Bill Text: FL S0100 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Highway Projects
Spectrum:
Status: (Passed) 2021-06-28 - Chapter No. 2021-161, companion bill(s) passed, see CS/SB 1126 (Ch. 2021-186) [S0100 Detail]
Download: Florida-2021-S0100-Comm_Sub.html
Bill Title: Highway Projects
Spectrum:
Status: (Passed) 2021-06-28 - Chapter No. 2021-161, companion bill(s) passed, see CS/SB 1126 (Ch. 2021-186) [S0100 Detail]
Download: Florida-2021-S0100-Comm_Sub.html
Florida Senate - 2021 CS for SB 100
By the Committee on Appropriations; and Senators Harrell and
Taddeo
576-03048-21 2021100c1
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 established 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 certain requirements;
52 requiring the department and Turnpike Enterprise to
53 take into consideration guidance and recommendations
54 of certain studies and reports; 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 the project development and environmental
81 phase of an extension of the Florida Turnpike;
82 requiring the department to prepare a specified report
83 and to submit the report to the Governor and
84 Legislature by a specified date; providing effective
85 dates.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Subsection (4) of section 163.3168, Florida
90 Statutes, is repealed.
91 Section 2. Subsection (35) of section 334.044, Florida
92 Statutes, is amended to read:
93 334.044 Powers and duties of the department.—The department
94 shall have the following general powers and duties:
95 (35) To provide a road and bridge construction workforce
96 development program, in consultation with affected stakeholders,
97 for construction of projects designated in the department’s work
98 program.
99 (a) The workforce development program is intended to
100 provide direct economic benefits to communities in which the
101 department is constructing infrastructure projects and to
102 promote employment opportunities, including within areas of low
103 income and high unemployment.
104 (b) The department shall merge any of its own existing
105 workforce services into the program to create a robust workforce
106 development program. The workforce development program must
107 serve as a tool to address the construction labor shortage by
108 recruiting and developing a group of skilled workers for
109 infrastructure projects to increase the likelihood of department
110 projects remaining on time and within budget.
111 (c) To accomplish these activities, the department may
112 administer workforce development contracts with consultants and
113 nonprofit entities, such as local community partners, Florida
114 College System institutions, and technical institutions or
115 centers. These entities, as specified in a contract with the
116 department, shall have the primary purposes of providing all of
117 the following:
118 1. Workforce recruitment.
119 2. A training curriculum for the department’s road and
120 bridge construction projects which includes both traditional and
121 emerging construction methods and skills needed to construct
122 multiuse infrastructure and facilities accommodating emerging
123 technologies.
124 3. Support services to remove barriers to work.
125 (d) The department shall develop performance and outcome
126 metrics to ensure accountability and to measure the benefits and
127 cost-effectiveness of the program. By June 30, 2020, and
128 annually thereafter, the department shall prepare and provide a
129 report to the Governor, President of Senate, and Speaker of the
130 House of Representatives detailing the results of its findings
131 and containing any recommendations relating to future program
132 refinements.
133 Section 3. Section 338.2278, Florida Statutes, is repealed.
134 Section 4. Subsection (1) of section 338.236, Florida
135 Statutes, is amended to read:
136 338.236 Staging areas for emergencies.—The Department of
137 Transportation may plan, design, and construct staging areas to
138 be activated during a declared state of emergency at key
139 geographic locations on the turnpike system. Such staging areas
140 must be used for the staging of emergency supplies, such as
141 water, fuel, generators, vehicles, equipment, and other related
142 materials, to facilitate the prompt provision of emergency
143 assistance to the public, and to otherwise facilitate emergency
144 response and assistance, including evacuations, deployment of
145 emergency-related supplies and personnel, and restoration of
146 essential services.
147 (1) In selecting a proposed site for a designated staging
148 area under this section, the department, in consultation with
149 the Division of Emergency Management, must consider the extent
150 to which such site:
151 (a) Is located in a geographic area that best facilitates
152 the wide dissemination of emergency-related supplies and
153 equipment;
154 (b) Provides ease of access to major highways and other
155 transportation facilities;
156 (c) Is sufficiently large to accommodate the staging of a
157 significant amount of emergency-related supplies and equipment;
158 (d) Provides space in support of emergency preparedness and
159 evacuation activities, such as fuel reserve capacity;
160 (e) Could be used during nonemergency periods for
161 commercial motor vehicle parking and for other uses; and
162 (f) Is consistent with other state and local emergency
163 management considerations.
