House Bill hb0757e2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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
1
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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. 212.060, F.S.;
5 requiring proceeds from surcharge in the State
6 Transportation Trust Fund be used to fund
7 district projects; amending s. 215.615, F.S.,
8 relating to funding of fixed-guideway
9 transportation systems; deleting obsolete
10 language; amending s. 255.20, F.S.; exempting
11 certain transportation projects from certain
12 competitive bidding requirements; amending s.
13 287.055, F.S.; increasing the amount defining a
14 continuing contract; amending s. 311.09, F.S.;
15 providing for application of s. 287.055, F.S.,
16 the Consultants' Competitive Negotiation Act,
17 to seaports; amending s. 315.02, F.S.;
18 redefining the terms "unit" and "port
19 facilities" for purposes of port facilities
20 financing; including seaport security projects
21 within the meaning of "port facility"; amending
22 s. 315.03, F.S.; authorizing certain entities
23 to participate in certain federal loan
24 programs; providing for oversight by the
25 Florida Seaport Transportation and Economic
26 Development Council; requiring annual reports;
27 requiring legislative review; amending s.
28 316.003, F.S.; revising definition of "motor
29 vehicle"; defining the terms "electric personal
30 assistive mobility device" and "motorized
31 scooter"; creating s. 316.2068, F.S.; providing
2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 regulations for electric personal assistive
2 mobility devices; amending s. 316.515, F.S.;
3 revising size requirement provisions for
4 vehicles transporting certain agricultural
5 products; allowing the Department of
6 Transportation to issue permits for certain
7 vehicles; amending s. 316.520, F.S.; exempting
8 certain vehicles from covering requirements;
9 creating s. 316.80, F.S.; establishing
10 penalties for persons who transport motor or
11 diesel fuel in unlawful containers;
12 establishing penalties for use of stolen or
13 illegal payment access devices; providing for
14 forfeiture; providing for costs; amending s.
15 320.08056, F.S.; providing use fees for the
16 Florida Firefighters license plate and the
17 Police Benevolent Association license plate;
18 amending s. 320.08058, F.S.; providing for
19 creation of the Florida Firefighters license
20 plate and the Police Benevolent Association
21 license plate; providing for the distribution
22 of use fees received from the sale of such
23 plates; amending s. 332.004, F.S.; revising the
24 definition of "airport or aviation development
25 project" for purposes of the Florida Airport
26 Development and Assistance Act to add certain
27 noise mitigation projects; amending s. 332.007,
28 F.S.; extending expiration date of provisions
29 relating to economic assistance to airports for
30 certain projects; extending due date of certain
31 loans for certain airports; amending s. 333.06,
3
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 F.S.; adding requirements for an airport master
2 plan; amending s. 334.044, F.S.; authorizing
3 the department to expend money on items that
4 promote scenic highway projects; authorizing
5 the department to delegate its drainage
6 permitting responsibilities to other
7 governmental entities under certain
8 circumstances; amending s. 334.175, F.S.;
9 adding state-registered landscape architects to
10 the list of design professionals who sign,
11 seal, and certify certain Department of
12 Transportation project plans; amending s.
13 334.30, F.S.; providing for public-private
14 transportation facilities; eliminating the
15 requirement that the Legislature approve such
16 facilities; providing requirements for the use
17 of funds from the State Transportation Trust
18 Fund; providing requirements with respect to
19 proposals; providing for a selection process;
20 providing for specific project approval by the
21 Legislature for certain projects; authorizing
22 the Department of Transportation to create
23 certain corporations; authorizing such
24 corporations to issue bonds; authorizing the
25 department to lend certain funds to such
26 corporations; authorizing the department to
27 adopt rules; repealing s. 348.0004(2)(m), F.S.,
28 relating to private entity proposals for
29 transportation projects; amending s. 348.0004,
30 F.S.; establishing a process enabling certain
31 expressway authorities to participate in
4
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 public-private partnerships to build, operate,
2 own, or finance certain transportation
3 facilities; specifying the expressway
4 authority's role in such projects and providing
5 rulemaking authority; providing for a selection
6 process; providing for the assessment of tolls;
7 providing for creation of certain tax-exempt,
8 public-purpose corporations; authorizing such
9 corporations to issue bonds; 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
5
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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
6
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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
7
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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
8
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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; amending s.
5 768.28, F.S.; providing that certain operators,
6 dispatchers, and security providers for rail
7 services and certain rail facility maintenance
8 providers in a specified area or for the
9 Tri-County Commuter Rail Authority or the
10 Department of Transportation are agents of the
11 state under specified circumstances; creating
12 the Dori Slosberg Driver Education Safety Act;
13 authorizing a board of county commissioners to
14 require an additional amount to be collected
15 with each civil traffic penalty to be used to
16 fund traffic education programs in public and
17 nonpublic schools; providing for administration
18 of funds collected; restricting use of said
19 funds; amending s. 2 of chapter 88-418, Laws of
20 Florida, relating to Crandon Boulevard;
21 allowing expenditure of public funds for
22 modifications to provide access for
23 governmental public safety vehicles; amending
24 s. 212.055, F.S.; removing a limitation on
25 which charter counties may levy a charter
26 county transit surtax; providing effective
27 dates.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Section 1. Subsections (1), (2), (3), (6), and (7) of
2 section 20.23, Florida Statutes, are amended to read:
3 20.23 Department of Transportation.--There is created
4 a Department of Transportation which shall be a decentralized
5 agency.
6 (1)(a)1. The head of the Department of Transportation
7 is the Secretary of Transportation. The secretary shall be
8 appointed by the Governor from among three persons nominated
9 by the Florida Transportation Commission and shall be subject
10 to confirmation by the Senate. The secretary shall serve at
11 the pleasure of the Governor.
12 (b)2. The secretary shall be a proven, effective
13 administrator who by a combination of education and experience
14 shall clearly possess a broad knowledge of the administrative,
15 financial, and technical aspects of the development,
16 operation, and regulation of transportation systems and
17 facilities or comparable systems and facilities.
18 (b)1. The secretary shall employ all personnel of the
19 department. He or she shall implement all laws, rules,
20 policies, and procedures applicable to the operation of the
21 department and may not by his or her actions disregard or act
22 in a manner contrary to any such policy. The secretary shall
23 represent the department in its dealings with other state
24 agencies, local governments, special districts, and the
25 Federal Government. He or she shall have authority to sign and
26 execute all documents and papers necessary to carry out his or
27 her duties and the operations of the department. At each
28 meeting of the Florida Transportation Commission, the
29 secretary shall submit a report of major actions taken by him
30 or her as official representative of the department.
31
10
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 2. The secretary shall cause the annual department
2 budget request, the Florida Transportation Plan, and the
3 tentative work program to be prepared in accordance with all
4 applicable laws and departmental policies and shall submit the
5 budget, plan, and program to the Florida Transportation
6 Commission. The commission shall perform an in-depth
7 evaluation of the budget, plan, and program for compliance
8 with all applicable laws and departmental policies. If the
9 commission determines that the budget, plan, or program is not
10 in compliance with all applicable laws and departmental
11 policies, it shall report its findings and recommendations
12 regarding such noncompliance to the Legislature and the
13 Governor.
14 (c)3. The secretary shall provide to the Florida
15 Transportation Commission or its staff, such assistance,
16 information, and documents as are requested by the commission
17 or its staff to enable the commission to fulfill its duties
18 and responsibilities.
19 (d)(c) The secretary shall appoint two three assistant
20 secretaries who shall be directly responsible to the secretary
21 and who shall perform such duties as are specified in this
22 section and such other duties as are assigned by the
23 secretary. The secretary may delegate to any assistant
24 secretary the authority to act in the absence of the
25 secretary. The department has the authority to adopt rules
26 necessary for the delegation of authority beyond the assistant
27 secretaries. The assistant secretaries shall serve at the
28 pleasure of the secretary.
29 (e)(d) Any secretary appointed after July 5, 1989, and
30 the assistant secretaries shall be exempt from the provisions
31 of part III of chapter 110 and shall receive compensation
11
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 commensurate with their qualifications and competitive with
2 compensation for comparable responsibility in the private
3 sector. When the salary of any assistant secretary exceeds the
4 limits established in part III of chapter 110, the Governor
5 shall approve said salary.
6 (2)(a)1. The Florida Transportation Commission is
7 hereby created and shall consist of nine members appointed by
8 the Governor subject to confirmation by the Senate. Members of
9 the commission shall serve terms of 4 years each.
10 2. Members shall be appointed in such a manner as to
11 equitably represent all geographic areas of the state. Each
12 member must be a registered voter and a citizen of the state.
13 Each member of the commission must also possess business
14 managerial experience in the private sector.
15 3. A member of the commission shall represent the
16 transportation needs of the state as a whole and may not
17 subordinate the needs of the state to those of any particular
18 area of the state.
19 4. The commission is assigned to the Office of the
20 Secretary of the Department of Transportation for
21 administrative and fiscal accountability purposes, but it
22 shall otherwise function independently of the control and
23 direction of the department.
24 (b) The commission shall have the primary functions
25 to:
26 1. Recommend major transportation policies for the
27 Governor's approval, and assure that approved policies and any
28 revisions thereto are properly executed.
29 2. Periodically review the status of the state
30 transportation system including highway, transit, rail,
31 seaport, intermodal development, and aviation components of
12
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 the system and recommend improvements therein to the Governor
2 and the Legislature.
3 3. Perform an in-depth evaluation of the annual
4 department budget request, the Florida Transportation Plan,
5 and the tentative work program for compliance with all
6 applicable laws and established departmental policies. Except
7 as specifically provided in s. 339.135(4)(c)2., (d), and (f),
8 the commission may not consider individual construction
9 projects, but shall consider methods of accomplishing the
10 goals of the department in the most effective, efficient, and
11 businesslike manner.
12 4. Monitor the financial status of the department on a
13 regular basis to assure that the department is managing
14 revenue and bond proceeds responsibly and in accordance with
15 law and established policy.
16 5. Monitor on at least a quarterly basis, the
17 efficiency, productivity, and management of the department,
18 using performance and production standards developed by the
19 commission pursuant to s. 334.045.
20 6. Perform an in-depth evaluation of the factors
21 causing disruption of project schedules in the adopted work
22 program and recommend to the Legislature and the Governor
23 methods to eliminate or reduce the disruptive effects of these
24 factors.
25 7. Recommend to the Governor and the Legislature
26 improvements to the department's organization in order to
27 streamline and optimize the efficiency of the department. In
28 reviewing the department's organization, the commission shall
29 determine if the current district organizational structure is
30 responsive to Florida's changing economic and demographic
31 development patterns. The initial report by the commission
13
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 must be delivered to the Governor and Legislature by December
2 15, 2000, and each year thereafter, as appropriate. The
3 commission may retain such experts as are reasonably necessary
4 to effectuate this subparagraph, and the department shall pay
5 the expenses of such experts.
6 (c) The commission or a member thereof may not enter
7 into the day-to-day operation of the department and is
8 specifically prohibited from taking part in:
9 1. The awarding of contracts.
10 2. The selection of a consultant or contractor or the
11 prequalification of any individual consultant or contractor.
12 However, the commission may recommend to the secretary
13 standards and policies governing the procedure for selection
14 and prequalification of consultants and contractors.
15 3. The selection of a route for a specific project.
16 4. The specific location of a transportation facility.
17 5. The acquisition of rights-of-way.
18 6. The employment, promotion, demotion, suspension,
19 transfer, or discharge of any department personnel.
20 7. The granting, denial, suspension, or revocation of
21 any license or permit issued by the department.
22 (d)1. The chair of the commission shall be selected by
23 the commission members and shall serve a 1-year term.
24 2. The commission shall hold a minimum of 4 regular
25 meetings annually, and other meetings may be called by the
26 chair upon giving at least 1 week's notice to all members and
27 the public pursuant to chapter 120. Other meetings may also be
28 held upon the written request of at least four other members
29 of the commission, with at least 1 week's notice of such
30 meeting being given to all members and the public by the chair
31 pursuant to chapter 120. Emergency meetings may be held
14
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 without notice upon the request of all members of the
2 commission. At each meeting of the commission, the secretary
3 or his or her designee shall submit a report of major actions
4 taken by him or her as official representative of the
5 department.
6 3. A majority of the membership of the commission
7 constitutes a quorum at any meeting of the commission. An
8 action of the commission is not binding unless the action is
9 taken pursuant to an affirmative vote of a majority of the
10 members present, but not fewer than four members of the
11 commission at a meeting held pursuant to subparagraph 2., and
12 the vote is recorded in the minutes of that meeting.
13 4. The chair shall cause to be made a complete record
14 of the proceedings of the commission, which record shall be
15 open for public inspection.
16 (e) The meetings of the commission shall be held in
17 the central office of the department in Tallahassee unless the
18 chair determines that special circumstances warrant meeting at
19 another location.
20 (f) Members of the commission are entitled to per diem
21 and travel expenses pursuant to s. 112.061.
22 (g) A member of the commission may not have any
23 interest, direct or indirect, in any contract, franchise,
24 privilege, or other benefit granted or awarded by the
25 department during the term of his or her appointment and for 2
26 years after the termination of such appointment.
27 (h) The commission shall appoint an executive director
28 and assistant executive director, who shall serve under the
29 direction, supervision, and control of the commission. The
30 executive director, with the consent of the commission, shall
31 employ such staff as are necessary to perform adequately the
15
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 functions of the commission, within budgetary limitations. All
2 employees of the commission are exempt from part II of chapter
3 110 and shall serve at the pleasure of the commission. The
4 salaries and benefits of all employees of the commission shall
5 be set in accordance with the Selected Exempt Service;
6 provided, however, that the commission shall have complete
7 authority for fixing the salary of the executive director and
8 assistant executive director.
9 (i) The commission shall develop a budget pursuant to
10 chapter 216. The budget is not subject to change by the
11 department, but such budget shall be submitted to the Governor
12 along with the budget of the department.
