Florida Senate - 2014 CS for SB 696
By the Committees on Appropriations; and Transportation
576-01910-14 2014696c1
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 repealing s. 316.530(3), F.S., relating to load limits
4 for certain towed vehicles; amending s. 316.545, F.S.;
5 increasing the weight used in calculating whether a
6 vehicle equipped with fully functional idle-reduction
7 technology is overweight; updating terminology;
8 amending s. 332.007, F.S.; authorizing the department
9 to fund strategic airport investments; providing
10 criteria; amending s. 334.044, F.S.; prohibiting the
11 department from entering into a lease-purchase
12 agreement with certain transportation authorities;
13 providing that certain lease-purchase agreements are
14 not invalidated; providing an exception from the
15 requirement to purchase all plant materials from
16 Florida commercial nursery stock; amending s. 338.161,
17 F.S.; revising the authorization of the department to
18 enter into an agreement with an owner of a
19 transportation facility under which the department
20 uses its electronic toll collection and video billing
21 systems to collect for the owner certain charges for
22 use of the owner’s transportation facility; amending
23 s. 338.26, F.S.; revising the uses of fees generated
24 from Alligator Alley tolls to include the cost of
25 design and construction of a fire station that may be
26 used by certain local governments and certain related
27 operating costs; providing that excess tolls, after
28 payment of certain expenses, be transferred to the
29 Everglades Trust Fund; amending ss. 343.82 and
30 343.922, F.S.; removing references to advances from
31 the previously repealed Toll Facilities Revolving
32 Trust Fund as a source of funding for certain
33 authority projects; amending s. 373.4137, F.S.;
34 providing legislative intent that environmental
35 mitigation be implemented in a manner that promotes
36 efficiency, timeliness in project delivery, and cost
37 effectiveness; revising the criteria for the
38 environmental impact inventory and for mitigation of
39 projected impacts identified in the environmental
40 impact inventory; requiring the Department of
41 Transportation to include funding for environmental
42 mitigation for projects in its work program; revising
43 the process and criteria for the payment by the
44 department or participating transportation authorities
45 of mitigation implemented by water management
46 districts or the Department of Environmental
47 Protection; revising the requirements for the payment
48 to a water management district or the Department of
49 Environmental Protection of the costs of mitigation
50 planning and implementation of the mitigation required
51 by a permit; revising the payment criteria for
52 preparing and implementing mitigation plans adopted by
53 water management districts for transportation impacts
54 based on the environmental impact inventory; adding
55 federal requirements for the development of a
56 mitigation plan; providing for transportation projects
57 in the environmental mitigation plan for which
58 mitigation has not been specified; revising a water
59 management district’s responsibilities relating to a
60 mitigation plan; amending s. 373.618, F.S.; subjecting
61 certain public information systems to local government
62 review or approval and to the requirements of ch. 479,
63 F.S., relating to outdoor advertising; providing an
64 effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Subsection (3) of section 316.530, Florida
69 Statutes, is repealed.
70 Section 2. Subsection (3) of section 316.545, Florida
71 Statutes, is amended to read:
72 316.545 Weight and load unlawful; special fuel and motor
73 fuel tax enforcement; inspection; penalty; review.—
74 (3) A Any person who violates the overloading provisions of
75 this chapter is shall be conclusively presumed to have damaged
76 the highways of this state by reason of such overloading, and a
77 fine shall be assessed which damage is hereby fixed as follows:
78 (a) When the excess weight is 200 pounds or less than the
79 maximum herein provided in this chapter, the fine is penalty
80 shall be $10;
81 (b) Five cents per pound for each pound of weight in excess
82 of the maximum herein provided in this chapter if when the
83 excess weight is greater than exceeds 200 pounds. If However,
84 whenever the gross weight of the vehicle or combination of
85 vehicles is not greater than does not exceed the maximum
86 allowable gross weight, the maximum fine for the first 600
87 pounds of unlawful axle weight is shall be $10;
88 (c) For a vehicle equipped with fully functional idle
89 reduction technology, the fine is any penalty shall be
90 calculated by reducing the actual gross vehicle weight or the
91 internal bridge weight by the certified weight of the idle
92 reduction technology or by 550 400 pounds, whichever is less.
