Amendment

Bill No. 1027

Amendment No. 812261

CHAMBER ACTION
Senate		House
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1	Representative Reagan offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (b) of subsection (7) of section
6	20.04, Florida Statutes, is amended to read:
7	20.04  Structure of executive branch.--The executive branch
8	of state government is structured as follows:
9	(7)
10	(b)  Within the limitations of this subsection, the head of
11	the department may recommend the establishment of additional
12	divisions, bureaus, sections, and subsections of the department
13	to promote efficient and effective operation of the department.
14	However, additional divisions, or offices in the Department of
15	Children and Family Services, and the Department of Corrections,
16	and the Department of Transportation, may be established only by
17	specific statutory enactment. New bureaus, sections, and
18	subsections of departments may be initiated by a department and
19	established as recommended by the Department of Management
20	Services and approved by the Executive Office of the Governor,
21	or may be established by specific statutory enactment.
22	Section 2.  Paragraph (d) of subsection (1), subsection
23	(3), and paragraph (b) of subsection (4) of section 20.23,
24	Florida Statutes, are amended to read:
25	20.23  Department of Transportation.--There is created a
26	Department of Transportation which shall be a decentralized
27	agency.
28	(1)
29	(d)  The secretary may shall appoint up to three two
30	assistant secretaries who shall be directly responsible to the
31	secretary and who shall perform such duties as are assigned by
32	the secretary. The secretary may delegate to any assistant
33	secretary the authority to act in the absence of the secretary.
34	(3)(a)  The central office shall establish departmental
35	policies, rules, procedures, and standards and shall monitor the
36	implementation of such policies, rules, procedures, and
37	standards in order to ensure uniform compliance and quality
38	performance by the districts and central office units that
39	implement transportation programs.  Major transportation policy
40	initiatives or revisions shall be submitted to the commission
41	for review.
42	(b)  The secretary shall appoint an Assistant Secretary for
43	Transportation Development and Operations and an Assistant
44	Secretary for Transportation Support.
45	(b)(c)  The secretary may appoint positions at the level of
46	deputy assistant secretary or director which the secretary deems
47	necessary to accomplish the mission and goals of the department,
48	including, but not limited to, the areas of program
49	responsibility provided in this paragraph following offices are
50	established and shall be headed by a manager, each of whom shall
51	be appointed by and serve at the pleasure of the secretary. As
52	needed, the secretary may combine, separate, or abolish offices
53	as recommended by the Department of Management Services and
54	approved by the Executive Office of the Governor. The
55	department's areas of program responsibility include, but are
56	not limited to positions shall be classified at a level equal to
57	a division director:
58	1.  The Office of Administration.;
59	2.  The Office of Planning. and Environmental Management;
60	3.  Public transportation.
61	4.3.  The Office of Design.;
62	5.4.  The Office of Highway operations.;
63	6.5.  The Office of Right-of-way.;
64	7.6.  The Office of Toll operations.;
65	8.7.  The Office of Information systems.;
66	9.8.  The Office of Motor carrier compliance.;
67	10.9.  The Office of Management and budget.;
68	11.10.  The Office of Comptroller.;
69	12.11.  The Office of Construction.;
70	13.12.  The Office of Maintenance.; and
71	14.13.  The Office of Materials.
72	(c)(d)  Other offices may be established in accordance with
73	s. 20.04(7). The heads of such offices are exempt from part II
74	of chapter 110. No office or organization shall be created at a
75	level equal to or higher than a division without specific
76	legislative authority.
77	(d)(e)  The secretary shall appoint an inspector general
78	pursuant to s. 20.055 who shall be directly responsible to the
79	secretary and shall serve at the pleasure of the secretary.
80	(e)(f)  The secretary shall appoint a general counsel who
81	shall be directly responsible to the secretary. The general
82	counsel is responsible for all legal matters of the department.
83	The department may employ as many attorneys as it deems
84	necessary to advise and represent the department in all
85	transportation matters.
86	(g)  The secretary shall appoint a state transportation
87	development administrator. This position shall be classified at
88	a level equal to a deputy assistant secretary.
89	(h)  The secretary shall appoint a state transportation
90	operations administrator. This position shall be classified at a
91	level equal to a deputy assistant secretary.
92	(i)  The secretary shall appoint a state public
93	transportation and modal administrator. This position shall be
94	classified at a level equal to a deputy assistant secretary.
95	(4)
96	(b)  Each district secretary may appoint up to three a
97	district directors director for transportation development, a
98	district director for transportation operations, and a district
99	director for transportation support or, until July 1, 2005, each
100	district secretary may appoint up to four a district directors
101	director for planning and programming, a district director for
102	production, a district director for operations, and a district
103	director for administration. These positions are exempt from
104	part II of chapter 110.
