Florida Senate - 2015 SB 1186
By Senator Brandes
22-00712A-15 20151186__
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 260.0144, F.S.; providing that certain commercial
4 sponsorship may be displayed on state greenway and
5 trail facilities not included within the Shared-Use
6 Nonmotorized Trail Network; deleting provisions
7 relating to the authorization of sponsored state
8 greenways and trails at specified facilities or
9 property; amending s. 316.003, F.S.; making technical
10 changes; amending s. 316.303, F.S.; providing
11 exceptions to the prohibition of certain television
12 type receiving equipment and certain electronic
13 displays in vehicles; amending s. 335.065, F.S.;
14 deleting provisions relating to certain commercial
15 sponsorship displays on multiuse trails and related
16 facilities; deleting provisions relating to funding a
17 statewide system of interconnected multiuse trails;
18 creating s. 335.21, F.S.; requiring the governing body
19 of any independent special district created to
20 regulate the operation of public vehicles on public
21 highways to consist of a certain number of members;
22 providing appointment requirements for such members;
23 amending s. 338.231, F.S.; deleting provisions
24 relating to using the revenues from the turnpike
25 system to pay the principal and interest of a
26 specified series of bonds and certain expenses of the
27 Sawgrass Expressway; amending s. 339.175, F.S.;
28 requiring certain long-range transportation plans to
29 include assessment of capital investment and other
30 measures necessary to make the most efficient use of
31 existing transportation facilities to improve safety;
32 requiring the assessments to include consideration of
33 infrastructure and technological improvements
34 necessary to accommodate advances in vehicle
35 technology; amending s. 339.64, F.S.; requiring the
36 Department of Transportation to coordinate with
37 certain partners and industry representatives to
38 consider infrastructure and technological improvements
39 necessary to accommodate advances in vehicle
40 technology in Strategic Intermodal System facilities;
41 requiring the Strategic Intermodal System Plan to
42 include a needs assessment regarding such
43 infrastructure and technological improvements;
44 creating s. 339.81, F.S.; creating the Florida Shared
45 Use Nonmotorized Trail Network; specifying the
46 composition, purpose, and requirements of the network;
47 authorizing the department certain powers related to
48 planning, development, operation, and maintenance of
49 the network; creating s. 339.82, F.S.; requiring the
50 department to develop a Shared-Use Nonmotorized Trail
51 Network Plan; creating s. 339.83, F.S.; creating a
52 trail sponsorship program, subject to certain
53 requirements and restrictions; repealing s. 341.0532,
54 F.S., relating to statewide transportation corridors;
55 creating s. 341.1025, F.S.; authorizing a public
56 transit provider to enter into agreements with a
57 transportation network company for the provision of
58 certain transit services; defining the term
59 “transportation network company”; providing a
60 directive to the Division of Law Revision and
61 Information; creating s. 345.0001, F.S.; providing a
62 short title; creating s. 345.0002, F.S.; defining
63 terms; creating s. 345.0003, F.S.; authorizing certain
64 counties to form the Northwest Florida Regional
65 Transportation Finance Authority to construct,
66 maintain, or operate transportation projects in a
67 given region of the state; specifying procedural
68 requirements; creating s. 345.0004, F.S.; specifying
69 the powers and duties of the authority, subject to
70 certain restrictions; requiring that the authority
71 comply with certain reporting and documentation
72 requirements; creating s. 345.0005, F.S.; authorizing
73 the issuing of bonds on behalf of the authority under
74 the State Bond Act and by the authority itself;
75 specifying requirements and restrictions for such
76 bonds under certain circumstances; creating s.
77 345.0006, F.S.; providing rights and remedies of
78 bondholders; creating s. 345.0007, F.S.; designating
79 the Department of Transportation as the agent of the
80 authority for specified purposes; authorizing the
81 administration and management of projects by the
82 department; limiting the powers of the department as
83 an agent; establishing the fiscal responsibilities of
84 the authority; creating s. 345.0008, F.S.; authorizing
85 the department to provide for or commit its resources
86 for the authority project or system, if approved by
87 the Legislature, subject to legislative budget request
88 procedures and prohibitions and appropriation
89 procedures; authorizing the payment of expenses
90 incurred by the department on behalf of the authority;
91 requiring the department to receive a share of the
92 revenue from the authority; providing calculations for
93 disbursement of revenues; creating s. 345.0009, F.S.;
94 authorizing the authority to acquire private or public
95 property and property rights for a project or plan;
96 establishing the rights and liabilities and remedial
97 actions relating to property acquired for a
98 transportation project or corridor; creating s.
99 345.001, F.S.; authorizing contracts between
100 governmental entities and the authority; creating s.
101 345.0011, F.S.; pledging that the state will not limit
102 or alter the vested rights of the authority or the
103 department with regard to any issued bonds or other
104 rights relating to the bonds if they affect the rights
105 of bondholders; creating s. 345.0012, F.S.; exempting
106 the authority from certain taxes and assessments;
107 providing exceptions; creating s. 345.0013, F.S.;
108 providing that bonds or obligations issued under this
109 chapter are legal investments for specified entities;
110 creating s. 345.0014, F.S.; providing applicability;
111 directing the Commission for the Transportation
112 Disadvantaged, in cooperation with the Center for
113 Urban Transportation Research, to develop and
114 implement a pilot program with at least one community
115 transportation coordinator relating to the use of a
116 transportation network company as a transportation
117 operator; defining the term “transportation network
118 company”; specifying requirements and restrictions of
119 the pilot program; requiring the commission to present
120 a report to the chairs of the appropriate Senate and
121 House committees by a certain date; providing
122 legislative findings and intent relating to
123 transportation funding; directing the Center for Urban
124 Transportation Research to establish a study on
125 implementing a system in this state which charges
126 drivers based on their vehicle miles traveled as an
127 alternative to the present fuel tax structure to fund
128 transportation projects; specifying requirements of
129 the study; directing the Center for Urban
130 Transportation Research to conduct a 6-month pilot
131 project to study the feasibility and economic impact
132 of implementing a system that charges drivers based on
133 their vehicle miles traveled; specifying requirements
134 for the pilot project; requiring that a report on the
135 findings of the pilot project be made to the Governor,
136 the Legislature, and the Metropolitan Planning
137 Organization Advisory Council by a specified date;
138 requiring that the report include legislative
139 recommendations; providing an effective date.
140
141 Be It Enacted by the Legislature of the State of Florida:
142
143 Section 1. Section 260.0144, Florida Statutes, is amended
144 to read:
145 260.0144 Sponsorship of state greenways and trails.—The
146 department may enter into a concession agreement with a not-for
147 profit entity or private sector business or entity for
148 commercial sponsorship to be displayed on state greenway and
149 trail facilities not included within the Shared-Use Nonmotorized
150 Trail Network established in chapter 339 or property specified
151 in this section. The department may establish the cost for
152 entering into a concession agreement.
153 (1) A concession agreement shall be administered by the
154 department and must include the requirements found in this
155 section.
156 (2)(a) Space for a commercial sponsorship display may be
157 provided through a concession agreement on certain state-owned
158 greenway or trail facilities or property.
159 (b) Signage or displays erected under this section shall
160 comply with the provisions of s. 337.407 and chapter 479, and
161 shall be limited as follows:
162 1. One large sign or display, not to exceed 16 square feet
163 in area, may be located at each trailhead or parking area.
164 2. One small sign or display, not to exceed 4 square feet
165 in area, may be located at each designated trail public access
166 point.
167 (c) Before installation, each name or sponsorship display
168 must be approved by the department.
169 (d) The department shall ensure that the size, color,
170 materials, construction, and location of all signs are
171 consistent with the management plan for the property and the
172 standards of the department, do not intrude on natural and
173 historic settings, and contain only a logo selected by the
174 sponsor and the following sponsorship wording:
175
176 ...(Name of the sponsor)... proudly sponsors the costs
177 of maintaining the ...(Name of the greenway or
178 trail)....
179
180 (e) Sponsored state greenways and trails are authorized at
181 the following facilities or property:
182 1. Florida Keys Overseas Heritage Trail.
183 2. Blackwater Heritage Trail.
