1

A bill to be entitled

2

An act relating to the Department of Transportation;

3

amending s. 337.185, F.S.; providing for maintenance

4

contracts to be included in the types of claims settled by

5

the State Arbitration Board; amending s. 337.403, F.S.;

6

providing for the department or a local governmental

7

entity to pay the costs of removing or relocating a

8

utility that is interfering with the use of a road or rail

9

corridor; amending s. 338.01, F.S.; requiring that newly

10

installed electronic toll collection systems be

11

interoperable with the department's electronic toll

12

collection system; amending s. 338.165, F.S.; providing

13

that provisions requiring the continuation of tolls

14

following the discharge of bond indebtedness does not

15

apply to high-occupancy toll lanes or express lanes;

16

creating s. 338.166, F.S.; authorizing the department to

17

request that bonds be issued which are secured by toll

18

revenues from high-occupancy toll or express lanes in a

19

specified location; providing for the department to

20

continue to collect tolls after discharge of indebtedness;

21

authorizing the use of excess toll revenues for

22

improvements to the State Highway System; authorizing the

23

implementation of variable rate tolls on high-occupancy

24

toll lanes or express lanes; amending s. 338.2216, F.S.;

25

directing the turnpike enterprise to develop new

26

technologies and processes for the collection of tolls and

27

usage fees; amending s. 338.231, F.S.; eliminating

28

reference to uniform toll rates on the Florida Turnpike

29

System; authorizing the department to fix by rule and

30

collect the amounts needed to cover toll collection costs;

31

amending s. 479.01, F.S.; redefining the term "automatic

32

changeable facing" as used in provisions governing outdoor

33

advertising; amending s. 479.07, F.S.; revising the

34

locations within which signs require permitting; providing

35

requirements for the placement of permit tags; requiring

36

the department to establish by rule a service fee and

37

specifications for replacement tags; amending s. 479.08,

38

F.S.; deleting a provision allowing a sign permittee to

39

correct false information that was knowingly provided to

40

the department; requiring the department to include

41

certain information in the notice of violation; amending

42

s. 479.11, F.S.; revising the description of prohibited

43

signs; amending s. 479.261, F.S.; revising requirements

44

for the logo sign program of the interstate highway

45

system; deleting provisions providing for permits to be

46

awarded to the highest bidders; requiring the department

47

to implement a rotation-based logo program; increasing the

48

permit fee for businesses that participate in the program;

49

providing an effective date.

50

51

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

52

53

     Section 1.  Subsections (1), (2), and (7) of section

54

337.185, Florida Statutes, are amended to read:

55

     337.185  State Arbitration Board.--

56

     (1)  To facilitate the prompt settlement of claims for

57

additional compensation arising out of construction and

58

maintenance contracts between the department and the various

59

contractors with whom it transacts business, the Legislature does

60

hereby establish the State Arbitration Board, referred to in this

61

section as the "board." For the purpose of this section, "claim"

62

means shall mean the aggregate of all outstanding claims by a

63

party arising out of a construction or maintenance contract.

64

Every contractual claim in an amount up to $250,000 per contract

65

or, at the claimant's option, up to $500,000 per contract or,

66

upon agreement of the parties, up to $1 million per contract

67

which that cannot be resolved by negotiation between the

68

department and the contractor shall be arbitrated by the board

69

after acceptance of the project by the department. As an

70

exception, either party to the dispute may request that the claim

71

be submitted to binding private arbitration. A court of law may

72

not consider the settlement of such a claim until the process

73

established by this section has been exhausted.

74

     (2)  The board shall be composed of three members. One

75

member shall be appointed by the head of the department, and one

76

member shall be elected by those construction or maintenance

77

companies who are under contract with the department. The third

78

member shall be chosen by agreement of the other two members.

79

Whenever the third member has a conflict of interest regarding

80

affiliation with one of the parties, the other two members shall

81

select an alternate member for that hearing. The head of the

82

department may select an alternative or substitute to serve as

83

the department member for any hearing or term. Each member shall

84

serve a 2-year term. The board shall elect a chair, each term,

85

who shall be the administrator of the board and custodian of its

86

records.

