CS/CS/HB 985

1	A bill to be entitled
2	An act relating to transportation and infrastructure;
3	amending s. 20.23, F.S.; providing that the salary and
4	benefits of the executive director of the Florida
5	Transportation Commission shall be set in accordance with
6	the Senior Management Service; amending s. 112.061, F.S.;
7	authorizing metropolitan planning organizations and
8	certain separate entities to establish per diem and travel
9	reimbursement rates; amending s. 120.52, F.S.; excluding
10	expressway authorities under ch. 349, F.S., from the
11	definition of the term "agency" for certain purposes;
12	amending s. 349.03, F.S.; revising provisions for officers
13	and employees of the Jacksonville Transportation
14	Authority; amending s. 349.04, F.S.; providing for the
15	adoption of rules by the Jacksonville Transportation
16	Authority for certain purposes; amending s. 121.021, F.S.;
17	defining the term "metropolitan planning organization" for
18	purposes of the Florida Retirement System Act; revising
19	definitions to include M.P.O.'s and positions in M.P.O.'s;
20	amending s. 121.051, F.S.; providing for M.P.O.'s to
21	participate in the Florida Retirement System; amending s.
22	121.055, F.S.; requiring certain M.P.O. staff positions to
23	be in the Senior Management Service Class; amending s.
24	121.061, F.S.; providing for enforcement of certain
25	employer funding contributions required under the Florida
26	Retirement System; authorizing deductions of amounts owed
27	from certain funds distributed to an M.P.O.; authorizing
28	the governing body of an M.P.O. to file and maintain an
29	action in court to require an employer to remit retirement
30	or social security member contributions or employer
31	matching payments; amending s. 121.081, F.S.; providing
32	for M.P.O. officers and staff to claim credit for past
33	service for retirement benefits; amending s. 212.055,
34	F.S.; deleting a prohibition against local governments
35	issuing certain bonds secured by revenues from local
36	infrastructure taxes more than once a year; amending s.
37	215.615, F.S.; revising the Department of Transportation's
38	requirement to share certain costs of fixed-guideway
39	system projects; revising criteria for an interlocal
40	agreement to establish bond financing for fixed-guideway
41	system projects; revising provisions for sources of funds
42	for the payment of bonds; amending s. 316.2123, F.S.;
43	authorizing a county to designate certain unpaved roadways
44	where an ATV may be operated; providing conditions for
45	such operation; amending s. 316.605, F.S.; providing
46	height and placement requirements for vehicle license
47	plates; prohibiting display that obscures identification
48	of the letters and numbers on a license plate; providing
49	penalties; amending s. 316.650, F.S.; revising procedures
50	for disposition of citations issued for failure to pay
51	toll; providing that the citation will not be submitted to
52	the court and no points will be assessed on the driver's
53	license if the person cited elects to make payment
54	directly to the governmental entity that issued the
55	citation; providing for reporting of the citation by the
56	governmental entity to the Department of Highway Safety
57	and Motor Vehicles; amending s. 318.14, F.S.; providing
58	for the amount required to be paid under certain
59	procedures for disposition of a citation issued for
60	failure to pay toll; providing for the person cited to
61	request a court hearing; amending s. 318.18, F.S.;
62	revising penalties for failure to pay a prescribed toll;
63	providing for disposition of amounts received by the clerk
64	of court; removing procedures for withholding of
65	adjudication; providing for suspension of a driver's
66	license under certain circumstances; revising authorized
67	uses of revenue received by a county from a certain
68	surcharge; revising penalty provisions to provide for
69	certain criminal penalties; imposing a surcharge to be
70	paid for specified traffic-related criminal offenses and
71	all moving traffic violations; providing for distribution
72	of the proceeds of the surcharge to be used for the state
73	agency law enforcement radio system; providing for future
74	expiration; amending s. 318.21, F.S.; revising
75	distribution provisions to provide for distribution of the
76	surcharge; providing for future expiration; amending s.
77	320.061, F.S.; prohibiting interfering with the
78	legibility, angular visibility, or detectability of any
79	feature or detail on a license plate or interfering with
80	the ability to photograph or otherwise record any feature
81	or detail on a license plate; providing penalties;
82	amending s. 332.007, F.S.; authorizing the Department of
83	Transportation to provide funds for certain general
84	aviation projects under certain circumstances; extending
85	the timeframe that the department is authorized to provide
86	operational and maintenance assistance to certain airports
87	and may redirect the use of certain funds to security-
88	related or economic-impact projects related to the events
89	of September 11, 2001; amending s. 332.14, F.S.; providing
90	that certain members of the Secure Airports for Florida's
91	Economy Council shall be nonvoting members; authorizing
92	certain members to overrule certain actions of the
93	council; amending s. 336.025, F.S.; deleting a prohibition
94	against local governments issuing certain bonds secured by
95	revenues from local option fuel taxes more than once a
96	year; amending s. 336.41, F.S.; revising an exception to
97	competitive-bid requirements for certain county road
98	construction and reconstruction projects; increasing the
99	value threshold under which the exception applies;
100	defining the term "construction aggregate materials";
101	providing legislative intent; prohibiting a local
102	government from approving or denying a land use zoning
103	change, comprehensive plan amendment, land use permit,
104	ordinance, or order regarding construction aggregate
105	materials without considering information provided by the
106	Department of Transportation and considering the effect of
107	such decision; prohibiting an agency from imposing a
108	moratorium on the mining and extraction of construction
109	aggregate materials of longer than a specified period;
110	providing that limerock environmental resource permitting
111	and reclamation applications are eligible to be expedited;
112	establishing the Strategic Aggregates Review Task Force;
113	providing for membership, staffing, reporting, and
114	expiration; providing for support and the coordination of
115	data and information for the task force; requiring that
116	the task force report its findings to the Governor and the
117	Legislature; providing report requirements; providing for
118	the dissolution of the task force; creating s. 337.026,
119	F.S.; authorizing the Department of Transportation to
120	pursue innovative contractual or engineering techniques
121	relating to construction aggregate materials; authorizing
122	the department to enter into agreements for construction
123	aggregate materials; providing exceptions; providing
124	requirements for such exceptions; amending s. 337.11,
125	F.S.; providing that certain construction projects be
126	advertised for bids in local newspapers; amending s.
127	337.14, F.S.; authorizing the department to waive
128	specified prequalification requirements for certain
129	transportation projects under certain conditions; amending
130	s. 337.18, F.S.; revising surety bond requirements for
131	construction or maintenance contracts; providing for
132	incremental annual surety bonds for multiyear maintenance
133	contracts under certain conditions; revising the threshold
134	for transportation projects eligible for a waiver of
135	surety bond requirements; authorizing the department to
136	provide for phased surety bond coverage or an alternate
137	means of security for a portion of the contract amount in
138	lieu of the surety bond; amending s. 338.161, F.S.;
139	providing for the Department of Transportation and certain
140	toll agencies to enter into agreements with public or
141	private entities for additional uses of electronic toll
142	collection products and services; authorizing feasibility
143	studies by the department or a toll agency of additional
144	uses of electronic toll devices for legislative
145	consideration; amending s. 338.2275, F.S.; raising the
146	limit on outstanding bonds to fund turnpike projects;
147	removing a provision authorizing the department to acquire
148	the Sawgrass Expressway from the Broward County Expressway
149	Authority; amending s. 338.231, F.S.; authorizing the
150	department to set certain fees for the collection of
151	unpaid tolls; requiring public notice and public hearing
152	of the proposed fees; extending the timeframe for
153	application of requirement that the department program in
154	the tentative work program certain funds relative to the
155	share of toll collections attributable to users of the
156	turnpike system in certain areas; removing a reference to
157	conform; amending s. 339.135, F.S.; requiring the
158	department to notify certain local government officials of
159	certain proposed amendments to its adopted work program;
160	providing for comments from the local government that
161	would be affected by the amendment; providing procedures
162	for approval of the amendment; amending s. 339.175, F.S.;
163	revising intent; providing the method of creation and
164	operation of M.P.O.'s required to be designated pursuant
165	to federal law; specifying that an M.P.O. is separate from
166	the state or the governing body of a local government that
167	is represented on the governing board of the M.P.O. or
168	that is a signatory to the interlocal agreement creating
169	the M.P.O.; providing specified powers and privileges to
170	the M.P.O.; providing for the designation and duties of
171	certain officials; revising requirements for voting
172	membership; defining the term "elected officials of a
173	general-purpose local government" to exclude certain
174	constitutional officers for voting membership purposes;
175	providing for the appointment of alternates and advisers;
176	providing that members of an M.P.O. technical advisory
177	committee shall serve at the pleasure of the M.P.O.;
178	providing for the appointment of an executive or staff
179	director and other personnel; authorizing an M.P.O. to
180	enter into contracts with public or private entities to
181	accomplish its duties and functions; providing for the
182	training of certain persons who serve on an M.P.O. for
183	certain purposes; requiring that certain plans, programs,
184	and amendments that affect projects be approved by each
185	M.P.O. on a recorded roll call vote, or hand-counted vote,
186	of a majority of the membership present; amending s.
187	339.2819, F.S.; revising the share of matching funds for a
188	public transportation project provided from the
189	Transportation Regional Incentive Program; creating s.
190	339.282, F.S.; providing for certain transportation-
191	related contributions by a property owner or developer to
192	be applied toward future transportation concurrency
193	requirements; amending s. 339.55, F.S.; providing for the
194	use of State Infrastructure Bank loans for certain damaged
195	transportation facilities in areas officially declared to
196	be in a state of emergency; providing criteria; amending
197	s. 339.63, F.S.; providing criteria for Strategic
198	Intermodal System designations; amending s. 341.071, F.S.;
199	requiring an annual report by certain public transit
200	providers to be submitted by a certain date and to address
201	certain potential productivity and performance
202	enhancements; amending s. 343.81, F.S.; prohibiting
203	elected officials from serving on the Northwest Florida
204	Transportation Corridor Authority; providing for
205	application of the prohibition to apply to persons
206	appointed to serve on the authority after a certain date;
207	amending s. 343.82, F.S.; directing the authority to plan
208	for and study the feasibility of constructing, operating,
209	and maintaining a bridge or bridges, and appurtenant
210	structures, spanning Choctawhatchee Bay or Santa Rosa
211	Sound; authorizing the authority to construct, operate,
212	and maintain said bridges and structures; amending s.
213	348.0004, F.S.; authorizing certain transportation-related
214	authorities to enter into agreements with private entities
215	for the building, operation, ownership, or financing of
216	transportation facilities; amending s. 348.0012, F.S.;
217	revising provisions for certain exemptions from the
218	Florida Expressway Authority Act; amending s. 348.243,
219	F.S.; correcting a cross-reference; amending s. 348.754,
220	F.S.; authorizing the Orlando-Orange County Expressway
221	Authority to waive payment and performance bonds on
222	certain construction contracts if the contract is awarded
223	pursuant to an economic development program for the
224	encouragement of local small businesses; providing
225	criteria for participation in the program; providing
226	criteria for the bond waiver; providing for certain
227	determinations by the authority's executive director or a
228	designee as to the suitability of a project; providing for
229	certain payment obligations if a payment and performance
230	bond is waived; requiring the authority to record notice
231	of the obligation; limiting eligibility to bid on the
232	projects; providing for the authority to conduct bond
233	eligibility training for certain businesses; requiring the
234	authority to submit biennial reports to the Orange County
235	legislative delegation; amending ss. 163.3177, 339.176,
236	and 341.828, F.S.; correcting cross-references; amending
237	s. 334.30, F.S.; revising legislative intent; authorizing
238	the Department of Transportation to advance certain
239	projects in the Strategic Intermodal System Plan using
240	funds provided by public-private partnerships or private
241	entities; authorizing the department to lease toll
242	facilities to private entities; providing criteria for
243	such leasing agreements; providing that procurements of
244	public-private partnerships are not subject to specified
245	provisions unless they are part of the procurement
246	agreement or the public-private agreement; extending the
247	unsolicited private proposal advertisement period;
248	providing criteria for qualification of public-private
249	partnerships as part of the procurement process; requiring
250	the department to perform cost-benefit, value-for-money
251	analyses of the proposed public-private partnership;
252	providing for certain innovative financing techniques for
253	public-private partnerships; authorizing the department to
254	enter into public-private partnership agreements that
255	include extended terms under certain conditions; requiring
256	certain projects to be prioritized for selection;
257	providing public-private partnership agreement term
258	limits; limiting the amount of certain funds that may be
259	obligated for public-private projects; providing for the
260	disposition of certain toll revenues; removing a provision
261	for the speed of a certain fixed-guideway transportation
262	system; amending s. 338.165, F.S.; providing for toll rate
263	increases that are tied to certain inflation indicators;
264	providing for increases beyond inflation amounts; amending
265	s. 348.0003, F.S.; revising provisions relating to
266	membership of the governing bodies of specified expressway
267	authorities; providing for termination of the existing
268	governing bodies of such authorities and creation of new
269	governing bodies; providing for membership and terms of
270	office; revising members' financial disclosure
271	requirements; amending s. 348.0004, F.S.; prohibiting
272	specified expressway authorities from contracting with
273	lobbyists; amending s. 479.01, F.S.; defining the term
274	"wall mural"; creating s. 479.156, F.S.; providing for
275	regulation of wall murals by municipalities or counties;
276	requiring that certain wall murals be located in areas
277	zoned for industrial or commercial use; requiring local
278	regulation of wall murals to be consistent with specified
279	criteria; requiring certain wall murals to be approved the
280	Department of Transportation and the Federal Highway
281	Administration; providing that wall murals shall not be
282	considered when determining specified requirements of new
283	or existing signs; amending s. 2 of ch. 89-383, Laws of
284	Florida; providing for certain alterations to and along
285	Red Road in Miami-Dade County for transportation safety
286	purposes; directing the Department of Transportation to
287	conduct a study on the access roads to pari-mutuel
288	facilities and Indian reservation lands where gaming
289	activities occur; providing for the content of the study;
290	requiring a report to the Governor and the Legislature;
291	creating s. 163.3182, F.S.; providing for the creation of
292	transportation concurrency backlog authorities; providing
293	definitions; providing powers and responsibilities of such
294	authorities; providing for transportation concurrency
295	backlog plans; providing for the issuance of revenue bonds
296	for certain purposes; providing for the establishment of a
297	local trust fund within each county or municipality with
298	an identified transportation concurrency backlog;
299	providing exemptions from transportation concurrency
300	requirements; providing for the satisfaction of
301	concurrency requirements; providing for dissolution of
302	transportation concurrency backlog authorities; providing
303	an effective date.
304
305	Be It Enacted by the Legislature of the State of Florida:
306
307	Section 1.  Paragraph (h) of subsection (2) of section
308	20.23, Florida Statutes, is amended to read:
309	20.23  Department of Transportation.--There is created a
310	Department of Transportation which shall be a decentralized
311	agency.
312	(2)
313	(h)  The commission shall appoint an executive director and
314	assistant executive director, who shall serve under the
315	direction, supervision, and control of the commission. The
316	executive director, with the consent of the commission, shall
317	employ such staff as are necessary to perform adequately the
318	functions of the commission, within budgetary limitations. All
319	employees of the commission are exempt from part II of chapter
320	110 and shall serve at the pleasure of the commission. The
321	salaries and benefits of all employees of the commission, except
322	for the executive director, shall be set in accordance with the
323	Selected Exempt Service; provided, however, that the salary and
324	benefits of the executive director shall be set in accordance
325	with the Senior Management Service. The commission shall have
326	complete authority for fixing the salary of the executive
327	director and assistant executive director.
328	Section 2.  Subsection (14) of section 112.061, Florida
329	Statutes, is amended to read:
330	112.061  Per diem and travel expenses of public officers,
331	employees, and authorized persons.--
332	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
333	SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
334	ORGANIZATIONS.--
335	(a)  The following entities may establish rates that vary
336	from the per diem rate provided in paragraph (6)(a), the
337	subsistence rates provided in paragraph (6)(b), or the mileage
338	rate provided in paragraph (7)(d) if those rates are not less
339	than the statutorily established rates that are in effect for
340	the 2005-2006 fiscal year:
341	1.  The governing body of a county by the enactment of an
342	ordinance or resolution;
343	2.  A county constitutional officer, pursuant to s. 1(d),
344	Art. VIII of the State Constitution, by the establishment of
345	written policy;
346	3.  The governing body of a district school board by the
347	adoption of rules; or
348	4.  The governing body of a special district, as defined in
349	s. 189.403(1), except those special districts that are subject
350	to s. 166.021(10), by the enactment of a resolution; or
351	5.  Any metropolitan planning organization created pursuant
352	to s. 339.175 or any other separate legal or administrative
353	entity created pursuant to s. 339.175 of which a metropolitan
354	planning organization is a member, by the enactment of a
355	resolution.
356	(b)  Rates established pursuant to paragraph (a) must apply
357	uniformly to all travel by the county, county constitutional
358	officer and entity governed by that officer, district school
359	board, or special district, or metropolitan planning
360	organization.
361	(c)  Except as otherwise provided in this subsection,
362	counties, county constitutional officers and entities governed
363	by those officers, district school boards, and special
364	districts, and metropolitan planning organizations, other than
365	those subject to s. 166.021(10), remain subject to the
366	requirements of this section.
367	Section 3.  Subsection (1) of section 120.52, Florida
368	Statutes, is amended to read:
369	120.52  Definitions.--As used in this act:
370	(1)  "Agency" means:
371	(a)  The Governor in the exercise of all executive powers
372	other than those derived from the constitution.
373	(b)  Each:
374	1.  State officer and state department, and each
375	departmental unit described in s. 20.04.
376	2.  Authority, including a regional water supply authority.
377	3.  Board.
378	4.  Commission, including the Commission on Ethics and the
379	Fish and Wildlife Conservation Commission when acting pursuant
380	to statutory authority derived from the Legislature.
381	5.  Regional planning agency.
382	6.  Multicounty special district with a majority of its
383	governing board comprised of nonelected persons.
384	7.  Educational units.
385	8.  Entity described in chapters 163, 373, 380, and 582 and
386	s. 186.504.
387	(c)  Each other unit of government in the state, including
388	counties and municipalities, to the extent they are expressly
389	made subject to this act by general or special law or existing
390	judicial decisions.
391
392	This definition does not include any legal entity or agency
393	created in whole or in part pursuant to chapter 361, part II,
394	any metropolitan planning organization created pursuant to s.
395	339.175, any separate legal or administrative entity created
396	pursuant to s. 339.175 of which a metropolitan planning
397	organization is a member, an expressway authority pursuant to
398	chapter 348 or transportation authority under chapter 349, any
399	legal or administrative entity created by an interlocal
400	agreement pursuant to s. 163.01(7), unless any party to such
401	agreement is otherwise an agency as defined in this subsection,
402	or any multicounty special district with a majority of its
403	governing board comprised of elected persons; however, this
404	definition shall include a regional water supply authority.
405	Section 4.  Subsection (3) of section 349.03, Florida
406	Statutes, is amended to read:
407	349.03  Jacksonville Transportation Authority.--
408	(3)  The terms of appointed members shall be for 4 years
409	deemed to have commenced on June 1 of the year in which they are
410	appointed. Each member shall hold office until a successor has
411	been appointed and has qualified. A vacancy during a term shall
412	be filled by the respective appointing authority only for the
413	balance of the unexpired term. Any member appointed to the
414	authority for two consecutive full terms shall not be eligible
415	for appointment to the next succeeding term. One of the members
416	so appointed shall be designated annually by the members as
417	chair of the authority, one member shall be designated annually
418	as the vice chair of the authority, one member shall be
419	designated annually as the secretary of the authority, and one
420	member shall be designated annually as the treasurer of the
421	authority. The members of the authority shall not be entitled to
422	compensation, but shall be reimbursed for travel expenses or
423	other expenses actually incurred in their duties as provided by
424	law. Four voting members of the authority shall constitute a
425	quorum, and no resolution adopted by the authority shall become
426	effective unless with the affirmative vote of at least four
427	members. The authority shall may employ an executive director,
428	and the executive director may hire such staff, permanent or
429	temporary, as he or she may determine and may organize the staff
430	of the authority into such departments and units as he or she
431	may determine divisions as it deems necessary. The executive
432	director It may appoint department directors, deputy directors,
433	division chiefs, and staff assistants to the executive director,
434	as he or she may determine. In so appointing the executive
435	director, the authority may fix the compensation of such
436	appointee those appointees, who shall serve at the pleasure of
437	the authority. All employees of the authority shall be exempt
438	from the provisions of part II of chapter 110. The authority may
439	employ such financial advisers and consultants, technical
440	experts, engineers, and agents and employees, permanent or
441	temporary, as it may require and may fix the compensation and
442	qualifications of such persons, firms, or corporations. The
443	authority may delegate to one or more of its agents or employees
444	such of its powers as it shall deem necessary to carry out the
445	purposes of this chapter, subject always to the supervision and
446	control of the governing body of the authority.
447	Section 5.  Paragraph (n) is added to subsection (2) of
448	section 349.04, Florida Statutes, to read:
449	349.04  Purposes and powers.--
450	(2)  The authority is hereby granted, and shall have and
451	may exercise all powers necessary, appurtenant, convenient, or
452	incidental to the carrying out of the aforesaid purposes,
453	including, but without being limited to, the right and power:
454	(n)  To adopt rules to carry out the powers and obligations
455	herein granted, which set forth a purpose, necessary
456	definitions, forms, general conditions and procedures, and fines
457	and penalties, including, without limitation, suspension or
458	debarment, and charges for nonperformance, with respect to any
459	aspect of the work or function of the authority for the
460	permitting, planning, funding, design, acquisition,
461	construction, equipping, operation, and maintenance of
462	transportation facilities, transit and highway, within the
463	state, provided or operated by the authority or others in
464	cooperation with or at the direction of the authority, and for
465	carrying out all other purposes of the authority set forth or
466	authorized in this chapter.
467	Section 6.  Subsection (11), paragraph (a) of subsection
468	(42), and paragraph (b) of subsection (52) of section 121.021,
469	Florida Statutes, are amended, and subsection (62) is added to
470	that section, to read:
471	121.021  Definitions.--The following words and phrases as
472	used in this chapter have the respective meanings set forth
473	unless a different meaning is plainly required by the context:
474	(11)  "Officer or employee" means any person receiving
475	salary payments for work performed in a regularly established
476	position and, if employed by a city, a metropolitan planning
477	organization, or a special district, employed in a covered
478	group.
479	(42)(a)  "Local agency employer" means the board of county
480	commissioners or other legislative governing body of a county,
481	however styled, including that of a consolidated or metropolitan
482	government; a clerk of the circuit court, sheriff, property
483	appraiser, tax collector, or supervisor of elections, provided
484	such officer is elected or has been appointed to fill a vacancy
485	in an elective office; a community college board of trustees or
486	district school board; or the governing body of any city,
487	metropolitan planning organization created pursuant to s.
488	339.175 or any other separate legal or administrative entity
489	created pursuant to s. 339.175, or special district of the state
490	which participates in the system for the benefit of certain of
491	its employees.
492	(52)  "Regularly established position" is defined as
493	follows:
494	(b)  In a local agency (district school board, county
495	agency, community college, city, metropolitan planning
496	organization, or special district), the term means a regularly
497	established position which will be in existence for a period
498	beyond 6 consecutive months, except as provided by rule.
499	(62)  "Metropolitan planning organization" means an entity
500	created by an interlocal agreement pursuant to s. 339.175 or any
501	other entity created pursuant to s. 339.175.
