| 1 | A bill to be entitled | 
| 2 | An act relating to the Department of Transportation; | 
| 3 | amending s. 332.007, F.S.; authorizing the department to | 
| 4 | fund certain eligible aviation planning projects to be | 
| 5 | performed by not-for-profit organizations representing a | 
| 6 | majority of public airports; amending s. 337.11, F.S.; | 
| 7 | providing for department contracts to use written work | 
| 8 | orders pursuant to certain contingency items or | 
| 9 | supplemental agreements; removing requirement for surety | 
| 10 | approval of supplemental agreements; limiting liability of | 
| 11 | the surety when unapproved contract changes exceed a | 
| 12 | certain amount; providing purposes for the use of written | 
| 13 | work orders; revising criteria for use of supplemental | 
| 14 | agreements in department contracts; creating s. 337.195, | 
| 15 | F.S.; limiting liability under certain circumstances of a | 
| 16 | contractor who constructs or repairs a highway, road, | 
| 17 | street, or bridge for the department; amending s. 337.251, | 
| 18 | F.S.; authorizing the department to adopt rules governing | 
| 19 | the leasing of property for joint public-private | 
| 20 | development; amending s. 339.55, F.S.; establishing a | 
| 21 | limit on state-funded infrastructure bank loans to the | 
| 22 | State Transportation Trust Fund; amending s. 339.61, F.S.; | 
| 23 | revising legislative intent for transportation facilities | 
| 24 | comprising the Strategic Intermodal System; adding | 
| 25 | economic development and job growth as criteria for | 
| 26 | projects; amending s. 339.62, F.S.; adding planned | 
| 27 | facilities meeting certain criteria and thresholds to | 
| 28 | components of the Strategic Intermodal System; amending s. | 
| 29 | 339.64, F.S.; directing the Florida Transportation | 
| 30 | Commission to include as part of its annual work program | 
| 31 | review an assessment of the department's progress on the | 
| 32 | Strategic Intermodal System; requiring an annual report; | 
| 33 | directing the department to coordinate with federal, | 
| 34 | regional, and local entities for transportation planning | 
| 35 | impacting military installations; requiring the Strategic | 
| 36 | Intermodal System Plan to include an assessment of the | 
| 37 | impacts of proposed projects on military installations; | 
| 38 | adding a military representative to the Governor's | 
| 39 | appointees to the Statewide Intermodal Transportation | 
| 40 | Advisory Council; amending s. 373.4137, F.S.; revising | 
| 41 | requirements for projects intended to mitigate the adverse | 
| 42 | effects of transportation projects; removing the | 
| 43 | Department of Environmental Protection from the mitigation | 
| 44 | process; revising requirements for the Department of | 
| 45 | Transportation and transportation authorities with respect | 
| 46 | to submitting plans and inventories; authorizing the use | 
| 47 | of current-year funds for future projects; revising the | 
| 48 | requirements for reconciling escrow accounts used to fund | 
| 49 | mitigation projects; authorizing payments to a water | 
| 50 | management district to fund the costs of future | 
| 51 | maintenance and monitoring; requiring specified lump-sum | 
| 52 | payments to be used for the mitigation costs of certain | 
| 53 | projects; authorizing a governing board of a water | 
| 54 | management district to approve the use of mitigation funds | 
| 55 | for certain future projects; requiring that mitigation | 
| 56 | plans be approved by the water management district rather | 
| 57 | than the Department of Environmental Protection; providing | 
| 58 | an effective date. | 
| 59 | 
 | 
| 60 | Be It Enacted by the Legislature of the State of Florida: | 
| 61 | 
 | 
| 62 | Section 1.  Subsection (10) is added to section 332.007, | 
| 63 | Florida Statutes, to read: | 
| 64 | 332.007  Administration and financing of aviation and | 
| 65 | airport programs and projects; state plan.-- | 
| 66 | (10)  The department may also fund eligible projects | 
| 67 | performed by not-for-profit organizations that represent a | 
| 68 | majority of public airports in the state. Eligible projects may | 
| 69 | include activities associated with aviation master planning, | 
| 70 | professional education, safety and security planning, enhancing | 
| 71 | economic development and efficiency at the state's airports, or | 
| 72 | other planning efforts to improve the viability of the state's | 
| 73 | airports. | 
| 74 | Section 2.  Paragraphs (a) and (b) of subsection (8) of | 
| 75 | section 337.11, Florida Statutes, are amended to read: | 
| 76 | 337.11  Contracting authority of department; bids; | 
| 77 | emergency repairs, supplemental agreements, written work orders, | 
| 78 | and change orders; combined design and construction contracts; | 
