Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1118
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to transportation; creating s.
    3         316.0898, F.S.; requiring the Department of
    4         Transportation, in consultation with the Department of
    5         Highway Safety and Motor Vehicles, to develop the
    6         Florida Smart City Challenge grant program; specifying
    7         requirements for grant program applicants;
    8         establishing goals for the grant program; requiring
    9         the Department of Transportation to develop specified
   10         criteria for the program grants and a plan for
   11         promotion of the grant program; authorizing the
   12         Department of Transportation to contract with a third
   13         party that demonstrates certain knowledge and
   14         expertise for a specified purpose; requiring the
   15         Department of Transportation to submit certain
   16         information regarding the grant program to the
   17         Governor and the Legislature by a specified date;
   18         providing for repeal; amending s. 316.545, F.S.;
   19         providing for the calculation of fines for unlawful
   20         weight and load for a vehicle fueled by natural gas;
   21         requiring the vehicle operator to present a certain
   22         written certification upon request by a weight
   23         inspector or law enforcement officer; prescribing a
   24         maximum actual gross vehicle weight for vehicles
   25         fueled by natural gas; providing applicability;
   26         creating s. 316.851, F.S.; requiring an autonomous
   27         vehicle used by a transportation network company to be
   28         covered by automobile insurance, subject to certain
   29         requirements; requiring an autonomous vehicle used to
   30         provide a transportation service to carry in the
   31         vehicle proof of coverage satisfying certain
   32         requirements at all times while operating in
   33         autonomous mode; creating s. 316.853, F.S.; defining
   34         the term “automated mobility district”; requiring the
   35         Department of Transportation to designate automated
   36         mobility districts; requiring the department to
   37         consider applicable criteria from federal agencies for
   38         automated mobility districts in determining
   39         eligibility of a community for the designation;
   40         amending s. 319.145, F.S.; requiring an autonomous
   41         vehicle registered in this state to be capable of
   42         bringing the vehicle to a full stop when an alert is
   43         given if the human operator does not, or is not able
   44         to, take control of the autonomous vehicle, or if a
   45         human operator is not physically present in the
   46         vehicle; amending s. 335.074, F.S.; requiring bridges
   47         on public transportation facilities to be inspected
   48         for certain purposes at regular intervals as required
   49         by the Federal Highway Administration; creating s.
   50         335.094, F.S.; providing legislative intent; requiring
   51         the department to establish a process, including any
   52         forms deemed necessary by the department, for
   53         submitting applications for installation of a memorial
   54         marker; specifying persons who may submit such
   55         applications to the department; requiring the
   56         department to establish criteria for the design and
   57         fabrication of memorial markers; authorizing the
   58         department to install a certain sign at no charge to
   59         an applicant; providing that memorial markers may
   60         incorporate the available emblems of belief approved
   61         by the United States Department of Veterans Affairs
   62         National Cemetery Administration upon the request of
   63         the applicant and payment of a reasonable fee set by
   64         the department to offset production costs; defining
   65         the term “emblem of belief”; authorizing an applicant
   66         to request a new emblem of belief not specifically
   67         approved by the United States Department of Veterans
   68         Affairs National Cemetery Administration for
   69         inscription on a memorial marker, subject to certain
   70         requirements; requiring the department, under certain
   71         circumstances, to notify an applicant of any missing
   72         information and that no further action on the
   73         application will be taken until the missing
   74         information is provided; providing requirements for
   75         placement of the memorial marker by the department;
   76         requiring the department to remove a memorial marker
   77         if the department determines the presence of the
   78         marker creates a safety hazard, subject to certain
   79         requirements; amending s. 337.11, F.S.; increasing the
   80         allowable amount for contracts for construction and
   81         maintenance which the department may enter into, in
   82         certain circumstances, without advertising and
   83         receiving competitive bids; amending s. 338.227, F.S.;
   84         providing that certain bonds are not required to be
   85         validated but may be validated at the option of the
   86         Division of Bond Finance; providing filing, notice,
   87         and service requirements for complaints and circuit
   88         court orders concerning such validation; amending s.
