Senate Bill sb1766e1

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    CS for CS for SB 1766                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         112.061, F.S.; authorizing metropolitan

  4         planning organizations and certain separate

  5         entities to establish per diem and travel

  6         reimbursement rates; amending s. 121.021, F.S.;

  7         revising the definition of "local agency

  8         employer" to include metropolitan planning

  9         organizations and certain separate entities for

10         purposes of the Florida Retirement System Act;

11         revising the definition of "regularly

12         established position" to include positions in

13         metropolitan planning organizations; amending

14         s. 121.051, F.S.; providing for metropolitan

15         planning organizations to participate in the

16         Florida Retirement System; amending s. 121.055,

17         F.S.; requiring certain metropolitan planning

18         organization and similar entity staff positions

19         to be in the Senior Management Service Class of

20         the Florida Retirement System; amending s.

21         121.061, F.S.; providing for enforcement of

22         certain employer funding contributions required

23         under the Florida Retirement System;

24         authorizing deductions of amounts owed from

25         certain funds distributed to a metropolitan

26         planning organization; authorizing the

27         governing body of a metropolitan planning

28         organization to file and maintain an action in

29         court to require an employer to remit

30         retirement or social security member

31         contributions or employer matching payments;


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    CS for CS for SB 1766                          First Engrossed



 1         amending s. 121.081, F.S.; providing for

 2         metropolitan planning organization officers and

 3         staff to claim past service for retirement

 4         benefits; amending s. 311.22, F.S.; revising

 5         the funding for certain dredging projects;

 6         amending s. 320.20, F.S.; revising the

 7         distribution of license tax moneys deposited in

 8         the State Transportation Trust Fund for the

 9         funding of the Florida Seaport Transportation

10         and Economic Development program and certain

11         seaport intermodal access projects; requiring

12         the Florida Seaport Transportation and Economic

13         Development Council to submit a list of certain

14         freight mobility projects to the Department of

15         Transportation; requiring the council and the

16         department to agree upon the projects selected

17         for funding; requiring the department to

18         include the selected projects for funding in

19         the tentative work program; providing that

20         refunding bonds shall be issued by the Division

21         of Bond Finance at the request of the

22         department; providing for funding the

23         construction of wharves and docks; requiring

24         that a certain sum of money be deposited in the

25         State Transportation Trust Fund for the funding

26         of the Florida Seaport Transportation and

27         Economic Development program and certain

28         seaport intermodal access projects; providing

29         for distribution of revenues for the funding of

30         certain seaport intermodal access projects;

31         creating s. 336.68, F.S.; providing that a


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 1         property owner having real property located

 2         within the boundaries of a community

 3         development district and a special road and

 4         bridge district may select the community

 5         development district to be the provider of the

 6         road and drainage improvements to the property

 7         of the owner; authorizing the owner of the

 8         property to withdraw the property from the

 9         special road and bridge district; specifying

10         the procedures and criteria required in order

11         to remove the real property from the special

12         road and bridge district; authorizing the

13         governing body of the special road and bridge

14         district to file a written objection to the

15         proposed withdrawal of the property; amending

16         s. 339.155, F.S.; authorizing the development

17         of additional regional transportation plans by

18         regional transportation planning organizations

19         in certain areas; providing membership

20         requirements for regional transportation

21         planning organizations comprising

22         representatives of transportation planning and

23         economic development interests within a region;

24         authorizing a regional transportation planning

25         organization to be expanded upon agreement of

26         the regional transportation authority and

27         representatives of the area to be expanded

28         into, or mode to be included; providing for the

29         development of by-laws and establishing minimum

30         terms for certain members of the regional

31         transportation authority; creating the Bay Area


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    CS for CS for SB 1766                          First Engrossed



 1         Transportation Regional Planning Organization

 2         in Hernando, Hillsborough, Manatee, Pasco,

 3         Pinellas, Polk, and Sarasota Counties,

 4         comprised of representatives of transportation

 5         planning and economic development interests

 6         within the region; authorizing the Bay Area

 7         Regional Transportation Planning Organization

 8         to be expanded upon agreement of the regional

 9         transportation authority and of the area to be

10         expanded into, or mode to be included;

11         providing for the development of by-laws and

12         establishing minimum terms for certain members

13         of the regional transportation representatives

14         authority; precluding regional transportation

15         organization members from compensation;

16         providing an appropriation; amending s.

17         339.2819, F.S.; providing that the

18         Transportation Regional Incentive Program may

19         fund up to 75 percent of costs for projects

20         identified in a regional transportation plan

21         developed by a regional transportation planning

22         organization; amending s. 339.175, F.S.;

23         specifying that a metropolitan planning

24         organization is a separate legal entity

25         independent of entities represented on the

26         M.P.O. and signatories to the agreement

27         creating the M.P.O.; providing for transfer of

28         responsibilities and liabilities to the new

29         M.P.O. upon execution of a new interlocal

30         agreement by the governmental entities

31         constituting the M.P.O.; providing for


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 1         selection of certain officers and an agency

 2         clerk; revising requirements for voting

 3         membership; specifying that certain

 4         constitutional officers are not elected

 5         officials of a general-purpose local government

 6         for voting membership purposes; establishing a

 7         process for appointing alternate members;

 8         revising provisions for nonvoting advisers;

 9         revising provisions for employment of staff by

10         an M.P.O.; providing for training of certain

11         persons who serve on an M.P.O. for certain

12         purposes; providing additional powers and

13         duties of M.P.O.'s; revising voting

14         requirements for approval of certain plans and

15         programs and amendments thereto; requiring the

16         Florida Transportation Commission to conduct a

17         study of the progress made by M.P.O.'s to

18         establish improved coordinated transportation

19         planning processes; requiring a report;

20         detailing the issues the report must consider;

21         requiring that the report be submitted to the

22         Governor and the Legislature by a specified

23         date; amending s. 20.23, F.S.; providing that

24         the salary and benefits of the executive

25         director of the Florida Transportation

26         Commission shall be set in accordance with the

27         Senior Management Service; amending s. 332.007,

28         F.S.; authorizing the Department of

29         Transportation to provide funds for certain

30         general aviation projects under certain

31         circumstances; amending s. 332.007, F.S.,


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    CS for CS for SB 1766                          First Engrossed



 1         relating to the administration and financing of

 2         aviation and airport operational and

 3         maintenance projects of publicly owned

 4         airports; changing the expiration date of the

 5         financial programs to the year 2012 from 2007;

 6         amending s. 212.055, F.S.; deleting a

 7         restriction on the frequency with which bonds

 8         may be issued under s. 212.055(2), F.S.;

 9         allowing counties that are not charter counties

10         to levy, by ordinance, a county transportation

11         system surtax; requiring that a discretionary

12         sales surtax that is to be adopted by

13         referendum be placed on the ballot at a time

14         set at the discretion of the governing body of

15         a county; requiring that the proceeds from a

16         surtax be distributed to a county and to each

17         municipality within the county according to an

18         interlocal agreement or an apportionment

19         factor; providing that the proceeds from the

20         surtax be used for certain purposes as

21         considered appropriate by the county

22         commission; amending s. 336.025, F.S.; deleting

23         a restriction on the frequency with which bonds

24         may be issued under this section; amending s.

25         339.08, F.S.; allowing moneys in the State

26         Transportation Trust Fund to be used to pay the

27         cost of the Enhanced Bridge Program; creating

28         s. 339.282, F.S.; creating the Enhanced Bridge

29         Program for Sustainable Transportation within

30         the Department of Transportation; providing for

31         the use of funds in the program; providing


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    CS for CS for SB 1766                          First Engrossed



 1         project guidelines for program funding;

 2         creating s. 339.284, F.S.; providing certain

 3         incentives for certain private-sector

 4         contributions to improve transportation

 5         facilities; providing for the contribution to

 6         be applied as a credit against transportation

 7         concurrency requirements; providing procedures

 8         and criteria; amending s. 316.650, F.S.;

 9         revising procedures for disposition of

10         citations issued for failure to pay toll;

11         providing that the citation will not be

12         submitted to the court and no points will be

13         assessed on the driver's license if the person

14         cited elects to make payment directly to the

15         governmental entity that issued the citation;

16         providing for reporting of the citation by the

17         governmental entity to the Department of

18         Highway Safety and Motor Vehicles; amending s.

19         318.14, F.S.; providing for the amount required

20         to be paid under certain procedures for

21         disposition of a citation issued for failure to

22         pay a toll; providing for the person cited to

23         request a court hearing; amending s. 318.18,

24         F.S.; revising penalties for failure to pay a

25         prescribed toll; providing for disposition of

26         amounts received by the clerk of court;

27         revising procedures for withholding of

28         adjudication; providing for suspension of a

29         driver's license under certain circumstances;

30         amending s. 348.754, F.S.; authorizing the

31         Orlando-Orange County Expressway Authority to


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    CS for CS for SB 1766                          First Engrossed



 1         waive payment and performance bonds on certain

 2         construction contracts if the contract is

 3         awarded pursuant to an economic development

 4         program for the encouragement of local small

 5         businesses; providing criteria for

 6         participation in the program; providing

 7         criteria for the bond waiver; providing for

 8         certain determinations by the authority's

 9         executive director or a designee as to the

10         suitability of a project; providing for certain

11         payment obligations if a payment and

12         performance bond is waived; requiring the

13         authority to record notice of the obligation;

14         limiting eligibility to bid on the projects;

15         providing for the authority to conduct

16         bond-eligibility training for certain

17         businesses; requiring the authority to submit

18         biennial reports to the Orange County

19         legislative delegation; amending s. 348.0004,

20         F.S.; authorizing transportation authorities,

21         bridge authorities, or toll authorities to

22         enter agreements with private entities to

23         provide transportation facilities; amending s.

24         348.0012, F.S.; clarifying certain exemptions

25         from the Florida Expressway Authority Act;

26         requiring the Legislative Committee on

27         Intergovernmental Relations to study methods to

28         incentivize and reward certain local

29         governments; requiring state agencies to

30         provide data for the study; requiring the

31  


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    CS for CS for SB 1766                          First Engrossed



 1         committee to submit a report summarizing its

 2         findings; providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (14) of section 112.061, Florida

 7  Statutes, is amended to read:

 8         112.061  Per diem and travel expenses of public

 9  officers, employees, and authorized persons.--

10         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

11  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--

12         (a)  Rates that exceed the maximum travel reimbursement

13  rates for nonstate travelers specified in paragraph (6)(a) for

14  per diem, in paragraph (6)(b) for subsistence, and in

15  subparagraph (7)(d)1. for mileage may be established by:

16         1.  The governing body of a county by the enactment of

17  an ordinance or resolution;

18         2.  A county constitutional officer, pursuant to s.

19  1(d), Art. VIII of the State Constitution, by the

20  establishment of written policy;

21         3.  The governing body of a district school board by

22  the adoption of rules; or

23         4.  The governing body of a special district, as

24  defined in s. 189.403(1), except those special districts that

25  are subject to s. 166.021(10), by the enactment of a

26  resolution; or

27         5.  Any metropolitan planning organization created

28  pursuant to s. 339.175, or any separate legal or

29  administrative entity created pursuant to s. 339.175 of which

30  a metropolitan planning organization is a member, by enactment

31  of a resolution.


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    CS for CS for SB 1766                          First Engrossed



 1         (b)  Rates established pursuant to paragraph (a) must

 2  apply uniformly to all travel by the county, county

 3  constitutional officer and entity governed by that officer,

 4  district school board, or special district, or metropolitan

 5  planning organization.

 6         (c)  Except as otherwise provided in this subsection,

 7  counties, county constitutional officers and entities governed

 8  by those officers, district school boards, and special

 9  districts, other than those subject to s. 166.021(10), remain

10  subject to the requirements of this section.

11         Section 2.  Paragraph (a) of subsection (42) and

12  paragraph (b) of subsection (52) of section 121.021, Florida

13  Statutes, are amended to read:

14         121.021  Definitions.--The following words and phrases

15  as used in this chapter have the respective meanings set forth

16  unless a different meaning is plainly required by the context:

17         (42)(a)  "Local agency employer" means the board of

18  county commissioners or other legislative governing body of a

19  county, however styled, including that of a consolidated or

20  metropolitan government; a clerk of the circuit court,

21  sheriff, property appraiser, tax collector, or supervisor of

22  elections, provided such officer is elected or has been

23  appointed to fill a vacancy in an elective office; a community

24  college board of trustees or district school board; or the

25  governing body of any city, metropolitan planning organization

26  created pursuant to s. 339.175, or any separate legal or

27  administrative entity created pursuant to s. 339.175, or

28  special district of the state which participates in the system

29  for the benefit of certain of its employees.