184 3. Tallahassee-St. Marks Historic Railroad State Trail.
185 4. Nature Coast State Trail.
186 5. Withlacoochee State Trail.
187 6. General James A. Van Fleet State Trail.
188 7. Palatka-Lake Butler State Trail.
189 (e)(f) The department may enter into commercial sponsorship
190 agreements for other state greenways or trails as authorized in
191 this section. A qualified entity that desires to enter into a
192 commercial sponsorship agreement shall apply to the department
193 on forms adopted by department rule.
194 (f)(g) All costs of a display, including development,
195 construction, installation, operation, maintenance, and removal
196 costs, shall be paid by the concessionaire.
197 (3) A concession agreement shall be for a minimum of 1
198 year, but may be for a longer period under a multiyear
199 agreement, and may be terminated for just cause by the
200 department upon 60 days’ advance notice. Just cause for
201 termination of a concession agreement includes, but is not
202 limited to, violation of the terms of the concession agreement
203 or any provision of this section.
204 (4) Commercial sponsorship pursuant to a concession
205 agreement is for public relations or advertising purposes of the
206 not-for-profit entity or private sector business or entity, and
207 may not be construed by that not-for-profit entity or private
208 sector business or entity as having a relationship to any other
209 actions of the department.
210 (5) This section does not create a proprietary or
211 compensable interest in any sign, display site, or location.
212 (6) Proceeds from concession agreements shall be
213 distributed as follows:
214 (a) Eighty-five percent shall be deposited into the
215 appropriate department trust fund that is the source of funding
216 for management and operation of state greenway and trail
217 facilities and properties.
218 (b) Fifteen percent shall be deposited into the State
219 Transportation Trust Fund for use in the Traffic and Bicycle
220 Safety Education Program and the Safe Paths to School Program
221 administered by the Department of Transportation.
222 (7) The department may adopt rules to administer this
223 section.
224 Section 2. Subsection (90) of section 316.003, Florida
225 Statutes, is amended, present subsections (91) through (93) of
226 that section are redesignated as subsections (92) through (94),
227 respectively, and a new subsection (91) is added to that
228 section, to read:
229 316.003 Definitions.—The following words and phrases, when
230 used in this chapter, shall have the meanings respectively
231 ascribed to them in this section, except where the context
232 otherwise requires:
233 (90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
234 autonomous technology. The term “autonomous technology” means
235 technology installed on a motor vehicle that has the capability
236 to drive the vehicle on which the technology is installed
237 without the active control or monitoring by a human operator.
238 The term excludes a motor vehicle enabled with active safety
239 systems or driver assistance systems, including, without
240 limitation, a system to provide electronic blind spot
241 assistance, crash avoidance, emergency braking, parking
242 assistance, adaptive cruise control, lane keep assistance, lane
243 departure warning, or traffic jam and queuing assistant, unless
244 any such system alone or in combination with other systems
245 enables the vehicle on which the technology is installed to
246 drive without the active control or monitoring by a human
247 operator.
248 (91) AUTONOMOUS TECHNOLOGY.—Technology installed on a motor
249 vehicle that has the capability to drive the vehicle on which
250 the technology is installed without the active control or
251 monitoring by a human operator.
252 Section 3. Subsections (1) and (3) of section 316.303,
253 Florida Statutes, are amended to read:
254 316.303 Television receivers.—
255 (1) No motor vehicle operated on the highways of this state
256 shall be equipped with television-type receiving equipment so
257 located that the viewer or screen is visible from the driver’s
258 seat, unless the vehicle is equipped with autonomous technology,
259 as defined in s. 316.003(91), and is being operated in
260 autonomous mode, as provided in s. 316.85(2).
261 (3) This section does not prohibit the use of an electronic
262 display used in conjunction with a vehicle navigation system or
263 an electronic display used by an operator of a vehicle equipped
264 with autonomous technology, as defined in s. 316.003(91), while
265 the vehicle is being operated in autonomous mode, as provided in
266 s. 316.85(2).
267 Section 4. Subsections (3) and (4) of section 335.065,
268 Florida Statutes, are amended to read:
269 335.065 Bicycle and pedestrian ways along state roads and
270 transportation facilities.—
271 (3) The department, in cooperation with the Department of
272 Environmental Protection, shall establish a statewide integrated
273 system of bicycle and pedestrian ways in such a manner as to
274 take full advantage of any such ways which are maintained by any
275 governmental entity. The department may enter into a concession
276 agreement with a not-for-profit entity or private sector
277 business or entity for commercial sponsorship displays on
278 multiuse trails and related facilities and use any concession
279 agreement revenues for the maintenance of the multiuse trails
280 and related facilities. Commercial sponsorship displays are
281 subject to the requirements of the Highway Beautification Act of
282 1965 and all federal laws and agreements, when applicable. For
283 the purposes of this section, bicycle facilities may be
284 established as part of or separate from the actual roadway and
285 may utilize existing road rights-of-way or other rights-of-way
286 or easements acquired for public use.
287 (a) A concession agreement shall be administered by the
288 department and must include the requirements of this section.
289 (b)1. Signage or displays erected under this section shall
290 comply with s. 337.407 and chapter 479 and shall be limited as
291 follows:
292 a. One large sign or display, not to exceed 16 square feet
293 in area, may be located at each trailhead or parking area.
294 b. One small sign or display, not to exceed 4 square feet
295 in area, may be located at each designated trail public access
296 point.
297 2. Before installation, each name or sponsorship display
298 must be approved by the department.
299 3. The department shall ensure that the size, color,
300 materials, construction, and location of all signs are
301 consistent with the management plan for the property and the
302 standards of the department, do not intrude on natural and
303 historic settings, and contain only a logo selected by the
304 sponsor and the following sponsorship wording:
305
306 ...(Name of the sponsor)... proudly sponsors the costs
307 of maintaining the ...(Name of the greenway or
308 trail)....
309
310 4. All costs of a display, including development,
311 construction, installation, operation, maintenance, and removal
312 costs, shall be paid by the concessionaire.
313 (c) A concession agreement shall be for a minimum of 1
314 year, but may be for a longer period under a multiyear
315 agreement, and may be terminated for just cause by the
316 department upon 60 days’ advance notice. Just cause for
317 termination of a concession agreement includes, but is not
318 limited to, violation of the terms of the concession agreement
319 or this section.
320 (4)(a) The department may use appropriated funds to support
321 the establishment of a statewide system of interconnected
322 multiuse trails and to pay the costs of planning, land
323 acquisition, design, and construction of such trails and related
324 facilities. The department shall give funding priority to
325 projects that:
326 1. Are identified by the Florida Greenways and Trails
327 Council as a priority within the Florida Greenways and Trails
328 System under chapter 260.
329 2. Support the transportation needs of bicyclists and
330 pedestrians.
331 3. Have national, statewide, or regional importance.
332 4. Facilitate an interconnected system of trails by
333 completing gaps between existing trails.
334 (b) A project funded under this subsection shall:
335 1. Be included in the department’s work program developed
336 in accordance with s. 339.135.
337 2. Be operated and maintained by an entity other than the
338 department upon completion of construction. The department is
339 not obligated to provide funds for the operation and maintenance
340 of the project.
341 Section 5. Section 335.21, Florida Statutes, is created to
342 read:
343 335.21 Governing bodies of independent special districts
344 regulating the operation of public vehicles on public highways.
345 Notwithstanding any provision of local law, the membership of
346 the governing body of any independent special district created
347 for the purpose of regulating the operation of public vehicles
348 upon the public highways under the jurisdiction of any such
349 independent special district shall consist of seven members.
350 Four members shall be appointed by the Governor, one member
351 shall be appointed by the governing body of the largest
352 municipality situated within the jurisdiction of the independent
353 special district, and two members shall be appointed by the
354 governing body of the county in which the independent special
355 district has jurisdiction. All appointees must be residents of
356 the county in which the independent special district has
357 jurisdiction.