   89         339.135, F.S.; providing an additional exception
   90         related to the amendment of adopted work programs when
   91         an emergency exists; amending s. 339.2405, F.S.;
   92         replacing the Florida Highway Beautification Council
   93         within the department with the Florida Highway
   94         Beautification Grant Program; providing the purpose of
   95         the program; providing duties of the department;
   96         conforming provisions to changes made by the act;
   97         amending s. 343.52, F.S.; defining the term
   98         “department”; amending s. 343.54, F.S.; prohibiting
   99         the South Florida Regional Transportation Authority
  100         from entering into, extending, or renewing certain
  101         contracts or other agreements without the department’s
  102         prior review and written approval if such contracts or
  103         agreements may be funded with funds provided by the
  104         department; amending s. 343.58, F.S.; providing that
  105         certain funds provided to the authority by the
  106         department constitute state financial assistance for
  107         specified purposes, subject to certain requirements;
  108         requiring the department to provide certain funds in
  109         accordance with the terms of an agreement between the
  110         authority and the department; authorizing the
  111         department to advance the authority a certain amount
  112         of the total funding for a state fiscal year at the
  113         beginning of each state fiscal year, subject to
  114         certain requirements; requiring the authority to
  115         promptly provide the department any documentation or
  116         information, in addition to the proposed annual
  117         budget, which is required by the department for its
  118         evaluation of the proposed uses of state funds;
  119         amending s. 215.82, F.S.; conforming a provision to
  120         changes made by the act; amending s. 343.53, F.S.;
  121         conforming a cross-reference; amending s. 427.011,
  122         F.S.; revising the definition of the term
  123         “paratransit”; authorizing the Secretary of
  124         Transportation to enroll the State of Florida in
  125         federal pilot programs or projects for the collection
  126         and study of data for the review of federal or state
  127         roadway safety, infrastructure sustainability,
  128         congestion mitigation, transportation system
  129         efficiency, autonomous vehicle technology, or capacity
  130         challenges; providing effective dates, one of which is
  131         contingent.
  133  Be It Enacted by the Legislature of the State of Florida:
  135         Section 1. Section 316.0898, Florida Statutes, is created
  136  to read:
  137         316.0898 Florida Smart City Challenge grant program.—
  138         (1)The Department of Transportation, in consultation with
  139  the Department of Highway Safety and Motor Vehicles, shall
  140  develop the Florida Smart City Challenge grant program and shall
  141  establish grant award requirements for municipalities or regions
  142  for the purpose of receiving grant awards. Grant applicants must
  143  demonstrate and document the adoption of emerging technologies
  144  and their impact on the transportation system and must address
  145  at least the following focus areas:
  146         (a)Autonomous vehicles.
  147         (b)Connected vehicles.
  148         (c)Sensor-based infrastructure.
  149         (d)Collecting and using data.
  150         (e) Electric vehicles, including charging stations.
  151         (f)Developing strategic models and partnerships.
  152         (2)The goals of the grant program include, but are not
  153  limited to:
  154         (a)Identifying transportation challenges and identifying
  155  how emerging technologies can address those challenges.
  156         (b)Determining the emerging technologies and strategies
  157  that have the potential to provide the most significant impacts.
  158         (c)Encouraging municipalities to take significant steps to
  159  integrate emerging technologies into their day-to-day
  160  operations.
  161         (d)Identifying the barriers to implementing the grant
  162  program and communicating those barriers to the Legislature and
  163  appropriate agencies and organizations.
  164         (e)Leveraging the initial grant to attract additional
  165  public and private investments.
  166         (f)Increasing the state’s competitiveness in the pursuit
  167  of grants from the United States Department of Transportation,
  168  the United States Department of Energy, and other federal
  169  agencies.
  170         (g)Committing to the continued operation of programs
  171  implemented in connection with the grant.
  172         (h)Serving as a model for municipalities nationwide.
  173         (i)Documenting the costs and impacts of the grant program
  174  and lessons learned during implementation.
  175         (j) Identifying solutions that will demonstrate local or
  176  regional economic impact.
  177         (3)The Department of Transportation shall develop
  178  eligibility, application, and selection criteria for the program
  179  grants and a plan for the promotion of the grant program to
  180  municipalities or regions of this state as an opportunity to
  181  compete for grant funding, including the award of grants to a
  182  single recipient and secondary grants to specific projects of
  183  merit within other applications. The Department of
  184  Transportation may contract with a third party that demonstrates
  185  knowledge and expertise in the focuses and goals of this section
  186  to provide guidance in the development of the requirements of
  187  this section.
  188         (4)On or before January 1, 2018, the Department of
  189  Transportation shall submit the grant program guidelines and
  190  plans for promotion of the grant program to the Governor, the
  191  President of the Senate, and the Speaker of the House of
  192  Representatives.
  193         (5) This section expires July 1, 2018.