30         (52)  "Regularly established position" is defined as

31  follows:


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    CS for CS for SB 1766                          First Engrossed



 1         (b)  In a local agency (district school board, county

 2  agency, community college, city, metropolitan planning

 3  organization, or special district), the term means a regularly

 4  established position which will be in existence for a period

 5  beyond 6 consecutive months, except as provided by rule.

 6         Section 3.  Paragraph (b) of subsection (2) of section

 7  121.051, Florida Statutes, is amended to read:

 8         121.051  Participation in the system.--

 9         (2)  OPTIONAL PARTICIPATION.--

10         (b)1.  The governing body of any municipality,

11  metropolitan planning organization, or special district in the

12  state may elect to participate in the system upon proper

13  application to the administrator and may cover all or any of

14  its units as approved by the Secretary of Health and Human

15  Services and the administrator. The department shall adopt

16  rules establishing provisions for the submission of documents

17  necessary for such application. Prior to being approved for

18  participation in the Florida Retirement System, the governing

19  body of any such municipality, metropolitan planning

20  organization, or special district that has a local retirement

21  system shall submit to the administrator a certified financial

22  statement showing the condition of the local retirement system

23  as of a date within 3 months prior to the proposed effective

24  date of membership in the Florida Retirement System. The

25  statement must be certified by a recognized accounting firm

26  that is independent of the local retirement system. All

27  required documents necessary for extending Florida Retirement

28  System coverage must be received by the department for

29  consideration at least 15 days prior to the proposed effective

30  date of coverage. If the municipality, metropolitan planning

31  organization, or special district does not comply with this


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    CS for CS for SB 1766                          First Engrossed



 1  requirement, the department may require that the effective

 2  date of coverage be changed.

 3         2.  Any city, metropolitan planning organization, or

 4  special district that has an existing retirement system

 5  covering the employees in the units that are to be brought

 6  under the Florida Retirement System may participate only after

 7  holding a referendum in which all employees in the affected

 8  units have the right to participate. Only those employees

 9  electing coverage under the Florida Retirement System by

10  affirmative vote in said referendum shall be eligible for

11  coverage under this chapter, and those not participating or

12  electing not to be covered by the Florida Retirement System

13  shall remain in their present systems and shall not be

14  eligible for coverage under this chapter. After the referendum

15  is held, all future employees shall be compulsory members of

16  the Florida Retirement System.

17         3.  The governing body of any city, metropolitan

18  planning organization, or special district complying with

19  subparagraph 1. may elect to provide, or not provide, benefits

20  based on past service of officers and employees as described

21  in s. 121.081(1). However, if such employer elects to provide

22  past service benefits, such benefits must be provided for all

23  officers and employees of its covered group.

24         4.  Once this election is made and approved it may not

25  be revoked, except pursuant to subparagraphs 5. and 6., and

26  all present officers and employees electing coverage under

27  this chapter and all future officers and employees shall be

28  compulsory members of the Florida Retirement System.

29         5.  Subject to the conditions set forth in subparagraph

30  6., the governing body of any hospital licensed under chapter

31  395 which is governed by the board of a special district as


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    CS for CS for SB 1766                          First Engrossed



 1  defined in s. 189.403(1) or by the board of trustees of a

 2  public health trust created under s. 154.07, hereinafter

 3  referred to as "hospital district," and which participates in

 4  the system, may elect to cease participation in the system

 5  with regard to future employees in accordance with the

 6  following procedure:

 7         a.  No more than 30 days and at least 7 days before

 8  adopting a resolution to partially withdraw from the Florida

 9  Retirement System and establish an alternative retirement plan

10  for future employees, a public hearing must be held on the

11  proposed withdrawal and proposed alternative plan.

12         b.  From 7 to 15 days before such hearing, notice of

13  intent to withdraw, specifying the time and place of the

14  hearing, must be provided in writing to employees of the

15  hospital district proposing partial withdrawal and must be

16  published in a newspaper of general circulation in the area

17  affected, as provided by ss. 50.011-50.031. Proof of

18  publication of such notice shall be submitted to the

19  Department of Management Services.

20         c.  The governing body of any hospital district seeking

21  to partially withdraw from the system must, before such

22  hearing, have an actuarial report prepared and certified by an

23  enrolled actuary, as defined in s. 112.625(3), illustrating

24  the cost to the hospital district of providing, through the

25  retirement plan that the hospital district is to adopt,

26  benefits for new employees comparable to those provided under

27  the Florida Retirement System.

28         d.  Upon meeting all applicable requirements of this

29  subparagraph, and subject to the conditions set forth in

30  subparagraph 6., partial withdrawal from the system and

31  adoption of the alternative retirement plan may be


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    CS for CS for SB 1766                          First Engrossed



 1  accomplished by resolution duly adopted by the hospital

 2  district board. The hospital district board must provide

 3  written notice of such withdrawal to the division by mailing a

 4  copy of the resolution to the division, postmarked no later

 5  than December 15, 1995. The withdrawal shall take effect

 6  January 1, 1996.

 7         6.  Following the adoption of a resolution under

 8  sub-subparagraph 5.d., all employees of the withdrawing

 9  hospital district who were participants in the Florida

10  Retirement System prior to January 1, 1996, shall remain as

11  participants in the system for as long as they are employees

12  of the hospital district, and all rights, duties, and

13  obligations between the hospital district, the system, and the

14  employees shall remain in full force and effect. Any employee

15  who is hired or appointed on or after January 1, 1996, may not

16  participate in the Florida Retirement System, and the

17  withdrawing hospital district shall have no obligation to the

18  system with respect to such employees.

19         Section 4.  Paragraph (l) is added to subsection (1) of

20  section 121.055, Florida Statutes, to read:

21         121.055  Senior Management Service Class.--There is

22  hereby established a separate class of membership within the

23  Florida Retirement System to be known as the "Senior

24  Management Service Class," which shall become effective

25  February 1, 1987.

26         (1)

27         (l)  For each metropolitan planning organization that

28  has opted to become part of the Florida Retirement System,

29  participation in the Senior Management Service Class shall be

30  compulsory for the executive director or staff director of

31  


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    CS for CS for SB 1766                          First Engrossed



 1  that metropolitan planning organization or similar entity

 2  created pursuant to s. 339.175.

 3         Section 5.  Paragraphs (a) and (c) of subsection (2) of

 4  section 121.061, Florida Statutes, are amended to read:

 5         121.061  Funding.--

 6         (2)(a)  Should any employer other than a state employer

 7  fail to make the retirement and social security contributions,

 8  both member and employer contributions, required by this

 9  chapter, then, upon request by the administrator, the

10  Department of Revenue or the Department of Financial Services,

11  as the case may be, shall deduct the amount owed by the

12  employer from any funds to be distributed by it to the county,

13  city, metropolitan planning organization, special district, or

14  consolidated form of government. The amounts so deducted shall

15  be transferred to the administrator for further distribution

16  to the trust funds in accordance with this chapter.

17         (c)  The governing body of each county, city,

18  metropolitan planning organization, special district, or

19  consolidated form of government participating under this

20  chapter or the administrator, acting individually or jointly,

21  is hereby authorized to file and maintain an action in the

22  courts of the state to require any employer to remit any

23  retirement or social security member contributions or employer

24  matching payments due the retirement or social security trust

25  funds under the provisions of this chapter.

26         Section 6.  Paragraphs (a), (b), and (e) of subsection

27  (1) of section 121.081, Florida Statutes, are amended to read:

28         121.081  Past service; prior service;

29  contributions.--Conditions under which past service or prior

30  service may be claimed and credited are:

31  


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    CS for CS for SB 1766                          First Engrossed



 1         (1)(a)  Past service, as defined in s. 121.021(18), may

 2  be claimed as creditable service by officers or employees of a

 3  city, metropolitan planning organization, or special district

 4  that become a covered group under this system. The governing

 5  body of a covered group in compliance with s. 121.051(2)(b)

 6  may elect to provide benefits with respect to past service

 7  earned prior to January 1, 1975, in accordance with this

 8  chapter, and the cost for such past service shall be

 9  established by applying the following formula: The member

10  contribution for both regular and special risk members shall

11  be 4 percent of the gross annual salary for each year of past

12  service claimed, plus 4-percent employer matching

13  contribution, plus 4 percent interest thereon compounded

14  annually, figured on each year of past service, with interest

15  compounded from date of annual salary earned until July 1,

16  1975, and 6.5 percent interest compounded annually thereafter

17  until date of payment. Once the total cost for a member has

18  been figured to date, then after July 1, 1975, 6.5 percent

19  compounded interest shall be added each June 30 thereafter on

20  any unpaid balance until the cost of such past service

21  liability is paid in full. The following formula shall be used

22  in calculating past service earned prior to January 1, 1975:

23  (Annual gross salary multiplied by 8 percent) multiplied by

24  the 4 percent or 6.5 percent compound interest table factor,

25  as may be applicable. The resulting product equals cost to

26  date for each particular year of past service.

27         (b)  Past service earned after January 1, 1975, may be

28  claimed by officers or employees of a city, metropolitan

29  planning organization, or special district that becomes a

30  covered group under this system. The governing body of a

31  covered group may elect to provide benefits with respect to


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    CS for CS for SB 1766                          First Engrossed



 1  past service earned after January 1, 1975, in accordance with

 2  this chapter, and the cost for such past service shall be

 3  established by applying the following formula: The employer

 4  shall contribute an amount equal to the contribution rate in

 5  effect at the time the service was earned, multiplied by the

 6  employee's gross salary for each year of past service claimed,

 7  plus 6.5 percent interest thereon, compounded annually,

 8  figured on each year of past service, with interest compounded

 9  from date of annual salary earned until date of payment.

10         (e)  Past service, as defined in s. 121.021(18), may be

11  claimed as creditable service by a member of the Florida

12  Retirement System who formerly was an officer or employee of a

13  city, metropolitan planning organization, or special district,

14  notwithstanding the status or form of the retirement system,

15  if any, of that city, metropolitan planning organization, or

16  special district and irrespective of whether officers or

17  employees of that city, metropolitan planning organization, or

18  special district now or hereafter become a covered group under

19  the Florida Retirement System. Such member may claim

20  creditable service and be entitled to the benefits accruing to

21  the regular class of members as provided for the past service

22  claimed under this paragraph by paying into the retirement

23  trust fund an amount equal to the total actuarial cost of

24  providing the additional benefit resulting from such

25  past-service credit, discounted by the applicable actuarial

26  factors to date of retirement.

27         Section 7.  Subsection (1) of section 311.22, Florida

28  Statutes, is amended to read:

29         311.22  Additional authorization for funding certain

30  dredging projects.--

31  


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    CS for CS for SB 1766                          First Engrossed



 1         (1)  The Florida Seaport Transportation and Economic

 2  Development Council shall establish a program to fund dredging

 3  projects in counties having a population of fewer than 300,000

 4  according to the last official census. Funds made available

 5  under this program may be used to fund approved projects for

 6  the dredging or deepening of channels, turning basins, or

 7  harbors on a 25-percent local 50-50 matching basis with any

 8  port authority, as such term is defined in s. 315.02(2), which

 9  complies with the permitting requirements in part IV of

10  chapter 373 and the local financial management and reporting

11  provisions of part III of chapter 218.

12         Section 8.  Section 320.20, Florida Statutes, is

13  amended to read:

14         320.20  Disposition of license tax moneys.--The revenue

15  derived from the registration of motor vehicles, including any

16  delinquent fees and excluding those revenues collected and

17  distributed under the provisions of s. 320.081, must be

18  distributed monthly, as collected, as follows:

19         (1)  The first proceeds, to the extent necessary to

20  comply with the provisions of s. 18, Art. XII of the State

21  Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968

22  revised constitution, and the additional provisions of s. 9(d)

23  and s. 1010.57, must be deposited in the district Capital

24  Outlay and Debt Service School Trust Fund.

25         (2)  Twenty-five million dollars per year of such

26  revenues must be deposited in the State Transportation Trust

27  Fund, with priority use assigned to completion of the

28  interstate highway system. However, any excess funds may be

29  utilized for general transportation purposes, consistent with

30  the Department of Transportation's legislatively approved

31  objectives.