105	Section 3.  Section 95.361, Florida Statutes, is amended to
106	read:
107	95.361  Roads presumed to be dedicated.--
108	(1)  When a road, constructed by a county, a municipality,
109	or the Department of Transportation, has been maintained or
110	repaired continuously and uninterruptedly for 4 years by the
111	county, municipality, or the Department of Transportation,
112	jointly or severally, the road shall be deemed to be dedicated
113	to the public to the extent in width that has been actually
114	maintained for the prescribed period, whether or not the road
115	has been formally established as a public highway. The
116	dedication shall vest all right, title, easement, and
117	appurtenances in and to the road in:
118	(a)  The county, if it is a county road;
119	(b)  The municipality, if it is a municipal street or road;
120	or
121	(c)  The state, if it is a road in the State Highway System
122	or State Park Road System,
123
124	whether or not there is a record of a conveyance, dedication, or
125	appropriation to the public use.
126	(2)  In those instances where a road has been constructed
127	by a nongovernmental entity, or where the road was not
128	constructed by the entity currently maintaining or repairing it,
129	or where it cannot be determined who constructed the road, and
130	when such road has been regularly maintained or repaired for the
131	immediate past 7 years by a county, a municipality, or the
132	Department of Transportation, whether jointly or severally, such
133	road shall be deemed to be dedicated to the public to the extent
134	of the width that actually has been maintained or repaired for
135	the prescribed period, whether or not the road has been formally
136	established as a public highway. This subsection shall not apply
137	to an electric utility, as defined in s. 366.02(2). The
138	dedication shall vest all rights, title, easement, and
139	appurtenances in and to the road in:
140	(a)  The county, if it is a county road;
141	(b)  The municipality, if it is a municipal street or road;
142	or
143	(c)  The state, if it is a road in the State Highway System
144	or State Park Road System, whether or not there is a record of
145	conveyance, dedication, or appropriation to the public use.
146	(3)  The filing of a map in the office of the clerk of the
147	circuit court of the county where the road is located showing
148	the lands and reciting on it that the road has vested in the
149	state, a county, or a municipality in accordance with subsection
150	(1) or subsection (2) or by any other means of acquisition, duly
151	certified by:
152	(a)  The secretary of the Department of Transportation, or
153	the secretary's designee, if the road is a road in the State
154	Highway System or State Park Road System;
155	(b)  The chair and clerk of the board of county
156	commissioners of the county, if the road is a county road; or
157	(c)  The mayor and clerk of the municipality, if the road
158	is a municipal road or street,
159
160	shall be prima facie evidence of ownership of the land by the
161	state, county, or municipality, as the case may be.
162	(4)  Any person, firm, corporation, or entity having or
163	claiming any interest in and to any of the property affected by
164	subsection (2) shall have and is hereby allowed a period of 1
165	year after the effective date of this subsection, or a period of
166	7 years after the initial date of regular maintenance or repair
167	of the road, whichever period is greater, to file a claim in
168	equity or with a court of law against the particular governing
169	authority assuming jurisdiction over such property to cause a
170	cessation of the maintenance and occupation of the property.
171	Such timely filed and adjudicated claim shall prevent the
172	dedication of the road to the public pursuant to subsection (2).
173	Section 4.  Paragraphs (j) and (m) of subsection (2) of
174	section 110.205, Florida Statutes, are amended to read:
175	110.205  Career service; exemptions.--
176	(2)  EXEMPT POSITIONS.--The exempt positions that are not
177	covered by this part include the following:
178	(j)  The appointed secretaries, assistant secretaries,
179	deputy secretaries, and deputy assistant secretaries of all
180	departments; the executive directors, assistant executive
181	directors, deputy executive directors, and deputy assistant
182	executive directors of all departments; the directors of all
183	divisions and those positions determined by the department to
184	have managerial responsibilities comparable to such positions,
185	which positions include, but are not limited to, program
186	directors, assistant program directors, district administrators,
187	deputy district administrators, the Director of Central
188	Operations Services of the Department of Children and Family
189	Services, the State Transportation Development Administrator,
190	State Public Transportation and Modal Administrator, district
191	secretaries, district directors of transportation development,
192	transportation operations, transportation support, and the
193	managers of the offices specified in s. 20.23(3)(b) s.
194	20.23(3)(c), of the Department of Transportation. Unless
195	otherwise fixed by law, the department shall set the salary and
196	benefits of these positions in accordance with the rules of the
197	Senior Management Service; and the county health department
198	directors and county health department administrators of the
199	Department of Health.
200	(m)  All assistant division director, deputy division
201	director, and bureau chief positions in any department, and
202	those positions determined by the department to have managerial
203	responsibilities comparable to such positions, which positions
204	include, but are not limited to:
205	1.  Positions in the Department of Health and the
206	Department of Children and Family Services that are assigned
207	primary duties of serving as the superintendent or assistant
208	superintendent of an institution.
