CS/CS/HB 985

1	A bill to be entitled
2	An act relating to transportation; amending s. 20.23,
3	F.S.; requiring the commission to monitor transportation
4	authorities and conduct periodic reviews of each
5	authority; prohibiting a member of the commission from
6	entering into the day-to-day operation of a monitored
7	authority; amending s. 112.061, F.S.; authorizing
8	metropolitan planning organizations and certain separate
9	entities to establish per diem and travel reimbursement
10	rates; amending s. 120.52, F.S.; excluding expressway
11	authorities under ch. 349, F.S., from the definition of
12	the term "agency" for certain purposes; amending s.
13	349.03, F.S.; revising provisions for officers and
14	employees of the Jacksonville Transportation Authority;
15	amending s. 349.04, F.S.; providing for the adoption of
16	rules by the Jacksonville Transportation Authority for
17	certain purposes; amending s. 121.021, F.S.; defining the
18	term "metropolitan planning organization" for purposes of
19	the Florida Retirement System Act; revising definitions to
20	include M.P.O.'s and positions in M.P.O.'s; amending s.
21	121.051, F.S.; providing for M.P.O.'s to participate in
22	the Florida Retirement System; amending s. 121.055, F.S.;
23	requiring certain M.P.O. staff positions to be in the
24	Senior Management Service Class; amending s. 121.061,
25	F.S.; providing for enforcement of certain employer
26	funding contributions required under the Florida
27	Retirement System; authorizing deductions of amounts owed
28	from certain funds distributed to an M.P.O.; authorizing
29	the governing body of an M.P.O. to file and maintain an
30	action in court to require an employer to remit retirement
31	or social security member contributions or employer
32	matching payments; amending s. 121.081, F.S.; providing
33	for M.P.O. officers and staff to claim credit for past
34	service for retirement benefits; amending s. 163.3180,
35	F.S.; authorizing the establishment of a study to evaluate
36	the benefits and barriers of establishing a regional
37	multimodal transportation concurrency district; creating
38	s. 163.3182, F.S.; providing for the creation of
39	transportation concurrency backlog authorities; providing
40	powers and responsibilities of such authorities; providing
41	for transportation concurrency backlog plans; providing
42	for the issuance of revenue bonds for certain purposes;
43	providing for the establishment of a local trust fund
44	within each county or municipality having an identified
45	transportation concurrency backlog; providing exemptions
46	from transportation concurrency requirements; providing
47	for the satisfaction of concurrency requirements;
48	providing for dissolution of transportation concurrency
49	backlog authorities; amending s. 163.3191, F.S.; exempting
50	from a prohibition on plan amendments certain amendments
51	to local comprehensive plans concerning the integration of
52	port master plans; amending s. 212.055, F.S.; deleting a
53	provision prohibiting a school district, county, or
54	municipality from issuing bonds more than once each year
55	pledging the proceeds of certain discretionary taxes;
56	amending s. 215.615, F.S.; revising the Department of
57	Transportation's requirement to share certain costs of
58	fixed-guideway system projects; revising criteria for an
59	interlocal agreement to establish bond financing for
60	fixed-guideway system projects; revising provisions for
61	sources of funds for the payment of bonds; amending s.
62	311.22, F.S.; revising funding for certain dredging
63	projects; amending s. 316.2123, F.S.; authorizing a county
64	to designate certain unpaved roadways where an ATV may be
65	operated; providing conditions for such operation;
66	amending s. 316.605, F.S.; providing height and placement
67	requirements for vehicle license plates; prohibiting
68	display that obscures identification of the letters and
69	numbers on a license plate; providing penalties; amending
70	s. 316.650, F.S.; revising procedures for disposition of
71	citations issued for failure to pay toll; providing that
72	the citation will not be submitted to the court and no
73	points will be assessed on the driver's license if the
74	person cited elects to make payment directly to the
75	governmental entity that issued the citation; providing
76	for reporting of the citation by the governmental entity
77	to the Department of Highway Safety and Motor Vehicles;
78	amending s. 318.14, F.S.; providing for the amount
79	required to be paid under certain procedures for
80	disposition of a citation issued for failure to pay toll;
81	providing for the person cited to request a court hearing;
82	amending s. 318.18, F.S.; revising penalties for failure
83	to pay a prescribed toll; providing for disposition of
84	amounts received by the clerk of court; removing
85	procedures for withholding of adjudication; providing for
86	suspension of a driver's license under certain
87	circumstances; revising authorized uses of revenue
88	received by a county from a certain surcharge; revising
89	penalty provisions to provide for certain criminal
90	penalties; imposing a surcharge to be paid for specified
91	traffic-related criminal offenses and all moving traffic
92	violations; providing for distribution of the proceeds of
93	the surcharge to be used for the state agency law
94	enforcement radio system; providing for future expiration;
95	amending s. 318.21, F.S.; revising distribution provisions
96	to provide for distribution of the surcharge; providing
97	for future expiration; amending s. 320.061, F.S.;
98	prohibiting interfering with the legibility, angular
99	visibility, or detectability of any feature or detail on a
100	license plate or interfering with the ability to
101	photograph or otherwise record any feature or detail on a
102	license plate; providing penalties; repealing second
103	paragraph contained in Specific Appropriation 2188 of the
104	2007-2008 General Appropriations Act; amending s. 332.007,
105	F.S.; authorizing the Department of Transportation to
106	provide funds for certain general aviation projects under
107	certain circumstances; extending the timeframe that the
108	department is authorized to provide operational and
109	maintenance assistance to certain airports and may
110	redirect the use of certain funds to security-related or
111	economic-impact projects related to the events of
112	September 11, 2001; amending s. 332.14, F.S.; providing
113	that certain members of the Secure Airports for Florida's
114	Economy Council shall be nonvoting members; authorizing
115	certain members to overrule certain actions of the
116	council; amending s. 334.351, F.S.; requiring nonprofit
117	youth organizations that contract with the Department of
118	Transportation for the purpose of operating youth work
119	experience programs to certify that the program
120	participants are residents of the state and possess valid
121	identification; specifying criteria for the department to
122	consider in awarding contracts to such organizations;
123	requiring that the nonprofit youth organizations submit
124	certain reports and audits to the department and
125	demonstrate participation in a peer assessment or review
126	process; amending s. 336.025, F.S.; deleting a prohibition
127	against local governments issuing certain bonds secured by
128	revenues from local option fuel taxes more than once a
129	year; amending s. 336.41, F.S.; revising an exception to
130	competitive-bid requirements for certain county road
131	construction and reconstruction projects; increasing the
132	value threshold under which the exception applies;
133	defining the term "construction aggregate materials";
134	providing legislative intent; prohibiting a local
135	government from approving or denying a land use zoning
136	change, comprehensive plan amendment, land use permit,
137	ordinance, or order regarding construction aggregate
138	materials without considering information provided by the
139	Department of Transportation and considering the effect of
140	such decision; prohibiting an agency from imposing a
141	moratorium on the mining and extraction of construction
142	aggregate materials of longer than a specified period;
143	providing that limerock environmental resource permitting
144	and reclamation applications are eligible to be expedited;
145	establishing the Strategic Aggregates Review Task Force;
146	providing for membership, staffing, reporting, and
147	expiration; providing for support and the coordination of
148	data and information for the task force; requiring that
149	the task force report its findings to the Governor and the
150	Legislature; providing report requirements; providing for
151	the dissolution of the task force; creating s. 337.026,
152	F.S.; authorizing the Department of Transportation to
153	pursue procurement techniques relating to construction
154	aggregate materials; authorizing the department to enter
155	into agreements for construction aggregate materials;
156	providing exceptions; providing requirements for such
157	exceptions; amending s. 337.11, F.S.; providing that
158	certain construction projects be advertised for bids in
159	local newspapers; amending s. 337.14, F.S.; authorizing
160	the department to waive specified prequalification
161	requirements for certain transportation projects under
162	certain conditions; amending s. 337.18, F.S.; revising
163	surety bond requirements for construction or maintenance
164	contracts; providing for incremental annual surety bonds
165	for multiyear maintenance contracts under certain
166	conditions; revising the threshold for transportation
167	projects eligible for a waiver of surety bond
168	requirements; authorizing the department to provide for
169	phased surety bond coverage or an alternate means of
170	security for a portion of the contract amount in lieu of
171	the surety bond; amending s. 338.161, F.S.; providing for
172	the Department of Transportation and certain toll agencies
173	to enter into agreements with public or private entities
174	for additional uses of electronic toll collection products
175	and services; authorizing feasibility studies by the
176	department or a toll agency of additional uses of
177	electronic toll devices for legislative consideration;
178	amending s. 338.2275, F.S.; raising the limit on
179	outstanding bonds to fund turnpike projects; removing a
180	provision authorizing the department to acquire the
181	Sawgrass Expressway from the Broward County Expressway
182	Authority; amending s. 338.231, F.S.; extending the
183	timeframe for application of requirement that the
184	department program in the tentative work program certain
185	funds relative to the share of toll collections
186	attributable to users of the turnpike system in certain
187	areas; removing a reference to conform; amending s.
188	339.08, F.S.; allowing moneys in the State Transportation
189	Trust Fund to be used to pay the cost of the Enhanced
190	Bridge Program for Sustainable Transportation; authorizing
191	the department to use funds for certain circumstances;
192	amending s. 339.175, F.S.; revising intent; providing the
193	method of creation and operation of M.P.O.'s required to
194	be designated pursuant to federal law; specifying that an
195	M.P.O. is separate from the state or the governing body of
196	a local government that is represented on the governing
197	board of the M.P.O. or that is a signatory to the
198	interlocal agreement creating the M.P.O.; providing
199	specified powers and privileges to the M.P.O.; providing
200	for the designation and duties of certain officials;
201	revising requirements for voting membership; defining the
202	term "elected officials of a general-purpose local
203	government" to exclude certain constitutional officers for
204	voting membership purposes; providing for the appointment
205	of alternates and advisers; providing that members of an
206	M.P.O. technical advisory committee shall serve at the
207	pleasure of the M.P.O.; providing for the appointment of
208	an executive or staff director and other personnel;
209	authorizing an M.P.O. to enter into contracts with public
210	or private entities to accomplish its duties and
211	functions; providing for the training of certain persons
212	who serve on an M.P.O. for certain purposes; requiring
213	that certain plans, programs, and amendments that affect
214	projects be approved by each M.P.O. on a recorded roll
215	call vote, or hand-counted vote, of a majority of the
216	membership present; amending s. 339.2819, F.S.; revising
217	the share of matching funds for a public transportation
218	project provided from the Transportation Regional
219	Incentive Program; creating s. 339.282, F.S.; providing
220	legislative findings; providing that property owners or
221	developers who voluntarily contribute right-of-way and
222	physically construct or expand a state transportation
223	facility or segment may receive certain credits against
224	any future transportation concurrency requirements under
225	certain conditions; creating s. 339.285, F.S.; creating
226	the Enhanced Bridge Program for Sustainable Transportation
227	within the Department of Transportation; providing for the
228	use of funds in the program; providing project guidelines
229	for program funding; amending s. 339.55, F.S.; providing
230	for the use of State Infrastructure Bank loans for certain
231	damaged transportation facilities in areas officially
232	declared to be in a state of emergency; providing
233	criteria; amending s. 339.63, F.S.; specifying criteria
234	for types of facilities of the Strategic Intermodal System
235	and the Emerging Strategic Intermodal System; directing
236	the Department of Transportation to designate facilities
237	to an intermodal system based on the criteria; directing
238	the Secretary of Transportation to designate airports
239	meeting specified criteria as part of the Strategic
240	Intermodal System; amending s. 341.071, F.S.; requiring
241	certain public transit providers to annually report
242	potential productivity and performance enhancements;
243	amending s. 343.81, F.S.; prohibiting elected officials
244	from serving on the Northwest Florida Transportation
245	Corridor Authority; providing for application of the
246	prohibition to apply to persons appointed to serve on the
247	authority after a certain date; amending s. 343.82, F.S.;
248	directing the authority to plan for and study the
249	feasibility of constructing, operating, and maintaining a
250	bridge or bridges, and appurtenant structures, spanning
251	Choctawhatchee Bay or Santa Rosa Sound; authorizing the
252	authority to construct, operate, and maintain said bridges
253	and structures; amending s. 334.30, F.S.; authorizing the
254	Department of Transportation to advance certain projects
255	in the Strategic Intermodal System Plan using funds
256	provided by public-private partnerships or private
257	entities; providing criteria for such leasing agreements;
258	providing that procurements of public-private partnerships
259	are not subject to specified provisions unless they are
260	part of the procurement agreement or the public-private
261	agreement; extending the unsolicited private proposal
262	advertisement period; providing criteria for qualification
263	of public-private partnerships as part of the procurement
264	process; providing for certain innovative financing
265	techniques for public-private partnerships; authorizing
266	the department to enter into public-private partnership
267	agreements that include extended terms under certain
268	conditions; requiring the department to provide a summary
269	of new public-private partnerships under certain
270	conditions; requiring certain projects to be prioritized
271	for selection; providing public-private partnership
272	agreement term limits; limiting the amount of certain
273	funds that may be obligated for public-private projects;
274	removing a provision for the speed of a certain fixed-
275	guideway transportation system; amending s. 338.165, F.S.;
276	providing for toll rate increases that are tied to certain
277	inflation indicators; providing for increases beyond
278	inflation amounts; amending s. 338.234, F.S.; granting the
279	Florida Turnpike Enterprise, its lessees, and licensees an
280	exemption from paying commercial rental tax on capital
281	improvements; amending s. 348.0003, F.S.; revising
282	members' financial disclosure requirements; amending s.
283	348.0004, F.S.; authorizing certain transportation-related
284	authorities to enter into agreements with private entities
285	for the building, operation, ownership, or financing of
286	transportation facilities; amending s. 348.0012, F.S.;
287	revising provisions for certain exemptions from the
288	Florida Expressway Authority Act; amending s. 348.754,
289	F.S.; authorizing the Orlando-Orange County Expressway
290	Authority to waive payment and performance bonds on
291	certain construction contracts if the contract is awarded
292	pursuant to an economic development program for the
293	encouragement of local small businesses; providing
294	criteria for participation in the program; providing
295	criteria for the bond waiver; providing for certain
296	determinations by the authority's executive director or a
297	designee as to the suitability of a project; providing for
298	certain payment obligations if a payment and performance
299	bond is waived; requiring the authority to record notice
300	of the obligation; limiting eligibility to bid on the
301	projects; providing for the authority to conduct bond
302	eligibility training for certain businesses; requiring the
303	authority to submit biennial reports to the Orange County
304	legislative delegation; amending ss. 163.3177, 339.176,
305	and 341.828, F.S.; correcting cross-references; amending
306	s. 2, ch. 89-383, Laws of Florida; providing for certain
307	alterations to and along Red Road in Miami-Dade County for
308	transportation safety purposes; amending s. 479.01, F.S.;
309	defining the term "wall mural"; creating s. 479.156, F.S.;
310	providing for the regulation of wall murals by
311	municipalities and counties; requiring that certain wall
312	murals be located in areas zoned for industrial or
313	commercial use; requiring that the local regulation of
314	wall murals be consistent with specified criteria;
315	requiring the Department of Transportation to approve a
316	wall mural under certain conditions; amending s. 316.1951,
317	F.S.; revising provisions relating to parking vehicles on
318	public property for the purpose of displaying the vehicles
319	for sale, hire, or rental; providing exceptions;
320	prohibiting certain acts in the sale of motor vehicles;
321	providing the Department of Management Services authority
322	to issue bonds for the site development and construction
323	of a First District Court of Appeals facility at a
324	specified location; providing an effective date.
325
326	Be It Enacted by the Legislature of the State of Florida:
327
328	Section 1.  Paragraphs (b) and (c) of subsection (2) of
329	section 20.23, Florida Statutes, are amended to read:
330	20.23  Department of Transportation.--There is created a
331	Department of Transportation which shall be a decentralized
332	agency.
333	(2)
334	(b)  The commission shall have the primary functions to:
335	1.  Recommend major transportation policies for the
336	Governor's approval, and assure that approved policies and any
337	revisions thereto are properly executed.
338	2.  Periodically review the status of the state
339	transportation system including highway, transit, rail, seaport,
340	intermodal development, and aviation components of the system
341	and recommend improvements therein to the Governor and the
342	Legislature.
343	3.  Perform an in-depth evaluation of the annual department
344	budget request, the Florida Transportation Plan, and the
345	tentative work program for compliance with all applicable laws
346	and established departmental policies. Except as specifically
347	provided in s. 339.135(4)(c)2., (d), and (f), the commission may
348	not consider individual construction projects, but shall
349	consider methods of accomplishing the goals of the department in
350	the most effective, efficient, and businesslike manner.
351	4.  Monitor the financial status of the department on a
352	regular basis to assure that the department is managing revenue
353	and bond proceeds responsibly and in accordance with law and
354	established policy.
355	5.  Monitor on at least a quarterly basis, the efficiency,
356	productivity, and management of the department, using
357	performance and production standards developed by the commission
358	pursuant to s. 334.045.
359	6.  Perform an in-depth evaluation of the factors causing
360	disruption of project schedules in the adopted work program and
361	recommend to the Legislature and the Governor methods to
362	eliminate or reduce the disruptive effects of these factors.
363	7.  Recommend to the Governor and the Legislature
364	improvements to the department's organization in order to
365	streamline and optimize the efficiency of the department. In
366	reviewing the department's organization, the commission shall
367	determine if the current district organizational structure is
368	responsive to Florida's changing economic and demographic
369	development patterns. The initial report by the commission must
370	be delivered to the Governor and Legislature by December 15,
371	2000, and each year thereafter, as appropriate. The commission
372	may retain such experts as are reasonably necessary to
373	effectuate this subparagraph, and the department shall pay the
374	expenses of such experts.
375	8.  Monitor the efficiency, productivity, and management of
376	the authorities created under chapters 343 and 348, including
377	any authority formed using the provisions of part I of chapter
378	348. The commission shall also conduct periodic reviews of each
379	authority's operations and budget, acquisition of property,
380	management of revenue and bond proceeds, and compliance with
381	applicable laws and generally accepted accounting principles.
382	(c)  The commission or a member thereof may not enter into
383	the day-to-day operation of the department or a monitored
384	authority and is specifically prohibited from taking part in:
385	1.  The awarding of contracts.
386	2.  The selection of a consultant or contractor or the
387	prequalification of any individual consultant or contractor.
388	However, the commission may recommend to the secretary standards
389	and policies governing the procedure for selection and
390	prequalification of consultants and contractors.
391	3.  The selection of a route for a specific project.
392	4.  The specific location of a transportation facility.
393	5.  The acquisition of rights-of-way.
394	6.  The employment, promotion, demotion, suspension,
395	transfer, or discharge of any department personnel.
396	7.  The granting, denial, suspension, or revocation of any
397	license or permit issued by the department.
398	Section 2.  Subsection (14) of section 112.061, Florida
399	Statutes, is amended to read:
400	112.061  Per diem and travel expenses of public officers,
401	employees, and authorized persons.--
402	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
403	SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
404	ORGANIZATIONS.--
405	(a)  The following entities may establish rates that vary
406	from the per diem rate provided in paragraph (6)(a), the
407	subsistence rates provided in paragraph (6)(b), or the mileage
408	rate provided in paragraph (7)(d) if those rates are not less
409	than the statutorily established rates that are in effect for
410	the 2005-2006 fiscal year:
411	1.  The governing body of a county by the enactment of an
412	ordinance or resolution;
413	2.  A county constitutional officer, pursuant to s. 1(d),
414	Art. VIII of the State Constitution, by the establishment of
415	written policy;
416	3.  The governing body of a district school board by the
417	adoption of rules; or
418	4.  The governing body of a special district, as defined in
419	s. 189.403(1), except those special districts that are subject
420	to s. 166.021(10), by the enactment of a resolution; or
421	5.  Any metropolitan planning organization created pursuant
422	to s. 339.175 or any other separate legal or administrative
423	entity created pursuant to s. 339.175 of which a metropolitan
424	planning organization is a member, by the enactment of a
425	resolution.
426	(b)  Rates established pursuant to paragraph (a) must apply
427	uniformly to all travel by the county, county constitutional
428	officer and entity governed by that officer, district school
429	board, or special district, or metropolitan planning
430	organization.
431	(c)  Except as otherwise provided in this subsection,
432	counties, county constitutional officers and entities governed
433	by those officers, district school boards, and special
434	districts, and metropolitan planning organizations, other than
435	those subject to s. 166.021(10), remain subject to the
436	requirements of this section.
437	Section 3.  Subsection (1) of section 120.52, Florida
438	Statutes, is amended to read:
439	120.52  Definitions.--As used in this act:
440	(1)  "Agency" means:
441	(a)  The Governor in the exercise of all executive powers
442	other than those derived from the constitution.
443	(b)  Each:
444	1.  State officer and state department, and each
445	departmental unit described in s. 20.04.
446	2.  Authority, including a regional water supply authority.
447	3.  Board.
448	4.  Commission, including the Commission on Ethics and the
449	Fish and Wildlife Conservation Commission when acting pursuant
450	to statutory authority derived from the Legislature.
451	5.  Regional planning agency.
452	6.  Multicounty special district with a majority of its
453	governing board comprised of nonelected persons.
454	7.  Educational units.
455	8.  Entity described in chapters 163, 373, 380, and 582 and
456	s. 186.504.
457	(c)  Each other unit of government in the state, including
458	counties and municipalities, to the extent they are expressly
459	made subject to this act by general or special law or existing
460	judicial decisions.
461
462	This definition does not include any legal entity or agency
463	created in whole or in part pursuant to chapter 361, part II,
464	any metropolitan planning organization created pursuant to s.
465	339.175, any separate legal or administrative entity created
466	pursuant to s. 339.175 of which a metropolitan planning
467	organization is a member, an expressway authority pursuant to
468	chapter 348 or transportation authority under chapter 349, any
469	legal or administrative entity created by an interlocal
470	agreement pursuant to s. 163.01(7), unless any party to such
471	agreement is otherwise an agency as defined in this subsection,
472	or any multicounty special district with a majority of its
473	governing board comprised of elected persons; however, this
474	definition shall include a regional water supply authority.
475	Section 4.  Subsection (3) of section 349.03, Florida
476	Statutes, is amended to read:
477	349.03  Jacksonville Transportation Authority.--
478	(3)  The terms of appointed members shall be for 4 years
479	deemed to have commenced on June 1 of the year in which they are
480	appointed. Each member shall hold office until a successor has
481	been appointed and has qualified. A vacancy during a term shall
482	be filled by the respective appointing authority only for the
483	balance of the unexpired term. Any member appointed to the
484	authority for two consecutive full terms shall not be eligible
485	for appointment to the next succeeding term. One of the members
486	so appointed shall be designated annually by the members as
487	chair of the authority, one member shall be designated annually
488	as the vice chair of the authority, one member shall be
489	designated annually as the secretary of the authority, and one
490	member shall be designated annually as the treasurer of the
491	authority. The members of the authority shall not be entitled to
492	compensation, but shall be reimbursed for travel expenses or
493	other expenses actually incurred in their duties as provided by
494	law. Four voting members of the authority shall constitute a
495	quorum, and no resolution adopted by the authority shall become
496	effective unless with the affirmative vote of at least four
497	members. The authority shall may employ an executive director,
498	and the executive director may hire such staff, permanent or
499	temporary, as he or she may determine and may organize the staff
500	of the authority into such departments and units as he or she
501	may determine divisions as it deems necessary. The executive
502	director It may appoint department directors, deputy directors,
503	division chiefs, and staff assistants to the executive director,
504	as he or she may determine. In so appointing the executive
505	director, the authority may fix the compensation of such
506	appointee those appointees, who shall serve at the pleasure of
507	the authority. All employees of the authority shall be exempt
508	from the provisions of part II of chapter 110. The authority may
509	employ such financial advisers and consultants, technical
510	experts, engineers, and agents and employees, permanent or
511	temporary, as it may require and may fix the compensation and
512	qualifications of such persons, firms, or corporations. The
513	authority may delegate to one or more of its agents or employees
514	such of its powers as it shall deem necessary to carry out the
515	purposes of this chapter, subject always to the supervision and
516	control of the governing body of the authority.