| 79 | progress payments; records; requirements of vehicle | 
| 80 | registration.-- | 
| 81 | (8)(a)  The department shall permit the use of written | 
| 82 | supplemental agreements, written work orders pursuant to a | 
| 83 | contingency pay item or contingency supplemental agreement, and | 
| 84 | written change orders to any contract entered into by the | 
| 85 | department. Any supplemental agreement shall be reduced to | 
| 86 | written contract form , approved by the contractor's surety,and | 
| 87 | executed by the contractor and the department. Any supplemental | 
| 88 | agreement modifying any item in the original contract must be | 
| 89 | approved by the head of the department, or his or her designee, | 
| 90 | and executed by the appropriate person designated by him or her. | 
| 91 | Any surety issuing a bond pursuant to s. 337.18 shall be fully | 
| 92 | liable under such surety bond to the full extent of any modified | 
| 93 | contract amount up to and including 25 percent over the original | 
| 94 | contract amount, and without regard to the fact that the surety | 
| 95 | was not aware of or approved such modifications. However, if | 
| 96 | modifications of the original contract amount cumulatively | 
| 97 | result in modifications of the contract amount in excess of 25 | 
| 98 | percent of the original contract amount, the surety's approval | 
| 99 | shall be required to bind the surety under the bond on that | 
| 100 | portion in excess of 25 percent of the original contract amount. | 
| 101 | (b)  Supplemental agreements and written work orders | 
| 102 | pursuant to a contingency pay item or contingency supplemental | 
| 103 | agreement shall be used to clarify the plans and specifications | 
| 104 | of a contract; to provide for major quantity differences which | 
| 105 | result in the contractor's work effort exceeding the original | 
| 106 | contract amount by more than 5 percent;to provide for | 
| 107 | unforeseen work, grade changes, or alterations in plans which | 
| 108 | could not reasonably have been contemplated or foreseen in the | 
| 109 | original plans and specifications; to change the limits of | 
| 110 | construction to meet field conditions; to provide a safe and | 
| 111 | functional connection to an existing pavement; to settle | 
| 112 | contract claims; and to make the project functionally | 
| 113 | operational in accordance with the intent of the original | 
| 114 | contract. Supplemental agreements may be used to expand the | 
| 115 | physical limits of a project only to the extent necessary to | 
| 116 | make the project functionally operational in accordance with the | 
| 117 | intent of the original contract. The cost of any such agreement | 
| 118 | extending the physical limits of a project shall not exceed | 
| 119 | $100,000 or 10 percent of the original contract price, whichever | 
| 120 | is greater. | 
| 121 | Section 3.  Section 337.195, Florida Statutes, is created | 
| 122 | to read: | 
| 123 | 337.195  Contractor liability.--A contractor who constructs | 
| 124 | or repairs a highway, road, street, or bridge for the department | 
| 125 | is not liable to a claimant for personal injury, property | 
| 126 | damage, or death arising from the performance of the | 
| 127 | construction or repair if, at the time of the personal injury, | 
| 128 | property damage, or death, the contractor is in compliance with | 
| 129 | contract documents material to the condition or defect that was | 
| 130 | the proximate cause of the personal injury, property damage, or | 
| 131 | death. | 
| 132 | Section 4.  Subsection (10) is added to section 337.251, | 
| 133 | Florida Statutes, to read: | 
| 134 | 337.251  Lease of property for joint public-private | 
| 135 | development and areas above or below department property.-- | 
| 136 | (10)  The department may adopt rules to administer the | 
| 137 | provisions of this section. | 
| 138 | Section 5.  Subsection (2) of section 339.55, Florida | 
| 139 | Statutes, is amended to read: | 
| 140 | 339.55  State-funded infrastructure bank.-- | 
| 141 | (2)  The bank may lend capital costs or provide credit | 
| 142 | enhancements for a transportation facility project that is on | 
| 143 | the State Highway System or that provides for increased mobility | 
| 144 | on the state's transportation system or provides intermodal | 
| 145 | connectivity with airports, seaports, rail facilities, and other | 
| 146 | transportation terminals, pursuant to s. 341.053, for the | 
| 147 | movement of people and goods. Loans from the bank may be | 
| 148 | subordinated to senior project debt that has an investment grade | 
| 149 | rating of "BBB" or higher. Notwithstanding any other provision | 
| 150 | of law, the total outstanding state-funded infrastructure bank | 
| 151 | loan repayments over the average term of the loan repayment | 
