Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 898
       
       
       
       
       
       
                                Ì4346544Î434654                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2019           .                                
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       The Committee on Infrastructure and Security (Diaz) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  20.23, Florida Statutes, is amended to read:
    7         20.23 Department of Transportation.—There is created a
    8  Department of Transportation which shall be a decentralized
    9  agency.
   10         (2)
   11         (b) The commission shall:
   12         1. Recommend major transportation policies for the
   13  Governor’s approval and assure that approved policies and any
   14  revisions are properly executed.
   15         2. Periodically review the status of the state
   16  transportation system including highway, transit, rail, seaport,
   17  intermodal development, and aviation components of the system
   18  and recommend improvements to the Governor and the Legislature.
   19         3. Perform an in-depth evaluation of the annual department
   20  budget request, the Florida Transportation Plan, and the
   21  tentative work program for compliance with all applicable laws
   22  and established departmental policies. Except as specifically
   23  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
   24  not consider individual construction projects, but shall
   25  consider methods of accomplishing the goals of the department in
   26  the most effective, efficient, and businesslike manner.
   27         4. Monitor the financial status of the department on a
   28  regular basis to assure that the department is managing revenue
   29  and bond proceeds responsibly and in accordance with law and
   30  established policy.
   31         5. Monitor on at least a quarterly basis, the efficiency,
   32  productivity, and management of the department using performance
   33  and production standards developed by the commission pursuant to
   34  s. 334.045.
   35         6. Perform an in-depth evaluation of the factors causing
   36  disruption of project schedules in the adopted work program and
   37  recommend to the Governor and the Legislature methods to
   38  eliminate or reduce the disruptive effects of these factors.
   39         7. Recommend to the Governor and the Legislature
   40  improvements to the department’s organization in order to
   41  streamline and optimize the efficiency of the department. In
   42  reviewing the department’s organization, the commission shall
   43  determine if the current district organizational structure is
   44  responsive to this state’s changing economic and demographic
   45  development patterns. The initial report by the commission must
   46  be delivered to the Governor and the Legislature by December 15,
   47  2000, and each year thereafter, as appropriate. The commission
   48  may retain experts as necessary to carry out this subparagraph,
   49  and the department shall pay the expenses of the experts.
   50         8. Monitor the efficiency, productivity, and management of
   51  the authorities created under chapters 348 and 349, including
   52  any authority formed using part I of chapter 348; the Mid-Bay
   53  Bridge Authority re-created pursuant to chapter 2000-411, Laws
   54  of Florida; and any authority formed under chapter 343. The
   55  commission shall also conduct periodic reviews of each
   56  authority’s operations and budget, acquisition of property,
   57  management of revenue and bond proceeds, and compliance with
   58  applicable laws and generally accepted accounting principles.
   59         Section 2. Subsection (1) of section 112.3144, Florida
   60  Statutes, is amended to read:
   61         112.3144 Full and public disclosure of financial
   62  interests.—
   63         (1)(a) An officer who is required by s. 8, Art. II of the
   64  State Constitution to file a full and public disclosure of his
   65  or her financial interests for any calendar or fiscal year shall
   66  file that disclosure with the Florida Commission on Ethics.
   67  Additionally, beginning January 1, 2015, an officer who is
   68  required to complete annual ethics training pursuant to s.
   69  112.3142 must certify on his or her full and public disclosure
   70  of financial interests that he or she has completed the required
   71  training.
   72         (b)A member of an expressway authority, transportation
   73  authority, bridge authority, or toll authority created pursuant
   74  to chapter 343, chapter 348, or any other general law shall
   75  comply with the applicable financial disclosure requirements of
   76  s. 8, Art. II of the State Constitution.
   77         Section 3. Paragraph (d) of subsection (1) of section
   78  212.055, Florida Statutes, is amended to read:
   79         212.055 Discretionary sales surtaxes; legislative intent;
   80  authorization and use of proceeds.—It is the legislative intent
   81  that any authorization for imposition of a discretionary sales
   82  surtax shall be published in the Florida Statutes as a
   83  subsection of this section, irrespective of the duration of the
   84  levy. Each enactment shall specify the types of counties
   85  authorized to levy; the rate or rates which may be imposed; the
   86  maximum length of time the surtax may be imposed, if any; the
   87  procedure which must be followed to secure voter approval, if
   88  required; the purpose for which the proceeds may be expended;
   89  and such other requirements as the Legislature may provide.
   90  Taxable transactions and administrative procedures shall be as
   91  provided in s. 212.054.