517	Section 5.  Paragraph (n) is added to subsection (2) of
518	section 349.04, Florida Statutes, to read:
519	349.04  Purposes and powers.--
520	(2)  The authority is hereby granted, and shall have and
521	may exercise all powers necessary, appurtenant, convenient, or
522	incidental to the carrying out of the aforesaid purposes,
523	including, but without being limited to, the right and power:
524	(n)  To adopt rules to carry out the powers and obligations
525	herein granted, which set forth a purpose, necessary
526	definitions, forms, general conditions and procedures, and fines
527	and penalties, including, without limitation, suspension or
528	debarment, and charges for nonperformance, with respect to any
529	aspect of the work or function of the authority for the
530	permitting, planning, funding, design, acquisition,
531	construction, equipping, operation, and maintenance of
532	transportation facilities, transit and highway, within the
533	state, provided or operated by the authority or others in
534	cooperation with or at the direction of the authority, and for
535	carrying out all other purposes of the authority set forth or
536	authorized in this chapter.
537	Section 6.  Subsection (11), paragraph (a) of subsection
538	(42), and paragraph (b) of subsection (52) of section 121.021,
539	Florida Statutes, are amended, and subsection (62) is added to
540	that section, to read:
541	121.021  Definitions.--The following words and phrases as
542	used in this chapter have the respective meanings set forth
543	unless a different meaning is plainly required by the context:
544	(11)  "Officer or employee" means any person receiving
545	salary payments for work performed in a regularly established
546	position and, if employed by a city, a metropolitan planning
547	organization, or a special district, employed in a covered
548	group.
549	(42)(a)  "Local agency employer" means the board of county
550	commissioners or other legislative governing body of a county,
551	however styled, including that of a consolidated or metropolitan
552	government; a clerk of the circuit court, sheriff, property
553	appraiser, tax collector, or supervisor of elections, provided
554	such officer is elected or has been appointed to fill a vacancy
555	in an elective office; a community college board of trustees or
556	district school board; or the governing body of any city,
557	metropolitan planning organization created pursuant to s.
558	339.175 or any other separate legal or administrative entity
559	created pursuant to s. 339.175, or special district of the state
560	which participates in the system for the benefit of certain of
561	its employees.
562	(52)  "Regularly established position" is defined as
563	follows:
564	(b)  In a local agency (district school board, county
565	agency, community college, city, metropolitan planning
566	organization, or special district), the term means a regularly
567	established position which will be in existence for a period
568	beyond 6 consecutive months, except as provided by rule.
569	(62)  "Metropolitan planning organization" means an entity
570	created by an interlocal agreement pursuant to s. 339.175 or any
571	other entity created pursuant to s. 339.175.
572	Section 7.  Paragraph (b) of subsection (2) of section
573	121.051, Florida Statutes, is amended to read:
574	121.051  Participation in the system.--
575	(2)  OPTIONAL PARTICIPATION.--
576	(b)1.  The governing body of any municipality, metropolitan
577	planning organization, or special district in the state may
578	elect to participate in the system upon proper application to
579	the administrator and may cover all or any of its units as
580	approved by the Secretary of Health and Human Services and the
581	administrator. The department shall adopt rules establishing
582	provisions for the submission of documents necessary for such
583	application. Prior to being approved for participation in the
584	Florida Retirement System, the governing body of any such
585	municipality, metropolitan planning organization, or special
586	district that has a local retirement system shall submit to the
587	administrator a certified financial statement showing the
588	condition of the local retirement system as of a date within 3
589	months prior to the proposed effective date of membership in the
590	Florida Retirement System. The statement must be certified by a
591	recognized accounting firm that is independent of the local
592	retirement system. All required documents necessary for
593	extending Florida Retirement System coverage must be received by
594	the department for consideration at least 15 days prior to the
595	proposed effective date of coverage. If the municipality,
596	metropolitan planning organization, or special district does not
597	comply with this requirement, the department may require that
598	the effective date of coverage be changed.
599	2.  Any city, metropolitan planning organization, or
600	special district that has an existing retirement system covering
601	the employees in the units that are to be brought under the
602	Florida Retirement System may participate only after holding a
603	referendum in which all employees in the affected units have the
604	right to participate. Only those employees electing coverage
605	under the Florida Retirement System by affirmative vote in said
606	referendum shall be eligible for coverage under this chapter,
607	and those not participating or electing not to be covered by the
608	Florida Retirement System shall remain in their present systems
609	and shall not be eligible for coverage under this chapter. After
610	the referendum is held, all future employees shall be compulsory
611	members of the Florida Retirement System.
612	3.  The governing body of any city, metropolitan planning
613	organization, or special district complying with subparagraph 1.
614	may elect to provide, or not provide, benefits based on past
615	service of officers and employees as described in s. 121.081(1).
616	However, if such employer elects to provide past service
617	benefits, such benefits must be provided for all officers and
618	employees of its covered group.
619	4.  Once this election is made and approved it may not be
620	revoked, except pursuant to subparagraphs 5. and 6., and all
621	present officers and employees electing coverage under this
622	chapter and all future officers and employees shall be
623	compulsory members of the Florida Retirement System.
624	5.  Subject to the conditions set forth in subparagraph 6.,
625	the governing body of any hospital licensed under chapter 395
626	which is governed by the board of a special district as defined
627	in s. 189.403(1) or by the board of trustees of a public health
628	trust created under s. 154.07, hereinafter referred to as
629	"hospital district," and which participates in the system, may
630	elect to cease participation in the system with regard to future
631	employees in accordance with the following procedure:
632	a.  No more than 30 days and at least 7 days before
633	adopting a resolution to partially withdraw from the Florida
634	Retirement System and establish an alternative retirement plan
635	for future employees, a public hearing must be held on the
636	proposed withdrawal and proposed alternative plan.
637	b.  From 7 to 15 days before such hearing, notice of intent
638	to withdraw, specifying the time and place of the hearing, must
639	be provided in writing to employees of the hospital district
640	proposing partial withdrawal and must be published in a
641	newspaper of general circulation in the area affected, as
642	provided by ss. 50.011-50.031. Proof of publication of such
643	notice shall be submitted to the Department of Management
644	Services.
645	c.  The governing body of any hospital district seeking to
646	partially withdraw from the system must, before such hearing,
647	have an actuarial report prepared and certified by an enrolled
648	actuary, as defined in s. 112.625(3), illustrating the cost to
649	the hospital district of providing, through the retirement plan
650	that the hospital district is to adopt, benefits for new
651	employees comparable to those provided under the Florida
652	Retirement System.
653	d.  Upon meeting all applicable requirements of this
654	subparagraph, and subject to the conditions set forth in
655	subparagraph 6., partial withdrawal from the system and adoption
656	of the alternative retirement plan may be accomplished by
657	resolution duly adopted by the hospital district board. The
658	hospital district board must provide written notice of such
659	withdrawal to the division by mailing a copy of the resolution
660	to the division, postmarked no later than December 15, 1995. The
661	withdrawal shall take effect January 1, 1996.
662	6.  Following the adoption of a resolution under sub-
663	subparagraph 5.d., all employees of the withdrawing hospital
664	district who were participants in the Florida Retirement System
665	prior to January 1, 1996, shall remain as participants in the
666	system for as long as they are employees of the hospital
667	district, and all rights, duties, and obligations between the
668	hospital district, the system, and the employees shall remain in
669	full force and effect. Any employee who is hired or appointed on
670	or after January 1, 1996, may not participate in the Florida
671	Retirement System, and the withdrawing hospital district shall
672	have no obligation to the system with respect to such employees.
673	Section 8.  Paragraph (l) is added to subsection (1) of
674	section 121.055, Florida Statutes, to read:
675	121.055  Senior Management Service Class.--There is hereby
676	established a separate class of membership within the Florida
677	Retirement System to be known as the "Senior Management Service
678	Class," which shall become effective February 1, 1987.
679	(1)
680	(l)  For each metropolitan planning organization that has
681	opted to become part of the Florida Retirement System,
682	participation in the Senior Management Service Class shall be
683	compulsory for the executive director or staff director of that
684	metropolitan planning organization.
685	Section 9.  Paragraphs (a) and (c) of subsection (2) of
686	section 121.061, Florida Statutes, are amended to read:
687	121.061  Funding.--
688	(2)(a)  Should any employer other than a state employer
689	fail to make the retirement and social security contributions,
690	both member and employer contributions, required by this
691	chapter, then, upon request by the administrator, the Department
692	of Revenue or the Department of Financial Services, as the case
693	may be, shall deduct the amount owed by the employer from any
694	funds to be distributed by it to the county, city, metropolitan
695	planning organization, special district, or consolidated form of
696	government. The amounts so deducted shall be transferred to the
697	administrator for further distribution to the trust funds in
698	accordance with this chapter.
699	(c)  The governing body of each county, city, metropolitan
700	planning organization, special district, or consolidated form of
701	government participating under this chapter or the
702	administrator, acting individually or jointly, is hereby
703	authorized to file and maintain an action in the courts of the
704	state to require any employer to remit any retirement or social
705	security member contributions or employer matching payments due
706	the retirement or social security trust funds under the
707	provisions of this chapter.
708	Section 10.  Paragraphs (a), (b), and (e) of subsection (1)
709	of section 121.081, Florida Statutes, are amended to read:
710	121.081  Past service; prior service; contributions.--
711	Conditions under which past service or prior service may be
712	claimed and credited are:
713	(1)(a)  Past service, as defined in s. 121.021(18), may be
714	claimed as creditable service by officers or employees of a
715	city, metropolitan planning organization, or special district
716	that become a covered group under this system. The governing
717	body of a covered group in compliance with s. 121.051(2)(b) may
718	elect to provide benefits with respect to past service earned
719	prior to January 1, 1975, in accordance with this chapter, and
720	the cost for such past service shall be established by applying
721	the following formula: The member contribution for both regular
722	and special risk members shall be 4 percent of the gross annual
723	salary for each year of past service claimed, plus 4-percent
724	employer matching contribution, plus 4 percent interest thereon
725	compounded annually, figured on each year of past service, with
726	interest compounded from date of annual salary earned until July
727	1, 1975, and 6.5 percent interest compounded annually thereafter
728	until date of payment. Once the total cost for a member has been
729	figured to date, then after July 1, 1975, 6.5 percent compounded
730	interest shall be added each June 30 thereafter on any unpaid
731	balance until the cost of such past service liability is paid in
732	full. The following formula shall be used in calculating past
733	service earned prior to January 1, 1975: (Annual gross salary
734	multiplied by 8 percent) multiplied by the 4 percent or 6.5
735	percent compound interest table factor, as may be applicable.
736	The resulting product equals cost to date for each particular
737	year of past service.
738	(b)  Past service earned after January 1, 1975, may be
739	claimed by officers or employees of a city, metropolitan
740	planning organization, or special district that becomes a
741	covered group under this system. The governing body of a covered
742	group may elect to provide benefits with respect to past service
743	earned after January 1, 1975, in accordance with this chapter,
744	and the cost for such past service shall be established by
745	applying the following formula: The employer shall contribute an
746	amount equal to the contribution rate in effect at the time the
747	service was earned, multiplied by the employee's gross salary
748	for each year of past service claimed, plus 6.5 percent interest
749	thereon, compounded annually, figured on each year of past
750	service, with interest compounded from date of annual salary
751	earned until date of payment.
752	(e)  Past service, as defined in s. 121.021(18), may be
753	claimed as creditable service by a member of the Florida
754	Retirement System who formerly was an officer or employee of a
755	city, metropolitan planning organization, or special district,
756	notwithstanding the status or form of the retirement system, if
757	any, of that city, metropolitan planning organization, or
758	special district and irrespective of whether officers or
759	employees of that city, metropolitan planning organization, or
760	special district now or hereafter become a covered group under
761	the Florida Retirement System. Such member may claim creditable
762	service and be entitled to the benefits accruing to the regular
763	class of members as provided for the past service claimed under
764	this paragraph by paying into the retirement trust fund an
765	amount equal to the total actuarial cost of providing the
766	additional benefit resulting from such past-service credit,
767	discounted by the applicable actuarial factors to date of
768	retirement.
769	Section 11.  Paragraph (e) is added to subsection (15) of
770	section 163.3180, Florida Statutes, to read:
771	163.3180  Concurrency.--
772	(15)
773	(e)  By December 1, 2007, the Department of Transportation,
774	in consultation with the state land planning agency and
775	interested local governments, may designate a study area for
776	conducting a pilot project to determine the benefits of and
777	barriers to establishing a regional multimodal transportation
778	concurrency district that extends over more than one local
779	government jurisdiction. If designated:
780	1.  The study area must be in a county that has a
781	population of at least 1,000 persons per square mile, be within
782	an urban service area, and have the consent of the local
783	governments within the study area. The Department of
784	Transportation and the state land planning agency shall provide
785	technical assistance.
786	2.  The local governments within the study area and the
787	Department of Transportation, in consultation with the state
788	land planning agency, shall cooperatively create a multimodal
789	transportation plan that meets the requirements of this section.
790	The multimodal transportation plan must include viable local
791	funding options and incorporate community design features,
792	including a range of mixed land uses and densities and
793	intensities, which will reduce the number of automobile trips or
794	vehicle miles of travel while supporting an integrated,
795	multimodal transportation system.
796	3.  To effectuate the multimodal transportation concurrency
797	district, participating local governments may adopt appropriate
798	comprehensive plan amendments.
799	4.  The Department of Transportation, in consultation with
800	the state land planning agency, shall submit a report by March
801	1, 2009, to the Governor, the President of the Senate, and the
802	Speaker of the House of Representatives on the status of the
803	pilot project. The report must identify any factors that support
804	or limit the creation and success of a regional multimodal
805	transportation district including intergovernmental
806	coordination.
807	Section 12.  Section 163.3182, Florida Statutes, is created
808	to read:
809	163.3182  Transportation concurrency backlogs.--
810	(1)  DEFINITIONS.--For purposes of this section, the term:
811	(a)  "Transportation concurrency backlog area" means the
812	geographic area within the unincorporated portion of a county or
813	within the municipal boundary of a municipality designated in a
814	local government comprehensive plan for which a transportation
815	concurrency backlog authority is created pursuant to this
816	section. A transportation concurrency backlog area created
817	within the corporate boundary of a municipality shall be made
818	pursuant to an interlocal agreement between a county, a
819	municipality or municipalities, and any affected taxing
820	authority or authorities.
821	(b)  "Authority" or "transportation concurrency backlog
822	authority" means the governing body of a county or municipality
823	within which an authority is created.
824	(c)  "Governing body" means the council, commission, or
825	other legislative body charged with governing the county or
826	municipality within which a transportation concurrency backlog
827	authority is created pursuant to this section.
828	(d)  "Transportation concurrency backlog" means an
829	identified deficiency where the existing extent of traffic
830	volume exceeds the level of service standard adopted in a local
831	government comprehensive plan for a transportation facility.
832	(e)  "Transportation concurrency backlog plan" means the
833	plan adopted as part of a local government comprehensive plan by
834	the governing body of a county or municipality acting as a
835	transportation concurrency backlog authority.
836	(f)  "Transportation concurrency backlog project" means any
837	designated transportation project identified for construction
838	within the jurisdiction of a transportation concurrency backlog
839	authority.
840	(g)  "Debt service millage" means any millage levied
841	pursuant to s. 12, Art. VII of the State Constitution.
842	(h)  "Increment revenue" means the amount calculated
843	pursuant to subsection (5).
844	(i)  "Taxing authority" means a public body that levies or
845	is authorized to levy an ad valorem tax on real property located
846	within a transportation concurrency backlog area, except a
847	school district.
848	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
849	AUTHORITIES.--
850	(a)  A county or municipality may create a transportation
851	concurrency backlog authority if it has an identified
852	transportation concurrency backlog.
853	(b)  Acting as the transportation concurrency backlog
854	authority within the authority's jurisdictional boundary, the
855	governing body of a county or municipality shall adopt and
856	implement a plan to eliminate all identified transportation
857	concurrency backlogs within the authority's jurisdiction using
858	funds provided pursuant to subsection (5) and as otherwise
859	provided pursuant to this section.
860	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
861	AUTHORITY.--Each transportation concurrency backlog authority
862	has the powers necessary or convenient to carry out the purposes
863	of this section, including the following powers in addition to
864	others granted in this section:
865	(a)  To make and execute contracts and other instruments
866	necessary or convenient to the exercise of its powers under this
867	section.
868	(b)  To undertake and carry out transportation concurrency
869	backlog projects for transportation facilities that have a
870	concurrency backlog within the authority's jurisdiction.
871	Concurrency backlog projects may include transportation
872	facilities that provide for alternative modes of travel
873	including sidewalks, bikeways, and mass transit which are
874	related to a backlogged transportation facility.
875	(c)  To invest any transportation concurrency backlog funds
876	held in reserve, sinking funds, or any such funds not required
877	for immediate disbursement in property or securities in which
878	savings banks may legally invest funds subject to the control of
879	the authority and to redeem such bonds as have been issued
880	pursuant to this section at the redemption price established
881	therein, or to purchase such bonds at less than redemption
882	price. All such bonds redeemed or purchased shall be canceled.
883	(d)  To borrow money, apply for and accept advances, loans,
884	grants, contributions, and any other forms of financial
885	assistance from the Federal Government or the state, county, or
886	any other public body or from any sources, public or private,
887	for the purposes of this part, to give such security as may be
888	required, to enter into and carry out contracts or agreements,
889	and to include in any contracts for financial assistance with
890	the Federal Government for or with respect to a transportation
891	concurrency backlog project and related activities such
892	conditions imposed pursuant to federal laws as the
893	transportation concurrency backlog authority considers
894	reasonable and appropriate and which are not inconsistent with
895	the purposes of this section.
896	(e)  To make or have made all surveys and plans necessary
897	to the carrying out of the purposes of this section, to contract
898	with any persons, public or private, in making and carrying out
899	such plans, and to adopt, approve, modify, or amend such
900	transportation concurrency backlog plans.
901	(f)  To appropriate such funds and make such expenditures
902	as are necessary to carry out the purposes of this section, and
903	to enter into agreements with other public bodies, which
904	agreements may extend over any period notwithstanding any
905	provision or rule of law to the contrary.
906	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
907	(a)  Each transportation concurrency backlog authority
908	shall adopt a transportation concurrency backlog plan as a part
909	of the local government comprehensive plan within 6 months after
910	the creation of the authority. The plan shall:
911	1.  Identify all transportation facilities that have been
912	designated as deficient and require the expenditure of moneys to
913	upgrade, modify, or mitigate the deficiency.
914	2.  Include a priority listing of all transportation
915	facilities that have been designated as deficient and do not
916	satisfy concurrency requirements pursuant to s. 163.3180, and
917	the applicable local government comprehensive plan.
918	3.  Establish a schedule for financing and construction of
919	transportation concurrency backlog projects that will eliminate
920	transportation concurrency backlogs within the jurisdiction of
921	the authority within 10 years after the transportation
922	concurrency backlog plan adoption. The schedule shall be adopted
923	as part of the local government comprehensive plan.
924	(b)  The adoption of the transportation concurrency backlog
925	plan shall be exempt from the provisions of s. 163.3187(1).
926	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
927	concurrency backlog authority shall establish a local
928	transportation concurrency backlog trust fund upon creation of
929	the authority. Each local trust fund shall be administered by
930	the transportation concurrency backlog authority within which a
931	transportation concurrency backlog has been identified.
932	Beginning in the first fiscal year after the creation of the
933	authority, each local trust fund shall be funded by the proceeds
934	of an ad valorem tax increment collected within each
935	transportation concurrency backlog area to be determined
936	annually and shall be 25 percent of the difference between:
937	(a)  The amount of ad valorem tax levied each year by each
938	taxing authority, exclusive of any amount from any debt service
939	millage, on taxable real property contained within the
940	jurisdiction of the transportation concurrency backlog authority
941	and within the transportation backlog area; and
942	(b)  The amount of ad valorem taxes which would have been
943	produced by the rate upon which the tax is levied each year by
944	or for each taxing authority, exclusive of any debt service
945	millage, upon the total of the assessed value of the taxable
946	real property within the transportation concurrency backlog area
947	as shown on the most recent assessment roll used in connection
948	with the taxation of such property of each taxing authority
949	prior to the effective date of the ordinance funding the trust
950	fund.
951	(6)  EXEMPTIONS.--
952	(a)  The following public bodies or taxing authorities are
953	exempt from the provision of this section:
954	1.  A special district that levies ad valorem taxes on
955	taxable real property in more than one county.
956	2.  Special district for which the sole available source of
957	revenue is the authority to levy ad valorem taxes at the time an
958	ordinance is adopted under this section. However, revenues or
959	aid that may be dispensed or appropriated to a district as
960	defined in s. 388.011 at the discretion of an entity other than
961	such district shall not be deemed available.
962	3.  A library district.
963	4.  A neighborhood improvement district created under the
964	Safe Neighborhoods Act.
965	5.  A metropolitan transportation authority.
966	6.  A water management district created under s. 373.069.
967	7.  A community redevelopment agency.
968	(b)  A transportation concurrency exemption authority may
969	also exempt from this section a special district that levies ad
970	valorem taxes within the transportation concurrency backlog area
971	pursuant to s. 163.387(2)(d).
972	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
973	adoption of a transportation concurrency backlog plan as a part
974	of the local government comprehensive plan, and the plan going
975	into effect, the area subject to the plan shall be deemed to
976	have achieved and maintained transportation level of service
977	standards, and to have met requirements for financial
978	feasibility for transportation facilities, and for the purpose
979	of proposed development transportation concurrency has been
980	satisfied. Proportionate fair share mitigation shall be limited
981	to ensure that a development inside a transportation concurrency
982	backlog area is not responsible for the additional costs of
983	eliminating backlogs.
984	(8)  DISSOLUTION.--Upon completion of all transportation
985	concurrency backlog projects, a transportation concurrency
986	backlog authority shall be dissolved and its assets and
987	liabilities shall be transferred to the county or municipality
988	within which the authority is located. All remaining assets of
989	the authority must be used for implementation of transportation
990	projects within the jurisdiction of the authority. The local
991	government comprehensive plan shall be amended to remove the
992	transportation concurrency backlog plan.
993	Section 13.  Subsection (14) is added to section 163.3191,
994	Florida Statutes, to read:
995	163.3191  Evaluation and appraisal of comprehensive plan.--
996	(14)  The requirement of subsection (10) prohibiting a
997	local government from adopting amendments to the local
998	comprehensive plan until the evaluation and appraisal report
999	update amendments have been adopted and transmitted to the state
1000	land planning agency does not apply to a plan amendment proposed
1001	for adoption by the appropriate local government as defined in
1002	s. 163.3178(2)(k) in order to integrate a port comprehensive
1003	master plan with the coastal management element of the local
1004	comprehensive plan as required by s. 163.3178(2)(k) if the port
1005	comprehensive master plan or the proposed plan amendment does
1006	not cause or contribute to the failure of the local government
1007	to comply with the requirements of the evaluation and appraisal
1008	report.
1009	Section 14.  Paragraph (e) of subsection (2) of section
1010	212.055, Florida Statutes, are amended to read:
1011	212.055  Discretionary sales surtaxes; legislative intent;
1012	authorization and use of proceeds.--It is the legislative intent
1013	that any authorization for imposition of a discretionary sales
1014	surtax shall be published in the Florida Statutes as a
1015	subsection of this section, irrespective of the duration of the
1016	levy.  Each enactment shall specify the types of counties
1017	authorized to levy; the rate or rates which may be imposed; the
1018	maximum length of time the surtax may be imposed, if any; the
1019	procedure which must be followed to secure voter approval, if
1020	required; the purpose for which the proceeds may be expended;
1021	and such other requirements as the Legislature may provide.
1022	Taxable transactions and administrative procedures shall be as
1023	provided in s. 212.054.
1024	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
1025	(e)  School districts, counties, and municipalities
1026	receiving proceeds under the provisions of this subsection may
1027	pledge such proceeds for the purpose of servicing new bond
1028	indebtedness incurred pursuant to law. Local governments may use
1029	the services of the Division of Bond Finance of the State Board
1030	of Administration pursuant to the State Bond Act to issue any
1031	bonds through the provisions of this subsection. In no case may
1032	a jurisdiction issue bonds pursuant to this subsection more
1033	frequently than once per year. Counties and municipalities may
1034	join together for the issuance of bonds authorized by this
1035	subsection.
