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The Florida Statutes

The 2021 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION
Chapter 339
TRANSPORTATION FINANCE AND PLANNING
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F.S. 339.66
339.66 Upgrade of arterial highways with controlled access facilities.
(1) The Legislature finds that the provision and maintenance of safe, reliable, and predictably free-flowing facilities to support the movement of people and freight and to enhance hurricane evacuation efficiency is important. It is in the best interest of the state to plan now for population growth and technology changes while prudently making timely improvements to address demand.
(2) The department, in coordination with the Florida Turnpike Enterprise, shall evaluate existing roadways or portions thereof for development of specific controlled access facilities and include such projects as identified in the work program.
(3) The department may upgrade roadways with targeted improvements, such as adding new tolled or nontolled limited access alignments to manage congestion points and retrofitting existing roadway with a series of electronically tolled or nontolled grade separations that provide an alternative to a signalized intersection for through traffic. Such improvements must be made with the goal of enhancing the economic prosperity and preserving the character of the communities impacted by such improvements.
(a) The department may not reduce any nontolled general use lanes of an existing facility.
(b) The department shall maintain existing access points to the roadway provided by designated streets, graded roads, or driveways.
(c) Upon application or as otherwise agreed to by the department, after construction is completed, property owners with parcels of land having no existing access shall have the right to one access point, and property owners having more than 1 mile of roadway frontage shall be allowed one access point for each mile owned.
(d) Any tolling points must be located such that a nontolled alternative exists for local traffic.
(4) Any tolled facilities are approved turnpike projects that are part of the turnpike system. A controlled-access portion of a roadway constructed pursuant to this section is considered a Strategic Intermodal System facility.
(5) Any existing applicable requirements relating to department projects shall apply to projects undertaken by the department pursuant to this section. The department shall take into consideration the guidance and recommendations of any previous studies or reports relevant to the projects authorized by this section and ss. 339.67 and 339.68, including, but not limited to, the task force reports prepared pursuant to chapter 2019-43, Laws of Florida.
(6) Any existing applicable requirements relating to turnpike projects apply to projects undertaken by the Turnpike Enterprise pursuant to this section. The Turnpike Enterprise shall take into consideration the guidance and recommendations of any previous studies or reports relevant to the projects authorized by this section and ss. 339.67 and 339.68, including, but not limited to, the task force reports prepared pursuant to chapter 2019-43, Laws of Florida, and with respect to any extension of the Florida Turnpike from its northerly terminus in Wildwood.
(7) The department shall consider innovative concepts to combine right-of-way acquisition with the acquisition of lands or easements to facilitate environmental mitigation or ecosystem, wildlife habitat, or water quality protection or restoration.
(8)(a) Decisions on matters such as configuration, project alignment, and interchange locations must be determined in accordance with applicable department rules, policies, and procedures.
(b) To the greatest extent practicable, roadway alignments, project alignment, and interchange locations shall be designed so that project rights-of-way are not located within conservation lands acquired under the Florida Preservation 2000 Act established in s. 259.101 and the Florida Forever Act established in s. 259.105.
(9) Subject to applicability of existing requirements as provided in subsections (5) and (6), projects may be funded through turnpike revenue bonds or right-of-way acquisition and bridge construction bonds or financing by the Florida Department of Transportation Financing Corporation; by advances from the State Transportation Trust Fund; with funds obtained through the creation of public-private partnerships; or any combination thereof. The department also may accept donations of land for use as transportation rights-of-way or to secure or use transportation rights-of-way for such projects in accordance with s. 337.2505. To the extent legally available, any toll revenues from the turnpike system not required for payment of principal, interest, reserves, or other required deposits for bonds; costs of operations and maintenance; other contractual obligations; or system improvement project costs must be used to repay advances received from the State Transportation Trust Fund.
(10) Project construction is not eligible for funding until completion of 30 percent of the design phase, except for projects that are under construction or for which project alignment has been determined.
(11) In accordance with ss. 337.276, 338.227, and 339.0809, the Division of Bond Finance may issue, on behalf of the department, right-of-way acquisition and bridge construction bonds, turnpike revenue bonds, and Florida Department of Transportation Financing Corporation bonds to finance projects as provided in the State Bond Act.
History.s. 9, ch. 2021-161; s. 21, ch. 2021-186.