Florida Senate - 2009                       CS for CS for SB 424
       
       
       
       By the Committees on Finance and Tax; and Transportation; and
       Senator Gardiner
       
       
       
       593-05675A-09                                          2009424c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; providing that the executive director of the
    4         Florida Transportation Commission is in the Senior
    5         Management Service; amending s. 120.52, F.S.;
    6         redefining the term “agency” for purposes of ch. 120,
    7         F.S., to include certain regional transportation and
    8         transit authorities; amending s. 125.42, F.S.;
    9         providing for counties to incur certain costs related
   10         to the relocation or removal of certain utility
   11         facilities under specified circumstances; amending s.
   12         163.3177, F.S.; revising requirements for
   13         comprehensive plans; providing a timeframe for
   14         submission of certain information to the state land
   15         planning agency; providing for airports, land adjacent
   16         to airports, and certain interlocal agreements
   17         relating thereto in certain elements of the plan;
   18         amending s. 163.3178, F.S.; providing that certain
   19         port-related facilities may not be designated as
   20         developments of regional impact under certain
   21         circumstances; amending s. 163.3182, F.S., relating to
   22         transportation concurrency backlog authorities;
   23         providing legislative findings and declarations;
   24         expanding the power of authorities to borrow money to
   25         include issuing certain debt obligations; providing a
   26         maximum maturity date for certain debt incurred to
   27         finance or refinance certain transportation
   28         concurrency backlog projects; authorizing authorities
   29         to continue operations and administer certain trust
   30         funds for the period of the remaining outstanding
   31         debt; requiring local transportation concurrency
   32         backlog trust funds to continue to be funded for
   33         certain purposes; providing for increased ad valorem
   34         tax increment funding for such trust funds under
   35         certain circumstances; revising provisions for
   36         dissolution of an authority; amending s. 337.11, F.S.;
   37         providing for the department to pay a portion of
   38         certain proposal development costs; requiring the
   39         department to advertise certain contracts as design
   40         build contracts; amending s. 337.18, F.S.; requiring
   41         the contractor to maintain a copy of the required
   42         payment and performance bond at certain locations and
   43         provide a copy upon request; providing that a copy may
   44         be obtained directly from the department; removing a
   45         provision requiring that a copy be recorded in the
   46         public records of the county; amending s. 337.185,
   47         F.S.; providing for the State Arbitration Board to
   48         arbitrate certain claims relating to maintenance
   49         contracts; providing for a member of the board to be
   50         elected by maintenance companies as well as
   51         construction companies; amending s. 337.403, F.S.;
   52         providing for the department or local governmental
   53         entity to pay certain costs of removal or relocation
   54         of a utility facility that is found to be interfering
   55         with the use, maintenance, improvement, extension, or
   56         expansion of a public road or publicly owned rail
   57         corridor under described circumstances; amending s.
   58         337.408, F.S.; providing for public pay telephones and
   59         advertising thereon to be installed within the right
   60         of-way limits of any municipal, county, or state road;
   61         amending s. 338.01, F.S.; requiring new and
   62         replacement electronic toll collection systems to be
   63         interoperable with the department’s system; amending
   64         s. 338.165, F.S.; providing that provisions requiring
   65         the continuation of tolls following the discharge of
   66         bond indebtedness does not apply to high-occupancy
   67         toll lanes or express lanes; creating s. 338.166,
   68         F.S.; authorizing the department to request that bonds
   69         be issued which are secured by toll revenues from
   70         high-occupancy toll or express lanes in a specified
   71         location; providing for the department to continue to
   72         collect tolls after discharge of indebtedness;
   73         authorizing the use of excess toll revenues for
   74         improvements to the State Highway System; authorizing
   75         the implementation of variable rate tolls on high
   76         occupancy toll lanes or express lanes; amending s.
   77         338.2216, F.S.; directing the Florida Turnpike
   78         Enterprise to implement new technologies and processes
   79         in its operations and collection of tolls and other
   80         amounts; amending s. 338.231, F.S.; revising
   81         provisions for establishing and collecting tolls;
   82         authorizing the collection of amounts to cover costs
   83         of toll collection and payment methods; requiring
   84         public notice and hearing; amending s. 339.12, F.S.;
   85         revising requirements for aid and contributions by
   86         governmental entities for transportation projects;
   87         revising limits under which the department may enter
   88         into an agreement with a county for a project or
   89         project phase not in the adopted work program;
   90         authorizing the department to enter into certain long
   91         term repayment agreements; amending s. 339.135, F.S.;
   92         revising certain notice provisions that require the
   93         Department of Transportation to notify local
   94         governments regarding amendments to an adopted 5-year
   95         work program; amending s. 339.2816, F.S., relating to
   96         the small county road assistance program; providing
   97         for resumption of certain funding for the program;
   98         revising the criteria for counties eligible to
   99         participate in the program; amending s. 348.0003,
  100         F.S.; requiring transportation, bridge, and toll
  101         authorities to comply with the financial disclosure
  102         requirements of the State Constitution; amending s.
  103         479.01, F.S.; revising provisions for outdoor
  104         advertising; revising the definition of the term
  105         “automatic changeable facing”; amending s. 479.07,
  106         F.S.; revising a prohibition against signs on the
  107         State Highway System; revising requirements for
  108         display of the sign permit tag; directing the
  109         department to establish by rule a fee for furnishing a
  110         replacement permit tag; revising the pilot project for
  111         permitted signs to include Hillsborough County and
  112         areas within the boundaries of the City of Miami;
  113         amending s. 479.08, F.S.; revising provisions for
  114         denial or revocation of a sign permit; amending s.
  115         479.156, F.S.; clarifying that a municipality or
  116         county is authorized to make a determination of
  117         customary use with respect to regulations governing
  118         commercial wall murals and that such determination
  119         must be accepted in lieu of any agreement between the
  120         state and the United States Department of
  121         Transportation; amending s. 479.261, F.S.; revising
  122         requirements for the logo sign program of the
  123         interstate highway system; deleting provisions
  124         providing for permits to be awarded to the highest
  125         bidders; requiring the department to implement a
  126         rotation-based logo program; requiring the department
  127         to adopt rules that set reasonable rates based on
  128         certain factors for annual permit fees; requiring that
  129         such fees not exceed a certain amount for sign
  130         locations inside and outside an urban area; requiring
  131         the department to conduct a study of transportation
  132         alternatives for the Interstate 95 corridor and report
  133         to the Governor, the Legislature, and the affected
  134         metropolitan planning organizations; repealing part
  135         III of ch. 343 F.S., relating to the Tampa Bay
  136         Commuter Transit Authority; transferring any assets to
  137         the Tampa Bay Area Regional Transportation Authority;
  138         providing an effective date.
  139  
  140  Be It Enacted by the Legislature of the State of Florida:
  141  
  142         Section 1. Paragraph (h) of subsection (2) of section
  143  20.23, Florida Statutes, is amended to read:
  144         20.23 Department of Transportation.—There is created a
  145  Department of Transportation which shall be a decentralized
  146  agency.
  147         (2)
  148         (h) The commission shall appoint an executive director and
  149  assistant executive director, who shall serve under the
  150  direction, supervision, and control of the commission. The
  151  executive director, with the consent of the commission, shall
  152  employ such staff as are necessary to perform adequately the
  153  functions of the commission, within budgetary limitations. All
  154  employees of the commission are exempt from part II of chapter
  155  110 and shall serve at the pleasure of the commission. The
  156  salary and benefits of the executive director shall be in
  157  accordance with Senior Management Service, and the salaries and
  158  benefits of all other employees of the commission shall be set
  159  in accordance with the Selected Exempt Service.; provided,
  160  However, that the commission shall fix have complete authority
  161  for fixing the salary of the executive director and assistant
  162  executive director.
  163         Section 2. Section 120.52, Florida Statutes, is amended to
  164  read:
  165         120.52 Definitions.—As used in this act:
  166         (1) “Agency” means:
  167         (a) The Governor in the exercise of all executive powers
  168  other than those derived from the constitution.
  169         (b) Each:
  170         1. State officer and state department, and each
  171  departmental unit described in s. 20.04.
  172         2. Authority, including a regional water supply authority.
  173         3. Board, including the Board of Governors of the State
  174  University System and a state university board of trustees when
  175  acting pursuant to statutory authority derived from the
  176  Legislature.
  177         4. Commission, including the Commission on Ethics and the
  178  Fish and Wildlife Conservation Commission when acting pursuant
  179  to statutory authority derived from the Legislature.
  180         5. Regional planning agency.
  181         6. Multicounty special district with a majority of its
  182  governing board comprised of nonelected persons.
  183         7. Educational units.
  184         8. Entity described in chapters 163, 373, 380, and 582 and
  185  s. 186.504.
  186         (c) Each other unit of government in the state, including
  187  counties and municipalities, to the extent they are expressly
  188  made subject to this act by general or special law or existing
  189  judicial decisions.
  190  
  191  This definition does not include any legal entity or agency
  192  created in whole or in part pursuant to chapter 361, part II,
  193  any metropolitan planning organization created pursuant to s.