1036	Section 15.  Subsection (1) of section 215.615, Florida
1037	Statutes, is amended to read:
1038	215.615  Fixed-guideway transportation systems funding.--
1039	(1)  The issuance of revenue bonds by the Division of Bond
1040	Finance, on behalf of the Department of Transportation, pursuant
1041	to s. 11, Art. VII of the State Constitution, is authorized,
1042	pursuant to the State Bond Act, to finance or refinance fixed
1043	capital expenditures for fixed-guideway transportation systems,
1044	as defined in s. 341.031, including facilities appurtenant
1045	thereto, costs of issuance, and other amounts relating to such
1046	financing or refinancing. Such revenue bonds shall be matched on
1047	a 50-50 basis with funds from sources other than revenues of the
1048	Department of Transportation, in a manner acceptable to the
1049	Department of Transportation. The Division of Bond Finance is
1050	authorized to consider innovative financing techniques,
1051	technologies which may include, but are not limited to,
1052	innovative bidding and structures of potential financings
1053	findings that may result in negotiated transactions. The
1054	following conditions apply to the issuance of revenue bonds for
1055	fixed-guideway transportation systems:
1056	(a)  The department and any participating commuter rail
1057	authority or regional transportation authority established under
1058	chapter 343, local governments, or local governments
1059	collectively by interlocal agreement having jurisdiction of a
1060	fixed-guideway transportation system may enter into an
1061	interlocal agreement to promote the efficient and cost-effective
1062	financing or refinancing of fixed-guideway transportation system
1063	projects by revenue bonds issued pursuant to this subsection.
1064	The terms of such interlocal agreements shall include provisions
1065	for the Department of Transportation to request the issuance of
1066	the bonds on behalf of the parties; shall provide that after
1067	reimbursement pursuant to interlocal agreement, the department's
1068	share may be up to 50 percent of the eligible project cost,
1069	which may include a share of annual each party to the agreement
1070	is contractually liable for an equal share of funding an amount
1071	equal to the debt service requirements of such bonds; and shall
1072	include any other terms, provisions, or covenants necessary to
1073	the making of and full performance under such interlocal
1074	agreement. Repayments made to the department under any
1075	interlocal agreement are not pledged to the repayment of bonds
1076	issued hereunder, and failure of the local governmental
1077	authority to make such payment shall not affect the obligation
1078	of the department to pay debt service on the bonds.
1079	(b)  Revenue bonds issued pursuant to this subsection shall
1080	not constitute a general obligation of, or a pledge of the full
1081	faith and credit of, the State of Florida. Bonds issued pursuant
1082	to this section shall be payable from funds available pursuant
1083	to s. 206.46(3), or other funds available to the project,
1084	subject to annual appropriation. The amount of revenues
1085	available for debt service shall never exceed a maximum of 2
1086	percent of all state revenues deposited into the State
1087	Transportation Trust Fund.
1088	(c)  The projects to be financed or refinanced with the
1089	proceeds of the revenue bonds issued hereunder are designated as
1090	state fixed capital outlay projects for purposes of s. 11(d),
1091	Art. VII of the State Constitution, and the specific projects to
1092	be financed or refinanced shall be determined by the Department
1093	of Transportation in accordance with state law and
1094	appropriations from the State Transportation Trust Fund. Each
1095	project to be financed with the proceeds of the bonds issued
1096	pursuant to this subsection must first be approved by the
1097	Legislature by an act of general law.
1098	(d)  Any complaint for validation of bonds issued pursuant
1099	to this section shall be filed in the circuit court of the
1100	county where the seat of state government is situated, the
1101	notice required to be published by s. 75.06 shall be published
1102	only in the county where the complaint is filed, and the
1103	complaint and order of the circuit court shall be served only on
1104	the state attorney of the circuit in which the action is
1105	pending.
1106	(e)  The state does hereby covenant with holders of such
1107	revenue bonds or other instruments of indebtedness issued
1108	hereunder, that it will not repeal or impair or amend these
1109	provisions in any manner that will materially and adversely
1110	affect the rights of such holders as long as bonds authorized by
1111	this subsection are outstanding.
1112	(f)  This subsection supersedes any inconsistent provisions
1113	in existing law.
1114
1115	Notwithstanding this subsection, the lien of revenue bonds
1116	issued pursuant to this subsection on moneys deposited into the
1117	State Transportation Trust Fund shall be subordinate to the lien
1118	on such moneys of bonds issued under ss. 215.605, 320.20, and
1119	215.616, and any pledge of such moneys to pay operating and
1120	maintenance expenses under s. 206.46(5) and chapter 348, as may
1121	be amended.
1122	Section 16.  Subsection (1) of section 311.22, Florida
1123	Statutes, is amended to read:
1124	311.22  Additional authorization for funding certain
1125	dredging projects.--
1126	(1)  The Florida Seaport Transportation and Economic
1127	Development Council shall establish a program to fund dredging
1128	projects in counties having a population of fewer than 300,000
1129	according to the last official census. Funds made available
1130	under this program may be used to fund approved projects for the
1131	dredging or deepening of channels, turning basins, or harbors on
1132	a 25-percent local 50-50 matching basis with any port authority,
1133	as such term is defined in s. 315.02(2), which complies with the
1134	permitting requirements in part IV of chapter 373 and the local
1135	financial management and reporting provisions of part III of
1136	chapter 218.
1137	Section 17.  Section 316.2123, Florida Statutes, is amended
1138	to read:
1139	316.2123  Operation of an ATV on certain roadways.--
1140	(1)  The operation of an ATV, as defined in s. 317.0003,
1141	upon the public roads or streets of this state is prohibited,
1142	except that an ATV may be operated during the daytime on an
1143	unpaved roadway where the posted speed limit is less than 35
1144	miles per hour by a licensed driver or by a minor under the
1145	supervision of a licensed driver. The operator must provide
1146	proof of ownership pursuant to chapter 317 upon request by a law
1147	enforcement officer.
1148	(2)  A county is exempt from this section if the governing
1149	body of the county, by majority vote, following a noticed public
1150	hearing, votes to exempt the county from this section.
1151	Alternatively, a county may, by majority vote after such a
1152	hearing, designate certain unpaved roadways where an ATV may be
1153	operated during the daytime as long as each such designated
1154	roadway has a posted speed limit of less than 35 miles per hour
1155	and is appropriately marked to indicate permissible ATV use.
1156	(3)  Any ATV operation that is permitted under subsection
1157	(1) or subsection (2) may be undertaken only by a licensed
1158	driver or a minor who is under the direct supervision of a
1159	licensed driver. The operator must provide proof of ownership
1160	under chapter 317 upon the request of a law enforcement officer.
1161	Section 18.  Subsection (1) of section 316.605, Florida
1162	Statutes, is amended to read:
1163	316.605  Licensing of vehicles.--
1164	(1)  Every vehicle, at all times while driven, stopped, or
1165	parked upon any highways, roads, or streets of this state, shall
1166	be licensed in the name of the owner thereof in accordance with
1167	the laws of this state unless such vehicle is not required by
1168	the laws of this state to be licensed in this state and shall,
1169	except as otherwise provided in s. 320.0706 for front-end
1170	registration license plates on truck tractors and s. 320.086(5)
1171	which exempts display of license plates on described former
1172	military vehicles, display the license plate or both of the
1173	license plates assigned to it by the state, one on the rear and,
1174	if two, the other on the front of the vehicle, each to be
1175	securely fastened to the vehicle outside the main body of the
1176	vehicle not higher than 60 inches and not lower than 12 inches
1177	from the ground and no more than 24 inches to the left or right
1178	of the centerline of the vehicle, and in such manner as to
1179	prevent the plates from swinging, and all letters, numerals,
1180	printing, writing, and other identification marks upon the
1181	plates regarding the word "Florida," the registration decal, and
1182	the alphanumeric designation shall be clear and distinct and
1183	free from defacement, mutilation, grease, and other obscuring
1184	matter, so that they will be plainly visible and legible at all
1185	times 100 feet from the rear or front. Vehicle license plates
1186	shall be affixed and displayed in such a manner that the letters
1187	and numerals shall be read from left to right parallel to the
1188	ground. No vehicle license plate may be displayed in an inverted
1189	or reversed position or in such a manner that the letters and
1190	numbers and their proper sequence are not readily identifiable.
1191	Nothing shall be placed upon the face of a Florida plate except
1192	as permitted by law or by rule or regulation of a governmental
1193	agency. No license plates other than those furnished by the
1194	state shall be used. However, if the vehicle is not required to
1195	be licensed in this state, the license plates on such vehicle
1196	issued by another state, by a territory, possession, or district
1197	of the United States, or by a foreign country, substantially
1198	complying with the provisions hereof, shall be considered as
1199	complying with this chapter. A violation of this subsection is a
1200	noncriminal traffic infraction, punishable as a nonmoving
1201	violation as provided in chapter 318.
1202	Section 19.  Paragraph (b) of subsection (3) of section
1203	316.650, Florida Statutes, is amended to read:
1204	316.650  Traffic citations.--
1205	(3)
1206	(b)  If a traffic citation is issued pursuant to s.
1207	316.1001, a traffic enforcement officer may deposit the original
1208	and one copy of such traffic citation or, in the case of a
1209	traffic enforcement agency that has an automated citation
1210	system, may provide an electronic facsimile with a court having
1211	jurisdiction over the alleged offense or with its traffic
1212	violations bureau within 45 days after the date of issuance of
1213	the citation to the violator. If the person cited for the
1214	violation of s. 316.1001 makes the election provided by s.
1215	318.14(12) and pays the $25 fine, or such other amount as
1216	imposed by the governmental entity owning the applicable toll
1217	facility, plus the amount of the unpaid toll that is shown on
1218	the traffic citation directly to the governmental entity that
1219	issued the citation, or on whose behalf the citation was issued,
1220	in accordance with s. 318.14(12), the traffic citation will not
1221	be submitted to the court, the disposition will be reported to
1222	the department by the governmental entity that issued the
1223	citation, or on whose behalf the citation was issued, and no
1224	points will be assessed against the person's driver's license.
1225	Section 20.  Subsection (12) of section 318.14, Florida
1226	Statutes, is amended to read:
1227	318.14  Noncriminal traffic infractions; exception;
1228	procedures.--
1229	(12)  Any person cited for a violation of s. 316.1001 may,
1230	in lieu of making an election as set forth in subsection (4) or
1231	s. 318.18(7), elect to pay a his or her fine of $25, or such
1232	other amount as imposed by the governmental entity owning the
1233	applicable toll facility, plus the amount of the unpaid toll
1234	that is shown on the traffic citation directly to the
1235	governmental entity that issued the citation, or on whose behalf
1236	the citation was issued, within 30 days after the date of
1237	issuance of the citation. Any person cited for a violation of s.
1238	316.1001 who does not elect to pay the fine imposed by the
1239	governmental entity owning the applicable toll facility plus the
1240	amount of the unpaid toll that is shown on the traffic citation
1241	directly to the governmental entity that issued the citation, or
1242	on whose behalf the citation was issued, as described in this
1243	subsection section shall have an additional 45 days after the
1244	date of the issuance of the citation in which to request a court
1245	hearing or to pay the civil penalty and delinquent fee, if
1246	applicable, as provided in s. 318.18(7), either by mail or in
1247	person, in accordance with subsection (4).
1248	Section 21.  Section 318.18, Florida Statutes, is amended
1249	to read:
1250	318.18  Amount of civil penalties.--The penalties required
1251	for a noncriminal disposition pursuant to s. 318.14 or a
1252	criminal offense listed in s. 318.17 are as follows:
1253	(1)  Fifteen dollars for:
1254	(a)  All infractions of pedestrian regulations.
1255	(b)  All infractions of s. 316.2065, unless otherwise
1256	specified.
1257	(c)  Other violations of chapter 316 by persons 14 years of
1258	age or under who are operating bicycles, regardless of the
1259	noncriminal traffic infraction's classification.
1260	(2)  Thirty dollars for all nonmoving traffic violations
1261	and:
1262	(a)  For all violations of s. 322.19.
1263	(b)  For all violations of ss. 320.0605, 320.07(1),
1264	322.065, and 322.15(1). Any person who is cited for a violation
1265	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
1266	320.07(4).
1267	1.  If a person who is cited for a violation of s. 320.0605
1268	or s. 320.07 can show proof of having a valid registration at
1269	the time of arrest, the clerk of the court may dismiss the case
1270	and may assess a dismissal fee of up to $7.50. A person who
1271	finds it impossible or impractical to obtain a valid
1272	registration certificate must submit an affidavit detailing the
1273	reasons for the impossibility or impracticality. The reasons may
1274	include, but are not limited to, the fact that the vehicle was
1275	sold, stolen, or destroyed; that the state in which the vehicle
1276	is registered does not issue a certificate of registration; or
1277	that the vehicle is owned by another person.
1278	2.  If a person who is cited for a violation of s. 322.03,
1279	s. 322.065, or s. 322.15 can show a driver's license issued to
1280	him or her and valid at the time of arrest, the clerk of the
1281	court may dismiss the case and may assess a dismissal fee of up
1282	to $7.50.
1283	3.  If a person who is cited for a violation of s. 316.646
1284	can show proof of security as required by s. 627.733, issued to
1285	the person and valid at the time of arrest, the clerk of the
1286	court may dismiss the case and may assess a dismissal fee of up
1287	to $7.50. A person who finds it impossible or impractical to
1288	obtain proof of security must submit an affidavit detailing the
1289	reasons for the impracticality. The reasons may include, but are
1290	not limited to, the fact that the vehicle has since been sold,
1291	stolen, or destroyed; that the owner or registrant of the
1292	vehicle is not required by s. 627.733 to maintain personal
1293	injury protection insurance; or that the vehicle is owned by
1294	another person.
1295	(c)  For all violations of ss. 316.2935 and 316.610.
1296	However, for a violation of s. 316.2935 or s. 316.610, if the
1297	person committing the violation corrects the defect and obtains
1298	proof of such timely repair by an affidavit of compliance
1299	executed by the law enforcement agency within 30 days from the
1300	date upon which the traffic citation was issued, and pays $4 to
1301	the law enforcement agency, thereby completing the affidavit of
1302	compliance, then upon presentation of said affidavit by the
1303	defendant to the clerk within the 30-day time period set forth
1304	under s. 318.14(4), the fine must be reduced to $7.50, which the
1305	clerk of the court shall retain.
1306	(d)  For all violations of s. 316.126(1)(b), unless
1307	otherwise specified.
1308	(3)(a)  Except as otherwise provided in this section, $60
1309	for all moving violations not requiring a mandatory appearance.
1310	(b)  For moving violations involving unlawful speed, the
1311	fines are as follows:
1312
1313	For speed exceeding the limit by:     Fine:
1314	1-5 m.p.h.     Warning
1315	6-9 m.p.h.     $25
1316	10-14 m.p.h.     $100
1317	15-19 m.p.h.     $125
1318	20-29 m.p.h.     $150
1319	30 m.p.h. and above.     $250
1320	(c)  Notwithstanding paragraph (b), a person cited for
1321	exceeding the speed limit by up to 5 m.p.h. in a legally posted
1322	school zone will be fined $50. A person exceeding the speed
1323	limit in a school zone shall pay a fine double the amount listed
1324	in paragraph (b).
1325	(d)  A person cited for exceeding the speed limit in a
1326	posted construction zone, which posting must include
1327	notification of the speed limit and the doubling of fines, shall
1328	pay a fine double the amount listed in paragraph (b). The fine
1329	shall be doubled for construction zone violations only if
1330	construction personnel are present or operating equipment on the
1331	road or immediately adjacent to the road under construction.
1332	(e)  A person cited for exceeding the speed limit in an
1333	enhanced penalty zone shall pay a fine amount of $50 plus the
1334	amount listed in paragraph (b). Notwithstanding paragraph (b), a
1335	person cited for exceeding the speed limit by up to 5 m.p.h. in
1336	a legally posted enhanced penalty zone shall pay a fine amount
1337	of $50.
1338	(f)  If a violation of s. 316.1301 or s. 316.1303 results
1339	in an injury to the pedestrian or damage to the property of the
1340	pedestrian, an additional fine of up to $250 shall be paid. This
1341	amount must be distributed pursuant to s. 318.21.
1342	(g)  A person cited for exceeding the speed limit within a
1343	zone posted for any electronic or manual toll collection
1344	facility shall pay a fine double the amount listed in paragraph
1345	(b). However, no person cited for exceeding the speed limit in
1346	any toll collection zone shall be subject to a doubled fine
1347	unless the governmental entity or authority controlling the toll
1348	collection zone first installs a traffic control device
1349	providing warning that speeding fines are doubled. Any such
1350	traffic control device must meet the requirements of the uniform
1351	system of traffic control devices.
1352	(h)  A person cited for a second or subsequent conviction
1353	of speed exceeding the limit by 30 miles per hour and above
1354	within a 12-month period shall pay a fine that is double the
1355	amount listed in paragraph (b). For purposes of this paragraph,
1356	the term "conviction" means a finding of guilt as a result of a
1357	jury verdict, nonjury trial, or entry of a plea of guilty.
1358	Moneys received from the increased fine imposed by this
1359	paragraph shall be remitted to the Department of Revenue and
1360	deposited into the Department of Health Administrative Trust
1361	Fund to provide financial support to certified trauma centers to
1362	assure the availability and accessibility of trauma services
1363	throughout the state. Funds deposited into the Administrative
1364	Trust Fund under this section shall be allocated as follows:
1365	1.  Fifty percent shall be allocated equally among all
1366	Level I, Level II, and pediatric trauma centers in recognition
1367	of readiness costs for maintaining trauma services.
1368	2.  Fifty percent shall be allocated among Level I, Level
1369	II, and pediatric trauma centers based on each center's relative
1370	volume of trauma cases as reported in the Department of Health
1371	Trauma Registry.
1372	(4)  The penalty imposed under s. 316.545 shall be
1373	determined by the officer in accordance with the provisions of
1374	ss. 316.535 and 316.545.
1375	(5)(a)  One hundred dollars for a violation of s.
1376	316.172(1)(a), failure to stop for a school bus. If, at a
1377	hearing, the alleged offender is found to have committed this
1378	offense, the court shall impose a minimum civil penalty of $100.
1379	In addition to this penalty, for a second or subsequent offense
1380	within a period of 5 years, the department shall suspend the
1381	driver's license of the person for not less than 90 days and not
1382	more than 6 months.
1383	(b)  Two hundred dollars for a violation of s.
1384	316.172(1)(b), passing a school bus on the side that children
1385	enter and exit when the school bus displays a stop signal. If,
1386	at a hearing, the alleged offender is found to have committed
1387	this offense, the court shall impose a minimum civil penalty of
1388	$200. In addition to this penalty, for a second or subsequent
1389	offense within a period of 5 years, the department shall suspend
1390	the driver's license of the person for not less than 180 days
1391	and not more than 1 year.
1392	(6)  One hundred dollars or the fine amount designated by
1393	county ordinance, plus court costs for illegally parking, under
1394	s. 316.1955, in a parking space provided for people who have
1395	disabilities. However, this fine will be waived if a person
1396	provides to the law enforcement agency that issued the citation
1397	for such a violation proof that the person committing the
1398	violation has a valid parking permit or license plate issued
1399	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1400	or s. 320.0848 or a signed affidavit that the owner of the
1401	disabled parking permit or license plate was present at the time
1402	the violation occurred, and that such a parking permit or
1403	license plate was valid at the time the violation occurred. The
1404	law enforcement officer, upon determining that all required
1405	documentation has been submitted verifying that the required
1406	parking permit or license plate was valid at the time of the
1407	violation, must sign an affidavit of compliance. Upon provision
1408	of the affidavit of compliance and payment of a dismissal fee of
1409	up to $7.50 to the clerk of the circuit court, the clerk shall
1410	dismiss the citation.
1411	(7)  Mandatory $100 fine One hundred dollars for each a
1412	violation of s. 316.1001 plus the amount of the unpaid toll
1413	shown on the traffic citation for each citation issued. The
1414	clerk of the court shall forward $25 of the $100 fine received,
1415	plus the amount of the unpaid toll that is shown on the
1416	citation, to the governmental entity that issued the citation,
1417	or on whose behalf the citation was issued. If a plea
1418	arrangement is reached prior to the date set for a scheduled
1419	evidentiary hearing and adjudication is withheld, there shall be
1420	a mandatory fine assessed per citation of not less than $50 and
1421	not more than $100, plus the amount of the unpaid toll for each
1422	citation issued. The clerk of the court shall forward $25 of the
1423	fine imposed plus the amount of the unpaid toll that is shown on
1424	the citation to the governmental entity that issued the citation
1425	or on whose behalf the citation was issued. The court shall have
1426	specific authority to consolidate issued citations for the same
1427	defendant for the purpose of sentencing and aggregate
1428	jurisdiction. In addition, the department shall suspend for 60
1429	days the driver's license of a person who is convicted of 10
1430	violations of s. 316.1001 within a 36-month period. However, a
1431	person may elect to pay $30 to the clerk of the court, in which
1432	case adjudication is withheld, and no points are assessed under
1433	s. 322.27. Upon receipt of the fine, the clerk of the court must
1434	retain $5 for administrative purposes and must forward the $25
1435	to the governmental entity that issued the citation. Any funds
1436	received by a governmental entity for this violation may be used
1437	for any lawful purpose related to the operation or maintenance
1438	of a toll facility.
1439	(8)(a)  Any person who fails to comply with the court's
1440	requirements or who fails to pay the civil penalties specified
1441	in this section within the 30-day period provided for in s.
1442	318.14 must pay an additional civil penalty of $12, $2.50 of
1443	which must be remitted to the Department of Revenue for deposit
1444	in the General Revenue Fund, and $9.50 of which must be remitted
1445	to the Department of Revenue for deposit in the Highway Safety
1446	Operating Trust Fund. The department shall contract with the
1447	Florida Association of Court Clerks, Inc., to design, establish,
1448	operate, upgrade, and maintain an automated statewide Uniform
1449	Traffic Citation Accounting System to be operated by the clerks
1450	of the court which shall include, but not be limited to, the
1451	accounting for traffic infractions by type, a record of the
1452	disposition of the citations, and an accounting system for the
1453	fines assessed and the subsequent fine amounts paid to the
1454	clerks of the court. On or before December 1, 2001, the clerks
1455	of the court must provide the information required by this
1456	chapter to be transmitted to the department by electronic
1457	transmission pursuant to the contract.
1458	(b)  Any person who fails to comply with the court's
1459	requirements as to civil penalties specified in this section due
1460	to demonstrable financial hardship shall be authorized to
1461	satisfy such civil penalties by public works or community
1462	service. Each hour of such service shall be applied, at the rate
1463	of the minimum wage, toward payment of the person's civil
1464	penalties; provided, however, that if the person has a trade or
1465	profession for which there is a community service need and
1466	application, the rate for each hour of such service shall be the
1467	average standard wage for such trade or profession. Any person
1468	who fails to comply with the court's requirements as to such
1469	civil penalties who does not demonstrate financial hardship may
1470	also, at the discretion of the court, be authorized to satisfy
1471	such civil penalties by public works or community service in the
1472	same manner.
1473	(c)  If the noncriminal infraction has caused or resulted
1474	in the death of another, the person who committed the infraction
1475	may perform 120 community service hours under s. 316.027(4), in
1476	addition to any other penalties.
1477	(9)  One hundred dollars for a violation of s. 316.1575.
1478	(10)  Twenty-five dollars for a violation of s. 316.2074.
1479	(11)(a)  In addition to the stated fine, court costs must
1480	be paid in the following amounts and shall be deposited by the
1481	clerk into the fine and forfeiture fund established pursuant to
1482	s. 142.01:
1483
1484	For pedestrian infractions.     $ 3.
1485	For nonmoving traffic infractions.     $ 16.
1486	For moving traffic infractions.     $ 30.
1487
1488	(b)  In addition to the court cost required under paragraph
1489	(a), up to $3 for each infraction shall be collected and
1490	distributed by the clerk in those counties that have been
1491	authorized to establish a criminal justice selection center or a
1492	criminal justice access and assessment center pursuant to the
1493	following special acts of the Legislature:
1494	1.  Chapter 87-423, Laws of Florida, for Brevard County.
1495	2.  Chapter 89-521, Laws of Florida, for Bay County.
1496	3.  Chapter 94-444, Laws of Florida, for Alachua County.
1497	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1498
1499	Funds collected by the clerk pursuant to this paragraph shall be
1500	distributed to the centers authorized by those special acts.
1501	(c)  In addition to the court cost required under paragraph
1502	(a), a $2.50 court cost must be paid for each infraction to be
1503	distributed by the clerk to the county to help pay for criminal
1504	justice education and training programs pursuant to s. 938.15.