358 Section 6. Subsections (5) and (6) of section 338.231,
359 Florida Statutes, are amended to read:
360 338.231 Turnpike tolls, fixing; pledge of tolls and other
361 revenues.—The department shall at all times fix, adjust, charge,
362 and collect such tolls and amounts for the use of the turnpike
363 system as are required in order to provide a fund sufficient
364 with other revenues of the turnpike system to pay the cost of
365 maintaining, improving, repairing, and operating such turnpike
366 system; to pay the principal of and interest on all bonds issued
367 to finance or refinance any portion of the turnpike system as
368 the same become due and payable; and to create reserves for all
369 such purposes.
370 (5) In each fiscal year while any of the bonds of the
371 Broward County Expressway Authority series 1984 and series 1986
372 A remain outstanding, the department is authorized to pledge
373 revenues from the turnpike system to the payment of principal
374 and interest of such series of bonds and the operation and
375 maintenance expenses of the Sawgrass Expressway, to the extent
376 gross toll revenues of the Sawgrass Expressway are insufficient
377 to make such payments. The terms of an agreement relative to the
378 pledge of turnpike system revenue will be negotiated with the
379 parties of the 1984 and 1986 Broward County Expressway Authority
380 lease-purchase agreements, and subject to the covenants of those
381 agreements. The agreement must establish that the Sawgrass
382 Expressway is subject to the planning, management, and operating
383 control of the department limited only by the terms of the
384 lease-purchase agreements. The department shall provide for the
385 payment of operation and maintenance expenses of the Sawgrass
386 Expressway until such agreement is in effect. This pledge of
387 turnpike system revenues is subordinate to the debt service
388 requirements of any future issue of turnpike bonds, the payment
389 of turnpike system operation and maintenance expenses, and
390 subject to any subsequent resolution or trust indenture relating
391 to the issuance of such turnpike bonds.
392 (5)(6) The use and disposition of revenues pledged to bonds
393 are subject to ss. 338.22-338.241 and such regulations as the
394 resolution authorizing the issuance of the bonds or such trust
395 agreement may provide.
396 Section 7. Paragraph (c) of subsection (7) of section
397 339.175, Florida Statutes, is amended to read:
398 339.175 Metropolitan planning organization.—
399 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
400 develop a long-range transportation plan that addresses at least
401 a 20-year planning horizon. The plan must include both long
402 range and short-range strategies and must comply with all other
403 state and federal requirements. The prevailing principles to be
404 considered in the long-range transportation plan are: preserving
405 the existing transportation infrastructure; enhancing Florida’s
406 economic competitiveness; and improving travel choices to ensure
407 mobility. The long-range transportation plan must be consistent,
408 to the maximum extent feasible, with future land use elements
409 and the goals, objectives, and policies of the approved local
410 government comprehensive plans of the units of local government
411 located within the jurisdiction of the M.P.O. Each M.P.O. is
412 encouraged to consider strategies that integrate transportation
413 and land use planning to provide for sustainable development and
414 reduce greenhouse gas emissions. The approved long-range
415 transportation plan must be considered by local governments in
416 the development of the transportation elements in local
417 government comprehensive plans and any amendments thereto. The
418 long-range transportation plan must, at a minimum:
419 (c) Assess capital investment and other measures necessary
420 to:
421 1. Ensure the preservation of the existing metropolitan
422 transportation system including requirements for the operation,
423 resurfacing, restoration, and rehabilitation of major roadways
424 and requirements for the operation, maintenance, modernization,
425 and rehabilitation of public transportation facilities; and
426 2. Make the most efficient use of existing transportation
427 facilities to relieve vehicular congestion, improve safety, and
428 maximize the mobility of people and goods. Such efforts shall
429 include, but not be limited to, consideration of infrastructure
430 and technological improvements necessary to accommodate advances
431 in vehicle technology, such as autonomous vehicle technology and
432 other developments.
433
434 In the development of its long-range transportation plan, each
435 M.P.O. must provide the public, affected public agencies,
436 representatives of transportation agency employees, freight
437 shippers, providers of freight transportation services, private
438 providers of transportation, representatives of users of public
439 transit, and other interested parties with a reasonable
440 opportunity to comment on the long-range transportation plan.
441 The long-range transportation plan must be approved by the
442 M.P.O.
443 Section 8. Paragraph (c) is added to subsection (3) of
444 section 339.64, Florida Statutes, and paragraph (a) of
445 subsection (4) of that section is amended, to read:
446 339.64 Strategic Intermodal System Plan.—
447 (3)
448 (c) The department also shall coordinate with federal,
449 regional, and local partners, as well as industry
450 representatives, to consider infrastructure and technological
451 improvements necessary to accommodate advances in vehicle
452 technology, such as autonomous vehicle technology and other
453 developments, in Strategic Intermodal System facilities.
454 (4) The Strategic Intermodal System Plan shall include the
455 following:
456 (a) A needs assessment. Such assessment shall include, but
457 not be limited to, consideration of infrastructure and
458 technological improvements necessary to accommodate advances in
459 vehicle technology, such as autonomous vehicle technology and
460 other developments.
461 Section 9. Section 339.81, Florida Statutes, is created to
462 read:
463 339.81 Florida Shared-Use Nonmotorized Trail Network.—
464 (1) The Florida Shared-Use Nonmotorized Trail Network is
465 created as a component of the Florida Greenways and Trails
466 System established in chapter 260. The network consists of
467 multiuse trails or shared-use paths physically separated from
468 motor vehicle traffic and constructed with asphalt, concrete, or
469 another hard surface which, by virtue of design, location,
470 extent of connectivity or potential connectivity, and allowable
471 uses, provides nonmotorized transportation opportunities for
472 bicyclists and pedestrians between and within a wide range of
473 points of origin and destinations, including, but not limited
474 to, communities, conservation areas, state parks, beaches, and
475 other natural or cultural attractions for a variety of trip
476 purposes, including work, school, shopping, and other personal
477 business, as well as social, recreational, and personal fitness
478 purposes.
479 (2) Network components do not include sidewalks, nature
480 trails, loop trails wholly within a single park or natural area,
481 or on-road facilities, such as bicycle lanes or routes other
482 than:
483 (a) On-road facilities that are no greater than one-half
484 mile in length connecting two or more nonmotorized trails, if
485 the provision of non-road facilities is unfeasible and if such
486 on-road facilities are signed and marked for nonmotorized use;
487 or
488 (b) On-road components of the Florida Keys Overseas
489 Heritage Trail.
490 (3) The department shall include a project to be
491 constructed as part of the Shared-Use Nonmotorized Trail Network
492 in its work program developed pursuant to s. 339.135.
493 (4) The planning, development, operation, and maintenance
494 of the Shared-Use Nonmotorized Trail Network is declared to be a
495 public purpose, and the department, together with other agencies
496 of this state and all counties, municipalities, and special
497 districts of this state, may spend public funds for such
498 purposes and may accept gifts and grants of funds, property, or
499 property rights from public or private sources to be used for
500 such purposes.
501 (5) The department may enter into a memorandum of agreement
502 with a local government or other agency of the state to transfer
503 maintenance responsibilities of an individual network component.
504 The department may contract with a not-for-profit entity or
505 private sector business or entity to provide maintenance
506 services on an individual network component.
507 (6) The department may adopt rules to aid in the
508 development and maintenance of components of the network.
509 Section 10. Section 339.82, Florida Statutes, is created to
510 read:
511 339.82 Shared-Use Nonmotorized Trail Network Plan.—
512 (1) The department shall develop a Shared-Use Nonmotorized
513 Trail Network Plan in coordination with the Department of
514 Environmental Protection, metropolitan planning organizations,
515 affected local governments and public agencies, and the Florida
516 Greenways and Trails Council. The plan must be consistent with
517 the Florida Greenways and Trails Plan developed under s. 260.014
518 and must be updated at least once every 5 years.
519 (2) The Shared-Use Nonmotorized Trail Network Plan must
520 include all of the following:
521 (a) A needs assessment, including, but not limited to, a
522 comprehensive inventory and analysis of existing trails that may
523 be considered for inclusion in the Shared-Use Nonmotorized Trail
524 Network.
525 (b) A project prioritization process that includes
526 assigning funding priority to projects that:
527 1. Are identified by the Florida Greenways and Trails
528 Council as a priority within the Florida Greenways and Trails
529 System under chapter 260;
530 2. Facilitate an interconnected network of trails by
531 completing gaps between existing facilities; and
532 3. Maximize use of federal, local, and private funding and
533 support mechanisms, including, but not limited to, donation of
534 funds, real property, and maintenance responsibilities.