  194  339.175, any separate legal or administrative entity created
  195  pursuant to s. 339.175 of which a metropolitan planning
  196  organization is a member, an expressway authority pursuant to
  197  chapter 348 or any transportation authority under chapter 343 or
  198  chapter 349, any legal or administrative entity created by an
  199  interlocal agreement pursuant to s. 163.01(7), unless any party
  200  to such agreement is otherwise an agency as defined in this
  201  subsection, or any multicounty special district with a majority
  202  of its governing board comprised of elected persons; however,
  203  this definition shall include a regional water supply authority.
  204         Section 3. Subsection (5) of section 125.42, Florida
  205  Statutes, is amended to read:
  206         125.42 Water, sewage, gas, power, telephone, other utility,
  207  and television lines along county roads and highways.—
  208         (5) In the event of widening, repair, or reconstruction of
  209  any such road, the licensee shall move or remove such water,
  210  sewage, gas, power, telephone, and other utility lines and
  211  television lines at no cost to the county, except as provided in
  212  s. 337.403(1)(e).
  213         Section 4. Paragraphs (a), (h), and (j) of subsection (6)
  214  of section 163.3177, Florida Statutes, are amended to read:
  215         163.3177 Required and optional elements of comprehensive
  216  plan; studies and surveys.—
  217         (6) In addition to the requirements of subsections (1)-(5)
  218  and (12), the comprehensive plan shall include the following
  219  elements:
  220         (a) A future land use plan element designating proposed
  221  future general distribution, location, and extent of the uses of
  222  land for residential uses, commercial uses, industry,
  223  agriculture, recreation, conservation, education, public
  224  buildings and grounds, other public facilities, and other
  225  categories of the public and private uses of land. Counties are
  226  encouraged to designate rural land stewardship areas, pursuant
  227  to the provisions of paragraph (11)(d), as overlays on the
  228  future land use map. Each future land use category must be
  229  defined in terms of uses included, and must include standards to
  230  be followed in the control and distribution of population
  231  densities and building and structure intensities. The proposed
  232  distribution, location, and extent of the various categories of
  233  land use shall be shown on a land use map or map series which
  234  shall be supplemented by goals, policies, and measurable
  235  objectives. The future land use plan shall be based upon
  236  surveys, studies, and data regarding the area, including the
  237  amount of land required to accommodate anticipated growth; the
  238  projected population of the area; the character of undeveloped
  239  land; the availability of water supplies, public facilities, and
  240  services; the need for redevelopment, including the renewal of
  241  blighted areas and the elimination of nonconforming uses which
  242  are inconsistent with the character of the community; the
  243  compatibility of uses on lands adjacent to or closely proximate
  244  to military installations; lands adjacent to an airport as
  245  defined in s. 330.35 and consistent with s. 333.02; the
  246  discouragement of urban sprawl; energy-efficient land use
  247  patterns accounting for existing and future electric power
  248  generation and transmission systems; greenhouse gas reduction
  249  strategies; and, in rural communities, the need for job
  250  creation, capital investment, and economic development that will
  251  strengthen and diversify the community’s economy. The future
  252  land use plan may designate areas for future planned development
  253  use involving combinations of types of uses for which special
  254  regulations may be necessary to ensure development in accord
  255  with the principles and standards of the comprehensive plan and
  256  this act. The future land use plan element shall include
  257  criteria to be used to achieve the compatibility of lands
  258  adjacent or closely proximate to lands with military
  259  installations, and lands adjacent to an airport as defined in s.
  260  330.35 and consistent with s. 333.02. In addition, for rural
  261  communities, the amount of land designated for future planned
  262  industrial use shall be based upon surveys and studies that
  263  reflect the need for job creation, capital investment, and the
  264  necessity to strengthen and diversify the local economies, and
  265  may shall not be limited solely by the projected population of
  266  the rural community. The future land use plan of a county may
  267  also designate areas for possible future municipal
  268  incorporation. The land use maps or map series shall generally
  269  identify and depict historic district boundaries and shall
  270  designate historically significant properties meriting
  271  protection. For coastal counties, the future land use element
  272  must include, without limitation, regulatory incentives and
  273  criteria that encourage the preservation of recreational and
  274  commercial working waterfronts as defined in s. 342.07. The
  275  future land use element must clearly identify the land use
  276  categories in which public schools are an allowable use. When
  277  delineating the land use categories in which public schools are
  278  an allowable use, a local government shall include in the
  279  categories sufficient land proximate to residential development
  280  to meet the projected needs for schools in coordination with
  281  public school boards and may establish differing criteria for
  282  schools of different type or size. Each local government shall
  283  include lands contiguous to existing school sites, to the
  284  maximum extent possible, within the land use categories in which
  285  public schools are an allowable use. The failure by a local
  286  government to comply with these school siting requirements will
  287  result in the prohibition of the local government’s ability to
  288  amend the local comprehensive plan, except for plan amendments
  289  described in s. 163.3187(1)(b), until the school siting
  290  requirements are met. Amendments proposed by a local government
  291  for purposes of identifying the land use categories in which
  292  public schools are an allowable use are exempt from the
  293  limitation on the frequency of plan amendments contained in s.
  294  163.3187. The future land use element shall include criteria
  295  that encourage the location of schools proximate to urban
  296  residential areas to the extent possible and shall require that
  297  the local government seek to collocate public facilities, such
  298  as parks, libraries, and community centers, with schools to the
  299  extent possible and to encourage the use of elementary schools
  300  as focal points for neighborhoods. For schools serving
  301  predominantly rural counties, defined as a county with a
  302  population of 100,000 or fewer, an agricultural land use
  303  category is shall be eligible for the location of public school
  304  facilities if the local comprehensive plan contains school
  305  siting criteria and the location is consistent with such
  306  criteria. Local governments required to update or amend their
  307  comprehensive plan to include criteria and address compatibility
  308  of lands adjacent or closely proximate to lands with existing
  309  military installations, or lands adjacent to an airport as
  310  defined in s. 330.35 and consistent with s. 333.02, in their
  311  future land use plan element shall transmit the update or
  312  amendment to the state land planning agency department by June
  313  30, 2012 2006.
  314         (h)1. An intergovernmental coordination element showing
  315  relationships and stating principles and guidelines to be used
  316  in the accomplishment of coordination of the adopted
  317  comprehensive plan with the plans of school boards, regional
  318  water supply authorities, and other units of local government
  319  providing services but not having regulatory authority over the
  320  use of land, with the comprehensive plans of adjacent
  321  municipalities, the county, adjacent counties, or the region,
  322  with the state comprehensive plan and with the applicable
  323  regional water supply plan approved pursuant to s. 373.0361, as
  324  the case may require and as such adopted plans or plans in
  325  preparation may exist. This element of the local comprehensive
  326  plan shall demonstrate consideration of the particular effects
  327  of the local plan, when adopted, upon the development of
  328  adjacent municipalities, the county, adjacent counties, or the
  329  region, or upon the state comprehensive plan, as the case may
  330  require.
  331         a. The intergovernmental coordination element shall provide
  332  for procedures to identify and implement joint planning areas,
  333  especially for the purpose of annexation, municipal
  334  incorporation, and joint infrastructure service areas.
  335         b. The intergovernmental coordination element shall provide
  336  for recognition of campus master plans prepared pursuant to s.
  337  1013.30 and airport master plans under paragraph (k).
  338         c. The intergovernmental coordination element may provide
  339  for a voluntary dispute resolution process as established
  340  pursuant to s. 186.509 for bringing to closure in a timely
  341  manner intergovernmental disputes. A local government may
  342  develop and use an alternative local dispute resolution process
  343  for this purpose.
  344         d.The intergovernmental coordination element shall provide
  345  for interlocal agreements as established pursuant to s.
  346  333.03(1)(b).
  347         2. The intergovernmental coordination element shall further
  348  state principles and guidelines to be used in the accomplishment
  349  of coordination of the adopted comprehensive plan with the plans
  350  of school boards and other units of local government providing
  351  facilities and services but not having regulatory authority over
  352  the use of land. In addition, the intergovernmental coordination
  353  element shall describe joint processes for collaborative
  354  planning and decisionmaking on population projections and public
  355  school siting, the location and extension of public facilities
  356  subject to concurrency, and siting facilities with countywide
  357  significance, including locally unwanted land uses whose nature
  358  and identity are established in an agreement. Within 1 year of
  359  adopting their intergovernmental coordination elements, each
  360  county, all the municipalities within that county, the district
  361  school board, and any unit of local government service providers
  362  in that county shall establish by interlocal or other formal
  363  agreement executed by all affected entities, the joint processes
  364  described in this subparagraph consistent with their adopted
  365  intergovernmental coordination elements.
  366         3. To foster coordination between special districts and
  367  local general-purpose governments as local general-purpose
  368  governments implement local comprehensive plans, each
  369  independent special district must submit a public facilities
  370  report to the appropriate local government as required by s.
  371  189.415.
  372         4.a. Local governments shall must execute an interlocal
  373  agreement with the district school board, the county, and
  374  nonexempt municipalities pursuant to s. 163.31777. The local
  375  government shall amend the intergovernmental coordination
  376  element to provide that coordination between the local
  377  government and school board is pursuant to the agreement and
  378  shall state the obligations of the local government under the
  379  agreement.
  380         b. Plan amendments that comply with this subparagraph are
  381  exempt from the provisions of s. 163.3187(1).