  194         Section 2. Present paragraphs (c) and (d) of subsection (3)
  195  of section 316.545, Florida Statutes, are redesignated as
  196  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  197  added to that subsection, to read:
  198         316.545 Weight and load unlawful; special fuel and motor
  199  fuel tax enforcement; inspection; penalty; review.—
  200         (3)
  201         (c)1. For a vehicle fueled by natural gas, the fine is
  202  calculated by reducing the actual gross vehicle weight by the
  203  certified weight difference between the natural gas tank and
  204  fueling system and a comparable diesel tank and fueling system.
  205  Upon the request of a weight inspector or a law enforcement
  206  officer, the vehicle operator shall present a written
  207  certification that identifies the weight of the natural gas tank
  208  and fueling system and the difference in weight of a comparable
  209  diesel tank and fueling system. The written certification must
  210  originate from the vehicle manufacturer or the installer of the
  211  natural gas tank and fueling system.
  212         2. The actual gross vehicle weight for vehicles fueled by
  213  natural gas may not exceed 82,000 pounds, excluding the weight
  214  allowed for idle-reduction technology under paragraph (b).
  215         3. This paragraph does not apply to vehicles described in
  216  s. 316.535(6).
  217         Section 3. Effective upon the same date that SB 340 or
  218  similar legislation takes effect, if such legislation is adopted
  219  in the 2017 Regular Session or any extension thereof and becomes
  220  a law, section 316.851, Florida Statutes, is created to read:
  221         316.851 Autonomous vehicles; providing prearranged rides.—
  222         (1) An autonomous vehicle used by a transportation network
  223  company to provide a prearranged ride must be covered by
  224  automobile insurance as required by s. 627.748, regardless of
  225  whether a human operator is physically present within the
  226  vehicle when the ride occurs. When an autonomous vehicle is
  227  logged on to a digital network but is not engaged in a
  228  prearranged ride, the autonomous vehicle must maintain insurance
  229  coverage as defined in s. 627.748(7)(b).
  230         (2) An autonomous vehicle used to provide a transportation
  231  service shall carry in the vehicle proof of coverage satisfying
  232  the requirements of this section at all times while operating in
  233  autonomous mode.
  234         Section 4. Section 316.853, Florida Statutes, is created to
  235  read:
  236         316.853 Automated mobility districts.—
  237         (1) For the purpose of this section, an “automated mobility
  238  district” means a master planned development or combination of
  239  contiguous developments in which the deployment of autonomous
  240  vehicles as defined in s. 316.003 as the basis for a shared
  241  mobility system is a stated goal or objective of the development
  242  or developments.
  243         (2) The Department of Transportation shall designate
  244  automated mobility districts.
  245         (3) In determining the eligibility of a community for
  246  designation as an automated mobility district, the Department of
  247  Transportation shall consider applicable criteria from federal
  248  agencies for automated mobility districts and apply those
  249  criteria to eligible developments in this state.
  250         Section 5. Paragraph (a) of subsection (1) of section
  251  319.145, Florida Statutes, is amended to read:
  252         319.145 Autonomous vehicles.—
  253         (1) An autonomous vehicle registered in this state must
  254  continue to meet applicable federal standards and regulations
  255  for such motor vehicle. The vehicle must:
  256         (a) Have a system to safely alert the operator if an
  257  autonomous technology failure is detected while the autonomous
  258  technology is engaged. When an alert is given, the system must:
  259         1. Require the operator to take control of the autonomous
  260  vehicle; or
  261         2. If the human operator does not, or is not able to, take
  262  control of the autonomous vehicle, or if a human operator is not
  263  physically present in the vehicle, be capable of bringing the
  264  vehicle to a complete stop.
  265         Section 6. Subsection (2) of section 335.074, Florida
  266  Statutes, is amended to read:
  267         335.074 Safety inspection of bridges.—
  268         (2) At regular intervals as required by the Federal Highway
  269  Administration not to exceed 2 years, each bridge on a public
  270  transportation facility shall be inspected for structural
  271  soundness and safety for the passage of traffic on such bridge.
  272  The thoroughness with which bridges are to be inspected shall
  273  depend on such factors as age, traffic characteristics, state of
  274  maintenance, and known deficiencies. The governmental entity
  275  having maintenance responsibility for any such bridge shall be
  276  responsible for having inspections performed and reports
  277  prepared in accordance with the provisions contained herein.