1505	Funds from the distribution to the county not directed by the
1506	county to fund these centers or programs shall be retained by
1507	the clerk and used for funding the court-related services of the
1508	clerk.
1509	(d)  In addition to the court cost required under paragraph
1510	(a), a $3 court cost must be paid for each infraction to be
1511	distributed as provided in s. 938.01 and a $2 court cost as
1512	provided in s. 938.15 when assessed by a municipality or county.
1513	(12)  Two hundred dollars for a violation of s. 316.520(1)
1514	or (2). If, at a hearing, the alleged offender is found to have
1515	committed this offense, the court shall impose a minimum civil
1516	penalty of $200. For a second or subsequent adjudication within
1517	a period of 5 years, the department shall suspend the driver's
1518	license of the person for not less than 1 year and not more than
1519	2 years.
1520	(13)  In addition to any penalties imposed for noncriminal
1521	traffic infractions pursuant to this chapter or imposed for
1522	criminal violations listed in s. 318.17, a board of county
1523	commissioners or any unit of local government which is
1524	consolidated as provided by s. 9, Art. VIII of the State
1525	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1526	Constitution of 1968:
1527	(a)  May impose by ordinance a surcharge of up to $15 for
1528	any infraction or violation to fund state court facilities. The
1529	court shall not waive this surcharge. Up to 25 percent of the
1530	revenue from such surcharge may be used to support local law
1531	libraries provided that the county or unit of local government
1532	provides a level of service equal to that provided prior to July
1533	1, 2004, which shall include the continuation of library
1534	facilities located in or near the county courthouse or annexes.
1535	(b)  That imposed increased fees or service charges by
1536	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1537	purpose of securing payment of the principal and interest on
1538	bonds issued by the county before July 1, 2003, to finance state
1539	court facilities, may impose by ordinance a surcharge for any
1540	infraction or violation for the exclusive purpose of securing
1541	payment of the principal and interest on bonds issued by the
1542	county before July 1, 2003, to fund state court facilities until
1543	the date of stated maturity. The court shall not waive this
1544	surcharge. Such surcharge may not exceed an amount per violation
1545	calculated as the quotient of the maximum annual payment of the
1546	principal and interest on the bonds as of July 1, 2003, divided
1547	by the number of traffic citations for county fiscal year 2002-
1548	2003 certified as paid by the clerk of the court of the county.
1549	Such quotient shall be rounded up to the next highest dollar
1550	amount. The bonds may be refunded only if savings will be
1551	realized on payments of debt service and the refunding bonds are
1552	scheduled to mature on the same date or before the bonds being
1553	refunded. Notwithstanding any of the foregoing provisions of
1554	this paragraph that limit the use of surcharge revenues, if the
1555	revenues generated as a result of the adoption of this ordinance
1556	exceed the debt service on the bonds, the surplus revenues may
1557	be used to pay down the debt service on the bonds; fund other
1558	state-court-facility construction projects as may be certified
1559	by the chief judge as necessary to address unexpected growth in
1560	caseloads, emergency requirements to accommodate public access,
1561	threats to the safety of the public, judges, staff, and
1562	litigants, or other exigent circumstances; or support local law
1563	libraries in or near the county courthouse or annexes.
1564
1565	A county may not impose both of the surcharges authorized under
1566	paragraphs (a) and (b) concurrently. The clerk of court shall
1567	report, no later than 30 days after the end of the quarter, the
1568	amount of funds collected under this subsection during each
1569	quarter of the fiscal year. The clerk shall submit the report,
1570	in a format developed by the Office of State Courts
1571	Administrator, to the chief judge of the circuit, the Governor,
1572	the President of the Senate, and the Speaker of the House of
1573	Representatives.
1574	(14)  In addition to any penalties imposed for noncriminal
1575	traffic infractions under this chapter or imposed for criminal
1576	violations listed in s. 318.17, any unit of local government
1577	that is consolidated as provided by s. 9, Art. VIII of the State
1578	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1579	State Constitution of 1968, and that is granted the authority in
1580	the State Constitution to exercise all the powers of a municipal
1581	corporation, and any unit of local government operating under a
1582	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1583	VIII of the State Constitution of 1885, as preserved by s. 6(e),
1584	Art. VIII of the State Constitution of 1968, that is granted the
1585	authority in the State Constitution to exercise all the powers
1586	conferred now or hereafter by general law upon municipalities,
1587	may impose by ordinance a surcharge of up to $15 for any
1588	infraction or violation. Revenue from the surcharge shall be
1589	transferred to such unit of local government for the purpose of
1590	replacing fine revenue deposited into the clerk's fine and
1591	forfeiture fund under s. 142.01. The court may not waive this
1592	surcharge. Proceeds from the imposition of the surcharge
1593	authorized in this subsection shall not be used for the purpose
1594	of securing payment of the principal and interest on bonds. This
1595	subsection, and any surcharge imposed pursuant to this
1596	subsection, shall stand repealed September 30, 2007.
1597	(15)  One hundred twenty-five dollars for a violation of s.
1598	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1599	stop at a traffic signal. Sixty dollars shall be distributed as
1600	provided in s. 318.21, and the remaining $65 shall be remitted
1601	to the Department of Revenue for deposit into the Administrative
1602	Trust Fund of the Department of Health.
1603	(16)  One hundred dollars for a violation of s. 316.622(3)
1604	or (4), for a vehicle that fails to display a sticker
1605	authorizing it to transport migrant or seasonal farm workers or
1606	fails to display standardized notification instructions
1607	requiring passengers to fasten their seat belts. Two hundred
1608	dollars for a violation of s. 316.622(1) or (2), for operating a
1609	farm labor vehicle that fails to conform to vehicle safety
1610	standards or lacks seat belt assemblies at each passenger
1611	position.
1612	(17)  In addition to any penalties imposed, a surcharge of
1613	$3 must be paid for all criminal offenses listed in s. 318.17
1614	and for all noncriminal moving traffic violations under chapter
1615	316. Revenue from the surcharge shall be remitted to the
1616	Department of Revenue and deposited quarterly into the State
1617	Agency Law Enforcement Radio System Trust Fund of the Department
1618	of Management Services for the state agency law enforcement
1619	radio system, as described in s. 282.1095. This subsection
1620	expires July 1, 2012. The Department of Management Services may
1621	retain funds sufficient to recover the costs and expenses
1622	incurred for the purposes of managing, administering, and
1623	overseeing the Statewide Law Enforcement Radio System. The
1624	Department of Management Services working in conjunction with
1625	the Joint Task Force on State Agency Law Enforcement
1626	Communications shall determine and direct the purposes for which
1627	these funds are used to enhance and improve the radio system.
1628	Section 22.  Subsection (17) is added to section 318.21,
1629	Florida Statutes, to read:
1630	318.21  Disposition of civil penalties by county courts.--
1631	All civil penalties received by a county court pursuant to the
1632	provisions of this chapter shall be distributed and paid monthly
1633	as follows:
1634	(17)  Notwithstanding subsections (1) and (2), the proceeds
1635	from the surcharge imposed under s. 318.18(17) shall be
1636	distributed as provided in that subsection. This subsection
1637	expires July 1, 2012.
1638	Section 23.  Section 320.061, Florida Statutes, is amended
1639	to read:
1640	320.061  Unlawful to alter motor vehicle registration
1641	certificates, license plates, mobile home stickers, or
1642	validation stickers or to obscure license plates; penalty.--No
1643	person shall alter the original appearance of any registration
1644	license plate, mobile home sticker, validation sticker, or
1645	vehicle registration certificate issued for and assigned to any
1646	motor vehicle or mobile home, whether by mutilation, alteration,
1647	defacement, or change of color or in any other manner. No person
1648	shall apply or attach any substance, reflective matter,
1649	illuminated device, spray, coating, covering, or other material
1650	onto or around any license plate that interferes with the
1651	legibility, angular visibility, or detectability of any feature
1652	or detail on the license plate or interferes with the ability to
1653	record any feature or detail on the license plate. Any person
1654	who violates the provisions of this section commits is guilty of
1655	a misdemeanor of the second degree, punishable as provided in s.
1656	775.082 or s. 775.083.
1657	Section 24.  Notwithstanding any provision to the contrary,
1658	the second paragraph contained in Specific Appropriation 2188 of
1659	the 2007-2008 General Appropriations Act shall not take effect
1660	but is repealed.
1661	Section 25.  Paragraph (c) of subsection (6) and subsection
1662	(8) of section 332.007, Florida Statutes, are amended to read:
1663	332.007  Administration and financing of aviation and
1664	airport programs and projects; state plan.--
1665	(6)  Subject to the availability of appropriated funds, the
1666	department may participate in the capital cost of eligible
1667	public airport and aviation development projects in accordance
1668	with the following rates, unless otherwise provided in the
1669	General Appropriations Act or the substantive bill implementing
1670	the General Appropriations Act:
1671	(c)  When federal funds are not available, the department
1672	may fund up to 80 percent of master planning and eligible
1673	aviation development projects at publicly owned, publicly
1674	operated airports. If federal funds are available, the
1675	department may fund up to 80 percent of the nonfederal share of
1676	such projects. Such funding is limited to airports that have no
1677	scheduled commercial service.
1678	(8)  Notwithstanding any other provision of law to the
1679	contrary, the department is authorized to fund security projects
1680	at provide operational and maintenance assistance to publicly
1681	owned public-use airports. Such assistance shall be to comply
1682	with enhanced federal security requirements or to address
1683	related economic impacts from the events of September 11, 2001.
1684	For projects in the current adopted work program, or projects
1685	added using the available budget of the department, airports may
1686	request the department change the project purpose in accordance
1687	with this provision notwithstanding the provisions of s.
1688	339.135(7). For purposes of this subsection, the department may
1689	fund up to 100 percent of eligible project costs that are not
1690	funded by the Federal Government. Prior to releasing any funds
1691	under this section, the department shall review and approve the
1692	expenditure plans submitted by the airport. The department shall
1693	inform the Legislature of any change that it approves under this
1694	subsection. This subsection shall expire on June 30, 2012 2007.
1695	Section 26.  Subsection (4) of section 332.14, Florida
1696	Statutes, is amended to read:
1697	332.14  Secure Airports for Florida's Economy Council.--
1698	(4)  The council shall adopt bylaws governing the manner in
1699	which the business of the council will be conducted. The bylaws
1700	shall specify the procedure by which the chair of the council is
1701	elected. The council shall meet at the call of its chair, at the
1702	request of a majority of its membership, or at such times as may
1703	be prescribed in its bylaws. However, the council must meet at
1704	least twice a year. Except for the members under paragraphs
1705	(2)(d), (e), and (f), all members of the council are voting
1706	members. A majority of voting members of the council constitutes
1707	a quorum for the purpose of transacting the business of the
1708	council. A vote of the majority of the members present is
1709	sufficient for any action of the council, except that a member
1710	representing the Department of Transportation, the Department of
1711	Community Affairs, the Department of Law Enforcement, or the
1712	Office of Tourism, Trade, and Economic Development may vote to
1713	overrule any action of the council approving a project pursuant
1714	to paragraph (7)(a). The bylaws of the council may require a
1715	greater vote for a particular action.
1716	Section 27.  Section 334.351, Florida Statutes, is amended
1717	to read:
1718	334.351  Youth work experience program; findings and
1719	intent; authority to contract; limitation.--
1720	(1)  The Legislature finds and declares that young men and
1721	women of the state should be given an opportunity to obtain
1722	public service work and training experience that protects and
1723	conserves the valuable resources of the state and promotes
1724	participation in other community enhancement projects.
1725	Notwithstanding the requirements of chapters 287 and 337, the
1726	Department of Transportation is authorized to contract with
1727	public agencies and nonprofit organizations for the performance
1728	of work related to the construction and maintenance of
1729	transportation-related facilities by youths enrolled in youth
1730	work experience programs. The total amount of contracts entered
1731	into by the department under this section in any fiscal year may
1732	not exceed the amount specifically appropriated by the
1733	Legislature for this program.
1734	(2)  Each nonprofit youth organization that provides
1735	services under a contract with the department must certify that
1736	each young person enrolled in its work experience program is a
1737	resident of this state and possesses a valid Florida driver's
1738	license or identification card.
1739	(3)  When selecting a nonprofit youth organization to
1740	perform work on transportation-related facilities and before
1741	awarding a contract under this section, the department must
1742	consider the following criteria:
1743	(a)  The number of participants receiving life-management
1744	skills training;
1745	(b)  The number of participants receiving high school
1746	diplomas or GEDs;
1747	(c)  The number of participants receiving scholarships;
1748	(d)  The number of participants receiving bonuses;
1749	(e)  The number of participants who have secured full-time
1750	jobs; and
1751	(f)  The other programs or services that support the
1752	development of disadvantaged youths.
1753	(4)  Each nonprofit youth organization under contract with
1754	the department must:
1755	(a)  Submit an annual report to the department by January 1
1756	of each year. The report must include, but need not be limited
1757	to, the applicable performance of the organization when measured
1758	by the criteria in subsection (3) for the organization's most
1759	recently completed fiscal year.
1760	(b)  Submit an independent audit of the organization's
1761	financial records to the department each year. The
1762	organization's contract with the department must allow the
1763	department the right to inspect the organization's financial and
1764	program records.
1765	(c)  Demonstrate participation in a peer assessment or
1766	review process, such as the Excellence in Corps Operations of
1767	the National Association of Service and Conservation Corps.
1768	Section 28.  Paragraph (c) of subsection (1) of section
1769	336.025, Florida Statutes, is amended to read:
1770	336.025  County transportation system; levy of local option
1771	fuel tax on motor fuel and diesel fuel.--
1772	(1)
1773	(c)  Local governments may use the services of the Division
1774	of Bond Finance of the State Board of Administration pursuant to
1775	the State Bond Act to issue any bonds through the provisions of
1776	this section and may pledge the revenues from local option fuel
1777	taxes to secure the payment of the bonds. In no case may a
1778	jurisdiction issue bonds pursuant to this section more
1779	frequently than once per year. Counties and municipalities may
1780	join together for the issuance of bonds issued pursuant to this
1781	section.
1782	Section 29.  Subsection (3) of section 336.41, Florida
1783	Statutes, is amended to read:
1784	336.41  Counties; employing labor and providing road
1785	equipment; accounting; when competitive bidding required.--
1786	(3)  All construction and reconstruction of roads and
1787	bridges, including resurfacing, full scale mineral seal coating,
1788	and major bridge and bridge system repairs, to be performed
1789	utilizing the proceeds of the 80-percent portion of the surplus
1790	of the constitutional gas tax shall be let to contract to the
1791	lowest responsible bidder by competitive bid, except for:
1792	(a)  Construction and maintenance in emergency situations,
1793	and
1794	(b)  In addition to emergency work, construction and
1795	reconstruction, including resurfacing, mineral seal coating, and
1796	bridge repairs, having a total cumulative annual value not to
1797	exceed 5 percent of its 80-percent portion of the constitutional
1798	gas tax or $400,000 $250,000, whichever is greater, and
1799	(c)  Construction of sidewalks, curbing, accessibility
1800	ramps, or appurtenances incidental to roads and bridges if each
1801	project is estimated in accordance with generally accepted cost-
1802	accounting principles to have total construction project costs
1803	of less than $400,000 or as adjusted by the percentage change in
1804	the Construction Cost Index from January 1, 2008,
1805
1806	for which the county may utilize its own forces. However, if,
1807	after proper advertising, no bids are received by a county for a
1808	specific project, the county may use its own forces to construct
1809	the project, notwithstanding the limitation of this subsection.
1810	Nothing in this section shall prevent the county from performing
1811	routine maintenance as authorized by law.
1812	Section 30.  Construction aggregate materials.--
1813	(1)  DEFINITIONS.--"Construction aggregate materials" means
1814	crushed stone, limestone, dolomite, limerock, shell rock,
1815	cemented coquina, sand for use as a component of mortars,
1816	concrete, bituminous mixtures, or underdrain filters, and other
1817	mined resources providing the basic material for concrete,
1818	asphalt, and road base.
1819	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
1820	is a strategic and critical need for an available supply of
1821	construction aggregate materials within the state and that a
1822	disruption of the supply would cause a significant detriment to
1823	the state's construction industry, transportation system, and
1824	overall health, safety, and welfare.
1825	(3)  LOCAL GOVERNMENT DECISIONMAKING.--No local government
1826	shall approve or deny a proposed land use zoning change,
1827	comprehensive plan amendment, land use permit, ordinance, or
1828	order regarding construction aggregate materials without
1829	considering any information provided by the Department of
1830	Transportation regarding the effect such change, amendment,
1831	permit decision, ordinance, or order would have on the
1832	availability, transportation, and potential extraction of
1833	construction aggregate materials on the local area, the region,
1834	and the state. The failure of the Department of Transportation
1835	to provide this information shall not be a basis for delay or
1836	invalidation of the local government action. No local government
1837	may impose a moratorium, or combination of moratoria, of more
1838	than 12 months' duration on the mining or extraction of
1839	construction aggregate materials, commencing on the date the
1840	vote was taken to impose the moratorium. January 1, 2007, shall
1841	serve as the commencement of the 12-month period for moratoria
1842	already in place as of July 1, 2007.
1843	(4)  EXPEDITED PERMITTING.--Due to the state's critical
1844	infrastructure needs and the potential shortfall in available
1845	construction aggregate materials, limerock environmental
1846	resource permitting and reclamation applications filed after
1847	March 1, 2007, are eligible for the expedited permitting
1848	processes contained in s. 403.973, Florida Statutes. Challenges
1849	to state agency action in the expedited permitting process for
1850	establishment of a limerock mine in this state under s. 403.973,
1851	Florida Statutes, are subject to the same requirements as
1852	challenges brought under s. 403.973(15)(a), Florida Statutes,
1853	except that, notwithstanding s. 120.574, Florida Statutes,
1854	summary proceedings must be conducted within 30 days after a
1855	party files the motion for summary hearing, regardless of
1856	whether the parties agree to the summary proceeding.
1857	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1858	(a)  The Strategic Aggregates Review Task Force is created
1859	to evaluate the availability and disposition of construction
1860	aggregate materials and related mining and land use practices in
1861	this state.
1862	(b)  The task force shall be appointed by August 1, 2007,
1863	and shall be composed of the following 19 members:
1864	1.  The President of the Senate, the Speaker of the House
1865	of Representatives, and the Governor shall each appoint one
1866	member from each of the following groups:
1867	a.  The mining industry.
1868	b.  The construction industry.
1869	c.  The transportation industries, including seaports,
1870	trucking, railroads, or roadbuilders.
1871	d.  Elected officials representing counties identified by
1872	the Department of Transportation as limestone or sand resource
1873	areas. Rural, midsize, and urban counties shall each have one
1874	elected official on the task force.
1875	e.  Environmental advocacy groups.
1876	2.  The Secretary of Environmental Protection or designee.
1877	3.  The Secretary of Community Affairs or designee.
1878	4.  The Secretary of Transportation or designee.
1879	5.  One member appointed by the Florida League of Cities,
1880	Inc.
1881	(c)  Members of the commission shall serve without
1882	compensation. Travel and per diem expenses for members who are
1883	not state employees shall be paid by the Department of
1884	Transportation in accordance with s. 112.061, Florida Statutes.
1885	(d)  The Department of Transportation shall organize and
1886	provide administrative support for the task force and coordinate
1887	with other state agencies and local governments in obtaining and
1888	providing such data and information as may be needed by the task
1889	force to complete its evaluation. The department may conduct any
1890	supporting studies as are required to obtain needed information
1891	or otherwise assist the task force in its review and
1892	deliberations.
1893	(e)  The Department of Transportation shall collect and
1894	provide information to the task force relating to construction
1895	aggregate materials and the amount of such materials used by the
1896	department on state road infrastructure projects and shall
1897	provide any technical and supporting information relating to the
1898	use of such materials as is available to the department.
1899	(f)  The task force shall report its findings to the
1900	Governor, the President of the Senate, and the Speaker of the
1901	House of Representatives by February 1, 2008. The report must
1902	identify locations with significant concentrations of
1903	construction aggregate materials and recommend actions intended
1904	to ensure the continued extraction and availability of
1905	construction aggregate materials.
1906	(g)  The task force shall be dissolved on July 1, 2008.
1907	Section 31.  Section 337.026, Florida Statutes, is created
1908	to read:
1909	337.026  Authority of department to enter into agreements
1910	for construction aggregate materials.--
1911	(1)  The department may pursue procurement techniques that
1912	will provide the department with reliable and economic supplies
1913	of construction aggregate materials and control time and cost
1914	increases on construction projects.
1915	(2)  The department may enter into agreements with private
1916	or public entities. Such agreements may include, but are not
1917	limited to, department acquisition of materials or resources or
1918	long-term leases for a term not to exceed 99 years that will
1919	advance the state's transportation needs.
1920	(3)  To the maximum extent practical, the department must
1921	use the existing process to award and administer such
1922	procurement techniques. When techniques authorized by this
1923	section are to be used, the department is not required to adhere
1924	to provisions of law that would prevent, preclude, or prohibit
1925	it from using this procurement technique. However, prior to
1926	using this procurement technique, the department must document
1927	in writing the need for the exception and identify the benefits
1928	the traveling public and the affected community are anticipated
1929	to receive.
1930	Section 32.  Paragraph (a) of subsection (3) of section
1931	337.11, Florida Statutes, is amended to read:
1932	337.11  Contracting authority of department; bids;
1933	emergency repairs, supplemental agreements, and change orders;
1934	combined design and construction contracts; progress payments;
1935	records; requirements of vehicle registration.--
1936	(3)(a)  On all construction contracts of $250,000 or less,
1937	and any construction contract of less than $500,000 for which
1938	the department has waived prequalification under s. 337.14, the
1939	department shall advertise for bids in a newspaper having
1940	general circulation in the county where the proposed work is
1941	located. Publication shall be at least once a week for no less
1942	than 2 consecutive weeks, and the first publication shall be no
1943	less than 14 days prior to the date on which bids are to be
1944	received.
1945	Section 33.  Subsection (1) of section 337.14, Florida
1946	Statutes, is amended to read:
1947	337.14  Application for qualification; certificate of
1948	qualification; restrictions; request for hearing.--
1949	(1)  Any person desiring to bid for the performance of any
1950	construction contract in excess of $250,000 which the department
1951	proposes to let must first be certified by the department as
1952	qualified pursuant to this section and rules of the department.
1953	The rules of the department shall address the qualification of
1954	persons to bid on construction contracts in excess of $250,000
1955	and shall include requirements with respect to the equipment,
1956	past record, experience, financial resources, and organizational
1957	personnel of the applicant necessary to perform the specific
1958	class of work for which the person seeks certification. The
1959	department is authorized to limit the dollar amount of any
1960	contract upon which a person is qualified to bid or the
1961	aggregate total dollar volume of contracts such person is
1962	allowed to have under contract at any one time. Each applicant
1963	seeking qualification to bid on construction contracts in excess
1964	of $250,000 shall furnish the department a statement under oath,
1965	on such forms as the department may prescribe, setting forth
1966	detailed information as required on the application. Each
1967	application for certification shall be accompanied by the latest
1968	annual financial statement of the applicant completed within the
1969	last 12 months. If the annual financial statement shows the
1970	financial condition of the applicant more than 4 months prior to
1971	the date on which the application is received by the department,
1972	then an interim financial statement must also be submitted. The
1973	interim financial statement must cover the period from the end
1974	date of the annual statement and must show the financial
1975	condition of the applicant no more than 4 months prior to the
1976	date on which the application is received by the department.
1977	Each required annual or interim financial statement must be
1978	audited and accompanied by the opinion of a certified public
1979	accountant or a public accountant approved by the department.
1980	The information required by this subsection is confidential and
1981	exempt from the provisions of s. 119.07(1).  The department
1982	shall act upon the application for qualification within 30 days
1983	after the department determines that the application is
1984	complete. The department may waive the requirements of this
1985	subsection for projects having a contract price of $500,000 or
1986	less if the department determines that the project is of a
1987	noncritical nature and the waiver will not endanger public
1988	health, safety, or property.
1989	Section 34.  Paragraph (a) of subsection (1) of section
1990	337.18, Florida Statutes, is amended to read:
1991	337.18  Surety bonds for construction or maintenance
1992	contracts; requirement with respect to contract award; bond
1993	requirements; defaults; damage assessments.--
1994	(1)(a)  A surety bond shall be required of the successful
1995	bidder in an amount equal to the awarded contract price.