  382         5. The state land planning agency shall establish a
  383  schedule for phased completion and transmittal of plan
  384  amendments to implement subparagraphs 1., 2., and 3. from all
  385  jurisdictions so as to accomplish their adoption by December 31,
  386  1999. A local government may complete and transmit its plan
  387  amendments to carry out these provisions prior to the scheduled
  388  date established by the state land planning agency. The plan
  389  amendments are exempt from the provisions of s. 163.3187(1).
  390         6. By January 1, 2004, any county having a population
  391  greater than 100,000, and the municipalities and special
  392  districts within that county, shall submit a report to the
  393  Department of Community Affairs which:
  394         a. Identifies all existing or proposed interlocal service
  395  delivery agreements regarding the following: education; sanitary
  396  sewer; public safety; solid waste; drainage; potable water;
  397  parks and recreation; and transportation facilities.
  398         b. Identifies any deficits or duplication in the provision
  399  of services within its jurisdiction, whether capital or
  400  operational. Upon request, the Department of Community Affairs
  401  shall provide technical assistance to the local governments in
  402  identifying deficits or duplication.
  403         7. Within 6 months after submission of the report, the
  404  Department of Community Affairs shall, through the appropriate
  405  regional planning council, coordinate a meeting of all local
  406  governments within the regional planning area to discuss the
  407  reports and potential strategies to remedy any identified
  408  deficiencies or duplications.
  409         8. Each local government shall update its intergovernmental
  410  coordination element based upon the findings in the report
  411  submitted pursuant to subparagraph 6. The report may be used as
  412  supporting data and analysis for the intergovernmental
  413  coordination element.
  414         (j) For each unit of local government within an urbanized
  415  area designated for purposes of s. 339.175, a transportation
  416  element, which must shall be prepared and adopted in lieu of the
  417  requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
  418  and (d) and which shall address the following issues:
  419         1. Traffic circulation, including major thoroughfares and
  420  other routes, including bicycle and pedestrian ways.
  421         2. All alternative modes of travel, such as public
  422  transportation, pedestrian, and bicycle travel.
  423         3. Parking facilities.
  424         4. Aviation, rail, seaport facilities, access to those
  425  facilities, and intermodal terminals.
  426         5. The availability of facilities and services to serve
  427  existing land uses and the compatibility between future land use
  428  and transportation elements.
  429         6. The capability to evacuate the coastal population prior
  430  to an impending natural disaster.
  431         7. Airports, projected airport and aviation development,
  432  and land use compatibility around airports, which includes areas
  433  defined in ss. 333.01 and 333.02.
  434         8. An identification of land use densities, building
  435  intensities, and transportation management programs to promote
  436  public transportation systems in designated public
  437  transportation corridors so as to encourage population densities
  438  sufficient to support such systems.
  439         9. May include transportation corridors, as defined in s.
  440  334.03, intended for future transportation facilities designated
  441  pursuant to s. 337.273. If transportation corridors are
  442  designated, the local government may adopt a transportation
  443  corridor management ordinance.
  444         10. The incorporation of transportation strategies to
  445  address reduction in greenhouse gas emissions from the
  446  transportation sector.
  447         Section 5. Subsection (3) of section 163.3178, Florida
  448  Statutes, is amended to read:
  449         163.3178 Coastal management.—
  450         (3) Expansions to port harbors, spoil disposal sites,
  451  navigation channels, turning basins, harbor berths, and other
  452  related inwater harbor facilities of ports listed in s.
  453  403.021(9); port transportation facilities and projects listed
  454  in s. 311.07(3)(b); and intermodal transportation facilities
  455  identified pursuant to s. 311.09(3); and facilities determined
  456  by the Department of Community Affairs and applicable general
  457  purpose local government to be port-related industrial or
  458  commercial projects located within 3 miles of or in a port
  459  master plan area which rely upon the use of port and intermodal
  460  transportation facilities shall not be designated as
  461  developments of regional impact if where such expansions,
  462  projects, or facilities are consistent with comprehensive master
  463  plans that are in compliance with this section.
  464         Section 6. Paragraph (c) is added to subsection (2) of
  465  section 163.3182, Florida Statutes, and paragraph (d) of
  466  subsection (3) and subsections (4), (5), and (8) of that section
  467  are amended, to read:
  468         163.3182 Transportation concurrency backlogs.—
  469         (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
  470  AUTHORITIES.—
  471         (c)The Legislature finds and declares that there exists in
  472  many counties and municipalities areas that have significant
  473  transportation deficiencies and inadequate transportation
  474  facilities; that many insufficiencies and inadequacies severely
  475  limit or prohibit the satisfaction of transportation concurrency
  476  standards; that the transportation insufficiencies and
  477  inadequacies affect the health, safety, and welfare of the
  478  residents of these counties and municipalities; that the
  479  transportation insufficiencies and inadequacies adversely affect
  480  economic development and growth of the tax base for the areas in
  481  which these insufficiencies and inadequacies exist; and that the
  482  elimination of transportation deficiencies and inadequacies and
  483  the satisfaction of transportation concurrency standards are
  484  paramount public purposes for the state and its counties and
  485  municipalities.
  486         (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
  487  AUTHORITY.—Each transportation concurrency backlog authority has
  488  the powers necessary or convenient to carry out the purposes of
  489  this section, including the following powers in addition to
  490  others granted in this section:
  491         (d) To borrow money, including, but not limited to, issuing
  492  debt obligations such as, but not limited to, bonds, notes,
  493  certificates, and similar debt instruments; to apply for and
  494  accept advances, loans, grants, contributions, and any other
  495  forms of financial assistance from the Federal Government or the
  496  state, county, or any other public body or from any sources,
  497  public or private, for the purposes of this part; to give such
  498  security as may be required; to enter into and carry out
  499  contracts or agreements; and to include in any contracts for
  500  financial assistance with the Federal Government for or with
  501  respect to a transportation concurrency backlog project and
  502  related activities such conditions imposed under pursuant to
  503  federal laws as the transportation concurrency backlog authority
  504  considers reasonable and appropriate and which are not
  505  inconsistent with the purposes of this section.
  506         (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.—
  507         (a) Each transportation concurrency backlog authority shall
  508  adopt a transportation concurrency backlog plan as a part of the
  509  local government comprehensive plan within 6 months after the
  510  creation of the authority. The plan must shall:
  511         1. Identify all transportation facilities that have been
  512  designated as deficient and require the expenditure of moneys to
  513  upgrade, modify, or mitigate the deficiency.
  514         2. Include a priority listing of all transportation
  515  facilities that have been designated as deficient and do not
  516  satisfy concurrency requirements pursuant to s. 163.3180, and
  517  the applicable local government comprehensive plan.
  518         3. Establish a schedule for financing and construction of
  519  transportation concurrency backlog projects that will eliminate
  520  transportation concurrency backlogs within the jurisdiction of
  521  the authority within 10 years after the transportation
  522  concurrency backlog plan adoption. The schedule shall be adopted
  523  as part of the local government comprehensive plan.
  524         (b) The adoption of the transportation concurrency backlog
  525  plan shall be exempt from the provisions of s. 163.3187(1).
  526  
  527  Notwithstanding such schedule requirements, as long as the
  528  schedule provides for the elimination of all transportation
  529  concurrency backlogs within 10 years after the adoption of the
  530  concurrency backlog plan, the final maturity date of any debt
  531  incurred to finance or refinance the related projects may be no
  532  later than 40 years after the date the debt is incurred and the
  533  authority may continue operations and administer the trust fund
  534  established as provided in subsection (5) for as long as the
  535  debt remains outstanding.
  536         (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
  537  concurrency backlog authority shall establish a local
  538  transportation concurrency backlog trust fund upon creation of
  539  the authority. Each local trust fund shall be administered by
  540  the transportation concurrency backlog authority within which a
  541  transportation concurrency backlog has been identified. Each
  542  local trust fund must continue to be funded under this section
  543  for as long as the projects set forth in the related
  544  transportation concurrency backlog plan remain to be completed
  545  or until any debt incurred to finance or refinance the related
  546  projects are no longer outstanding, whichever occurs later.
  547  Beginning in the first fiscal year after the creation of the
  548  authority, each local trust fund shall be funded by the proceeds
  549  of an ad valorem tax increment collected within each
  550  transportation concurrency backlog area to be determined
  551  annually and shall be a minimum of 25 percent of the difference
  552  between the amounts set forth in paragraphs (a) and (b), except
  553  that if all of the affected taxing authorities agree under an
  554  interlocal agreement, a particular local trust fund may be
  555  funded by the proceeds of an ad valorem tax increment greater
  556  than 25 percent of the difference between the amounts set forth
  557  in paragraphs (a) and (b):
  558         (a) The amount of ad valorem tax levied each year by each
  559  taxing authority, exclusive of any amount from any debt service
  560  millage, on taxable real property contained within the
  561  jurisdiction of the transportation concurrency backlog authority
  562  and within the transportation backlog area; and
  563         (b) The amount of ad valorem taxes which would have been
  564  produced by the rate upon which the tax is levied each year by
  565  or for each taxing authority, exclusive of any debt service
  566  millage, upon the total of the assessed value of the taxable
  567  real property within the transportation concurrency backlog area
  568  as shown on the most recent assessment roll used in connection
  569  with the taxation of such property of each taxing authority
  570  prior to the effective date of the ordinance funding the trust
  571  fund.
  572         (8) DISSOLUTION.—Upon completion of all transportation
  573  concurrency backlog projects and repayment or defeasance of all
  574  debt issued to finance or refinance such projects, a
  575  transportation concurrency backlog authority shall be dissolved,
  576  and its assets and liabilities shall be transferred to the
  577  county or municipality within which the authority is located.