   92         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   93  SURTAX.—
   94         (d)1.Except as set forth in subparagraph 2., proceeds from
   95  the surtax shall be applied to as many or as few of the uses
   96  enumerated below in whatever combination the county commission
   97  deems appropriate:
   98         a.1. Deposited by the county in the trust fund and shall be
   99  used for the purposes of development, construction, equipment,
  100  maintenance, operation, supportive services, including a
  101  countywide bus system, on-demand transportation services, and
  102  related costs of a fixed guideway rapid transit system;
  103         b.2. Remitted by the governing body of the county to an
  104  expressway, transit, or transportation authority created by law
  105  to be used, at the discretion of such authority, for the
  106  development, construction, operation, or maintenance of roads or
  107  bridges in the county, for the operation and maintenance of a
  108  bus system, for the operation and maintenance of on-demand
  109  transportation services, for the payment of principal and
  110  interest on existing bonds issued for the construction of such
  111  roads or bridges, and, upon approval by the county commission,
  112  such proceeds may be pledged for bonds issued to refinance
  113  existing bonds or new bonds issued for the construction of such
  114  roads or bridges;
  115         3. Used by the county for the development, construction,
  116  operation, and maintenance of roads and bridges in the county;
  117  for the expansion, operation, and maintenance of bus and fixed
  118  guideway systems; for the expansion, operation, and maintenance
  119  of on-demand transportation services; and for the payment of
  120  principal and interest on bonds issued for the construction of
  121  fixed guideway rapid transit systems, bus systems, roads, or
  122  bridges; and such proceeds may be pledged by the governing body
  123  of the county for bonds issued to refinance existing bonds or
  124  new bonds issued for the construction of such fixed guideway
  125  rapid transit systems, bus systems, roads, or bridges and no
  126  more than 25 percent used for nontransit uses; and
  127         c.4. Used by the county for the planning, development,
  128  construction, operation, and maintenance of roads and bridges in
  129  the county; for the planning, development, expansion, operation,
  130  and maintenance of bus and fixed guideway systems; for the
  131  planning, development, construction, expansion, operation, and
  132  maintenance of on-demand transportation services; and for the
  133  payment of principal and interest on bonds issued for the
  134  construction of fixed guideway rapid transit systems, bus
  135  systems, roads, or bridges; and such proceeds may be pledged by
  136  the governing body of the county for bonds issued to refinance
  137  existing bonds or new bonds issued for the construction of such
  138  fixed guideway rapid transit systems, bus systems, roads, or
  139  bridges. Pursuant to an interlocal agreement entered into
  140  pursuant to chapter 163, the governing body of the county may
  141  distribute proceeds from the tax to a municipality, or an
  142  expressway or transportation authority created by law to be
  143  expended for the purpose authorized by this paragraph. Any
  144  county that has entered into interlocal agreements for
  145  distribution of proceeds to one or more municipalities in the
  146  county shall revise such interlocal agreements no less than
  147  every 5 years in order to include any municipalities that have
  148  been created since the prior interlocal agreements were
  149  executed.
  150         2.a.Beginning October 1, 2022, and to the extent not
  151  prohibited by contracts or bond covenants in effect on that
  152  date, a county as defined in s. 125.011(1) shall use proceeds of
  153  the surtax only for the following purposes:
  154         (I)The planning, design, engineering, or construction of
  155  fixed guideway rapid transit systems and bus systems, including
  156  bus rapid transit systems, and for the development of dedicated
  157  facilities for autonomous vehicles as defined in s. 316.003.
  158         (II)The acquisition of rights-of-way for fixed guideway
  159  rapid transit systems and bus systems, including bus rapid
  160  transit systems, and for the development of dedicated facilities
  161  for autonomous vehicles as defined in s. 316.003.
  162         (III)The purchase of buses or other capital costs for bus
  163  systems, including bus rapid transit systems.
  164         (IV)The payment of principal and interest on bonds
  165  previously issued related to fixed guideway rapid transit
  166  systems or bus systems.
  167         (V)As security by the governing body of the county to
  168  refinance existing bonds or to issue new bonds for the planning,
  169  design, engineering, or construction of fixed guideway rapid
  170  transit systems, bus rapid transit systems, or bus systems.
  171         b.Effective October 1, 2022, to the extent not prohibited
  172  by contracts or bond covenants in effect on that date, not more
  173  than 25 percent of the surtax proceeds may be distributed to
  174  municipalities in total in a county as defined in s. 125.011(1).
  175  Such municipalities may use the surtax proceeds to plan,
  176  develop, construct, operate, and maintain roads and bridges in
  177  the municipality and to pay the principal and interest on bonds
  178  issued to construct roads or bridges. The governing body of the
  179  municipality may pledge the proceeds for bonds issued to
  180  refinance existing bonds or new bonds issued to construct such
  181  roads or bridges. Additionally, each such municipality may use
  182  surtax proceeds for transit systems within the municipality.
  183         c.Effective October 1, 2022, in a county as defined in s.
  184  125.011(1), proceeds from the surtax may not be used for
  185  salaries or other personnel expenses of the county
  186  transportation department.
  187         Section 4. Subsection (2) of section 215.68, Florida
  188  Statutes, is amended to read:
  189         215.68 Issuance of bonds; form; maturity date, execution,
  190  sale.—
  191         (2) Such bonds may:
  192         (a) Be issued in either coupon form or registered form or
  193  both;
  194         (b) Have such date or dates of issue and such maturities,
  195  not exceeding in any event 40 years from the date of issuance
  196  thereof;
  197         (c) Bear interest at a rate or rates not exceeding the
  198  interest rate limitation set forth in s. 215.84(3);
  199         (d) Have such provisions for registration of coupon bonds
  200  and conversion and reconversion of bonds from coupon to
  201  registered form or from registered form to coupon form;
  202         (e) Have such provisions for payment at maturity and
  203  redemption before prior to maturity at such time or times and at
  204  such price or prices; and
  205         (f) Be payable at such place or places within or without
  206  the state as the board shall determine by resolution.
