Florida Senate - 2009 SB 932
By the Committee on Transportation
596-01172A-09 2009932__
1 A bill to be entitled
2 An act relating to transportation; requiring the
3 department to conduct a study of transportation
4 alternatives for the Interstate 95 corridor; amending
5 s. 20.23, F.S.; providing for the salary and benefits
6 of the executive director of the Florida
7 Transportation Commission to be set in accordance with
8 the Senior Management Service; amending s. 125.42,
9 F.S.; providing for counties to incur certain costs
10 related to the relocation or removal of certain
11 utility facilities under specified circumstances;
12 amending s. 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. 287.055,
37 F.S.; conforming a cross-reference; amending s.
38 337.11, F.S.; providing for the department to pay a
39 portion of certain proposal development costs;
40 requiring the department to advertise certain
41 contracts as design-build contracts; amending ss.
42 337.14 and 337.16, F.S.; conforming cross-references;
43 amending s. 337.18, F.S.; requiring the contractor to
44 maintain a copy of the required payment and
45 performance bond at certain locations and provide a
46 copy upon request; providing that a copy may be
47 obtained directly from the department; removing a
48 provision requiring that a copy be recorded in the
49 public records of the county; amending s. 337.185,
50 F.S.; providing for the State Arbitration Board to
51 arbitrate certain claims relating to maintenance
52 contracts; providing for a member of the board to be
53 elected by maintenance companies as well as
54 construction companies; amending s. 337.403, F.S.;
55 providing for the department or local governmental
56 entity to pay certain costs of removal or relocation
57 of a utility facility that is found to be interfering
58 with the use, maintenance, improvement, extension, or
59 expansion of a public road or publicly owned rail
60 corridor under described circumstances; amending s.
61 337.408, F.S.; providing for public pay telephones and
62 advertising thereon to be installed within the right
63 of-way limits of any municipal, county, or state road;
64 amending s. 338.01, F.S.; requiring new and
65 replacement electronic toll collection systems to be
66 interoperable with the department's system; amending
67 s. 338.165, F.S.; providing that provisions requiring
68 the continuation of tolls following the discharge of
69 bond indebtedness does not apply to high-occupancy
70 toll lanes or express lanes; creating s. 338.166,
71 F.S.; authorizing the department to request that bonds
72 be issued which are secured by toll revenues from
73 high-occupancy toll or express lanes in a specified
74 location; providing for the department to continue to
75 collect tolls after discharge of indebtedness;
76 authorizing the use of excess toll revenues for
77 improvements to the State Highway System; authorizing
78 the implementation of variable rate tolls on high
79 occupancy toll lanes or express lanes; amending s.
80 338.2216, F.S.; directing the Florida Turnpike
81 Enterprise to implement new technologies and processes
82 in its operations and collection of tolls and other
83 amounts; amending s. 338.223, F.S.; conforming a
84 cross-reference; amending s. 338.231, F.S.; revising
85 provisions for establishing and collecting tolls;
86 authorizing the collection of amounts to cover costs
87 of toll collection and payment methods; requiring
88 public notice and hearing; amending s. 339.12, F.S.;
89 revising requirements for aid and contributions by
90 governmental entities for transportation projects;
91 revising limits under which the department may enter
92 into an agreement with a county for a project or
93 project phase not in the adopted work program;
94 authorizing the department to enter into certain long
95 term repayment agreements; amending s. 339.135, F.S.;
96 revising certain notice provisions that require the
97 Department of Transportation to notify local
98 governments regarding amendments to an adopted 5-year
99 work program; amending s. 339.155, F.S.; revising
100 provisions for development of the Florida
101 Transportation Plan; amending s. 339.2816, F.S.,
102 relating to the small county road assistance program;
103 providing for resumption of certain funding for the
104 program; revising the criteria for counties eligible
105 to participate in the program; amending ss. 339.2819
106 and 339.285, F.S.; conforming cross-references;
107 repealing part III of ch. 343 F.S., relating to the
108 Tampa Bay Commuter Transit Authority; amending s.
109 348.0003, F.S.; requiring financial disclosure for
110 members of expressway, transportation, bridge, or toll
111 authorities; amending s. 348.0004, F.S.; providing for
112 certain expressway authorities to index toll rate
113 increases; amending s. 479.01, F.S.; revising
114 provisions for outdoor advertising; revising the
115 definition of the term “automatic changeable facing”;
116 amending s. 479.07, F.S.; revising a prohibition
117 against signs on the State Highway System; revising
118 requirements for display of the sign permit tag;
119 directing the department to establish by rule a fee
120 for furnishing a replacement permit tag; revising the
121 pilot project for permitted signs to include
122 Hillsborough County and areas within the boundaries of
123 the City of Miami; amending s. 479.08, F.S.; revising
124 provisions for denial or revocation of a sign permit;
125 amending s. 479.156, F.S.; modifying local government
126 control of the regulation of wall murals adjacent to
127 certain federal highways; amending s. 479.261, F.S.;
128 revising requirements for the logo sign program of the
129 interstate highway system; deleting provisions
130 providing for permits to be awarded to the highest
131 bidders; requiring the department to implement a
132 rotation-based logo program; requiring the department
133 to adopt rules that set reasonable rates based on
134 certain factors for annual permit fees; requiring that
135 such fees not exceed a certain amount for sign
136 locations inside and outside an urban area; creating a
137 business partnership pilot program; authorizing the
138 Palm Beach County School District to display names of
139 business partners on district property in
140 unincorporated areas; exempting the program from
141 specified provisions; authorizing the expenditure of
142 public funds for certain alterations of Old Cutler
143 Road in the Village of Palmetto Bay; requiring the
144 official approval of the Department of State before
145 any alterations may begin; amending s. 120.52, F.S.;
146 redefining the term “agency” for purposes of ch. 120,
147 F.S., to include certain regional transportation and
148 transit authorities; directing the Department of
149 Transportation to establish an approved transportation
150 methodology for certain purpose; providing
151 requirements; providing an effective date.
152
153 Be It Enacted by the Legislature of the State of Florida:
154
155 Section 1. The Department of Transportation, in
156 consultation with the Department of Law Enforcement, the
157 Division of Emergency Management of the Department of Community
158 Affairs, the Office of Tourism, Trade, and Economic Development,
159 metropolitan planning organizations, and regional planning
160 councils within whose jurisdictional area the I-95 corridor
161 lies, shall complete a study of transportation alternatives for
162 the travel corridor parallel to Interstate 95 which takes into
163 account the transportation, emergency management, homeland
164 security, and economic development needs of the state. The
165 report must include identification of cost-effective measures
166 that may be implemented to alleviate congestion on Interstate
167 95, facilitate emergency and security responses, and foster
168 economic development. The Department of Transportation shall
169 send the report to the Governor, the President of the Senate,
170 the Speaker of the House of Representatives, and each affected
171 metropolitan planning organization by June 30, 2010.
172 Section 2. Paragraph (h) of subsection (2) of section
173 20.23, Florida Statutes, is amended to read:
174 20.23 Department of Transportation.—There is created a
175 Department of Transportation which shall be a decentralized
176 agency.
177 (2)
178 (h) The commission shall appoint an executive director and
179 assistant executive director, who shall serve under the
180 direction, supervision, and control of the commission. The
181 executive director, with the consent of the commission, shall
182 employ such staff as are necessary to perform adequately the
183 functions of the commission, within budgetary limitations. All
184 employees of the commission are exempt from part II of chapter
185 110 and shall serve at the pleasure of the commission. The
186 salary and benefits of the executive director shall be set in
187 accordance with the Senior Management Service. The salaries and
188 benefits of all other employees of the commission shall be set
189 in accordance with the Selected Exempt Service; provided,
190 however, that the commission has shall have complete authority
191 for fixing the salary of the executive director and assistant
192 executive director.
193 Section 3. Subsection (5) of section 125.42, Florida
194 Statutes, is amended to read:
195 125.42 Water, sewage, gas, power, telephone, other utility,
196 and television lines along county roads and highways.—
197 (5) In the event of widening, repair, or reconstruction of
198 any such road, the licensee shall move or remove such water,
199 sewage, gas, power, telephone, and other utility lines and
200 television lines at no cost to the county, except as provided in
201 s. 337.403(1)(e).
202 Section 4. Paragraphs (a), (h), and (j) of subsection (6)
203 of section 163.3177, Florida Statutes, are amended to read:
204 163.3177 Required and optional elements of comprehensive
205 plan; studies and surveys.—
206 (6) In addition to the requirements of subsections (1)-(5)
207 and (12), the comprehensive plan shall include the following
208 elements:
209 (a) A future land use plan element designating proposed
210 future general distribution, location, and extent of the uses of
211 land for residential uses, commercial uses, industry,
212 agriculture, recreation, conservation, education, public
213 buildings and grounds, other public facilities, and other
214 categories of the public and private uses of land. Counties are
215 encouraged to designate rural land stewardship areas, pursuant
216 to the provisions of paragraph (11)(d), as overlays on the
217 future land use map. Each future land use category must be
218 defined in terms of uses included, and must include standards to
219 be followed in the control and distribution of population
220 densities and building and structure intensities. The proposed
221 distribution, location, and extent of the various categories of
222 land use shall be shown on a land use map or map series which
223 shall be supplemented by goals, policies, and measurable
224 objectives. The future land use plan shall be based upon
225 surveys, studies, and data regarding the area, including the
226 amount of land required to accommodate anticipated growth; the
227 projected population of the area; the character of undeveloped
228 land; the availability of water supplies, public facilities, and
229 services; the need for redevelopment, including the renewal of
230 blighted areas and the elimination of nonconforming uses which
231 are inconsistent with the character of the community; the
232 compatibility of uses on lands adjacent to or closely proximate
233 to military installations; lands adjacent to an airport as
234 defined in s. 330.35 and consistent with s. 333.02; the
235 discouragement of urban sprawl; energy-efficient land use
236 patterns accounting for existing and future electric power
237 generation and transmission systems; greenhouse gas reduction
238 strategies; and, in rural communities, the need for job
239 creation, capital investment, and economic development that will
240 strengthen and diversify the community's economy. The future
241 land use plan may designate areas for future planned development
242 use involving combinations of types of uses for which special
243 regulations may be necessary to ensure development in accord
244 with the principles and standards of the comprehensive plan and
245 this act. The future land use plan element shall include
246 criteria to be used to achieve the compatibility of adjacent or
247 closely proximate lands with military installations; lands
248 adjacent to an airport as defined in s. 330.35 and consistent
249 with s. 333.02. In addition, for rural communities, the amount
250 of land designated for future planned industrial use shall be
251 based upon surveys and studies that reflect the need for job
252 creation, capital investment, and the necessity to strengthen
253 and diversify the local economies, and may shall not be limited
254 solely by the projected population of the rural community. The
255 future land use plan of a county may also designate areas for
256 possible future municipal incorporation. The land use maps or
257 map series shall generally identify and depict historic district
258 boundaries and shall designate historically significant
259 properties meriting protection. For coastal counties, the future
260 land use element must include, without limitation, regulatory
261 incentives and criteria that encourage the preservation of
262 recreational and commercial working waterfronts as defined in s.