535 (c) A map illustrating existing and planned facilities and
536 identifying critical gaps between facilities.
537 (d) A finance plan based on reasonable projections of
538 anticipated revenues, including both 5-year and 10-year cost
539 feasible components.
540 (e) Performance measures that include quantifiable
541 increases in trail network access and connectivity.
542 (f) A timeline for the completion of the base network using
543 new and existing data from the department, the Department of
544 Environmental Protection, and other sources.
545 (g) A marketing plan prepared in consultation with the
546 Florida Tourism Industry Marketing Corporation.
547 Section 11. Section 339.83, Florida Statutes, is created to
548 read:
549 339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
550 (1) The department may enter into a concession agreement
551 with a not-for-profit entity or private sector business or
552 entity for commercial sponsorship signs, pavement markings, and
553 exhibits on nonmotorized trails and related facilities
554 constructed as part of the Shared-Use Nonmotorized Trail
555 Network. The concession agreement may also provide for
556 recognition of trail sponsors in any brochure, map, or website
557 providing trail information. Trail websites may provide links to
558 sponsors. Revenue from such agreements may be used for the
559 maintenance of the nonmotorized trails and related facilities.
560 (a) A concession agreement shall be administered by the
561 department.
562 (b)1. Signage, pavement markings, or exhibits erected
563 pursuant to this section must comply with s. 337.407 and chapter
564 479 and are limited as follows:
565 a. One large sign, pavement marking, or exhibit, not to
566 exceed 16 square feet in area, may be located at each trailhead
567 or parking area.
568 b. One small sign, pavement marking, or exhibit, not to
569 exceed 4 square feet in area, may be located at each designated
570 trail public access point where parking is not provided.
571 c. Pavement markings denoting specified distances must be
572 located at least 1 mile apart.
573 2. Before installation, each sign, pavement marking, or
574 exhibit must be approved by the department.
575 3. The department shall ensure that the size, color,
576 materials, construction, and location of all signs, pavement
577 markings, and exhibits are consistent with the management plan
578 for the property and the standards of the department, do not
579 intrude on natural and historic settings, and contain a logo
580 selected by the sponsor and the following sponsorship wording:
581
582 ...(Name of the sponsor)... proudly sponsors the costs
583 of maintaining the ...(Name of the greenway or
584 trail)....
585
586 4. Exhibits may provide additional information and
587 materials including, but not limited to, maps and brochures for
588 trail user services related or proximate to the trail. Pavement
589 markings may display mile marker information.
590 5. The costs of a sign, pavement marking, or exhibit,
591 including development, construction, installation, operation,
592 maintenance, and removal costs, shall be paid by the
593 concessionaire.
594 (c) A concession agreement shall be for a minimum of 1
595 year, but may be for a longer period under a multiyear
596 agreement, and may be terminated for just cause by the
597 department upon 60 days’ advance notice. Just cause for
598 termination of a concession agreement includes, but is not
599 limited to, violation of the terms of the concession agreement
600 or this section.
601 (2) Pursuant to s. 287.057, the department may contract for
602 the provision of services related to the trail sponsorship
603 program, including recruitment and qualification of businesses,
604 review of applications, permit issuance, and fabrication,
605 installation, and maintenance of signs, pavement markings, and
606 exhibits. The department may reject all proposals and seek
607 another request for proposals or otherwise perform the work. The
608 contract may allow the contractor to retain a portion of the
609 annual fees as compensation for its services.
610 (3) This section does not create a proprietary or
611 compensable interest in any sponsorship site or location for any
612 permittee, and the department may terminate permits or change
613 locations of sponsorship sites as it determines necessary for
614 construction or improvement of facilities.
615 (4) The department may adopt rules to establish
616 requirements for qualification of businesses, qualification and
617 location of sponsorship sites, and permit applications and
618 processing. The department may adopt rules to establish other
619 criteria necessary to implement this section and to provide for
620 variances when necessary to serve the interest of the public or
621 when required to ensure equitable treatment of program
622 participants.
623 Section 12. Section 341.0532, Florida Statutes, is
624 repealed.
625 Section 13. Section 341.1025, Florida Statutes, is created
626 to read:
627 341.1025 Public transit providers; transportation network
628 company agreements for the provision of public transit service.
629 A public transit provider may enter into agreements with a
630 transportation network company under which the transportation
631 network company provides paratransit or public transit service
632 on behalf of the provider. As used in this section, the term
633 “transportation network company” means an entity that uses a
634 digital or software application to connect passengers to
635 services provided by transportation network company drivers.
636 Section 14. The Division of Law Revision and Information is
637 directed to create chapter 345, Florida Statutes, consisting of
638 ss. 345.0001-345.0014, Florida Statutes, to be entitled the
639 “Northwest Florida Regional Transportation Finance Authority.”
640 Section 15. Section 345.0001, Florida Statutes, is created
641 to read:
642 345.0001 Short title.—This act may be cited as the
643 “Northwest Florida Regional Transportation Finance Authority
644 Act.”
645 Section 16. Section 345.0002, Florida Statutes, is created
646 to read:
647 345.0002 Definitions.—As used in this chapter, the term:
648 (1) “Agency of the state” means the state and any
649 department of, or any corporation, agency, or instrumentality
650 created, designated, or established by, the state.
651 (2) “Area served” means Escambia County. However, upon a
652 contiguous county’s consent to inclusion within the area served
653 by the authority and with the agreement of the authority, the
654 term shall also include the geographical area of such county
655 contiguous to Escambia County.
656 (3) “Authority” means the Northwest Florida Regional
657 Transportation Finance Authority, a body politic and corporate,
658 and an agency of the state, established under this chapter.
659 (4) “Bonds” means the notes, bonds, refunding bonds, or
660 other evidences of indebtedness or obligations, in temporary or
661 definitive form, which the authority may issue under this
662 chapter.
663 (5) “Department” means the Department of Transportation.
664 (6) “Division” means the Division of Bond Finance of the
665 State Board of Administration.
666 (7) “Federal agency” means the United States, the President
667 of the United States, and any department of, or any bureau,
668 corporation, agency, or instrumentality created, designated, or
669 established by, the United States Government.
670 (8) “Members” means the governing body of the authority,
671 and the term “member” means one of the individuals constituting
672 such governing body.
673 (9) “Regional system” or “system” means, generally, a
674 modern system of roads, bridges, causeways, tunnels, and mass
675 transit services within the area of the authority, with access
676 limited or unlimited as the authority may determine, and the
677 buildings and structures and appurtenances and facilities
678 related to the system, including all approaches, streets, roads,
679 bridges, and avenues of access for the system.
680 (10) “Revenues” means the tolls, revenues, rates, fees,
681 charges, receipts, rentals, contributions, and other income
682 derived from or in connection with the operation or ownership of
683 a regional system, including the proceeds of any use and
684 occupancy insurance on any portion of the system, but excluding
685 state funds available to the authority and any other municipal
686 or county funds available to the authority under an agreement
687 with a municipality or county.
688 Section 17. Section 345.0003, Florida Statutes, is created
689 to read:
690 345.0003 Regional transportation finance authority
691 formation and membership.—
692 (1) Escambia County, alone or together with any consenting
693 contiguous county, may form a regional finance authority for the
694 purposes of constructing, maintaining, and operating
695 transportation projects in the northwest region of this state.
696 The authority shall be governed in accordance with this chapter.
697 The area served by the authority may not be expanded beyond
698 Escambia County without the approval of the county commission of
699 each contiguous county that will be a part of the authority.
700 (2) The governing body of the authority shall consist of a
701 board of voting members as follows:
702 (a) The county commission of each county in the area served
703 by the authority shall appoint two members. Each member must be
704 a resident of the county from which he or she is appointed and,
705 if possible, must represent the business and civic interests of
706 the community.
707 (b) The Governor shall appoint an equal number of members
708 to the board as those appointed by the county commissions. The
709 members appointed by the Governor must be residents of the area
710 served by the authority.