13 (3)(a) The central office shall establish departmental
14 policies, rules, procedures, and standards and shall monitor
15 the implementation of such policies, rules, procedures, and
16 standards in order to ensure uniform compliance and quality
17 performance by the districts and central office units that
18 implement transportation programs. Major transportation policy
19 initiatives or revisions shall be submitted to the commission
20 for review. The central office monitoring function shall be
21 based on a plan that clearly specifies what areas will be
22 monitored, activities and criteria used to measure compliance,
23 and a feedback process that assures monitoring findings are
24 reported and deficiencies corrected. The secretary is
25 responsible for ensuring that a central office monitoring
26 function is implemented, and that it functions properly. In
27 conjunction with its monitoring function, the central office
28 shall provide such training and administrative support to the
29 districts as the department determines to be necessary to
30 ensure that the department's programs are carried out in the
31 most efficient and effective manner.
16
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (b) The resources necessary to ensure the efficiency,
2 effectiveness, and quality of performance by the department of
3 its statutory responsibilities shall be allocated to the
4 central office.
5 (b)(c) The secretary shall appoint an Assistant
6 Secretary for Transportation Policy and, an Assistant
7 Secretary for Finance and Administration, and an Assistant
8 Secretary for District Operations, each of whom shall serve at
9 the pleasure of the secretary. The positions are responsible
10 for developing, monitoring, and enforcing policy and managing
11 major technical programs. The responsibilities and duties of
12 these positions include, but are not limited to, the following
13 functional areas:
14 1. Assistant Secretary for Transportation Policy.--
15 a. Development of the Florida Transportation Plan and
16 other policy planning;
17 b. Development of statewide modal systems plans,
18 including public transportation systems;
19 c. Design of transportation facilities;
20 d. Construction of transportation facilities;
21 e. Acquisition and management of transportation
22 rights-of-way; and
23 f. Administration of motor carrier compliance and
24 safety.
25 2. Assistant Secretary for District Operations.--
26 a. Administration of the eight districts; and
27 b. Implementation of the decentralization of the
28 department.
29 3. Assistant Secretary for Finance and
30 Administration.--
31 a. Financial planning and management;
17
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 b. Information systems;
2 c. Accounting systems;
3 d. Administrative functions; and
4 e. Administration of toll operations.
5 (d)1. Policy, program, or operations offices shall be
6 established within the central office for the purposes of:
7 a. Developing policy and procedures and monitoring
8 performance to ensure compliance with these policies and
9 procedures;
10 b. Performing statewide activities which it is more
11 cost-effective to perform in a central location;
12 c. Assessing and ensuring the accuracy of information
13 within the department's financial management information
14 systems; and
15 d. Performing other activities of a statewide nature.
16 (c)1.2. The following offices are established and
17 shall be headed by a manager, each of whom shall be appointed
18 by and serve at the pleasure of the secretary. The positions
19 shall be classified at a level equal to a division director:
20 a. The Office of Administration.;
21 b. The Office of Policy Planning.;
22 c. The Office of Design.;
23 d. The Office of Highway Operations.;
24 e. The Office of Right-of-Way.;
25 f. The Office of Toll Operations.;
26 g. The Office of Information Systems.; and
27 h. The Office of Motor Carrier Compliance.
28 i. The Office of Management and Budget.
29 j. The Office of Comptroller.
30 2.3. Other offices may be established in accordance
31 with s. 20.04(7). The heads of such offices are exempt from
18
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 part II of chapter 110. No office or organization shall be
2 created at a level equal to or higher than a division without
3 specific legislative authority.
4 3.4. During the construction of a major transportation
5 improvement project or as determined by the district
6 secretary, the department may provide assistance to a business
7 entity significantly impacted by the project if the entity is
8 a for-profit entity that has been in business for 3 years
9 prior to the beginning of construction and has direct or
10 shared access to the transportation project being constructed.
11 The assistance program shall be in the form of additional
12 guarantees to assist the impacted business entity in receiving
13 loans pursuant to Title 13 C.F.R. part 120. However, in no
14 instance shall the combined guarantees be greater than 90
15 percent of the loan. The department shall adopt rules to
16 implement this subparagraph.
17 (e) The Assistant Secretary for Finance and
18 Administration must possess a broad knowledge of the
19 administrative, financial, and technical aspects of a complete
20 cost-accounting system, budget preparation and management, and
21 management information systems. The Assistant Secretary for
22 Finance and Administration must be a proven, effective manager
23 with specialized skills in financial planning and management.
24 The Assistant Secretary for Finance and Administration shall
25 ensure that financial information is processed in a timely,
26 accurate, and complete manner.
27 (f)1. Within the central office there is created an
28 Office of Management and Budget. The head of the Office of
29 Management and Budget is responsible to the Assistant
30 Secretary for Finance and Administration and is exempt from
31 part II of chapter 110.
19
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 2. The functions of the Office of Management and
2 Budget include, but are not limited to:
3 a. Preparation of the work program;
4 b. Preparation of the departmental budget; and
5 c. Coordination of related policies and procedures.
6 3. The Office of Management and Budget shall also be
7 responsible for developing uniform implementation and
8 monitoring procedures for all activities performed at the
9 district level involving the budget and the work program.
10 (d)(g) The secretary shall may appoint an inspector
11 general pursuant to s. 20.055 who shall be directly
12 responsible to the secretary and shall serve at the pleasure
13 of the secretary.
14 (h)1. The secretary shall appoint an inspector general
15 pursuant to s. 20.055. The inspector general may be
16 organizationally located within another unit of the department
17 for administrative purposes, but shall function independently
18 and be directly responsible to the secretary pursuant to s.
19 20.055. The duties of the inspector general shall include, but
20 are not restricted to, reviewing, evaluating, and reporting on
21 the policies, plans, procedures, and accounting, financial,
22 and other operations of the department and recommending
23 changes for the improvement thereof, as well as performing
24 audits of contracts and agreements between the department and
25 private entities or other governmental entities. The inspector
26 general shall give priority to reviewing major parts of the
27 department's accounting system and central office monitoring
28 function to determine whether such systems effectively ensure
29 accountability and compliance with all laws, rules, policies,
30 and procedures applicable to the operation of the department.
31 The inspector general shall also give priority to assessing
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 the department's management information systems as required by
2 s. 282.318. The internal audit function shall use the
3 necessary expertise, in particular, engineering, financial,
4 and property appraising expertise, to independently evaluate
5 the technical aspects of the department's operations. The
6 inspector general shall have access at all times to any
7 personnel, records, data, or other information of the
8 department and shall determine the methods and procedures
9 necessary to carry out his or her duties. The inspector
10 general is responsible for audits of departmental operations
11 and for audits of consultant contracts and agreements, and
12 such audits shall be conducted in accordance with generally
13 accepted governmental auditing standards. The inspector
14 general shall annually perform a sufficient number of audits
15 to determine the efficiency and effectiveness, as well as
16 verify the accuracy of estimates and charges, of contracts
17 executed by the department with private entities and other
18 governmental entities. The inspector general has the sole
19 responsibility for the contents of his or her reports, and a
20 copy of each report containing his or her findings and
21 recommendations shall be furnished directly to the secretary
22 and the commission.
23 2. In addition to the authority and responsibilities
24 herein provided, the inspector general is required to report
25 to the:
26 a. Secretary whenever the inspector general makes a
27 preliminary determination that particularly serious or
28 flagrant problems, abuses, or deficiencies relating to the
29 administration of programs and operations of the department
30 have occurred. The secretary shall review and assess the
31 correctness of the preliminary determination by the inspector
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 general. If the preliminary determination is substantiated,
2 the secretary shall submit such report to the appropriate
3 committees of the Legislature within 7 calendar days, together
4 with a report by the secretary containing any comments deemed
5 appropriate. Nothing in this section shall be construed to
6 authorize the public disclosure of information which is
7 specifically prohibited from disclosure by any other provision
8 of law.
9 b. Transportation Commission and the Legislature any
10 actions by the secretary that prohibit the inspector general
11 from initiating, carrying out, or completing any audit after
12 the inspector general has decided to initiate, carry out, or
13 complete such audit. The secretary shall, within 30 days after
14 transmission of the report, set forth in a statement to the
15 Transportation Commission and the Legislature the reasons for
16 his or her actions.
17 (i)1. The secretary shall appoint a comptroller who is
18 responsible to the Assistant Secretary for Finance and
19 Administration. This position is exempt from part II of
20 chapter 110.
21 2. The comptroller is the chief financial officer of
22 the department and must be a proven, effective administrator
23 who by a combination of education and experience clearly
24 possesses a broad knowledge of the administrative, financial,
25 and technical aspects of a complex cost-accounting system. The
26 comptroller must also have a working knowledge of generally
27 accepted accounting principles. At a minimum, the comptroller
28 must hold an active license to practice public accounting in
29 Florida pursuant to chapter 473 or an active license to
30 practice public accounting in any other state. In addition to
31 the requirements of the Florida Fiscal Accounting Management
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Information System Act, the comptroller is responsible for the
2 development, maintenance, and modification of an accounting
3 system that will in a timely manner accurately reflect the
4 revenues and expenditures of the department and that includes
5 a cost-accounting system to properly identify, segregate,
6 allocate, and report department costs. The comptroller shall
7 supervise and direct preparation of a detailed 36-month
8 forecast of cash and expenditures and is responsible for
9 managing cash and determining cash requirements. The
10 comptroller shall review all comparative cost studies that
11 examine the cost-effectiveness and feasibility of contracting
12 for services and operations performed by the department. The
13 review must state that the study was prepared in accordance
14 with generally accepted cost-accounting standards applied in a
15 consistent manner using valid and accurate cost data.
16 3. The department shall by rule or internal management
17 memoranda as required by chapter 120 provide for the
18 maintenance by the comptroller of financial records and
19 accounts of the department as will afford a full and complete
20 check against the improper payment of bills and provide a
21 system for the prompt payment of the just obligations of the
22 department, which records must at all times disclose:
23 a. The several appropriations available for the use of
24 the department;
25 b. The specific amounts of each such appropriation
26 budgeted by the department for each improvement or purpose;
27 c. The apportionment or division of all such
28 appropriations among the several counties and districts, when
29 such apportionment or division is made;
30
31
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 d. The amount or portion of each such apportionment
2 against general contractual and other liabilities then
3 created;
4 e. The amount expended and still to be expended in
5 connection with each contractual and other obligation of the
6 department;
7 f. The expense and operating costs of the various
8 activities of the department;
9 g. The receipts accruing to the department and the
10 distribution thereof;
11 h. The assets, investments, and liabilities of the
12 department; and
13 i. The cash requirements of the department for a
14 36-month period.
15 4. The comptroller shall maintain a separate account
16 for each fund administered by the department.
17 5. The comptroller shall perform such other related
18 duties as designated by the department.
19 (e)(j) The secretary shall appoint a general counsel
20 who shall be employed full time and shall be directly
21 responsible to the secretary and shall serve at the pleasure
22 of the secretary. The general counsel is responsible for all
23 legal matters of the department. The department may employ as
24 many attorneys as it deems necessary to advise and represent
25 the department in all transportation matters.
26 (f)(k) The secretary shall appoint a state
27 transportation planner who shall report to the Assistant
28 Secretary for Transportation Policy. The state transportation
29 planner's responsibilities shall include, but are not limited
30 to, policy planning, systems planning, and transportation
31
24
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 statistics. This position shall be classified at a level equal
2 to a deputy assistant secretary.
3 (g)(l) The secretary shall appoint a state highway
4 engineer who shall report to the Assistant Secretary for
5 Transportation Policy. The state highway engineer's
6 responsibilities shall include, but are not limited to,
7 design, construction, and maintenance of highway facilities;
8 acquisition and management of transportation rights-of-way;
9 traffic engineering; and materials testing. This position
10 shall be classified at a level equal to a deputy assistant
11 secretary.
12 (h)(m) The secretary shall appoint a state public
13 transportation administrator who shall report to the Assistant
14 Secretary for Transportation Policy. The state public
15 transportation administrator's responsibilities shall include,
16 but are not limited to, the administration of statewide
17 transit, rail, intermodal development, and aviation programs.
18 This position shall be classified at a level equal to a deputy
19 assistant secretary. The department shall also assign to the
20 public transportation administrator an organizational unit the
21 primary function of which is to administer the high-speed rail
22 program.
23 (6) To facilitate the efficient and effective
24 management of the department in a businesslike manner, the
25 department shall develop a system for the submission of
26 monthly management reports to the Florida Transportation
27 Commission and secretary from the district secretaries. The
28 commission and the secretary shall determine which reports are
29 required to fulfill their respective responsibilities under
30 this section. A copy of each such report shall be submitted
31 monthly to the appropriations and transportation committees of
25
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 the Senate and the House of Representatives. Recommendations
2 made by the Auditor General in his or her audits of the
3 department that relate to management practices, systems, or
4 reports shall be implemented in a timely manner. However, if
5 the department determines that one or more of the
6 recommendations should be altered or should not be
7 implemented, it shall provide a written explanation of such
8 determination to the Legislative Auditing Committee within 6
9 months after the date the recommendations were published.
10 (6)(7) The department is authorized to contract with
11 local governmental entities and with the private sector if the
12 department first determines that:
13 (a) Consultants can do the work at less cost than
14 state employees;
15 (b) State employees can do the work at less cost, but
16 sufficient positions have not been approved by the Legislature
17 as requested in the department's most recent legislative
18 budget request;
19 (c) The work requires specialized expertise, and it
20 would not be economical for the state to acquire, and then
21 maintain, the expertise after the work is done;
22 (d) The workload is at a peak level, and it would not
23 be economical to acquire, and then keep, extra personnel after
24 the workload decreases; or
25 (e) The use of such entities is clearly in the
26 public's best interest.
27
28 Such contracts shall require compliance with applicable
29 federal and state laws, and clearly specify the product or
30 service to be provided.
