Florida Senate - 2021                                     SB 100
       By Senator Harrell
       25-00533E-21                                           2021100__
    1                        A bill to be entitled                      
    2         An act relating to highway projects; repealing s.
    3         163.3168(4), F.S., relating to applications for
    4         funding for technical assistance relating to areas in
    5         and around a proposed multiuse corridor interchange;
    6         amending s. 334.044, F.S.; revising the powers and
    7         duties of the Department of Transportation relating to
    8         the workforce development program; repealing s.
    9         338.2278, F.S., relating to the Multi-use Corridors of
   10         Regional Economic Significance Program; amending s.
   11         338.236, F.S.; deleting a requirement for the
   12         department to give priority consideration to placement
   13         of staging areas in certain counties; amending s.
   14         339.0801, F.S.; requiring that $35 million transferred
   15         to Florida’s Turnpike Enterprise be used for a
   16         specified purpose beginning in a specified fiscal year
   17         and annually for up to 30 years thereafter; conforming
   18         provisions to changes made by the act; amending s.
   19         339.0801, F.S.; deleting a requirement for a specified
   20         amount of funds to be transferred to Florida’s
   21         Turnpike Enterprise for a specified purpose; creating
   22         s. 339.0803, F.S.; requiring that certain increased
   23         revenues be used to fund specified projects beginning
   24         in a specified fiscal year and annually thereafter;
   25         authorizing such revenues to be used for certain
   26         projects; requiring the department to prioritize the
   27         use of certain facilities when upgrading arterial
   28         highways; providing construction; providing that such
   29         funding is in addition to other statutory funding
   30         allocations; repealing s. 339.1373, F.S., relating to
   31         funding of the Multi-use Corridors of Regional
   32         Economic Significance Program; creating s. 339.66,
   33         F.S.; providing legislative findings; requiring the
   34         department, in coordination with the Florida Turnpike
   35         Enterprise, to evaluate certain roadways for
   36         development of specific controlled access facilities
   37         and to include such projects in the work program;
   38         authorizing the department to upgrade roadways with
   39         targeted improvements; prohibiting the department from
   40         reducing nontolled general use lanes of an existing
   41         facility; requiring the department to maintain
   42         existing access points; providing for access points
   43         for certain property owners; specifying the location
   44         of tolling points and requiring a nontolled
   45         alternative for local traffic; requiring any new
   46         alignments to be establish with a specified goal;
   47         providing that any tolled facilities are approved
   48         turnpike projects and part of the turnpike system;
   49         designating a controlled-access portion of a specified
   50         roadway a Strategic Intermodal System facility;
   51         providing for applicability of a specified economic
   52         feasibility requirement and a specified statement of
   53         environmental feasibility; requiring environmental
   54         review of projects as specified; requiring certain
   55         decisions to be determined in accordance with
   56         applicable department rules, policies, and procedures;
   57         requiring, to the greatest extent practicable, that
   58         roadway alignments, project alignment, and interchange
   59         locations be designed as specified; providing for
   60         funding sources; providing that project construction
   61         is not eligible for funding until completion of 30
   62         percent of the project design phase, with exceptions;
   63         authorizing the Division of Bond Finance to issue
   64         specified bonds on behalf of the department to finance
   65         certain projects; creating s. 339.67, F.S.; requiring
   66         the department to develop and include construction of
   67         controlled access facilities in the work program of a
   68         certain facility; requiring the facility to be
   69         developed using existing roadway or portions thereof;
   70         requiring the facilities to be developed no later than
   71         a specified date to the maximum extent feasible;
   72         creating s. 339.68, F.S.; requiring the department to
   73         identify and include in the work program projects to
   74         increase capacity by widening existing two-lane
   75         arterial rural roads to four lanes; providing
   76         requirements for roads to be included in work program
   77         projects; requiring the department to annually fund at
   78         least a specified amount for such projects; providing
   79         legislative findings; requiring the department to
   80         commence project development and environmental phase
   81         of an extension of the Florida Turnpike; requiring the
   82         department to prepare a specified report and to submit
   83         the report to the Governor and Legislature by a
   84         specified date; providing effective dates.
   86  Be It Enacted by the Legislature of the State of Florida:
   88         Section 1. Subsection (4) of section 163.3168, Florida
   89  Statutes, is repealed.
   90         Section 2. Subsection (35) of section 334.044, Florida
   91  Statutes, is amended to read:
   92         334.044 Powers and duties of the department.—The department
   93  shall have the following general powers and duties:
   94         (35) To provide a road and bridge construction workforce
   95  development program, in consultation with affected stakeholders,
   96  for construction of projects designated in the department’s work
   97  program.