711 (c) The district secretary of the department serving in the
712 district that includes Escambia County.
713 (3) The term of office of each member shall be for 4 years
714 or until his or her successor is appointed and qualified.
715 (4) A member may not hold an elected office during the term
716 of his or her membership.
717 (5) A vacancy occurring in the governing body before the
718 expiration of the member’s term shall be filled for the
719 remainder of the unexpired term by the respective appointing
720 authority in the same manner as the original appointment.
721 (6) Before entering upon his or her official duties, each
722 member must take and subscribe to an oath before an official
723 authorized by law to administer oaths that he or she will
724 honestly, faithfully, and impartially perform the duties of his
725 or her office as a member of the governing body of the authority
726 and that he or she will not neglect any duties imposed on him or
727 her by this chapter.
728 (7) The Governor may remove from office a member of the
729 authority for misconduct, malfeasance, misfeasance, or
730 nonfeasance in office.
731 (8) Members of the authority shall designate a chair from
732 among the membership.
733 (9) Members of the authority shall serve without
734 compensation, but are entitled to reimbursement for per diem and
735 other expenses in accordance with s. 112.061 while in
736 performance of their official duties.
737 (10) A majority of the members of the authority shall
738 constitute a quorum, and resolutions enacted or adopted by a
739 vote of a majority of the members present and voting at any
740 meeting are effective without publication, posting, or any
741 further action of the authority.
742 Section 18. Section 345.0004, Florida Statutes, is created
743 to read:
744 345.0004 Powers and duties.—
745 (1) The authority shall plan, develop, finance, construct,
746 reconstruct, improve, own, operate, and maintain a regional
747 system in the area served by the authority. The authority may
748 not exercise these powers with respect to an existing system for
749 transporting people and goods by any means that is owned by
750 another entity without the consent of that entity. If the
751 authority acquires, purchases, or inherits an existing entity,
752 the authority shall inherit and assume all rights, assets,
753 appropriations, privileges, and obligations of the existing
754 entity.
755 (2) The authority may exercise all powers necessary,
756 appurtenant, convenient, or incidental to the carrying out of
757 the purposes of this section, including, but not limited to, the
758 following rights and powers:
759 (a) To sue and be sued, implead and be impleaded, and
760 complain and defend in all courts in its own name.
761 (b) To adopt and use a corporate seal.
762 (c) To have the power of eminent domain, including the
763 procedural powers granted under chapters 73 and 74.
764 (d) To acquire, purchase, hold, lease as a lessee, and use
765 any property, real, personal, or mixed, tangible or intangible,
766 or any interest therein, necessary or desirable for carrying out
767 the purposes of the authority.
768 (e) To sell, convey, exchange, lease, or otherwise dispose
769 of any real or personal property acquired by the authority,
770 including air rights, which the authority and the department
771 have determined is not needed for the construction, operation,
772 and maintenance of the system.
773 (f) To fix, alter, charge, establish, and collect rates,
774 fees, rentals, and other charges for the use of any system owned
775 or operated by the authority, which rates, fees, rentals, and
776 other charges must be sufficient to comply with any covenants
777 made with the holders of any bonds issued under this act. This
778 right and power may be assigned or delegated by the authority to
779 the department.
780 (g) To borrow money; to make and issue negotiable notes,
781 bonds, refunding bonds, and other evidences of indebtedness or
782 obligations, in temporary or definitive form, to finance all or
783 part of the improvement of the authority’s system and
784 appurtenant facilities, including the approaches, streets,
785 roads, bridges, and avenues of access for the system and for any
786 other purpose authorized by this chapter, the bonds to mature no
787 more than 30 years after the date of the issuance; to secure the
788 payment of such bonds or any part thereof by a pledge of its
789 revenues, rates, fees, rentals, or other charges, including
790 municipal or county funds received by the authority under an
791 agreement between the authority and a municipality or county;
792 and, in general, to provide for the security of the bonds and
793 the rights and remedies of the holders of the bonds. However,
794 municipal or county funds may not be pledged for the
795 construction of a project for which a toll is to be charged
796 unless the anticipated tolls are reasonably estimated by the
797 governing board of the municipality or county, on the date of
798 its resolution pledging the funds, to be sufficient to cover the
799 principal and interest of such obligations during the period
800 when the pledge of funds is in effect.
801 1. The authority shall reimburse a municipality or county
802 for sums spent from municipal or county funds used for the
803 payment of the bond obligations.
804 2. If the authority elects to fund or refund bonds issued
805 by the authority before the maturity of the bonds, the proceeds
806 of the funding or refunding bonds, pending the prior redemption
807 of the bonds to be funded or refunded, shall be invested in
808 direct obligations of the United States, and the outstanding
809 bonds may be funded or refunded by the issuance of bonds under
810 this chapter.
811 (h) To make contracts of every name and nature, including,
812 but not limited to, partnerships providing for participation in
813 ownership and revenues, and to execute each instrument necessary
814 or convenient for the conduct of its business.
815 (i) Without limitation of the foregoing, to cooperate with,
816 to accept grants from, and to enter into contracts or other
817 transactions with any federal agency, the state, or any agency
818 or any other public body of the state.
819 (j) To employ an executive director, attorney, staff, and
820 consultants. Upon the request of the authority, the department
821 shall furnish the services of a department employee to act as
822 the executive director of the authority.
823 (k) To accept funds or other property from private
824 donations.
825 (l) To act and do things necessary or convenient for the
826 conduct of its business and the general welfare of the
827 authority, in order to carry out the powers granted to it by
828 this act or any other law.
829 (3) The authority may not pledge the credit or taxing power
830 of the state or a political subdivision or agency of the state.
831 Obligations of the authority may not be considered to be
832 obligations of the state or of any other political subdivision
833 or agency of the state. Except for the authority, the state or
834 any political subdivision or agency of the state is not liable
835 for the payment of the principal of or interest on such
836 obligations.
837 (4) The authority may not, other than by consent of the
838 affected county or an affected municipality, enter into an
839 agreement that would legally prohibit the construction of a road
840 by the county or the municipality.
841 (5) The authority shall comply with the statutory
842 requirements of general application which relate to the filing
843 of a report or documentation required by law, including the
844 requirements of ss. 189.015, 189.016, 189.051, and 189.08.
845 Section 19. Section 345.0005, Florida Statutes, is created
846 to read:
847 345.0005 Bonds.—
848 (1) Bonds may be issued on behalf of the authority pursuant
849 to the State Bond Act in such principal amount as the authority
850 determines is necessary to achieve its corporate purposes,
851 including construction, reconstruction, improvement, extension,
852 and repair of the regional system; the acquisition cost of real
853 property; interest on bonds during construction and for a
854 reasonable period thereafter; and establishment of reserves to
855 secure bonds.
856 (2) Bonds issued on behalf of the authority under
857 subsection (1) must:
858 (a) Be authorized by resolution of the members of the
859 authority and bear such date or dates; mature at such time or
860 times not exceeding 30 years after their respective dates; bear
861 interest at a rate or rates not exceeding the maximum rate fixed
862 by general law for authorities; be in such denominations; be in
863 such form, either coupon or fully registered; carry such
864 registration, exchangeability, and interchangeability
865 privileges; be payable in such medium of payment and at such
866 place or places; be subject to such terms of redemption; and be
867 entitled to such priorities of lien on the revenues and other
868 available moneys as such resolution or any resolution after the
869 bonds’ issuance provides.
870 (b) Be sold at public sale in the manner provided in the
871 State Bond Act. Temporary bonds or interim certificates may be
872 issued to the purchaser or purchasers of such bonds pending the
873 preparation of definitive bonds and may contain such terms and
874 conditions as determined by the authority.
875 (3) A resolution that authorizes bonds may specify
876 provisions that must be part of the contract with the holders of
877 the bonds as to:
878 (a) The pledging of all or any part of the revenues,
879 available municipal or county funds, or other charges or
880 receipts of the authority derived from the regional system.
881 (b) The construction, reconstruction, improvement,
882 extension, repair, maintenance, and operation of the system, or
883 any part or parts of the system, and the duties and obligations
884 of the authority with reference thereto.
