| 1 | Representative(s) Zapata offered the following: |
| 2 |
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| 3 | Amendment to Senate Amendment (400706) (with title |
| 4 | amendment) |
| 5 | On page 56, line 10, |
| 6 | insert: |
| 7 | Section 15. Paragraph (d) of subsection (2) of section |
| 8 | 348.0003, Florida Statutes, is amended to read: |
| 9 | 348.0003 Expressway authority; formation; membership.-- |
| 10 | (2) The governing body of an authority shall consist of |
| 11 | not fewer than five nor more than nine voting members. The |
| 12 | district secretary of the affected department district shall |
| 13 | serve as a nonvoting member of the governing body of each |
| 14 | authority located within the district. Each member of the |
| 15 | governing body must at all times during his or her term of |
| 16 | office be a permanent resident of the county which he or she is |
| 17 | appointed to represent. |
| 18 | (d) Notwithstanding any provision to the contrary in this |
| 19 | subsection, in any county as defined in s. 125.011(1), the |
| 20 | governing body of an authority shall consist of up to 7 13 |
| 21 | members, and the following provisions of this paragraph shall |
| 22 | apply specifically to such authority. Except for the district |
| 23 | secretary of the department, the members must be residents of |
| 24 | the county. Two Seven voting members shall be county |
| 25 | commissioners appointed by the chair of the governing body of |
| 26 | the county. One voting member shall be a mayor of a municipality |
| 27 | within the county and shall be appointed by the Miami-Dade |
| 28 | County League of Cities. Two At the discretion of the governing |
| 29 | body of the county, up to two of the members appointed by the |
| 30 | governing body of the county may be elected officials residing |
| 31 | in the county. Five voting members of the authority shall be |
| 32 | appointed by the Governor. One member shall be the district |
| 33 | secretary of the department serving in the district that |
| 34 | contains such county and shall be an ex officio, voting member |
| 35 | of the authority. One member shall be the chair of the Miami- |
| 36 | Dade legislative delegation, or another member of the delegation |
| 37 | appointed by the chair, and shall be an ex officio, nonvoting |
| 38 | member of the authority. This member shall be an ex officio |
| 39 | voting member of the authority. If the governing board of an |
| 40 | authority includes any member originally appointed by the |
| 41 | governing body of the county as a nonvoting member, when the |
| 42 | term of such member expires, that member shall be replaced by a |
| 43 | member appointed by the Governor until the governing body of the |
| 44 | authority is composed of seven members appointed by the |
| 45 | governing body of the county and five members appointed by the |
| 46 | Governor. The qualifications, terms of office, and obligations |
| 47 | and rights of members of the authority shall be determined by |
| 48 | resolution or ordinance of the governing body of the county in a |
| 49 | manner that is consistent with subsections (3) and (4). |
| 50 | Section 16. Paragraph (f) of subsection (2) of section |
| 51 | 348.0004, Florida Statutes, is amended to read: |
| 52 | 348.0004 Purposes and powers.-- |
| 53 | (2) Each authority may exercise all powers necessary, |
| 54 | appurtenant, convenient, or incidental to the carrying out of |
| 55 | its purposes, including, but not limited to, the following |
| 56 | rights and powers: |
| 57 | (f)1. To fix, alter, charge, establish, and collect tolls, |
| 58 | rates, fees, rentals, and other charges for the services and |
| 59 | facilities system, which tolls, rates, fees, rentals, and other |
| 60 | charges must always be sufficient to comply with any covenants |
| 61 | made with the holders of any bonds issued pursuant to the |
| 62 | Florida Expressway Authority Act. However, such right and power |
| 63 | may be assigned or delegated by the authority to the department. |
| 64 | Notwithstanding s. 338.165 or any other provision of law to the |
| 65 | contrary, in any county as defined in s. 125.011(1), to the |
| 66 | extent surplus revenues exist, they may be used for purposes |
| 67 | enumerated in subsection (7), provided the expenditures are |
| 68 | consistent with the metropolitan planning organization's adopted |
| 69 | long-range plan. Notwithstanding any other provision of law to |
| 70 | the contrary, but subject to any contractual requirements |
| 71 | contained in documents securing any outstanding indebtedness |
| 72 | payable from tolls, in any county as defined in s. 125.011(1), |
| 73 | the board of county commissioners may, by ordinance adopted on |
| 74 | or before September 30, 1999, alter or abolish existing tolls |
| 75 | and currently approved increases thereto if the board provides a |
