| 1 | The Committee on Transportation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to transportation; amending s. 20.23, |
| 7 | F.S.; authorizing the secretary of the Department of |
| 8 | Transportation to appoint an additional assistant |
| 9 | secretary and deputy assistant secretaries or directors; |
| 10 | revising the organization of the department to specify |
| 11 | areas of program responsibility; authorizing the secretary |
| 12 | to reorganize offices within the department in |
| 13 | consultation with the Executive Office of the Governor; |
| 14 | amending s. 95.361, F.S.; providing that certain filed |
| 15 | claims shall not affect rights of certain utilities; |
| 16 | amending s. 110.205, F.S.; conforming provisions relating |
| 17 | to career service to changes made by the act; amending s. |
| 18 | 334.30, F.S.; revising provisions for public-private |
| 19 | construction of transportation facilities; providing |
| 20 | procedures for requests for proposals and receipt of |
| 21 | unsolicited proposals by the department; providing for use |
| 22 | of certain funds under described conditions; amending s. |
| 23 | 337.401, F.S.; exempting certain electric utilities from |
| 24 | the application of certain permit-delegation agreements |
| 25 | between the department and other governmental entities; |
| 26 | amending s. 348.0004, F.S.; revising purposes and powers |
| 27 | of expressway authorities; providing legislative |
| 28 | declaration of public need; removing an obsolete provision |
| 29 | related to expressway authorities entering into public- |
| 30 | private transportation partnerships; providing for |
| 31 | expressway authorities to enter into partnerships with |
| 32 | private entities; providing procedures for requests for |
| 33 | proposals and receipt of unsolicited proposals; |
| 34 | authorizing expressway authorities to adopt rules |
| 35 | concerning public-private partnerships; specifying public |
| 36 | notice requirements; providing criteria for project |
| 37 | approval; requiring certain costs be borne by the private |
| 38 | entity; authorizing the department to loan funds from the |
| 39 | Toll Facilities Revolving Loan Trust Fund under certain |
| 40 | conditions; authorizing public-private entities to impose |
| 41 | tolls; providing for regulation of the amount and use of |
| 42 | the tolls by the expressway authority; specifying project |
| 43 | requirements; authorizing the expressway authority to |
| 44 | facilitate partnership projects; providing legislative |
| 45 | intent concerning existing laws and powers of expressway |
| 46 | authorities; providing an effective date. |
| 47 |
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| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
|
| 50 | Section 1. Paragraph (d) of subsection (1), subsection |
| 51 | (3), and paragraph (b) of subsection (4) of section 20.23, |
| 52 | Florida Statutes, are amended to read: |
| 53 | 20.23 Department of Transportation.--There is created a |
| 54 | Department of Transportation which shall be a decentralized |
| 55 | agency. |
| 56 | (1) |
| 57 | (d) The secretary may shall appoint up to three two |
| 58 | assistant secretaries who shall be directly responsible to the |
| 59 | secretary and who shall perform such duties as are assigned by |
| 60 | the secretary. The secretary may delegate to any assistant |
| 61 | secretary the authority to act in the absence of the secretary. |
| 62 | (3)(a) The central office shall establish departmental |
| 63 | policies, rules, procedures, and standards and shall monitor the |
| 64 | implementation of such policies, rules, procedures, and |
| 65 | standards in order to ensure uniform compliance and quality |
| 66 | performance by the districts and central office units that |
| 67 | implement transportation programs. Major transportation policy |
| 68 | initiatives or revisions shall be submitted to the commission |
| 69 | for review. |
| 70 | (b) The secretary shall appoint an Assistant Secretary for |
| 71 | Transportation Development and Operations and an Assistant |
| 72 | Secretary for Transportation Support. |
| 73 | (b)(c) The secretary may appoint positions at the level of |
| 74 | deputy assistant secretary or director which the secretary deems |
| 75 | necessary to accomplish the mission and goals of the department, |
| 76 | including, but not limited to, the areas of program |
| 77 | responsibility provided in this paragraph following offices are |
| 78 | established and shall be headed by a manager, each of whom shall |
| 79 | be appointed by and serve at the pleasure of the secretary. The |
| 80 | secretary may combine, separate, or abolish offices as needed in |
| 81 | consultation with the Executive Office of the Governor. The |
| 82 | department's areas of program responsibility include, but are |
