June 27, 2019
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       Florida Senate - 2010                      CS for CS for SB 1842
       
       
       
       By the Committees on Community Affairs; and Transportation; and
       Senators Bennett and Lynn
       
       
       
       578-04906-10                                          20101842c2
    1                        A bill to be entitled                      
    2         An act relating to transportation projects; creating
    3         s. 335.199, F.S.; directing the Department of
    4         Transportation to notify certain property owners and
    5         local governmental entities of certain proposed
    6         projects before finalizing the design of certain
    7         transportation projects; providing a timeframe for
    8         notification; requiring the department to hold a
    9         public hearing and receive public input regarding the
   10         effects of the project on local businesses; directing
   11         the department to consider the comments in the final
   12         design of the project; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 335.199, Florida Statutes, is created to
   17  read:
   18         335.199 Transportation projects modifying access to
   19  adjacent property.—
   20         (1) Whenever the Department of Transportation proposes any
   21  project on the State Highway System which will divide a state
   22  highway, erect median barriers modifying currently available
   23  vehicle turning movements, or have the effect of closing or
   24  modifying an existing access to an abutting property owner, the
   25  department shall notify all affected property owners,
   26  municipalities, and counties at least 180 days before the design
   27  of the project is finalized. The department’s notice shall
   28  provide a written explanation regarding the need for the project
   29  and indicate that all affected parties will be given an
   30  opportunity to provide comments to the department regarding
   31  potential impacts of the change.
   32         (2)(a) If the project is within the boundaries of a
   33  municipality, the notification shall be issued in writing to the
   34  chief elected official of the municipality. If the project is in
   35  the unincorporated area of a county, the notification shall be
   36  issued in writing to the chief elected official of the county.
   37         (b) The department must also consult with the applicable
   38  local government on its final design proposal if the department
   39  intends to divide a state highway, erect median barriers, or
   40  close or modify existing access to abutting commercial business
   41  properties. The local government may present the department with
   42  alternatives that relieve impacts to such business properties.
   43         (3) The department shall hold at least one public hearing
   44  in the jurisdiction where the project is located and receive
   45  public input to determine how the project will affect access to
   46  businesses and the potential economic impact of the project on
   47  the local business community.
   48         (4) The department must review all comments from the public
   49  hearing and take the comments and any alternatives presented by
   50  a local government under subsection (2) into consideration in
   51  the final design of the highway project.
   52         Section 2. This act shall take effect July 1, 2010.

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