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    CS for CS for SB 1766                          First Engrossed



 1         (3)  Notwithstanding any other provision of law except

 2  subsections (1) and (2), on July 1, 1996, and annually

 3  thereafter, $15 million shall be deposited in the State

 4  Transportation Trust Fund solely for the purposes of funding

 5  the Florida Seaport Transportation and Economic Development

 6  Program as provided for in chapter 311.  Such revenues shall

 7  be distributed to any port listed in s. 311.09(1), to be used

 8  for funding projects as follows:

 9         (a)  For any seaport intermodal access projects that

10  are identified in the tentative work program of the Department

11  of Transportation for the 2006-2007 to 2010-2011 fiscal years,

12  up to the amounts needed to offset the funding requirements of

13  this section.

14         (b)  For seaport intermodal access projects as

15  described in s. 341.053(5) which are identified in the 5-year

16  Florida Seaport Mission Plan as provided in s. 311.09(3),

17  funding shall require at least a 25-percent match of the funds

18  received pursuant to this subsection. Matching funds shall

19  come from any port funds, federal funds, local funds, or

20  private funds.

21         (c)  For seaport projects as described in s.

22  311.07(3)(b), funds shall be provided on a 50-50 matching

23  basis.

24         (d)  For seaport intermodal access projects that

25  involve the dredging or deepening of channels, turning basins,

26  or harbors, or the construction or rehabilitation of wharves,

27  docks, or similar structures, funding shall require at least a

28  25-percent match of the funds received pursuant to this

29  subsection. Matching funds shall come from any port funds,

30  federal funds, local funds, or private funds. on a 50-50

31  


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    CS for CS for SB 1766                          First Engrossed



 1  matching basis to any port listed in s. 311.09(1) to be used

 2  for funding projects as described in s. 311.07(3)(b).

 3  

 4  Such revenues may be assigned, pledged, or set aside as a

 5  trust for the payment of principal or interest on bonds, tax

 6  anticipation certificates, or any other form of indebtedness

 7  issued by an individual port or appropriate local government

 8  having jurisdiction thereof, or collectively by interlocal

 9  agreement among any of the ports, or used to purchase credit

10  support to permit such borrowings. However, such debt shall

11  not constitute a general obligation of the State of Florida.

12  The state does hereby covenant with holders of such revenue

13  bonds or other instruments of indebtedness issued hereunder

14  that it will not repeal or impair or amend in any manner which

15  will materially and adversely affect the rights of such

16  holders so long as bonds authorized by this section are

17  outstanding.  Any revenues which are not pledged to the

18  repayment of bonds as authorized by this section may be

19  utilized for purposes authorized under the Florida Seaport

20  Transportation and Economic Development Program.  This revenue

21  source is in addition to any amounts provided for and

22  appropriated in accordance with s. 311.07.  The Florida

23  Seaport Transportation and Economic Development Council shall

24  submit to the Department of Transportation a list of strategic

25  transportation, economic development, and freight mobility

26  projects that contribute to the economic growth of the state

27  and that approve distribution of funds to ports for projects

28  which have been approved pursuant to s. 311.09(5)-(9). The

29  council and the Department of Transportation shall mutually

30  agree upon the prioritization and selection of projects for

31  funding. The Department of Transportation shall include the


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    CS for CS for SB 1766                          First Engrossed



 1  selected projects for funding in the tentative work program

 2  developed pursuant to s. 339.135. The council and the

 3  Department of Transportation are authorized to perform such

 4  acts as are required to facilitate and implement the

 5  provisions of this subsection, including the funding of

 6  approved projects by the use of other state funding programs,

 7  local contributions from seaports, and the creative use of

 8  federal funds. To better enable the ports to cooperate to

 9  their mutual advantage, the governing body of each port may

10  exercise powers provided to municipalities or counties in s.

11  163.01(7)(d) subject to the provisions of chapter 311 and

12  special acts, if any, pertaining to a port.  The use of funds

13  provided pursuant to this subsection are limited to eligible

14  projects listed in this subsection.  Income derived from a

15  project completed with the use of program funds, beyond

16  operating costs and debt service, shall be restricted to

17  further port capital improvements consistent with maritime

18  purposes and for no other purpose.  Use of such income for

19  nonmaritime purposes is prohibited. The provisions of s.

20  311.07(4) do not apply to any funds received pursuant to this

21  subsection. The revenues available under this subsection shall

22  not be pledged to the payment of any bonds other than the

23  Florida Ports Financing Commission Series 1996 and Series 1999

24  Bonds currently outstanding; provided, however, such revenues

25  may be pledged to secure payment of refunding bonds to

26  refinance the Florida Ports Financing Commission Series 1996

27  and Series 1999 Bonds. No refunding bonds secured by revenues

28  available under this subsection may be issued with a final

29  maturity later than the final maturity of the Florida Ports

30  Financing Commission Series 1996 and Series 1999 Bonds or

31  which provide for higher debt service in any year than is


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    CS for CS for SB 1766                          First Engrossed



 1  currently payable on such bonds. Any revenue bonds or other

 2  indebtedness issued after July 1, 2000, including other than

 3  refunding bonds, shall be issued by the Division of Bond

 4  Finance at the request of the Department of Transportation

 5  pursuant to the State Bond Act.

 6         (4)  Notwithstanding any other provision of law except

 7  subsections (1), (2), and (3), on July 1, 1999, and annually

 8  thereafter, $10 million shall be deposited in the State

 9  Transportation Trust Fund solely for the purposes of funding

10  the Florida Seaport Transportation and Economic Development

11  Program as provided in chapter 311 and for funding seaport

12  intermodal access projects of statewide significance as

13  provided in s. 341.053. Such revenues shall be distributed to

14  any port listed in s. 311.09(1), to be used for funding

15  projects as follows:

16         (a)  For any seaport intermodal access projects that

17  are identified in the 1997-1998 Tentative Work Program of the

18  Department of Transportation, up to the amounts needed to

19  offset the funding requirements of this section.

20         (b)  For seaport intermodal access projects as

21  described in s. 341.053(5) that are identified in the 5-year

22  Florida Seaport Mission Plan as provided in s. 311.09(3).

23  Funding for such projects shall be on a matching basis as

24  mutually determined by the Florida Seaport Transportation and

25  Economic Development Council and the Department of

26  Transportation, provided a minimum of 25 percent of total

27  project funds shall come from any port funds, local funds,

28  private funds, or specifically earmarked federal funds.

29         (c)  On a 50-50 matching basis for projects as

30  described in s. 311.07(3)(b).

31  


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    CS for CS for SB 1766                          First Engrossed



 1         (d)  For seaport intermodal access projects that

 2  involve the dredging or deepening of channels, turning basins,

 3  or harbors,; or the construction or rehabilitation of wharves,

 4  docks, or similar structures. Funding for such projects shall

 5  require a 25-percent match of the funds received pursuant to

 6  this subsection. Matching funds shall come from any port

 7  funds, federal funds, local funds, or private funds.

 8  

 9  Such revenues may be assigned, pledged, or set aside as a

10  trust for the payment of principal or interest on bonds, tax

11  anticipation certificates, or any other form of indebtedness

12  issued by an individual port or appropriate local government

13  having jurisdiction thereof, or collectively by interlocal

14  agreement among any of the ports, or used to purchase credit

15  support to permit such borrowings. However, such debt shall

16  not constitute a general obligation of the state. This state

17  does hereby covenant with holders of such revenue bonds or

18  other instruments of indebtedness issued hereunder that it

19  will not repeal or impair or amend this subsection in any

20  manner which will materially and adversely affect the rights

21  of holders so long as bonds authorized by this subsection are

22  outstanding. Any revenues that are not pledged to the

23  repayment of bonds as authorized by this section may be

24  utilized for purposes authorized under the Florida Seaport

25  Transportation and Economic Development Program. This revenue

26  source is in addition to any amounts provided for and

27  appropriated in accordance with s. 311.07 and subsection (3).

28  The Florida Seaport Transportation and Economic Development

29  Council shall submit to the Department of Transportation a

30  list of strategic transportation, economic development, and

31  freight mobility projects that contribute to the economic


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    CS for CS for SB 1766                          First Engrossed



 1  growth of the state and that approve distribution of funds to

 2  ports for projects that have been approved pursuant to s.

 3  311.09(5)-(9), or that have been approved for seaport

 4  intermodal access projects identified in the 5-year Florida

 5  Seaport Mission Plan as provided in s. 311.09(3) and mutually

 6  agreed upon by the FSTED Council and the Department of

 7  Transportation. The council and the Department of

 8  Transportation shall mutually agree upon the prioritization

 9  and selection of projects for funding.  The Department of

10  Transportation shall include the selected projects for funding

11  in the tentative work program developed pursuant to s.

12  339.135. All contracts for actual construction of projects

13  authorized by this subsection must include a provision

14  encouraging employment of participants in the welfare

15  transition program. The goal for employment of participants in

16  the welfare transition program is 25 percent of all new

17  employees employed specifically for the project, unless the

18  Department of Transportation and the Florida Seaport

19  Transportation and Economic Development Council demonstrate

20  that such a requirement would severely hamper the successful

21  completion of the project. In such an instance, Workforce

22  Florida, Inc., shall establish an appropriate percentage of

23  employees that must be participants in the welfare transition

24  program. The council and the Department of Transportation are

25  authorized to perform such acts as are required to facilitate

26  and implement the provisions of this subsection, including the

27  funding of approved projects by the use of other state funding

28  programs, local contributions from seaports, and the creative

29  use of federal funds. To better enable the ports to cooperate

30  to their mutual advantage, the governing body of each port may

31  exercise powers provided to municipalities or counties in s.


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    CS for CS for SB 1766                          First Engrossed



 1  163.01(7)(d) subject to the provisions of chapter 311 and

 2  special acts, if any, pertaining to a port. The use of funds

 3  provided pursuant to this subsection is limited to eligible

 4  projects listed in this subsection. The provisions of s.

 5  311.07(4) do not apply to any funds received pursuant to this

 6  subsection. The revenues available under this subsection shall

 7  not be pledged to the payment of any bonds other than the

 8  Florida Ports Financing Commission Series 1996 and Series 1999

 9  Bonds currently outstanding; provided, however, such revenues

10  may be pledged to secure payment of refunding bonds to

11  refinance the Florida Ports Financing Commission Series 1996

12  and Series 1999 Bonds. No refunding bonds secured by revenues

13  available under this subsection may be issued with a final

14  maturity later than the final maturity of the Florida Ports

15  Financing Commission Series 1996 and Series 1999 Bonds or

16  which provide for higher debt service in any year than is

17  currently payable on such bonds. Any revenue bonds or other

18  indebtedness issued after July 1, 2000, including other than

19  refunding bonds, shall be issued by the Division of Bond

20  Finance at the request of the Department of Transportation

21  pursuant to the State Bond Act.

22         (5)  Notwithstanding any other provision of law except

23  subsections (1), (2), (3), and (4), on July 1, 2006, and

24  annually thereafter, $5 million shall be deposited in the

25  State Transportation Trust Fund solely for the purposes of

26  funding the Florida Seaport Transportation and Economic

27  Development Program as provided in chapter 311 and for funding

28  seaport intermodal access projects of statewide significance

29  as provided in s. 341.053.  Such revenues shall be distributed

30  to any port listed in s. 311.09(1), to be used for funding

31  projects as follows:


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    CS for CS for SB 1766                          First Engrossed



 1         (a)  For any seaport intermodal access projects that

 2  are identified in the Tentative Work Program of the Department

 3  of Transportation for the 2006-2007 to 2010-2011 fiscal years,

 4  up to the amounts needed to offset the funding requirements of

 5  this section.

 6         (b)  For seaport intermodal access projects as

 7  described in s. 341.053(5) which are identified in the 5-year

 8  Florida Seaport Mission Plan as provided in s. 311.09(3),

 9  funding shall require at least a 25-percent match of the funds

10  received pursuant to this subsection. Matching funds shall

11  come from any port funds, federal funds, local funds, or

12  private funds.

13         (c)  For seaport projects as described in s.

14  311.07(3)(b), funds shall be provided on a 50-50 matching

15  basis.

16         (d)  For seaport intermodal access projects that

17  involve the dredging or deepening of channels, turning basins,

18  or harbors, or the construction or rehabilitation of wharves,

19  docks, or similar structures, funding shall require at least a

20  25-percent match of the funds received pursuant to this

21  subsection. Matching funds shall come from any port funds,

22  federal funds, local funds, or private funds.