87

     (7)  The members of the board may receive compensation for

88

the performance of their duties hereunder, from administrative

89

fees received by the board, except that no employee of the

90

department may receive compensation from the board. The

91

compensation amount shall be determined by the board, but shall

92

not exceed $125 per hour, up to a maximum of $1,000 per day for

93

each member authorized to receive compensation. Nothing in This

94

section does not shall prevent the member elected by construction

95

or maintenance companies from being an employee of an association

96

affiliated with the industry, even if the sole responsibility of

97

that member is service on the board. Travel expenses for the

98

industry member may be paid by an industry association, if

99

necessary. The board may allocate funds annually for clerical and

100

other administrative services.

101

     Section 2.  Subsection (1) of section 337.403, Florida

102

Statutes, is amended to read:

103

     337.403  Relocation of utility; expenses.--

104

     (1)  Any utility heretofore or hereafter placed upon, under,

105

over, or along any public road or publicly owned rail corridor

106

which that is found by the authority to be unreasonably

107

interfering in any way with the convenient, safe, or continuous

108

use, or the maintenance, improvement, extension, or expansion, of

109

such public road or publicly owned rail corridor shall, upon 30

110

days' written notice to the utility or its agent by the

111

authority, be removed or relocated by such utility at its own

112

expense except as provided in paragraphs (a), (b), and (c), and

113

(d).

114

     (a)  If the relocation of utility facilities, as referred to

115

in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627

116

of the 84th Congress, is necessitated by the construction of a

117

project on the federal-aid interstate system, including

118

extensions thereof within urban areas, and the cost of such

119

project is eligible and approved for reimbursement by the Federal

120

Government to the extent of 90 percent or more under the Federal

121

Aid Highway Act, or any amendment thereof, then in that event the

122

utility owning or operating such facilities shall relocate such

123

facilities upon order of the department, and the state shall pay

124

the entire expense properly attributable to such relocation after

125

deducting therefrom any increase in the value of the new facility

126

and any salvage value derived from the old facility.

127

     (b)  When a joint agreement between the department and the

128

utility is executed for utility improvement, relocation, or

129

removal work to be accomplished as part of a contract for

130

construction of a transportation facility, the department may

131

participate in those utility improvement, relocation, or removal

132

costs that exceed the department's official estimate of the cost

133

of such work by more than 10 percent. The amount of such

134

participation shall be limited to the difference between the

135

official estimate of all the work in the joint agreement plus 10

136

percent and the amount awarded for this work in the construction

137

contract for such work. The department may not participate in any

138

utility improvement, relocation, or removal costs that occur as a

139

result of changes or additions during the course of the contract.

140

     (c)  When an agreement between the department and utility is

141

executed for utility improvement, relocation, or removal work to

142

be accomplished in advance of a contract for construction of a

143

transportation facility, the department may participate in the

144

cost of clearing and grubbing necessary to perform such work.

145

     (d) If the utility facility being removed or relocated was

146

initially installed exclusively to serve the authority, its

147

tenants, or both the authority and its tenants, the authority

148

shall bear the costs of removal or relocation of that utility

149

facility. However, the authority shall not be responsible for

150

bearing the cost of removal or relocation of any subsequent

151

additions to the utility facility for the purpose of serving

152

others.

153

     Section 3.  Subsection (6) is added to section 338.01,

154

Florida Statutes, to read:

155

     338.01  Authority to establish and regulate limited access

156

facilities.--

157

     (6) Notwithstanding any other provision of law, all new

158

limited access facilities and existing transportation facilities

159

on which new or replacement electronic toll collection systems

160

are installed shall be interoperable with the department's

161

electronic toll collection system.

162

     Section 4.  Present subsections (7) and (8) of section

163

338.165, Florida Statutes, are redesignated as subsections (8)

164

and (9), respectively, and a new subsection (7) is added to that

165

section, to read:

166

     338.165  Continuation of tolls.--

167

     (7) This section does not apply to high-occupancy toll

168

lanes or express lanes.