  578  All remaining assets of the authority must be used for
  579  implementation of transportation projects within the
  580  jurisdiction of the authority. The local government
  581  comprehensive plan shall be amended to remove the transportation
  582  concurrency backlog plan.
  583         Section 7. Subsection (7) of section 337.11, Florida
  584  Statutes, is amended, present subsections (8) through (15) of
  585  that section are renumbered as subsections (9) through (16),
  586  respectively, and a new subsection (8) is added to that section,
  587  to read:
  588         337.11 Contracting authority of department; bids; emergency
  589  repairs, supplemental agreements, and change orders; combined
  590  design and construction contracts; progress payments; records;
  591  requirements of vehicle registration.—
  592         (7)(a) If the head of the department determines that it is
  593  in the best interests of the public, the department may combine
  594  the design and construction phases of a building, a major
  595  bridge, a limited access facility, or a rail corridor project
  596  into a single contract. Such contract is referred to as a
  597  design-build contract. Design-build contracts may be advertised
  598  and awarded notwithstanding the requirements of paragraph
  599  (3)(c). However, construction activities may not begin on any
  600  portion of such projects for which the department has not yet
  601  obtained title to the necessary rights-of-way and easements for
  602  the construction of that portion of the project has vested in
  603  the state or a local governmental entity and all railroad
  604  crossing and utility agreements have been executed. Title to
  605  rights-of-way shall be deemed to have vested in the state when
  606  the title has been dedicated to the public or acquired by
  607  prescription.
  608         (b) The department shall adopt by rule procedures for
  609  administering design-build contracts. Such procedures shall
  610  include, but not be limited to:
  611         1. Prequalification requirements.
  612         2. Public announcement procedures.
  613         3. Scope of service requirements.
  614         4. Letters of interest requirements.
  615         5. Short-listing criteria and procedures.
  616         6. Bid proposal requirements.
  617         7. Technical review committee.
  618         8. Selection and award processes.
  619         9.Stipend requirements.
  620         (c) The department must receive at least three letters of
  621  interest in order to proceed with a request for proposals. The
  622  department shall request proposals from no fewer than three of
  623  the design-build firms submitting letters of interest. If a
  624  design-build firm withdraws from consideration after the
  625  department requests proposals, the department may continue if at
  626  least two proposals are received.
  627         (8)If the department determines that it is in the best
  628  interest of the public, the department may pay a stipend to
  629  nonselected design-build firms that have submitted responsive
  630  proposals for construction contracts. The decision and amount of
  631  a stipend shall be based upon department analysis of the
  632  estimated proposal development costs and the anticipated degree
  633  of engineering design during the procurement process. The
  634  department retains the right to use those designs from
  635  responsive nonselected design-build firms that accept a stipend.
  636         Section 8. Paragraph (b) of subsection (1) of section
  637  337.18, Florida Statutes, is amended to read:
  638         337.18 Surety bonds for construction or maintenance
  639  contracts; requirement with respect to contract award; bond
  640  requirements; defaults; damage assessments.—
  641         (1)
  642         (b) Before beginning any work under the contract, the
  643  contractor shall maintain a copy of the payment and performance
  644  bond required under this section at its principal place of
  645  business and at the jobsite office, if one is established, and
  646  the contractor shall provide a copy of the payment and
  647  performance bond within 5 days after receiving a written request
  648  for the bond. A copy of the payment and performance bond
  649  required under this section may also be obtained directly from
  650  the department by making a request pursuant to chapter 119. Upon
  651  execution of the contract, and prior to beginning any work under
  652  the contract, the contractor shall record in the public records
  653  of the county where the improvement is located the payment and
  654  performance bond required under this section. A claimant has
  655  shall have a right of action against the contractor and surety
  656  for the amount due him or her, including unpaid finance charges
  657  due under the claimant’s contract. The Such action may shall not
  658  involve the department in any expense.
  659         Section 9. Subsections (1), (2), and (7) of section
  660  337.185, Florida Statutes, are amended to read:
  661         337.185 State Arbitration Board.—
  662         (1) To facilitate the prompt settlement of claims for
  663  additional compensation arising out of construction and
  664  maintenance contracts between the department and the various
  665  contractors with whom it transacts business, the Legislature
  666  does hereby establish the State Arbitration Board, referred to
  667  in this section as the “board.” For the purpose of this section,
  668  the term “claim” means shall mean the aggregate of all
  669  outstanding claims by a party arising out of a construction or
  670  maintenance contract. Every contractual claim in an amount up to
  671  $250,000 per contract or, at the claimant’s option, up to
  672  $500,000 per contract or, upon agreement of the parties, up to
  673  $1 million per contract that cannot be resolved by negotiation
  674  between the department and the contractor shall be arbitrated by
  675  the board after acceptance of the project by the department. As
  676  an exception, either party to the dispute may request that the
  677  claim be submitted to binding private arbitration. A court of
  678  law may not consider the settlement of such a claim until the
  679  process established by this section has been exhausted.
  680         (2) The board shall be composed of three members. One
  681  member shall be appointed by the head of the department, and one
  682  member shall be elected by those construction or maintenance
  683  companies who are under contract with the department. The third
  684  member shall be chosen by agreement of the other two members.
  685  Whenever the third member has a conflict of interest regarding
  686  affiliation with one of the parties, the other two members shall
  687  select an alternate member for that hearing. The head of the
  688  department may select an alternative or substitute to serve as
  689  the department member for any hearing or term. Each member shall
  690  serve a 2-year term. The board shall elect a chair, each term,
  691  who shall be the administrator of the board and custodian of its
  692  records.
  693         (7) The members of the board may receive compensation for
  694  the performance of their duties hereunder, from administrative
  695  fees received by the board, except that no employee of the
  696  department may receive compensation from the board. The
  697  compensation amount shall be determined by the board, but may
  698  shall not exceed $125 per hour, up to a maximum of $1,000 per
  699  day for each member authorized to receive compensation. Nothing
  700  in This section does not shall prevent the member elected by
  701  construction or maintenance companies from being an employee of
  702  an association affiliated with the industry, even if the sole
  703  responsibility of that member is service on the board. Travel
  704  expenses for the industry member may be paid by an industry
  705  association, if necessary. The board may allocate funds annually
  706  for clerical and other administrative services.
  707         Section 10. Subsection (1) of section 337.403, Florida
  708  Statutes, is amended to read:
  709         337.403 Relocation of utility; expenses.—
  710         (1) Any utility heretofore or hereafter placed upon, under,
  711  over, or along any public road or publicly owned rail corridor
  712  that is found by the authority to be unreasonably interfering in
  713  any way with the convenient, safe, or continuous use, or the
  714  maintenance, improvement, extension, or expansion, of such
  715  public road or publicly owned rail corridor shall, upon 30 days’
  716  written notice to the utility or its agent by the authority, be
  717  removed or relocated by such utility at its own expense except
  718  as provided in paragraphs (a)-(f) (a), (b), and (c).
  719         (a) If the relocation of utility facilities, as referred to
  720  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
  721  627 of the 84th Congress, is necessitated by the construction of
  722  a project on the federal-aid interstate system, including
  723  extensions thereof within urban areas, and the cost of the such
  724  project is eligible and approved for reimbursement by the
  725  Federal Government to the extent of 90 percent or more under the
  726  Federal Aid Highway Act, or any amendment thereof, then in that
  727  event the utility owning or operating such facilities shall
  728  relocate the such facilities upon order of the department, and
  729  the state shall pay the entire expense properly attributable to
  730  such relocation after deducting therefrom any increase in the
  731  value of the new facility and any salvage value derived from the
  732  old facility.
  733         (b) When a joint agreement between the department and the
  734  utility is executed for utility improvement, relocation, or
  735  removal work to be accomplished as part of a contract for
  736  construction of a transportation facility, the department may
  737  participate in those utility improvement, relocation, or removal
  738  costs that exceed the department’s official estimate of the cost
  739  of the such work by more than 10 percent. The amount of such
  740  participation shall be limited to the difference between the
  741  official estimate of all the work in the joint agreement plus 10
  742  percent and the amount awarded for this work in the construction
  743  contract for such work. The department may not participate in
  744  any utility improvement, relocation, or removal costs that occur
  745  as a result of changes or additions during the course of the
  746  contract.
  747         (c) When an agreement between the department and utility is
  748  executed for utility improvement, relocation, or removal work to
  749  be accomplished in advance of a contract for construction of a
  750  transportation facility, the department may participate in the
  751  cost of clearing and grubbing necessary to perform such work.
  752         (d) If the utility facility being removed or relocated was
  753  initially installed to exclusively serve the department, its
  754  tenants, or both, the department shall bear the costs of
  755  removing or relocating that utility facility. However, the
  756  department is not responsible for bearing the cost of removing
  757  or relocating any subsequent additions to that facility for the
  758  purpose of serving others.
  759         (e) If, under an agreement between a utility and the
  760  authority entered into after July 1, 2009, the utility conveys,
  761  subordinates, or relinquishes a compensable property right to
  762  the authority for the purpose of accommodating the acquisition
  763  or use of the right-of-way by the authority, without the
  764  agreement expressly addressing future responsibility for the
  765  cost of removing or relocating the utility, the authority shall
  766  bear the cost of removal or relocation. This paragraph does not
  767  impair or restrict, and may not be used to interpret, the terms
  768  of any such agreement entered into before July 1, 2009.