| 152 | period, as needed to meet the requirements of the documents | 
| 153 | authorizing the bonds issued or proposed to be issued under s. | 
| 154 | 215.617 to be paid from the State Transportation Trust Fund, may | 
| 155 | not exceed 0.75 percent of the revenues deposited into the State | 
| 156 | Transportation Trust Fund. | 
| 157 | Section 6.  Section 339.61, Florida Statutes, is amended to | 
| 158 | read: | 
| 159 | 339.61  Florida Strategic Intermodal System; legislative | 
| 160 | findings, declaration, and intent.-- | 
| 161 | (1)  There is hereby created the Florida Strategic | 
| 162 | Intermodal System. For purposes of funding projects under the | 
| 163 | system, the department shall allocate from the State | 
| 164 | Transportation Trust Fund in its program and resource plan a | 
| 165 | minimum of $60 million each year , beginning in the 2004-2005 | 
| 166 | fiscal year. This allocation of funds is in addition to any | 
| 167 | funding provided to this system by any other provision of law. | 
| 168 | (2)  The Legislature finds that increasing demands are | 
| 169 | continuing to be placed on the state's transportation system by | 
| 170 | a fast-growing economy, continued population growth, and | 
| 171 | projected increases in freight movement, international trade, | 
| 172 | and tourism. The Legislature also finds that the state's growing | 
| 173 | regional and intercity economic centers will increase the demand | 
| 174 | for interregional and intercity travel and that the evolving | 
| 175 | service-based and information-based industries will change the | 
| 176 | type of transportation system that business and industry demand, | 
| 177 | increasing the importance of speed and reliability. The | 
| 178 | Legislature further finds that our transportation system must be | 
| 179 | designed and operated in such a way that it preserves the | 
| 180 | abundance of natural and manmade amenities that have been so | 
| 181 | successful in attracting new residents, businesses, and tourists | 
| 182 | to this state. Therefore, the Legislature declares that the | 
| 183 | designation of a strategic intermodal system, composed of | 
| 184 | facilities and services of statewide and interregional | 
| 185 | significance, will efficiently serve the mobility needs of | 
| 186 | Florida's citizens, businesses, and visitors and will help | 
| 187 | Florida become a worldwide economic leader, enhance economic | 
| 188 | prosperity and competitiveness, enrich quality of life, and | 
| 189 | reflect responsible environmental stewardship. To that end, it | 
| 190 | is the intent of the Legislature that the Strategic Intermodal | 
| 191 | System consist of transportation facilities that meet a | 
| 192 | strategic and essential state interest and help generate | 
| 193 | economic development and job growth and that limited resources | 
| 194 | available for the implementation of statewide and interregional | 
| 195 | transportation priorities be focused on that system. | 
| 196 | Section 7.  Subsection (7) is added to section 339.62, | 
| 197 | Florida Statutes, to read: | 
| 198 | 339.62  System components.--The Strategic Intermodal System | 
| 199 | shall consist of appropriate components of: | 
| 200 | (7)  Planned facilities, defined as transportation | 
| 201 | infrastructure that is projected to meet all applicable criteria | 
| 202 | and thresholds within the first 3 years of operation, has the | 
| 203 | consensus support of transportation partners to implement the | 
| 204 | project, and is financially feasible as demonstrated by | 
| 205 | inclusion in the department's work program or some other | 
| 206 | appropriate plan. | 
| 207 | Section 8.  Subsections (2), (3), and (4) and paragraph (b) | 
| 208 | of subsection (5) of section 339.64, Florida Statutes, are | 
| 209 | amended to read: | 
| 210 | 339.64  Strategic Intermodal System Plan.-- | 
| 211 | (2)  In association with the continued development of the | 
| 212 | initialStrategic Intermodal System Planand other | 
| 213 | transportation plans, the Florida Transportation Commission as | 
| 214 | part of its work program review process shall conduct an annual | 
| 215 | assessment of the progress the department and its transportation | 
| 216 | partners have made in realizing the goals of economic | 
| 217 | development, improved mobility, and increased intermodal | 
| 218 | connectivity need for an improved philosophical approach to | 
| 219 | regional and intermodal input in the planning for and governing | 
| 220 | of the Strategic Intermodal System and other transportation | 
| 221 | systems. The Florida Transportation Commission shall coordinate | 
| 222 | with the department, the Statewide Intermodal Transportation | 
| 223 | Advisory Council, and other appropriate entities when developing | 
