Florida Senate - 2019                                     SB 898
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00542A-19                                           2019898__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; conforming provisions to changes made by the
    4         act; amending s. 212.055, F.S.; revising the
    5         authorized uses of proceeds from charter county and
    6         regional transportation system surtaxes; amending s.
    7         215.68, F.S.; conforming provisions to changes made by
    8         the act; reviving, reenacting, and amending s.
    9         319.141, F.S.; requiring the Department of Highway
   10         Safety and Motor Vehicles to oversee a program for
   11         authorization of alternatives to private-sector
   12         rebuilt motor vehicle inspection services; deleting
   13         obsolete provisions; amending s. 334.046, F.S.;
   14         revising the preservation goals of the Department of
   15         Transportation to include ensuring that all work on
   16         the State Highway System meets department standards;
   17         amending s. 334.175, F.S.; requiring the department to
   18         approve design plans for all transportation projects
   19         relating to department-owned rights-of-way under
   20         certain circumstances; amending s. 337.025, F.S.;
   21         authorizing the department to establish a program for
   22         transportation projects that demonstrate certain
   23         innovative techniques for measuring resiliency and
   24         structural integrity and controlling time and cost
   25         increases; amending s. 337.25, F.S.; providing
   26         conditions for repurchase by the previous property
   27         owner of certain real or personal property acquired by
   28         the department; providing for disposal of such
   29         property under certain circumstances; amending s.
   30         338.165, F.S.; prohibiting the department from
   31         collecting tolls on facilities of the former Miami
   32         Dade County Expressway Authority after the discharge
   33         of bond obligations; deleting cross-references;
   34         requiring the department to acquire the assets and
   35         assume the liabilities of the authority; providing
   36         construction; amending s. 338.166, F.S.; prohibiting
   37         the department from using toll revenues from high
   38         occupancy toll lanes or express lanes to offset
   39         certain funding; limiting tolls on high-occupancy toll
   40         lanes or express lanes in certain counties; amending
   41         s. 338.231, F.S.; requiring the department to commit
   42         all net toll collections attributable to users of
   43         turnpike facilities in certain counties to projects
   44         and bond finance commitments in such counties;
   45         amending s. 339.175, F.S.; revising the membership
   46         criteria of the metropolitan planning organization in
   47         certain counties; repealing s. 339.176, F.S., relating
   48         to voting membership for certain metropolitan planning
   49         organizations; amending s. 343.1003, F.S.; deleting a
   50         cross-reference; repealing part I of ch. 348, F.S.,
   51         relating to the creation and operation of the Florida
   52         Expressway Authority Act; transferring the assets and
   53         liabilities of the Miami-Dade County Expressway
   54         Authority to the department; creating ss. 348.635 and
   55         348.7605, F.S.; providing a legislative declaration;
   56         authorizing the Tampa-Hillsborough County Expressway
   57         Authority and the Central Florida Expressway Authority
   58         to enter into public-private partnership agreements;
   59         authorizing solicitation or receipt of certain
   60         proposals; providing rulemaking authority; providing
   61         approval requirements; requiring certain costs to be
   62         borne by the private entity; providing notice
   63         requirements for requests for proposals; providing for
   64         ranking and negotiation of proposals; requiring the
   65         authorities to regulate tolls on certain facilities;
   66         requiring compliance with specified laws, rules, and
   67         conditions; providing for development, construction,
   68         operation, and maintenance of transportation projects
   69         by the authorities or private entities; providing
   70         construction; repealing part V of ch. 348, F.S.,
   71         relating to the Osceola County Expressway Authority
   72         Law; providing effective dates.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Paragraph (b) of subsection (2) of section
   77  20.23, Florida Statutes, is amended to read:
   78         20.23 Department of Transportation.—There is created a
   79  Department of Transportation which shall be a decentralized
   80  agency.
   81         (2)
   82         (b) The commission shall:
   83         1. Recommend major transportation policies for the
   84  Governor’s approval and assure that approved policies and any
   85  revisions are properly executed.
   86         2. Periodically review the status of the state
   87  transportation system including highway, transit, rail, seaport,
   88  intermodal development, and aviation components of the system
   89  and recommend improvements to the Governor and the Legislature.
   90         3. Perform an in-depth evaluation of the annual department
   91  budget request, the Florida Transportation Plan, and the
   92  tentative work program for compliance with all applicable laws
   93  and established departmental policies. Except as specifically
   94  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
   95  not consider individual construction projects, but shall
   96  consider methods of accomplishing the goals of the department in
   97  the most effective, efficient, and businesslike manner.
   98         4. Monitor the financial status of the department on a
   99  regular basis to assure that the department is managing revenue
  100  and bond proceeds responsibly and in accordance with law and
  101  established policy.
  102         5. Monitor on at least a quarterly basis, the efficiency,
  103  productivity, and management of the department using performance
  104  and production standards developed by the commission pursuant to
  105  s. 334.045.
