House Bill hb0757e1

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                                        CS/HB 757, First Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; revising provisions relating to

  4         the organization of the Department of

  5         Transportation; deleting certain

  6         responsibilities of the secretary; requiring

  7         the secretary to submit a report on major

  8         actions at each meeting of the Florida

  9         Transportation Commission; revising provisions

10         relating to assistant secretaries; reducing the

11         number of assistant secretaries; creating the

12         Office of Comptroller; deleting provisions

13         relating to the inspector general and

14         comptroller; repealing s. 59, ch. 99-385, Laws

15         of Florida; abrogating the repeal of provisions

16         governing business damages in eminent domain

17         actions; amending s. 73.071, F.S.; providing

18         for the age required of a standing business in

19         order to qualify for business damages; amending

20         s. 110.205, F.S.; correcting cross references,

21         to conform; amending s. 120.52, F.S.;

22         redefining the term "agency" for the purposes

23         of the Administrative Procedure Act to provide

24         that metropolitan planning organizations are

25         not agencies for the purposes of the act;

26         amending s. 163.3177, F.S.; adding airport

27         master plans that have specified components to

28         comprehensive plans; creating exemption to

29         development of regional impact review if

30         certain conditions are met; amending s.

31         189.441, F.S., relating to contracts with an


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                                        CS/HB 757, First Engrossed



  1         authority under the Community Improvement

  2         Authority Act; removing an exemption from s.

  3         287.055, F.S., related to procurement of

  4         specified services; amending s. 215.615, F.S.,

  5         relating to funding of fixed-guideway

  6         transportation systems; deleting obsolete

  7         language; amending s. 255.20, F.S.; exempting

  8         certain transportation projects from certain

  9         competitive bidding requirements; amending s.

10         287.055, F.S.; increasing the amount defining a

11         continuing contract; amending s. 311.09, F.S.;

12         providing for application of s. 287.055, F.S.,

13         the Consultants' Competitive Negotiation Act,

14         to seaports; amending s. 315.02, F.S.;

15         redefining the terms "unit" and "port

16         facilities" for purposes of port facilities

17         financing; including seaport security projects

18         within the meaning of "port facility"; amending

19         s. 315.03, F.S.; authorizing certain entities

20         to participate in certain federal loan

21         programs; providing for oversight by the

22         Florida Seaport Transportation and Economic

23         Development Council; requiring annual reports;

24         requiring legislative review; amending s.

25         316.003, F.S.; revising definition of "motor

26         vehicle"; defining the terms "electric personal

27         assistive mobility device" and "motorized

28         scooter"; creating s. 316.2068, F.S.; providing

29         regulations for electric personal assistive

30         mobility devices; amending s. 316.515, F.S.;

31         revising size requirement provisions for


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                                        CS/HB 757, First Engrossed



  1         vehicles transporting certain agricultural

  2         products; allowing the Department of

  3         Transportation to issue permits for certain

  4         vehicles; amending s. 316.520, F.S.; exempting

  5         certain vehicles from covering requirements;

  6         creating s. 316.80, F.S.; establishing

  7         penalties for persons who transport motor or

  8         diesel fuel in unlawful containers;

  9         establishing penalties for use of stolen or

10         illegal payment access devices; providing for

11         forfeiture; providing for costs; amending s.

12         320.08056, F.S.; providing use fees for the

13         Florida Firefighters license plate and the

14         Police Benevolent Association license plate;

15         amending s. 320.08058, F.S.; providing for

16         creation of the Florida Firefighters license

17         plate and the Police Benevolent Association

18         license plate; providing for the distribution

19         of use fees received from the sale of such

20         plates; amending s. 332.004, F.S.; revising the

21         definition of "airport or aviation development

22         project" for purposes of the Florida Airport

23         Development and Assistance Act to add certain

24         noise mitigation projects; amending s. 332.007,

25         F.S.; extending expiration date of provisions

26         relating to economic assistance to airports for

27         certain projects; extending due date of certain

28         loans for certain airports; amending s. 333.06,

29         F.S.; adding requirements for an airport master

30         plan; amending s. 334.044, F.S.; authorizing

31         the department to expend money on items that


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                                        CS/HB 757, First Engrossed



  1         promote scenic highway projects; authorizing

  2         the department to delegate its drainage

  3         permitting responsibilities to other

  4         governmental entities under certain

  5         circumstances; amending s. 334.175, F.S.;

  6         adding state-registered landscape architects to

  7         the list of design professionals who sign,

  8         seal, and certify certain Department of

  9         Transportation project plans; creating s.

10         335.066, F.S.; creating the Safe Paths to

11         Schools Program within the Department of

12         Transportation; providing for consideration of

13         planning and construction with certain

14         criteria; providing for grants for local,

15         regional, and state projects that support the

16         program; providing rulemaking authority;

17         amending s. 336.41, F.S.; providing for

18         counties to certify or qualify persons to

19         perform work under certain contracts;

20         clarifying that a contractor already qualified

21         by the department is presumed qualified to

22         perform work described under contract on county

23         road projects; amending s. 336.44, F.S.;

24         providing that certain contracts shall be let

25         to the lowest responsible bidder; amending s.

26         337.11, F.S., relating to design-build

27         contracts effective July 1, 2003; adding

28         right-of-way services to activities that can be

29         part of a design-build contract; amending s.

30         337.11, F.S., relating to design-build

31         contracts effective July 1, 2005; deleting


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                                        CS/HB 757, First Engrossed



  1         right-of-way services from design-build

  2         contracts; amending s. 337.14, F.S.; revising

  3         provisions for qualifying persons to bid on

  4         certain construction contracts; providing for

  5         expressway authorities to certify or qualify

  6         persons to perform work under certain

  7         contracts; clarifying that a contractor

  8         qualified by the department is presumed

  9         qualified to perform work described under

10         contract on projects for expressway

11         authorities; amending s. 337.401, F.S.;

12         providing that for certain projects under the

13         department's jurisdiction, a utility relocation

14         schedule and relocation agreement may be

15         executed in lieu of a written permit; amending

16         s. 337.408, F.S.; revising language with

17         respect to the regulation of benches, transit

18         shelters, and waste disposal receptacles within

19         rights-of-way; restating the Department of

20         Transportation's rulemaking authority regarding

21         regulation of bus benches; providing for local

22         government regulation of dimensions of bus

23         benches and advertising displays to supersede

24         the department's regulations, in certain

25         circumstances; requiring approval of Federal

26         Highway Administration for bus benches and

27         advertising displays on the National Highway

28         System; providing for regulation of street

29         light poles; amending s. 339.08, F.S.; revising

30         language with respect to the use of moneys in

31         the State Transportation Trust Fund; amending


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                                        CS/HB 757, First Engrossed



  1         s. 339.12, F.S.; revising language relating to

  2         compensation to local governments that perform

  3         projects for the department; providing for

  4         preference to certain counties for

  5         transportation grants under specified

  6         circumstances; amending s. 339.55, F.S.;

  7         providing for state infrastructure bank funds

  8         to be spent on intermodal projects; revising

  9         criteria for evaluation of projects; amending

10         s. 341.031, F.S.; correcting cross references;

11         amending s. 341.051, F.S., relating to

12         financing of public transit capital projects,

13         and s. 341.053, F.S., relating to projects

14         eligible for funding under the Intermodal

15         Development Program; deleting obsolete

16         language; amending s. 341.501, F.S., relating

17         to high-technology transportation systems;

18         authorizing the department to match funds from

19         other states or jurisdictions for certain

20         purposes; providing criteria; amending s.

21         348.0003, F.S.; authorizing a county governing

22         body to set qualifications, terms of office,

23         and obligations and rights for the members of

24         expressway authorities within their

25         jurisdictions; amending s. 348.0008, F.S.;

26         allowing expressway authorities to acquire

27         certain interests in land; providing for

28         expressway authorities and their agents or

29         employees to access public or private property

30         for certain purposes; creating s. 348.545,

31         F.S.; clarifying that the Tampa-Hillsborough


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                                        CS/HB 757, First Engrossed



  1         County Expressway Authority may use bond

  2         revenues to finance improvements to toll

  3         facilities, interchanges, and other facilities

  4         related to the expressway system; amending s.

  5         348.565, F.S.; adding the connector highway

  6         linking Lee Roy Selmon Crosstown Expressway to

  7         Interstate 4 as an approved project; amending

  8         s. 373.4137, F.S.; providing for certain

  9         expressway, bridge, or transportation

10         authorities to create environmental impact

11         inventories and participate in a mitigation

12         program to offset adverse impacts caused by

13         their transportation projects; amending s.

14         380.04, F.S.; adding work on rights-of-way

15         pertaining to electricity facilities to the

16         list of activities not defined as "development"

17         for purposes of the Florida Environmental Land

18         and Water Management Act; amending s. 380.06,

19         F.S., relating to development of regional

20         impact; removing a rebuttable presumption with

21         respect to application of the statewide

22         guidelines and standards and revising the fixed

23         thresholds; providing application with respect

24         to developments that have received a

25         development-of-regional-impact development

26         order or that have an application for

27         development approval or notification of

28         proposed change pending; amending s. 496.425,

29         F.S.; redefining the term "facility"; creating

30         s. 496.4256, F.S.; providing that a

31         governmental entity or authority that owns or


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                                        CS/HB 757, First Engrossed



  1         operates certain facilities on the State

  2         Highway System is not required to issue a

  3         permit or grant access to any person for the

  4         purpose of soliciting funds; creating the Dori

  5         Slosberg Driver Education Safety Act;

  6         authorizing a board of county commissioners to

  7         require an additional amount to be collected

  8         with each civil traffic penalty to be used to

  9         fund traffic education programs in public and

10         nonpublic schools; providing for administration

11         of funds collected; restricting use of said

12         funds; amending s. 2 of chapter 88-418, Laws of

13         Florida, relating to Crandon Boulevard;

14         allowing expenditure of public funds for

15         modifications to provide access for

16         governmental public safety vehicles; providing

17         effective dates.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Subsections (1), (2), (3), (6), and (7) of

22  section 20.23, Florida Statutes, are amended to read:

23         20.23  Department of Transportation.--There is created

24  a Department of Transportation which shall be a decentralized

25  agency.

26         (1)(a)1.  The head of the Department of Transportation

27  is the Secretary of Transportation. The secretary shall be

28  appointed by the Governor from among three persons nominated

29  by the Florida Transportation Commission and shall be subject

30  to confirmation by the Senate. The secretary shall serve at

31  the pleasure of the Governor.


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                                        CS/HB 757, First Engrossed



  1         (b)2.  The secretary shall be a proven, effective

  2  administrator who by a combination of education and experience

  3  shall clearly possess a broad knowledge of the administrative,

  4  financial, and technical aspects of the development,

  5  operation, and regulation of transportation systems and

  6  facilities or comparable systems and facilities.

  7         (b)1.  The secretary shall employ all personnel of the

  8  department. He or she shall implement all laws, rules,

  9  policies, and procedures applicable to the operation of the

10  department and may not by his or her actions disregard or act

11  in a manner contrary to any such policy. The secretary shall

12  represent the department in its dealings with other state

13  agencies, local governments, special districts, and the

14  Federal Government. He or she shall have authority to sign and

15  execute all documents and papers necessary to carry out his or

16  her duties and the operations of the department. At each

17  meeting of the Florida Transportation Commission, the

18  secretary shall submit a report of major actions taken by him

19  or her as official representative of the department.

20         2.  The secretary shall cause the annual department

21  budget request, the Florida Transportation Plan, and the

22  tentative work program to be prepared in accordance with all

23  applicable laws and departmental policies and shall submit the

24  budget, plan, and program to the Florida Transportation

25  Commission. The commission shall perform an in-depth

26  evaluation of the budget, plan, and program for compliance

27  with all applicable laws and departmental policies. If the

28  commission determines that the budget, plan, or program is not

29  in compliance with all applicable laws and departmental

30  policies, it shall report its findings and recommendations

31


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                                        CS/HB 757, First Engrossed



  1  regarding such noncompliance to the Legislature and the

  2  Governor.

  3         (c)3.  The secretary shall provide to the Florida

  4  Transportation Commission or its staff, such assistance,

  5  information, and documents as are requested by the commission

  6  or its staff to enable the commission to fulfill its duties

  7  and responsibilities.

  8         (d)(c)  The secretary shall appoint two three assistant

  9  secretaries who shall be directly responsible to the secretary

10  and who shall perform such duties as are specified in this

11  section and such other duties as are assigned by the

12  secretary. The secretary may delegate to any assistant

13  secretary the authority to act in the absence of the

14  secretary. The department has the authority to adopt rules

15  necessary for the delegation of authority beyond the assistant

16  secretaries. The assistant secretaries shall serve at the

17  pleasure of the secretary.

18         (e)(d)  Any secretary appointed after July 5, 1989, and

19  the assistant secretaries shall be exempt from the provisions

20  of part III of chapter 110 and shall receive compensation

21  commensurate with their qualifications and competitive with

22  compensation for comparable responsibility in the private

23  sector. When the salary of any assistant secretary exceeds the

24  limits established in part III of chapter 110, the Governor

25  shall approve said salary.

26         (2)(a)1.  The Florida Transportation Commission is

27  hereby created and shall consist of nine members appointed by

28  the Governor subject to confirmation by the Senate. Members of

29  the commission shall serve terms of 4 years each.

30         2.  Members shall be appointed in such a manner as to

31  equitably represent all geographic areas of the state. Each


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                                        CS/HB 757, First Engrossed



  1  member must be a registered voter and a citizen of the state.

  2  Each member of the commission must also possess business

  3  managerial experience in the private sector.

  4         3.  A member of the commission shall represent the

  5  transportation needs of the state as a whole and may not

  6  subordinate the needs of the state to those of any particular

  7  area of the state.

  8         4.  The commission is assigned to the Office of the

  9  Secretary of the Department of Transportation for

10  administrative and fiscal accountability purposes, but it

11  shall otherwise function independently of the control and

12  direction of the department.

13         (b)  The commission shall have the primary functions

14  to:

15         1.  Recommend major transportation policies for the

16  Governor's approval, and assure that approved policies and any

17  revisions thereto are properly executed.

18         2.  Periodically review the status of the state

19  transportation system including highway, transit, rail,

20  seaport, intermodal development, and aviation components of

21  the system and recommend improvements therein to the Governor

22  and the Legislature.

23         3.  Perform an in-depth evaluation of the annual

24  department budget request, the Florida Transportation Plan,

25  and the tentative work program for compliance with all

26  applicable laws and established departmental policies. Except

27  as specifically provided in s. 339.135(4)(c)2., (d), and (f),

28  the commission may not consider individual construction

29  projects, but shall consider methods of accomplishing the

30  goals of the department in the most effective, efficient, and

31  businesslike manner.


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                                        CS/HB 757, First Engrossed



  1         4.  Monitor the financial status of the department on a

  2  regular basis to assure that the department is managing

  3  revenue and bond proceeds responsibly and in accordance with

  4  law and established policy.

  5         5.  Monitor on at least a quarterly basis, the

  6  efficiency, productivity, and management of the department,

  7  using performance and production standards developed by the

  8  commission pursuant to s. 334.045.

  9         6.  Perform an in-depth evaluation of the factors

10  causing disruption of project schedules in the adopted work

11  program and recommend to the Legislature and the Governor

12  methods to eliminate or reduce the disruptive effects of these

13  factors.

14         7.  Recommend to the Governor and the Legislature

15  improvements to the department's organization in order to

16  streamline and optimize the efficiency of the department. In

17  reviewing the department's organization, the commission shall

18  determine if the current district organizational structure is

19  responsive to Florida's changing economic and demographic

20  development patterns. The initial report by the commission

21  must be delivered to the Governor and Legislature by December

22  15, 2000, and each year thereafter, as appropriate. The

23  commission may retain such experts as are reasonably necessary

24  to effectuate this subparagraph, and the department shall pay

25  the expenses of such experts.