209	2.  Positions in the Department of Corrections that are
210	assigned primary duties of serving as the warden, assistant
211	warden, colonel, or major of an institution or that are assigned
212	primary duties of serving as the circuit administrator or deputy
213	circuit administrator.
214	3.  Positions in the Department of Transportation that are
215	assigned primary duties of serving as regional toll managers and
216	managers of offices as defined in s. 20.23(3)(b) s. 20.23(3)(c)
217	and (4)(d), and captains and majors of the Office of Motor
218	Carrier Compliance.
219	4.  Positions in the Department of Environmental Protection
220	that are assigned the duty of an Environmental Administrator or
221	program administrator.
222	5.  Positions in the Department of Health that are assigned
223	the duties of Environmental Administrator, Assistant County
224	Health Department Director, and County Health Department
225	Financial Administrator.
226
227	Unless otherwise fixed by law, the department shall set the
228	salary and benefits of the positions listed in this paragraph in
229	accordance with the rules established for the Selected Exempt
230	Service.
231	Section 5.  Subsection (13) and subsection (15) of section
232	177.031, Florida Statutes, are amended to read:
233	177.031  Definitions.--As used in this part:
234	(13)  "P.C.P." means permanent control point and shall be
235	considered a reference monument.
236	(a)  "P.C.P.s" set in impervious surfaces must:
237	1.  Be composed of a metal marker with a point of
238	reference.
239	2.  Have a metal cap or disk bearing either the Florida
240	registration number of the professional surveyor and mapper in
241	responsible charge or the certificate of authorization number of
242	the legal entity, which number shall be preceded by LS or LB as
243	applicable and the letters "P.C.P."
244	(b)  "P.C.P.s" set in pervious surfaces must:
245	1.  Consist of a metal rod having a minimum length of 18
246	inches and a minimum cross-section area of material of 0.2
247	square inches encased in concrete. In certain materials,
248	encasement in concrete is optional for stability of the rod.
249	When used, the concrete shall have a minimum cross-section area
250	of 12.25 square inches and be a minimum of 24 inches long.
251	2.  Be identified with a durable marker or cap with the
252	point of reference marked thereon bearing either the Florida
253	registration number of the professional surveyor and mapper in
254	responsible charge or the certificate of authorization number of
255	the legal entity, which number shall be preceded by LS or LB as
256	applicable and the letters "P.C.P."
257	(c)  "P.C.P.s" must be detectable with conventional
258	instruments for locating ferrous or magnetic objects.
259	(15)  "P.R.M." means a permanent reference monument which
260	must:
261	(a)  Consist of a metal rod having a minimum length of 18
262	inches and a minimum cross-section area of material of 0.2
263	square inches encased in concrete. In certain materials,
264	encasement in concrete is optional for stability of the rod.
265	When used, the concrete shall have a minimum cross-section area
266	of 12.25 square inches and be a minimum of 24 inches long.
267	(b)  Be identified with a durable marker or cap with the
268	point of reference marked thereon bearing either the Florida
269	registration number of the professional surveyor and mapper in
270	responsible charge or the certificate of authorization number of
271	the legal entity, which number shall be preceded by LS or LB as
272	applicable and the letters "P.R.M."
273	(c)  Be detectable with conventional instruments for
274	locating ferrous or magnetic objects.
275
276	If the location of the "P.R.M." falls in a hard surface such as
277	asphalt or concrete, alternate monumentation may be used that is
278	durable and identifiable.
279	Section 6.  Section 334.30, Florida Statutes, is amended to
280	read:
281	334.30  Public-private Private transportation facilities.--
282	The Legislature hereby finds and declares that there is a public
283	need for rapid construction of safe and efficient transportation
284	facilities for the purpose of travel within the state, and that
285	it is in the public's interest to provide for the construction
286	of additional safe, convenient, and economical transportation
287	facilities.
288	(1)  The department may receive or solicit proposals and,
289	with legislative approval as evidenced by approval of the
290	project in the department's work program by a separate bill for
291	each facility, enter into agreements with private entities, or
292	consortia thereof, for the building, operation, ownership, or
293	financing of transportation facilities. The department shall by
294	rule establish an application fee for the submission of
295	proposals under this section. The fee must be sufficient to pay
296	the costs of evaluating the proposals. The department may engage
297	the services of private consultants to assist in the evaluation.