263 342.07. The future land use element must clearly identify the
264 land use categories in which public schools are an allowable
265 use. When delineating the land use categories in which public
266 schools are an allowable use, a local government shall include
267 in the categories sufficient land proximate to residential
268 development to meet the projected needs for schools in
269 coordination with public school boards and may establish
270 differing criteria for schools of different type or size. Each
271 local government shall include lands contiguous to existing
272 school sites, to the maximum extent possible, within the land
273 use categories in which public schools are an allowable use. The
274 failure by a local government to comply with these school siting
275 requirements will result in the prohibition of the local
276 government's ability to amend the local comprehensive plan,
277 except for plan amendments described in s. 163.3187(1)(b), until
278 the school siting requirements are met. Amendments proposed by a
279 local government for purposes of identifying the land use
280 categories in which public schools are an allowable use are
281 exempt from the limitation on the frequency of plan amendments
282 contained in s. 163.3187. The future land use element shall
283 include criteria that encourage the location of schools
284 proximate to urban residential areas to the extent possible and
285 shall require that the local government seek to collocate public
286 facilities, such as parks, libraries, and community centers,
287 with schools to the extent possible and to encourage the use of
288 elementary schools as focal points for neighborhoods. For
289 schools serving predominantly rural counties, defined as a
290 county with a population of 100,000 or fewer, an agricultural
291 land use category is shall be eligible for the location of
292 public school facilities if the local comprehensive plan
293 contains school siting criteria and the location is consistent
294 with such criteria. Local governments required to update or
295 amend their comprehensive plan to include criteria and address
296 compatibility of lands adjacent to an airport as defined in s.
297 330.35 and consistent with s. 333.02 adjacent or closely
298 proximate lands with existing military installations in their
299 future land use plan element shall transmit the update or
300 amendment to the state land planning agency department by June
301 30, 2012 2006.
302 (h)1. An intergovernmental coordination element showing
303 relationships and stating principles and guidelines to be used
304 in the accomplishment of coordination of the adopted
305 comprehensive plan with the plans of school boards, regional
306 water supply authorities, and other units of local government
307 providing services but not having regulatory authority over the
308 use of land, with the comprehensive plans of adjacent
309 municipalities, the county, adjacent counties, or the region,
310 with the state comprehensive plan and with the applicable
311 regional water supply plan approved pursuant to s. 373.0361, as
312 the case may require and as such adopted plans or plans in
313 preparation may exist. This element of the local comprehensive
314 plan shall demonstrate consideration of the particular effects
315 of the local plan, when adopted, upon the development of
316 adjacent municipalities, the county, adjacent counties, or the
317 region, or upon the state comprehensive plan, as the case may
318 require.
319 a. The intergovernmental coordination element shall provide
320 for procedures to identify and implement joint planning areas,
321 especially for the purpose of annexation, municipal
322 incorporation, and joint infrastructure service areas.
323 b. The intergovernmental coordination element shall provide
324 for recognition of campus master plans prepared pursuant to s.
325 1013.30 and airport master plans under paragraph (k).
326 c. The intergovernmental coordination element may provide
327 for a voluntary dispute resolution process as established
328 pursuant to s. 186.509 for bringing to closure in a timely
329 manner intergovernmental disputes. A local government may
330 develop and use an alternative local dispute resolution process
331 for this purpose.
332 d. The intergovernmental coordination element shall provide
333 for interlocal agreements as established pursuant to s.
334 333.03(1)(b).
335 2. The intergovernmental coordination element shall further
336 state principles and guidelines to be used in the accomplishment
337 of coordination of the adopted comprehensive plan with the plans
338 of school boards and other units of local government providing
339 facilities and services but not having regulatory authority over
340 the use of land. In addition, the intergovernmental coordination
341 element shall describe joint processes for collaborative
342 planning and decisionmaking on population projections and public
343 school siting, the location and extension of public facilities
344 subject to concurrency, and siting facilities with countywide
345 significance, including locally unwanted land uses whose nature
346 and identity are established in an agreement. Within 1 year of
347 adopting their intergovernmental coordination elements, each
348 county, all the municipalities within that county, the district
349 school board, and any unit of local government service providers
350 in that county shall establish by interlocal or other formal
351 agreement executed by all affected entities, the joint processes
352 described in this subparagraph consistent with their adopted
353 intergovernmental coordination elements.
354 3. To foster coordination between special districts and
355 local general-purpose governments as local general-purpose
356 governments implement local comprehensive plans, each
357 independent special district must submit a public facilities
358 report to the appropriate local government as required by s.
359 189.415.
360 4.a. Local governments shall must execute an interlocal
361 agreement with the district school board, the county, and
362 nonexempt municipalities pursuant to s. 163.31777. The local
363 government shall amend the intergovernmental coordination
364 element to provide that coordination between the local
365 government and school board is pursuant to the agreement and
366 shall state the obligations of the local government under the
367 agreement.
368 b. Plan amendments that comply with this subparagraph are
369 exempt from the provisions of s. 163.3187(1).
370 5. The state land planning agency shall establish a
371 schedule for phased completion and transmittal of plan
372 amendments to implement subparagraphs 1., 2., and 3. from all
373 jurisdictions so as to accomplish their adoption by December 31,
374 1999. A local government may complete and transmit its plan
375 amendments to carry out these provisions prior to the scheduled
376 date established by the state land planning agency. The plan
377 amendments are exempt from the provisions of s. 163.3187(1).
378 6. By January 1, 2004, any county having a population
379 greater than 100,000, and the municipalities and special
380 districts within that county, shall submit a report to the
381 Department of Community Affairs which:
382 a. Identifies all existing or proposed interlocal service
383 delivery agreements regarding the following: education; sanitary
384 sewer; public safety; solid waste; drainage; potable water;
385 parks and recreation; and transportation facilities.
386 b. Identifies any deficits or duplication in the provision
387 of services within its jurisdiction, whether capital or
388 operational. Upon request, the Department of Community Affairs
389 shall provide technical assistance to the local governments in
390 identifying deficits or duplication.
391 7. Within 6 months after submission of the report, the
392 Department of Community Affairs shall, through the appropriate
393 regional planning council, coordinate a meeting of all local
394 governments within the regional planning area to discuss the
395 reports and potential strategies to remedy any identified
396 deficiencies or duplications.
397 8. Each local government shall update its intergovernmental
398 coordination element based upon the findings in the report
399 submitted pursuant to subparagraph 6. The report may be used as
400 supporting data and analysis for the intergovernmental
401 coordination element.
402 (j) For each unit of local government within an urbanized
403 area designated for purposes of s. 339.175, a transportation
404 element, which must shall be prepared and adopted in lieu of the
405 requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
406 and (d) and which shall address the following issues:
407 1. Traffic circulation, including major thoroughfares and
408 other routes, including bicycle and pedestrian ways.
409 2. All alternative modes of travel, such as public
410 transportation, pedestrian, and bicycle travel.
411 3. Parking facilities.
412 4. Aviation, rail, seaport facilities, access to those
413 facilities, and intermodal terminals.
414 5. The availability of facilities and services to serve
415 existing land uses and the compatibility between future land use
416 and transportation elements.
417 6. The capability to evacuate the coastal population prior
418 to an impending natural disaster.
419 7. Airports, projected airport and aviation development,
420 and land use compatibility around airports, which includes areas
421 defined in ss. 333.01 and 333.02.
422 8. An identification of land use densities, building
423 intensities, and transportation management programs to promote
424 public transportation systems in designated public
425 transportation corridors so as to encourage population densities
426 sufficient to support such systems.
427 9. May include transportation corridors, as defined in s.
428 334.03, intended for future transportation facilities designated
429 pursuant to s. 337.273. If transportation corridors are
430 designated, the local government may adopt a transportation
431 corridor management ordinance.
432 10. The incorporation of transportation strategies to
433 address reduction in greenhouse gas emissions from the
434 transportation sector.
435 Section 5. Subsection (3) of section 163.3178, Florida
436 Statutes, is amended to read:
437 163.3178 Coastal management.—
438 (3) Expansions to port harbors, spoil disposal sites,
439 navigation channels, turning basins, harbor berths, and other
440 related inwater harbor facilities of ports listed in s.
441 403.021(9); port transportation facilities and projects listed
442 in s. 311.07(3)(b); and intermodal transportation facilities
443 identified pursuant to s. 311.09(3); and facilities determined
444 by the Department of Community Affairs and applicable general
445 purpose local government to be port-related industrial or
446 commercial projects located within 3 miles of or in a port
447 master plan area which rely upon the use of port and intermodal
448 transportation facilities may shall not be designated as
449 developments of regional impact if where such expansions,
450 projects, or facilities are consistent with comprehensive master
451 plans that are in compliance with this section.
452 Section 6. Paragraph (c) is added to subsection (2) of
453 section 163.3182, Florida Statutes, and paragraph (d) of
454 subsection (3) and subsections (4), (5), and (8) of that section
455 are amended, to read:
456 163.3182 Transportation concurrency backlogs.—
457 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
458 AUTHORITIES.—
459 (c) The Legislature finds and declares that there exists in
460 many counties and municipalities areas that have significant
461 transportation deficiencies and inadequate transportation
462 facilities; that many insufficiencies and inadequacies severely
463 limit or prohibit the satisfaction of transportation concurrency
464 standards; that the transportation insufficiencies and
465 inadequacies affect the health, safety, and welfare of the
466 residents of these counties and municipalities; that the
467 transportation insufficiencies and inadequacies adversely affect
468 economic development and growth of the tax base for the areas in
469 which these insufficiencies and inadequacies exist; and that the
470 elimination of transportation deficiencies and inadequacies and
471 the satisfaction of transportation concurrency standards are
472 paramount public purposes for the state and its counties and
473 municipalities.
474 (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
475 AUTHORITY.—Each transportation concurrency backlog authority has
476 the powers necessary or convenient to carry out the purposes of
477 this section, including the following powers in addition to
478 others granted in this section:
479 (d) To borrow money, including, but not limited to, issuing
480 debt obligations such as, but not limited to, bonds, notes,
481 certificates, and similar debt instruments; to apply for and
482 accept advances, loans, grants, contributions, and any other
483 forms of financial assistance from the Federal Government or the
484 state, county, or any other public body or from any sources,
485 public or private, for the purposes of this part; to give such
486 security as may be required; to enter into and carry out
487 contracts or agreements; and to include in any contracts for
488 financial assistance with the Federal Government for or with
489 respect to a transportation concurrency backlog project and
490 related activities such conditions imposed under pursuant to
491 federal laws as the transportation concurrency backlog authority
492 considers reasonable and appropriate and which are not
493 inconsistent with the purposes of this section.
494 (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.—
495 (a) Each transportation concurrency backlog authority shall
496 adopt a transportation concurrency backlog plan as a part of the
497 local government comprehensive plan within 6 months after the
498 creation of the authority. The plan must shall:
499 1. Identify all transportation facilities that have been
500 designated as deficient and require the expenditure of moneys to
501 upgrade, modify, or mitigate the deficiency.
502 2. Include a priority listing of all transportation
503 facilities that have been designated as deficient and do not
504 satisfy concurrency requirements pursuant to s. 163.3180, and
505 the applicable local government comprehensive plan.
506 3. Establish a schedule for financing and construction of
507 transportation concurrency backlog projects that will eliminate
508 transportation concurrency backlogs within the jurisdiction of
509 the authority within 10 years after the transportation
510 concurrency backlog plan adoption. The schedule shall be adopted
511 as part of the local government comprehensive plan.
512 (b) The adoption of the transportation concurrency backlog
513 plan shall be exempt from the provisions of s. 163.3187(1).