  278         Section 7. Effective October 1, 2017, section 335.094,
  279  Florida Statutes, is created to read:
  280         335.094 Highway memorial markers; public safety awareness.—
  281         (1) In recognition of the department’s mission to provide a
  282  safe transportation system, the Legislature intends that the
  283  department allow the use of highway memorial markers at or near
  284  the location of traffic-related fatalities on the State Highway
  285  System to raise public awareness and remind motorists to drive
  286  safely by memorializing people who have died as a result of a
  287  traffic-related crash.
  288         (2) The department shall establish a process, including any
  289  forms deemed necessary by the department, for submitting
  290  applications for installation of a memorial marker as authorized
  291  in this section. Applications may be submitted to the department
  292  by:
  293         (a) A member of the decedent’s family, which includes the
  294  decedent’s spouse; a child, parent, or sibling of the decedent,
  295  whether biological, adopted, or step relation; and any lineal or
  296  collateral descendant of the decedent; or
  297         (b) Any individual who is responsible under the laws of
  298  this state for the disposition of the unclaimed remains of the
  299  decedent or for other matters relating to the interment or
  300  memorialization of the decedent.
  301         (3)The department shall establish criteria for the design
  302  and fabrication of memorial markers, including, but not limited
  303  to, marker components, fabrication material, and size.
  304         (4)(a)The department may install a round aluminum sign
  305  panel with white background and black letters uniformly
  306  inscribed “Drive Safely, In Memory Of” followed by the
  307  decedent’s name at no charge to the applicant.
  308         (b) Upon the request of the applicant and payment of a
  309  reasonable fee set by the department to offset production costs,
  310  memorial markers may incorporate the available emblems of belief
  311  approved by the United States Department of Veterans Affairs
  312  National Cemetery Administration. For purposes of this section,
  313  an “emblem of belief” means an emblem that represents the
  314  decedent’s religious affiliation or sincerely held religious
  315  belief system, or a sincerely held belief system that was
  316  functionally equivalent to a religious belief system in the life
  317  of the decedent. The religion or belief system represented by an
  318  emblem need not be associated with or endorsed by a church,
  319  group, or organized denomination. The term does not include
  320  emblems, graphics, logos, or symbols that relate to social,
  321  cultural, ethnic, civic, fraternal, trade, commercial,
  322  political, professional, or military status.
  323         (c)An applicant may request a new emblem of belief not
  324  specifically approved by the United States Department of
  325  Veterans Affairs National Cemetery Administration for
  326  inscription on a memorial marker as follows:
  327         1. The applicant must certify that the proposed new emblem
  328  of belief represents the decedent’s religious affiliation or
  329  sincerely held religious belief system, or a sincerely held
  330  belief system that was functionally equivalent to a religious
  331  belief system in the life of the decedent.
  332         2. In the absence of evidence to the contrary, the
  333  department shall accept as genuine an applicant’s statement of
  334  the religious or functionally equivalent belief system of a
  335  decedent.
  336         (d) If the department determines that any application under
  337  this section is incomplete, the department must notify the
  338  applicant in writing of any missing information and must notify
  339  the applicant in writing that no further action on the
  340  application will be taken until the missing information is
  341  provided.
  342         (5) The department shall place a memorial marker for any
  343  approved application at or near the location of the fatality in
  344  a fashion that reduces driver distraction and positions the
  345  marker as near the right-of-way line as possible.
  346         (6) Memorial markers are intended to remind passing
  347  motorists of the dangers of unsafe driving and are not intended
  348  for visitation. The department shall remove a memorial marker if
  349  the department determines the presence of the marker creates a
  350  safety hazard. In such cases, the department shall post a notice
  351  near where the marker was located indicating that the marker has
  352  been removed and provide contact information for pickup of the
  353  marker. The department shall store any removed markers for at
  354  least 60 days. If after 60 days the memorial is not claimed, the
  355  department may dispose of the marker as it deems necessary.
