CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW
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10  ______________________________________________________________
11  Representative(s) Russell and Johnson offered the following:
12
13         Amendment to Amendment (164394) (with title amendment) 
14         On page 1, line 18, through page 13, line 14,
15  remove:  all of said lines
16
17  and insert:
18         Section 1.  Enrique Valledor Way designated; Department
19  of Transportation to erect suitable markers.--
20         (1)  That portion of 22nd Street from 16th Avenue to
21  14th Avenue in the City of Miami in Miami-Dade County is
22  hereby designated as "Enrique Valledor Way."
23         (2)  The Department of Transportation is directed to
24  erect suitable markers designating Enrique Valledor Way as
25  described in subsection (1).
26         Section 2.  (1)  The new Rose Bay bridges on U.S.
27  Highway 1, between the Cities of New Smyrna Beach and Port
28  Orange, are dedicated in honor of United States military
29  personnel who were prisoners of war (POW's) or who are missing
30  in action (MIA's).
31         (2)  The Department of Transportation is directed to
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  erect suitable markers designating the dedication in honor of
  2  POW's and MIA's.
  3         Section 3.  (1)  That portion of I-275 which begins at
  4  the Pinellas County end of the Howard Franklin Bridge and,
  5  proceeding south, ends at the beginning of the Sunshine Skyway
  6  Bridge is designated as the "St. Petersburg Parkway."
  7         (2)  The Department of Transportation is directed to
  8  erect suitable markers designating the "St. Petersburg
  9  Parkway" as described in subsection (1).
10         Section 4.  "Bureau of Alcohol, Tobacco and Firearms
11  Special Agent Ariel Rios Memorial Way."--
12         (1)  Northwest 87th Avenue in Miami-Dade County from
13  N.W. 41st Street to N.W. 52nd Street is designated "Bureau of
14  Alcohol, Tobacco and Firearms Special Agent Ariel Rios
15  Memorial Way".
16         (2)  The Department of Transportation is directed to
17  erect suitable markers.
18         Section 5.  "Bureau of Alcohol, Tobacco and Firearms
19  Special Agent Eddie Benitez Memorial Way."--
20         (1)  Northwest 87th Avenue in Miami-Dade County from
21  N.W. 52nd Street to N.W. 58th Street is designated "Bureau of
22  Alcohol, Tobacco and Firearms Special Agent Eddie Benitez
23  Memorial Way".
24         (2)  The Department of Transportation is directed to
25  erect suitable markers.
26         Section 6.  Temple Terrace Parkway.--
27         (1)  Notwithstanding section 334.071, Florida Statutes,
28  and chapter 67-789, Laws of Florida, State Road 580 within the
29  city limits of Temple Terrace, from the intersection of Busch
30  Boulevard and Overlook Drive through 56th Street, is renamed
31  "Temple Terrace Parkway."
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         (2)  The Department of Transportation is directed to
  2  erect suitable street signs indicating that the portion of
  3  State Road 580 described in subsection (1) has been officially
  4  renamed "Temple Terrace Parkway."
  5         Section 7.  Martin L. King, Jr., Drive designated;
  6  Department of Transportation to erect suitable markers.--
  7         (1)  That portion of State Road 50 from Ocoee to State
  8  Road 436 in Orange County is hereby designated as Martin L.
  9  King, Jr., Drive.
10         (2)  The Department of Transportation is hereby
11  directed to erect suitable markers designating Martin L. King,
12  Jr., Drive as described in subsection 1.
13         Section 8.  "Judge Steve Levine Boulevard" designated;
14  Department of Transportation to erect suitable markers.--
15         (1)  That portion of U.S. 1 between S.W. 216 Street and
16  S.W. 232 Street in Miami-Dade County is hereby designated as
17  Judge Steve Levine Boulevard.
18         (2)  The Department of Transportation is directed to
19  erect suitable markers designating Judge Steve Levine
20  Boulevard as described in subsection (1).
21         Section 9.  Mamie Langdale Memorial Bridge designation;
22  markers.--
23         (1)  The new U.S. Highway 27 bridge in the City of
24  Moore Haven in Glades County is hereby designated as the
25  "Mamie Langdale Memorial Bridge."
26         (2)  The Department of Transportation is directed to
27  erect suitable markers designating the "Mamie Langdale
28  Memorial Bridge" as described in subsection (1).
29         Section 10.  Veterans Memorial Bridge designation;
30  markers.--
31         (1)  Bridge number 550122 on Thomasville Road in the
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  City of Tallahassee in Leon County is hereby designated as the
  2  "Veterans Memorial Bridge."
