Bill Text: FL S0100 | 2021 | Regular Session | Introduced
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-Introduced.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-Introduced.html
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. 85 86 Be It Enacted by the Legislature of the State of Florida: 87 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 to99provide direct economic benefits to communities in which the100department is constructing infrastructure projects and to101promote employment opportunities, including within areas of low102income and high unemployment.103(b) The department shall merge any of its own existing104workforce services into the program to create a robust workforce105development program. The workforce development program must106serve as a tool to address the construction labor shortage by107recruiting and developing a group of skilled workers for108infrastructure projects to increase the likelihood of department109projects remaining on time and within budget.110(c) To accomplish these activities, the department may111administer workforce development contracts with consultants and112nonprofit entities, such as local community partners, Florida113College System institutions, and technical institutions or114centers. These entities, as specified in a contract with the115department, shall have the primary purposes of providing all of116the following:1171. Workforce recruitment.1182. A training curriculum for the department’s road and119bridge construction projects which includes both traditional and120emerging construction methods and skills needed to construct121multiuse infrastructure and facilities accommodating emerging122technologies.1233. Support services to remove barriers to work.124(d) The department shall develop performance and outcome125metrics to ensure accountability and to measure the benefits and126cost-effectiveness of the program. By June 30, 2020, and127annually thereafter, the department shall prepare and provide a128report to the Governor, President of Senate, and Speaker of the129House of Representatives detailing the results of its findings130and containing any recommendations relating to future program131refinements.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. 163 164The department must give priority consideration to placement of165such staging areas in counties with a population of 200,000 or166fewer, as determined by the most recent official estimate167pursuant to s. 186.901, in which a multiuse corridor of regional168economic 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 thereafterFor each of the 2019-2020, 20201802021, 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 annually187thereafter, $35 million shall be transferred to Florida’s188Turnpike Enterprise, to be used in accordance with s. 338.2278,189with preference to feeder roads, interchanges, and appurtenances190that create or facilitate multiuse corridor access and191connectivity. Of those funds, and to the maximum extent192feasible, up to $5 million annually may be used for projects193that assist in the development of broadband infrastructure194within or adjacent to a multiuse corridor. The department shall195give priority consideration to broadband infrastructure projects196located in any area designated as a rural area of opportunity197under 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 for249up to 30 years thereafter, $35 million shall be transferred to250Florida’s Turnpike Enterprise, to be used in accordance with251Florida Turnpike Enterprise Law, to the maximum extent feasible252for feeder roads, structures, interchanges, appurtenances, and253other rights to create or facilitate access to the existing254turnpike 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: 297 339.66 Upgrade 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: 419 339.68 Arterial 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.