26         (c)  The commission or a member thereof may not enter

27  into the day-to-day operation of the department and is

28  specifically prohibited from taking part in:

29         1.  The awarding of contracts.

30         2.  The selection of a consultant or contractor or the

31  prequalification of any individual consultant or contractor.


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                                        CS/HB 757, First Engrossed



  1  However, the commission may recommend to the secretary

  2  standards and policies governing the procedure for selection

  3  and prequalification of consultants and contractors.

  4         3.  The selection of a route for a specific project.

  5         4.  The specific location of a transportation facility.

  6         5.  The acquisition of rights-of-way.

  7         6.  The employment, promotion, demotion, suspension,

  8  transfer, or discharge of any department personnel.

  9         7.  The granting, denial, suspension, or revocation of

10  any license or permit issued by the department.

11         (d)1.  The chair of the commission shall be selected by

12  the commission members and shall serve a 1-year term.

13         2.  The commission shall hold a minimum of 4 regular

14  meetings annually, and other meetings may be called by the

15  chair upon giving at least 1 week's notice to all members and

16  the public pursuant to chapter 120. Other meetings may also be

17  held upon the written request of at least four other members

18  of the commission, with at least 1 week's notice of such

19  meeting being given to all members and the public by the chair

20  pursuant to chapter 120. Emergency meetings may be held

21  without notice upon the request of all members of the

22  commission. At each meeting of the commission, the secretary

23  or his or her designee shall submit a report of major actions

24  taken by him or her as official representative of the

25  department.

26         3.  A majority of the membership of the commission

27  constitutes a quorum at any meeting of the commission. An

28  action of the commission is not binding unless the action is

29  taken pursuant to an affirmative vote of a majority of the

30  members present, but not fewer than four members of the

31


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                                        CS/HB 757, First Engrossed



  1  commission at a meeting held pursuant to subparagraph 2., and

  2  the vote is recorded in the minutes of that meeting.

  3         4.  The chair shall cause to be made a complete record

  4  of the proceedings of the commission, which record shall be

  5  open for public inspection.

  6         (e)  The meetings of the commission shall be held in

  7  the central office of the department in Tallahassee unless the

  8  chair determines that special circumstances warrant meeting at

  9  another location.

10         (f)  Members of the commission are entitled to per diem

11  and travel expenses pursuant to s. 112.061.

12         (g)  A member of the commission may not have any

13  interest, direct or indirect, in any contract, franchise,

14  privilege, or other benefit granted or awarded by the

15  department during the term of his or her appointment and for 2

16  years after the termination of such appointment.

17         (h)  The commission shall appoint an executive director

18  and assistant executive director, who shall serve under the

19  direction, supervision, and control of the commission. The

20  executive director, with the consent of the commission, shall

21  employ such staff as are necessary to perform adequately the

22  functions of the commission, within budgetary limitations. All

23  employees of the commission are exempt from part II of chapter

24  110 and shall serve at the pleasure of the commission. The

25  salaries and benefits of all employees of the commission shall

26  be set in accordance with the Selected Exempt Service;

27  provided, however, that the commission shall have complete

28  authority for fixing the salary of the executive director and

29  assistant executive director.

30         (i)  The commission shall develop a budget pursuant to

31  chapter 216. The budget is not subject to change by the


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                                        CS/HB 757, First Engrossed



  1  department, but such budget shall be submitted to the Governor

  2  along with the budget of the department.

  3         (3)(a)  The central office shall establish departmental

  4  policies, rules, procedures, and standards and shall monitor

  5  the implementation of such policies, rules, procedures, and

  6  standards in order to ensure uniform compliance and quality

  7  performance by the districts and central office units that

  8  implement transportation programs. Major transportation policy

  9  initiatives or revisions shall be submitted to the commission

10  for review. The central office monitoring function shall be

11  based on a plan that clearly specifies what areas will be

12  monitored, activities and criteria used to measure compliance,

13  and a feedback process that assures monitoring findings are

14  reported and deficiencies corrected. The secretary is

15  responsible for ensuring that a central office monitoring

16  function is implemented, and that it functions properly. In

17  conjunction with its monitoring function, the central office

18  shall provide such training and administrative support to the

19  districts as the department determines to be necessary to

20  ensure that the department's programs are carried out in the

21  most efficient and effective manner.

22         (b)  The resources necessary to ensure the efficiency,

23  effectiveness, and quality of performance by the department of

24  its statutory responsibilities shall be allocated to the

25  central office.

26         (b)(c)  The secretary shall appoint an Assistant

27  Secretary for Transportation Policy and, an Assistant

28  Secretary for Finance and Administration, and an Assistant

29  Secretary for District Operations, each of whom shall serve at

30  the pleasure of the secretary. The positions are responsible

31  for developing, monitoring, and enforcing policy and managing


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                                        CS/HB 757, First Engrossed



  1  major technical programs. The responsibilities and duties of

  2  these positions include, but are not limited to, the following

  3  functional areas:

  4         1.  Assistant Secretary for Transportation Policy.--

  5         a.  Development of the Florida Transportation Plan and

  6  other policy planning;

  7         b.  Development of statewide modal systems plans,

  8  including public transportation systems;

  9         c.  Design of transportation facilities;

10         d.  Construction of transportation facilities;

11         e.  Acquisition and management of transportation

12  rights-of-way; and

13         f.  Administration of motor carrier compliance and

14  safety.

15         2.  Assistant Secretary for District Operations.--

16         a.  Administration of the eight districts; and

17         b.  Implementation of the decentralization of the

18  department.

19         3.  Assistant Secretary for Finance and

20  Administration.--

21         a.  Financial planning and management;

22         b.  Information systems;

23         c.  Accounting systems;

24         d.  Administrative functions; and

25         e.  Administration of toll operations.

26         (d)1.  Policy, program, or operations offices shall be

27  established within the central office for the purposes of:

28         a.  Developing policy and procedures and monitoring

29  performance to ensure compliance with these policies and

30  procedures;

31


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                                        CS/HB 757, First Engrossed



  1         b.  Performing statewide activities which it is more

  2  cost-effective to perform in a central location;

  3         c.  Assessing and ensuring the accuracy of information

  4  within the department's financial management information

  5  systems; and

  6         d.  Performing other activities of a statewide nature.

  7         (c)1.2.  The following offices are established and

  8  shall be headed by a manager, each of whom shall be appointed

  9  by and serve at the pleasure of the secretary. The positions

10  shall be classified at a level equal to a division director:

11         a.  The Office of Administration.;

12         b.  The Office of Policy Planning.;

13         c.  The Office of Design.;

14         d.  The Office of Highway Operations.;

15         e.  The Office of Right-of-Way.;

16         f.  The Office of Toll Operations.;

17         g.  The Office of Information Systems.; and

18         h.  The Office of Motor Carrier Compliance.

19         i.  The Office of Management and Budget.

20         j.  The Office of Comptroller.

21         2.3.  Other offices may be established in accordance

22  with s. 20.04(7). The heads of such offices are exempt from

23  part II of chapter 110. No office or organization shall be

24  created at a level equal to or higher than a division without

25  specific legislative authority.

26         3.4.  During the construction of a major transportation

27  improvement project or as determined by the district

28  secretary, the department may provide assistance to a business

29  entity significantly impacted by the project if the entity is

30  a for-profit entity that has been in business for 3 years

31  prior to the beginning of construction and has direct or


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                                        CS/HB 757, First Engrossed



  1  shared access to the transportation project being constructed.

  2  The assistance program shall be in the form of additional

  3  guarantees to assist the impacted business entity in receiving

  4  loans pursuant to Title 13 C.F.R. part 120. However, in no

  5  instance shall the combined guarantees be greater than 90

  6  percent of the loan. The department shall adopt rules to

  7  implement this subparagraph.

  8         (e)  The Assistant Secretary for Finance and

  9  Administration must possess a broad knowledge of the

10  administrative, financial, and technical aspects of a complete

11  cost-accounting system, budget preparation and management, and

12  management information systems. The Assistant Secretary for

13  Finance and Administration must be a proven, effective manager

14  with specialized skills in financial planning and management.

15  The Assistant Secretary for Finance and Administration shall

16  ensure that financial information is processed in a timely,

17  accurate, and complete manner.

18         (f)1.  Within the central office there is created an

19  Office of Management and Budget. The head of the Office of

20  Management and Budget is responsible to the Assistant

21  Secretary for Finance and Administration and is exempt from

22  part II of chapter 110.

23         2.  The functions of the Office of Management and

24  Budget include, but are not limited to:

25         a.  Preparation of the work program;

26         b.  Preparation of the departmental budget; and

27         c.  Coordination of related policies and procedures.

28         3.  The Office of Management and Budget shall also be

29  responsible for developing uniform implementation and

30  monitoring procedures for all activities performed at the

31  district level involving the budget and the work program.


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                                        CS/HB 757, First Engrossed



  1         (d)(g)  The secretary shall may appoint an inspector

  2  general pursuant to s. 20.055 who shall be directly

  3  responsible to the secretary and shall serve at the pleasure

  4  of the secretary.

  5         (h)1.  The secretary shall appoint an inspector general

  6  pursuant to s. 20.055. The inspector general may be

  7  organizationally located within another unit of the department

  8  for administrative purposes, but shall function independently

  9  and be directly responsible to the secretary pursuant to s.

10  20.055. The duties of the inspector general shall include, but

11  are not restricted to, reviewing, evaluating, and reporting on

12  the policies, plans, procedures, and accounting, financial,

13  and other operations of the department and recommending

14  changes for the improvement thereof, as well as performing

15  audits of contracts and agreements between the department and

16  private entities or other governmental entities. The inspector

17  general shall give priority to reviewing major parts of the

18  department's accounting system and central office monitoring

19  function to determine whether such systems effectively ensure

20  accountability and compliance with all laws, rules, policies,

21  and procedures applicable to the operation of the department.

22  The inspector general shall also give priority to assessing

23  the department's management information systems as required by

24  s. 282.318. The internal audit function shall use the

25  necessary expertise, in particular, engineering, financial,

26  and property appraising expertise, to independently evaluate

27  the technical aspects of the department's operations. The

28  inspector general shall have access at all times to any

29  personnel, records, data, or other information of the

30  department and shall determine the methods and procedures

31  necessary to carry out his or her duties. The inspector


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                                        CS/HB 757, First Engrossed



  1  general is responsible for audits of departmental operations

  2  and for audits of consultant contracts and agreements, and

  3  such audits shall be conducted in accordance with generally

  4  accepted governmental auditing standards. The inspector

  5  general shall annually perform a sufficient number of audits

  6  to determine the efficiency and effectiveness, as well as

  7  verify the accuracy of estimates and charges, of contracts

  8  executed by the department with private entities and other

  9  governmental entities. The inspector general has the sole

10  responsibility for the contents of his or her reports, and a

11  copy of each report containing his or her findings and

12  recommendations shall be furnished directly to the secretary

13  and the commission.

14         2.  In addition to the authority and responsibilities

15  herein provided, the inspector general is required to report

16  to the:

17         a.  Secretary whenever the inspector general makes a

18  preliminary determination that particularly serious or

19  flagrant problems, abuses, or deficiencies relating to the

20  administration of programs and operations of the department

21  have occurred. The secretary shall review and assess the

22  correctness of the preliminary determination by the inspector

23  general. If the preliminary determination is substantiated,

24  the secretary shall submit such report to the appropriate

25  committees of the Legislature within 7 calendar days, together

26  with a report by the secretary containing any comments deemed

27  appropriate. Nothing in this section shall be construed to

28  authorize the public disclosure of information which is

29  specifically prohibited from disclosure by any other provision

30  of law.

31


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                                        CS/HB 757, First Engrossed



  1         b.  Transportation Commission and the Legislature any

  2  actions by the secretary that prohibit the inspector general

  3  from initiating, carrying out, or completing any audit after

  4  the inspector general has decided to initiate, carry out, or

  5  complete such audit. The secretary shall, within 30 days after

  6  transmission of the report, set forth in a statement to the

  7  Transportation Commission and the Legislature the reasons for

  8  his or her actions.

  9         (i)1.  The secretary shall appoint a comptroller who is

10  responsible to the Assistant Secretary for Finance and

11  Administration. This position is exempt from part II of

12  chapter 110.

13         2.  The comptroller is the chief financial officer of

14  the department and must be a proven, effective administrator

15  who by a combination of education and experience clearly

16  possesses a broad knowledge of the administrative, financial,

17  and technical aspects of a complex cost-accounting system. The

18  comptroller must also have a working knowledge of generally

19  accepted accounting principles. At a minimum, the comptroller

20  must hold an active license to practice public accounting in

21  Florida pursuant to chapter 473 or an active license to

22  practice public accounting in any other state. In addition to

23  the requirements of the Florida Fiscal Accounting Management

24  Information System Act, the comptroller is responsible for the

25  development, maintenance, and modification of an accounting

26  system that will in a timely manner accurately reflect the

27  revenues and expenditures of the department and that includes

28  a cost-accounting system to properly identify, segregate,

29  allocate, and report department costs. The comptroller shall

30  supervise and direct preparation of a detailed 36-month

31  forecast of cash and expenditures and is responsible for


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                                        CS/HB 757, First Engrossed



  1  managing cash and determining cash requirements. The

  2  comptroller shall review all comparative cost studies that

  3  examine the cost-effectiveness and feasibility of contracting

  4  for services and operations performed by the department. The

  5  review must state that the study was prepared in accordance

  6  with generally accepted cost-accounting standards applied in a

  7  consistent manner using valid and accurate cost data.

  8         3.  The department shall by rule or internal management

  9  memoranda as required by chapter 120 provide for the

10  maintenance by the comptroller of financial records and

11  accounts of the department as will afford a full and complete

12  check against the improper payment of bills and provide a

13  system for the prompt payment of the just obligations of the

14  department, which records must at all times disclose:

15         a.  The several appropriations available for the use of

16  the department;

17         b.  The specific amounts of each such appropriation

18  budgeted by the department for each improvement or purpose;

19         c.  The apportionment or division of all such

20  appropriations among the several counties and districts, when

21  such apportionment or division is made;

22         d.  The amount or portion of each such apportionment

23  against general contractual and other liabilities then

24  created;

25         e.  The amount expended and still to be expended in

26  connection with each contractual and other obligation of the

27  department;

28         f.  The expense and operating costs of the various

29  activities of the department;

30         g.  The receipts accruing to the department and the

31  distribution thereof;


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                                        CS/HB 757, First Engrossed



  1         h.  The assets, investments, and liabilities of the

  2  department; and

  3         i.  The cash requirements of the department for a

  4  36-month period.

  5         4.  The comptroller shall maintain a separate account

  6  for each fund administered by the department.

  7         5.  The comptroller shall perform such other related

  8  duties as designated by the department.

  9         (e)(j)  The secretary shall appoint a general counsel

10  who shall be employed full time and shall be directly

11  responsible to the secretary and shall serve at the pleasure

12  of the secretary. The general counsel is responsible for all

13  legal matters of the department. The department may employ as

14  many attorneys as it deems necessary to advise and represent

15  the department in all transportation matters.

16         (f)(k)  The secretary shall appoint a state

17  transportation planner who shall report to the Assistant

18  Secretary for Transportation Policy. The state transportation

19  planner's responsibilities shall include, but are not limited

20  to, policy planning, systems planning, and transportation

21  statistics. This position shall be classified at a level equal

22  to a deputy assistant secretary.