169

     Section 5.  Section 338.166, Florida Statutes, is created to

170

read:

171

     338.166 High-occupancy toll lanes or express lanes.--

172

     (1) Under s. 11, Art. VII of the State Constitution, the

173

department may request the Division of Bond Finance to issue

174

bonds secured by toll revenues collected on high-occupancy toll

175

lanes or express lanes located on Interstate 95 in Miami-Dade and

176

Broward Counties.

177

     (2) The department may continue to collect the toll on the

178

high-occupancy toll lanes or express lanes after the discharge of

179

any bond indebtedness related to such project. All tolls so

180

collected shall first be used to pay the annual cost of the

181

operation, maintenance, and improvement of the high-occupancy

182

toll lanes or express lanes project.

183

     (3) Any remaining toll revenue from the high-occupancy toll

184

lanes or express lanes shall be used by the department for the

185

construction, maintenance, or improvement of any road on the

186

State Highway System.

187

     (4) The department is authorized to implement variable rate

188

tolls on high-occupancy toll lanes or express lanes.

189

     (5) Except for high-occupancy toll lanes or express lanes,

190

tolls may not be charged for use of an interstate highway where

191

tolls were not charged as of July 1, 1997.

192

     (6) This section does not apply to the turnpike system as

193

defined under the Florida Turnpike Enterprise Law.

194

     Section 6.  Paragraph (d) is added to subsection (1) of

195

section 338.2216, Florida Statutes, to read:

196

     338.2216  Florida Turnpike Enterprise; powers and

197

authority.--

198

     (1)

199

     (d) The turnpike enterprise is directed to pursue and

200

implement new technologies and processes in its operations and in

201

the collection of tolls and other amounts associated with road

202

and infrastructure use. This shall include, without limitation,

203

video billing and variable pricing.

204

     Section 7.  Section 338.231, Florida Statutes, is amended to

205

read:

206

     338.231  Turnpike tolls, fixing; pledge of tolls and other

207

revenues.--The department shall at all times fix, adjust, charge,

208

and collect such tolls for the use of the turnpike system as are

209

required in order to provide a fund sufficient with other

210

revenues of the turnpike system to pay the cost of maintaining,

211

improving, repairing, and operating such turnpike system; to pay

212

the principal of and interest on all bonds issued to finance or

213

refinance any portion of the turnpike system as the same become

214

due and payable; and to create reserves for all such purposes.

215

     (1) In the process of effectuating toll rate increases over

216

the period 1988 through 1992, the department shall, to the

217

maximum extent feasible, equalize the toll structure, within each

218

vehicle classification, so that the per mile toll rate will be

219

approximately the same throughout the turnpike system. New

220

turnpike projects may have toll rates higher than the uniform

221

system rate where such higher toll rates are necessary to qualify

222

the project in accordance with the financial criteria in the

223

turnpike law. Such higher rates may be reduced to the uniform

224

system rate when the project is generating sufficient revenues to

225

pay the full amount of debt service and operating and maintenance

226

costs at the uniform system rate. If, after 15 years of opening

227

to traffic, the annual revenue of a turnpike project does not

228

meet or exceed the annual debt service requirements and operating

229

and maintenance costs attributable to such project, the

230

department shall, to the maximum extent feasible, establish a

231

toll rate for the project which is higher than the uniform system

232

rate as necessary to meet such annual debt service requirements

233

and operating and maintenance costs. The department may, to the

234

extent feasible, establish a temporary toll rate at less than the

235

uniform system rate for the purpose of building patronage for the

236

ultimate benefit of the turnpike system. In no case shall the

237

temporary rate be established for more than 1 year. The

238

requirements of this subsection shall not apply when the

239

application of such requirements would violate any covenant

240

established in a resolution or trust indenture relating to the

241

issuance of turnpike bonds.

242

     (1)(2) Notwithstanding any other provision of law, the

243

department may defer the scheduled July 1, 1993, toll rate

244

increase on the Homestead Extension of the Florida Turnpike until

245

July 1, 1995. The department may also advance funds to the

246

Turnpike General Reserve Trust Fund to replace estimated lost

247

revenues resulting from this deferral. The amount advanced must

248

be repaid within 12 years from the date of advance; however, the

249

repayment is subordinate to all other debt financing of the

250

turnpike system outstanding at the time repayment is due.