31
26
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Section 2. Section 59 of chapter 99-385, Laws of
2 Florida, is repealed.
3 Section 3. Paragraph (b) of subsection (3) of section
4 73.071, Florida Statutes, is amended to read:
5 73.071 Jury trial; compensation; severance damages;
6 business damages.--
7 (3) The jury shall determine solely the amount of
8 compensation to be paid, which compensation shall include:
9 (b) Where less than the entire property is sought to
10 be appropriated, any damages to the remainder caused by the
11 taking, including, when the action is by the Department of
12 Transportation, county, municipality, board, district or other
13 public body for the condemnation of a right-of-way, and the
14 effect of the taking of the property involved may damage or
15 destroy an established business of more than 4 years' standing
16 before January 1, 2005, or the effect of the taking of the
17 property involved may damage or destroy an established
18 business of more than 5 years' standing on or after January 1,
19 2005, owned by the party whose lands are being so taken,
20 located upon adjoining lands owned or held by such party, the
21 probable damages to such business which the denial of the use
22 of the property so taken may reasonably cause; any person
23 claiming the right to recover such special damages shall set
24 forth in his or her written defenses the nature and extent of
25 such damages; and
26 Section 4. Paragraphs (j) and (m) of subsection (2) of
27 section 110.205, Florida Statutes, are amended to read:
28 110.205 Career service; exemptions.--
29 (2) EXEMPT POSITIONS.--The exempt positions that are
30 not covered by this part include the following:
31
27
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (j) The appointed secretaries, assistant secretaries,
2 deputy secretaries, and deputy assistant secretaries of all
3 departments; the executive directors, assistant executive
4 directors, deputy executive directors, and deputy assistant
5 executive directors of all departments; and the directors of
6 all divisions and those positions determined by the department
7 to have managerial responsibilities comparable to such
8 positions, which positions include, but are not limited to,
9 program directors, assistant program directors, district
10 administrators, deputy district administrators, the Director
11 of Central Operations Services of the Department of Children
12 and Family Services, and the State Transportation Planner,
13 State Highway Engineer, State Public Transportation
14 Administrator, district secretaries, district directors of
15 planning and programming, production, and operations, and the
16 managers of the offices specified in s. 20.23(3)(c)1.(d)2., of
17 the Department of Transportation. Unless otherwise fixed by
18 law, the department shall set the salary and benefits of these
19 positions in accordance with the rules of the Senior
20 Management Service.
21 (m) All assistant division director, deputy division
22 director, and bureau chief positions in any department, and
23 those positions determined by the department to have
24 managerial responsibilities comparable to such positions,
25 which positions include, but are not limited to, positions in
26 the Department of Health, the Department of Children and
27 Family Services, and the Department of Corrections that are
28 assigned primary duties of serving as the superintendent or
29 assistant superintendent, or warden or assistant warden, of an
30 institution; positions in the Department of Corrections that
31 are assigned primary duties of serving as the circuit
28
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 administrator or deputy circuit administrator; positions in
2 the Department of Transportation that are assigned primary
3 duties of serving as regional toll managers and managers of
4 offices as defined in s. 20.23(3)(c)2.(d)3. and (4)(d);
5 positions in the Department of Environmental Protection that
6 are assigned the duty of an Environmental Administrator or
7 program administrator; those positions described in s. 20.171
8 as included in the Senior Management Service; and positions in
9 the Department of Health that are assigned the duties of
10 Environmental Administrator, Assistant County Health
11 Department Director, and County Health Department Financial
12 Administrator. Unless otherwise fixed by law, the department
13 shall set the salary and benefits of these positions in
14 accordance with the rules established for the Selected Exempt
15 Service.
16 Section 5. Subsection (1) of section 120.52, Florida
17 Statutes, is amended to read:
18 120.52 Definitions.--As used in this act:
19 (1) "Agency" means:
20 (a) The Governor in the exercise of all executive
21 powers other than those derived from the constitution.
22 (b) Each:
23 1. State officer and state department, and each
24 departmental unit described in s. 20.04.
25 2. Authority, including a regional water supply
26 authority.
27 3. Board.
28 4. Commission, including the Commission on Ethics and
29 the Fish and Wildlife Conservation Commission when acting
30 pursuant to statutory authority derived from the Legislature.
31 5. Regional planning agency.
29
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 6. Multicounty special district with a majority of its
2 governing board comprised of nonelected persons.
3 7. Educational units.
4 8. Entity described in chapters 163, 373, 380, and 582
5 and s. 186.504.
6 (c) Each other unit of government in the state,
7 including counties and municipalities, to the extent they are
8 expressly made subject to this act by general or special law
9 or existing judicial decisions.
10
11 This definition does not include any legal entity or agency
12 created in whole or in part pursuant to chapter 361, part II,
13 a metropolitan planning organization created pursuant to s.
14 339.175, an expressway authority pursuant to chapter 348, any
15 legal or administrative entity created by an interlocal
16 agreement pursuant to s. 163.01(7), unless any party to such
17 agreement is otherwise an agency as defined in this
18 subsection, or any multicounty special district with a
19 majority of its governing board comprised of elected persons;
20 however, this definition shall include a regional water supply
21 authority.
22 Section 6. Paragraph (k) is added to subsection (6) of
23 section 163.3177, Florida Statutes, to read:
24 163.3177 Required and optional elements of
25 comprehensive plan; studies and surveys.--
26 (6) In addition to the requirements of subsections
27 (1)-(5), the comprehensive plan shall include the following
28 elements:
29 (k) An airport master plan, and any subsequent
30 amendments to the airport master plan, prepared by a licensed
31 publicly owned and operated airport under s. 333.06 may be
30
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 incorporated into the local government comprehensive plan by
2 the local government having jurisdiction under this act for
3 the area in which the airport or projected airport development
4 is located by the adoption of a comprehensive plan amendment.
5 In the amendment to the local comprehensive plan that
6 integrates the airport master plan, the comprehensive plan
7 amendment shall address land use compatibility consistent with
8 chapter 333 regarding airport zoning; the provision of
9 regional transportation facilities for the efficient use and
10 operation of the transportation system and airport;
11 consistency with the local government transportation
12 circulation element and applicable metropolitan planning
13 organization long-range transportation plans; and the
14 execution of any necessary interlocal agreements for the
15 purposes of the provision of public facilities and services to
16 maintain the adopted level of service standards for facilities
17 subject to concurrency; and may address airport-related or
18 aviation-related development. Development or expansion of an
19 airport consistent with the adopted airport master plan that
20 has been incorporated into the local comprehensive plan in
21 compliance with this part, and airport-related or
22 aviation-related development that has been addressed in the
23 comprehensive plan amendment that incorporates the airport
24 master plan, shall not be a development of regional impact.
25 Section 7. Section 189.441, Florida Statutes, is
26 amended to read:
27 189.441 Contracts.--Contracts for the construction of
28 projects and for any other purpose of the authority may be
29 awarded by the authority in a manner that will best promote
30 free and open competition, including advertisement for
31 competitive bids; however, if the authority determines that
31
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 the purposes of this act will be more effectively served
2 thereby, the authority may award or cause to be awarded
3 contracts for the construction of any project, including
4 design-build contracts, or any part thereof, or for any other
5 purpose of the authority upon a negotiated basis as determined
6 by the authority. Each contractor doing business with the
7 authority and required to be licensed by the state or local
8 general-purpose governments must maintain the license during
9 the term of the contract with the authority. The authority may
10 prescribe bid security requirements and other procedures in
11 connection with the award of contracts which protect the
12 public interest. Section 287.055 does not apply to the
13 selection of professional architectural, engineering,
14 landscape architectural, or land surveying services by the
15 authority or to the procurement of design-build contracts. The
16 authority may, and in the case of a new professional sports
17 franchise must, by written contract engage the services of the
18 operator, lessee, sublessee, or purchaser, or prospective
19 operator, lessee, sublessee, or purchaser, of any project in
20 the construction of the project and may, and in the case of a
21 new professional sports franchise must, provide in the
22 contract that the lessee, sublessee, purchaser, or prospective
23 lessee, sublessee, or purchaser, may act as an agent of, or an
24 independent contractor for, the authority for the performance
25 of the functions described therein, subject to the conditions
26 and requirements prescribed in the contract, including
27 functions such as the acquisition of the site and other real
28 property for the project; the preparation of plans,
29 specifications, financing, and contract documents; the award
30 of construction and other contracts upon a competitive or
31 negotiated basis; the construction of the project, or any part
32
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 thereof, directly by the lessee, purchaser, or prospective
2 lessee or purchaser; the inspection and supervision of
3 construction; the employment of engineers, architects,
4 builders, and other contractors; and the provision of money to
5 pay the cost thereof pending reimbursement by the authority.
6 Any such contract may, and in the case of a new professional
7 sports franchise must, allow the authority to make advances to
8 or reimburse the lessee, sublessee, or purchaser, or
9 prospective lessee, sublessee, or purchaser for its costs
10 incurred in the performance of those functions, and must set
11 forth the supporting documents required to be submitted to the
12 authority and the reviews, examinations, and audits that are
13 required in connection therewith to assure compliance with the
14 contract.
15 Section 8. Subsection (2) of section 212.0606, Florida
16 Statutes, is amended to read:
17 212.0606 Rental car surcharge.--
18 (2)(a) Notwithstanding the provisions of section
19 212.20, and less costs of administration, 80 percent of the
20 proceeds of this surcharge shall be deposited in the State
21 Transportation Trust Fund, 15.75 percent of the proceeds of
22 this surcharge shall be deposited in the Tourism Promotional
23 Trust Fund created in s. 288.122, and 4.25 percent of the
24 proceeds of this surcharge shall be deposited in the Florida
25 International Trade and Promotion Trust Fund. For the purposes
26 of this subsection, "proceeds" of the surcharge means all
27 funds collected and received by the department under this
28 section, including interest and penalties on delinquent
29 surcharges.
30 (b) Notwithstanding any other provision of law, in
31 fiscal year 2007-2008 and each year thereafter, the proceeds
33
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 deposited in the State Transportation Trust Fund shall be
2 allocated on an annual basis in the Department of
3 Transportation's work program to each department district,
4 except the Turnpike District. The amount allocated for each
5 district shall be based upon the amount of proceeds collected
6 in the counties within each respective district.
7 Section 9. Subsection (2) of section 215.615, Florida
8 Statutes, is amended to read:
9 215.615 Fixed-guideway transportation systems
10 funding.--
11 (2) To be eligible for participation, fixed-guideway
12 transportation system projects must comply with the major
13 capital investment policy guidelines and criteria established
14 by the Department of Transportation under chapter 341; must be
15 found to be consistent, to the maximum extent feasible, with
16 approved local government comprehensive plans of the local
17 governments in which such projects are located; and must be
18 included in the work program of the Department of
19 Transportation pursuant to the provisions under s. 339.135.
20 The department shall certify that the expected useful life of
21 the transportation improvements will equal or exceed the
22 maturity date of the debt to be issued.
23 Section 10. Paragraph (a) of subsection (1) of section
24 255.20, Florida Statutes, is amended to read:
25 255.20 Local bids and contracts for public
26 construction works; specification of state-produced lumber.--
27 (1) A county, municipality, special district as
28 defined in chapter 189, or other political subdivision of the
29 state seeking to construct or improve a public building,
30 structure, or other public construction works must
31 competitively award to an appropriately licensed contractor
34
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 each project that is estimated in accordance with generally
2 accepted cost-accounting principles to have total construction
3 project costs of more than $200,000. For electrical work,
4 local government must competitively award to an appropriately
5 licensed contractor each project that is estimated in
6 accordance with generally accepted cost-accounting principles
7 to have a cost of more than $50,000. As used in this section,
8 the term "competitively award" means to award contracts based
9 on the submission of sealed bids, proposals submitted in
10 response to a request for proposal, proposals submitted in
11 response to a request for qualifications, or proposals
12 submitted for competitive negotiation. This subsection
13 expressly allows contracts for construction management
14 services, design/build contracts, continuation contracts based
15 on unit prices, and any other contract arrangement with a
16 private sector contractor permitted by any applicable
17 municipal or county ordinance, by district resolution, or by
18 state law. For purposes of this section, construction costs
19 include the cost of all labor, except inmate labor, and
20 include the cost of equipment and materials to be used in the
21 construction of the project. Subject to the provisions of
22 subsection (3), the county, municipality, special district, or
23 other political subdivision may establish, by municipal or
24 county ordinance or special district resolution, procedures
25 for conducting the bidding process.
26 (a) The provisions of this subsection do not apply:
27 1. When the project is undertaken to replace,
28 reconstruct, or repair an existing facility damaged or
29 destroyed by a sudden unexpected turn of events, such as an
30 act of God, riot, fire, flood, accident, or other urgent
31 circumstances, and such damage or destruction creates:
35
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 a. An immediate danger to the public health or safety;
2 b. Other loss to public or private property which
3 requires emergency government action; or
4 c. An interruption of an essential governmental
5 service.
6 2. When, after notice by publication in accordance
7 with the applicable ordinance or resolution, the governmental
8 entity does not receive any responsive bids or responses.
9 3. To construction, remodeling, repair, or improvement
10 to a public electric or gas utility system when such work on
11 the public utility system is performed by personnel of the
12 system.
13 4. To construction, remodeling, repair, or improvement
14 by a utility commission whose major contracts are to construct
15 and operate a public electric utility system.
16 5. When the project is undertaken as repair or
17 maintenance of an existing public facility.
18 6. When the project is undertaken exclusively as part
19 of a public educational program.
20 7. When the funding source of the project will be
21 diminished or lost because the time required to competitively
22 award the project after the funds become available exceeds the
23 time within which the funding source must be spent.
24 8. When the local government has competitively awarded
25 a project to a private sector contractor and the contractor
26 has abandoned the project before completion or the local
27 government has terminated the contract.
28 9. When the governing board of the local government,
29 after public notice, conducts a public meeting under s.