1996	However, the department may choose, in its discretion and
1997	applicable only to multiyear maintenance contracts, to allow for
1998	incremental annual contract bonds that cumulatively total the
1999	full, awarded, multiyear contract price. For a project for which
2000	the contract price is $250,000 $150,000 or less, the department
2001	may waive the requirement for all or a portion of a surety bond
2002	if it determines the project is of a noncritical nature and
2003	nonperformance will not endanger public health, safety, or
2004	property. If the secretary or his designee determines that it is
2005	in the best interests of the department to reduce the bonding
2006	requirement for a project and that to do so will not endanger
2007	public health, safety, or property, the department may waive the
2008	requirement of a surety bond in an amount equal to the awarded
2009	contract price for a project having a contract price of $250
2010	million or more and, in its place, may set a surety bond amount
2011	that is a portion of the total contract price and provide an
2012	alternate means of security for the balance of the contract
2013	amount that is not covered by the surety bond or provide for
2014	incremental surety bonding and provide an alternate means of
2015	security for the balance of the contract amount that is not
2016	covered by the surety bond. Such alternative means of security
2017	may include letters of credit, United States bonds and notes,
2018	parent company guarantees, and cash collateral. The department
2019	may require alternate means of security if a surety bond is
2020	waived. The surety on such bond shall be a surety company
2021	authorized to do business in the state. All bonds shall be
2022	payable to the department and conditioned for the prompt,
2023	faithful, and efficient performance of the contract according to
2024	plans and specifications and within the time period specified,
2025	and for the prompt payment of all persons defined in s. 713.01
2026	furnishing labor, material, equipment, and supplies for work
2027	provided in the contract; however, whenever an improvement,
2028	demolition, or removal contract price is $25,000 or less, the
2029	security may, in the discretion of the bidder, be in the form of
2030	a cashier's check, bank money order of any state or national
2031	bank, certified check, or postal money order. The department
2032	shall adopt rules to implement this subsection. Such rules shall
2033	include provisions under which the department shall refuse to
2034	accept bonds on contracts when a surety wrongfully fails or
2035	refuses to settle or provide a defense for claims or actions
2036	arising under a contract for which the surety previously
2037	furnished a bond.
2038	Section 35.  Section 338.161, Florida Statutes, is amended
2039	to read:
2040	338.161  Authority of department or toll agencies to
2041	advertise and promote electronic toll collection; expanded uses
2042	of electronic toll collection system; studies authorized.--
2043	(1)  The department is authorized to incur expenses for
2044	paid advertising, marketing, and promotion of toll facilities
2045	and electronic toll collection products and services. Promotions
2046	may include discounts and free products.
2047	(2)  The department is authorized to receive funds from
2048	advertising placed on electronic toll collection products and
2049	promotional materials to defray the costs of products and
2050	services.
2051	(3)(a)  The department or any toll agency created by
2052	statute may incur expenses to advertise or promote its
2053	electronic toll collection system to consumers on or off the
2054	turnpike or toll system.
2055	(b)  If the department or any toll agency created by
2056	statute finds that it can increase nontoll revenues or add
2057	convenience or other value for its customers, the department or
2058	toll agency may enter into agreements with any private or public
2059	entity allowing the use of its electronic toll collection system
2060	to pay parking fees for vehicles equipped with a transponder or
2061	similar device. The department or toll agency may initiate
2062	feasibility studies of additional future uses of its electronic
2063	toll collection system and make recommendations to the
2064	Legislature to authorize such uses.
2065	Section 36.  Subsections (1), (3), and (4) of section
2066	338.2275, Florida Statutes, are amended to read:
2067	338.2275  Approved turnpike projects.--
2068	(1)  Legislative approval of the department's tentative
2069	work program that contains the turnpike project constitutes
2070	approval to issue bonds as required by s. 11(f), Art. VII of the
2071	State Constitution. No more than $10 billion of bonds may be
2072	outstanding to fund approved turnpike projects. Turnpike
2073	projects approved to be included in future tentative work
2074	programs include, but are not limited to, projects contained in
2075	the 2003-2004 tentative work program. A maximum of $4.5 billion
2076	of bonds may be issued to fund approved turnpike projects.
2077	(3)  Subject to verification of economic feasibility by the
2078	department in accordance with s. 338.221(8), the department
2079	shall acquire the assets and assume the liabilities of the
2080	Sawgrass Expressway as a candidate project from the Broward
2081	County Expressway Authority. The agreement to acquire the
2082	Sawgrass Expressway shall be subject to the terms and covenants
2083	of the Broward County Expressway Authority Bond Series 1984 and
2084	1986A lease-purchase agreements and shall not act to the
2085	detriment of the bondholders nor decrease the quality of the
2086	bonds. The department shall provide for the cost of operations
2087	and maintenance expenses and for the replacement of future
2088	Broward County gasoline tax funds pledged for the payment of
2089	principal and interest on such bonds. The department shall
2090	repay, to the extent possible, Broward County gasoline tax funds
2091	used since July 6, 1988, for debt service on such bonds. For the
2092	purpose of calculating the economic feasibility of this project,
2093	the department is authorized to exclude operations and
2094	maintenance expenses accumulated between July 6, 1988, and the
2095	date of the agreement. Upon performance of all terms of the
2096	agreement between the parties, the Sawgrass Expressway will
2097	become a part of the turnpike system.
2098	(3)(4)  Bonds may not be issued to fund a turnpike project
2099	until the department has made a final determination that the
2100	project is economically feasible in accordance with s. 338.221,
2101	based on the most current information available.
2102	Section 37.  Subsections (3), (4), and (6) of section
2103	338.231, Florida Statutes, are amended to read:
2104	338.231  Turnpike tolls, fixing; pledge of tolls and other
2105	revenues.--The department shall at all times fix, adjust,
2106	charge, and collect such tolls for the use of the turnpike
2107	system as are required in order to provide a fund sufficient
2108	with other revenues of the turnpike system to pay the cost of
2109	maintaining, improving, repairing, and operating such turnpike
2110	system; to pay the principal of and interest on all bonds issued
2111	to finance or refinance any portion of the turnpike system as
2112	the same become due and payable; and to create reserves for all
2113	such purposes.
2114	(3)  The department shall publish a proposed change in the
2115	toll rate for the use of an existing toll facility, in the
2116	manner provided for in s. 120.54, which will provide for public
2117	notice and the opportunity for a public hearing before the
2118	adoption of the proposed rate change. When the department is
2119	evaluating a proposed turnpike toll project under s. 338.223 and
2120	has determined that there is a high probability that the project
2121	will pass the test of economic feasibility predicated on
2122	proposed toll rates, the toll rate that is proposed to be
2123	charged after the project is constructed must be adopted during
2124	the planning and project development phase of the project, in
2125	the manner provided for in s. 120.54, including public notice
2126	and the opportunity for a public hearing. For such a new
2127	project, the toll rate becomes effective upon the opening of the
2128	project to traffic.
2129	(4)  For the period July 1, 1998, through June 30, 2017
2130	2007, the department shall, to the maximum extent feasible,
2131	program sufficient funds in the tentative work program such that
2132	the percentage of turnpike toll and bond financed commitments in
2133	Dade County, Broward County, and Palm Beach County as compared
2134	to total turnpike toll and bond financed commitments shall be at
2135	least 90 percent of the share of net toll collections
2136	attributable to users of the turnpike system in Dade County,
2137	Broward County, and Palm Beach County as compared to total net
2138	toll collections attributable to users of the turnpike system.
2139	The requirements of this subsection do not apply when the
2140	application of such requirements would violate any covenant
2141	established in a resolution or trust indenture relating to the
2142	issuance of turnpike bonds.
2143	(6)  In each fiscal year while any of the bonds of the
2144	Broward County Expressway Authority series 1984 and series 1986-
2145	A remain outstanding, the department is authorized to pledge
2146	revenues from the turnpike system to the payment of principal
2147	and interest of such series of bonds, the repayment of Broward
2148	County gasoline tax funds as provided in s. 338.2275(3), and the
2149	operation and maintenance expenses of the Sawgrass Expressway,
2150	to the extent gross toll revenues of the Sawgrass Expressway are
2151	insufficient to make such payments. The terms of an agreement
2152	relative to the pledge of turnpike system revenue will be
2153	negotiated with the parties of the 1984 and 1986 Broward County
2154	Expressway Authority lease-purchase agreements, and subject to
2155	the covenants of those agreements. The agreement shall establish
2156	that the Sawgrass Expressway shall be subject to the planning,
2157	management, and operating control of the department limited only
2158	by the terms of the lease-purchase agreements. The department
2159	shall provide for the payment of operation and maintenance
2160	expenses of the Sawgrass Expressway until such agreement is in
2161	effect. This pledge of turnpike system revenues shall be
2162	subordinate to the debt service requirements of any future issue
2163	of turnpike bonds, the payment of turnpike system operation and
2164	maintenance expenses, and subject to provisions of any
2165	subsequent resolution or trust indenture relating to the
2166	issuance of such turnpike bonds.
2167	Section 38.  Paragraph (j) of subsection (1) of section
2168	339.08, Florida Statutes, is amended to read:
2169	339.08  Use of moneys in State Transportation Trust Fund.--
2170	(1)  The department shall expend moneys in the State
2171	Transportation Trust Fund accruing to the department, in
2172	accordance with its annual budget. The use of such moneys shall
2173	be restricted to the following purposes:
2174	(j)  To pay the cost of county or municipal road projects
2175	selected in accordance with the County Incentive Grant Program
2176	created in s. 339.2817, and the Small County Outreach Program
2177	created in s. 339.2818, and the Enhanced Bridge Program for
2178	Sustainable Transportation created in s. 339.285.
2179	Section 39.  Subsection (1) of section 339.09, Florida
2180	Statutes, is amended to read:
2181	339.09  Use of transportation tax revenues; restrictions.--
2182	(1)  Funds available to the department shall not be used
2183	for any nontransportation purpose. However, the department shall
2184	construct and maintain roads, parking areas, and other
2185	transportation facilities adjacent to and within the grounds of
2186	state institutions, public community colleges, farmers' markets,
2187	and wayside parks upon request of the proper authorities. The
2188	department is encouraged and permitted to use funds to construct
2189	and maintain noise mitigation facilities or walls upon request
2190	of the proper authorities.
2191	Section 40.  Section 339.175, Florida Statutes, is amended
2192	to read:
2193	339.175  Metropolitan planning organization.--
2194	(1)  PURPOSE.--It is the intent of the Legislature to
2195	encourage and promote the safe and efficient management,
2196	operation, and development of surface transportation systems
2197	that will serve the mobility needs of people and freight and
2198	foster economic growth and development within and through
2199	urbanized areas of this state while minimizing transportation-
2200	related fuel consumption and air pollution through metropolitan
2201	transportation planning processes identified in this section. To
2202	accomplish these objectives, metropolitan planning
2203	organizations, referred to in this section as M.P.O.'s, shall
2204	develop, in cooperation with the state and public transit
2205	operators, transportation plans and programs for metropolitan
2206	areas. The plans and programs for each metropolitan area must
2207	provide for the development and integrated management and
2208	operation of transportation systems and facilities, including
2209	pedestrian walkways and bicycle transportation facilities that
2210	will function as an intermodal transportation system for the
2211	metropolitan area, based upon the prevailing principles provided
2212	in s. 334.046(1). The process for developing such plans and
2213	programs shall provide for consideration of all modes of
2214	transportation and shall be continuing, cooperative, and
2215	comprehensive, to the degree appropriate, based on the
2216	complexity of the transportation problems to be addressed. To
2217	ensure that the process is integrated with the statewide
2218	planning process, M.P.O.'s shall develop plans and programs that
2219	identify transportation facilities that should function as an
2220	integrated metropolitan transportation system, giving emphasis
2221	to facilities that serve important national, state, and regional
2222	transportation functions. For the purposes of this section,
2223	those facilities include the facilities on the Strategic
2224	Intermodal System designated under s. 339.63 and facilities for
2225	which projects have been identified pursuant to s. 339.2819(4).
2226	(2)(1)  DESIGNATION.--
2227	(a)1.  An M.P.O. shall be designated for each urbanized
2228	area of the state; however, this does not require that an
2229	individual M.P.O. be designated for each such area. Such
2230	designation shall be accomplished by agreement between the
2231	Governor and units of general-purpose local government
2232	representing at least 75 percent of the population of the
2233	urbanized area; however, the unit of general-purpose local
2234	government that represents the central city or cities within the
2235	M.P.O. jurisdiction, as defined by the United States Bureau of
2236	the Census, must be a party to such agreement.
2237	2.  More than one M.P.O. may be designated within an
2238	existing metropolitan planning area only if the Governor and the
2239	existing M.P.O. determine that the size and complexity of the
2240	existing metropolitan planning area makes the designation of
2241	more than one M.P.O. for the area appropriate.
2242	(b)  Each M.P.O. designated in a manner prescribed by Title
2243	23 U.S.C. shall be created and operated under the provisions of
2244	this section pursuant to an interlocal agreement entered into
2245	pursuant to s. 163.01. The signatories to the interlocal
2246	agreement shall be the department and the governmental entities
2247	designated by the Governor for membership on the M.P.O. Each
2248	M.P.O. shall be considered separate from the state or the
2249	governing body of a local government that is represented on the
2250	governing board of the M.P.O. or that is a signatory to the
2251	interlocal agreement creating the M.P.O. and shall have such
2252	powers and privileges that are provided under s. 163.01.  If
2253	there is a conflict between this section and s. 163.01, this
2254	section prevails.
2255	(c)  The jurisdictional boundaries of an M.P.O. shall be
2256	determined by agreement between the Governor and the applicable
2257	M.P.O. The boundaries must include at least the metropolitan
2258	planning area, which is the existing urbanized area and the
2259	contiguous area expected to become urbanized within a 20-year
2260	forecast period, and may encompass the entire metropolitan
2261	statistical area or the consolidated metropolitan statistical
2262	area.
2263	(d)  In the case of an urbanized area designated as a
2264	nonattainment area for ozone or carbon monoxide under the Clean
2265	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2266	metropolitan planning area in existence as of the date of
2267	enactment of this paragraph shall be retained, except that the
2268	boundaries may be adjusted by agreement of the Governor and
2269	affected metropolitan planning organizations in the manner
2270	described in this section. If more than one M.P.O. has authority
2271	within a metropolitan area or an area that is designated as a
2272	nonattainment area, each M.P.O. shall consult with other
2273	M.P.O.'s designated for such area and with the state in the
2274	coordination of plans and programs required by this section.
2275	(e)  The governing body of the M.P.O. shall designate, at a
2276	minimum, a chair, vice chair, and agency clerk. The chair and
2277	vice chair shall be selected from among the member delegates
2278	comprising the governing board. The agency clerk shall be
2279	charged with the responsibility of preparing meeting minutes and
2280	maintaining agency records. The clerk shall be a member of the
2281	M.P.O. governing board, an employee of the M.P.O., or other
2282	natural person.
2283
2284	Each M.P.O. required under this section must be fully operative
2285	no later than 6 months following its designation.
2286	(3)(2)  VOTING MEMBERSHIP.--
2287	(a)  The voting membership of an M.P.O. shall consist of
2288	not fewer than 5 or more than 19 apportioned members, the exact
2289	number to be determined on an equitable geographic-population
2290	ratio basis by the Governor, based on an agreement among the
2291	affected units of general-purpose local government as required
2292	by federal rules and regulations. The Governor, in accordance
2293	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2294	represent municipalities to alternate with representatives from
2295	other municipalities within the metropolitan planning area that
2296	do not have members on the M.P.O. County commission members
2297	shall compose not less than one-third of the M.P.O. membership,
2298	except for an M.P.O. with more than 15 members located in a
2299	county with a 5-member five-member county commission or an
2300	M.P.O. with 19 members located in a county with no more than 6
2301	county commissioners, in which case county commission members
2302	may compose less than one-third percent of the M.P.O.
2303	membership, but all county commissioners must be members. All
2304	voting members shall be elected officials of general-purpose
2305	local governments, except that an M.P.O. may include, as part of
2306	its apportioned voting members, a member of a statutorily
2307	authorized planning board, an official of an agency that
2308	operates or administers a major mode of transportation, or an
2309	official of the Florida Space Authority. As used in this
2310	section, the term "elected officials of a general-purpose local
2311	government" shall exclude constitutional officers, including
2312	sheriffs, tax collectors, supervisors of elections, property
2313	appraisers, clerks of the court, and similar types of officials.
2314	County commissioners The county commission shall compose not
2315	less than 20 percent of the M.P.O. membership if an official of
2316	an agency that operates or administers a major mode of
2317	transportation has been appointed to an M.P.O.
2318	(b)  In metropolitan areas in which authorities or other
2319	agencies have been or may be created by law to perform
2320	transportation functions and are performing transportation
2321	functions that are not under the jurisdiction of a general-
2322	purpose general purpose local government represented on the
2323	M.P.O., they shall be provided voting membership on the M.P.O.
2324	In all other M.P.O.'s where transportation authorities or
2325	agencies are to be represented by elected officials from
2326	general-purpose general purpose local governments, the M.P.O.
2327	shall establish a process by which the collective interests of
2328	such authorities or other agencies are expressed and conveyed.
2329	(c)  Any other provision of this section to the contrary
2330	notwithstanding, a chartered county with over 1 million
2331	population may elect to reapportion the membership of an M.P.O.
2332	whose jurisdiction is wholly within the county. The charter
2333	county may exercise the provisions of this paragraph if:
2334	1.  The M.P.O. approves the reapportionment plan by a
2335	three-fourths vote of its membership;
2336	2.  The M.P.O. and the charter county determine that the
2337	reapportionment plan is needed to fulfill specific goals and
2338	policies applicable to that metropolitan planning area; and
2339	3.  The charter county determines the reapportionment plan
2340	otherwise complies with all federal requirements pertaining to
2341	M.P.O. membership.
2342
2343	Any charter county that elects to exercise the provisions of
2344	this paragraph shall notify the Governor in writing.
2345	(d)  Any other provision of this section to the contrary
2346	notwithstanding, any county chartered under s. 6(e), Art. VIII
2347	of the State Constitution may elect to have its county
2348	commission serve as the M.P.O., if the M.P.O. jurisdiction is
2349	wholly contained within the county. Any charter county that
2350	elects to exercise the provisions of this paragraph shall so
2351	notify the Governor in writing. Upon receipt of such
2352	notification, the Governor must designate the county commission
2353	as the M.P.O. The Governor must appoint four additional voting
2354	members to the M.P.O., one of whom must be an elected official
2355	representing a municipality within the county, one of whom must
2356	be an expressway authority member, one of whom must be a person
2357	who does not hold elected public office and who resides in the
2358	unincorporated portion of the county, and one of whom must be a
2359	school board member.
2360	(4)(3)  APPORTIONMENT.--
2361	(a)  The Governor shall, with the agreement of the affected
2362	units of general-purpose local government as required by federal
2363	rules and regulations, apportion the membership on the
2364	applicable M.P.O. among the various governmental entities within
2365	the area. At the request of a majority of the affected units of
2366	general-purpose local government comprising an M.P.O., the
2367	Governor and a majority of units of general-purpose local
2368	government serving on an M.P.O. shall cooperatively agree upon
2369	and prescribe who may serve as an alternate member and shall
2370	prescribe a method for appointing alternate members who may vote
2371	at any M.P.O. meeting that an alternate member attends in place
2372	of a regular member. The method shall be set forth as a part of
2373	the interlocal agreement describing the M.P.O.'s membership or
2374	in the M.P.O.'s operating procedures and bylaws. An appointed
2375	alternate member must be an elected official serving the same
2376	governmental entity or a general-purpose local government with
2377	jurisdiction within all or part of the area that the regular
2378	member serves.  The governmental entity so designated shall
2379	appoint the appropriate number of members to the M.P.O. from
2380	eligible officials. Representatives of the department shall
2381	serve as nonvoting members of the M.P.O. governing board.
2382	Nonvoting advisers may be appointed by the M.P.O. as deemed
2383	necessary; however, to the maximum extent feasible, each M.P.O.
2384	shall seek to appoint nonvoting representatives of various
2385	multimodal forms of transportation not otherwise represented by
2386	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
2387	advisers representing major military installations located
2388	within the jurisdictional boundaries of the M.P.O. upon the
2389	request of the aforesaid major military installations and
2390	subject to the agreement of the M.P.O. All nonvoting advisers
2391	may attend and participate fully in governing board meetings but
2392	shall not have a vote and shall not be members of the governing
2393	board. The Governor shall review the composition of the M.P.O.
2394	membership in conjunction with the decennial census as prepared
2395	by the United States Department of Commerce, Bureau of the
2396	Census, and reapportion it as necessary to comply with
2397	subsection (3) (2).
2398	(b)  Except for members who represent municipalities on the
2399	basis of alternating with representatives from other
2400	municipalities that do not have members on the M.P.O. as
2401	provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
2402	shall serve 4-year terms. Members who represent municipalities
2403	on the basis of alternating with representatives from other
2404	municipalities that do not have members on the M.P.O. as
2405	provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
2406	years as further provided in the interlocal agreement described
2407	in paragraph (2)(b) (1)(b). The membership of a member who is a
2408	public official automatically terminates upon the member's
2409	leaving his or her elective or appointive office for any reason,
2410	or may be terminated by a majority vote of the total membership
2411	of the entity's governing board a county or city governing
2412	entity represented by the member. A vacancy shall be filled by
2413	the original appointing entity. A member may be reappointed for
2414	one or more additional 4-year terms.
2415	(c)  If a governmental entity fails to fill an assigned
2416	appointment to an M.P.O. within 60 days after notification by
2417	the Governor of its duty to appoint, that appointment shall be
2418	made by the Governor from the eligible representatives of that
2419	governmental entity.
2420	(5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2421	responsibility of an M.P.O. is to manage a continuing,
2422	cooperative, and comprehensive transportation planning process
2423	that, based upon the prevailing principles provided in s.
2424	334.046(1), results in the development of plans and programs
2425	which are consistent, to the maximum extent feasible, with the
2426	approved local government comprehensive plans of the units of
2427	local government the boundaries of which are within the
2428	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2429	cooperative decisionmaking by officials of the affected
2430	governmental entities in the development of the plans and
2431	programs required by subsections (5), (6), (7), and (8), and
2432	(9).
2433	(6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2434	privileges, and authority of an M.P.O. are those specified in
2435	this section or incorporated in an interlocal agreement
2436	authorized under s. 163.01. Each M.P.O. shall perform all acts
2437	required by federal or state laws or rules, now and subsequently
2438	applicable, which are necessary to qualify for federal aid. It
2439	is the intent of this section that each M.P.O. shall be involved
2440	in the planning and programming of transportation facilities,
2441	including, but not limited to, airports, intercity and high-
2442	speed rail lines, seaports, and intermodal facilities, to the
2443	extent permitted by state or federal law.
2444	(a)  Each M.P.O. shall, in cooperation with the department,
2445	develop:
2446	1.  A long-range transportation plan pursuant to the
2447	requirements of subsection (7) (6);
2448	2.  An annually updated transportation improvement program
2449	pursuant to the requirements of subsection (8) (7); and
2450	3.  An annual unified planning work program pursuant to the
2451	requirements of subsection (9) (8).
2452	(b)  In developing the long-range transportation plan and
2453	the transportation improvement program required under paragraph
2454	(a), each M.P.O. shall provide for consideration of projects and
2455	strategies that will:
2456	1.  Support the economic vitality of the metropolitan area,
2457	especially by enabling global competitiveness, productivity, and
2458	efficiency;
2459	2.  Increase the safety and security of the transportation
2460	system for motorized and nonmotorized users;
2461	3.  Increase the accessibility and mobility options
2462	available to people and for freight;
2463	4.  Protect and enhance the environment, promote energy
2464	conservation, and improve quality of life;
2465	5.  Enhance the integration and connectivity of the
2466	transportation system, across and between modes, for people and
2467	freight;
2468	6.  Promote efficient system management and operation; and
2469	7.  Emphasize the preservation of the existing
2470	transportation system.
2471	(c)  In order to provide recommendations to the department
2472	and local governmental entities regarding transportation plans
2473	and programs, each M.P.O. shall:
2474	1.  Prepare a congestion management system for the
2475	metropolitan area and cooperate with the department in the
2476	development of all other transportation management systems
2477	required by state or federal law;
2478	2.  Assist the department in mapping transportation
2479	planning boundaries required by state or federal law;
2480	3.  Assist the department in performing its duties relating
2481	to access management, functional classification of roads, and
2482	data collection;
2483	4.  Execute all agreements or certifications necessary to
2484	comply with applicable state or federal law;
2485	5.  Represent all the jurisdictional areas within the
2486	metropolitan area in the formulation of transportation plans and
2487	programs required by this section; and
2488	6.  Perform all other duties required by state or federal
2489	law.