  769         (f) If the utility is an electric facility being relocated
  770  underground in order to enhance vehicular, bicycle, and
  771  pedestrian safety and in which ownership of the electric
  772  facility to be placed underground has been transferred from a
  773  private to a public utility within the past 5 years, the
  774  department shall incur all costs of the relocation.
  775         Section 11. Subsections (4) and (5) of section 337.408,
  776  Florida Statutes, are amended, present subsection (7) of that
  777  section is renumbered as subsection (8), and a new subsection
  778  (7) is added to that section, to read:
  779         337.408 Regulation of benches, transit shelters, street
  780  light poles, waste disposal receptacles, and modular news racks
  781  within rights-of-way.—
  782         (4) The department has the authority to direct the
  783  immediate relocation or removal of any bench, transit shelter,
  784  waste disposal receptacle, public pay telephone, or modular news
  785  rack that which endangers life or property, except that transit
  786  bus benches that were which have been placed in service before
  787  prior to April 1, 1992, are not required to comply with bench
  788  size and advertising display size requirements which have been
  789  established by the department before prior to March 1, 1992. Any
  790  transit bus bench that was in service before prior to April 1,
  791  1992, may be replaced with a bus bench of the same size or
  792  smaller, if the bench is damaged or destroyed or otherwise
  793  becomes unusable. The department may is authorized to adopt
  794  rules relating to the regulation of bench size and advertising
  795  display size requirements. If a municipality or county within
  796  which a bench is to be located has adopted an ordinance or other
  797  applicable regulation that establishes bench size or advertising
  798  display sign requirements different from requirements specified
  799  in department rule, the local government requirement applies
  800  shall be applicable within the respective municipality or
  801  county. Placement of any bench or advertising display on the
  802  National Highway System under a local ordinance or regulation
  803  adopted under pursuant to this subsection is shall be subject to
  804  approval of the Federal Highway Administration.
  805         (5) A No bench, transit shelter, waste disposal receptacle,
  806  public pay telephone, or modular news rack, or advertising
  807  thereon, may not shall be erected or so placed on the right-of
  808  way of any road in a manner that which conflicts with the
  809  requirements of federal law, regulations, or safety standards,
  810  thereby causing the state or any political subdivision the loss
  811  of federal funds. Competition among persons seeking to provide
  812  bench, transit shelter, waste disposal receptacle, public pay
  813  telephone, or modular news rack services or advertising on such
  814  benches, shelters, receptacles, public pay telephone, or news
  815  racks may be regulated, restricted, or denied by the appropriate
  816  local government entity consistent with the provisions of this
  817  section.
  818         (7)A public pay telephone, including advertising displayed
  819  thereon, may be installed within the right-of-way limits of any
  820  municipal, county, or state road, except on a limited access
  821  highway, if the pay telephone is installed by a provider duly
  822  authorized and regulated by the Public Service Commission under
  823  s. 364.3375, if the pay telephone is operated in accordance with
  824  all applicable state and federal telecommunications regulations,
  825  and if written authorization has been given to a public pay
  826  telephone provider by the appropriate municipal or county
  827  government. Each advertisement must be limited to a size no
  828  greater than 8 square feet and a public pay telephone booth may
  829  not display more than three advertisements at any given time. An
  830  advertisement is not allowed on public pay telephones located in
  831  rest areas, welcome centers, or other such facilities located on
  832  an interstate highway.
  833         Section 12. Subsection (6) is added to section 338.01,
  834  Florida Statutes, to read:
  835         338.01 Authority to establish and regulate limited access
  836  facilities.—
  837         (6)All new limited access facilities and existing
  838  transportation facilities on which new or replacement electronic
  839  toll collection systems are installed shall be interoperable
  840  with the department’s electronic toll-collection system.
  841         Section 13. Present subsections (7) and (8) of section
  842  338.165, Florida Statutes, are renumbered as subsections (8) and
  843  (9), respectively, and a new subsection (7) is added to that
  844  section, to read:
  845         338.165 Continuation of tolls.—
  846         (7)This section does not apply to high-occupancy toll
  847  lanes or express lanes.
  848         Section 14. Section 338.166, Florida Statutes, is created
  849  to read:
  850         338.166High-occupancy toll lanes or express lanes.—
  851         (1)Under s. 11, Art. VII of the State Constitution, the
  852  department may request the Division of Bond Finance to issue
  853  bonds secured by toll revenues collected on high-occupancy toll
  854  lanes or express lanes located on Interstate 95 in Miami-Dade
  855  and Broward Counties.
  856         (2)The department may continue to collect the toll on the
  857  high-occupancy toll lanes or express lanes after the discharge
  858  of any bond indebtedness related to such project. All tolls so
  859  collected shall first be used to pay the annual cost of the
  860  operation, maintenance, and improvement of the high-occupancy
  861  toll lanes or express lanes project or associated transportation
  862  system.
  863         (3)Any remaining toll revenue from the high-occupancy toll
  864  lanes or express lanes shall be used by the department for the
  865  construction, maintenance, or improvement of any road on the
  866  State Highway System.
  867         (4)The department may implement variable-rate tolls on
  868  high-occupancy toll lanes or express lanes.
  869         (5)Except for high-occupancy toll lanes or express lanes,
  870  tolls may not be charged for use of an interstate highway where
  871  tolls were not charged as of July 1, 1997.
  872         (6)This section does not apply to the turnpike system as
  873  defined under the Florida Turnpike Enterprise Law.
  874         Section 15. Paragraph (d) is added to subsection (1) of
  875  section 338.2216, Florida Statutes, to read:
  876         338.2216 Florida Turnpike Enterprise; powers and
  877  authority.—
  878         (1)
  879         (d)The Florida Turnpike Enterprise shall pursue and
  880  implement new technologies and processes in its operations and
  881  collection of tolls and the collection of other amounts
  882  associated with road and infrastructure usage. Such technologies
  883  and processes must include, without limitation, video billing
  884  and variable pricing.
  885         Section 16. Section 338.231, Florida Statutes, is amended
  886  to read:
  887         338.231 Turnpike tolls, fixing; pledge of tolls and other
  888  revenues.—The department shall at all times fix, adjust, charge,
  889  and collect such tolls and amounts for the use of the turnpike
  890  system as are required in order to provide a fund sufficient
  891  with other revenues of the turnpike system to pay the cost of
  892  maintaining, improving, repairing, and operating such turnpike
  893  system; to pay the principal of and interest on all bonds issued
  894  to finance or refinance any portion of the turnpike system as
  895  the same become due and payable; and to create reserves for all
  896  such purposes.
  897         (1)In the process of effectuating toll rate increases over
  898  the period 1988 through 1992, the department shall, to the
  899  maximum extent feasible, equalize the toll structure, within
  900  each vehicle classification, so that the per mile toll rate will
  901  be approximately the same throughout the turnpike system. New
  902  turnpike projects may have toll rates higher than the uniform
  903  system rate where such higher toll rates are necessary to
  904  qualify the project in accordance with the financial criteria in
  905  the turnpike law. Such higher rates may be reduced to the
  906  uniform system rate when the project is generating sufficient
  907  revenues to pay the full amount of debt service and operating
  908  and maintenance costs at the uniform system rate. If, after 15
  909  years of opening to traffic, the annual revenue of a turnpike
  910  project does not meet or exceed the annual debt service
  911  requirements and operating and maintenance costs attributable to
  912  such project, the department shall, to the maximum extent
  913  feasible, establish a toll rate for the project which is higher
  914  than the uniform system rate as necessary to meet such annual
  915  debt service requirements and operating and maintenance costs.
  916  The department may, to the extent feasible, establish a
  917  temporary toll rate at less than the uniform system rate for the
  918  purpose of building patronage for the ultimate benefit of the
  919  turnpike system. In no case shall the temporary rate be
  920  established for more than 1 year. The requirements of this
  921  subsection shall not apply when the application of such
  922  requirements would violate any covenant established in a
  923  resolution or trust indenture relating to the issuance of
  924  turnpike bonds.
  925         (1)(2) Notwithstanding any other provision of law, the
  926  department may defer the scheduled July 1, 1993, toll rate
  927  increase on the Homestead Extension of the Florida Turnpike
  928  until July 1, 1995. The department may also advance funds to the
  929  Turnpike General Reserve Trust Fund to replace estimated lost
  930  revenues resulting from this deferral. The amount advanced must
  931  be repaid within 12 years from the date of advance; however, the
  932  repayment is subordinate to all other debt financing of the
  933  turnpike system outstanding at the time repayment is due.
  934         (2)(3) The department shall publish a proposed change in
  935  the toll rate for the use of an existing toll facility, in the
  936  manner provided for in s. 120.54, which will provide for public
  937  notice and the opportunity for a public hearing before the
  938  adoption of the proposed rate change. When the department is
  939  evaluating a proposed turnpike toll project under s. 338.223 and
  940  has determined that there is a high probability that the project
  941  will pass the test of economic feasibility predicated on
  942  proposed toll rates, the toll rate that is proposed to be
  943  charged after the project is constructed must be adopted during
  944  the planning and project development phase of the project, in
  945  the manner provided for in s. 120.54, including public notice
  946  and the opportunity for a public hearing. For such a new
  947  project, the toll rate becomes effective upon the opening of the
  948  project to traffic.