  106         6. Perform an in-depth evaluation of the factors causing
  107  disruption of project schedules in the adopted work program and
  108  recommend to the Governor and the Legislature methods to
  109  eliminate or reduce the disruptive effects of these factors.
  110         7. Recommend to the Governor and the Legislature
  111  improvements to the department’s organization in order to
  112  streamline and optimize the efficiency of the department. In
  113  reviewing the department’s organization, the commission shall
  114  determine if the current district organizational structure is
  115  responsive to this state’s changing economic and demographic
  116  development patterns. The initial report by the commission must
  117  be delivered to the Governor and the Legislature by December 15,
  118  2000, and each year thereafter, as appropriate. The commission
  119  may retain experts as necessary to carry out this subparagraph,
  120  and the department shall pay the expenses of the experts.
  121         8. Monitor the efficiency, productivity, and management of
  122  the authorities created under chapters 348 and 349, including
  123  any authority formed using part I of chapter 348; the Mid-Bay
  124  Bridge Authority re-created pursuant to chapter 2000-411, Laws
  125  of Florida; and any authority formed under chapter 343. The
  126  commission shall also conduct periodic reviews of each
  127  authority’s operations and budget, acquisition of property,
  128  management of revenue and bond proceeds, and compliance with
  129  applicable laws and generally accepted accounting principles.
  130         Section 2. Effective July 1, 2022, paragraphs (d) and (e)
  131  of subsection (1) of section 212.055, Florida Statutes, are
  132  amended to read:
  133         212.055 Discretionary sales surtaxes; legislative intent;
  134  authorization and use of proceeds.—It is the legislative intent
  135  that any authorization for imposition of a discretionary sales
  136  surtax shall be published in the Florida Statutes as a
  137  subsection of this section, irrespective of the duration of the
  138  levy. Each enactment shall specify the types of counties
  139  authorized to levy; the rate or rates which may be imposed; the
  140  maximum length of time the surtax may be imposed, if any; the
  141  procedure which must be followed to secure voter approval, if
  142  required; the purpose for which the proceeds may be expended;
  143  and such other requirements as the Legislature may provide.
  144  Taxable transactions and administrative procedures shall be as
  145  provided in s. 212.054.
  146         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
  147  SURTAX.—
  148         (d) To the extent not prohibited by contracts or bond
  149  covenants, proceeds from the surtax shall be used only for the
  150  following purposes:
  151         1.The planning, design, engineering, or construction of,
  152  or the acquisition of rights-of-way for, fixed-guideway rapid
  153  transit systems and bus systems, including bus rapid transit
  154  systems, and for the development of dedicated facilities for
  155  autonomous vehicles as defined in s. 316.003.
  156         2.The purchase of buses or other capital costs for bus
  157  systems, including bus rapid transit systems.
  158         3.The payment of principal and interest on bonds
  159  previously issued related to fixed-guideway rapid transit
  160  systems or bus systems.
  161         4.As security by the governing body of the county to
  162  refinance existing bonds or to issue new bonds for the planning,
  163  design, engineering, or construction of fixed-guideway rapid
  164  transit systems, bus rapid transit systems, or bus systems.
  165  
  166  Proceeds from the surtax may not be used for salaries or other
  167  personnel expenses for any governmental entity receiving these
  168  funds. shall be applied to as many or as few of the uses
  169  enumerated below in whatever combination the county commission
  170  deems appropriate:
  171         1.Deposited by the county in the trust fund and shall be
  172  used for the purposes of development, construction, equipment,
  173  maintenance, operation, supportive services, including a
  174  countywide bus system, on-demand transportation services, and
  175  related costs of a fixed guideway rapid transit system;
  176         2.Remitted by the governing body of the county to an
  177  expressway, transit, or transportation authority created by law
  178  to be used, at the discretion of such authority, for the
  179  development, construction, operation, or maintenance of roads or
  180  bridges in the county, for the operation and maintenance of a
  181  bus system, for the operation and maintenance of on-demand
  182  transportation services, for the payment of principal and
  183  interest on existing bonds issued for the construction of such
  184  roads or bridges, and, upon approval by the county commission,
  185  such proceeds may be pledged for bonds issued to refinance
  186  existing bonds or new bonds issued for the construction of such
  187  roads or bridges;
  188         3.Used by the county for the development, construction,
  189  operation, and maintenance of roads and bridges in the county;
  190  for the expansion, operation, and maintenance of bus and fixed
  191  guideway systems; for the expansion, operation, and maintenance
  192  of on-demand transportation services; and for the payment of
  193  principal and interest on bonds issued for the construction of
  194  fixed guideway rapid transit systems, bus systems, roads, or
  195  bridges; and such proceeds may be pledged by the governing body
  196  of the county for bonds issued to refinance existing bonds or
  197  new bonds issued for the construction of such fixed guideway
  198  rapid transit systems, bus systems, roads, or bridges and no
  199  more than 25 percent used for nontransit uses; and
  200         4.Used by the county for the planning, development,
  201  construction, operation, and maintenance of roads and bridges in
  202  the county; for the planning, development, expansion, operation,
  203  and maintenance of bus and fixed guideway systems; for the
  204  planning, development, construction, operation, and maintenance
  205  of on-demand transportation services; and for the payment of
  206  principal and interest on bonds issued for the construction of
  207  fixed guideway rapid transit systems, bus systems, roads, or
  208  bridges; and such proceeds may be pledged by the governing body
  209  of the county for bonds issued to refinance existing bonds or
  210  new bonds issued for the construction of such fixed guideway
  211  rapid transit systems, bus systems, roads, or bridges. Pursuant
  212  to an interlocal agreement entered into pursuant to chapter 163,
  213  the governing body of the county may distribute proceeds from
  214  the tax to a municipality, or an expressway or transportation
  215  authority created by law to be expended for the purpose
  216  authorized by this paragraph. Any county that has entered into
  217  interlocal agreements for distribution of proceeds to one or
  218  more municipalities in the county shall revise such interlocal
  219  agreements no less than every 5 years in order to include any
  220  municipalities that have been created since the prior interlocal
  221  agreements were executed.