298	Before seeking legislative approval, the department must
299	determine that the proposed project:
300	(a)  Is in the public's best interest;
301	(b)  Would not require state funds to be used unless the
302	project is on the State Highway System there is an overriding
303	state interest; and
304	(c)  Would have adequate safeguards in place to ensure that
305	no additional costs or service disruptions would be realized by
306	the traveling public and citizens of the state in the event of
307	default or cancellation of the agreement by the department.
308
309	The department shall ensure that all reasonable costs to the
310	state and substantially affected local governments and
311	utilities, related to the private transportation facilities that
312	are not part of the State Highway System facility, are borne by
313	the private entity. The department shall also ensure that all
314	reasonable costs to the state and substantially affected local
315	governments and utilities, related to the private transportation
316	facility, are borne by the private entity for transportation
317	facilities that are owned by private entities. For projects on
318	the State Highway System, the department may use state resources
319	to participate in funding and financing the project as provided
320	for under the department's enabling legislation.
321	(2)  Agreements entered into pursuant to this section may
322	authorize the private entity to impose tolls or fares for the
323	use of the facility.  However, the amount and use of toll or
324	fare revenues shall may be regulated by the department to avoid
325	unreasonable costs to users of the facility.
326	(3)  Each private transportation facility constructed
327	pursuant to this section shall comply with all requirements of
328	federal, state, and local laws; state, regional, and local
329	comprehensive plans; department rules, policies, procedures, and
330	standards for transportation facilities; and any other
331	conditions which the department determines to be in the public's
332	best interest.
333	(4)  The department may exercise any power possessed by it,
334	including eminent domain, with respect to the development and
335	construction of state transportation projects to facilitate the
336	development and construction of transportation projects pursuant
337	to this section.  The department may provide services to the
338	private entity.  Agreements for maintenance, law enforcement,
339	and other services entered into pursuant to this section shall
340	provide for full reimbursement for services rendered for
341	projects not on the State Highway System.
342	(5)  Except as herein provided, the provisions of this
343	section are not intended to amend existing laws by granting
344	additional powers to, or further restricting, local governmental
345	entities from regulating and entering into cooperative
346	arrangements with the private sector for the planning,
347	construction, and operation of transportation facilities.
348	(6)  The department may request proposals from private
349	entities for public-private transportation projects or, if the
350	department receives an unsolicited proposal, the department
351	shall publish a notice in the Florida Administrative Weekly and
352	a newspaper of general circulation at least once a week for 2
353	weeks stating that the department has received the proposal and
354	will accept, for 60 days after the initial date of publication,
355	other proposals for the same project purpose. A copy of the
356	notice must be mailed to each local government in the affected
357	area. After the public notification period has expired, the
358	department shall rank the proposals in order of preference. In
359	ranking the proposals the department may consider factors,
360	including, but not limited to, professional qualifications,
361	general business terms, innovative engineering or cost-reduction
362	terms, finance plans, and the need for state funds to deliver
363	the project. If the department is not satisfied with the results
364	of the negotiations, the department may, at its sole discretion,
365	terminate negotiations with the proposer. If these negotiations
366	are unsuccessful, the department may go to the second-ranked and
367	lower-ranked firms, in order, using this same procedure. If only
368	one proposal is received, the department may negotiate in good
369	faith and, if the department is not satisfied with the results
370	of the negotiations, the department may, at its sole discretion,
371	terminate negotiations with the proposer. Notwithstanding this
372	subsection, the department may, at its discretion, reject all
373	proposals at any point in the process up to completion of a
374	contract with the proposer.
375	(7)(a)  The department may advance projects programmed in
376	the adopted 5-year work program using funds provided by public-
377	private partnerships or private entities to be reimbursed from
378	department funds for the project as programmed in the adopted
379	work program.
380	(b)  The department also may lend funds from the Toll
381	Facilities Revolving Trust Fund, as outlined in s. 338.251, to
382	private entities that construct projects on the State Highway
383	System containing toll facilities that are approved under this
384	section. To be eligible, a private entity must comply with s.
385	338.251 and must provide an indication from a nationally
386	recognized rating agency that the senior bonds for the project
387	will be investment grade, or must provide credit support such as
388	a letter of credit or other means acceptable to the department,
389	to ensure that the loans will be fully repaid.
390	(8)  The state's liability for the funding of a facility
391	constructed under this section is limited to the amount approved
392	for that specific facility in the department's 5-year work
393	program adopted pursuant to s. 339.135.
394	(9)(6)  A fixed-guideway transportation system authorized
395	by the department to be wholly or partially within the
396	department's right-of-way pursuant to a lease granted under s.
397	337.251 may operate at any safe speed.