23  

24  Such revenues may be assigned, pledged, or set aside as a

25  trust for the payment of principal or interest on bonds, tax

26  anticipation certificates, or any other form of indebtedness

27  issued by the Division of Bond Finance at the request of the

28  Department of Transportation pursuant to the State Bond Act.

29  However, such debt does not constitute a general obligation of

30  the state. This state covenants with holders of such revenue

31  bonds or other instruments of indebtedness issued under this


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    CS for CS for SB 1766                          First Engrossed



 1  subsection that it will not repeal or impair or amend this

 2  subsection in any manner that will materially and adversely

 3  affect the rights of holders so long as bonds authorized by

 4  this subsection are outstanding. Any revenues that are not

 5  pledged to the repayment of bonds as authorized by this

 6  subsection may be used for purposes authorized under the

 7  Florida Seaport Transportation and Economic Development

 8  Program. This revenue source is in addition to any amounts

 9  provided for and appropriated in accordance with s. 311.07 and

10  subsections (3) and (4). The Florida Seaport Transportation

11  and Economic Development Council shall submit to the

12  Department of Transportation a list of strategic

13  transportation, economic development, and freight mobility

14  projects that contribute to the economic growth of the state

15  and that have been approved pursuant to s. 311.09(5)-(9), or

16  that have been approved for seaport intermodal access projects

17  identified in the 5-year Florida Seaport Mission Plan as

18  provided in s. 311.09(3). The council and the Department of

19  Transportation shall mutually agree upon the prioritization

20  and selection of projects for funding. The Department of

21  Transportation shall include the selected projects for funding

22  in the tentative work program developed pursuant to s.

23  339.135. The council and the Department of Transportation may

24  perform such acts as are required to facilitate and implement

25  the provisions of this subsection, including the funding of

26  approved projects by the use of other state funding programs,

27  local contributions from seaports, and the creative use of

28  federal funds. To better enable the ports to cooperate to

29  their mutual advantage, the governing body of each port may

30  exercise powers provided to municipalities or counties in s.

31  163.01(7)(d), subject to the provisions of chapter 311 and


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    CS for CS for SB 1766                          First Engrossed



 1  special acts, if any, pertaining to the port. The use of funds

 2  provided under this subsection is limited to eligible projects

 3  listed in this subsection. Section 311.07(4) does not apply to

 4  any funds received pursuant to this subsection.

 5         (6)(a)(5)(a)  Except as provided in paragraph (c), the

 6  remainder of such revenues must be deposited in the State

 7  Transportation Trust Fund.

 8         (b)  The Chief Financial Officer each month shall

 9  deposit in the State Transportation Trust Fund an amount,

10  drawn from other funds in the State Treasury which are not

11  immediately needed or are otherwise in excess of the amount

12  necessary to meet the requirements of the State Treasury,

13  which when added to such remaining revenues each month will

14  equal one-twelfth of the amount of the anticipated annual

15  revenues to be deposited in the State Transportation Trust

16  Fund under paragraph (a) as determined by the Chief Financial

17  Officer after consultation with the revenue estimating

18  conference held pursuant to s. 216.136(3). The transfers

19  required hereunder may be suspended by action of the

20  Legislative Budget Commission in the event of a significant

21  shortfall of state revenues.

22         (c)  In any month in which the remaining revenues

23  derived from the registration of motor vehicles exceed

24  one-twelfth of those anticipated annual remaining revenues as

25  determined by the Chief Financial Officer after consultation

26  with the revenue estimating conference, the excess shall be

27  credited to those state funds in the State Treasury from which

28  the amount was originally drawn, up to the amount which was

29  deposited in the State Transportation Trust Fund under

30  paragraph (b). A final adjustment must be made in the last

31  months of a fiscal year so that the total revenue deposited in


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    CS for CS for SB 1766                          First Engrossed



 1  the State Transportation Trust Fund each year equals the

 2  amount derived from the registration of motor vehicles, less

 3  the amount distributed under subsection (1). For the purposes

 4  of this paragraph and paragraph (b), the term "remaining

 5  revenues" means all revenues deposited into the State

 6  Transportation Trust Fund under paragraph (a) and subsections

 7  (2) and (3). In order that interest earnings continue to

 8  accrue to the General Revenue Fund, the Department of

 9  Transportation may not invest an amount equal to the

10  cumulative amount of funds deposited in the State

11  Transportation Trust Fund under paragraph (b) less funds

12  credited under this paragraph as computed on a monthly basis.

13  The amounts to be credited under this and the preceding

14  paragraph must be calculated and certified to the Chief

15  Financial Officer by the Executive Office of the Governor.

16         Section 9.  Section 336.68, Florida Statutes, is

17  created to read:

18         336.68  Special road and bridge district boundaries;

19  property owner's rights and options.--

20         (1)  An owner of real property that is located within

21  the boundaries of a community development district created

22  under chapter 190 and a special road and bridge district

23  created under former ss. 336.61-336.67 may select the

24  community development district to be the provider of the road

25  and drainage improvements to the property of the owner. After

26  making this selection, the property owner may withdraw the

27  property from the special road and bridge district using the

28  procedures set forth in this section.

29         (2)  In order to be eligible to withdraw the property

30  from the special road and bridge district, the subject

31  property may not have received improvements or benefits from


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    CS for CS for SB 1766                          First Engrossed



 1  the special road and bridge district, there must be no

 2  outstanding bonded indebtedness of the special road and bridge

 3  district for which the property is subject to ad valorem tax

 4  levies, and the withdrawal of the property may not create an

 5  enclave bounded on all sides by other property within the

 6  boundaries of the special road and bridge district after the

 7  property owner withdraws the property from the special road

 8  and bridge district.

 9         (3)  If the property owner chooses to withdraw the

10  property from the special road and bridge district, the

11  property owner must file a certificate of withdrawal in the

12  official records of each county in which the property is

13  located. The certificate must identify the name and mailing

14  address of the owner, the legal description of the property,

15  the name of the district from which the property is being

16  withdrawn, and the general location of the property within the

17  district. The certificate must further state that the property

18  has not received benefits from the district from which the

19  property is to be withdrawn, that there is no bonded

20  indebtedness owed by the district, and that the property being

21  withdrawn will not become an enclave within the boundary of

22  the special road and bridge district.

23         (4)  The property owner must provide a copy of the

24  recorded certificate to the governing body of the special road

25  and bridge district from which the property is being withdrawn

26  no later than 10 days after the certificate is filed with the

27  county. If the district objects to the withdrawal of the

28  property from the district, it must file a written objection

29  in each county where the property is located identifying the

30  withdrawal criteria that has not been satisfied. The objection

31  must be filed within 30 days after the certificate is


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    CS for CS for SB 1766                          First Engrossed



 1  recorded. If an objection is not filed within the 30-day

 2  period, the withdrawal of the property is deemed to be final,

 3  and the property is permanently withdrawn from the boundary of

 4  the special road and bridge district.

 5         Section 10.  Paragraph (c) of subsection (5) of section

 6  339.155, Florida Statutes, is amended to read:

 7         339.155  Transportation planning.--

 8         (5)  ADDITIONAL TRANSPORTATION PLANS.--

 9         (c)  Regional transportation plans may be developed in

10  regional transportation areas in accordance with an interlocal

11  agreement entered into pursuant to s. 163.01 by:

12         1.  Two or more contiguous metropolitan planning

13  organizations; one or more metropolitan planning organizations

14  and one or more contiguous counties, none of which is a member

15  of a metropolitan planning organization; a multicounty

16  regional transportation authority created by or pursuant to

17  law; two or more contiguous counties that are not members of a

18  metropolitan planning organization; or metropolitan planning

19  organizations comprised of three or more counties; and.

20         2.  A regional transportation planning organization,

21  referred to as a RTPO. A RTPO may be formed in any

22  census-designated urbanized area of 1 million or more persons

23  to develop a regional transportation plan and to advise the

24  department regarding the programming of regional

25  transportation projects within the area.

26         a.  Voting membership of the RTPO must include, but is

27  not limited to:

28         (I)  A representative of the metropolitan planning

29  organizations serving the urbanized area. The member must be

30  an elected official and a member of a metropolitan planning

31  


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    CS for CS for SB 1766                          First Engrossed



 1  organization when elected and for the full extent of his or

 2  her term on the board.

 3         (II)  A representative of the public economic

 4  development agencies in the region who is not an elected

 5  official but who is a resident and a qualified elector in the

 6  region served by the RTPO.

 7         (III)  A representative of any private economic

 8  development agencies in the region who is not an elected

 9  official but who is a resident and a qualified elector in the

10  region served by the RTPO.

11         (IV)  A non-voting representative appointed by the

12  Secretary of Transportation, who shall be the district

13  secretary, or his or her designee, for each district, or part

14  of a district, within the region served by the RTPO.

15         (V)  The executive director of the Turnpike Enterprise

16  or his or her designee as a non-voting representative.

17         (VI)  A representative of the public transit providers,

18  as defined in chapter 341, operating within the region served

19  by the RTPO.

20         (VII)  A representative of the airports designated as

21  strategic intermodal system facilities located within the

22  region served by the RTPO.

23         (VIII)  A representative of the affected seaports

24  designated as strategic intermodal system facilities, located

25  in the region served by the RTPO.

26         (IX)  A representative of the rail lines, designated as

27  strategic intermodal system facilities, operating in the

28  region served by the RTPO.

29         (X)  A representative of the expressway or bridge

30  authority, created under chapter 348, operating in the region

31  served by the RTPO.


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    CS for CS for SB 1766                          First Engrossed



 1         (XI)  A member of the Florida Senate or House of

 2  Representatives in his or her capacity as the chair of the

 3  local legislative delegation.

 4         b.  The geographic area of the RTPO may be expanded by

 5  agreement of the voting membership of the organization and the

 6  metropolitan planning organization serving the area to be

 7  included, or board of county commissioners if no metropolitan

 8  planning organization exists. Representatives of additional

 9  transportation-related activities may be included by agreement

10  of the voting membership of the RTPO.

11         c.  The RTPO shall develop by-laws that provide for the

12  election of a chair and terms of members. However, for the

13  members representing the collective bodies listed in

14  sub-sub-subparagraphs a.(I), (II), (III), (VI), (VII), (VIII),

15  (IX), and (X), the initial terms must be 2 years.

16         d.  The voting members of the RTPO are not entitled to

17  compensation, but shall be reimbursed for travel expenses

18  actually incurred in their duties as provided by law.

19         3.  A regional transportation planning organization is

20  created to be known as the Bay Area Regional Transportation

21  Planning Organization. The purpose of the organization is to

22  develop a regional transportation plan and to advise the

23  department regarding the programming of regional

24  transportation projects within Citrus, Hernando, Hillsborough,

25  Manatee, Pasco, Pinellas, and Sarasota Counties.

26         a.  The voting membership of the organization consists

27  of the following members:

28         (I)  A representative of the chair's coordinating

29  committee created under s. 339.175(5). The member must be an

30  elected official and a member of a metropolitan planning

31  


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    CS for CS for SB 1766                          First Engrossed



 1  organization when elected and for the full extent of his or

 2  her term on the board.

 3         (II)  A representative of the Tampa Bay Partnership who

 4  is not an elected official but who is a resident and a

 5  qualified elector in the region served by the organization.

 6         (III)  A non-voting representative appointed by the

 7  Secretary of Transportation, who shall be the district

 8  secretary, or his or her designee, for each district or part

 9  of a district in the counties served by the organization.

10         (IV)  The executive director of the Turnpike Enterprise

11  or his or her designee as a non-voting representative.

12         (V)  A representative of the Tampa Bay Commuter Transit

13  Authority.

14         (VI)  A representative of the Tampa-Hillsborough County

15  Expressway Authority.

16         (VII)  A representative of the Tampa Bay Regional

17  Planning Council.

18         (VIII)  A representative of the airports, collectively

19  representing the interests of Tampa International Airport, St.

20  Petersburg/Clearwater International Airport, and

21  Sarasota/Bradenton International Airport.

22         (IX)  A representative collectively representing the

23  rail interests in the region.

24         (X)  A representative collectively representing the

25  governing boards of the Port of Tampa, Port Manatee, and the

26  Port of St. Petersburg.

27         (XI)  A representative collectively representing the

28  public economic development agencies representing Citrus,

29  Hernando, Hillsborough, Manatee, Pasco, Pinellas, and Sarasota

30  Counties.

31  


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    CS for CS for SB 1766                          First Engrossed



 1         (XII)  A member of the Florida Senate or House of

 2  Representatives in his or her capacity as the chair of the Bay

 3  Area legislative delegation.

 4         b.  The geographic area may be expanded by agreement of

 5  the voting membership of the organization and the metropolitan

 6  planning organization serving the area to be included, or the

 7  board of county commissioners if no metropolitan planning

 8  organization exists. Representatives of additional

 9  transportation-related activities may be included by agreement

10  of the voting membership of the organization.