514 Notwithstanding such schedule requirements, as long as the
515 schedule provides for the elimination of all transportation
516 concurrency backlogs within 10 years after the adoption of the
517 concurrency backlog plan, the final maturity date of any debt
518 incurred to finance or refinance the related projects may be no
519 later than 40 years after the date the debt is incurred and the
520 authority may continue operations and administer the trust fund
521 established as provided in subsection (5) for as long as the
522 debt remains outstanding.
523 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
524 concurrency backlog authority shall establish a local
525 transportation concurrency backlog trust fund upon creation of
526 the authority. Each local trust fund shall be administered by
527 the transportation concurrency backlog authority within which a
528 transportation concurrency backlog has been identified. Each
529 local trust fund must continue to be funded under this section
530 for as long as the projects set forth in the related
531 transportation concurrency backlog plan remain to be completed
532 or until any debt incurred to finance or refinance the related
533 projects are no longer outstanding, whichever occurs later.
534 Beginning in the first fiscal year after the creation of the
535 authority, each local trust fund shall be funded by the proceeds
536 of an ad valorem tax increment collected within each
537 transportation concurrency backlog area to be determined
538 annually and shall be a minimum of 25 percent of the difference
539 between the amounts set forth in paragraphs (a) and (b), except
540 that if all of the affected taxing authorities agree under an
541 interlocal agreement, a particular local trust fund may be
542 funded by the proceeds of an ad valorem tax increment greater
543 than 25 percent of the difference between the amounts set forth
544 in paragraphs (a) and (b):
545 (a) The amount of ad valorem tax levied each year by each
546 taxing authority, exclusive of any amount from any debt service
547 millage, on taxable real property contained within the
548 jurisdiction of the transportation concurrency backlog authority
549 and within the transportation backlog area; and
550 (b) The amount of ad valorem taxes which would have been
551 produced by the rate upon which the tax is levied each year by
552 or for each taxing authority, exclusive of any debt service
553 millage, upon the total of the assessed value of the taxable
554 real property within the transportation concurrency backlog area
555 as shown on the most recent assessment roll used in connection
556 with the taxation of such property of each taxing authority
557 prior to the effective date of the ordinance funding the trust
558 fund.
559 (8) DISSOLUTION.—Upon completion of all transportation
560 concurrency backlog projects and repayment or defeasance of all
561 debt issued to finance or refinance such projects, a
562 transportation concurrency backlog authority shall be dissolved,
563 and its assets and liabilities shall be transferred to the
564 county or municipality within which the authority is located.
565 All remaining assets of the authority must be used for
566 implementation of transportation projects within the
567 jurisdiction of the authority. The local government
568 comprehensive plan shall be amended to remove the transportation
569 concurrency backlog plan.
570 Section 7. Paragraph (c) of subsection (9) of section
571 287.055, Florida Statutes, is amended to read:
572 287.055 Acquisition of professional architectural,
573 engineering, landscape architectural, or surveying and mapping
574 services; definitions; procedures; contingent fees prohibited;
575 penalties.—
576 (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.—
577 (c) Except as otherwise provided in s. 337.11(8) s.
578 337.11(7), the Department of Management Services shall adopt
579 rules for the award of design-build contracts to be followed by
580 state agencies. Each other agency must adopt rules or ordinances
581 for the award of design-build contracts. Municipalities,
582 political subdivisions, school districts, and school boards
583 shall award design-build contracts by the use of a competitive
584 proposal selection process as described in this subsection, or
585 by the use of a qualifications-based selection process pursuant
586 to subsections (3), (4), and (5) for entering into a contract
587 whereby the selected firm will, subsequent to competitive
588 negotiations, establish a guaranteed maximum price and
589 guaranteed completion date. If the procuring agency elects the
590 option of qualifications-based selection, during the selection
591 of the design-build firm the procuring agency shall employ or
592 retain a licensed design professional appropriate to the project
593 to serve as the agency's representative. Procedures for the use
594 of a competitive proposal selection process must include as a
595 minimum the following:
596 1. The preparation of a design criteria package for the
597 design and construction of the public construction project.
598 2. The qualification and selection of no fewer than three
599 design-build firms as the most qualified, based on the
600 qualifications, availability, and past work of the firms,
601 including the partners or members thereof.
602 3. The criteria, procedures, and standards for the
603 evaluation of design-build contract proposals or bids, based on
604 price, technical, and design aspects of the public construction
605 project, weighted for the project.
606 4. The solicitation of competitive proposals, pursuant to a
607 design criteria package, from those qualified design-build firms
608 and the evaluation of the responses or bids submitted by those
609 firms based on the evaluation criteria and procedures
610 established prior to the solicitation of competitive proposals.
611 5. For consultation with the employed or retained design
612 criteria professional concerning the evaluation of the responses
613 or bids submitted by the design-build firms, the supervision or
614 approval by the agency of the detailed working drawings of the
615 project; and for evaluation of the compliance of the project
616 construction with the design criteria package by the design
617 criteria professional.
618 6. In the case of public emergencies, for the agency head
619 to declare an emergency and authorize negotiations with the best
620 qualified design-build firm available at that time.
621 Section 8. Present subsections (7), (8), (9), (10), (11),
622 (12), (13), (14), and (15) of section 337.11, Florida Statutes,
623 are renumbered as subsections (8), (9), (10), (11), (12), (13),
624 (14), (15), and (16), respectively, a new subsection (7) is
625 added to that section, and present subsection (7) of that
626 subsection is amended, to read:
627 337.11 Contracting authority of department; bids; emergency
628 repairs, supplemental agreements, and change orders; combined
629 design and construction contracts; progress payments; records;
630 requirements of vehicle registration.—
631 (7) If the department determines that it is in the best
632 interest of the public, the department may pay a stipend to
633 unsuccessful firms who have submitted responsive proposals for
634 construction or maintenance contracts. The decision and amount
635 of a stipend must be based upon the department's analysis of the
636 estimated proposal development costs and the anticipated degree
637 of competition during the procurement process. Stipends must be
638 used to encourage competition and compensate unsuccessful firms
639 for a portion of their proposal development costs. The
640 department shall retain the right to use ideas from unsuccessful
641 firms that accept a stipend.
642 (8)(7)(a) If the head of the department determines that it
643 is in the best interests of the public, the department may
644 combine the design and construction phases of a building, a
645 major bridge, a limited access facility, or a rail corridor
646 project into a single contract. Such contract is referred to as
647 a design-build contract. The department's goal is to procure up
648 to 25 percent of the construction contracts that add capacity in
649 the 5-year adopted work program as design-build contracts by
650 July 1, 2014. Design-build contracts may be advertised and
651 awarded notwithstanding the requirements of paragraph (3)(c).
652 However, construction activities may not begin on any portion of
653 such projects for which the department has not yet obtained
654 title to the necessary rights-of-way and easements for the
655 construction of that portion of the project has vested in the
656 state or a local governmental entity and all railroad crossing
657 and utility agreements have been executed. Title to rights-of
658 way shall be deemed to have vested in the state when the title
659 has been dedicated to the public or acquired by prescription.
660 (b) The department shall adopt by rule procedures for
661 administering design-build contracts. Such procedures shall
662 include, but not be limited to:
663 1. Prequalification requirements.
664 2. Public announcement procedures.
665 3. Scope of service requirements.
666 4. Letters of interest requirements.
667 5. Short-listing criteria and procedures.
668 6. Bid proposal requirements.
669 7. Technical review committee.
670 8. Selection and award processes.
671 9. Stipend requirements.
672 (c) The department must receive at least three letters of
673 interest in order to proceed with a request for proposals. The
674 department shall request proposals from no fewer than three of
675 the design-build firms submitting letters of interest. If a
676 design-build firm withdraws from consideration after the
677 department requests proposals, the department may continue if at
678 least two proposals are received.
679 Section 9. Subsection (7) of section 337.14, Florida
680 Statutes, is amended to read:
681 337.14 Application for qualification; certificate of
682 qualification; restrictions; request for hearing.—
683 (7) No “contractor” as defined in s. 337.165(1)(d) or his
684 or her “affiliate” as defined in s. 337.165(1)(a) qualified with
685 the department under this section may also qualify under s.
686 287.055 or s. 337.105 to provide testing services, construction,
687 engineering, and inspection services to the department. This
688 limitation does shall not apply to any design-build
689 prequalification under s. 337.11(8) s. 337.11(7).
690 Section 10. Subsection (2) of section 337.16, Florida
691 Statutes, is amended to read:
692 337.16 Disqualification of delinquent contractors from
693 bidding; determination of contractor nonresponsibility; denial,
694 suspension, and revocation of certificates of qualification;
695 grounds; hearing.—
696 (2) For reasons other than delinquency in progress, the
697 department, for good cause, may determine any contractor not
698 having a certificate of qualification nonresponsible for a
699 specified period of time or may deny, suspend, or revoke any
700 certificate of qualification. Good cause includes, but is not
701 limited to, circumstances in which a contractor or the
702 contractor's official representative:
703 (a) Makes or submits to the department false, deceptive, or
704 fraudulent statements or materials in any bid proposal to the
705 department, any application for a certificate of qualification,
706 any certification of payment pursuant to s. 337.11(11) s.
707 337.11(10), or any administrative or judicial proceeding;
708 (b) Becomes insolvent or is the subject of a bankruptcy
709 petition;
710 (c) Fails to comply with contract requirements, in terms of
711 payment or performance record, or to timely furnish contract
712 documents as required by the contract or by any state or federal
713 statute or regulation;
714 (d) Wrongfully employs or otherwise provides compensation
715 to any employee or officer of the department, or willfully
716 offers an employee or officer of the department any pecuniary or
717 other benefit with the intent to influence the employee or
718 officer's official action or judgment;
719 (e) Is an affiliate of a contractor who has been determined
720 nonresponsible or whose certificate of qualification has been
721 suspended or revoked and the affiliate is dependent upon such
722 contractor for personnel, equipment, bonding capacity, or
723 finances; or
724 (f) Fails to register, pursuant to chapter 320, motor
725 vehicles that he or she operates in this state.
726 Section 11. Paragraph (b) of subsection (1) of section
727 337.18, Florida Statutes, is amended to read:
728 337.18 Surety bonds for construction or maintenance
729 contracts; requirement with respect to contract award; bond
730 requirements; defaults; damage assessments.—
731 (1)
732 (b) Before beginning any work under the contract, the
733 contractor shall maintain a copy of the payment and performance
734 bond required under this section at its principal place of
735 business and at the jobsite office, if one is established, and
736 the contractor shall provide a copy of the payment and
737 performance bond within 5 days after receiving a written request
738 for the bond. A copy of the payment and performance bond
739 required under this section may also be obtained directly from
740 the department by making a request pursuant to chapter 119. Upon
741 execution of the contract, and prior to beginning any work under
742 the contract, the contractor shall record in the public records
743 of the county where the improvement is located the payment and
744 performance bond required under this section. A claimant has
745 shall have a right of action against the contractor and surety
746 for the amount due him or her, including unpaid finance charges
747 due under the claimant's contract. The Such action may shall not
748 involve the department in any expense.
749 Section 12. Subsections (1), (2), and (7) of section
750 337.185, Florida Statutes, are amended to read:
751 337.185 State Arbitration Board.—
752 (1) To facilitate the prompt settlement of claims for
753 additional compensation arising out of construction and
754 maintenance contracts between the department and the various
755 contractors with whom it transacts business, the Legislature
756 does hereby establish the State Arbitration Board, referred to
757 in this section as the “board.” For the purpose of this section,
758 the term “claim” means shall mean the aggregate of all
759 outstanding claims by a party arising out of a construction or
760 maintenance contract. Every contractual claim in an amount up to
761 $250,000 per contract or, at the claimant's option, up to
762 $500,000 per contract or, upon agreement of the parties, up to
763 $1 million per contract that cannot be resolved by negotiation
764 between the department and the contractor shall be arbitrated by
765 the board after acceptance of the project by the department. As
766 an exception, either party to the dispute may request that the
767 claim be submitted to binding private arbitration. A court of
768 law may not consider the settlement of such a claim until the
769 process established by this section has been exhausted.