23         (g)(l)  The secretary shall appoint a state highway

24  engineer who shall report to the Assistant Secretary for

25  Transportation Policy. The state highway engineer's

26  responsibilities shall include, but are not limited to,

27  design, construction, and maintenance of highway facilities;

28  acquisition and management of transportation rights-of-way;

29  traffic engineering; and materials testing. This position

30  shall be classified at a level equal to a deputy assistant

31  secretary.


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                                        CS/HB 757, First Engrossed



  1         (h)(m)  The secretary shall appoint a state public

  2  transportation administrator who shall report to the Assistant

  3  Secretary for Transportation Policy. The state public

  4  transportation administrator's responsibilities shall include,

  5  but are not limited to, the administration of statewide

  6  transit, rail, intermodal development, and aviation programs.

  7  This position shall be classified at a level equal to a deputy

  8  assistant secretary. The department shall also assign to the

  9  public transportation administrator an organizational unit the

10  primary function of which is to administer the high-speed rail

11  program.

12         (6)  To facilitate the efficient and effective

13  management of the department in a businesslike manner, the

14  department shall develop a system for the submission of

15  monthly management reports to the Florida Transportation

16  Commission and secretary from the district secretaries. The

17  commission and the secretary shall determine which reports are

18  required to fulfill their respective responsibilities under

19  this section. A copy of each such report shall be submitted

20  monthly to the appropriations and transportation committees of

21  the Senate and the House of Representatives. Recommendations

22  made by the Auditor General in his or her audits of the

23  department that relate to management practices, systems, or

24  reports shall be implemented in a timely manner. However, if

25  the department determines that one or more of the

26  recommendations should be altered or should not be

27  implemented, it shall provide a written explanation of such

28  determination to the Legislative Auditing Committee within 6

29  months after the date the recommendations were published.

30

31


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                                        CS/HB 757, First Engrossed



  1         (6)(7)  The department is authorized to contract with

  2  local governmental entities and with the private sector if the

  3  department first determines that:

  4         (a)  Consultants can do the work at less cost than

  5  state employees;

  6         (b)  State employees can do the work at less cost, but

  7  sufficient positions have not been approved by the Legislature

  8  as requested in the department's most recent legislative

  9  budget request;

10         (c)  The work requires specialized expertise, and it

11  would not be economical for the state to acquire, and then

12  maintain, the expertise after the work is done;

13         (d)  The workload is at a peak level, and it would not

14  be economical to acquire, and then keep, extra personnel after

15  the workload decreases; or

16         (e)  The use of such entities is clearly in the

17  public's best interest.

18

19  Such contracts shall require compliance with applicable

20  federal and state laws, and clearly specify the product or

21  service to be provided.

22         Section 2.  Section 59 of chapter 99-385, Laws of

23  Florida, is repealed.

24         Section 3.  Paragraph (b) of subsection (3) of section

25  73.071, Florida Statutes, is amended to read:

26         73.071  Jury trial; compensation; severance damages;

27  business damages.--

28         (3)  The jury shall determine solely the amount of

29  compensation to be paid, which compensation shall include:

30         (b)  Where less than the entire property is sought to

31  be appropriated, any damages to the remainder caused by the


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                                        CS/HB 757, First Engrossed



  1  taking, including, when the action is by the Department of

  2  Transportation, county, municipality, board, district or other

  3  public body for the condemnation of a right-of-way, and the

  4  effect of the taking of the property involved may damage or

  5  destroy an established business of more than 4 years' standing

  6  before January 1, 2005, or the effect of the taking of the

  7  property involved may damage or destroy an established

  8  business of more than 5 years' standing on or after January 1,

  9  2005, owned by the party whose lands are being so taken,

10  located upon adjoining lands owned or held by such party, the

11  probable damages to such business which the denial of the use

12  of the property so taken may reasonably cause; any person

13  claiming the right to recover such special damages shall set

14  forth in his or her written defenses the nature and extent of

15  such damages; and

16         Section 4.  Paragraphs (j) and (m) of subsection (2) of

17  section 110.205, Florida Statutes, are amended to read:

18         110.205  Career service; exemptions.--

19         (2)  EXEMPT POSITIONS.--The exempt positions that are

20  not covered by this part include the following:

21         (j)  The appointed secretaries, assistant secretaries,

22  deputy secretaries, and deputy assistant secretaries of all

23  departments; the executive directors, assistant executive

24  directors, deputy executive directors, and deputy assistant

25  executive directors of all departments; and the directors of

26  all divisions and those positions determined by the department

27  to have managerial responsibilities comparable to such

28  positions, which positions include, but are not limited to,

29  program directors, assistant program directors, district

30  administrators, deputy district administrators, the Director

31  of Central Operations Services of the Department of Children


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                                        CS/HB 757, First Engrossed



  1  and Family Services, and the State Transportation Planner,

  2  State Highway Engineer, State Public Transportation

  3  Administrator, district secretaries, district directors of

  4  planning and programming, production, and operations, and the

  5  managers of the offices specified in s. 20.23(3)(c)1.(d)2., of

  6  the Department of Transportation. Unless otherwise fixed by

  7  law, the department shall set the salary and benefits of these

  8  positions in accordance with the rules of the Senior

  9  Management Service.

10         (m)  All assistant division director, deputy division

11  director, and bureau chief positions in any department, and

12  those positions determined by the department to have

13  managerial responsibilities comparable to such positions,

14  which positions include, but are not limited to, positions in

15  the Department of Health, the Department of Children and

16  Family Services, and the Department of Corrections that are

17  assigned primary duties of serving as the superintendent or

18  assistant superintendent, or warden or assistant warden, of an

19  institution; positions in the Department of Corrections that

20  are assigned primary duties of serving as the circuit

21  administrator or deputy circuit administrator; positions in

22  the Department of Transportation that are assigned primary

23  duties of serving as regional toll managers and managers of

24  offices as defined in s. 20.23(3)(c)2.(d)3. and (4)(d);

25  positions in the Department of Environmental Protection that

26  are assigned the duty of an Environmental Administrator or

27  program administrator; those positions described in s. 20.171

28  as included in the Senior Management Service; and positions in

29  the Department of Health that are assigned the duties of

30  Environmental Administrator, Assistant County Health

31  Department Director, and County Health Department Financial


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                                        CS/HB 757, First Engrossed



  1  Administrator. Unless otherwise fixed by law, the department

  2  shall set the salary and benefits of these positions in

  3  accordance with the rules established for the Selected Exempt

  4  Service.

  5         Section 5.  Subsection (1) of section 120.52, Florida

  6  Statutes, is amended to read:

  7         120.52  Definitions.--As used in this act:

  8         (1)  "Agency" means:

  9         (a)  The Governor in the exercise of all executive

10  powers other than those derived from the constitution.

11         (b)  Each:

12         1.  State officer and state department, and each

13  departmental unit described in s. 20.04.

14         2.  Authority, including a regional water supply

15  authority.

16         3.  Board.

17         4.  Commission, including the Commission on Ethics and

18  the Fish and Wildlife Conservation Commission when acting

19  pursuant to statutory authority derived from the Legislature.

20         5.  Regional planning agency.

21         6.  Multicounty special district with a majority of its

22  governing board comprised of nonelected persons.

23         7.  Educational units.

24         8.  Entity described in chapters 163, 373, 380, and 582

25  and s. 186.504.

26         (c)  Each other unit of government in the state,

27  including counties and municipalities, to the extent they are

28  expressly made subject to this act by general or special law

29  or existing judicial decisions.

30

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                                        CS/HB 757, First Engrossed



  1  This definition does not include any legal entity or agency

  2  created in whole or in part pursuant to chapter 361, part II,

  3  a metropolitan planning organization created pursuant to s.

  4  339.175, an expressway authority pursuant to chapter 348, any

  5  legal or administrative entity created by an interlocal

  6  agreement pursuant to s. 163.01(7), unless any party to such

  7  agreement is otherwise an agency as defined in this

  8  subsection, or any multicounty special district with a

  9  majority of its governing board comprised of elected persons;

10  however, this definition shall include a regional water supply

11  authority.

12         Section 6.  Paragraph (k) is added to subsection (6) of

13  section 163.3177, Florida Statutes, to read:

14         163.3177  Required and optional elements of

15  comprehensive plan; studies and surveys.--

16         (6)  In addition to the requirements of subsections

17  (1)-(5), the comprehensive plan shall include the following

18  elements:

19         (k)  An airport master plan, and any subsequent

20  amendments to the airport master plan, prepared by a licensed

21  publicly owned and operated airport under s. 333.06 may be

22  incorporated into the local government comprehensive plan by

23  the local government having jurisdiction under this act for

24  the area in which the airport or projected airport development

25  is located by the adoption of a comprehensive plan amendment.

26  In the amendment to the local comprehensive plan that

27  integrates the airport master plan, the comprehensive plan

28  amendment shall address land use compatibility consistent with

29  chapter 333 regarding airport zoning; the provision of

30  regional transportation facilities for the efficient use and

31  operation of the transportation system and airport;


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                                        CS/HB 757, First Engrossed



  1  consistency with the local government transportation

  2  circulation element and applicable metropolitan planning

  3  organization long-range transportation plans; and the

  4  execution of any necessary interlocal agreements for the

  5  purposes of the provision of public facilities and services to

  6  maintain the adopted level of service standards for facilities

  7  subject to concurrency; and may address airport-related or

  8  aviation-related development. Development or expansion of an

  9  airport consistent with the adopted airport master plan that

10  has been incorporated into the local comprehensive plan in

11  compliance with this part, and airport-related or

12  aviation-related development that has been addressed in the

13  comprehensive plan amendment that incorporates the airport

14  master plan, shall not be a development of regional impact.

15         Section 7.  Section 189.441, Florida Statutes, is

16  amended to read:

17         189.441  Contracts.--Contracts for the construction of

18  projects and for any other purpose of the authority may be

19  awarded by the authority in a manner that will best promote

20  free and open competition, including advertisement for

21  competitive bids; however, if the authority determines that

22  the purposes of this act will be more effectively served

23  thereby, the authority may award or cause to be awarded

24  contracts for the construction of any project, including

25  design-build contracts, or any part thereof, or for any other

26  purpose of the authority upon a negotiated basis as determined

27  by the authority. Each contractor doing business with the

28  authority and required to be licensed by the state or local

29  general-purpose governments must maintain the license during

30  the term of the contract with the authority. The authority may

31  prescribe bid security requirements and other procedures in


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                                        CS/HB 757, First Engrossed



  1  connection with the award of contracts which protect the

  2  public interest. Section 287.055 does not apply to the

  3  selection of professional architectural, engineering,

  4  landscape architectural, or land surveying services by the

  5  authority or to the procurement of design-build contracts. The

  6  authority may, and in the case of a new professional sports

  7  franchise must, by written contract engage the services of the

  8  operator, lessee, sublessee, or purchaser, or prospective

  9  operator, lessee, sublessee, or purchaser, of any project in

10  the construction of the project and may, and in the case of a

11  new professional sports franchise must, provide in the

12  contract that the lessee, sublessee, purchaser, or prospective

13  lessee, sublessee, or purchaser, may act as an agent of, or an

14  independent contractor for, the authority for the performance

15  of the functions described therein, subject to the conditions

16  and requirements prescribed in the contract, including

17  functions such as the acquisition of the site and other real

18  property for the project; the preparation of plans,

19  specifications, financing, and contract documents; the award

20  of construction and other contracts upon a competitive or

21  negotiated basis; the construction of the project, or any part

22  thereof, directly by the lessee, purchaser, or prospective

23  lessee or purchaser; the inspection and supervision of

24  construction; the employment of engineers, architects,

25  builders, and other contractors; and the provision of money to

26  pay the cost thereof pending reimbursement by the authority.

27  Any such contract may, and in the case of a new professional

28  sports franchise must, allow the authority to make advances to

29  or reimburse the lessee, sublessee, or purchaser, or

30  prospective lessee, sublessee, or purchaser for its costs

31  incurred in the performance of those functions, and must set


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                                        CS/HB 757, First Engrossed



  1  forth the supporting documents required to be submitted to the

  2  authority and the reviews, examinations, and audits that are

  3  required in connection therewith to assure compliance with the

  4  contract.

  5         Section 8.  Subsection (2) of section 215.615, Florida

  6  Statutes, is amended to read:

  7         215.615  Fixed-guideway transportation systems

  8  funding.--

  9         (2)  To be eligible for participation, fixed-guideway

10  transportation system projects must comply with the major

11  capital investment policy guidelines and criteria established

12  by the Department of Transportation under chapter 341; must be

13  found to be consistent, to the maximum extent feasible, with

14  approved local government comprehensive plans of the local

15  governments in which such projects are located; and must be

16  included in the work program of the Department of

17  Transportation pursuant to the provisions under s. 339.135.

18  The department shall certify that the expected useful life of

19  the transportation improvements will equal or exceed the

20  maturity date of the debt to be issued.

21         Section 9.  Paragraph (a) of subsection (1) of section

22  255.20, Florida Statutes, is amended to read:

23         255.20  Local bids and contracts for public

24  construction works; specification of state-produced lumber.--

25         (1)  A county, municipality, special district as

26  defined in chapter 189, or other political subdivision of the

27  state seeking to construct or improve a public building,

28  structure, or other public construction works must

29  competitively award to an appropriately licensed contractor

30  each project that is estimated in accordance with generally

31  accepted cost-accounting principles to have total construction


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                                        CS/HB 757, First Engrossed



  1  project costs of more than $200,000. For electrical work,

  2  local government must competitively award to an appropriately

  3  licensed contractor each project that is estimated in

  4  accordance with generally accepted cost-accounting principles

  5  to have a cost of more than $50,000. As used in this section,

  6  the term "competitively award" means to award contracts based

  7  on the submission of sealed bids, proposals submitted in

  8  response to a request for proposal, proposals submitted in

  9  response to a request for qualifications, or proposals

10  submitted for competitive negotiation. This subsection

11  expressly allows contracts for construction management

12  services, design/build contracts, continuation contracts based

13  on unit prices, and any other contract arrangement with a

14  private sector contractor permitted by any applicable

15  municipal or county ordinance, by district resolution, or by

16  state law. For purposes of this section, construction costs

17  include the cost of all labor, except inmate labor, and

18  include the cost of equipment and materials to be used in the

19  construction of the project. Subject to the provisions of

20  subsection (3), the county, municipality, special district, or

21  other political subdivision may establish, by municipal or

22  county ordinance or special district resolution, procedures

23  for conducting the bidding process.

24         (a)  The provisions of this subsection do not apply:

25         1.  When the project is undertaken to replace,

26  reconstruct, or repair an existing facility damaged or

27  destroyed by a sudden unexpected turn of events, such as an

28  act of God, riot, fire, flood, accident, or other urgent

29  circumstances, and such damage or destruction creates:

30         a.  An immediate danger to the public health or safety;

31


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                                        CS/HB 757, First Engrossed



  1         b.  Other loss to public or private property which

  2  requires emergency government action; or

  3         c.  An interruption of an essential governmental

  4  service.

  5         2.  When, after notice by publication in accordance

  6  with the applicable ordinance or resolution, the governmental

  7  entity does not receive any responsive bids or responses.

  8         3.  To construction, remodeling, repair, or improvement

  9  to a public electric or gas utility system when such work on

10  the public utility system is performed by personnel of the

11  system.

12         4.  To construction, remodeling, repair, or improvement

13  by a utility commission whose major contracts are to construct

14  and operate a public electric utility system.

15         5.  When the project is undertaken as repair or

16  maintenance of an existing public facility.

17         6.  When the project is undertaken exclusively as part

18  of a public educational program.

19         7.  When the funding source of the project will be

20  diminished or lost because the time required to competitively

21  award the project after the funds become available exceeds the

22  time within which the funding source must be spent.

23         8.  When the local government has competitively awarded

24  a project to a private sector contractor and the contractor

25  has abandoned the project before completion or the local

26  government has terminated the contract.