2490	(d)  Each M.P.O. shall appoint a technical advisory
2491	committee, the members of which shall serve at the pleasure of
2492	the M.P.O. The membership of the technical advisory committee
2493	must include, whenever possible, that includes planners;
2494	engineers; representatives of local aviation authorities, port
2495	authorities, and public transit authorities or representatives
2496	of aviation departments, seaport departments, and public transit
2497	departments of municipal or county governments, as applicable;
2498	the school superintendent of each county within the jurisdiction
2499	of the M.P.O. or the superintendent's designee; and other
2500	appropriate representatives of affected local governments. In
2501	addition to any other duties assigned to it by the M.P.O. or by
2502	state or federal law, the technical advisory committee is
2503	responsible for considering safe access to schools in its review
2504	of transportation project priorities, long-range transportation
2505	plans, and transportation improvement programs, and shall advise
2506	the M.P.O. on such matters. In addition, the technical advisory
2507	committee shall coordinate its actions with local school boards
2508	and other local programs and organizations within the
2509	metropolitan area which participate in school safety activities,
2510	such as locally established community traffic safety teams.
2511	Local school boards must provide the appropriate M.P.O. with
2512	information concerning future school sites and in the
2513	coordination of transportation service.
2514	(e)1.  Each M.P.O. shall appoint a citizens' advisory
2515	committee, the members of which serve at the pleasure of the
2516	M.P.O. The membership on the citizens' advisory committee must
2517	reflect a broad cross section of local residents with an
2518	interest in the development of an efficient, safe, and cost-
2519	effective transportation system. Minorities, the elderly, and
2520	the handicapped must be adequately represented.
2521	2.  Notwithstanding the provisions of subparagraph 1., an
2522	M.P.O. may, with the approval of the department and the
2523	applicable federal governmental agency, adopt an alternative
2524	program or mechanism to ensure citizen involvement in the
2525	transportation planning process.
2526	(f)  The department shall allocate to each M.P.O., for the
2527	purpose of accomplishing its transportation planning and
2528	programming duties, an appropriate amount of federal
2529	transportation planning funds.
2530	(g)  Each M.P.O. shall have an executive or staff director
2531	who reports directly to the M.P.O. governing board for all
2532	matters regarding the administration and operation of the M.P.O.
2533	and any additional personnel as deemed necessary. The executive
2534	director and any additional personnel may be employed either by
2535	an M.P.O. or by another governmental entity, such as a county,
2536	city, or regional planning council, that has a staff services
2537	agreement signed and in effect with the M.P.O. Each M.P.O. may
2538	employ personnel or may enter into contracts with local or state
2539	agencies, private planning firms, or private engineering firms,
2540	or other public or private entities to accomplish its
2541	transportation planning and programming duties and
2542	administrative functions required by state or federal law.
2543	(h)  In order to enhance their knowledge, effectiveness,
2544	and participation in the urbanized area transportation planning
2545	process, each M.P.O. shall provide training opportunities and
2546	training funds specifically for local elected officials and
2547	others who serve on an M.P.O. The training opportunities may be
2548	conducted by an individual M.P.O. or through statewide and
2549	federal training programs and initiatives that are specifically
2550	designed to meet the needs of M.P.O. board members.
2551	(i)(h)  A chair's coordinating committee is created,
2552	composed of the M.P.O.'s serving Hernando, Hillsborough,
2553	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
2554	committee must, at a minimum:
2555	1.  Coordinate transportation projects deemed to be
2556	regionally significant by the committee.
2557	2.  Review the impact of regionally significant land use
2558	decisions on the region.
2559	3.  Review all proposed regionally significant
2560	transportation projects in the respective transportation
2561	improvement programs which affect more than one of the M.P.O.'s
2562	represented on the committee.
2563	4.  Institute a conflict resolution process to address any
2564	conflict that may arise in the planning and programming of such
2565	regionally significant projects.
2566	(j)(i)1.  The Legislature finds that the state's rapid
2567	growth in recent decades has caused many urbanized areas subject
2568	to M.P.O. jurisdiction to become contiguous to each other. As a
2569	result, various transportation projects may cross from the
2570	jurisdiction of one M.P.O. into the jurisdiction of another
2571	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2572	have been mandated, M.P.O.'s shall develop coordination
2573	mechanisms with one another to expand and improve transportation
2574	within the state. The appropriate method of coordination between
2575	M.P.O.'s shall vary depending upon the project involved and
2576	given local and regional needs. Consequently, it is appropriate
2577	to set forth a flexible methodology that can be used by M.P.O.'s
2578	to coordinate with other M.P.O.'s and appropriate political
2579	subdivisions as circumstances demand.
2580	2.  Any M.P.O. may join with any other M.P.O. or any
2581	individual political subdivision to coordinate activities or to
2582	achieve any federal or state transportation planning or
2583	development goals or purposes consistent with federal or state
2584	law. When an M.P.O. determines that it is appropriate to join
2585	with another M.P.O. or any political subdivision to coordinate
2586	activities, the M.P.O. or political subdivision shall enter into
2587	an interlocal agreement pursuant to s. 163.01, which, at a
2588	minimum, creates a separate legal or administrative entity to
2589	coordinate the transportation planning or development activities
2590	required to achieve the goal or purpose; provides provide the
2591	purpose for which the entity is created; provides provide the
2592	duration of the agreement and the entity, and specifies specify
2593	how the agreement may be terminated, modified, or rescinded;
2594	describes describe the precise organization of the entity,
2595	including who has voting rights on the governing board, whether
2596	alternative voting members are provided for, how voting members
2597	are appointed, and what the relative voting strength is for each
2598	constituent M.P.O. or political subdivision; provides provide
2599	the manner in which the parties to the agreement will provide
2600	for the financial support of the entity and payment of costs and
2601	expenses of the entity; provides provide the manner in which
2602	funds may be paid to and disbursed from the entity; and provides
2603	provide how members of the entity will resolve disagreements
2604	regarding interpretation of the interlocal agreement or disputes
2605	relating to the operation of the entity. Such interlocal
2606	agreement shall become effective upon its recordation in the
2607	official public records of each county in which a member of the
2608	entity created by the interlocal agreement has a voting member.
2609	This paragraph does not require any M.P.O.'s to merge, combine,
2610	or otherwise join together as a single M.P.O.
2611	(7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2612	develop a long-range transportation plan that addresses at least
2613	a 20-year planning horizon. The plan must include both long-
2614	range and short-range strategies and must comply with all other
2615	state and federal requirements. The prevailing principles to be
2616	considered in the long-range transportation plan are: preserving
2617	the existing transportation infrastructure; enhancing Florida's
2618	economic competitiveness; and improving travel choices to ensure
2619	mobility. The long-range transportation plan must be consistent,
2620	to the maximum extent feasible, with future land use elements
2621	and the goals, objectives, and policies of the approved local
2622	government comprehensive plans of the units of local government
2623	located within the jurisdiction of the M.P.O. The approved long-
2624	range transportation plan must be considered by local
2625	governments in the development of the transportation elements in
2626	local government comprehensive plans and any amendments thereto.
2627	The long-range transportation plan must, at a minimum:
2628	(a)  Identify transportation facilities, including, but not
2629	limited to, major roadways, airports, seaports, spaceports,
2630	commuter rail systems, transit systems, and intermodal or
2631	multimodal terminals that will function as an integrated
2632	metropolitan transportation system. The long-range
2633	transportation plan must give emphasis to those transportation
2634	facilities that serve national, statewide, or regional
2635	functions, and must consider the goals and objectives identified
2636	in the Florida Transportation Plan as provided in s. 339.155. If
2637	a project is located within the boundaries of more than one
2638	M.P.O., the M.P.O.'s must coordinate plans regarding the project
2639	in the long-range transportation plan.
2640	(b)  Include a financial plan that demonstrates how the
2641	plan can be implemented, indicating resources from public and
2642	private sources which are reasonably expected to be available to
2643	carry out the plan, and recommends any additional financing
2644	strategies for needed projects and programs. The financial plan
2645	may include, for illustrative purposes, additional projects that
2646	would be included in the adopted long-range transportation plan
2647	if reasonable additional resources beyond those identified in
2648	the financial plan were available. For the purpose of developing
2649	the long-range transportation plan, the M.P.O. and the
2650	department shall cooperatively develop estimates of funds that
2651	will be available to support the plan implementation. Innovative
2652	financing techniques may be used to fund needed projects and
2653	programs. Such techniques may include the assessment of tolls,
2654	the use of value capture financing, or the use of value pricing.
2655	(c)  Assess capital investment and other measures necessary
2656	to:
2657	1.  Ensure the preservation of the existing metropolitan
2658	transportation system including requirements for the operation,
2659	resurfacing, restoration, and rehabilitation of major roadways
2660	and requirements for the operation, maintenance, modernization,
2661	and rehabilitation of public transportation facilities; and
2662	2.  Make the most efficient use of existing transportation
2663	facilities to relieve vehicular congestion and maximize the
2664	mobility of people and goods.
2665	(d)  Indicate, as appropriate, proposed transportation
2666	enhancement activities, including, but not limited to,
2667	pedestrian and bicycle facilities, scenic easements,
2668	landscaping, historic preservation, mitigation of water
2669	pollution due to highway runoff, and control of outdoor
2670	advertising.
2671	(e)  In addition to the requirements of paragraphs (a)-(d),
2672	in metropolitan areas that are classified as nonattainment areas
2673	for ozone or carbon monoxide, the M.P.O. must coordinate the
2674	development of the long-range transportation plan with the State
2675	Implementation Plan developed pursuant to the requirements of
2676	the federal Clean Air Act.
2677
2678	In the development of its long-range transportation plan, each
2679	M.P.O. must provide the public, affected public agencies,
2680	representatives of transportation agency employees, freight
2681	shippers, providers of freight transportation services, private
2682	providers of transportation, representatives of users of public
2683	transit, and other interested parties with a reasonable
2684	opportunity to comment on the long-range transportation plan.
2685	The long-range transportation plan must be approved by the
2686	M.P.O.
2687	(8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2688	shall, in cooperation with the state and affected public
2689	transportation operators, develop a transportation improvement
2690	program for the area within the jurisdiction of the M.P.O. In
2691	the development of the transportation improvement program, each
2692	M.P.O. must provide the public, affected public agencies,
2693	representatives of transportation agency employees, freight
2694	shippers, providers of freight transportation services, private
2695	providers of transportation, representatives of users of public
2696	transit, and other interested parties with a reasonable
2697	opportunity to comment on the proposed transportation
2698	improvement program.
2699	(a)  Each M.P.O. is responsible for developing, annually, a
2700	list of project priorities and a transportation improvement
2701	program. The prevailing principles to be considered by each
2702	M.P.O. when developing a list of project priorities and a
2703	transportation improvement program are: preserving the existing
2704	transportation infrastructure; enhancing Florida's economic
2705	competitiveness; and improving travel choices to ensure
2706	mobility. The transportation improvement program will be used to
2707	initiate federally aided transportation facilities and
2708	improvements as well as other transportation facilities and
2709	improvements including transit, rail, aviation, spaceport, and
2710	port facilities to be funded from the State Transportation Trust
2711	Fund within its metropolitan area in accordance with existing
2712	and subsequent federal and state laws and rules and regulations
2713	related thereto. The transportation improvement program shall be
2714	consistent, to the maximum extent feasible, with the approved
2715	local government comprehensive plans of the units of local
2716	government whose boundaries are within the metropolitan area of
2717	the M.P.O. and include those projects programmed pursuant to s.
2718	339.2819(4).
2719	(b)  Each M.P.O. annually shall prepare a list of project
2720	priorities and shall submit the list to the appropriate district
2721	of the department by October 1 of each year; however, the
2722	department and a metropolitan planning organization may, in
2723	writing, agree to vary this submittal date. The list of project
2724	priorities must be formally reviewed by the technical and
2725	citizens' advisory committees, and approved by the M.P.O.,
2726	before it is transmitted to the district. The approved list of
2727	project priorities must be used by the district in developing
2728	the district work program and must be used by the M.P.O. in
2729	developing its transportation improvement program. The annual
2730	list of project priorities must be based upon project selection
2731	criteria that, at a minimum, consider the following:
2732	1.  The approved M.P.O. long-range transportation plan;
2733	2.  The Strategic Intermodal System Plan developed under s.
2734	339.64.
2735	3.  The priorities developed pursuant to s. 339.2819(4).
2736	4.  The results of the transportation management systems;
2737	and
2738	5.  The M.P.O.'s public-involvement procedures.
2739	(c)  The transportation improvement program must, at a
2740	minimum:
2741	1.  Include projects and project phases to be funded with
2742	state or federal funds within the time period of the
2743	transportation improvement program and which are recommended for
2744	advancement during the next fiscal year and 4 subsequent fiscal
2745	years. Such projects and project phases must be consistent, to
2746	the maximum extent feasible, with the approved local government
2747	comprehensive plans of the units of local government located
2748	within the jurisdiction of the M.P.O. For informational
2749	purposes, the transportation improvement program shall also
2750	include a list of projects to be funded from local or private
2751	revenues.
2752	2.  Include projects within the metropolitan area which are
2753	proposed for funding under 23 U.S.C. s. 134 of the Federal
2754	Transit Act and which are consistent with the long-range
2755	transportation plan developed under subsection (7) (6).
2756	3.  Provide a financial plan that demonstrates how the
2757	transportation improvement program can be implemented; indicates
2758	the resources, both public and private, that are reasonably
2759	expected to be available to accomplish the program; identifies
2760	any innovative financing techniques that may be used to fund
2761	needed projects and programs; and may include, for illustrative
2762	purposes, additional projects that would be included in the
2763	approved transportation improvement program if reasonable
2764	additional resources beyond those identified in the financial
2765	plan were available. Innovative financing techniques may include
2766	the assessment of tolls, the use of value capture financing, or
2767	the use of value pricing. The transportation improvement program
2768	may include a project or project phase only if full funding can
2769	reasonably be anticipated to be available for the project or
2770	project phase within the time period contemplated for completion
2771	of the project or project phase.
2772	4.  Group projects and project phases of similar urgency
2773	and anticipated staging into appropriate staging periods.
2774	5.  Indicate how the transportation improvement program
2775	relates to the long-range transportation plan developed under
2776	subsection (7) (6), including providing examples of specific
2777	projects or project phases that further the goals and policies
2778	of the long-range transportation plan.
2779	6.  Indicate whether any project or project phase is
2780	inconsistent with an approved comprehensive plan of a unit of
2781	local government located within the jurisdiction of the M.P.O.
2782	If a project is inconsistent with an affected comprehensive
2783	plan, the M.P.O. must provide justification for including the
2784	project in the transportation improvement program.
2785	7.  Indicate how the improvements are consistent, to the
2786	maximum extent feasible, with affected seaport, airport, and
2787	spaceport master plans and with public transit development plans
2788	of the units of local government located within the jurisdiction
2789	of the M.P.O. If a project is located within the boundaries of
2790	more than one M.P.O., the M.P.O.'s must coordinate plans
2791	regarding the project in the transportation improvement program.
2792	(d)  Projects included in the transportation improvement
2793	program and that have advanced to the design stage of
2794	preliminary engineering may be removed from or rescheduled in a
2795	subsequent transportation improvement program only by the joint
2796	action of the M.P.O. and the department. Except when recommended
2797	in writing by the district secretary for good cause, any project
2798	removed from or rescheduled in a subsequent transportation
2799	improvement program shall not be rescheduled by the M.P.O. in
2800	that subsequent program earlier than the 5th year of such
2801	program.
2802	(e)  During the development of the transportation
2803	improvement program, the M.P.O. shall, in cooperation with the
2804	department and any affected public transit operation, provide
2805	citizens, affected public agencies, representatives of
2806	transportation agency employees, freight shippers, providers of
2807	freight transportation services, private providers of
2808	transportation, representatives of users of public transit, and
2809	other interested parties with reasonable notice of and an
2810	opportunity to comment on the proposed program.
2811	(f)  The adopted annual transportation improvement program
2812	for M.P.O.'s in nonattainment or maintenance areas must be
2813	submitted to the district secretary and the Department of
2814	Community Affairs at least 90 days before the submission of the
2815	state transportation improvement program by the department to
2816	the appropriate federal agencies. The annual transportation
2817	improvement program for M.P.O.'s in attainment areas must be
2818	submitted to the district secretary and the Department of
2819	Community Affairs at least 45 days before the department submits
2820	the state transportation improvement program to the appropriate
2821	federal agencies; however, the department, the Department of
2822	Community Affairs, and a metropolitan planning organization may,
2823	in writing, agree to vary this submittal date. The Governor or
2824	the Governor's designee shall review and approve each
2825	transportation improvement program and any amendments thereto.
2826	(g)  The Department of Community Affairs shall review the
2827	annual transportation improvement program of each M.P.O. for
2828	consistency with the approved local government comprehensive
2829	plans of the units of local government whose boundaries are
2830	within the metropolitan area of each M.P.O. and shall identify
2831	those projects that are inconsistent with such comprehensive
2832	plans. The Department of Community Affairs shall notify an
2833	M.P.O. of any transportation projects contained in its
2834	transportation improvement program which are inconsistent with
2835	the approved local government comprehensive plans of the units
2836	of local government whose boundaries are within the metropolitan
2837	area of the M.P.O.
2838	(h)  The M.P.O. shall annually publish or otherwise make
2839	available for public review the annual listing of projects for
2840	which federal funds have been obligated in the preceding year.
2841	Project monitoring systems must be maintained by those agencies
2842	responsible for obligating federal funds and made accessible to
2843	the M.P.O.'s.
2844	(9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2845	develop, in cooperation with the department and public
2846	transportation providers, a unified planning work program that
2847	lists all planning tasks to be undertaken during the program
2848	year. The unified planning work program must provide a complete
2849	description of each planning task and an estimated budget
2850	therefor and must comply with applicable state and federal law.
2851	(10)(9)  AGREEMENTS.--
2852	(a)  Each M.P.O. shall execute the following written
2853	agreements, which shall be reviewed, and updated as necessary,
2854	every 5 years:
2855	1.  An agreement with the department clearly establishing
2856	the cooperative relationship essential to accomplish the
2857	transportation planning requirements of state and federal law.
2858	2.  An agreement with the metropolitan and regional
2859	intergovernmental coordination and review agencies serving the
2860	metropolitan areas, specifying the means by which activities
2861	will be coordinated and how transportation planning and
2862	programming will be part of the comprehensive planned
2863	development of the area.
2864	3.  An agreement with operators of public transportation
2865	systems, including transit systems, commuter rail systems,
2866	airports, seaports, and spaceports, describing the means by
2867	which activities will be coordinated and specifying how public
2868	transit, commuter rail, aviation, seaport, and aerospace
2869	planning and programming will be part of the comprehensive
2870	planned development of the metropolitan area.
2871	(b)  An M.P.O. may execute other agreements required by
2872	state or federal law or as necessary to properly accomplish its
2873	functions.
2874	(11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
2875	COUNCIL.--
2876	(a)  A Metropolitan Planning Organization Advisory Council
2877	is created to augment, and not supplant, the role of the
2878	individual M.P.O.'s in the cooperative transportation planning
2879	process described in this section.
2880	(b)  The council shall consist of one representative from
2881	each M.P.O. and shall elect a chairperson annually from its
2882	number. Each M.P.O. shall also elect an alternate representative
2883	from each M.P.O. to vote in the absence of the representative.
2884	Members of the council do not receive any compensation for their
2885	services, but may be reimbursed from funds made available to
2886	council members for travel and per diem expenses incurred in the
2887	performance of their council duties as provided in s. 112.061.
2888	(c)  The powers and duties of the Metropolitan Planning
2889	Organization Advisory Council are to:
2890	1.  Enter into contracts with individuals, private
2891	corporations, and public agencies.
2892	2.  Acquire, own, operate, maintain, sell, or lease
2893	personal property essential for the conduct of business.
2894	3.  Accept funds, grants, assistance, gifts, or bequests
2895	from private, local, state, or federal sources.
2896	4.  Establish bylaws and adopt rules pursuant to ss.
2897	120.536(1) and 120.54 to implement provisions of law conferring
2898	powers or duties upon it.
2899	5.  Assist M.P.O.'s in carrying out the urbanized area
2900	transportation planning process by serving as the principal
2901	forum for collective policy discussion pursuant to law.
2902	6.  Serve as a clearinghouse for review and comment by
2903	M.P.O.'s on the Florida Transportation Plan and on other issues
2904	required to comply with federal or state law in carrying out the
2905	urbanized area transportation and systematic planning processes
2906	instituted pursuant to s. 339.155.
2907	7.  Employ an executive director and such other staff as
2908	necessary to perform adequately the functions of the council,
2909	within budgetary limitations. The executive director and staff
2910	are exempt from part II of chapter 110 and serve at the
2911	direction and control of the council. The council is assigned to
2912	the Office of the Secretary of the Department of Transportation
2913	for fiscal and accountability purposes, but it shall otherwise
2914	function independently of the control and direction of the
2915	department.
2916	8.  Adopt an agency strategic plan that provides the
2917	priority directions the agency will take to carry out its
2918	mission within the context of the state comprehensive plan and
2919	any other statutory mandates and directions given to the agency.
2920	(12)(11)  APPLICATION OF FEDERAL LAW.--Upon notification by
2921	an agency of the Federal Government that any provision of this
2922	section conflicts with federal laws or regulations, such federal
2923	laws or regulations will take precedence to the extent of the
2924	conflict until such conflict is resolved. The department or an
2925	M.P.O. may take any necessary action to comply with such federal
2926	laws and regulations or to continue to remain eligible to
2927	receive federal funds.
2928	(13)(12)  VOTING REQUIREMENTS.--Each long-range
2929	transportation plan required pursuant to subsection (7) (6),
2930	each annually updated Transportation Improvement Program
2931	required under subsection (8) (7), and each amendment that
2932	affects projects in the first 3 years of such plans and programs
2933	must be approved by each M.P.O. on a recorded roll call vote, or
2934	hand-counted vote, of a majority of the membership present.
2935	Section 41.  Subsection (2) of section 339.2819, Florida
2936	Statutes, is amended to read:
2937	339.2819  Transportation Regional Incentive Program.--
2938	(2)  The percentage of matching funds provided from the
2939	Transportation Regional Incentive Program shall be 50 percent of
2940	project costs, or up to 50 percent of the nonfederal share of
2941	the eligible project cost for a public transportation facility
2942	project.
2943	Section 42.  Section 339.282, Florida Statutes, is created
2944	to read:
2945	339.282  Transportation concurrency incentives.--The
2946	Legislature finds that allowing private-sector entities to
2947	finance, construct, and improve public transportation facilities
2948	can provide significant benefits to the citizens of this state
2949	by facilitating transportation of the general public without the
2950	need for additional public tax revenues. In order to encourage
2951	the more efficient and proactive provision of transportation
2952	improvements by the private sector, if a developer or property
2953	owner voluntarily contributes right-of-way and physically
2954	constructs or expands a state transportation facility or
2955	segment, and such construction or expansion improves traffic
2956	flow, capacity, or safety, the voluntary contribution may be
2957	applied as a credit for that property owner or developer against
2958	any future transportation concurrency requirements pursuant to
2959	chapter 163, provided such contributions and credits are set
2960	forth in a legally binding agreement executed by the property
2961	owner or developer, the local government of the jurisdiction in
2962	which the facility is located, and the department. If the
2963	developer or property owner voluntarily contributes right-of-way
2964	and physically constructs or expands a local government facility
2965	or segment and such construction or expansion meets the
2966	requirements in this section and is set forth in a legally
2967	binding agreement between the property owner or developer and
2968	the applicable local government, the contribution to the local
2969	government collector and the arterial system may be applied as
2970	credit against any future transportation concurrency
2971	requirements within the jurisdiction under chapter 163.
2972	Section 43.  Section 339.285, Florida Statutes, is created
2973	to read:
2974	339.285  Enhanced Bridge Program for Sustainable
2975	Transportation.--
2976	(1)  There is created within the Department of
2977	Transportation the Enhanced Bridge Program for Sustainable
2978	Transportation for the purpose of providing funds to improve the
2979	sufficiency rating of local bridges and to improve congested
2980	roads on the State Highway System or local corridors on which
2981	high-cost bridges are located in order to improve a corridor or
2982	provide an alternative corridor.