  356         Section 8. Paragraph (c) of subsection (6) of section
  357  337.11, Florida Statutes, is amended to read:
  358         337.11 Contracting authority of department; bids; emergency
  359  repairs, supplemental agreements, and change orders; combined
  360  design and construction contracts; progress payments; records;
  361  requirements of vehicle registration.—
  362         (6)
  363         (c) When the department determines that it is in the best
  364  interest of the public for reasons of public concern, economy,
  365  improved operations, or safety, and only for contracts for
  366  construction and maintenance which do not exceed $250,000 when
  367  circumstances dictate rapid completion of the work, the
  368  department may, up to the amount of $120,000, enter into
  369  contracts for construction and maintenance without advertising
  370  and receiving competitive bids. The department may enter into
  371  such contracts only upon a determination that the work is
  372  necessary for one of the following reasons:
  373         1. To ensure timely completion of projects or avoidance of
  374  undue delay for other projects;
  375         2. To accomplish minor repairs or construction and
  376  maintenance activities for which time is of the essence and for
  377  which significant cost savings would occur; or
  378         3. To accomplish nonemergency work necessary to ensure
  379  avoidance of adverse conditions that affect the safe and
  380  efficient flow of traffic.
  382  The department shall make a good faith effort to obtain two or
  383  more quotes, if available, from qualified contractors before
  384  entering into any contract. The department shall give
  385  consideration to disadvantaged business enterprise
  386  participation. However, when the work exists within the limits
  387  of an existing contract, the department shall make a good faith
  388  effort to negotiate and enter into a contract with the prime
  389  contractor on the existing contract.
  390         Section 9. Subsection (5) is added to section 338.227,
  391  Florida Statutes, to read:
  392         338.227 Turnpike revenue bonds.—
  393         (5) Notwithstanding s. 215.82, bonds issued pursuant to
  394  this section are not required to be validated pursuant to
  395  chapter 75 but may be validated at the option of the Division of
  396  Bond Finance. Any complaint about such validation must be filed
  397  in the circuit court of the county in which the seat of state
  398  government is situated, and the clerk shall publish the notice
  399  as required by s. 75.06 only in the county in which the
  400  complaint is filed. The complaint and order of the circuit court
  401  must be served on the state attorney of the circuit in which the
  402  action is pending.
  403         Section 10. Paragraph (e) of subsection (7) of section
  404  339.135, Florida Statutes, is amended to read:
  405         339.135 Work program; legislative budget request;
  406  definitions; preparation, adoption, execution, and amendment.—
  408         (e) Notwithstanding paragraphs (d), and (g), and (h) and
  409  ss. 216.177(2) and 216.351, the secretary may request the
  410  Executive Office of the Governor to amend the adopted work
  411  program when an emergency exists, as defined in s. 252.34, and
  412  the emergency relates to the repair or rehabilitation of any
  413  state transportation facility. The Executive Office of the
  414  Governor may approve the amendment to the adopted work program
  415  and amend that portion of the department’s approved budget if a
  416  delay incident to the notification requirements in paragraph (d)
  417  would be detrimental to the interests of the state. However, the
  418  department shall immediately notify the parties specified in
  419  paragraph (d) and provide such parties written justification for
  420  the emergency action within 7 days after approval by the
  421  Executive Office of the Governor of the amendment to the adopted
  422  work program and the department’s budget. The adopted work
  423  program may not be amended under this subsection without
  424  certification by the comptroller of the department that there
  425  are sufficient funds available pursuant to the 36-month cash
  426  forecast and applicable statutes.
  427         Section 11. Section 339.2405, Florida Statutes, is amended
  428  to read:
  429         339.2405 Florida Highway Beautification Grant Program
  430  Council.—
  431         (1) There is created within the Department of
  432  Transportation the Florida Highway Beautification Grant Program
  433  for the purpose of awarding grants to local governmental
  434  entities for beautification of roads on the State Highway System
  435  as provided in subsections (3) and (4). The department shall
  436  Council. It shall consist of seven members appointed by the
  437  Governor. All appointed members must be residents of this state.
  438  One member must be a licensed landscape architect, one member
  439  must be a representative of the Florida Federation of Garden
  440  Clubs, Inc., one member must be a representative of the Florida
  441  Nurserymen and Growers Association, one member must be a
  442  representative of the department as designated by the head of
  443  the department, one member must be a representative of the
  444  Department of Agriculture and Consumer Services, and two members
  445  must be private citizens. The members of the council shall serve
  446  at the pleasure of the Governor.
  447         (2) Each chair shall be selected by the council members and
  448  shall serve a 2-year term.
  449         (3) The council shall meet no less than semiannually at the
  450  call of the chair or, in the chair’s absence or incapacity, at
  451  the call of the head of the department. Four members shall
  452  constitute a quorum for the purpose of exercising all of the
  453  powers of the council. A vote of the majority of the members
  454  present shall be sufficient for all actions of the council.