30 286.011 and finds by a majority vote of the governing board
31 that it is in the public's best interest to perform the
36
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 project using its own services, employees, and equipment. The
2 public notice must be published at least 14 days prior to the
3 date of the public meeting at which the governing board takes
4 final action to apply this subparagraph. The notice must
5 identify the project, the estimated cost of the project, and
6 specify that the purpose for the public meeting is to consider
7 whether it is in the public's best interest to perform the
8 project using the local government's own services, employees,
9 and equipment. In deciding whether it is in the public's best
10 interest for local government to perform a project using its
11 own services, employees, and equipment, the governing board
12 may consider the cost of the project, whether the project
13 requires an increase in the number of government employees, an
14 increase in capital expenditures for public facilities,
15 equipment or other capital assets, the impact on local
16 economic development, the impact on small and minority
17 business owners, the impact on state and local tax revenues,
18 whether the private sector contractors provide health
19 insurance and other benefits equivalent to those provided by
20 the local government, and any other factor relevant to what is
21 in the public's best interest.
22 10. When the governing board of the local government
23 determines upon consideration of specific substantive criteria
24 and administrative procedures that it is in the best interest
25 of the local government to award the project to an
26 appropriately licensed private sector contractor according to
27 procedures established by and expressly set forth in a
28 charter, ordinance, or resolution of the local government
29 adopted prior to July 1, 1994. The criteria and procedures
30 must be set out in the charter, ordinance, or resolution and
31 must be applied uniformly by the local government to avoid
37
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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
38
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 11. 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 12. Subsection (12) of section 311.09, Florida
31 Statutes, is amended to read:
39
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 13. 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
40
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 14. 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
41
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 15. 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
42
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 16. 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.
43
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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
44
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Section 17. 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 18. 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
45
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 per hour or less and the distance driven on public roads is
2 less than 20 miles.
3 Section 19. 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
46
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 20. 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.
47
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (ii) Police Benevolent Association license plate, $20.
2 Section 21. 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)
48
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 22. 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 23. 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.--
49
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 24. 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
50
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 25. 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
51
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second 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 26. 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 27. Section 334.30, Florida Statutes, is
31 amended to read:
52
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 334.30 Public-private Private transportation
2 facilities.--The Legislature hereby finds and declares that
3 there is a public need for rapid construction of safe and
4 efficient transportation facilities for the purpose of travel
5 within the state, and that it is in the public's interest to
6 provide for public-private partnership agreements to
7 effectuate the construction of additional safe, convenient,
8 and economical transportation facilities.
9 (1) The department may receive or solicit proposals
10 and, with legislative approval by a separate bill for each
11 facility, enter into agreements with private entities, or
12 consortia thereof, for the building, operation, ownership, or
13 financing of transportation facilities. The department is
14 authorized to adopt rules to implement this section and shall
15 by rule establish an application fee for the submission of
16 proposals under this section. The fee must be sufficient to
17 pay the costs of evaluating the proposals. The department may
18 engage the services of private consultants to assist in the
19 evaluation. Before seeking legislative approval, the
20 department must determine that the proposed project:
21 (a) Is in the public's best interest.;
22 (b) Would not require state funds to be used unless
23 there is an overriding state interest; however, the department
24 may use state resources for a transportation facility project
25 that is on the State Highway System or that provides for
26 increased mobility on the state's transportation system. and
27 (c) Would have adequate safeguards in place to ensure
28 that no additional costs or service disruptions would be
29 realized by the traveling public and citizens of the state in
30 the event of default or cancellation of the agreement by the
31 department.
53
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1
2 The department shall ensure that all reasonable costs to the
3 state related to transportation facilities that are not part
4 of the State Highway System are borne by the public-private
5 entity. The department shall also ensure that all reasonable
6 costs to the state, and substantially affected local
7 governments, and utilities, related to the private
8 transportation facility, are borne by the public-private
9 private entity for transportation facilities that are owned by
10 private entities.
11 (2) The use of funds from the State Transportation
12 Trust Fund is limited to advancing projects already programmed
13 in the adopted 5-year work program or to no more than a
14 statewide total of $50 million in capital costs for all
15 projects not programmed in the adopted 5-year work program.
16 (3) The department may request proposals for
17 public-private transportation projects or, if the department
18 receives an unsolicited proposal, shall publish a notice in
19 the Florida Administrative Weekly and a newspaper of general
20 circulation at least once a week for 2 weeks, stating that the
21 department has received the proposal and will accept, for 60
22 days after the initial date of publication, other proposals
23 for the same project purpose. A copy of the notice must be
24 mailed to each local government in the affected area. After
25 the public notification period has expired, the department
26 shall then rank the proposals in order of preference. In
27 ranking the proposals, the department may consider, but is not
28 limited to considering, professional qualifications, general
29 business terms, innovative engineering or cost-reduction
30 terms, finance plans, and the need for state funds to deliver
31 the proposal. The department shall negotiate with the
54
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 top-ranked proposer in good faith, and if the department is
2 not satisfied with the results of said negotiations, the
3 department may, at its sole discretion, terminate negotiations
4 with said proposer. If these negotiations are unsuccessful,
5 the department may go to the second and lower-ranked firms in
6 order using this same procedure. If only one proposal is
7 received, the department may negotiate in good faith, and if
8 the department is not satisfied with the results of said
9 negotiations, the department may, at its sole discretion,
10 terminate negotiations with the said proposers.
11 Notwithstanding any other provision of this subsection, the
12 department may, at its sole discretion, reject all proposals
13 at any point in the process up to completion of a contract
14 with the proposer.
15 (4) The department shall not commit funds in excess of
16 the limitation in subsection (2) without specific project
17 approval by the Legislature.
18 (5)(2) Agreements entered into pursuant to this
19 section may authorize the private entity to impose tolls or
20 fares for the use of the facility. However, the amount and
21 use of toll or fare revenues may be regulated by the
22 department to avoid unreasonable costs to users of the
23 facility.
24 (6)(3) Each private transportation facility
25 constructed pursuant to this section shall comply with all
26 requirements of federal, state, and local laws; state,
27 regional, and local comprehensive plans; department rules,
28 policies, procedures, and standards for transportation
29 facilities; and any other conditions which the department
30 determines to be in the public's best interest.
31
55
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (7)(4) The department may exercise any power possessed
2 by it, including eminent domain, with respect to the
3 development and construction of state transportation projects
4 to facilitate the development and construction of
5 transportation projects pursuant to this section. For
6 public-private facilities located on the State Highway System,
7 the department may pay all or part of the cost of operating
8 and maintaining the facility. For facilities not located on
9 the State Highway System, the department may provide services
10 to the private entity and. agreements for maintenance, law
11 enforcement, and other services entered into pursuant to this
12 section shall provide for full reimbursement for services
13 rendered.
14 (8)(5) Except as herein provided, the provisions of
15 this section are not intended to amend existing laws by
16 granting additional powers to, or further restricting, local
17 governmental entities from regulating and entering into
18 cooperative arrangements with the private sector for the
19 planning, construction, and operation of transportation
20 facilities.
21 (9) The department shall have the authority to create
22 or assist in the creation of tax-exempt, public-purpose
23 Internal Revenue Service Ruling 63-20 corporations as provided
24 for under the Internal Revenue Code. Any bonds issued by the
25 63-20 corporation shall be payable solely from and secured by
26 a lien upon and pledge of the revenues received by the 63-20
27 corporation. Any bonds issued by the 63-20 corporation shall
28 not be or constitute a general indebtedness of the State of
29 Florida, any department or agency thereof, or any political
30 subdivision thereof within the meaning of any constitutional
31 or statutory provision or limitation. The full faith and
56
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 credit of the State of Florida shall not be pledged to the
2 payment of the principal of or interest on the bonds issued by
3 the 63-20 corporation. No owner of any of the bonds shall ever
4 have the right to require or compel the exercise of the taxing
5 power of the State of Florida or any department or agency of
6 the state for payment thereof, and the bonds shall not
7 constitute a lien upon any property owned by the State of
8 Florida or any department or agency of the state. Bonds issued
9 by the 63-20 corporation shall be rated investment grade by a
10 nationally recognized credit rating agency. Nothing in this
11 subsection is intended to prohibit credit enhancement of such
12 bonds, whether provided by private or governmental sources
13 other than sources backed by the taxing power of the State of
14 Florida. Nothing in this subsection is intended to prohibit
15 the pledging of additional funds or revenues from private
16 sources to secure such bonds. Internal Revenue Service Ruling
17 63-20 corporations may receive State Transportation Trust Fund
18 grants and loans from the department. The department shall be
19 empowered to enter into public-private partnership agreements
20 with Internal Revenue Service Ruling 63-20 corporations for
21 projects under this section but shall not agree to expend any
22 funds not appropriated for this purpose. The provisions of s.
23 339.135(6) shall apply to such agreements.
24 (10) The department may lend funds from the Toll
25 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
26 Internal Revenue Service Ruling 63-20 corporations that
27 construct projects containing toll facilities approved under
28 this section. To be eligible, the Internal Revenue Service
29 Ruling 63-20 corporation must meet the provisions of s.
30 338.251 and must either provide an indication from a
31 nationally recognized rating agency that the senior bonds of
57
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 the 63-20 corporation will be investment grade or must provide
2 credit support, such as a letter of credit or other means
3 acceptable to the department, to ensure that the loans will be
4 fully repaid as required by law. The state's liability for
5 debt of a facility shall be limited to the amount approved for
6 that specific facility in the department's 5-year work program
7 adopted pursuant to s. 339.135.
8 (11)(6) Notwithstanding s. 341.327, a fixed-guideway
9 transportation system authorized by the department to be
10 wholly or partially within the department's right-of-way
11 pursuant to a lease granted under s. 337.251 may operate at
12 any safe speed.
13 Section 28. Paragraph (m) of subsection (2) of section
14 348.0004, Florida Statutes, is repealed.
15 Section 29. Subsection (9) is added to section
16 348.0004, Florida Statutes, to read:
17 348.0004 Purposes and powers.--
18 (9) The Legislature hereby finds and declares that
19 there is a public need for rapid construction of safe and
20 efficient transportation facilities for the purpose of travel
21 within the state and that it is in the public's interest to
22 provide for public-private partnership agreements to
23 effectuate the construction of additional safe, convenient,
24 and economical transportation facilities.
25 (a) An expressway authority in any county as defined
26 in s. 125.011(1) or created by chapter 348 may receive or
27 solicit proposals and enter into agreements with private
28 entities, or consortia thereof, for the building, operation,
29 ownership, or financing or extensions or other improvements to
30 existing expressway authority transportation facilities or new
31 transportation facilities that are within the jurisdiction of
58
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 such an expressway authority. Such an expressway authority is
2 authorized to adopt rules to implement this subsection and
3 shall by rule establish an application fee for the submission
4 of unsolicited proposals under this subsection. The fee must
5 be sufficient to pay the costs of evaluating the proposals.
6 Such an expressway authority may engage the services of
7 private consultants to assist in the evaluation. Before
8 approval, such an expressway authority must determine that the
9 proposed project:
10 1. Is in the public's best interest.
11 2. Would have adequate safeguards in place to ensure
12 that no additional costs or service disruptions would be
13 realized by the traveling public and citizens of the state in
14 the event of default by the private entity or consortium or
15 cancellation of the agreement by such expressway authority.
16 (b) Such an expressway authority may request proposals
17 for public-private transportation projects or, if such an
18 expressway authority receives an unsolicited proposal that it
19 has an interest in evaluating, it shall publish a notice in
20 the Florida Administrative Weekly and a newspaper of general
21 circulation in the county in which such expressway authority
22 is located at least once a week for 2 weeks stating that such
23 expressway authority has received the proposal and will
24 accept, for 60 days after the initial date of publication,
25 other proposals for the same project purpose. A copy of the
26 notice must be mailed to each local government in the affected
27 areas. After the public notification period has expired, the
28 expressway authority shall then rank the proposals in order of
29 preference. In ranking the proposals, the expressway authority
30 may consider, but is not limited to considering, professional
31 qualifications, general business terms, innovative engineering
59
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 or cost-reduction terms, finance plans, and the need for state
2 funds to deliver the proposal. The expressway authority shall
3 negotiate with the top-ranked proposer in good faith, and if
4 the expressway authority is not satisfied with the results of
5 said negotiations, the expressway authority may, at its sole
6 discretion, terminate negotiations with said proposer. If
7 these negotiations are unsuccessful, the expressway authority
8 may go to the second and lower-ranked firms in order using
9 this same procedure. If only one proposal is received, the
10 expressway authority may negotiate in good faith, and if the
11 expressway authority is not satisfied with the results of said
12 negotiations, the expressway authority may, at its sole
13 discretion, terminate negotiations with the said proposers.
14 Notwithstanding any other provision of this paragraph, the
15 expressway authority may, at its sole discretion, reject all
16 proposals at any point in the process up to completion of a
17 contract with the proposer.
18 (c) Agreements entered into pursuant to this
19 subsection may authorize the private entity to impose tolls or
20 fares for the use of the facility. However, the amount and
21 use of toll or fare revenues may be regulated by such an
22 expressway authority to avoid unreasonable costs to users of
23 the facility.
24 (d) Each transportation facility constructed pursuant
25 to this subsection shall comply with all requirements of
26 federal, state, and local laws; state, regional, and local
27 comprehensive plans; such expressway authority's rules,
28 policies, procedures, and standards for transportation
29 facilities; and any other conditions such expressway authority
30 determines to be in the public's best interest.
31
60
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (e) Such an expressway authority may exercise any
2 power possessed by it, including eminent domain, with respect
3 to the development and construction of transportation projects
4 to facilitate the development and construction of
5 transportation projects pursuant to this subsection. Such an
6 expressway authority may pay all or part of the cost of
7 operating and maintaining the facility or may provide services
8 to the private entity for which it shall be entitled to
9 receive full or partial reimbursement for services rendered.
10 (f) Except as herein provided, the provisions of this
11 subsection are not intended to amend existing laws by further
12 expanding or further restricting the authority of local
13 governmental entities to regulate and enter into cooperative
14 arrangements with the private sector for the planning,
15 construction, and operation of transportation facilities.