11         c.  The organization shall develop by-laws that provide

12  for the election of a chair and terms of members. However, for

13  the members representing the collective bodies listed in

14  sub-sub-subparagraphs a.(I), (V), (VIII), (IX), and (XI), the

15  initial terms must be 2 years.

16         d.  The voting members of the organization are not

17  entitled to compensation, but shall be reimbursed for travel

18  expenses actually incurred in their duties as provided by law.

19         Section 11.  The sum of $100,000 is appropriated from

20  the State Transportation Trust Fund to the Department of

21  Transportation for the purpose of funding the Bay Area

22  Regional Transportation Planning Organization for the purpose

23  of transportation planning for the 2006-2007 fiscal year.

24         Section 12.  Subsection (2) of section 339.2819,

25  Florida Statutes, is amended to read:

26         339.2819  Transportation Regional Incentive Program.--

27         (2)(a)  For improvements to regionally significant

28  facilities identified in a regional transportation plan

29  developed under s. 339.155(5)(c)1., the percentage of matching

30  funds provided from the Transportation Regional Incentive

31  Program shall be 50 percent of project costs, or up to 75


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 1  percent of the nonfederal share of the eligible project cost

 2  for the public transportation facility project.

 3         (b)  For improvements to regionally significant

 4  facilities identified in a regional transportation plan

 5  developed under s. 339.155(5)(c)2. or 3., by a regional

 6  transportation planning organization, the percentage of

 7  matching funds provided from the transportation regional

 8  incentive program shall be up to 75 percent of project costs.

 9         Section 13.  Subsection (1), paragraphs (a) and (b) of

10  subsection (2), paragraphs (a) and (b) of subsection (3), and

11  subsections (5) and (12) of section 339.175, Florida Statutes,

12  are amended, to read:

13         339.175  Metropolitan planning organization.--It is the

14  intent of the Legislature to encourage and promote the safe

15  and efficient management, operation, and development of

16  surface transportation systems that will serve the mobility

17  needs of people and freight within and through urbanized areas

18  of this state while minimizing transportation-related fuel

19  consumption and air pollution. To accomplish these objectives,

20  metropolitan planning organizations, referred to in this

21  section as M.P.O.'s, shall develop, in cooperation with the

22  state and public transit operators, transportation plans and

23  programs for metropolitan areas. The plans and programs for

24  each metropolitan area must provide for the development and

25  integrated management and operation of transportation systems

26  and facilities, including pedestrian walkways and bicycle

27  transportation facilities that will function as an intermodal

28  transportation system for the metropolitan area, based upon

29  the prevailing principles provided in s. 334.046(1). The

30  process for developing such plans and programs shall provide

31  for consideration of all modes of transportation and shall be


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 1  continuing, cooperative, and comprehensive, to the degree

 2  appropriate, based on the complexity of the transportation

 3  problems to be addressed. To ensure that the process is

 4  integrated with the statewide planning process, M.P.O.'s shall

 5  develop plans and programs that identify transportation

 6  facilities that should function as an integrated metropolitan

 7  transportation system, giving emphasis to facilities that

 8  serve important national, state, and regional transportation

 9  functions. For the purposes of this section, those facilities

10  include the facilities on the Strategic Intermodal System

11  designated under s. 339.63 and facilities for which projects

12  have been identified pursuant to s. 339.2819(4).

13         (1)  DESIGNATION.--

14         (a)1.  An M.P.O. shall be designated for each urbanized

15  area of the state; however, this does not require that an

16  individual M.P.O. be designated for each such area. The Such

17  designation shall be accomplished by agreement between the

18  Governor and units of general-purpose local government

19  representing at least 75 percent of the population of the

20  urbanized area; however, the unit of general-purpose local

21  government that represents the central city or cities within

22  the M.P.O. jurisdiction, as defined by the United States

23  Bureau of the Census, must be a party to the such agreement.

24         2.  More than one M.P.O. may be designated within an

25  existing metropolitan planning area only if the Governor and

26  the existing M.P.O. determine that the size and complexity of

27  the existing metropolitan planning area makes the designation

28  of more than one M.P.O. for the area appropriate.

29         (b)  Each M.P.O. required to be designated by Title 23

30  of the United States Code shall be created and operated under

31  the provisions of this section pursuant to an interlocal


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 1  agreement entered into pursuant to s. 163.01. The signatories

 2  to the interlocal agreement shall be the department and the

 3  governmental entities designated by the Governor for

 4  membership on the M.P.O. Each M.P.O. is separate from the

 5  state and the governing body of a local government which is

 6  represented on the governing board of the M.P.O. or which is a

 7  signatory to the interlocal agreement creating the M.P.O. The

 8  M.P.O. has the powers and privileges that are provided to it

 9  under s. 163.01. If there is a conflict between this section

10  and s. 163.01, this section prevails.

11         (c)  The jurisdictional boundaries of an M.P.O. shall

12  be determined by agreement between the Governor and the

13  applicable M.P.O.  The boundaries must include at least the

14  metropolitan planning area, which is the existing urbanized

15  area and the contiguous area expected to become urbanized

16  within a 20-year forecast period, and may encompass the entire

17  metropolitan statistical area or the consolidated metropolitan

18  statistical area.

19         (d)  In the case of an urbanized area designated as a

20  nonattainment area for ozone or carbon monoxide under the

21  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

22  the metropolitan planning area in existence as of the date of

23  enactment of this paragraph shall be retained, except that the

24  boundaries may be adjusted by agreement of the Governor and

25  affected metropolitan planning organizations in the manner

26  described in this section. If more than one M.P.O. has

27  authority within a metropolitan area or an area that is

28  designated as a nonattainment area, each M.P.O. shall consult

29  with other M.P.O.'s designated for such area and with the

30  state in the coordination of plans and programs required by

31  this section.


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 1         (e)  The governing body of the M.P.O. shall designate a

 2  chair, a vice chair, and an agency clerk. The chair and vice

 3  chair must be selected from among the delegates representing

 4  the member organizations that comprise the governing board of

 5  the M.P.O. The agency clerk is responsible for preparing

 6  minutes of each meeting and maintaining the records of the

 7  M.P.O. The clerk may be a member of the M.P.O. governing

 8  board, an employee of the M.P.O., or any other natural person.

 9  

10  Each M.P.O. required under this section must be fully

11  operative no later than 6 months following its designation.

12         (2)  VOTING MEMBERSHIP.--

13         (a)  The voting membership of an M.P.O. shall consist

14  of not fewer than 5 or more than 19 apportioned members, the

15  exact number to be determined on an equitable

16  geographic-population ratio basis by the Governor, based on an

17  agreement among the affected units of general-purpose local

18  government as required by federal rules and regulations. The

19  Governor, in accordance with 23 U.S.C. s. 134, may also

20  provide for M.P.O. members who represent municipalities to

21  alternate with representatives from other municipalities

22  within the metropolitan planning area that do not have members

23  on the M.P.O. County commission members shall compose not less

24  than one-third of the M.P.O. membership, except for an M.P.O.

25  with more than 15 members located in a county with a 5-member

26  five-member county commission or an M.P.O. with 19 members

27  located in a county with no more than 6 county commissioners,

28  in which case county commission members may compose less than

29  one-third percent of the M.P.O. membership, but all county

30  commissioners must be members. All voting members shall be

31  elected officials of general-purpose local governments, except


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    CS for CS for SB 1766                          First Engrossed



 1  that an M.P.O. may include, as part of its apportioned voting

 2  members, a member of a statutorily authorized planning board,

 3  an official of an agency that operates or administers a major

 4  mode of transportation, or an official of the Florida Space

 5  Authority. As used in this section, elected officials of a

 6  general-purpose local government shall exclude constitutional

 7  officers, including sheriffs, tax collectors, supervisors of

 8  elections, property appraisers, clerks of the court, and

 9  similar types of officials. County commissioners The county

10  commission shall compose not less than 20 percent of the

11  M.P.O. membership if an official of an agency that operates or

12  administers a major mode of transportation has been appointed

13  to an M.P.O.

14         (b)  In metropolitan areas in which authorities or

15  other agencies have been or may be created by law to perform

16  transportation functions and are performing transportation

17  functions that are not under the jurisdiction of a

18  general-purpose general purpose local government represented

19  on the M.P.O., they shall be provided voting membership on the

20  M.P.O. In all other M.P.O.'s where transportation authorities

21  or agencies are to be represented by elected officials from

22  general-purpose general purpose local governments, the M.P.O.

23  shall establish a process by which the collective interests of

24  such authorities or other agencies are expressed and conveyed.

25         (3)  APPORTIONMENT.--

26         (a)  The Governor shall, with the agreement of the

27  affected units of general-purpose local government as required

28  by federal rules and regulations, apportion the membership on

29  the applicable M.P.O. among the various governmental entities

30  within the area. At the request of a majority of the affected

31  units of general-purpose local government comprising an


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    CS for CS for SB 1766                          First Engrossed



 1  M.P.O., the Governor and a majority of units of

 2  general-purpose local governments serving on an M.P.O. and

 3  shall cooperatively agree upon and prescribe who may serve as

 4  an alternate member and a method for appointing alternate

 5  members who may vote at any M.P.O. meeting that an alternate

 6  member attends in place of a regular member. The methodology

 7  shall be set forth as a part of the interlocal agreement

 8  describing the M.P.O.'s membership or in the M.P.O.'s

 9  operating procedures and bylaws. An appointed alternate member

10  must be an elected official serving the same governmental

11  entity or a general-purpose local government with jurisdiction

12  within all or part of the area that the regular member serves.

13  The governmental entity so designated shall appoint the

14  appropriate number of members to the M.P.O. from eligible

15  officials. Representatives of the department shall serve as

16  nonvoting members of the M.P.O. governing board. Nonvoting

17  advisers may be appointed by the M.P.O. as deemed necessary;

18  however, to the maximum extent feasible, each M.P.O. shall

19  seek to appoint nonvoting representatives of various

20  multimodal forms of transportation not otherwise represented

21  by voting members of the M.P.O. An M.P.O. shall appoint

22  nonvoting advisers representing major military installations

23  upon the request of the major military installations and

24  subject to the agreement of the M.P.O. All nonvoting advisers

25  may attend and participate fully in governing board meetings

26  but shall not vote and shall not be members of the governing

27  board. The Governor shall review the composition of the M.P.O.

28  membership in conjunction with the decennial census as

29  prepared by the United States Department of Commerce, Bureau

30  of the Census, and reapportion it as necessary to comply with

31  subsection (2).


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 1         (b)  Except for members who represent municipalities on

 2  the basis of alternating with representatives from other

 3  municipalities that do not have members on the M.P.O. as

 4  provided in paragraph (2)(a), the members of an M.P.O. shall

 5  serve 4-year terms. Members who represent municipalities on

 6  the basis of alternating with representatives from other

 7  municipalities that do not have members on the M.P.O. as

 8  provided in paragraph (2)(a) may serve terms of up to 4 years

 9  as further provided in the interlocal agreement described in

10  paragraph (1)(b). The membership of a member who is a public

11  official automatically terminates upon the member's leaving

12  his or her elective or appointive office for any reason, or

13  may be terminated by a majority vote of the total membership

14  of the entity's governing board a county or city governing

15  entity represented by the member. A vacancy shall be filled by

16  the original appointing entity. A member may be reappointed

17  for one or more additional 4-year terms.

18         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

19  privileges, and authority of an M.P.O. are those specified in

20  this section or incorporated in an interlocal agreement

21  authorized under s. 163.01. Each M.P.O. shall perform all acts

22  required by federal or state laws or rules, now and

23  subsequently applicable, which are necessary to qualify for

24  federal aid. It is the intent of this section that each M.P.O.

25  shall be involved in the planning and programming of

26  transportation facilities, including, but not limited to,

27  airports, intercity and high-speed rail lines, seaports, and

28  intermodal facilities, to the extent permitted by state or

29  federal law.

30         (a)  Each M.P.O. shall, in cooperation with the

31  department, develop:


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    CS for CS for SB 1766                          First Engrossed



 1         1.  A long-range transportation plan pursuant to the

 2  requirements of subsection (6);

 3         2.  An annually updated transportation improvement

 4  program pursuant to the requirements of subsection (7); and

 5         3.  An annual unified planning work program pursuant to

 6  the requirements of subsection (8).