885 (c) Limitations on the purposes to which the proceeds of
886 the bonds, then or thereafter issued, or of any loan or grant by
887 any federal agency or the state or any political subdivision of
888 the state may be applied.
889 (d) The fixing, charging, establishing, revising,
890 increasing, reducing, and collecting of tolls, rates, fees,
891 rentals, or other charges for use of the services and facilities
892 of the system or any part of the system.
893 (e) The setting aside of reserves or sinking funds and the
894 regulation and disposition of such reserves or sinking funds.
895 (f) Limitations on the issuance of additional bonds.
896 (g) The terms of any deed of trust or indenture securing
897 the bonds, or under which the bonds may be issued.
898 (h) Any other or additional matters, of like or different
899 character, which in any way affect the security or protection of
900 the bonds.
901 (4) The authority may enter into deeds of trust,
902 indentures, or other agreements with banks or trust companies
903 within or without the state, as security for such bonds, and
904 may, under such agreements, assign and pledge any of the
905 revenues and other available moneys, including any available
906 municipal or county funds, under the terms of this chapter. The
907 deed of trust, indenture, or other agreement may contain
908 provisions that are customary in such instruments or that the
909 authority may authorize, including, but without limitation,
910 provisions that:
911 (a) Pledge any part of the revenues or other moneys
912 lawfully available.
913 (b) Apply funds and safeguard funds on hand or on deposit.
914 (c) Provide for the rights and remedies of the trustee and
915 the holders of the bonds.
916 (d) Provide for the terms of the bonds or for resolutions
917 authorizing the issuance of the bonds.
918 (e) Provide for any additional matters, of like or
919 different character, which affect the security or protection of
920 the bonds.
921 (5) Bonds issued under this act are negotiable instruments
922 and have the qualities and incidents of negotiable instruments
923 under the law merchant and the negotiable instruments law of the
924 state.
925 (6) A resolution that authorizes the issuance of authority
926 bonds and pledges the revenues of the system must require that
927 revenues of the system be periodically deposited into
928 appropriate accounts in sufficient sums to pay the costs of
929 operation and maintenance of the system for the current fiscal
930 year as set forth in the annual budget of the authority and to
931 reimburse the department for any unreimbursed costs of operation
932 and maintenance of the system from prior fiscal years before
933 revenues of the system are deposited into accounts for the
934 payment of interest or principal owing or that may become owing
935 on such bonds.
936 (7) State funds may not be used or pledged to pay the
937 principal of or interest on any authority bonds, and all such
938 bonds must contain a statement on their face to this effect.
939 Section 20. Section 345.0006, Florida Statutes, is created
940 to read:
941 345.0006 Remedies of bondholders.—
942 (1) The rights and the remedies granted to authority
943 bondholders under this chapter are in addition to and not in
944 limitation of any rights and remedies lawfully granted to such
945 bondholders by the resolution or indenture providing for the
946 issuance of bonds, or by any deed of trust, indenture, or other
947 agreement under which the bonds may be issued or secured. If the
948 authority defaults in the payment of the principal or interest
949 on the bonds issued under this chapter after such principal or
950 interest becomes due, whether at maturity or upon call for
951 redemption, as provided in the resolution or indenture, and such
952 default continues for 30 days, or if the authority fails or
953 refuses to comply with this chapter or any agreement made with,
954 or for the benefit of, the holders of the bonds, the holders of
955 25 percent in aggregate principal amount of the bonds then
956 outstanding are entitled as of right to the appointment of a
957 trustee to represent such bondholders for the purposes of the
958 default if the holders of 25 percent in aggregate principal
959 amount of the bonds then outstanding first give written notice
960 to the authority and to the department of their intention to
961 appoint a trustee.
962 (2) The trustee and a trustee under a deed of trust,
963 indenture, or other agreement may, or upon the written request
964 of the holders of 25 percent or such other percentages specified
965 in any deed of trust, indenture, or other agreement, in
966 principal amount of the bonds then outstanding, shall, in any
967 court of competent jurisdiction, in its own name:
968 (a) By mandamus or other suit, action, or proceeding at
969 law, or in equity, enforce all rights of the bondholders,
970 including the right to require the authority to fix, establish,
971 maintain, collect, and charge rates, fees, rentals, and other
972 charges, adequate to carry out any agreement as to, or pledge
973 of, the revenues, and to require the authority to carry out any
974 other covenants and agreements with or for the benefit of the
975 bondholders, and to perform its and their duties under this
976 chapter.
977 (b) Bring suit upon the bonds.
978 (c) By action or suit in equity, require the authority to
979 account as if it were the trustee of an express trust for the
980 bondholders.
981 (d) By action or suit in equity, enjoin any acts or things
982 that may be unlawful or in violation of the rights of the
983 bondholders.
984 (3) A trustee, if appointed under this section or acting
985 under a deed of trust, indenture, or other agreement, and
986 regardless of whether all bonds have been declared due and
987 payable, is entitled to the appointment of a receiver. The
988 receiver may enter upon and take possession of the system or the
989 facilities or any part or parts of the system, the revenues, and
990 other pledged moneys, for and on behalf of and in the name of,
991 the authority and the bondholders. The receiver may collect and
992 receive revenues and other pledged moneys in the same manner as
993 the authority. The receiver shall deposit such revenues and
994 moneys in a separate account and apply all such revenues and
995 moneys remaining after allowance for payment of all costs of
996 operation and maintenance of the system in such manner as the
997 court directs. In a suit, action, or proceeding by the trustee,
998 the fees, counsel fees, and expenses of the trustee, and the
999 receiver, if any, and all costs and disbursements allowed by the
1000 court must be a first charge on any revenues after payment of
1001 the costs of operation and maintenance of the system. The
1002 trustee also has all other powers necessary or appropriate for
1003 the exercise of any functions specifically described in this
1004 section or incident to the representation of the bondholders in
1005 the enforcement and protection of their rights.
1006 (4) A receiver appointed pursuant to this section to
1007 operate and maintain the system or a facility or a part of a
1008 facility may not sell, assign, mortgage, or otherwise dispose of
1009 any of the assets belonging to the authority. The powers of the
1010 receiver are limited to the operation and maintenance of the
1011 system or any facility or part of a facility and to the
1012 collection and application of revenues and other moneys due the
1013 authority, in the name and for and on behalf of the authority
1014 and the bondholders. A holder of bonds or a trustee does not
1015 have the right in any suit, action, or proceeding, at law or in
1016 equity, to compel a receiver, or a receiver may not be
1017 authorized or a court may not direct a receiver, to sell,
1018 assign, mortgage, or otherwise dispose of any assets of whatever
1019 kind or character belonging to the authority.
1020 Section 21. Section 345.0007, Florida Statutes, is created
1021 to read:
1022 345.0007 Department to construct, operate, and maintain
1023 facilities.—
1024 (1) The department is the agent of the authority for the
1025 purpose of performing all phases of a project, including, but
1026 not limited to, constructing improvements and extensions to the
1027 system, with the exception of the transit facilities. The
1028 division and the authority shall provide to the department
1029 complete copies of the documents, agreements, resolutions,
1030 contracts, and instruments that relate to the project and shall
1031 request that the department perform the construction work,
1032 including the planning, surveying, design, and actual
1033 construction of the completion of, extensions of, and
1034 improvements to the system. After the issuance of bonds to
1035 finance construction of an improvement or addition to the
1036 system, the division and the authority shall transfer to the
1037 credit of an account of the department in the State Treasury the
1038 necessary funds for construction. The department shall proceed
1039 with construction and use the funds for the purpose authorized
1040 by law for construction of roads and bridges. The authority may
1041 alternatively, with the consent and approval of the department,
1042 elect to appoint a local agency certified by the department to
1043 administer federal aid projects in accordance with federal law
1044 as the authority’s agent for the purpose of performing each
1045 phase of a project.
1046 (2) Notwithstanding subsection (1), the department is the
1047 agent of the authority for the purpose of operating and
1048 maintaining the system, with the exception of transit
1049 facilities. The costs incurred by the department for operation
1050 and maintenance shall be reimbursed from revenues of the system.