  3         (2)  The Department of Transportation is directed to
  4  erect suitable markers designating the "Veterans Memorial
  5  Bridge" as described in subsection (1).
  6         Section 11.  Doyle Parker Memorial Highway designation;
  7  markers.--
  8         (1)  U.S. Highway 17 from Wauchula to Bowling Green is
  9  hereby designated as the "Doyle Parker Memorial Highway."
10         (2)  The Department of Transportation is directed to
11  erect suitable markers designating the "Doyle Parker Memorial
12  Highway" as described in subsection (1).
13         Section 12.  Lynn Haven Parkway designation; markers.--
14         (1)  That portion of State Road 77 between Baldwin Road
15  and Mowat School Road in the City of Lynn Haven in Bay County
16  is hereby designated as the "Lynn Haven Parkway."
17         (2)  The Department of Transportation is directed to
18  erect suitable markers designating the "Lynn Haven Parkway" as
19  described in subsection (1).
20         Section 13.  John S. "Steve" Dennard Bridge
21  designation; markers.--
22         (1)  The New River Bridge (bridge number 390031) on
23  State Road 16 in Bradford and Union Counties is hereby
24  designated as the "John S. 'Steve' Dennard Bridge."
25         (2)  The Department of Transportation is directed to
26  erect suitable markers designating the "John S. 'Steve'
27  Dennard Bridge" as described in subsection (1).
28         Section 14.  Ed Fraser Memorial Highway designation;
29  markers.--
30         (1)  State Road 121, from the Georgia-Florida line in
31  Baker County to the city limits of Lake Butler in Union
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  County, is hereby designated as the "Ed Fraser Memorial
  2  Highway."
  3         (2)  The Department of Transportation is directed to
  4  erect suitable markers designating the "Ed Fraser Memorial
  5  Highway" as described in subsection (1).
  6         Section 15.  Correctional Officers Memorial Highway
  7  designation; markers.--
  8         (1)  That portion of State Road 16 from the
  9  northwestern city limits of Starke in Bradford County to State
10  Road 121 in Union County is hereby designated as the
11  "Correctional Officers Memorial Highway."
12         (2)  The Department of Transportation is directed to
13  erect suitable markers designating the "Correctional Officers
14  Memorial Highway" as described in subsection (1).
15         Section 16.  Martin Luther King, Jr., Memorial Highway
16  designation; markers.--
17         (1)  That portion of U.S. Highway 41 located in White
18  Springs in Hamilton County is hereby designated as the "Martin
19  Luther King, Jr., Memorial Highway."
20         (2)  The Department of Transportation is directed to
21  erect suitable markers designating the "Martin Luther King,
22  Jr., Memorial Highway" as described in subsection (1).
23         Section 17.  Purple Heart Memorial Highway designation;
24  markers.--
25         (1)  Interstate 75 from the Georgia-Florida state line
26  to the city limits of Ocala in Marion County is hereby
27  designated as the "Purple Heart Memorial Highway."
28         (2)  The Department of Transportation is directed to
29  erect suitable markers designating the "Purple Heart Memorial
30  Highway" as described in subsection (1).
31         Section 18.  Korean War Veterans Memorial Highway
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  designation; markers.--
  2         (1)  Highway 417 in Seminole County is hereby
  3  designated as the "Korean War Veterans Memorial Highway."
  4         (2)  The Department of Transportation is directed to
  5  erect suitable markers designating the "Korean War Veterans
  6  Memorial Highway" as described in subsection (1).
  7         Section 19.  Jerome A. Williams Memorial Highway
  8  designation; markers.--
  9         (1)  That portion of U.S. Highway 17 from Crescent City
10  south to the Putnam/Volusia County boundary is hereby
11  designated as the "Jerome A. Williams Memorial Highway."
12         (2)  The Department of Transportation is directed to
13  erect suitable markers designating the "Jerome A. Williams
14  Memorial Highway" as described in subsection (1).
15         Section 20.  "Veterans Memorial Highway" designation;
16  markers.--
17         (1)  That portion of State Road 100, beginning at the
18  western city limits of the Town of Flagler Beach in Flagler
19  County and continuing east to the eastern city limits of the
20  Town of Bunnell, is hereby designated as the "Veterans
21  Memorial Highway."
22         (2)  The Department of Transportation is directed to
23  erect suitable markers designating the "Veterans Memorial
24  Highway" as described in subsection (1).
25         Section 21.  Private Robert M. McTureous, Jr.,
26  U.S.M.C., Medal of Honor Memorial Highway designated.--
27         (1)  That portion of State Road 19 in Lake County from
28  the north end of Lake County to the intersection of State Road
29  19 and Highway 441 in Eustis is hereby designated as the
30  "Private Robert M. McTureous, Jr., U.S.M.C., Medal of Honor
31  Memorial Highway."
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         (2)  The Department of Transportation is directed to
  2  erect suitable markers designating the Private Robert M.
