Senate Bill sb1928c1
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Florida Senate - 2007 CS for SB 1928
By the Committee on Transportation
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1 A bill to be entitled
2 An act relating to transportation; amending s.
3 20.23, F.S.; providing that the salary and
4 benefits of the executive director of the
5 Florida Transportation Commission shall be set
6 in accordance with the Senior Management
7 Service; amending s. 112.061, F.S.; authorizing
8 metropolitan planning organizations and certain
9 separate entities to establish per diem and
10 travel reimbursement rates; amending s.
11 121.021, F.S.; defining the term "metropolitan
12 planning organization" for purposes of the
13 Florida Retirement System Act; revising
14 definitions to include M.P.O.'s and positions
15 in M.P.O.'s; amending s. 121.051, F.S.;
16 providing for M.P.O.'s to participate in the
17 Florida Retirement System; amending s. 121.055,
18 F.S.; requiring certain M.P.O. staff positions
19 to be in the Senior Management Service Class;
20 amending s. 121.061, F.S.; providing for
21 enforcement of certain employer funding
22 contributions required under the Florida
23 Retirement System; authorizing deductions of
24 amounts owed from certain funds distributed to
25 an M.P.O.; authorizing the governing body of an
26 M.P.O. to file and maintain an action in court
27 to require an employer to remit retirement or
28 social security member contributions or
29 employer matching payments; amending s.
30 121.081, F.S.; providing for M.P.O. officers
31 and staff to claim credit for past service for
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1 retirement benefits; amending s. 212.055, F.S.;
2 deleting a provision prohibiting a school
3 district, county, or municipality from issuing
4 bonds more than once each year pledging the
5 proceeds of certain discretionary taxes;
6 amending s. 215.615, F.S.; revising the
7 Department of Transportation's requirement to
8 share certain costs of fixed-guideway system
9 projects; revising criteria for an interlocal
10 agreement to establish bond financing for
11 fixed-guideway system projects; revising
12 provisions for sources of funds for the payment
13 of bonds; amending s. 255.20, F.S.; increasing
14 a threshold for public works projects of
15 specified local governments which must be
16 competitively awarded; amending s. 336.41,
17 F.S.; increasing the threshold for certain road
18 construction and maintenance by counties which
19 is exempt from a competitive-bid requirement;
20 amending s. 316.605, F.S.; providing height and
21 placement requirements for vehicle license
22 plates; prohibiting display that obscures
23 identification of the letters and numbers on a
24 license plate; providing penalties; amending s.
25 316.650, F.S.; revising procedures for
26 disposition of citations issued for failure to
27 pay toll; providing that the citation will not
28 be submitted to the court and no points will be
29 assessed on the driver's license if the person
30 cited elects to make payment directly to the
31 governmental entity that issued the citation;
2
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1 providing for reporting of the citation by the
2 governmental entity to the Department of
3 Highway Safety and Motor Vehicles; amending s.
4 318.14, F.S.; providing for the amount required
5 to be paid under certain procedures for
6 disposition of a citation issued for failure to
7 pay toll; providing for the person cited to
8 request a court hearing; amending s. 318.18,
9 F.S.; revising penalties for failure to pay a
10 prescribed toll; providing for disposition of
11 amounts received by the clerk of court;
12 removing procedures for withholding of
13 adjudication; providing for suspension of a
14 driver's license under certain circumstances;
15 amending s. 320.061, F.S.; prohibiting
16 interfering with the legibility, angular
17 visibility, or detectability of any feature or
18 detail on a license plate or interfering with
19 the ability to record any feature or detail on
20 a license plate; amending s. 336.025, F.S.;
21 deleting a prohibition against local
22 governments issuing certain bonds secured by
23 revenues from local option fuel taxes more than
24 once a year; amending s. 339.175, F.S.;
25 revising intent; providing the method of
26 creation and operation of M.P.O.'s required to
27 be designated pursuant to federal law;
28 specifying that an M.P.O. is separate from the
29 state or the governing body of a local
30 government that is represented on the governing
31 board of the M.P.O. or that is a signatory to
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1 the interlocal agreement creating the M.P.O.;
2 providing specified powers and privileges to
3 the M.P.O.; providing for the designation and
4 duties of certain officials; revising
5 requirements for voting membership; defining
6 the term "elected officials of a
7 general-purpose local government" to exclude
8 certain constitutional officers for voting
9 membership purposes; providing for the
10 appointment of alternates and advisers;
11 providing that members of an M.P.O. technical
12 advisory committee shall serve at the pleasure
13 of the M.P.O.; providing for the appointment of
14 an executive or staff director and other
15 personnel; authorizing an M.P.O. to enter into
16 contracts with public or private entities to
17 accomplish its duties and functions; providing
18 for the training of certain persons who serve
19 on an M.P.O. for certain purposes; requiring
20 that certain plans, programs, and amendments
21 that affect projects be approved by each M.P.O.
22 on a recorded roll call vote, or hand-counted
23 vote, of a majority of the membership present;
24 amending s. 339.2819, F.S.; revising the share
25 of matching funds for a public transportation
26 project provided from the Transportation
27 Regional Incentive Program; creating s.
28 339.282, F.S.; providing legislative findings;
29 providing that property owners or developers
30 who voluntarily contribute right-of-way and
31 physically construct or expand a state
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1 transportation facility or segment may receive
2 certain credits against any future
3 transportation concurrency requirements under
4 certain conditions; amending s. 343.81, F.S.;
5 prohibiting elected officials from serving on
6 the Northwest Florida Transportation Corridor
7 Authority; providing for application of the
8 prohibition to apply to persons appointed to
9 serve on the authority after a certain date;
10 amending s. 343.82, F.S.; directing the
11 authority to plan for and study the feasibility
12 of constructing, operating, and maintaining a
13 bridge or bridges, and appurtenant structures,
14 spanning Choctawhatchee Bay or Santa Rosa
15 Sound; authorizing the authority to construct,
16 operate, and maintain said bridges and
17 structures; amending s. 348.0004, F.S.;
18 authorizing certain transportation-related
19 authorities to enter into agreements with
20 private entities for the building, operation,
21 ownership, or financing of transportation
22 facilities; amending s. 348.0012, F.S.;
23 revising provisions for certain exemptions from
24 the Florida Expressway Authority Act; amending
25 s. 348.754, F.S.; authorizing the
26 Orlando-Orange County Expressway Authority to
27 waive payment and performance bonds on certain
28 construction contracts if the contract is
29 awarded pursuant to an economic development
30 program for the encouragement of local small
31 businesses; providing criteria for
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1 participation in the program; providing
2 criteria for the bond waiver; providing for
3 certain determinations by the authority's
4 executive director or a designee as to the
5 suitability of a project; providing for certain
6 payment obligations if a payment and
7 performance bond is waived; requiring the
8 authority to record notice of the obligation;
9 limiting eligibility to bid on the projects;
10 providing for the authority to conduct bond
11 eligibility training for certain businesses;
12 requiring the authority to submit biennial
13 reports to the Orange County legislative
14 delegation; amending ss. 163.3177, 339.176, and
15 341.828, F.S.; correcting cross-references;
16 amending s. 2, ch. 89-383, Laws of Florida;
17 providing for certain alterations to and along
18 Red Road in Miami-Dade County for
19 transportation safety purposes; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (h) of subsection (2) and
25 paragraph (a) of subsection (4) of section 20.23, Florida
26 Statutes, are amended to read:
27 20.23 Department of Transportation.--There is created
28 a Department of Transportation which shall be a decentralized
29 agency.
30 (2)
31
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1 (h) The commission shall appoint an executive director
2 and assistant executive director, who shall serve under the
3 direction, supervision, and control of the commission. The
4 executive director, with the consent of the commission, shall
5 employ such staff as are necessary to perform adequately the
6 functions of the commission, within budgetary limitations. All
7 employees of the commission are exempt from part II of chapter
8 110 and shall serve at the pleasure of the commission. The
9 salaries and benefits of all employees of the commission,
10 except for the executive director, shall be set in accordance
11 with the Selected Exempt Service; provided, however, that the
12 salary and benefits of the executive director shall be set in
13 accordance with the Senior Management Service. The commission
14 shall have complete authority for fixing the salary of the
15 executive director and assistant executive director.
16 (4)(a) The operations of the department shall be
17 organized into seven districts, each headed by a district
18 secretary and a turnpike enterprise, headed by an executive
19 director. The district secretaries and the turnpike executive
20 director shall be registered professional engineers in
21 accordance with the provisions of chapter 471 or, in lieu of
22 professional engineer registration, a district secretary or
23 turnpike executive director may hold an advanced degree in an
24 appropriate related discipline, such as a Master of Business
25 Administration. The headquarters of the districts shall be
26 located in Polk, Columbia, Washington, Broward, Volusia, Dade,
27 and Hillsborough Counties. The headquarters of the turnpike
28 enterprise shall be located in Orange County. In order to
29 provide for efficient operations and to expedite the
30 decisionmaking process, the department shall provide for
31 maximum decentralization to the districts.
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1 Section 2. Subsection (14) of section 112.061, Florida
2 Statutes, is amended to read:
3 112.061 Per diem and travel expenses of public
4 officers, employees, and authorized persons.--
5 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS,
6 DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND
7 METROPOLITAN PLANNING ORGANIZATIONS.--
8 (a) The following entities may establish rates that
9 vary from the per diem rate provided in paragraph (6)(a), the
10 subsistence rates provided in paragraph (6)(b), or the mileage
11 rate provided in paragraph (7)(d) if those rates are not less
12 than the statutorily established rates that are in effect for
13 the 2005-2006 fiscal year:
14 1. The governing body of a county by the enactment of
15 an ordinance or resolution;
16 2. A county constitutional officer, pursuant to s.
17 1(d), Art. VIII of the State Constitution, by the
18 establishment of written policy;
19 3. The governing body of a district school board by
20 the adoption of rules; or
21 4. The governing body of a special district, as
22 defined in s. 189.403(1), except those special districts that
23 are subject to s. 166.021(10), by the enactment of a
24 resolution; or
25 5. Any metropolitan planning organization created
26 pursuant to s. 339.175 or any other separate legal or
27 administrative entity created pursuant to s. 339.175 of which
28 a metropolitan planning organization is a member, by the
29 enactment of a resolution.
30 (b) Rates established pursuant to paragraph (a) must
31 apply uniformly to all travel by the county, county
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1 constitutional officer and entity governed by that officer,
2 district school board, or special district, or metropolitan
3 planning organization.
4 (c) Except as otherwise provided in this subsection,
5 counties, county constitutional officers and entities governed
6 by those officers, district school boards, and special
7 districts, and metropolitan planning organizations, other than
8 those subject to s. 166.021(10), remain subject to the
9 requirements of this section.
10 Section 3. Subsection (11), paragraph (a) of
11 subsection (42), and paragraph (b) of subsection (52) of
12 section 121.021, Florida Statutes, are amended, and subsection
13 (62) is added to that section, 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 (11) "Officer or employee" means any person receiving
18 salary payments for work performed in a regularly established
19 position and, if employed by a city, a metropolitan planning
20 organization, or a special district, employed in a covered
21 group.