  949         (3)(a)(4) For the period July 1, 1998, through June 30,
  950  2017, the department shall, to the maximum extent feasible,
  951  program sufficient funds in the tentative work program such that
  952  the percentage of turnpike toll and bond financed commitments in
  953  Miami-Dade County, Broward County, and Palm Beach County as
  954  compared to total turnpike toll and bond financed commitments
  955  shall be at least 90 percent of the share of net toll
  956  collections attributable to users of the turnpike system in
  957  Miami-Dade County, Broward County, and Palm Beach County as
  958  compared to total net toll collections attributable to users of
  959  the turnpike system. The requirements of This subsection does do
  960  not apply when the application of such requirements would
  961  violate any covenant established in a resolution or trust
  962  indenture relating to the issuance of turnpike bonds. The
  963  department may at any time for economic considerations establish
  964  lower temporary toll rates for a new or existing toll facility
  965  for a period not to exceed 1 year, after which the toll rates
  966  adopted pursuant to s. 120.54 shall become effective.
  967         (b)The department shall also fix, adjust, charge, and
  968  collect such amounts needed to cover the costs of administering
  969  the different toll-collection and payment methods, and types of
  970  accounts being offered and used, in the manner provided for in
  971  s. 120.54 which will provide for public notice and the
  972  opportunity for a public hearing before adoption. Such amounts
  973  may stand alone, be incorporated in a toll rate structure, or be
  974  a combination of the two.
  975         (4)(5) When bonds are outstanding which have been issued to
  976  finance or refinance any turnpike project, the tolls and all
  977  other revenues derived from the turnpike system and pledged to
  978  such bonds shall be set aside as may be provided in the
  979  resolution authorizing the issuance of such bonds or the trust
  980  agreement securing the same. The tolls or other revenues or
  981  other moneys so pledged and thereafter received by the
  982  department are immediately subject to the lien of such pledge
  983  without any physical delivery thereof or further act. The lien
  984  of any such pledge is valid and binding as against all parties
  985  having claims of any kind in tort or contract or otherwise
  986  against the department irrespective of whether such parties have
  987  notice thereof. Neither the resolution nor any trust agreement
  988  by which a pledge is created need be filed or recorded except in
  989  the records of the department.
  990         (5)(6) In each fiscal year while any of the bonds of the
  991  Broward County Expressway Authority series 1984 and series 1986
  992  A remain outstanding, the department is authorized to pledge
  993  revenues from the turnpike system to the payment of principal
  994  and interest of such series of bonds and the operation and
  995  maintenance expenses of the Sawgrass Expressway, to the extent
  996  gross toll revenues of the Sawgrass Expressway are insufficient
  997  to make such payments. The terms of an agreement relative to the
  998  pledge of turnpike system revenue will be negotiated with the
  999  parties of the 1984 and 1986 Broward County Expressway Authority
 1000  lease-purchase agreements, and subject to the covenants of those
 1001  agreements. The agreement must shall establish that the Sawgrass
 1002  Expressway is shall be subject to the planning, management, and
 1003  operating control of the department limited only by the terms of
 1004  the lease-purchase agreements. The department shall provide for
 1005  the payment of operation and maintenance expenses of the
 1006  Sawgrass Expressway until such agreement is in effect. This
 1007  pledge of turnpike system revenues is shall be subordinate to
 1008  the debt service requirements of any future issue of turnpike
 1009  bonds, the payment of turnpike system operation and maintenance
 1010  expenses, and subject to provisions of any subsequent resolution
 1011  or trust indenture relating to the issuance of such turnpike
 1012  bonds.
 1013         (6)(7) The use and disposition of revenues pledged to bonds
 1014  are subject to the provisions of ss. 338.22-338.241 and such
 1015  regulations as the resolution authorizing the issuance of the
 1016  such bonds or such trust agreement may provide.
 1017         Section 17. Subsection (4) of section 339.12, Florida
 1018  Statutes, is amended to read:
 1019         339.12 Aid and contributions by governmental entities for
 1020  department projects; federal aid.—
 1021         (4)(a) Prior to accepting the contribution of road bond
 1022  proceeds, time warrants, or cash for which reimbursement is
 1023  sought, the department shall enter into agreements with the
 1024  governing body of the governmental entity for the project or
 1025  project phases in accordance with specifications agreed upon
 1026  between the department and the governing body of the
 1027  governmental entity. The department in no instance is to receive
 1028  from such governmental entity an amount in excess of the actual
 1029  cost of the project or project phase. By specific provision in
 1030  the written agreement between the department and the governing
 1031  body of the governmental entity, the department may agree to
 1032  reimburse the governmental entity for the actual amount of the
 1033  bond proceeds, time warrants, or cash used on a highway project
 1034  or project phases that are not revenue producing and are
 1035  contained in the department’s adopted work program, or any
 1036  public transportation project contained in the adopted work
 1037  program. Subject to appropriation of funds by the Legislature,
 1038  the department may commit state funds for reimbursement of such
 1039  projects or project phases. Reimbursement to the governmental
 1040  entity for such a project or project phase must be made from
 1041  funds appropriated by the Legislature, and reimbursement for the
 1042  cost of the project or project phase is to begin in the year the
 1043  project or project phase is scheduled in the work program as of
 1044  the date of the agreement. Funds advanced pursuant to this
 1045  section, which were originally designated for transportation
 1046  purposes and so reimbursed to a county or municipality, shall be
 1047  used by the county or municipality for any transportation
 1048  expenditure authorized under s. 336.025(7). Also, cities and
 1049  counties may receive funds from persons, and reimburse those
 1050  persons, for the purposes of this section. Such persons may
 1051  include, but are not limited to, those persons defined in s.
 1052  607.01401(19).
 1053         (b) Prior to entering an agreement to advance a project or
 1054  project phase pursuant to this subsection and subsection (5),
 1055  the department shall first update the estimated cost of the
 1056  project or project phase and certify that the estimate is
 1057  accurate and consistent with the amount estimated in the adopted
 1058  work program. If the original estimate and the updated estimate
 1059  vary, the department shall amend the adopted work program
 1060  according to the amendatory procedures for the work program set
 1061  forth in s. 339.135(7). The amendment shall reflect all
 1062  corresponding increases and decreases to the affected projects
 1063  within the adopted work program.
 1064         (c) The department may enter into agreements under this
 1065  subsection for a project or project phase not included in the
 1066  adopted work program. As used in this paragraph, the term
 1067  “project phase” means acquisition of rights-of-way,
 1068  construction, construction inspection, and related support
 1069  phases. The project or project phase must be a high priority of
 1070  the governmental entity. Reimbursement for a project or project
 1071  phase must be made from funds appropriated by the Legislature
 1072  pursuant to s. 339.135(5). All other provisions of this
 1073  subsection apply to agreements entered into under this
 1074  paragraph. The total amount of project agreements for projects
 1075  or project phases not included in the adopted work program
 1076  authorized by this paragraph may not at any time exceed $250
 1077  $100 million. However, notwithstanding such $250 $100 million
 1078  limit and any similar limit in s. 334.30, project advances for
 1079  any inland county with a population greater than 500,000
 1080  dedicating amounts equal to $500 million or more of its Local
 1081  Government Infrastructure Surtax pursuant to s. 212.055(2) for
 1082  improvements to the State Highway System which are included in
 1083  the local metropolitan planning organization’s or the
 1084  department’s long-range transportation plans shall be excluded
 1085  from the calculation of the statewide limit of project advances.
 1086         (d)The department may enter into agreements under this
 1087  subsection with any county that has a population of 150,000 or
 1088  fewer as determined by the most recent official estimate under
 1089  s. 186.901 for a project or project phase not included in the
 1090  adopted work program. As used in this paragraph, the term
 1091  “project phase” means acquisition of rights-of-way,
 1092  construction, construction inspection, and related support
 1093  phases. The project or project phase must be a high priority of
 1094  the governmental entity. Reimbursement for a project or project
 1095  phase must be made from funds appropriated by the Legislature
 1096  under s. 339.135(5). All other provisions of this subsection
 1097  apply to agreements entered into under this paragraph. The total
 1098  amount of project agreements for projects or project phases not
 1099  included in the adopted work program authorized by this
 1100  paragraph may not at any time exceed $200 million. The project
 1101  must be included in the local government’s adopted comprehensive
 1102  plan. The department may enter into long-term repayment
 1103  agreements of up to 30 years.
 1104         Section 18. Paragraph (d) of subsection (7) of section
 1105  339.135, Florida Statutes, is amended to read:
 1106         339.135 Work program; legislative budget request;
 1107  definitions; preparation, adoption, execution, and amendment.—
 1108         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 1109         (d)1. Whenever the department proposes any amendment to the
 1110  adopted work program, as defined in subparagraph (c)1. or
 1111  subparagraph (c)3., which deletes or defers a construction phase
 1112  on a capacity project, it shall notify each county affected by
 1113  the amendment and each municipality within the county. The
 1114  notification shall be issued in writing to the chief elected
 1115  official of each affected county, each municipality within the
 1116  county, and the chair of each affected metropolitan planning
 1117  organization. Each affected county and each municipality in the
 1118  county is encouraged to coordinate with each other in order to
 1119  determine how the amendment affects local concurrency management
 1120  and regional transportation planning efforts. Each affected
 1121  county, and each municipality within the county, shall have 14
 1122  days to provide written comments to the department regarding how
 1123  the amendment will affect its respective concurrency management
 1124  systems, including whether any development permits were issued
 1125  contingent upon the capacity improvement, if applicable. After
 1126  receipt of written comments from the affected local governments,
 1127  the department shall include any written comments submitted by
 1128  such local governments in its preparation of the proposed
 1129  amendment.