| 83 | not limited to positions shall be classified at a level equal to |
| 84 | a division director: |
| 85 | 1. The Office of Administration.; |
| 86 | 2. The Office of Planning. and Environmental Management; |
| 87 | 3. Public transportation. |
| 88 | 4.3. The Office of Design.; |
| 89 | 5.4. The Office of Highway operations.; |
| 90 | 6.5. The Office of Right-of-way.; |
| 91 | 7.6. The Office of Toll operations.; |
| 92 | 8.7. The Office of Information systems.; |
| 93 | 9.8. The Office of Motor carrier compliance.; |
| 94 | 10.9. The Office of Management and budget.; |
| 95 | 11.10. The Office of Comptroller.; |
| 96 | 12.11. The Office of Construction.; |
| 97 | 13.12. The Office of Maintenance.; and |
| 98 | 14.13. The Office of Materials. |
| 99 | (c)(d) Other offices may be established in accordance with |
| 100 | s. 20.04(7). The heads of such offices are exempt from part II |
| 101 | of chapter 110. No office or organization shall be created at a |
| 102 | level equal to or higher than a division without specific |
| 103 | legislative authority. |
| 104 | (d)(e) The secretary shall appoint an inspector general |
| 105 | pursuant to s. 20.055 who shall be directly responsible to the |
| 106 | secretary and shall serve at the pleasure of the secretary. |
| 107 | (e)(f) The secretary shall appoint a general counsel who |
| 108 | shall be directly responsible to the secretary. The general |
| 109 | counsel is responsible for all legal matters of the department. |
| 110 | The department may employ as many attorneys as it deems |
| 111 | necessary to advise and represent the department in all |
| 112 | transportation matters. |
| 113 | (g) The secretary shall appoint a state transportation |
| 114 | development administrator. This position shall be classified at |
| 115 | a level equal to a deputy assistant secretary. |
| 116 | (h) The secretary shall appoint a state transportation |
| 117 | operations administrator. This position shall be classified at a |
| 118 | level equal to a deputy assistant secretary. |
| 119 | (i) The secretary shall appoint a state public |
| 120 | transportation and modal administrator. This position shall be |
| 121 | classified at a level equal to a deputy assistant secretary. |
| 122 | (4) |
| 123 | (b) Each district secretary may appoint up to three a |
| 124 | district directors director for transportation development, a |
| 125 | district director for transportation operations, and a district |
| 126 | director for transportation support or, until July 1, 2005, each |
| 127 | district secretary may appoint up to four a district directors |
| 128 | director for planning and programming, a district director for |
| 129 | production, a district director for operations, and a district |
| 130 | director for administration. These positions are exempt from |
| 131 | part II of chapter 110. |
| 132 | Section 2. Section 95.361, Florida Statutes, is amended to |
| 133 | read: |
| 134 | 95.361 Roads presumed to be dedicated.-- |
| 135 | (1) When a road, constructed by a county, a municipality, |
| 136 | or the Department of Transportation, has been maintained or |
| 137 | repaired continuously and uninterruptedly for 4 years by the |
| 138 | county, municipality, or the Department of Transportation, |
| 139 | jointly or severally, the road shall be deemed to be dedicated |
| 140 | to the public to the extent in width that has been actually |
| 141 | maintained for the prescribed period, whether or not the road |
| 142 | has been formally established as a public highway. The |
| 143 | dedication shall vest all right, title, easement, and |
| 144 | appurtenances in and to the road in: |
| 145 | (a) The county, if it is a county road; |
| 146 | (b) The municipality, if it is a municipal street or road; |
| 147 | or |
| 148 | (c) The state, if it is a road in the State Highway System |
| 149 | or State Park Road System, |
| 150 |
|
| 151 | whether or not there is a record of a conveyance, dedication, or |
| 152 | appropriation to the public use. |
| 153 | (2) In those instances where a road has been constructed |
| 154 | by a nongovernmental entity, or where the road was not |
| 155 | constructed by the entity currently maintaining or repairing it, |
| 156 | or where it cannot be determined who constructed the road, and |
| 157 | when such road has been regularly maintained or repaired for the |
| 158 | immediate past 7 years by a county, a municipality, or the |
| 159 | Department of Transportation, whether jointly or severally, such |
| 160 | road shall be deemed to be dedicated to the public to the extent |
| 161 | of the width that actually has been maintained or repaired for |
| 162 | the prescribed period, whether or not the road has been formally |
| 163 | established as a public highway. This subsection shall not apply |
| 164 | to an electric utility, as defined in s. 366.02(2). The |