22 (42)(a) "Local agency employer" means the board of
23 county commissioners or other legislative governing body of a
24 county, however styled, including that of a consolidated or
25 metropolitan government; a clerk of the circuit court,
26 sheriff, property appraiser, tax collector, or supervisor of
27 elections, provided such officer is elected or has been
28 appointed to fill a vacancy in an elective office; a community
29 college board of trustees or district school board; or the
30 governing body of any city, metropolitan planning organization
31 created pursuant to s. 339.175 or any other separate legal or
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1 administrative entity created pursuant to s. 339.175, or
2 special district of the state which participates in the system
3 for the benefit of certain of its employees.
4 (52) "Regularly established position" is defined as
5 follows:
6 (b) In a local agency (district school board, county
7 agency, community college, city, metropolitan planning
8 organization, or special district), the term means a regularly
9 established position which will be in existence for a period
10 beyond 6 consecutive months, except as provided by rule.
11 (62) "Metropolitan planning organization" means an
12 entity created by an interlocal agreement pursuant to s.
13 339.175 or any other entity created pursuant to s. 339.175.
14 Section 4. Paragraph (b) of subsection (2) of section
15 121.051, Florida Statutes, is amended to read:
16 121.051 Participation in the system.--
17 (2) OPTIONAL PARTICIPATION.--
18 (b)1. The governing body of any municipality,
19 metropolitan planning organization, or special district in the
20 state may elect to participate in the system upon proper
21 application to the administrator and may cover all or any of
22 its units as approved by the Secretary of Health and Human
23 Services and the administrator. The department shall adopt
24 rules establishing provisions for the submission of documents
25 necessary for such application. Prior to being approved for
26 participation in the Florida Retirement System, the governing
27 body of any such municipality, metropolitan planning
28 organization, or special district that has a local retirement
29 system shall submit to the administrator a certified financial
30 statement showing the condition of the local retirement system
31 as of a date within 3 months prior to the proposed effective
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1 date of membership in the Florida Retirement System. The
2 statement must be certified by a recognized accounting firm
3 that is independent of the local retirement system. All
4 required documents necessary for extending Florida Retirement
5 System coverage must be received by the department for
6 consideration at least 15 days prior to the proposed effective
7 date of coverage. If the municipality, metropolitan planning
8 organization, or special district does not comply with this
9 requirement, the department may require that the effective
10 date of coverage be changed.
11 2. Any city, metropolitan planning organization, or
12 special district that has an existing retirement system
13 covering the employees in the units that are to be brought
14 under the Florida Retirement System may participate only after
15 holding a referendum in which all employees in the affected
16 units have the right to participate. Only those employees
17 electing coverage under the Florida Retirement System by
18 affirmative vote in said referendum shall be eligible for
19 coverage under this chapter, and those not participating or
20 electing not to be covered by the Florida Retirement System
21 shall remain in their present systems and shall not be
22 eligible for coverage under this chapter. After the referendum
23 is held, all future employees shall be compulsory members of
24 the Florida Retirement System.
25 3. The governing body of any city, metropolitan
26 planning organization, or special district complying with
27 subparagraph 1. may elect to provide, or not provide, benefits
28 based on past service of officers and employees as described
29 in s. 121.081(1). However, if such employer elects to provide
30 past service benefits, such benefits must be provided for all
31 officers and employees of its covered group.
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1 4. Once this election is made and approved it may not
2 be revoked, except pursuant to subparagraphs 5. and 6., and
3 all present officers and employees electing coverage under
4 this chapter and all future officers and employees shall be
5 compulsory members of the Florida Retirement System.
6 5. Subject to the conditions set forth in subparagraph
7 6., the governing body of any hospital licensed under chapter
8 395 which is governed by the board of a special district as
9 defined in s. 189.403(1) or by the board of trustees of a
10 public health trust created under s. 154.07, hereinafter
11 referred to as "hospital district," and which participates in
12 the system, may elect to cease participation in the system
13 with regard to future employees in accordance with the
14 following procedure:
15 a. No more than 30 days and at least 7 days before
16 adopting a resolution to partially withdraw from the Florida
17 Retirement System and establish an alternative retirement plan
18 for future employees, a public hearing must be held on the
19 proposed withdrawal and proposed alternative plan.
20 b. From 7 to 15 days before such hearing, notice of
21 intent to withdraw, specifying the time and place of the
22 hearing, must be provided in writing to employees of the
23 hospital district proposing partial withdrawal and must be
24 published in a newspaper of general circulation in the area
25 affected, as provided by ss. 50.011-50.031. Proof of
26 publication of such notice shall be submitted to the
27 Department of Management Services.
28 c. The governing body of any hospital district seeking
29 to partially withdraw from the system must, before such
30 hearing, have an actuarial report prepared and certified by an
31 enrolled actuary, as defined in s. 112.625(3), illustrating
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1 the cost to the hospital district of providing, through the
2 retirement plan that the hospital district is to adopt,
3 benefits for new employees comparable to those provided under
4 the Florida Retirement System.
5 d. Upon meeting all applicable requirements of this
6 subparagraph, and subject to the conditions set forth in
7 subparagraph 6., partial withdrawal from the system and
8 adoption of the alternative retirement plan may be
9 accomplished by resolution duly adopted by the hospital
10 district board. The hospital district board must provide
11 written notice of such withdrawal to the division by mailing a
12 copy of the resolution to the division, postmarked no later
13 than December 15, 1995. The withdrawal shall take effect
14 January 1, 1996.
15 6. Following the adoption of a resolution under
16 sub-subparagraph 5.d., all employees of the withdrawing
17 hospital district who were participants in the Florida
18 Retirement System prior to January 1, 1996, shall remain as
19 participants in the system for as long as they are employees
20 of the hospital district, and all rights, duties, and
21 obligations between the hospital district, the system, and the
22 employees shall remain in full force and effect. Any employee
23 who is hired or appointed on or after January 1, 1996, may not
24 participate in the Florida Retirement System, and the
25 withdrawing hospital district shall have no obligation to the
26 system with respect to such employees.
27 Section 5. Paragraph (l) is added to subsection (1) of
28 section 121.055, Florida Statutes, to read:
29 121.055 Senior Management Service Class.--There is
30 hereby established a separate class of membership within the
31 Florida Retirement System to be known as the "Senior
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1 Management Service Class," which shall become effective
2 February 1, 1987.
3 (1)
4 (l) For each metropolitan planning organization that
5 has opted to become part of the Florida Retirement System,
6 participation in the Senior Management Service Class shall be
7 compulsory for the executive director or staff director of
8 that metropolitan planning organization.
9 Section 6. Paragraphs (a) and (c) of subsection (2) of
10 section 121.061, Florida Statutes, are amended to read:
11 121.061 Funding.--
12 (2)(a) Should any employer other than a state employer
13 fail to make the retirement and social security contributions,
14 both member and employer contributions, required by this
15 chapter, then, upon request by the administrator, the
16 Department of Revenue or the Department of Financial Services,
17 as the case may be, shall deduct the amount owed by the
18 employer from any funds to be distributed by it to the county,
19 city, metropolitan planning organization, special district, or
20 consolidated form of government. The amounts so deducted shall
21 be transferred to the administrator for further distribution
22 to the trust funds in accordance with this chapter.
23 (c) The governing body of each county, city,
24 metropolitan planning organization, special district, or
25 consolidated form of government participating under this
26 chapter or the administrator, acting individually or jointly,
27 is hereby authorized to file and maintain an action in the
28 courts of the state to require any employer to remit any
29 retirement or social security member contributions or employer
30 matching payments due the retirement or social security trust
31 funds under the provisions of this chapter.
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1 Section 7. Paragraphs (a), (b), and (e) of subsection
2 (1) of section 121.081, Florida Statutes, are amended to read:
3 121.081 Past service; prior service;
4 contributions.--Conditions under which past service or prior
5 service may be claimed and credited are:
6 (1)(a) Past service, as defined in s. 121.021(18), may
7 be claimed as creditable service by officers or employees of a
8 city, metropolitan planning organization, or special district
9 that become a covered group under this system. The governing
10 body of a covered group in compliance with s. 121.051(2)(b)
11 may elect to provide benefits with respect to past service
12 earned prior to January 1, 1975, in accordance with this
13 chapter, and the cost for such past service shall be
14 established by applying the following formula: The member
15 contribution for both regular and special risk members shall
16 be 4 percent of the gross annual salary for each year of past
17 service claimed, plus 4-percent employer matching
18 contribution, plus 4 percent interest thereon compounded
19 annually, figured on each year of past service, with interest
20 compounded from date of annual salary earned until July 1,
21 1975, and 6.5 percent interest compounded annually thereafter
22 until date of payment. Once the total cost for a member has
23 been figured to date, then after July 1, 1975, 6.5 percent
24 compounded interest shall be added each June 30 thereafter on
25 any unpaid balance until the cost of such past service
26 liability is paid in full. The following formula shall be used
27 in calculating past service earned prior to January 1, 1975:
28 (Annual gross salary multiplied by 8 percent) multiplied by
29 the 4 percent or 6.5 percent compound interest table factor,
30 as may be applicable. The resulting product equals cost to
31 date for each particular year of past service.
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1 (b) Past service earned after January 1, 1975, may be
2 claimed by officers or employees of a city, metropolitan
3 planning organization, or special district that becomes a
4 covered group under this system. The governing body of a
5 covered group may elect to provide benefits with respect to
6 past service earned after January 1, 1975, in accordance with
7 this chapter, and the cost for such past service shall be
8 established by applying the following formula: The employer
9 shall contribute an amount equal to the contribution rate in
10 effect at the time the service was earned, multiplied by the
11 employee's gross salary for each year of past service claimed,
12 plus 6.5 percent interest thereon, compounded annually,
13 figured on each year of past service, with interest compounded
14 from date of annual salary earned until date of payment.
15 (e) Past service, as defined in s. 121.021(18), may be
16 claimed as creditable service by a member of the Florida
17 Retirement System who formerly was an officer or employee of a
18 city, metropolitan planning organization, or special district,
19 notwithstanding the status or form of the retirement system,
20 if any, of that city, metropolitan planning organization, or
21 special district and irrespective of whether officers or
22 employees of that city, metropolitan planning organization, or
23 special district now or hereafter become a covered group under
24 the Florida Retirement System. Such member may claim
25 creditable service and be entitled to the benefits accruing to
26 the regular class of members as provided for the past service
27 claimed under this paragraph by paying into the retirement
28 trust fund an amount equal to the total actuarial cost of
29 providing the additional benefit resulting from such
30 past-service credit, discounted by the applicable actuarial
31 factors to date of retirement.
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1 Section 8. Paragraph (e) of subsection (2) of section
2 212.055, Florida Statutes, is amended to read:
3 212.055 Discretionary sales surtaxes; legislative
4 intent; authorization and use of proceeds.--It is the
5 legislative intent that any authorization for imposition of a
6 discretionary sales surtax shall be published in the Florida
7 Statutes as a subsection of this section, irrespective of the
8 duration of the levy. Each enactment shall specify the types
9 of counties authorized to levy; the rate or rates which may be
10 imposed; the maximum length of time the surtax may be imposed,
11 if any; the procedure which must be followed to secure voter
12 approval, if required; the purpose for which the proceeds may
13 be expended; and such other requirements as the Legislature
14 may provide. Taxable transactions and administrative
15 procedures shall be as provided in s. 212.054.