502	Section 7.  Paragraph (b) of subsection (2) of section
503	121.051, Florida Statutes, is amended to read:
504	121.051  Participation in the system.--
505	(2)  OPTIONAL PARTICIPATION.--
506	(b)1.  The governing body of any municipality, metropolitan
507	planning organization, or special district in the state may
508	elect to participate in the system upon proper application to
509	the administrator and may cover all or any of its units as
510	approved by the Secretary of Health and Human Services and the
511	administrator. The department shall adopt rules establishing
512	provisions for the submission of documents necessary for such
513	application. Prior to being approved for participation in the
514	Florida Retirement System, the governing body of any such
515	municipality, metropolitan planning organization, or special
516	district that has a local retirement system shall submit to the
517	administrator a certified financial statement showing the
518	condition of the local retirement system as of a date within 3
519	months prior to the proposed effective date of membership in the
520	Florida Retirement System. The statement must be certified by a
521	recognized accounting firm that is independent of the local
522	retirement system. All required documents necessary for
523	extending Florida Retirement System coverage must be received by
524	the department for consideration at least 15 days prior to the
525	proposed effective date of coverage. If the municipality,
526	metropolitan planning organization, or special district does not
527	comply with this requirement, the department may require that
528	the effective date of coverage be changed.
529	2.  Any city, metropolitan planning organization, or
530	special district that has an existing retirement system covering
531	the employees in the units that are to be brought under the
532	Florida Retirement System may participate only after holding a
533	referendum in which all employees in the affected units have the
534	right to participate. Only those employees electing coverage
535	under the Florida Retirement System by affirmative vote in said
536	referendum shall be eligible for coverage under this chapter,
537	and those not participating or electing not to be covered by the
538	Florida Retirement System shall remain in their present systems
539	and shall not be eligible for coverage under this chapter. After
540	the referendum is held, all future employees shall be compulsory
541	members of the Florida Retirement System.
542	3.  The governing body of any city, metropolitan planning
543	organization, or special district complying with subparagraph 1.
544	may elect to provide, or not provide, benefits based on past
545	service of officers and employees as described in s. 121.081(1).
546	However, if such employer elects to provide past service
547	benefits, such benefits must be provided for all officers and
548	employees of its covered group.
549	4.  Once this election is made and approved it may not be
550	revoked, except pursuant to subparagraphs 5. and 6., and all
551	present officers and employees electing coverage under this
552	chapter and all future officers and employees shall be
553	compulsory members of the Florida Retirement System.
554	5.  Subject to the conditions set forth in subparagraph 6.,
555	the governing body of any hospital licensed under chapter 395
556	which is governed by the board of a special district as defined
557	in s. 189.403(1) or by the board of trustees of a public health
558	trust created under s. 154.07, hereinafter referred to as
559	"hospital district," and which participates in the system, may
560	elect to cease participation in the system with regard to future
561	employees in accordance with the following procedure:
562	a.  No more than 30 days and at least 7 days before
563	adopting a resolution to partially withdraw from the Florida
564	Retirement System and establish an alternative retirement plan
565	for future employees, a public hearing must be held on the
566	proposed withdrawal and proposed alternative plan.
567	b.  From 7 to 15 days before such hearing, notice of intent
568	to withdraw, specifying the time and place of the hearing, must
569	be provided in writing to employees of the hospital district
570	proposing partial withdrawal and must be published in a
571	newspaper of general circulation in the area affected, as
572	provided by ss. 50.011-50.031. Proof of publication of such
573	notice shall be submitted to the Department of Management
574	Services.
575	c.  The governing body of any hospital district seeking to
576	partially withdraw from the system must, before such hearing,
577	have an actuarial report prepared and certified by an enrolled
578	actuary, as defined in s. 112.625(3), illustrating the cost to
579	the hospital district of providing, through the retirement plan
580	that the hospital district is to adopt, benefits for new
581	employees comparable to those provided under the Florida
582	Retirement System.
583	d.  Upon meeting all applicable requirements of this
584	subparagraph, and subject to the conditions set forth in
585	subparagraph 6., partial withdrawal from the system and adoption
586	of the alternative retirement plan may be accomplished by
587	resolution duly adopted by the hospital district board. The
588	hospital district board must provide written notice of such
589	withdrawal to the division by mailing a copy of the resolution
590	to the division, postmarked no later than December 15, 1995. The
591	withdrawal shall take effect January 1, 1996.
592	6.  Following the adoption of a resolution under sub-
593	subparagraph 5.d., all employees of the withdrawing hospital
594	district who were participants in the Florida Retirement System
595	prior to January 1, 1996, shall remain as participants in the
596	system for as long as they are employees of the hospital
597	district, and all rights, duties, and obligations between the
598	hospital district, the system, and the employees shall remain in
599	full force and effect. Any employee who is hired or appointed on
600	or after January 1, 1996, may not participate in the Florida
601	Retirement System, and the withdrawing hospital district shall
602	have no obligation to the system with respect to such employees.
603	Section 8.  Paragraph (l) is added to subsection (1) of
604	section 121.055, Florida Statutes, to read:
605	121.055  Senior Management Service Class.--There is hereby
606	established a separate class of membership within the Florida
607	Retirement System to be known as the "Senior Management Service
608	Class," which shall become effective February 1, 1987.
609	(1)
610	(l)  For each metropolitan planning organization that has
611	opted to become part of the Florida Retirement System,
612	participation in the Senior Management Service Class shall be
613	compulsory for the executive director or staff director of that
614	metropolitan planning organization.
615	Section 9.  Paragraphs (a) and (c) of subsection (2) of
616	section 121.061, Florida Statutes, are amended to read:
617	121.061  Funding.--
618	(2)(a)  Should any employer other than a state employer
619	fail to make the retirement and social security contributions,
620	both member and employer contributions, required by this
621	chapter, then, upon request by the administrator, the Department
622	of Revenue or the Department of Financial Services, as the case
623	may be, shall deduct the amount owed by the employer from any
624	funds to be distributed by it to the county, city, metropolitan
625	planning organization, special district, or consolidated form of
626	government. The amounts so deducted shall be transferred to the
627	administrator for further distribution to the trust funds in
628	accordance with this chapter.
629	(c)  The governing body of each county, city, metropolitan
630	planning organization, special district, or consolidated form of
631	government participating under this chapter or the
632	administrator, acting individually or jointly, is hereby
633	authorized to file and maintain an action in the courts of the
634	state to require any employer to remit any retirement or social
635	security member contributions or employer matching payments due
636	the retirement or social security trust funds under the
637	provisions of this chapter.
638	Section 10.  Paragraphs (a), (b), and (e) of subsection (1)
639	of section 121.081, Florida Statutes, are amended to read:
640	121.081  Past service; prior service;
641	contributions.--Conditions under which past service or prior
642	service may be claimed and credited are:
643	(1)(a)  Past service, as defined in s. 121.021(18), may be
644	claimed as creditable service by officers or employees of a
645	city, metropolitan planning organization, or special district
646	that become a covered group under this system. The governing
647	body of a covered group in compliance with s. 121.051(2)(b) may
648	elect to provide benefits with respect to past service earned
649	prior to January 1, 1975, in accordance with this chapter, and
650	the cost for such past service shall be established by applying
651	the following formula: The member contribution for both regular
652	and special risk members shall be 4 percent of the gross annual
653	salary for each year of past service claimed, plus 4-percent
654	employer matching contribution, plus 4 percent interest thereon
655	compounded annually, figured on each year of past service, with
656	interest compounded from date of annual salary earned until July
657	1, 1975, and 6.5 percent interest compounded annually thereafter
658	until date of payment. Once the total cost for a member has been
659	figured to date, then after July 1, 1975, 6.5 percent compounded
660	interest shall be added each June 30 thereafter on any unpaid
661	balance until the cost of such past service liability is paid in
662	full. The following formula shall be used in calculating past
663	service earned prior to January 1, 1975: (Annual gross salary
664	multiplied by 8 percent) multiplied by the 4 percent or 6.5
665	percent compound interest table factor, as may be applicable.
666	The resulting product equals cost to date for each particular
667	year of past service.
668	(b)  Past service earned after January 1, 1975, may be
669	claimed by officers or employees of a city, metropolitan
670	planning organization, or special district that becomes a
671	covered group under this system. The governing body of a covered
672	group may elect to provide benefits with respect to past service
673	earned after January 1, 1975, in accordance with this chapter,
674	and the cost for such past service shall be established by
675	applying the following formula: The employer shall contribute an
676	amount equal to the contribution rate in effect at the time the
677	service was earned, multiplied by the employee's gross salary
678	for each year of past service claimed, plus 6.5 percent interest
679	thereon, compounded annually, figured on each year of past
680	service, with interest compounded from date of annual salary
681	earned until date of payment.
682	(e)  Past service, as defined in s. 121.021(18), may be
683	claimed as creditable service by a member of the Florida
684	Retirement System who formerly was an officer or employee of a
685	city, metropolitan planning organization, or special district,
686	notwithstanding the status or form of the retirement system, if
687	any, of that city, metropolitan planning organization, or
688	special district and irrespective of whether officers or
689	employees of that city, metropolitan planning organization, or
690	special district now or hereafter become a covered group under
691	the Florida Retirement System. Such member may claim creditable
692	service and be entitled to the benefits accruing to the regular
693	class of members as provided for the past service claimed under
694	this paragraph by paying into the retirement trust fund an
695	amount equal to the total actuarial cost of providing the
696	additional benefit resulting from such past-service credit,
697	discounted by the applicable actuarial factors to date of
698	retirement.
699	Section 11.  Paragraph (e) of subsection (2) of section
700	212.055, Florida Statutes, is amended to read:
701	212.055  Discretionary sales surtaxes; legislative intent;
702	authorization and use of proceeds.--It is the legislative intent
703	that any authorization for imposition of a discretionary sales
704	surtax shall be published in the Florida Statutes as a
705	subsection of this section, irrespective of the duration of the
706	levy. Each enactment shall specify the types of counties
707	authorized to levy; the rate or rates which may be imposed; the
708	maximum length of time the surtax may be imposed, if any; the
709	procedure which must be followed to secure voter approval, if
710	required; the purpose for which the proceeds may be expended;
711	and such other requirements as the Legislature may provide.
712	Taxable transactions and administrative procedures shall be as
713	provided in s. 212.054.
714	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
715	(e)  School districts, counties, and municipalities
716	receiving proceeds under the provisions of this subsection may
717	pledge such proceeds for the purpose of servicing new bond
718	indebtedness incurred pursuant to law. Local governments may use
719	the services of the Division of Bond Finance of the State Board
720	of Administration pursuant to the State Bond Act to issue any
721	bonds through the provisions of this subsection. In no case may
722	a jurisdiction issue bonds pursuant to this subsection more
723	frequently than once per year. Counties and municipalities may
724	join together for the issuance of bonds authorized by this
725	subsection.
726	Section 12.  Subsection (1) of section 215.615, Florida
727	Statutes, is amended to read:
728	215.615  Fixed-guideway transportation systems funding.--
729	(1)  The issuance of revenue bonds by the Division of Bond
730	Finance, on behalf of the Department of Transportation, pursuant
731	to s. 11, Art. VII of the State Constitution, is authorized,
732	pursuant to the State Bond Act, to finance or refinance fixed
733	capital expenditures for fixed-guideway transportation systems,
734	as defined in s. 341.031, including facilities appurtenant
735	thereto, costs of issuance, and other amounts relating to such
736	financing or refinancing. Such revenue bonds shall be matched on
737	a 50-50 basis with funds from sources other than revenues of the
738	Department of Transportation, in a manner acceptable to the
739	Department of Transportation. The Division of Bond Finance is
740	authorized to consider innovative financing techniques,
741	technologies which may include, but are not limited to,
742	innovative bidding and structures of potential financings
743	findings that may result in negotiated transactions. The
744	following conditions apply to the issuance of revenue bonds for
745	fixed-guideway transportation systems:
746	(a)  The department and any participating commuter rail
747	authority or regional transportation authority established under
748	chapter 343, local governments, or local governments
749	collectively by interlocal agreement having jurisdiction of a
750	fixed-guideway transportation system may enter into an
751	interlocal agreement to promote the efficient and cost-effective
752	financing or refinancing of fixed-guideway transportation system
753	projects by revenue bonds issued pursuant to this subsection.
754	The terms of such interlocal agreements shall include provisions
755	for the Department of Transportation to request the issuance of
756	the bonds on behalf of the parties; shall provide that after
757	reimbursement pursuant to interlocal agreement, the department's
758	share may be up to 50 percent of the eligible project cost,
759	which may include a share of annual each party to the agreement
760	is contractually liable for an equal share of funding an amount
761	equal to the debt service requirements of such bonds; and shall
762	include any other terms, provisions, or covenants necessary to
763	the making of and full performance under such interlocal
764	agreement. Repayments made to the department under any
765	interlocal agreement are not pledged to the repayment of bonds
766	issued hereunder, and failure of the local governmental
767	authority to make such payment shall not affect the obligation
768	of the department to pay debt service on the bonds.
769	(b)  Revenue bonds issued pursuant to this subsection shall
770	not constitute a general obligation of, or a pledge of the full
771	faith and credit of, the State of Florida. Bonds issued pursuant
772	to this section shall be payable from funds available pursuant
773	to s. 206.46(3), or other funds available to the project,
774	subject to annual appropriation. The amount of revenues
775	available for debt service shall never exceed a maximum of 2
776	percent of all state revenues deposited into the State
777	Transportation Trust Fund.
778	(c)  The projects to be financed or refinanced with the
779	proceeds of the revenue bonds issued hereunder are designated as
780	state fixed capital outlay projects for purposes of s. 11(d),
781	Art. VII of the State Constitution, and the specific projects to
782	be financed or refinanced shall be determined by the Department
783	of Transportation in accordance with state law and
784	appropriations from the State Transportation Trust Fund. Each
785	project to be financed with the proceeds of the bonds issued
786	pursuant to this subsection must first be approved by the
787	Legislature by an act of general law.
788	(d)  Any complaint for validation of bonds issued pursuant
789	to this section shall be filed in the circuit court of the
790	county where the seat of state government is situated, the
791	notice required to be published by s. 75.06 shall be published
792	only in the county where the complaint is filed, and the
793	complaint and order of the circuit court shall be served only on
794	the state attorney of the circuit in which the action is
795	pending.
796	(e)  The state does hereby covenant with holders of such
797	revenue bonds or other instruments of indebtedness issued
798	hereunder, that it will not repeal or impair or amend these
799	provisions in any manner that will materially and adversely
800	affect the rights of such holders as long as bonds authorized by
801	this subsection are outstanding.
802	(f)  This subsection supersedes any inconsistent provisions
803	in existing law.
804
805	Notwithstanding this subsection, the lien of revenue bonds
806	issued pursuant to this subsection on moneys deposited into the
807	State Transportation Trust Fund shall be subordinate to the lien
808	on such moneys of bonds issued under ss. 215.605, 320.20, and
809	215.616, and any pledge of such moneys to pay operating and
810	maintenance expenses under s. 206.46(5) and chapter 348, as may
811	be amended.
812	Section 13.  Section 316.2123, Florida Statutes, is amended
813	to read:
814	316.2123  Operation of an ATV on certain roadways.--
815	(1)  The operation of an ATV, as defined in s. 317.0003,
816	upon the public roads or streets of this state is prohibited,
817	except that an ATV may be operated during the daytime on an
818	unpaved roadway where the posted speed limit is less than 35
819	miles per hour by a licensed driver or by a minor under the
820	supervision of a licensed driver. The operator must provide
821	proof of ownership pursuant to chapter 317 upon request by a law
822	enforcement officer.
823	(2)  A county is exempt from this section if the governing
824	body of the county, by majority vote, following a noticed public
825	hearing, votes to exempt the county from this section.
826	Alternatively, a county may, by majority vote after such a
827	hearing, designate certain unpaved roadways where an ATV may be
828	operated during the daytime as long as each such designated
829	roadway has a posted speed limit of less than 35 miles per hour
830	and is appropriately marked to indicate permissible ATV use.
831	(3)  Any ATV operation that is permitted under subsection
832	(1) or subsection (2) may be undertaken only by a licensed
833	driver or a minor who is under the direct supervision of a
834	licensed driver. The operator must provide proof of ownership
835	under chapter 317 upon the request of a law enforcement officer.
836	Section 14.  Subsection (1) of section 316.605, Florida
837	Statutes, is amended to read:
838	316.605  Licensing of vehicles.--
839	(1)  Every vehicle, at all times while driven, stopped, or
840	parked upon any highways, roads, or streets of this state, shall
841	be licensed in the name of the owner thereof in accordance with
842	the laws of this state unless such vehicle is not required by
843	the laws of this state to be licensed in this state and shall,
844	except as otherwise provided in s. 320.0706 for front-end
845	registration license plates on truck tractors and s. 320.086(5)
846	which exempts display of license plates on described former
847	military vehicles, display the license plate or both of the
848	license plates assigned to it by the state, one on the rear and,
849	if two, the other on the front of the vehicle, each to be
850	securely fastened to the vehicle outside the main body of the
851	vehicle not higher than 60 inches and not lower than 12 inches
852	from the ground and no more than 24 inches to the left or right
853	of the centerline of the vehicle, and in such manner as to
854	prevent the plates from swinging, and all letters, numerals,
855	printing, writing, and other identification marks upon the
856	plates regarding the word "Florida," the registration decal, and
857	the alphanumeric designation shall be clear and distinct and
858	free from defacement, mutilation, grease, and other obscuring
859	matter, so that they will be plainly visible and legible at all
860	times 100 feet from the rear or front. Vehicle license plates
861	shall be affixed and displayed in such a manner that the letters
862	and numerals shall be read from left to right parallel to the
863	ground. No vehicle license plate may be displayed in an inverted
864	or reversed position or in such a manner that the letters and
865	numbers and their proper sequence are not readily identifiable.
866	Nothing shall be placed upon the face of a Florida plate except
867	as permitted by law or by rule or regulation of a governmental
868	agency. No license plates other than those furnished by the
869	state shall be used. However, if the vehicle is not required to
870	be licensed in this state, the license plates on such vehicle
871	issued by another state, by a territory, possession, or district
872	of the United States, or by a foreign country, substantially
873	complying with the provisions hereof, shall be considered as
874	complying with this chapter. A violation of this subsection is a
875	noncriminal traffic infraction, punishable as a nonmoving
876	violation as provided in chapter 318.
877	Section 15.  Paragraph (b) of subsection (3) of section
878	316.650, Florida Statutes, is amended to read:
879	316.650  Traffic citations.--
880	(3)
881	(b)  If a traffic citation is issued pursuant to s.
882	316.1001, a traffic enforcement officer may deposit the original
883	and one copy of such traffic citation or, in the case of a
884	traffic enforcement agency that has an automated citation
885	system, may provide an electronic facsimile with a court having
886	jurisdiction over the alleged offense or with its traffic
887	violations bureau within 45 days after the date of issuance of
888	the citation to the violator. If the person cited for the
889	violation of s. 316.1001 makes the election provided by s.
890	318.14(12) and pays the $25 fine, or such other amount as
891	imposed by the governmental entity owning the applicable toll
892	facility, plus the amount of the unpaid toll that is shown on
893	the traffic citation directly to the governmental entity that
894	issued the citation, or on whose behalf the citation was issued,
895	in accordance with s. 318.14(12), the traffic citation will not
896	be submitted to the court, the disposition will be reported to
897	the department by the governmental entity that issued the
898	citation, or on whose behalf the citation was issued, and no
899	points will be assessed against the person's driver's license.
900	Section 16.  Subsection (12) of section 318.14, Florida
901	Statutes, is amended to read:
902	318.14  Noncriminal traffic infractions; exception;
903	procedures.--
904	(12)  Any person cited for a violation of s. 316.1001 may,
905	in lieu of making an election as set forth in subsection (4) or
906	s. 318.18(7), elect to pay a his or her fine of $25, or such
907	other amount as imposed by the governmental entity owning the
908	applicable toll facility, plus the amount of the unpaid toll
909	that is shown on the traffic citation directly to the
910	governmental entity that issued the citation, or on whose behalf
911	the citation was issued, within 30 days after the date of
912	issuance of the citation. Any person cited for a violation of s.
913	316.1001 who does not elect to pay the fine imposed by the
914	governmental entity owning the applicable toll facility plus the
915	amount of the unpaid toll that is shown on the traffic citation
916	directly to the governmental entity that issued the citation, or
917	on whose behalf the citation was issued, as described in this
918	subsection section shall have an additional 45 days after the
919	date of the issuance of the citation in which to request a court
920	hearing or to pay the civil penalty and delinquent fee, if
921	applicable, as provided in s. 318.18(7), either by mail or in
922	person, in accordance with subsection (4).
923	Section 17.  Section 318.18, Florida Statutes, is amended
924	to read:
925	318.18  Amount of civil penalties.--The penalties required
926	for a noncriminal disposition pursuant to s. 318.14 or a
927	criminal offense listed in s. 318.17 are as follows:
928	(1)  Fifteen dollars for:
929	(a)  All infractions of pedestrian regulations.
930	(b)  All infractions of s. 316.2065, unless otherwise
931	specified.
932	(c)  Other violations of chapter 316 by persons 14 years of
933	age or under who are operating bicycles, regardless of the
934	noncriminal traffic infraction's classification.
935	(2)  Thirty dollars for all nonmoving traffic violations
936	and:
937	(a)  For all violations of s. 322.19.
938	(b)  For all violations of ss. 320.0605, 320.07(1),
939	322.065, and 322.15(1). Any person who is cited for a violation
940	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
941	320.07(4).
942	1.  If a person who is cited for a violation of s. 320.0605
943	or s. 320.07 can show proof of having a valid registration at
944	the time of arrest, the clerk of the court may dismiss the case
945	and may assess a dismissal fee of up to $7.50. A person who
946	finds it impossible or impractical to obtain a valid
947	registration certificate must submit an affidavit detailing the
948	reasons for the impossibility or impracticality. The reasons may
949	include, but are not limited to, the fact that the vehicle was
950	sold, stolen, or destroyed; that the state in which the vehicle
951	is registered does not issue a certificate of registration; or
952	that the vehicle is owned by another person.
953	2.  If a person who is cited for a violation of s. 322.03,
954	s. 322.065, or s. 322.15 can show a driver's license issued to
955	him or her and valid at the time of arrest, the clerk of the
956	court may dismiss the case and may assess a dismissal fee of up
957	to $7.50.
958	3.  If a person who is cited for a violation of s. 316.646
959	can show proof of security as required by s. 627.733, issued to
960	the person and valid at the time of arrest, the clerk of the
961	court may dismiss the case and may assess a dismissal fee of up
962	to $7.50. A person who finds it impossible or impractical to
963	obtain proof of security must submit an affidavit detailing the
964	reasons for the impracticality. The reasons may include, but are
965	not limited to, the fact that the vehicle has since been sold,
966	stolen, or destroyed; that the owner or registrant of the
967	vehicle is not required by s. 627.733 to maintain personal
968	injury protection insurance; or that the vehicle is owned by
969	another person.
970	(c)  For all violations of ss. 316.2935 and 316.610.
971	However, for a violation of s. 316.2935 or s. 316.610, if the
972	person committing the violation corrects the defect and obtains
973	proof of such timely repair by an affidavit of compliance
974	executed by the law enforcement agency within 30 days from the
975	date upon which the traffic citation was issued, and pays $4 to
976	the law enforcement agency, thereby completing the affidavit of
977	compliance, then upon presentation of said affidavit by the
978	defendant to the clerk within the 30-day time period set forth
979	under s. 318.14(4), the fine must be reduced to $7.50, which the
980	clerk of the court shall retain.
981	(d)  For all violations of s. 316.126(1)(b), unless
982	otherwise specified.
983	(3)(a)  Except as otherwise provided in this section, $60
984	for all moving violations not requiring a mandatory appearance.
985	(b)  For moving violations involving unlawful speed, the
986	fines are as follows:
987
988	For speed exceeding the limit by:     Fine:
989	1-5 m.p.h..     ..Warning
990	6-9 m.p.h..     ..$ 25
991	10-14 m.p.h..     ..$100
992	15-19 m.p.h..     ..$125
993	20-29 m.p.h..     ..$150
994	30 m.p.h. and above..     ..$250
995	(c)  Notwithstanding paragraph (b), a person cited for
996	exceeding the speed limit by up to 5 m.p.h. in a legally posted
997	school zone will be fined $50. A person exceeding the speed
998	limit in a school zone shall pay a fine double the amount listed
999	in paragraph (b).