 7         (b)  In developing the long-range transportation plan

 8  and the transportation improvement program required under

 9  paragraph (a), each M.P.O. shall provide for consideration of

10  projects and strategies that will:

11         1.  Support the economic vitality of the metropolitan

12  area, especially by enabling global competitiveness,

13  productivity, and efficiency;

14         2.  Increase the safety and security of the

15  transportation system for motorized and nonmotorized users;

16         3.  Increase the accessibility and mobility options

17  available to people and for freight;

18         4.  Protect and enhance the environment, promote energy

19  conservation, and improve quality of life;

20         5.  Enhance the integration and connectivity of the

21  transportation system, across and between modes, for people

22  and freight;

23         6.  Promote efficient system management and operation;

24  and

25         7.  Emphasize the preservation of the existing

26  transportation system.

27         (c)  In order to provide recommendations to the

28  department and local governmental entities regarding

29  transportation plans and programs, each M.P.O. shall:

30         1.  Prepare a congestion management system for the

31  metropolitan area and cooperate with the department in the


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    CS for CS for SB 1766                          First Engrossed



 1  development of all other transportation management systems

 2  required by state or federal law;

 3         2.  Assist the department in mapping transportation

 4  planning boundaries required by state or federal law;

 5         3.  Assist the department in performing its duties

 6  relating to access management, functional classification of

 7  roads, and data collection;

 8         4.  Execute all agreements or certifications necessary

 9  to comply with applicable state or federal law;

10         5.  Represent all the jurisdictional areas within the

11  metropolitan area in the formulation of transportation plans

12  and programs required by this section; and

13         6.  Perform all other duties required by state or

14  federal law.

15         (d)  Each M.P.O. shall appoint a technical advisory

16  committee that includes planners; engineers; representatives

17  of local aviation authorities, port authorities, and public

18  transit authorities or representatives of aviation

19  departments, seaport departments, and public transit

20  departments of municipal or county governments, as applicable;

21  the school superintendent of each county within the

22  jurisdiction of the M.P.O. or the superintendent's designee;

23  and other appropriate representatives of affected local

24  governments. In addition to any other duties assigned to it by

25  the M.P.O. or by state or federal law, the technical advisory

26  committee is responsible for considering safe access to

27  schools in its review of transportation project priorities,

28  long-range transportation plans, and transportation

29  improvement programs, and shall advise the M.P.O. on such

30  matters. In addition, the technical advisory committee shall

31  coordinate its actions with local school boards and other


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 1  local programs and organizations within the metropolitan area

 2  which participate in school safety activities, such as locally

 3  established community traffic safety teams. Local school

 4  boards must provide the appropriate M.P.O. with information

 5  concerning future school sites and in the coordination of

 6  transportation service.

 7         (e)1.  Each M.P.O. shall appoint a citizens' advisory

 8  committee, the members of which serve at the pleasure of the

 9  M.P.O. The membership on the citizens' advisory committee must

10  reflect a broad cross section of local residents with an

11  interest in the development of an efficient, safe, and

12  cost-effective transportation system. Minorities, the elderly,

13  and the handicapped must be adequately represented.

14         2.  Notwithstanding the provisions of subparagraph 1.,

15  an M.P.O. may, with the approval of the department and the

16  applicable federal governmental agency, adopt an alternative

17  program or mechanism to ensure citizen involvement in the

18  transportation planning process.

19         (f)  The department shall allocate to each M.P.O., for

20  the purpose of accomplishing its transportation planning and

21  programming duties, an appropriate amount of federal

22  transportation planning funds.

23         (g)  Each M.P.O. shall have an executive or staff

24  director, who reports directly to the M.P.O. governing board

25  for all matters regarding the administration and operation of

26  the M.P.O., and any additional personnel as deemed necessary.

27  The executive director and any additional personnel may be

28  employed either by an M.P.O. or by another governmental

29  entity, such as a county, city, or regional planning council,

30  which has a signed staff services agreement in effect with the

31  M.P.O. In addition, an M.P.O. may employ personnel or may


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 1  enter into contracts with local or state governmental

 2  agencies, private planning or engineering firms, or other

 3  private engineering firms to accomplish its transportation

 4  planning and programming duties and administrative functions

 5  required by state or federal law.

 6         (h)  Each M.P.O. shall provide training opportunities

 7  for local elected officials and others who serve on an M.P.O.

 8  in order to enhance their knowledge, effectiveness, and

 9  participation in the urbanized area transportation planning

10  process. The training opportunities may be conducted by an

11  individual M.P.O. or through statewide and federal training

12  programs and initiatives that are specifically designed to

13  meet the needs of M.P.O. board members.

14         (i)(h)  A chair's coordinating committee is created,

15  composed of the M.P.O.'s serving Hernando, Hillsborough,

16  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The

17  committee must, at a minimum:

18         1.  Coordinate transportation projects deemed to be

19  regionally significant by the committee.

20         2.  Review the impact of regionally significant land

21  use decisions on the region.

22         3.  Review all proposed regionally significant

23  transportation projects in the respective transportation

24  improvement programs which affect more than one of the

25  M.P.O.'s represented on the committee.

26         4.  Institute a conflict resolution process to address

27  any conflict that may arise in the planning and programming of

28  such regionally significant projects.

29         (j)(i)1.  The Legislature finds that the state's rapid

30  growth in recent decades has caused many urbanized areas

31  subject to M.P.O. jurisdiction to become contiguous to each


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 1  other. As a result, various transportation projects may cross

 2  from the jurisdiction of one M.P.O. into the jurisdiction of

 3  another M.P.O. To more fully accomplish the purposes for which

 4  M.P.O.'s have been mandated, M.P.O.'s shall develop

 5  coordination mechanisms with one another to expand and improve

 6  transportation within the state. The appropriate method of

 7  coordination between M.P.O.'s shall vary depending upon the

 8  project involved and given local and regional needs.

 9  Consequently, it is appropriate to set forth a flexible

10  methodology that can be used by M.P.O.'s to coordinate with

11  other M.P.O.'s and appropriate political subdivisions as

12  circumstances demand.

13         2.  Any M.P.O. may join with any other M.P.O. or any

14  individual political subdivision to coordinate activities or

15  to achieve any federal or state transportation planning or

16  development goals or purposes consistent with federal or state

17  law. When an M.P.O. determines that it is appropriate to join

18  with another M.P.O. or any political subdivision to coordinate

19  activities, the M.P.O. or political subdivision shall enter

20  into an interlocal agreement pursuant to s. 163.01, which, at

21  a minimum, creates a separate legal or administrative entity

22  to coordinate the transportation planning or development

23  activities required to achieve the goal or purpose; provides

24  provide the purpose for which the entity is created; provides

25  provide the duration of the agreement and the entity, and

26  specifies specify how the agreement may be terminated,

27  modified, or rescinded; describes describe the precise

28  organization of the entity, including who has voting rights on

29  the governing board, whether alternative voting members are

30  provided for, how voting members are appointed, and what the

31  relative voting strength is for each constituent M.P.O. or


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 1  political subdivision; provides provide the manner in which

 2  the parties to the agreement will provide for the financial

 3  support of the entity and payment of costs and expenses of the

 4  entity; provides provide the manner in which funds may be paid

 5  to and disbursed from the entity; and provides provide how

 6  members of the entity will resolve disagreements regarding

 7  interpretation of the interlocal agreement or disputes

 8  relating to the operation of the entity. Such interlocal

 9  agreement shall become effective upon its recordation in the

10  official public records of each county in which a member of

11  the entity created by the interlocal agreement has a voting

12  member. This paragraph does not require any M.P.O.'s to merge,

13  combine, or otherwise join together as a single M.P.O.

14         (12)  VOTING REQUIREMENTS.--Each long-range

15  transportation plan required pursuant to subsection (6), each

16  annually updated Transportation Improvement Program required

17  under subsection (7), and each amendment that affects projects

18  in the first 3 years of such plans and programs must be

19  approved by each M.P.O. on a supermajority recorded roll call

20  vote or hand-counted vote of a majority plus one of the

21  membership present.

22         Section 14.  The Florida Transportation Commission

23  shall conduct a study of the progress made by M.P.O.'s to

24  establish improved coordinated transportation planning

25  processes. The report must, at a minimum, address the efforts

26  and progress of each M.P.O. to include representatives of the

27  various modes of transportation into the metropolitan planning

28  process; the efforts and progress of M.P.O.'s located within

29  urbanized areas consisting of more than one M.P.O., or

30  M.P.O.'s located in urbanized areas that are contiguous to

31  M.P.O.'s serving different urbanized areas, to implement


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 1  coordinated long-range transportation plans covering the

 2  combined metropolitan planning area; the extent to which these

 3  long-range plans serve as the basis for the transportation

 4  improvement program of each M.P.O.; and an assessment of the

 5  effectiveness of processes to prioritize

 6  regionally-significant projects and implement regional public

 7  involvement activities. The report shall be submitted to the

 8  Governor, the President of the Senate, and the Speaker of the

 9  House of Representatives no later than January 15, 2007.

10         Section 15.  Paragraph (h) of subsection (2) of section

11  20.23, Florida Statutes, is amended to read:

12         20.23  Department of Transportation.--There is created

13  a Department of Transportation which shall be a decentralized

14  agency.

15         (2)

16         (h)  The commission shall appoint an executive director

17  and assistant executive director, who shall serve under the

18  direction, supervision, and control of the commission. The

19  executive director, with the consent of the commission, shall

20  employ such staff as are necessary to perform adequately the

21  functions of the commission, within budgetary limitations. All

22  employees of the commission are exempt from part II of chapter

23  110 and shall serve at the pleasure of the commission. The

24  salaries and benefits of all employees of the commission,

25  except for the executive director, shall be set in accordance

26  with the Selected Exempt Service; provided, however, that the

27  salary and benefits of the executive director shall be set in

28  accordance with the Senior Management Service. The commission

29  shall have complete authority for fixing the salary of the

30  executive director and assistant executive director.

31  


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 1         Section 16.  Paragraph (c) of subsection (6) of section

 2  332.007, Florida Statutes, is amended to read:

 3         332.007  Administration and financing of aviation and

 4  airport programs and projects; state plan.--

 5         (6)  Subject to the availability of appropriated funds,

 6  the department may participate in the capital cost of eligible

 7  public airport and aviation development projects in accordance

 8  with the following rates, unless otherwise provided in the

 9  General Appropriations Act or the substantive bill

10  implementing the General Appropriations Act:

11         (c)  When federal funds are not available, the

12  department may fund up to 80 percent of master planning and

13  eligible aviation development projects at publicly owned,

14  publicly operated airports. If federal funds are available but

15  are insufficient to meet the maximum authorized federal share,

16  the department may fund up to 80 percent of the nonfederal

17  share of such projects. Such funding is limited to airports

18  that have no scheduled commercial service.

19         Section 17.  Subsection (8) of section 332.007, Florida

20  Statutes, is amended to read:

21         332.007  Administration and financing of aviation and

22  airport programs and projects; state plan.--

23         (8)  Notwithstanding any other provision of law to the

24  contrary, the department is authorized to provide operational

25  and maintenance assistance to publicly owned public-use

26  airports. Such assistance shall be to comply with enhanced

27  federal security requirements or to address related economic

28  impacts from the events of September 11, 2001. For projects in

29  the current adopted work program, or projects added using the

30  available budget of the department, airports may request the

31  department change the project purpose in accordance with this


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    CS for CS for SB 1766                          First Engrossed



 1  provision notwithstanding the provisions of s. 339.135(7). For

 2  purposes of this subsection, the department may fund up to 100

 3  percent of eligible project costs that are not funded by the

 4  Federal Government. Prior to releasing any funds under this

 5  section, the department shall review and approve the

 6  expenditure plans submitted by the airport. The department

 7  shall inform the Legislature of any change that it approves

 8  under this subsection. This subsection shall expire on June

 9  30, 2012 2007.

10         Section 18.  Paragraph (e) of subsection (2) of section

11  212.055, Florida Statutes, is amended, and subsection (8) is

12  added to that section, to read:

13         212.055  Discretionary sales surtaxes; legislative

14  intent; authorization and use of proceeds.--It is the

15  legislative intent that any authorization for imposition of a

16  discretionary sales surtax shall be published in the Florida

17  Statutes as a subsection of this section, irrespective of the

18  duration of the levy.  Each enactment shall specify the types

19  of counties authorized to levy; the rate or rates which may be

20  imposed; the maximum length of time the surtax may be imposed,

21  if any; the procedure which must be followed to secure voter

22  approval, if required; the purpose for which the proceeds may

23  be expended; and such other requirements as the Legislature

24  may provide.  Taxable transactions and administrative

25  procedures shall be as provided in s. 212.054.