16 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
17 (e) School districts, counties, and municipalities
18 receiving proceeds under the provisions of this subsection may
19 pledge such proceeds for the purpose of servicing new bond
20 indebtedness incurred pursuant to law. Local governments may
21 use the services of the Division of Bond Finance of the State
22 Board of Administration pursuant to the State Bond Act to
23 issue any bonds through the provisions of this subsection. In
24 no case may a jurisdiction issue bonds pursuant to this
25 subsection more frequently than once per year. Counties and
26 municipalities may join together for the issuance of bonds
27 authorized by this subsection.
28 Section 9. Subsection (1) of section 215.615, Florida
29 Statutes, is amended to read:
30 215.615 Fixed-guideway transportation systems
31 funding.--
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1 (1) The issuance of revenue bonds by the Division of
2 Bond Finance, on behalf of the Department of Transportation,
3 pursuant to s. 11, Art. VII of the State Constitution, is
4 authorized, pursuant to the State Bond Act, to finance or
5 refinance fixed capital expenditures for fixed-guideway
6 transportation systems, as defined in s. 341.031, including
7 facilities appurtenant thereto, costs of issuance, and other
8 amounts relating to such financing or refinancing. Such
9 revenue bonds shall be matched on a 50-50 basis with funds
10 from sources other than revenues of the Department of
11 Transportation, in a manner acceptable to the Department of
12 Transportation. The Division of Bond Finance is authorized to
13 consider innovative financing techniques, technologies which
14 may include, but are not limited to, innovative bidding and
15 structures of potential financings findings that may result in
16 negotiated transactions. The following conditions apply to the
17 issuance of revenue bonds for fixed-guideway transportation
18 systems:
19 (a) The department and any participating commuter rail
20 authority or regional transportation authority established
21 under chapter 343, local governments, or local governments
22 collectively by interlocal agreement having jurisdiction of a
23 fixed-guideway transportation system may enter into an
24 interlocal agreement to promote the efficient and
25 cost-effective financing or refinancing of fixed-guideway
26 transportation system projects by revenue bonds issued
27 pursuant to this subsection. The terms of such interlocal
28 agreements shall include provisions for the Department of
29 Transportation to request the issuance of the bonds on behalf
30 of the parties; shall provide that after reimbursement
31 pursuant to interlocal agreement, the department's share may
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1 be up to 50 percent of the eligible project cost, which may
2 include a share of annual each party to the agreement is
3 contractually liable for an equal share of funding an amount
4 equal to the debt service requirements of such bonds; and
5 shall include any other terms, provisions, or covenants
6 necessary to the making of and full performance under such
7 interlocal agreement. Repayments made to the department under
8 any interlocal agreement are not pledged to the repayment of
9 bonds issued hereunder, and failure of the local governmental
10 authority to make such payment shall not affect the obligation
11 of the department to pay debt service on the bonds.
12 (b) Revenue bonds issued pursuant to this subsection
13 shall not constitute a general obligation of, or a pledge of
14 the full faith and credit of, the State of Florida. Bonds
15 issued pursuant to this section shall be payable from funds
16 available pursuant to s. 206.46(3), or other funds available
17 to the project, subject to annual appropriation. The amount of
18 revenues available for debt service shall never exceed a
19 maximum of 2 percent of all state revenues deposited into the
20 State Transportation Trust Fund.
21 (c) The projects to be financed or refinanced with the
22 proceeds of the revenue bonds issued hereunder are designated
23 as state fixed capital outlay projects for purposes of s.
24 11(d), Art. VII of the State Constitution, and the specific
25 projects to be financed or refinanced shall be determined by
26 the Department of Transportation in accordance with state law
27 and appropriations from the State Transportation Trust Fund.
28 Each project to be financed with the proceeds of the bonds
29 issued pursuant to this subsection must first be approved by
30 the Legislature by an act of general law.
31
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1 (d) Any complaint for validation of bonds issued
2 pursuant to this section shall be filed in the circuit court
3 of the county where the seat of state government is situated,
4 the notice required to be published by s. 75.06 shall be
5 published only in the county where the complaint is filed, and
6 the complaint and order of the circuit court shall be served
7 only on the state attorney of the circuit in which the action
8 is pending.
9 (e) The state does hereby covenant with holders of
10 such revenue bonds or other instruments of indebtedness issued
11 hereunder, that it will not repeal or impair or amend these
12 provisions in any manner that will materially and adversely
13 affect the rights of such holders as long as bonds authorized
14 by this subsection are outstanding.
15 (f) This subsection supersedes any inconsistent
16 provisions in existing law.
17
18 Notwithstanding this subsection, the lien of revenue bonds
19 issued pursuant to this subsection on moneys deposited into
20 the State Transportation Trust Fund shall be subordinate to
21 the lien on such moneys of bonds issued under ss. 215.605,
22 320.20, and 215.616, and any pledge of such moneys to pay
23 operating and maintenance expenses under s. 206.46(5) and
24 chapter 348, as may be amended.
25 Section 10. Subsection (2) of section 255.20, Florida
26 Statutes, is amended to read:
27 255.20 Local bids and contracts for public
28 construction works; specification of state-produced lumber.--
29 (2) The threshold amount of $400,000 $200,000 for
30 construction or $100,000 $50,000 for electrical work must be
31 adjusted by the percentage change in the Consumer Price Index
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1 from January 1, 2007 1994, to January 1 of the year in which
2 the project is scheduled to begin.
3 Section 11. Subsection (3) of section 336.41, Florida
4 Statutes, is amended to read:
5 336.41 Counties; employing labor and providing road
6 equipment; accounting; when competitive bidding required.--
7 (3) All construction and reconstruction of roads and
8 bridges, including resurfacing, full scale mineral seal
9 coating, and major bridge and bridge system repairs, to be
10 performed utilizing the proceeds of the 80-percent portion of
11 the surplus of the constitutional gas tax shall be let to
12 contract to the lowest responsible bidder by competitive bid,
13 except for:
14 (a) Construction and maintenance in emergency
15 situations, and
16 (b) In addition to emergency work, construction and
17 reconstruction, including resurfacing, mineral seal coating,
18 and bridge repairs, having a total cumulative annual value not
19 to exceed 5 percent of its 80-percent portion of the
20 constitutional gas tax or $400,000 $250,000, whichever is
21 greater,
22
23 for which the county may utilize its own forces. However, if,
24 after proper advertising, no bids are received by a county for
25 a specific project, the county may use its own forces to
26 construct the project, notwithstanding the limitation of this
27 subsection. Nothing in this section shall prevent the county
28 from performing routine maintenance as authorized by law.
29 Section 12. Subsection (1) of section 316.605, Florida
30 Statutes, is amended to read:
31 316.605 Licensing of vehicles.--
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1 (1) Every vehicle, at all times while driven, stopped,
2 or parked upon any highways, roads, or streets of this state,
3 shall be licensed in the name of the owner thereof in
4 accordance with the laws of this state unless such vehicle is
5 not required by the laws of this state to be licensed in this
6 state and shall, except as otherwise provided in s. 320.0706
7 for front-end registration license plates on truck tractors
8 and s. 320.086(5) which exempts display of license plates on
9 described former military vehicles, display the license plate
10 or both of the license plates assigned to it by the state, one
11 on the rear and, if two, the other on the front of the
12 vehicle, each to be securely fastened to the vehicle outside
13 the main body of the vehicle not higher than 60 inches and not
14 lower than 12 inches from the ground, not more than 24 inches
15 to the left or right of the centerline of the vehicle, and
16 fastened in such manner as to prevent the plates from
17 swinging, and all letters, numerals, printing, writing, and
18 other identification marks upon the plates regarding the word
19 "Florida," the registration decal, and the alphanumeric
20 designation shall be clear and distinct and free from
21 defacement, mutilation, grease, and other obscuring matter, so
22 that they will be plainly visible and legible at all times 100
23 feet from the rear or front. Vehicle license plates shall be
24 affixed and displayed in such a manner that the letters and
25 numerals shall be read from left to right parallel to the
26 ground. No vehicle license plate may be displayed in an
27 inverted or reversed position or in such a manner that the
28 letters and numbers and their proper sequence are not readily
29 identifiable. Nothing shall be placed upon the face of a
30 Florida plate except as permitted by law or by rule or
31 regulation of a governmental agency. No license plates other
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1 than those furnished by the state shall be used. However, if
2 the vehicle is not required to be licensed in this state, the
3 license plates on such vehicle issued by another state, by a
4 territory, possession, or district of the United States, or by
5 a foreign country, substantially complying with the provisions
6 hereof, shall be considered as complying with this chapter. A
7 violation of this subsection is a noncriminal traffic
8 infraction, punishable as a nonmoving violation as provided in
9 chapter 318.
10 Section 13. Paragraph (b) of subsection (3) of section
11 316.650, Florida Statutes, is amended to read:
12 316.650 Traffic citations.--
13 (3)
14 (b) If a traffic citation is issued pursuant to s.
15 316.1001, a traffic enforcement officer may deposit the
16 original and one copy of such traffic citation or, in the case
17 of a traffic enforcement agency that has an automated citation
18 system, may provide an electronic facsimile with a court
19 having jurisdiction over the alleged offense or with its
20 traffic violations bureau within 45 days after the date of
21 issuance of the citation to the violator. If the person cited
22 for the violation of s. 316.1001 makes the election provided
23 by s. 318.14(12) and pays the fine imposed by the governmental
24 entity owning the applicable toll facility plus the amount of
25 the unpaid toll that is shown on the traffic citation directly
26 to the governmental entity that issued the citation or on
27 whose behalf the citation was issued in accordance with s.
28 318.14(12), the traffic citation will not be submitted to the
29 court, the disposition will be reported to the department by
30 the governmental entity that issued the citation or on whose
31
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1 behalf the citation was issued, and no points will be assessed
2 against the person's driver's license.
3 Section 14. Subsection (12) of section 318.14, Florida
4 Statutes, is amended to read:
5 318.14 Noncriminal traffic infractions; exception;
6 procedures.--
7 (12) Any person cited for a violation of s. 316.1001
8 may, in lieu of making an election as set forth in subsection
9 (4) or s. 318.18(7), elect to pay a his or her fine of $25
10 plus the amount of the unpaid toll that is shown on the
11 traffic citation directly to the governmental entity that
12 issued the citation or on whose behalf the citation was
13 issued, within 30 days after the date of issuance of the
14 citation. Any person cited for a violation of s. 316.1001 who
15 does not elect to pay the $25 fine plus the amount of the
16 unpaid toll that is shown on the traffic citation directly to
17 the governmental entity that issued the citation or on whose
18 behalf the citation was issued as described in this subsection
19 section shall have an additional 45 days after the date of the
20 issuance of the citation in which to request a court hearing
21 or to pay the civil penalty and delinquent fee, if applicable,
22 as provided in s. 318.18(7), either by mail or in person, in
23 accordance with subsection (4).