16 (g) Such an expressway authority shall have the
17 authority to create or assist in the creation of tax-exempt,
18 public-purpose Internal Revenue Service Ruling 63-20
19 corporations as provided for under the Internal Revenue Code.
20 Any bonds issued by the 63-20 corporation shall be payable
21 solely from and secured by a lien upon and pledge of the
22 revenues received by the 63-20 corporation. Any bonds issued
23 by the 63-20 corporation shall not be or constitute a general
24 indebtedness of the State of Florida, any department or agency
25 thereof, or any political subdivision thereof within the
26 meaning of any constitutional or statutory provision or
27 limitation. The full faith and credit of the State of Florida
28 shall not be pledged to the payment of the principal of or
29 interest on the bonds issued by the 63-20 corporation. No
30 owner of any of the bonds shall ever have the right to require
31 or compel the exercise of the taxing power of the State of
61
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Florida or any department or agency of the state for payment
2 thereof, and the bonds shall not constitute a lien upon any
3 property owned by the State of Florida or any department or
4 agency of the state. Bonds issued by the 63-20 corporation
5 shall be rated investment grade by a nationally recognized
6 credit rating agency. Nothing in this paragraph is intended to
7 prohibit credit enhancement of such bonds, whether provided by
8 private or governmental sources other than sources backed by
9 the taxing power of the State of Florida. Nothing in this
10 paragraph is intended to prohibit the pledging of additional
11 funds or revenues from private sources to secure such bonds.
12 Such an expressway authority shall be empowered to enter into
13 public-private partnership agreements with Internal Revenue
14 Service Ruling 63-20 corporations for projects under this
15 subsection.
16 (h) Such an expressway authority or Internal Revenue
17 Service Ruling 63-20 corporation created under this subsection
18 shall be entitled to apply for grants and loans from the
19 department for projects under this subsection, subject to the
20 same eligibility criteria and other terms and conditions as
21 would apply to projects of such an expressway authority
22 undertaken without private participation.
23 Section 30. Section 335.066, Florida Statutes, is
24 created to read:
25 335.066 Safe Paths to Schools Program.--
26 (1) There is hereby established within the Department
27 of Transportation the Safe Paths to Schools Program to
28 consider the planning and construction of bicycle and
29 pedestrian ways to provide safe transportation for children
30 from neighborhoods to schools, parks, and the state's
31 greenways and trails system.
62
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (2) As a part of the Safe Paths to Schools Program,
2 the department may establish a grant program to fund local,
3 regional, and state bicycle and pedestrian projects that
4 support the program.
5 (3) The department may adopt appropriate rules for the
6 administration of the Safe Paths to Schools Program.
7 Section 31. Subsection (4) is added to section 336.41,
8 Florida Statutes, to read:
9 336.41 Counties; employing labor and providing road
10 equipment; accounting; when competitive bidding required.--
11 (4)(a) For contracts in excess of $250,000, any county
12 may require that persons interested in performing work under
13 the contract first be certified or qualified to do the work.
14 Any contractor prequalified and considered eligible to bid by
15 the department to perform the type of work described under the
16 contract shall be presumed to be qualified to perform the work
17 so described. Any contractor may be considered ineligible to
18 bid by the county if the contractor is behind an approved
19 progress schedule by 10 percent or more on another project for
20 that county at the time of the advertisement of the work. The
21 county may provide an appeal process to overcome such
22 consideration with de novo review based on the record below to
23 the circuit court.
24 (b) The county shall publish prequalification criteria
25 and procedures prior to advertisement or notice of
26 solicitation. Such publications shall include notice of a
27 public hearing for comment on such criteria and procedures
28 prior to adoption. The procedures shall provide for an appeal
29 process within the county for objections to the
30 prequalification process with de novo review based on the
31 record below to the circuit court.
63
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (c) The county shall also publish for comment, prior
2 to adoption, the selection criteria and procedures to be used
3 by the county if such procedures would allow selection of
4 other than the lowest responsible bidder. The selection
5 criteria shall include an appeal process within the county
6 with de novo review based on the record below to the circuit
7 court.
8 Section 32. Subsection (2) of section 336.44, Florida
9 Statutes, is amended to read:
10 336.44 Counties; contracts for construction of roads;
11 procedure; contractor's bond.--
12 (2) Such contracts shall be let to the lowest
13 responsible competent bidder, after publication of notice for
14 bids containing specifications furnished by the commissioners
15 in a newspaper published in the county where such contract is
16 made, at least once each week for 2 consecutive weeks prior to
17 the making of such contract.
18 Section 33. Effective July 1, 2003, paragraph (a) of
19 subsection (7) of section 337.11, Florida Statutes, as amended
20 by section 4 of chapter 2001-350, Laws of Florida, is amended
21 to read:
22 337.11 Contracting authority of department; bids;
23 emergency repairs, supplemental agreements, and change orders;
24 combined design and construction contracts; progress payments;
25 records, requirements of vehicle registration.--
26 (7)(a) If the head of the department determines that
27 it is in the best interests of the public, the department may
28 combine the right-of-way services and design and construction
29 phases of a building, a major bridge, a limited access
30 facility, or a rail corridor project into a single
31 contract. Such contract is referred to as a design-build
64
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 contract. Design-build contracts may be advertised and awarded
2 notwithstanding the requirements of paragraph (3)(c). However,
3 construction activities may not begin on any portion of such
4 projects until title to the necessary rights-of-way and
5 easements for the construction of that portion of the project
6 has vested in the state or a local governmental entity and all
7 railroad crossing and utility agreements have been executed.
8 Title to rights-of-way vests in the state when the title has
9 been dedicated to the public or acquired by prescription.
10 Section 34. Effective July 1, 2005, paragraph (a) of
11 subsection (7) of section 337.11, Florida Statutes, as amended
12 by this act, is amended to read:
13 337.11 Contracting authority of department; bids;
14 emergency repairs, supplemental agreements, and change orders;
15 combined design and construction contracts; progress payments;
16 records, requirements of vehicle registration.--
17 (7)(a) If the head of the department determines that
18 it is in the best interests of the public, the department may
19 combine the right-of-way services and design and construction
20 phases of a building, a major bridge, a limited access
21 facility, or a rail corridor project into a single contract.
22 Such contract is referred to as a design-build contract.
23 Design-build contracts may be advertised and awarded
24 notwithstanding the requirements of paragraph (3)(c). However,
25 construction activities may not begin on any portion of such
26 projects until title to the necessary rights-of-way and
27 easements for the construction of that portion of the project
28 has vested in the state or a local governmental entity and all
29 railroad crossing and utility agreements have been executed.
30 Title to rights-of-way vests in the state when the title has
31 been dedicated to the public or acquired by prescription.
65
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Section 35. Subsection (4) of section 337.14, Florida
2 Statutes, is amended, and subsection (9) is added to said
3 section, to read:
4 337.14 Application for qualification; certificate of
5 qualification; restrictions; request for hearing.--
6 (4) If the applicant is found to possess the
7 prescribed qualifications, the department shall issue to him
8 or her a certificate of qualification that which, unless
9 thereafter revoked by the department for good cause, will be
10 valid for a period of 18 16 months after from the date of the
11 applicant's financial statement or such shorter period as the
12 department prescribes may prescribe. If In the event the
13 department finds that an application is incomplete or contains
14 inadequate information or information that which cannot be
15 verified, the department may request in writing that the
16 applicant provide the necessary information to complete the
17 application or provide the source from which any information
18 in the application may be verified. If the applicant fails to
19 comply with the initial written request within a reasonable
20 period of time as specified therein, the department shall
21 request the information a second time. If the applicant fails
22 to comply with the second request within a reasonable period
23 of time as specified therein, the application shall be denied.
24 (9)(a) Notwithstanding any other law to the contrary,
25 for contracts in excess of $250,000, an authority created
26 pursuant to chapter 348 or chapter 349 may require that
27 persons interested in performing work under contract first be
28 certified or qualified to do the work. Any contractor may be
29 considered ineligible to bid by the governmental entity or
30 authority if the contractor is behind an approved progress
31 schedule for the governmental entity or authority by 10
66
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 percent or more at the time of advertisement of the work. Any
2 contractor prequalified and considered eligible by the
3 department to bid to perform the type of work described under
4 the contract shall be presumed to be qualified to perform the
5 work so described. The governmental entity or authority may
6 provide an appeal process to overcome that presumption with de
7 novo review based on the record below to the circuit court.
8 (b) With respect to contractors not prequalified with
9 the department, the authority shall publish prequalification
10 criteria and procedures prior to advertisement or notice of
11 solicitation. Such publications shall include notice of a
12 public hearing for comment on such criteria and procedures
13 prior to adoption. The procedures shall provide for an appeal
14 process within the authority for objections to the
15 prequalification process with de novo review based on the
16 record below to the circuit court within 30 days.
17 (c) An authority may establish criteria and procedures
18 under which contractor selection may occur on a basis other
19 than the lowest responsible bidder. Prior to adoption, the
20 authority shall publish for comment the proposed criteria and
21 procedures. Review of the adopted criteria and procedures
22 shall be to the circuit court, within 30 days after adoption,
23 with de novo review based on the record below.
24 Section 36. Subsection (2) of section 337.401, Florida
25 Statutes, is amended to read:
26 337.401 Use of right-of-way for utilities subject to
27 regulation; permit; fees.--
28 (2) The authority may grant to any person who is a
29 resident of this state, or to any corporation which is
30 organized under the laws of this state or licensed to do
31 business within this state, the use of a right-of-way for the
67
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 utility in accordance with such rules or regulations as the
2 authority may adopt. No utility shall be installed, located,
3 or relocated unless authorized by a written permit issued by
4 the authority. However, for public roads or publicly owned
5 rail corridors under the jurisdiction of the department, a
6 utility relocation schedule and relocation agreement may be
7 executed in lieu of a written permit. The permit shall require
8 the permitholder to be responsible for any damage resulting
9 from the issuance of such permit. The authority may initiate
10 injunctive proceedings as provided in s. 120.69 to enforce
11 provisions of this subsection or any rule or order issued or
12 entered into pursuant thereto.
13 Section 37. Subsection (3) of section 337.408, Florida
14 Statutes, is amended, subsection (5) is renumbered as
15 subsection (6), and a new subsection (5) is added to said
16 section to read:
17 337.408 Regulation of benches, transit shelters,
18 street light poles, and waste disposal receptacles within
19 rights-of-way.--
20 (3) The department has the authority to direct the
21 immediate relocation or removal of any bench, transit shelter,
22 or waste disposal receptacle which endangers life or property,
23 except that transit bus benches which have been placed in
24 service prior to April 1, 1992, do not have to comply with
25 bench size and advertising display size requirements which
26 have been established by the department prior to March 1,
27 1992. Any transit bus bench that was in service prior to
28 April 1, 1992, may be replaced with a bus bench of the same
29 size or smaller, if the bench is damaged or destroyed or
30 otherwise becomes unusable. The Department is authorized to
31 promulgate rules relating to the regulation of bench size and
68
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 advertising display size requirements. However, if a
2 municipality or county within which a bench is to be located
3 has adopted an ordinance or other applicable regulation that
4 establishes bench size or advertising display sign
5 requirements different from requirements specified in
6 department rule, then the local government requirement shall
7 be applicable within the respective municipality or county.
8 Placement of any bench or advertising display on the National
9 Highway System under a local ordinance or regulation adopted
10 pursuant to this subsection shall be subject to approval of
11 the Federal Highway Administration.
12 (5) Street light poles, including attached public
13 service messages and advertisements, may be located within the
14 right-of-way limits of municipal and county roads in the same
15 manner as benches, transit shelters, and waste disposal
16 receptacles as provided in this section and in accordance with
17 municipal and county ordinances. Public service messages and
18 advertisements may be installed on street light poles on roads
19 on the State Highway System in accordance with height, size,
20 setback, spacing distance, duration of display, safety,
21 traffic control, and permitting requirements established by
22 administrative rule of the Department of Transportation.
23 Public service messages and advertisements shall be subject to
24 bilateral agreements, where applicable, to be negotiated with
25 the owner of the street light poles, which shall consider,
26 among other things, power source rates, design, safety,
27 operational and maintenance concerns, and other matters of
28 public importance. For the purposes of this section, the term
29 "street light poles" does not include electric transmission or
30 distribution poles. The department shall have authority to
31 establish administrative rules to implement this subsection.
69
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 No advertising on light poles shall be permitted on the
2 Interstate Highway System. No permanent structures carrying
3 advertisements attached to light poles shall be permitted on
4 the National Highway System.
5 Section 38. Subsections (1) and (2) of section 339.08,
6 Florida Statutes, are amended to read:
7 339.08 Use of moneys in State Transportation Trust
8 Fund.--
9 (1) The department shall expend by rule provide for
10 the expenditure of the moneys in the State Transportation
11 Trust Fund accruing to the department, in accordance with its
12 annual budget.
13 (2) These rules must restrict The use of such moneys
14 is restricted to the following purposes:
15 (a) To pay administrative expenses of the department,
16 including administrative expenses incurred by the several
17 state transportation districts, but excluding administrative
18 expenses of commuter rail authorities that do not operate rail
19 service.
20 (b) To pay the cost of construction of the State
21 Highway System.
22 (c) To pay the cost of maintaining the State Highway
23 System.
24 (d) To pay the cost of public transportation projects
25 in accordance with chapter 341 and ss. 332.003-332.007.
26 (e) To reimburse counties or municipalities for
27 expenditures made on projects in the State Highway System as
28 authorized by s. 339.12(4) upon legislative approval.
29 (f) To pay the cost of economic development
30 transportation projects in accordance with s. 288.063.
31
70
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (g) To lend or pay a portion of the operating,
2 maintenance, and capital costs of a revenue-producing
3 transportation project that is located on the State Highway
4 System or that is demonstrated to relieve traffic congestion
5 on the State Highway System.