| 165 | dedication shall vest all rights, title, easement, and |
| 166 | appurtenances in and to the road in: |
| 167 | (a) The county, if it is a county road; |
| 168 | (b) The municipality, if it is a municipal street or road; |
| 169 | or |
| 170 | (c) The state, if it is a road in the State Highway System |
| 171 | or State Park Road System, whether or not there is a record of |
| 172 | conveyance, dedication, or appropriation to the public use. |
| 173 | (3) The filing of a map in the office of the clerk of the |
| 174 | circuit court of the county where the road is located showing |
| 175 | the lands and reciting on it that the road has vested in the |
| 176 | state, a county, or a municipality in accordance with subsection |
| 177 | (1) or subsection (2) or by any other means of acquisition, duly |
| 178 | certified by: |
| 179 | (a) The secretary of the Department of Transportation, or |
| 180 | the secretary's designee, if the road is a road in the State |
| 181 | Highway System or State Park Road System; |
| 182 | (b) The chair and clerk of the board of county |
| 183 | commissioners of the county, if the road is a county road; or |
| 184 | (c) The mayor and clerk of the municipality, if the road |
| 185 | is a municipal road or street, |
| 186 |
|
| 187 | shall be prima facie evidence of ownership of the land by the |
| 188 | state, county, or municipality, as the case may be. |
| 189 | (4) Any person, firm, corporation, or entity having or |
| 190 | claiming any interest in and to any of the property affected by |
| 191 | subsection (2) shall have and is hereby allowed a period of 1 |
| 192 | year after the effective date of this subsection, or a period of |
| 193 | 7 years after the initial date of regular maintenance or repair |
| 194 | of the road, whichever period is greater, to file a claim in |
| 195 | equity or with a court of law against the particular governing |
| 196 | authority assuming jurisdiction over such property to cause a |
| 197 | cessation of the maintenance and occupation of the property. |
| 198 | Such timely filed and adjudicated claim shall prevent the |
| 199 | dedication of the road to the public pursuant to subsection (2). |
| 200 | (5) Nothing in this section shall negate or affect the |
| 201 | rights of a public utility with facilities on the property |
| 202 | affected by this section. |
| 203 | Section 3. Paragraphs (j) and (m) of subsection (2) of |
| 204 | section 110.205, Florida Statutes, are amended to read: |
| 205 | 110.205 Career service; exemptions.-- |
| 206 | (2) EXEMPT POSITIONS.--The exempt positions that are not |
| 207 | covered by this part include the following: |
| 208 | (j) The appointed secretaries, assistant secretaries, |
| 209 | deputy secretaries, and deputy assistant secretaries of all |
| 210 | departments; the executive directors, assistant executive |
| 211 | directors, deputy executive directors, and deputy assistant |
| 212 | executive directors of all departments; the directors of all |
| 213 | divisions and those positions determined by the department to |
| 214 | have managerial responsibilities comparable to such positions, |
| 215 | which positions include, but are not limited to, program |
| 216 | directors, assistant program directors, district administrators, |
| 217 | deputy district administrators, the Director of Central |
| 218 | Operations Services of the Department of Children and Family |
| 219 | Services, the State Transportation Development Administrator, |
| 220 | State Public Transportation and Modal Administrator, district |
| 221 | secretaries, district directors of transportation development, |
| 222 | transportation operations, transportation support, and the |
| 223 | managers of the offices specified in s. 20.23(3)(b) s. |
| 224 | 20.23(3)(c), of the Department of Transportation. Unless |
| 225 | otherwise fixed by law, the department shall set the salary and |
| 226 | benefits of these positions in accordance with the rules of the |
| 227 | Senior Management Service; and the county health department |
| 228 | directors and county health department administrators of the |
| 229 | Department of Health. |
| 230 | (m) All assistant division director, deputy division |
| 231 | director, and bureau chief positions in any department, and |
| 232 | those positions determined by the department to have managerial |
| 233 | responsibilities comparable to such positions, which positions |
| 234 | include, but are not limited to: |
| 235 | 1. Positions in the Department of Health and the |
| 236 | Department of Children and Family Services that are assigned |
| 237 | primary duties of serving as the superintendent or assistant |
| 238 | superintendent of an institution. |
| 239 | 2. Positions in the Department of Corrections that are |
| 240 | assigned primary duties of serving as the warden, assistant |