24 Section 15. Subsection (7) of section 318.18, Florida
25 Statutes, is amended to read:
26 318.18 Amount of civil penalties.--The penalties
27 required for a noncriminal disposition pursuant to s. 318.14
28 are as follows:
29 (7) Mandatory $100 fine one hundred dollars for each a
30 violation of s. 316.1001 plus the required payment of the
31 unpaid toll amount shown on the traffic citation for each
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1 citation issued. The clerk of the court shall forward $25 of
2 the $100 fine received, plus the amount of the unpaid toll
3 that is shown on the citation, to the governmental entity that
4 issued the citation or on whose behalf the citation was
5 issued. If a plea arrangement is reached prior to the date set
6 for a scheduled evidentiary hearing, there shall be a
7 mandatory fine assessed per citation of not less than $50 and
8 not more than $100 for each citation issued, plus the amount
9 of the unpaid toll for each citation issued. The clerk of the
10 court shall forward $25 of the fine imposed, plus the amount
11 of the unpaid toll that is shown on the citation, to the
12 governmental entity that issued the citation or on whose
13 behalf the citation was issued. The court shall have specific
14 authority to consolidate issued citations for the same
15 defendant for the purpose of sentencing and aggregate
16 jurisdiction. In addition, the department shall suspend for 60
17 days the driver's license of a person who is convicted of 10
18 violations of s. 316.1001 within a 36-month period. However, a
19 person may elect to pay $30 to the clerk of the court, in
20 which case adjudication is withheld, and no points are
21 assessed under s. 322.27. Upon receipt of the fine, the clerk
22 of the court must retain $5 for administrative purposes and
23 must forward the $25 to the governmental entity that issued
24 the citation. Any funds received by a governmental entity for
25 this violation may be used for any lawful purpose related to
26 the operation or maintenance of a toll facility.
27 Section 16. Section 320.061, Florida Statutes, is
28 amended to read:
29 320.061 Unlawful to alter motor vehicle registration
30 certificates, license plates, mobile home stickers, or
31 validation stickers or to obscure license plates; penalty.--No
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1 person shall alter the original appearance of any registration
2 license plate, mobile home sticker, validation sticker, or
3 vehicle registration certificate issued for and assigned to
4 any motor vehicle or mobile home, whether by mutilation,
5 alteration, defacement, or change of color or in any other
6 manner. No person shall apply or attach any substance,
7 reflective matter, illuminated device, spray, coating,
8 covering, or other material onto or around any license plate
9 that interferes with the legibility, angular visibility, or
10 detectability of any feature or detail on the license plate or
11 interferes with the ability to record any feature or detail on
12 the license plate. Any person who violates the provisions of
13 this section commits section is guilty of a misdemeanor of the
14 second degree, punishable as provided in s. 775.082 or s.
15 775.083.
16 Section 17. Paragraph (c) of subsection (1) of section
17 336.025, Florida Statutes, is amended to read:
18 336.025 County transportation system; levy of local
19 option fuel tax on motor fuel and diesel fuel.--
20 (1)
21 (c) Local governments may use the services of the
22 Division of Bond Finance of the State Board of Administration
23 pursuant to the State Bond Act to issue any bonds through the
24 provisions of this section and may pledge the revenues from
25 local option fuel taxes to secure the payment of the bonds. In
26 no case may a jurisdiction issue bonds pursuant to this
27 section more frequently than once per year. Counties and
28 municipalities may join together for the issuance of bonds
29 issued pursuant to this section.
30 Section 18. Section 339.175, Florida Statutes, is
31 amended to read:
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1 339.175 Metropolitan planning organization.--
2 (1) PURPOSE.--It is the intent of the Legislature to
3 encourage and promote the safe and efficient management,
4 operation, and development of surface transportation systems
5 that will serve the mobility needs of people and freight and
6 foster economic growth and development within and through
7 urbanized areas of this state while minimizing
8 transportation-related fuel consumption and air pollution
9 through metropolitan transportation planning processes
10 identified in this section. To accomplish these objectives,
11 metropolitan planning organizations, referred to in this
12 section as M.P.O.'s, shall develop, in cooperation with the
13 state and public transit operators, transportation plans and
14 programs for metropolitan areas. The plans and programs for
15 each metropolitan area must provide for the development and
16 integrated management and operation of transportation systems
17 and facilities, including pedestrian walkways and bicycle
18 transportation facilities that will function as an intermodal
19 transportation system for the metropolitan area, based upon
20 the prevailing principles provided in s. 334.046(1). The
21 process for developing such plans and programs shall provide
22 for consideration of all modes of transportation and shall be
23 continuing, cooperative, and comprehensive, to the degree
24 appropriate, based on the complexity of the transportation
25 problems to be addressed. To ensure that the process is
26 integrated with the statewide planning process, M.P.O.'s shall
27 develop plans and programs that identify transportation
28 facilities that should function as an integrated metropolitan
29 transportation system, giving emphasis to facilities that
30 serve important national, state, and regional transportation
31 functions. For the purposes of this section, those facilities
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1 include the facilities on the Strategic Intermodal System
2 designated under s. 339.63 and facilities for which projects
3 have been identified pursuant to s. 339.2819(4).
4 (2)(1) DESIGNATION.--
5 (a)1. An M.P.O. shall be designated for each urbanized
6 area of the state; however, this does not require that an
7 individual M.P.O. be designated for each such area. Such
8 designation shall be accomplished by agreement between the
9 Governor and units of general-purpose local government
10 representing at least 75 percent of the population of the
11 urbanized area; however, the unit of general-purpose local
12 government that represents the central city or cities within
13 the M.P.O. jurisdiction, as defined by the United States
14 Bureau of the Census, must be a party to such agreement.
15 2. More than one M.P.O. may be designated within an
16 existing metropolitan planning area only if the Governor and
17 the existing M.P.O. determine that the size and complexity of
18 the existing metropolitan planning area makes the designation
19 of more than one M.P.O. for the area appropriate.
20 (b) Each M.P.O. designated in a manner prescribed by
21 Title 23 U.S.C. shall be created and operated under the
22 provisions of this section pursuant to an interlocal agreement
23 entered into pursuant to s. 163.01. The signatories to the
24 interlocal agreement shall be the department and the
25 governmental entities designated by the Governor for
26 membership on the M.P.O. Each M.P.O. shall be considered
27 separate from the state or the governing body of a local
28 government that is represented on the governing board of the
29 M.P.O. or that is a signatory to the interlocal agreement
30 creating the M.P.O. and shall have such powers and privileges
31
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1 that are provided under s. 163.01. If there is a conflict
2 between this section and s. 163.01, this section prevails.
3 (c) The jurisdictional boundaries of an M.P.O. shall
4 be determined by agreement between the Governor and the
5 applicable M.P.O. The boundaries must include at least the
6 metropolitan planning area, which is the existing urbanized
7 area and the contiguous area expected to become urbanized
8 within a 20-year forecast period, and may encompass the entire
9 metropolitan statistical area or the consolidated metropolitan
10 statistical area.
11 (d) In the case of an urbanized area designated as a
12 nonattainment area for ozone or carbon monoxide under the
13 Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of
14 the metropolitan planning area in existence as of the date of
15 enactment of this paragraph shall be retained, except that the
16 boundaries may be adjusted by agreement of the Governor and
17 affected metropolitan planning organizations in the manner
18 described in this section. If more than one M.P.O. has
19 authority within a metropolitan area or an area that is
20 designated as a nonattainment area, each M.P.O. shall consult
21 with other M.P.O.'s designated for such area and with the
22 state in the coordination of plans and programs required by
23 this section.
24 (e) The governing body of the M.P.O. shall designate,
25 at a minimum, a chair, vice chair, and agency clerk. The chair
26 and vice chair shall be selected from among the member
27 delegates comprising the governing board. The agency clerk
28 shall be charged with the responsibility of preparing meeting
29 minutes and maintaining agency records. The clerk shall be a
30 member of the M.P.O. governing board, an employee of the
31 M.P.O., or other natural person.
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1
2 Each M.P.O. required under this section must be fully
3 operative no later than 6 months following its designation.
4 (3)(2) VOTING MEMBERSHIP.--
5 (a) The voting membership of an M.P.O. shall consist
6 of not fewer than 5 or more than 19 apportioned members, the
7 exact number to be determined on an equitable
8 geographic-population ratio basis by the Governor, based on an
9 agreement among the affected units of general-purpose local
10 government as required by federal rules and regulations. The
11 Governor, in accordance with 23 U.S.C. s. 134, may also
12 provide for M.P.O. members who represent municipalities to
13 alternate with representatives from other municipalities
14 within the metropolitan planning area that do not have members
15 on the M.P.O. County commission members shall compose not less
16 than one-third of the M.P.O. membership, except for an M.P.O.
17 with more than 15 members located in a county with a 5-member
18 five-member county commission or an M.P.O. with 19 members
19 located in a county with no more than 6 county commissioners,
20 in which case county commission members may compose less than
21 one-third percent of the M.P.O. membership, but all county
22 commissioners must be members. All voting members shall be
23 elected officials of general-purpose local governments, except
24 that an M.P.O. may include, as part of its apportioned voting
25 members, a member of a statutorily authorized planning board,
26 an official of an agency that operates or administers a major
27 mode of transportation, or an official of the Florida Space
28 Authority. As used in this section, the term "elected
29 officials of a general-purpose local government" shall exclude
30 constitutional officers, including sheriffs, tax collectors,
31 supervisors of elections, property appraisers, clerks of the
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1 court, and similar types of officials. County commissioners
2 The county commission shall compose not less than 20 percent
3 of the M.P.O. membership if an official of an agency that
4 operates or administers a major mode of transportation has
5 been appointed to an M.P.O.
6 (b) In metropolitan areas in which authorities or
7 other agencies have been or may be created by law to perform
8 transportation functions and are performing transportation
9 functions that are not under the jurisdiction of a
10 general-purpose general purpose local government represented
11 on the M.P.O., they shall be provided voting membership on the
12 M.P.O. In all other M.P.O.'s where transportation authorities
13 or agencies are to be represented by elected officials from
14 general-purpose general purpose local governments, the M.P.O.
15 shall establish a process by which the collective interests of
16 such authorities or other agencies are expressed and conveyed.
17 (c) Any other provision of this section to the
18 contrary notwithstanding, a chartered county with over 1
19 million population may elect to reapportion the membership of
20 an M.P.O. whose jurisdiction is wholly within the county. The
21 charter county may exercise the provisions of this paragraph
22 if:
23 1. The M.P.O. approves the reapportionment plan by a
24 three-fourths vote of its membership;
25 2. The M.P.O. and the charter county determine that
26 the reapportionment plan is needed to fulfill specific goals
27 and policies applicable to that metropolitan planning area;
28 and
29 3. The charter county determines the reapportionment
30 plan otherwise complies with all federal requirements
31 pertaining to M.P.O. membership.
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1
2 Any charter county that elects to exercise the provisions of
3 this paragraph shall notify the Governor in writing.
4 (d) Any other provision of this section to the
5 contrary notwithstanding, any county chartered under s. 6(e),
6 Art. VIII of the State Constitution may elect to have its
7 county commission serve as the M.P.O., if the M.P.O.
8 jurisdiction is wholly contained within the county. Any
9 charter county that elects to exercise the provisions of this
10 paragraph shall so notify the Governor in writing. Upon
11 receipt of such notification, the Governor must designate the
12 county commission as the M.P.O. The Governor must appoint four
13 additional voting members to the M.P.O., one of whom must be
14 an elected official representing a municipality within the
15 county, one of whom must be an expressway authority member,
16 one of whom must be a person who does not hold elected public
17 office and who resides in the unincorporated portion of the
18 county, and one of whom must be a school board member.