2983	(2)  Matching funds provided from the program may fund up
2984	to 50 percent of project costs.
2985	(3)  The department shall allocate a minimum of 25 percent
2986	of funding available for the program for local bridge projects
2987	to replace, rehabilitate, paint, or install scour
2988	countermeasures to highway bridges located on public roads,
2989	other than those on the State Highway System. A project to be
2990	funded must, at a minimum:
2991	(a)  Be classified as a structurally deficient bridge
2992	having a poor condition rating for the deck, superstructure,
2993	substructure component, or culvert;
2994	(b)  Have a sufficiency rating of 35 or below; and
2995	(c)  Have average daily traffic of at least 500 vehicles.
2996	(4)  Special consideration shall be given to bridges that
2997	are closed to all traffic or that have a load restriction of
2998	less than 10 tons.
2999	(5)  The department shall allocate remaining funding
3000	available for the program to improve highly congested roads on
3001	the State Highway System or local corridors on which high-cost
3002	bridges are located in order to improve the corridor or provide
3003	an alternative corridor. A project to be funded must, at a
3004	minimum:
3005	(a)  Be on or provide direct relief to an existing corridor
3006	that is backlogged or constrained; and
3007	(b)  Be a major bridge having an estimated cost greater
3008	than $25 million.
3009	(6)  Preference shall be given to bridge projects located
3010	on corridors that connect to the Strategic Intermodal System,
3011	created under s. 339.64, and that have been identified as
3012	regionally significant in accordance with s. 339.155(5)(c), (d),
3013	and (e).
3014	Section 44.  Subsection (4) of section 339.55, Florida
3015	Statutes, is amended, and paragraph (c) is added to subsection
3016	(2) and paragraph (j) is added to subsection (7) of that
3017	section, to read:
3018	339.55  State-funded infrastructure bank.--
3019	(2)  The bank may lend capital costs or provide credit
3020	enhancements for:
3021	(c)1.  Emergency loans for damages incurred to public-use
3022	commercial deepwater seaports, public-use airports, and other
3023	public-use transit and intermodal facilities that are within an
3024	area that is part of an official state declaration of emergency
3025	pursuant to chapter 252 and all other applicable laws. Such
3026	loans:
3027	a.  May not exceed 24 months in duration except in extreme
3028	circumstances, for which the Secretary of Transportation may
3029	grant up to 36 months upon making written findings specifying
3030	the conditions requiring a 36-month term.
3031	b.  Require application from the recipient to the
3032	department that includes documentation of damage claims filed
3033	with the Federal Emergency Management Agency or an applicable
3034	insurance carrier and documentation of the recipient's overall
3035	financial condition.
3036	c.  Are subject to approval by the Secretary of
3037	Transportation and the Legislative Budget Commission.
3038	2.  Loans provided under this paragraph must be repaid upon
3039	receipt by the recipient of eligible program funding for damages
3040	in accordance with the claims filed with the Federal Emergency
3041	Management Agency or an applicable insurance carrier, but no
3042	later than the duration of the loan.
3043	(4)  Loans from the bank may bear interest at or below
3044	market interest rates, as determined by the department.
3045	Repayment of any loan from the bank shall commence not later
3046	than 5 years after the project has been completed or, in the
3047	case of a highway project, the facility has opened to traffic,
3048	whichever is later, and shall be repaid within in no more than
3049	30 years, except for loans provided under paragraph (2)(c),
3050	which shall be repaid within 36 months.
3051	(7)  The department may consider, but is not limited to,
3052	the following criteria for evaluation of projects for assistance
3053	from the bank:
3054	(j)  The extent to which damage from a disaster that
3055	results in a declaration of emergency has impacted a public
3056	transportation facility's ability to maintain its previous level
3057	of service and remain accessible to the public or has had a
3058	major impact on the cash flow or revenue-generation ability of
3059	the public-use facility.
3060	Section 45.  Section 339.63, Florida Statutes, is amended
3061	to read:
3062	339.63  System facilities designated; additions and
3063	deletions.--
3064	(1)  The initial Strategic Intermodal System shall include
3065	all facilities that meet the criteria recommended by the
3066	Strategic Intermodal Steering Committee in a report titled
3067	"Steering Committee Final Report: Recommendations for
3068	Designating Florida's Strategic Intermodal System" dated
3069	December 2002.
3070	(2)  The Strategic Intermodal System and the Emerging
3071	Strategic Intermodal System include three different types of
3072	facilities that each form one component of an interconnected
3073	transportation system which types include:
3074	(a)  Existing or planned hubs that are ports and terminals
3075	including airports, seaports, spaceports, passenger terminals,
3076	and rail terminals serving to move goods or people between
3077	Florida regions or between Florida and other markets in the
3078	United States and the rest of the world;
3079	(b)  Existing or planned corridors that are highways, rail
3080	lines, waterways, and other exclusive-use facilities connecting
3081	major markets within Florida or between Florida and other states
3082	or nations; and
3083	(c)  Existing or planned intermodal connectors that are
3084	highways, rail lines, waterways or local public transit systems
3085	serving as connectors between the components listed in
3086	paragraphs (a) and (b).
3087	(3)  After Subsequent to the initial designation of the
3088	Strategic Intermodal System under pursuant to subsection (1),
3089	the department shall, in coordination with the metropolitan
3090	planning organizations, local governments, regional planning
3091	councils, transportation providers, and affected public
3092	agencies, add facilities to or delete facilities from the
3093	Strategic Intermodal System described in paragraphs (2)(b) and
3094	(2)(c) based upon criteria adopted by the department.
3095	(4)  After the initial designation of the Strategic
3096	Intermodal System under subsection (1), the department shall, in
3097	coordination with the metropolitan planning organizations, local
3098	governments, regional planning councils, transportation
3099	providers, and affected public agencies, add facilities to or
3100	delete facilities from the Strategic Intermodal System described
3101	in paragraph (2)(a) based upon criteria adopted by the
3102	department. However, an airport that is designated as a reliever
3103	airport to a Strategic Intermodal System airport which has at
3104	least 75,000 itinerant operations per year, has a runway length
3105	of at least 5,500 linear feet, is capable of handling aircraft
3106	weighing at least 60,000 pounds with a dual wheel configuration
3107	which is served by at least one precision instrument approach,
3108	and serves a cluster of aviation-dependent industries, shall be
3109	designated as part of the Strategic Intermodal System by the the
3110	Secretary of Transportation upon the request of a reliever
3111	airport meeting this criteria. shall periodically add facilities
3112	to or delete facilities from the Strategic Intermodal System
3113	based upon adopted criteria.
3114	Section 46.  Subsection (2) of section 341.071, Florida
3115	Statutes, is amended to read:
3116	341.071  Transit productivity and performance measures;
3117	reports.--
3118	(2)  Each public transit provider shall establish
3119	productivity and performance measures, which must be approved by
3120	the department and which must be selected from measures
3121	developed pursuant to s. 341.041(3). Each provider shall by
3122	January 31 of each year report annually to the department
3123	relative to these measures. In approving these measures, the
3124	department shall give consideration to the goals and objectives
3125	of each system, the needs of the local area, and the role for
3126	public transit in the local area. The report shall also
3127	specifically address potential enhancements to productivity and
3128	performance which would have the effect of increasing farebox
3129	recovery ratio.
3130	Section 47.  Paragraph (a) of subsection (2) of section
3131	343.81, Florida Statutes, is amended to read:
3132	343.81  Northwest Florida Transportation Corridor
3133	Authority.--
3134	(2)(a)  The governing body of the authority shall consist
3135	of eight voting members, one each from Escambia, Santa Rosa,
3136	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
3137	appointed by the Governor to a 4-year term. The appointees shall
3138	be residents of their respective counties and may not hold an
3139	elected office. Upon the effective date of his or her
3140	appointment, or as soon thereafter as practicable, each
3141	appointed member of the authority shall enter upon his or her
3142	duties. Each appointed member shall hold office until his or her
3143	successor has been appointed and has qualified. A vacancy
3144	occurring during a term shall be filled only for the balance of
3145	the unexpired term. Any member of the authority shall be
3146	eligible for reappointment. Members of the authority may be
3147	removed from office by the Governor for misconduct, malfeasance,
3148	misfeasance, or nonfeasance in office.
3149	Section 48.  The amendments made by this act to s. 343.81,
3150	Florida Statutes, prohibiting the appointment of a person
3151	holding an elected office to the Northwest Florida
3152	Transportation Corridor Authority shall not prohibit any member
3153	appointed prior to the effective date of this act from
3154	completing his or her current term, and the prohibition shall
3155	only apply to members appointed after the effective date of this
3156	act and shall not preclude the reappointment of any existing
3157	member.
3158	Section 49.  Subsection (2) of section 343.82, Florida
3159	Statutes, is amended to read:
3160	343.82  Purposes and powers.--
3161	(2)(a)  The authority is authorized to construct any feeder
3162	roads, reliever roads, connector roads, bypasses, or appurtenant
3163	facilities that are intended to improve mobility along the U.S.
3164	98 corridor. The transportation improvement projects may also
3165	include all necessary approaches, roads, bridges, and avenues of
3166	access that are desirable and proper with the concurrence, where
3167	applicable, of the department if the project is to be part of
3168	the State Highway System or the respective county or municipal
3169	governing boards. Any transportation facilities constructed by
3170	the authority may be tolled.
3171	(b)  Notwithstanding any special act to the contrary, the
3172	authority shall plan for and study the feasibility of
3173	constructing, operating, and maintaining a bridge or bridges
3174	spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
3175	access roads to such bridge or bridges, including studying the
3176	environmental and economic feasibility of such bridge or bridges
3177	and access roads, and such other transportation facilities that
3178	become part of such bridge system. The authority may construct,
3179	operate, and maintain the bridge system if the authority
3180	determines that the bridge system project is feasible and
3181	consistent with the authority's primary purpose and master plan.
3182	Section 50.  Section 334.30, Florida Statutes, is amended
3183	to read:
3184	334.30  Public-private transportation facilities.--The
3185	Legislature hereby finds and declares that there is a public
3186	need for the rapid construction of safe and efficient
3187	transportation facilities for the purpose of traveling travel
3188	within the state, and that it is in the public's interest to
3189	provide for the construction of additional safe, convenient, and
3190	economical transportation facilities.
3191	(1)  The department may receive or solicit proposals and,
3192	with legislative approval as evidenced by approval of the
3193	project in the department's work program, enter into agreements
3194	with private entities, or consortia thereof, for the building,
3195	operation, ownership, or financing of transportation facilities.
3196	The department may advance projects programmed in the adopted 5-
3197	year work program or projects increasing transportation capacity
3198	and greater than $500 million in the 10-year Strategic
3199	Intermodal Plan using funds provided by public-private
3200	partnerships or private entities to be reimbursed from
3201	department funds for the project as programmed in the adopted
3202	work program. The department shall by rule establish an
3203	application fee for the submission of unsolicited proposals
3204	under this section. The fee must be sufficient to pay the costs
3205	of evaluating the proposals. The department may engage the
3206	services of private consultants to assist in the evaluation.
3207	Before approval, the department must determine that the proposed
3208	project:
3209	(a)  Is in the public's best interest;
3210	(b)  Would not require state funds to be used unless the
3211	project is on the State Highway System; and
3212	(c)  Would have adequate safeguards in place to ensure that
3213	no additional costs or service disruptions would be realized by
3214	the traveling public and residents citizens of the state in the
3215	event of default or cancellation of the agreement by the
3216	department;.
3217	(d)  Would have adequate safeguards in place to ensure that
3218	the department or the private entity has the opportunity to add
3219	capacity to the proposed project and other transportation
3220	facilities serving similar origins and destinations; and
3221	(e)  Would be owned by the department upon completion or
3222	termination of the agreement.
3223
3224	The department shall ensure that all reasonable costs to the
3225	state, related to transportation facilities that are not part of
3226	the State Highway System, are borne by the private entity. The
3227	department shall also ensure that all reasonable costs to the
3228	state and substantially affected local governments and
3229	utilities, related to the private transportation facility, are
3230	borne by the private entity for transportation facilities that
3231	are owned by private entities. For projects on the State Highway
3232	System, the department may use state resources to participate in
3233	funding and financing the project as provided for under the
3234	department's enabling legislation.
3235	(2)  Agreements entered into pursuant to this section may
3236	authorize the private entity to impose tolls or fares for the
3237	use of the facility. The following provisions shall apply to
3238	such agreements: However, the amount and use of toll or fare
3239	revenues shall be regulated by the department to avoid
3240	unreasonable costs to users of the facility.
3241	(a)  With the exception of the Florida Turnpike System, the
3242	department may lease existing toll facilities through public-
3243	private partnerships. The public-private partnership agreement
3244	must ensure that the transportation facility is properly
3245	operated, maintained, and renewed in accordance with department
3246	standards.
3247	(b)  The department may develop new toll facilities or
3248	increase capacity on existing toll facilities through public-
3249	private partnerships. The public-private partnership agreement
3250	must ensure that the toll facility is properly operated,
3251	maintained, and renewed in accordance with department standards.
3252	(c)  Any toll revenues shall be regulated by the department
3253	pursuant to s. 338.165(3). The regulations governing the future
3254	increase of toll or fare revenues shall be included in the
3255	public-private partnership agreement.
3256	(d)  The department shall provide the analysis required in
3257	subsection (6)(e)2. of this section to the Legislative Budget
3258	Commission created pursuant to s. 11.90 for review and approval
3259	prior to awarding a contract on a lease of an existing toll
3260	facility.
3261	(e)  The department shall include provisions in the public-
3262	private partnership agreement that ensure a negotiated portion
3263	of revenues from tolled or fare generating projects are returned
3264	to the department over the life of the public-private
3265	partnership agreement. In the case of a lease of an existing
3266	toll facility, the department shall receive a portion of funds
3267	upon closing on the agreements and shall also include provisions
3268	in the agreement to receive payment of a portion of excess
3269	revenues over the life of the public-private partnership.
3270	(f)  The private entity shall provide an investment grade
3271	traffic and revenue study prepared by an internationally
3272	recognized traffic and revenue expert that is accepted by the
3273	national bond rating agencies. The private entity shall also
3274	provide a finance plan that identifies the project cost,
3275	revenues by source, financing, major assumptions, internal rate
3276	of return on private investments, and whether any government
3277	funds are assumed to deliver a cost feasible project, and a
3278	total cash flow analysis beginning with implementation of the
3279	project and extending for the term of the agreement.
3280	(3)  Each private transportation facility constructed
3281	pursuant to this section shall comply with all requirements of
3282	federal, state, and local laws; state, regional, and local
3283	comprehensive plans; department rules, policies, procedures, and
3284	standards for transportation facilities; and any other
3285	conditions which the department determines to be in the public's
3286	best interest.
3287	(4)  The department may exercise any power possessed by it,
3288	including eminent domain, with respect to the development and
3289	construction of state transportation projects to facilitate the
3290	development and construction of transportation projects pursuant
3291	to this section. The department may provide services to the
3292	private entity. Agreements for maintenance, law enforcement, and
3293	other services entered into pursuant to this section shall
3294	provide for full reimbursement for services rendered for
3295	projects not on the State Highway System.
3296	(5)  Except as herein provided, the provisions of this
3297	section are not intended to amend existing laws by granting
3298	additional powers to, or further restricting, local governmental
3299	entities from regulating and entering into cooperative
3300	arrangements with the private sector for the planning,
3301	construction, and operation of transportation facilities.
3302	(6)  The procurement of public-private partnerships by the
3303	department shall follow the provisions of this section. Sections
3304	337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
3305	337.185, 337.19, 337.221, and 337.251 shall not apply to
3306	procurements under this section unless a provision is included
3307	in the procurement documents. The department shall ensure that
3308	generally accepted business practices for exemptions provided by
3309	this subsection are part of the procurement process or are
3310	included in the public-private partnership agreement.
3311	(a)  The department may request proposals from private
3312	entities for public-private transportation projects or, if the
3313	department receives an unsolicited proposal, the department
3314	shall publish a notice in the Florida Administrative Weekly and
3315	a newspaper of general circulation at least once a week for 2
3316	weeks stating that the department has received the proposal and
3317	will accept, for 120 60 days after the initial date of
3318	publication, other proposals for the same project purpose. A
3319	copy of the notice must be mailed to each local government in
3320	the affected area.
3321	(b)  Public-private partnerships shall be qualified by the
3322	department as part of the procurement process as outlined in the
3323	procurement documents, provided such process ensures that the
3324	private firm meets at least the minimum department standards for
3325	qualification in department rule for professional engineering
3326	services and road and bridge contracting prior to submitting a
3327	proposal under the procurement.
3328	(c)  The department shall ensure that procurement documents
3329	include provisions for performance of the private entity and
3330	payment of subcontractors, including, but not limited to, surety
3331	bonds, letters of credit, parent company guarantees, and lender
3332	and equity partner guarantees. The department shall balance the
3333	structure of the security package for the public-private
3334	partnership that ensures performance and payment of
3335	subcontractors with the cost of the security to ensure the most
3336	efficient pricing.
3337	(d)  After the public notification period has expired, the
3338	department shall rank the proposals in order of preference. In
3339	ranking the proposals, the department may consider factors that
3340	include, including, but are not limited to, professional
3341	qualifications, general business terms, innovative engineering
3342	or cost-reduction terms, finance plans, and the need for state
3343	funds to deliver the project. If the department is not satisfied
3344	with the results of the negotiations, the department may, at its
3345	sole discretion, terminate negotiations with the proposer. If
3346	these negotiations are unsuccessful, the department may go to
3347	the second-ranked and lower-ranked firms, in order, using this
3348	same procedure. If only one proposal is received, the department
3349	may negotiate in good faith and, if the department is not
3350	satisfied with the results of the negotiations, the department
3351	may, at its sole discretion, terminate negotiations with the
3352	proposer. Notwithstanding this subsection, the department may,
3353	at its discretion, reject all proposals at any point in the
3354	process up to completion of a contract with the proposer.
3355	(e)  The department shall provide an independent analysis
3356	of the proposed public-private partnership that demonstrates the
3357	cost-effectiveness and overall public benefit at the following
3358	times:
3359	1.  Prior to moving forward with the procurement; and
3360	2.  If the procurement moves forward, prior to awarding the
3361	contract.
3362	(7)  The department may lend funds from the Toll Facilities
3363	Revolving Trust Fund, as outlined in s. 338.251, to private
3364	entities that construct projects on the State Highway System
3365	containing toll facilities that are approved under this section.
3366	To be eligible, a private entity must comply with s. 338.251 and
3367	must provide an indication from a nationally recognized rating
3368	agency that the senior bonds for the project will be investment
3369	grade, or must provide credit support such as a letter of credit
3370	or other means acceptable to the department, to ensure that the
3371	loans will be fully repaid. The state's liability for the
3372	funding of a facility is limited to the amount approved for that
3373	specific facility in the department's 5-year work program
3374	adopted pursuant to s. 339.135.
3375	(8)  The department may use innovative finance techniques
3376	associated with a public-private partnership under this section,
3377	including, but not limited to, federal loans as provided in
3378	Title 23 and Title 49 of the Code of Federal Regulations,
3379	commercial bank loans, and hedges against inflation from
3380	commercial banks or other private sources.
3381	(9)  The department may enter into public-private
3382	partnership agreements that include extended terms providing
3383	annual payments for performance based on the availability of
3384	service or the facility being open to traffic or based on the
3385	level of traffic using the facility. In addition to other
3386	provisions in this section, the following provisions shall
3387	apply:
3388	(a)  The annual payments under such agreement shall be
3389	included in the department's tentative work program developed
3390	under s. 339.135 and the long-range transportation plan for the
3391	applicable metropolitan planning organization developed under s.
3392	339.175. The department shall ensure that annual payments on
3393	multiyear public-private partnership agreements are prioritized
3394	ahead of new capacity projects in the development and updating
3395	of the tentative work program.
3396	(b)  The annual payments are subject to annual
3397	appropriation by the Legislature as provided in the General
3398	Appropriations Act in support of the first year of the tentative
3399	work program.
3400	(10)  The department shall provide a summary of new public-
3401	private partnership projects each year as part of the submittal
3402	of the Tentative Work Program pursuant to s. 339.135. This
3403	summary shall include identification of planned funding from the
3404	State Transportation Trust Fund beyond the 5-year Tentative Work
3405	Program period that are the public involvement process for
3406	project, including discussion of the planned use of future funds
3407	to deliver the project.
3408	(11)  Prior to entering such agreement where funds are
3409	committed from the State Transportation Trust Fund, the project
3410	must be prioritized as follows:
3411	(a)  The department, in coordination with the local
3412	metropolitan planning organization, shall prioritize projects
3413	included in the Strategic Intermodal System 10-year and long-
3414	range cost feasible plans.
3415	(b)  The department, in coordination with the local
3416	metropolitan planning organization or local government where
3417	there is no metropolitan planning organization, shall prioritize
3418	projects, for facilities not on the Strategic Intermodal System,
3419	included in the metropolitan planning organization cost feasible
3420	transportation improvement plan and long-range transportation
3421	plan.
3422	(12)  Public-private partnership agreements under this
3423	section shall be limited to a term not exceeding 50 years. Upon
3424	making written findings that an agreement under this section
3425	requires a term in excess of 50 years, the secretary of the
3426	department may authorize a term of up to 75 years. Agreements
3427	under this section shall not have a term in excess of 75 years
3428	unless specifically approved by the Legislature. The department
3429	shall identify each new project under this section with a term
3430	exceeding 75 years in the transmittal letter that accompanies
3431	the submittal of the tentative work program to the Governor and
3432	the Legislature in accordance with s. 339.135.
3433	(13)  The department shall ensure that no more than 15
3434	percent of total federal and state funding in any given year for
3435	the State Transportation Trust Fund shall be obligated
3436	collectively for all projects under this section.
3437	(8)  A fixed-guideway transportation system authorized by
3438	the department to be wholly or partially within the department's
3439	right-of-way pursuant to a lease granted under s. 337.251 may
3440	operate at any safe speed.
3441	Section 51.  Section 338.165, Florida Statutes, is amended
3442	to read:
3443	338.165  Continuation of tolls.--
3444	(1)  The department, any transportation or expressway
3445	authority or, in the absence of an authority, a county or
3446	counties may continue to collect the toll on a revenue-producing
3447	project after the discharge of any bond indebtedness related to
3448	such project and may increase such toll. All tolls so collected
3449	shall first be used to pay the annual cost of the operation,
3450	maintenance, and improvement of the toll project.
3451	(2)  If the revenue-producing project is on the State
3452	Highway System, any remaining toll revenue shall be used for the
3453	construction, maintenance, or improvement of any road on the
3454	State Highway System within the county or counties in which the
3455	revenue-producing project is located, except as provided in s.
3456	348.0004.
3457	(3)  Notwithstanding any other provision of law, the
3458	department including the turnpike enterprise shall index toll
3459	rates on existing toll facilities to the annual Consumer Price
3460	Index or similar inflation indicators. Toll rate adjustments for
3461	inflation under this subsection may be made no more frequently
3462	than once a year and must be made no less frequently than once
3463	every 5 years as necessary to accommodate cash toll rate
3464	schedules. Toll rates may be increased beyond these limits as
3465	directed by bond documents, covenants, or governing body
3466	authorization or pursuant to department administrative rule.
3467	(4)(3)  Notwithstanding any other law to the contrary,
3468	pursuant to s. 11, Art. VII of the State Constitution, and
3469	subject to the requirements of subsection (2), the Department of
3470	Transportation may request the Division of Bond Finance to issue
3471	bonds secured by toll revenues collected on the Alligator Alley,
3472	the Sunshine Skyway Bridge, the Beeline-East Expressway, the
3473	Navarre Bridge, and the Pinellas Bayway to fund transportation
3474	projects located within the county or counties in which the
3475	project is located and contained in the adopted work program of
3476	the department.
3477	(5)(4)  If the revenue-producing project is on the county
3478	road system, any remaining toll revenue shall be used for the
3479	construction, maintenance, or improvement of any other state or
3480	county road within the county or counties in which the revenue-
3481	producing project is located, except as provided in s. 348.0004.
3482	(6)(5)  Selection of projects on the State Highway System
3483	for construction, maintenance, or improvement with toll revenues
3484	shall be, with the concurrence of the department, consistent
3485	with the Florida Transportation Plan.