| 241 | warden, colonel, or major of an institution or that are assigned |
| 242 | primary duties of serving as the circuit administrator or deputy |
| 243 | circuit administrator. |
| 244 | 3. Positions in the Department of Transportation that are |
| 245 | assigned primary duties of serving as regional toll managers and |
| 246 | managers of offices as defined in s. 20.23(3)(b) s. 20.23(3)(c) |
| 247 | and (4)(d), and captains and majors of the Office of Motor |
| 248 | Carrier Compliance. |
| 249 | 4. Positions in the Department of Environmental Protection |
| 250 | that are assigned the duty of an Environmental Administrator or |
| 251 | program administrator. |
| 252 | 5. Positions in the Department of Health that are assigned |
| 253 | the duties of Environmental Administrator, Assistant County |
| 254 | Health Department Director, and County Health Department |
| 255 | Financial Administrator. |
| 256 |
|
| 257 | Unless otherwise fixed by law, the department shall set the |
| 258 | salary and benefits of the positions listed in this paragraph in |
| 259 | accordance with the rules established for the Selected Exempt |
| 260 | Service. |
| 261 | Section 4. Section 334.30, Florida Statutes, is amended to |
| 262 | read: |
| 263 | 334.30 Public-private Private transportation facilities.-- |
| 264 | The Legislature hereby finds and declares that there is a public |
| 265 | need for rapid construction of safe and efficient transportation |
| 266 | facilities for the purpose of travel within the state, and that |
| 267 | it is in the public's interest to provide for the construction |
| 268 | of additional safe, convenient, and economical transportation |
| 269 | facilities. |
| 270 | (1) The department may receive or solicit proposals and, |
| 271 | with legislative approval by a separate bill for each facility, |
| 272 | enter into agreements with private entities, or consortia |
| 273 | thereof, for the building, operation, ownership, or financing of |
| 274 | transportation facilities. The department may adopt rules |
| 275 | pursuant to ss. 120.536(1) and 120.54 to implement this section |
| 276 | and shall by rule establish an application fee for the |
| 277 | submission of proposals under this section. The fee must be |
| 278 | sufficient to pay the costs of evaluating the proposals. The |
| 279 | department may engage the services of private consultants to |
| 280 | assist in the evaluation. Before seeking legislative approval, |
| 281 | the department must determine that the proposed project: |
| 282 | (a) Is in the public's best interest; |
| 283 | (b) Would not require state funds to be used unless the |
| 284 | project is on the State Highway System there is an overriding |
| 285 | state interest; and |
| 286 | (c) Would have adequate safeguards in place to ensure that |
| 287 | no additional costs or service disruptions would be realized by |
| 288 | the traveling public and citizens of the state in the event of |
| 289 | default or cancellation of the agreement by the department. |
| 290 |
|
| 291 | The department shall ensure that all reasonable costs to the |
| 292 | state and substantially affected local governments and |
| 293 | utilities, related to the private transportation facilities that |
| 294 | are not part of the State Highway System facility, are borne by |
| 295 | the private entity. The department shall also ensure that all |
| 296 | reasonable costs to the state and substantially affected local |
| 297 | governments and utilities, related to the private transportation |
| 298 | facility, are borne by the private entity for transportation |
| 299 | facilities that are owned by private entities. For projects on |
| 300 | the State Highway System, the department may use state resources |
| 301 | to participate in funding and financing the project as provided |
| 302 | for under the department's enabling legislation. |
| 303 | (2) Agreements entered into pursuant to this section may |
| 304 | authorize the private entity to impose tolls or fares for the |
| 305 | use of the facility. However, the amount and use of toll or fare |
| 306 | revenues may be regulated by the department to avoid |
| 307 | unreasonable costs to users of the facility. |
| 308 | (3) Each private transportation facility constructed |
| 309 | pursuant to this section shall comply with all requirements of |
| 310 | federal, state, and local laws; state, regional, and local |
| 311 | comprehensive plans; department rules, policies, procedures, and |
| 312 | standards for transportation facilities; and any other |
| 313 | conditions which the department determines to be in the public's |
| 314 | best interest. |
| 315 | (4) The department may exercise any power possessed by it, |
| 316 | including eminent domain, with respect to the development and |
| 317 | construction of state transportation projects to facilitate the |