   98         (a) The workforce development program is intended to
   99  provide direct economic benefits to communities in which the
  100  department is constructing infrastructure projects and to
  101  promote employment opportunities, including within areas of low
  102  income and high unemployment.
  103         (b) The department shall merge any of its own existing
  104  workforce services into the program to create a robust workforce
  105  development program. The workforce development program must
  106  serve as a tool to address the construction labor shortage by
  107  recruiting and developing a group of skilled workers for
  108  infrastructure projects to increase the likelihood of department
  109  projects remaining on time and within budget.
  110         (c) To accomplish these activities, the department may
  111  administer workforce development contracts with consultants and
  112  nonprofit entities, such as local community partners, Florida
  113  College System institutions, and technical institutions or
  114  centers. These entities, as specified in a contract with the
  115  department, shall have the primary purposes of providing all of
  116  the following:
  117         1. Workforce recruitment.
  118         2. A training curriculum for the department’s road and
  119  bridge construction projects which includes both traditional and
  120  emerging construction methods and skills needed to construct
  121  multiuse infrastructure and facilities accommodating emerging
  122  technologies.
  123         3. Support services to remove barriers to work.
  124         (d) The department shall develop performance and outcome
  125  metrics to ensure accountability and to measure the benefits and
  126  cost-effectiveness of the program. By June 30, 2020, and
  127  annually thereafter, the department shall prepare and provide a
  128  report to the Governor, President of Senate, and Speaker of the
  129  House of Representatives detailing the results of its findings
  130  and containing any recommendations relating to future program
  131  refinements.
  132         Section 3. Section 338.2278, Florida Statutes, is repealed.
  133         Section 4. Subsection (1) of section 338.236, Florida
  134  Statutes, is amended to read:
  135         338.236 Staging areas for emergencies.—The Department of
  136  Transportation may plan, design, and construct staging areas to
  137  be activated during a declared state of emergency at key
  138  geographic locations on the turnpike system. Such staging areas
  139  must be used for the staging of emergency supplies, such as
  140  water, fuel, generators, vehicles, equipment, and other related
  141  materials, to facilitate the prompt provision of emergency
  142  assistance to the public, and to otherwise facilitate emergency
  143  response and assistance, including evacuations, deployment of
  144  emergency-related supplies and personnel, and restoration of
  145  essential services.
  146         (1) In selecting a proposed site for a designated staging
  147  area under this section, the department, in consultation with
  148  the Division of Emergency Management, must consider the extent
  149  to which such site:
  150         (a) Is located in a geographic area that best facilitates
  151  the wide dissemination of emergency-related supplies and
  152  equipment;
  153         (b) Provides ease of access to major highways and other
  154  transportation facilities;
  155         (c) Is sufficiently large to accommodate the staging of a
  156  significant amount of emergency-related supplies and equipment;
  157         (d) Provides space in support of emergency preparedness and
  158  evacuation activities, such as fuel reserve capacity;
  159         (e) Could be used during nonemergency periods for
  160  commercial motor vehicle parking and for other uses; and
  161         (f) Is consistent with other state and local emergency
  162  management considerations.
  164  The department must give priority consideration to placement of
  165  such staging areas in counties with a population of 200,000 or
  166  fewer, as determined by the most recent official estimate
  167  pursuant to s. 186.901, in which a multiuse corridor of regional
  168  economic significance, as provided in s. 338.2278, is located.
  169         Section 5. Subsection (2) of section 339.0801, Florida
  170  Statutes, is amended to read:
  171         339.0801 Allocation of increased revenues derived from
  172  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  173  from increased revenues to the State Transportation Trust Fund
  174  derived from the amendments to s. 319.32(5)(a) made by this act
  175  must be used annually, first as set forth in subsection (1) and
  176  then as set forth in subsections (2)-(5), notwithstanding any
  177  other provision of law:
  178         (2)(a)Beginning in the 2013-2014 fiscal year and annually
  179  for up to 30 years thereafter For each of the 2019-2020, 2020
  180  2021, and 2021-2022 fiscal years, $35 million shall be
  181  transferred to Florida’s Turnpike Enterprise, to be used in
  182  accordance with Florida Turnpike Enterprise Law, to the maximum
  183  extent feasible for feeder roads, structures, interchanges,
  184  appurtenances, and other rights to create or facilitate access
  185  to the existing turnpike system.