164
165 The department must give priority consideration to placement of
166 such staging areas in counties with a population of 200,000 or
167 fewer, as determined by the most recent official estimate
168 pursuant to s. 186.901, in which a multiuse corridor of regional
169 economic significance, as provided in s. 338.2278, is located.
170 Section 5. Subsection (2) of section 339.0801, Florida
171 Statutes, is amended to read:
172 339.0801 Allocation of increased revenues derived from
173 amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
174 from increased revenues to the State Transportation Trust Fund
175 derived from the amendments to s. 319.32(5)(a) made by this act
176 must be used annually, first as set forth in subsection (1) and
177 then as set forth in subsections (2)-(5), notwithstanding any
178 other provision of law:
179 (2)(a) Beginning in the 2013-2014 fiscal year and annually
180 for up to 30 years thereafter For each of the 2019-2020, 2020
181 2021, and 2021-2022 fiscal years, $35 million shall be
182 transferred to Florida’s Turnpike Enterprise, to be used in
183 accordance with Florida Turnpike Enterprise Law, to the maximum
184 extent feasible for feeder roads, structures, interchanges,
185 appurtenances, and other rights to create or facilitate access
186 to the existing turnpike system.
187 (b) Beginning with the 2022-2023 fiscal year and annually
188 thereafter, $35 million shall be transferred to Florida’s
189 Turnpike Enterprise, to be used in accordance with s. 338.2278,
190 with preference to feeder roads, interchanges, and appurtenances
191 that create or facilitate multiuse corridor access and
192 connectivity. Of those funds, and to the maximum extent
193 feasible, up to $5 million annually may be used for projects
194 that assist in the development of broadband infrastructure
195 within or adjacent to a multiuse corridor. The department shall
196 give priority consideration to broadband infrastructure projects
197 located in any area designated as a rural area of opportunity
198 under s. 288.0656 and adjacent to a multiuse corridor.
199 Section 6. Effective July 1, 2023, section 339.0801,
200 Florida Statutes, as amended by this act, is amended to read:
201 339.0801 Allocation of increased revenues derived from
202 amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
203 from increased revenues to the State Transportation Trust Fund
204 derived from the amendments to s. 319.32(5)(a) made by this act
205 must be used annually, first as set forth in subsection (1) and
206 then as set forth in subsections (2)-(4) (2)-(5),
207 notwithstanding any other provision of law:
208 (1)(a) Beginning in the 2013-2014 fiscal year and annually
209 for 30 years thereafter, $10 million shall be for the purpose of
210 funding any seaport project identified in the adopted work
211 program of the Department of Transportation, to be known as the
212 Seaport Investment Program.
213 (b) The revenues may be assigned, pledged, or set aside as
214 a trust for the payment of principal or interest on revenue
215 bonds, or other forms of indebtedness issued by an individual
216 port or appropriate local government having jurisdiction
217 thereof, or collectively by interlocal agreement among any of
218 the ports, or used to purchase credit support to permit such
219 borrowings. Alternatively, revenue bonds shall be issued by the
220 Division of Bond Finance at the request of the Department of
221 Transportation under the State Bond Act and shall be secured by
222 such revenues as are provided in this subsection.
223 (c) Revenue bonds or other indebtedness issued hereunder
224 are not a general obligation of the state and are secured solely
225 by a first lien on the revenues distributed under this
226 subsection.
227 (d) The state covenants with holders of the revenue bonds
228 or other instruments of indebtedness issued pursuant to this
229 subsection that it will not repeal this subsection; nor take any
230 other action, including but not limited to amending this
231 subsection, that will materially and adversely affect the rights
232 of such holders so long as revenue bonds or other indebtedness
233 authorized by this subsection are outstanding.
234 (e) The proceeds of any revenue bonds or other
235 indebtedness, after payment of costs of issuance and
236 establishment of any required reserves, shall be invested in
237 projects approved by the Department of Transportation and
238 included in the department’s adopted work program, by amendment
239 if necessary. As required under s. 11(f), Art. VII of the State
240 Constitution, the Legislature approves projects included in the
241 department’s adopted work program, including any projects added
242 to the work program by amendment under s. 339.135(7).
243 (f) Any revenues that are not used for the payment of bonds
244 as authorized by this subsection may be used for purposes
245 authorized under the Florida Seaport Transportation and Economic
246 Development Program. This revenue source is in addition to any
247 amounts provided for and appropriated in accordance with ss.
248 311.07 and 320.20(3) and (4).