93 The vehicle operator must present written certification of the
94 weight of the idle-reduction technology and must demonstrate or
95 certify that the idle-reduction technology is fully functional
96 at all times. This calculation is not allowed for vehicles
97 described in s. 316.535(6);
98 (d) An apportionable vehicle, as defined in s. 320.01,
99 operating on the highways of this state which is not without
100 being properly licensed and registered is shall be subject to
101 the penalties as provided in this section; and
102 (e) A vehicle Vehicles operating on the highways of this
103 state from nonmember International Registration Plan
104 jurisdictions which is are not in compliance with the provisions
105 of s. 316.605 is shall be subject to the penalties as herein
106 provided in this section.
107 Section 3. Subsection (10) is added to section 332.007,
108 Florida Statutes, to read:
109 332.007 Administration and financing of aviation and
110 airport programs and projects; state plan.—
111 (10) The department may fund strategic airport investment
112 projects at up to 100 percent of the project’s cost if:
113 (a) Important access and on-airport capacity improvements
114 are provided;
115 (b) Capital improvements that strategically position the
116 state to maximize opportunities in international trade,
117 logistics, and the aviation industry are provided;
118 (c) Goals of an integrated intermodal transportation system
119 for the state are achieved; and
120 (d) Feasibility and availability of matching funds through
121 federal, local, or private partners are demonstrated.
122 Section 4. Subsections (16) and (26) of section 334.044,
123 Florida Statutes, are amended to read:
124 334.044 Department; powers and duties.—The department shall
125 have the following general powers and duties:
126 (16) To plan, acquire, lease, construct, maintain, and
127 operate toll facilities; to authorize the issuance and refunding
128 of bonds; and to fix and collect tolls or other charges for
129 travel on any such facilities. Notwithstanding any other law,
130 the department may not enter into a lease-purchase agreement
131 with an expressway authority, regional transportation authority,
132 or other entity. This provision does not invalidate a lease
133 purchase agreement authorized under chapter 348 or chapter 2000
134 411, Laws of Florida, existing as of July 1, 2013, and does not
135 limit the department’s authority under s. 334.30.
136 (26) To provide for the enhancement of environmental
137 benefits, including air and water quality; to prevent roadside
138 erosion; to conserve the natural roadside growth and scenery;
139 and to provide for the implementation and maintenance of
140 roadside conservation, enhancement, and stabilization programs.
141 At least No less than 1.5 percent of the amount contracted for
142 construction projects shall be allocated by the department on a
143 statewide basis for the purchase of plant materials. Department
144 districts may not expend funds for landscaping in connection
145 with any project that is limited to resurfacing existing lanes
146 unless the expenditure has been approved by the department’s
147 secretary or the secretary’s designee. To the greatest extent
148 practical, at least a minimum of 50 percent of the funds
149 allocated under this subsection shall be allocated for large
150 plant materials and the remaining funds for other plant
151 materials. Except as prohibited by applicable federal law or
152 regulation, all plant materials shall be purchased from Florida
153 commercial nursery stock in this state on a uniform competitive
154 bid basis. The department shall develop grades and standards for
155 landscaping materials purchased through this process. To
156 accomplish these activities, the department may contract with
157 nonprofit organizations having the primary purpose of developing
158 youth employment opportunities.
159 Section 5. Subsection (5) of section 338.161, Florida
160 Statutes, is amended to read:
161 338.161 Authority of department or toll agencies to
162 advertise and promote electronic toll collection; expanded uses
163 of electronic toll collection system; authority of department to
164 collect tolls, fares, and fees for private and public entities.—
165 (5) If the department finds that it can increase nontoll
166 revenues or add convenience or other value for its customers,
167 and if a public or private transportation facility owner agrees
168 that its facility will become interoperable with the
169 department’s electronic toll collection and video billing
170 systems, the department may is authorized to enter into an
171 agreement with the owner of such facility under which the
172 department uses private or public entities for the department’s
173 use of its electronic toll collection and video billing systems
174 to collect and enforce for the owner tolls, fares,
175 administrative fees, and other applicable charges due imposed in
176 connection with use of the owner’s facility transportation
177 facilities of the private or public entities that become
178 interoperable with the department’s electronic toll collection
179 system. The department may modify its rules regarding toll
180 collection procedures and the imposition of administrative
181 charges to be applicable to toll facilities that are not part of
182 the turnpike system or otherwise owned by the department. This
183 subsection does may not be construed to limit the authority of
184 the department under any other provision of law or under any
185 agreement entered into before prior to July 1, 2012.