  3  McTureous, Jr., U.S.M.C., Medal of Honor Memorial Highway as
  4  described in subsection (1).
  5         Section 22.  "Steven Cranman Boulevard" and "Ethel
  6  Beckford Boulevard" designated; Department of Transportation
  7  to erect suitable markers.--
  8         (1)  That portion of U.S. 1 between S.W. 136th Street
  9  and S.W. 186th Street in Miami-Dade County is hereby
10  designated as Steven Cranman Boulevard. The Department of
11  Transportation is directed to erect suitable markers
12  designating Steven Cranman Boulevard as described in this
13  subsection.
14         (2)  That portion of S.W. 186th Street between U.S. 1
15  and S.W. 107th Avenue in Miami-Dade County is hereby
16  designated as Ethel Beckford Boulevard. The Department of
17  Transportation is directed to erect suitable markers
18  designating Ethel Beckford Boulevard as described in this
19  subsection.
20         Section 23.  "Phicol Williams Boulevard" designated;
21  Department of Transportation to erect suitable markers.--
22         (1)  That portion of State Road 5 (U.S. 1) between S.W.
23  312th Street and S.W. 328th Street in Miami-Dade County is
24  hereby designated as Phicol Williams Boulevard.
25         (2)  The Department of Transportation is directed to
26  erect suitable markers designating Phicol Williams Boulevard
27  as described in subsection (1).
28         Section 24.  "Arthur Mays Boulevard" designated;
29  Department of Transportation to erect suitable markers.--
30         (1)  That portion of S.W. 112 Avenue from U.S. 1 to
31  S.W. 230 Street in Miami-Dade County is hereby designated as
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  Arthur Mays Boulevard.
  2         (2)  The Department of Transportation is directed to
  3  erect suitable markers designating Arthur Mays Boulevard as
  4  described in subsection (1).
  5         Section 25.  "Jean-Jacques Dessalines Boulevard"
  6  designated; Department of Transportation to erect suitable
  7  markers.--
  8         (1)  State Road 934 on N.W. 79th Street in Miami-Dade
  9  County, from the west boundary of State House District 108 to
10  the east boundary of district 108, is hereby designated as
11  Jean-Jacques Dessalines Boulevard.
12         (2)  The Department of Transportation is directed to
13  erect suitable markers designating Jean-Jacques Dessalines
14  Boulevard as described in subsection (1).
15         Section 26.  "Toussaint L'Ouverture Boulevard"
16  designated; Department of Transportation to erect suitable
17  markers.--
18         (1)  State Road 922 on N.W. 125th Street in Miami-Dade
19  County, from N.W. 7th Avenue to Griffin Boulevard, is hereby
20  designated as Toussaint L'Ouverture Boulevard.
21         (2)  The Department of Transportation is directed to
22  erect suitable markers designating Toussaint L'Ouverture
23  Boulevard as described in subsection (1).
24         Section 27.  "Frederick Douglass Boulevard" designated;
25  Department of Transportation to erect suitable markers.--
26         (1)  State Road 915 on N.E. 6th Avenue in Miami-Dade
27  County, from the north boundary of State House District 108 to
28  U.S. 1, is hereby designated as Frederick Douglass Boulevard.
29         (2)  The Department of Transportation is directed to
30  erect suitable markers designating Frederick Douglass
31  Boulevard as described in subsection (1).
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         Section 28.  Section 334.30, Florida Statutes, is
  2  amended to read:
  3         334.30  Public-private Private transportation
  4  facilities.--The Legislature hereby finds and declares that
  5  there is a public need for rapid construction of safe and
  6  efficient transportation facilities for the purpose of travel
  7  within the state, and that it is in the public's interest to
  8  provide for public-private partnership agreements to
  9  effectuate the construction of additional safe, convenient,
10  and economical transportation facilities.