398	Section 7.  Subsection (1) of section 337.401, Florida
399	Statutes, is amended to read:
400	337.401  Use of right-of-way for utilities subject to
401	regulation; permit; fees.--
402	(1)  The department and local governmental entities,
403	referred to in ss. 337.401-337.404 as the "authority," that have
404	jurisdiction and control of public roads or publicly owned rail
405	corridors are authorized to prescribe and enforce reasonable
406	rules or regulations with reference to the placing and
407	maintaining along, across, or on any road or publicly owned rail
408	corridors under their respective jurisdictions any electric
409	transmission, telephone, telegraph, or other communications
410	services lines; pole lines; poles; railways; ditches; sewers;
411	water, heat, or gas mains; pipelines; fences; gasoline tanks and
412	pumps; or other structures hereinafter referred to as the
413	"utility." The department may enter into a permit-delegation
414	agreement with a governmental entity if issuance of a permit is
415	based on requirements that the department finds will ensure the
416	safety and integrity of facilities of the Department of
417	Transportation; however, such permit-delegation agreement shall
418	not apply to facilities of electric utilities as defined in s.
419	366.02(2).
420	Section 8.  Section 337.408, Florida Statutes, is amended
421	to read:
422	337.408  Regulation of benches, transit shelters, street
423	light poles, and waste disposal receptacles, and modular news
424	racks within rights-of-way.--
425	(1)  Benches or transit shelters, including advertising
426	displayed on benches or transit shelters, may be installed
427	within the right-of-way limits of any municipal, county, or
428	state road, except a limited access highway,; provided that such
429	benches or transit shelters are for the comfort or convenience
430	of the general public, or are at designated stops on official
431	bus routes; and, provided further, that written authorization
432	has been given to a qualified private supplier of such service
433	by the municipal government within whose incorporated limits
434	such benches or transit shelters are installed, or by the county
435	government within whose unincorporated limits such benches or
436	transit shelters are installed. A municipality or county may
437	authorize the installation, without public bid, of benches and
438	transit shelters together with advertising displayed thereon,
439	within the right-of-way limits of such roads. Any contract for
440	the installation of benches or transit shelters or advertising
441	on benches or transit shelters which was entered into before
442	April 8, 1992, without public bidding, is ratified and affirmed.
443	Such benches or transit shelters may not interfere with right-
444	of-way preservation and maintenance. Any bench or transit
445	shelter located on a sidewalk within the right-of-way limits of
446	any road on the State Highway System or the county road system
447	shall be located so as to leave at least 36 inches of clearance
448	for pedestrians and persons in wheelchairs. Such clearance shall
449	be measured in a direction perpendicular to the centerline of
450	the road.
451	(2)  Waste disposal receptacles of less than 110 gallons in
452	capacity, including advertising displayed on such waste disposal
453	receptacles, may be installed within the right-of-way limits of
454	any municipal, county, or state road, except a limited access
455	highway,; provided that written authorization has been given to
456	a qualified private supplier of such service by the appropriate
457	municipal or county government. A municipality or county may
458	authorize the installation, without public bid, of waste
459	disposal receptacles together with advertising displayed thereon
460	within the right-of-way limits of such roads. Such waste
461	disposal receptacles may not interfere with right-of-way
462	preservation and maintenance.
463	(3)  Modular news racks, including advertising thereon, may
464	be located within the right-of-way limits of any municipal,
465	county, or state road, except a limited access highway, provided
466	the municipal government within whose incorporated limits such
467	racks are installed or the county government within whose
468	unincorporated limits such racks are installed has passed an
469	ordinance regulating the placement of modular news racks within
470	the right-of-way and has authorized a qualified private supplier
471	of modular news racks to provide such service. The modular news
472	rack or advertising thereon shall not exceed a height of 56
473	inches or a total advertising space of 56 square feet. No later
474	than 45 days prior to installation of modular news racks, the
475	private supplier shall provide a map of proposed locations and
476	typical installation plans to the department for approval. If
477	the department does not respond within 45 days after receipt of
478	the submitted plans, installation may proceed.
479	(4)(3)  The department has the authority to direct the
480	immediate relocation or removal of any bench, transit shelter,
481	or waste disposal receptacle, or modular news rack which
482	endangers life or property, except that transit bus benches
483	which have been placed in service prior to April 1, 1992, are
484	not required do not have to comply with bench size and
485	advertising display size requirements which have been
486	established by the department prior to March 1, 1992. Any
487	transit bus bench that was in service prior to April 1, 1992,
488	may be replaced with a bus bench of the same size or smaller, if
489	the bench is damaged or destroyed or otherwise becomes unusable.
490	The department is authorized to adopt promulgate rules relating
491	to the regulation of bench size and advertising display size
492	requirements. However, If a municipality or county within which
493	a bench is to be located has adopted an ordinance or other
494	applicable regulation that establishes bench size or advertising
495	display sign requirements different from requirements specified
496	in department rule, then the local government requirement shall
497	be applicable within the respective municipality or county.