1000	(d)  A person cited for exceeding the speed limit in a
1001	posted construction zone, which posting must include
1002	notification of the speed limit and the doubling of fines, shall
1003	pay a fine double the amount listed in paragraph (b). The fine
1004	shall be doubled for construction zone violations only if
1005	construction personnel are present or operating equipment on the
1006	road or immediately adjacent to the road under construction.
1007	(e)  A person cited for exceeding the speed limit in an
1008	enhanced penalty zone shall pay a fine amount of $50 plus the
1009	amount listed in paragraph (b). Notwithstanding paragraph (b), a
1010	person cited for exceeding the speed limit by up to 5 m.p.h. in
1011	a legally posted enhanced penalty zone shall pay a fine amount
1012	of $50.
1013	(f)  If a violation of s. 316.1301 or s. 316.1303 results
1014	in an injury to the pedestrian or damage to the property of the
1015	pedestrian, an additional fine of up to $250 shall be paid. This
1016	amount must be distributed pursuant to s. 318.21.
1017	(g)  A person cited for exceeding the speed limit within a
1018	zone posted for any electronic or manual toll collection
1019	facility shall pay a fine double the amount listed in paragraph
1020	(b). However, no person cited for exceeding the speed limit in
1021	any toll collection zone shall be subject to a doubled fine
1022	unless the governmental entity or authority controlling the toll
1023	collection zone first installs a traffic control device
1024	providing warning that speeding fines are doubled. Any such
1025	traffic control device must meet the requirements of the uniform
1026	system of traffic control devices.
1027	(h)  A person cited for a second or subsequent conviction
1028	of speed exceeding the limit by 30 miles per hour and above
1029	within a 12-month period shall pay a fine that is double the
1030	amount listed in paragraph (b). For purposes of this paragraph,
1031	the term "conviction" means a finding of guilt as a result of a
1032	jury verdict, nonjury trial, or entry of a plea of guilty.
1033	Moneys received from the increased fine imposed by this
1034	paragraph shall be remitted to the Department of Revenue and
1035	deposited into the Department of Health Administrative Trust
1036	Fund to provide financial support to certified trauma centers to
1037	assure the availability and accessibility of trauma services
1038	throughout the state. Funds deposited into the Administrative
1039	Trust Fund under this section shall be allocated as follows:
1040	1.  Fifty percent shall be allocated equally among all
1041	Level I, Level II, and pediatric trauma centers in recognition
1042	of readiness costs for maintaining trauma services.
1043	2.  Fifty percent shall be allocated among Level I, Level
1044	II, and pediatric trauma centers based on each center's relative
1045	volume of trauma cases as reported in the Department of Health
1046	Trauma Registry.
1047	(4)  The penalty imposed under s. 316.545 shall be
1048	determined by the officer in accordance with the provisions of
1049	ss. 316.535 and 316.545.
1050	(5)(a)  One hundred dollars for a violation of s.
1051	316.172(1)(a), failure to stop for a school bus. If, at a
1052	hearing, the alleged offender is found to have committed this
1053	offense, the court shall impose a minimum civil penalty of $100.
1054	In addition to this penalty, for a second or subsequent offense
1055	within a period of 5 years, the department shall suspend the
1056	driver's license of the person for not less than 90 days and not
1057	more than 6 months.
1058	(b)  Two hundred dollars for a violation of s.
1059	316.172(1)(b), passing a school bus on the side that children
1060	enter and exit when the school bus displays a stop signal. If,
1061	at a hearing, the alleged offender is found to have committed
1062	this offense, the court shall impose a minimum civil penalty of
1063	$200. In addition to this penalty, for a second or subsequent
1064	offense within a period of 5 years, the department shall suspend
1065	the driver's license of the person for not less than 180 days
1066	and not more than 1 year.
1067	(6)  One hundred dollars or the fine amount designated by
1068	county ordinance, plus court costs for illegally parking, under
1069	s. 316.1955, in a parking space provided for people who have
1070	disabilities. However, this fine will be waived if a person
1071	provides to the law enforcement agency that issued the citation
1072	for such a violation proof that the person committing the
1073	violation has a valid parking permit or license plate issued
1074	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1075	or s. 320.0848 or a signed affidavit that the owner of the
1076	disabled parking permit or license plate was present at the time
1077	the violation occurred, and that such a parking permit or
1078	license plate was valid at the time the violation occurred. The
1079	law enforcement officer, upon determining that all required
1080	documentation has been submitted verifying that the required
1081	parking permit or license plate was valid at the time of the
1082	violation, must sign an affidavit of compliance. Upon provision
1083	of the affidavit of compliance and payment of a dismissal fee of
1084	up to $7.50 to the clerk of the circuit court, the clerk shall
1085	dismiss the citation.
1086	(7)  Mandatory $100 fine One hundred dollars for each a
1087	violation of s. 316.1001 plus the amount of the unpaid toll
1088	shown on the traffic citation for each citation issued. The
1089	clerk of the court shall forward $25 of the $100 fine received,
1090	plus the amount of the unpaid toll that is shown on the
1091	citation, to the governmental entity that issued the citation,
1092	or on whose behalf the citation was issued. If a plea
1093	arrangement is reached prior to the date set for a scheduled
1094	evidentiary hearing and adjudication is withheld, there shall be
1095	a mandatory fine assessed per citation of not less than $50 and
1096	not more than $100, plus the amount of the unpaid toll for each
1097	citation issued. The clerk of the court shall forward $25 of the
1098	fine imposed plus the amount of the unpaid toll that is shown on
1099	the citation to the governmental entity that issued the citation
1100	or on whose behalf the citation was issued. The court shall have
1101	specific authority to consolidate issued citations for the same
1102	defendant for the purpose of sentencing and aggregate
1103	jurisdiction. In addition, the department shall suspend for 60
1104	days the driver's license of a person who is convicted of 10
1105	violations of s. 316.1001 within a 36-month period. However, a
1106	person may elect to pay $30 to the clerk of the court, in which
1107	case adjudication is withheld, and no points are assessed under
1108	s. 322.27. Upon receipt of the fine, the clerk of the court must
1109	retain $5 for administrative purposes and must forward the $25
1110	to the governmental entity that issued the citation. Any funds
1111	received by a governmental entity for this violation may be used
1112	for any lawful purpose related to the operation or maintenance
1113	of a toll facility.
1114	(8)(a)  Any person who fails to comply with the court's
1115	requirements or who fails to pay the civil penalties specified
1116	in this section within the 30-day period provided for in s.
1117	318.14 must pay an additional civil penalty of $12, $2.50 of
1118	which must be remitted to the Department of Revenue for deposit
1119	in the General Revenue Fund, and $9.50 of which must be remitted
1120	to the Department of Revenue for deposit in the Highway Safety
1121	Operating Trust Fund. The department shall contract with the
1122	Florida Association of Court Clerks, Inc., to design, establish,
1123	operate, upgrade, and maintain an automated statewide Uniform
1124	Traffic Citation Accounting System to be operated by the clerks
1125	of the court which shall include, but not be limited to, the
1126	accounting for traffic infractions by type, a record of the
1127	disposition of the citations, and an accounting system for the
1128	fines assessed and the subsequent fine amounts paid to the
1129	clerks of the court. On or before December 1, 2001, the clerks
1130	of the court must provide the information required by this
1131	chapter to be transmitted to the department by electronic
1132	transmission pursuant to the contract.
1133	(b)  Any person who fails to comply with the court's
1134	requirements as to civil penalties specified in this section due
1135	to demonstrable financial hardship shall be authorized to
1136	satisfy such civil penalties by public works or community
1137	service. Each hour of such service shall be applied, at the rate
1138	of the minimum wage, toward payment of the person's civil
1139	penalties; provided, however, that if the person has a trade or
1140	profession for which there is a community service need and
1141	application, the rate for each hour of such service shall be the
1142	average standard wage for such trade or profession. Any person
1143	who fails to comply with the court's requirements as to such
1144	civil penalties who does not demonstrate financial hardship may
1145	also, at the discretion of the court, be authorized to satisfy
1146	such civil penalties by public works or community service in the
1147	same manner.
1148	(c)  If the noncriminal infraction has caused or resulted
1149	in the death of another, the person who committed the infraction
1150	may perform 120 community service hours under s. 316.027(4), in
1151	addition to any other penalties.
1152	(9)  One hundred dollars for a violation of s. 316.1575.
1153	(10)  Twenty-five dollars for a violation of s. 316.2074.
1154	(11)(a)  In addition to the stated fine, court costs must
1155	be paid in the following amounts and shall be deposited by the
1156	clerk into the fine and forfeiture fund established pursuant to
1157	s. 142.01:
1158
1159	For pedestrian infractions..     ..$  3.
1160	For nonmoving traffic infractions..     ..$ 16.
1161	For moving traffic infractions..     ..$ 30.
1162	(b)  In addition to the court cost required under paragraph
1163	(a), up to $3 for each infraction shall be collected and
1164	distributed by the clerk in those counties that have been
1165	authorized to establish a criminal justice selection center or a
1166	criminal justice access and assessment center pursuant to the
1167	following special acts of the Legislature:
1168	1.  Chapter 87-423, Laws of Florida, for Brevard County.
1169	2.  Chapter 89-521, Laws of Florida, for Bay County.
1170	3.  Chapter 94-444, Laws of Florida, for Alachua County.
1171	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1172
1173	Funds collected by the clerk pursuant to this paragraph shall be
1174	distributed to the centers authorized by those special acts.
1175	(c)  In addition to the court cost required under paragraph
1176	(a), a $2.50 court cost must be paid for each infraction to be
1177	distributed by the clerk to the county to help pay for criminal
1178	justice education and training programs pursuant to s. 938.15.
1179	Funds from the distribution to the county not directed by the
1180	county to fund these centers or programs shall be retained by
1181	the clerk and used for funding the court-related services of the
1182	clerk.
1183	(d)  In addition to the court cost required under paragraph
1184	(a), a $3 court cost must be paid for each infraction to be
1185	distributed as provided in s. 938.01 and a $2 court cost as
1186	provided in s. 938.15 when assessed by a municipality or county.
1187	(12)  Two hundred dollars for a violation of s. 316.520(1)
1188	or (2). If, at a hearing, the alleged offender is found to have
1189	committed this offense, the court shall impose a minimum civil
1190	penalty of $200. For a second or subsequent adjudication within
1191	a period of 5 years, the department shall suspend the driver's
1192	license of the person for not less than 1 year and not more than
1193	2 years.
1194	(13)  In addition to any penalties imposed for noncriminal
1195	traffic infractions pursuant to this chapter or imposed for
1196	criminal violations listed in s. 318.17, a board of county
1197	commissioners or any unit of local government which is
1198	consolidated as provided by s. 9, Art. VIII of the State
1199	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1200	Constitution of 1968:
1201	(a)  May impose by ordinance a surcharge of up to $15 for
1202	any infraction or violation to fund state court facilities. The
1203	court shall not waive this surcharge. Up to 25 percent of the
1204	revenue from such surcharge may be used to support local law
1205	libraries provided that the county or unit of local government
1206	provides a level of service equal to that provided prior to July
1207	1, 2004, which shall include the continuation of library
1208	facilities located in or near the county courthouse or annexes.
1209	(b)  That imposed increased fees or service charges by
1210	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1211	purpose of securing payment of the principal and interest on
1212	bonds issued by the county before July 1, 2003, to finance state
1213	court facilities, may impose by ordinance a surcharge for any
1214	infraction or violation for the exclusive purpose of securing
1215	payment of the principal and interest on bonds issued by the
1216	county before July 1, 2003, to fund state court facilities until
1217	the date of stated maturity. The court shall not waive this
1218	surcharge. Such surcharge may not exceed an amount per violation
1219	calculated as the quotient of the maximum annual payment of the
1220	principal and interest on the bonds as of July 1, 2003, divided
1221	by the number of traffic citations for county fiscal year 2002-
1222	2003 certified as paid by the clerk of the court of the county.
1223	Such quotient shall be rounded up to the next highest dollar
1224	amount. The bonds may be refunded only if savings will be
1225	realized on payments of debt service and the refunding bonds are
1226	scheduled to mature on the same date or before the bonds being
1227	refunded. Notwithstanding any of the foregoing provisions of
1228	this paragraph that limit the use of surcharge revenues, if the
1229	revenues generated as a result of the adoption of this ordinance
1230	exceed the debt service on the bonds, the surplus revenues may
1231	be used to pay down the debt service on the bonds; fund other
1232	state-court-facility construction projects as may be certified
1233	by the chief judge as necessary to address unexpected growth in
1234	caseloads, emergency requirements to accommodate public access,
1235	threats to the safety of the public, judges, staff, and
1236	litigants, or other exigent circumstances; or support local law
1237	libraries in or near the county courthouse or annexes.
1238
1239	A county may not impose both of the surcharges authorized under
1240	paragraphs (a) and (b) concurrently. The clerk of court shall
1241	report, no later than 30 days after the end of the quarter, the
1242	amount of funds collected under this subsection during each
1243	quarter of the fiscal year. The clerk shall submit the report,
1244	in a format developed by the Office of State Courts
1245	Administrator, to the chief judge of the circuit, the Governor,
1246	the President of the Senate, and the Speaker of the House of
1247	Representatives.
1248	(14)  In addition to any penalties imposed for noncriminal
1249	traffic infractions under this chapter or imposed for criminal
1250	violations listed in s. 318.17, any unit of local government
1251	that is consolidated as provided by s. 9, Art. VIII of the State
1252	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1253	State Constitution of 1968, and that is granted the authority in
1254	the State Constitution to exercise all the powers of a municipal
1255	corporation, and any unit of local government operating under a
1256	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1257	VIII of the State Constitution of 1885, as preserved by s. 6(e),
1258	Art. VIII of the State Constitution of 1968, that is granted the
1259	authority in the State Constitution to exercise all the powers
1260	conferred now or hereafter by general law upon municipalities,
1261	may impose by ordinance a surcharge of up to $15 for any
1262	infraction or violation. Revenue from the surcharge shall be
1263	transferred to such unit of local government for the purpose of
1264	replacing fine revenue deposited into the clerk's fine and
1265	forfeiture fund under s. 142.01. The court may not waive this
1266	surcharge. Proceeds from the imposition of the surcharge
1267	authorized in this subsection shall not be used for the purpose
1268	of securing payment of the principal and interest on bonds. This
1269	subsection, and any surcharge imposed pursuant to this
1270	subsection, shall stand repealed September 30, 2007.
1271	(15)  One hundred twenty-five dollars for a violation of s.
1272	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1273	stop at a traffic signal. Sixty dollars shall be distributed as
1274	provided in s. 318.21, and the remaining $65 shall be remitted
1275	to the Department of Revenue for deposit into the Administrative
1276	Trust Fund of the Department of Health.
1277	(16)  One hundred dollars for a violation of s. 316.622(3)
1278	or (4), for a vehicle that fails to display a sticker
1279	authorizing it to transport migrant or seasonal farm workers or
1280	fails to display standardized notification instructions
1281	requiring passengers to fasten their seat belts. Two hundred
1282	dollars for a violation of s. 316.622(1) or (2), for operating a
1283	farm labor vehicle that fails to conform to vehicle safety
1284	standards or lacks seat belt assemblies at each passenger
1285	position.
1286	(17)  In addition to any penalties imposed, a surcharge of
1287	$3 must be paid for all criminal offenses listed in s. 318.17
1288	and for all noncriminal moving traffic violations under chapter
1289	316. Revenue from the surcharge shall be remitted to the
1290	Department of Revenue and deposited quarterly into the State
1291	Agency Law Enforcement Radio System Trust Fund of the Department
1292	of Management Services for the state agency law enforcement
1293	radio system, as described in s. 282.1095. This subsection
1294	expires July 1, 2012.
1295	Section 18.  Subsection (17) is added to section 318.21,
1296	Florida Statutes, to read:
1297	318.21  Disposition of civil penalties by county
1298	courts.--All civil penalties received by a county court pursuant
1299	to the provisions of this chapter shall be distributed and paid
1300	monthly as follows:
1301	(17)  Notwithstanding subsections (1) and (2), the proceeds
1302	from the surcharge imposed under s. 318.18(17) shall be
1303	distributed as provided in that subsection. This subsection
1304	expires July 1, 2012.
1305	Section 19.  Section 320.061, Florida Statutes, is amended
1306	to read:
1307	320.061  Unlawful to alter motor vehicle registration
1308	certificates, license plates, mobile home stickers, or
1309	validation stickers or to obscure license plates; penalty.--No
1310	person shall alter the original appearance of any registration
1311	license plate, mobile home sticker, validation sticker, or
1312	vehicle registration certificate issued for and assigned to any
1313	motor vehicle or mobile home, whether by mutilation, alteration,
1314	defacement, or change of color or in any other manner. No person
1315	shall apply or attach any substance, reflective matter,
1316	illuminated device, spray, coating, covering, or other material
1317	onto or around any license plate that interferes with the
1318	legibility, angular visibility, or detectability of any feature
1319	or detail on the license plate or interferes with the ability to
1320	photograph or otherwise record any feature or detail on the
1321	license plate. Any person who violates the provisions of this
1322	section commits is guilty of a misdemeanor of the second degree,
1323	punishable as provided in s. 775.082 or s. 775.083.
1324	Section 20.  Paragraph (c) of subsection (6) and subsection
1325	(8) of section 332.007, Florida Statutes, are amended to read:
1326	332.007  Administration and financing of aviation and
1327	airport programs and projects; state plan.--
1328	(6)  Subject to the availability of appropriated funds, the
1329	department may participate in the capital cost of eligible
1330	public airport and aviation development projects in accordance
1331	with the following rates, unless otherwise provided in the
1332	General Appropriations Act or the substantive bill implementing
1333	the General Appropriations Act:
1334	(c)  When federal funds are not available, the department
1335	may fund up to 80 percent of master planning and eligible
1336	aviation development projects at publicly owned, publicly
1337	operated airports. If federal funds are available, the
1338	department may fund up to 80 percent of the nonfederal share of
1339	such projects. Such funding is limited to airports that have no
1340	scheduled commercial service.
1341	(8)  Notwithstanding any other provision of law to the
1342	contrary, the department is authorized to fund security projects
1343	at provide operational and maintenance assistance to publicly
1344	owned public-use airports. Such assistance shall be to comply
1345	with enhanced federal security requirements or to address
1346	related economic impacts from the events of September 11, 2001.
1347	For projects in the current adopted work program, or projects
1348	added using the available budget of the department, airports may
1349	request the department change the project purpose in accordance
1350	with this provision notwithstanding the provisions of s.
1351	339.135(7). For purposes of this subsection, the department may
1352	fund up to 100 percent of eligible project costs that are not
1353	funded by the Federal Government. Prior to releasing any funds
1354	under this section, the department shall review and approve the
1355	expenditure plans submitted by the airport. The department shall
1356	inform the Legislature of any change that it approves under this
1357	subsection. This subsection shall expire on June 30, 2012 2007.
1358	Section 21.  Subsection (4) of section 332.14, Florida
1359	Statutes, is amended to read:
1360	332.14  Secure Airports for Florida's Economy Council.--
1361	(4)  The council shall adopt bylaws governing the manner in
1362	which the business of the council will be conducted. The bylaws
1363	shall specify the procedure by which the chair of the council is
1364	elected. The council shall meet at the call of its chair, at the
1365	request of a majority of its membership, or at such times as may
1366	be prescribed in its bylaws. However, the council must meet at
1367	least twice a year. Except for the members under paragraphs
1368	(2)(d), (e), and (f), all members of the council are voting
1369	members. A majority of voting members of the council constitutes
1370	a quorum for the purpose of transacting the business of the
1371	council. A vote of the majority of the members present is
1372	sufficient for any action of the council, except that a member
1373	representing the Department of Transportation, the Department of
1374	Community Affairs, the Department of Law Enforcement, or the
1375	Office of Tourism, Trade, and Economic Development may vote to
1376	overrule any action of the council approving a project pursuant
1377	to paragraph (7)(a). The bylaws of the council may require a
1378	greater vote for a particular action.
1379	Section 22.  Paragraph (c) of subsection (1) of section
1380	336.025, Florida Statutes, is amended to read:
1381	336.025  County transportation system; levy of local option
1382	fuel tax on motor fuel and diesel fuel.--
1383	(1)
1384	(c)  Local governments may use the services of the Division
1385	of Bond Finance of the State Board of Administration pursuant to
1386	the State Bond Act to issue any bonds through the provisions of
1387	this section and may pledge the revenues from local option fuel
1388	taxes to secure the payment of the bonds. In no case may a
1389	jurisdiction issue bonds pursuant to this section more
1390	frequently than once per year. Counties and municipalities may
1391	join together for the issuance of bonds issued pursuant to this
1392	section.
1393	Section 23.  Subsection (3) of section 336.41, Florida
1394	Statutes, is amended to read:
1395	336.41  Counties; employing labor and providing road
1396	equipment; accounting; when competitive bidding required.--
1397	(3)  All construction and reconstruction of roads and
1398	bridges, including resurfacing, full scale mineral seal coating,
1399	and major bridge and bridge system repairs, to be performed
1400	utilizing the proceeds of the 80-percent portion of the surplus
1401	of the constitutional gas tax shall be let to contract to the
1402	lowest responsible bidder by competitive bid, except for:
1403	(a)  Construction and maintenance in emergency situations,
1404	and
1405	(b)  In addition to emergency work, construction and
1406	reconstruction, including resurfacing, mineral seal coating, and
1407	bridge repairs, having a total cumulative annual value not to
1408	exceed 5 percent of its 80-percent portion of the constitutional
1409	gas tax or $400,000 $250,000, whichever is greater, and
1410	(c)  Construction of sidewalks, curbing, accessibility
1411	ramps, or appurtenances incidental to roads and bridges if each
1412	project is estimated in accordance with generally accepted cost-
1413	accounting principles to have total construction project costs
1414	of less than $400,000 or as adjusted by the percentage change in
1415	the Construction Cost Index from January 1, 2008,
1416
1417	for which the county may utilize its own forces. However, if,
1418	after proper advertising, no bids are received by a county for a
1419	specific project, the county may use its own forces to construct
1420	the project, notwithstanding the limitation of this subsection.
1421	Nothing in this section shall prevent the county from performing
1422	routine maintenance as authorized by law.
1423	Section 24.  Construction aggregate materials.--
1424	(1)  DEFINITIONS.--"Construction aggregate materials" means
1425	crushed stone, limestone, dolomite, limerock, shell rock,
1426	cemented coquina, sand for use as a component of mortars,
1427	concrete, bituminous mixtures, or underdrain filters, and other
1428	mined resources providing the basic material for concrete,
1429	asphalt, and road base.
1430	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
1431	is a strategic and critical need for an available supply of
1432	construction aggregate materials within the state and that a
1433	disruption of the supply would cause a significant detriment to
1434	the state's construction industry, transportation system, and
1435	overall health, safety, and welfare.
1436	(3)  LOCAL GOVERNMENT DECISIONMAKING.--No local government
1437	shall approve or deny a proposed land use zoning change,
1438	comprehensive plan amendment, land use permit, ordinance, or
1439	order regarding construction aggregate materials without
1440	considering any information provided by the Department of
1441	Transportation regarding the effect such change, amendment,
1442	permit decision, ordinance, or order would have on the
1443	availability, transportation, and potential extraction of
1444	construction aggregate materials on the local area, the region,
1445	and the state. The failure of the Department of Transportation
1446	to provide this information shall not be a basis for delay or
1447	invalidation of the local government action. No local government
1448	may impose a moratorium, or combination of moratoria, of more
1449	than 12 months' duration on the mining or extraction of
1450	construction aggregate materials, commencing on the date the
1451	vote was taken to impose the moratorium. January 1, 2007, shall
1452	serve as the commencement of the 12-month period for moratoria
1453	already in place as of July 1, 2007.