11         (1)  The department may receive or solicit proposals
12  and, with legislative approval by a separate bill for each
13  facility, enter into agreements with private entities, or
14  consortia thereof, for the building, operation, ownership, or
15  financing of transportation facilities.  The department is
16  authorized to adopt rules to implement this section and shall
17  by rule establish an application fee for the submission of
18  proposals under this section.  The fee must be sufficient to
19  pay the costs of evaluating the proposals.  The department may
20  engage the services of private consultants to assist in the
21  evaluation. Before seeking legislative approval, the
22  department must determine that the proposed project:
23         (a)  Is in the public's best interest.;
24         (b)  Would not require state funds to be used unless
25  there is an overriding state interest; however, the department
26  may use state resources for a transportation facility project
27  that is on the State Highway System or that provides for
28  increased mobility on the state's transportation system. and
29         (c)  Would have adequate safeguards in place to ensure
30  that no additional costs or service disruptions would be
31  realized by the traveling public and citizens of the state in
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  the event of default or cancellation of the agreement by the
  2  department.
  3
  4  The department shall ensure that all reasonable costs to the
  5  state related to transportation facilities that are not part
  6  of the State Highway System are borne by the public-private
  7  entity. The department shall also ensure that all reasonable
  8  costs to the state, and substantially affected local
  9  governments, and utilities, related to the private
10  transportation facility, are borne by the public-private
11  private entity for transportation facilities that are owned by
12  private entities.
13         (2)  The use of funds from the State Transportation
14  Trust Fund is limited to advancing projects already programmed
15  in the adopted 5-year work program or to no more than a
16  statewide total of $25 million in capital costs for all
17  projects not programmed in the adopted 5-year work program.
18         (3)  The department may request proposals for
19  public-private transportation projects or, if the department
20  receives an unsolicited proposal, shall publish a notice
21  within 30 days in the Florida Administrative Weekly and a
22  newspaper of general circulation at least once a week for 2
23  weeks, stating that the department has received the proposal
24  and will accept, for 60 days after the initial date of
25  publication, other proposals for the same project purpose. A
26  copy of the notice must be mailed to each local government in
27  the affected area. After the public notification period has
28  expired, the department shall then rank the proposals in order
29  of preference. In ranking the proposals, the department may
30  consider, but is not limited to considering, professional
31  qualifications, general business terms, innovative engineering
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  or cost-reduction terms, finance plans, and the need for state
  2  funds to deliver the proposal. The department shall negotiate
  3  with the top-ranked proposer in good faith, and if the
  4  department is not satisfied with the results of said
  5  negotiations, the department may, at its sole discretion,
  6  terminate negotiations with said proposer. If these
  7  negotiations are unsuccessful, the department may go to the
  8  second and lower-ranked firms in order using this same
  9  procedure. If only one proposal is received, the department
10  may negotiate in good faith, and if the department is not
11  satisfied with the results of said negotiations, the
12  department may, at its sole discretion, terminate negotiations
13  with the said proposers. Notwithstanding any other provision
14  of this subsection, the department may, at its sole
15  discretion, reject all proposals at any point in the process
16  up to completion of a contract with the proposer.
17         (4)  The department shall not commit funds in excess of
18  the limitation in subsection (2) without specific project
19  approval by the Legislature.
20         (5)(2)  Agreements entered into pursuant to this
21  section may authorize the private entity to impose tolls or
22  fares for the use of the facility.  However, the amount and
23  use of toll or fare revenues may be regulated by the
24  department to avoid unreasonable costs to users of the
25  facility.
26         (6)(3)  Each private transportation facility
27  constructed pursuant to this section shall comply with all
28  requirements of federal, state, and local laws; state,
29  regional, and local comprehensive plans; department rules,
30  policies, procedures, and standards for transportation
31  facilities; and any other conditions which the department
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  determines to be in the public's best interest.
  2         (7)(4)  The department may exercise any power possessed
  3  by it, including eminent domain, with respect to the
  4  development and construction of state transportation projects
  5  to facilitate the development and construction of
  6  transportation projects pursuant to this section. For
  7  public-private facilities located on the State Highway System,
  8  the department may pay all or part of the cost of operating
  9  and maintaining the facility. For facilities not located on
10  the State Highway System, the department may provide services
11  to the private entity and. agreements for maintenance, law
12  enforcement, and other services entered into pursuant to this
13  section shall provide for full reimbursement for services
14  rendered.
15         (8)(5)  Except as herein provided, the provisions of
16  this section are not intended to amend existing laws by
17  granting additional powers to, or further restricting, local
18  governmental entities from regulating and entering into
19  cooperative arrangements with the private sector for the
20  planning, construction, and operation of transportation
21  facilities.