27         9.  When the governing board of the local government,

28  after public notice, conducts a public meeting under s.

29  286.011 and finds by a majority vote of the governing board

30  that it is in the public's best interest to perform the

31  project using its own services, employees, and equipment. The


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                                        CS/HB 757, First Engrossed



  1  public notice must be published at least 14 days prior to the

  2  date of the public meeting at which the governing board takes

  3  final action to apply this subparagraph. The notice must

  4  identify the project, the estimated cost of the project, and

  5  specify that the purpose for the public meeting is to consider

  6  whether it is in the public's best interest to perform the

  7  project using the local government's own services, employees,

  8  and equipment. In deciding whether it is in the public's best

  9  interest for local government to perform a project using its

10  own services, employees, and equipment, the governing board

11  may consider the cost of the project, whether the project

12  requires an increase in the number of government employees, an

13  increase in capital expenditures for public facilities,

14  equipment or other capital assets, the impact on local

15  economic development, the impact on small and minority

16  business owners, the impact on state and local tax revenues,

17  whether the private sector contractors provide health

18  insurance and other benefits equivalent to those provided by

19  the local government, and any other factor relevant to what is

20  in the public's best interest.

21         10.  When the governing board of the local government

22  determines upon consideration of specific substantive criteria

23  and administrative procedures that it is in the best interest

24  of the local government to award the project to an

25  appropriately licensed private sector contractor according to

26  procedures established by and expressly set forth in a

27  charter, ordinance, or resolution of the local government

28  adopted prior to July 1, 1994. The criteria and procedures

29  must be set out in the charter, ordinance, or resolution and

30  must be applied uniformly by the local government to avoid

31


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                                        CS/HB 757, First Engrossed



  1  award of any project in an arbitrary or capricious manner.

  2  This exception shall apply when all of the following occur:

  3         a.  When the governing board of the local government,

  4  after public notice, conducts a public meeting under s.

  5  286.011 and finds by a two-thirds vote of the governing board

  6  that it is in the public's best interest to award the project

  7  according to the criteria and procedures established by

  8  charter, ordinance, or resolution. The public notice must be

  9  published at least 14 days prior to the date of the public

10  meeting at which the governing board takes final action to

11  apply this subparagraph. The notice must identify the project,

12  the estimated cost of the project, and specify that the

13  purpose for the public meeting is to consider whether it is in

14  the public's best interest to award the project using the

15  criteria and procedures permitted by the preexisting

16  ordinance.

17         b.  In the event the project is to be awarded by any

18  method other than a competitive selection process, the

19  governing board must find evidence that:

20         (I)  There is one appropriately licensed contractor who

21  is uniquely qualified to undertake the project because that

22  contractor is currently under contract to perform work that is

23  affiliated with the project; or

24         (II)  The time to competitively award the project will

25  jeopardize the funding for the project, or will materially

26  increase the cost of the project or will create an undue

27  hardship on the public health, safety, or welfare.

28         c.  In the event the project is to be awarded by any

29  method other than a competitive selection process, the

30  published notice must clearly specify the ordinance or

31


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                                        CS/HB 757, First Engrossed



  1  resolution by which the private sector contractor will be

  2  selected and the criteria to be considered.

  3         d.  In the event the project is to be awarded by a

  4  method other than a competitive selection process, the

  5  architect or engineer of record has provided a written

  6  recommendation that the project be awarded to the private

  7  sector contractor without competitive selection; and the

  8  consideration by, and the justification of, the government

  9  body are documented, in writing, in the project file and are

10  presented to the governing board prior to the approval

11  required in this paragraph.

12         11.  To projects subject to chapter 336.

13         Section 10.  Paragraph (g) of subsection (2) of section

14  287.055, Florida Statutes, is amended to read:

15         287.055  Acquisition of professional architectural,

16  engineering, landscape architectural, or surveying and mapping

17  services; definitions; procedures; contingent fees prohibited;

18  penalties.--

19         (2)  DEFINITIONS.--For purposes of this section:

20         (g)  A "continuing contract" is a contract for

21  professional services entered into in accordance with all the

22  procedures of this act between an agency and a firm whereby

23  the firm provides professional services to the agency for

24  projects in which construction costs do not exceed $1 million

25  $500,000, for study activity when the fee for such

26  professional service does not exceed $50,000 $25,000, or for

27  work of a specified nature as outlined in the contract

28  required by the agency, with no time limitation except that

29  the contract must provide a termination clause.

30         Section 11.  Subsection (12) of section 311.09, Florida

31  Statutes, is amended to read:


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                                        CS/HB 757, First Engrossed



  1         311.09  Florida Seaport Transportation and Economic

  2  Development Council.--

  3         (12)  Members of the council shall serve without

  4  compensation but are entitled to receive reimbursement for per

  5  diem and travel expenses as provided in s. 112.061.  The

  6  council may elect to provide an administrative staff to

  7  provide services to the council on matters relating to the

  8  Florida Seaport Transportation and Economic Development

  9  Program and the council.  The cost for such administrative

10  services shall be paid by all ports that receive funding from

11  the Florida Seaport Transportation and Economic Development

12  Program, based upon a pro rata formula measured by each

13  recipient's share of the funds as compared to the total funds

14  disbursed to all recipients during the year. The share of

15  costs for administrative services shall be paid in its total

16  amount by the recipient port upon execution by the port and

17  the Department of Transportation of a joint participation

18  agreement for each council-approved project, and such payment

19  is in addition to the matching funds required to be paid by

20  the recipient port. Except as otherwise exempted by law, all

21  moneys derived from the Florida Seaport Transportation and

22  Economic Development Program shall be expended in accordance

23  with the provisions of s. 287.057. Seaports subject to

24  competitive negotiation requirements of a local governing body

25  shall abide by the provisions of s. 287.055 be exempt from

26  this requirement.

27         Section 12.  Subsections (4) and (6) of section 315.02,

28  Florida Statutes, are amended to read:

29         315.02  Definitions.--As used in this law, the

30  following words and terms shall have the following meanings:

31


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                                        CS/HB 757, First Engrossed



  1         (4)  The word "unit" shall mean any county, port

  2  district, port authority, or municipality or any governmental

  3  unit created pursuant to s. 163.01(7)(d) that includes at

  4  least one deepwater port as listed in s. 403.021(9)(b).

  5         (6)  The term "port facilities" shall mean and shall

  6  include harbor, shipping, and port facilities, and

  7  improvements of every kind, nature, and description,

  8  including, but without limitation, channels, turning basins,

  9  jetties, breakwaters, public landings, wharves, docks,

10  markets, parks, recreational facilities, structures,

11  buildings, piers, storage facilities, including facilities

12  that may be used for warehouse, storage, and distribution of

13  cargo transported or to be transported through an airport or

14  port facility, security measures identified pursuant to s.

15  311.12, public buildings and plazas, anchorages, utilities,

16  bridges, tunnels, roads, causeways, and any and all property

17  and facilities necessary or useful in connection with the

18  foregoing, and any one or more or any combination thereof and

19  any extension, addition, betterment, or improvement of any

20  thereof.

21         Section 13.  Subsection (11) of section 315.03, Florida

22  Statutes, is amended, subsections (12) through (21) of said

23  section are renumbered as subsections (13) through (22),

24  respectively, and a new subsection (12) is added to said

25  section, to read:

26         315.03  Grant of powers.--Each unit is hereby

27  authorized and empowered:

28         (11)  To accept loans or grants of money or materials

29  or property at any time from the United States or the State of

30  Florida or any agency, instrumentality, or subdivision

31  thereof, or to participate in loan guarantees or lines of


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                                        CS/HB 757, First Engrossed



  1  credit provided by the United States, upon such terms and

  2  conditions as the United States, the State of Florida, or such

  3  agency, instrumentality, or subdivision may impose. Any entity

  4  created pursuant to s. 163.01(7)(d) that involves at least one

  5  deepwater port may participate in the provisions of this

  6  subsection, with oversight by the Florida Seaport

  7  Transportation and Economic Development Council.

  8         (12)(a)  To pay interest or other financing-related

  9  costs on federal loan guarantees, lines of credit, or secured

10  direct loans issued to finance eligible projects.  Any entity

11  created pursuant to s. 163.01(7)(d) that involves at least one

12  deepwater port may participate in the provisions of this

13  subsection, with oversight by the Florida Seaport

14  Transportation and Economic Development Council, and may

15  establish a loan program that would provide for the reuse of

16  loan proceeds for similar program purposes.

17         (b)  The Florida Seaport Transportation and Economic

18  Development Council shall prepare an annual report detailing

19  the amounts loaned, the projects financed by the loans, any

20  interest earned, and loans outstanding. The report shall be

21  submitted to the Governor, the President of the Senate, and

22  the Speaker of the House of Representatives by January 1 of

23  each year, beginning in 2004.

24         (c)  The Legislature shall review the loan program

25  established pursuant to this subsection during the 2004

26  Regular Session of the Legislature.

27         Section 14.  Subsection (21) of section 316.003,

28  Florida Statutes, is amended, and subsections (82) and (83)

29  are added to said section, to read:

30         316.003  Definitions.--The following words and phrases,

31  when used in this chapter, shall have the meanings


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                                        CS/HB 757, First Engrossed



  1  respectively ascribed to them in this section, except where

  2  the context otherwise requires:

  3         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not

  4  operated upon rails or guideway, but not including any

  5  bicycle, motorized scooter, electric personal assistive

  6  mobility device, or moped.

  7         (82)  MOTORIZED SCOOTER.--Any vehicle not having a seat

  8  or saddle for the use of the rider, designed to travel on not

  9  more than three wheels, and not capable of propelling the

10  vehicle at a speed greater than 30 miles per hour on level

11  ground.

12         (83)  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.--Any

13  self-balancing, two-nontandem-wheeled device, designed to

14  transport only one person, with an electric propulsion system

15  with average power of 750 watts (1 horsepower), the maximum

16  speed of which, on a paved level surface when powered solely

17  by such a propulsion system while being ridden by an operator

18  who weighs 170 pounds, is less than 20 miles per hour.

19  Electric personal assistive mobility devices are not vehicles

20  as defined in this section.

21         Section 15.  Section 316.2068, Florida Statutes, is

22  created to read:

23         316.2068  Electric personal assistive mobility devices;

24  regulations.--

25         (1)  An electric personal assistive mobility device, as

26  defined in s. 316.003, may be operated:

27         (a)  On a road or street where the posted speed limit

28  is 25 miles per hour or less.

29         (b)  On a marked bicycle path.

30         (c)  On any street or road where bicycles are

31  permitted.


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                                        CS/HB 757, First Engrossed



  1         (d)  At an intersection, to cross a road or street even

  2  if the road or street has a posted speed limit of more than 25

  3  miles per hour.

  4         (e)  On a sidewalk, if the person operating the device

  5  yields the right-of-way to pedestrians and gives an audible

  6  signal before overtaking and passing a pedestrian.

  7         (2)  A valid driver's license is not a prerequisite to

  8  operating an electric personal assistive mobility device.

  9         (3)  Electric personal assistive mobility devices need

10  not be registered and insured in accordance with s. 320.02.

11         (4)  A person who is under the age of 16 years may not

12  operate, ride, or otherwise be propelled on an electric

13  personal assistive mobility device unless the person wears a

14  bicycle helmet that is properly fitted, that is fastened

15  securely upon his or her head by a strap, and that meets the

16  standards of the American National Standards Institute (ANSI Z

17  Bicycle Helmet Standards), the standards of the Snell Memorial

18  Foundation (1984 Standard for Protective Headgear for Use in

19  Bicycling), or any other nationally recognized standards for

20  bicycle helmets which are adopted by the department.

21         (5)  A county or municipality may prohibit the

22  operation of electric personal assistive mobility devices on

23  any road, street, or bicycle path under its jurisdiction if

24  the governing body of the county or municipality determines

25  that such a prohibition is necessary in the interest of

26  safety.

27         (6)  The Department of Transportation may prohibit the

28  operation of electric personal assistive mobility devices on

29  any road under its jurisdiction if it determines that such a

30  prohibition is necessary in the interest of safety.

31


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                                        CS/HB 757, First Engrossed



  1         Section 16.  Subsection (5) of section 316.515, Florida

  2  Statutes, is amended to read:

  3         316.515  Maximum width, height, length.--

  4         (5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,

  5  SAFETY REQUIREMENTS.--Notwithstanding any other provisions of

  6  law, straight trucks and cotton module movers, not exceeding

  7  50 feet in length, or any combination of up to and including

  8  three implements of husbandry including the towing power unit,

  9  and any single agricultural trailer, with a load thereon not

10  exceeding 130 inches in width, is authorized for the purpose

11  of transporting peanuts, grains, soybeans, cotton, hay, straw,

12  or other perishable farm products from their point of

13  production to the first point of change of custody or of

14  long-term storage, and for the purpose of returning to such

15  point of production, by a person engaged in the production of

16  any such product or custom hauler, if such vehicle or

17  combination of vehicles otherwise complies with this section.

18  Such vehicles shall be operated in accordance with all safety

19  requirements prescribed by law and Department of

20  Transportation rules. The Department of Transportation may

21  issue overlength permits for cotton module movers greater than

22  50 feet but not more than 55 feet in overall length.

23         Section 17.  Subsection (4) is added to section

24  316.520, Florida Statutes, to read:

25         316.520  Loads on vehicles.--

26         (4)  The provision of subsection (2) requiring covering

27  and securing the load with a close-fitting tarpaulin or other

28  appropriate cover does not apply to vehicles carrying

29  agricultural products locally from a harvest site or to or

30  from a farm on roads where the posted speed limit is 65 miles

31


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                                        CS/HB 757, First Engrossed



  1  per hour or less and the distance driven on public roads is

  2  less than 20 miles.

  3         Section 18.  Section 316.80, Florida Statutes, is

  4  created to read:

  5         316.80  Unlawful conveyance of fuel; obtaining fuel

  6  fraudulently.--

  7         (1)  It is unlawful for any person to maintain, or

  8  possess any conveyance or vehicle that is equipped with, fuel

  9  tanks, bladders, drums, or other containers that do not

10  conform to 49 C.F.R. or have not been approved by the United

11  States Department of Transportation for the purpose of

12  hauling, transporting, or conveying motor or diesel fuel over

13  any public highway. Any person who violates any provision of

14  this subsection commits a felony of the third degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084, and, in addition, is subject to the revocation of

17  driver license privileges as provided in s. 322.26.

18         (2)  Any person who violates subsection (1) commits a

19  felony of the second degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084, if he or she has attempted

21  to or has fraudulently obtained motor or diesel fuel by:

22         (a)  Presenting a credit card or a credit card account

23  number in violation of ss. 817.57-817.685;

24         (b)  Using unauthorized access to any computer network

25  in violation of s. 815.06; or

26         (c)  Using a fraudulently scanned or lost or stolen

27  payment access device, whether credit card or contactless

28  device.

29         (3)  All conveyances or vehicles, fuel tanks, related

30  fuel, and other equipment described in subsection (1) shall be

31


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                                        CS/HB 757, First Engrossed



  1  subject to seizure and forfeiture as provided by the Florida

  2  Contraband Forfeiture Act.

  3         (4)  The law enforcement agency that seizes the motor

  4  or diesel fuel under this section shall remove and reclaim,

  5  recycle, or dispose of all associated motor or diesel fuel as

  6  soon as practicable in a safe and proper manner from the

  7  illegal containers.

  8         (5)  Upon conviction of the person arrested for the

  9  violation of any of the provisions of this section, the judge

10  shall issue an order adjudging and declaring that all fuel

11  tanks and other equipment used in violation of this section

12  shall be forfeited and directing their destruction, with the

13  exception of the conveyance or vehicle.