186 Section 6. Subsection (3) of section 338.26, Florida
187 Statutes, is amended to read:
188 338.26 Alligator Alley toll road.—
189 (3)(a) Fees generated from tolls shall be deposited in the
190 State Transportation Trust Fund and shall be used:, and any
191 amount of funds generated annually in excess of that required
192 1. To reimburse outstanding contractual obligations;,
193 2. To operate and maintain the highway and toll facilities,
194 including reconstruction and restoration;,
195 3. To pay for those projects that are funded with Alligator
196 Alley toll revenues and that are contained in the 1993-1994
197 adopted work program or the 1994-1995 tentative work program
198 submitted to the Legislature on February 22, 1994;, and
199 4. To design develop and construct operate a fire station
200 at mile marker 63 on Alligator Alley, which may be used by a
201 county or another local governmental entity to provide fire,
202 rescue, and emergency management services to the public on
203 adjacent counties along Alligator Alley; and
204 5. By interlocal agreement effective July 1, 2014, through
205 no later than June 30, 2018, to reimburse a county or another
206 local governmental entity for the direct actual costs of
207 operating such fire station.,
208 (b) Funds generated annually in excess of those required to
209 pay the expenses in paragraph (a) may be transferred to the
210 Everglades Fund of the South Florida Water Management District.
211 The South Florida Water Management District shall deposit funds
212 for projects undertaken pursuant to s. 373.4592 in the
213 Everglades Trust Fund pursuant to s. 373.45926(4)(a). Any funds
214 remaining in the Everglades Fund may be used for environmental
215 projects to restore the natural values of the Everglades,
216 subject to compliance with any applicable federal laws and
217 regulations. Projects must shall be limited to:
218 1.(a) Highway redesign to allow for improved sheet flow of
219 water across the southern Everglades.
220 2.(b) Water conveyance projects to enable more water
221 resources to reach Florida Bay to replenish marine estuary
222 functions.
223 3.(c) Engineering design plans for wastewater treatment
224 facilities as recommended in the Water Quality Protection
225 Program Document for the Florida Keys National Marine Sanctuary.
226 4.(d) Acquisition of lands to move STA 3/4 out of the Toe
227 of the Boot, provided such lands are located within 1 mile of
228 the northern border of STA 3/4.
229 5.(e) Other Everglades Construction Projects as described
230 in the February 15, 1994, conceptual design document.
231 Section 7. Paragraph (d) of subsection (3) of section
232 343.82, Florida Statutes, is amended to read:
233 343.82 Purposes and powers.—
234 (3)
235 (d) The authority may undertake projects or other
236 improvements in the master plan in phases as particular projects
237 or segments thereof become feasible, as determined by the
238 authority. In carrying out its purposes and powers, the
239 authority may request funding and technical assistance from the
240 department and appropriate federal and local agencies,
241 including, but not limited to, state infrastructure bank loans,
242 advances from the Toll Facilities Revolving Trust Fund, and from
243 any other sources.
244 Section 8. Subsection (4) of section 343.922, Florida
245 Statutes, is amended to read:
246 343.922 Powers and duties.—
247 (4) The authority may undertake projects or other
248 improvements in the master plan in phases as particular projects
249 or segments become feasible, as determined by the authority. The
250 authority shall coordinate project planning, development, and
251 implementation with the applicable local governments. The
252 authority’s projects that are transportation oriented must shall
253 be consistent to the maximum extent feasible with the adopted
254 local government comprehensive plans at the time such projects
255 they are funded for construction. Authority projects that are
256 not transportation oriented and meet the definition of
257 development pursuant to s. 380.04 must shall be consistent with
258 the local comprehensive plans. In carrying out its purposes and
259 powers, the authority may request funding and technical
260 assistance from the department and appropriate federal and local
261 agencies, including, but not limited to, state infrastructure
262 bank loans, advances from the Toll Facilities Revolving Trust
263 Fund, and funding and technical assistance from any other
264 source.
265 Section 9. Section 373.4137, Florida Statutes, is amended
266 to read:
267 373.4137 Mitigation requirements for specified
268 transportation projects.—
269 (1) The Legislature finds that environmental mitigation for
270 the impact of transportation projects proposed by the Department
271 of Transportation or a transportation authority established
272 pursuant to chapter 348 or chapter 349 can be more effectively
273 achieved by regional, long-range mitigation planning rather than
274 on a project-by-project basis. It is the intent of the
275 Legislature that mitigation to offset the adverse effects of
276 these transportation projects be funded by the Department of
277 Transportation and be carried out by the use of mitigation banks
278 and any other mitigation options that satisfy state and federal
279 requirements in a manner that promotes efficiency, timeliness in
280 project delivery, and cost-effectiveness.