251

     (2)(3) The department shall publish a proposed change in

252

the toll rate for the use of an existing toll facility, in the

253

manner provided for in s. 120.54, which will provide for public

254

notice and the opportunity for a public hearing before the

255

adoption of the proposed rate change. When the department is

256

evaluating a proposed turnpike toll project under s. 338.223 and

257

has determined that there is a high probability that the project

258

will pass the test of economic feasibility predicated on proposed

259

toll rates, the toll rate that is proposed to be charged after

260

the project is constructed must be adopted during the planning

261

and project development phase of the project, in the manner

262

provided for in s. 120.54, including public notice and the

263

opportunity for a public hearing. For such a new project, the

264

toll rate becomes effective upon the opening of the project to

265

traffic.

266

     (3)(a)(4) For the period July 1, 1998, through June 30,

267

2017, the department shall, to the maximum extent feasible,

268

program sufficient funds in the tentative work program such that

269

the percentage of turnpike toll and bond financed commitments in

270

Dade County, Broward County, and Palm Beach County as compared to

271

total turnpike toll and bond financed commitments shall be at

272

least 90 percent of the share of net toll collections

273

attributable to users of the turnpike system in Dade County,

274

Broward County, and Palm Beach County as compared to total net

275

toll collections attributable to users of the turnpike system.

276

The requirements of this subsection do not apply when the

277

application of such requirements would violate any covenant

278

established in a resolution or trust indenture relating to the

279

issuance of turnpike bonds. The department may establish at any

280

time for economic considerations lower temporary toll rates for a

281

new or existing toll facility for a period not to exceed 1 year,

282

after which period the toll rates adopted under s. 120.54 shall

283

become effective.

284

     (b) The department shall also fix, adjust, charge, and

285

collect such amounts needed to cover the costs of administering

286

the different toll collection and payment methods and types of

287

accounts being offered and used in the manner provided for in s.

288

120.54, which provides for public notice and the opportunity for

289

a public hearing before adoption. Such amounts may stand alone,

290

be incorporated into a toll rate structure, or be a combination

291

thereof.

292

     (4)(5) When bonds are outstanding which have been issued to

293

finance or refinance any turnpike project, the tolls and all

294

other revenues derived from the turnpike system and pledged to

295

such bonds shall be set aside as may be provided in the

296

resolution authorizing the issuance of such bonds or the trust

297

agreement securing the same. The tolls or other revenues or other

298

moneys so pledged and thereafter received by the department are

299

immediately subject to the lien of such pledge without any

300

physical delivery thereof or further act. The lien of any such

301

pledge is valid and binding as against all parties having claims

302

of any kind in tort or contract or otherwise against the

303

department irrespective of whether such parties have notice

304

thereof. Neither the resolution nor any trust agreement by which

305

a pledge is created need be filed or recorded except in the

306

records of the department.

307

     (5)(6) In each fiscal year while any of the bonds of the

308

Broward County Expressway Authority series 1984 and series 1986-A

309

remain outstanding, the department is authorized to pledge

310

revenues from the turnpike system to the payment of principal and

311

interest of such series of bonds and the operation and

312

maintenance expenses of the Sawgrass Expressway, to the extent

313

gross toll revenues of the Sawgrass Expressway are insufficient

314

to make such payments. The terms of an agreement relative to the

315

pledge of turnpike system revenue will be negotiated with the

316

parties of the 1984 and 1986 Broward County Expressway Authority

317

lease-purchase agreements, and subject to the covenants of those

318

agreements. The agreement shall establish that the Sawgrass

319

Expressway shall be subject to the planning, management, and

320

operating control of the department limited only by the terms of

321

the lease-purchase agreements. The department shall provide for

322

the payment of operation and maintenance expenses of the Sawgrass

323

Expressway until such agreement is in effect. This pledge of

324

turnpike system revenues shall be subordinate to the debt service

325

requirements of any future issue of turnpike bonds, the payment

326

of turnpike system operation and maintenance expenses, and

327

subject to provisions of any subsequent resolution or trust

328

indenture relating to the issuance of such turnpike bonds.