1051 The appointment of the department as agent for the authority
1052 does not create an independent obligation on the part of the
1053 department to operate and maintain a system. The authority shall
1054 remain obligated as principal to operate and maintain its
1055 system, and the authority’s bondholders do not have an
1056 independent right to compel the department to operate or
1057 maintain the authority’s system.
1058 (3) The authority shall fix, alter, charge, establish, and
1059 collect tolls, rates, fees, rentals, and other charges for the
1060 authority’s facilities, as otherwise provided in this chapter.
1061 Section 22. Section 345.0008, Florida Statutes, is created
1062 to read:
1063 345.0008 Department contributions to authority projects.—
1064 (1) Subject to appropriation by the Legislature, the
1065 department may, at the request of the authority, pay all or part
1066 of the cost of financial, engineering, or traffic feasibility
1067 studies or of the design, financing, acquisition, or
1068 construction of an authority project or portion of the system
1069 that is included in the 10-year Strategic Intermodal Plan.
1070 (a) Pursuant to chapter 216, the department shall include
1071 funding for such payments in its legislative budget request. The
1072 request for funding may be included in the 5-year Tentative Work
1073 Program developed under s. 339.135; however, it must appear as a
1074 distinct funding item in the legislative budget request and must
1075 be supported by a financial feasibility test provided by the
1076 department.
1077 (b) Funding provided for authority projects shall appear in
1078 the General Appropriations Act as a distinct fixed capital
1079 outlay item and must clearly identify the related authority
1080 project.
1081 (c) The department may not make a budget request to fund
1082 the acquisition or construction of a proposed authority project
1083 unless the estimated net revenues of the proposed project will
1084 be sufficient to pay at least 50 percent of the annual debt
1085 service on the bonds associated with the project by the end of
1086 12 years of operation and at least 100 percent of the debt
1087 service on the bonds by the end of 30 years of operation.
1088 (2) The department may use its engineers and other
1089 personnel, including consulting engineers and traffic engineers,
1090 to conduct the feasibility studies authorized under subsection
1091 (1).
1092 (3) The department may participate in authority-funded
1093 projects that, at a minimum:
1094 (a) Serve national, statewide, or regional functions and
1095 function as part of an integrated regional transportation
1096 system.
1097 (b) Are identified in the capital improvements element of a
1098 comprehensive plan that has been determined to be in compliance
1099 with part II of chapter 163. Further, the project shall be in
1100 compliance with local government comprehensive plan policies
1101 relative to corridor management.
1102 (c) Are consistent with the Strategic Intermodal System
1103 Plan developed under s. 339.64.
1104 (d) Have a commitment for local, regional, or private
1105 financial matching funds as a percentage of the overall project
1106 cost.
1107 (4) Before approval, the department must determine that the
1108 proposed project:
1109 (a) Is in the public’s best interest;
1110 (b) Does not require state funding, unless the project is
1111 on the State Highway System;
1112 (c) Has adequate safeguards in place to ensure that no
1113 additional costs will be imposed on or service disruptions will
1114 affect the traveling public and residents of this state if the
1115 department cancels or defaults on the agreement; and
1116 (d) Has adequate safeguards in place to ensure that the
1117 department and the authority have the opportunity to add
1118 capacity to the proposed project and other transportation
1119 facilities serving similar origins and destinations.
1120 (5) An obligation or expense incurred by the department
1121 under this section is a part of the cost of the authority
1122 project for which the obligation or expense was incurred. The
1123 department may require that money contributed by the department
1124 under this section be repaid from tolls of the project on which
1125 the money was spent, other revenue of the authority, or other
1126 sources of funds.
1127 (6) The department shall receive from the authority a share
1128 of the authority’s net revenues equal to the ratio of the
1129 department’s total contributions to the authority under this
1130 section to the sum of: the department’s total contributions
1131 under this section; contributions by any local government to the
1132 cost of revenue-producing authority projects; and the sale
1133 proceeds of authority bonds after payment of costs of issuance.
1134 For the purpose of this subsection, the net revenues of the
1135 authority are determined by deducting from gross revenues the
1136 payment of debt service, administrative expenses, operations and
1137 maintenance expenses, and all reserves required to be
1138 established under any resolution under which authority bonds are
1139 issued.
1140 Section 23. Section 345.0009, Florida Statutes, is created
1141 to read:
1142 345.0009 Acquisition of lands and property.—
1143 (1) For the purposes of this chapter, the authority may
1144 acquire private or public property and property rights,
1145 including rights of access, air, view, and light, by gift,
1146 devise, purchase, condemnation by eminent domain proceedings, or
1147 transfer from another political subdivision of the state, as the
1148 authority may find necessary for any of the purposes of this
1149 chapter, including, but not limited to, any lands reasonably
1150 necessary for securing applicable permits, areas necessary for
1151 management of access, borrow pits, drainage ditches, water
1152 retention areas, rest areas, replacement access for landowners
1153 whose access is impaired due to the construction of a facility,
1154 and replacement rights-of-way for relocated rail and utility
1155 facilities; for existing, proposed, or anticipated
1156 transportation facilities on the system or in a transportation
1157 corridor designated by the authority; or for the purposes of
1158 screening, relocation, removal, or disposal of junkyards and
1159 scrap metal processing facilities. Each authority shall also
1160 have the power to condemn any material and property necessary
1161 for such purposes.
1162 (2) The authority shall exercise the right of eminent
1163 domain conferred under this section in the manner provided by
1164 law.
1165 (3) An authority that acquires property for a
1166 transportation facility or in a transportation corridor is not
1167 liable under chapter 376 or chapter 403 for preexisting soil or
1168 groundwater contamination due solely to its ownership. This
1169 section does not affect the rights or liabilities of any past or
1170 future owners of the acquired property or the liability of any
1171 governmental entity for the results of its actions which create
1172 or exacerbate a pollution source. The authority and the
1173 Department of Environmental Protection may enter into
1174 interagency agreements for the performance, funding, and
1175 reimbursement of the investigative and remedial acts necessary
1176 for property acquired by the authority.
1177 Section 24. Section 345.001, Florida Statutes, is created
1178 to read:
1179 345.001 Cooperation with other units, boards, agencies, and
1180 individuals.—A county, municipality, drainage district, road and
1181 bridge district, school district, or any other political
1182 subdivision, board, commission, or individual in, or of, the
1183 state may make and enter into a contract, lease, conveyance,
1184 partnership, or other agreement with the authority which
1185 complies with this chapter. The authority may make and enter
1186 into contracts, leases, conveyances, partnerships, and other
1187 agreements with any political subdivision, agency, or
1188 instrumentality of the state and any federal agency,
1189 corporation, or individual to carry out the purposes of this
1190 chapter.
1191 Section 25. Section 345.0011, Florida Statutes, is created
1192 to read:
1193 345.0011 Covenant of the state.—The state pledges to, and
1194 agrees with, any person, firm, or corporation, or federal or
1195 state agency subscribing to or acquiring the bonds to be issued
1196 by the authority for the purposes of this chapter that the state
1197 will not limit or alter the rights vested by this chapter in the
1198 authority and the department until all bonds at any time issued,
1199 together with the interest thereon, are fully paid and
1200 discharged insofar as the rights vested in the authority and the
1201 department affect the rights of the holders of bonds issued
1202 under this chapter. The state further pledges to, and agrees
1203 with, the United States that if a federal agency constructs or
1204 contributes any funds for the completion, extension, or
1205 improvement of the system, or any parts of the system, the state
1206 will not alter or limit the rights and powers of the authority
1207 and the department in any manner that is inconsistent with the
1208 continued maintenance and operation of the system or the
1209 completion, extension, or improvement of the system, or that
1210 would be inconsistent with the due performance of any agreements
1211 between the authority and any such federal agency, and the
1212 authority and the department shall continue to have and may
1213 exercise all powers granted in this section, so long as the
1214 powers are necessary or desirable to carry out the purposes of
1215 this chapter and the purposes of the United States in the
1216 completion, extension, or improvement of the system, or any part
1217 of the system.