1454	(4)  EXPEDITED PERMITTING.--Due to the state's critical
1455	infrastructure needs and the potential shortfall in available
1456	construction aggregate materials, limerock environmental
1457	resource permitting and reclamation applications filed after
1458	March 1, 2007, are eligible for the expedited permitting
1459	processes contained in s. 403.973, Florida Statutes. Challenges
1460	to state agency action in the expedited permitting process for
1461	establishment of a limerock mine in this state under s. 403.973,
1462	Florida Statutes, are subject to the same requirements as
1463	challenges brought under s. 403.973(15)(a), Florida Statutes,
1464	except that, notwithstanding s. 120.574, Florida Statutes,
1465	summary proceedings must be conducted within 30 days after a
1466	party files the motion for summary hearing, regardless of
1467	whether the parties agree to the summary proceeding.
1468	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1469	(a)  The Strategic Aggregates Review Task Force is created
1470	to evaluate the availability and disposition of construction
1471	aggregate materials and related mining and land use practices in
1472	this state.
1473	(b)  The task force shall be appointed by August 1, 2007,
1474	and shall be composed of the following 19 members:
1475	1.  The President of the Senate, the Speaker of the House
1476	of Representatives, and the Governor shall each appoint one
1477	member from each of the following groups:
1478	a.  The mining industry.
1479	b.  The construction industry.
1480	c.  The transportation industries, including seaports,
1481	trucking, railroads, or roadbuilders.
1482	d.  Elected officials representing counties identified by
1483	the Department of Transportation as limestone or sand resource
1484	areas. Rural, midsize, and urban counties shall each have one
1485	elected official on the task force.
1486	e.  Environmental advocacy groups.
1487	2.  The Secretary of Environmental Protection or designee.
1488	3.  The Secretary of Community Affairs or designee.
1489	4.  The Secretary of Transportation or designee.
1490	5.  One member appointed by the Florida League of Cities,
1491	Inc.
1492	(c)  Members of the commission shall serve without
1493	compensation. Travel and per diem expenses for members who are
1494	not state employees shall be paid by the Department of
1495	Transportation in accordance with s. 112.061, Florida Statutes.
1496	(d)  The Department of Transportation shall organize and
1497	provide administrative support for the task force and coordinate
1498	with other state agencies and local governments in obtaining and
1499	providing such data and information as may be needed by the task
1500	force to complete its evaluation. The department may conduct any
1501	supporting studies as are required to obtain needed information
1502	or otherwise assist the task force in its review and
1503	deliberations.
1504	(e)  The Department of Transportation shall collect and
1505	provide information to the task force relating to construction
1506	aggregate materials and the amount of such materials used by the
1507	department on state road infrastructure projects and shall
1508	provide any technical and supporting information relating to the
1509	use of such materials as is available to the department.
1510	(f)  The task force shall report its findings to the
1511	Governor, the President of the Senate, and the Speaker of the
1512	House of Representatives by February 1, 2008. The report must
1513	identify locations with significant concentrations of
1514	construction aggregate materials and recommend actions intended
1515	to ensure the continued extraction and availability of
1516	construction aggregate materials.
1517	(g)  The task force shall be dissolved on July 1, 2008.
1518	Section 25.  Section 337.026, Florida Statutes, is created
1519	to read:
1520	337.026  Authority of department to enter into agreements
1521	for construction aggregate materials.--
1522	(1)  The department may pursue innovative contractual or
1523	engineering techniques that will provide the department with
1524	reliable and economic supplies of construction aggregate
1525	materials and control time and cost increases on construction
1526	projects.
1527	(2)  The department may enter into agreements with private
1528	or public entities. Such agreements may include, but are not
1529	limited to, department acquisition of materials or resources or
1530	long-term leases for a term not to exceed 99 years that will
1531	advance the state's transportation needs.
1532	(3)  To the maximum extent practical, the department must
1533	use the existing process to award and administer such innovative
1534	contractual or engineering techniques. When specific contractual
1535	or engineering techniques are to be used, the department is not
1536	required to adhere to provisions of law that would prevent,
1537	preclude, or prohibit it from using the contractual or
1538	engineering technique. However, prior to using an innovative
1539	contractual or engineering technique that is inconsistent with
1540	another provision of law, the department must document in
1541	writing the need for the exception and identify the benefits the
1542	traveling public and the affected community are anticipated to
1543	receive.
1544	Section 26.  Paragraph (a) of subsection (3) of section
1545	337.11, Florida Statutes, is amended to read:
1546	337.11  Contracting authority of department; bids;
1547	emergency repairs, supplemental agreements, and change orders;
1548	combined design and construction contracts; progress payments;
1549	records; requirements of vehicle registration.--
1550	(3)(a)  On all construction contracts of $250,000 or less,
1551	and any construction contract of less than $500,000 for which
1552	the department has waived prequalification under s. 337.14, the
1553	department shall advertise for bids in a newspaper having
1554	general circulation in the county where the proposed work is
1555	located. Publication shall be at least once a week for no less
1556	than 2 consecutive weeks, and the first publication shall be no
1557	less than 14 days prior to the date on which bids are to be
1558	received.
1559	Section 27.  Subsection (1) of section 337.14, Florida
1560	Statutes, is amended to read:
1561	337.14  Application for qualification; certificate of
1562	qualification; restrictions; request for hearing.--
1563	(1)  Any person desiring to bid for the performance of any
1564	construction contract in excess of $250,000 which the department
1565	proposes to let must first be certified by the department as
1566	qualified pursuant to this section and rules of the department.
1567	The rules of the department shall address the qualification of
1568	persons to bid on construction contracts in excess of $250,000
1569	and shall include requirements with respect to the equipment,
1570	past record, experience, financial resources, and organizational
1571	personnel of the applicant necessary to perform the specific
1572	class of work for which the person seeks certification. The
1573	department is authorized to limit the dollar amount of any
1574	contract upon which a person is qualified to bid or the
1575	aggregate total dollar volume of contracts such person is
1576	allowed to have under contract at any one time. Each applicant
1577	seeking qualification to bid on construction contracts in excess
1578	of $250,000 shall furnish the department a statement under oath,
1579	on such forms as the department may prescribe, setting forth
1580	detailed information as required on the application. Each
1581	application for certification shall be accompanied by the latest
1582	annual financial statement of the applicant completed within the
1583	last 12 months. If the annual financial statement shows the
1584	financial condition of the applicant more than 4 months prior to
1585	the date on which the application is received by the department,
1586	then an interim financial statement must also be submitted. The
1587	interim financial statement must cover the period from the end
1588	date of the annual statement and must show the financial
1589	condition of the applicant no more than 4 months prior to the
1590	date on which the application is received by the department.
1591	Each required annual or interim financial statement must be
1592	audited and accompanied by the opinion of a certified public
1593	accountant or a public accountant approved by the department.
1594	The information required by this subsection is confidential and
1595	exempt from the provisions of s. 119.07(1).  The department
1596	shall act upon the application for qualification within 30 days
1597	after the department determines that the application is
1598	complete. The department may waive the requirements of this
1599	subsection for projects having a contract price of $500,000 or
1600	less if the department determines that the project is of a
1601	noncritical nature and the waiver will not endanger public
1602	health, safety, or property.
1603	Section 28.  Paragraph (a) of subsection (1) of section
1604	337.18, Florida Statutes, is amended to read:
1605	337.18  Surety bonds for construction or maintenance
1606	contracts; requirement with respect to contract award; bond
1607	requirements; defaults; damage assessments.--
1608	(1)(a)  A surety bond shall be required of the successful
1609	bidder in an amount equal to the awarded contract price.
1610	However, the department may choose, in its discretion and
1611	applicable only to multiyear maintenance contracts, to allow for
1612	incremental annual contract bonds that cumulatively total the
1613	full, awarded, multiyear contract price. For a project for which
1614	the contract price is $250,000 $150,000 or less, the department
1615	may waive the requirement for all or a portion of a surety bond
1616	if it determines the project is of a noncritical nature and
1617	nonperformance will not endanger public health, safety, or
1618	property. If the secretary or his designee determines that it is
1619	in the best interests of the department to reduce the bonding
1620	requirement for a project and that to do so will not endanger
1621	public health, safety, or property, the department may waive the
1622	requirement of a surety bond in an amount equal to the awarded
1623	contract price for a project having a contract price of $250
1624	million or more and, in its place, may set a surety bond amount
1625	that is a portion of the total contract price and provide an
1626	alternate means of security for the balance of the contract
1627	amount that is not covered by the surety bond or provide for
1628	incremental surety bonding and provide an alternate means of
1629	security for the balance of the contract amount that is not
1630	covered by the surety bond. Such alternative means of security
1631	may include letters of credit, United States bonds and notes,
1632	parent company guarantees, and cash collateral. The department
1633	may require alternate means of security if a surety bond is
1634	waived. The surety on such bond shall be a surety company
1635	authorized to do business in the state. All bonds shall be
1636	payable to the department and conditioned for the prompt,
1637	faithful, and efficient performance of the contract according to
1638	plans and specifications and within the time period specified,
1639	and for the prompt payment of all persons defined in s. 713.01
1640	furnishing labor, material, equipment, and supplies for work
1641	provided in the contract; however, whenever an improvement,
1642	demolition, or removal contract price is $25,000 or less, the
1643	security may, in the discretion of the bidder, be in the form of
1644	a cashier's check, bank money order of any state or national
1645	bank, certified check, or postal money order. The department
1646	shall adopt rules to implement this subsection. Such rules shall
1647	include provisions under which the department shall refuse to
1648	accept bonds on contracts when a surety wrongfully fails or
1649	refuses to settle or provide a defense for claims or actions
1650	arising under a contract for which the surety previously
1651	furnished a bond.
1652	Section 29.  Subsection (3) is added to section 338.161,
1653	Florida Statutes, to read:
1654	338.161  Authority of department or toll agencies to
1655	advertise and promote electronic toll collection; expanded uses
1656	of electronic toll collection system; studies authorized.--
1657	(3)(a)  The department or any toll agency created by
1658	statute may incur expenses to advertise or promote its
1659	electronic toll collection system to consumers on or off the
1660	turnpike or toll system.
1661	(b)  If the department or any toll agency created by
1662	statute finds that it can increase nontoll revenues or add
1663	convenience or other value for its customers, the department or
1664	toll agency may enter into agreements with any private or public
1665	entity allowing the use of its electronic toll collection system
1666	to pay parking fees for vehicles equipped with a transponder or
1667	similar device. The department or toll agency may initiate
1668	feasibility studies of additional future uses of its electronic
1669	toll collection system and make recommendations to the
1670	Legislature to authorize such uses.
1671	Section 30.  Subsections (1), (3), and (4) of section
1672	338.2275, Florida Statutes, are amended to read:
1673	338.2275  Approved turnpike projects.--
1674	(1)  Legislative approval of the department's tentative
1675	work program that contains the turnpike project constitutes
1676	approval to issue bonds as required by s. 11(f), Art. VII of the
1677	State Constitution. No more than $10 billion of bonds may be
1678	outstanding to fund approved turnpike projects. Turnpike
1679	projects approved to be included in future tentative work
1680	programs include, but are not limited to, projects contained in
1681	the 2003-2004 tentative work program. A maximum of $4.5 billion
1682	of bonds may be issued to fund approved turnpike projects.
1683	(3)  Subject to verification of economic feasibility by the
1684	department in accordance with s. 338.221(8), the department
1685	shall acquire the assets and assume the liabilities of the
1686	Sawgrass Expressway as a candidate project from the Broward
1687	County Expressway Authority. The agreement to acquire the
1688	Sawgrass Expressway shall be subject to the terms and covenants
1689	of the Broward County Expressway Authority Bond Series 1984 and
1690	1986A lease-purchase agreements and shall not act to the
1691	detriment of the bondholders nor decrease the quality of the
1692	bonds. The department shall provide for the cost of operations
1693	and maintenance expenses and for the replacement of future
1694	Broward County gasoline tax funds pledged for the payment of
1695	principal and interest on such bonds. The department shall
1696	repay, to the extent possible, Broward County gasoline tax funds
1697	used since July 6, 1988, for debt service on such bonds. For the
1698	purpose of calculating the economic feasibility of this project,
1699	the department is authorized to exclude operations and
1700	maintenance expenses accumulated between July 6, 1988, and the
1701	date of the agreement. Upon performance of all terms of the
1702	agreement between the parties, the Sawgrass Expressway will
1703	become a part of the turnpike system.
1704	(3)(4)  Bonds may not be issued to fund a turnpike project
1705	until the department has made a final determination that the
1706	project is economically feasible in accordance with s. 338.221,
1707	based on the most current information available.
1708	Section 31.  Subsections (3), (4), and (6) of section
1709	338.231, Florida Statutes, are amended to read:
1710	338.231  Turnpike tolls, fixing; pledge of tolls and other
1711	revenues.--The department shall at all times fix, adjust,
1712	charge, and collect such tolls for the use of the turnpike
1713	system as are required in order to provide a fund sufficient
1714	with other revenues of the turnpike system to pay the cost of
1715	maintaining, improving, repairing, and operating such turnpike
1716	system; to pay the principal of and interest on all bonds issued
1717	to finance or refinance any portion of the turnpike system as
1718	the same become due and payable; and to create reserves for all
1719	such purposes.
1720	(3)(a)  The department shall publish a proposed change in
1721	the toll rate for the use of an existing toll facility, in the
1722	manner provided for in s. 120.54, which will provide for public
1723	notice and the opportunity for a public hearing before the
1724	adoption of the proposed rate change. When the department is
1725	evaluating a proposed turnpike toll project under s. 338.223 and
1726	has determined that there is a high probability that the project
1727	will pass the test of economic feasibility predicated on
1728	proposed toll rates, the toll rate that is proposed to be
1729	charged after the project is constructed must be adopted during
1730	the planning and project development phase of the project, in
1731	the manner provided for in s. 120.54, including public notice
1732	and the opportunity for a public hearing. For such a new
1733	project, the toll rate becomes effective upon the opening of the
1734	project to traffic.
1735	(b)  The department may also fix, adjust, charge, and
1736	collect transaction fees and collection fees related to tolls
1737	not paid at the time the toll is incurred. The department shall
1738	publish its proposed fees in the manner provided for in s.
1739	120.54, which will provide for public notice and the opportunity
1740	for a public hearing before the adoption of the proposed fees.
1741	Any fee so established shall be added to the unpaid toll amount
1742	due and payable to the department.
1743	(4)  For the period July 1, 1998, through June 30, 2017
1744	2007, the department shall, to the maximum extent feasible,
1745	program sufficient funds in the tentative work program such that
1746	the percentage of turnpike toll and bond financed commitments in
1747	Dade County, Broward County, and Palm Beach County as compared
1748	to total turnpike toll and bond financed commitments shall be at
1749	least 90 percent of the share of net toll collections
1750	attributable to users of the turnpike system in Dade County,
1751	Broward County, and Palm Beach County as compared to total net
1752	toll collections attributable to users of the turnpike system.
1753	The requirements of this subsection do not apply when the
1754	application of such requirements would violate any covenant
1755	established in a resolution or trust indenture relating to the
1756	issuance of turnpike bonds.
1757	(6)  In each fiscal year while any of the bonds of the
1758	Broward County Expressway Authority series 1984 and series 1986-
1759	A remain outstanding, the department is authorized to pledge
1760	revenues from the turnpike system to the payment of principal
1761	and interest of such series of bonds, the repayment of Broward
1762	County gasoline tax funds as provided in s. 338.2275(3), and the
1763	operation and maintenance expenses of the Sawgrass Expressway,
1764	to the extent gross toll revenues of the Sawgrass Expressway are
1765	insufficient to make such payments. The terms of an agreement
1766	relative to the pledge of turnpike system revenue will be
1767	negotiated with the parties of the 1984 and 1986 Broward County
1768	Expressway Authority lease-purchase agreements, and subject to
1769	the covenants of those agreements. The agreement shall establish
1770	that the Sawgrass Expressway shall be subject to the planning,
1771	management, and operating control of the department limited only
1772	by the terms of the lease-purchase agreements. The department
1773	shall provide for the payment of operation and maintenance
1774	expenses of the Sawgrass Expressway until such agreement is in
1775	effect. This pledge of turnpike system revenues shall be
1776	subordinate to the debt service requirements of any future issue
1777	of turnpike bonds, the payment of turnpike system operation and
1778	maintenance expenses, and subject to provisions of any
1779	subsequent resolution or trust indenture relating to the
1780	issuance of such turnpike bonds.
1781	Section 32.  Paragraphs (c) and (d) of subsection (7) of
1782	section 339.135, Florida Statutes, are amended to read:
1783	339.135  Work program; legislative budget request;
1784	definitions; preparation, adoption, execution, and amendment.--
1785	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1786	(c)  The department may amend the adopted work program to
1787	transfer fixed capital outlay appropriations for projects within
1788	the same appropriations category or between appropriations
1789	categories, including the following amendments which shall be
1790	subject to the procedures in paragraph (d):
1791	1.  Any amendment that which deletes any project or project
1792	phase;
1793	2.  Any amendment that which adds a project estimated to
1794	cost over $150,000 in funds appropriated by the Legislature;
1795	3.  Any amendment that which advances or defers to another
1796	fiscal year, a right-of-way phase, a construction phase, or a
1797	public transportation project phase estimated to cost over
1798	$500,000 in funds appropriated by the Legislature, except an
1799	amendment advancing or deferring a phase for a period of 90 days
1800	or less; or
1801	4.  Any amendment that which advances or defers to another
1802	fiscal year, any preliminary engineering phase or design phase
1803	estimated to cost over $150,000 in funds appropriated by the
1804	Legislature, except an amendment advancing or deferring a phase
1805	for a period of 90 days or less.
1806	(d)1.  Whenever the department proposes any amendment to
1807	the adopted work program, which amendment is defined in
1808	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1809	subparagraph (c)4., it shall submit the proposed amendment to
1810	the Governor for approval and shall immediately notify the
1811	chairs of the legislative appropriations committees, the chairs
1812	of the legislative transportation committees, each member of the
1813	Legislature who represents a district affected by the proposed
1814	amendment, each metropolitan planning organization affected by
1815	the proposed amendment, and each unit of local government
1816	affected by the proposed amendment. Such proposed amendment
1817	shall provide a complete justification of the need for the
1818	proposed amendment.
1819	2.a.  Whenever the department proposes any amendment to the
1820	adopted work program, which amendment is defined in subparagraph
1821	(c)1., subparagraph (c)2., subparagraph (c)3., or subparagraph
1822	(c)4., to a project or project phase scheduled within the first
1823	3 years of the work program which would have the effect of
1824	deleting or delaying programmed improvements in traffic-carrying
1825	capacity, as typically measured by a local government's
1826	concurrency management system, it shall notify each local
1827	government and each metropolitan planning organization affected
1828	by the amendment. The notification must be sent by either
1829	certified mail or return receipt requested electronic mail to
1830	the chief elected official of each local government and
1831	metropolitan planning organization. Each affected local
1832	government shall have 14 days to provide written comments to the
1833	department regarding how the amendment will impact its
1834	respective concurrency management system, including whether any
1835	development permits were issued contingent upon the capacity
1836	improvement, if applicable, of the subject amendment.
1837	b.  After the department's receipt of written comments from
1838	the affected local governments, the department shall submit the
1839	proposed amendment to the Governor for approval and shall
1840	immediately notify the chairs of the legislative appropriations
1841	committees, the chairs of the legislative transportation
1842	committees, each member of the Legislature who represents a
1843	district affected by the proposed amendment, each metropolitan
1844	planning organization affected by the proposed amendment, and
1845	each unit of local government affected by the proposed
1846	amendment. Such proposed amendment shall provide a complete
1847	justification of the need for the proposed amendment and include
1848	any written comments submitted by the affected local
1849	governments.
1850	3.2.  The Governor shall not approve a proposed amendment
1851	until 14 days following the notification required in
1852	subparagraph 1.
1853	4.3.  If either of the chairs of the legislative
1854	appropriations committees or the President of the Senate or the
1855	Speaker of the House of Representatives objects in writing to a
1856	proposed amendment within 14 days following notification and
1857	specifies the reasons for such objection, the Governor shall
1858	disapprove the proposed amendment.
1859	Section 33.  Section 339.175, Florida Statutes, is amended
1860	to read:
1861	339.175  Metropolitan planning organization.--
1862	(1)  PURPOSE.--It is the intent of the Legislature to
1863	encourage and promote the safe and efficient management,
1864	operation, and development of surface transportation systems
1865	that will serve the mobility needs of people and freight and
1866	foster economic growth and development within and through
1867	urbanized areas of this state while minimizing transportation-
1868	related fuel consumption and air pollution through metropolitan
1869	transportation planning processes identified in this section. To
1870	accomplish these objectives, metropolitan planning
1871	organizations, referred to in this section as M.P.O.'s, shall
1872	develop, in cooperation with the state and public transit
1873	operators, transportation plans and programs for metropolitan
1874	areas. The plans and programs for each metropolitan area must
1875	provide for the development and integrated management and
1876	operation of transportation systems and facilities, including
1877	pedestrian walkways and bicycle transportation facilities that
1878	will function as an intermodal transportation system for the
1879	metropolitan area, based upon the prevailing principles provided
1880	in s. 334.046(1). The process for developing such plans and
1881	programs shall provide for consideration of all modes of
1882	transportation and shall be continuing, cooperative, and
1883	comprehensive, to the degree appropriate, based on the
1884	complexity of the transportation problems to be addressed. To
1885	ensure that the process is integrated with the statewide
1886	planning process, M.P.O.'s shall develop plans and programs that
1887	identify transportation facilities that should function as an
1888	integrated metropolitan transportation system, giving emphasis
1889	to facilities that serve important national, state, and regional
1890	transportation functions. For the purposes of this section,
1891	those facilities include the facilities on the Strategic
1892	Intermodal System designated under s. 339.63 and facilities for
1893	which projects have been identified pursuant to s. 339.2819(4).
1894	(2)(1)  DESIGNATION.--
1895	(a)1.  An M.P.O. shall be designated for each urbanized
1896	area of the state; however, this does not require that an
1897	individual M.P.O. be designated for each such area. Such
1898	designation shall be accomplished by agreement between the
1899	Governor and units of general-purpose local government
1900	representing at least 75 percent of the population of the
1901	urbanized area; however, the unit of general-purpose local
1902	government that represents the central city or cities within the
1903	M.P.O. jurisdiction, as defined by the United States Bureau of
1904	the Census, must be a party to such agreement.
1905	2.  More than one M.P.O. may be designated within an
1906	existing metropolitan planning area only if the Governor and the
1907	existing M.P.O. determine that the size and complexity of the
1908	existing metropolitan planning area makes the designation of
1909	more than one M.P.O. for the area appropriate.
1910	(b)  Each M.P.O. designated in a manner prescribed by Title
1911	23 U.S.C. shall be created and operated under the provisions of
1912	this section pursuant to an interlocal agreement entered into
1913	pursuant to s. 163.01. The signatories to the interlocal
1914	agreement shall be the department and the governmental entities
1915	designated by the Governor for membership on the M.P.O. Each
1916	M.P.O. shall be considered separate from the state or the
1917	governing body of a local government that is represented on the
1918	governing board of the M.P.O. or that is a signatory to the
1919	interlocal agreement creating the M.P.O. and shall have such
1920	powers and privileges as are provided under s. 163.01. If there
1921	is a conflict between this section and s. 163.01, this section
1922	prevails.