281 (2) Environmental impact inventories for transportation
282 projects proposed by the Department of Transportation or a
283 transportation authority established pursuant to chapter 348 or
284 chapter 349 shall be developed as follows:
285 (a) By July 1 of each year, the Department of
286 Transportation, or a transportation authority established
287 pursuant to chapter 348 or chapter 349 which chooses to
288 participate in the program, shall submit to the water management
289 districts a list of its projects in the adopted work program and
290 an environmental impact inventory of habitat impacts and the
291 anticipated mitigation needed to offset impacts as described in
292 paragraph (b). The environmental impact inventory must be based
293 on habitats addressed in the rules adopted pursuant to this
294 part, and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, and
295 the Department of Transportation’s which may be impacted by its
296 plan of construction for transportation projects in the next 3
297 years of the tentative work program. The Department of
298 Transportation or a transportation authority established
299 pursuant to chapter 348 or chapter 349 may also include in its
300 environmental impact inventory the habitat impacts and the
301 anticipated amount of mitigation needed for of any future
302 transportation project. The Department of Transportation and
303 each transportation authority established pursuant to chapter
304 348 or chapter 349 may fund any mitigation activities for future
305 projects using current year funds.
306 (b) The environmental impact inventory must shall include a
307 description of these habitat impacts, including their location,
308 acreage, and type; the anticipated mitigation needed based on
309 the functional loss as determined through the Uniform Mitigation
310 Assessment Method (UMAM) adopted in chapter 62-345, Florida
311 Administrative Code; identification of the proposed mitigation
312 option; state water quality classification of impacted wetlands
313 and other surface waters; any other state or regional
314 designations for these habitats; and a list of threatened
315 species, endangered species, and species of special concern
316 affected by the proposed project.
317 (c) Before projects are identified for inclusion in a water
318 management district mitigation plan as described in subsection
319 (4), the Department of Transportation must consider using
320 credits from a permitted mitigation bank. The Department of
321 Transportation must consider the availability of suitable and
322 sufficient mitigation bank credits within the transportation
323 project’s area, the ability to satisfy commitments to regulatory
324 and resource agencies, the availability of suitable and
325 sufficient mitigation purchased or developed under this section,
326 the ability to complete suitable existing water management
327 district or Department of Environmental Protection mitigation
328 sites initiated with Department of Transportation mitigation
329 funds, and the ability to satisfy state and federal
330 requirements, including long-term maintenance and liability.
331 (3)(a) To implement the mitigation option fund development
332 and implementation of the mitigation plan for the projected
333 impacts identified in the environmental impact inventory
334 described in subsection (2), the Department of Transportation
335 may purchase credits for current and future use directly from a
336 mitigation bank, purchase mitigation services through the water
337 management districts or the Department of Environmental
338 Protection, conduct its own mitigation, or use other mitigation
339 options that meet state and federal requirements. Funding for
340 the identified mitigation option as described in the
341 environmental impact inventory must be included in shall
342 identify funds quarterly in an escrow account within the State
343 Transportation Trust Fund for the environmental mitigation phase
344 of projects budgeted by the Department of Transportation’s work
345 program developed pursuant to s. 339.135 Transportation for the
346 current fiscal year. The amount programmed each year by the
347 Department of Transportation and participating transportation
348 authorities established pursuant to chapter 348 or chapter 349
349 must correspond to an estimated cost to mitigate for the
350 functional loss identified in the environmental impact inventory
351 described in subsection (2) The escrow account shall be
352 maintained by the Department of Transportation for the benefit
353 of the water management districts. Any interest earnings from
354 the escrow account shall remain with the Department of
355 Transportation.
356 (b) Each transportation authority established pursuant to
357 chapter 348 or chapter 349 which that chooses to participate in
358 this program shall create an escrow account within its financial
359 structure and deposit funds in the account to pay for the
360 environmental mitigation phase of projects budgeted for the
361 current fiscal year. The escrow account shall be maintained by
362 the authority for the benefit of the water management districts.
363 Any interest earnings from the escrow account must shall remain
364 with the authority.
