Bill Text: FL S0100 | 2021 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Highway Projects

Spectrum:

Status: (Enrolled) 2021-04-27 - Message sent to senate [S0100 Detail]

Download: Florida-2021-S0100-Engrossed.html
       CS for SB 100                              First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2021100e1
       
    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         339.66Upgrade 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  by this section and ss. 339.67 and 339.68, including, but not
  344  limited to, the task force reports prepared pursuant to chapter
  345  2019-43, Laws of Florida.
  346         (6) Any existing applicable requirements relating to
  347  turnpike projects apply to projects undertaken by the Turnpike
  348  Enterprise pursuant to this section. The Turnpike Enterprise
  349  shall take into consideration the guidance and recommendations
  350  of any previous studies or reports relevant to the projects
  351  authorized by this section and ss. 339.67 and 339.68, including,
  352  but not limited to, the task force reports prepared pursuant to
  353  chapter 2019-43, Laws of Florida, and with respect to any
  354  extension of the Florida Turnpike from its northerly terminus in
  355  Wildwood.
  356         (7) The department shall consider innovative concepts to
  357  combine right-of-way acquisition with the acquisition of lands
  358  or easements to facilitate environmental mitigation or
  359  ecosystem, wildlife habitat, or water quality protection or
  360  restoration.
  361         (8)(a) Decisions on matters such as configuration, project
  362  alignment, and interchange locations must be determined in
  363  accordance with applicable department rules, policies, and
  364  procedures.
  365         (b) To the greatest extent practicable, roadway alignments,
  366  project alignment, and interchange locations shall be designed
  367  so that project rights-of-way are not located within
  368  conservation lands acquired under the Florida Preservation 2000
  369  Act established in s. 259.101 and the Florida Forever Act
  370  established in s. 259.105.
  371         (9) Subject to applicability of existing requirements as
  372  provided in subsections (5) and (6), projects may be funded
  373  through turnpike revenue bonds or right-of-way acquisition and
  374  bridge construction bonds or financing by the Florida Department
  375  of Transportation Financing Corporation; by advances from the
  376  State Transportation Trust Fund; with funds obtained through the
  377  creation of public-private partnerships; or any combination
  378  thereof. The department also may accept donations of land for
  379  use as transportation rights-of-way or to secure or use
  380  transportation rights-of-way for such projects in accordance
  381  with s. 337.2505. To the extent legally available, any toll
  382  revenues from the turnpike system not required for payment of
  383  principal, interest, reserves, or other required deposits for
  384  bonds; costs of operations and maintenance; other contractual
  385  obligations; or system improvement project costs must be used to
  386  repay advances received from the State Transportation Trust
  387  Fund.
  388         (10) Project construction is not eligible for funding until
  389  completion of 30 percent of the design phase, except for
  390  projects that are under construction or for which project
  391  alignment has been determined.
  392         (11)In accordance with ss. 337.276, 338.227, and 339.0809,
  393  the Division of Bond Finance may issue, on behalf of the
  394  department, right-of-way acquisition and bridge construction
  395  bonds, turnpike revenue bonds, and Florida Department of
  396  Transportation Financing Corporation bonds to finance projects
  397  as provided in the State Bond Act.
  398         Section 10. Section 339.67, Florida Statutes, is created to
  399  read:
  400         339.67 U.S. 19 controlled access facilities.—The department
  401  shall develop and include in the work program the construction
  402  of controlled access facilities as necessary to achieve free
  403  flow of traffic on U.S. 19, beginning at the terminus of the
  404  Suncoast Parkway 2 Phase 3, north predominantly along U.S. 19 to
  405  a logical terminus on Interstate 10 in Madison County. This
  406  Strategic Intermodal System facility shall be developed using
  407  existing roadway, or portions thereof, to ensure the free flow
  408  of traffic along the roadway by improvements such as limited
  409  access alignments to manage congestion points and retrofitting
  410  existing roadway with a series of grade separations that provide
  411  an alternative to a signalized intersection for through traffic.
  412  To the maximum extent feasible, the facilities shall be
  413  developed no later than December 31, 2035.
  414         Section 11. Section 339.68, Florida Statutes, is created to
  415  read:
  416         339.68Arterial rural highway projects.—The department
  417  shall identify and include in the work program projects to
  418  increase capacity by widening existing two-lane arterial rural
  419  roads to four lanes. To be included in a work program project,
  420  the road must be classified as an arterial rural road, and truck
  421  traffic using the road must amount to at least 15 percent of all
  422  such traffic, as determined by the department. The department
  423  shall fund at least $20 million annually for such projects.
  424         Section 12. The Legislature finds that the extension of the
  425  Florida Turnpike from its northerly terminus in Wildwood to a
  426  logical and appropriate terminus as determined by the Department
  427  of Transportation is in the strategic interest of the state. The
  428  department shall commence the project development and
  429  environmental phase of the extension and shall consider project
  430  configuration, alignment, cost, and schedule. The department
  431  shall prepare a report summarizing the status of the project
  432  development and environmental phase and, by December 31, 2022,
  433  submit the report to the Governor, the President of the Senate,
  434  and the Speaker of the House of Representatives.
  435         Section 13. Except as otherwise expressly provided in this
  436  act, this act shall take effect July 1, 2021.

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