| 224 | this assessment. The Florida Transportation Commission shall | 
| 225 | deliver a report to the Governor and Legislature no later than | 
| 226 | 14 days after the regular session of the Legislature begins by | 
| 227 | December 15, 2003,with recommendations as necessary to fully | 
| 228 | implement the Strategic Intermodal System. | 
| 229 | (3)(a)  During the development of updates to the Strategic | 
| 230 | Intermodal System Plan and the development of all subsequent | 
| 231 | updates, the department shall provide metropolitan planning | 
| 232 | organizations, regional planning councils, local governments, | 
| 233 | transportation providers, affected public agencies, and citizens | 
| 234 | with an opportunity to participate in and comment on the | 
| 235 | development of the proposed plan orupdate. | 
| 236 | (b)  The department also shall coordinate with federal, | 
| 237 | regional, and local partners the planning for the Strategic | 
| 238 | Highway Network and the Strategic Rail Corridor Network | 
| 239 | transportation facilities that either are included in the | 
| 240 | Strategic Intermodal System or provide a direct connection | 
| 241 | between military installations and the Strategic Intermodal | 
| 242 | System. In addition, the department shall coordinate with | 
| 243 | regional and local partners to determine whether the road and | 
| 244 | other transportation infrastructure that connect military | 
| 245 | installations to the Strategic Intermodal System, the Strategic | 
| 246 | Highway Network, or the Strategic Rail Corridor are regionally | 
| 247 | significant and should be included in the Strategic Intermodal | 
| 248 | System Plan. | 
| 249 | (4)  The Strategic Intermodal System Plan shall include the | 
| 250 | following: | 
| 251 | (a)  A needs assessment. | 
| 252 | (b)  A project prioritization process. | 
| 253 | (c)  A map of facilities designated as Strategic Intermodal | 
| 254 | System facilities, andfacilities that are emerging in | 
| 255 | importance that are likely to become part of the system in the | 
| 256 | future, and planned facilities that will meet the established | 
| 257 | criteria. | 
| 258 | (d)  A finance plan based on reasonable projections of | 
| 259 | anticipated revenues, including both 10-year and 20-year cost- | 
| 260 | feasible components. | 
| 261 | (e)  An assessment of the impacts of proposed improvements | 
| 262 | to Strategic Intermodal System corridors on military | 
| 263 | installations that are either located directly on the Strategic | 
| 264 | Intermodal System or located on the Strategic Highway Network or | 
| 265 | Strategic Rail Corridor Network. | 
| 266 | (5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY | 
| 267 | COUNCIL.-- | 
| 268 | (b)  MEMBERSHIP.--Members of the Statewide Intermodal | 
| 269 | Transportation Advisory Council shall consist of the following: | 
| 270 | 1.  Six Fiveintermodal industry representatives selected | 
| 271 | by the Governor as follows: | 
| 272 | a.  One representative from an airport involved in the | 
| 273 | movement of freight and people from their airport facility to | 
| 274 | another transportation mode. | 
| 275 | b.  One individual representing a fixed-route, local- | 
| 276 | government transit system. | 
| 277 | c.  One representative from an intercity bus company | 
| 278 | providing regularly scheduled bus travel as determined by | 
| 279 | federal regulations. | 
| 280 | d.  One representative from a spaceport. | 
| 281 | e.  One representative from intermodal trucking companies. | 
| 282 | f.  One representative with command responsibilities of a | 
| 283 | major military installation. | 
| 284 | 2.  Three intermodal industry representatives selected by | 
| 285 | the President of the Senate as follows: | 
| 286 | a.  One representative from major-line railroads. | 
| 287 | b.  One representative from seaports listed in s. 311.09(1) | 
| 288 | from the Atlantic Coast. | 
| 289 | c.  One representative from an airport involved in the | 
| 290 | movement of freight and people from their airport facility to | 
| 291 | another transportation mode. | 
| 292 | 3.  Three intermodal industry representatives selected by | 
| 293 | the Speaker of the House of Representatives as follows: | 
| 294 | a.  One representative from short-line railroads. | 
| 295 | b.  One representative from seaports listed in s. 311.09(1) | 
| 296 | from the Gulf Coast. | 
| 297 | c.  One representative from intermodal trucking companies. | 
| 298 | In no event may this representative be employed by the same | 
| 299 | company that employs the intermodal trucking company | 
| 300 | representative selected by the Governor. | 
| 301 | Section 9.  Section 373.4137, Florida Statutes, is amended | 
| 302 | to read: | 
| 303 | 373.4137  Mitigation requirements for specified | 