1218 Section 26. Section 345.0012, Florida Statutes, is created
1219 to read:
1220 345.0012 Exemption from taxation.—The authority created
1221 under this chapter is for the benefit of the people of the
1222 state, for the increase of their commerce and prosperity, and
1223 for the improvement of their health and living conditions. The
1224 authority performs essential governmental functions under this
1225 chapter, therefore, the authority is not required to pay any
1226 taxes or assessments of any kind or nature upon any property
1227 acquired or used by it for such purposes, or upon any rates,
1228 fees, rentals, receipts, income, or charges received by it.
1229 Also, the bonds issued by the authority, their transfer and the
1230 income from their issuance, including any profits made on the
1231 sale of the bonds, shall be free from taxation by the state or
1232 by any political subdivision, taxing agency, or instrumentality
1233 of the state. The exemption granted by this section does not
1234 apply to any tax imposed by chapter 220 on interest, income, or
1235 profits on debt obligations owned by corporations.
1236 Section 27. Section 345.0013, Florida Statutes, is created
1237 to read:
1238 345.0013 Eligibility for investments and security.—Bonds or
1239 other obligations issued under this chapter are legal
1240 investments for banks, savings banks, trustees, executors,
1241 administrators, and all other fiduciaries, and for all state,
1242 municipal, and other public funds, and are also securities
1243 eligible for deposit as security for all state, municipal, or
1244 other public funds, notwithstanding any other law to the
1245 contrary.
1246 Section 28. Section 345.0014, Florida Statutes, is created
1247 to read:
1248 345.0014 Applicability.—
1249 (1) The powers conferred by this chapter are in addition to
1250 the powers conferred by other laws and do not repeal any other
1251 general or special law or local ordinance, but supplement them,
1252 and provide a complete method for the exercise of the powers
1253 granted in this chapter. The extension and improvement of a
1254 system, and the issuance of bonds under this chapter to finance
1255 all or part of the cost of such extension or improvement, may be
1256 accomplished through compliance with this chapter without regard
1257 to or necessity for compliance with the limitations or
1258 restrictions contained in any other general, special, or local
1259 law, including, but not limited to, s. 215.821. Approval of any
1260 bonds issued under this act by the qualified electors or
1261 qualified electors who are freeholders in the state or in any
1262 political subdivision of the state is not required for the
1263 issuance of such bonds under this chapter.
1264 (2) This act does not repeal, rescind, or modify any other
1265 law relating to the State Board of Administration, the
1266 Department of Transportation, or the Division of Bond Finance of
1267 the State Board of Administration; however, this chapter
1268 supersedes any other law that is inconsistent with its
1269 provisions, including, but not limited to, s. 215.821.
1270 Section 29. (1) The Commission for the Transportation
1271 Disadvantaged, in cooperation with the Center for Urban
1272 Transportation Research, shall develop and implement a pilot
1273 program with at least one community transportation coordinator
1274 to assess the potential for increasing accessibility and cost
1275 effectiveness made possible through use of a transportation
1276 network company as a transportation operator. As used in this
1277 section, the term “transportation network company” means an
1278 entity that uses a digital or software application to connect
1279 passengers to services provided by transportation network
1280 company drivers.
1281 (2) The pilot program must allow for one or more
1282 transportation network companies to provide all or some
1283 nonsponsored paratransit services to eligible transportation
1284 disadvantaged persons for no less than 6 months. A participating
1285 transportation network company shall comply with all relevant
1286 standards for transportation operators as required under s.
1287 427.013(9), Florida Statutes.
1288 (3) Contingent upon legislative appropriation, the
1289 commission may expend up to $750,000 for the pilot program.
1290 (4) The commission shall present the findings of the pilot
1291 program in a report to the chairs of the appropriate Senate and
1292 House Committees by October 1, 2016.
1293 Section 30. (1) LEGISLATIVE FINDINGS AND INTENT.—The
1294 Legislature recognizes that the existing fuel tax structure used
1295 to derive revenues for the funding of transportation projects in
1296 this state is no longer adequate to meet the state’s needs. To
1297 this end the Legislature directs the Center for Urban
1298 Transportation Research to establish an extensive study on the
1299 impact of implementing a system that charges drivers based on
1300 the vehicle miles traveled as an alternative, sustainable source
1301 of transportation funding. The Legislature recognizes that, over
1302 time, the current fuel tax structure has become less viable as
1303 the primary funding source for transportation projects. While
1304 the fuel tax has functioned as a true user fee for decades,
1305 significant increases in mandated vehicle fuel efficiency and
1306 the introduction of electric and hybrid vehicles have
1307 significantly eroded the revenues derived from this tax. The
1308 Legislature also recognizes that there are legitimate privacy
1309 concerns related to a tax mechanism that would charge users of
1310 the highway system on the basis of miles traveled. Other
1311 concerns include the cost of implementing such a system and
1312 institutional issues associated with revenue sharing. Therefore,
1313 it is the intent of the Legislature that this study will, at a
1314 minimum, address these issues. To accomplish this task, the
1315 Center for Urban Transportation Research shall establish a pilot
1316 project to assist the center in analyzing the concept and in
1317 developing a business plan for transitioning Florida to a
1318 transportation funding system based on vehicle miles traveled.
1319 (2) VEHICLE-MILES-TRAVELED STUDY.—The Center for Urban
1320 Transportation Research shall conduct a study on the viability
1321 of implementing a system in this state that charges drivers
1322 based on their vehicle miles traveled as an alternative to the
1323 present fuel tax structure to fund transportation projects. The
1324 study must examine the types of vehicles being operated on
1325 Florida’s state and local highways and recommend an appropriate
1326 charge for various modes of private and public transportation.
1327 This examination must include, but need not be limited to, all
1328 vehicles in private use; including automobiles, motorcycles,
1329 light trucks, and vehicles that are towing boats or trailers;
1330 and all commercial vehicles. In determining the charge, the
1331 Center for Urban Transportation Research shall take into
1332 consideration vehicle weight, number of axles, type of roadway
1333 being used, and other factors determined to be relevant. The
1334 study must also identify the purpose of the trips, such as
1335 commuting to work, running errands, vacation driving,
1336 transportation of commodities, and commercial and business
1337 purposes.
1338 (3) VEHICLE-MILES-TRAVELED PILOT PROJECT.—
1339 (a) In the course of the study, the Center for Urban
1340 Transportation Research shall establish a 6-month pilot project
1341 to study the feasibility and economic impact to this state of
1342 implementing a system that charges drivers based on their
1343 vehicle miles traveled.
1344 (b) In advance of the pilot project, the Center for Urban
1345 Transportation Research shall also identify at least three
1346 vendors who have the capability to operate and administer a
1347 vehicle-miles-traveled program. Each participating vendor must
1348 demonstrate interoperability with other service providers and
1349 must have sophisticated privacy protections in place. Each
1350 participating vendor shall also submit a business model for
1351 statewide implementation of a vehicle-miles-traveled
1352 transportation funding system, which must include plans for the
1353 assessment and collection of fees.
1354 (c) The pilot project must be conducted within the
1355 Department of Transportation district that has the greatest
1356 diversity of traffic and a combination of rural and urban
1357 roadways.
1358 (d) The pilot project must be operated in all ways as if a
1359 vehicle-miles-traveled funding mechanism were in place. Vendors
1360 shall issue statements to vehicle operators that show a history
1361 of miles traveled per vehicle, however, no charges shall be
1362 assessed or collected from pilot project participants. Vendors
1363 shall track the miles traveled by participating vehicles and
1364 shall conduct an extensive survey of private and public
1365 operators to determine whether they have privacy concerns and
1366 whether they have experienced glitches with billing software and
1367 mock statements.
1368 (4) REPORT.-By December 31, 2016, the Center for Urban
1369 Transportation Research shall submit a report to the Governor,
1370 the President of the Senate, the Speaker of the House of
1371 Representatives, and the Metropolitan Planning Organization
1372 Advisory Council detailing the findings of the study and pilot
1373 project and making recommendations regarding the feasibility and
1374 means of implementing a vehicle-miles-traveled funding mechanism
1375 for transportation projects.
1376 Section 31. This act shall take effect July 1, 2015.