  186         (b) Beginning with the 2022-2023 fiscal year and annually
  187  thereafter, $35 million shall be transferred to Florida’s
  188  Turnpike Enterprise, to be used in accordance with s. 338.2278,
  189  with preference to feeder roads, interchanges, and appurtenances
  190  that create or facilitate multiuse corridor access and
  191  connectivity. Of those funds, and to the maximum extent
  192  feasible, up to $5 million annually may be used for projects
  193  that assist in the development of broadband infrastructure
  194  within or adjacent to a multiuse corridor. The department shall
  195  give priority consideration to broadband infrastructure projects
  196  located in any area designated as a rural area of opportunity
  197  under s. 288.0656 and adjacent to a multiuse corridor.
  198         Section 6. Effective July 1, 2023, section 339.0801,
  199  Florida Statutes, is amended to read:
  200         339.0801 Allocation of increased revenues derived from
  201  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  202  from increased revenues to the State Transportation Trust Fund
  203  derived from the amendments to s. 319.32(5)(a) made by this act
  204  must be used annually, first as set forth in subsection (1) and
  205  then as set forth in subsections (2)-(4) (2)-(5),
  206  notwithstanding any other provision of law:
  207         (1)(a) Beginning in the 2013-2014 fiscal year and annually
  208  for 30 years thereafter, $10 million shall be for the purpose of
  209  funding any seaport project identified in the adopted work
  210  program of the Department of Transportation, to be known as the
  211  Seaport Investment Program.
  212         (b) The revenues may be assigned, pledged, or set aside as
  213  a trust for the payment of principal or interest on revenue
  214  bonds, or other forms of indebtedness issued by an individual
  215  port or appropriate local government having jurisdiction
  216  thereof, or collectively by interlocal agreement among any of
  217  the ports, or used to purchase credit support to permit such
  218  borrowings. Alternatively, revenue bonds shall be issued by the
  219  Division of Bond Finance at the request of the Department of
  220  Transportation under the State Bond Act and shall be secured by
  221  such revenues as are provided in this subsection.
  222         (c) Revenue bonds or other indebtedness issued hereunder
  223  are not a general obligation of the state and are secured solely
  224  by a first lien on the revenues distributed under this
  225  subsection.
  226         (d) The state covenants with holders of the revenue bonds
  227  or other instruments of indebtedness issued pursuant to this
  228  subsection that it will not repeal this subsection; nor take any
  229  other action, including but not limited to amending this
  230  subsection, that will materially and adversely affect the rights
  231  of such holders so long as revenue bonds or other indebtedness
  232  authorized by this subsection are outstanding.
  233         (e) The proceeds of any revenue bonds or other
  234  indebtedness, after payment of costs of issuance and
  235  establishment of any required reserves, shall be invested in
  236  projects approved by the Department of Transportation and
  237  included in the department’s adopted work program, by amendment
  238  if necessary. As required under s. 11(f), Art. VII of the State
  239  Constitution, the Legislature approves projects included in the
  240  department’s adopted work program, including any projects added
  241  to the work program by amendment under s. 339.135(7).
  242         (f) Any revenues that are not used for the payment of bonds
  243  as authorized by this subsection may be used for purposes
  244  authorized under the Florida Seaport Transportation and Economic
  245  Development Program. This revenue source is in addition to any
  246  amounts provided for and appropriated in accordance with ss.
  247  311.07 and 320.20(3) and (4).
  248         (2) Beginning in the 2013-2014 fiscal year and annually for
  249  up to 30 years thereafter, $35 million shall be transferred to
  250  Florida’s Turnpike Enterprise, to be used in accordance with
  251  Florida Turnpike Enterprise Law, to the maximum extent feasible
  252  for feeder roads, structures, interchanges, appurtenances, and
  253  other rights to create or facilitate access to the existing
  254  turnpike system.
  255         (2)(3) Beginning in the 2013-2014 fiscal year and annually
  256  thereafter, $10 million shall be transferred to the
  257  Transportation Disadvantaged Trust Fund, to be used as specified
  258  in s. 427.0159.
  259         (3)(4) Beginning in the 2013-2014 fiscal year and annually
  260  thereafter, $10 million shall be allocated to the Small County
  261  Outreach Program to be used as specified in s. 339.2818. These
  262  funds are in addition to the funds provided for the program
  263  pursuant to s. 201.15(4)(a)2.