498	Placement of any bench or advertising display on the National
499	Highway System under a local ordinance or regulation adopted
500	pursuant to this subsection shall be subject to approval of the
501	Federal Highway Administration.
502	(5)(4)  No bench, transit shelter, or waste disposal
503	receptacle, or modular news rack, or advertising thereon, shall
504	be erected or so placed on the right-of-way of any road which
505	conflicts with the requirements of federal law, regulations, or
506	safety standards, thereby causing the state or any political
507	subdivision the loss of federal funds. Competition among persons
508	seeking to provide bench, transit shelter, or waste disposal
509	receptacle, or modular news rack services or advertising on such
510	benches, shelters, or receptacles, or news racks may be
511	regulated, restricted, or denied by the appropriate local
512	government entity consistent with the provisions of this
513	section.
514	(6)(5)  Street light poles, including attached public
515	service messages and advertisements, may be located within the
516	right-of-way limits of municipal and county roads in the same
517	manner as benches, transit shelters, and waste disposal
518	receptacles, and modular news racks as provided in this section
519	and in accordance with municipal and county ordinances. Public
520	service messages and advertisements may be installed on street
521	light poles on roads on the State Highway System in accordance
522	with height, size, setback, spacing distance, duration of
523	display, safety, traffic control, and permitting requirements
524	established by administrative rule of the Department of
525	Transportation. Public service messages and advertisements shall
526	be subject to bilateral agreements, where applicable, to be
527	negotiated with the owner of the street light poles, which shall
528	consider, among other things, power source rates, design,
529	safety, operational and maintenance concerns, and other matters
530	of public importance. For the purposes of this section, the term
531	"street light poles" does not include electric transmission or
532	distribution poles. The department shall have authority to adopt
533	establish administrative rules pursuant to ss. 120.536(1) and
534	120.54 to implement the provisions of this section subsection.
535	No advertising on light poles shall be permitted on the
536	Interstate Highway System. No permanent structures carrying
537	advertisements attached to light poles shall be permitted on the
538	National Highway System.
539	(7)(6)  Wherever the provisions of this section are
540	inconsistent with other provisions of this chapter or with the
541	provisions of chapter 125, chapter 335, chapter 336, or chapter
542	479, the provisions of this section shall prevail.
543	Section 9.  Notwithstanding section 338.165, Florida
544	Statutes, or any other provision of law or rule, the Department
545	of Transportation may not collect a toll for use of the Navarre
546	Bridge in Santa Rosa County and a toll may not be charged or
547	collected on that bridge.
548	Section 10.  Subsection (11) of section 338.251, Florida
549	Statutes, is renumbered as subsection (12) and a new subsection
550	(11) is added to that section to read:
551	338.251  Toll Facilities Revolving Trust Fund.--The Toll
552	Facilities Revolving Trust Fund is hereby created for the
553	purpose of encouraging the development and enhancing the
554	financial feasibility of revenue-producing road projects
555	undertaken by local governmental entities in a county or
556	combination of contiguous counties and the turnpike enterprise.
557	(11)  Notwithstanding subsection (4), by agreement with the
558	department, the Emerald Coast Bridge Authority may revise the
559	repayment schedule of any previous advances, which shall not be
560	considered a failure to repay if the effort to undertake a
561	revenue-producing road project is being conducted in good faith
562	and all other requirements of law are met.
563	Section 11.  Effective July 1, 2005, paragraph (m) of
564	subsection (2) of section 348.0004, Florida Statutes, is
565	repealed, and subsection (9) is added to said section, to read:
566	348.0004  Purposes and powers.--
567	(2)  Each authority may exercise all powers necessary,
568	appurtenant, convenient, or incidental to the carrying out of
569	its purposes, including, but not limited to, the following
570	rights and powers:
571	(m)  An expressway authority in any county as defined in s.
572	125.011(1) may consider any unsolicited proposals from private
573	entities and all factors it deems important in evaluating such
574	proposals. Such an expressway authority shall adopt rules or
575	policies in compliance with s. 334.30 for the receipt,
576	evaluation, and consideration of such proposals in order to
577	enter into agreements for the planning design, engineering,
578	construction, operation, ownership, or financing of additional
579	expressways in that county. Such rules must require
580	substantially similar technical information as is required by
581	rule 14-107.0011(3)(a)-(e), Florida Administrative Code. In
582	accepting a proposal and entering into such an agreement, the
583	expressway authority and the private entity shall for all
584	purposes be deemed to have complied with chapters 255 and 287.
585	Similar proposals shall be reviewed and acted on by the
586	authority in the order in which they were received. An
587	additional expressway may not be constructed under this section
588	without the prior express written consent of the board of county
589	commissioners of each county located within the geographical
590	boundaries of the authority. The powers granted by this section
591	are in addition to all other powers of the authority granted by
592	this chapter.