  222         (e)As used in this subsection, the term “on-demand
  223  transportation services” means transportation provided between
  224  flexible points of origin and destination selected by individual
  225  users with such service being provided at a time that is agreed
  226  upon by the user and the provider of the service and that is not
  227  fixed-schedule or fixed-route in nature.
  228         Section 3. Subsection (2) of section 215.68, Florida
  229  Statutes, is amended to read:
  230         215.68 Issuance of bonds; form; maturity date, execution,
  231  sale.—
  232         (2) Such bonds may:
  233         (a) Be issued in either coupon form or registered form or
  234  both;
  235         (b) Have such date or dates of issue and such maturities,
  236  not exceeding in any event 40 years from the date of issuance
  237  thereof;
  238         (c) Bear interest at a rate or rates not exceeding the
  239  interest rate limitation set forth in s. 215.84(3);
  240         (d) Have such provisions for registration of coupon bonds
  241  and conversion and reconversion of bonds from coupon to
  242  registered form or from registered form to coupon form;
  243         (e) Have such provisions for payment at maturity and
  244  redemption before prior to maturity at such time or times and at
  245  such price or prices; and
  246         (f) Be payable at such place or places within or without
  247  the state as the board shall determine by resolution.
  248  
  249  The foregoing terms and conditions do not supersede the
  250  limitations provided in chapter 348, part I, relating to the
  251  issuance of bonds.
  252         Section 4. Notwithstanding the repeal of that section,
  253  which occurred on July 1, 2018, section 319.141, Florida
  254  Statutes, is revived, reenacted, and amended to read:
  255         319.141 Pilot Rebuilt motor vehicle inspection program.—
  256         (1) As used in this section, the term:
  257         (a) “Facility” means a rebuilt motor vehicle inspection
  258  facility authorized and operating under this section.
  259         (b) “Rebuilt inspection services” means an examination of a
  260  rebuilt vehicle and a properly endorsed certificate of title,
  261  salvage certificate of title, or manufacturer’s statement of
  262  origin and an application for a rebuilt certificate of title, a
  263  rebuilder’s affidavit, a photograph of the junk or salvage
  264  vehicle taken before repairs began, receipts or invoices for all
  265  major component parts, as defined in s. 319.30, and repairs
  266  which were changed, and proof that notice of rebuilding of the
  267  vehicle has been reported to the National Motor Vehicle Title
  268  Information System.
  269         (2) By July 1, 2015, The department shall oversee a pilot
  270  program in which the department authorizes Miami-Dade County to
  271  evaluate alternatives to the for rebuilt inspection services
  272  currently provided by private-sector offered by existing private
  273  sector operators. Such authorization must be based on, including
  274  the continued use of private facilities, the cost impact to
  275  consumers, and the potential savings to the department.
  276         (3) The department shall establish a memorandum of
  277  understanding that allows private parties participating in the
  278  pilot program to conduct rebuilt motor vehicle inspections and
  279  specifies requirements for oversight, bonding and insurance,
  280  procedures, and forms and requires the electronic transmission
  281  of documents.
  282         (4) Before an applicant is approved, the department shall
  283  ensure that the applicant meets basic criteria designed to
  284  protect the public. At a minimum, the applicant shall meet all
  285  of the following requirements:
  286         (a) Have and maintain a surety bond or irrevocable letter
  287  of credit in the amount of $100,000 executed by the applicant.