| 304 | transportation projects.-- | 
| 305 | (1)  The Legislature finds that environmental mitigation | 
| 306 | for the impact of transportation projects proposed by the | 
| 307 | Department of Transportation or a transportation authority | 
| 308 | established pursuant to chapter 348 or chapter 349 can be more | 
| 309 | effectively achieved by regional, long-range mitigation planning | 
| 310 | rather than on a project-by-project basis. It is the intent of | 
| 311 | the Legislature that mitigation to offset the adverse effects of | 
| 312 | these transportation projects be funded by the Department of | 
| 313 | Transportation and be carried out by the Department of | 
| 314 | Environmental Protection andthe water management districts, | 
| 315 | including the use of mitigation banks established pursuant to | 
| 316 | this part. | 
| 317 | (2)  Environmental impact inventories for transportation | 
| 318 | projects proposed by the Department of Transportation or a | 
| 319 | transportation authority established pursuant to chapter 348 or | 
| 320 | chapter 349 shall be developed as follows: | 
| 321 | (a)  By July May1 of each year, the Department of | 
| 322 | Transportation or a transportation authority established | 
| 323 | pursuant to chapter 348 or chapter 349 shall submit to the | 
| 324 | Department of Environmental Protection andthe water management | 
| 325 | districts a copy of its adopted work program and an | 
| 326 | environmental impact inventory of habitats addressed in the | 
| 327 | rules adopted tentatively,pursuant to this part and s. 404 of | 
| 328 | the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted by | 
| 329 | its plan of construction for transportation projects in the next | 
| 330 | 3 years of the tentative work program. The Department of | 
| 331 | Transportation or a transportation authority established | 
| 332 | pursuant to chapter 348 or chapter 349 may also include in its | 
| 333 | environmental impact inventory the habitat impacts of any future | 
| 334 | transportation project identified in the tentative work program. | 
| 335 | The Department of Transportation and each transportation | 
| 336 | authority established pursuant to chapter 348 or chapter 349 may | 
| 337 | fund any mitigation activities for future projects using | 
| 338 | current-year funds. | 
| 339 | (b)  The environmental impact inventory shall include a | 
| 340 | description of these habitat impacts, including their location, | 
| 341 | acreage, and type; state water quality classification of | 
| 342 | impacted wetlands and other surface waters; any other state or | 
| 343 | regional designations for these habitats; and a survey of | 
| 344 | threatened species, endangered species, and species of special | 
| 345 | concern affected by the proposed project. | 
| 346 | (3)(a)  To fund development and implementation of the | 
| 347 | mitigation plan for the projected impacts identified in the | 
| 348 | environmental impact inventory described in subsection (2), the | 
| 349 | Department of Transportation shall identify funds quarterly in | 
| 350 | an escrow account within the State Transportation Trust Fund for | 
| 351 | the environmental mitigation phase of projects budgeted by the | 
| 352 | Department of Transportation for the current fiscal year. The | 
| 353 | escrow account shall be maintained by the Department of | 
| 354 | Transportation for the benefit of the Department of | 
| 355 | Environmental Protection andthe water management districts. Any | 
| 356 | interest earnings from the escrow account shall remain with the | 
| 357 | Department of Transportation. | 
| 358 | (b)  Each transportation authority established pursuant to | 
| 359 | chapter 348 or chapter 349 that chooses to participate in this | 
| 360 | program shall create an escrow account within its financial | 
| 361 | structure and deposit funds in the account to pay for the | 
| 362 | environmental mitigation phase of projects budgeted for the | 
| 363 | current fiscal year. The escrow account shall be maintained by | 
| 364 | the authority for the benefit of the Department of Environmental | 
| 365 | Protection andthe water management districts. Any interest | 
| 366 | earnings from the escrow account shall remain with the | 
| 367 | authority. | 
| 368 | (c)  Except for current mitigation projects in the | 
| 369 | monitoring and maintenance phase and except as allowed by | 
| 370 | paragraph (d), the Department of Environmental Protection or | 
| 371 | water management districts may request a transfer of funds from | 
| 372 | an escrow account no sooner than 30 days prior to the date the | 
| 373 | funds are needed to pay for activities associated with | 
| 374 | development or implementation of the approved mitigation plan | 
| 375 | described in subsection (4) for the current fiscal year, | 