| 76 | local source of funding to the county expressway system for |
| 77 | transportation in an amount sufficient to replace revenues |
| 78 | necessary to meet bond obligations secured by such tolls and |
| 79 | increases. |
| 80 | 2. Prior to raising tolls or establishing any new point of |
| 81 | toll collection by either cash payment or electronic toll |
| 82 | collection, an expressway authority in any county as defined in |
| 83 | s. 125.011(1) shall provide, where applicable, the county |
| 84 | commission, city commission, and metropolitan planning |
| 85 | organization in the affected area with written justification for |
| 86 | the proposed toll increase or new toll collection point. Each |
| 87 | local governmental entity and metropolitan planning organization |
| 88 | shall agenda the justification issue at its next available |
| 89 | public meeting and shall have 30 days after the date of that |
| 90 | meeting to request a public hearing on the proposed toll |
| 91 | increase or new toll collection point. Copies of the written |
| 92 | justification must also be provided to each member of the |
| 93 | Legislature who represents a district affected by the proposed |
| 94 | toll increase or new collection point, and the copies must be |
| 95 | provided at the same time as the information is submitted to the |
| 96 | local governmental entity. Within 60 days after receiving a |
| 97 | public hearing request from a local governmental entity or |
| 98 | metropolitan planning organization, the expressway authority |
| 99 | shall hold at least two public hearings in the area to be |
| 100 | affected by its proposal. The public hearings shall be |
| 101 | advertised in a newspaper of general circulation, as defined in |
| 102 | s. 97.021(16), in the affected county. Notice of the public |
| 103 | hearing must be provided to each member of the Legislature who |
| 104 | represents a district affected by the proposed toll increase or |
| 105 | new collection point. During the public hearings, the expressway |
| 106 | authority shall, at a minimum, present an in-depth cost-benefit |
| 107 | analysis of the proposed toll increase, present an in-depth |
| 108 | description of the transportation projects to be funded, and |
| 109 | document all questions, suggestions, or other comments offered |
| 110 | by the public. No toll increase shall become effective and no |
| 111 | new point of toll collections shall become operational until 90 |
| 112 | days after the last public hearing as required by this paragraph |
| 113 | is held. The provisions of this subsection shall not apply to |
| 114 | any change in the toll rate for the use of any portion of the |
| 115 | expressway system of an authority or any new project undertaken |
| 116 | by the authority that has been approved by the authority prior |
| 117 | to January 1, 2005. |
| 118 |
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| 119 |
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| 120 | ================= T I T L E A M E N D M E N T ================= |
| 121 | On page 60, line(s) 30, |
| 122 | remove: All of said line, |
| 123 |
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| 124 | and insert: |
| 125 | include an implementation plan; creating s. 322.073, F.S.; |
| 126 | providing for the Department of Highway Safety and Motor |
| 127 | Vehicles to issue driver licenses to certain foreign |
| 128 | nationals who frequently visit the state; providing for |
| 129 | expiration and renewal of the license; requiring |
| 130 | submission of certain information to receive the license; |
| 131 | authorizing the department to adopt rules; creating s. |
| 132 | 322.075, F.S.; providing for the department to issue |
| 133 | driving permits to certain foreign nationals who entered |
| 134 | the country under specified circumstances; providing |
| 135 | eligibility criteria; requiring the department to conduct |
| 136 | criminal history records checks; providing requirements |
| 137 | for the permits; providing for period of validity; |
| 138 | restricting validity to use in the state; providing for |
| 139 | renewal; prohibiting certain use and providing penalties |
| 140 | therefor; providing for seizure and cancellation of the |
| 141 | permit under certain circumstances; providing for fees; |
| 142 | authorizing the department to adopt rules; amending s. |
| 143 | 348.0003, F.S.; changing the membership of expressway |
| 144 | authority governing boards in certain counties; amending |
| 145 | s. 348.0004, F.S.; requiring notification to certain local |
| 146 | governmental entities and metropolitan planning |
| 147 | organizations by certain expressway authorities proposing |
| 148 | a toll increase or a new point of toll collection; |
| 149 | providing procedures for public notice and hearing prior |
| 150 | to implementation; providing for application; providing an |