  207  
  208  The foregoing terms and conditions do not supersede the
  209  limitations provided in chapter 348, part I, relating to the
  210  issuance of bonds.
  211         Section 5. Notwithstanding the repeal of section 319.141,
  212  Florida Statutes, which occurred on July 1, 2018, that section
  213  is revived, reenacted, and amended, to read:
  214         319.141 Pilot Rebuilt motor vehicle inspection program.—
  215         (1) As used in this section, the term:
  216         (a) “Facility” means a rebuilt motor vehicle inspection
  217  facility authorized and operating under this section.
  218         (b) “Rebuilt inspection services” means an examination of a
  219  rebuilt vehicle and a properly endorsed certificate of title,
  220  salvage certificate of title, or manufacturer’s statement of
  221  origin and an application for a rebuilt certificate of title, a
  222  rebuilder’s affidavit, a photograph of the junk or salvage
  223  vehicle taken before repairs began, receipts or invoices for all
  224  major component parts, as defined in s. 319.30, and repairs
  225  which were changed, and proof that notice of rebuilding of the
  226  vehicle has been reported to the National Motor Vehicle Title
  227  Information System.
  228         (2) By July 1, 2015, The department shall oversee a pilot
  229  program in Miami-Dade County to evaluate alternatives to the for
  230  rebuilt inspection services currently provided offered by
  231  existing private sector operators, including the continued use
  232  of private facilities, the cost impact to consumers, and the
  233  potential savings to the department.
  234         (3) The department shall establish a memorandum of
  235  understanding that allows private parties participating in the
  236  pilot program to conduct rebuilt motor vehicle inspections and
  237  specifies requirements for oversight, bonding and insurance,
  238  procedures, and forms and requires the electronic transmission
  239  of documents.
  240         (4) Before an applicant is approved, the department shall
  241  ensure that the applicant meets basic criteria designed to
  242  protect the public. At a minimum, the applicant shall meet all
  243  of the following requirements:
  244         (a) Have and maintain a surety bond or irrevocable letter
  245  of credit in the amount of $100,000 executed by the applicant.
  246         (b) Secure and maintain a facility at a permanent structure
  247  at an address recognized by the United States Postal Service
  248  where the only services provided on such property are rebuilt
  249  inspection services. The operator of a facility shall annually
  250  attest that he or she is not employed by or does not have an
  251  ownership interest in or other financial arrangement with the
  252  owner, operator, manager, or employee of a motor vehicle repair
  253  shop as defined in s. 559.903, a motor vehicle dealer as defined
  254  in s. 320.27(1)(c), a towing company, a vehicle storage company,
  255  a vehicle auction, an insurance company, a salvage yard, a metal
  256  retailer, or a metal rebuilder, from which he or she receives
  257  remuneration, directly or indirectly, for the referral of
  258  customers for rebuilt inspection services.
  259         (c) Have and maintain garage liability and other insurance
  260  required by the department.
  261         (d) Have completed criminal background checks of the
  262  owners, partners, and corporate officers and the inspectors
  263  employed by the facility.
  264         (e) Meet any additional criteria the department determines
  265  necessary to conduct proper inspections.
  266         (5) A participant in the program shall access vehicle and
  267  title information and enter inspection results through an
  268  electronic filing system authorized by the department and shall
  269  maintain records of each rebuilt vehicle inspection processed at
  270  such facility for at least 5 years.
  271         (6) The department shall immediately terminate any operator
  272  from the program who fails to meet the minimum eligibility
  273  requirements specified in subsection (4). Before a change in
  274  ownership of a rebuilt inspection facility, the current operator
  275  must give the department 45 days’ written notice of the intended
  276  sale. The prospective owner must meet the eligibility
  277  requirements of this section and execute a new memorandum of
  278  understanding with the department before operating the facility.
  279         (7) This section is repealed on July 1, 2018, unless saved
  280  from repeal through reenactment by the Legislature.
  281         Section 6. Section 334.175, Florida Statutes, is amended to
  282  read:
  283         334.175 Certification of project design plans and surveys.—
  284         (1) All design plans and surveys prepared by or for the
  285  department shall be signed, sealed, and certified by the
  286  professional engineer or surveyor or architect or landscape
  287  architect in responsible charge of the project work. Such
  288  professional engineer, surveyor, architect, or landscape
  289  architect must be duly registered in this state.
  290         (2)For all transportation projects on, under, over, or
  291  abutting a department-owned right-of-way and regardless of
  292  funding source, the department shall approve the design plans
  293  for such projects if such design plans meet department design
  294  standards.