| 376 | including, but not limited to, design, engineering, production, | 
| 377 | and staff support. Actual conceptual plan preparation costs | 
| 378 | incurred before plan approval may be submitted to the Department | 
| 379 | of Transportation or the appropriate transportation authority | 
| 380 | and the Department of Environmental Protection by November 1 of | 
| 381 | each year with the plan. The conceptual plan preparation costs | 
| 382 | of each water management district will be paid from mitigation | 
| 383 | funds associated with the environmental impact inventory for the | 
| 384 | current year based on the amount approved on the mitigation plan | 
| 385 | and allocated to the current fiscal year projects identified by | 
| 386 | the water management district. The amount transferred to the | 
| 387 | escrow accounts each year by the Department of Transportation | 
| 388 | and participating transportation authorities established | 
| 389 | pursuant to chapter 348 or chapter 349 shall correspond to a | 
| 390 | cost per acre of $75,000 multiplied by the projected acres of | 
| 391 | impact identified in the environmental impact inventory | 
| 392 | described in subsection (2). However, the $75,000 cost per acre | 
| 393 | does not constitute an admission against interest by the state | 
| 394 | or its subdivisions nor is the cost admissible as evidence of | 
| 395 | full compensation for any property acquired by eminent domain or | 
| 396 | through inverse condemnation. Each July 1, the cost per acre | 
| 397 | shall be adjusted by the percentage change in the average of the | 
| 398 | Consumer Price Index issued by the United States Department of | 
| 399 | Labor for the most recent 12-month period ending September 30, | 
| 400 | compared to the base year average, which is the average for the | 
| 401 | 12-month period ending September 30, 1996. Each quarter At the | 
| 402 | end of each year, the projected acreage of impact shall be | 
| 403 | reconciled with the acreage of impact of projects as permitted, | 
| 404 | including permit modifications, pursuant to this part and s. 404 | 
| 405 | of the Clean Water Act, 33 U.S.C. s. 1344. The subject year's | 
| 406 | transfer of funds shall be adjusted accordingly to reflect the | 
| 407 | acreage of impacts as permitted overtransfer or undertransfer of | 
| 408 | funds from the preceding year. The Department of Transportation | 
| 409 | and participating transportation authorities established | 
| 410 | pursuant to chapter 348 or chapter 349 are authorized to | 
| 411 | transfer such funds from the escrow accounts to the Department | 
| 412 | of Environmental Protection andthe water management districts | 
| 413 | to carry out the mitigation programs. For a mitigation project | 
| 414 | that is in the maintenance and monitoring phase, the water | 
| 415 | management district may request and receive a one-time payment | 
| 416 | based on the project's expected future maintenance and | 
| 417 | monitoring costs. Upon disbursement of the final maintenance and | 
| 418 | monitoring payment, the escrow account for the project | 
| 419 | established by the Department of Transportation or the | 
| 420 | participating transportation authority may be closed. Any | 
| 421 | interest earned on these disbursed funds shall remain with the | 
| 422 | water management district and must be used as authorized under | 
| 423 | paragraph (4)(c). | 
| 424 | (d)  Beginning in the 2005-2006 fiscal year, each water | 
| 425 | management district shall be paid a lump-sum amount of $75,000 | 
| 426 | per acre, adjusted as provided under paragraph (c), for | 
| 427 | federally funded transportation projects that are included on | 
| 428 | the environmental impact inventory and that have an approved | 
| 429 | mitigation plan. Beginning in the 2009-2010 fiscal year, each | 
| 430 | water management district shall be paid a lump-sum amount of | 
| 431 | $75,000 per acre, adjusted as provided under paragraph (c), for | 
| 432 | federally funded and nonfederally funded transportation projects | 
| 433 | that have an approved mitigation plan. All mitigation costs, | 
| 434 | including, but not limited to, the costs of preparing conceptual | 
| 435 | plans and the costs of design, construction, staff support, | 
| 436 | future maintenance, and monitoring the mitigated acres, shall be | 
| 437 | funded through these lump-sum amounts. | 
| 438 | (4)  Prior to March December1 of each year, each water | 
| 439 | management district, in consultation with the Department of | 
| 440 | Environmental Protection, the United States Army Corps of | 
| 441 | Engineers, the Department of Transportation, transportation | 
| 442 | authorities established pursuant to chapter 348 or chapter 349, | 
| 443 | and other appropriate federal, state, and local governments, and | 