14         (6)  Any person convicted of a violation of this

15  section shall be responsible for:

16         (a)  All reasonable costs incurred by the investigating

17  law enforcement agency, including costs for the towing and

18  storage of the conveyance or vehicle, the removal and disposal

19  of the motor or diesel fuel, and the storage and destruction

20  of all fuel tanks and other equipment described and used in

21  violation of subsection (1); and

22         (b)  Payment for the fuel to the party from whom any

23  associated motor or diesel fuel was fraudulently obtained.

24         Section 19.  Paragraphs (hh) and (ii) are added to

25  subsection (4) of section 320.08056, Florida Statutes, as

26  amended by section 1 of chapter 2001-355, Laws of Florida, to

27  read:

28         320.08056  Specialty license plates.--

29         (4)  The following license plate annual use fees shall

30  be collected for the appropriate specialty license plates:

31         (hh)  Florida Firefighters license plate, $20.


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                                        CS/HB 757, First Engrossed



  1         (ii)  Police Benevolent Association license plate, $20.

  2         Section 20.  Subsections (34) and (35) are added to

  3  section 320.08058, Florida Statutes, as amended by section 2

  4  of chapter 2001-355, Laws of Florida, to read:

  5         320.08058  Specialty license plates.--

  6         (34)  FLORIDA FIREFIGHTERS LICENSE PLATE.--

  7         (a)  Notwithstanding the provisions of s. 320.08053,

  8  the department shall develop a Florida Firefighters license

  9  plate as provided in this section. Florida Firefighters

10  license plates must bear the colors and design approved by the

11  department. The word "Florida" must appear at the top of the

12  plate, and the words "Salutes Firefighters" must appear at the

13  bottom of the plate.

14         (b)  The requirements of s. 320.08053 must be met prior

15  to the issuance of the plate. Thereafter, the proceeds of the

16  annual use fee shall be distributed to Florida Firefighters

17  Charities, a 501(c)(3) nonprofit corporation. Florida

18  Firefighters Charities shall distribute the moneys according

19  to its articles of incorporation.

20         (35)  POLICE BENEVOLENT ASSOCIATION LICENSE PLATE.--

21         (a)  Notwithstanding the provisions of s. 320.08053,

22  the department shall develop a Police Benevolent Association

23  license plate as provided in this section. The word "Florida"

24  must appear at the top of the plate, the words "Support Law

25  Enforcement" must appear at the bottom of the plate, and a

26  shield with the Police Benevolent Association logo must appear

27  to the left of the numerals.

28         (b)  The requirements of s. 320.08053 must be met prior

29  to the issuance of the plate. Thereafter, the proceeds of the

30  annual use fee shall be distributed to the Florida Police

31  Benevolent Association Heart Fund, Incorporated, a 501(c)(3)


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                                        CS/HB 757, First Engrossed



  1  nonprofit corporation. The Florida Police Benevolent

  2  Association Heart Fund, Incorporated, shall distribute moneys

  3  according to its articles of incorporation.

  4         Section 21.  Subsection (4) of section 332.004, Florida

  5  Statutes, is amended to read:

  6         332.004  Definitions of terms used in ss.

  7  332.003-332.007.--As used in ss. 332.003-332.007, the term:

  8         (4)  "Airport or aviation development project" or

  9  "development project" means any activity associated with the

10  design, construction, purchase, improvement, or repair of a

11  public-use airport or portion thereof, including, but not

12  limited to: the purchase of equipment; the acquisition of

13  land, including land required as a condition of a federal,

14  state, or local permit or agreement for environmental

15  mitigation; off-airport noise mitigation projects; the

16  removal, lowering, relocation, marking, and lighting of

17  airport hazards; the installation of navigation aids used by

18  aircraft in landing at or taking off from a public airport;

19  the installation of safety equipment required by rule or

20  regulation for certification of the airport under s. 612 of

21  the Federal Aviation Act of 1958, and amendments thereto; and

22  the improvement of access to the airport by road or rail

23  system which is on airport property and which is consistent,

24  to the maximum extent feasible, with the approved local

25  government comprehensive plan of the units of local government

26  in which the airport is located.

27         Section 22.  Subsection (8) of section 332.007, Florida

28  Statutes, as created by chapter 2001-349, Laws of Florida, is

29  amended, and subsection (9) is added to said section, to read:

30         332.007  Administration and financing of aviation and

31  airport programs and projects; state plan.--


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                                        CS/HB 757, First Engrossed



  1         (8)  Notwithstanding any other provision of law to the

  2  contrary, the department is authorized to provide operational

  3  and maintenance assistance to publicly owned public-use

  4  airports. Such assistance shall be to comply with enhanced

  5  federal security requirements or to address related economic

  6  impacts from the events of September 11, 2001. For projects in

  7  the current adopted work program, or projects added using the

  8  available budget of the department, airports may request the

  9  department change the project purpose in accordance with this

10  provision notwithstanding the provisions of s. 339.135(7). For

11  purposes of this subsection, the department may fund up to 100

12  percent of eligible project costs that are not funded by the

13  Federal Government. Prior to releasing any funds under this

14  section, the department shall review and approve the

15  expenditure plans submitted by the airport. The department

16  shall inform the Legislature of any change that it approves

17  under this subsection. This subsection shall expire on June

18  30, 2004 2003.

19           (9)  Notwithstanding any other law to the contrary,

20  any airport with direct intercontinental passenger service

21  that is located in a county with a population under 400,000 as

22  of July 1, 2002, and that has a loan from the Department of

23  Transportation due in August of 2002 shall have such loan

24  extended until September 18, 2008.

25         Section 23.  Subsection (4) is added to section 333.06,

26  Florida Statutes, to read:

27         333.06  Airport zoning requirements.--

28         (4)  ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO

29  AFFECTED LOCAL GOVERNMENTS.--An airport master plan shall be

30  prepared by each publicly owned and operated airport licensed

31  by the Department of Transportation under chapter 330. The


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                                        CS/HB 757, First Engrossed



  1  authorized entity having responsibility for governing the

  2  operation of the airport, when either requesting from or

  3  submitting to a state or federal governmental agency with

  4  funding or approval jurisdiction a "finding of no significant

  5  impact," an environmental assessment, a site-selection study,

  6  an airport master plan, or any amendment to an airport master

  7  plan, shall submit simultaneously a copy of said request,

  8  submittal, assessment, study, plan, or amendments by certified

  9  mail to all affected local governments. For the purposes of

10  this subsection, "affected local government" is defined as any

11  city or county having jurisdiction over the airport and any

12  city or county located within 2 miles of the boundaries of the

13  land subject to the airport master plan.

14         Section 24.  Subsection (5) and paragraph (b) of

15  subsection (15) of section 334.044, Florida Statutes, are

16  amended to read:

17         334.044  Department; powers and duties.--The department

18  shall have the following general powers and duties:

19         (5)  To purchase, lease, or otherwise acquire property

20  and materials, including the purchase of promotional items as

21  part of public information and education campaigns for the

22  promotion of scenic highways, traffic and train safety

23  awareness, alternatives to single-occupant vehicle travel, and

24  commercial motor vehicle safety; to purchase, lease, or

25  otherwise acquire equipment and supplies; and to sell,

26  exchange, or otherwise dispose of any property that is no

27  longer needed by the department.

28         (15)  To regulate and prescribe conditions for the

29  transfer of stormwater to the state right-of-way as a result

30  of manmade changes to adjacent properties.

31


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                                        CS/HB 757, First Engrossed



  1         (b)  The department is specifically authorized to adopt

  2  rules which set forth the purpose; necessary definitions;

  3  permit exceptions; permit and assurance requirements; permit

  4  application procedures; permit forms; general conditions for a

  5  drainage permit; provisions for suspension or revocation of a

  6  permit; and provisions for department recovery of fines,

  7  penalties, and costs incurred due to permittee actions. In

  8  order to avoid duplication and overlap with other units of

  9  government, the department shall accept a surface water

10  management permit issued by a water management district, the

11  Department of Environmental Protection, or a surface water

12  management permit issued by a delegated local government, or a

13  permit issued pursuant to an approved Stormwater Management

14  Plan or Master Drainage Plan,; provided issuance is based on

15  requirements equal to or more stringent than those of the

16  department. The department may enter into a permit delegation

17  agreement with a governmental entity provided issuance is

18  based on requirements that the department determines will

19  ensure the safety and integrity of Department of

20  Transportation facilities.

21         Section 25.  Section 334.175, Florida Statutes, is

22  amended to read:

23         334.175  Certification of project design plans and

24  surveys.--All design plans and surveys prepared by or for the

25  department shall be signed, sealed, and certified by the

26  professional engineer or surveyor or architect or landscape

27  architect in responsible charge of the project work.  Such

28  professional engineer, surveyor, or architect, or landscape

29  architect must be duly registered in this state.

30         Section 26.  Section 335.066, Florida Statutes, is

31  created to read:


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                                        CS/HB 757, First Engrossed



  1         335.066  Safe Paths to Schools Program.--

  2         (1)  There is hereby established within the Department

  3  of Transportation the Safe Paths to Schools Program to

  4  consider the planning and construction of bicycle and

  5  pedestrian ways to provide safe transportation for children

  6  from neighborhoods to schools, parks, and the state's

  7  greenways and trails system.

  8         (2)  As a part of the Safe Paths to Schools Program,

  9  the department may establish a grant program to fund local,

10  regional, and state bicycle and pedestrian projects that

11  support the program.

12         (3)  The department may adopt appropriate rules for the

13  administration of the Safe Paths to Schools Program.

14         Section 27.  Subsection (4) is added to section 336.41,

15  Florida Statutes, to read:

16         336.41  Counties; employing labor and providing road

17  equipment; accounting; when competitive bidding required.--

18         (4)(a)  For contracts in excess of $250,000, any county

19  may require that persons interested in performing work under

20  the contract first be certified or qualified to do the work.

21  Any contractor prequalified and considered eligible to bid by

22  the department to perform the type of work described under the

23  contract shall be presumed to be qualified to perform the work

24  so described. Any contractor may be considered ineligible to

25  bid by the county if the contractor is behind an approved

26  progress schedule by 10 percent or more on another project for

27  that county at the time of the advertisement of the work. The

28  county may provide an appeal process to overcome such

29  consideration with de novo review based on the record below to

30  the circuit court.

31


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                                        CS/HB 757, First Engrossed



  1         (b)  The county shall publish prequalification criteria

  2  and procedures prior to advertisement or notice of

  3  solicitation. Such publications shall include notice of a

  4  public hearing for comment on such criteria and procedures

  5  prior to adoption. The procedures shall provide for an appeal

  6  process within the county for objections to the

  7  prequalification process with de novo review based on the

  8  record below to the circuit court.

  9         (c)  The county shall also publish for comment, prior

10  to adoption, the selection criteria and procedures to be used

11  by the county if such procedures would allow selection of

12  other than the lowest responsible bidder. The selection

13  criteria shall include an appeal process within the county

14  with de novo review based on the record below to the circuit

15  court.

16         Section 28.  Subsection (2) of section 336.44, Florida

17  Statutes, is amended to read:

18         336.44  Counties; contracts for construction of roads;

19  procedure; contractor's bond.--

20         (2)  Such contracts shall be let to the lowest

21  responsible competent bidder, after publication of notice for

22  bids containing specifications furnished by the commissioners

23  in a newspaper published in the county where such contract is

24  made, at least once each week for 2 consecutive weeks prior to

25  the making of such contract.

26         Section 29.  Effective July 1, 2003, paragraph (a) of

27  subsection (7) of section 337.11, Florida Statutes, as amended

28  by section 4 of chapter 2001-350, Laws of Florida, is amended

29  to read:

30         337.11  Contracting authority of department; bids;

31  emergency repairs, supplemental agreements, and change orders;


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                                        CS/HB 757, First Engrossed



  1  combined design and construction contracts; progress payments;

  2  records, requirements of vehicle registration.--

  3         (7)(a)  If the head of the department determines that

  4  it is in the best interests of the public, the department may

  5  combine the right-of-way services and design and construction

  6  phases of a building, a major bridge, a limited access

  7  facility, or a rail corridor project into a single

  8  contract.  Such contract is referred to as a design-build

  9  contract. Design-build contracts may be advertised and awarded

10  notwithstanding the requirements of paragraph (3)(c). However,

11  construction activities may not begin on any portion of such

12  projects until title to the necessary rights-of-way and

13  easements for the construction of that portion of the project

14  has vested in the state or a local governmental entity and all

15  railroad crossing and utility agreements have been executed.

16  Title to rights-of-way vests in the state when the title has

17  been dedicated to the public or acquired by prescription.

18         Section 30.  Effective July 1, 2005, paragraph (a) of

19  subsection (7) of section 337.11, Florida Statutes, as amended

20  by this act, is amended to read:

21         337.11  Contracting authority of department; bids;

22  emergency repairs, supplemental agreements, and change orders;

23  combined design and construction contracts; progress payments;

24  records, requirements of vehicle registration.--

25         (7)(a)  If the head of the department determines that

26  it is in the best interests of the public, the department may

27  combine the right-of-way services and design and construction

28  phases of a building, a major bridge, a limited access

29  facility, or a rail corridor project into a single contract.

30  Such contract is referred to as a design-build contract.

31  Design-build contracts may be advertised and awarded


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                                        CS/HB 757, First Engrossed



  1  notwithstanding the requirements of paragraph (3)(c). However,

  2  construction activities may not begin on any portion of such

  3  projects until title to the necessary rights-of-way and

  4  easements for the construction of that portion of the project

  5  has vested in the state or a local governmental entity and all

  6  railroad crossing and utility agreements have been executed.

  7  Title to rights-of-way vests in the state when the title has

  8  been dedicated to the public or acquired by prescription.

  9         Section 31.  Subsection (4) of section 337.14, Florida

10  Statutes, is amended, and subsection (9) is added to said

11  section, to read:

12         337.14  Application for qualification; certificate of

13  qualification; restrictions; request for hearing.--

14         (4)  If the applicant is found to possess the

15  prescribed qualifications, the department shall issue to him

16  or her a certificate of qualification that which, unless

17  thereafter revoked by the department for good cause, will be

18  valid for a period of 18 16 months after from the date of the

19  applicant's financial statement or such shorter period as the

20  department prescribes may prescribe. If In the event the

21  department finds that an application is incomplete or contains

22  inadequate information or information that which cannot be

23  verified, the department may request in writing that the

24  applicant provide the necessary information to complete the

25  application or provide the source from which any information

26  in the application may be verified. If the applicant fails to

27  comply with the initial written request within a reasonable

28  period of time as specified therein, the department shall

29  request the information a second time. If the applicant fails

30  to comply with the second request within a reasonable period

31  of time as specified therein, the application shall be denied.


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                                        CS/HB 757, First Engrossed



  1         (9)(a)  Notwithstanding any other law to the contrary,

  2  for contracts in excess of $250,000, an authority created

  3  pursuant to chapter 348 or chapter 349 may require that

  4  persons interested in performing work under contract first be

  5  certified or qualified to do the work.  Any contractor may be

  6  considered ineligible to bid by the governmental entity or

  7  authority if the contractor is behind an approved progress

  8  schedule for the governmental entity or authority by 10

  9  percent or more at the time of advertisement of the work. Any

10  contractor prequalified and considered eligible by the

11  department to bid to perform the type of work described under

12  the contract shall be presumed to be qualified to perform the

13  work so described.  The governmental entity or authority may

14  provide an appeal process to overcome that presumption with de

15  novo review based on the record below to the circuit court.

16         (b)  With respect to contractors not prequalified with

17  the department, the authority shall publish prequalification

18  criteria and procedures prior to advertisement or notice of

19  solicitation.  Such publications shall include notice of a

20  public hearing for comment on such criteria and procedures

21  prior to adoption.  The procedures shall provide for an appeal

22  process within the authority for objections to the

23  prequalification process with de novo review based on the

24  record below to the circuit court within 30 days.