365 (c) For mitigation implemented by the water management
366 district or the Department of Environmental Protection, as
367 appropriate, the amount paid each year must be based on
368 mitigation services provided by the water management districts
369 or the Department of Environmental Protection pursuant to an
370 approved water management district mitigation plan, as described
371 in subsection (4). Except for current mitigation projects in the
372 monitoring and maintenance phase and except as allowed by
373 paragraph (d), The water management districts or the Department
374 of Environmental Protection, as appropriate, may request payment
375 a transfer of funds from an escrow account no sooner than 30
376 days before the date the funds are needed to pay for activities
377 associated with development or implementation of permitted
378 mitigation that meets the requirements of this part, 33 U.S.C.
379 s. 1344, and 33 C.F.R. part 332, in the approved water
380 management district mitigation plan described in subsection (4)
381 for the current fiscal year, including, but not limited to,
382 design, engineering, production, and staff support. Actual
383 conceptual plan preparation costs incurred before plan approval
384 may be submitted to the Department of Transportation or the
385 appropriate transportation authority each year with the plan.
386 The conceptual plan preparation costs of each water management
387 district will be paid from mitigation funds associated with the
388 environmental impact inventory for the current year. The amount
389 transferred to the escrow accounts each year by the Department
390 of Transportation and participating transportation authorities
391 established pursuant to chapter 348 or chapter 349 shall
392 correspond to a cost per acre of $75,000 multiplied by the
393 projected acres of impact identified in the environmental impact
394 inventory described in subsection (2). However, the $75,000 cost
395 per acre does not constitute an admission against interest by
396 the state or its subdivisions and is not admissible as evidence
397 of full compensation for any property acquired by eminent domain
398 or through inverse condemnation. Each July 1, the cost per acre
399 shall be adjusted by the percentage change in the average of the
400 Consumer Price Index issued by the United States Department of
401 Labor for the most recent 12-month period ending September 30,
402 compared to the base year average, which is the average for the
403 12-month period ending September 30, 1996. Each quarter, The
404 projected amount of mitigation acreage of impact shall be
405 reconciled each quarter with the actual amount of mitigation
406 needed for acreage of impact of projects as permitted, including
407 permit modifications, pursuant to this part and s. 404 of the
408 Clean Water Act, 33 U.S.C. s. 1344. The subject year’s
409 programming transfer of funds shall be adjusted accordingly to
410 reflect the mitigation acreage of impacts as permitted. If the
411 water management district excludes a project from an approved
412 water management district mitigation plan, if the water
413 management district cannot timely permit a mitigation site to
414 offset the impacts of a Department of Transportation project
415 identified in the environmental impact inventory, or if the
416 proposed mitigation does not meet state and federal
417 requirements, the Department of Transportation may use the
418 associated funds for the purchase of mitigation bank credits or
419 any other mitigation option that satisfies state and federal
420 requirements. The Department of Transportation and participating
421 transportation authorities established pursuant to chapter 348
422 or chapter 349 are authorized to transfer such funds from the
423 escrow accounts to the water management districts to carry out
424 the mitigation programs. Environmental mitigation funds that are
425 identified for or maintained in an escrow account for the
426 benefit of a water management district may be released if the
427 associated transportation project is excluded in whole or part
428 from the mitigation plan. For a mitigation project that is in
429 the maintenance and monitoring phase, the water management
430 district may request and receive a one-time payment based on the
431 project’s expected future maintenance and monitoring costs. Upon
432 final disbursement of the final maintenance and monitoring
433 payment for mitigation of a transportation project as permitted,
434 the obligation of the Department of Transportation or the
435 participating transportation authority is satisfied, and the
436 water management district or the Department of Environmental
437 Protection, as appropriate, has continuing responsibility for
438 the mitigation project, the escrow account for the project
439 established by the Department of Transportation or the
440 participating transportation authority may be closed. Any
441 interest earned on these disbursed funds shall remain with the
442 water management district and must be used as authorized under
443 this section.
444 (d) Beginning with the March 2015 water management district
445 mitigation plans in the 2005-2006 fiscal year, each water
446 management district or the Department of Environmental
447 Protection, as appropriate, shall invoice the Department of
448 Transportation for mitigation services to offset only the
449 impacts of a Department of Transportation project identified in
450 the environmental impact inventory, including planning, design,
451 construction, maintenance and monitoring, and other costs
452 necessary to meet the requirements of this section, 33 U.S.C. s.