19 (4)(3) APPORTIONMENT.--
20 (a) The Governor shall, with the agreement of the
21 affected units of general-purpose local government as required
22 by federal rules and regulations, apportion the membership on
23 the applicable M.P.O. among the various governmental entities
24 within the area. At the request of a majority of the affected
25 units of general-purpose local government comprising an
26 M.P.O., the Governor and a majority of units of
27 general-purpose local government serving on an M.P.O. shall
28 cooperatively agree upon and prescribe who may serve as an
29 alternate member and shall prescribe a method for appointing
30 alternate members who may vote at any M.P.O. meeting that an
31 alternate member attends in place of a regular member. The
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1 method shall be set forth as a part of the interlocal
2 agreement describing the M.P.O.'s membership or in the
3 M.P.O.'s operating procedures and bylaws. An appointed
4 alternate member must be an elected official serving the same
5 governmental entity or a general-purpose local government with
6 jurisdiction within all or part of the area that the regular
7 member serves. The governmental entity so designated shall
8 appoint the appropriate number of members to the M.P.O. from
9 eligible officials. Representatives of the department shall
10 serve as nonvoting members of the M.P.O. governing board.
11 Nonvoting advisers may be appointed by the M.P.O. as deemed
12 necessary; however, to the maximum extent feasible, each
13 M.P.O. shall seek to appoint nonvoting representatives of
14 various multimodal forms of transportation not otherwise
15 represented by voting members of the M.P.O. An M.P.O. shall
16 appoint nonvoting advisers representing major military
17 installations located within the jurisdictional boundaries of
18 the M.P.O. upon the request of the aforesaid major military
19 installations and subject to the agreement of the M.P.O. All
20 nonvoting advisers may attend and participate fully in
21 governing board meetings but shall not have a vote and shall
22 not be members of the governing board. The Governor shall
23 review the composition of the M.P.O. membership in conjunction
24 with the decennial census as prepared by the United States
25 Department of Commerce, Bureau of the Census, and reapportion
26 it as necessary to comply with subsection (3) (2).
27 (b) Except for members who represent municipalities on
28 the basis of alternating with representatives from other
29 municipalities that do not have members on the M.P.O. as
30 provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
31 shall serve 4-year terms. Members who represent municipalities
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1 on the basis of alternating with representatives from other
2 municipalities that do not have members on the M.P.O. as
3 provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
4 years as further provided in the interlocal agreement
5 described in paragraph (2)(b) (1)(b). The membership of a
6 member who is a public official automatically terminates upon
7 the member's leaving his or her elective or appointive office
8 for any reason, or may be terminated by a majority vote of the
9 total membership of the entity's governing board a county or
10 city governing entity represented by the member. A vacancy
11 shall be filled by the original appointing entity. A member
12 may be reappointed for one or more additional 4-year terms.
13 (c) If a governmental entity fails to fill an assigned
14 appointment to an M.P.O. within 60 days after notification by
15 the Governor of its duty to appoint, that appointment shall be
16 made by the Governor from the eligible representatives of that
17 governmental entity.
18 (5)(4) AUTHORITY AND RESPONSIBILITY.--The authority
19 and responsibility of an M.P.O. is to manage a continuing,
20 cooperative, and comprehensive transportation planning process
21 that, based upon the prevailing principles provided in s.
22 334.046(1), results in the development of plans and programs
23 which are consistent, to the maximum extent feasible, with the
24 approved local government comprehensive plans of the units of
25 local government the boundaries of which are within the
26 metropolitan area of the M.P.O. An M.P.O. shall be the forum
27 for cooperative decisionmaking by officials of the affected
28 governmental entities in the development of the plans and
29 programs required by subsections (5), (6), (7), and (8), and
30 (9).
31
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1 (6)(5) POWERS, DUTIES, AND RESPONSIBILITIES.--The
2 powers, privileges, and authority of an M.P.O. are those
3 specified in this section or incorporated in an interlocal
4 agreement authorized under s. 163.01. Each M.P.O. shall
5 perform all acts required by federal or state laws or rules,
6 now and subsequently applicable, which are necessary to
7 qualify for federal aid. It is the intent of this section that
8 each M.P.O. shall be involved in the planning and programming
9 of transportation facilities, including, but not limited to,
10 airports, intercity and high-speed rail lines, seaports, and
11 intermodal facilities, to the extent permitted by state or
12 federal law.
13 (a) Each M.P.O. shall, in cooperation with the
14 department, develop:
15 1. A long-range transportation plan pursuant to the
16 requirements of subsection (7) (6);
17 2. An annually updated transportation improvement
18 program pursuant to the requirements of subsection (8) (7);
19 and
20 3. An annual unified planning work program pursuant to
21 the requirements of subsection (9) (8).
22 (b) In developing the long-range transportation plan
23 and the transportation improvement program required under
24 paragraph (a), each M.P.O. shall provide for consideration of
25 projects and strategies that will:
26 1. Support the economic vitality of the metropolitan
27 area, especially by enabling global competitiveness,
28 productivity, and efficiency;
29 2. Increase the safety and security of the
30 transportation system for motorized and nonmotorized users;
31
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1 3. Increase the accessibility and mobility options
2 available to people and for freight;
3 4. Protect and enhance the environment, promote energy
4 conservation, and improve quality of life;
5 5. Enhance the integration and connectivity of the
6 transportation system, across and between modes, for people
7 and freight;
8 6. Promote efficient system management and operation;
9 and
10 7. Emphasize the preservation of the existing
11 transportation system.
12 (c) In order to provide recommendations to the
13 department and local governmental entities regarding
14 transportation plans and programs, each M.P.O. shall:
15 1. Prepare a congestion management system for the
16 metropolitan area and cooperate with the department in the
17 development of all other transportation management systems
18 required by state or federal law;
19 2. Assist the department in mapping transportation
20 planning boundaries required by state or federal law;
21 3. Assist the department in performing its duties
22 relating to access management, functional classification of
23 roads, and data collection;
24 4. Execute all agreements or certifications necessary
25 to comply with applicable state or federal law;
26 5. Represent all the jurisdictional areas within the
27 metropolitan area in the formulation of transportation plans
28 and programs required by this section; and
29 6. Perform all other duties required by state or
30 federal law.
31
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1 (d) Each M.P.O. shall appoint a technical advisory
2 committee, the members of which shall serve at the pleasure of
3 the M.P.O. The membership of the technical advisory committee
4 must include, whenever possible, that includes planners;
5 engineers; representatives of local aviation authorities, port
6 authorities, and public transit authorities or representatives
7 of aviation departments, seaport departments, and public
8 transit departments of municipal or county governments, as
9 applicable; the school superintendent of each county within
10 the jurisdiction of the M.P.O. or the superintendent's
11 designee; and other appropriate representatives of affected
12 local governments. In addition to any other duties assigned to
13 it by the M.P.O. or by state or federal law, the technical
14 advisory committee is responsible for considering safe access
15 to schools in its review of transportation project priorities,
16 long-range transportation plans, and transportation
17 improvement programs, and shall advise the M.P.O. on such
18 matters. In addition, the technical advisory committee shall
19 coordinate its actions with local school boards and other
20 local programs and organizations within the metropolitan area
21 which participate in school safety activities, such as locally
22 established community traffic safety teams. Local school
23 boards must provide the appropriate M.P.O. with information
24 concerning future school sites and in the coordination of
25 transportation service.
26 (e)1. Each M.P.O. shall appoint a citizens' advisory
27 committee, the members of which serve at the pleasure of the
28 M.P.O. The membership on the citizens' advisory committee must
29 reflect a broad cross section of local residents with an
30 interest in the development of an efficient, safe, and
31
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1 cost-effective transportation system. Minorities, the elderly,
2 and the handicapped must be adequately represented.
3 2. Notwithstanding the provisions of subparagraph 1.,
4 an M.P.O. may, with the approval of the department and the
5 applicable federal governmental agency, adopt an alternative
6 program or mechanism to ensure citizen involvement in the
7 transportation planning process.
8 (f) The department shall allocate to each M.P.O., for
9 the purpose of accomplishing its transportation planning and
10 programming duties, an appropriate amount of federal
11 transportation planning funds.
12 (g) Each M.P.O. shall have an executive or staff
13 director who reports directly to the M.P.O. governing board
14 for all matters regarding the administration and operation of
15 the M.P.O. and any additional personnel as deemed necessary.
16 The executive director and any additional personnel may be
17 employed either by an M.P.O. or by another governmental
18 entity, such as a county, city, or regional planning council,
19 that has a staff services agreement signed and in effect with
20 the M.P.O. Each M.P.O. may employ personnel or may enter into
21 contracts with local or state agencies, private planning
22 firms, or private engineering firms, or other public or
23 private entities to accomplish its transportation planning and
24 programming duties and administrative functions required by
25 state or federal law.
26 (h) In order to enhance their knowledge,
27 effectiveness, and participation in the urbanized area
28 transportation planning process, each M.P.O. shall provide
29 training opportunities and training funds specifically for
30 local elected officials and others who serve on an M.P.O. The
31 training opportunities may be conducted by an individual
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1 M.P.O. or through statewide and federal training programs and
2 initiatives that are specifically designed to meet the needs
3 of M.P.O. board members.
4 (i)(h) A chair's coordinating committee is created,
5 composed of the M.P.O.'s serving Hernando, Hillsborough,
6 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
7 committee must, at a minimum:
8 1. Coordinate transportation projects deemed to be
9 regionally significant by the committee.
10 2. Review the impact of regionally significant land
11 use decisions on the region.
12 3. Review all proposed regionally significant
13 transportation projects in the respective transportation
14 improvement programs which affect more than one of the
15 M.P.O.'s represented on the committee.
16 4. Institute a conflict resolution process to address
17 any conflict that may arise in the planning and programming of
18 such regionally significant projects.
19 (j)(i)1. The Legislature finds that the state's rapid
20 growth in recent decades has caused many urbanized areas
21 subject to M.P.O. jurisdiction to become contiguous to each
22 other. As a result, various transportation projects may cross
23 from the jurisdiction of one M.P.O. into the jurisdiction of
24 another M.P.O. To more fully accomplish the purposes for which
25 M.P.O.'s have been mandated, M.P.O.'s shall develop
26 coordination mechanisms with one another to expand and improve
27 transportation within the state. The appropriate method of
28 coordination between M.P.O.'s shall vary depending upon the
29 project involved and given local and regional needs.
30 Consequently, it is appropriate to set forth a flexible
31 methodology that can be used by M.P.O.'s to coordinate with
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1 other M.P.O.'s and appropriate political subdivisions as
2 circumstances demand.
3 2. Any M.P.O. may join with any other M.P.O. or any
4 individual political subdivision to coordinate activities or
5 to achieve any federal or state transportation planning or
6 development goals or purposes consistent with federal or state
7 law. When an M.P.O. determines that it is appropriate to join
8 with another M.P.O. or any political subdivision to coordinate
9 activities, the M.P.O. or political subdivision shall enter
10 into an interlocal agreement pursuant to s. 163.01, which, at
11 a minimum, creates a separate legal or administrative entity
12 to coordinate the transportation planning or development
13 activities required to achieve the goal or purpose; provides
14 provide the purpose for which the entity is created; provides
15 provide the duration of the agreement and the entity, and
16 specifies specify how the agreement may be terminated,
17 modified, or rescinded; describes describe the precise
18 organization of the entity, including who has voting rights on
19 the governing board, whether alternative voting members are
20 provided for, how voting members are appointed, and what the
21 relative voting strength is for each constituent M.P.O. or
22 political subdivision; provides provide the manner in which
23 the parties to the agreement will provide for the financial
24 support of the entity and payment of costs and expenses of the
25 entity; provides provide the manner in which funds may be paid
26 to and disbursed from the entity; and provides provide how
27 members of the entity will resolve disagreements regarding
28 interpretation of the interlocal agreement or disputes
29 relating to the operation of the entity. Such interlocal
30 agreement shall become effective upon its recordation in the
31 official public records of each county in which a member of
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1 the entity created by the interlocal agreement has a voting
2 member. This paragraph does not require any M.P.O.'s to merge,
3 combine, or otherwise join together as a single M.P.O.