249 (2) Beginning in the 2013-2014 fiscal year and annually for
250 up to 30 years thereafter, $35 million shall be transferred to
251 Florida’s Turnpike Enterprise, to be used in accordance with
252 Florida Turnpike Enterprise Law, to the maximum extent feasible
253 for feeder roads, structures, interchanges, appurtenances, and
254 other rights to create or facilitate access to the existing
255 turnpike system.
256 (2)(3) Beginning in the 2013-2014 fiscal year and annually
257 thereafter, $10 million shall be transferred to the
258 Transportation Disadvantaged Trust Fund, to be used as specified
259 in s. 427.0159.
260 (3)(4) Beginning in the 2013-2014 fiscal year and annually
261 thereafter, $10 million shall be allocated to the Small County
262 Outreach Program to be used as specified in s. 339.2818. These
263 funds are in addition to the funds provided for the program
264 pursuant to s. 201.15(4)(a)2.
265 (4)(5) After the distributions required pursuant to
266 subsections (1)-(3) (1)-(4), the remaining funds shall be used
267 annually for transportation projects within this state for
268 existing or planned strategic transportation projects which
269 connect major markets within this state or between this state
270 and other states, which focus on job creation, and which
271 increase this state’s viability in the national and global
272 markets.
273 (5)(6) Pursuant to s. 339.135(7), the department shall
274 amend the work program to add the projects provided for in this
275 section.
276 Section 7. Section 339.0803, Florida Statutes, is created
277 to read:
278 339.0803 Allocation of increased revenues derived from
279 amendments to s. 320.08 by chapter 2019-43, Laws of Florida.
280 Beginning in the 2021-2022 fiscal year and each fiscal year
281 thereafter, funds that result from increased revenues to the
282 State Transportation Trust Fund derived from the amendments to
283 s. 320.08 made by chapter 2019-43, Laws of Florida, and
284 deposited into the fund pursuant to s. 320.20(5)(a) must be used
285 to fund arterial highway projects identified by the department
286 in accordance with s. 339.65 and may be used for projects as
287 specified in ss. 339.66 and 339.67. For purposes of the funding
288 provided in this section, the department shall prioritize use of
289 existing facilities or portions thereof when upgrading arterial
290 highways to limited or controlled access facilities. However,
291 this section does not preclude use of the funding for projects
292 that enhance the capacity of an arterial highway. The funds
293 allocated as provided in this section shall be in addition to
294 any other statutory funding allocations provided by law.
295 Section 8. Section 339.1373, Florida Statutes, is repealed.
296 Section 9. Section 339.66, Florida Statutes, is created to
297 read:
298 339.66 Upgrade of arterial highways with controlled access
299 facilities.—
300 (1) The Legislature finds that the provision and
301 maintenance of safe, reliable, and predictably free-flowing
302 facilities to support the movement of people and freight and to
303 enhance hurricane evacuation efficiency is important. It is in
304 the best interest of the state to plan now for population growth
305 and technology changes while prudently making timely
306 improvements to address demand.
307 (2) The department, in coordination with the Florida
308 Turnpike Enterprise, shall evaluate existing roadways or
309 portions thereof for development of specific controlled access
310 facilities and include such projects as identified in the work
311 program.
312 (3) The department may upgrade roadways with targeted
313 improvements, such as adding new tolled or nontolled limited
314 access alignments to manage congestion points and retrofitting
315 existing roadway with a series of electronically tolled or
316 nontolled grade separations that provide an alternative to a
317 signalized intersection for through traffic. Such improvements
318 must be made with the goal of enhancing the economic prosperity
319 and preserving the character of the communities impacted by such
320 improvements.
321 (a) The department may not reduce any nontolled general use
322 lanes of an existing facility.
323 (b) The department shall maintain existing access points to
324 the roadway provided by designated streets, graded roads, or
325 driveways.
326 (c) Upon application or as otherwise agreed to by the
327 department, after construction is completed, property owners
328 with parcels of land having no existing access shall have the
329 right to one access point, and property owners having more than
330 1 mile of roadway frontage shall be allowed one access point for
331 each mile owned.
332 (d) Any tolling points must be located such that a
333 nontolled alternative exists for local traffic.
334 (4) Any tolled facilities are approved turnpike projects
335 that are part of the turnpike system. A controlled-access
336 portion of a roadway constructed pursuant to this section is
337 considered a Strategic Intermodal System facility.