1923	(c)  The jurisdictional boundaries of an M.P.O. shall be
1924	determined by agreement between the Governor and the applicable
1925	M.P.O. The boundaries must include at least the metropolitan
1926	planning area, which is the existing urbanized area and the
1927	contiguous area expected to become urbanized within a 20-year
1928	forecast period, and may encompass the entire metropolitan
1929	statistical area or the consolidated metropolitan statistical
1930	area.
1931	(d)  In the case of an urbanized area designated as a
1932	nonattainment area for ozone or carbon monoxide under the Clean
1933	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
1934	metropolitan planning area in existence as of the date of
1935	enactment of this paragraph shall be retained, except that the
1936	boundaries may be adjusted by agreement of the Governor and
1937	affected metropolitan planning organizations in the manner
1938	described in this section. If more than one M.P.O. has authority
1939	within a metropolitan area or an area that is designated as a
1940	nonattainment area, each M.P.O. shall consult with other
1941	M.P.O.'s designated for such area and with the state in the
1942	coordination of plans and programs required by this section.
1943	(e)  The governing body of the M.P.O. shall designate, at a
1944	minimum, a chair, vice chair, and agency clerk. The chair and
1945	vice chair shall be selected from among the member delegates
1946	comprising the governing board. The agency clerk shall be
1947	charged with the responsibility of preparing meeting minutes and
1948	maintaining agency records. The clerk shall be a member of the
1949	M.P.O. governing board, an employee of the M.P.O., or other
1950	natural person.
1951
1952	Each M.P.O. required under this section must be fully operative
1953	no later than 6 months following its designation.
1954	(3)(2)  VOTING MEMBERSHIP.--
1955	(a)  The voting membership of an M.P.O. shall consist of
1956	not fewer than 5 or more than 19 apportioned members, the exact
1957	number to be determined on an equitable geographic-population
1958	ratio basis by the Governor, based on an agreement among the
1959	affected units of general-purpose local government as required
1960	by federal rules and regulations. The Governor, in accordance
1961	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
1962	represent municipalities to alternate with representatives from
1963	other municipalities within the metropolitan planning area that
1964	do not have members on the M.P.O. County commission members
1965	shall compose not less than one-third of the M.P.O. membership,
1966	except for an M.P.O. with more than 15 members located in a
1967	county with a 5-member five-member county commission or an
1968	M.P.O. with 19 members located in a county with no more than 6
1969	county commissioners, in which case county commission members
1970	may compose less than one-third percent of the M.P.O.
1971	membership, but all county commissioners must be members. All
1972	voting members shall be elected officials of general-purpose
1973	local governments, except that an M.P.O. may include, as part of
1974	its apportioned voting members, a member of a statutorily
1975	authorized planning board, an official of an agency that
1976	operates or administers a major mode of transportation, or an
1977	official of the Florida Space Authority. As used in this
1978	section, the term "elected officials of a general-purpose local
1979	government" shall exclude constitutional officers, including
1980	sheriffs, tax collectors, supervisors of elections, property
1981	appraisers, clerks of the court, and similar types of officials.
1982	County commissioners The county commission shall compose not
1983	less than 20 percent of the M.P.O. membership if an official of
1984	an agency that operates or administers a major mode of
1985	transportation has been appointed to an M.P.O.
1986	(b)  In metropolitan areas in which authorities or other
1987	agencies have been or may be created by law to perform
1988	transportation functions and are performing transportation
1989	functions that are not under the jurisdiction of a general-
1990	purpose general purpose local government represented on the
1991	M.P.O., they shall be provided voting membership on the M.P.O.
1992	In all other M.P.O.'s where transportation authorities or
1993	agencies are to be represented by elected officials from
1994	general-purpose general purpose local governments, the M.P.O.
1995	shall establish a process by which the collective interests of
1996	such authorities or other agencies are expressed and conveyed.
1997	(c)  Any other provision of this section to the contrary
1998	notwithstanding, a chartered county with over 1 million
1999	population may elect to reapportion the membership of an M.P.O.
2000	whose jurisdiction is wholly within the county. The charter
2001	county may exercise the provisions of this paragraph if:
2002	1.  The M.P.O. approves the reapportionment plan by a
2003	three-fourths vote of its membership;
2004	2.  The M.P.O. and the charter county determine that the
2005	reapportionment plan is needed to fulfill specific goals and
2006	policies applicable to that metropolitan planning area; and
2007	3.  The charter county determines the reapportionment plan
2008	otherwise complies with all federal requirements pertaining to
2009	M.P.O. membership.
2010
2011	Any charter county that elects to exercise the provisions of
2012	this paragraph shall notify the Governor in writing.
2013	(d)  Any other provision of this section to the contrary
2014	notwithstanding, any county chartered under s. 6(e), Art. VIII
2015	of the State Constitution may elect to have its county
2016	commission serve as the M.P.O., if the M.P.O. jurisdiction is
2017	wholly contained within the county. Any charter county that
2018	elects to exercise the provisions of this paragraph shall so
2019	notify the Governor in writing. Upon receipt of such
2020	notification, the Governor must designate the county commission
2021	as the M.P.O. The Governor must appoint four additional voting
2022	members to the M.P.O., one of whom must be an elected official
2023	representing a municipality within the county, one of whom must
2024	be an expressway authority member, one of whom must be a person
2025	who does not hold elected public office and who resides in the
2026	unincorporated portion of the county, and one of whom must be a
2027	school board member.
2028	(4)(3)  APPORTIONMENT.--
2029	(a)  The Governor shall, with the agreement of the affected
2030	units of general-purpose local government as required by federal
2031	rules and regulations, apportion the membership on the
2032	applicable M.P.O. among the various governmental entities within
2033	the area. At the request of a majority of the affected units of
2034	general-purpose local government comprising an M.P.O., the
2035	Governor and a majority of units of general-purpose local
2036	government serving on an M.P.O. shall cooperatively agree upon
2037	and prescribe who may serve as an alternate member and shall
2038	prescribe a method for appointing alternate members who may vote
2039	at any M.P.O. meeting that an alternate member attends in place
2040	of a regular member. The method shall be set forth as a part of
2041	the interlocal agreement describing the M.P.O.'s membership or
2042	in the M.P.O.'s operating procedures and bylaws. An appointed
2043	alternate member must be an elected official serving the same
2044	governmental entity or a general-purpose local government with
2045	jurisdiction within all or part of the area that the regular
2046	member serves. The governmental entity so designated shall
2047	appoint the appropriate number of members to the M.P.O. from
2048	eligible officials. Representatives of the department shall
2049	serve as nonvoting members of the M.P.O. governing board.
2050	Nonvoting advisers may be appointed by the M.P.O. as deemed
2051	necessary; however, to the maximum extent feasible, each M.P.O.
2052	shall seek to appoint nonvoting representatives of various
2053	multimodal forms of transportation not otherwise represented by
2054	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
2055	advisers representing major military installations located
2056	within the jurisdictional boundaries of the M.P.O. upon the
2057	request of the aforesaid major military installations and
2058	subject to the agreement of the M.P.O. All nonvoting advisers
2059	may attend and participate fully in governing board meetings but
2060	shall not have a vote and shall not be members of the governing
2061	board. The Governor shall review the composition of the M.P.O.
2062	membership in conjunction with the decennial census as prepared
2063	by the United States Department of Commerce, Bureau of the
2064	Census, and reapportion it as necessary to comply with
2065	subsection (3) (2).
2066	(b)  Except for members who represent municipalities on the
2067	basis of alternating with representatives from other
2068	municipalities that do not have members on the M.P.O. as
2069	provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
2070	shall serve 4-year terms. Members who represent municipalities
2071	on the basis of alternating with representatives from other
2072	municipalities that do not have members on the M.P.O. as
2073	provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
2074	years as further provided in the interlocal agreement described
2075	in paragraph (2)(b) (1)(b). The membership of a member who is a
2076	public official automatically terminates upon the member's
2077	leaving his or her elective or appointive office for any reason,
2078	or may be terminated by a majority vote of the total membership
2079	of the entity's governing board a county or city governing
2080	entity represented by the member. A vacancy shall be filled by
2081	the original appointing entity. A member may be reappointed for
2082	one or more additional 4-year terms.
2083	(c)  If a governmental entity fails to fill an assigned
2084	appointment to an M.P.O. within 60 days after notification by
2085	the Governor of its duty to appoint, that appointment shall be
2086	made by the Governor from the eligible representatives of that
2087	governmental entity.
2088	(5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2089	responsibility of an M.P.O. is to manage a continuing,
2090	cooperative, and comprehensive transportation planning process
2091	that, based upon the prevailing principles provided in s.
2092	334.046(1), results in the development of plans and programs
2093	which are consistent, to the maximum extent feasible, with the
2094	approved local government comprehensive plans of the units of
2095	local government the boundaries of which are within the
2096	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2097	cooperative decisionmaking by officials of the affected
2098	governmental entities in the development of the plans and
2099	programs required by subsections (5), (6), (7), and (8), and
2100	(9).
2101	(6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2102	privileges, and authority of an M.P.O. are those specified in
2103	this section or incorporated in an interlocal agreement
2104	authorized under s. 163.01. Each M.P.O. shall perform all acts
2105	required by federal or state laws or rules, now and subsequently
2106	applicable, which are necessary to qualify for federal aid. It
2107	is the intent of this section that each M.P.O. shall be involved
2108	in the planning and programming of transportation facilities,
2109	including, but not limited to, airports, intercity and high-
2110	speed rail lines, seaports, and intermodal facilities, to the
2111	extent permitted by state or federal law.
2112	(a)  Each M.P.O. shall, in cooperation with the department,
2113	develop:
2114	1.  A long-range transportation plan pursuant to the
2115	requirements of subsection (7) (6);
2116	2.  An annually updated transportation improvement program
2117	pursuant to the requirements of subsection (8) (7); and
2118	3.  An annual unified planning work program pursuant to the
2119	requirements of subsection (9) (8).
2120	(b)  In developing the long-range transportation plan and
2121	the transportation improvement program required under paragraph
2122	(a), each M.P.O. shall provide for consideration of projects and
2123	strategies that will:
2124	1.  Support the economic vitality of the metropolitan area,
2125	especially by enabling global competitiveness, productivity, and
2126	efficiency;
2127	2.  Increase the safety and security of the transportation
2128	system for motorized and nonmotorized users;
2129	3.  Increase the accessibility and mobility options
2130	available to people and for freight;
2131	4.  Protect and enhance the environment, promote energy
2132	conservation, and improve quality of life;
2133	5.  Enhance the integration and connectivity of the
2134	transportation system, across and between modes, for people and
2135	freight;
2136	6.  Promote efficient system management and operation; and
2137	7.  Emphasize the preservation of the existing
2138	transportation system.
2139	(c)  In order to provide recommendations to the department
2140	and local governmental entities regarding transportation plans
2141	and programs, each M.P.O. shall:
2142	1.  Prepare a congestion management system for the
2143	metropolitan area and cooperate with the department in the
2144	development of all other transportation management systems
2145	required by state or federal law;
2146	2.  Assist the department in mapping transportation
2147	planning boundaries required by state or federal law;
2148	3.  Assist the department in performing its duties relating
2149	to access management, functional classification of roads, and
2150	data collection;
2151	4.  Execute all agreements or certifications necessary to
2152	comply with applicable state or federal law;
2153	5.  Represent all the jurisdictional areas within the
2154	metropolitan area in the formulation of transportation plans and
2155	programs required by this section; and
2156	6.  Perform all other duties required by state or federal
2157	law.
2158	(d)  Each M.P.O. shall appoint a technical advisory
2159	committee, the members of which shall serve at the pleasure of
2160	the M.P.O. The membership of the technical advisory committee
2161	must include, whenever possible, that includes planners;
2162	engineers; representatives of local aviation authorities, port
2163	authorities, and public transit authorities or representatives
2164	of aviation departments, seaport departments, and public transit
2165	departments of municipal or county governments, as applicable;
2166	the school superintendent of each county within the jurisdiction
2167	of the M.P.O. or the superintendent's designee; and other
2168	appropriate representatives of affected local governments. In
2169	addition to any other duties assigned to it by the M.P.O. or by
2170	state or federal law, the technical advisory committee is
2171	responsible for considering safe access to schools in its review
2172	of transportation project priorities, long-range transportation
2173	plans, and transportation improvement programs, and shall advise
2174	the M.P.O. on such matters. In addition, the technical advisory
2175	committee shall coordinate its actions with local school boards
2176	and other local programs and organizations within the
2177	metropolitan area which participate in school safety activities,
2178	such as locally established community traffic safety teams.
2179	Local school boards must provide the appropriate M.P.O. with
2180	information concerning future school sites and in the
2181	coordination of transportation service.
2182	(e)1.  Each M.P.O. shall appoint a citizens' advisory
2183	committee, the members of which serve at the pleasure of the
2184	M.P.O. The membership on the citizens' advisory committee must
2185	reflect a broad cross section of local residents with an
2186	interest in the development of an efficient, safe, and cost-
2187	effective transportation system. Minorities, the elderly, and
2188	the handicapped must be adequately represented.
2189	2.  Notwithstanding the provisions of subparagraph 1., an
2190	M.P.O. may, with the approval of the department and the
2191	applicable federal governmental agency, adopt an alternative
2192	program or mechanism to ensure citizen involvement in the
2193	transportation planning process.
2194	(f)  The department shall allocate to each M.P.O., for the
2195	purpose of accomplishing its transportation planning and
2196	programming duties, an appropriate amount of federal
2197	transportation planning funds.
2198	(g)  Each M.P.O. shall have an executive or staff director
2199	who reports directly to the M.P.O. governing board for all
2200	matters regarding the administration and operation of the M.P.O.
2201	and any additional personnel as deemed necessary. The executive
2202	director and any additional personnel may be employed either by
2203	an M.P.O. or by another governmental entity, such as a county,
2204	city, or regional planning council, that has a staff services
2205	agreement signed and in effect with the M.P.O. Each M.P.O. may
2206	employ personnel or may enter into contracts with local or state
2207	agencies, private planning firms, or private engineering firms,
2208	or other public or private entities to accomplish its
2209	transportation planning and programming duties and
2210	administrative functions required by state or federal law.
2211	(h)  In order to enhance their knowledge, effectiveness,
2212	and participation in the urbanized area transportation planning
2213	process, each M.P.O. shall provide training opportunities and
2214	training funds specifically for local elected officials and
2215	others who serve on an M.P.O. The training opportunities may be
2216	conducted by an individual M.P.O. or through statewide and
2217	federal training programs and initiatives that are specifically
2218	designed to meet the needs of M.P.O. board members.
2219	(i)(h)  A chair's coordinating committee is created,
2220	composed of the M.P.O.'s serving Hernando, Hillsborough,
2221	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
2222	committee must, at a minimum:
2223	1.  Coordinate transportation projects deemed to be
2224	regionally significant by the committee.
2225	2.  Review the impact of regionally significant land use
2226	decisions on the region.
2227	3.  Review all proposed regionally significant
2228	transportation projects in the respective transportation
2229	improvement programs which affect more than one of the M.P.O.'s
2230	represented on the committee.
2231	4.  Institute a conflict resolution process to address any
2232	conflict that may arise in the planning and programming of such
2233	regionally significant projects.
2234	(j)(i)1.  The Legislature finds that the state's rapid
2235	growth in recent decades has caused many urbanized areas subject
2236	to M.P.O. jurisdiction to become contiguous to each other. As a
2237	result, various transportation projects may cross from the
2238	jurisdiction of one M.P.O. into the jurisdiction of another
2239	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2240	have been mandated, M.P.O.'s shall develop coordination
2241	mechanisms with one another to expand and improve transportation
2242	within the state. The appropriate method of coordination between
2243	M.P.O.'s shall vary depending upon the project involved and
2244	given local and regional needs. Consequently, it is appropriate
2245	to set forth a flexible methodology that can be used by M.P.O.'s
2246	to coordinate with other M.P.O.'s and appropriate political
2247	subdivisions as circumstances demand.
2248	2.  Any M.P.O. may join with any other M.P.O. or any
2249	individual political subdivision to coordinate activities or to
2250	achieve any federal or state transportation planning or
2251	development goals or purposes consistent with federal or state
2252	law. When an M.P.O. determines that it is appropriate to join
2253	with another M.P.O. or any political subdivision to coordinate
2254	activities, the M.P.O. or political subdivision shall enter into
2255	an interlocal agreement pursuant to s. 163.01, which, at a
2256	minimum, creates a separate legal or administrative entity to
2257	coordinate the transportation planning or development activities
2258	required to achieve the goal or purpose; provides provide the
2259	purpose for which the entity is created; provides provide the
2260	duration of the agreement and the entity, and specifies specify
2261	how the agreement may be terminated, modified, or rescinded;
2262	describes describe the precise organization of the entity,
2263	including who has voting rights on the governing board, whether
2264	alternative voting members are provided for, how voting members
2265	are appointed, and what the relative voting strength is for each
2266	constituent M.P.O. or political subdivision; provides provide
2267	the manner in which the parties to the agreement will provide
2268	for the financial support of the entity and payment of costs and
2269	expenses of the entity; provides provide the manner in which
2270	funds may be paid to and disbursed from the entity; and provides
2271	provide how members of the entity will resolve disagreements
2272	regarding interpretation of the interlocal agreement or disputes
2273	relating to the operation of the entity. Such interlocal
2274	agreement shall become effective upon its recordation in the
2275	official public records of each county in which a member of the
2276	entity created by the interlocal agreement has a voting member.
2277	This paragraph does not require any M.P.O.'s to merge, combine,
2278	or otherwise join together as a single M.P.O.
2279	(7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2280	develop a long-range transportation plan that addresses at least
2281	a 20-year planning horizon. The plan must include both
2282	long-range and short-range strategies and must comply with all
2283	other state and federal requirements. The prevailing principles
2284	to be considered in the long-range transportation plan are:
2285	preserving the existing transportation infrastructure; enhancing
2286	Florida's economic competitiveness; and improving travel choices
2287	to ensure mobility. The long-range transportation plan must be
2288	consistent, to the maximum extent feasible, with future land use
2289	elements and the goals, objectives, and policies of the approved
2290	local government comprehensive plans of the units of local
2291	government located within the jurisdiction of the M.P.O. The
2292	approved long-range transportation plan must be considered by
2293	local governments in the development of the transportation
2294	elements in local government comprehensive plans and any
2295	amendments thereto. The long-range transportation plan must, at
2296	a minimum:
2297	(a)  Identify transportation facilities, including, but not
2298	limited to, major roadways, airports, seaports, spaceports,
2299	commuter rail systems, transit systems, and intermodal or
2300	multimodal terminals that will function as an integrated
2301	metropolitan transportation system. The long-range
2302	transportation plan must give emphasis to those transportation
2303	facilities that serve national, statewide, or regional
2304	functions, and must consider the goals and objectives identified
2305	in the Florida Transportation Plan as provided in s. 339.155. If
2306	a project is located within the boundaries of more than one
2307	M.P.O., the M.P.O.'s must coordinate plans regarding the project
2308	in the long-range transportation plan.
2309	(b)  Include a financial plan that demonstrates how the
2310	plan can be implemented, indicating resources from public and
2311	private sources which are reasonably expected to be available to
2312	carry out the plan, and recommends any additional financing
2313	strategies for needed projects and programs. The financial plan
2314	may include, for illustrative purposes, additional projects that
2315	would be included in the adopted long-range transportation plan
2316	if reasonable additional resources beyond those identified in
2317	the financial plan were available. For the purpose of developing
2318	the long-range transportation plan, the M.P.O. and the
2319	department shall cooperatively develop estimates of funds that
2320	will be available to support the plan implementation. Innovative
2321	financing techniques may be used to fund needed projects and
2322	programs. Such techniques may include the assessment of tolls,
2323	the use of value capture financing, or the use of value pricing.
2324	(c)  Assess capital investment and other measures necessary
2325	to:
2326	1.  Ensure the preservation of the existing metropolitan
2327	transportation system including requirements for the operation,
2328	resurfacing, restoration, and rehabilitation of major roadways
2329	and requirements for the operation, maintenance, modernization,
2330	and rehabilitation of public transportation facilities; and
2331	2.  Make the most efficient use of existing transportation
2332	facilities to relieve vehicular congestion and maximize the
2333	mobility of people and goods.
2334	(d)  Indicate, as appropriate, proposed transportation
2335	enhancement activities, including, but not limited to,
2336	pedestrian and bicycle facilities, scenic easements,
2337	landscaping, historic preservation, mitigation of water
2338	pollution due to highway runoff, and control of outdoor
2339	advertising.
2340	(e)  In addition to the requirements of paragraphs (a)-(d),
2341	in metropolitan areas that are classified as nonattainment areas
2342	for ozone or carbon monoxide, the M.P.O. must coordinate the
2343	development of the long-range transportation plan with the State
2344	Implementation Plan developed pursuant to the requirements of
2345	the federal Clean Air Act.
2346
2347	In the development of its long-range transportation plan, each
2348	M.P.O. must provide the public, affected public agencies,
2349	representatives of transportation agency employees, freight
2350	shippers, providers of freight transportation services, private
2351	providers of transportation, representatives of users of public
2352	transit, and other interested parties with a reasonable
2353	opportunity to comment on the long-range transportation plan.
2354	The long-range transportation plan must be approved by the
2355	M.P.O.
2356	(8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2357	shall, in cooperation with the state and affected public
2358	transportation operators, develop a transportation improvement
2359	program for the area within the jurisdiction of the M.P.O. In
2360	the development of the transportation improvement program, each
2361	M.P.O. must provide the public, affected public agencies,
2362	representatives of transportation agency employees, freight
2363	shippers, providers of freight transportation services, private
2364	providers of transportation, representatives of users of public
2365	transit, and other interested parties with a reasonable
2366	opportunity to comment on the proposed transportation
2367	improvement program.
2368	(a)  Each M.P.O. is responsible for developing, annually, a
2369	list of project priorities and a transportation improvement
2370	program. The prevailing principles to be considered by each
2371	M.P.O. when developing a list of project priorities and a
2372	transportation improvement program are: preserving the existing
2373	transportation infrastructure; enhancing Florida's economic
2374	competitiveness; and improving travel choices to ensure
2375	mobility. The transportation improvement program will be used to
2376	initiate federally aided transportation facilities and
2377	improvements as well as other transportation facilities and
2378	improvements including transit, rail, aviation, spaceport, and
2379	port facilities to be funded from the State Transportation Trust
2380	Fund within its metropolitan area in accordance with existing
2381	and subsequent federal and state laws and rules and regulations
2382	related thereto. The transportation improvement program shall be
2383	consistent, to the maximum extent feasible, with the approved
2384	local government comprehensive plans of the units of local
2385	government whose boundaries are within the metropolitan area of
2386	the M.P.O. and include those projects programmed pursuant to s.
2387	339.2819(4).
2388	(b)  Each M.P.O. annually shall prepare a list of project
2389	priorities and shall submit the list to the appropriate district
2390	of the department by October 1 of each year; however, the
2391	department and a metropolitan planning organization may, in
2392	writing, agree to vary this submittal date. The list of project
2393	priorities must be formally reviewed by the technical and
2394	citizens' advisory committees, and approved by the M.P.O.,
2395	before it is transmitted to the district. The approved list of
2396	project priorities must be used by the district in developing
2397	the district work program and must be used by the M.P.O. in
2398	developing its transportation improvement program. The annual
2399	list of project priorities must be based upon project selection
2400	criteria that, at a minimum, consider the following:
2401	1.  The approved M.P.O. long-range transportation plan;
2402	2.  The Strategic Intermodal System Plan developed under s.
2403	339.64.
2404	3.  The priorities developed pursuant to s. 339.2819(4).
2405	4.  The results of the transportation management systems;
2406	and
2407	5.  The M.P.O.'s public-involvement procedures.