4 (7)(6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O.
5 must develop a long-range transportation plan that addresses
6 at least a 20-year planning horizon. The plan must include
7 both long-range and short-range strategies and must comply
8 with all other state and federal requirements. The prevailing
9 principles to be considered in the long-range transportation
10 plan are: preserving the existing transportation
11 infrastructure; enhancing Florida's economic competitiveness;
12 and improving travel choices to ensure mobility. The
13 long-range transportation plan must be consistent, to the
14 maximum extent feasible, with future land use elements and the
15 goals, objectives, and policies of the approved local
16 government comprehensive plans of the units of local
17 government located within the jurisdiction of the M.P.O. The
18 approved long-range transportation plan must be considered by
19 local governments in the development of the transportation
20 elements in local government comprehensive plans and any
21 amendments thereto. The long-range transportation plan must,
22 at a minimum:
23 (a) Identify transportation facilities, including, but
24 not limited to, major roadways, airports, seaports,
25 spaceports, commuter rail systems, transit systems, and
26 intermodal or multimodal terminals that will function as an
27 integrated metropolitan transportation system. The long-range
28 transportation plan must give emphasis to those transportation
29 facilities that serve national, statewide, or regional
30 functions, and must consider the goals and objectives
31 identified in the Florida Transportation Plan as provided in
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1 s. 339.155. If a project is located within the boundaries of
2 more than one M.P.O., the M.P.O.'s must coordinate plans
3 regarding the project in the long-range transportation plan.
4 (b) Include a financial plan that demonstrates how the
5 plan can be implemented, indicating resources from public and
6 private sources which are reasonably expected to be available
7 to carry out the plan, and recommends any additional financing
8 strategies for needed projects and programs. The financial
9 plan may include, for illustrative purposes, additional
10 projects that would be included in the adopted long-range
11 transportation plan if reasonable additional resources beyond
12 those identified in the financial plan were available. For the
13 purpose of developing the long-range transportation plan, the
14 M.P.O. and the department shall cooperatively develop
15 estimates of funds that will be available to support the plan
16 implementation. Innovative financing techniques may be used to
17 fund needed projects and programs. Such techniques may include
18 the assessment of tolls, the use of value capture financing,
19 or the use of value pricing.
20 (c) Assess capital investment and other measures
21 necessary to:
22 1. Ensure the preservation of the existing
23 metropolitan transportation system including requirements for
24 the operation, resurfacing, restoration, and rehabilitation of
25 major roadways and requirements for the operation,
26 maintenance, modernization, and rehabilitation of public
27 transportation facilities; and
28 2. Make the most efficient use of existing
29 transportation facilities to relieve vehicular congestion and
30 maximize the mobility of people and goods.
31
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1 (d) Indicate, as appropriate, proposed transportation
2 enhancement activities, including, but not limited to,
3 pedestrian and bicycle facilities, scenic easements,
4 landscaping, historic preservation, mitigation of water
5 pollution due to highway runoff, and control of outdoor
6 advertising.
7 (e) In addition to the requirements of paragraphs
8 (a)-(d), in metropolitan areas that are classified as
9 nonattainment areas for ozone or carbon monoxide, the M.P.O.
10 must coordinate the development of the long-range
11 transportation plan with the State Implementation Plan
12 developed pursuant to the requirements of the federal Clean
13 Air Act.
14
15 In the development of its long-range transportation plan, each
16 M.P.O. must provide the public, affected public agencies,
17 representatives of transportation agency employees, freight
18 shippers, providers of freight transportation services,
19 private providers of transportation, representatives of users
20 of public transit, and other interested parties with a
21 reasonable opportunity to comment on the long-range
22 transportation plan. The long-range transportation plan must
23 be approved by the M.P.O.
24 (8)(7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each
25 M.P.O. shall, in cooperation with the state and affected
26 public transportation operators, develop a transportation
27 improvement program for the area within the jurisdiction of
28 the M.P.O. In the development of the transportation
29 improvement program, each M.P.O. must provide the public,
30 affected public agencies, representatives of transportation
31 agency employees, freight shippers, providers of freight
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1 transportation services, private providers of transportation,
2 representatives of users of public transit, and other
3 interested parties with a reasonable opportunity to comment on
4 the proposed transportation improvement program.
5 (a) Each M.P.O. is responsible for developing,
6 annually, a list of project priorities and a transportation
7 improvement program. The prevailing principles to be
8 considered by each M.P.O. when developing a list of project
9 priorities and a transportation improvement program are:
10 preserving the existing transportation infrastructure;
11 enhancing Florida's economic competitiveness; and improving
12 travel choices to ensure mobility. The transportation
13 improvement program will be used to initiate federally aided
14 transportation facilities and improvements as well as other
15 transportation facilities and improvements including transit,
16 rail, aviation, spaceport, and port facilities to be funded
17 from the State Transportation Trust Fund within its
18 metropolitan area in accordance with existing and subsequent
19 federal and state laws and rules and regulations related
20 thereto. The transportation improvement program shall be
21 consistent, to the maximum extent feasible, with the approved
22 local government comprehensive plans of the units of local
23 government whose boundaries are within the metropolitan area
24 of the M.P.O. and include those projects programmed pursuant
25 to s. 339.2819(4).
26 (b) Each M.P.O. annually shall prepare a list of
27 project priorities and shall submit the list to the
28 appropriate district of the department by October 1 of each
29 year; however, the department and a metropolitan planning
30 organization may, in writing, agree to vary this submittal
31 date. The list of project priorities must be formally reviewed
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1 by the technical and citizens' advisory committees, and
2 approved by the M.P.O., before it is transmitted to the
3 district. The approved list of project priorities must be used
4 by the district in developing the district work program and
5 must be used by the M.P.O. in developing its transportation
6 improvement program. The annual list of project priorities
7 must be based upon project selection criteria that, at a
8 minimum, consider the following:
9 1. The approved M.P.O. long-range transportation plan;
10 2. The Strategic Intermodal System Plan developed
11 under s. 339.64.
12 3. The priorities developed pursuant to s.
13 339.2819(4).
14 4. The results of the transportation management
15 systems; and
16 5. The M.P.O.'s public-involvement procedures.
17 (c) The transportation improvement program must, at a
18 minimum:
19 1. Include projects and project phases to be funded
20 with state or federal funds within the time period of the
21 transportation improvement program and which are recommended
22 for advancement during the next fiscal year and 4 subsequent
23 fiscal years. Such projects and project phases must be
24 consistent, to the maximum extent feasible, with the approved
25 local government comprehensive plans of the units of local
26 government located within the jurisdiction of the M.P.O. For
27 informational purposes, the transportation improvement program
28 shall also include a list of projects to be funded from local
29 or private revenues.
30 2. Include projects within the metropolitan area which
31 are proposed for funding under 23 U.S.C. s. 134 of the Federal
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1 Transit Act and which are consistent with the long-range
2 transportation plan developed under subsection (7) (6).
3 3. Provide a financial plan that demonstrates how the
4 transportation improvement program can be implemented;
5 indicates the resources, both public and private, that are
6 reasonably expected to be available to accomplish the program;
7 identifies any innovative financing techniques that may be
8 used to fund needed projects and programs; and may include,
9 for illustrative purposes, additional projects that would be
10 included in the approved transportation improvement program if
11 reasonable additional resources beyond those identified in the
12 financial plan were available. Innovative financing techniques
13 may include the assessment of tolls, the use of value capture
14 financing, or the use of value pricing. The transportation
15 improvement program may include a project or project phase
16 only if full funding can reasonably be anticipated to be
17 available for the project or project phase within the time
18 period contemplated for completion of the project or project
19 phase.
20 4. Group projects and project phases of similar
21 urgency and anticipated staging into appropriate staging
22 periods.
23 5. Indicate how the transportation improvement program
24 relates to the long-range transportation plan developed under
25 subsection (7) (6), including providing examples of specific
26 projects or project phases that further the goals and policies
27 of the long-range transportation plan.
28 6. Indicate whether any project or project phase is
29 inconsistent with an approved comprehensive plan of a unit of
30 local government located within the jurisdiction of the M.P.O.
31 If a project is inconsistent with an affected comprehensive
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1 plan, the M.P.O. must provide justification for including the
2 project in the transportation improvement program.
3 7. Indicate how the improvements are consistent, to
4 the maximum extent feasible, with affected seaport, airport,
5 and spaceport master plans and with public transit development
6 plans of the units of local government located within the
7 jurisdiction of the M.P.O. If a project is located within the
8 boundaries of more than one M.P.O., the M.P.O.'s must
9 coordinate plans regarding the project in the transportation
10 improvement program.
11 (d) Projects included in the transportation
12 improvement program and that have advanced to the design stage
13 of preliminary engineering may be removed from or rescheduled
14 in a subsequent transportation improvement program only by the
15 joint action of the M.P.O. and the department. Except when
16 recommended in writing by the district secretary for good
17 cause, any project removed from or rescheduled in a subsequent
18 transportation improvement program shall not be rescheduled by
19 the M.P.O. in that subsequent program earlier than the 5th
20 year of such program.
21 (e) During the development of the transportation
22 improvement program, the M.P.O. shall, in cooperation with the
23 department and any affected public transit operation, provide
24 citizens, affected public agencies, representatives of
25 transportation agency employees, freight shippers, providers
26 of freight transportation services, private providers of
27 transportation, representatives of users of public transit,
28 and other interested parties with reasonable notice of and an
29 opportunity to comment on the proposed program.
30 (f) The adopted annual transportation improvement
31 program for M.P.O.'s in nonattainment or maintenance areas
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1 must be submitted to the district secretary and the Department
2 of Community Affairs at least 90 days before the submission of
3 the state transportation improvement program by the department
4 to the appropriate federal agencies. The annual transportation
5 improvement program for M.P.O.'s in attainment areas must be
6 submitted to the district secretary and the Department of
7 Community Affairs at least 45 days before the department
8 submits the state transportation improvement program to the
9 appropriate federal agencies; however, the department, the
10 Department of Community Affairs, and a metropolitan planning
11 organization may, in writing, agree to vary this submittal
12 date. The Governor or the Governor's designee shall review and
13 approve each transportation improvement program and any
14 amendments thereto.
15 (g) The Department of Community Affairs shall review
16 the annual transportation improvement program of each M.P.O.
17 for consistency with the approved local government
18 comprehensive plans of the units of local government whose
19 boundaries are within the metropolitan area of each M.P.O. and
20 shall identify those projects that are inconsistent with such
21 comprehensive plans. The Department of Community Affairs shall
22 notify an M.P.O. of any transportation projects contained in
23 its transportation improvement program which are inconsistent
24 with the approved local government comprehensive plans of the
25 units of local government whose boundaries are within the
26 metropolitan area of the M.P.O.
27 (h) The M.P.O. shall annually publish or otherwise
28 make available for public review the annual listing of
29 projects for which federal funds have been obligated in the
30 preceding year. Project monitoring systems must be maintained
31
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1 by those agencies responsible for obligating federal funds and
2 made accessible to the M.P.O.'s.
3 (9)(8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O.