| 444 | other interested parties, including entities operating | 
| 445 | mitigation banks, shall develop a plan for the primary purpose | 
| 446 | of complying with the mitigation requirements adopted pursuant | 
| 447 | to this part and 33 U.S.C. s. 1344. This plan shall also address | 
| 448 | significant invasive plant problems within wetlands and other | 
| 449 | surface waters.In developing such plans, the districts shall | 
| 450 | utilize sound ecosystem management practices to address | 
| 451 | significant water resource needs and shall focus on activities | 
| 452 | of the Department of Environmental Protection and the water | 
| 453 | management districts, such as surface water improvement and | 
| 454 | management (SWIM) projects waterbodiesand lands identified for | 
| 455 | potential acquisition for preservation, restoration or , and | 
| 456 | enhancement, and the control of invasive and exotic plants in | 
| 457 | wetlands and other surface waters, to the extent that such | 
| 458 | activities comply with the mitigation requirements adopted under | 
| 459 | this part and 33 U.S.C. s. 1344. In determining the activities | 
| 460 | to be included in such plans, the districts shall also consider | 
| 461 | the purchase of credits from public or private mitigation banks | 
| 462 | permitted under s. 373.4136 and associated federal authorization | 
| 463 | and shall include such purchase as a part of the mitigation plan | 
| 464 | when such purchase would offset the impact of the transportation | 
| 465 | project, provide equal benefits to the water resources than | 
| 466 | other mitigation options being considered, and provide the most | 
| 467 | cost-effective mitigation option. The mitigation plan shall be | 
| 468 | submitted to preliminarily approved bythe water management | 
| 469 | district governing board or its designee and shall be submitted | 
| 470 | to the secretary of the Department of Environmental Protection | 
| 471 | for review and finalapproval.The preliminary approval by the | 
| 472 | water management district governing board does not constitute a | 
| 473 | decision that affects substantial interests as provided by s. | 
| 474 | 120.569.At least 1430days prior topreliminaryapproval, the | 
| 475 | water management district shall provide a copy of the draft | 
| 476 | mitigation plan to any person who has requested a copy. | 
| 477 | (a)  For each transportation project with a funding request | 
| 478 | for the next fiscal year, the mitigation plan must include a | 
| 479 | brief explanation of why a mitigation bank was or was not chosen | 
| 480 | as a mitigation option, including an estimation of identifiable | 
| 481 | costs of the mitigation bank and nonbank options to the extent | 
| 482 | practicable. | 
| 483 | (b)  Specific projects may be excluded from the mitigation | 
| 484 | plan, in whole or in part, and shall not be subject to this | 
| 485 | section upon the agreement of the Department of Transportation, | 
| 486 | or a transportation authority if applicable, the Department of | 
| 487 | Environmental Protection,and the appropriate water management | 
| 488 | district that the inclusion of such projects would hamper the | 
| 489 | efficiency or timeliness of the mitigation planning and | 
| 490 | permitting process. , or the Department of Environmental | 
| 491 | Protection andThe water management district may choose to | 
| 492 | exclude a project, in whole or in part, if the district is are | 
| 493 | unable to identify mitigation that would offset theimpacts of | 
| 494 | the project. | 
| 495 | (c)  Surface water improvement and management or invasive | 
| 496 | plant control projects undertaken using the $12 million advance | 
| 497 | transferred from the Department of Transportation to the | 
| 498 | Department of Environmental Protection in fiscal year 1996-1997 | 
| 499 | which meet the requirements for mitigation under this part and | 
| 500 | 33 U.S.C. s. 1344 shall remain available for mitigation until | 
| 501 | the $12 million is fully credited up to and including fiscal | 
| 502 | year 2005-2006. When these projects are used as mitigation, the | 
| 503 | $12 million advance shall be reduced by $75,000 per acre of | 
| 504 | impact mitigated. For any fiscal year through and including | 
| 505 | fiscal year 2005-2006,To the extent the cost of developing and | 
| 506 | implementing the mitigation plans is less than the funds placed | 
| 507 | in the escrow account amount transferredpursuant to subsection | 
| 508 | (3), the difference shall be retained by the Department of | 
| 509 | Transportation and credited towards the $12 million advance | 
| 510 | until the Department of Transportation is fully refunded for | 
| 511 | this advance funding. After the $12 million advance funding is | 
| 512 | fully credited Except as provided in this paragraph, any funds | 