770 (2) The board shall be composed of three members. One
771 member shall be appointed by the head of the department, and one
772 member shall be elected by those construction or maintenance
773 companies who are under contract with the department. The third
774 member shall be chosen by agreement of the other two members.
775 Whenever the third member has a conflict of interest regarding
776 affiliation with one of the parties, the other two members shall
777 select an alternate member for that hearing. The head of the
778 department may select an alternative or substitute to serve as
779 the department member for any hearing or term. Each member shall
780 serve a 2-year term. The board shall elect a chair, each term,
781 who shall be the administrator of the board and custodian of its
782 records.
783 (7) The members of the board may receive compensation for
784 the performance of their duties hereunder, from administrative
785 fees received by the board, except that no employee of the
786 department may receive compensation from the board. The
787 compensation amount shall be determined by the board, but may
788 shall not exceed $125 per hour, up to a maximum of $1,000 per
789 day for each member authorized to receive compensation. Nothing
790 in This section does not shall prevent the member elected by
791 construction or maintenance companies from being an employee of
792 an association affiliated with the industry, even if the sole
793 responsibility of that member is service on the board. Travel
794 expenses for the industry member may be paid by an industry
795 association, if necessary. The board may allocate funds annually
796 for clerical and other administrative services.
797 Section 13. Subsection (1) of section 337.403, Florida
798 Statutes, is amended to read:
799 337.403 Relocation of utility; expenses.—
800 (1) Any utility heretofore or hereafter placed upon, under,
801 over, or along any public road or publicly owned rail corridor
802 that is found by the authority to be unreasonably interfering in
803 any way with the convenient, safe, or continuous use, or the
804 maintenance, improvement, extension, or expansion, of such
805 public road or publicly owned rail corridor shall, upon 30 days'
806 written notice to the utility or its agent by the authority, be
807 removed or relocated by such utility at its own expense except
808 as provided in paragraphs (a)-(f) (a), (b), and (c).
809 (a) If the relocation of utility facilities, as referred to
810 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
811 627 of the 84th Congress, is necessitated by the construction of
812 a project on the federal-aid interstate system, including
813 extensions thereof within urban areas, and the cost of the such
814 project is eligible and approved for reimbursement by the
815 Federal Government to the extent of 90 percent or more under the
816 Federal Aid Highway Act, or any amendment thereof, then in that
817 event the utility owning or operating such facilities shall
818 relocate the such facilities upon order of the department, and
819 the state shall pay the entire expense properly attributable to
820 such relocation after deducting therefrom any increase in the
821 value of the new facility and any salvage value derived from the
822 old facility.
823 (b) When a joint agreement between the department and the
824 utility is executed for utility improvement, relocation, or
825 removal work to be accomplished as part of a contract for
826 construction of a transportation facility, the department may
827 participate in those utility improvement, relocation, or removal
828 costs that exceed the department's official estimate of the cost
829 of the such work by more than 10 percent. The amount of such
830 participation shall be limited to the difference between the
831 official estimate of all the work in the joint agreement plus 10
832 percent and the amount awarded for this work in the construction
833 contract for such work. The department may not participate in
834 any utility improvement, relocation, or removal costs that occur
835 as a result of changes or additions during the course of the
836 contract.
837 (c) When an agreement between the department and utility is
838 executed for utility improvement, relocation, or removal work to
839 be accomplished in advance of a contract for construction of a
840 transportation facility, the department may participate in the
841 cost of clearing and grubbing necessary to perform such work.
842 (d) If the utility facility being removed or relocated was
843 initially installed to exclusively serve the department, its
844 tenants, or both, the department shall bear the costs of
845 removing or relocating that utility facility. However, the
846 department is not responsible for bearing the cost of removing
847 or relocating any subsequent additions to that facility for the
848 purpose of serving others.
849 (e) If, under an agreement between a utility and the
850 authority entered into after the effective date of this
851 subsection, the utility conveys, subordinates, or relinquishes a
852 compensable property right to the authority for the purpose of
853 accommodating the acquisition or use of the right-of-way by the
854 authority, without the agreement expressly addressing future
855 responsibility for the cost of removing or relocating the
856 utility, the authority shall bear the cost of removal or
857 relocation. This paragraph does not impair or restrict, and may
858 not be used to interpret, the terms of any such agreement
859 entered into before the effective date of this paragraph.
860 (f) If the utility is an electric facility being relocated
861 underground in order to enhance vehicular, bicycle, and
862 pedestrian safety and in which ownership of the electric
863 facility to be placed underground has been transferred from a
864 private to a public utility within the past 5 years, the
865 department shall incur all costs of the relocation.
866 Section 14. Subsections (4) and (5) of section 337.408,
867 Florida Statutes, are amended, present subsection (7) of that
868 section is renumbered as subsection (8), and a new subsection
869 (7) is added to that section, to read:
870 337.408 Regulation of benches, transit shelters, street
871 light poles, waste disposal receptacles, and modular news racks
872 within rights-of-way.—
873 (4) The department has the authority to direct the
874 immediate relocation or removal of any bench, transit shelter,
875 waste disposal receptacle, public pay telephone, or modular news
876 rack that which endangers life or property, except that transit
877 bus benches that were which have been placed in service before
878 prior to April 1, 1992, are not required to comply with bench
879 size and advertising display size requirements which have been
880 established by the department before prior to March 1, 1992. Any
881 transit bus bench that was in service before prior to April 1,
882 1992, may be replaced with a bus bench of the same size or
883 smaller, if the bench is damaged or destroyed or otherwise
884 becomes unusable. The department may is authorized to adopt
885 rules relating to the regulation of bench size and advertising
886 display size requirements. If a municipality or county within
887 which a bench is to be located has adopted an ordinance or other
888 applicable regulation that establishes bench size or advertising
889 display sign requirements different from requirements specified
890 in department rule, the local government requirement applies
891 shall be applicable within the respective municipality or
892 county. Placement of any bench or advertising display on the
893 National Highway System under a local ordinance or regulation
894 adopted under pursuant to this subsection is shall be subject to
895 approval of the Federal Highway Administration.
896 (5) A No bench, transit shelter, waste disposal receptacle,
897 public pay telephone, or modular news rack, or advertising
898 thereon, may not shall be erected or so placed on the right-of
899 way of any road in a manner that which conflicts with the
900 requirements of federal law, regulations, or safety standards,
901 thereby causing the state or any political subdivision the loss
902 of federal funds. Competition among persons seeking to provide
903 bench, transit shelter, waste disposal receptacle, public pay
904 telephone, or modular news rack services or advertising on such
905 benches, shelters, receptacles, public pay telephone, or news
906 racks may be regulated, restricted, or denied by the appropriate
907 local government entity consistent with the provisions of this
908 section.
909 (7) A public pay telephone, including advertising displayed
910 thereon, may be installed within the right-of-way limits of any
911 municipal, county, or state road, except on a limited access
912 highway, if the pay telephone is installed by a provider duly
913 authorized and regulated by the Public Service Commission under
914 s. 364.3375, if the pay telephone is operated in accordance with
915 all applicable state and federal telecommunications regulations,
916 and if written authorization has been given to a public pay
917 telephone provider by the appropriate municipal or county
918 government. Each advertisement must be limited to a size no
919 greater than 8 square feet and a public pay telephone booth may
920 not display more than three advertisements at any given time. An
921 advertisement is not allowed on public pay telephones located in
922 rest areas, welcome centers, or other such facilities located on
923 an interstate highway.
924 Section 15. Subsection (6) is added to section 338.01,
925 Florida Statutes, to read:
926 338.01 Authority to establish and regulate limited access
927 facilities.—
928 (6) All new limited access facilities and existing
929 transportation facilities on which new or replacement electronic
930 toll collection systems are installed shall be interoperable
931 with the department's electronic toll-collection system.
932 Section 16. Present subsections (7) and (8) of section
933 338.165, Florida Statutes, are renumbered as subsections (8) and
934 (9), respectively, and a new subsection (7) is added to that
935 section, to read:
936 338.165 Continuation of tolls.—
937 (7) This section does not apply to high-occupancy toll
938 lanes or express lanes.
939 Section 17. Section 338.166, Florida Statutes, is created
940 to read:
941 338.166 High-occupancy toll lanes or express lanes.—
942 (1) Under s. 11, Art. VII of the State Constitution, the
943 department may request the Division of Bond Finance to issue
944 bonds secured by toll revenues collected on high-occupancy toll
945 lanes or express lanes located on Interstate 95 in Miami-Dade
946 and Broward Counties.
947 (2) The department may continue to collect the toll on the
948 high-occupancy toll lanes or express lanes after the discharge
949 of any bond indebtedness related to such project. All tolls so
950 collected shall first be used to pay the annual cost of the
951 operation, maintenance, and improvement of the high-occupancy
952 toll lanes or express lanes project or associated transportation
953 system.
954 (3) Any remaining toll revenue from the high-occupancy toll
955 lanes or express lanes shall be used by the department for the
956 construction, maintenance, or improvement of any road on the
957 State Highway System.
958 (4) The department may implement variable-rate tolls on
959 high-occupancy toll lanes or express lanes.
960 (5) Except for high-occupancy toll lanes or express lanes,
961 tolls may not be charged for use of an interstate highway where
962 tolls were not charged as of July 1, 1997.
963 (6) This section does not apply to the turnpike system as
964 defined under the Florida Turnpike Enterprise Law.
965 Section 18. Paragraph (d) is added to subsection (1) of
966 section 338.2216, Florida Statutes, to read:
967 338.2216 Florida Turnpike Enterprise; powers and
968 authority.—
969 (1)
970 (d) The Florida Turnpike Enterprise shall pursue and
971 implement new technologies and processes in its operations and
972 collection of tolls and the collection of other amounts
973 associated with road and infrastructure usage. Such technologies
974 and processes must include, without limitation, video billing
975 and variable pricing.
976 Section 19. Paragraph (b) of subsection (1) of section
977 338.223, Florida Statutes, is amended to read:
978 338.223 Proposed turnpike projects.—
979 (1)
980 (b) Any proposed turnpike project or improvement must shall
981 be developed in accordance with the Florida Transportation Plan
982 and the work program under pursuant to s. 339.135. Turnpike
983 projects that add capacity, alter access, affect feeder roads,
984 or affect the operation of the local transportation system must
985 shall be included in the transportation improvement plan of the
986 affected metropolitan planning organization. If such turnpike
987 project does not fall within the jurisdiction of a metropolitan
988 planning organization, the department shall notify the affected
989 county and provide for public hearings in accordance with s.
990 339.155(5)(c) s. 339.155(6)(c).
991 Section 20. Section 338.231, Florida Statutes, is amended
992 to read:
993 338.231 Turnpike tolls, fixing; pledge of tolls and other
994 revenues.—The department shall at all times fix, adjust, charge,
995 and collect such tolls and amounts for the use of the turnpike
996 system as are required in order to provide a fund sufficient
997 with other revenues of the turnpike system to pay the cost of
998 maintaining, improving, repairing, and operating such turnpike
999 system; to pay the principal of and interest on all bonds issued
1000 to finance or refinance any portion of the turnpike system as
1001 the same become due and payable; and to create reserves for all
1002 such purposes.