  288         (b) Secure and maintain a facility at a permanent structure
  289  at an address recognized by the United States Postal Service
  290  where the only services provided on such property are rebuilt
  291  inspection services. The operator of a facility shall annually
  292  attest that he or she is not employed by or does not have an
  293  ownership interest in or other financial arrangement with the
  294  owner, operator, manager, or employee of a motor vehicle repair
  295  shop as defined in s. 559.903, a motor vehicle dealer as defined
  296  in s. 320.27(1)(c), a towing company, a vehicle storage company,
  297  a vehicle auction, an insurance company, a salvage yard, a metal
  298  retailer, or a metal rebuilder, from which he or she receives
  299  remuneration, directly or indirectly, for the referral of
  300  customers for rebuilt inspection services.
  301         (c) Have and maintain garage liability and other insurance
  302  required by the department.
  303         (d) Have completed criminal background checks of the
  304  owners, partners, and corporate officers and the inspectors
  305  employed by the facility.
  306         (e) Meet any additional criteria the department determines
  307  necessary to conduct proper inspections.
  308         (5) A participant in the program shall access vehicle and
  309  title information and enter inspection results through an
  310  electronic filing system authorized by the department and shall
  311  maintain records of each rebuilt vehicle inspection processed at
  312  such facility for at least 5 years.
  313         (6) The department shall immediately terminate any operator
  314  from the program who fails to meet the minimum eligibility
  315  requirements specified in subsection (4). Before a change in
  316  ownership of a rebuilt inspection facility, the current operator
  317  must give the department 45 days’ written notice of the intended
  318  sale. The prospective owner must meet the eligibility
  319  requirements of this section and execute a new memorandum of
  320  understanding with the department before operating the facility.
  321         (7)This section is repealed on July 1, 2018, unless saved
  322  from repeal through reenactment by the Legislature.
  323         Section 5. Paragraph (a) of subsection (4) of section
  324  334.046, Florida Statutes, is amended to read:
  325         334.046 Department mission, goals, and objectives.—
  326         (4) At a minimum, the department’s goals shall address the
  327  following prevailing principles.
  328         (a) Preservation.—Protecting the state’s transportation
  329  infrastructure investment. Preservation includes:
  330         1. Ensuring that 80 percent of the pavement on the State
  331  Highway System meets department standards.;
  332         2. Ensuring that 90 percent of department-maintained
  333  bridges meet department standards.; and
  334         3. Ensuring that the department achieves 100 percent of the
  335  acceptable maintenance standard on the State Highway System.
  336         4.Ensuring that all work on the State Highway System meets
  337  department standards.
  338         Section 6. Section 334.175, Florida Statutes, is amended to
  339  read:
  340         334.175 Certification of project design plans and surveys.—
  341         (1) All design plans and surveys prepared by or for the
  342  department shall be signed, sealed, and certified by the
  343  professional engineer or surveyor or architect or landscape
  344  architect in responsible charge of the project work. Such
  345  professional engineer, surveyor, architect, or landscape
  346  architect must be duly registered in this state.
  347         (2)For all transportation projects on, under, over, or
  348  abutting a department-owned right-of-way, and regardless of
  349  funding source, the department shall approve the design plans
  350  for such projects if such design plans meet department design
  351  standards.
  352         Section 7. Subsection (1) of section 337.025, Florida
  353  Statutes, is amended to read:
  354         337.025 Innovative transportation highway projects;
  355  department to establish program.—
  356         (1) The department may is authorized to establish a program
  357  for transportation highway projects demonstrating innovative
  358  techniques of highway and bridge design, construction,
  359  maintenance, and finance which have the intended effect of
  360  measuring resiliency and structural integrity and controlling
  361  time and cost increases on construction projects. Such
  362  techniques may include, but are not limited to, state-of-the-art
  363  technology for pavement, safety, and other aspects of highway
  364  and bridge design, construction, and maintenance; innovative
  365  bidding and financing techniques; accelerated construction
  366  procedures; and those techniques that have the potential to
  367  reduce project life cycle costs. To the maximum extent
  368  practical, the department must use the existing process to award
  369  and administer construction and maintenance contracts. When
  370  specific innovative techniques are to be used, the department is
  371  not required to adhere to those provisions of law that would
  372  prevent, preclude, or in any way prohibit the department from
  373  using the innovative technique. However, before prior to using
  374  an innovative technique that is inconsistent with another
  375  provision of law, the department must document in writing the
  376  need for the exception and identify what benefits the traveling
  377  public and the affected community are anticipated to receive.
  378  The department may enter into no more than $120 million in
  379  contracts annually for the purposes authorized by this section.