  264         (4)(5) After the distributions required pursuant to
  265  subsections (1)-(3) (1)-(4), the remaining funds shall be used
  266  annually for transportation projects within this state for
  267  existing or planned strategic transportation projects which
  268  connect major markets within this state or between this state
  269  and other states, which focus on job creation, and which
  270  increase this state’s viability in the national and global
  271  markets.
  272         (5)(6) Pursuant to s. 339.135(7), the department shall
  273  amend the work program to add the projects provided for in this
  274  section.
  275         Section 7. Section 339.0803, Florida Statutes, is created
  276  to read:
  277         339.0803 Allocation of increased revenues derived from
  278  amendments to s. 320.08 by chapter 2019-43, Laws of Florida.
  279  Beginning in the 2021-2022 fiscal year and each fiscal year
  280  thereafter, funds that result from increased revenues to the
  281  State Transportation Trust Fund derived from the amendments to
  282  s. 320.08 made by chapter 2019-43, Laws of Florida, and
  283  deposited into the fund pursuant to s. 320.20(5)(a) must be used
  284  to fund arterial highway projects identified by the department
  285  in accordance with s. 339.65 and may be used for projects as
  286  specified in ss. 339.66 and 339.67. For purposes of the funding
  287  provided in this section, the department shall prioritize use of
  288  existing facilities or portions thereof when upgrading arterial
  289  highways to limited or controlled access facilities. However,
  290  this section does not preclude use of the funding for projects
  291  that enhance the capacity of an arterial highway. The funds
  292  allocated as provided in this section shall be in addition to
  293  any other statutory funding allocations provided by law.
  294         Section 8. Section 339.1373, Florida Statutes, is repealed.
  295         Section 9. Section 339.66, Florida Statutes, is created to
  296  read:
  297         339.66Upgrade of arterial highways with controlled access
  298  facilities.—
  299         (1) The Legislature finds that the provision and
  300  maintenance of safe, reliable, and predictably free-flowing
  301  facilities to support the movement of people and freight and to
  302  enhance hurricane evacuation efficiency is important. It is in
  303  the best interest of the state to plan now for population growth
  304  and technology changes while prudently making timely
  305  improvements to address demand.
  306         (2) The department, in coordination with the Florida
  307  Turnpike Enterprise, shall evaluate existing roadways or
  308  portions thereof for development of specific controlled access
  309  facilities and include such projects as identified in the work
  310  program.
  311         (3) The department may upgrade roadways with targeted
  312  improvements, such as adding new tolled or nontolled limited
  313  access alignments to manage congestion points and retrofitting
  314  existing roadway with a series of electronically tolled or
  315  nontolled grade separations that provide an alternative to a
  316  signalized intersection for through traffic.
  317         (a) The department may not reduce any nontolled general use
  318  lanes of an existing facility.
  319         (b) The department shall maintain existing access points to
  320  the roadway provided by designated streets, graded roads, or
  321  driveways.
  322         (c) Upon application or as otherwise agreed to by the
  323  department, after construction is completed, property owners
  324  with parcels of land having no existing access shall have the
  325  right to one access point and property owners having more than 1
  326  mile of roadway frontage shall be allowed one access point for
  327  each mile owned.
  328         (d) Any tolling points must be located such that a
  329  nontolled alternative exists for local traffic.
  330         (e) Any new alignments must be established in accordance
  331  with the goal of enhancing the economic prosperity of affected
  332  communities.
  333         (4) Any tolled facilities are approved turnpike projects
  334  that are part of the turnpike system. A controlled-access
  335  portion of a roadway constructed pursuant to this section is
  336  considered a Strategic Intermodal System facility.
  337         (5) The economic feasibility requirement of s. 338.223
  338  applies only to projects involving tolled upgrades to a
  339  facility. The statement of environmental feasibility required
  340  under s. 338.223 applies to all projects.
  341         (6)(a) Projects undertaken are subject to the
  342  responsibilities assumed by the department as provided under s.
  343  334.044(34) for environmental review, consultation, or other
  344  action required under any federal environmental law applicable
  345  to review or approval of such projects or project phases.
  346         (b) For projects that do not receive federal aid or
  347  projects that do not require federal action, the department must
  348  perform a project evaluation that considers the following:
  349         1. Project purpose and need;
  350         2. An alternatives analysis;
  351         3. Existing conditions of the project area and potential
  352  impacts or enhancements the project may have on social,
  353  economic, cultural, natural, and connectivity issues and
  354  resources;
  355         4. Anticipated permits identified during the project
  356  development and environmental study;
  357         5. Opportunities for stakeholder and regulatory agency
  358  coordination; and
  359         6. Public and agency comments and coordination.