  455         (4) The council members shall serve without pay but shall
  456  be entitled to per diem and travel expenses pursuant to s.
  457  112.061.
  458         (5) A member of the council may not participate in any
  459  discussion or decision to recommend grants to any qualified
  460  local government with which the member is associated as a member
  461  of the governing body or as an employee or with which the member
  462  has entered into a contractual arrangement.
  463         (6) The council may prescribe, amend, and repeal bylaws
  464  governing the manner in which the business of the council is
  465  conducted.
  466         (7)(a) The duties of the council shall be to:
  467         (a)1. Provide information to local governments and local
  468  highway beautification councils regarding the state highway
  469  beautification grants program.
  470         (b)2. Accept grant requests from local governments.
  471         (c)3. Review grant requests for compliance with department
  472  council rules.
  473         (d)4. Establish rules for evaluating and prioritizing the
  474  grant requests. The rules must include, but are not limited to,
  475  an examination of each grant’s aesthetic value, cost
  476  effectiveness, level of local support, feasibility of
  477  installation and maintenance, and compliance with state and
  478  federal regulations. Rules adopted by the department council
  479  which it uses to evaluate grant applications must take into
  480  consideration the contributions made by the highway
  481  beautification project in preventing litter.
  482         (e)5. Maintain a prioritized list of approved grant
  483  requests. The list must include recommended funding levels for
  484  each request and, if staged implementation is appropriate,
  485  funding requirements for each stage shall be provided.
  486         6. Assess the feasibility of planting and maintaining
  487  indigenous wildflowers and plants, instead of sod groundcovers,
  488  along the rights-of-way of state roads and highways. In making
  489  such assessment, the council shall utilize data from other
  490  states which include indigenous wildflower and plant species in
  491  their highway vegetative management systems.
  492         (b) The council may, at the request of the head of the
  493  department, review and make recommendations on any other highway
  494  beautification matters relating to the State Highway System.
  495         (8) The head of the department shall provide from existing
  496  personnel such staff support services to the council as are
  497  necessary to enable the council to fulfill its duties and
  498  responsibilities.
  499         (2)(9) Local highway beautification councils may be created
  500  by local governmental entities or by the Legislature. Prior to
  501  being submitted to the department council, a grant request must
  502  be approved by the local government or governments of the area
  503  in which the project is located.
  504         (3)(10) The head of the department, after receiving
  505  recommendations from the council, shall award grants to local
  506  governmental entities that have submitted grant requests for
  507  beautification of roads on the State Highway System and which
  508  requests are on the council’s approved list. The grants shall be
  509  awarded in the order they appear on the council’s prioritized
  510  list and in accordance with available funding.
  511         (4)(11) State highway beautification grants may be
  512  requested only for projects to beautify through landscaping
  513  roads on the State Highway System. The grant request shall
  514  identify all costs associated with the project, including
  515  sprinkler systems, plant materials, equipment, and labor. A
  516  grant shall provide for the costs of purchase and installation
  517  of a sprinkler system, the cost of plant materials and
  518  fertilizer, and may provide for the costs for labor associated
  519  with the installation of the plantings. Each local government
  520  that receives a grant is shall be responsible for any costs for
  521  water, for the maintenance of the sprinkler system, for the
  522  maintenance of the landscaped areas in accordance with a
  523  maintenance agreement with the department, and, except as
  524  otherwise provided in the grant, for any costs for labor
  525  associated with the installation of the plantings. The
  526  department may provide, by contract, services to maintain such
  527  landscaping at a level not to exceed the cost of routine
  528  maintenance of an equivalent unlandscaped area.
  529         (12) The council shall annually submit to the head of the
  530  Department of Transportation a proposal recommending the level
  531  of grant funding.
  532         Section 12. Section 343.52, Florida Statutes, is reordered
  533  and amended to read:
  534         343.52 Definitions.—As used in this part, the term:
  535         (2)(1) “Authority” means the South Florida Regional
  536  Transportation Authority.
  537         (3)(2) “Board” means the governing body of the authority.
  538         (4) “Department” means the Department of Transportation.
  539         (1)(3) “Area served” means Miami-Dade, Broward, and Palm
  540  Beach Counties. However, this area may be expanded by mutual
  541  consent of the authority and the board of county commissioners
  542  of Monroe County. The authority may not expand into any
  543  additional counties without the department’s prior written
  544  approval.