  380         Section 8. Subsection (4) of section 337.25, Florida
  381  Statutes, is amended to read:
  382         337.25 Acquisition, lease, and disposal of real and
  383  personal property.—
  384         (4) The department may convey, in the name of the state,
  385  any land, building, or other property, real or personal, which
  386  was acquired under subsection (1) and which the department has
  387  determined is not needed for the construction, operation, and
  388  maintenance of a transportation facility. Subject to the
  389  requirements of paragraph (f), when such a determination has
  390  been made, property may be disposed of through negotiations,
  391  sealed competitive bids, auctions, or any other means the
  392  department deems to be in its best interest, with due
  393  advertisement for property valued by the department at greater
  394  than $10,000. A sale may not occur at a price less than the
  395  department’s current estimate of value, except as provided in
  396  paragraphs (a)-(d). The department may afford a right of first
  397  refusal to the local government or other political subdivision
  398  in the jurisdiction in which the parcel is situated, except in a
  399  conveyance transacted under paragraph (a), paragraph (c), or
  400  paragraph (e), or paragraph (f).
  401         (a) If the property has been donated to the state for
  402  transportation purposes and a transportation facility has not
  403  been constructed for at least 5 years, plans have not been
  404  prepared for the construction of such facility, and the property
  405  is not located in a transportation corridor, the governmental
  406  entity may authorize reconveyance of the donated property for no
  407  consideration to the original donor or the donor’s heirs,
  408  successors, assigns, or representatives.
  409         (b) If the property is to be used for a public purpose, the
  410  property may be conveyed without consideration to a governmental
  411  entity.
  412         (c) If the property was originally acquired specifically to
  413  provide replacement housing for persons displaced by
  414  transportation projects, the department may negotiate for the
  415  sale of such property as replacement housing. As compensation,
  416  the state shall receive at least its investment in such property
  417  or the department’s current estimate of value, whichever is
  418  lower. It is expressly intended that this benefit be extended
  419  only to persons actually displaced by the project. Dispositions
  420  to any other person must be for at least the department’s
  421  current estimate of value.
  422         (d) If the department determines that the property requires
  423  significant costs to be incurred or that continued ownership of
  424  the property exposes the department to significant liability
  425  risks, the department may use the projected maintenance costs
  426  over the next 10 years to offset the property’s value in
  427  establishing a value for disposal of the property, even if that
  428  value is zero.
  429         (e) If, at the discretion of the department, a sale to a
  430  person other than an abutting property owner would be
  431  inequitable, the property may be sold to the abutting owner for
  432  the department’s current estimate of value.
  433         (f)If the property is valued by the department at greater
  434  than $1 million, the department must give the previous property
  435  owner the opportunity to repurchase the property at fair market
  436  value. The previous property owner shall have 30 days to respond
  437  to the department if he or she wishes to repurchase the
  438  property. If the previous property owner wishes to repurchase
  439  the property, the department must halt all other actions until
  440  an agreement is reached with the previous property owner or
  441  until it becomes evident that an agreement cannot be reached. If
  442  an agreement is not reached, the property must be disposed of in
  443  accordance with this subsection.
  444         Section 9. Subsections (1), (2), and (5) of section
  445  338.165, Florida Statutes, are amended, and subsection (12) is
  446  added to that section, to read:
  447         338.165 Continuation of tolls.—
  448         (1)(a) The department, any transportation or expressway
  449  authority, or, in the absence of an authority, a county or
  450  counties may continue to collect the toll on a revenue-producing
  451  project after the discharge of any bond indebtedness related to
  452  such project and may increase such toll. All tolls so collected
  453  shall first be used to pay the annual cost of the operation,
  454  maintenance, and improvement of the toll project.
  455         (b)Notwithstanding paragraph (a), the department may not
  456  collect tolls on a facility of the former Miami-Dade County
  457  Expressway Authority after the discharge of any outstanding bond
  458  obligations related to such facility.
  459         (2) If the revenue-producing project is on the State
  460  Highway System, any remaining toll revenue shall be used for the
  461  construction, maintenance, or improvement of any road on the
  462  State Highway System within the county or counties in which the
  463  revenue-producing project is located, except as provided in s.
  464  348.0004.
  465         (5) If the revenue-producing project is on the county road
  466  system, any remaining toll revenue shall be used for the
  467  construction, maintenance, or improvement of any other state or
  468  county road within the county or counties in which the revenue
  469  producing project is located, except as provided in s. 348.0004.
  470         (12)The department shall acquire the assets and assume the
  471  liabilities of the Miami-Dade County Expressway Authority. The
  472  acquisition of the expressway authority by the department must
  473  be subject to the terms and covenants of any outstanding bond of
  474  the authority and may not act to the detriment of the
  475  bondholders or decrease the quality of the bonds.
  476         Section 10. Present subsections (5), (6), and (7) of
  477  section 338.166, Florida Statutes, are renumbered as subsections
  478  (7), (8), and (9), respectively, and new subsections (5) and (6)
  479  are added to that section, to read:
  480         338.166 High-occupancy toll lanes or express lanes.—
  481         (5)The department may not use toll revenue from a high
  482  occupancy toll lane or an express lane to offset funding that
  483  the facility would receive if the facility were not a high
  484  occupancy toll lane or express lane.