329

     (6)(7) The use and disposition of revenues pledged to bonds

330

are subject to the provisions of ss. 338.22-338.241 and such

331

regulations as the resolution authorizing the issuance of such

332

bonds or such trust agreement may provide.

333

     Section 8.  Subsection (1) of section 479.01, Florida

334

Statutes, is amended to read:

335

     479.01  Definitions.--As used in this chapter, the term:

336

     (1) "Automatic changeable facing" means a facing that which

337

through a mechanical system is capable of delivering two or more

338

advertising messages through an automated or remotely controlled

339

process and shall not rotate so rapidly as to cause distraction

340

to a motorist.

341

     Section 9.  Subsections (1) and (5) of section 479.07,

342

Florida Statutes, are amended to read:

343

     479.07  Sign permits.--

344

     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a

345

person may not erect, operate, use, or maintain, or cause to be

346

erected, operated, used, or maintained, any sign on the State

347

Highway System outside an urban incorporated area, as defined in

348

s. 334.03(32), or on any portion of the interstate or federal-aid

349

primary highway system without first obtaining a permit for the

350

sign from the department and paying the annual fee as provided in

351

this section. For purposes of this section, "on any portion of

352

the State Highway System, interstate, or federal-aid primary

353

system" shall mean a sign located within the controlled area

354

which is visible from any portion of the main-traveled way of

355

such system.

356

     (5)(a)  For each permit issued, the department shall furnish

357

to the applicant a serially numbered permanent metal permit tag.

358

The permittee is responsible for maintaining a valid permit tag

359

on each permitted sign facing at all times. The tag shall be

360

securely attached to the sign apron at the end nearest the

361

highway facing or, if there is no facing, on the pole nearest the

362

highway; and it shall be attached in such a manner as to be

363

plainly visible from the main-traveled way. For signs holding

364

valid permits on July 1, 2008, the tag posting requirement is

365

effective July 1, 2010. The permit will become void unless the

366

permit tag is properly and permanently displayed at the permitted

367

site within 30 days after the date of permit issuance. If the

368

permittee fails to erect a completed sign on the permitted site

369

within 270 days after the date on which the permit was issued,

370

the permit will be void, and the department may not issue a new

371

permit to that permittee for the same location for 270 days after

372

the date on which the permit became void.

373

     (b)  If a permit tag is lost, stolen, or destroyed, the

374

permittee to whom the tag was issued may must apply to the

375

department for a replacement tag. The department shall establish

376

by rule a service fee for replacement tags in an amount that will

377

recover the actual cost of providing the replacement tag. Upon

378

receipt of the application accompanied by the a service fee of

379

$3, the department shall issue a replacement permit tag.

380

Alternatively, the permittee may provide its own replacement tag

381

pursuant to department specifications which the department shall

382

establish by rule at the time it establishes the service fee for

383

replacement tags.

384

     Section 10.  Section 479.08, Florida Statutes, is amended to

385

read:

386

     479.08  Denial or revocation of permit.--The department has

387

the authority to deny or revoke any permit requested or granted

388

under this chapter in any case in which it determines that the

389

application for the permit contains knowingly false or misleading

390

information. The department has the authority to revoke any

391

permit granted under this chapter in any case where or that the

392

permittee has violated any of the provisions of this chapter,

393

unless such permittee, within 30 days after the receipt of notice

394

by the department, corrects such false or misleading information

395

and complies with the provisions of this chapter. For the purpose

396

of this subsection, the notice of violation issued by the

397

department shall describe in detail the alleged violation and the

398

corrective action required to cure the violation. Any person

399

aggrieved by any action of the department in denying or revoking

400

a permit under this chapter may, within 30 days after receipt of

401

the notice, apply to the department for an administrative hearing

402

pursuant to chapter 120. If a timely request for hearing has been

403

filed and the department issues a final order revoking a permit,

404

such revocation shall be effective 30 days after the date of

405

rendition. Except for department action pursuant to s.