| 513 | not directed to implement the mitigation plan should, to the | 
| 514 | greatest extent possible, be directed to fund invasive plant | 
| 515 | control within wetlands and other surface waters, SWIM projects, | 
| 516 | or other water-resource projects approved by the governing board | 
| 517 | of the water management district which may be appropriate to | 
| 518 | offset environmental impacts of future transportation projects. | 
| 519 | The water management districts may request these funds upon | 
| 520 | submittal of the final invoice for each road project. | 
| 521 | (5)  The water management district shall be responsible for | 
| 522 | ensuring that mitigation requirements pursuant to 33 U.S.C. s. | 
| 523 | 1344 are met for the impacts identified in the environmental | 
| 524 | impact inventory described in subsection (2), by implementation | 
| 525 | of the approved plan described in subsection (4) to the extent | 
| 526 | funding is provided by the Department of Transportation, or a | 
| 527 | transportation authority established pursuant to chapter 348 or | 
| 528 | chapter 349, if applicable. During the federal permitting | 
| 529 | process, the water management district may deviate from the | 
| 530 | approved mitigation plan in order to comply with federal | 
| 531 | permitting requirements. | 
| 532 | (6)  The mitigation plans shall be updated annually to | 
| 533 | reflect the most current Department of Transportation work | 
| 534 | program and project list of a transportation authority | 
| 535 | established pursuant to chapter 348 or chapter 349, if | 
| 536 | applicable, and may be amended throughout the year to anticipate | 
| 537 | schedule changes or additional projects which may arise. Each | 
| 538 | update and amendment of the mitigation plan shall be submitted | 
| 539 | to the governing board of the water management district or its | 
| 540 | designee secretary of the Department of Environmental Protection | 
| 541 | for approval. However, such approval shall not be applicable to | 
| 542 | a deviation as described in subsection (5). | 
| 543 | (7)  Upon approval by the governing board of the water | 
| 544 | management district or its designee secretary of the Department | 
| 545 | of Environmental Protection, the mitigation plan shall be deemed | 
| 546 | to satisfy the mitigation requirements under this part for | 
| 547 | impacts specifically identified in the environmental impact | 
| 548 | inventory described in subsection (2) and any other mitigation | 
| 549 | requirements imposed by local, regional, and state agencies for | 
| 550 | these same impacts identified in the inventory described in | 
| 551 | subsection (2). The approval of the governing board of the water | 
| 552 | management district or its designee secretaryshall authorize | 
| 553 | the activities proposed in the mitigation plan, and no other | 
| 554 | state, regional, or local permit or approval shall be necessary. | 
| 555 | (8)  This section shall not be construed to eliminate the | 
| 556 | need for the Department of Transportation or a transportation | 
| 557 | authority established pursuant to chapter 348 or chapter 349 to | 
| 558 | comply with the requirement to implement practicable design | 
| 559 | modifications, including realignment of transportation projects, | 
| 560 | to reduce or eliminate the impacts of its transportation | 
| 561 | projects on wetlands and other surface waters as required by | 
| 562 | rules adopted pursuant to this part, or to diminish the | 
| 563 | authority under this part to regulate other impacts, including | 
| 564 | water quantity or water quality impacts, or impacts regulated | 
| 565 | under this part that are not identified in the environmental | 
| 566 | impact inventory described in subsection (2). | 
| 567 | (9)  The process for environmental mitigation for the | 
| 568 | impact of transportation projects under this section shall be | 
| 569 | available to an expressway, bridge, or transportation authority | 
| 570 | established under chapter 348 or chapter 349. Use of this | 
| 571 | process may be initiated by an authority depositing the | 
| 572 | requisite funds into an escrow account set up by the authority | 
| 573 | and filing an environmental impact inventory with the | 
| 574 | appropriate water management district. An authority that | 
| 575 | initiates the environmental mitigation process established by | 
| 576 | this section shall comply with subsection (6) by timely | 
| 577 | providing the appropriate water management district and the | 
| 578 | Department of Environmental Protectionwith the requisite work | 
| 579 | program information. A water management district may draw down | 
| 580 | funds from the escrow account as provided in this section. | 
| 581 | Section 10.  This act shall take effect July 1, 2005. |