453 1344, and 33 C.F.R. part 332 be paid a lump-sum amount of
454 $75,000 per acre, adjusted as provided under paragraph (c), for
455 federally funded transportation projects that are included on
456 the environmental impact inventory and that have an approved
457 mitigation plan. If the water management district identifies the
458 use of mitigation bank credits to offset a Department of
459 Transportation impact, the water management district shall
460 exclude that purchase from the mitigation plan, and the
461 Department of Transportation shall purchase the bank credits.
462 Beginning in the 2009-2010 fiscal year, each water management
463 district shall be paid a lump-sum amount of $75,000 per acre,
464 adjusted as provided under paragraph (c), for federally funded
465 and nonfederally funded transportation projects that have an
466 approved mitigation plan. All mitigation costs, including, but
467 not limited to, the costs of preparing conceptual plans and the
468 costs of design, construction, staff support, future
469 maintenance, and monitoring the mitigated acres shall be funded
470 through these lump-sum amounts.
471 (e) For mitigation activities occurring on existing water
472 management district or Department of Environmental Protection
473 mitigation sites initiated with Department of Transportation
474 mitigation funds before July 1, 2013, the water management
475 district or the Department of Environmental Protection, as
476 appropriate, shall invoice the Department of Transportation or a
477 participating transportation authority at a cost per acre of
478 $75,000 multiplied by the projected acres of impact as
479 identified in the environmental impact inventory. The cost per
480 acre must be adjusted by the percentage change in the average of
481 the Consumer Price Index issued by the United States Department
482 of Labor for the most recent 12-month period ending September
483 30, compared to the base year average, which is the average for
484 the 12-month period ending September 30, 1996. When implementing
485 the mitigation activities necessary to offset the permitted
486 impacts as provided in the approved mitigation plan, the water
487 management district shall maintain records of the costs incurred
488 in implementing the mitigation. The records must include, but
489 are not limited to, costs for planning, land acquisition,
490 design, construction, staff support, long-term maintenance and
491 monitoring of the mitigation site, and other costs necessary to
492 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. part
493 332.
494 (f) For purposes of preparing and implementing the
495 mitigation plans to be adopted by the water management districts
496 on or before March 1, 2014, for impacts based on the July 1,
497 2013, environmental impact inventory, the funds identified in
498 the Department of Transportation’s work program or participating
499 transportation authorities’ escrow accounts must correspond to a
500 cost per acre of $75,000 multiplied by the projected acres of
501 impact as identified in the environmental impact inventory. The
502 cost per acre must be adjusted by the percentage change in the
503 average of the Consumer Price Index issued by the United States
504 Department of Labor for the most recent 12-month period ending
505 September 30, compared to the base year average, which is the
506 average for the 12-month period ending September 30, 1996.
507 Payment under this paragraph is limited to mitigation activities
508 that are identified in the first year of the 2013 mitigation
509 plan and for which the transportation project is permitted and
510 are in the Department of Transportation’s adopted work program,
511 or equivalent for a transportation authority. When implementing
512 the mitigation activities necessary to offset the permitted
513 impacts as provided in the approved mitigation plan, the water
514 management district shall maintain records of the costs incurred
515 in implementing the mitigation. The records must include, but
516 are not limited to, costs for planning, land acquisition,
517 design, construction, staff support, long-term maintenance and
518 monitoring of the mitigation site, and other costs necessary to
519 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. part
520 332. To the extent moneys paid to a water management district by
521 the Department of Transportation or a participating
522 transportation authority are greater than the amount spent by
523 the water management districts in implementing the mitigation to
524 offset the permitted impacts, these funds must be refunded to
525 the Department of Transportation or participating transportation
526 authority. This paragraph expires June 30, 2015.
527 (4) Before March 1 of each year, each water management
528 district shall develop a mitigation plan to offset only the
529 impacts of transportation projects in the environmental impact
530 inventory for which a water management district is implementing
531 mitigation that meets the requirements of this section, 33
532 U.S.C. s. 1344, and 33 C.F.R. part 332. The water management
533 district mitigation plan must be developed, in consultation with
534 the Department of Environmental Protection, the United States
535 Army Corps of Engineers, the Department of Transportation,
536 participating transportation authorities established pursuant to
537 chapter 348 or chapter 349, and other appropriate federal,
538 state, and local governments, and other interested parties,
539 including entities operating mitigation banks, shall develop a
540 plan for the primary purpose of complying with the mitigation
541 requirements adopted pursuant to this part and 33 U.S.C. s.