1003 (1) In the process of effectuating toll rate increases over
1004 the period 1988 through 1992, the department shall, to the
1005 maximum extent feasible, equalize the toll structure, within
1006 each vehicle classification, so that the per mile toll rate will
1007 be approximately the same throughout the turnpike system. New
1008 turnpike projects may have toll rates higher than the uniform
1009 system rate where such higher toll rates are necessary to
1010 qualify the project in accordance with the financial criteria in
1011 the turnpike law. Such higher rates may be reduced to the
1012 uniform system rate when the project is generating sufficient
1013 revenues to pay the full amount of debt service and operating
1014 and maintenance costs at the uniform system rate. If, after 15
1015 years of opening to traffic, the annual revenue of a turnpike
1016 project does not meet or exceed the annual debt service
1017 requirements and operating and maintenance costs attributable to
1018 such project, the department shall, to the maximum extent
1019 feasible, establish a toll rate for the project which is higher
1020 than the uniform system rate as necessary to meet such annual
1021 debt service requirements and operating and maintenance costs.
1022 The department may, to the extent feasible, establish a
1023 temporary toll rate at less than the uniform system rate for the
1024 purpose of building patronage for the ultimate benefit of the
1025 turnpike system. In no case shall the temporary rate be
1026 established for more than 1 year. The requirements of this
1027 subsection shall not apply when the application of such
1028 requirements would violate any covenant established in a
1029 resolution or trust indenture relating to the issuance of
1030 turnpike bonds.
1031 (1)(2) Notwithstanding any other provision of law, the
1032 department may defer the scheduled July 1, 1993, toll rate
1033 increase on the Homestead Extension of the Florida Turnpike
1034 until July 1, 1995. The department may also advance funds to the
1035 Turnpike General Reserve Trust Fund to replace estimated lost
1036 revenues resulting from this deferral. The amount advanced must
1037 be repaid within 12 years from the date of advance; however, the
1038 repayment is subordinate to all other debt financing of the
1039 turnpike system outstanding at the time repayment is due.
1040 (2)(3) The department shall publish a proposed change in
1041 the toll rate for the use of an existing toll facility, in the
1042 manner provided for in s. 120.54, which will provide for public
1043 notice and the opportunity for a public hearing before the
1044 adoption of the proposed rate change. When the department is
1045 evaluating a proposed turnpike toll project under s. 338.223 and
1046 has determined that there is a high probability that the project
1047 will pass the test of economic feasibility predicated on
1048 proposed toll rates, the toll rate that is proposed to be
1049 charged after the project is constructed must be adopted during
1050 the planning and project development phase of the project, in
1051 the manner provided for in s. 120.54, including public notice
1052 and the opportunity for a public hearing. For such a new
1053 project, the toll rate becomes effective upon the opening of the
1054 project to traffic.
1055 (3)(a)(4) For the period July 1, 1998, through June 30,
1056 2017, the department shall, to the maximum extent feasible,
1057 program sufficient funds in the tentative work program such that
1058 the percentage of turnpike toll and bond financed commitments in
1059 Miami-Dade County, Broward County, and Palm Beach County as
1060 compared to total turnpike toll and bond financed commitments
1061 shall be at least 90 percent of the share of net toll
1062 collections attributable to users of the turnpike system in
1063 Miami-Dade County, Broward County, and Palm Beach County as
1064 compared to total net toll collections attributable to users of
1065 the turnpike system. The requirements of This subsection does do
1066 not apply when the application of such requirements would
1067 violate any covenant established in a resolution or trust
1068 indenture relating to the issuance of turnpike bonds. The
1069 department may at any time for economic considerations establish
1070 lower temporary toll rates for a new or existing toll facility
1071 for a period not to exceed 1 year, after which the toll rates
1072 adopted pursuant to s. 120.54 shall become effective.
1073 (b) The department shall also fix, adjust, charge, and
1074 collect such amounts needed to cover the costs of administering
1075 the different toll-collection and payment methods, and types of
1076 accounts being offered and used, in the manner provided for in
1077 s. 120.54 which will provide for public notice and the
1078 opportunity for a public hearing before adoption. Such amounts
1079 may stand alone, be incorporated in a toll rate structure, or be
1080 a combination of the two.
1081 (4)(5) When bonds are outstanding which have been issued to
1082 finance or refinance any turnpike project, the tolls and all
1083 other revenues derived from the turnpike system and pledged to
1084 such bonds shall be set aside as may be provided in the
1085 resolution authorizing the issuance of such bonds or the trust
1086 agreement securing the same. The tolls or other revenues or
1087 other moneys so pledged and thereafter received by the
1088 department are immediately subject to the lien of such pledge
1089 without any physical delivery thereof or further act. The lien
1090 of any such pledge is valid and binding as against all parties
1091 having claims of any kind in tort or contract or otherwise
1092 against the department irrespective of whether such parties have
1093 notice thereof. Neither the resolution nor any trust agreement
1094 by which a pledge is created need be filed or recorded except in
1095 the records of the department.
1096 (5)(6) In each fiscal year while any of the bonds of the
1097 Broward County Expressway Authority series 1984 and series 1986
1098 A remain outstanding, the department is authorized to pledge
1099 revenues from the turnpike system to the payment of principal
1100 and interest of such series of bonds and the operation and
1101 maintenance expenses of the Sawgrass Expressway, to the extent
1102 gross toll revenues of the Sawgrass Expressway are insufficient
1103 to make such payments. The terms of an agreement relative to the
1104 pledge of turnpike system revenue will be negotiated with the
1105 parties of the 1984 and 1986 Broward County Expressway Authority
1106 lease-purchase agreements, and subject to the covenants of those
1107 agreements. The agreement must shall establish that the Sawgrass
1108 Expressway is shall be subject to the planning, management, and
1109 operating control of the department limited only by the terms of
1110 the lease-purchase agreements. The department shall provide for
1111 the payment of operation and maintenance expenses of the
1112 Sawgrass Expressway until such agreement is in effect. This
1113 pledge of turnpike system revenues is shall be subordinate to
1114 the debt service requirements of any future issue of turnpike
1115 bonds, the payment of turnpike system operation and maintenance
1116 expenses, and subject to provisions of any subsequent resolution
1117 or trust indenture relating to the issuance of such turnpike
1118 bonds.
1119 (6)(7) The use and disposition of revenues pledged to bonds
1120 are subject to the provisions of ss. 338.22-338.241 and such
1121 regulations as the resolution authorizing the issuance of the
1122 such bonds or such trust agreement may provide.
1123 Section 21. Subsection (4) of section 339.12, Florida
1124 Statutes, is amended to read:
1125 339.12 Aid and contributions by governmental entities for
1126 department projects; federal aid.—
1127 (4)(a) Before Prior to accepting the contribution of road
1128 bond proceeds, time warrants, or cash for which reimbursement is
1129 sought, the department shall enter into agreements with the
1130 governing body of the governmental entity for the project or
1131 project phases in accordance with specifications agreed upon
1132 between the department and the governing body of the
1133 governmental entity. The department may not in no instance is to
1134 receive from such governmental entity an amount in excess of the
1135 actual cost of the project or project phase. By specific
1136 provision in the written agreement between the department and
1137 the governing body of the governmental entity, the department
1138 may agree to reimburse the governmental entity for the actual
1139 amount of the bond proceeds, time warrants, or cash used on a
1140 highway project or project phases that are not revenue producing
1141 and are contained in the department's adopted work program, or
1142 any public transportation project contained in the adopted work
1143 program. Subject to appropriation of funds by the Legislature,
1144 the department may commit state funds for reimbursement of such
1145 projects or project phases. Reimbursement to the governmental
1146 entity for such a project or project phase must be made from
1147 funds appropriated by the Legislature, and reimbursement for the
1148 cost of the project or project phase is to begin in the year the
1149 project or project phase is scheduled in the work program as of
1150 the date of the agreement. Funds advanced under pursuant to this
1151 section, which were originally designated for transportation
1152 purposes and so reimbursed to a county or municipality, shall be
1153 used by the county or municipality for any transportation
1154 expenditure authorized under s. 336.025(7). Also, cities and
1155 counties may receive funds from persons, and reimburse those
1156 persons, for the purposes of this section. Such persons may
1157 include, but are not limited to, those persons defined in s.
1158 607.01401(19).
1159 (b) Before Prior to entering an agreement to advance a
1160 project or project phase under pursuant to this subsection and
1161 subsection (5), the department shall first update the estimated
1162 cost of the project or project phase and certify that the
1163 estimate is accurate and consistent with the amount estimated in
1164 the adopted work program. If the original estimate and the
1165 updated estimate vary, the department shall amend the adopted
1166 work program according to the amendatory procedures for the work
1167 program set forth in s. 339.135(7). The amendment shall reflect
1168 all corresponding increases and decreases to the affected
1169 projects within the adopted work program.
1170 (c) The department may enter into agreements under this
1171 subsection for a project or project phase not included in the
1172 adopted work program. As used in this paragraph, the term
1173 “project phase” means acquisition of rights-of-way,
1174 construction, construction inspection, and related support
1175 phases. The project or project phase must be a high priority of
1176 the governmental entity. Reimbursement for a project or project
1177 phase must be made from funds appropriated by the Legislature
1178 pursuant to s. 339.135(5). All other provisions of this
1179 subsection apply to agreements entered into under this
1180 paragraph. The total amount of project agreements for projects
1181 or project phases not included in the adopted work program
1182 authorized by this paragraph may not at any time exceed $250
1183 $100 million. However, notwithstanding the $250 such $100
1184 million limit and any similar limit in s. 334.30, project
1185 advances for any inland county that has with a population
1186 greater than 500,000 dedicating amounts equal to $500 million or
1187 more of its Local Government Infrastructure Surtax pursuant to
1188 s. 212.055(2) for improvements to the State Highway System which
1189 are included in the local metropolitan planning organization's
1190 or the department's long-range transportation plans shall be
1191 excluded from the calculation of the statewide limit of project
1192 advances.
1193 (d) The department may enter into agreements under this
1194 subsection with any county that has a population of 150,000 or
1195 fewer as determined by the most recent official estimate under
1196 s. 186.901 for a project or project phase not included in the
1197 adopted work program. As used in this paragraph, the term
1198 “project phase” means acquisition of rights-of-way,
1199 construction, construction inspection, and related support
1200 phases. The project or project phase must be a high priority of
1201 the governmental entity. Reimbursement for a project or project
1202 phase must be made from funds appropriated by the Legislature
1203 under s. 339.135(5). All other provisions of this subsection
1204 apply to agreements entered into under this paragraph. The total
1205 amount of project agreements for projects or project phases not
1206 included in the adopted work program authorized by this
1207 paragraph may not at any time exceed $200 million. The project
1208 must be included in the local government's adopted comprehensive
1209 plan. The department may enter into long-term repayment
1210 agreements of up to 30 years.