25         (c)  An authority may establish criteria and procedures

26  under which contractor selection may occur on a basis other

27  than the lowest responsible bidder.  Prior to adoption, the

28  authority shall publish for comment the proposed criteria and

29  procedures.  Review of the adopted criteria and procedures

30  shall be to the circuit court, within 30 days after adoption,

31  with de novo review based on the record below.


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                                        CS/HB 757, First Engrossed



  1         Section 32.  Subsection (2) of section 337.401, Florida

  2  Statutes, is amended to read:

  3         337.401  Use of right-of-way for utilities subject to

  4  regulation; permit; fees.--

  5         (2)  The authority may grant to any person who is a

  6  resident of this state, or to any corporation which is

  7  organized under the laws of this state or licensed to do

  8  business within this state, the use of a right-of-way for the

  9  utility in accordance with such rules or regulations as the

10  authority may adopt. No utility shall be installed, located,

11  or relocated unless authorized by a written permit issued by

12  the authority. However, for public roads or publicly owned

13  rail corridors under the jurisdiction of the department, a

14  utility relocation schedule and relocation agreement may be

15  executed in lieu of a written permit. The permit shall require

16  the permitholder to be responsible for any damage resulting

17  from the issuance of such permit. The authority may initiate

18  injunctive proceedings as provided in s. 120.69 to enforce

19  provisions of this subsection or any rule or order issued or

20  entered into pursuant thereto.

21         Section 33.  Subsection (3) of section 337.408, Florida

22  Statutes, is amended, subsection (5) is renumbered as

23  subsection (6), and a new subsection (5) is added to said

24  section to read:

25         337.408  Regulation of benches, transit shelters,

26  street light poles, and waste disposal receptacles within

27  rights-of-way.--

28         (3)  The department has the authority to direct the

29  immediate relocation or removal of any bench, transit shelter,

30  or waste disposal receptacle which endangers life or property,

31  except that transit bus benches which have been placed in


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                                        CS/HB 757, First Engrossed



  1  service prior to April 1, 1992, do not have to comply with

  2  bench size and advertising display size requirements which

  3  have been established by the department prior to March 1,

  4  1992.  Any transit bus bench that was in service prior to

  5  April 1, 1992, may be replaced with a bus bench of the same

  6  size or smaller, if the bench is damaged or destroyed or

  7  otherwise becomes unusable. The Department is authorized to

  8  promulgate rules relating to the regulation of bench size and

  9  advertising display size requirements. However, if a

10  municipality or county within which a bench is to be located

11  has adopted an ordinance or other applicable regulation that

12  establishes bench size or advertising display sign

13  requirements different from requirements specified in

14  department rule, then the local government requirement shall

15  be applicable within the respective municipality or county.

16  Placement of any bench or advertising display on the National

17  Highway System under a local ordinance or regulation adopted

18  pursuant to this subsection shall be subject to approval of

19  the Federal Highway Administration.

20         (5)  Street light poles, including attached public

21  service messages and advertisements, may be located within the

22  right-of-way limits of municipal and county roads in the same

23  manner as benches, transit shelters, and waste disposal

24  receptacles as provided in this section and in accordance with

25  municipal and county ordinances. Public service messages and

26  advertisements may be installed on street light poles on roads

27  on the State Highway System in accordance with height, size,

28  setback, spacing distance, duration of display, safety,

29  traffic control, and permitting requirements established by

30  administrative rule of the Department of Transportation.

31  Public service messages and advertisements shall be subject to


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                                        CS/HB 757, First Engrossed



  1  bilateral agreements, where applicable, to be negotiated with

  2  the owner of the street light poles, which shall consider,

  3  among other things, power source rates, design, safety,

  4  operational and maintenance concerns, and other matters of

  5  public importance.  For the purposes of this section, the term

  6  "street light poles" does not include electric transmission or

  7  distribution poles. The department shall have authority to

  8  establish administrative rules to implement this subsection.

  9  No advertising on light poles shall be permitted on the

10  Interstate Highway System. No permanent structures carrying

11  advertisements attached to light poles shall be permitted on

12  the National Highway System.

13         Section 34.  Subsections (1) and (2) of section 339.08,

14  Florida Statutes, are amended to read:

15         339.08  Use of moneys in State Transportation Trust

16  Fund.--

17         (1)  The department shall expend by rule provide for

18  the expenditure of the moneys in the State Transportation

19  Trust Fund accruing to the department, in accordance with its

20  annual budget.

21         (2)  These rules must restrict The use of such moneys

22  is restricted to the following purposes:

23         (a)  To pay administrative expenses of the department,

24  including administrative expenses incurred by the several

25  state transportation districts, but excluding administrative

26  expenses of commuter rail authorities that do not operate rail

27  service.

28         (b)  To pay the cost of construction of the State

29  Highway System.

30         (c)  To pay the cost of maintaining the State Highway

31  System.


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                                        CS/HB 757, First Engrossed



  1         (d)  To pay the cost of public transportation projects

  2  in accordance with chapter 341 and ss. 332.003-332.007.

  3         (e)  To reimburse counties or municipalities for

  4  expenditures made on projects in the State Highway System as

  5  authorized by s. 339.12(4) upon legislative approval.

  6         (f)  To pay the cost of economic development

  7  transportation projects in accordance with s. 288.063.

  8         (g)  To lend or pay a portion of the operating,

  9  maintenance, and capital costs of a revenue-producing

10  transportation project that is located on the State Highway

11  System or that is demonstrated to relieve traffic congestion

12  on the State Highway System.

13         (h)  To match any federal-aid funds allocated for any

14  other transportation purpose, including funds allocated to

15  projects not located in the State Highway System.

16         (i)  To pay the cost of county road projects selected

17  in accordance with the Small County Road Assistance Program

18  created in s. 339.2816.

19         (j)  To pay the cost of county or municipal road

20  projects selected in accordance with the County Incentive

21  Grant Program created in s. 339.2817 and the Small County

22  Outreach Program created in s. 339.2818.

23         (k)  To provide loans and credit enhancements for use

24  in constructing and improving highway transportation

25  facilities selected in accordance with the state-funded

26  infrastructure bank created in s. 339.55.

27         (l)  To fund the Transportation Outreach Program

28  created in s. 339.137.

29         (m)  To pay other lawful expenditures of the

30  department.

31


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                                        CS/HB 757, First Engrossed



  1         Section 35.  Subsection (5) of section 339.12, Florida

  2  Statutes, is amended, and subsection (10) is added to said

  3  section, to read:

  4         339.12  Aid and contributions by governmental entities

  5  for department projects; federal aid.--

  6         (5)  The department and the governing body of a

  7  governmental entity may enter into an agreement by which the

  8  governmental entity agrees to perform a highway project or

  9  project phase in the department's adopted work program that is

10  not revenue producing or any public transportation project in

11  the adopted work program. By specific provision in the written

12  agreement between the department and the governing body of the

13  governmental entity, the department may agree to compensate

14  reimburse the governmental entity the actual cost of for the

15  project or project phase contained in the adopted work

16  program. Compensation Reimbursement to the governmental entity

17  for such project or project phases must be made from funds

18  appropriated by the Legislature, and compensation

19  reimbursement for the cost of the project or project phase is

20  to begin in the year the project or project phase is scheduled

21  in the work program as of the date of the agreement.

22         (10)  Any county with a population greater than 50,000

23  that levies the full 6 cents of local option fuel tax pursuant

24  to ss. 206.41(1)(e) or 206.87(1)(c) and that dedicates 35

25  percent or more of its discretionary sales surtax, pursuant to

26  s. 212.055, for improvements to the state transportation

27  system or to local projects directly upgrading the state

28  transportation system within the county's boundaries shall

29  receive preference for receipt of any transportation grant for

30  which the county applies. This subsection shall not apply to

31  loans or nonhighway grant programs.


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                                        CS/HB 757, First Engrossed



  1         Section 36.  Subsections (2) and (5) of section 339.55,

  2  Florida Statutes, are amended to read:

  3         339.55  State-funded infrastructure bank.--

  4         (2)  The bank may lend capital costs or provide credit

  5  enhancements for a transportation facility project that is on

  6  the State Highway System or that provides for increased

  7  mobility on the state's transportation system or provides

  8  intermodal connectivity with airports, seaports, rail

  9  facilities, and other transportation terminals, pursuant to s.

10  341.053, for the movement of people and goods. Loans from the

11  bank may be subordinated to senior project debt that has an

12  investment grade rating of "BBB" or higher.

13         (5)  The department may consider, but is not limited

14  to, the following criteria for evaluation of projects for

15  assistance from the bank:

16         (a)  The credit worthiness of the project.

17         (b)  A demonstration that the project will encourage,

18  enhance, or create economic benefits.

19         (c)  The likelihood that assistance would enable the

20  project to proceed at an earlier date than would otherwise be

21  possible.

22         (d)  The extent to which assistance would foster

23  innovative public-private partnerships and attract private

24  debt or equity investment.

25         (e)  The extent to which the project would use new

26  technologies, including intelligent transportation systems,

27  that would enhance the efficient operation of the project.

28         (f)  The extent to which the project would maintain or

29  protect the environment.

30

31


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                                        CS/HB 757, First Engrossed



  1         (g)  A demonstration that the project includes

  2  transportation benefits for improving intermodalism, cargo and

  3  freight movement, and safety.

  4         (h)  The amount of the proposed assistance as a

  5  percentage of the overall project costs with emphasis on local

  6  and private participation.

  7         (i)  The extent to which the project will provide for

  8  connectivity between the State Highway System and airports,

  9  seaports, rail facilities, and other transportation terminals

10  and intermodal options pursuant to s. 341.053 for the

11  increased accessibility and movement of people and goods.

12         Section 37.  Subsections (8) and (10) of section

13  341.031, Florida Statutes, are amended to read:

14         341.031  Definitions relating to Florida Public Transit

15  Act.--As used in ss. 341.011-341.061, the term:

16         (8)  "Public transit service development project" means

17  a project undertaken by a public agency to determine whether a

18  new or innovative technique or measure can be utilized to

19  improve or expand public transit services to its constituency.

20  The duration of the project shall be limited according to the

21  type of the project in conformance with the provisions of s.

22  341.051(5)(e)(f), but in no case shall exceed a period of 3

23  years.  Public transit service development projects

24  specifically include projects involving the utilization of new

25  technologies, services, routes, or vehicle frequencies; the

26  purchase of special transportation services; and other such

27  techniques for increasing service to the riding public as are

28  applicable to specific localities and transit user groups.

29         (10)  "Transit corridor project" means a project that

30  is undertaken by a public agency and designed to relieve

31  congestion and improve capacity within an identified


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                                        CS/HB 757, First Engrossed



  1  transportation corridor by increasing people-carrying capacity

  2  of the system through the use and facilitated movement of

  3  high-occupancy conveyances.  Each transit corridor project

  4  must meet the requirements established in s. 341.051(5)(d)(e)

  5  and, if applicable, the requirements of the department's major

  6  capital investment policy developed pursuant to s.

  7  341.051(5)(b).  Initial project duration shall not exceed a

  8  period of 2 years unless the project is reauthorized by the

  9  Legislature.  Such reauthorization shall be based upon a

10  determination that the project is meeting or exceeding the

11  criteria, developed pursuant to s. 341.051(5)(d)(e), by which

12  the success of the project is being judged and by inclusion of

13  the project in a departmental appropriation request.

14         Section 38.  Subsection (5) of section 341.051, Florida

15  Statutes, is amended to read:

16         341.051  Administration and financing of public transit

17  programs and projects.--

18         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

19         (a)  The department may fund up to 50 percent of the

20  nonfederal share of the costs, not to exceed the local share,

21  of any eligible public transit capital project or commuter

22  assistance project that is local in scope; except, however,

23  that departmental participation in the final design,

24  right-of-way acquisition, and construction phases of an

25  individual fixed-guideway project which is not approved for

26  federal funding shall not exceed an amount equal to 12.5

27  percent of the total cost of each phase.

28         (b)  The Department of Transportation shall develop a

29  major capital investment policy which shall include policy

30  criteria and guidelines for the expenditure or commitment of

31


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                                        CS/HB 757, First Engrossed



  1  state funds for public transit capital projects. The policy

  2  shall include the following:

  3         1.  Methods to be used to determine consistency of a

  4  transit project with the approved local government

  5  comprehensive plans of the units of local government in which

  6  the project is located.

  7         2.  Methods for evaluating the level of local

  8  commitment to a transit project, which is to be demonstrated

  9  through system planning and the development of a feasible plan

10  to fund operating cost through fares, value capture techniques

11  such as joint development and special districts, or other

12  local funding mechanisms.

13         3.  Methods for evaluating alternative transit systems

14  including an analysis of technology and alternative methods

15  for providing transit services in the corridor.

16         (b)(c)  The department is authorized to fund up to 100

17  percent of the cost of any eligible transit capital project or

18  commuter assistance project that is statewide in scope or

19  involves more than one county where no other governmental

20  entity or appropriate jurisdiction exists.

21         (c)(d)  The department is authorized to advance up to

22  80 percent of the capital cost of any eligible project that

23  will assist Florida's transit systems in becoming fiscally

24  self-sufficient. Such advances shall be reimbursed to the

25  department on an appropriate schedule not to exceed 5 years

26  after the date of provision of the advances.

27         (d)(e)  The department is authorized to fund up to 100

28  percent of the capital and net operating costs of statewide

29  transit service development projects or transit corridor

30  projects. All transit service development projects shall be

31  specifically identified by way of a departmental appropriation


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                                        CS/HB 757, First Engrossed



  1  request, and transit corridor projects shall be identified as

  2  part of the planned improvements on each transportation

  3  corridor designated by the department. The project objectives,

  4  the assigned operational and financial responsibilities, the

  5  timeframe required to develop the required service, and the

  6  criteria by which the success of the project will be judged

  7  shall be documented by the department for each such transit

  8  service development project or transit corridor project.

  9         (e)(f)  The department is authorized to fund up to 50

10  percent of the capital and net operating costs of transit

11  service development projects that are local in scope and that

12  will improve system efficiencies, ridership, or revenues. All

13  such projects shall be identified in the appropriation request

14  of the department through a specific program of projects, as

15  provided for in s. 341.041, that is selectively applied in the

16  following functional areas and is subject to the specified

17  times of duration:

18         1.  Improving system operations, including, but not

19  limited to, realigning route structures, increasing system

20  average speed, decreasing deadhead mileage, expanding area

21  coverage, and improving schedule adherence, for a period of up

22  to 3 years;

23         2.  Improving system maintenance procedures, including,

24  but not limited to, effective preventive maintenance programs,

25  improved mechanics training programs, decreasing service

26  repair calls, decreasing parts inventory requirements, and

27  decreasing equipment downtime, for a period of up to 3 years;

28         3.  Improving marketing and consumer information

29  programs, including, but not limited to, automated information

30  services, organized advertising and promotion programs, and

31


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                                        CS/HB 757, First Engrossed



  1  signing of designated stops, for a period of up to 2 years;

  2  and

  3         4.  Improving technology involved in overall

  4  operations, including, but not limited to, transit equipment,

  5  fare collection techniques, electronic data processing

  6  applications, and bus locators, for a period of up to 2 years.

  7

  8  For purposes of this section, the term "net operating costs"

  9  means all operating costs of a project less any federal funds,

10  fares, or other sources of income to the project.