4 shall develop, in cooperation with the department and public
5 transportation providers, a unified planning work program that
6 lists all planning tasks to be undertaken during the program
7 year. The unified planning work program must provide a
8 complete description of each planning task and an estimated
9 budget therefor and must comply with applicable state and
10 federal law.
11 (10)(9) AGREEMENTS.--
12 (a) Each M.P.O. shall execute the following written
13 agreements, which shall be reviewed, and updated as necessary,
14 every 5 years:
15 1. An agreement with the department clearly
16 establishing the cooperative relationship essential to
17 accomplish the transportation planning requirements of state
18 and federal law.
19 2. An agreement with the metropolitan and regional
20 intergovernmental coordination and review agencies serving the
21 metropolitan areas, specifying the means by which activities
22 will be coordinated and how transportation planning and
23 programming will be part of the comprehensive planned
24 development of the area.
25 3. An agreement with operators of public
26 transportation systems, including transit systems, commuter
27 rail systems, airports, seaports, and spaceports, describing
28 the means by which activities will be coordinated and
29 specifying how public transit, commuter rail, aviation,
30 seaport, and aerospace planning and programming will be part
31
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1 of the comprehensive planned development of the metropolitan
2 area.
3 (b) An M.P.O. may execute other agreements required by
4 state or federal law or as necessary to properly accomplish
5 its functions.
6 (11)(10) METROPOLITAN PLANNING ORGANIZATION ADVISORY
7 COUNCIL.--
8 (a) A Metropolitan Planning Organization Advisory
9 Council is created to augment, and not supplant, the role of
10 the individual M.P.O.'s in the cooperative transportation
11 planning process described in this section.
12 (b) The council shall consist of one representative
13 from each M.P.O. and shall elect a chairperson annually from
14 its number. Each M.P.O. shall also elect an alternate
15 representative from each M.P.O. to vote in the absence of the
16 representative. Members of the council do not receive any
17 compensation for their services, but may be reimbursed from
18 funds made available to council members for travel and per
19 diem expenses incurred in the performance of their council
20 duties as provided in s. 112.061.
21 (c) The powers and duties of the Metropolitan Planning
22 Organization Advisory Council are to:
23 1. Enter into contracts with individuals, private
24 corporations, and public agencies.
25 2. Acquire, own, operate, maintain, sell, or lease
26 personal property essential for the conduct of business.
27 3. Accept funds, grants, assistance, gifts, or
28 bequests from private, local, state, or federal sources.
29 4. Establish bylaws and adopt rules pursuant to ss.
30 120.536(1) and 120.54 to implement provisions of law
31 conferring powers or duties upon it.
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1 5. Assist M.P.O.'s in carrying out the urbanized area
2 transportation planning process by serving as the principal
3 forum for collective policy discussion pursuant to law.
4 6. Serve as a clearinghouse for review and comment by
5 M.P.O.'s on the Florida Transportation Plan and on other
6 issues required to comply with federal or state law in
7 carrying out the urbanized area transportation and systematic
8 planning processes instituted pursuant to s. 339.155.
9 7. Employ an executive director and such other staff
10 as necessary to perform adequately the functions of the
11 council, within budgetary limitations. The executive director
12 and staff are exempt from part II of chapter 110 and serve at
13 the direction and control of the council. The council is
14 assigned to the Office of the Secretary of the Department of
15 Transportation for fiscal and accountability purposes, but it
16 shall otherwise function independently of the control and
17 direction of the department.
18 8. Adopt an agency strategic plan that provides the
19 priority directions the agency will take to carry out its
20 mission within the context of the state comprehensive plan and
21 any other statutory mandates and directions given to the
22 agency.
23 (12)(11) APPLICATION OF FEDERAL LAW.--Upon
24 notification by an agency of the Federal Government that any
25 provision of this section conflicts with federal laws or
26 regulations, such federal laws or regulations will take
27 precedence to the extent of the conflict until such conflict
28 is resolved. The department or an M.P.O. may take any
29 necessary action to comply with such federal laws and
30 regulations or to continue to remain eligible to receive
31 federal funds.
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1 (13)(12) VOTING REQUIREMENTS.--Each long-range
2 transportation plan required pursuant to subsection (7) (6),
3 each annually updated Transportation Improvement Program
4 required under subsection (8) (7), and each amendment that
5 affects projects in the first 3 years of such plans and
6 programs must be approved by each M.P.O. on a recorded roll
7 call vote, or hand-counted vote, of a majority of the
8 membership present.
9 Section 19. Subsection (2) of section 339.2819,
10 Florida Statutes, is amended to read:
11 339.2819 Transportation Regional Incentive Program.--
12 (2) The percentage of matching funds provided from the
13 Transportation Regional Incentive Program shall be 50 percent
14 of project costs, or up to 50 percent of the nonfederal share
15 of the eligible project cost for a public transportation
16 facility project.
17 Section 20. Section 339.282, Florida Statutes, is
18 created to read:
19 339.282 Transportation concurrency incentives.--The
20 Legislature finds that allowing private-sector entities to
21 finance, construct, and improve public transportation
22 facilities can provide significant benefits to the citizens of
23 this state by facilitating transportation of the general
24 public without the need for additional public tax revenues. In
25 order to encourage the more efficient and proactive provision
26 of transportation improvements by the private sector, if a
27 developer or property owner voluntarily contributes
28 right-of-way and physically constructs or expands a state
29 transportation facility or segment, and such construction or
30 expansion improves traffic flow, capacity, or safety, the
31 voluntary contribution may be applied as a credit for that
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1 property owner or developer against any future transportation
2 concurrency requirements pursuant to chapter 163, provided
3 such contributions and credits are set forth in a legally
4 binding agreement executed by the property owner or developer,
5 the local government of the jurisdiction in which the facility
6 is located, and the department. If the developer or property
7 owner voluntarily contributes right-of-way and physically
8 constructs or expands a local government facility or segment
9 and such construction or expansion meets the requirements in
10 this section and is set forth in a legally binding agreement
11 between the property owner or developer and the applicable
12 local government, the contribution to the local government
13 collector and the arterial system may be applied as credit
14 against any future transportation concurrency requirements
15 within the jurisdiction under chapter 163.
16 Section 21. Paragraph (a) of subsection (2) of section
17 343.81, Florida Statutes, is amended to read:
18 343.81 Northwest Florida Transportation Corridor
19 Authority.--
20 (2)(a) The governing body of the authority shall
21 consist of eight voting members, one each from Escambia, Santa
22 Rosa, Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla
23 Counties, appointed by the Governor to a 4-year term. The
24 appointees shall be residents of their respective counties and
25 may not hold an elected office. Upon the effective date of his
26 or her appointment, or as soon thereafter as practicable, each
27 appointed member of the authority shall enter upon his or her
28 duties. Each appointed member shall hold office until his or
29 her successor has been appointed and has qualified. A vacancy
30 occurring during a term shall be filled only for the balance
31 of the unexpired term. Any member of the authority shall be
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1 eligible for reappointment. Members of the authority may be
2 removed from office by the Governor for misconduct,
3 malfeasance, misfeasance, or nonfeasance in office.
4 Section 22. The amendments made by this act to s.
5 343.81, Florida Statutes, prohibiting the appointment of a
6 person holding an elected office to the Northwest Florida
7 Transportation Corridor Authority shall not prohibit any
8 member appointed prior to the effective date of this act from
9 completing his or her current term, and the prohibition shall
10 only apply to members appointed after the effective date of
11 this act.
12 Section 23. Subsection (2) of section 343.82, Florida
13 Statutes, is amended to read:
14 343.82 Purposes and powers.--
15 (2)(a) The authority is authorized to construct any
16 feeder roads, reliever roads, connector roads, bypasses, or
17 appurtenant facilities that are intended to improve mobility
18 along the U.S. 98 corridor. The transportation improvement
19 projects may also include all necessary approaches, roads,
20 bridges, and avenues of access that are desirable and proper
21 with the concurrence, where applicable, of the department if
22 the project is to be part of the State Highway System or the
23 respective county or municipal governing boards. Any
24 transportation facilities constructed by the authority may be
25 tolled.
26 (b) Notwithstanding any special act to the contrary,
27 the authority shall plan for and study the feasibility of
28 constructing, operating, and maintaining a bridge or bridges
29 spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
30 access roads to such bridge or bridges, including studying the
31 environmental and economic feasibility of such bridge or
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1 bridges and access roads, and such other transportation
2 facilities that become part of such bridge system. The
3 authority may construct, operate, and maintain the bridge
4 system if the authority determines that the bridge system
5 project is feasible and consistent with the authority's
6 primary purpose and master plan.
7 Section 24. Subsection (9) of section 348.0004,
8 Florida Statutes, is amended to read:
9 348.0004 Purposes and powers.--
10 (9) The Legislature declares that there is a public
11 need for rapid construction of safe and efficient
12 transportation facilities for travel within the state and that
13 it is in the public's interest to provide for public-private
14 partnership agreements to effectuate the construction of
15 additional safe, convenient, and economical transportation
16 facilities.
17 (a) Notwithstanding any other provision of the Florida
18 Expressway Authority Act, any expressway authority,
19 transportation authority, bridge authority, or toll authority
20 established under this part or any other statute may receive
21 or solicit proposals and enter into agreements with private
22 entities, or consortia thereof, for the building, operation,
23 ownership, or financing of expressway authority transportation
24 facilities or new transportation facilities within the
25 jurisdiction of the expressway authority. An expressway
26 authority is authorized to adopt rules to implement this
27 subsection and shall, by rule, establish an application fee
28 for the submission of unsolicited proposals under this
29 subsection. The fee must be sufficient to pay the costs of
30 evaluating the proposals. An expressway authority may engage
31 private consultants to assist in the evaluation. Before
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1 approval, an expressway authority must determine that a
2 proposed project:
3 1. Is in the public's best interest.
4 2. Would not require state funds to be used unless the
5 project is on or provides increased mobility on the State
6 Highway System.
7 3. Would have adequate safeguards to ensure that no
8 additional costs or service disruptions would be realized by
9 the traveling public and residents citizens of the state in
10 the event of default or the cancellation of the agreement by
11 the expressway authority.
12 (b) An expressway authority shall ensure that all
13 reasonable costs to the state which are, related to
14 transportation facilities that are not part of the State
15 Highway System, are borne by the private entity. An expressway
16 authority shall also ensure that all reasonable costs to the
17 state and substantially affected local governments and
18 utilities related to the private transportation facility are
19 borne by the private entity for transportation facilities that
20 are owned by private entities. For projects on the State
21 Highway System, the department may use state resources to
22 participate in funding and financing the project as provided
23 for under the department's enabling legislation.
24 (c) The expressway authority may request proposals for
25 public-private transportation projects or, if it receives an
26 unsolicited proposal, it must publish a notice in the Florida
27 Administrative Weekly and a newspaper of general circulation
28 in the county in which it is located at least once a week for
29 2 weeks, stating that it has received the proposal and will
30 accept, for 60 days after the initial date of publication,
31 other proposals for the same project purpose. A copy of the
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1 notice must be mailed to each local government in the affected
2 areas. After the public notification period has expired, the
3 expressway authority shall rank the proposals in order of
4 preference. In ranking the proposals, the expressway authority
5 shall consider professional qualifications, general business
6 terms, innovative engineering or cost-reduction terms, finance
7 plans, and the need for state funds to deliver the proposal.