1211 Section 22. Paragraph (d) of subsection (7) of section
1212 339.135, Florida Statutes, is amended to read:
1213 339.135 Work program; legislative budget request;
1214 definitions; preparation, adoption, execution, and amendment.—
1215 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1216 (d)1. Whenever the department proposes any amendment to the
1217 adopted work program, as defined in subparagraph (c)1. or
1218 subparagraph (c)3., which deletes or defers a construction phase
1219 on a capacity project, it shall notify each county affected by
1220 the amendment and each municipality within the county. The
1221 notification shall be issued in writing to the chief elected
1222 official of each affected county, each municipality within the
1223 county, and the chair of each affected metropolitan planning
1224 organization. Each affected county and each municipality in the
1225 county is encouraged to coordinate with each other in order to
1226 determine how the amendment affects local concurrency management
1227 and regional transportation planning efforts. Each affected
1228 county, and each municipality within the county, shall have 14
1229 days to provide written comments to the department regarding how
1230 the amendment will affect its respective concurrency management
1231 systems, including whether any development permits were issued
1232 contingent upon the capacity improvement, if applicable. After
1233 receipt of written comments from the affected local governments,
1234 the department shall include any written comments submitted by
1235 such local governments in its preparation of the proposed
1236 amendment.
1237 2. Following the 14-day comment period in subparagraph 1.,
1238 if applicable, whenever the department proposes any amendment to
1239 the adopted work program, which amendment is defined in
1240 subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1241 subparagraph (c)4., it shall submit the proposed amendment to
1242 the Governor for approval and shall immediately notify the
1243 chairs of the legislative appropriations committees, the chairs
1244 of the legislative transportation committees, and each member of
1245 the Legislature who represents a district affected by the
1246 proposed amendment. It shall also notify, each metropolitan
1247 planning organization affected by the proposed amendment, and
1248 each unit of local government affected by the proposed
1249 amendment, unless it provided to each the notification required
1250 by subparagraph 1. Such proposed amendment shall provide a
1251 complete justification of the need for the proposed amendment.
1252 3.2. The Governor may shall not approve a proposed
1253 amendment until 14 days following the notification required in
1254 subparagraph 2. 1.
1255 4.3. If either of the chairs of the legislative
1256 appropriations committees or the President of the Senate or the
1257 Speaker of the House of Representatives objects in writing to a
1258 proposed amendment within 14 days following notification and
1259 specifies the reasons for such objection, the Governor shall
1260 disapprove the proposed amendment.
1261 Section 23. Section 339.155, Florida Statutes, is amended
1262 to read:
1263 339.155 Transportation planning.—
1264 (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
1265 develop and annually update a statewide transportation plan, to
1266 be known as the Florida Transportation Plan. The plan shall be
1267 designed so as to be easily read and understood by the general
1268 public. The purpose of the Florida Transportation Plan is to
1269 establish and define the state's long-range transportation goals
1270 and objectives to be accomplished over a period of at least 20
1271 years within the context of the State Comprehensive Plan, and
1272 any other statutory mandates and authorizations and based upon
1273 the prevailing principles of: preserving the existing
1274 transportation infrastructure; enhancing Florida's economic
1275 competitiveness; and improving travel choices to ensure
1276 mobility. The Florida Transportation Plan shall consider the
1277 needs of the entire state transportation system and examine the
1278 use of all modes of transportation to effectively and
1279 efficiently meet such needs.
1280 (2) SCOPE OF PLANNING PROCESS.—The department shall carry
1281 out a transportation planning process in conformance with s.
1282 334.046(1). which provides for consideration of projects and
1283 strategies that will:
1284 (a) Support the economic vitality of the United States,
1285 Florida, and the metropolitan areas, especially by enabling
1286 global competitiveness, productivity, and efficiency;
1287 (b) Increase the safety and security of the transportation
1288 system for motorized and nonmotorized users;
1289 (c) Increase the accessibility and mobility options
1290 available to people and for freight;
1291 (d) Protect and enhance the environment, promote energy
1292 conservation, and improve quality of life;
1293 (e) Enhance the integration and connectivity of the
1294 transportation system, across and between modes throughout
1295 Florida, for people and freight;
1296 (f) Promote efficient system management and operation; and
1297 (g) Emphasize the preservation of the existing
1298 transportation system.
1299 (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
1300 Transportation Plan shall be a unified, concise planning
1301 document that clearly defines the state's long-range
1302 transportation goals and objectives and documents the
1303 department's short-range objectives developed to further such
1304 goals and objectives. The plan must: shall
1305 (a) Include a glossary that clearly and succinctly defines
1306 any and all phrases, words, or terms of art included in the
1307 plan, with which the general public may be unfamiliar. and shall
1308 consist of, at a minimum, the following components:
1309 (b)(a) Document A long-range component documenting the
1310 goals and long-term objectives necessary to implement the
1311 results of the department's findings from its examination of the
1312 prevailing principles and criteria provided under listed in
1313 subsection (2) and s. 334.046(1). The long-range component must
1314 (c) Be developed in cooperation with the metropolitan
1315 planning organizations and reconciled, to the maximum extent
1316 feasible, with the long-range plans developed by metropolitan
1317 planning organizations pursuant to s. 339.175. The plan must
1318 also
1319 (d) Be developed in consultation with affected local
1320 officials in nonmetropolitan areas and with any affected Indian
1321 tribal governments. The plan must
1322 (e) Provide an examination of transportation issues likely
1323 to arise during at least a 20-year period. The long-range
1324 component shall
1325 (f) Be updated at least once every 5 years, or more often
1326 as necessary, to reflect substantive changes to federal or state
1327 law.
1328 (b) A short-range component documenting the short-term
1329 objectives and strategies necessary to implement the goals and
1330 long-term objectives contained in the long-range component. The
1331 short-range component must define the relationship between the
1332 long-range goals and the short-range objectives, specify those
1333 objectives against which the department's achievement of such
1334 goals will be measured, and identify transportation strategies
1335 necessary to efficiently achieve the goals and objectives in the
1336 plan. It must provide a policy framework within which the
1337 department's legislative budget request, the strategic
1338 information resource management plan, and the work program are
1339 developed. The short-range component shall serve as the
1340 department's annual agency strategic plan pursuant to s.
1341 186.021. The short-range component shall be developed consistent
1342 with available and forecasted state and federal funds. The
1343 short-range component shall also be submitted to the Florida
1344 Transportation Commission.
1345 (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
1346 an annual performance report evaluating the operation of the
1347 department for the preceding fiscal year. The report shall also
1348 include a summary of the financial operations of the department
1349 and shall annually evaluate how well the adopted work program
1350 meets the short-term objectives contained in the short-range
1351 component of the Florida Transportation Plan. This performance
1352 report shall be submitted to the Florida Transportation
1353 Commission and the legislative appropriations and transportation
1354 committees.
1355 (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
1356 (a) Upon request by local governmental entities, the
1357 department may in its discretion develop and design
1358 transportation corridors, arterial and collector streets,
1359 vehicular parking areas, and other support facilities which are
1360 consistent with the plans of the department for major
1361 transportation facilities. The department may render to local
1362 governmental entities or their planning agencies such technical
1363 assistance and services as are necessary so that local plans and
1364 facilities are coordinated with the plans and facilities of the
1365 department.
1366 (b) Each regional planning council, as provided for in s.
1367 186.504, or any successor agency thereto, shall develop, as an
1368 element of its strategic regional policy plan, transportation
1369 goals and policies. The transportation goals and policies must
1370 be prioritized to comply with the prevailing principles provided
1371 in subsection (2) and s. 334.046(1). The transportation goals
1372 and policies shall be consistent, to the maximum extent
1373 feasible, with the goals and policies of the metropolitan
1374 planning organization and the Florida Transportation Plan. The
1375 transportation goals and policies of the regional planning
1376 council will be advisory only and shall be submitted to the
1377 department and any affected metropolitan planning organization
1378 for their consideration and comments. Metropolitan planning
1379 organization plans and other local transportation plans shall be
1380 developed consistent, to the maximum extent feasible, with the
1381 regional transportation goals and policies. The regional
1382 planning council shall review urbanized area transportation
1383 plans and any other planning products stipulated in s. 339.175
1384 and provide the department and respective metropolitan planning
1385 organizations with written recommendations which the department
1386 and the metropolitan planning organizations shall take under
1387 advisement. Further, the regional planning councils shall
1388 directly assist local governments which are not part of a
1389 metropolitan area transportation planning process in the
1390 development of the transportation element of their comprehensive
1391 plans as required by s. 163.3177.
1392 (c) Regional transportation plans may be developed in
1393 regional transportation areas in accordance with an interlocal
1394 agreement entered into pursuant to s. 163.01 by two or more
1395 contiguous metropolitan planning organizations; one or more
1396 metropolitan planning organizations and one or more contiguous
1397 counties, none of which is a member of a metropolitan planning
1398 organization; a multicounty regional transportation authority
1399 created by or pursuant to law; two or more contiguous counties
1400 that are not members of a metropolitan planning organization; or
1401 metropolitan planning organizations comprised of three or more
1402 counties.
1403 (d) The interlocal agreement must, at a minimum, identify
1404 the entity that will coordinate the development of the regional
1405 transportation plan; delineate the boundaries of the regional
1406 transportation area; provide the duration of the agreement and
1407 specify how the agreement may be terminated, modified, or
1408 rescinded; describe the process by which the regional
1409 transportation plan will be developed; and provide how members
1410 of the entity will resolve disagreements regarding
1411 interpretation of the interlocal agreement or disputes relating
1412 to the development or content of the regional transportation
1413 plan. Such interlocal agreement shall become effective upon its
1414 recordation in the official public records of each county in the
1415 regional transportation area.
1416 (e) The regional transportation plan developed pursuant to
1417 this section must, at a minimum, identify regionally significant
1418 transportation facilities located within a regional
1419 transportation area and contain a prioritized list of regionally
1420 significant projects. The level-of-service standards for
1421 facilities to be funded under this subsection shall be adopted
1422 by the appropriate local government in accordance with s.
1423 163.3180(10). The projects shall be adopted into the capital
1424 improvements schedule of the local government comprehensive plan
1425 pursuant to s. 163.3177(3).
1426 (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
1427 TRANSPORTATION PLANNING.—
1428 (a) During the development of the long-range component of
1429 the Florida Transportation Plan and prior to substantive
1430 revisions, the department shall provide citizens, affected
1431 public agencies, representatives of transportation agency
1432 employees, other affected employee representatives, private
1433 providers of transportation, and other known interested parties
1434 with an opportunity to comment on the proposed plan or
1435 revisions. These opportunities shall include, at a minimum,
1436 publishing a notice in the Florida Administrative Weekly and
1437 within a newspaper of general circulation within the area of
1438 each department district office.
1439 (b) During development of major transportation
1440 improvements, such as those increasing the capacity of a
1441 facility through the addition of new lanes or providing new
1442 access to a limited or controlled access facility or
1443 construction of a facility in a new location, the department
1444 shall hold one or more hearings prior to the selection of the
1445 facility to be provided; prior to the selection of the site or
1446 corridor of the proposed facility; and prior to the selection of
1447 and commitment to a specific design proposal for the proposed
1448 facility. Such public hearings shall be conducted so as to
1449 provide an opportunity for effective participation by interested
1450 persons in the process of transportation planning and site and
1451 route selection and in the specific location and design of
1452 transportation facilities. The various factors involved in the
1453 decision or decisions and any alternative proposals shall be
1454 clearly presented so that the persons attending the hearing may
1455 present their views relating to the decision or decisions which
1456 will be made.
1457 (c) Opportunity for design hearings:
1458 1. The department, prior to holding a design hearing, shall
1459 duly notify all affected property owners of record, as recorded
1460 in the property appraiser's office, by mail at least 20 days
1461 prior to the date set for the hearing. The affected property
1462 owners shall be:
1463 a. Those whose property lies in whole or in part within 300
1464 feet on either side of the centerline of the proposed facility.