2408	(c)  The transportation improvement program must, at a
2409	minimum:
2410	1.  Include projects and project phases to be funded with
2411	state or federal funds within the time period of the
2412	transportation improvement program and which are recommended for
2413	advancement during the next fiscal year and 4 subsequent fiscal
2414	years. Such projects and project phases must be consistent, to
2415	the maximum extent feasible, with the approved local government
2416	comprehensive plans of the units of local government located
2417	within the jurisdiction of the M.P.O. For informational
2418	purposes, the transportation improvement program shall also
2419	include a list of projects to be funded from local or private
2420	revenues.
2421	2.  Include projects within the metropolitan area which are
2422	proposed for funding under 23 U.S.C. s. 134 of the Federal
2423	Transit Act and which are consistent with the long-range
2424	transportation plan developed under subsection (7) (6).
2425	3.  Provide a financial plan that demonstrates how the
2426	transportation improvement program can be implemented; indicates
2427	the resources, both public and private, that are reasonably
2428	expected to be available to accomplish the program; identifies
2429	any innovative financing techniques that may be used to fund
2430	needed projects and programs; and may include, for illustrative
2431	purposes, additional projects that would be included in the
2432	approved transportation improvement program if reasonable
2433	additional resources beyond those identified in the financial
2434	plan were available. Innovative financing techniques may include
2435	the assessment of tolls, the use of value capture financing, or
2436	the use of value pricing. The transportation improvement program
2437	may include a project or project phase only if full funding can
2438	reasonably be anticipated to be available for the project or
2439	project phase within the time period contemplated for completion
2440	of the project or project phase.
2441	4.  Group projects and project phases of similar urgency
2442	and anticipated staging into appropriate staging periods.
2443	5.  Indicate how the transportation improvement program
2444	relates to the long-range transportation plan developed under
2445	subsection (7) (6), including providing examples of specific
2446	projects or project phases that further the goals and policies
2447	of the long-range transportation plan.
2448	6.  Indicate whether any project or project phase is
2449	inconsistent with an approved comprehensive plan of a unit of
2450	local government located within the jurisdiction of the M.P.O.
2451	If a project is inconsistent with an affected comprehensive
2452	plan, the M.P.O. must provide justification for including the
2453	project in the transportation improvement program.
2454	7.  Indicate how the improvements are consistent, to the
2455	maximum extent feasible, with affected seaport, airport, and
2456	spaceport master plans and with public transit development plans
2457	of the units of local government located within the jurisdiction
2458	of the M.P.O. If a project is located within the boundaries of
2459	more than one M.P.O., the M.P.O.'s must coordinate plans
2460	regarding the project in the transportation improvement program.
2461	(d)  Projects included in the transportation improvement
2462	program and that have advanced to the design stage of
2463	preliminary engineering may be removed from or rescheduled in a
2464	subsequent transportation improvement program only by the joint
2465	action of the M.P.O. and the department. Except when recommended
2466	in writing by the district secretary for good cause, any project
2467	removed from or rescheduled in a subsequent transportation
2468	improvement program shall not be rescheduled by the M.P.O. in
2469	that subsequent program earlier than the 5th year of such
2470	program.
2471	(e)  During the development of the transportation
2472	improvement program, the M.P.O. shall, in cooperation with the
2473	department and any affected public transit operation, provide
2474	citizens, affected public agencies, representatives of
2475	transportation agency employees, freight shippers, providers of
2476	freight transportation services, private providers of
2477	transportation, representatives of users of public transit, and
2478	other interested parties with reasonable notice of and an
2479	opportunity to comment on the proposed program.
2480	(f)  The adopted annual transportation improvement program
2481	for M.P.O.'s in nonattainment or maintenance areas must be
2482	submitted to the district secretary and the Department of
2483	Community Affairs at least 90 days before the submission of the
2484	state transportation improvement program by the department to
2485	the appropriate federal agencies. The annual transportation
2486	improvement program for M.P.O.'s in attainment areas must be
2487	submitted to the district secretary and the Department of
2488	Community Affairs at least 45 days before the department submits
2489	the state transportation improvement program to the appropriate
2490	federal agencies; however, the department, the Department of
2491	Community Affairs, and a metropolitan planning organization may,
2492	in writing, agree to vary this submittal date. The Governor or
2493	the Governor's designee shall review and approve each
2494	transportation improvement program and any amendments thereto.
2495	(g)  The Department of Community Affairs shall review the
2496	annual transportation improvement program of each M.P.O. for
2497	consistency with the approved local government comprehensive
2498	plans of the units of local government whose boundaries are
2499	within the metropolitan area of each M.P.O. and shall identify
2500	those projects that are inconsistent with such comprehensive
2501	plans. The Department of Community Affairs shall notify an
2502	M.P.O. of any transportation projects contained in its
2503	transportation improvement program which are inconsistent with
2504	the approved local government comprehensive plans of the units
2505	of local government whose boundaries are within the metropolitan
2506	area of the M.P.O.
2507	(h)  The M.P.O. shall annually publish or otherwise make
2508	available for public review the annual listing of projects for
2509	which federal funds have been obligated in the preceding year.
2510	Project monitoring systems must be maintained by those agencies
2511	responsible for obligating federal funds and made accessible to
2512	the M.P.O.'s.
2513	(9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2514	develop, in cooperation with the department and public
2515	transportation providers, a unified planning work program that
2516	lists all planning tasks to be undertaken during the program
2517	year. The unified planning work program must provide a complete
2518	description of each planning task and an estimated budget
2519	therefor and must comply with applicable state and federal law.
2520	(10)(9)  AGREEMENTS.--
2521	(a)  Each M.P.O. shall execute the following written
2522	agreements, which shall be reviewed, and updated as necessary,
2523	every 5 years:
2524	1.  An agreement with the department clearly establishing
2525	the cooperative relationship essential to accomplish the
2526	transportation planning requirements of state and federal law.
2527	2.  An agreement with the metropolitan and regional
2528	intergovernmental coordination and review agencies serving the
2529	metropolitan areas, specifying the means by which activities
2530	will be coordinated and how transportation planning and
2531	programming will be part of the comprehensive planned
2532	development of the area.
2533	3.  An agreement with operators of public transportation
2534	systems, including transit systems, commuter rail systems,
2535	airports, seaports, and spaceports, describing the means by
2536	which activities will be coordinated and specifying how public
2537	transit, commuter rail, aviation, seaport, and aerospace
2538	planning and programming will be part of the comprehensive
2539	planned development of the metropolitan area.
2540	(b)  An M.P.O. may execute other agreements required by
2541	state or federal law or as necessary to properly accomplish its
2542	functions.
2543	(11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
2544	COUNCIL.--
2545	(a)  A Metropolitan Planning Organization Advisory Council
2546	is created to augment, and not supplant, the role of the
2547	individual M.P.O.'s in the cooperative transportation planning
2548	process described in this section.
2549	(b)  The council shall consist of one representative from
2550	each M.P.O. and shall elect a chairperson annually from its
2551	number. Each M.P.O. shall also elect an alternate representative
2552	from each M.P.O. to vote in the absence of the representative.
2553	Members of the council do not receive any compensation for their
2554	services, but may be reimbursed from funds made available to
2555	council members for travel and per diem expenses incurred in the
2556	performance of their council duties as provided in s. 112.061.
2557	(c)  The powers and duties of the Metropolitan Planning
2558	Organization Advisory Council are to:
2559	1.  Enter into contracts with individuals, private
2560	corporations, and public agencies.
2561	2.  Acquire, own, operate, maintain, sell, or lease
2562	personal property essential for the conduct of business.
2563	3.  Accept funds, grants, assistance, gifts, or bequests
2564	from private, local, state, or federal sources.
2565	4.  Establish bylaws and adopt rules pursuant to ss.
2566	120.536(1) and 120.54 to implement provisions of law conferring
2567	powers or duties upon it.
2568	5.  Assist M.P.O.'s in carrying out the urbanized area
2569	transportation planning process by serving as the principal
2570	forum for collective policy discussion pursuant to law.
2571	6.  Serve as a clearinghouse for review and comment by
2572	M.P.O.'s on the Florida Transportation Plan and on other issues
2573	required to comply with federal or state law in carrying out the
2574	urbanized area transportation and systematic planning processes
2575	instituted pursuant to s. 339.155.
2576	7.  Employ an executive director and such other staff as
2577	necessary to perform adequately the functions of the council,
2578	within budgetary limitations. The executive director and staff
2579	are exempt from part II of chapter 110 and serve at the
2580	direction and control of the council. The council is assigned to
2581	the Office of the Secretary of the Department of Transportation
2582	for fiscal and accountability purposes, but it shall otherwise
2583	function independently of the control and direction of the
2584	department.
2585	8.  Adopt an agency strategic plan that provides the
2586	priority directions the agency will take to carry out its
2587	mission within the context of the state comprehensive plan and
2588	any other statutory mandates and directions given to the agency.
2589	(12)(11)  APPLICATION OF FEDERAL LAW.--Upon notification by
2590	an agency of the Federal Government that any provision of this
2591	section conflicts with federal laws or regulations, such federal
2592	laws or regulations will take precedence to the extent of the
2593	conflict until such conflict is resolved. The department or an
2594	M.P.O. may take any necessary action to comply with such federal
2595	laws and regulations or to continue to remain eligible to
2596	receive federal funds.
2597	(13)(12)  VOTING REQUIREMENTS.--Each long-range
2598	transportation plan required pursuant to subsection (7) (6),
2599	each annually updated Transportation Improvement Program
2600	required under subsection (8) (7), and each amendment that
2601	affects projects in the first 3 years of such plans and programs
2602	must be approved by each M.P.O. on a recorded roll call vote, or
2603	hand-counted vote, of a majority of the membership present.
2604	Section 34.  Subsection (2) of section 339.2819, Florida
2605	Statutes, is amended to read:
2606	339.2819  Transportation Regional Incentive Program.--
2607	(2)  The percentage of matching funds provided from the
2608	Transportation Regional Incentive Program shall be 50 percent of
2609	project costs, or up to 50 percent of the nonfederal share of
2610	the eligible project cost for a public transportation facility
2611	project.
2612	Section 35.  Section 339.282, Florida Statutes, is created
2613	to read:
2614	339.282  Transportation concurrency incentives.--The
2615	Legislature finds that allowing private-sector entities to
2616	finance, construct, and improve public transportation facilities
2617	can provide significant benefits to the citizens of this state
2618	by facilitating transportation of the general public without the
2619	need for additional public tax revenues. In order to encourage
2620	the more efficient and proactive provision of transportation
2621	improvements by the private sector, if a developer or property
2622	owner voluntarily contributes right-of-way and physically
2623	constructs or expands a state transportation facility or segment
2624	and such construction or expansion improves traffic flow,
2625	capacity, or safety, the voluntary contribution may be applied
2626	as a credit for that property owner or developer against any
2627	future transportation concurrency requirement pursuant to
2628	chapter 163, provided such contributions and credits are set
2629	forth in a legally binding agreement executed by the property
2630	owner or developer, the local government within whose
2631	jurisdiction the facility is located, and the department. If the
2632	developer or property owner voluntarily contributes right-of-way
2633	and physically constructs or expands a local government facility
2634	or segment and such construction or expansion meets the
2635	requirements in this section and in a legally binding agreement
2636	between the property owner or developer and the applicable local
2637	government, the contribution to the local government collector
2638	and the arterial system may be applied as credit against any
2639	future transportation concurrency requirements within the
2640	jurisdiction pursuant to chapter 163.
2641	Section 36.  Subsection (4) of section 339.55, Florida
2642	Statutes, is amended, and paragraph (c) is added to subsection
2643	(2) and paragraph (j) is added to subsection (7) of that
2644	section, to read:
2645	339.55  State-funded infrastructure bank.--
2646	(2)  The bank may lend capital costs or provide credit
2647	enhancements for:
2648	(c)1.  Emergency loans for damages incurred to public-use
2649	commercial deepwater seaports, public-use airports, and other
2650	public-use transit and intermodal facilities that are within an
2651	area that is part of an official state declaration of emergency
2652	pursuant to chapter 252 and all other applicable laws. Such
2653	loans:
2654	a.  May not exceed 24 months in duration except in extreme
2655	circumstances, for which the Secretary of Transportation may
2656	grant up to 36 months upon making written findings specifying
2657	the conditions requiring a 36-month term.
2658	b.  Require application from the recipient to the
2659	department that includes documentation of damage claims filed
2660	with the Federal Emergency Management Agency or an applicable
2661	insurance carrier and documentation of the recipient's overall
2662	financial condition.
2663	c.  Are subject to approval by the Secretary of
2664	Transportation and the Legislative Budget Commission.
2665	2.  Loans provided under this paragraph must be repaid upon
2666	receipt by the recipient of eligible program funding for damages
2667	in accordance with the claims filed with the Federal Emergency
2668	Management Agency or an applicable insurance carrier, but no
2669	later than the duration of the loan.
2670	(4)  Loans from the bank may bear interest at or below
2671	market interest rates, as determined by the department.
2672	Repayment of any loan from the bank shall commence not later
2673	than 5 years after the project has been completed or, in the
2674	case of a highway project, the facility has opened to traffic,
2675	whichever is later, and shall be repaid in no more than 30
2676	years, except for loans provided under paragraph (2)(c), which
2677	shall be repaid in no more than 36 months.
2678	(7)  The department may consider, but is not limited to,
2679	the following criteria for evaluation of projects for assistance
2680	from the bank:
2681	(j)  The extent to which damage from a disaster that
2682	results in a declaration of emergency has impacted a public
2683	transportation facility's ability to maintain its previous level
2684	of service and remain accessible to the public or has had a
2685	major impact on the cash flow or revenue-generation ability of
2686	the public-use facility.
2687	Section 37.  Section 339.63, Florida Statutes, is amended
2688	to read:
2689	339.63  System facilities designated; additions and
2690	deletions.--
2691	(1)  The initial Strategic Intermodal System shall include
2692	all facilities that meet the criteria recommended by the
2693	Strategic Intermodal Steering Committee in a report titled
2694	"Steering Committee Final Report: Recommendations for
2695	Designating Florida's Strategic Intermodal System" dated
2696	December 2002.
2697	(2)  The Strategic Intermodal System and the Emerging
2698	Strategic Intermodal System include three different types of
2699	facilities, each of which forms one component of an
2700	interconnected transportation system:
2701	(a)  Existing or planned hubs, which are ports and
2702	terminals, including airports, seaports, spaceports, passenger
2703	terminals, and rail terminals that move goods or people between
2704	regions in this state or between this state and markets in other
2705	states or nations;
2706	(b)  Existing or planned corridors, which are highways,
2707	rail lines, waterways, and other exclusive-use facilities that
2708	connect major markets within this state or between this state
2709	and other states or nations; and
2710	(c)  Existing or planned intermodal connectors, which are
2711	highways, rail lines, or waterways that connect hubs and
2712	corridors.
2713	(3)  Subsequent to the initial designation of the Strategic
2714	Intermodal System pursuant to subsection (1), the department
2715	Secretary of Transportation shall, in coordination with the
2716	metropolitan planning organizations, local governments, regional
2717	planning councils, transportation providers, and affected public
2718	agencies, periodically add facilities to or delete facilities
2719	from the Strategic Intermodal System described in paragraphs
2720	(2)(b) and (c) based upon adopted criteria adopted by the
2721	department.
2722	(4)  Subsequent to the initial designation of the Strategic
2723	Intermodal System pursuant to subsection (1), the department
2724	shall, in coordination with the metropolitan planning
2725	organizations, local governments, regional planning councils,
2726	transportation providers, and affected public agencies, add
2727	facilities to or delete facilities from the Strategic Intermodal
2728	System described in paragraph (2)(a) based upon meeting at least
2729	one of the specific criteria as follows:
2730	(a)  Strategic Intermodal System airports.--Commercial
2731	service airports that provide service to no less than 0.25
2732	percent of total United States passenger enplanements or that
2733	handle no less than 0.25 percent of total United States air
2734	freight and mail tonnage annually.
2735	(b)  Emerging Strategic Intermodal System airports based on
2736	activity.--Commercial service airports that provide commercial
2737	service to no less than 0.05 percent of total United States
2738	passenger enplanements, or that handle no less than 0.05 percent
2739	of total United States air freight and mail tonnage annually,
2740	and are located more than 50 miles from the closest Strategic
2741	Intermodal System commercial service airport.
2742	(c)  Emerging Strategic Intermodal System airports based on
2743	economic connectivity.--Commercial service airports that serve
2744	clusters of aviation-dependent industries, are located in or
2745	adjacent to counties with projected population growth among the
2746	top 25 percent statewide, and are located more than 50 miles
2747	from a Strategic Intermodal System commercial service airport.
2748	(d)  General aviation reliever airports.--General aviation
2749	reliever airports that have at least 75,000 itinerant operations
2750	per year, have a runway length of at least 5,500 linear feet,
2751	are capable of handling aircraft weighing at least 60,000 pounds
2752	with a dual wheel configuration which are served by at least one
2753	precision instrument approach, and serve a cluster of aviation-
2754	dependent industries.
2755	(e)  Strategic Intermodal System spaceports.--Operating
2756	spaceports handling commercial or military freight payloads.
2757	(f)  Strategic Intermodal System seaports.--Deepwater
2758	seaports that provide service to no less than 250,000 homeport
2759	passengers per year or that handle no less than 0.25 percent of
2760	total United States waterborne freight tonnage or total United
2761	States waterborne container movements annually.
2762	(g)  Emerging Strategic Intermodal System seaports based on
2763	activity.--Deepwater seaports that provide service to no less
2764	than 50,000 homeport passengers per year, or that handle no less
2765	than 0.05 percent of total United States waterborne freight
2766	tonnage or total United States waterborne container movements
2767	annually, and are located more than 50 miles from the closest
2768	Strategic Intermodal System seaport.
2769	(h)  Emerging Strategic Intermodal System seaports based on
2770	economic connectivity.--Deepwater seaports that serve industries
2771	dependent on waterborne transportation service located in or
2772	adjacent to counties with projected population growth among the
2773	top 25 percent statewide and are located more than 50 miles from
2774	the closest Strategic Intermodal System seaport.
2775	(i)  Strategic Intermodal System passenger
2776	terminals.--Terminals that serve no less than 100,000
2777	interregional or interstate passengers annually.
2778	(j)  Emerging Strategic Intermodal System passenger
2779	terminals based on activity.--Terminals that serve no less than
2780	50,000 interregional or interstate passengers annually and are
2781	located more than 50 miles from the nearest Strategic Intermodal
2782	System passenger terminal at which service by the same operator
2783	is provided.
2784	(k)  Emerging Strategic Intermodal System passenger rail
2785	terminals based on economic connectivity.--Terminals that serve
2786	4-year colleges and universities and clusters of tourism
2787	activity, are located in or adjacent to counties with projected
2788	population growth among the top 25 percent statewide, and are
2789	located more than 50 miles from the closest Strategic Intermodal
2790	System passenger terminal.
2791	(l)  Strategic Intermodal System freight rail
2792	terminals.--Terminals that handle no less than 0.25 percent of
2793	United States total rail freight activity annually.
2794	(m)  Emerging Strategic Intermodal System freight rail
2795	terminals based on activity.--Terminals that handle no less than
2796	0.05 percent of United States total rail freight activity
2797	annually.
2798	(n)  Emerging Strategic Intermodal System freight rail
2799	terminals based on economic connectivity.--Terminals that serve
2800	clusters of rail-dependent industries, are located in or
2801	adjacent to counties with projected employment growth among the
2802	top 25 percent statewide, and are located more than 50 miles
2803	from the closest Strategic Intermodal System freight rail
2804	terminal.
2805	(5)  Subsequent to the initial designation of the Strategic
2806	Intermodal System pursuant to subsection (1), the department
2807	shall, in coordination with the metropolitan planning
2808	organizations, local governments, regional planning councils,
2809	transportation providers, and affected public agencies, add
2810	planned facilities to or delete planned facilities from the
2811	Strategic Intermodal System described in paragraph (2)(a) based
2812	upon meeting the specific criteria as follows:
2813	(a)  Criteria and thresholds.--The planned facility or
2814	service is projected to meet all applicable Strategic Intermodal
2815	System or Emerging Strategic Intermodal System criteria and
2816	thresholds within the first 3 years of operation.
2817	(b)  Financial feasibility.--The planned facility or
2818	service is financially feasible.
2819	Section 38.  Subsection (2) of section 341.071, Florida
2820	Statutes, is amended to read:
2821	341.071  Transit productivity and performance measures;
2822	reports.--
2823	(2)  Each public transit provider shall establish
2824	productivity and performance measures, which must be approved by
2825	the department and which must be selected from measures
2826	developed pursuant to s. 341.041(3). Each provider shall, by
2827	January 31 of each year, report annually to the department
2828	relative to these measures. In approving these measures, the
2829	department shall give consideration to the goals and objectives
2830	of each system, the needs of the local area, and the role for
2831	public transit in the local area. The report shall also
2832	specifically address potential enhancements to productivity and
2833	performance which would have the effect of increasing farebox
2834	recovery ratio.
2835	Section 39.  Paragraph (a) of subsection (2) of section
2836	343.81, Florida Statutes, is amended to read:
2837	343.81  Northwest Florida Transportation Corridor
2838	Authority.--
2839	(2)(a)  The governing body of the authority shall consist
2840	of eight voting members, one each from Escambia, Santa Rosa,
2841	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
2842	appointed by the Governor to a 4-year term. The appointees shall
2843	be residents of their respective counties and may not hold an
2844	elected office. Upon the effective date of his or her
2845	appointment, or as soon thereafter as practicable, each
2846	appointed member of the authority shall enter upon his or her
2847	duties. Each appointed member shall hold office until his or her
2848	successor has been appointed and has qualified. A vacancy
2849	occurring during a term shall be filled only for the balance of
2850	the unexpired term. Any member of the authority shall be
2851	eligible for reappointment. Members of the authority may be
2852	removed from office by the Governor for misconduct, malfeasance,
2853	misfeasance, or nonfeasance in office.
2854	Section 40.  The amendments made by this act to s. 343.81,
2855	Florida Statutes, prohibiting the appointment of a person
2856	holding an elected office to the Northwest Florida
2857	Transportation Corridor Authority shall not prohibit any member
2858	appointed prior to the effective date of this act from
2859	completing his or her current term, and the prohibition shall
2860	apply only to members appointed after the effective date of this
2861	act and shall not preclude the reappointment of any existing
2862	members.
2863	Section 41.  Subsection (2) of section 343.82, Florida
2864	Statutes, is amended to read:
2865	343.82  Purposes and powers.--
2866	(2)(a)  The authority is authorized to construct any feeder
2867	roads, reliever roads, connector roads, bypasses, or appurtenant
2868	facilities that are intended to improve mobility along the U.S.
2869	98 corridor. The transportation improvement projects may also
2870	include all necessary approaches, roads, bridges, and avenues of
2871	access that are desirable and proper with the concurrence, where
2872	applicable, of the department if the project is to be part of
2873	the State Highway System or the respective county or municipal
2874	governing boards. Any transportation facilities constructed by
2875	the authority may be tolled.
2876	(b)  Notwithstanding any special act to the contrary, the
2877	authority shall plan for and study the feasibility of
2878	constructing, operating, and maintaining a bridge or bridges
2879	spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
2880	access roads to such bridge or bridges, including studying the
2881	environmental and economic feasibility of such bridge or
2882	bridges and access roads, and such other transportation
2883	facilities that become part of such bridge system. The authority
2884	may construct, operate, and maintain the bridge system if the
2885	authority determines that the bridge system project is feasible
2886	and consistent with the authority's primary purpose and master
2887	plan.
2888	Section 42.  Subsection (9) of section 348.0004, Florida
2889	Statutes, is amended to read:
2890	348.0004  Purposes and powers.--
2891	(9)  The Legislature declares that there is a public need
2892	for rapid construction of safe and efficient transportation
2893	facilities for travel within the state and that it is in the
2894	public's interest to provide for public-private partnership
2895	agreements to effectuate the construction of additional safe,
2896	convenient, and economical transportation facilities.