  545         (8)(4) “Transit system” means a system used for the
  546  transportation of people and goods by means of, without
  547  limitation, a street railway, an elevated railway having a fixed
  548  guideway, a commuter railroad, a subway, motor vehicles, or
  549  motor buses, and includes a complete system of tracks, stations,
  550  and rolling stock necessary to effectuate passenger service to
  551  or from the surrounding regional municipalities.
  552         (7)(5) “Transit facilities” means property, avenues of
  553  access, equipment, or buildings built and installed in Miami
  554  Dade, Broward, and Palm Beach Counties which are required to
  555  support a transit system.
  556         (6) “Member” means the individuals constituting the board.
  557         (5)(7) “Feeder transit services” means a transit system
  558  that transports passengers to or from stations within or across
  559  counties.
  560         Section 13. Present subsections (4) and (5) of section
  561  343.54, Florida Statutes, are redesignated as subsections (5)
  562  and (6), respectively, and a new subsection (4) is added to that
  563  section, to read:
  564         343.54 Powers and duties.—
  565         (4) Notwithstanding any other provision of this part, the
  566  authority may not enter into, extend, or renew any contract or
  567  other agreement under this part without the department’s prior
  568  review and written approval of the authority’s proposed
  569  expenditures if such contract or agreement may be funded, in
  570  whole or in part, with funds provided by the department.
  571         Section 14. Paragraph (c) of subsection (4) of section
  572  343.58, Florida Statutes, is amended to read:
  573         343.58 County funding for the South Florida Regional
  574  Transportation Authority.—
  575         (4) Notwithstanding any other provision of law to the
  576  contrary and effective July 1, 2010, until as provided in
  577  paragraph (d), the department shall transfer annually from the
  578  State Transportation Trust Fund to the South Florida Regional
  579  Transportation Authority the amounts specified in subparagraph
  580  (a)1. or subparagraph (a)2.
  581         (c)1. Funds provided to the authority by the department
  582  under this subsection constitute state financial assistance
  583  provided to a nonstate entity to carry out a state project
  584  subject to the provisions of ss. 215.97 and 215.971. The
  585  department shall provide the funds in accordance with the terms
  586  of a written agreement to be entered into between the authority
  587  and the department which shall provide for department review,
  588  approval and audit of authority expenditure of such funds, and
  589  shall include such other provisions as are required by
  590  applicable law. The department is specifically authorized to
  591  agree to advance the authority one-fourth of the total funding
  592  provided under this subsection for a state fiscal year at the
  593  beginning of each state fiscal year, with monthly payments over
  594  the fiscal year on a reimbursement basis as supported by
  595  invoices and such additional documentation and information as
  596  the department may reasonably require, and a reconciliation of
  597  the advance against remaining invoices in the last quarter of
  598  the fiscal year may not be committed by the authority without
  599  the approval of the department, which may not be unreasonably
  600  withheld. At least 90 days before advertising any procurement or
  601  renewing any existing contract that will rely on state funds for
  602  payment, the authority shall notify the department of the
  603  proposed procurement or renewal and the proposed terms thereof.
  604  If the department, within 60 days after receipt of notice,
  605  objects in writing to the proposed procurement or renewal,
  606  specifying its reasons for objection, the authority may not
  607  proceed with the proposed procurement or renewal. Failure of the
  608  department to object in writing within 60 days after notice
  609  shall be deemed consent. This requirement does not impair or
  610  cause the authority to cancel contracts that exist as of June
  611  30, 2012.
  612         2. To enable the department to evaluate the authority’s
  613  proposed uses of state funds, the authority shall annually
  614  provide the department with its proposed budget for the
  615  following authority fiscal year and shall promptly provide the
  616  department with any additional documentation or information
  617  required by the department for its evaluation of the proposed
  618  uses of the state funds.