406

479.107(1), the filing of a timely and proper notice of appeal

407

shall operate to stay the revocation until the department's

408

action is upheld.

409

     Section 11.  Subsection (2) of section 479.11, Florida

410

Statutes, is amended to read:

411

     479.11  Specified signs prohibited.--No sign shall be

412

erected, used, operated, or maintained:

413

     (2)  Beyond 660 feet of the nearest edge of the right-of-way

414

of any portion of the interstate highway system or the federal-

415

aid primary highway system outside an urban area, the advertising

416

message or informative contents of which sign is visible from the

417

main traveled way erected for the purpose of its message being

418

read from the main-traveled way of such system, except as

419

provided in ss. 479.111(1) and 479.16.

420

     Section 12.  Subsections (1), (3), (4), and (5) of section

421

479.261, Florida Statutes, are amended to read:

422

     479.261  Logo sign program.--

423

     (1)  The department shall establish a logo sign program for

424

the rights-of-way of the interstate highway system to provide

425

information to motorists about available gas, food, lodging, and

426

camping, attractions, and other services, as approved by the

427

Federal Highway Administration, at interchanges, through the use

428

of business logos, and may include additional interchanges under

429

the program. A logo sign for nearby attractions may be added to

430

this program if allowed by federal rules.

431

     (a)  An attraction as used in this chapter is defined as an

432

establishment, site, facility, or landmark that which is open a

433

minimum of 5 days a week for 52 weeks a year; that which charges

434

an admission for entry; which has as its principal focus family-

435

oriented entertainment, cultural, educational, recreational,

436

scientific, or historical activities; and that which is publicly

437

recognized as a bona fide tourist attraction. However, the

438

permits for businesses seeking to participate in the attractions

439

logo sign program shall be awarded by the department annually to

440

the highest bidders, notwithstanding the limitation on fees in

441

subsection (5), which are qualified for available space at each

442

qualified location, but the fees therefor may not be less than

443

the fees established for logo participants in other logo

444

categories.

445

     (b)  The department shall incorporate the use of RV-friendly

446

markers on specific information logo signs for establishments

447

that cater to the needs of persons driving recreational vehicles.

448

Establishments that qualify for participation in the specific

449

information logo program and that also qualify as "RV-friendly"

450

may request the RV-friendly marker on their specific information

451

logo sign. An RV-friendly marker must consist of a design

452

approved by the Federal Highway Administration. The department

453

shall adopt rules in accordance with chapter 120 to administer

454

this paragraph, including rules setting forth the minimum

455

requirements that establishments must meet in order to qualify as

456

RV-friendly. These requirements shall include large parking

457

spaces, entrances, and exits that can easily accommodate

458

recreational vehicles and facilities having appropriate overhead

459

clearances, if applicable.

460

     (c) The department may implement a 3-year rotation-based

461

logo program providing for the removal and addition of

462

participating businesses in the program.

463

     (3)  Logo signs may be installed upon the issuance of an

464

annual permit by the department or its agent and payment of a an

465

application and permit fee to the department or its agent.

466

     (4)  The department may contract pursuant to s. 287.057 for

467

the provision of services related to the logo sign program,

468

including recruitment and qualification of businesses, review of

469

applications, permit issuance, and fabrication, installation, and

470

maintenance of logo signs. The department may reject all

471

proposals and seek another request for proposals or otherwise

472

perform the work. If the department contracts for the provision

473

of services for the logo sign program, the contract must require,

474

unless the business owner declines, that businesses that

475

previously entered into agreements with the department to

476

privately fund logo sign construction and installation be

477

reimbursed by the contractor for the cost of the signs which has

478

not been recovered through a previously agreed upon waiver of

479

fees. The contract also may allow the contractor to retain a

480

portion of the annual fees as compensation for its services.

481

     (5)  Permit fees for businesses that participate in the

482

program must be established in an amount sufficient to offset the

483

total cost to the department for the program, including contract

484

costs. The department shall provide the services in the most

485

efficient and cost-effective manner through department staff or

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by contracting for some or all of the services. Such annual

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permit fee shall not exceed $3,000 $1,250.

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     Section 13.  This act shall take effect July 1, 2008.