8 If the expressway authority is not satisfied with the results
9 of the negotiations, it may, at its sole discretion, terminate
10 negotiations with the proposer. If these negotiations are
11 unsuccessful, the expressway authority may go to the second
12 and lower-ranked firms, in order, using the same procedure. If
13 only one proposal is received, the expressway authority may
14 negotiate in good faith, and if it is not satisfied with the
15 results, it may, at its sole discretion, terminate
16 negotiations with the proposer. Notwithstanding this
17 paragraph, the expressway authority may, at its discretion,
18 reject all proposals at any point in the process up to
19 completion of a contract with the proposer.
20 (d) The department may lend funds from the Toll
21 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
22 public-private partnerships. To be eligible, a private entity
23 must comply with s. 338.251 and must provide an indication
24 from a nationally recognized rating agency that the senior
25 bonds for the project will be investment grade or must provide
26 credit support, such as a letter of credit or other means
27 acceptable to the department, to ensure that the loans will be
28 fully repaid.
29 (e) Agreements entered into pursuant to this
30 subsection may authorize the public-private entity to impose
31 tolls or fares for the use of the facility. However, the
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1 amount and use of toll or fare revenues shall be regulated by
2 the expressway authority to avoid unreasonable costs to users
3 of the facility.
4 (f) Each public-private transportation facility
5 constructed pursuant to this subsection shall comply with all
6 requirements of federal, state, and local laws; state,
7 regional, and local comprehensive plans; the expressway
8 authority's rules, policies, procedures, and standards for
9 transportation facilities; and any other conditions that the
10 expressway authority determines to be in the public's best
11 interest.
12 (g) An expressway authority may exercise any power
13 possessed by it, including eminent domain, to facilitate the
14 development and construction of transportation projects
15 pursuant to this subsection. An expressway authority may pay
16 all or part of the cost of operating and maintaining the
17 facility or may provide services to the private entity for
18 which it receives full or partial reimbursement for services
19 rendered.
20 (h) Except as herein provided, this subsection is not
21 intended to amend existing laws by granting additional powers
22 to or further restricting the governmental entities from
23 regulating and entering into cooperative arrangements with the
24 private sector for the planning, construction, and operation
25 of transportation facilities. Use of the powers granted in
26 this subsection may not subject a statutorily created
27 expressway authority, transportation authority, bridge
28 authority, or toll authority, other than one statutorily
29 created under this part, to any of the requirements of this
30 part other than those contained in this subsection.
31
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1 Section 25. Section 348.0012, Florida Statutes, is
2 amended to read:
3 348.0012 Exemptions from applicability.--The Florida
4 Expressway Authority Act does not apply:
5 (1) In a county in which an expressway authority has
6 been created pursuant to parts II-IX of this chapter, except
7 as expressly provided in this part; or
8 (2) To a transportation authority created pursuant to
9 chapter 349.
10 Section 26. Subsection (6) is added to section
11 348.754, Florida Statutes, to read:
12 348.754 Purposes and powers.--
13 (6)(a) Notwithstanding s. 255.05, the Orlando-Orange
14 County Expressway Authority may waive payment and performance
15 bonds on construction contracts for the construction of a
16 public building, for the prosecution and completion of a
17 public work, or for repairs on a public building or public
18 work that has a cost of $500,000 or less and when the project
19 is awarded pursuant to an economic development program for the
20 encouragement of local small businesses that has been adopted
21 by the governing body of the Orlando-Orange County Expressway
22 Authority pursuant to a resolution or policy.
23 (b) The authority's adopted criteria for participation
24 in the economic development program for local small businesses
25 requires that a participant:
26 1. Be an independent business.
27 2. Be principally domiciled in the Orange County
28 Standard Metropolitan Statistical Area.
29 3. Employ 25 or fewer full-time employees.
30
31
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1 4. Have gross annual sales averaging $3 million or
2 less over the immediately preceding 3 calendar years with
3 regard to any construction element of the program.
4 5. Be accepted as a participant in the Orlando-Orange
5 County Expressway Authority's microcontracts program or such
6 other small business program as may be hereinafter enacted by
7 the Orlando-Orange County Expressway Authority.
8 6. Participate in an educational curriculum or
9 technical assistance program for business development that
10 will assist the small business in becoming eligible for
11 bonding.
12 (c) The authority's adopted procedures for waiving
13 payment and performance bonds on projects with values not less
14 than $200,000 and not exceeding $500,000 shall provide that
15 payment and performance bonds may only be waived on projects
16 that have been set aside to be competitively bid on by
17 participants in an economic development program for local
18 small businesses. The authority's executive director or his or
19 her designee shall determine whether specific construction
20 projects are suitable for:
21 1. Bidding under the authority's microcontracts
22 program by registered local small businesses; and
23 2. Waiver of the payment and performance bond.
24
25 The decision of the authority's executive director or deputy
26 executive director to waive the payment and performance bond
27 shall be based upon his or her investigation and conclusion
28 that there exists sufficient competition so that the authority
29 receives a fair price and does not undertake any unusual risk
30 with respect to such project.
31
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1 (d) For any contract for which a payment and
2 performance bond has been waived pursuant to the authority set
3 forth in this section, the Orlando-Orange County Expressway
4 Authority shall pay all persons defined in s. 713.01 who
5 furnish labor, services, or materials for the prosecution of
6 the work provided for in the contract to the same extent and
7 upon the same conditions that a surety on the payment bond
8 under s. 255.05 would have been obligated to pay such persons
9 if the payment and performance bond had not been waived. The
10 authority shall record notice of this obligation in the manner
11 and location that surety bonds are recorded. The notice shall
12 include the information describing the contract that s.
13 255.05(1) requires be stated on the front page of the bond.
14 Notwithstanding that s. 255.05(9) generally applies when a
15 performance and payment bond is required, s. 255.05(9) shall
16 apply under this subsection to any contract on which
17 performance or payment bonds are waived and any claim to
18 payment under this subsection shall be treated as a contract
19 claim pursuant to s. 255.05(9).
20 (e) A small business that has been the successful
21 bidder on six projects for which the payment and performance
22 bond was waived by the authority pursuant to paragraph (a)
23 shall be ineligible to bid on additional projects for which
24 the payment and performance bond is to be waived. The local
25 small business may continue to participate in other elements
26 of the economic development program for local small businesses
27 as long as it is eligible.
28 (f) The authority shall conduct bond eligibility
29 training for businesses qualifying for bond waiver under this
30 subsection to encourage and promote bond eligibility for such
31 businesses.
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1 (g) The authority shall prepare a biennial report on
2 the activities undertaken pursuant to this subsection to be
3 submitted to the Orange County legislative delegation. The
4 initial report shall be due December 31, 2008.
5 Section 27. Paragraph (a) of subsection (3) of section
6 163.3177, Florida Statutes, is amended to read:
7 163.3177 Required and optional elements of
8 comprehensive plan; studies and surveys.--
9 (3)(a) The comprehensive plan shall contain a capital
10 improvements element designed to consider the need for and the
11 location of public facilities in order to encourage the
12 efficient utilization of such facilities and set forth:
13 1. A component which outlines principles for
14 construction, extension, or increase in capacity of public
15 facilities, as well as a component which outlines principles
16 for correcting existing public facility deficiencies, which
17 are necessary to implement the comprehensive plan. The
18 components shall cover at least a 5-year period.
19 2. Estimated public facility costs, including a
20 delineation of when facilities will be needed, the general
21 location of the facilities, and projected revenue sources to
22 fund the facilities.
23 3. Standards to ensure the availability of public
24 facilities and the adequacy of those facilities including
25 acceptable levels of service.
26 4. Standards for the management of debt.
27 5. A schedule of capital improvements which includes
28 publicly funded projects, and which may include privately
29 funded projects for which the local government has no fiscal
30 responsibility, necessary to ensure that adopted
31 level-of-service standards are achieved and maintained. For
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1 capital improvements that will be funded by the developer,
2 financial feasibility shall be demonstrated by being
3 guaranteed in an enforceable development agreement or
4 interlocal agreement pursuant to paragraph (10)(h), or other
5 enforceable agreement. These development agreements and
6 interlocal agreements shall be reflected in the schedule of
7 capital improvements if the capital improvement is necessary
8 to serve development within the 5-year schedule. If the local
9 government uses planned revenue sources that require referenda
10 or other actions to secure the revenue source, the plan must,
11 in the event the referenda are not passed or actions do not
12 secure the planned revenue source, identify other existing
13 revenue sources that will be used to fund the capital projects
14 or otherwise amend the plan to ensure financial feasibility.
15 6. The schedule must include transportation
16 improvements included in the applicable metropolitan planning
17 organization's transportation improvement program adopted
18 pursuant to s. 339.175(8)(7) to the extent that such
19 improvements are relied upon to ensure concurrency and
20 financial feasibility. The schedule must also be coordinated
21 with the applicable metropolitan planning organization's
22 long-range transportation plan adopted pursuant to s.
23 339.175(7)(6).
24 Section 28. Section 339.176, Florida Statutes, is
25 amended to read:
26 339.176 Voting membership for M.P.O. with boundaries
27 including certain counties.--In addition to the voting
28 membership established by s. 339.175(3)(2) and notwithstanding
29 any other provision of law to the contrary, the voting
30 membership of any Metropolitan Planning Organization whose
31 geographical boundaries include any county as defined in s.
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1 125.011(1) must include an additional voting member appointed
2 by that city's governing body for each city with a population
3 of 50,000 or more residents.
4 Section 29. Subsection (1) of section 341.828, Florida
5 Statutes, is amended to read:
6 341.828 Permitting.--
7 (1) The authority, for the purposes of permitting, may
8 utilize one or more permitting processes provided for in
9 statute, including, but not limited to, the metropolitan
10 planning organization long-range transportation planning
11 process as defined in s. 339.175(6) and (7) and (8), in
12 conjunction with the Department of Transportation's work
13 program process as defined in s. 339.135, or any permitting
14 process now in effect or that may be in effect at the time of
15 permitting and will provide the most timely and cost-effective
16 permitting process.
17 Section 30. Section 2 of chapter 89-383, Laws of
18 Florida, is amended to read:
19 Section 2. Red Road is hereby designated as a state
20 historic highway. No public funds shall be expended for:
21 (1) The removal of any healthy tree which is not a
22 safety hazard.
23 (2) Any alteration of the physical dimensions or
24 location of Red Road, the median strip thereof, the land
25 adjacent thereto, or any part of the original composition of
26 the entranceway, including the towers, the walls, and the
27 lampposts.
28 (3) Any construction on or along Red Road of any new
29 structure, or any building, clearing, filling, or excavating
30 on or along Red Road except for routine maintenance or
31 alterations, modifications, or improvements to it and the
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1 adjacent right-of-way made for the purpose of enhancing life
2 safety for vehicular or pedestrian use of Red Road if the
3 number of traffic lanes is not altered work which is essential
4 to the health, safety, or welfare of the environment.
5 Section 31. This act shall take effect July 1, 2007.
6
7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 1928
9
10 The CS removed revisions to FDOT District Secretary
qualifications and added new sections:
11
-- doubling the dollar thresholds at which certain
12 construction or road projects must be subject to
competitive bid;
13
-- removing the once-per-year limitation on the bonding of
14 local infrastructure surtax revenues by counties;
15 -- creating a new section of statute allowing property
owners and developers to apply donations of right-of-way
16 or road improvements to future transportation concurrency
requirements through legally binding contracts.
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