6 (h) To match any federal-aid funds allocated for any
7 other transportation purpose, including funds allocated to
8 projects not located in the State Highway System.
9 (i) To pay the cost of county road projects selected
10 in accordance with the Small County Road Assistance Program
11 created in s. 339.2816.
12 (j) To pay the cost of county or municipal road
13 projects selected in accordance with the County Incentive
14 Grant Program created in s. 339.2817 and the Small County
15 Outreach Program created in s. 339.2818.
16 (k) To provide loans and credit enhancements for use
17 in constructing and improving highway transportation
18 facilities selected in accordance with the state-funded
19 infrastructure bank created in s. 339.55.
20 (l) To fund the Transportation Outreach Program
21 created in s. 339.137.
22 (m) To pay other lawful expenditures of the
23 department.
24 Section 39. Subsection (5) of section 339.12, Florida
25 Statutes, is amended, and subsection (10) is added to said
26 section, to read:
27 339.12 Aid and contributions by governmental entities
28 for department projects; federal aid.--
29 (5) The department and the governing body of a
30 governmental entity may enter into an agreement by which the
31 governmental entity agrees to perform a highway project or
71
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 project phase in the department's adopted work program that is
2 not revenue producing or any public transportation project in
3 the adopted work program. By specific provision in the written
4 agreement between the department and the governing body of the
5 governmental entity, the department may agree to compensate
6 reimburse the governmental entity the actual cost of for the
7 project or project phase contained in the adopted work
8 program. Compensation Reimbursement to the governmental entity
9 for such project or project phases must be made from funds
10 appropriated by the Legislature, and compensation
11 reimbursement for the cost of the project or project phase is
12 to begin in the year the project or project phase is scheduled
13 in the work program as of the date of the agreement.
14 (10) Any county with a population greater than 50,000
15 that levies the full 6 cents of local option fuel tax pursuant
16 to ss. 206.41(1)(e) and 206.87(1)(c), or that dedicates 35
17 percent or more of its discretionary sales surtax, pursuant to
18 s. 212.055, for improvements to the state transportation
19 system or to local projects directly upgrading the state
20 transportation system within the county's boundaries shall
21 receive preference for receipt of any transportation grant for
22 which the county applies. This subsection shall not apply to
23 loans or nonhighway grant programs.
24 Section 40. Subsections (2) and (5) of section 339.55,
25 Florida Statutes, are amended to read:
26 339.55 State-funded infrastructure bank.--
27 (2) The bank may lend capital costs or provide credit
28 enhancements for a transportation facility project that is on
29 the State Highway System or that provides for increased
30 mobility on the state's transportation system or provides
31 intermodal connectivity with airports, seaports, rail
72
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 facilities, and other transportation terminals, pursuant to s.
2 341.053, for the movement of people and goods. Loans from the
3 bank may be subordinated to senior project debt that has an
4 investment grade rating of "BBB" or higher.
5 (5) The department may consider, but is not limited
6 to, the following criteria for evaluation of projects for
7 assistance from the bank:
8 (a) The credit worthiness of the project.
9 (b) A demonstration that the project will encourage,
10 enhance, or create economic benefits.
11 (c) The likelihood that assistance would enable the
12 project to proceed at an earlier date than would otherwise be
13 possible.
14 (d) The extent to which assistance would foster
15 innovative public-private partnerships and attract private
16 debt or equity investment.
17 (e) The extent to which the project would use new
18 technologies, including intelligent transportation systems,
19 that would enhance the efficient operation of the project.
20 (f) The extent to which the project would maintain or
21 protect the environment.
22 (g) A demonstration that the project includes
23 transportation benefits for improving intermodalism, cargo and
24 freight movement, and safety.
25 (h) The amount of the proposed assistance as a
26 percentage of the overall project costs with emphasis on local
27 and private participation.
28 (i) The extent to which the project will provide for
29 connectivity between the State Highway System and airports,
30 seaports, rail facilities, and other transportation terminals
31
73
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 and intermodal options pursuant to s. 341.053 for the
2 increased accessibility and movement of people and goods.
3 Section 41. Subsections (8) and (10) of section
4 341.031, Florida Statutes, are amended to read:
5 341.031 Definitions relating to Florida Public Transit
6 Act.--As used in ss. 341.011-341.061, the term:
7 (8) "Public transit service development project" means
8 a project undertaken by a public agency to determine whether a
9 new or innovative technique or measure can be utilized to
10 improve or expand public transit services to its constituency.
11 The duration of the project shall be limited according to the
12 type of the project in conformance with the provisions of s.
13 341.051(5)(e)(f), but in no case shall exceed a period of 3
14 years. Public transit service development projects
15 specifically include projects involving the utilization of new
16 technologies, services, routes, or vehicle frequencies; the
17 purchase of special transportation services; and other such
18 techniques for increasing service to the riding public as are
19 applicable to specific localities and transit user groups.
20 (10) "Transit corridor project" means a project that
21 is undertaken by a public agency and designed to relieve
22 congestion and improve capacity within an identified
23 transportation corridor by increasing people-carrying capacity
24 of the system through the use and facilitated movement of
25 high-occupancy conveyances. Each transit corridor project
26 must meet the requirements established in s. 341.051(5)(d)(e)
27 and, if applicable, the requirements of the department's major
28 capital investment policy developed pursuant to s.
29 341.051(5)(b). Initial project duration shall not exceed a
30 period of 2 years unless the project is reauthorized by the
31 Legislature. Such reauthorization shall be based upon a
74
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 determination that the project is meeting or exceeding the
2 criteria, developed pursuant to s. 341.051(5)(d)(e), by which
3 the success of the project is being judged and by inclusion of
4 the project in a departmental appropriation request.
5 Section 42. Subsection (5) of section 341.051, Florida
6 Statutes, is amended to read:
7 341.051 Administration and financing of public transit
8 programs and projects.--
9 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
10 (a) The department may fund up to 50 percent of the
11 nonfederal share of the costs, not to exceed the local share,
12 of any eligible public transit capital project or commuter
13 assistance project that is local in scope; except, however,
14 that departmental participation in the final design,
15 right-of-way acquisition, and construction phases of an
16 individual fixed-guideway project which is not approved for
17 federal funding shall not exceed an amount equal to 12.5
18 percent of the total cost of each phase.
19 (b) The Department of Transportation shall develop a
20 major capital investment policy which shall include policy
21 criteria and guidelines for the expenditure or commitment of
22 state funds for public transit capital projects. The policy
23 shall include the following:
24 1. Methods to be used to determine consistency of a
25 transit project with the approved local government
26 comprehensive plans of the units of local government in which
27 the project is located.
28 2. Methods for evaluating the level of local
29 commitment to a transit project, which is to be demonstrated
30 through system planning and the development of a feasible plan
31 to fund operating cost through fares, value capture techniques
75
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 such as joint development and special districts, or other
2 local funding mechanisms.
3 3. Methods for evaluating alternative transit systems
4 including an analysis of technology and alternative methods
5 for providing transit services in the corridor.
6 (b)(c) The department is authorized to fund up to 100
7 percent of the cost of any eligible transit capital project or
8 commuter assistance project that is statewide in scope or
9 involves more than one county where no other governmental
10 entity or appropriate jurisdiction exists.
11 (c)(d) The department is authorized to advance up to
12 80 percent of the capital cost of any eligible project that
13 will assist Florida's transit systems in becoming fiscally
14 self-sufficient. Such advances shall be reimbursed to the
15 department on an appropriate schedule not to exceed 5 years
16 after the date of provision of the advances.
17 (d)(e) The department is authorized to fund up to 100
18 percent of the capital and net operating costs of statewide
19 transit service development projects or transit corridor
20 projects. All transit service development projects shall be
21 specifically identified by way of a departmental appropriation
22 request, and transit corridor projects shall be identified as
23 part of the planned improvements on each transportation
24 corridor designated by the department. The project objectives,
25 the assigned operational and financial responsibilities, the
26 timeframe required to develop the required service, and the
27 criteria by which the success of the project will be judged
28 shall be documented by the department for each such transit
29 service development project or transit corridor project.
30 (e)(f) The department is authorized to fund up to 50
31 percent of the capital and net operating costs of transit
76
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 service development projects that are local in scope and that
2 will improve system efficiencies, ridership, or revenues. All
3 such projects shall be identified in the appropriation request
4 of the department through a specific program of projects, as
5 provided for in s. 341.041, that is selectively applied in the
6 following functional areas and is subject to the specified
7 times of duration:
8 1. Improving system operations, including, but not
9 limited to, realigning route structures, increasing system
10 average speed, decreasing deadhead mileage, expanding area
11 coverage, and improving schedule adherence, for a period of up
12 to 3 years;
13 2. Improving system maintenance procedures, including,
14 but not limited to, effective preventive maintenance programs,
15 improved mechanics training programs, decreasing service
16 repair calls, decreasing parts inventory requirements, and
17 decreasing equipment downtime, for a period of up to 3 years;
18 3. Improving marketing and consumer information
19 programs, including, but not limited to, automated information
20 services, organized advertising and promotion programs, and
21 signing of designated stops, for a period of up to 2 years;
22 and
23 4. Improving technology involved in overall
24 operations, including, but not limited to, transit equipment,
25 fare collection techniques, electronic data processing
26 applications, and bus locators, for a period of up to 2 years.
27
28 For purposes of this section, the term "net operating costs"
29 means all operating costs of a project less any federal funds,
30 fares, or other sources of income to the project.
31
77
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Section 43. Subsection (6) of section 341.053, Florida
2 Statutes, is amended to read:
3 341.053 Intermodal Development Program;
4 administration; eligible projects; limitations.--
5 (6) The department is authorized to fund projects
6 within the Intermodal Development Program, which are
7 consistent, to the maximum extent feasible, with approved
8 local government comprehensive plans of the units of local
9 government in which the project is located. Projects that are
10 eligible for funding under this program include major capital
11 investments in public rail and fixed-guideway transportation
12 facilities and systems which provide intermodal access and
13 which, if approved after July 1, 1991, have complied with the
14 requirement of the department's major capital investment
15 policy; road, rail, or fixed-guideway access to, from, or
16 between seaports, airports, and other transportation
17 terminals; construction of intermodal or multimodal terminals;
18 development and construction of dedicated bus lanes; and
19 projects which otherwise facilitate the intermodal or
20 multimodal movement of people and goods.
21 Section 44. Section 341.501, Florida Statutes, is
22 amended to read:
23 341.501 High-technology transportation systems; joint
24 project agreement or assistance.--Notwithstanding any other
25 provision of law, the Department of Transportation may enter
26 into a joint project agreement with, or otherwise assist,
27 private or public entities, or consortia thereof, to
28 facilitate the research, development, and demonstration of
29 high-technology transportation systems, including, but not
30 limited to, systems using magnetic levitation technology. The
31 provisions of the Florida High-Speed Rail Transportation Act,
78
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 ss. 341.3201-341.386, do not apply to actions taken under this
2 section, and the department may, subject to s. 339.135,
3 provide funds to match any available federal aid or aid from
4 other states or jurisdictions for effectuating the research,
5 development, and demonstration of high-technology
6 transportation systems. To be eligible for funding under this
7 section, the project must be located in Florida.
8 Section 45. Paragraph (d) of subsection (2) of section
9 348.0003, Florida Statutes, is amended to read:
10 348.0003 Expressway authority; formation;
11 membership.--
12 (2) The governing body of an authority shall consist
13 of not fewer than five nor more than nine voting members. The
14 district secretary of the affected department district shall
15 serve as a nonvoting member of the governing body of each
16 authority located within the district. Each member of the
17 governing body must at all times during his or her term of
18 office be a permanent resident of the county which he or she
19 is appointed to represent.
20 (d) Notwithstanding any provision to the contrary in
21 this subsection, in any county as defined in s. 125.011(1),
22 the governing body of an authority shall consist of up to 13
23 members, and the following provisions of this paragraph shall
24 apply specifically to such authority. Except for the district
25 secretary of the department, the members must be residents of
26 the county. Seven voting members shall be appointed by the
27 governing body of the county. At the discretion of the
28 governing body of the county, up to two of the members
29 appointed by the governing body of the county may be elected
30 officials residing in the county. Five voting members of the
31 authority shall be appointed by the Governor. One member shall
79
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 be the district secretary of the department serving in the
2 district that contains such county. This member shall be an ex
3 officio voting member of the authority. If the governing board
4 of an authority includes any member originally appointed by
5 the governing body of the county as a nonvoting member, when
6 the term of such member expires, that member shall be replaced
7 by a member appointed by the Governor until the governing body
8 of the authority is composed of seven members appointed by the
9 governing body of the county and five members appointed by the
10 Governor. The qualifications, terms of office, and obligations
11 and rights of members of the authority shall be determined by
12 resolution or ordinance of the governing body of the county in
13 a manner that is consistent with subsections (3) and (4).
14 Section 46. Section 348.0008, Florida Statutes, is
15 amended to read:
16 348.0008 Acquisition of lands and property.--
17 (1) For the purposes of the Florida Expressway
18 Authority Act, an expressway authority may acquire such
19 rights, title, or interest in private or public property and
20 such property rights, including easements, rights of access,
21 air, view, and light, by gift, devise, purchase, or
22 condemnation by eminent domain proceedings, as the authority
23 may deem necessary for any of the purposes of the Florida
24 Expressway Authority Act, including, but not limited to, any
25 lands reasonably necessary for securing applicable permits,
26 areas necessary for management of access, borrow pits,
27 drainage ditches, water retention areas, rest areas,
28 replacement access for landowners whose access is impaired due
29 to the construction of an expressway system, and replacement
30 rights-of-way for relocated rail and utility facilities; for
31 existing, proposed, or anticipated transportation facilities
80
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 on the expressway system or in a transportation corridor
2 designated by the authority; or for the purposes of screening,
3 relocation, removal, or disposal of junkyards and scrap metal
4 processing facilities. The authority may also condemn any
5 material and property necessary for such purposes.