2897	(a)  Notwithstanding any other provision of the Florida
2898	Expressway Authority Act, any expressway authority,
2899	transportation authority, bridge authority, or toll authority
2900	established under this part or any other statute may receive or
2901	solicit proposals and enter into agreements with private
2902	entities, or consortia thereof, for the building, operation,
2903	ownership, or financing of expressway authority transportation
2904	facilities or new transportation facilities within the
2905	jurisdiction of the expressway authority. An expressway
2906	authority is authorized to adopt rules to implement this
2907	subsection and shall, by rule, establish an application fee for
2908	the submission of unsolicited proposals under this subsection.
2909	The fee must be sufficient to pay the costs of evaluating the
2910	proposals. An expressway authority may engage private
2911	consultants to assist in the evaluation. Before approval, an
2912	expressway authority must determine that a proposed project:
2913	1.  Is in the public's best interest.
2914	2.  Would not require state funds to be used unless the
2915	project is on or provides increased mobility on the State
2916	Highway System.
2917	3.  Would have adequate safeguards to ensure that no
2918	additional costs or service disruptions would be realized by the
2919	traveling public and residents citizens of the state in the
2920	event of default or the cancellation of the agreement by the
2921	expressway authority.
2922	(b)  An expressway authority shall ensure that all
2923	reasonable costs to the state which are, related to
2924	transportation facilities that are not part of the State Highway
2925	System, are borne by the private entity. An expressway authority
2926	shall also ensure that all reasonable costs to the state and
2927	substantially affected local governments and utilities related
2928	to the private transportation facility are borne by the private
2929	entity for transportation facilities that are owned by private
2930	entities. For projects on the State Highway System, the
2931	department may use state resources to participate in funding and
2932	financing the project as provided for under the department's
2933	enabling legislation.
2934	(c)  The expressway authority may request proposals for
2935	public-private transportation projects or, if it receives an
2936	unsolicited proposal, it must publish a notice in the Florida
2937	Administrative Weekly and a newspaper of general circulation in
2938	the county in which it is located at least once a week for 2
2939	weeks, stating that it has received the proposal and will
2940	accept, for 60 days after the initial date of publication, other
2941	proposals for the same project purpose. A copy of the notice
2942	must be mailed to each local government in the affected areas.
2943	After the public notification period has expired, the expressway
2944	authority shall rank the proposals in order of preference. In
2945	ranking the proposals, the expressway authority shall consider
2946	professional qualifications, general business terms, innovative
2947	engineering or cost-reduction terms, finance plans, and the need
2948	for state funds to deliver the proposal. If the expressway
2949	authority is not satisfied with the results of the negotiations,
2950	it may, at its sole discretion, terminate negotiations with the
2951	proposer. If these negotiations are unsuccessful, the expressway
2952	authority may go to the second and lower-ranked firms, in order,
2953	using the same procedure. If only one proposal is received, the
2954	expressway authority may negotiate in good faith, and if it is
2955	not satisfied with the results, it may, at its sole discretion,
2956	terminate negotiations with the proposer. Notwithstanding this
2957	paragraph, the expressway authority may, at its discretion,
2958	reject all proposals at any point in the process up to
2959	completion of a contract with the proposer.
2960	(d)  The department may lend funds from the Toll Facilities
2961	Revolving Trust Fund, as outlined in s. 338.251, to public-
2962	private partnerships. To be eligible, a private entity must
2963	comply with s. 338.251 and must provide an indication from a
2964	nationally recognized rating agency that the senior bonds for
2965	the project will be investment grade or must provide credit
2966	support, such as a letter of credit or other means acceptable to
2967	the department, to ensure that the loans will be fully repaid.
2968	(e)  Agreements entered into pursuant to this subsection
2969	may authorize the public-private entity to impose tolls or fares
2970	for the use of the facility. However, the amount and use of toll
2971	or fare revenues shall be regulated by the expressway authority
2972	to avoid unreasonable costs to users of the facility.
2973	(f)  Agreements entered into pursuant to this section may
2974	lease existing toll facilities through public-private
2975	partnerships. If the agreement for leasing an existing toll
2976	facility does not include provisions for additional capacity,
2977	the project and the provisions of the agreement must be approved
2978	by the Florida Transportation Commission.
2979	(g)(f)  Each public-private transportation facility
2980	constructed pursuant to this subsection shall comply with all
2981	requirements of federal, state, and local laws; state, regional,
2982	and local comprehensive plans; the expressway authority's rules,
2983	policies, procedures, and standards for transportation
2984	facilities; and any other conditions that the expressway
2985	authority determines to be in the public's best interest.
2986	(h)(g)  An expressway authority may exercise any power
2987	possessed by it, including eminent domain, to facilitate the
2988	development and construction of transportation projects pursuant
2989	to this subsection. An expressway authority may pay all or part
2990	of the cost of operating and maintaining the facility or may
2991	provide services to the private entity for which it receives
2992	full or partial reimbursement for services rendered.
2993	(i)(h)  Except as herein provided, this subsection is not
2994	intended to amend existing laws by granting additional powers to
2995	or further restricting the governmental entities from regulating
2996	and entering into cooperative arrangements with the private
2997	sector for the planning, construction, and operation of
2998	transportation facilities. Use of the powers granted in this
2999	subsection may not subject a statutorily created expressway
3000	authority, transportation authority, bridge authority, or toll
3001	authority, other than one statutorily created under this part,
3002	to any of the requirements of this part other than those
3003	contained in this subsection.
3004	Section 43.  Section 348.0012, Florida Statutes, is amended
3005	to read:
3006	348.0012  Exemptions from applicability.--The Florida
3007	Expressway Authority Act does not apply:
3008	(1)  In a county in which an expressway authority has been
3009	created pursuant to parts II-IX of this chapter, except as
3010	expressly provided in this part; or
3011	(2)  To a transportation authority created pursuant to
3012	chapter 349.
3013	Section 44.  Paragraph (l) of subsection (2) of section
3014	348.243, Florida Statutes, is amended to read:
3015	348.243  Purposes and powers.--
3016	(2)  The authority is granted, and shall have and may
3017	exercise, all powers necessary, appurtenant, convenient, or
3018	incidental to the carrying out of the aforesaid purposes,
3019	including, but not limited to, the following rights and powers:
3020	(l)  To enter into an agreement to sell, transfer, and
3021	dispose of all property of the Sawgrass Expressway, whether
3022	real, personal, or mixed, tangible or intangible, to the
3023	Department of Transportation as part of the Turnpike System in
3024	accordance with s. 338.2275(3)(4).
3025	Section 45.  Subsection (6) is added to section 348.754,
3026	Florida Statutes, to read:
3027	348.754  Purposes and powers.--
3028	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
3029	County Expressway Authority may waive payment and performance
3030	bonds on construction contracts for the construction of a public
3031	building, for the prosecution and completion of a public work,
3032	or for repairs on a public building or public work that has a
3033	cost of $500,000 or less and when the project is awarded
3034	pursuant to an economic development program for the
3035	encouragement of local small businesses that has been adopted by
3036	the governing body of the Orlando-Orange County Expressway
3037	Authority pursuant to a resolution or policy.
3038	(b)  The authority's adopted criteria for participation in
3039	the economic development program for local small businesses
3040	shall require that a participant:
3041	1.  Be an independent business.
3042	2.  Be principally domiciled in the Orange County Standard
3043	Metropolitan Statistical Area.
3044	3.  Employ 25 or fewer full-time employees.
3045	4.  Have gross annual sales averaging $3 million or less
3046	over the immediately preceding 3 calendar years with regard to
3047	any construction element of the program.
3048	5.  Be accepted as a participant in the Orlando-Orange
3049	County Expressway Authority's microcontracts program or such
3050	other small business program as may be hereinafter enacted by
3051	the Orlando-Orange County Expressway Authority.
3052	6.  Participate in an educational curriculum or technical
3053	assistance program for business development that will assist the
3054	small business in becoming eligible for bonding.
3055	(c)  The authority's adopted procedures for waiving payment
3056	and performance bonds on projects with values not less than
3057	$200,000 and not exceeding $500,000 shall provide that payment
3058	and performance bonds may only be waived on projects that have
3059	been set aside to be competitively bid on by participants in an
3060	economic development program for local small businesses. The
3061	authority's executive director or his or her designee shall
3062	determine whether specific construction projects are suitable
3063	for:
3064	1.  Bidding under the authority's microcontracts program by
3065	registered local small businesses; and
3066	2.  Waiver of the payment and performance bond.
3067
3068	The decision of the authority's executive director or deputy
3069	executive director to waive the payment and performance bond
3070	shall be based upon his or her investigation and conclusion that
3071	there exists sufficient competition so that the authority
3072	receives a fair price and does not undertake any unusual risk
3073	with respect to such project.
3074	(d)  For any contract for which a payment and performance
3075	bond has been waived pursuant to the authority set forth in this
3076	section, the Orlando-Orange County Expressway Authority shall
3077	pay all persons defined in s. 713.01 who furnish labor,
3078	services, or materials for the prosecution of the work provided
3079	for in the contract to the same extent and upon the same
3080	conditions that a surety on the payment bond under s. 255.05
3081	would have been obligated to pay such persons if the payment and
3082	performance bond had not been waived. The authority shall record
3083	notice of this obligation in the manner and location that surety
3084	bonds are recorded. The notice shall include the information
3085	describing the contract that s. 255.05(1) requires be stated on
3086	the front page of the bond. Notwithstanding that s. 255.05(9)
3087	generally applies when a performance and payment bond is
3088	required, s. 255.05(9) shall apply under this subsection to any
3089	contract on which performance or payment bonds are waived and
3090	any claim to payment under this subsection shall be treated as a
3091	contract claim pursuant to s. 255.05(9).
3092	(e)  A small business that has been the successful bidder
3093	on six projects for which the payment and performance bond was
3094	waived by the authority pursuant to paragraph (a) shall be
3095	ineligible to bid on additional projects for which the payment
3096	and performance bond is to be waived. The local small business
3097	may continue to participate in other elements of the economic
3098	development program for local small businesses as long as it is
3099	eligible.
3100	(f)  The authority shall conduct bond eligibility training
3101	for businesses qualifying for bond waiver under this subsection
3102	to encourage and promote bond eligibility for such businesses.
3103	(g)  The authority shall prepare a biennial report on the
3104	activities undertaken pursuant to this subsection to be
3105	submitted to the Orange County legislative delegation. The
3106	initial report shall be due December 31, 2010.
3107	Section 46.  Paragraph (a) of subsection (3) of section
3108	163.3177, Florida Statutes, is amended to read:
3109	163.3177  Required and optional elements of comprehensive
3110	plan; studies and surveys.--
3111	(3)(a)  The comprehensive plan shall contain a capital
3112	improvements element designed to consider the need for and the
3113	location of public facilities in order to encourage the
3114	efficient utilization of such facilities and set forth:
3115	1.  A component which outlines principles for construction,
3116	extension, or increase in capacity of public facilities, as well
3117	as a component which outlines principles for correcting existing
3118	public facility deficiencies, which are necessary to implement
3119	the comprehensive plan. The components shall cover at least a 5-
3120	year period.
3121	2.  Estimated public facility costs, including a
3122	delineation of when facilities will be needed, the general
3123	location of the facilities, and projected revenue sources to
3124	fund the facilities.
3125	3.  Standards to ensure the availability of public
3126	facilities and the adequacy of those facilities including
3127	acceptable levels of service.
3128	4.  Standards for the management of debt.
3129	5.  A schedule of capital improvements which includes
3130	publicly funded projects, and which may include privately funded
3131	projects for which the local government has no fiscal
3132	responsibility, necessary to ensure that adopted level-of-
3133	service standards are achieved and maintained. For capital
3134	improvements that will be funded by the developer, financial
3135	feasibility shall be demonstrated by being guaranteed in an
3136	enforceable development agreement or interlocal agreement
3137	pursuant to paragraph (10)(h), or other enforceable agreement.
3138	These development agreements and interlocal agreements shall be
3139	reflected in the schedule of capital improvements if the capital
3140	improvement is necessary to serve development within the 5-year
3141	schedule. If the local government uses planned revenue sources
3142	that require referenda or other actions to secure the revenue
3143	source, the plan must, in the event the referenda are not passed
3144	or actions do not secure the planned revenue source, identify
3145	other existing revenue sources that will be used to fund the
3146	capital projects or otherwise amend the plan to ensure financial
3147	feasibility.
3148	6.  The schedule must include transportation improvements
3149	included in the applicable metropolitan planning organization's
3150	transportation improvement program adopted pursuant to s.
3151	339.175(8)(7) to the extent that such improvements are relied
3152	upon to ensure concurrency and financial feasibility. The
3153	schedule must also be coordinated with the applicable
3154	metropolitan planning organization's long-range transportation
3155	plan adopted pursuant to s. 339.175(7)(6).
3156	Section 47.  Section 339.176, Florida Statutes, is amended
3157	to read:
3158	339.176  Voting membership for M.P.O. with boundaries
3159	including certain counties.--In addition to the voting
3160	membership established by s. 339.175(3)(2) and notwithstanding
3161	any other provision of law to the contrary, the voting
3162	membership of any Metropolitan Planning Organization whose
3163	geographical boundaries include any county as defined in s.
3164	125.011(1) must include an additional voting member appointed by
3165	that city's governing body for each city with a population of
3166	50,000 or more residents.
3167	Section 48.  Subsection (1) of section 341.828, Florida
3168	Statutes, is amended to read:
3169	341.828  Permitting.--
3170	(1)  The authority, for the purposes of permitting, may
3171	utilize one or more permitting processes provided for in
3172	statute, including, but not limited to, the metropolitan
3173	planning organization long-range transportation planning process
3174	as defined in s. 339.175(6) and (7) and (8), in conjunction with
3175	the Department of Transportation's work program process as
3176	defined in s. 339.135, or any permitting process now in effect
3177	or that may be in effect at the time of permitting and will
3178	provide the most timely and cost-effective permitting process.
3179	Section 49.  Section 334.30, Florida Statutes, is amended
3180	to read:
3181	334.30  Public-private transportation facilities.--The
3182	Legislature hereby finds and declares that there is a public
3183	need for rapid construction of safe and efficient transportation
3184	facilities for the purpose of travel within the state. It is the
3185	intent of the Legislature to strengthen the state's
3186	transportation system by providing the department with
3187	innovative financing techniques, including, but not limited to,
3188	public-private partnerships, toll facility leases, and user
3189	fees. In response to increased congestion, population, and
3190	market demands, and that it is in the public's interest to
3191	provide for the construction of additional safe, convenient, and
3192	economical transportation facilities.
3193	(1)  The department may receive or solicit proposals and,
3194	with legislative approval as evidenced by approval of the
3195	project in the department's work program, enter into agreements
3196	with private entities, or consortia thereof, for the building,
3197	operation, ownership, or financing of transportation facilities.
3198	The department may advance projects programmed in the adopted 5-
3199	year work program or projects greater than $500 million in the
3200	10-year Strategic Intermodal System Plan using funds provided by
3201	public-private partnerships or private entities to be reimbursed
3202	from department funds for the project as programmed in the
3203	adopted work program. The department shall by rule establish an
3204	application fee for the submission of unsolicited proposals
3205	under this section. The fee must be sufficient to pay the costs
3206	of evaluating the proposals. The department may engage the
3207	services of private consultants to assist in the evaluation.
3208	Before approval, the department must determine that the proposed
3209	project:
3210	(a)  Is in the public's best interest;
3211	(b)  Would not require state funds to be used unless the
3212	project is on the State Highway System; and
3213	(c)  Would have adequate safeguards in place to ensure that
3214	no additional costs or service disruptions would be realized by
3215	the traveling public and citizens of the state in the event of
3216	default or cancellation of the agreement by the department.
3217
3218	The department shall ensure that all reasonable costs to the
3219	state, related to transportation facilities that are not part of
3220	the State Highway System, are borne by the private entity. The
3221	department shall also ensure that all reasonable costs to the
3222	state and substantially affected local governments and
3223	utilities, related to the private transportation facility, are
3224	borne by the private entity for transportation facilities that
3225	are owned by private entities. For projects on the State Highway
3226	System, the department may use state resources to participate in
3227	funding and financing the project as provided for under the
3228	department's enabling legislation.
3229	(2)  Agreements entered into pursuant to this section may
3230	authorize the private entity to impose tolls or fares for the
3231	use of the facility. The following provisions shall apply to
3232	such agreements: However, the amount and use of toll or fare
3233	revenues shall be regulated by the department to avoid
3234	unreasonable costs to users of the facility.
3235	(a)  With the exception of the Florida Turnpike System, the
3236	department may lease existing toll facilities through public-
3237	private partnerships. If the agreement for leasing an existing
3238	toll facility does not include provisions for additional
3239	capacity, the project and the provisions of the agreement must
3240	be approved by the Legislature. The public-private partnership
3241	agreement must ensure that the toll facility is properly
3242	operated, maintained, and renewed in accordance with department
3243	standards.
3244	(b)  The department may develop new toll facilities or
3245	increase capacity on existing toll facilities through public-
3246	private partnerships. The public-private partnership agreement
3247	must ensure that the toll facility is properly operated,
3248	maintained, and renewed in accordance with department standards.
3249	(c)  The amount of toll or fare revenues shall be regulated
3250	by the department pursuant to s. 338.165(3). The regulations
3251	governing the future increase of toll or fare revenues shall be
3252	included in the public-private partnership agreement.
3253	(d)  The department shall include provisions in the public-
3254	private partnership agreement that ensure a negotiated portion
3255	of revenues from tolled projects are returned to the department
3256	over the life of the public-private partnership agreement. In
3257	the case of a lease of an existing toll facility, the department
3258	shall receive a portion of funds upon closing on the agreements
3259	and shall also include provisions in the agreement to receive
3260	payment of a negotiated portion of revenues over the life of the
3261	public-private partnership.
3262	(e)  The private entity shall provide an investment grade
3263	traffic and revenue study prepared by an internationally
3264	recognized traffic and revenue expert that is accepted by the
3265	national bond rating agencies. The private entity shall also
3266	provide a finance plan that identifies the project cost,
3267	revenues by source, financing, major assumptions, internal rate
3268	of return on private investments, and whether any government
3269	funds are assumed to deliver a cost feasible project, and a
3270	total cash flow analysis beginning with implementation of the
3271	project and extending for the term of the agreement. The amount
3272	of the toll or fares included in the provisions of agreements
3273	under this section shall be consistent with projections included
3274	in the study, plan, and analysis provided under this paragraph.
3275	Specific elements to be described shall include, but are not
3276	limited to, the following:
3277	1.  The estimate of ridership and a forecast of annual toll
3278	revenues. The method of producing the estimates shall be
3279	described in sufficient detail to allow the projections to be
3280	verified. Assumptions used in the process shall be clearly
3281	indicated.
3282	2.  Forecasts shall be provided of any additional sources
3283	of revenue anticipated from the proposed facility with clearly
3284	stated assumptions and data and methods used to develop the
3285	forecasts. Sources for revenue might include the receipts from
3286	advertising, station concessions, royalties, and licenses.
3287	3.  The amount of associated real estate development and
3288	supplemental revenue sources that will be used to supplement
3289	operations.
3290	4.  If subsidies will be required in the early years of a
3291	facility's operation, the source, amount, how they are to be
3292	used, and the years in which they will be needed shall be
3293	specified. Appropriate contact information and supporting
3294	documentation must be provided for each type of fund source for
3295	analysis and review by the department.
3296	(3)  Each private transportation facility constructed
3297	pursuant to this section shall comply with all requirements of
3298	federal, state, and local laws; state, regional, and local
3299	comprehensive plans; department rules, policies, procedures, and
3300	standards for transportation facilities; and any other
3301	conditions which the department determines to be in the public's
3302	best interest.
3303	(4)  The department may exercise any power possessed by it,
3304	including eminent domain, with respect to the development and
3305	construction of state transportation projects to facilitate the
3306	development and construction of transportation projects pursuant
3307	to this section. The department may provide services to the
3308	private entity. Agreements for maintenance, law enforcement, and
3309	other services entered into pursuant to this section shall
3310	provide for full reimbursement for services rendered for
3311	projects not on the State Highway System.
3312	(5)  Except as herein provided, the provisions of this
3313	section are not intended to amend existing laws by granting
3314	additional powers to, or further restricting, local governmental
3315	entities from regulating and entering into cooperative
3316	arrangements with the private sector for the planning,
3317	construction, and operation of transportation facilities.
3318	(6)  The procurement of public-private partnerships by the
3319	department shall follow the provisions of this section. Sections
3320	337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
3321	337.185, 337.19, 337.221, and 337.251 shall not apply to
3322	procurements under this section unless a provision is included
3323	in the procurement documents. The department shall ensure that
3324	generally accepted business practices for exemptions provided by
3325	this subsection are part of the procurement process or are
3326	included in the public-private partnership agreement.
3327	(a)  The department may request proposals from private
3328	entities for public-private transportation projects or, if the
3329	department receives an unsolicited proposal, the department
3330	shall publish a notice in the Florida Administrative Weekly and
3331	a newspaper of general circulation at least once a week for 2
3332	weeks stating that the department has received the proposal and
3333	will accept, for 120 60 days after the initial date of
3334	publication, other proposals for the same project purpose. A
3335	copy of the notice must be mailed to each local government in
3336	the affected area.
3337	(b)  Public-private partnerships shall be qualified by the
3338	department as part of the procurement process as outlined in the
3339	procurement documents, provided such process ensures that the
3340	private firm meets at least the minimum department standards for
3341	qualification in department rule for professional engineering
3342	services and road and bridge contracting prior to submitting a
3343	proposal under the procurement.
3344	(c)  The department shall ensure that procurement documents
3345	include provisions for performance of the private entity and
3346	payment of subcontractors, including, but not limited to, surety
3347	bonds, letters of credit, parent company guarantees, and lender
3348	and equity partner guarantees. The department shall balance the
3349	structure of the security package for the public-private
3350	partnership that ensures performance and payment of
3351	subcontractors with the cost of the security to ensure the most
3352	efficient pricing.
3353	(d)  After the public notification period has expired, the
3354	department shall rank the proposals in order of preference. In
3355	ranking the proposals, the department may consider factors that
3356	include, including, but are not limited to, professional
3357	qualifications, general business terms, innovative engineering
3358	or cost-reduction terms, finance plans, and the need for state
3359	funds to deliver the project. If the department is not satisfied
3360	with the results of the negotiations, the department may, at its
3361	sole discretion, terminate negotiations with the proposer. If
3362	these negotiations are unsuccessful, the department may go to
3363	the second-ranked and lower-ranked firms, in order, using this
3364	same procedure. If only one proposal is received, the department
3365	may negotiate in good faith and, if the department is not
3366	satisfied with the results of the negotiations, the department
3367	may, at its sole discretion, terminate negotiations with the
3368	proposer. Notwithstanding this subsection, the department may,
3369	at its discretion, reject all proposals at any point in the
3370	process up to completion of a contract with the proposer.
3371	(e)  The department shall perform a cost-benefit, value-
3372	for-money analysis of the proposed public-private partnership
3373	that demonstrates the cost-effectiveness and overall public
3374	benefit at the following times:
3375	1.  Prior to moving forward with the procurement; and
3376	2.  If the procurement moves forward, prior to awarding the
3377	contract.
3378	(7)  The department may lend funds from the Toll Facilities
3379	Revolving Trust Fund, as outlined in s. 338.251, to private
3380	entities that construct projects on the State Highway System
3381	containing toll facilities that are approved under this section.
3382	To be eligible, a private entity must comply with s. 338.251 and
3383	must provide an indication from a nationally recognized rating
3384	agency that the senior bonds for the project will be investment
3385	grade, or must provide credit support such as a letter of credit
3386	or other means acceptable to the department, to ensure that the
3387	loans will be fully repaid. The state's liability for the
3388	funding of a facility is limited to the amount approved for that
3389	specific facility in the department's 5-year work program
3390	adopted pursuant to s. 339.135.