  295         Section 7. Section 337.025, Florida Statutes, is amended to
  296  read:
  297         337.025 Innovative transportation highway projects;
  298  department to establish program.—
  299         (1) The department may is authorized to establish a program
  300  for transportation highway projects demonstrating innovative
  301  techniques of highway and bridge design, construction,
  302  maintenance, and finance which have the intended effect of
  303  measuring resiliency and structural integrity and controlling
  304  time and cost increases on construction projects. Such
  305  techniques may include, but are not limited to, state-of-the-art
  306  technology for pavement, safety, and other aspects of highway
  307  and bridge design, construction, and maintenance; innovative
  308  bidding and financing techniques; accelerated construction
  309  procedures; and those techniques that have the potential to
  310  reduce project life cycle costs. To the maximum extent
  311  practical, the department must use the existing process to award
  312  and administer construction and maintenance contracts. When
  313  specific innovative techniques are to be used, the department is
  314  not required to adhere to those provisions of law that would
  315  prevent, preclude, or in any way prohibit the department from
  316  using the innovative technique. However, before prior to using
  317  an innovative technique that is inconsistent with another
  318  provision of law, the department must document in writing the
  319  need for the exception and identify what benefits the traveling
  320  public and the affected community are anticipated to receive.
  321  The department may enter into no more than $120 million in
  322  contracts annually for the purposes authorized by this section.
  323         (2) The annual cap on contracts provided in subsection (1)
  324  shall not apply to:
  325         (a) Turnpike enterprise projects, and turnpike enterprise
  326  projects shall not be counted toward the department’s annual
  327  cap.
  328         (b) Transportation projects funded by the American Recovery
  329  and Reinvestment Act of 2009.
  330         Section 8. Subsections (2) and (5) of section 338.165,
  331  Florida Statutes, are amended to read:
  332         338.165 Continuation of tolls.—
  333         (2) If the revenue-producing project is on the State
  334  Highway System, any remaining toll revenue shall be used for the
  335  construction, maintenance, or improvement of any road on the
  336  State Highway System within the county or counties in which the
  337  revenue-producing project is located, except as provided in s.
  338  348.0004.
  339         (5) If the revenue-producing project is on the county road
  340  system, any remaining toll revenue shall be used for the
  341  construction, maintenance, or improvement of any other state or
  342  county road within the county or counties in which the revenue
  343  producing project is located, except as provided in s. 348.0004.
  344         Section 9. Present subsections (5), (6), and (7) of section
  345  338.166, Florida Statutes, are redesignated as subsections (6),
  346  (7), and (8), respectively, and a new subsection (5) is added to
  347  that section, to read:
  348         338.166 High-occupancy toll lanes or express lanes.—
  349         (5)A toll on a high-occupancy toll lane or express lane
  350  located in a county as defined in s. 125.011(1) may not exceed
  351  $5 per trip.
  352         Section 10. Paragraph (a) of subsection (3) of section
  353  338.231, Florida Statutes, is amended to read:
  354         338.231 Turnpike tolls, fixing; pledge of tolls and other
  355  revenues.—The department shall at all times fix, adjust, charge,
  356  and collect such tolls and amounts for the use of the turnpike
  357  system as are required in order to provide a fund sufficient
  358  with other revenues of the turnpike system to pay the cost of
  359  maintaining, improving, repairing, and operating such turnpike
  360  system; to pay the principal of and interest on all bonds issued
  361  to finance or refinance any portion of the turnpike system as
  362  the same become due and payable; and to create reserves for all
  363  such purposes.
  364         (3)(a) For the period July 1, 1998, through June 30, 2027,
  365  The department shall, to the maximum extent feasible, program
  366  sufficient funds in the tentative work program such that all of
  367  the percentage of turnpike toll and bond financed commitments in
  368  Miami-Dade County, Broward County, and Palm Beach County as
  369  compared to total turnpike toll and bond financed commitments
  370  shall be at least 90 percent of the share of net toll
  371  collections attributable to users of the turnpike facilities
  372  system in Miami-Dade County, Broward County, and Palm Beach
  373  County are committed to projects and bond finance commitments in
  374  each respective county as compared to total net toll collections
  375  attributable to users of the turnpike system. This paragraph
  376  subsection does not apply when the application of such
  377  requirements would violate any covenant established in a
  378  resolution or trust indenture relating to the issuance of
  379  turnpike bonds. The department may at any time for economic
  380  considerations establish lower temporary toll rates for a new or
  381  existing toll facility for a period not to exceed 1 year, after
  382  which the toll rates adopted pursuant to s. 120.54 shall become
  383  effective.
  384         Section 11. Effective upon this act becoming a law, section
  385  338.271, Florida Statutes, is created to read:
  386         338.271Facilities of the former Miami-Dade County
  387  Expressway Authority.—
  388         (1)The department shall assume the assets and liabilities
  389  of the Miami-Dade County Expressway Authority.
  390         (2)(a)The department shall continue the system of tolls of
  391  the facilities for the former Miami-Dade County Expressway
  392  Authority until any outstanding bond obligations related to a
  393  facility on the former Miami-Dade County Expressway System are
  394  fully discharged.
  395         (b)Notwithstanding s. 338.165(1), the department may not
  396  collect tolls on a facility of the former Miami-Dade County
  397  Expressway Authority after the discharge of any bond obligations
  398  that are outstanding as of July 1, 2018.
  399         (3)Notwithstanding s. 338.165(3), the department may not
  400  increase toll rates on facilities of the former Miami-Dade
  401  County Expressway Authority except as required by bond
  402  covenants.
  403         (4)(a)Fees generated from tolls shall be deposited into
  404  the State Transportation Trust Fund and may be used to:
  405         1.Reimburse outstanding contractual obligations.