11         Section 39.  Subsection (6) of section 341.053, Florida

12  Statutes, is amended to read:

13         341.053  Intermodal Development Program;

14  administration; eligible projects; limitations.--

15         (6)  The department is authorized to fund projects

16  within the Intermodal Development Program, which are

17  consistent, to the maximum extent feasible, with approved

18  local government comprehensive plans of the units of local

19  government in which the project is located.  Projects that are

20  eligible for funding under this program include major capital

21  investments in public rail and fixed-guideway transportation

22  facilities and systems which provide intermodal access and

23  which, if approved after July 1, 1991, have complied with the

24  requirement of the department's major capital investment

25  policy; road, rail, or fixed-guideway access to, from, or

26  between seaports, airports, and other transportation

27  terminals; construction of intermodal or multimodal terminals;

28  development and construction of dedicated bus lanes; and

29  projects which otherwise facilitate the intermodal or

30  multimodal movement of people and goods.

31


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                                        CS/HB 757, First Engrossed



  1         Section 40.  Section 341.501, Florida Statutes, is

  2  amended to read:

  3         341.501  High-technology transportation systems; joint

  4  project agreement or assistance.--Notwithstanding any other

  5  provision of law, the Department of Transportation may enter

  6  into a joint project agreement with, or otherwise assist,

  7  private or public entities, or consortia thereof, to

  8  facilitate the research, development, and demonstration of

  9  high-technology transportation systems, including, but not

10  limited to, systems using magnetic levitation technology. The

11  provisions of the Florida High-Speed Rail Transportation Act,

12  ss. 341.3201-341.386, do not apply to actions taken under this

13  section, and the department may, subject to s. 339.135,

14  provide funds to match any available federal aid or aid from

15  other states or jurisdictions for effectuating the research,

16  development, and demonstration of high-technology

17  transportation systems. To be eligible for funding under this

18  section, the project must be located in Florida.

19         Section 41.  Paragraph (d) of subsection (2) of section

20  348.0003, Florida Statutes, is amended to read:

21         348.0003  Expressway authority; formation;

22  membership.--

23         (2)  The governing body of an authority shall consist

24  of not fewer than five nor more than nine voting members. The

25  district secretary of the affected department district shall

26  serve as a nonvoting member of the governing body of each

27  authority located within the district. Each member of the

28  governing body must at all times during his or her term of

29  office be a permanent resident of the county which he or she

30  is appointed to represent.

31


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                                        CS/HB 757, First Engrossed



  1         (d)  Notwithstanding any provision to the contrary in

  2  this subsection, in any county as defined in s. 125.011(1),

  3  the governing body of an authority shall consist of up to 13

  4  members, and the following provisions of this paragraph shall

  5  apply specifically to such authority. Except for the district

  6  secretary of the department, the members must be residents of

  7  the county. Seven voting members shall be appointed by the

  8  governing body of the county. At the discretion of the

  9  governing body of the county, up to two of the members

10  appointed by the governing body of the county may be elected

11  officials residing in the county. Five voting members of the

12  authority shall be appointed by the Governor. One member shall

13  be the district secretary of the department serving in the

14  district that contains such county. This member shall be an ex

15  officio voting member of the authority. If the governing board

16  of an authority includes any member originally appointed by

17  the governing body of the county as a nonvoting member, when

18  the term of such member expires, that member shall be replaced

19  by a member appointed by the Governor until the governing body

20  of the authority is composed of seven members appointed by the

21  governing body of the county and five members appointed by the

22  Governor. The qualifications, terms of office, and obligations

23  and rights of members of the authority shall be determined by

24  resolution or ordinance of the governing body of the county in

25  a manner that is consistent with subsections (3) and (4).

26         Section 42.  Section 348.0008, Florida Statutes, is

27  amended to read:

28         348.0008  Acquisition of lands and property.--

29         (1)  For the purposes of the Florida Expressway

30  Authority Act, an expressway authority may acquire such

31  rights, title, or interest in private or public property and


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                                        CS/HB 757, First Engrossed



  1  such property rights, including easements, rights of access,

  2  air, view, and light, by gift, devise, purchase, or

  3  condemnation by eminent domain proceedings, as the authority

  4  may deem necessary for any of the purposes of the Florida

  5  Expressway Authority Act, including, but not limited to, any

  6  lands reasonably necessary for securing applicable permits,

  7  areas necessary for management of access, borrow pits,

  8  drainage ditches, water retention areas, rest areas,

  9  replacement access for landowners whose access is impaired due

10  to the construction of an expressway system, and replacement

11  rights-of-way for relocated rail and utility facilities; for

12  existing, proposed, or anticipated transportation facilities

13  on the expressway system or in a transportation corridor

14  designated by the authority; or for the purposes of screening,

15  relocation, removal, or disposal of junkyards and scrap metal

16  processing facilities.  The authority may also condemn any

17  material and property necessary for such purposes.

18         (2)  An authority and its authorized agents,

19  contractors, and employees are authorized to enter upon any

20  lands, waters, and premises, upon giving reasonable notice to

21  the landowner, for the purpose of making surveys, soundings,

22  drillings, appraisals, environmental assessments including

23  phase I and phase II environmental surveys, archaeological

24  assessments, and such other examinations as are necessary for

25  the acquisition of private or public property and property

26  rights, including rights of access, air, view, and light, by

27  gift, devise, purchase, or condemnation by eminent domain

28  proceedings or as are necessary for the authority to perform

29  its duties and functions; and any such entry shall not be

30  deemed a trespass or an entry that would constitute a taking

31  in an eminent domain proceeding. An expressway authority shall


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                                        CS/HB 757, First Engrossed



  1  make reimbursement for any actual damage to such lands, water,

  2  and premises as a result of such activities.

  3         (3)(2)  The right of eminent domain conferred by the

  4  Florida Expressway Authority Act must be exercised by each

  5  authority in the manner provided by law.

  6         (4)(3)  When an authority acquires property for an

  7  expressway system or in a transportation corridor as defined

  8  in s. 334.03, it is not subject to any liability imposed by

  9  chapter 376 or chapter 403 for preexisting soil or groundwater

10  contamination due solely to its ownership. This subsection

11  does not affect the rights or liabilities of any past or

12  future owners of the acquired property nor does it affect the

13  liability of any governmental entity for the results of its

14  actions which create or exacerbate a pollution source. An

15  authority and the Department of Environmental Protection may

16  enter into interagency agreements for the performance,

17  funding, and reimbursement of the investigative and remedial

18  acts necessary for property acquired by the authority.

19         Section 43.  Section 348.545, Florida Statutes, is

20  created to read:

21         348.545  Facility improvement; bond financing

22  authority.--Pursuant to s. 11(f), Art. VII of the State

23  Constitution, the Legislature hereby approves for bond

24  financing by the Tampa-Hillsborough County Expressway

25  Authority improvements to toll collection facilities,

26  interchanges to the legislatively approved expressway system,

27  and any other facility appurtenant, necessary, or incidental

28  to the approved system.  Subject to terms and conditions of

29  applicable revenue bond resolutions and covenants, such

30  financing may be in whole or in part by revenue bonds

31


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                                        CS/HB 757, First Engrossed



  1  currently issued or issued in the future, or by a combination

  2  of such bonds.

  3         Section 44.  Section 348.565, Florida Statutes, is

  4  amended to read:

  5         348.565  Revenue bonds for specified projects.--The

  6  existing facilities that constitute the Tampa-Hillsborough

  7  County Expressway System are hereby approved to be refinanced

  8  by the issuance of revenue bonds by the Division of Bond

  9  Finance of the State Board of Administration pursuant to s.

10  11(f), Art. VII of the State Constitution. In addition, the

11  following projects of the Tampa-Hillsborough County Expressway

12  Authority are approved to be financed or refinanced by the

13  issuance of revenue bonds pursuant to s. 11(f), Art. VII of

14  the State Constitution:

15         (1)  Brandon area feeder roads.;

16         (2)  Capital improvements to the expressway system,

17  including safety and operational improvements and toll

18  collection equipment.; and

19         (3)  Lee Roy Selmon Crosstown Expressway System

20  widening.

21         (4)  The connector highway linking Lee Roy Selmon

22  Crosstown Expressway to Interstate 4.

23         Section 45.  Section 373.4137, Florida Statutes, is

24  amended to read:

25         373.4137  Mitigation requirements.--

26         (1)  The Legislature finds that environmental

27  mitigation for the impact of transportation projects proposed

28  by the Department of Transportation or a transportation

29  authority established pursuant to chapter 348 or chapter 349

30  can be more effectively achieved by regional, long-range

31  mitigation planning rather than on a project-by-project basis.


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                                        CS/HB 757, First Engrossed



  1  It is the intent of the Legislature that mitigation to offset

  2  the adverse effects of these transportation projects be funded

  3  by the Department of Transportation and be carried out by the

  4  Department of Environmental Protection and the water

  5  management districts, including the use of mitigation banks

  6  established pursuant to this part.

  7         (2)  Environmental impact inventories for

  8  transportation projects proposed by the Department of

  9  Transportation or a transportation authority established

10  pursuant to chapter 348 or chapter 349 shall be developed as

11  follows:

12         (a)  By May 1 of each year, the Department of

13  Transportation or a transportation authority established

14  pursuant to chapter 348 or chapter 349 shall submit to the

15  Department of Environmental Protection and the water

16  management districts a copy of its adopted work program and an

17  inventory of habitats addressed in the rules tentatively,

18  pursuant to this part and s. 404 of the Clean Water Act, 33

19  U.S.C. s. 1344, which may be impacted by its plan of

20  construction for transportation projects in the next 3 years

21  of the tentative work program. The Department of

22  Transportation or a transportation authority established

23  pursuant to chapter 348 or chapter 349 may also include in its

24  inventory the habitat impacts of any future transportation

25  project identified in the tentative work program.

26         (b)  The environmental impact inventory shall include a

27  description of these habitat impacts, including their

28  location, acreage, and type; state water quality

29  classification of impacted wetlands and other surface waters;

30  any other state or regional designations for these habitats;

31


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                                        CS/HB 757, First Engrossed



  1  and a survey of threatened species, endangered species, and

  2  species of special concern affected by the proposed project.

  3         (3)(a)  To fund the mitigation plan for the projected

  4  impacts identified in the inventory described in subsection

  5  (2), the Department of Transportation shall identify funds

  6  quarterly in an escrow account within the State Transportation

  7  Trust Fund for the environmental mitigation phase of projects

  8  budgeted by the Department of Transportation for the current

  9  fiscal year. The escrow account shall be maintained by the

10  Department of Transportation for the benefit of the Department

11  of Environmental Protection and the water management

12  districts. Any interest earnings from the escrow account shall

13  remain with the Department of Transportation.

14         (b)  Each transportation authority established pursuant

15  to chapter 348 or chapter 349 that chooses to participate in

16  this program shall create an escrow account within its

17  financial structure and deposit funds in the account to pay

18  for the environmental mitigation phase of projects budgeted

19  for the current fiscal year. The escrow account shall be

20  maintained by the authority for the benefit of the Department

21  of Environmental Protection and the water management

22  districts. Any interest earnings from the escrow account shall

23  remain with the authority.

24         (c)  The Department of Environmental Protection or

25  water management districts may request a transfer of funds

26  from an the escrow account no sooner than 30 days prior to the

27  date the funds are needed to pay for activities associated

28  with development or implementation of the approved mitigation

29  plan described in subsection (4) for the current fiscal year,

30  including, but not limited to, design, engineering,

31  production, and staff support. Actual conceptual plan


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                                        CS/HB 757, First Engrossed



  1  preparation costs incurred before plan approval may be

  2  submitted to the Department of Transportation or the

  3  appropriate transportation authority and the Department of

  4  Environmental Protection by November 1 of each year with the

  5  plan. The conceptual plan preparation costs of each water

  6  management district will be paid based on the amount approved

  7  on the mitigation plan and allocated to the current fiscal

  8  year projects identified by the water management district. The

  9  amount transferred to the escrow accounts account each year by

10  the Department of Transportation and participating

11  transportation authorities established pursuant to chapter 348

12  or chapter 349 shall correspond to a cost per acre of $75,000

13  multiplied by the projected acres of impact identified in the

14  inventory described in subsection (2). However, the $75,000

15  cost per acre does not constitute an admission against

16  interest by the state or its subdivisions nor is the cost

17  admissible as evidence of full compensation for any property

18  acquired by eminent domain or through inverse condemnation.

19  Each July 1, the cost per acre shall be adjusted by the

20  percentage change in the average of the Consumer Price Index

21  issued by the United States Department of Labor for the most

22  recent 12-month period ending September 30, compared to the

23  base year average, which is the average for the 12-month

24  period ending September 30, 1996. At the end of each year, the

25  projected acreage of impact shall be reconciled with the

26  acreage of impact of projects as permitted, including permit

27  modifications, pursuant to this part and s. 404 of the Clean

28  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of

29  funds shall be adjusted accordingly to reflect the

30  overtransfer or undertransfer of funds from the preceding

31  year. The Department of Transportation and participating


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                                        CS/HB 757, First Engrossed



  1  transportation authorities established pursuant to chapter 348

  2  or chapter 349 are is authorized to transfer such funds from

  3  the escrow accounts account to the Department of Environmental

  4  Protection and the water management districts to carry out the

  5  mitigation programs.

  6         (4)  Prior to December 1 of each year, each water

  7  management district, in consultation with the Department of

  8  Environmental Protection, the United States Army Corps of

  9  Engineers, the Department of Transportation, transportation

10  authorities established pursuant to chapter 348 or chapter

11  349, and other appropriate federal, state, and local

12  governments, and other interested parties, including entities

13  operating mitigation banks, shall develop a plan for the

14  primary purpose of complying with the mitigation requirements

15  adopted pursuant to this part and 33 U.S.C. s. 1344. This plan

16  shall also address significant invasive plant problems within

17  wetlands and other surface waters. In developing such plans,

18  the districts shall utilize sound ecosystem management

19  practices to address significant water resource needs and

20  shall focus on activities of the Department of Environmental

21  Protection and the water management districts, such as surface

22  water improvement and management (SWIM) waterbodies and lands

23  identified for potential acquisition for preservation,

24  restoration, and enhancement, to the extent that such

25  activities comply with the mitigation requirements adopted

26  under this part and 33 U.S.C. s. 1344. In determining the

27  activities to be included in such plans, the districts shall

28  also consider the purchase of credits from public or private

29  mitigation banks permitted under s. 373.4136 and associated

30  federal authorization and shall include such purchase as a

31  part of the mitigation plan when such purchase would offset


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                                        CS/HB 757, First Engrossed



  1  the impact of the transportation project, provide equal

  2  benefits to the water resources than other mitigation options

  3  being considered, and provide the most cost-effective

  4  mitigation option. The mitigation plan shall be preliminarily

  5  approved by the water management district governing board and

  6  shall be submitted to the secretary of the Department of

  7  Environmental Protection for review and final approval. The

  8  preliminary approval by the water management district

  9  governing board does not constitute a decision that affects

10  substantial interests as provided by s. 120.569. At least 30

11  days prior to preliminary approval, the water management

12  district shall provide a copy of the draft mitigation plan to

13  any person who has requested a copy.

14         (a)  For each transportation project with a funding

15  request for the next fiscal year, the mitigation plan must

16  include a brief explanation of why a mitigation bank was or

17  was not chosen as a mitigation option, including an estimation

18  of identifiable costs of the mitigation bank and nonbank

19  options to the extent practicable.

20         (b)  Specific projects may be excluded from the

21  mitigation plan and shall not be subject to this section upon

22  the agreement of the Department of Transportation, a

23  transportation authority if applicable, the Department of

24  Environmental Protection, and the appropriate water management

25  district that the inclusion of such projects would hamper the

26  efficiency or timeliness of the mitigation planning and

27  permitting process, or the Department of Environmental

28  Protection and the water management district are unable to

29  identify mitigation that would offset the impacts of the

30  project.