22         (9)  The department shall have the authority to create
23  or assist in the creation of tax-exempt, public-purpose
24  Internal Revenue Service Ruling 63-20 corporations as provided
25  for under the Internal Revenue Code. Any bonds issued by the
26  63-20 corporation shall be payable solely from and secured by
27  a lien upon and pledge of the revenues received by the 63-20
28  corporation. Any bonds issued by the 63-20 corporation shall
29  not be or constitute a general indebtedness of the State of
30  Florida, any department or agency thereof, or any political
31  subdivision thereof within the meaning of any constitutional
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  or statutory provision or limitation. The full faith and
  2  credit of the State of Florida shall not be pledged to the
  3  payment of the principal of or interest on the bonds issued by
  4  the 63-20 corporation. No owner of any of the bonds shall ever
  5  have the right to require or compel the exercise of the taxing
  6  power of the State of Florida or any department or agency of
  7  the state for payment thereof, and the bonds shall not
  8  constitute a lien upon any property owned by the State of
  9  Florida or any department or agency of the state. Bonds issued
10  by the 63-20 corporation shall be rated investment grade by a
11  nationally recognized credit rating agency. Any bonds issued
12  by a 63-20 corporation to finance a project requiring the use
13  of state money, either directly or directly, shall be reviewed
14  and approved by the secretary of the Department of
15  Transportation.  Nothing in this subsection is intended to
16  prohibit credit enhancement of such bonds, whether provided by
17  private or governmental sources other than sources backed by
18  the taxing power of the State of Florida. Nothing in this
19  subsection is intended to prohibit the pledging of additional
20  funds or revenues from private sources to secure such bonds.
21  Internal Revenue Service Ruling 63-20 corporations may receive
22  State Transportation Trust Fund grants and loans from the
23  department. The department shall be empowered to enter into
24  public-private partnership agreements with Internal Revenue
25  Service Ruling 63-20 corporations for projects under this
26  section but shall not agree to expend any funds not
27  appropriated for this purpose. The provisions of s. 339.135(6)
28  shall apply to such agreements.
29         (10)  The department may lend funds from the Toll
30  Facilities Revolving Trust Fund, as outlined in s. 338.251, to
31  Internal Revenue Service Ruling 63-20 corporations that
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  construct projects containing toll facilities approved under
  2  this section. To be eligible, the Internal Revenue Service
  3  Ruling 63-20 corporation must meet the provisions of s.
  4  338.251 and must either provide an indication from a
  5  nationally recognized rating agency that the senior bonds of
  6  the 63-20 corporation will be investment grade or must provide
  7  credit support, such as a letter of credit or other means
  8  acceptable to the department, to ensure that the loans will be
  9  fully repaid as required by law. The state's liability for
10  debt of a facility shall be limited to the amount approved for
11  that specific facility in the department's 5-year work program
12  adopted pursuant to s. 339.135.
13         (11)(6)  Notwithstanding s. 341.327, a fixed-guideway
14  transportation system authorized by the department to be
15  wholly or partially within the department's right-of-way
16  pursuant to a lease granted under s. 337.251 may operate at
17  any safe speed.
18         Section 29.  Paragraph (m) of subsection (2) of section
19  348.0004, Florida Statutes, is repealed.
20         Section 30.  Subsection (9) is added to section
21  348.0004, Florida Statutes, to read:
22         348.0004  Purposes and powers.--
23         (9)  The Legislature hereby finds and declares that
24  there is a public need for rapid construction of safe and
25  efficient transportation facilities for the purpose of travel
26  within the state and that it is in the public's interest to
27  provide for public-private partnership agreements to
28  effectuate the construction of additional safe, convenient,
29  and economical transportation facilities.
30         (a)  An expressway authority in any county as defined
31  in s. 125.011(1) may receive or solicit proposals and enter
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  into agreements with private entities, or consortia thereof,
  2  for the building, operation, ownership, or financing or
  3  extensions or other improvements to existing expressway
  4  authority transportation facilities or new transportation
  5  facilities that are within the jurisdiction of such an
  6  expressway authority. Such an expressway authority is
  7  authorized to adopt rules to implement this subsection and
  8  shall by rule establish an application fee for the submission
  9  of unsolicited proposals under this subsection. The fee must
10  be sufficient to pay the costs of evaluating the proposals.
11  Such an expressway authority may engage the services of
12  private consultants to assist in the evaluation. Before
13  approval, such an expressway authority must determine that the
14  proposed project:
15         1.  Is in the public's best interest.
16         2.  Would have adequate safeguards in place to ensure
17  that no additional costs or service disruptions would be
18  realized by the traveling public and citizens of the state in
19  the event of default by the private entity or consortium or
20  cancellation of the agreement by such expressway authority.