| 318 | development and construction of transportation projects pursuant |
| 319 | to this section. The department may provide services to the |
| 320 | private entity. Agreements for maintenance, law enforcement, and |
| 321 | other services entered into pursuant to this section shall |
| 322 | provide for full reimbursement for services rendered for |
| 323 | projects not on the State Highway System. |
| 324 | (5) Except as herein provided, the provisions of this |
| 325 | section are not intended to amend existing laws by granting |
| 326 | additional powers to, or further restricting, local governmental |
| 327 | entities from regulating and entering into cooperative |
| 328 | arrangements with the private sector for the planning, |
| 329 | construction, and operation of transportation facilities. |
| 330 | (6) The department may request proposals from private |
| 331 | entities for public-private transportation projects or, if the |
| 332 | department receives an unsolicited proposal, the department |
| 333 | shall publish a notice in the Florida Administrative Weekly and |
| 334 | a newspaper of general circulation at least once a week for 2 |
| 335 | weeks stating that the department has received the proposal and |
| 336 | will accept, for 60 days after the initial date of publication, |
| 337 | other proposals for the same project purpose. A copy of the |
| 338 | notice must be mailed to each local government in the affected |
| 339 | area. The department shall employ the provisions of ss. 812.081 |
| 340 | and 815.045, as required and as appropriate to ensure a fair, |
| 341 | competitive process during the public notification period. After |
| 342 | the public notification period has expired, the department shall |
| 343 | rank the proposals in order of preference. In ranking the |
| 344 | proposals, the department may consider factors including, but |
| 345 | not limited to, professional qualifications, general business |
| 346 | terms, innovative engineering or cost-reduction terms, finance |
| 347 | plans, and the need for state funds to deliver the project. If |
| 348 | the department is not satisfied with the results of the |
| 349 | negotiations, the department may, at its sole discretion, |
| 350 | terminate negotiations with the proposer. If these negotiations |
| 351 | are unsuccessful, the department may go to the second-ranked and |
| 352 | lower-ranked firms, in order, using this same procedure. If only |
| 353 | one proposal is received, the department may negotiate in good |
| 354 | faith and, if the department is not satisfied with the results |
| 355 | of the negotiations, the department may, at its sole discretion, |
| 356 | terminate negotiations with the proposer. Notwithstanding this |
| 357 | subsection, the department may, at its discretion, reject all |
| 358 | proposals at any point in the process up to completion of a |
| 359 | contract with the proposer. |
| 360 | (7) The department may lend funds from the Toll Facilities |
| 361 | Revolving Trust Fund as outlined in s. 338.251 or from the State |
| 362 | Infrastructure Bank as provided in s. 215.617 to private |
| 363 | entities that construct projects on the State Highway System |
| 364 | containing toll facilities that are approved under this section. |
| 365 | To be eligible, a private entity must comply with s. 338.251 and |
| 366 | must provide an indication from a nationally recognized rating |
| 367 | agency that the senior bonds for the project will be investment |
| 368 | grade or provide credit support, such as a letter of credit or |
| 369 | other means acceptable to the department, to ensure that the |
| 370 | loans will be fully repaid. The state's liability for funding of |
| 371 | a facility is limited to the amount approved for that specific |
| 372 | facility in the department's 5-year work program adopted |
| 373 | pursuant to s. 339.135. |
| 374 | (8)(6) A fixed-guideway transportation system authorized |
| 375 | by the department to be wholly or partially within the |
| 376 | department's right-of-way pursuant to a lease granted under s. |
| 377 | 337.251 may operate at any safe speed. |
| 378 | Section 5. Subsection (1) of section 337.401, Florida |
| 379 | Statutes, is amended to read: |
| 380 | 337.401 Use of right-of-way for utilities subject to |
| 381 | regulation; permit; fees.-- |
| 382 | (1) The department and local governmental entities, |
| 383 | referred to in ss. 337.401-337.404 as the "authority," that have |
| 384 | jurisdiction and control of public roads or publicly owned rail |
| 385 | corridors are authorized to prescribe and enforce reasonable |
| 386 | rules or regulations with reference to the placing and |
| 387 | maintaining along, across, or on any road or publicly owned rail |
| 388 | corridors under their respective jurisdictions any electric |
| 389 | transmission, telephone, telegraph, or other communications |