26         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

27         (e)  School districts, counties, and municipalities

28  receiving proceeds under the provisions of this subsection may

29  pledge such proceeds for the purpose of servicing new bond

30  indebtedness incurred pursuant to law. Local governments may

31  use the services of the Division of Bond Finance of the State


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    CS for CS for SB 1766                          First Engrossed



 1  Board of Administration pursuant to the State Bond Act to

 2  issue any bonds through the provisions of this subsection.  In

 3  no case may a jurisdiction issue bonds pursuant to this

 4  subsection more frequently than once per year. Counties and

 5  municipalities may join together for the issuance of bonds

 6  authorized by this subsection.

 7         (8)  COUNTY TRANSPORTATION SYSTEM SURTAX.--

 8         (a)  The governing authority of a county that is not

 9  authorized to levy a discretionary sales surtax pursuant to

10  subsection (1) may levy a discretionary sales surtax pursuant

11  to ordinance enacted by a majority of the members of the

12  county governing authority and subject to approval by a

13  majority vote of the electorate of the county.

14         (b)  The rate shall be up to 1 percent.

15         (c)  If the proposal to adopt a discretionary sales

16  surtax is to be adopted by a referendum as provided in this

17  subsection, such proposal shall be placed on the ballot in

18  accordance with law at a time to be set at the discretion of

19  the governing body of the county.

20         (d)  Proceeds from the surtax shall be distributed to

21  the county and to each municipality within the county in which

22  the surtax is collected according to:

23         1.  A separate interlocal agreement between the county

24  governing body and the governing body of any municipality

25  within the county; or

26         2.  If there is no interlocal agreement between the

27  county governing body and the governing body of any

28  municipality within the county, an apportionment factor for

29  each eligible local government as specified in this

30  subparagraph.

31  


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    CS for CS for SB 1766                          First Engrossed



 1         a.  The apportionment factor for an eligible county

 2  shall be composed of two equally weighted portions as follows:

 3         (I)  Each eligible county's population in the

 4  unincorporated areas of the county as a percentage of the

 5  total county population as determined pursuant to s. 186.901.

 6         (II)  Each eligible county's percentage of centerline

 7  miles derived from the combined total number of centerline

 8  miles owned and maintained by the county and each municipality

 9  within the county as annually reported in the City/County

10  Mileage Report promulgated by the Transportation Statistics

11  Office within the Department of Transportation.

12         b.  The apportionment factor for an eligible

13  municipality shall be composed of two equally weighted

14  portions as follows:

15         (I)  Each eligible municipality's population as a

16  percentage of the total county population as determined

17  pursuant to s. 186.901.

18         (II)  Each eligible municipality's percentage of

19  centerline miles derived from the combined total number of

20  centerline miles owned and maintained by the county  and each

21  municipality within the county as annually reported in the

22  City/County Mileage Report promulgated by the Transportation

23  Statistics Office within the Department of Transportation.

24         (e)  Proceeds from the surtax shall be applied to as

25  many or as few of the uses enumerated below in whatever

26  combination the governing body of the municipality or the

27  county considers appropriate:

28         1.  Deposited by the governing body of the municipality

29  or the county in the trust fund and used for the purposes of

30  development, construction, equipment, maintenance, operation,

31  


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    CS for CS for SB 1766                          First Engrossed



 1  supportive services, including a bus system, and related costs

 2  of a fixed guideway rapid transit system;

 3         2.  Remitted by the governing body of the municipality

 4  or the county to an expressway or transportation authority

 5  created by law to be used, at the discretion of such

 6  authority, for the development, construction, operation, or

 7  maintenance of roads, bicycle and pedestrian facilities, or

 8  bridges in the county or municipality, for the operation and

 9  maintenance of a bus system, for the payment of principal and

10  interest on existing bonds issued for the construction of such

11  roads, bicycle or pedestrian facilities, or bridges, and, upon

12  approval by the governing body of the municipality or county,

13  pledged for bonds issued to refinance existing bonds or new

14  bonds issued for the construction of such roads or bridges;

15         3.  Used by the governing body of the municipality or

16  county for the planning, development, construction, operation,

17  and maintenance of roads, bicycle and pedestrian facilities,

18  or bridges in the municipality or county; for the planning,

19  development, expansion, operation, and maintenance of bus and

20  fixed guideway systems; and for the payment of principal and

21  interest on bonds issued for the construction of fixed

22  guideway rapid transit systems, bus systems, roads, bicycle

23  and pedestrian facilities, or bridges; and, upon approval by

24  the governing body of the municipality or county, pledged by

25  the governing body of the municipality or county for bonds

26  issued to refinance existing bonds or new bonds issued for the

27  construction of such fixed guideway rapid transit systems, bus

28  systems, roads, bicycle and pedestrian facilities, or bridges;

29         4.  Used by the county or municipality to fund

30  regionally significant transportation projects that are

31  identified in a regional transportation plan developed in


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    CS for CS for SB 1766                          First Engrossed



 1  accordance with s. 339.155(5) or to provide matching funds for

 2  the Transportation Regional Incentive Program in accordance

 3  with s. 339.2819 or the New Starts Transit Program as provided

 4  in s. 341.051; and

 5         5.  Used by the county or municipality to fund projects

 6  identified in a capital improvements element of a

 7  comprehensive plan that has been determined to be in

 8  compliance with part II of chapter 163 or to implement a

 9  long-term concurrency management system adopted by a local

10  government in accordance with s. 163.3177(3) or (9).

11         Section 19.  Paragraph (c) of subsection (1) of section

12  336.025, Florida Statutes, is amended to read:

13         336.025  County transportation system; levy of local

14  option fuel tax on motor fuel and diesel fuel.--

15         (1)

16         (c)  Local governments may use the services of the

17  Division of Bond Finance of the State Board of Administration

18  pursuant to the State Bond Act to issue any bonds through the

19  provisions of this section and may pledge the revenues from

20  local option fuel taxes to secure the payment of the bonds. In

21  no case may a jurisdiction issue bonds pursuant to this

22  section more frequently than once per year.  Counties and

23  municipalities may join together for the issuance of bonds

24  issued pursuant to this section.

25         Section 20.  Paragraph (j) of subsection (1) of section

26  339.08, Florida Statutes, is amended to read:

27         339.08  Use of moneys in State Transportation Trust

28  Fund.--

29         (1)  The department shall expend moneys in the State

30  Transportation Trust Fund accruing to the department, in

31  


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    CS for CS for SB 1766                          First Engrossed



 1  accordance with its annual budget. The use of such moneys

 2  shall be restricted to the following purposes:

 3         (j)  To pay the cost of county or municipal road

 4  projects selected in accordance with the County Incentive

 5  Grant Program created in s. 339.2817, and the Small County

 6  Outreach Program created in s. 339.2818, and the Enhanced

 7  Bridge Program created in s. 339.282.

 8         Section 21.  Section 339.282, Florida Statutes, is

 9  created to read:

10         339.282  Enhanced Bridge Program for Sustainable

11  Transportation.--

12         (1)  There is created within the Department of

13  Transportation the Enhanced Bridge Program for Sustainable

14  Transportation for the purpose of providing funds to improve

15  the sufficiency rating of local bridges and to improve

16  congested roads on the State Highway System or local corridors

17  on which high-cost bridges are located in order to improve a

18  corridor or provide an alternative corridor.

19         (2)  Matching funds provided from the program may fund

20  up to 50 percent of project costs.

21         (3)  The department shall allocate a minimum of 25

22  percent of funding available for the program for local bridge

23  projects to replace, rehabilitate, paint, or install scour

24  countermeasures to highway bridges located on public roads,

25  other than those on the State Highway System. A project to be

26  funded must, at a minimum:

27         (a)  Be classified as a structurally deficient bridge

28  having a poor condition rating for the deck, superstructure,

29  substructure component, or culvert;

30         (b)  Have a sufficiency rating of 35 or below; and

31  


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    CS for CS for SB 1766                          First Engrossed



 1         (c)  Have average daily traffic of at least 500

 2  vehicles.

 3         (4)  Special consideration shall be given to bridges

 4  that are closed to all traffic or that have a load restriction

 5  of less than 10 tons.

 6         (5)  The department shall allocate remaining funding

 7  available for the program to improve highly congested roads on

 8  the State Highway System or local corridors on which high-cost

 9  bridges are located in order to improve the corridor or

10  provide an alternative corridor. A project to be funded must,

11  at a minimum:

12         (a)  Be on or provide direct relief to an existing

13  corridor that is backlogged or constrained; and

14         (b)  Be a major bridge having an estimated cost greater

15  than $25 million.

16         (6)  Preference shall be given to bridge projects

17  located on corridors that connect to the Strategic Intermodal

18  System, created under s. 339.64, and that have been identified

19  as regionally significant in accordance with s.

20  339.155(5)(c),(d), and (e).

21         Section 22.  Section 339.284, Florida Statutes, is

22  created to read:

23         339.284  Transportation concurrency incentives.--The

24  Legislature finds that allowing private-sector entities to

25  finance, construct, and improve public transportation

26  facilities can provide significant benefits to the citizens of

27  this state by facilitating transportation of the general

28  public without the need for additional public tax revenues. In

29  order to encourage the more efficient and proactive provision

30  of transportation improvements by the private sector, if a

31  developer or property owner voluntarily contributes


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    CS for CS for SB 1766                          First Engrossed



 1  right-of-way and physically constructs or expands a state

 2  transportation facility or segment and such construction or

 3  expansion improves traffic flow, capacity, or safety, the

 4  voluntary contribution may be applied as a credit for that

 5  property owner or developer against any future transportation

 6  concurrency requirements pursuant to chapter 163, provided

 7  such contributions and credits are set forth in a legally

 8  binding agreement executed by the property owner or developer,

 9  the local government within whose jurisdiction the facility is

10  located, and the department. If the developer or property

11  owner voluntarily contributes right-of-way and physically

12  constructs or expands a local government transportation

13  facility or segment and such construction or expansion meets

14  the requirements in this section and in a legally binding

15  agreement between the property owner or developer and the

16  applicable local government, the contribution to the local

17  government collector and arterial system may be applied as a

18  credit against any future transportation concurrency

19  requirements pursuant to chapter 163.

20         Section 23.  Paragraph (b) of subsection (3) of section

21  316.650, Florida Statutes, is amended to read:

22         316.650  Traffic citations.--

23         (3)

24         (b)  If a traffic citation is issued pursuant to s.

25  316.1001, a traffic enforcement officer may deposit the

26  original and one copy of such traffic citation or, in the case

27  of a traffic enforcement agency that has an automated citation

28  system, may provide an electronic facsimile with a court

29  having jurisdiction over the alleged offense or with its

30  traffic violations bureau within 45 days after the date of

31  issuance of the citation to the violator. If the person cited


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    CS for CS for SB 1766                          First Engrossed



 1  for the violation of s. 316.1001 makes the election provided

 2  by s. 318.14(12) and pays the fine imposed by the toll

 3  authority plus the amount of the unpaid toll which is shown on

 4  the traffic citation directly to the governmental entity that

 5  issued the citation in accordance with s. 318.14(12), the

 6  traffic citation will not be submitted to the court, the

 7  disposition will be reported to the department by the

 8  governmental entity that issued the citation, and no points

 9  will be assessed against the person's driver's license.

10         Section 24.  Subsection (12) of section 318.14, Florida

11  Statutes, is amended to read:

12         318.14  Noncriminal traffic infractions; exception;

13  procedures.--

14         (12)  Any person cited for a violation of s. 316.1001

15  may, in lieu of making an election as set forth in subsection

16  (4) or s. 318.18(7), elect to pay a his or her fine of $25 or,

17  such other amount as imposed by the toll authority, plus the

18  amount of the unpaid toll which is shown on the traffic

19  citation directly to the governmental entity that issued the

20  citation, within 30 days after the date of issuance of the

21  citation. Any person cited for a violation of s. 316.1001 who

22  does not elect to pay the fine imposed by the toll authority

23  plus the amount of the unpaid toll which is shown on the

24  traffic citation directly to the governmental entity that

25  issued the citation as described in this subsection section

26  shall have an additional 45 days after the date of the

27  issuance of the citation in which to request a court hearing

28  or to pay the civil penalty and delinquent fee, if applicable,

29  as provided in s. 318.18(7), either by mail or in person, in

30  accordance with subsection (4).