  406         2.Operate and maintain the highways and toll facilities,
  407  including reconstruction and restoration, such that these
  408  facilities are maintained to department standards.
  409         3.Pay for projects funded by toll revenues from the former
  410  Miami-Dade County Expressway Authority which are contained in
  411  the 5-year work program adopted by the Miami-Dade County
  412  Expressway Authority on December 5, 2018.
  413         (b)Revenues generated annually in excess of those required
  414  to pay the expenses in paragraph (a) shall be used by the
  415  department to fund transportation projects in the area served by
  416  the former Miami-Dade County Expressway Authority.
  417         (5)Notwithstanding any other provision of law to the
  418  contrary, the facilities of the former Miami-Dade County
  419  Expressway Authority may not become part of the Florida Turnpike
  420  Enterprise and are not subject to the Florida Turnpike
  421  Enterprise Law.
  422         Section 12. Subsection (6) of section 343.1003, Florida
  423  Statutes, is amended to read:
  424         343.1003 Northeast Florida Regional Transportation
  425  Commission.—
  426         (6) Notwithstanding s. 112.3144(1)(b) s. 348.0003(4)(c),
  427  members of the board shall file a statement of financial
  428  interests interest with the Commission on Ethics pursuant to s.
  429  112.3145.
  430         Section 13. Part I of chapter 348, Florida Statutes,
  431  consisting of sections 348.0001, 348.0002, 348.0003, 348.0004,
  432  348.0005, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011,
  433  348.00115, and 348.0012, is repealed.
  434         Section 14. (1)Effective upon this act becoming a law, the
  435  governance and control of the Miami-Dade County Expressway
  436  Authority is transferred to the Department of Transportation
  437  pursuant to the terms of this section. The assets, facilities,
  438  tangible and intangible property and any rights in such
  439  property, and any other legal rights of the authority, including
  440  the expressway system operated by the authority, are transferred
  441  to the department. The department succeeds to all powers of the
  442  authority, and the operations and maintenance of the expressway
  443  system shall be under the control of the department. Revenues
  444  collected on the expressway system shall be considered
  445  department revenues but shall be subject to the lien of the
  446  trust indentures securing the Miami-Dade County Expressway
  447  Authority bonds. The department also assumes all liability for
  448  bonds of the authority pursuant to subsection (2). The
  449  department shall, in consultation with the Division of Bond
  450  Finance, review all other contracts, financial obligations, and
  451  contractual relationships and liabilities of the authority, and
  452  the department may assume responsibility for the obligations
  453  that are determined to be necessary or desirable for the
  454  continued operation of the expressway system. Employees,
  455  officers, and members of the authority may not sell, dispose,
  456  encumber, transfer, or expend the assets of the authority as
  457  existed and reflected in the authority’s financial statements
  458  for the fiscal year ended June 30, 2018, other than in the
  459  ordinary course of business. For purposes of this section,
  460  incurring debt or issuing bonds for projects contained in the 5
  461  year work program approved and adopted by the authority on
  462  December 5, 2018, is not considered the ordinary course of
  463  business. Notwithstanding the foregoing, nothing contained
  464  herein shall prevent the authority from designing and planning
  465  projects contained in the 5-year work program approved and
  466  adopted by the authority on December 5, 2018.
  467         (2)The transfer pursuant to this section is subject to all
  468  terms and covenants provided for the protection of the holders
  469  of the Miami-Dade County Expressway Authority bonds in the trust
  470  indentures or resolutions adopted in connection with the
  471  issuance of such bonds. Further, the transfer does not impair
  472  the terms of the contract between the authority and the
  473  bondholders, does not act to the detriment of the bondholders,
  474  and does not diminish the security for the bonds. After the
  475  transfer, the department shall operate and maintain the
  476  expressway system and any other facilities of the authority in
  477  accordance with the terms, conditions, and covenants contained
  478  in the trust indentures or bond resolutions securing such bonds.
  479  The department shall collect toll revenues and apply them to the
  480  payment of debt service as provided in the trust indentures or
  481  bond resolutions securing such bonds and expressly assumes all
  482  obligations relating to the bonds to ensure that the transfer of
  483  the authority will have no adverse impact on the security for
  484  the bonds of the authority.
  485         (3)After the transfer, the department shall consider
  486  refinancing all or a portion of outstanding Miami-Dade County
  487  Expressway Authority bonds if doing so would result in net cost
  488  savings. Any resulting cost savings shall be used to reduce toll
  489  rates.
  490         (4)The department shall use the unencumbered cash balances
  491  transferred under this section to prepay or defease outstanding
  492  Miami-Dade County Expressway Authority bonds or debts to the
  493  extent allowed by or consistent with the terms and covenants
  494  provided for the protection of the holders of the Miami-Dade
  495  County Expressway Authority bonds in the trust indentures or
  496  resolutions adopted in connection with the issuance of such
  497  bonds.
  498         (5)The department must display signs showing the date on
  499  or year in which the bonds will be paid. Such signs must be
  500  placed near the roadway signage that displays the toll rates.