  360         (7) The department shall consider innovative concepts to
  361  combine right-of-way acquisition with the acquisition of lands
  362  or easements to facilitate environmental mitigation or
  363  ecosystem, wildlife habitat, or water quality protection or
  364  restoration.
  365         (8)(a) Decisions on matters such as configuration, project
  366  alignment, and interchange locations must be determined in
  367  accordance with applicable department rules, policies, and
  368  procedures.
  369         (b) To the greatest extent practicable, roadway alignments,
  370  project alignment, and interchange locations shall be designed
  371  so that project rights-of-way are not located within
  372  conservation lands acquired under the Florida Preservation 2000
  373  Act established in s. 259.101 and the Florida Forever Act
  374  established in s. 259.105.
  375         (9) Subject to applicability as provided in subsection (5),
  376  projects may be funded through turnpike revenue bonds or right
  377  of-way acquisition and bridge construction bonds or financing by
  378  the Florida Department of Transportation Financing Corporation;
  379  by advances from the State Transportation Trust Fund; with funds
  380  obtained through the creation of public-private partnerships; or
  381  any combination thereof. The department also may accept
  382  donations of land for use as transportation rights-of-way or to
  383  secure or use transportation rights-of-way for such projects in
  384  accordance with s. 337.2505. To the extent legally available,
  385  any toll revenues from the turnpike system not required for
  386  payment of principal, interest, reserves, or other required
  387  deposits for bonds; costs of operations and maintenance; other
  388  contractual obligations; or system improvement project costs
  389  must be used to repay advances received from the State
  390  Transportation Trust Fund.
  391         (10) Project construction is not eligible for funding until
  392  completion of 30 percent of the design phase, except for
  393  projects that are under construction or for which project
  394  alignment has been determined.
  395         (11)In accordance with ss. 337.276, 338.227, and 339.0809,
  396  the Division of Bond Finance may issue, on behalf of the
  397  department, right-of-way acquisition and bridge construction
  398  bonds, turnpike revenue bonds, and Florida Department of
  399  Transportation Financing Corporation bonds to finance projects
  400  as provided in the State Bond Act.
  401         Section 10. Section 339.67, Florida Statutes, is created to
  402  read:
  403         339.67 U.S. 19 controlled access facilities.—The department
  404  shall develop and include in the work program the construction
  405  of controlled access facilities as necessary to achieve free
  406  flow of traffic on U.S. 19, beginning at the terminus of the
  407  Suncoast Parkway 2 Phase 3 north along U.S. 19 to a logical
  408  terminus on Interstate 10 in Madison County. This Strategic
  409  Intermodal System facility shall be developed using existing
  410  roadway, or portions thereof, to ensure the free flow of traffic
  411  along the roadway by improvements such as limited access
  412  alignments to manage congestion points and retrofitting existing
  413  roadway with a series of grade separations that provide an
  414  alternative to a signalized intersection for through traffic. To
  415  the maximum extent feasible, the facilities shall be developed
  416  no later than December 31, 2035.
  417         Section 11. Section 339.68, Florida Statutes, is created to
  418  read:
  419         339.68Arterial rural highway projects.—The department
  420  shall identify and include in the work program projects to
  421  increase capacity by widening existing two-lane arterial rural
  422  roads to four lanes. To be included in a work program project,
  423  the road must be classified as an arterial rural road, and truck
  424  traffic using the road must amount to at least 15 percent of all
  425  such traffic, as determined by the department. The department
  426  shall fund at least $20 million annually for such projects.
  427         Section 12. The Legislature finds that the extension of the
  428  Florida Turnpike from its northerly terminus in Wildwood to a
  429  logical and appropriate terminus as determined by the department
  430  is in the strategic interest of the state. The department shall
  431  commence the project development and environmental phase of the
  432  extension and shall consider project configuration, alignment,
  433  cost, and schedule. The department shall prepare a report
  434  summarizing the result of the project development and
  435  environmental phase and, by December 31, 2022, submit the report
  436  to the Governor, the President of the Senate, and the Speaker of
  437  the House of Representatives.
  438         Section 13. Except as otherwise expressly provided in this
  439  act, this act shall take effect July 1, 2021.