593	(9)  The Legislature declares that there is a public
594	need for rapid construction of safe and efficient
595	transportation facilities for travel within the state and that
596	it is in the public interest to provide for public-private
597	partnership agreements to effectuate the construction of
598	additional safe, convenient, and economical transportation
599	facilities.
600	(a)  Notwithstanding any other provision of the Florida
601	Expressway Authority Act, any expressway authority may receive
602	or solicit proposals and enter into agreements with private
603	entities, or consortia thereof, for the building, operation,
604	ownership, or financing of expressway authority transportation
605	facilities or new transportation facilities within the
606	jurisdiction of the expressway authority. An expressway
607	authority is authorized to adopt rules to implement this
608	subsection and shall, by rule, establish an application fee for
609	the submission of unsolicited proposals under this subsection.
610	The fee must be sufficient to pay the costs of evaluating the
611	proposals. An expressway authority may engage private
612	consultants to assist in the evaluation. Before approval, an
613	expressway authority must determine that a proposed project:
614	1.  Is in the public's best interest.
615	2.  Would not require state funds to be used unless the
616	project is on or provides increased mobility on the State
617	Highway System.
618	3.  Would have adequate safeguards to ensure that no
619	additional costs or service disruptions would be realized by the
620	traveling public and citizens of the state in the event of
621	default or the cancellation of the agreement by the expressway
622	authority.
623	(b)  The expressway authority shall ensure that all
624	reasonable costs to the state, related to transportation
625	facilities that are not part of the State Highway System, are
626	borne by the private entity. The expressway authority shall also
627	ensure that all reasonable costs to the state and substantially
628	affected local governments and utilities, related to the private
629	transportation facility, are borne by the private entity for
630	transportation facilities that are owned by private entities.
631	For projects on the State Highway System, the department may use
632	state resources to participate in funding and financing the
633	project as provided for under the department's enabling
634	legislation.
635	(c)  The expressway authority may request proposals for
636	public-private transportation projects or, if it receives an
637	unsolicited proposal, it must publish a notice in the Florida
638	Administrative Weekly and a newspaper of general circulation in
639	the county in which it is located at least once a week for 2
640	weeks stating that it has received the proposal and will accept,
641	for 60 days after the initial date of publication, other
642	proposals for the same project purpose. A copy of the notice
643	must be mailed to each local government in the affected areas.
644	After the public notification period has expired, the expressway
645	authority shall rank the proposals in order of preference. In
646	ranking the proposals, the expressway authority shall consider
647	professional qualifications, general business terms, innovative
648	engineering or cost-reduction terms, finance plans, and the need
649	for state funds to deliver the proposal. If the expressway
650	authority is not satisfied with the results of the negotiations,
651	it may, at its sole discretion, terminate negotiations with the
652	proposer. If these negotiations are unsuccessful, the expressway
653	authority may go the second and lower-ranked firms, in order,
654	using the same procedure. If only one proposal is received, the
655	expressway authority may negotiate in good faith and, if it is
656	not satisfied with the results, it may, at its sole discretion,
657	terminate negotiations with the proposer. Notwithstanding this
658	paragraph, the expressway authority may, at its discretion,
659	reject all proposals at any point in the process up to
660	completion of a contract with the proposer.
661	(d)  The department may lend funds from the Toll Facilities
662	Revolving Trust Fund, as outlined in s. 338.251, to public-
663	private partnerships. To be eligible, a private entity must
664	comply with s. 338.251 and must provide an indication from a
665	nationally recognized rating agency that the senior bonds for
666	the project will be investment grade or provide credit support,
667	such as a letter of credit or other means acceptable to the
668	department, to ensure that the loans will be fully repaid.
669	(e)  Agreements entered into pursuant to this subsection
670	may authorize the public-private entity to impose tolls or fares
671	for the use of the facility; however, the amount and use of toll
672	or fare revenues shall be regulated by the expressway authority
673	to avoid unreasonable costs to users of the facility.
674	(f)  Each public-private transportation facility
675	constructed pursuant to this subsection shall comply with all
676	requirements of federal, state, and local laws; state, regional,
677	and local comprehensive plans; the expressway authority's rules,
678	policies, procedures, and standards for transportation
679	facilities; and any other conditions that the expressway
680	authority determines to be in the public's best interest.
681	(g)  An expressway authority may exercise any power
682	possessed by it, including eminent domain, to facilitate the
683	development and construction of transportation projects pursuant
684	to this subsection. An expressway authority may pay all or part
685	of the cost of operating and maintaining the facility or may
686	provide services to the private entity for which it receives
687	full or partial reimbursement for services rendered.