  485         (6) Any toll on a high-occupancy toll lane or an express
  486  lane that is in a county as defined in s. 125.011(1) may not be
  487  more than $5.
  488         Section 11. Paragraph (a) of subsection (3) of section
  489  338.231, Florida Statutes, is amended to read:
  490         338.231 Turnpike tolls, fixing; pledge of tolls and other
  491  revenues.—The department shall at all times fix, adjust, charge,
  492  and collect such tolls and amounts for the use of the turnpike
  493  system as are required in order to provide a fund sufficient
  494  with other revenues of the turnpike system to pay the cost of
  495  maintaining, improving, repairing, and operating such turnpike
  496  system; to pay the principal of and interest on all bonds issued
  497  to finance or refinance any portion of the turnpike system as
  498  the same become due and payable; and to create reserves for all
  499  such purposes.
  500         (3)(a) For the period July 1, 1998, through June 30, 2027,
  501  The department shall, to the maximum extent feasible, program
  502  sufficient funds in the tentative work program such that all of
  503  the percentage of turnpike toll and bond financed commitments in
  504  Miami-Dade County, Broward County, and Palm Beach County as
  505  compared to total turnpike toll and bond financed commitments
  506  shall be at least 90 percent of the share of net toll
  507  collections attributable to users of the turnpike facilities
  508  system in Miami-Dade County, Broward County, and Palm Beach
  509  Counties are committed to projects and bond finance commitments
  510  in such counties County as compared to total net toll
  511  collections attributable to users of the turnpike system. This
  512  paragraph subsection does not apply when the application of such
  513  requirements would violate any covenant established in a
  514  resolution or trust indenture relating to the issuance of
  515  turnpike bonds. The department may at any time for economic
  516  considerations establish lower temporary toll rates for a new or
  517  existing toll facility for a period not to exceed 1 year, after
  518  which the toll rates adopted pursuant to s. 120.54 shall become
  519  effective.
  520         Section 12. Paragraph (d) of subsection (3) of section
  521  339.175, Florida Statutes, is amended to read:
  522         339.175 Metropolitan planning organization.—
  523         (3) VOTING MEMBERSHIP.—
  524         (d) Notwithstanding any other provision of this section to
  525  the contrary, a county as defined in s. 125.011(1) Any other
  526  provision of this section to the contrary notwithstanding, any
  527  county chartered under s. 6(e), Art. VIII of the State
  528  Constitution may elect to have its county commission serve as
  529  the M.P.O., if the M.P.O. jurisdiction is wholly contained
  530  within the county. Any charter county that elects to exercise
  531  the provisions of this paragraph shall so notify the Governor in
  532  writing. Upon receipt of such notification, the Governor must
  533  designate the county commission as the M.P.O. The Governor must
  534  appoint four additional voting members to the M.P.O., one of
  535  whom must be an elected official representing a municipality
  536  that has a population of 65,000 or more within the county, one
  537  of whom must be an expressway authority member, one of whom must
  538  be a person who does not hold elected public office and who
  539  resides in the unincorporated portion of the county, and one of
  540  whom must be a school board member.
  541         Section 13. Section 339.176, Florida Statutes, is repealed.
  542         Section 14. Subsection (6) of section 343.1003, Florida
  543  Statutes, is amended to read:
  544         343.1003 Northeast Florida Regional Transportation
  545  Commission.—
  546         (6) Notwithstanding s. 348.0003(4)(c), Members of the board
  547  shall file a statement of financial interests interest with the
  548  Commission on Ethics pursuant to s. 112.3145.
  549         Section 15. Part I of chapter 348, Florida Statutes,
  550  consisting of sections 348.0001, 348.0002, 348.0003, 348.0004,
  551  348.0005, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011,
  552  348.00115, and 348.0012, is repealed.
  553         Section 16. The Miami-Dade County Expressway Authority is
  554  transferred by a type two transfer, pursuant to s. 20.06,
  555  Florida Statutes, to the Department of Transportation. Any
  556  binding contract or interagency agreement entered into between
  557  the Miami-Dade County Expressway Authority or an agent of the
  558  authority and any other agency, entity, or person shall continue
  559  to be a binding contract or agreement of the Miami-Dade County
  560  Expressway Authority for the remainder of the term of such
  561  contract or agreement.
  562         Section 17. Section 348.635, Florida Statutes, is created
  563  to read:
  564         348.635Public-private partnership.—The Legislature
  565  declares that there is a public need for the rapid construction
  566  of safe and efficient transportation facilities for traveling
  567  within the state and that it is in the public’s best interest to
  568  provide for public-private partnership agreements to develop
  569  additional safe, convenient, and economical transportation
  570  facilities.