 1130         2. Following the 14-day comment period in subparagraph 1.,
 1131  if applicable, whenever the department proposes any amendment to
 1132  the adopted work program, which amendment is defined in
 1133  subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
 1134  subparagraph (c)4., it shall submit the proposed amendment to
 1135  the Governor for approval and shall immediately notify the
 1136  chairs of the legislative appropriations committees, the chairs
 1137  of the legislative transportation committees, and each member of
 1138  the Legislature who represents a district affected by the
 1139  proposed amendment. It shall also notify, each metropolitan
 1140  planning organization affected by the proposed amendment, and
 1141  each unit of local government affected by the proposed
 1142  amendment, unless it provided to each the notification required
 1143  by subparagraph 1. Such proposed amendment shall provide a
 1144  complete justification of the need for the proposed amendment.
 1145         3.2. The Governor may shall not approve a proposed
 1146  amendment until 14 days following the notification required in
 1147  subparagraph 2. 1.
 1148         4.3. If either of the chairs of the legislative
 1149  appropriations committees or the President of the Senate or the
 1150  Speaker of the House of Representatives objects in writing to a
 1151  proposed amendment within 14 days following notification and
 1152  specifies the reasons for such objection, the Governor shall
 1153  disapprove the proposed amendment.
 1154         Section 19. Subsection (3) and paragraphs (b) and (c) of
 1155  subsection (4) of section 339.2816, Florida Statutes, are
 1156  amended to read:
 1157         339.2816 Small County Road Assistance Program.—
 1158         (3) Beginning with fiscal year 1999-2000 until fiscal year
 1159  2009-2010, and beginning again with fiscal year 2012-2013, up to
 1160  $25 million annually from the State Transportation Trust Fund
 1161  may be used for the purposes of funding the Small County Road
 1162  Assistance Program as described in this section.
 1163         (4)
 1164         (b) In determining a county’s eligibility for assistance
 1165  under this program, the department may consider whether the
 1166  county has attempted to keep county roads in satisfactory
 1167  condition, including the amount of local option fuel tax and ad
 1168  valorem millage rate imposed by the county. The department may
 1169  also consider the extent to which the county has offered to
 1170  provide a match of local funds with state funds provided under
 1171  the program. At a minimum, small counties shall be eligible only
 1172  if:
 1173         1. the county has enacted the maximum rate of the local
 1174  option fuel tax authorized by s. 336.025(1)(a), and has imposed
 1175  an ad valorem millage rate of at least 8 mills; or
 1176         2.The county has imposed an ad valorem millage rate of 10
 1177  mills.
 1178         (c) The following criteria must shall be used to prioritize
 1179  road projects for funding under the program:
 1180         1. The primary criterion is the physical condition of the
 1181  road as measured by the department.
 1182         2. As secondary criteria the department may consider:
 1183         a. Whether a road is used as an evacuation route.
 1184         b. Whether a road has high levels of agricultural travel.
 1185         c. Whether a road is considered a major arterial route.
 1186         d. Whether a road is considered a feeder road.
 1187         e.Whether a road is located in a fiscally constrained
 1188  county, as defined in s. 218.67(1).
 1189         f.e. Other criteria related to the impact of a project on
 1190  the public road system or on the state or local economy as
 1191  determined by the department.
 1192         Section 20. Paragraph (c) of subsection (4) of section
 1193  348.0003, Florida Statutes, is amended to read:
 1194         348.0003 Expressway authority; formation; membership.—
 1195         (4)
 1196         (c) Members of each expressway an authority, transportation
 1197  authority, bridge authority, or toll authority, created pursuant
 1198  to this chapter, chapter 343, or chapter 349 or any other
 1199  legislative enactment shall be required to comply with the
 1200  applicable financial disclosure requirements of s. 8, Art. II of
 1201  the State Constitution. This paragraph does not subject any
 1202  statutorily created authority, other than an expressway
 1203  authority created under this part, to any other requirement of
 1204  this part except the requirement of this paragraph.
 1205         Section 21. Subsection (1) of section 479.01, Florida
 1206  Statutes, is amended to read:
 1207         479.01 Definitions.—As used in this chapter, the term:
 1208         (1) “Automatic changeable facing” means a facing that which
 1209  through a mechanical system is capable of delivering two or more
 1210  advertising messages through an automated or remotely controlled
 1211  process and shall not rotate so rapidly as to cause distraction
 1212  to a motorist.
 1213         Section 22. Subsections (1), (5), and (9) of section
 1214  479.07, Florida Statutes, are amended to read:
 1215         479.07 Sign permits.—
 1216         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
 1217  person may not erect, operate, use, or maintain, or cause to be
 1218  erected, operated, used, or maintained, any sign on the State
 1219  Highway System outside an urban incorporated area, as defined in
 1220  s. 334.03(32), or on any portion of the interstate or federal
 1221  aid primary highway system without first obtaining a permit for
 1222  the sign from the department and paying the annual fee as
 1223  provided in this section. As used in For purposes of this
 1224  section, the term “on any portion of the State Highway System,
 1225  interstate, or federal-aid primary system” means shall mean a
 1226  sign located within the controlled area which is visible from
 1227  any portion of the main-traveled way of such system.
 1228         (5)(a) For each permit issued, the department shall furnish
 1229  to the applicant a serially numbered permanent metal permit tag.
 1230  The permittee is responsible for maintaining a valid permit tag
 1231  on each permitted sign facing at all times. The tag shall be
 1232  securely attached to the sign facing or, if there is no facing,
 1233  on the pole nearest the highway; and it shall be attached in
 1234  such a manner as to be plainly visible from the main-traveled
 1235  way. Effective July 1, 2012, the tag must be securely attached
 1236  to the upper 50 percent of the pole nearest the highway and must
 1237  be attached in such a manner as to be plainly visible from the
 1238  main-traveled way. The permit becomes will become void unless
 1239  the permit tag is properly and permanently displayed at the
 1240  permitted site within 30 days after the date of permit issuance.
 1241  If the permittee fails to erect a completed sign on the
 1242  permitted site within 270 days after the date on which the
 1243  permit was issued, the permit will be void, and the department
 1244  may not issue a new permit to that permittee for the same
 1245  location for 270 days after the date on which the permit became
 1246  void.
 1247         (b) If a permit tag is lost, stolen, or destroyed, the
 1248  permittee to whom the tag was issued must apply to the
 1249  department for a replacement tag. The department shall adopt a
 1250  rule establishing a service fee for replacement tags in an
 1251  amount that will recover the actual cost of providing the
 1252  replacement tag. Upon receipt of the application accompanied by
 1253  the a service fee of $3, the department shall issue a
 1254  replacement permit tag. Alternatively, the permittee may provide
 1255  its own replacement tag pursuant to department specifications
 1256  that the department shall adopt by rule at the time it
 1257  establishes the service fee for replacement tags.
 1258         (9)(a) A permit shall not be granted for any sign for which
 1259  a permit had not been granted by the effective date of this act
 1260  unless such sign is located at least:
 1261         1. One thousand five hundred feet from any other permitted
 1262  sign on the same side of the highway, if on an interstate
 1263  highway.
 1264         2. One thousand feet from any other permitted sign on the
 1265  same side of the highway, if on a federal-aid primary highway.
 1266  
 1267  The minimum spacing provided in this paragraph does not preclude
 1268  the permitting of V-type, back-to-back, side-to-side, stacked,
 1269  or double-faced signs at the permitted sign site. If a sign is
 1270  visible from the controlled area of more than one highway
 1271  subject to the jurisdiction of the department, the sign shall
 1272  meet the permitting requirements of, and, if the sign meets the
 1273  applicable permitting requirements, be permitted to, the highway
 1274  having the more stringent permitting requirements.
 1275         (b) A permit shall not be granted for a sign pursuant to
 1276  this chapter to locate such sign on any portion of the
 1277  interstate or federal-aid primary highway system, which sign:
 1278         1. Exceeds 50 feet in sign structure height above the crown
 1279  of the main-traveled way, if outside an incorporated area;
 1280         2. Exceeds 65 feet in sign structure height above the crown
 1281  of the main-traveled way, if inside an incorporated area; or
 1282         3. Exceeds 950 square feet of sign facing including all
 1283  embellishments.
 1284         (c) Notwithstanding subparagraph (a)1., there is
 1285  established a pilot program in Orange, Hillsborough, and Osceola
 1286  Counties, and within the boundaries of the City of Miami, under
 1287  which the distance between permitted signs on the same side of
 1288  an interstate highway may be reduced to 1,000 feet if all other
 1289  requirements of this chapter are met and if:
 1290         1. The local government has adopted a plan, program,
 1291  resolution, ordinance, or other policy encouraging the voluntary
 1292  removal of signs in a downtown, historic, redevelopment, infill,
 1293  or other designated area which also provides for a new or
 1294  replacement sign to be erected on an interstate highway within
 1295  that jurisdiction if a sign in the designated area is removed;
 1296         2. The sign owner and the local government mutually agree
 1297  to the terms of the removal and replacement; and
 1298         3. The local government notifies the department of its
 1299  intention to allow such removal and replacement as agreed upon
 1300  pursuant to subparagraph 2.