  501         (6)By October 1 of each year beginning in 2020, the
  502  department shall provide a report to the Miami-Dade County Board
  503  of County Commissioners and the Miami-Dade County Transportation
  504  Planning Organization detailing the toll collections, costs, and
  505  net revenues collected from the expressway system and turnpike
  506  operations in Miami-Dade County. The report shall include
  507  details on projects funded and scheduled to be funded by toll
  508  revenues, including revenues of the Florida Turnpike Enterprise,
  509  in Miami-Dade County.
  510         Section 15. Section 348.635, Florida Statutes, is created
  511  to read:
  512         348.635Public-private partnership.—The Legislature
  513  declares that there is a public need for the rapid construction
  514  of safe and efficient transportation facilities for traveling
  515  within this state and that it is in the public’s interest to
  516  provide for public-private partnership agreements to effectuate
  517  the construction of additional safe, convenient, and economical
  518  transportation facilities.
  519         (1)Notwithstanding any other provision of this part, the
  520  authority may receive or solicit proposals and enter into
  521  agreements with private entities, or consortia thereof, for the
  522  building, operation, ownership, or financing of authority
  523  transportation facilities or new transportation facilities
  524  within the jurisdiction of the authority which increase
  525  transportation capacity. The authority may not sell or lease any
  526  transportation facility owned by the authority without providing
  527  the analysis required in s. 334.30(6)(e)2. to the Legislative
  528  Budget Commission created pursuant to s. 11.90 for review and
  529  approval before awarding a contract on a lease of an existing
  530  toll facility. The authority may adopt rules to implement this
  531  section and shall, by rule, establish an application fee for the
  532  submission of unsolicited proposals under this section. The fee
  533  must be sufficient to pay the costs of evaluating the proposals.
  534  The authority may engage private consultants to assist in the
  535  evaluation. Before approval, the authority must determine that a
  536  proposed project:
  537         (a)Is in the public’s best interest.
  538         (b)Would not require state funds to be used unless the
  539  project is on or provides increased mobility on the State
  540  Highway System.
  541         (c)Would have adequate safeguards to ensure that no
  542  additional costs or service disruptions would be realized by the
  543  traveling public and residents of the state in the event of
  544  default or the cancellation of the agreement by the authority.
  545         (d)Would have adequate safeguards in place to ensure that
  546  the department, the authority, or the private entity has the
  547  opportunity to add capacity to the proposed project and other
  548  transportation facilities serving similar origins and
  549  destinations.
  550         (e)Would be owned by the authority upon completion or
  551  termination of the agreement.
  552         (2)The authority shall ensure that all reasonable costs to
  553  the state which are related to transportation facilities that
  554  are not part of the State Highway System are borne by the
  555  private entity. The authority shall also ensure that all
  556  reasonable costs to the state and substantially affected local
  557  governments and utilities related to the private transportation
  558  facility are borne by the private entity for transportation
  559  facilities that are owned by private entities. For projects on
  560  the State Highway System, the department may use state resources
  561  to participate in funding and financing the project as provided
  562  for under the department’s enabling legislation.
  563         (3)The authority may request proposals for public-private
  564  transportation projects or, if it receives an unsolicited
  565  proposal, it must publish a notice in the Florida Administrative
  566  Register and a newspaper of general circulation in the county in
  567  which it is located at least once a week for 2 weeks stating
  568  that it has received the proposal and will accept, for 60 days
  569  after the initial date of publication, other proposals for the
  570  same project purpose. A copy of the notice must be mailed to
  571  each local government in the affected areas. After the public
  572  notification period has expired, the authority shall rank the
  573  proposals in order of preference. In ranking the proposals, the
  574  authority shall consider professional qualifications, general
  575  business terms, innovative engineering or cost-reduction terms,
  576  finance plans, and the need for state funds to deliver the
  577  proposal. If the authority is not satisfied with the results of
  578  the negotiations, it may, at its sole discretion, terminate
  579  negotiations with the proposer. If these negotiations are
  580  unsuccessful, the authority may go to the second and lower
  581  ranked firms, in order, using the same procedure. If only one
  582  proposal is received, the authority may negotiate in good faith,
  583  and if it is not satisfied with the results, it may, at its sole
  584  discretion, terminate negotiations with the proposer. The
  585  authority may, at its discretion, reject all proposals at any
  586  point in the process up to completion of a contract with the
  587  proposer.
  588         (4)Agreements entered into pursuant to this section may
  589  authorize the public-private entity to impose tolls or fares for
  590  the use of the facility. However, the amount and use of toll or
  591  fare revenues shall be regulated by the authority to avoid
  592  unreasonable costs to users of the facility.
  593         (5)Each public-private transportation facility constructed
  594  pursuant to this section shall comply with all requirements of
  595  federal, state, and local laws; state, regional, and local
  596  comprehensive plans; the authority’s rules, policies,
  597  procedures, and standards for transportation facilities; and any
  598  other conditions that the authority determines to be in the
  599  public’s best interest.
  600         (6)The authority may exercise any power possessed by it,
  601  including eminent domain, to facilitate the development and
  602  construction of transportation projects pursuant to this
  603  section. The authority may pay all or part of the cost of
  604  operating and maintaining the facility or may provide services
  605  to the private entity for which it receives full or partial
  606  reimbursement for services rendered.