| 390 | services lines; pole lines; poles; railways; ditches; sewers; |
| 391 | water, heat, or gas mains; pipelines; fences; gasoline tanks and |
| 392 | pumps; or other structures hereinafter referred to as the |
| 393 | "utility." The department may enter into a permit-delegation |
| 394 | agreement with a governmental entity if issuance of a permit is |
| 395 | based on requirements that the department finds will ensure the |
| 396 | safety and integrity of facilities of the Department of |
| 397 | Transportation; however, such permit-delegation agreement shall |
| 398 | not apply to facilities of electric utilities as defined in s. |
| 399 | 366.02(2). |
| 400 | Section 6. Paragraph (m) of subsection (2) of section |
| 401 | 348.0004, Florida Statutes, is amended, and subsection (9) is |
| 402 | added to said section, to read: |
| 403 | 348.0004 Purposes and powers.-- |
| 404 | (2) Each authority may exercise all powers necessary, |
| 405 | appurtenant, convenient, or incidental to the carrying out of |
| 406 | its purposes, including, but not limited to, the following |
| 407 | rights and powers: |
| 408 | (m) An expressway authority in any county as defined in s. |
| 409 | 125.011(1) may consider any unsolicited proposals from private |
| 410 | entities and all factors it deems important in evaluating such |
| 411 | proposals. Such an expressway authority shall adopt rules or |
| 412 | policies in compliance with s. 334.30 for the receipt, |
| 413 | evaluation, and consideration of such proposals in order to |
| 414 | enter into agreements for the planning design, engineering, |
| 415 | construction, operation, ownership, or financing of additional |
| 416 | expressways in that county. Such rules must require |
| 417 | substantially similar technical information as is required by |
| 418 | rule 14-107.0011(3)(a)-(e), Florida Administrative Code. In |
| 419 | accepting a proposal and entering into such an agreement, the |
| 420 | expressway authority and the private entity shall for all |
| 421 | purposes be deemed to have complied with chapters 255 and 287. |
| 422 | Similar proposals shall be reviewed and acted on by the |
| 423 | authority in the order in which they were received. An |
| 424 | additional expressway may not be constructed under this section |
| 425 | without the prior express written consent of the board of county |
| 426 | commissioners of each county located within the geographical |
| 427 | boundaries of the authority. The powers granted by this section |
| 428 | are in addition to all other powers of the authority granted by |
| 429 | this chapter. |
| 430 | (9) The Legislature declares that there is a public |
| 431 | need for rapid construction of safe and efficient |
| 432 | transportation facilities for travel within the state and that |
| 433 | it is in the public interest to provide for public-private |
| 434 | partnership agreements to effectuate the construction of |
| 435 | additional safe, convenient, and economical transportation |
| 436 | facilities. |
| 437 | (a) Any expressway authority may receive or solicit |
| 438 | proposals and enter into agreements with private entities, or |
| 439 | consortia thereof, for the building, operation, ownership, or |
| 440 | financing of expressway authority transportation facilities or |
| 441 | new transportation facilities within the jurisdiction of the |
| 442 | expressway authority. An expressway authority is authorized to |
| 443 | adopt rules pursuant to ss. 120.536(1) and 120.54 to implement |
| 444 | this subsection and shall, by rule, establish an application fee |
| 445 | for the submission of unsolicited proposals under this |
| 446 | subsection. The fee must be sufficient to pay the costs of |
| 447 | evaluating the proposals. An expressway authority may engage |
| 448 | private consultants to assist in the evaluation. Before |
| 449 | approval, an expressway authority must determine that a proposed |
| 450 | project: |
| 451 | 1. Is in the public's best interest. |
| 452 | 2. Would not require state funds to be used unless the |
| 453 | project is on or provides increased mobility on the State |
| 454 | Highway System. |
| 455 | 3. Would have adequate safeguards to ensure that no |
| 456 | additional costs or service disruptions would be realized by the |
| 457 | traveling public and citizens of the state in the event of |
| 458 | default or the cancellation of the agreement by the expressway |
| 459 | authority. |
| 460 | (b) The expressway authority shall ensure that all |
| 461 | reasonable costs to the state, related to transportation |
| 462 | facilities that are not part of the State Highway System, are |
| 463 | borne by the private entity. The expressway authority shall also |
| 464 | ensure that all reasonable costs to the state and substantially |
| 465 | affected local governments and utilities, related to the private |