542 1344. In developing such plans, the water management districts
543 shall use sound ecosystem management practices to address
544 significant water resource needs and consider shall focus on
545 activities of the Department of Environmental Protection and the
546 water management districts, such as surface water improvement
547 and management (SWIM) projects and lands identified for
548 potential acquisition for preservation, restoration, or
549 enhancement, and the control of invasive and exotic plants in
550 wetlands and other surface waters, to the extent that the
551 activities comply with the mitigation requirements adopted under
552 this part, and 33 U.S.C. s. 1344, and 33 C.F.R. part 332. The
553 water management district mitigation plan must identify each
554 site where the water management district will mitigate for a
555 transportation project. For each mitigation site, the water
556 management district shall provide the scope of the mitigation
557 services; provide the functional gain as determined through the
558 UMAM adopted in chapter 62-345, Florida Administrative Code;
559 describe how the mitigation offsets the impacts of each
560 transportation project as permitted; and provide a schedule for
561 the mitigation services. The water management districts shall
562 maintain records of costs incurred and payments received for
563 providing these services. Records must include, but are not
564 limited to, planning, land acquisition, design, construction,
565 staff support, long-term maintenance and monitoring of the
566 mitigation site, and other costs necessary to meet the
567 requirements of 33 U.S.C. s. 1344 and 33 C.F.R. part 332. To the
568 extent moneys paid to a water management district by the
569 Department of Transportation or a participating transportation
570 authority are greater than the amount spent by the water
571 management districts in providing the mitigation services to
572 offset the permitted transportation project impacts, these
573 moneys must be refunded to the Department of Transportation or
574 participating transportation authority In determining the
575 activities to be included in the plans, the districts shall
576 consider the purchase of credits from public or private
577 mitigation banks permitted under s. 373.4136 and associated
578 federal authorization and shall include the purchase as a part
579 of the mitigation plan when the purchase would offset the impact
580 of the transportation project, provide equal benefits to the
581 water resources than other mitigation options being considered,
582 and provide the most cost-effective mitigation option. The
583 mitigation plan shall be submitted to the water management
584 district governing board, or its designee, for review and
585 approval. At least 14 days before approval by the governing
586 board, the water management district shall provide a copy of the
587 draft mitigation plan to the Department of Environmental
588 Protection and any person who has requested a copy. Subsequent
589 to the governing board approval, the mitigation plan shall be
590 submitted to the Department of Environmental Protection for
591 approval. The plan may not be implemented until it is submitted
592 to, and approved, in part or in its entirety, by, the Department
593 of Environmental Protection.
594 (a) For each transportation project with a funding request
595 for the next fiscal year, the mitigation plan must include a
596 brief explanation of why a mitigation bank was or was not chosen
597 as a mitigation option, including an estimation of identifiable
598 costs of the mitigation bank and nonbank options and other
599 factors such as time saved, liability for success of the
600 mitigation, and long-term maintenance.
601 (a)(b) Specific projects may be excluded from the
602 mitigation plan, in whole or in part, and are not subject to
603 this section upon the election of the Department of
604 Transportation, a transportation authority if applicable, or the
605 appropriate water management district. The Department of
606 Transportation or a participating transportation authority may
607 not exclude a transportation project from the mitigation plan if
608 mitigation is scheduled for implementation by the water
609 management district in the current fiscal year unless the
610 transportation project is removed from the Department of
611 Transportation’s work program or transportation authority
612 funding plan, the mitigation cannot be timely permitted to
613 offset the impacts of a Department of Transportation project
614 identified in the environmental impact inventory, or the
615 proposed mitigation does not meet state and federal
616 requirements. If a project is removed from the work program or
617 the mitigation plan, costs spent by the water management
618 district before removal are eligible for reimbursement by the
619 Department of Transportation or participating transportation
620 authority.
621 (b)(c) When determining which projects to include in or
622 exclude from the mitigation plan, the Department of
623 Transportation shall investigate using credits from a permitted
624 mitigation bank before those projects are submitted for
625 inclusion in a water management district mitigation the plan.
626 The Department of Transportation shall exclude a project from
627 the mitigation plan if the investigation undertaken pursuant to
628 this paragraph results in the conclusion that the use of credits
629 from a permitted mitigation bank promotes efficiency, timeliness
630 in project delivery, The investigation shall consider the cost
631 effectiveness, and of mitigation bank credits, including, but
632 not limited to, factors such as time saved, transfer of
633 liability for success of the mitigation, and long-term
634 maintenance.