31  


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    CS for CS for SB 1766                          First Engrossed



 1         Section 25.  Subsection (7) of section 318.18, Florida

 2  Statutes, is amended to read:

 3         318.18  Amount of civil penalties.--The penalties

 4  required for a noncriminal disposition pursuant to s. 318.14

 5  are as follows:

 6         (7)  A mandatory fine of $100 One hundred dollars for

 7  each a violation of s. 316.1001 plus the amount of the unpaid

 8  toll shown on the traffic citation for each citation issued.

 9  The clerk of the court shall forward $25 of the $100 fine

10  received plus the amount of the unpaid toll which is shown on

11  the citation to the governmental entity that issued the

12  citation. If adjudication is withheld or there is a plea

13  arrangement prior to a hearing, there shall be a minimum

14  mandatory fine assessed per citation of $100 plus the amount

15  of the unpaid toll for each citation issued. The clerk of the

16  court shall forward $25 of the $100 plus the amount of the

17  unpaid toll as shown on the citation to the governmental

18  entity that issued the citation. The court shall have specific

19  authority to consolidate issued citations for the same

20  defendant for the purpose of sentencing and aggregate

21  jurisdiction. In addition, the department shall suspend for 60

22  days the driver's license of a person who is convicted of 10

23  violations of s. 316.1001 within a 36-month period. However, a

24  person may elect to pay $30 to the clerk of the court, in

25  which case adjudication is withheld, and no points are

26  assessed under s. 322.27. Upon receipt of the fine, the clerk

27  of the court must retain $5 for administrative purposes and

28  must forward the $25 to the governmental entity that issued

29  the citation. Any funds received by a governmental entity for

30  this violation may be used for any lawful purpose related to

31  the operation or maintenance of a toll facility.


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    CS for CS for SB 1766                          First Engrossed



 1         Section 26.  Subsection (6) is added to section

 2  348.754, Florida Statutes, to read:

 3         348.754  Purposes and powers.--

 4         (6)(a)  Notwithstanding s. 255.05, the Orlando-Orange

 5  County Expressway Authority may waive payment and performance

 6  bonds on construction contracts for the construction of a

 7  public building, for the prosecution and completion of a

 8  public work, or for repairs on a public building or public

 9  work that has a cost of $500,000 or less and when the project

10  is awarded pursuant to an economic development program for the

11  encouragement of local small businesses which has been adopted

12  by the governing body of the Orlando-Orange County Expressway

13  Authority pursuant to a resolution or policy.

14         (b)  The authority's adopted criteria for participation

15  in the economic development program for local small businesses

16  requires that a participant:

17         1.  Be an independent business.

18         2.  Be principally domiciled in the Orange County

19  Standard Metropolitan Statistical Area.

20         3.  Employ 25 or fewer full-time employees.

21         4.  Have gross annual sales averaging $3 million or

22  less over the immediately preceding 3 calendar years with

23  regard to any construction element of the program.

24         5.  Be accepted as a participant in the Orlando-Orange

25  County Expressway Authority's microcontracts program or such

26  other small business program as may be hereinafter enacted by

27  the Orlando-Orange County Expressway Authority.

28         6.  Participate in an educational curriculum or

29  technical assistance program for business development which

30  will assist the small business in becoming eligible for

31  bonding.


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    CS for CS for SB 1766                          First Engrossed



 1         (c)  The authority's adopted procedures for waiving

 2  payment and performance bonds on projects having values not

 3  less than $200,000 and not exceeding $500,000 shall provide

 4  that payment and performance bonds may be waived only on

 5  projects that have been set aside to be competitively bid on

 6  by participants in an economic development program for local

 7  small businesses. The authority's executive director or his or

 8  her designee shall determine whether specific construction

 9  projects are suitable for:

10         1.  Bidding under the authority's microcontracts

11  program by registered local small businesses; and

12         2.  Waiver of the payment and performance bond.

13  

14  The decision of the authority's executive director or deputy

15  executive director to waive the payment and performance bond

16  shall be based upon his or her investigation and conclusion

17  that there exists sufficient competition so that the authority

18  receives a fair price and does not undertake any unusual risk

19  with respect to such project.

20         (d)  For any contract for which a payment and

21  performance bond has been waived pursuant to the authority set

22  forth in this section, the Orlando-Orange County Expressway

23  Authority shall pay all persons defined in s. 713.01 who

24  furnish labor, services, or materials for the prosecution of

25  the work provided for in the contract to the same extent and

26  upon the same conditions that a surety on the payment bond

27  under s. 255.05 would have been obligated to pay such persons

28  if the payment and performance bond had not been waived. The

29  authority shall record notice of this obligation in the manner

30  in which and at the location where surety bonds are recorded.

31  The notice must include the information describing the


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    CS for CS for SB 1766                          First Engrossed



 1  contract that s. 255.05(1) requires be stated on the front

 2  page of the bond. Notwithstanding that s. 255.05(9) generally

 3  applies when a performance and payment bond is required, s.

 4  255.05(9) shall apply under this subsection to any contract

 5  for which performance or payment bonds are waived, and any

 6  claim to payment under this subsection shall be treated as a

 7  contract claim pursuant to s. 255.05(9).

 8         (e)  A small business that has been the successful

 9  bidder on six projects for which the payment and performance

10  bond was waived by the authority pursuant to paragraph (a)

11  shall be ineligible to bid on additional projects for which

12  the payment and performance bond is to be waived. The local

13  small business may continue to participate in other elements

14  of the economic development program for local small businesses

15  as long as it is eligible to do so.

16         (f)  The authority shall conduct bond-eligibility

17  training for businesses qualifying for bond waiver under this

18  subsection to encourage and promote bond eligibility for such

19  businesses.

20         (g)  The authority shall prepare a biennial report on

21  the activities undertaken pursuant to this subsection to be

22  submitted to the Orange County legislative delegation. The

23  initial report shall be due December 31, 2008.

24         Section 27.  Subsection (9) of section 348.0004,

25  Florida Statutes, is amended to read:

26         348.0004  Purposes and powers.--

27         (9)  The Legislature declares that there is a public

28  need for rapid construction of safe and efficient

29  transportation facilities for travel within the state and that

30  it is in the public's interest to provide for public-private

31  partnership agreements to effectuate the construction of


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    CS for CS for SB 1766                          First Engrossed



 1  additional safe, convenient, and economical transportation

 2  facilities.

 3         (a)  Notwithstanding any other provision of the Florida

 4  Expressway Authority Act, any expressway authority,

 5  transportation authority, bridge authority, or toll authority

 6  established under this part or any other statute may receive

 7  or solicit proposals and enter into agreements with private

 8  entities, or consortia thereof, for the building, operation,

 9  ownership, or financing of expressway authority transportation

10  facilities or new transportation facilities within the

11  jurisdiction of the expressway authority. An expressway

12  authority is authorized to adopt rules to implement this

13  subsection and shall, by rule, establish an application fee

14  for the submission of unsolicited proposals under this

15  subsection. The fee must be sufficient to pay the costs of

16  evaluating the proposals. An expressway authority may engage

17  private consultants to assist in the evaluation. Before

18  approval, an expressway authority must determine that a

19  proposed project:

20         1.  Is in the public's best interest.

21         2.  Would not require state funds to be used unless the

22  project is on or provides increased mobility on the State

23  Highway System.

24         3.  Would have adequate safeguards to ensure that no

25  additional costs or service disruptions would be realized by

26  the traveling public and residents citizens of the state in

27  the event of default or the cancellation of the agreement by

28  the expressway authority.

29         (b)  An expressway authority shall ensure that all

30  reasonable costs to the state which are, related to

31  transportation facilities that are not part of the State


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    CS for CS for SB 1766                          First Engrossed



 1  Highway System, are borne by the private entity. An expressway

 2  authority shall also ensure that all reasonable costs to the

 3  state and substantially affected local governments and

 4  utilities related to the private transportation facility are

 5  borne by the private entity for transportation facilities that

 6  are owned by private entities.  For projects on the State

 7  Highway System, the department may use state resources to

 8  participate in funding and financing the project as provided

 9  for under the department's enabling legislation.

10         (c)  The expressway authority may request proposals for

11  public-private transportation projects or, if it receives an

12  unsolicited proposal, it must publish a notice in the Florida

13  Administrative Weekly and a newspaper of general circulation

14  in the county in which it is located at least once a week for

15  2 weeks, stating that it has received the proposal and will

16  accept, for 60 days after the initial date of publication,

17  other proposals for the same project purpose. A copy of the

18  notice must be mailed to each local government in the affected

19  areas. After the public notification period has expired, the

20  expressway authority shall rank the proposals in order of

21  preference. In ranking the proposals, the expressway authority

22  shall consider professional qualifications, general business

23  terms, innovative engineering or cost-reduction terms, finance

24  plans, and the need for state funds to deliver the proposal.

25  If the expressway authority is not satisfied with the results

26  of the negotiations, it may, at its sole discretion, terminate

27  negotiations with the proposer. If these negotiations are

28  unsuccessful, the expressway authority may go to the second

29  and lower-ranked firms, in order, using the same procedure. If

30  only one proposal is received, the expressway authority may

31  negotiate in good faith, and if it is not satisfied with the


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    CS for CS for SB 1766                          First Engrossed



 1  results, it may, at its sole discretion, terminate

 2  negotiations with the proposer. Notwithstanding this

 3  paragraph, the expressway authority may, at its discretion,

 4  reject all proposals at any point in the process up to

 5  completion of a contract with the proposer.

 6         (d)  The department may lend funds from the Toll

 7  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

 8  public-private partnerships. To be eligible a private entity

 9  must comply with s. 338.251 and must provide an indication

10  from a nationally recognized rating agency that the senior

11  bonds for the project will be investment grade or must provide

12  credit support, such as a letter of credit or other means

13  acceptable to the department, to ensure that the loans will be

14  fully repaid.

15         (e)  Agreements entered into pursuant to this

16  subsection may authorize the public-private entity to impose

17  tolls or fares for the use of the facility. However, the

18  amount and use of toll or fare revenues shall be regulated by

19  the expressway authority to avoid unreasonable costs to users

20  of the facility.

21         (f)  Each public-private transportation facility

22  constructed pursuant to this subsection shall comply with all

23  requirements of federal, state, and local laws; state,

24  regional, and local comprehensive plans; the expressway

25  authority's rules, policies, procedures, and standards for

26  transportation facilities; and any other conditions that the

27  expressway authority determines to be in the public's best

28  interest.

29         (g)  An expressway authority may exercise any power

30  possessed by it, including eminent domain, to facilitate the

31  development and construction of transportation projects


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    CS for CS for SB 1766                          First Engrossed



 1  pursuant to this subsection. An expressway authority may pay

 2  all or part of the cost of operating and maintaining the

 3  facility or may provide services to the private entity for

 4  which it receives full or partial reimbursement for services

 5  rendered.

 6         (h)  Except as herein provided, this subsection is not

 7  intended to amend existing laws by granting additional powers

 8  to or further restricting the governmental entities from

 9  regulating and entering into cooperative arrangements with the

10  private sector for the planning, construction, and operation

11  of transportation facilities. Use of the powers granted in

12  this subsection may not subject a statutorily created

13  expressway authority, transportation authority, bridge

14  authority, or toll authority, other than one statutorily

15  created under this part, to any of the requirements of this

16  part other than those contained in this subsection.

17         Section 28.  Section 348.0012, Florida Statutes, is

18  amended to read:

19         348.0012  Exemptions from applicability.--The Florida

20  Expressway Authority Act does not apply:

21         (1)  In a county in which an expressway authority has

22  been created pursuant to other parts II-IX of this chapter,

23  except as expressly provided in this part; or

24         (2)  To a transportation authority created pursuant to

25  chapter 349.

26         Section 29.  The Legislative Committee on

27  Intergovernmental Relations shall study methods to incentivize

28  and reward local governments that demonstrate maximum local

29  effort in funding local transportation needs to the benefit of

30  the state transportation system through the use of

31  local-option revenue sources. The Department of Revenue, the


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    CS for CS for SB 1766                          First Engrossed



 1  Department of Transportation, and other state agencies shall

 2  provide data and support as requested by the committee for the

 3  purpose of the study. All local governments are encouraged to

 4  assist and cooperate with the committee as necessary. The

 5  committee shall submit a report summarizing its research

 6  findings and proposed policy options to the Governor, the

 7  President of the Senate, and the Speaker of the House of

 8  Representatives by December 1, 2006.

 9         Section 30.  This act shall take effect July 1, 2006.

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