  571         (1)Notwithstanding any other provision of this part, the
  572  authority may receive or solicit proposals and enter into
  573  agreements with private entities, or consortia thereof, for the
  574  building, operation, ownership, or financing of authority
  575  transportation facilities or new transportation facilities
  576  within the jurisdiction of the authority which increase
  577  transportation capacity. The authority may not sell or lease any
  578  transportation facility it owns without providing the analysis
  579  required in s. 334.30(6)(e)2. to the Legislative Budget
  580  Commission created pursuant to s. 11.90 for review and approval.
  581  The authority may adopt rules to implement this section and
  582  shall establish by rule an application fee for the submission of
  583  unsolicited proposals under this section. The fee must be
  584  sufficient to pay the costs of evaluating the proposals. The
  585  authority may engage private consultants to assist in the
  586  evaluation. Before approval, the authority must determine that a
  587  proposed project meets all of the following requirements:
  588         (a)Is in the public’s best interest.
  589         (b)Would not require state funds to be used unless the
  590  project is on, or provides increased mobility on, the State
  591  Highway System.
  592         (c)Would have adequate safeguards to ensure that no
  593  additional costs or service disruptions would be realized by the
  594  traveling public and residents of the state in the event of
  595  default or the cancellation of the agreement by the authority.
  596         (d)Would have adequate safeguards in place to ensure that
  597  the department, the authority, or the private entity has the
  598  opportunity to add capacity to the proposed project and other
  599  transportation facilities serving similar origins and
  600  destinations.
  601         (e)Would be owned by the authority upon completion or
  602  termination of the agreement.
  603         (2)The authority shall ensure that all reasonable costs to
  604  the state which are related to transportation facilities that
  605  are not part of the State Highway System are borne by the
  606  private entity. The authority shall also ensure that, for
  607  transportation facilities that are owned by private entities,
  608  all reasonable costs to the state and substantially affected
  609  local governments and utilities related to the private
  610  transportation facility are borne by the private entity. For
  611  projects on the State Highway System, the department may use
  612  state resources to participate in funding and financing the
  613  project as provided for under the department’s enabling
  614  legislation.
  615         (3)The authority may request proposals for public-private
  616  transportation projects. If the authority receives an
  617  unsolicited proposal, it must publish a notice in the Florida
  618  Administrative Register and a newspaper of general circulation
  619  in the county in which the authority is located at least once a
  620  week for 2 weeks stating that it has received the proposal and
  621  that, for 60 days after the initial date of publication, it will
  622  accept other proposals for the same project purpose. A copy of
  623  the notice must be mailed to each local government in the
  624  affected areas. After the public notification period has
  625  expired, the authority shall rank the proposals in order of
  626  preference. In ranking the proposals, the authority shall
  627  consider professional qualifications, general business terms,
  628  innovative engineering or cost-reduction terms, finance plans,
  629  and the need for state funds to deliver the proposal. If the
  630  authority is not satisfied with the results of the negotiations,
  631  it may, at its sole discretion, terminate negotiations with the
  632  proposer. If these negotiations are unsuccessful, the authority
  633  may go to the second and lower-ranked firms, in order of their
  634  rankings, using the same procedure. If only one proposal is
  635  received, the authority may negotiate in good faith and, if it
  636  is not satisfied with the results, may, at its sole discretion,
  637  terminate negotiations with the proposer. The authority may, at
  638  its discretion, reject all proposals at any point in the process
  639  up to completion of a contract with the proposer.
  640         (4)Agreements entered into pursuant to this section may
  641  authorize the public-private entity to impose tolls or fares for
  642  the use of the facility. However, the amount and use of toll or
  643  fare revenues must be regulated by the authority to avoid
  644  unreasonable costs to users of the facility.
  645         (5)Each public-private transportation facility constructed
  646  pursuant to this section must comply with all requirements of
  647  federal, state, and local laws; state, regional, and local
  648  comprehensive plans; the authority’s rules, policies,
  649  procedures, and standards for transportation facilities; and any
  650  other conditions that the authority determines to be in the
  651  public’s best interest.
  652         (6)The authority may exercise any power it has, including
  653  eminent domain, to facilitate the development and construction
  654  of transportation projects pursuant to this section. The
  655  authority may pay all or part of the cost of operating and
  656  maintaining the facility or may provide services to the private
  657  entity for which it receives full or partial reimbursement.
  658         (7)Except as herein provided, this section is not intended
  659  to amend existing laws by granting additional powers to or
  660  further restricting the governmental entities from regulating
  661  and entering into cooperative arrangements with the private
  662  sector for the planning, construction, and operation of
  663  transportation facilities.
  664         Section 18. Section 348.7605, Florida Statutes, is created
  665  to read:
  666         348.7605Public-private partnership.—The Legislature
  667  declares that there is a public need for the rapid construction
  668  of safe and efficient transportation facilities for traveling
  669  within the state and that it is in the public’s interest to
  670  provide for public-private partnership agreements to develop
  671  additional safe, convenient, and economical transportation
  672  facilities.