635 (5) The water management district shall ensure that
636 mitigation requirements pursuant to 33 U.S.C. s. 1344 and 33
637 C.F.R. part 332 are met for the impacts identified in the
638 environmental impact inventory for which the water management
639 district will implement mitigation described in subsection (2),
640 by implementation of the approved mitigation plan described in
641 subsection (4) to the extent funding is provided by the
642 Department of Transportation, or a transportation authority
643 established pursuant to chapter 348 or chapter 349, if
644 applicable. In developing and implementing the mitigation plan,
645 the water management district shall comply with federal
646 permitting requirements pursuant to 33 U.S.C. s. 1344 and 33
647 C.F.R. part 332. During the federal permitting process, the
648 water management district may deviate from the approved
649 mitigation plan in order to comply with federal permitting
650 requirements upon notice and coordination with the Department of
651 Transportation or participating transportation authority.
652 (6) The water management district mitigation plans shall be
653 updated annually to reflect the most current Department of
654 Transportation work program and project list of a transportation
655 authority established pursuant to chapter 348 or chapter 349, if
656 applicable, and may be amended throughout the year to anticipate
657 schedule changes or additional projects that which may arise.
658 Before amending the mitigation plan to include new projects, the
659 Department of Transportation must consider mitigation banks and
660 other available mitigation options that meet state and federal
661 requirements. Each update and amendment of the mitigation plan
662 shall be submitted to the governing board of the water
663 management district or its designee for approval. However, such
664 approval does shall not apply be applicable to a deviation as
665 described in subsection (5).
666 (7) Upon approval by the governing board of the water
667 management district and the Department of Environmental
668 Protection or its designee, the mitigation plan shall be deemed
669 to satisfy the mitigation requirements under this part for
670 impacts specifically identified in the environmental impact
671 inventory described in subsection (2) and any other mitigation
672 requirements imposed by local, regional, and state agencies for
673 these same impacts. The approval of the governing board of the
674 water management district and the Department of Environmental
675 Protection authorizes or its designee shall authorize the
676 activities proposed in the mitigation plan, and no other state,
677 regional, or local permit or approval is shall be necessary.
678 (8) This section does shall not be construed to eliminate
679 the need for the Department of Transportation or a
680 transportation authority established pursuant to chapter 348 or
681 chapter 349 to comply with the requirement to implement
682 practicable design modifications, including realignment of
683 transportation projects, to reduce or eliminate the impacts of
684 its transportation projects on wetlands and other surface waters
685 as required by rules adopted pursuant to this part, or to
686 diminish the authority under this part to regulate other
687 impacts, including water quantity or water quality impacts, or
688 impacts regulated under this part which that are not identified
689 in the environmental impact inventory described in subsection
690 (2).
691 (9) The process for environmental mitigation for the impact
692 of transportation projects under this section shall be available
693 to an expressway, bridge, or transportation authority
694 established under chapter 348 or chapter 349. Use of this
695 process may be initiated by an authority depositing the
696 requisite funds into an escrow account set up by the authority
697 and filing an environmental impact inventory with the
698 appropriate water management district. An authority that
699 initiates the environmental mitigation process established by
700 this section shall comply with subsection (6) by timely
701 providing the appropriate water management district with the
702 requisite work program information. A water management district
703 may draw down funds from the escrow account as provided in this
704 section.
705 Section 10. Section 373.618, Florida Statutes, is amended
706 to read:
707 373.618 Public service warnings, alerts, and
708 announcements.—The Legislature believes it is in the public
709 interest that each all water management district districts
710 created pursuant to s. 373.069 own, acquire, develop, construct,
711 operate, and manage public information systems. Public
712 information systems may be located on property owned by the
713 water management district, upon terms and conditions approved by
714 the water management district, and must display messages to the
715 general public concerning water management services, activities,
716 events, and sponsors, as well as other public service
717 announcements, including watering restrictions, severe weather
718 reports, amber alerts, and other essential information needed by
719 the public. Local government review or approval is not required
720 for a public information system owned or hereafter acquired,
721 developed, or constructed by the water management district on
722 its own property. A public information system is subject to
723 exempt from the requirements of chapter 479. Water management
724 district funds may not be used to pay the cost to acquire,
725 develop, construct, operate, or manage a public information
726 system. Such system Any necessary funds for a public information
727 system shall be paid for with funds and collected from private
728 sponsors, who may display commercial messages.
729 Section 11. This act shall take effect July 1, 2014.