  607         (7)Except as herein provided, this section is not intended
  608  to amend existing laws by granting additional powers to or
  609  further restricting the governmental entities from regulating
  610  and entering into cooperative arrangements with the private
  611  sector for the planning, construction, and operation of
  612  transportation facilities.
  613         Section 16. Section 348.7605, Florida Statutes, is created
  614  to read:
  615         348.7605Public-private partnership.—The Legislature
  616  declares that there is a public need for the rapid construction
  617  of safe and efficient transportation facilities for traveling
  618  within this state and that it is in the public’s interest to
  619  provide for public-private partnership agreements to effectuate
  620  the construction of additional safe, convenient, and economical
  621  transportation facilities.
  622         (1)Notwithstanding any other provision of this part, the
  623  authority may receive or solicit proposals and enter into
  624  agreements with private entities, or consortia thereof, for the
  625  building, operation, ownership, or financing of authority
  626  transportation facilities or new transportation facilities
  627  within the jurisdiction of the authority which increase
  628  transportation capacity. The authority may not sell or lease any
  629  transportation facility owned by the authority without providing
  630  the analysis required in s. 334.30(6)(e)2. to the Legislative
  631  Budget Commission created pursuant to s. 11.90 for review and
  632  approval before awarding a contract on a lease of an existing
  633  toll facility. The authority may adopt rules to implement this
  634  section and shall, by rule, establish an application fee for the
  635  submission of unsolicited proposals under this section. The fee
  636  must be sufficient to pay the costs of evaluating the proposals.
  637  The authority may engage private consultants to assist in the
  638  evaluation. Before approval, the authority must determine that a
  639  proposed project:
  640         (a)Is in the public’s best interest.
  641         (b)Would not require state funds to be used unless the
  642  project is on or provides increased mobility on the State
  643  Highway System.
  644         (c)Would have adequate safeguards to ensure that no
  645  additional costs or service disruptions would be realized by the
  646  traveling public and residents of the state in the event of
  647  default or the cancellation of the agreement by the authority.
  648         (d)Would have adequate safeguards in place to ensure that
  649  the department, the authority, or the private entity has the
  650  opportunity to add capacity to the proposed project and other
  651  transportation facilities serving similar origins and
  652  destinations.
  653         (e)Would be owned by the authority upon completion or
  654  termination of the agreement.
  655         (2)The authority shall ensure that all reasonable costs to
  656  the state which are related to transportation facilities that
  657  are not part of the State Highway System are borne by the
  658  private entity. The authority shall also ensure that all
  659  reasonable costs to the state and substantially affected local
  660  governments and utilities related to the private transportation
  661  facility are borne by the private entity for transportation
  662  facilities that are owned by private entities. For projects on
  663  the State Highway System, the department may use state resources
  664  to participate in funding and financing the project as provided
  665  for under the department’s enabling legislation.
  666         (3)The authority may request proposals for public-private
  667  transportation projects or, if it receives an unsolicited
  668  proposal, it must publish a notice in the Florida Administrative
  669  Register and a newspaper of general circulation in the county in
  670  which it is located at least once a week for 2 weeks stating
  671  that it has received the proposal and will accept, for 60 days
  672  after the initial date of publication, other proposals for the
  673  same project purpose. A copy of the notice must be mailed to
  674  each local government in the affected areas. After the public
  675  notification period has expired, the authority shall rank the
  676  proposals in order of preference. In ranking the proposals, the
  677  authority shall consider professional qualifications, general
  678  business terms, innovative engineering or cost-reduction terms,
  679  finance plans, and the need for state funds to deliver the
  680  proposal. If the authority is not satisfied with the results of
  681  the negotiations, it may, at its sole discretion, terminate
  682  negotiations with the proposer. If these negotiations are
  683  unsuccessful, the authority may go to the second and lower
  684  ranked firms, in order, using the same procedure. If only one
  685  proposal is received, the authority may negotiate in good faith,
  686  and if it is not satisfied with the results, it may, at its sole
  687  discretion, terminate negotiations with the proposer. The
  688  authority may, at its discretion, reject all proposals at any
  689  point in the process up to completion of a contract with the
  690  proposer.
  691         (4)Agreements entered into pursuant to this section may
  692  authorize the public-private entity to impose tolls or fares for
  693  the use of the facility. However, the amount and use of toll or
  694  fare revenues shall be regulated by the authority to avoid
  695  unreasonable costs to users of the facility.
  696         (5)Each public-private transportation facility constructed
  697  pursuant to this section shall comply with all requirements of
  698  federal, state, and local laws; state, regional, and local
  699  comprehensive plans; the authority’s rules, policies,
  700  procedures, and standards for transportation facilities; and any
  701  other conditions that the authority determines to be in the
  702  public’s best interest.
  703         (6)The authority may exercise any power possessed by it,
  704  including eminent domain, to facilitate the development and
  705  construction of transportation projects pursuant to this
  706  section. The authority may pay all or part of the cost of
  707  operating and maintaining the facility or may provide services
  708  to the private entity for which it receives full or partial
  709  reimbursement for services rendered.
  710         (7)Except as herein provided, this section is not intended
  711  to amend existing laws by granting additional powers to or
  712  further restricting the governmental entities from regulating
  713  and entering into cooperative arrangements with the private
  714  sector for the planning, construction, and operation of
  715  transportation facilities.