1465 b. Those whom the department determines will be
1466 substantially affected environmentally, economically, socially,
1467 or safetywise.
1468 2. For each subsequent hearing, the department shall
1469 publish notice prior to the hearing date in a newspaper of
1470 general circulation for the area affected. These notices must be
1471 published twice, with the first notice appearing at least 15
1472 days, but no later than 30 days, before the hearing.
1473 3. A copy of the notice of opportunity for the hearing must
1474 be furnished to the United States Department of Transportation
1475 and to the appropriate departments of the state government at
1476 the time of publication.
1477 4. The opportunity for another hearing shall be afforded in
1478 any case when proposed locations or designs are so changed from
1479 those presented in the notices specified above or at a hearing
1480 as to have a substantially different social, economic, or
1481 environmental effect.
1482 5. The opportunity for a hearing shall be afforded in each
1483 case in which the department is in doubt as to whether a hearing
1484 is required.
1485 Section 24. Subsection (3) and paragraphs (b) and (c) of
1486 subsection (4) of section 339.2816, Florida Statutes, are
1487 amended to read:
1488 339.2816 Small County Road Assistance Program.—
1489 (3) Beginning with fiscal year 1999-2000 until fiscal year
1490 2009-2010, and beginning again with fiscal year 2012-2013, up to
1491 $25 million annually from the State Transportation Trust Fund
1492 may be used for the purposes of funding the Small County Road
1493 Assistance Program as described in this section.
1494 (4)
1495 (b) In determining a county's eligibility for assistance
1496 under this program, the department may consider whether the
1497 county has attempted to keep county roads in satisfactory
1498 condition, including the amount of local option fuel tax and ad
1499 valorem millage rate imposed by the county. The department may
1500 also consider the extent to which the county has offered to
1501 provide a match of local funds with state funds provided under
1502 the program. At a minimum, small counties shall be eligible only
1503 if:
1504 1. the county has enacted the maximum rate of the local
1505 option fuel tax authorized by s. 336.025(1)(a), and has imposed
1506 an ad valorem millage rate of at least 8 mills; or
1507 2. The county has imposed an ad valorem millage rate of 10
1508 mills.
1509 (c) The following criteria must shall be used to prioritize
1510 road projects for funding under the program:
1511 1. The primary criterion is the physical condition of the
1512 road as measured by the department.
1513 2. As secondary criteria the department may consider:
1514 a. Whether a road is used as an evacuation route.
1515 b. Whether a road has high levels of agricultural travel.
1516 c. Whether a road is considered a major arterial route.
1517 d. Whether a road is considered a feeder road.
1518 e. Whether a road is located in a fiscally constrained
1519 county, as defined in s. 218.67(1).
1520 f.e. Other criteria related to the impact of a project on
1521 the public road system or on the state or local economy as
1522 determined by the department.
1523 Section 25. Subsections (1) and (3) of section 339.2819,
1524 Florida Statutes, are amended to read:
1525 339.2819 Transportation Regional Incentive Program.—
1526 (1) There is created within the Department of
1527 Transportation a Transportation Regional Incentive Program for
1528 the purpose of providing funds to improve regionally significant
1529 transportation facilities in regional transportation areas
1530 created pursuant to s. 339.155(4) s. 339.155(5).
1531 (3) The department shall allocate funding available for the
1532 Transportation Regional Incentive Program to the districts based
1533 on a factor derived from equal parts of population and motor
1534 fuel collections for eligible counties in regional
1535 transportation areas created pursuant to s. 339.155(4) s.
1536 339.155(5).
1537 Section 26. Subsection (6) of section 339.285, Florida
1538 Statutes, is amended to read:
1539 339.285 Enhanced Bridge Program for Sustainable
1540 Transportation.—
1541 (6) Preference shall be given to bridge projects located on
1542 corridors that connect to the Strategic Intermodal System,
1543 created under s. 339.64, and that have been identified as
1544 regionally significant in accordance with s. 339.155(4)(c), (d),
1545 and (e) s. 339.155(5)(c), (d), and (e).
1546 Section 27. Part III of chapter 343, Florida Statutes,
1547 consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
1548 343.76, and 343.77, is repealed.
1549 Section 28. Subsection (4) of section 348.0003, Florida
1550 Statutes, is amended to read:
1551 348.0003 Expressway authority; formation; membership.—
1552 (4)(a) An authority may employ an executive secretary, an
1553 executive director, its own counsel and legal staff, technical
1554 experts, and such engineers and employees, permanent or
1555 temporary, as it may require and shall determine the
1556 qualifications and fix the compensation of such persons, firms,
1557 or corporations. An authority may employ a fiscal agent or
1558 agents; however, the authority must solicit sealed proposals
1559 from at least three persons, firms, or corporations for the
1560 performance of any services as fiscal agents. An authority may
1561 delegate to one or more of its agents or employees such of its
1562 power as it deems necessary to carry out the purposes of the
1563 Florida Expressway Authority Act, subject always to the
1564 supervision and control of the authority. Members of an
1565 authority may be removed from office by the Governor for
1566 misconduct, malfeasance, misfeasance, or nonfeasance in office.
1567 (b) Members of an authority are entitled to receive from
1568 the authority their travel and other necessary expenses incurred
1569 in connection with the business of the authority as provided in
1570 s. 112.061, but they may not draw salaries or other
1571 compensation.
1572 (c) Members of each expressway an authority, transportation
1573 authority, bridge authority, or toll authority created pursuant
1574 to this chapter, chapter 343, or chapter 349, or pursuant to any
1575 other legislative enactment, shall be required to comply with
1576 the applicable financial disclosure requirements of s. 8, Art.
1577 II of the State Constitution. This paragraph does not subject a
1578 statutorily created expressway authority, transportation
1579 authority, bridge authority, or toll authority, other than one
1580 created under this part, to any of the requirements of this part
1581 other than those contained in this paragraph.
1582 Section 29. Paragraph (c) is added to subsection (1) of
1583 section 348.0004, Florida Statutes, to read:
1584 348.0004 Purposes and powers.—
1585 (1)
1586 (c) Notwithstanding any other law, expressway authorities
1587 created under parts I-X of chapter 348 may index toll rates on
1588 toll facilities to the annual Consumer Price Index or similar
1589 inflation indicators. Once a toll rate index has been
1590 implemented pursuant to this paragraph, the toll rate index
1591 shall remain in place and may not be revoked. Toll rate index
1592 for inflation under this subsection must be adopted and approved
1593 by the expressway authority board at a public meeting and may be
1594 made no more frequently than once a year and must be made no
1595 less frequently than once every 5 years as necessary to
1596 accommodate cash toll rate schedules. Toll rates may be
1597 increased beyond these limits as directed by bond documents,
1598 covenants, or governing body authorization or pursuant to
1599 department administrative rule.
1600 Section 30. Subsection (1) of section 479.01, Florida
1601 Statutes, is amended to read:
1602 479.01 Definitions.—As used in this chapter, the term:
1603 (1) “Automatic changeable facing” means a facing that which
1604 through a mechanical system is capable of delivering two or more
1605 advertising messages through an automated or remotely controlled
1606 process and shall not rotate so rapidly as to cause distraction
1607 to a motorist.
1608 Section 31. Subsections (1), (5), and (9) of section
1609 479.07, Florida Statutes, are amended to read:
1610 479.07 Sign permits.—
1611 (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
1612 person may not erect, operate, use, or maintain, or cause to be
1613 erected, operated, used, or maintained, any sign on the State
1614 Highway System outside an urban incorporated area, as defined in
1615 s. 334.03(32), or on any portion of the interstate or federal
1616 aid primary highway system without first obtaining a permit for
1617 the sign from the department and paying the annual fee as
1618 provided in this section. As used in For purposes of this
1619 section, the term “on any portion of the State Highway System,
1620 interstate, or federal-aid primary system” means shall mean a
1621 sign located within the controlled area which is visible from
1622 any portion of the main-traveled way of such system.
1623 (5)(a) For each permit issued, the department shall furnish
1624 to the applicant a serially numbered permanent metal permit tag.
1625 The permittee is responsible for maintaining a valid permit tag
1626 on each permitted sign facing at all times. The tag shall be
1627 securely attached to the sign facing or, if there is no facing,
1628 on the pole nearest the highway; and it shall be attached in
1629 such a manner as to be plainly visible from the main-traveled
1630 way. Effective July 1, 2011, the tag must be securely attached
1631 to the upper 50 percent of the pole nearest the highway and must
1632 be attached in such a manner as to be plainly visible from the
1633 main-traveled way. The permit becomes will become void unless
1634 the permit tag is properly and permanently displayed at the
1635 permitted site within 30 days after the date of permit issuance.
1636 If the permittee fails to erect a completed sign on the
1637 permitted site within 270 days after the date on which the
1638 permit was issued, the permit will be void, and the department
1639 may not issue a new permit to that permittee for the same
1640 location for 270 days after the date on which the permit became
1641 void.
1642 (b) If a permit tag is lost, stolen, or destroyed, the
1643 permittee to whom the tag was issued must apply to the
1644 department for a replacement tag. The department shall adopt a
1645 rule establishing a service fee for replacement tags in an
1646 amount that will recover the actual cost of providing the
1647 replacement tag. Upon receipt of the application accompanied by
1648 the a service fee of $3, the department shall issue a
1649 replacement permit tag. Alternatively, the permittee may provide
1650 its own replacement tag pursuant to department specifications
1651 that the department shall adopt by rule at the time it
1652 establishes the service fee for replacement tags.
1653 (9)(a) A permit shall not be granted for any sign for which
1654 a permit had not been granted by the effective date of this act
1655 unless such sign is located at least:
1656 1. One thousand five hundred feet from any other permitted
1657 sign on the same side of the highway, if on an interstate
1658 highway.
1659 2. One thousand feet from any other permitted sign on the
1660 same side of the highway, if on a federal-aid primary highway.
1661 The minimum spacing provided in this paragraph does not preclude
1662 the permitting of V-type, back-to-back, side-to-side, stacked,
1663 or double-faced signs at the permitted sign site. If a sign is
1664 visible from the controlled area of more than one highway
1665 subject to the jurisdiction of the department, the sign shall
1666 meet the permitting requirements of, and, if the sign meets the
1667 applicable permitting requirements, be permitted to, the highway
1668 having the more stringent permitting requirements.
1669 (b) A permit shall not be granted for a sign pursuant to
1670 this chapter to locate such sign on any portion of the
1671 interstate or federal-aid primary highway system, which sign:
1672 1. Exceeds 50 feet in sign structure height above the crown
1673 of the main-traveled way, if outside an incorporated area;
1674 2. Exceeds 65 feet in sign structure height above the crown
1675 of the main-traveled way, if inside an incorporated area; or
1676 3. Exceeds 950 square feet of sign facing including all
1677 embellishments.
1678 (c) Notwithstanding subparagraph (a)1., there is
1679 established a pilot program in Orange, Hillsborough, and Osceola
1680 Counties, and within the boundaries of the City of Miami, under
1681 which the distance between permitted signs on the same side of
1682 an interstate highway may be reduced to 1,000 feet if all other
1683 requirements of this chapter are met and if:
1684 1. The local government has adopted a plan, program,
1685 resolution, ordinance, or other policy encouraging the voluntary
1686 removal of signs in a downtown, historic, redevelopment, infill,
1687 or other designated area which also provides for a new or
1688 replacement sign to be erected on an interstate highway within
1689 that jurisdiction if a sign in the designated area is removed;
1690 2. The sign owner and the local government mutually agree
1691 to the terms of the removal and replacement; and
1692 3. The local government notifies the department of its
1693 intention to allow such removal and replacement as agreed upon
1694 pursuant to subparagraph 2.