338 (5) Any existing applicable requirements relating to
339 department projects shall apply to projects undertaken by the
340 department pursuant to this section. The department shall take
341 into consideration the guidance and recommendations of any
342 previous studies or reports relevant to the projects authorized
343 in this section.
344 (6) Any existing applicable requirements relating to
345 turnpike projects shall apply to projects undertaken by the
346 Turnpike Enterprise pursuant to this section. The Turnpike
347 Enterprise shall take into consideration the guidance and
348 recommendations of any previous studies or reports relevant to
349 the projects authorized in this section.
350 (7) The department shall consider innovative concepts to
351 combine right-of-way acquisition with the acquisition of lands
352 or easements to facilitate environmental mitigation or
353 ecosystem, wildlife habitat, or water quality protection or
354 restoration.
355 (8)(a) Decisions on matters such as configuration, project
356 alignment, and interchange locations must be determined in
357 accordance with applicable department rules, policies, and
358 procedures.
359 (b) To the greatest extent practicable, roadway alignments,
360 project alignment, and interchange locations shall be designed
361 so that project rights-of-way are not located within
362 conservation lands acquired under the Florida Preservation 2000
363 Act established in s. 259.101 and the Florida Forever Act
364 established in s. 259.105.
365 (9) Subject to applicability of existing requirements as
366 provided in subsections (5) and (6), projects may be funded
367 through turnpike revenue bonds or right-of-way acquisition and
368 bridge construction bonds or financing by the Florida Department
369 of Transportation Financing Corporation; by advances from the
370 State Transportation Trust Fund; with funds obtained through the
371 creation of public-private partnerships; or any combination
372 thereof. The department also may accept donations of land for
373 use as transportation rights-of-way or to secure or use
374 transportation rights-of-way for such projects in accordance
375 with s. 337.2505. To the extent legally available, any toll
376 revenues from the turnpike system not required for payment of
377 principal, interest, reserves, or other required deposits for
378 bonds; costs of operations and maintenance; other contractual
379 obligations; or system improvement project costs must be used to
380 repay advances received from the State Transportation Trust
381 Fund.
382 (10) Project construction is not eligible for funding until
383 completion of 30 percent of the design phase, except for
384 projects that are under construction or for which project
385 alignment has been determined.
386 (11) In accordance with ss. 337.276, 338.227, and 339.0809,
387 the Division of Bond Finance may issue, on behalf of the
388 department, right-of-way acquisition and bridge construction
389 bonds, turnpike revenue bonds, and Florida Department of
390 Transportation Financing Corporation bonds to finance projects
391 as provided in the State Bond Act.
392 Section 10. Section 339.67, Florida Statutes, is created to
393 read:
394 339.67 U.S. 19 controlled access facilities.—The department
395 shall develop and include in the work program the construction
396 of controlled access facilities as necessary to achieve free
397 flow of traffic on U.S. 19, beginning at the terminus of the
398 Suncoast Parkway 2 Phase 3, north predominantly along U.S. 19 to
399 a logical terminus on Interstate 10 in Madison County. This
400 Strategic Intermodal System facility shall be developed using
401 existing roadway, or portions thereof, to ensure the free flow
402 of traffic along the roadway by improvements such as limited
403 access alignments to manage congestion points and retrofitting
404 existing roadway with a series of grade separations that provide
405 an alternative to a signalized intersection for through traffic.
406 To the maximum extent feasible, the facilities shall be
407 developed no later than December 31, 2035.
408 Section 11. Section 339.68, Florida Statutes, is created to
409 read:
410 339.68 Arterial rural highway projects.—The department
411 shall identify and include in the work program projects to
412 increase capacity by widening existing two-lane arterial rural
413 roads to four lanes. To be included in a work program project,
414 the road must be classified as an arterial rural road, and truck
415 traffic using the road must amount to at least 15 percent of all
416 such traffic, as determined by the department. The department
417 shall fund at least $20 million annually for such projects.
418 Section 12. The Legislature finds that the extension of the
419 Florida Turnpike from its northerly terminus in Wildwood to a
420 logical and appropriate terminus as determined by the Department
421 of Transportation is in the strategic interest of the state. The
422 department shall commence the project development and
423 environmental phase of the extension and shall consider project
424 configuration, alignment, cost, and schedule. The department
425 shall prepare a report summarizing the status of the project
426 development and environmental phase and, by December 31, 2022,
427 submit the report to the Governor, the President of the Senate,
428 and the Speaker of the House of Representatives.
429 Section 13. Except as otherwise expressly provided in this
430 act, this act shall take effect July 1, 2021.