21         (b)  Such an expressway authority may request proposals
22  for public-private transportation projects or, if such an
23  expressway authority receives an unsolicited proposal that it
24  has an interest in evaluating, it shall publish a notice in
25  the Florida Administrative Weekly and a newspaper of general
26  circulation in the county in which such expressway authority
27  is located at least once a week for 2 weeks stating that such
28  expressway authority has received the proposal and will
29  accept, for 60 days after the initial date of publication,
30  other proposals for the same project purpose. A copy of the
31  notice must be mailed to each local government in the affected
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  areas. After the public notification period has expired, the
  2  expressway authority shall then rank the proposals in order of
  3  preference. In ranking the proposals, the expressway authority
  4  may consider, but is not limited to considering, professional
  5  qualifications, general business terms, innovative engineering
  6  or cost-reduction terms, finance plans, and the need for state
  7  funds to deliver the proposal. The expressway authority shall
  8  negotiate with the top-ranked proposer in good faith, and if
  9  the expressway authority is not satisfied with the results of
10  said negotiations, the expressway authority may, at its sole
11  discretion, terminate negotiations with said proposer. If
12  these negotiations are unsuccessful, the expressway authority
13  may go to the second and lower-ranked firms in order using
14  this same procedure. If only one proposal is received, the
15  expressway authority may negotiate in good faith, and if the
16  expressway authority is not satisfied with the results of said
17  negotiations, the expressway authority may, at its sole
18  discretion, terminate negotiations with the said proposers.
19  Notwithstanding any other provision of this paragraph, the
20  expressway authority may, at its sole discretion, reject all
21  proposals at any point in the process up to completion of a
22  contract with the proposer.
23         (c)  Agreements entered into pursuant to this
24  subsection may authorize the private entity to impose tolls or
25  fares for the use of the facility.  However, the amount and
26  use of toll or fare revenues may be regulated by such an
27  expressway authority to avoid unreasonable costs to users of
28  the facility.
29         (d)  Each transportation facility constructed pursuant
30  to this subsection shall comply with all requirements of
31  federal, state, and local laws; state, regional, and local
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  comprehensive plans; such expressway authority's rules,
  2  policies, procedures, and standards for transportation
  3  facilities; and any other conditions such expressway authority
  4  determines to be in the public's best interest.
  5         (e)  Such an expressway authority may exercise any
  6  power possessed by it, including eminent domain, with respect
  7  to the development and construction of transportation projects
  8  to facilitate the development and construction of
  9  transportation projects pursuant to this subsection.  Such an
10  expressway authority may pay all or part of the cost of
11  operating and maintaining the facility or may provide services
12  to the private entity for which it shall be entitled to
13  receive full or partial reimbursement for services rendered.
14         (f)  Except as herein provided, the provisions of this
15  subsection are not intended to amend existing laws by further
16  expanding or further restricting the authority of local
17  governmental entities to regulate and enter into cooperative
18  arrangements with the private sector for the planning,
19  construction, and operation of transportation facilities.
20         (g)  Such an expressway authority shall have the
21  authority to create or assist in the creation of tax-exempt,
22  public-purpose Internal Revenue Service Ruling 63-20
23  corporations as provided for under the Internal Revenue Code.
24  Any bonds issued by the 63-20 corporation shall be payable
25  solely from and secured by a lien upon and pledge of the
26  revenues received by the 63-20 corporation. Any bonds issued
27  by the 63-20 corporation shall not be or constitute a general
28  indebtedness of the State of Florida, any department or agency
29  thereof, or any political subdivision thereof within the
30  meaning of any constitutional or statutory provision or
31  limitation. The full faith and credit of the State of Florida
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  shall not be pledged to the payment of the principal of or
  2  interest on the bonds issued by the 63-20 corporation. No
  3  owner of any of the bonds shall ever have the right to require
  4  or compel the exercise of the taxing power of the State of
  5  Florida or any department or agency of the state for payment
  6  thereof, and the bonds shall not constitute a lien upon any
  7  property owned by the State of Florida or any department or
  8  agency of the state. Bonds issued by the 63-20 corporation
  9  shall be rated investment grade by a nationally recognized
10  credit rating agency. Nothing in this paragraph is intended to
11  prohibit credit enhancement of such bonds, whether provided by
12  private or governmental sources other than sources backed by
13  the taxing power of the State of Florida. Nothing in this
14  paragraph is intended to prohibit the pledging of additional
15  funds or revenues from private sources to secure such bonds.
16  Such an expressway authority shall be empowered to enter into
17  public-private partnership agreements with Internal Revenue
18  Service Ruling 63-20 corporations for projects under this
19  subsection.