  673         (1)Notwithstanding any other provision of this part, the
  674  authority may receive or solicit proposals and enter into
  675  agreements with private entities, or consortia thereof, for the
  676  building, operation, ownership, or financing of authority
  677  transportation facilities or new transportation facilities
  678  within the jurisdiction of the authority which increase
  679  transportation capacity. The authority may not sell or lease any
  680  transportation facility it owns without providing the analysis
  681  required in s. 334.30(6)(e)2. to the Legislative Budget
  682  Commission created pursuant to s. 11.90 for review and approval.
  683  The authority may adopt rules to implement this section and
  684  shall establish by rule an application fee for the submission of
  685  unsolicited proposals under this section. The fee must be
  686  sufficient to pay the costs of evaluating the proposals. The
  687  authority may engage private consultants to assist in the
  688  evaluation. Before approval, the authority must determine that a
  689  proposed project meets all of the following requirements:
  690         (a)Is in the public’s best interest.
  691         (b)Would not require state funds to be used unless the
  692  project is on or provides increased mobility on the State
  693  Highway System.
  694         (c)Would have adequate safeguards to ensure that no
  695  additional costs or service disruptions would be realized by the
  696  traveling public and residents of the state in the event of
  697  default or the cancellation of the agreement by the authority.
  698         (d)Would have adequate safeguards in place to ensure that
  699  the department, the authority, or the private entity has the
  700  opportunity to add capacity to the proposed project and other
  701  transportation facilities serving similar origins and
  702  destinations.
  703         (e)Would be owned by the authority upon completion or
  704  termination of the agreement.
  705         (2)The authority shall ensure that all reasonable costs to
  706  the state which are related to transportation facilities that
  707  are not part of the State Highway System are borne by the
  708  private entity. The authority shall also ensure that all
  709  reasonable costs to the state and substantially affected local
  710  governments and utilities related to the private transportation
  711  facility are borne by the private entity for transportation
  712  facilities that are owned by private entities. For projects on
  713  the State Highway System, the department may use state resources
  714  to participate in funding and financing the project as provided
  715  for under the department’s enabling legislation.
  716         (3)The authority may request proposals for public-private
  717  transportation projects or, if it receives an unsolicited
  718  proposal, it must publish a notice in the Florida Administrative
  719  Register and a newspaper of general circulation in the county in
  720  which it is located at least once a week for 2 weeks stating
  721  that it has received the proposal and that, for 60 days after
  722  the initial date of publication, it will accept other proposals
  723  for the same project purpose. A copy of the notice must be
  724  mailed to each local government in the affected areas. After the
  725  public notification period has expired, the authority shall rank
  726  the proposals in order of preference. In ranking the proposals,
  727  the authority shall consider professional qualifications,
  728  general business terms, innovative engineering or cost-reduction
  729  terms, finance plans, and the need for state funds to deliver
  730  the proposal. If the authority is not satisfied with the results
  731  of the negotiations, it may, at its sole discretion, terminate
  732  negotiations with the proposer. If these negotiations are
  733  unsuccessful, the authority may go to the second and lower
  734  ranked firms, in order of their rankings, using the same
  735  procedure. If only one proposal is received, the authority may
  736  negotiate in good faith, and if it is not satisfied with the
  737  results, it may, at its sole discretion, terminate negotiations
  738  with the proposer. The authority may, at its discretion, reject
  739  all proposals at any point in the process up to completion of a
  740  contract with the proposer.
  741         (4)Agreements entered into pursuant to this section may
  742  authorize the public-private entity to impose tolls or fares for
  743  the use of the facility. However, the amount and use of toll or
  744  fare revenues shall be regulated by the authority to avoid
  745  unreasonable costs to users of the facility.
  746         (5)Each public-private transportation facility constructed
  747  pursuant to this section must comply with all requirements of
  748  federal, state, and local laws; state, regional, and local
  749  comprehensive plans; the authority’s rules, policies,
  750  procedures, and standards for transportation facilities; and any
  751  other conditions that the authority determines to be in the
  752  public’s best interest.
  753         (6)The authority may exercise any power it has, including
  754  eminent domain, to facilitate the development and construction
  755  of transportation projects pursuant to this section. The
  756  authority may pay all or part of the cost of operating and
  757  maintaining the facility or may provide services to the private
  758  entity for which it receives full or partial reimbursement.
  759         (7)Except as herein provided, this section is not intended
  760  to amend existing laws by granting additional powers to or
  761  further restricting the governmental entities from regulating
  762  and entering into cooperative arrangements with the private
  763  sector for the planning, construction, and operation of
  764  transportation facilities.
  765         Section 19. Pursuant to section 20 of chapter 2014-171,
  766  Laws of Florida, part V of chapter 348, Florida Statutes,
  767  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
  768  348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and
  769  348.9961, is repealed.
  770         Section 20. Except as otherwise expressly provided in this
  771  act, this act shall take effect July 1, 2019.