  716         Section 17. Pursuant to section 20 of chapter 2014-171,
  717  Laws of Florida, part V of chapter 348, Florida Statutes,
  718  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
  719  348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and
  720  348.9961, is repealed.
  721         Section 18. Except as otherwise expressly provided in this
  722  act and except for this section, which shall take effect upon
  723  this act becoming a law, this act shall take effect July 1,
  724  2019.
  725  
  726  ================= T I T L E  A M E N D M E N T ================
  727  And the title is amended as follows:
  728         Delete everything before the enacting clause
  729  and insert:
  730                        A bill to be entitled                      
  731         An act relating to transportation; amending s. 20.23,
  732         F.S.; conforming provisions to changes made by the
  733         act; amending s. 112.3144, F.S.; deleting an obsolete
  734         provision; requiring members of certain authorities to
  735         comply with certain financial disclosure requirements;
  736         amending s. 212.055, F.S.; revising the required uses
  737         of proceeds from charter county and regional
  738         transportation system surtaxes; requiring certain
  739         counties to use surtax proceeds for purposes related
  740         to fixed guideway rapid transit systems, bus systems,
  741         and development of dedicated facilities for autonomous
  742         vehicles; authorizing the use of surtax proceeds for
  743         the purchase of rights-of-way under certain
  744         circumstances; authorizing the use of surtax proceeds
  745         for refinancing existing or issuing new bonds;
  746         authorizing a percentage of surtax proceeds to be
  747         distributed to certain municipalities to be used for
  748         certain purposes; prohibiting the use of such proceeds
  749         for certain purposes; amending s. 215.68, F.S.;
  750         conforming provisions to changes made by the act;
  751         reviving, reenacting, and amending s. 319.141, F.S.;
  752         requiring the Department of Highway Safety and Motor
  753         Vehicles to oversee a program, rather than a pilot
  754         program, to evaluate alternatives to certain rebuilt
  755         inspection services; deleting obsolete provisions;
  756         amending s. 334.175, F.S.; requiring the Department of
  757         Transportation to approve design plans for all
  758         transportation projects relating to department-owned
  759         rights-of-way under certain circumstances; amending s.
  760         337.025, F.S.; authorizing the department to establish
  761         a program for transportation projects that demonstrate
  762         certain innovative techniques for measuring resiliency
  763         and structural integrity and controlling time and cost
  764         increases; amending s. 338.165, F.S.; conforming
  765         provisions to changes made by the act; amending s.
  766         338.166, F.S.; limiting the toll rate for high
  767         occupancy toll lanes or express lanes in certain
  768         counties; amending s. 338.231, F.S.; requiring the
  769         department to commit all net toll collections
  770         attributable to users of turnpike facilities in
  771         certain counties to projects and bond finance
  772         commitments in each respective county; creating s.
  773         338.271, F.S.; requiring the department to assume the
  774         assets and liabilities of the former Miami-Dade County
  775         Expressway Authority; requiring the department to
  776         continue tolls on certain facilities until bond
  777         obligations are fully discharged; prohibiting certain
  778         toll increases on former authority facilities;
  779         requiring specified fees to be deposited in a
  780         specified trust fund to be used for specified
  781         purposes; providing for the use of excess revenues;
  782         prohibiting facilities of the former authority from
  783         becoming facilities of the Florida Turnpike
  784         Enterprise; providing that such facilities are not
  785         subject to the Florida Turnpike Enterprise Law;
  786         amending s. 343.1003, F.S.; revising a cross
  787         reference; repealing part I of chapter 348, F.S.,
  788         relating to the creation and operation of the Florida
  789         Expressway Authority Act; transferring the assets and
  790         liabilities of the Miami-Dade County Expressway
  791         Authority to the department; providing terms of the
  792         transfer; providing that the department succeeds to
  793         all powers of the authority; providing that revenues
  794         collected on the expressway system are department
  795         revenues; requiring the department, in consultation
  796         with the Division of Bond Finance, to review certain
  797         documents of the authority; providing terms and
  798         conditions of the transfer; providing requirements for
  799         the use of cost savings and unencumbered cash
  800         balances; requiring the department to display certain
  801         signs; requiring an annual report to the Miami-Dade
  802         County Board of County Commissioners and the Miami
  803         Dade County Transportation Planning Organization;
  804         creating ss. 348.635 and 348.7605, F.S.; providing a
  805         legislative declaration; authorizing the Tampa
  806         Hillsborough County Expressway Authority and the
  807         Central Florida Expressway Authority, respectively, to
  808         enter into public-private partnership agreements;
  809         authorizing solicitation or receipt of certain
  810         proposals; providing rulemaking authority; providing
  811         approval requirements; requiring certain costs to be
  812         borne by the private entity; providing notice
  813         requirements for requests for proposals; providing for
  814         ranking and negotiation of proposals; requiring the
  815         authorities to regulate tolls on certain facilities;
  816         requiring compliance with specified laws, rules, and
  817         conditions; providing for development, construction,
  818         operation, and maintenance of transportation projects
  819         by the authorities or private entities; providing
  820         construction; repealing part V of ch. 348, F.S.,
  821         relating to the Osceola County Expressway Authority
  822         Law; providing effective dates.