| 466 | transportation facility, are borne by the private entity for |
| 467 | transportation facilities that are owned by private entities. |
| 468 | For projects on the State Highway System, the department may use |
| 469 | state resources to participate in funding and financing the |
| 470 | project as provided for under the department's enabling |
| 471 | legislation. |
| 472 | (c) The expressway authority may request proposals for |
| 473 | public-private transportation projects or, if it receives an |
| 474 | unsolicited proposal, it must publish a notice in the Florida |
| 475 | Administrative Weekly and a newspaper of general circulation in |
| 476 | the county in which it is located at least once a week for 2 |
| 477 | weeks stating that it has received the proposal and will accept, |
| 478 | for 60 days after the initial date of publication, other |
| 479 | proposals for the same project purpose. A copy of the notice |
| 480 | must be mailed to each local government in the affected areas. |
| 481 | The expressway authority shall employ the provisions of ss. |
| 482 | 812.081 and 815.045 as required and as appropriate to ensure a |
| 483 | fair, competitive process during the public notification period. |
| 484 | After the public notification period has expired, the expressway |
| 485 | authority shall rank the proposals in order of preference. In |
| 486 | ranking the proposals, the expressway authority shall consider |
| 487 | professional qualifications, general business terms, innovative |
| 488 | engineering or cost-reduction terms, finance plans, and the need |
| 489 | for state funds to deliver the proposal. If the expressway |
| 490 | authority is not satisfied with the results of the negotiations, |
| 491 | it may, at its sole discretion, terminate negotiations with the |
| 492 | proposer. If these negotiations are unsuccessful, the expressway |
| 493 | authority may go the second and lower-ranked firms, in order, |
| 494 | using the same procedure. If only one proposal is received, the |
| 495 | expressway authority may negotiate in good faith and, if it is |
| 496 | not satisfied with the results, it may, at its sole discretion, |
| 497 | terminate negotiations with the proposer. Notwithstanding this |
| 498 | paragraph, the expressway authority may, at its discretion, |
| 499 | reject all proposals at any point in the process up to |
| 500 | completion of a contract with the proposer. |
| 501 | (d) The department may lend funds from the Toll Facilities |
| 502 | Revolving Trust Fund, as outlined in s. 338.251, to public- |
| 503 | private partnerships. To be eligible, a private entity must |
| 504 | comply with s. 338.251 and must provide an indication from a |
| 505 | nationally recognized rating agency that the senior bonds for |
| 506 | the project will be investment grade or provide credit support, |
| 507 | such as a letter of credit or other means acceptable to the |
| 508 | department, to ensure that the loans will be fully repaid. |
| 509 | (e) Agreements entered into pursuant to this subsection |
| 510 | may authorize the public-private entity to impose tolls or fares |
| 511 | for the use of the facility; however, the amount and use of toll |
| 512 | or fare revenues may be regulated by the expressway authority to |
| 513 | avoid unreasonable costs to users of the facility. |
| 514 | (f) Each public-private transportation facility |
| 515 | constructed pursuant to this subsection shall comply with all |
| 516 | requirements of federal, state, and local laws; state, regional, |
| 517 | and local comprehensive plans; the expressway authority's rules, |
| 518 | policies, procedures, and standards for transportation |
| 519 | facilities; and any other conditions that the expressway |
| 520 | authority determines to be in the public's best interest. |
| 521 | (g) An expressway authority may exercise any power |
| 522 | possessed by it, including eminent domain, to facilitate the |
| 523 | development and construction of transportation projects pursuant |
| 524 | to this subsection. An expressway authority may pay all or part |
| 525 | of the cost of operating and maintaining the facility or may |
| 526 | provide services to the private entity for which it receives |
| 527 | full or partial reimbursement for services rendered. |
| 528 | (h) Except as otherwise provided in this subsection, this |
| 529 | subsection is not intended to amend existing laws by granting |
| 530 | additional powers to governmental entities for or further |
| 531 | restrict governmental entities from regulating transportation |
| 532 | facilities and entering into cooperative arrangements with the |
| 533 | private sector for the planning, construction, and operation of |
| 534 | transportation facilities. |
| 535 | Section 7. This act shall take effect upon becoming a law. |