3391	(8)  The department may use innovative finance techniques
3392	associated with a public-private partnership under this section,
3393	including, but not limited to, federal loans as provided in
3394	Title 23 and Title 49 of the Code of Federal Regulations,
3395	commercial bank loans, and hedges against inflation from
3396	commercial banks or other private sources.
3397	(9)  The department may enter into public-private
3398	partnership agreements that include extended terms providing
3399	annual payments for performance based on the availability of
3400	service or the facility being open to traffic or based on the
3401	level of traffic using the facility. In addition to other
3402	provisions in this section, the following provisions shall
3403	apply:
3404	(a)  The annual payments under such agreement shall be
3405	included in the department's tentative work program developed
3406	under s. 339.135 and the long-range transportation plan for the
3407	applicable metropolitan planning organization developed under s.
3408	339.175. The department shall ensure that annual payments on
3409	multiyear public-private partnership agreements are prioritized
3410	ahead of new capacity projects in the development and updating
3411	of the tentative work program.
3412	(b)  The annual payments are subject to annual
3413	appropriation by the Legislature as provided in the General
3414	Appropriations Act in support of the first year of the tentative
3415	work program.
3416	(10)  Prior to entering such agreement where funds are
3417	committed from the State Transportation Trust Fund, the project
3418	must be prioritized as follows:
3419	(a)  The department, in coordination with the local
3420	metropolitan planning organization, shall prioritize projects
3421	included in the Strategic Intermodal System 10-year and long-
3422	range cost feasible plans.
3423	(b)  The department, in coordination with the local
3424	metropolitan planning organization or local government where
3425	there is no metropolitan planning organization, shall prioritize
3426	projects, for facilities not on the Strategic Intermodal System,
3427	included in the metropolitan planning organization cost feasible
3428	transportation improvement plan and long-range transportation
3429	plan.
3430	(11)  Public-private partnership agreements under this
3431	section shall be limited to a term not exceeding 50 years. Upon
3432	making written findings that an agreement under this section
3433	requires a term in excess of 50 years, the secretary of the
3434	department may authorize a term of up to 75 years. Agreements
3435	under this section shall not have a term in excess of 75 years
3436	unless specifically approved by the Legislature. The department
3437	shall identify each new project under this section with a term
3438	exceeding 75 years in the transmittal letter that accompanies
3439	the submittal of the tentative work program to the Governor and
3440	the Legislature in accordance with s. 339.135.
3441	(12)  The department shall ensure that no more than 25
3442	percent of total federal and state funding in any given year for
3443	the State Transportation Trust Fund shall be obligated
3444	collectively for all projects under this section.
3445	(13)  Notwithstanding s. 338.165, any revenues returned to
3446	the department pursuant to a public-private partnership
3447	agreement under this section shall be used for capacity projects
3448	as follows:
3449	(a)  If the revenue-producing project is on the State
3450	Highway System, notwithstanding s. 339.135(4)(a), any revenues
3451	returned to the department pursuant to a public-private
3452	partnership agreement shall be used for capacity improvements of
3453	the State Highway System or up to 50 percent of the project cost
3454	on public transit capital improvements authorized under Title 49
3455	of the United States Code and specified in s. 341.051.
3456	(b)  If the revenue-producing project is on the county road
3457	system, any revenues returned to the department pursuant to a
3458	public-private partnership agreement shall be used for capacity
3459	improvements of state or county roads or transit facilities
3460	within the county or counties in which the revenue-producing
3461	project is located.
3462	(8)  A fixed-guideway transportation system authorized by
3463	the department to be wholly or partially within the department's
3464	right-of-way pursuant to a lease granted under s. 337.251 may
3465	operate at any safe speed.
3466	Section 50.  Section 338.165, Florida Statutes, is amended
3467	to read:
3468	338.165  Continuation of tolls.--
3469	(1)  The department, any transportation or expressway
3470	authority or, in the absence of an authority, a county or
3471	counties may continue to collect the toll on a revenue-producing
3472	project after the discharge of any bond indebtedness related to
3473	such project and may increase such toll. All tolls so collected
3474	shall first be used to pay the annual cost of the operation,
3475	maintenance, and improvement of the toll project.
3476	(2)  If the revenue-producing project is on the State
3477	Highway System, any remaining toll revenue shall be used for the
3478	construction, maintenance, or improvement of any road on the
3479	State Highway System within the county or counties in which the
3480	revenue-producing project is located, except as provided in s.
3481	348.0004.
3482	(3)  Notwithstanding any other provision of law, the
3483	department or any transportation or expressway authority shall,
3484	at a minimum, index toll rates on existing toll facilities to
3485	the annual Consumer Price Index or similar inflation indicators.
3486	Toll rate adjustments for inflation under this subsection may be
3487	made no more frequently than once a year and must be made no
3488	less frequently than once every 5 years as necessary to
3489	accommodate cash toll rate schedules. Toll rates may be
3490	increased beyond these limits as directed by bond documents,
3491	covenants, or governing body authorization or pursuant to
3492	department administrative rule.
3493	(4)(3)  Notwithstanding any other law to the contrary,
3494	pursuant to s. 11, Art. VII of the State Constitution, and
3495	subject to the requirements of subsection (2), the Department of
3496	Transportation may request the Division of Bond Finance to issue
3497	bonds secured by toll revenues collected on the Alligator Alley,
3498	the Sunshine Skyway Bridge, the Beeline-East Expressway, the
3499	Navarre Bridge, and the Pinellas Bayway to fund transportation
3500	projects located within the county or counties in which the
3501	project is located and contained in the adopted work program of
3502	the department.
3503	(5)(4)  If the revenue-producing project is on the county
3504	road system, any remaining toll revenue shall be used for the
3505	construction, maintenance, or improvement of any other state or
3506	county road within the county or counties in which the revenue-
3507	producing project is located, except as provided in s. 348.0004.
3508	(6)(5)  Selection of projects on the State Highway System
3509	for construction, maintenance, or improvement with toll revenues
3510	shall be, with the concurrence of the department, consistent
3511	with the Florida Transportation Plan.
3512	(7)(6)  Notwithstanding the provisions of subsection (1),
3513	and not including high occupancy toll lanes or express lanes, no
3514	tolls may be charged for use of an interstate highway where
3515	tolls were not charged as of July 1, 1997.
3516	(8)(7)  With the exception of subsection (3), this section
3517	does not apply to the turnpike system as defined under the
3518	Florida Turnpike Enterprise Law.
3519	Section 51.  Paragraph (d) of subsection (2) and paragraph
3520	(c) of subsection (4) of section 348.0003, Florida Statutes, are
3521	amended to read:
3522	348.0003  Expressway authority; formation; membership.--
3523	(2)  The governing body of an authority shall consist of
3524	not fewer than five nor more than nine voting members. The
3525	district secretary of the affected department district shall
3526	serve as a nonvoting member of the governing body of each
3527	authority located within the district. Each member of the
3528	governing body must at all times during his or her term of
3529	office be a permanent resident of the county which he or she is
3530	appointed to represent.
3531	(d)  Notwithstanding any provision to the contrary in this
3532	subsection, in any county as defined in s. 125.011(1), the
3533	governing body shall be abolished on or before December 31,
3534	2007. Prior to the termination of the existing governing body, a
3535	new governing body consisting of eight members shall be
3536	appointed as follows:
3537	1.  Three voting members shall be appointed by the board of
3538	county commissioners of the county served by the authority.
3539	Members appointed under this subparagraph shall serve a term of
3540	4 years each; however, for the purpose of providing staggered
3541	terms, the initial appointees shall serve terms as follows: one
3542	member shall serve for 1 year, one member shall serve for 2
3543	years, and one member shall serve for 3 years.
3544	2.  Four voting members shall be appointed by the Governor
3545	subject to confirmation by the Senate at the next regular
3546	session of the Legislature. Refusal or failure of the Senate to
3547	confirm an appointment shall create a vacancy. Members appointed
3548	under this subparagraph shall serve a term of 4 years each;
3549	however, for the purpose of providing staggered terms, the
3550	initial appointees shall serve terms as follows: one member
3551	shall serve for 1 year, one member shall serve for 2 years, one
3552	member shall serve for 3 years, and one member shall serve for 4
3553	years.
3554	3.  One member shall be the district secretary of the
3555	department serving in the district that contains the county
3556	served by the authority, who shall serve ex officio of an
3557	authority shall consist of up to 13 members, and the following
3558	provisions of this paragraph shall apply specifically to such
3559	authority. Except for the district secretary of the department,
3560	the members must be residents of the county. Seven voting
3561	members shall be appointed by the governing body of the county.
3562	At the discretion of the governing body of the county, up to two
3563	of the members appointed by the governing body of the county may
3564	be elected officials residing in the county. Five voting members
3565	of the authority shall be appointed by the Governor. One member
3566	shall be the district secretary of the department serving in the
3567	district that contains such county. This member shall be an ex
3568	officio voting member of the authority. If the governing board
3569	of an authority includes any member originally appointed by the
3570	governing body of the county as a nonvoting member, when the
3571	term of such member expires, that member shall be replaced by a
3572	member appointed by the Governor until the governing body of the
3573	authority is composed of seven members appointed by the
3574	governing body of the county and five members appointed by the
3575	Governor. The qualifications, terms of office, and obligations
3576	and rights of members of the authority shall be determined by
3577	resolution or ordinance of the governing body of the county in a
3578	manner that is consistent with subsections (3) and (4).
3579	(4)
3580	(c)  Members of an authority shall be required to comply
3581	with the applicable financial disclosure requirements of s. 8,
3582	Art. II of the State Constitution ss. 112.3145, 112.3148, and
3583	112.3149.
3584	Section 52.  Subsections (8) and (9) of section 348.0004,
3585	Florida Statutes, are renumbered as subsections (9) and (10),
3586	respectively, and a new subsection (8) is added to that section,
3587	to read:
3588	348.0004  Purposes and powers.--
3589	(8)  Notwithstanding any provision of law, an expressway
3590	authority located in a county as defined in s. 125.011(1) may
3591	not contract with any lobbyist as defined in s. 11.045(1)(f) to
3592	represent the authority and its interests. This does not
3593	preclude full-time employees of the authority from lobbying on
3594	the authority's behalf.
3595	Section 53.  Subsection (27) is added to section 479.01,
3596	Florida Statutes, to read:
3597	479.01  Definitions.--As used in this chapter, the term:
3598	(27)  "Wall mural" means a sign that is a painting or an
3599	artistic work composed of photographs or arrangements of color
3600	and that displays a commercial or noncommercial message, relies
3601	solely on the side of the building for rigid structural support,
3602	and is painted on the building or depicted on vinyl, fabric, or
3603	other similarly flexible material that is held in place flush or
3604	flat against the surface of the building. The term excludes a
3605	painting or work placed on a structure that is erected for the
3606	sole or primary purpose of signage.
3607	Section 54.  Section 479.156, Florida Statutes, is created
3608	to read:
3609	479.156  Wall murals.--Notwithstanding any other provision
3610	of this chapter, a municipality or county may permit and
3611	regulate wall murals within areas designated by such government.
3612	If a municipality or county permits wall murals, a wall mural
3613	that displays a commercial message and is within 660 feet of the
3614	nearest edge of the right-of-way within an area adjacent to the
3615	interstate highway system or the federal-aid primary highway
3616	system must be located in an area that is zoned for industrial
3617	or commercial use, and the municipality or county shall
3618	establish and enforce regulations for such areas that, at a
3619	minimum, set forth criteria governing the size, lighting, and
3620	spacing of wall murals consistent with the intent of the Highway
3621	Beautification Act of 1965 and with customary use. A wall mural
3622	that is subject to municipal or county regulation and the
3623	Highway Beautification Act of 1965 must be approved by the
3624	Department of Transportation and the Federal Highway
3625	Administration and may not violate the agreement between the
3626	state and the United States Department of Transportation or
3627	violate federal regulations enforced by the Department of
3628	Transportation under s. 479.02(1). The existence of a wall mural
3629	as defined in s. 479.01(27) shall not be considered in
3630	determining whether a sign as defined under s. 479.01(17),
3631	either existing or new, is in compliance with s. 479.07(9)(a).
3632	Section 55.  Section 2 of chapter 89-383, Laws of Florida,
3633	is amended to read:
3634	Section 2.  Red Road is hereby designated as a state
3635	historic highway. No public funds shall be expended for:
3636	(1)  The removal of any healthy tree which is not a safety
3637	hazard.
3638	(2)  Any alteration of the physical dimensions or location
3639	of Red Road, the median strip thereof, the land adjacent
3640	thereto, or any part of the original composition of the
3641	entranceway, including the towers, the walls, and the lampposts.
3642	(3)  Any construction on or along Red Road of any new
3643	structure, or any building, clearing, filling, or excavating on
3644	or along Red Road except for routine maintenance or alterations,
3645	modifications, or improvements to it and the adjacent right-of-
3646	way made for the purpose of enhancing life safety for vehicular
3647	or pedestrian use of Red Road if the number of traffic lanes is
3648	not altered work which is essential to the health, safety, or
3649	welfare of the environment.
3650	Section 56.  Department of Transportation study of
3651	transportation facilities providing access to Indian
3652	reservations; report and recommendations authorized.--
3653	(1)  The Department of Transportation is directed to
3654	conduct a study of the impacts that legalized gambling and other
3655	activities on Indian reservation lands are having on public
3656	roads and other transportation facilities, regarding traffic
3657	congestion and other mobility issues, facility maintenance and
3658	repair costs, emergency evacuation readiness, costs of potential
3659	future widening or other improvements, and other impacts on the
3660	motoring, nongaming public.
3661	(2)  The study shall include, but is not limited to, the
3662	following information:
3663	(a)  A listing, description, and functional classification
3664	of the access roads to and from each Indian reservation in the
3665	state.
3666	(b)  An identification of these access roads that either
3667	are scheduled for improvements within the department's 5-year
3668	Work Program, or are listed on the department's or a
3669	metropolitan planning organization's 20-year, long-range
3670	transportation plan.
3671	(c)  The most recent traffic counts on the access roads and
3672	projected future usage, as well as any projections of impacts on
3673	secondary, feeder, or connector roads, interstate highway exit
3674	and entrance ramps, or other area transportation facilities.
3675	(d)  The safety and maintenance ratings of each access road
3676	and a detailed review of impacts on local and state emergency
3677	management agencies to provide emergency or evacuation services.
3678	(e)  The estimated infrastructure costs to maintain,
3679	improve, or widen these access roads based on future projected
3680	needs.
3681	(f)  The feasibility of implementing tolls on these access
3682	roads or, if already tolled, raising the toll to offset and
3683	mitigate the impacts of traffic generated by Indian reservation
3684	gaming activities on nontribal communities in the state and to
3685	finance projected future improvements to the access roads.
3686	(3)  The department shall present its findings and
3687	recommendations in a report to be submitted to the Governor, the
3688	President of the Senate, and the Speaker of the House of
3689	Representatives by January 15, 2008. The report may include
3690	department recommendations for proposed legislation.
3691	Section 57.  Section 163.3182, Florida Statutes, is created
3692	to read:
3693	163.3182  Transportation concurrency backlogs.--
3694	(1)  DEFINITIONS.--For purposes of this section, the term:
3695	(a)  "Transportation construction backlog area" means the
3696	geographic area within the unincorporated portion of a county or
3697	within the municipal boundary of a municipality designated in a
3698	local government comprehensive plan for which a transportation
3699	concurrency backlog authority is created pursuant to this
3700	section.
3701	(b)  "Authority" or "transportation concurrency backlog
3702	authority" means the governing body of a county or municipality
3703	within which an authority is created.
3704	(c)  "Governing body" means the council, commission, or
3705	other legislative body charged with governing the county or
3706	municipality within which a transportation concurrency backlog
3707	authority is created pursuant to this section.
3708	(d)  "Transportation concurrency backlog" means an
3709	identified deficiency where the existing extent of traffic
3710	volume exceeds the level of service standard adopted in a local
3711	government comprehensive plan for a transportation facility.
3712	(e)  "Transportation concurrency backlog plan" means the
3713	plan adopted as part of a local government comprehensive plan by
3714	the governing body of a county or municipality acting as a
3715	transportation concurrency backlog authority.
3716	(f)  "Transportation concurrency backlog project" means any
3717	designated transportation project identified for construction
3718	within the jurisdiction of a transportation construction backlog
3719	authority.
3720	(g)  "Debt service millage" means any millage levied
3721	pursuant to s. 12, Art. VII of the State Constitution.
3722	(h)  "Increment revenue" means the amount calculated
3723	pursuant to subsection (5).
3724	(i)  "Taxing authority" means a public body that levies or
3725	is authorized to levy an ad valorem tax on real property located
3726	within a transportation concurrency backlog area except school
3727	districts.
3728	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
3729	AUTHORITIES.--
3730	(a)  A county or municipality may create a transportation
3731	concurrency backlog authority if it has an identified
3732	transportation concurrency backlog.
3733	(b)  Acting as the transportation concurrency backlog
3734	authority within its jurisdictional boundary, the governing body
3735	of a county or municipality shall adopt and implement a plan to
3736	eliminate all identified transportation concurrency backlogs
3737	within its jurisdiction using funds provided pursuant to
3738	subsection (5) and as otherwise provided pursuant to this
3739	section.
3740	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
3741	AUTHORITY.--Each transportation concurrency backlog authority
3742	has the powers necessary or convenient to carry out the purposes
3743	of this section, including the following powers in addition to
3744	others granted in this section:
3745	(a)  To make and execute contracts and other instruments
3746	necessary or convenient to the exercise of its powers under this
3747	section.
3748	(b)  To undertake and carry out transportation concurrency
3749	backlog projects for all transportation facilities that have a
3750	concurrency backlog within the authority's jurisdiction.
3751	Concurrency backlog projects may include transportation
3752	facilities that provide for alternative modes of travel
3753	including sidewalks, bikeways, and mass transit which are
3754	related to a backlogged transportation facility.
3755	(c)  To invest any transportation concurrency backlog funds
3756	held in reserve, sinking funds, or any such funds not required
3757	for immediate disbursement in property or securities in which
3758	savings banks may legally invest funds subject to the control of
3759	the authority and to redeem such bonds as have been issued
3760	pursuant to this section at the redemption price established
3761	therein, or to purchase such bonds at less than redemption
3762	price. All such bonds redeemed or purchased shall be canceled.
3763	(d)  To borrow money, apply for and accept advances, loans,
3764	grants, contributions, and any other forms of financial
3765	assistance from the Federal Government or the state, county, or
3766	any other public body or from any sources, public or private,
3767	for the purposes of this part, to give such security as may be
3768	required, to enter into and carry out contracts or agreements,
3769	and to include in any contracts for financial assistance with
3770	the Federal Government for or with respect to a transportation
3771	concurrency backlog project and related activities such
3772	conditions imposed pursuant to federal laws as the
3773	transportation concurrency backlog authority considers
3774	reasonable and appropriate and which are not inconsistent with
3775	the purposes of this section.
3776	(e)  To make or have made all surveys and plans necessary
3777	to the carrying out of the purposes of this section, to contract
3778	with any persons, public or private, in making and carrying out
3779	such plans, and to adopt, approve, modify, or amend such
3780	transportation concurrency backlog plans.
3781	(f)  To appropriate such funds and make such expenditures
3782	as are necessary to carry out the purposes of this section, and
3783	to enter into agreements with other public bodies, which
3784	agreements may extend over any period notwithstanding any
3785	provision or rule of law to the contrary.
3786	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
3787	(a)  Each transportation concurrency backlog authority
3788	shall adopt a transportation concurrency backlog plan as a part
3789	of the local government comprehensive plan within 6 months after
3790	the creation of the authority. The plan shall:
3791	1.  Identify all transportation facilities that have been
3792	designated as deficient and require the expenditure of moneys to
3793	upgrade, modify, or mitigate the deficiency.
3794	2.  Include a priority listing of all transportation
3795	facilities that have been designated as deficient and do not
3796	satisfy concurrency requirements pursuant to s. 163.3180, and
3797	the applicable local government comprehensive plan.
3798	3.  Establish a schedule for financing and construction of
3799	transportation concurrency backlog projects that will eliminate
3800	transportation concurrency backlogs within the jurisdiction of
3801	the authority within 10 years after the transportation
3802	concurrency backlog plan adoption. The schedule shall be adopted
3803	as part of the local government comprehensive plan.
3804	(b)  The adoption of the transportation concurrency backlog
3805	plan shall be exempt from the provisions of s. 163.3187(1).
3806	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
3807	concurrency backlog authority shall establish a local
3808	transportation concurrency backlog trust fund upon creation of
3809	the authority. Each local trust fund shall be administered by
3810	the transportation concurrency backlog authority within which a
3811	transportation concurrency backlog has been identified.
3812	Beginning in the first fiscal year after the creation of the
3813	authority, each local trust fund shall be funded by the proceeds
3814	of an ad valorem tax increment collected within each
3815	transportation concurrency backlog area to be determined
3816	annually and shall be 25 percent of the difference between:
3817	(a)  The amount of ad valorem tax levied each year by each
3818	taxing authority, exclusive of any amount from any debt service
3819	millage, on taxable real property contained within the
3820	jurisdiction of the transportation concurrency backlog authority
3821	and within the transportation backlog area; and
3822	(b)  The amount of ad valorem taxes which would have been
3823	produced by the rate upon which the tax is levied each year by
3824	or for each taxing authority, exclusive of any debt service
3825	millage, upon the total of the assessed value of the taxable
3826	real property within the transportation concurrency backlog area
3827	as shown on the most recent assessment roll used in connection
3828	with the taxation of such property of each taxing authority
3829	prior to the effective date of the ordinance funding the trust
3830	fund.
3831	(6)  EXEMPTIONS.--
3832	(a)  The following public bodies or taxing authorities are
3833	exempt from the provision of this section:
3834	1.  A special district that levies ad valorem taxes on
3835	taxable real property in more than one county.
3836	2.  A special district for which the sole available source
3837	of revenue is the authority to levy ad valorem taxes at the time
3838	an ordinance is adopted under this section. However, revenues or
3839	aid that may be dispensed or appropriated to a district as
3840	defined in s. 388.011 at the discretion of an entity other than
3841	such district shall not be deemed available.
3842	3.  A library district.
3843	4.  A neighborhood improvement district created under the
3844	Safe Neighborhoods Act.
3845	5.  A metropolitan transportation authority.
3846	6.  A water management district created under s. 373.069.
3847	(b)  A transportation concurrency exemption authority may
3848	also exempt from this section a special district that levies ad
3849	valorem taxes within the transportation concurrency backlog area
3850	pursuant to s. 163.387(2)(d).
3851	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
3852	adoption of a transportation concurrency backlog plan as a part
3853	of the local government comprehensive plan, and the plan going
3854	into effect, the area subject to the plan shall be deemed to
3855	have achieved and maintained transportation level of service
3856	standards, and to have met requirements for financial
3857	feasibility for transportation facilities, and for the purpose
3858	of proposed development transportation concurrency has been
3859	satisfied. Proportionate fair share mitigation shall be limited
3860	to ensure that a development inside a transportation concurrency
3861	backlog area is not responsible for the additional costs of
3862	eliminating backlogs.
3863	(8)  DISSOLUTION.--Upon completion of all transportation
3864	concurrency backlog projects, a transportation concurrency
3865	backlog authority shall be dissolved and its assets and
3866	liabilities shall be transferred to the county or municipality
3867	within which the authority is located. All remaining assets of
3868	the authority must be used for implementation of transportation
3869	projects within the jurisdiction of the authority. The local
3870	government comprehensive plan shall be amended to remove the
3871	transportation concurrency backlog plan.
3872	Section 58.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.