20         (h)  Such an expressway authority or Internal Revenue
21  Service Ruling 63-20 corporation created under this subsection
22  shall be entitled to apply for grants and loans from the
23  department for projects under this subsection, subject to the
24  same eligibility criteria and other terms and conditions as
25  would apply to projects of such an expressway authority
26  undertaken without private participation.
27         Section 31.  Borinquen Boulevard designation;
28  markers.--
29         (1)  That portion of North 36th Street (State Road 25)
30  from Biscayne Boulevard to N.W. 7th Avenue is hereby
31  designated "Borinquen Boulevard" in honor of Miami-Dade
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  County's Puerto Rican community.
  2         (2)  The Department of Transportation is directed to
  3  erect suitable markers designating the "Borinquen Boulevard"
  4  as described in subsection (1).
  5         Section 32.  "South Miami All-American Parkway"
  6  designation; markers.--
  7         (1)  U.S. 1 from 57th Avenue to S.W. 80th Street in
  8  Miami-Dade County is designated as "South Miami All-American
  9  Parkway."
10         (2)  The Department of Transportation is directed to
11  erect suitable markers designating "South Miami All-American
12  Parkway" as described in subsection (1).
13         Section 33.  Monsignor Bryan O. Walsh Boulevard
14  designated; Department of Transportation to erect suitable
15  markers.--
16         (1)  Northeast 21st Street from Biscayne Boulevard to
17  Biscayne Bay in Miami is hereby designated as "Monsignor Bryan
18  O. Walsh Boulevard."
19         (2)  The Department of Transportation is hereby
20  directed to erect suitable markers designating "Monsignor
21  Bryan O. Walsh Boulevard" as described in subsection (1).
22         Section 34.  George Crady Bridge designation;
23  markers.--
24         (1)  The old Nassau Sound Bridge (bridge number 750055)
25  on State Road 105 in Nassau and Duval Counties is hereby
26  redesignated as the "George Crady Bridge."
27         (2)  The Department of Transportation is directed to
28  erect suitable markers designating the "George Crady Bridge"
29  as described in subsection (1).
30         Section 35.  Johnnie Mae Chappell Memorial Highway
31  designated; Department of Transportation to erect suitable
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  markers.--
  2         (1)  The portion of Edgewood Avenue West in Duval
  3  County between Moncrief Road and U.S. 1 is hereby designated
  4  "Johnnie Mae Chappell Memorial Highway."
  5         (2)  The Department of Transportation is directed to
  6  erect suitable markers designating "Johnnie Mae Chappell
  7  Memorial Highway" as described in subsection (1).
  8         Section 36.  Olga Chorens and Tony Alvarez Way
  9  designation; markers.--
10         (1)  That portion of S.W. 8th Street, between 27th
11  Avenue and 32nd Avenue, in Miami-Dade County is hereby
12  designated as "Olga Chorens and Tony Alvarez Way."
13         (2)  The Department of Transportation is directed to
14  erect suitable markers designating "Olga Chorens and Tony
15  Alvarez Way" as described in subsection (1).
16         Section 37.  Dr. Luis Conte-Aguero Way designation;
17  markers.--
18         (1)  That portion of S.W. 24th Street (Coral Way),
19  between 25th Avenue and 28th Avenue, in Miami-Dade County is
20  hereby designated as "Dr. Luis Conte-Aguero Way."
21         (2)  The Department of Transportation is directed to
22  erect suitable markers designating "Dr. Luis Conte-Aguero Way"
23  as described in subsection (1).
24         Section 38.  Bennett C. Russell Florida/Alabama Parkway
25  designation; markers.--
26         (1)  State Road 87 from the Florida/Alabama border to
27  U.S. Highway 98 in Santa Rosa County is hereby designated as
28  the "Bennett C. Russell Florida/Alabama Parkway."
29         (2)  The Department of Transportation is directed to
30  erect suitable markers designating the "Bennett C. Russell
31  Florida/Alabama Parkway" as described in subsection (1).
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         Section 39.  This act shall take effect upon becoming a
  2  law.