6 (2) An authority and its authorized agents,
7 contractors, and employees are authorized to enter upon any
8 lands, waters, and premises, upon giving reasonable notice to
9 the landowner, for the purpose of making surveys, soundings,
10 drillings, appraisals, environmental assessments including
11 phase I and phase II environmental surveys, archaeological
12 assessments, and such other examinations as are necessary for
13 the acquisition of private or public property and property
14 rights, including rights of access, air, view, and light, by
15 gift, devise, purchase, or condemnation by eminent domain
16 proceedings or as are necessary for the authority to perform
17 its duties and functions; and any such entry shall not be
18 deemed a trespass or an entry that would constitute a taking
19 in an eminent domain proceeding. An expressway authority shall
20 make reimbursement for any actual damage to such lands, water,
21 and premises as a result of such activities.
22 (3)(2) The right of eminent domain conferred by the
23 Florida Expressway Authority Act must be exercised by each
24 authority in the manner provided by law.
25 (4)(3) When an authority acquires property for an
26 expressway system or in a transportation corridor as defined
27 in s. 334.03, it is not subject to any liability imposed by
28 chapter 376 or chapter 403 for preexisting soil or groundwater
29 contamination due solely to its ownership. This subsection
30 does not affect the rights or liabilities of any past or
31 future owners of the acquired property nor does it affect the
81
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 liability of any governmental entity for the results of its
2 actions which create or exacerbate a pollution source. An
3 authority and the Department of Environmental Protection may
4 enter into interagency agreements for the performance,
5 funding, and reimbursement of the investigative and remedial
6 acts necessary for property acquired by the authority.
7 Section 47. Section 348.545, Florida Statutes, is
8 created to read:
9 348.545 Facility improvement; bond financing
10 authority.--Pursuant to s. 11(f), Art. VII of the State
11 Constitution, the Legislature hereby approves for bond
12 financing by the Tampa-Hillsborough County Expressway
13 Authority improvements to toll collection facilities,
14 interchanges to the legislatively approved expressway system,
15 and any other facility appurtenant, necessary, or incidental
16 to the approved system. Subject to terms and conditions of
17 applicable revenue bond resolutions and covenants, such
18 financing may be in whole or in part by revenue bonds
19 currently issued or issued in the future, or by a combination
20 of such bonds.
21 Section 48. Section 348.565, Florida Statutes, is
22 amended to read:
23 348.565 Revenue bonds for specified projects.--The
24 existing facilities that constitute the Tampa-Hillsborough
25 County Expressway System are hereby approved to be refinanced
26 by the issuance of revenue bonds by the Division of Bond
27 Finance of the State Board of Administration pursuant to s.
28 11(f), Art. VII of the State Constitution. In addition, the
29 following projects of the Tampa-Hillsborough County Expressway
30 Authority are approved to be financed or refinanced by the
31
82
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 issuance of revenue bonds pursuant to s. 11(f), Art. VII of
2 the State Constitution:
3 (1) Brandon area feeder roads.;
4 (2) Capital improvements to the expressway system,
5 including safety and operational improvements and toll
6 collection equipment.; and
7 (3) Lee Roy Selmon Crosstown Expressway System
8 widening.
9 (4) The connector highway linking Lee Roy Selmon
10 Crosstown Expressway to Interstate 4.
11 Section 49. Section 373.4137, Florida Statutes, is
12 amended to read:
13 373.4137 Mitigation requirements.--
14 (1) The Legislature finds that environmental
15 mitigation for the impact of transportation projects proposed
16 by the Department of Transportation or a transportation
17 authority established pursuant to chapter 348 or chapter 349
18 can be more effectively achieved by regional, long-range
19 mitigation planning rather than on a project-by-project basis.
20 It is the intent of the Legislature that mitigation to offset
21 the adverse effects of these transportation projects be funded
22 by the Department of Transportation and be carried out by the
23 Department of Environmental Protection and the water
24 management districts, including the use of mitigation banks
25 established pursuant to this part.
26 (2) Environmental impact inventories for
27 transportation projects proposed by the Department of
28 Transportation or a transportation authority established
29 pursuant to chapter 348 or chapter 349 shall be developed as
30 follows:
31
83
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (a) By May 1 of each year, the Department of
2 Transportation or a transportation authority established
3 pursuant to chapter 348 or chapter 349 shall submit to the
4 Department of Environmental Protection and the water
5 management districts a copy of its adopted work program and an
6 inventory of habitats addressed in the rules tentatively,
7 pursuant to this part and s. 404 of the Clean Water Act, 33
8 U.S.C. s. 1344, which may be impacted by its plan of
9 construction for transportation projects in the next 3 years
10 of the tentative work program. The Department of
11 Transportation or a transportation authority established
12 pursuant to chapter 348 or chapter 349 may also include in its
13 inventory the habitat impacts of any future transportation
14 project identified in the tentative work program.
15 (b) The environmental impact inventory shall include a
16 description of these habitat impacts, including their
17 location, acreage, and type; state water quality
18 classification of impacted wetlands and other surface waters;
19 any other state or regional designations for these habitats;
20 and a survey of threatened species, endangered species, and
21 species of special concern affected by the proposed project.
22 (3)(a) To fund the mitigation plan for the projected
23 impacts identified in the inventory described in subsection
24 (2), the Department of Transportation shall identify funds
25 quarterly in an escrow account within the State Transportation
26 Trust Fund for the environmental mitigation phase of projects
27 budgeted by the Department of Transportation for the current
28 fiscal year. The escrow account shall be maintained by the
29 Department of Transportation for the benefit of the Department
30 of Environmental Protection and the water management
31
84
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 districts. Any interest earnings from the escrow account shall
2 remain with the Department of Transportation.
3 (b) Each transportation authority established pursuant
4 to chapter 348 or chapter 349 that chooses to participate in
5 this program shall create an escrow account within its
6 financial structure and deposit funds in the account to pay
7 for the environmental mitigation phase of projects budgeted
8 for the current fiscal year. The escrow account shall be
9 maintained by the authority for the benefit of the Department
10 of Environmental Protection and the water management
11 districts. Any interest earnings from the escrow account shall
12 remain with the authority.
13 (c) The Department of Environmental Protection or
14 water management districts may request a transfer of funds
15 from an the escrow account no sooner than 30 days prior to the
16 date the funds are needed to pay for activities associated
17 with development or implementation of the approved mitigation
18 plan described in subsection (4) for the current fiscal year,
19 including, but not limited to, design, engineering,
20 production, and staff support. Actual conceptual plan
21 preparation costs incurred before plan approval may be
22 submitted to the Department of Transportation or the
23 appropriate transportation authority and the Department of
24 Environmental Protection by November 1 of each year with the
25 plan. The conceptual plan preparation costs of each water
26 management district will be paid based on the amount approved
27 on the mitigation plan and allocated to the current fiscal
28 year projects identified by the water management district. The
29 amount transferred to the escrow accounts account each year by
30 the Department of Transportation and participating
31 transportation authorities established pursuant to chapter 348
85
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 or chapter 349 shall correspond to a cost per acre of $75,000
2 multiplied by the projected acres of impact identified in the
3 inventory described in subsection (2). However, the $75,000
4 cost per acre does not constitute an admission against
5 interest by the state or its subdivisions nor is the cost
6 admissible as evidence of full compensation for any property
7 acquired by eminent domain or through inverse condemnation.
8 Each July 1, the cost per acre shall be adjusted by the
9 percentage change in the average of the Consumer Price Index
10 issued by the United States Department of Labor for the most
11 recent 12-month period ending September 30, compared to the
12 base year average, which is the average for the 12-month
13 period ending September 30, 1996. At the end of each year, the
14 projected acreage of impact shall be reconciled with the
15 acreage of impact of projects as permitted, including permit
16 modifications, pursuant to this part and s. 404 of the Clean
17 Water Act, 33 U.S.C. s. 1344. The subject year's transfer of
18 funds shall be adjusted accordingly to reflect the
19 overtransfer or undertransfer of funds from the preceding
20 year. The Department of Transportation and participating
21 transportation authorities established pursuant to chapter 348
22 or chapter 349 are is authorized to transfer such funds from
23 the escrow accounts account to the Department of Environmental
24 Protection and the water management districts to carry out the
25 mitigation programs.
26 (4) Prior to December 1 of each year, each water
27 management district, in consultation with the Department of
28 Environmental Protection, the United States Army Corps of
29 Engineers, the Department of Transportation, transportation
30 authorities established pursuant to chapter 348 or chapter
31 349, and other appropriate federal, state, and local
86
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 governments, and other interested parties, including entities
2 operating mitigation banks, shall develop a plan for the
3 primary purpose of complying with the mitigation requirements
4 adopted pursuant to this part and 33 U.S.C. s. 1344. This plan
5 shall also address significant invasive plant problems within
6 wetlands and other surface waters. In developing such plans,
7 the districts shall utilize sound ecosystem management
8 practices to address significant water resource needs and
9 shall focus on activities of the Department of Environmental
10 Protection and the water management districts, such as surface
11 water improvement and management (SWIM) waterbodies and lands
12 identified for potential acquisition for preservation,
13 restoration, and enhancement, to the extent that such
14 activities comply with the mitigation requirements adopted
15 under this part and 33 U.S.C. s. 1344. In determining the
16 activities to be included in such plans, the districts shall
17 also consider the purchase of credits from public or private
18 mitigation banks permitted under s. 373.4136 and associated
19 federal authorization and shall include such purchase as a
20 part of the mitigation plan when such purchase would offset
21 the impact of the transportation project, provide equal
22 benefits to the water resources than other mitigation options
23 being considered, and provide the most cost-effective
24 mitigation option. The mitigation plan shall be preliminarily
25 approved by the water management district governing board and
26 shall be submitted to the secretary of the Department of
27 Environmental Protection for review and final approval. The
28 preliminary approval by the water management district
29 governing board does not constitute a decision that affects
30 substantial interests as provided by s. 120.569. At least 30
31 days prior to preliminary approval, the water management
87
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 district shall provide a copy of the draft mitigation plan to
2 any person who has requested a copy.
3 (a) For each transportation project with a funding
4 request for the next fiscal year, the mitigation plan must
5 include a brief explanation of why a mitigation bank was or
6 was not chosen as a mitigation option, including an estimation
7 of identifiable costs of the mitigation bank and nonbank
8 options to the extent practicable.
9 (b) Specific projects may be excluded from the
10 mitigation plan and shall not be subject to this section upon
11 the agreement of the Department of Transportation, a
12 transportation authority if applicable, the Department of
13 Environmental Protection, and the appropriate water management
14 district that the inclusion of such projects would hamper the
15 efficiency or timeliness of the mitigation planning and
16 permitting process, or the Department of Environmental
17 Protection and the water management district are unable to
18 identify mitigation that would offset the impacts of the
19 project.
20 (c) Surface water improvement and management or
21 invasive plant control projects undertaken using the $12
22 million advance transferred from the Department of
23 Transportation to the Department of Environmental Protection
24 in fiscal year 1996-1997 which meet the requirements for
25 mitigation under this part and 33 U.S.C. s. 1344 shall remain
26 available for mitigation until the $12 million is fully
27 credited up to and including fiscal year 2004-2005. When these
28 projects are used as mitigation, the $12 million advance shall
29 be reduced by $75,000 per acre of impact mitigated. For any
30 fiscal year through and including fiscal year 2004-2005, to
31 the extent the cost of developing and implementing the
88
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 mitigation plans is less than the amount transferred pursuant
2 to subsection (3), the difference shall be credited towards
3 the $12 million advance. Except as provided in this paragraph,
4 any funds not directed to implement the mitigation plan
5 should, to the greatest extent possible, be directed to fund
6 invasive plant control within wetlands and other surface
7 waters.
8 (5) The water management district shall be responsible
9 for ensuring that mitigation requirements pursuant to 33
10 U.S.C. s. 1344 are met for the impacts identified in the
11 inventory described in subsection (2), by implementation of
12 the approved plan described in subsection (4) to the extent
13 funding is provided by the Department of Transportation, or a
14 transportation authority established pursuant to chapter 348
15 or chapter 349, if applicable. During the federal permitting
16 process, the water management district may deviate from the
17 approved mitigation plan in order to comply with federal
18 permitting requirements.
19 (6) The mitigation plans plan shall be updated
20 annually to reflect the most current Department of
21 Transportation work program and project list of a
22 transportation authority established pursuant to chapter 348
23 or chapter 349, if applicable, and may be amended throughout
24 the year to anticipate schedule changes or additional projects
25 which may arise. Each update and amendment of the mitigation
26 plan shall be submitted to the secretary of the Department of
27 Environmental Protection for approval. However, such approval
28 shall not be applicable to a deviation as described in
29 subsection (5).
30 (7) Upon approval by the secretary of the Department
31 of Environmental Protection, the mitigation plan shall be
89
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 deemed to satisfy the mitigation requirements under this part
2 and any other mitigation requirements imposed by local,
3 regional, and state agencies for impacts identified in the
4 inventory described in subsection (2). The approval of the
5 secretary shall authorize the activities proposed in the
6 mitigation plan, and no other state, regional, or local permit
7 or approval shall be necessary.
8 (8) This section shall not be construed to eliminate
9 the need for the Department of Transportation or a
10 transportation authority established pursuant to chapter 348
11 or chapter 349 to comply with the requirement to implement
12 practicable design modifications, including realignment of
13 transportation projects, to reduce or eliminate the impacts of
14 its transportation projects on wetlands and other surface
15 waters as required by rules adopted pursuant to this part, or
16 to diminish the authority under this part to regulate other
17 impacts, including water quantity or water quality impacts, or
18 impacts regulated under this part that are not identified in
19 the inventory described in subsection (2).