 1301  
 1302  The department shall maintain statistics tracking the use of the
 1303  provisions of this pilot program based on the notifications
 1304  received by the department from local governments under this
 1305  paragraph.
 1306         (d) Nothing in This subsection does not shall be construed
 1307  so as to cause a sign that which was conforming on October 1,
 1308  1984, to become nonconforming.
 1309         Section 23. Section 479.08, Florida Statutes, is amended to
 1310  read:
 1311         479.08 Denial or revocation of permit.—The department may
 1312  has the authority to deny or revoke any permit requested or
 1313  granted under this chapter in any case in which it determines
 1314  that the application for the permit contains knowingly false or
 1315  misleading information. The department may revoke any permit
 1316  granted under this chapter in any case in which or that the
 1317  permittee has violated any of the provisions of this chapter,
 1318  unless such permittee, within 30 days after the receipt of
 1319  notice by the department, corrects such false or misleading
 1320  information and complies with the provisions of this chapter.
 1321  For the purpose of this section, the notice of violation issued
 1322  by the department must describe in detail the alleged violation.
 1323  Any person aggrieved by any action of the department in denying
 1324  or revoking a permit under this chapter may, within 30 days
 1325  after receipt of the notice, apply to the department for an
 1326  administrative hearing pursuant to chapter 120. If a timely
 1327  request for hearing has been filed and the department issues a
 1328  final order revoking a permit, such revocation shall be
 1329  effective 30 days after the date of rendition. Except for
 1330  department action pursuant to s. 479.107(1), the filing of a
 1331  timely and proper notice of appeal shall operate to stay the
 1332  revocation until the department’s action is upheld.
 1333         Section 24. Section 479.156, Florida Statutes, is amended
 1334  to read:
 1335         479.156 Wall murals.—Notwithstanding any other provision of
 1336  this chapter, a municipality or county may permit and regulate
 1337  wall murals within areas designated by such government. If a
 1338  municipality or county permits wall murals, a wall mural that
 1339  displays a commercial message and is within 660 feet of the
 1340  nearest edge of the right-of-way within an area adjacent to the
 1341  interstate highway system or the federal-aid primary highway
 1342  system shall be located in an area that is zoned for industrial
 1343  or commercial use and the municipality or county shall establish
 1344  and enforce regulations for such areas that, at a minimum, set
 1345  forth criteria governing the size, lighting, and spacing of wall
 1346  murals consistent with the intent of the Highway Beautification
 1347  Act of 1965 and with customary use. Whenever a municipality or
 1348  county exercises such control and makes a determination of
 1349  customary use pursuant to 23 U.S.C. s. 131(d), such
 1350  determination shall be accepted in lieu of controls in the
 1351  agreement between the state and the United States Department of
 1352  Transportation, and the department shall notify the Federal
 1353  Highway Administration pursuant to the agreement, 23 U.S.C. s.
 1354  131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
 1355  subject to municipal or county regulation and the Highway
 1356  Beautification Act of 1965 must be approved by the Department of
 1357  Transportation and the Federal Highway Administration when
 1358  required by federal law and federal regulation under and may not
 1359  violate the agreement between the state and the United States
 1360  Department of Transportation and or violate federal regulations
 1361  enforced by the Department of Transportation under s. 479.02(1).
 1362  The existence of a wall mural as defined in s. 479.01(27) shall
 1363  not be considered in determining whether a sign as defined in s.
 1364  479.01(17), either existing or new, is in compliance with s.
 1365  479.07(9)(a).
 1366         Section 25. Subsections (1), (3), (4), and (5) of section
 1367  479.261, Florida Statutes, are amended to read:
 1368         479.261 Logo sign program.—
 1369         (1) The department shall establish a logo sign program for
 1370  the rights-of-way of the interstate highway system to provide
 1371  information to motorists about available gas, food, lodging, and
 1372  camping, attractions, and other services, as approved by the
 1373  Federal Highway Administration, at interchanges, through the use
 1374  of business logos, and may include additional interchanges under
 1375  the program. A logo sign for nearby attractions may be added to
 1376  this program if allowed by federal rules.
 1377         (a) An attraction as used in this chapter is defined as an
 1378  establishment, site, facility, or landmark that which is open a
 1379  minimum of 5 days a week for 52 weeks a year; that which charges
 1380  an admission for entry; which has as its principal focus family
 1381  oriented entertainment, cultural, educational, recreational,
 1382  scientific, or historical activities; and that which is publicly
 1383  recognized as a bona fide tourist attraction. However, the
 1384  permits for businesses seeking to participate in the attractions
 1385  logo sign program shall be awarded by the department annually to
 1386  the highest bidders, notwithstanding the limitation on fees in
 1387  subsection (5), which are qualified for available space at each
 1388  qualified location, but the fees therefor may not be less than
 1389  the fees established for logo participants in other logo
 1390  categories.
 1391         (b) The department shall incorporate the use of RV-friendly
 1392  markers on specific information logo signs for establishments
 1393  that cater to the needs of persons driving recreational
 1394  vehicles. Establishments that qualify for participation in the
 1395  specific information logo program and that also qualify as “RV
 1396  friendly” may request the RV-friendly marker on their specific
 1397  information logo sign. An RV-friendly marker must consist of a
 1398  design approved by the Federal Highway Administration. The
 1399  department shall adopt rules in accordance with chapter 120 to
 1400  administer this paragraph, including rules setting forth the
 1401  minimum requirements that establishments must meet in order to
 1402  qualify as RV-friendly. These requirements shall include large
 1403  parking spaces, entrances, and exits that can easily accommodate
 1404  recreational vehicles and facilities having appropriate overhead
 1405  clearances, if applicable.
 1406         (c)The department may implement a 3-year rotation-based
 1407  logo program providing for the removal and addition of
 1408  participating businesses in the program.
 1409         (3) Logo signs may be installed upon the issuance of an
 1410  annual permit by the department or its agent and payment of a an
 1411  application and permit fee to the department or its agent.
 1412         (4) The department may contract pursuant to s. 287.057 for
 1413  the provision of services related to the logo sign program,
 1414  including recruitment and qualification of businesses, review of
 1415  applications, permit issuance, and fabrication, installation,
 1416  and maintenance of logo signs. The department may reject all
 1417  proposals and seek another request for proposals or otherwise
 1418  perform the work. If the department contracts for the provision
 1419  of services for the logo sign program, the contract must
 1420  require, unless the business owner declines, that businesses
 1421  that previously entered into agreements with the department to
 1422  privately fund logo sign construction and installation be
 1423  reimbursed by the contractor for the cost of the signs which has
 1424  not been recovered through a previously agreed upon waiver of
 1425  fees. The contract also may allow the contractor to retain a
 1426  portion of the annual fees as compensation for its services.
 1427         (5) Permit fees for businesses that participate in the
 1428  program must be established in an amount sufficient to offset
 1429  the total cost to the department for the program, including
 1430  contract costs. The department shall provide the services in the
 1431  most efficient and cost-effective manner through department
 1432  staff or by contracting for some or all of the services. The
 1433  department shall adopt rules that set reasonable rates based
 1434  upon factors such as population, traffic volume, market demand,
 1435  and costs for annual permit fees. However, annual permit fees
 1436  for sign locations inside an urban area, as defined in s.
 1437  334.03(32), may not exceed $5,000, and annual permit fees for
 1438  sign locations outside an urban area, as defined in s.
 1439  334.03(32), may not exceed $2,500. After recovering program
 1440  costs, the proceeds from the logo program shall be deposited
 1441  into the State Transportation Trust Fund and used for
 1442  transportation purposes. Such annual permit fee shall not exceed
 1443  $1,250.
 1444         Section 26. The Department of Transportation, in
 1445  consultation with the Department of Law Enforcement, the
 1446  Department of Environmental Protection, the Division of
 1447  Emergency Management of the Department of Community Affairs, the
 1448  Office of Tourism, Trade, and Economic Development, affected
 1449  metropolitan planning organizations, and regional planning
 1450  councils within whose jurisdictional area the I-95 corridor
 1451  lies, shall complete a study of transportation alternatives for
 1452  the travel corridor parallel to Interstate 95 which takes into
 1453  account the transportation, emergency management, homeland
 1454  security, and economic development needs of the state. The
 1455  report must include identification of cost-effective measures
 1456  that may be implemented to alleviate congestion on Interstate
 1457  95, facilitate emergency and security responses, and foster
 1458  economic development. The Department of Transportation shall
 1459  send the report to the Governor, the President of the Senate,
 1460  the Speaker of the House of Representatives, and each affected
 1461  metropolitan planning organization by June 30, 2010.
 1462         Section 27. (1)Part III of chapter 343, Florida Statutes,
 1463  consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
 1464  343.76, and 343.77, is repealed.
 1465         (2)Any assets or liabilities of the Tampa Bay Commuter
 1466  Transit Authority are transferred to the Tampa Bay Area Regional
 1467  Transportation Authority as created under s. 343.92, Florida
 1468  Statutes.
 1469         Section 28. This act shall take effect July 1, 2009.