688	(h)  Except as otherwise provided in this subsection, this
689	subsection is not intended to amend existing laws by granting
690	additional powers to governmental entities for or further
691	restrict governmental entities from regulating transportation
692	facilities and entering into cooperative arrangements with the
693	private sector for the planning, construction, and operation of
694	transportation facilities.
695	Section 12.  Subsection (2) of section 2 of chapter 88-418,
696	Laws of Florida, as amended in chapter 2002-20, Laws of Florida,
697	is further amended to read:
698	Section 2.  Crandon Boulevard is hereby designated as a
699	state historic highway. No public funds shall be expended for:
700	(2)  The alteration of the physical dimensions or location
701	of Crandon Boulevard, the median strip thereof, or the land
702	adjacent thereto, except for:
703	(a)  The routine or emergency utilities maintenance
704	activities necessitated to maintain the road as a utility
705	corridor serving the village of Key Biscayne; or
706	(b)  The modification or improvements made to provide for
707	vehicular ingress and egress of governmental public safety
708	vehicles; or
709	(c)  Alterations, modifications, or improvements made for
710	the purpose of enhancing life-safety vehicular and pedestrian
711	use of Crandon Boulevard so long as said alternations,
712	modifications, or improvements are heard in a public hearing and
713	subsequently approved by the village council of the Village of
714	Key Biscayne, Florida.
715	Section 13.  Except as otherwise provided herein, this act
716	shall take effect upon becoming a law.
717
718
719	================= T I T L E  A M E N D M E N T =================
720	Remove the entire title and insert:
721	A bill to be entitled
722	An act relating to transportation; amending s. 20.04,
723	F.S.; removing requirement that additional divisions of
724	the Department of Transportation be established by
725	statutory enactment; amending s. 20.23, F.S.; authorizing
726	the secretary of the Department of Transportation to make
727	additional staff appointments; revising the organization
728	of the department to specify areas of program
729	responsibility; authorizing the secretary to reorganize
730	offices within the department if recommended by the state
731	Department of Management Services and approved by the
732	Executive Office of the Governor; revising organizational
733	duties and authority of the secretary; amending s. 95.361,
734	F.S.; providing that certain filed claims shall not affect
735	rights of certain utilities; amending s. 110.205, F.S.;
736	conforming provisions relating to career service to
737	changes made by the act; amending s. 177.031, F.S.;
738	deleting requirement that survey markers must be encased
739	in concrete; providing that for certain materials,
740	encasing survey markers in concrete is optional; amending
741	s. 334.30, F.S.; revising provisions for public-private
742	construction of transportation facilities; providing
743	procedures for requests for proposals and receipt of
744	unsolicited proposals by the department; providing for use
745	of certain funds under described conditions; providing for
746	advancement of projects already in department's work
747	program to private entities; authorizing use of funds in
748	the Toll Facilities Revolving Trust Fund for certain
749	purposes; limiting the state's liability; amending s.
750	337.401, F.S.; exempting certain electric utilities from
751	the application of certain permit-delegation agreements
752	between the department and other governmental entities;
753	amending s. 337.408, F.S.; providing for placement of
754	certain modular news racks, including advertising thereon,
755	within the right-of-way limits of any municipal, county,
756	or state road; providing requirements, restrictions, and
757	limitations; authorizing removal under certain
758	circumstances; authorizing the department to adopt rules;
759	prohibiting the department from collecting a toll on the
760	Navarre Bridge in Santa Rosa County; amending s. 338.251,
761	F.S.; providing for Emerald Coast Bridge Authority to
762	revise its loan repayment schedule to the department;
763	amending s. 348.0004, F.S.; revising purposes and powers
764	of expressway authorities; providing legislative
765	declaration of public need; removing obsolete provisions
766	related to expressway authorities; providing for
767	expressway authorities to enter into partnerships with
768	private entities; providing procedures for requests for
769	proposals and receipt of unsolicited proposals;
770	authorizing expressway authorities to adopt rules
771	concerning public-private partnerships; specifying public
772	notice requirements; providing criteria for project
773	approval; requiring certain costs be borne by the private
774	entity; authorizing the department to lend funds from the
775	Toll Facilities Revolving Loan Trust Fund under certain
776	conditions; authorizing public-private entities to impose
777	tolls; providing for regulation of the amount and use of
778	the tolls by the expressway authority; specifying project
779	requirements; authorizing the expressway authority to
780	facilitate partnership projects; providing legislative
781	intent concerning existing laws and powers of expressway
782	authorities; amending chapter 88-418, Laws of Florida;
783	authorizing use of funds for modifications of Crandon
784	Boulevard for certain purposes; requiring public hearing
785	and approval by the council of the Villages of Key
786	Biscayne; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.