1695 The department shall maintain statistics tracking the use of the
1696 provisions of this pilot program based on the notifications
1697 received by the department from local governments under this
1698 paragraph.
1699 (d) Nothing in This subsection does not shall be construed
1700 so as to cause a sign that which was conforming on October 1,
1701 1984, to become nonconforming.
1702 Section 32. Section 479.08, Florida Statutes, is amended to
1703 read:
1704 479.08 Denial or revocation of permit.—The department may
1705 has the authority to deny or revoke any permit requested or
1706 granted under this chapter in any case in which it determines
1707 that the application for the permit contains knowingly false or
1708 misleading information. The department may revoke any permit
1709 granted under this chapter in any case in which or that the
1710 permittee has violated any of the provisions of this chapter,
1711 unless such permittee, within 30 days after the receipt of
1712 notice by the department, corrects such false or misleading
1713 information and complies with the provisions of this chapter.
1714 For the purpose of this section, the notice of violation issued
1715 by the department must describe in detail the alleged violation.
1716 Any person aggrieved by any action of the department in denying
1717 or revoking a permit under this chapter may, within 30 days
1718 after receipt of the notice, apply to the department for an
1719 administrative hearing pursuant to chapter 120. If a timely
1720 request for hearing has been filed and the department issues a
1721 final order revoking a permit, such revocation shall be
1722 effective 30 days after the date of rendition. Except for
1723 department action pursuant to s. 479.107(1), the filing of a
1724 timely and proper notice of appeal shall operate to stay the
1725 revocation until the department's action is upheld.
1726 Section 33. Section 479.156, Florida Statutes, is amended
1727 to read:
1728 479.156 Wall murals.—Notwithstanding any other provision of
1729 this chapter, a municipality or county may permit and regulate
1730 wall murals within areas designated by such government. If a
1731 municipality or county permits wall murals, a wall mural that
1732 displays a commercial message and is within 660 feet of the
1733 nearest edge of the right-of-way within an area adjacent to the
1734 interstate highway system or the federal-aid primary highway
1735 system shall be located in an area that is zoned for industrial
1736 or commercial use and the municipality or county shall establish
1737 and enforce regulations for such areas that, at a minimum, set
1738 forth criteria governing the size, lighting, and spacing of wall
1739 murals consistent with the intent of the Highway Beautification
1740 Act of 1965 and with customary use. Whenever a municipality or
1741 county exercises such control and makes a determination of
1742 customary use pursuant to 23 U.S.C. s. 131(d), such
1743 determination shall be accepted in lieu of controls in the
1744 agreement between the state and the United States Department of
1745 Transportation, and the Department of Transportation shall
1746 notify the Federal Highway Administration pursuant to the
1747 agreement, 23 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A
1748 wall mural that is subject to municipal or county regulation and
1749 the Highway Beautification Act of 1965 must be approved by the
1750 Department of Transportation and the Federal Highway
1751 Administration when required by federal law and federal
1752 regulation under and may not violate the agreement between the
1753 state and the United States Department of Transportation and or
1754 violate federal regulations enforced by the Department of
1755 Transportation under s. 479.02(1). The existence of a wall mural
1756 as defined in s. 479.01(27) shall not be considered in
1757 determining whether a sign as defined in s. 479.01(17), either
1758 existing or new, is in compliance with s. 479.07(9)(a).
1759 Section 34. Subsections (1), (3), (4), and (5) of section
1760 479.261, Florida Statutes, are amended to read:
1761 479.261 Logo sign program.—
1762 (1) The department shall establish a logo sign program for
1763 the rights-of-way of the interstate highway system to provide
1764 information to motorists about available gas, food, lodging, and
1765 camping, attractions, and other services, as approved by the
1766 Federal Highway Administration, at interchanges, through the use
1767 of business logos, and may include additional interchanges under
1768 the program. A logo sign for nearby attractions may be added to
1769 this program if allowed by federal rules.
1770 (a) An attraction as used in this chapter is defined as an
1771 establishment, site, facility, or landmark that which is open a
1772 minimum of 5 days a week for 52 weeks a year; that which charges
1773 an admission for entry; which has as its principal focus family
1774 oriented entertainment, cultural, educational, recreational,
1775 scientific, or historical activities; and that which is publicly
1776 recognized as a bona fide tourist attraction. However, the
1777 permits for businesses seeking to participate in the attractions
1778 logo sign program shall be awarded by the department annually to
1779 the highest bidders, notwithstanding the limitation on fees in
1780 subsection (5), which are qualified for available space at each
1781 qualified location, but the fees therefor may not be less than
1782 the fees established for logo participants in other logo
1783 categories.
1784 (b) The department shall incorporate the use of RV-friendly
1785 markers on specific information logo signs for establishments
1786 that cater to the needs of persons driving recreational
1787 vehicles. Establishments that qualify for participation in the
1788 specific information logo program and that also qualify as “RV
1789 friendly” may request the RV-friendly marker on their specific
1790 information logo sign. An RV-friendly marker must consist of a
1791 design approved by the Federal Highway Administration. The
1792 department shall adopt rules in accordance with chapter 120 to
1793 administer this paragraph, including rules setting forth the
1794 minimum requirements that establishments must meet in order to
1795 qualify as RV-friendly. These requirements shall include large
1796 parking spaces, entrances, and exits that can easily accommodate
1797 recreational vehicles and facilities having appropriate overhead
1798 clearances, if applicable.
1799 (c) The department may implement a 3-year rotation-based
1800 logo program providing for the removal and addition of
1801 participating businesses in the program.
1802 (3) Logo signs may be installed upon the issuance of an
1803 annual permit by the department or its agent and payment of a an
1804 application and permit fee to the department or its agent.
1805 (4) The department may contract pursuant to s. 287.057 for
1806 the provision of services related to the logo sign program,
1807 including recruitment and qualification of businesses, review of
1808 applications, permit issuance, and fabrication, installation,
1809 and maintenance of logo signs. The department may reject all
1810 proposals and seek another request for proposals or otherwise
1811 perform the work. If the department contracts for the provision
1812 of services for the logo sign program, the contract must
1813 require, unless the business owner declines, that businesses
1814 that previously entered into agreements with the department to
1815 privately fund logo sign construction and installation be
1816 reimbursed by the contractor for the cost of the signs which has
1817 not been recovered through a previously agreed upon waiver of
1818 fees. The contract also may allow the contractor to retain a
1819 portion of the annual fees as compensation for its services.
1820 (5) Permit fees for businesses that participate in the
1821 program must be established in an amount sufficient to offset
1822 the total cost to the department for the program, including
1823 contract costs. The department shall provide the services in the
1824 most efficient and cost-effective manner through department
1825 staff or by contracting for some or all of the services. The
1826 department shall adopt rules that set reasonable rates based
1827 upon factors such as population, traffic volume, market demand,
1828 and costs for annual permit fees. However, annual permit fees
1829 for sign locations inside an urban area, as defined in s.
1830 334.03(32), may not exceed $5,000, and annual permit fees for
1831 sign locations outside an urban area, as defined in s.
1832 334.03(32), may not exceed $2,500. After recovering program
1833 costs, the proceeds from the logo program shall be deposited
1834 into the State Transportation Trust Fund and used for
1835 transportation purposes. Such annual permit fee shall not exceed
1836 $1,250.
1837 Section 35. Business partnerships; display of names.—
1838 (1) School districts are encouraged to enter into
1839 partnerships with local businesses for the purposes of
1840 mentorship opportunities, development of employment options and
1841 additional funding sources, and other mutual benefits.
1842 (2) As a pilot program through June 30, 2011, the Palm
1843 Beach County School District may publicly display the names and
1844 recognitions of their business partners on school district
1845 property in unincorporated areas. Examples of appropriate
1846 business partner recognition include “Project Graduation” and
1847 athletic sponsorships. The district shall make every effort to
1848 display business partner names in a manner that is consistent
1849 with the county standards for uniformity in size, color, and
1850 placement of the signs. Whenever the provisions of this section
1851 are inconsistent with the provisions of the county ordinances or
1852 regulations relating to signs or the provisions of chapter 125,
1853 chapter 166, or chapter 479, Florida Statutes, in the
1854 unincorporated areas, the provisions of this section shall
1855 prevail.
1856 Section 36. Notwithstanding any provision of chapter 74
1857 400, Laws of Florida, public funds may be used for the
1858 alteration of Old Cutler Road, between Southwest 136th Street
1859 and Southwest 184th Street, in the Village of Palmetto Bay.
1860 (1) The alteration may include the installation of
1861 sidewalks, curbing, and landscaping to enhance pedestrian access
1862 to the road.
1863 (2) The official approval of the project by the Department
1864 of State must be obtained before any alteration is started.
1865 Section 37. Section 120.52, Florida Statutes, is amended to
1866 read:
1867 120.52 Definitions.—As used in this act:
1868 (1) “Agency” means:
1869 (a) The Governor in the exercise of all executive powers
1870 other than those derived from the constitution.
1871 (b) Each:
1872 1. State officer and state department, and each
1873 departmental unit described in s. 20.04.
1874 2. Authority, including a regional water supply authority.
1875 3. Board, including the Board of Governors of the State
1876 University System and a state university board of trustees when
1877 acting pursuant to statutory authority derived from the
1878 Legislature.
1879 4. Commission, including the Commission on Ethics and the
1880 Fish and Wildlife Conservation Commission when acting pursuant
1881 to statutory authority derived from the Legislature.
1882 5. Regional planning agency.
1883 6. Multicounty special district with a majority of its
1884 governing board comprised of nonelected persons.
1885 7. Educational units.
1886 8. Entity described in chapters 163, 373, 380, and 582 and
1887 s. 186.504.
1888 (c) Each other unit of government in the state, including
1889 counties and municipalities, to the extent they are expressly
1890 made subject to this act by general or special law or existing
1891 judicial decisions.
1892 This definition does not include any legal entity or agency
1893 created in whole or in part pursuant to chapter 361, part II,
1894 any metropolitan planning organization created pursuant to s.
1895 339.175, any separate legal or administrative entity created
1896 pursuant to s. 339.175 of which a metropolitan planning
1897 organization is a member, an expressway authority pursuant to
1898 chapter 348 or any transportation authority under chapter 343 or
1899 chapter 349, any legal or administrative entity created by an
1900 interlocal agreement pursuant to s. 163.01(7), unless any party
1901 to such agreement is otherwise an agency as defined in this
1902 subsection, or any multicounty special district with a majority
1903 of its governing board comprised of elected persons; however,
1904 this definition shall include a regional water supply authority.
1905 Section 38. The Legislature directs the Department of
1906 Transportation to establish an approved transportation
1907 methodology that recognizes that a planned, sustainable
1908 development of regional impact will likely achieve an internal
1909 capture rate greater than 30 percent when fully developed. The
1910 transportation methodology must use a regional transportation
1911 model that incorporates professionally accepted modeling
1912 techniques applicable to well-planned, sustainable communities
1913 of the size, location, mix of uses, and design features
1914 consistent with such communities. The adopted transportation
1915 methodology shall serve as the basis for sustainable development
1916 traffic impact assessments by the department. The methodology
1917 review must be completed and in use by March 1, 2011.
1918 Section 39. This act shall take effect upon becoming a law.
1919