31


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                                        CS/HB 757, First Engrossed



  1         (c)  Surface water improvement and management or

  2  invasive plant control projects undertaken using the $12

  3  million advance transferred from the Department of

  4  Transportation to the Department of Environmental Protection

  5  in fiscal year 1996-1997 which meet the requirements for

  6  mitigation under this part and 33 U.S.C. s. 1344 shall remain

  7  available for mitigation until the $12 million is fully

  8  credited up to and including fiscal year 2004-2005. When these

  9  projects are used as mitigation, the $12 million advance shall

10  be reduced by $75,000 per acre of impact mitigated. For any

11  fiscal year through and including fiscal year 2004-2005, to

12  the extent the cost of developing and implementing the

13  mitigation plans is less than the amount transferred pursuant

14  to subsection (3), the difference shall be credited towards

15  the $12 million advance. Except as provided in this paragraph,

16  any funds not directed to implement the mitigation plan

17  should, to the greatest extent possible, be directed to fund

18  invasive plant control within wetlands and other surface

19  waters.

20         (5)  The water management district shall be responsible

21  for ensuring that mitigation requirements pursuant to 33

22  U.S.C. s. 1344 are met for the impacts identified in the

23  inventory described in subsection (2), by implementation of

24  the approved plan described in subsection (4) to the extent

25  funding is provided by the Department of Transportation, or a

26  transportation authority established pursuant to chapter 348

27  or chapter 349, if applicable. During the federal permitting

28  process, the water management district may deviate from the

29  approved mitigation plan in order to comply with federal

30  permitting requirements.

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                                        CS/HB 757, First Engrossed



  1         (6)  The mitigation plans plan shall be updated

  2  annually to reflect the most current Department of

  3  Transportation work program and project list of a

  4  transportation authority established pursuant to chapter 348

  5  or chapter 349, if applicable, and may be amended throughout

  6  the year to anticipate schedule changes or additional projects

  7  which may arise. Each update and amendment of the mitigation

  8  plan shall be submitted to the secretary of the Department of

  9  Environmental Protection for approval. However, such approval

10  shall not be applicable to a deviation as described in

11  subsection (5).

12         (7)  Upon approval by the secretary of the Department

13  of Environmental Protection, the mitigation plan shall be

14  deemed to satisfy the mitigation requirements under this part

15  and any other mitigation requirements imposed by local,

16  regional, and state agencies for impacts identified in the

17  inventory described in subsection (2). The approval of the

18  secretary shall authorize the activities proposed in the

19  mitigation plan, and no other state, regional, or local permit

20  or approval shall be necessary.

21         (8)  This section shall not be construed to eliminate

22  the need for the Department of Transportation or a

23  transportation authority established pursuant to chapter 348

24  or chapter 349 to comply with the requirement to implement

25  practicable design modifications, including realignment of

26  transportation projects, to reduce or eliminate the impacts of

27  its transportation projects on wetlands and other surface

28  waters as required by rules adopted pursuant to this part, or

29  to diminish the authority under this part to regulate other

30  impacts, including water quantity or water quality impacts, or

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                                        CS/HB 757, First Engrossed



  1  impacts regulated under this part that are not identified in

  2  the inventory described in subsection (2).

  3         (9)  The process for environmental mitigation for the

  4  impact of transportation projects under this section shall be

  5  available to an expressway, bridge, or transportation

  6  authority established under chapter 348 or chapter 349. Use of

  7  this process may be initiated by an authority depositing the

  8  requisite funds into an escrow account set up by the authority

  9  and filing an environmental impact inventory with the

10  appropriate water management district. An authority that

11  initiates the environmental mitigation process established by

12  this section shall comply with subsection (6) by timely

13  providing the appropriate water management district and the

14  Department of Environmental Protection with the requisite work

15  program information. A water management district may draw down

16  funds from the escrow account as provided in this section.

17         Section 46.  Paragraph (b) of subsection (3) of section

18  380.04, Florida Statutes, is amended to read:

19         380.04  Definition of development.--

20         (3)  The following operations or uses shall not be

21  taken for the purpose of this chapter to involve "development"

22  as defined in this section:

23         (b)  Work by any utility and other persons engaged in

24  the distribution or transmission of gas, electricity, or

25  water, for the purpose of inspecting, repairing, renewing, or

26  constructing on established rights-of-way any sewers, mains,

27  pipes, cables, utility tunnels, power lines, towers, poles,

28  tracks, or the like.

29         Section 47.  Paragraph (d) of subsection (2), paragraph

30  (b) of subsection (4), and paragraph (a) of subsection (8) of

31  section 380.06, Florida Statutes, are amended to read:


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                                        CS/HB 757, First Engrossed



  1         380.06  Developments of regional impact.--

  2         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

  3         (d)  The guidelines and standards shall be applied as

  4  follows:

  5         1.  Fixed thresholds.--

  6         a.  A development that is at or below 100 80 percent of

  7  all numerical thresholds in the guidelines and standards shall

  8  not be required to undergo development-of-regional-impact

  9  review.

10         b.  A development that is at or above 120 percent of

11  any numerical threshold shall be required to undergo

12  development-of-regional-impact review.

13         c.  Projects certified under s. 403.973 which create at

14  least 100 jobs and meet the criteria of the Office of Tourism,

15  Trade, and Economic Development as to their impact on an

16  area's economy, employment, and prevailing wage and skill

17  levels that are at or below 100 percent of the numerical

18  thresholds for industrial plants, industrial parks,

19  distribution, warehousing or wholesaling facilities, office

20  development or multiuse projects other than residential, as

21  described in s. 380.0651(3)(c), (d), and (i), are not required

22  to undergo development-of-regional-impact review.

23         2.  Rebuttable presumption presumptions.--

24         a.  It shall be presumed that a development that is

25  between 80 and 100 percent of a numerical threshold shall not

26  be required to undergo development-of-regional-impact review.

27         b.  It shall be presumed that a development that is at

28  100 percent or between 100 and 120 percent of a numerical

29  threshold shall be required to undergo

30  development-of-regional-impact review.

31         (4)  BINDING LETTER.--


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                                        CS/HB 757, First Engrossed



  1         (b)  Unless a developer waives the requirements of this

  2  paragraph by agreeing to undergo

  3  development-of-regional-impact review pursuant to this

  4  section, the state land planning agency or local government

  5  with jurisdiction over the land on which a development is

  6  proposed may require a developer to obtain a binding letter

  7  if:

  8         1.  the development is at a presumptive numerical

  9  threshold or up to 20 percent above a numerical threshold in

10  the guidelines and standards.; or

11         2.  The development is between a presumptive numerical

12  threshold and 20 percent below the numerical threshold and the

13  local government or the state land planning agency is in doubt

14  as to whether the character or magnitude of the development at

15  the proposed location creates a likelihood that the

16  development will have a substantial effect on the health,

17  safety, or welfare of citizens of more than one county.

18         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--

19         (a)  A developer may enter into a written preliminary

20  development agreement with the state land planning agency to

21  allow a developer to proceed with a limited amount of the

22  total proposed development, subject to all other governmental

23  approvals and solely at the developer's own risk, prior to

24  issuance of a final development order.  All owners of the land

25  in the total proposed development shall join the developer as

26  parties to the agreement. Each agreement shall include and be

27  subject to the following conditions:

28         1.  The developer shall comply with the preapplication

29  conference requirements pursuant to subsection (7) within 45

30  days after the execution of the agreement.

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                                        CS/HB 757, First Engrossed



  1         2.  The developer shall file an application for

  2  development approval for the total proposed development within

  3  3 months after execution of the agreement, unless the state

  4  land planning agency agrees to a different time for good cause

  5  shown. Failure to timely file an application and to otherwise

  6  diligently proceed in good faith to obtain a final development

  7  order shall constitute a breach of the preliminary development

  8  agreement.

  9         3.  The agreement shall include maps and legal

10  descriptions of both the preliminary development area and the

11  total proposed development area and shall specifically

12  describe the preliminary development in terms of magnitude and

13  location.  The area approved for preliminary development must

14  be included in the application for development approval and

15  shall be subject to the terms and conditions of the final

16  development order.

17         4.  The preliminary development shall be limited to

18  lands that the state land planning agency agrees are suitable

19  for development and shall only be allowed in areas where

20  adequate public infrastructure exists to accommodate the

21  preliminary development, when such development will utilize

22  public infrastructure.  The developer must also demonstrate

23  that the preliminary development will not result in material

24  adverse impacts to existing resources or existing or planned

25  facilities.

26         5.  The preliminary development agreement may allow

27  development which is:

28         a.  Less than or equal to 100 80 percent of any

29  applicable threshold if the developer demonstrates that such

30  development is consistent with subparagraph 4.; or

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                                        CS/HB 757, First Engrossed



  1         b.  Less than 120 percent of any applicable threshold

  2  if the developer demonstrates that such development is part of

  3  a proposed downtown development of regional impact specified

  4  in subsection (22) or part of any areawide development of

  5  regional impact specified in subsection (25) and that the

  6  development is consistent with subparagraph 4.

  7         6.  The developer and owners of the land may not claim

  8  vested rights, or assert equitable estoppel, arising from the

  9  agreement or any expenditures or actions taken in reliance on

10  the agreement to continue with the total proposed development

11  beyond the preliminary development. The agreement shall not

12  entitle the developer to a final development order approving

13  the total proposed development or to particular conditions in

14  a final development order.

15         7.  The agreement shall not prohibit the regional

16  planning agency from reviewing or commenting on any regional

17  issue that the regional agency determines should be included

18  in the regional agency's report on the application for

19  development approval.

20         8.  The agreement shall include a disclosure by the

21  developer and all the owners of the land in the total proposed

22  development of all land or development within 5 miles of the

23  total proposed development in which they have an interest and

24  shall describe such interest.

25         9.  In the event of a breach of the agreement or

26  failure to comply with any condition of the agreement, or if

27  the agreement was based on materially inaccurate information,

28  the state land planning agency may terminate the agreement or

29  file suit to enforce the agreement as provided in this section

30  and s. 380.11, including a suit to enjoin all development.

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                                        CS/HB 757, First Engrossed



  1         10.  A notice of the preliminary development agreement

  2  shall be recorded by the developer in accordance with s.

  3  28.222 with the clerk of the circuit court for each county in

  4  which land covered by the terms of the agreement is located.

  5  The notice shall include a legal description of the land

  6  covered by the agreement and shall state the parties to the

  7  agreement, the date of adoption of the agreement and any

  8  subsequent amendments, the location where the agreement may be

  9  examined, and that the agreement constitutes a land

10  development regulation applicable to portions of the land

11  covered by the agreement.  The provisions of the agreement

12  shall inure to the benefit of and be binding upon successors

13  and assigns of the parties in the agreement.

14         11.  Except for those agreements which authorize

15  preliminary development for substantial deviations pursuant to

16  subsection (19), a developer who no longer wishes to pursue a

17  development of regional impact may propose to abandon any

18  preliminary development agreement executed after January 1,

19  1985, including those pursuant to s. 380.032(3), provided at

20  the time of abandonment:

21         a.  A final development order under this section has

22  been rendered that approves all of the development actually

23  constructed; or

24         b.  The amount of development is less than 100 80

25  percent of all numerical thresholds of the guidelines and

26  standards, and the state land planning agency determines in

27  writing that the development to date is in compliance with all

28  applicable local regulations and the terms and conditions of

29  the preliminary development agreement and otherwise adequately

30  mitigates for the impacts of the development to date.

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                                        CS/HB 757, First Engrossed



  1  In either event, when a developer proposes to abandon said

  2  agreement, the developer shall give written notice and state

  3  that he or she is no longer proposing a development of

  4  regional impact and provide adequate documentation that he or

  5  she has met the criteria for abandonment of the agreement to

  6  the state land planning agency.  Within 30 days of receipt of

  7  adequate documentation of such notice, the state land planning

  8  agency shall make its determination as to whether or not the

  9  developer meets the criteria for abandonment.  Once the state

10  land planning agency determines that the developer meets the

11  criteria for abandonment, the state land planning agency shall

12  issue a notice of abandonment which shall be recorded by the

13  developer in accordance with s. 28.222 with the clerk of the

14  circuit court for each county in which land covered by the

15  terms of the agreement is located.

16         Section 48.  (1)  Nothing contained in this act

17  abridges or modifies any vested or other right or any duty or

18  obligation pursuant to any development order or agreement that

19  is applicable to a development of regional impact on the

20  effective date of this act.  A development that has received a

21  development-of-regional-impact development order pursuant to

22  s. 380.06, Florida Statutes 2001, but is no longer required to

23  undergo development-of-regional-impact review by operation of

24  this act, shall be governed by the following procedures:

25         (a)  The development shall continue to be governed by

26  the development-of-regional-impact development order and may

27  be completed in reliance upon and pursuant to the development

28  order.  The development-of-regional-impact development order

29  may be enforced by the local government as provided by ss.

30  380.06(17) and 380.11, Florida Statutes 2001.

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                                        CS/HB 757, First Engrossed



  1         (b)  If requested by the developer or landowner, the

  2  development-of-regional-impact development order may be

  3  amended or rescinded by the local government consistent with

  4  the local comprehensive plan and land development regulations,

  5  and pursuant to the local government procedures governing

  6  local development orders.

  7         (2)  A development with an application for development

  8  approval pending on the effective date of this act, or a

  9  notification of proposed change pending on the effective date

10  of this act, may elect to continue such review pursuant to s.

11  380.06, Florida Statutes 2001.  At the conclusion of the

12  pending review, including any appeals pursuant to s. 380.07,

13  Florida Statutes 2001, the resulting development order shall

14  be governed by the provisions of subsection (1).

15         Section 49.  Paragraph (b) of subsection (1) of section

16  496.425, Florida Statutes, is amended to read:

17         496.425  Solicitation of funds within public

18  transportation facilities.--

19         (1)  As used in this section:

20         (b)  "Facility" means any public transportation

21  facility, including, but not limited to, railroad stations,

22  bus stations, ship ports, ferry terminals, and roadside

23  welcome stations, highway service plazas, airports served by

24  scheduled passenger service, or highway rest stations.

25         Section 50.  Section 496.4256, Florida Statutes, is

26  created to read:

27         496.4256  Public transportation facilities not required

28  to grant permit or access.--A governmental entity or authority

29  that owns or operates welcome centers, wayside parks, service

30  plazas, or rest areas on the State Highway System as defined

31  in chapter 335 shall not be required to issue a permit or


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                                        CS/HB 757, First Engrossed



  1  grant any person access to such public transportation

  2  facilities for the purpose of soliciting funds.

  3         Section 51.  Dori Slosberg Driver Education Safety

  4  Act.--Effective October 1, 2002, notwithstanding the

  5  provisions of s. 318.121, Florida Statutes, a board of county

  6  commissioners may require, by ordinance, that the clerk of the

  7  court collect an additional $3 with each civil traffic

  8  penalty, which shall be used to fund traffic education

  9  programs in public and nonpublic schools. The ordinance shall

10  provide for the board of county commissioners to administer

11  the funds. The funds shall be used for direct educational

12  expenses and shall not be used for administration. This

13  section may be cited as the "Dori Slosberg Driver Education

14  Safety Act."

15         Section 52.  Subsection (2) of section 2 of chapter

16  88-418, Laws of Florida, is amended to read:

17         Section 2.  Crandon Boulevard is hereby designated as a

18  state historic highway.  No public funds shall be expended

19  for:

20         (2)  The alteration of the physical dimensions or

21  location of Crandon Boulevard, the median strip thereof, or

22  the land adjacent thereto, except for:

23         (a)  The routine or emergency utilities maintenance

24  activities necessitated to maintain the road as a utility

25  corridor serving the village of Key Biscayne; or

26         (b)  The modification or improvements made to provide

27  for vehicular ingress and egress of governmental public safety

28  vehicles.

29         Section 53.  Except as otherwise provided herein, this

30  act shall take effect July 1, 2002.

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