20 (9) The process for environmental mitigation for the
21 impact of transportation projects under this section shall be
22 available to an expressway, bridge, or transportation
23 authority established under chapter 348 or chapter 349. Use of
24 this process may be initiated by an authority depositing the
25 requisite funds into an escrow account set up by the authority
26 and filing an environmental impact inventory with the
27 appropriate water management district. An authority that
28 initiates the environmental mitigation process established by
29 this section shall comply with subsection (6) by timely
30 providing the appropriate water management district and the
31 Department of Environmental Protection with the requisite work
90
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 program information. A water management district may draw down
2 funds from the escrow account as provided in this section.
3 Section 50. Paragraph (b) of subsection (3) of section
4 380.04, Florida Statutes, is amended to read:
5 380.04 Definition of development.--
6 (3) The following operations or uses shall not be
7 taken for the purpose of this chapter to involve "development"
8 as defined in this section:
9 (b) Work by any utility and other persons engaged in
10 the distribution or transmission of gas, electricity, or
11 water, for the purpose of inspecting, repairing, renewing, or
12 constructing on established rights-of-way any sewers, mains,
13 pipes, cables, utility tunnels, power lines, towers, poles,
14 tracks, or the like.
15 Section 51. Paragraph (d) of subsection (2), paragraph
16 (b) of subsection (4), and paragraph (a) of subsection (8) of
17 section 380.06, Florida Statutes, are amended to read:
18 380.06 Developments of regional impact.--
19 (2) STATEWIDE GUIDELINES AND STANDARDS.--
20 (d) The guidelines and standards shall be applied as
21 follows:
22 1. Fixed thresholds.--
23 a. A development that is at or below 100 80 percent of
24 all numerical thresholds in the guidelines and standards shall
25 not be required to undergo development-of-regional-impact
26 review.
27 b. A development that is at or above 120 percent of
28 any numerical threshold shall be required to undergo
29 development-of-regional-impact review.
30 c. Projects certified under s. 403.973 which create at
31 least 100 jobs and meet the criteria of the Office of Tourism,
91
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Trade, and Economic Development as to their impact on an
2 area's economy, employment, and prevailing wage and skill
3 levels that are at or below 100 percent of the numerical
4 thresholds for industrial plants, industrial parks,
5 distribution, warehousing or wholesaling facilities, office
6 development or multiuse projects other than residential, as
7 described in s. 380.0651(3)(c), (d), and (i), are not required
8 to undergo development-of-regional-impact review.
9 2. Rebuttable presumption presumptions.--
10 a. It shall be presumed that a development that is
11 between 80 and 100 percent of a numerical threshold shall not
12 be required to undergo development-of-regional-impact review.
13 b. It shall be presumed that a development that is at
14 100 percent or between 100 and 120 percent of a numerical
15 threshold shall be required to undergo
16 development-of-regional-impact review.
17 (4) BINDING LETTER.--
18 (b) Unless a developer waives the requirements of this
19 paragraph by agreeing to undergo
20 development-of-regional-impact review pursuant to this
21 section, the state land planning agency or local government
22 with jurisdiction over the land on which a development is
23 proposed may require a developer to obtain a binding letter
24 if:
25 1. the development is at a presumptive numerical
26 threshold or up to 20 percent above a numerical threshold in
27 the guidelines and standards.; or
28 2. The development is between a presumptive numerical
29 threshold and 20 percent below the numerical threshold and the
30 local government or the state land planning agency is in doubt
31 as to whether the character or magnitude of the development at
92
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 the proposed location creates a likelihood that the
2 development will have a substantial effect on the health,
3 safety, or welfare of citizens of more than one county.
4 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.--
5 (a) A developer may enter into a written preliminary
6 development agreement with the state land planning agency to
7 allow a developer to proceed with a limited amount of the
8 total proposed development, subject to all other governmental
9 approvals and solely at the developer's own risk, prior to
10 issuance of a final development order. All owners of the land
11 in the total proposed development shall join the developer as
12 parties to the agreement. Each agreement shall include and be
13 subject to the following conditions:
14 1. The developer shall comply with the preapplication
15 conference requirements pursuant to subsection (7) within 45
16 days after the execution of the agreement.
17 2. The developer shall file an application for
18 development approval for the total proposed development within
19 3 months after execution of the agreement, unless the state
20 land planning agency agrees to a different time for good cause
21 shown. Failure to timely file an application and to otherwise
22 diligently proceed in good faith to obtain a final development
23 order shall constitute a breach of the preliminary development
24 agreement.
25 3. The agreement shall include maps and legal
26 descriptions of both the preliminary development area and the
27 total proposed development area and shall specifically
28 describe the preliminary development in terms of magnitude and
29 location. The area approved for preliminary development must
30 be included in the application for development approval and
31
93
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 shall be subject to the terms and conditions of the final
2 development order.
3 4. The preliminary development shall be limited to
4 lands that the state land planning agency agrees are suitable
5 for development and shall only be allowed in areas where
6 adequate public infrastructure exists to accommodate the
7 preliminary development, when such development will utilize
8 public infrastructure. The developer must also demonstrate
9 that the preliminary development will not result in material
10 adverse impacts to existing resources or existing or planned
11 facilities.
12 5. The preliminary development agreement may allow
13 development which is:
14 a. Less than or equal to 100 80 percent of any
15 applicable threshold if the developer demonstrates that such
16 development is consistent with subparagraph 4.; or
17 b. Less than 120 percent of any applicable threshold
18 if the developer demonstrates that such development is part of
19 a proposed downtown development of regional impact specified
20 in subsection (22) or part of any areawide development of
21 regional impact specified in subsection (25) and that the
22 development is consistent with subparagraph 4.
23 6. The developer and owners of the land may not claim
24 vested rights, or assert equitable estoppel, arising from the
25 agreement or any expenditures or actions taken in reliance on
26 the agreement to continue with the total proposed development
27 beyond the preliminary development. The agreement shall not
28 entitle the developer to a final development order approving
29 the total proposed development or to particular conditions in
30 a final development order.
31
94
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 7. The agreement shall not prohibit the regional
2 planning agency from reviewing or commenting on any regional
3 issue that the regional agency determines should be included
4 in the regional agency's report on the application for
5 development approval.
6 8. The agreement shall include a disclosure by the
7 developer and all the owners of the land in the total proposed
8 development of all land or development within 5 miles of the
9 total proposed development in which they have an interest and
10 shall describe such interest.
11 9. In the event of a breach of the agreement or
12 failure to comply with any condition of the agreement, or if
13 the agreement was based on materially inaccurate information,
14 the state land planning agency may terminate the agreement or
15 file suit to enforce the agreement as provided in this section
16 and s. 380.11, including a suit to enjoin all development.
17 10. A notice of the preliminary development agreement
18 shall be recorded by the developer in accordance with s.
19 28.222 with the clerk of the circuit court for each county in
20 which land covered by the terms of the agreement is located.
21 The notice shall include a legal description of the land
22 covered by the agreement and shall state the parties to the
23 agreement, the date of adoption of the agreement and any
24 subsequent amendments, the location where the agreement may be
25 examined, and that the agreement constitutes a land
26 development regulation applicable to portions of the land
27 covered by the agreement. The provisions of the agreement
28 shall inure to the benefit of and be binding upon successors
29 and assigns of the parties in the agreement.
30 11. Except for those agreements which authorize
31 preliminary development for substantial deviations pursuant to
95
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 subsection (19), a developer who no longer wishes to pursue a
2 development of regional impact may propose to abandon any
3 preliminary development agreement executed after January 1,
4 1985, including those pursuant to s. 380.032(3), provided at
5 the time of abandonment:
6 a. A final development order under this section has
7 been rendered that approves all of the development actually
8 constructed; or
9 b. The amount of development is less than 100 80
10 percent of all numerical thresholds of the guidelines and
11 standards, and the state land planning agency determines in
12 writing that the development to date is in compliance with all
13 applicable local regulations and the terms and conditions of
14 the preliminary development agreement and otherwise adequately
15 mitigates for the impacts of the development to date.
16
17 In either event, when a developer proposes to abandon said
18 agreement, the developer shall give written notice and state
19 that he or she is no longer proposing a development of
20 regional impact and provide adequate documentation that he or
21 she has met the criteria for abandonment of the agreement to
22 the state land planning agency. Within 30 days of receipt of
23 adequate documentation of such notice, the state land planning
24 agency shall make its determination as to whether or not the
25 developer meets the criteria for abandonment. Once the state
26 land planning agency determines that the developer meets the
27 criteria for abandonment, the state land planning agency shall
28 issue a notice of abandonment which shall be recorded by the
29 developer in accordance with s. 28.222 with the clerk of the
30 circuit court for each county in which land covered by the
31 terms of the agreement is located.
96
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Section 52. (1) Nothing contained in this act
2 abridges or modifies any vested or other right or any duty or
3 obligation pursuant to any development order or agreement that
4 is applicable to a development of regional impact on the
5 effective date of this act. A development that has received a
6 development-of-regional-impact development order pursuant to
7 s. 380.06, Florida Statutes 2001, but is no longer required to
8 undergo development-of-regional-impact review by operation of
9 this act, shall be governed by the following procedures:
10 (a) The development shall continue to be governed by
11 the development-of-regional-impact development order and may
12 be completed in reliance upon and pursuant to the development
13 order. The development-of-regional-impact development order
14 may be enforced by the local government as provided by ss.
15 380.06(17) and 380.11, Florida Statutes 2001.
16 (b) If requested by the developer or landowner, the
17 development-of-regional-impact development order may be
18 abandoned pursuant to the process in subsection 380.06(26).
19 (2) A development with an application for development
20 approval pending on the effective date of this act, or a
21 notification of proposed change pending on the effective date
22 of this act, may elect to continue such review pursuant to s.
23 380.06, Florida Statutes 2001. At the conclusion of the
24 pending review, including any appeals pursuant to s. 380.07,
25 Florida Statutes 2001, the resulting development order shall
26 be governed by the provisions of subsection (1).
27 Section 53. Paragraph (b) of subsection (1) of section
28 496.425, Florida Statutes, is amended to read:
29 496.425 Solicitation of funds within public
30 transportation facilities.--
31 (1) As used in this section:
97
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 (b) "Facility" means any public transportation
2 facility, including, but not limited to, railroad stations,
3 bus stations, ship ports, ferry terminals, and roadside
4 welcome stations, highway service plazas, airports served by
5 scheduled passenger service, or highway rest stations.
6 Section 54. Section 496.4256, Florida Statutes, is
7 created to read:
8 496.4256 Public transportation facilities not required
9 to grant permit or access.--A governmental entity or authority
10 that owns or operates welcome centers, wayside parks, service
11 plazas, or rest areas on the State Highway System as defined
12 in chapter 335 shall not be required to issue a permit or
13 grant any person access to such public transportation
14 facilities for the purpose of soliciting funds.
15 Section 55. Paragraph (d) is added to subsection (10)
16 of section 768.28, Florida Statutes, to read:
17 768.28 Waiver of sovereign immunity in tort actions;
18 recovery limits; limitation on attorney fees; statute of
19 limitations; exclusions; indemnification; risk management
20 programs.--
21 (10)
22 (d) For the purposes of this section, operators,
23 dispatchers, and providers of security for rail services and
24 rail facility maintenance providers in the South Florida Rail
25 Corridor, or any of their employees or agents, performing such
26 services under contract with and on behalf of the Tri-County
27 Commuter Rail Authority or the Department of Transportation
28 shall be considered agents of the state while acting within
29 the scope of and pursuant to guidelines established in said
30 contract or by rule.
31
98
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 Section 56. Dori Slosberg Driver Education Safety
2 Act.--Effective October 1, 2002, notwithstanding the
3 provisions of s. 318.121, Florida Statutes, a board of county
4 commissioners may require, by ordinance, that the clerk of the
5 court collect an additional $3 with each civil traffic
6 penalty, which shall be used to fund traffic education
7 programs in public and nonpublic schools. The ordinance shall
8 provide for the board of county commissioners to administer
9 the funds. The funds shall be used for direct educational
10 expenses and shall not be used for administration. This
11 section may be cited as the "Dori Slosberg Driver Education
12 Safety Act."
13 Section 57. Subsection (2) of section 2 of chapter
14 88-418, Laws of Florida, is amended to read:
15 Section 2. Crandon Boulevard is hereby designated as a
16 state historic highway. No public funds shall be expended
17 for:
18 (2) The alteration of the physical dimensions or
19 location of Crandon Boulevard, the median strip thereof, or
20 the land adjacent thereto, except for:
21 (a) The routine or emergency utilities maintenance
22 activities necessitated to maintain the road as a utility
23 corridor serving the village of Key Biscayne; or
24 (b) The modification or improvements made to provide
25 for vehicular ingress and egress of governmental public safety
26 vehicles.
27 Section 58. Paragraph (a) of subsection (1) of section
28 212.055, Florida Statutes, is amended to read:
29 212.055 Discretionary sales surtaxes; legislative
30 intent; authorization and use of proceeds.--It is the
31 legislative intent that any authorization for imposition of a
99
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 757, Second Engrossed
1 discretionary sales surtax shall be published in the Florida
2 Statutes as a subsection of this section, irrespective of the
3 duration of the levy. Each enactment shall specify the types
4 of counties authorized to levy; the rate or rates which may be
5 imposed; the maximum length of time the surtax may be imposed,
6 if any; the procedure which must be followed to secure voter
7 approval, if required; the purpose for which the proceeds may
8 be expended; and such other requirements as the Legislature
9 may provide. Taxable transactions and administrative
10 procedures shall be as provided in s. 212.054.
11 (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.--
12 (a) Each charter county which adopted a charter prior
13 to January 1, 1984 which adopted a charter prior to June 1,
14 1976, and each county the government of which is consolidated
15 with that of one or more municipalities, may levy a
16 discretionary sales surtax, subject to approval by a majority
17 vote of the electorate of the county or by a charter amendment
18 approved by a majority vote of the electorate of the county.
19 Section 59. Except as otherwise provided herein, this
20 act shall take effect July 1, 2002.
21
22
23
24
25
26
27
28
29
30
31
100
CODING: Words stricken are deletions; words underlined are additions.