3486	(7)  With the exception of subsection (3), this section
3487	does not apply to the turnpike system as defined under the
3488	Florida Turnpike Enterprise Law.
3489	Section 52.  Section 338.234, Florida Statutes, is amended
3490	to read:
3491	338.234  Granting concessions or selling along the turnpike
3492	system; immunity from taxation.--
3493	(1)  The department may enter into contracts or licenses
3494	with any person for the sale of services or products or business
3495	opportunities on the turnpike system, or the turnpike enterprise
3496	may sell services, products, or business opportunities on the
3497	turnpike system, which benefit the traveling public or provide
3498	additional revenue to the turnpike system. Services, business
3499	opportunities, and products authorized to be sold include, but
3500	are not limited to, motor fuel, vehicle towing, and vehicle
3501	maintenance services; food with attendant nonalcoholic
3502	beverages; lodging, meeting rooms, and other business services
3503	opportunities; advertising and other promotional opportunities,
3504	which advertising and promotions must be consistent with the
3505	dignity and integrity of the state; state lottery tickets sold
3506	by authorized retailers; games and amusements that operate by
3507	the application of skill, not including games of chance as
3508	defined in s. 849.16 or other illegal gambling games; Florida
3509	citrus, goods promoting the state, or handmade goods produced
3510	within the state; and travel information, tickets, reservations,
3511	or other related services. However, the department, pursuant to
3512	the grants of authority to the turnpike enterprise under this
3513	section, shall not exercise the power of eminent domain solely
3514	for the purpose of acquiring real property in order to provide
3515	business services or opportunities, such as lodging and meeting-
3516	room space on the turnpike system.
3517	(2)  The effectuation of the authorized purposes of the
3518	Florida Intrastate Highway System and Florida Turnpike
3519	Enterprise, created under this chapter, is for the benefit of
3520	the people of the state, for the increase of their commerce and
3521	prosperity, and for the improvement of their health and living
3522	conditions and, because the system and enterprise perform
3523	essential government functions in effectuating such purposes,
3524	neither the turnpike enterprise nor any nongovernment lessee or
3525	licensee renting, leasing, or licensing real property from the
3526	turnpike enterprise, pursuant to an agreement authorized by this
3527	section are required to pay any commercial rental tax imposed
3528	under s. 212.031 on any capital improvements constructed,
3529	improved, acquired, installed, or used for such purposes.
3530	Section 53.  Paragraph (c) of subsection (4) of section
3531	348.0003, Florida Statutes, is amended to read:
3532	(4)
3533	(c)  Members of an authority shall be required to comply
3534	with the applicable financial disclosure requirements of s. 8,
3535	Art. II of the State Constitution ss. 112.3145, 112.3148, and
3536	112.3149.
3537	Section 54.  Subsection (9) of section 348.0004, Florida
3538	Statutes, is amended to read:
3539	348.0004  Purposes and powers.--
3540	(9)  The Legislature declares that there is a public need
3541	for the rapid construction of safe and efficient transportation
3542	facilities for traveling travel within the state and that it is
3543	in the public's interest to provide for public-private
3544	partnership agreements to effectuate the construction of
3545	additional safe, convenient, and economical transportation
3546	facilities.
3547	(a)  Notwithstanding any other provision of the Florida
3548	Expressway Authority Act, any expressway authority,
3549	transportation authority, bridge authority, or toll authority
3550	may receive or solicit proposals and enter into agreements with
3551	private entities, or consortia thereof, for the building,
3552	operation, ownership, or financing of expressway authority
3553	transportation facilities or new transportation facilities
3554	within the jurisdiction of the expressway authority which
3555	increase transportation capacity. An authority may not sell or
3556	lease any transportation facility owned by the authority,
3557	without providing the analysis required in s. 334.30(6)(e)2. to
3558	the Legislative Budget Commission created pursuant to s. 11.90
3559	for review and approval prior to awarding a contract on a lease
3560	of an existing toll facility. An expressway authority is
3561	authorized to adopt rules to implement this subsection and
3562	shall, by rule, establish an application fee for the submission
3563	of unsolicited proposals under this subsection. The fee must be
3564	sufficient to pay the costs of evaluating the proposals. An
3565	expressway authority may engage private consultants to assist in
3566	the evaluation. Before approval, an expressway authority must
3567	determine that a proposed project:
3568	1.  Is in the public's best interest.
3569	2.  Would not require state funds to be used unless the
3570	project is on or provides increased mobility on the State
3571	Highway System.
3572	3.  Would have adequate safeguards to ensure that no
3573	additional costs or service disruptions would be realized by the
3574	traveling public and residents citizens of the state in the
3575	event of default or the cancellation of the agreement by the
3576	expressway authority.
3577	4.  Would have adequate safeguards in place to ensure that
3578	the department, the authority, or the private entity has the
3579	opportunity to add capacity to the proposed project and other
3580	transportation facilities serving similar origins and
3581	destinations.
3582	5.  Would be owned by the authority upon completion or
3583	termination of the agreement.
3584	(b)  An expressway authority shall ensure that all
3585	reasonable costs to the state which are, related to
3586	transportation facilities that are not part of the State Highway
3587	System, are borne by the private entity. An expressway authority
3588	shall also ensure that all reasonable costs to the state and
3589	substantially affected local governments and utilities related
3590	to the private transportation facility are borne by the private
3591	entity for transportation facilities that are owned by private
3592	entities. For projects on the State Highway System, the
3593	department may use state resources to participate in funding and
3594	financing the project as provided for under the department's
3595	enabling legislation.
3596	(c)  The expressway authority may request proposals for
3597	public-private transportation projects or, if it receives an
3598	unsolicited proposal, it must publish a notice in the Florida
3599	Administrative Weekly and a newspaper of general circulation in
3600	the county in which it is located at least once a week for 2
3601	weeks, stating that it has received the proposal and will
3602	accept, for 60 days after the initial date of publication, other
3603	proposals for the same project purpose. A copy of the notice
3604	must be mailed to each local government in the affected areas.
3605	After the public notification period has expired, the expressway
3606	authority shall rank the proposals in order of preference. In
3607	ranking the proposals, the expressway authority shall consider
3608	professional qualifications, general business terms, innovative
3609	engineering or cost-reduction terms, finance plans, and the need
3610	for state funds to deliver the proposal. If the expressway
3611	authority is not satisfied with the results of the negotiations,
3612	it may, at its sole discretion, terminate negotiations with the
3613	proposer. If these negotiations are unsuccessful, the expressway
3614	authority may go to the second and lower-ranked firms, in order,
3615	using the same procedure. If only one proposal is received, the
3616	expressway authority may negotiate in good faith, and if it is
3617	not satisfied with the results, it may, at its sole discretion,
3618	terminate negotiations with the proposer. Notwithstanding this
3619	paragraph, The expressway authority may, at its discretion,
3620	reject all proposals at any point in the process up to
3621	completion of a contract with the proposer.
3622	(d)  The department may lend funds from the Toll Facilities
3623	Revolving Trust Fund, as outlined in s. 338.251, to public-
3624	private partnerships. To be eligible a private entity must
3625	comply with s. 338.251 and must provide an indication from a
3626	nationally recognized rating agency that the senior bonds for
3627	the project will be investment grade or must provide credit
3628	support, such as a letter of credit or other means acceptable to
3629	the department, to ensure that the loans will be fully repaid.
3630	(e)  Agreements entered into pursuant to this subsection
3631	may authorize the public-private entity to impose tolls or fares
3632	for the use of the facility. However, the amount and use of toll
3633	or fare revenues shall be regulated by the expressway authority
3634	to avoid unreasonable costs to users of the facility.
3635	(f)  Each public-private transportation facility
3636	constructed pursuant to this subsection shall comply with all
3637	requirements of federal, state, and local laws; state, regional,
3638	and local comprehensive plans; the expressway authority's rules,
3639	policies, procedures, and standards for transportation
3640	facilities; and any other conditions that the expressway
3641	authority determines to be in the public's best interest.
3642	(g)  An expressway authority may exercise any power
3643	possessed by it, including eminent domain, to facilitate the
3644	development and construction of transportation projects pursuant
3645	to this subsection. An expressway authority may pay all or part
3646	of the cost of operating and maintaining the facility or may
3647	provide services to the private entity for which it receives
3648	full or partial reimbursement for services rendered.
3649	(h)  Except as herein provided, this subsection is not
3650	intended to amend existing laws by granting additional powers to
3651	or further restricting the governmental entities from regulating
3652	and entering into cooperative arrangements with the private
3653	sector for the planning, construction, and operation of
3654	transportation facilities. Use of the powers granted in this
3655	subsection do not subject a statutorily created expressway
3656	authority, transportation authority, bridge authority, or toll
3657	authority, other than one created under this part, to any of the
3658	requirements of this part other than those contained in this
3659	subsection.
3660	Section 55.  Section 348.0012, Florida Statutes, is amended
3661	to read:
3662	348.0012  Exemptions from applicability.--The Florida
3663	Expressway Authority Act does not apply:
3664	(1)  In a county in which an expressway authority has been
3665	created pursuant to parts II-IX of this chapter, except as
3666	expressly provided in this part; or
3667	(2)  To a transportation authority created pursuant to
3668	chapter 349.
3669	Section 56.  Subsection (6) is added to section 348.754,
3670	Florida Statutes, to read:
3671	348.754  Purposes and powers.--
3672	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
3673	County Expressway Authority may waive payment and performance
3674	bonds on construction contracts for the construction of a public
3675	building, for the prosecution and completion of a public work,
3676	or for repairs on a public building or public work that has a
3677	cost of $500,000 or less and when the project is awarded
3678	pursuant to an economic development program for the
3679	encouragement of local small businesses that has been adopted by
3680	the governing body of the Orlando-Orange County Expressway
3681	Authority pursuant to a resolution or policy.
3682	(b)  The authority's adopted criteria for participation in
3683	the economic development program for local small businesses
3684	requires that a participant:
3685	1.  Be an independent business.
3686	2.  Be principally domiciled in the Orange County Standard
3687	Metropolitan Statistical Area.
3688	3.  Employ 25 or fewer full-time employees.
3689	4.  Have gross annual sales averaging $3 million or less
3690	over the immediately preceding 3 calendar years with regard to
3691	any construction element of the program.
3692	5.  Be accepted as a participant in the Orlando-Orange
3693	County Expressway Authority's microcontracts program or such
3694	other small business program as may be hereinafter enacted by
3695	the Orlando-Orange County Expressway Authority.
3696	6.  Participate in an educational curriculum or technical
3697	assistance program for business development that will assist the
3698	small business in becoming eligible for bonding.
3699	(c)  The authority's adopted procedures for waiving payment
3700	and performance bonds on projects with values not less than
3701	$200,000 and not exceeding $500,000 shall provide that payment
3702	and performance bonds may only be waived on projects that have
3703	been set aside to be competitively bid on by participants in an
3704	economic development program for local small businesses. The
3705	authority's executive director or his or her designee shall
3706	determine whether specific construction projects are suitable
3707	for:
3708	1.  Bidding under the authority's microcontracts program by
3709	registered local small businesses; and
3710	2.  Waiver of the payment and performance bond.
3711
3712	The decision of the authority's executive director or deputy
3713	executive director to waive the payment and performance bond
3714	shall be based upon his or her investigation and conclusion that
3715	there exists sufficient competition so that the authority
3716	receives a fair price and does not undertake any unusual risk
3717	with respect to such project.
3718	(d)  For any contract for which a payment and performance
3719	bond has been waived pursuant to the authority set forth in this
3720	section, the Orlando-Orange County Expressway Authority shall
3721	pay all persons defined in s. 713.01 who furnish labor,
3722	services, or materials for the prosecution of the work provided
3723	for in the contract to the same extent and upon the same
3724	conditions that a surety on the payment bond under s. 255.05
3725	would have been obligated to pay such persons if the payment and
3726	performance bond had not been waived. The authority shall record
3727	notice of this obligation in the manner and location that surety
3728	bonds are recorded. The notice shall include the information
3729	describing the contract that s. 255.05(1) requires be stated on
3730	the front page of the bond. Notwithstanding that s. 255.05(9)
3731	generally applies when a performance and payment bond is
3732	required, s. 255.05(9) shall apply under this subsection to any
3733	contract on which performance or payment bonds are waived and
3734	any claim to payment under this subsection shall be treated as a
3735	contract claim pursuant to s. 255.05(9).
3736	(e)  A small business that has been the successful bidder
3737	on six projects for which the payment and performance bond was
3738	waived by the authority pursuant to paragraph (a) shall be
3739	ineligible to bid on additional projects for which the payment
3740	and performance bond is to be waived. The local small business
3741	may continue to participate in other elements of the economic
3742	development program for local small businesses as long as it is
3743	eligible.
3744	(f)  The authority shall conduct bond eligibility training
3745	for businesses qualifying for bond waiver under this subsection
3746	to encourage and promote bond eligibility for such businesses.
3747	(g)  The authority shall prepare a biennial report on the
3748	activities undertaken pursuant to this subsection to be
3749	submitted to the Orange County legislative delegation. The
3750	initial report shall be due December 31, 2010.
3751	Section 57.  Paragraph (a) of subsection (3) of section
3752	163.3177, Florida Statutes, is amended to read:
3753	163.3177  Required and optional elements of comprehensive
3754	plan; studies and surveys.--
3755	(3)(a)  The comprehensive plan shall contain a capital
3756	improvements element designed to consider the need for and the
3757	location of public facilities in order to encourage the
3758	efficient utilization of such facilities and set forth:
3759	1.  A component which outlines principles for construction,
3760	extension, or increase in capacity of public facilities, as well
3761	as a component which outlines principles for correcting existing
3762	public facility deficiencies, which are necessary to implement
3763	the comprehensive plan. The components shall cover at least a 5-
3764	year period.
3765	2.  Estimated public facility costs, including a
3766	delineation of when facilities will be needed, the general
3767	location of the facilities, and projected revenue sources to
3768	fund the facilities.
3769	3.  Standards to ensure the availability of public
3770	facilities and the adequacy of those facilities including
3771	acceptable levels of service.
3772	4.  Standards for the management of debt.
3773	5.  A schedule of capital improvements which includes
3774	publicly funded projects, and which may include privately funded
3775	projects for which the local government has no fiscal
3776	responsibility, necessary to ensure that adopted level-of-
3777	service standards are achieved and maintained. For capital
3778	improvements that will be funded by the developer, financial
3779	feasibility shall be demonstrated by being guaranteed in an
3780	enforceable development agreement or interlocal agreement
3781	pursuant to paragraph (10)(h), or other enforceable agreement.
3782	These development agreements and interlocal agreements shall be
3783	reflected in the schedule of capital improvements if the capital
3784	improvement is necessary to serve development within the 5-year
3785	schedule. If the local government uses planned revenue sources
3786	that require referenda or other actions to secure the revenue
3787	source, the plan must, in the event the referenda are not passed
3788	or actions do not secure the planned revenue source, identify
3789	other existing revenue sources that will be used to fund the
3790	capital projects or otherwise amend the plan to ensure financial
3791	feasibility.
3792	6.  The schedule must include transportation improvements
3793	included in the applicable metropolitan planning organization's
3794	transportation improvement program adopted pursuant to s.
3795	339.175(8)(7) to the extent that such improvements are relied
3796	upon to ensure concurrency and financial feasibility. The
3797	schedule must also be coordinated with the applicable
3798	metropolitan planning organization's long-range transportation
3799	plan adopted pursuant to s. 339.175(7)(6).
3800	Section 58.  Section 339.176, Florida Statutes, is amended
3801	to read:
3802	339.176  Voting membership for M.P.O. with boundaries
3803	including certain counties.--In addition to the voting
3804	membership established by s. 339.175(3)(2) and notwithstanding
3805	any other provision of law to the contrary, the voting
3806	membership of any Metropolitan Planning Organization whose
3807	geographical boundaries include any county as defined in s.
3808	125.011(1) must include an additional voting member appointed by
3809	that city's governing body for each city with a population of
3810	50,000 or more residents.
3811	Section 59.  Subsection (1) of section 341.828, Florida
3812	Statutes, is amended to read:
3813	341.828  Permitting.--
3814	(1)  The authority, for the purposes of permitting, may
3815	utilize one or more permitting processes provided for in
3816	statute, including, but not limited to, the metropolitan
3817	planning organization long-range transportation planning process
3818	as defined in s. 339.175(6) and (7) and (8), in conjunction with
3819	the Department of Transportation's work program process as
3820	defined in s. 339.135, or any permitting process now in effect
3821	or that may be in effect at the time of permitting and will
3822	provide the most timely and cost-effective permitting process.
3823	Section 60.  Section 2 of chapter 89-383, Laws of Florida,
3824	is amended to read:
3825	Section 2.  Red Road is hereby designated as a state
3826	historic highway. No public funds shall be expended for:
3827	(1)  The removal of any healthy tree which is not a safety
3828	hazard.
3829	(2)  Any alteration of the physical dimensions or location
3830	of Red Road, the median strip thereof, the land adjacent
3831	thereto, or any part of the original composition of the
3832	entranceway, including the towers, the walls, and the lampposts.
3833	(3)  Any construction on or along Red Road of any new
3834	structure, or any building, clearing, filling, or excavating on
3835	or along Red Road except for routine maintenance or alterations,
3836	modifications, or improvements to it and the adjacent right-of-
3837	way made for the purpose of enhancing life safety for vehicular
3838	or pedestrian use of Red Road if the number of traffic lanes is
3839	not altered work which is essential to the health, safety, or
3840	welfare of the environment.
3841	Section 61.  Subsection (27) is added to section 479.01,
3842	Florida Statutes, to read:
3843	479.01  Definitions.--As used in this chapter, the term:
3844	(27)  "Wall mural" means a sign that is a painting or an
3845	artistic work composed of photographs or arrangements of color
3846	and that displays a commercial or noncommercial message, relies
3847	solely on the side of the building for rigid structural support,
3848	and is painted on the building or depicted on vinyl, fabric, or
3849	other similarly flexible material that is held in place flush or
3850	flat against the surface of the building. The term excludes a
3851	painting or work placed on a structure that is erected for the
3852	sole or primary purpose of signage.
3853	Section 62.  Section 479.156, Florida Statutes, is created
3854	to read:
3855	479.156  Wall murals.--Notwithstanding any other provision
3856	of this chapter, a municipality or county may permit and
3857	regulate wall murals within areas designated by such government.
3858	If a municipality or county permits wall murals, a wall mural
3859	that displays a commercial message and is within 660 feet of the
3860	nearest edge of the right-of-way within an area adjacent to the
3861	interstate highway system or the federal-aid primary highway
3862	system shall be located in an area that is zoned for industrial
3863	or commercial use and the municipality or county shall establish
3864	and enforce regulations for such areas that, at a minimum, set
3865	forth criteria governing the size, lighting, and spacing of wall
3866	murals consistent with the intent of the Highway Beautification
3867	Act of 1965 and with customary use. A wall mural that is subject
3868	to municipal or county regulation and the Highway Beautification
3869	Act of 1965 must be approved by the Department of Transportation
3870	and the Federal Highway Administration and may not violate the
3871	agreement between the state and the United States Department of
3872	Transportation or violate federal regulations enforced by the
3873	Department of Transportation under s. 479.02(1). The existence
3874	of a wall mural as defined in s. 479.01(27) shall not be
3875	considered in determining whether a sign as defined in s.
3876	479.01(17), either existing or new, is in compliance with s.
3877	479.07(9)(a).
3878	Section 63.  Section 316.1951, Florida Statutes, is amended
3879	to read:
3880	316.1951  Parking for certain purposes prohibited; sale of
3881	motor vehicles; prohibited acts.--
3882	(1)  It is unlawful for any person to park a motor vehicle,
3883	as defined in s. 320.01, for a continuous period in excess of 24
3884	hours, after written notice, upon a public street or highway,
3885	upon a public parking lot, or other public property, or upon
3886	private property where the public has the right to travel by
3887	motor vehicle, for the principal purpose and intent of
3888	displaying the motor vehicle thereon for sale, hire, or rental
3889	unless the sale, hire, or rental of the motor vehicle is
3890	specifically authorized on such property by municipal or county
3891	regulation and the person is duly licensed as a motor vehicle
3892	dealer in accordance with s. 320.27, and the person is in
3893	compliance with all municipal or county licensing regulations.
3894	(2)  The provisions of subsection (1) do not prohibit a
3895	person from parking his or her own motor vehicle or his or her
3896	other personal property on any private real property which the
3897	person owns or leases or on private real property which the
3898	person does not own or lease, but for which he or she obtains
3899	the permission of the owner, or on the public street immediately
3900	adjacent thereto, for the principal purpose and intent of sale,
3901	hire, or rental.
3902	(3)  Subsection (1) does not prohibit a licensed motor
3903	vehicle dealer from displaying for sale or offering for sale
3904	motor vehicles at locations other than the dealer's licensed
3905	location if the dealer has been issued a supplemental license
3906	for off-premises sales, as provided in s. 320.27(5), and has
3907	complied with the requirements in subsection (1). A vehicle
3908	displayed for sale by a licensed dealer at any location other
3909	than the dealer's licensed location is subject to immediate
3910	removal without warning.
3911	(4)(3)  The Department of Highway Safety and Motor Vehicles
3912	shall adopt by rule a uniform written notice to be used to
3913	enforce this section. Each law enforcement agency in this state
3914	shall provide, at each agency's expense, the notice forms
3915	necessary to enforce this section.
3916	(5)(4)  A law enforcement officer, compliance officer
3917	examiner, license inspector, or supervisor of the department may
3918	cause to be removed at the owner's expense any motor vehicle
3919	found upon a public street, public parking lot, other public
3920	property, or private property, where the public has the right to
3921	travel by motor vehicle, which is in violation of subsection
3922	(1), which has been parked in one location for more than 24
3923	hours after a written notice has been issued. Every written
3924	notice issued pursuant to this section shall be affixed in a
3925	conspicuous place upon a vehicle by a law enforcement officer,
3926	compliance officer examiner, license inspector, or supervisor of
3927	the department. Any vehicle found in violation of subsection (1)
3928	within 30 10 days after a previous violation and written notice
3929	is shall be subject to immediate removal without an additional
3930	waiting period.
3931	(6)  It is unlawful to offer a vehicle for sale if the
3932	vehicle identification number has been destroyed, removed,
3933	covered, altered, or defaced, as described in s. 319.33(1)(d). A
3934	vehicle found in violation of this subsection is subject to
3935	immediate removal without warning.
3936	(7)  It is unlawful to knowingly attach to any motor
3937	vehicle a registration that was not assigned or lawfully
3938	transferred to the vehicle pursuant to s. 320.261. A vehicle
3939	found in violation of this subsection is subject to immediate
3940	removal without warning.
3941	(8)  It is unlawful to display or offer for sale a vehicle
3942	that does not have a valid registration as provided in s.
3943	320.02. A vehicle found in violation of this subsection is
3944	subject to immediate removal without warning. This subsection
3945	does not apply to vehicles and recreational vehicles being
3946	offered for sale through motor vehicle auctions as defined in s.
3947	320.27(1)(c)4.
3948	(9)  A vehicle is subject to immediate removal without
3949	warning if it bears a telephone number that has been displayed
3950	on three or more vehicles offered for sale within a 12-month
3951	period.
3952	(10)(5)  Any other provision of law to the contrary
3953	notwithstanding, a violation of subsection (1) shall subject the
3954	owner of such motor vehicle to towing fees reasonably
3955	necessitated by removal and storage of the motor vehicle.
3956	(11)(6)  This section does not prohibit the governing body
3957	of a municipality or county, with respect to streets, highways,
3958	or other property under its jurisdiction, from regulating the
3959	parking of motor vehicles for any purpose.
3960	(12)(7)  A violation of this section is a noncriminal
3961	traffic infraction, punishable as a nonmoving violation as
3962	provided in chapter 318, unless otherwise mandated by general
3963	law.
3964	Section 64.  The Department of Management Services is
3965	appropriated spending authority for Fixed Capital Outlay funds
3966	up to $33.5 million to issue bonds for the site development and
3967	construction of a First District Court of Appeals facility on a
3968	portion of parcel 3 at Capital Circle Office Center. Bond
3969	proceeds will be placed in the Public Facilities Financing Trust
3970	Fund. The buildings must be constructed using Leadership in
3971	Energy and Environmental Design standards for construction.
3972	Section 65.  This act shall take effect July 1, 2007.

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