  3
  4
  5  ================ T I T L E   A M E N D M E N T ===============
  6  And the title is amended as follows:
  7         On page 13, line 22, through page 16, line 18 of the
  8  amendment
  9  remove:  all of said lines
10
11  and insert:
12                      A bill to be entitled
13         An act relating to roads; designating a portion
14         of a roadway in the City of Miami in Miami-Dade
15         County as "Enrique Valledor Way"; designating
16         N.W. 87th Street in Miami-Dade County as Bureau
17         of Alcohol Tobacco and Firearms Special Agents
18         Ariel Rios and Eddie Benitez Memorial Way;
19         dedicating the new Rose Bay bridges between the
20         Cities of New Smyrna Beach and Port Orange to
21         honor U.S. military POW's and MIA's;
22         designating a portion of I-275 in Pinellas
23         County as the "St. Petersburg Parkway";
24         renaming a portion of State Road 580 within the
25         city limits of Temple Terrace as the "Temple
26         Terrace Parkway"; designating a portion of
27         State Road 50 in Orange County as Martin L.
28         King, Jr., Drive; designating "Judge Steve
29         Levine Boulevard" in Miami-Dade County;
30         designating the new U.S. Highway 27 road and
31         bridge in the City of Moore Haven as the "Mamie
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         Langdale Memorial Bridge"; designating bridge
  2         number 550122 in Tallahassee as the "Veterans
  3         Memorial Bridge"; designating a portion of U.S.
  4         Highway 17 as the "Doyle Parker Memorial
  5         Highway"; designating a portion of State Road
  6         77 as the "Lynn Haven Parkway"; designating the
  7         New River Bridge in Bradford and Union Counties
  8         as the "John S. 'Steve' Dennard Bridge";
  9         designating a portion of State Road 121 as the
10         "Ed Fraser Memorial Highway"; designating a
11         portion of State Road 16 as the "Correctional
12         Officers Memorial Highway"; designating a
13         portion of U.S. Highway 41 in White Springs as
14         the "Martin Luther King, Jr., Memorial
15         Highway"; designating a portion of Interstate
16         75 as the "Purple Heart Memorial Highway";
17         designating the "Korean War Veterans Memorial
18         Highway" in Seminole County; designating a
19         portion of U.S. Highway 17 as the "Jerome A.
20         Williams Memorial Highway"; designating a
21         portion of State Road 100 in Flagler County as
22         Veterans Memorial Highway; designating a
23         portion of State Road 19 in Lake County as the
24         "Private Robert M. McTureous, Jr., U.S.M.C.,
25         Medal of Honor Memorial Highway"; designating
26         "Steven Cranman Boulevard" and "Ethel Beckford
27         Boulevard" in Miami-Dade County; designating
28         "Phicol Williams Boulevard" in Miami-Dade
29         County; designating "Arthur Mays Boulevard" in
30         Miami-Dade County; designating "Jean-Jacques
31         Dessalines Boulevard" in Miami-Dade County;
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         designating "Toussaint L'Ouverture Boulevard"
  2         in Miami-Dade County; designating "Frederick
  3         Douglass Boulevard" in Miami-Dade County;
  4         designating "Borinquen Boulevard" in Miami-Dade
  5         County; amending s. 334.30, F.S.; providing for
  6         public-private transportation facilities;
  7         eliminating the requirement that the
  8         Legislature approve such facilities; providing
  9         requirements for the use of funds from the
10         State Transportation Trust Fund; providing
11         requirements with respect to proposals;
12         providing for a selection process; providing
13         for specific project approval by the
14         Legislature for certain projects; authorizing
15         the Department of Transportation to create
16         certain corporations; authorizing such
17         corporations to issue bonds; authorizing the
18         department to lend certain funds to such
19         corporations; authorizing the department to
20         adopt rules; repealing s. 348.0004(2)(m), F.S.,
21         relating to private entity proposals for
22         transportation projects; amending s. 348.0004,
23         F.S.; establishing a process enabling certain
24         expressway authorities to participate in
25         public-private partnerships to build, operate,
26         own, or finance certain transportation
27         facilities; specifying the expressway
28         authority's role in such projects and providing
29         rulemaking authority; providing for a selection
30         process; providing for the assessment of tolls;
31         providing for creation of certain tax-exempt,
                                  23
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                                                   HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 457, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         public-purpose corporations; authorizing such
  2         corporations to issue bonds; designating the
  3         "All-American Parkway" in Miami-Dade County;
  4         designating a portion of N.E. 21st Street in
  5         Miami as Monsignor Bryan O. Walsh Boulevard;
  6         designating the old Nassau Sound Bridge in
  7         Nassau and Duval Counties as the "George Crady
  8         Bridge"; designating a portion of Edgewood
  9         Avenue West in Duval County as "Johnnie Mae
10         Chappell Memorial Highway"; designating "Olga
11         Chorens and Tony Alvarez Way" in Miami-Dade
12         County; designating "Dr. Luis Conte-Aguero Way"
13         in Miami-Dade County; designating "Bennett C.
14         Russell Florida/Alabama Parkway" in Santa Rosa
15         County; directing Department of Transportation
16         to erect suitable markers; providing an
17         effective date.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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