  619         Section 15. Subsection (2) of section 215.82, Florida
  620  Statutes, is amended to read:
  621         215.82 Validation; when required.—
  622         (2) Any bonds issued pursuant to this act which are
  623  validated shall be validated in the manner provided by chapter
  624  75. In actions to validate bonds to be issued in the name of the
  625  State Board of Education under s. 9(a) and (d), Art. XII of the
  626  State Constitution and bonds to be issued pursuant to chapter
  627  259, the Land Conservation Program, the complaint shall be filed
  628  in the circuit court of the county where the seat of state
  629  government is situated, the notice required to be published by
  630  s. 75.06 shall be published only in the county where the
  631  complaint is filed, and the complaint and order of the circuit
  632  court shall be served only on the state attorney of the circuit
  633  in which the action is pending. In any action to validate bonds
  634  issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
  635  Art. XII of the State Constitution or issued pursuant to s.
  636  215.605 or s. 338.227, the complaint shall be filed in the
  637  circuit court of the county where the seat of state government
  638  is situated, the notice required to be published by s. 75.06
  639  shall be published in a newspaper of general circulation in the
  640  county where the complaint is filed and in two other newspapers
  641  of general circulation in the state, and the complaint and order
  642  of the circuit court shall be served only on the state attorney
  643  of the circuit in which the action is pending; provided,
  644  however, that if publication of notice pursuant to this section
  645  would require publication in more newspapers than would
  646  publication pursuant to s. 75.06, such publication shall be made
  647  pursuant to s. 75.06.
  648         Section 16. Paragraph (d) of subsection (2) of section
  649  343.53, Florida Statutes, is amended to read:
  650         343.53 South Florida Regional Transportation Authority.—
  651         (2) The governing board of the authority shall consist of
  652  10 voting members, as follows:
  653         (d) If the authority’s service area is expanded pursuant to
  654  s. 343.54(6) s. 343.54(5), the county containing the new service
  655  area shall have two members appointed to the board as follows:
  656         1. The county commission of the county shall elect a
  657  commissioner as that commission’s representative on the board.
  658  The commissioner must be a member of the county commission when
  659  elected and for the full extent of his or her term.
  660         2. The Governor shall appoint a citizen member to the board
  661  who is not a member of the county commission but who is a
  662  resident and a qualified elector of that county.
  663         Section 17. Section 427.011, Florida Statutes, is reordered
  664  and amended to read:
  665         427.011 Definitions.—For the purposes of ss. 427.011
  666  427.017:
  667         (9)(1) “Transportation disadvantaged” means those persons
  668  who because of physical or mental disability, income status, or
  669  age are unable to transport themselves or to purchase
  670  transportation and are, therefore, dependent upon others to
  671  obtain access to health care, employment, education, shopping,
  672  social activities, or other life-sustaining activities, or
  673  children who are handicapped or high-risk or at-risk as defined
  674  in s. 411.202.
  675         (5)(2) “Metropolitan planning organization” means the
  676  organization responsible for carrying out transportation
  677  planning and programming in accordance with the provisions of 23
  678  U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
  679         (1)(3) “Agency” means an official, officer, commission,
  680  authority, council, committee, department, division, bureau,
  681  board, section, or any other unit or entity of the state or of a
  682  city, town, municipality, county, or other local governing body
  683  or a private nonprofit transportation service-providing agency.
  684         (11)(4) “Transportation improvement program” means a staged
  685  multiyear program of transportation improvements, including an
  686  annual element, which is developed by a metropolitan planning
  687  organization or designated official planning agency.
  688         (2)(5) “Community transportation coordinator” means a
  689  transportation entity recommended by a metropolitan planning
  690  organization, or by the appropriate designated official planning
  691  agency as provided for in ss. 427.011-427.017 in an area outside
  692  the purview of a metropolitan planning organization, to ensure
  693  that coordinated transportation services are provided to the
  694  transportation disadvantaged population in a designated service
  695  area.
  696         (12)(6) “Transportation operator” means one or more public,
  697  private for-profit, or private nonprofit entities engaged by the
  698  community transportation coordinator to provide service to
  699  transportation disadvantaged persons pursuant to a coordinated
  700  system service plan.
  701         (3)(7) “Coordinating board” means an advisory entity in
  702  each designated service area composed of representatives
  703  appointed by the metropolitan planning organization or
  704  designated official planning agency, to provide assistance to
  705  the community transportation coordinator relative to the
  706  coordination of transportation services.
  707         (8) “Purchasing agency” means a department or agency whose
  708  head is an ex officio, nonvoting adviser to the commission, or
  709  an agency that purchases transportation services for the
  710  transportation disadvantaged.
  711         (7)(9) “Paratransit” means those elements of public transit
  712  which provide service between specific origins and destinations
  713  selected by the individual user with such service being provided
  714  at a time that is agreed upon by the user and provider of the
  715  service. Paratransit service is provided by taxis, limousines,
  716  “dial-a-ride,” buses, transportation network companies, and
  717  other demand-responsive operations that are characterized by
  718  their nonscheduled, nonfixed route nature.
  719         (10) “Transportation disadvantaged funds” means any local
  720  government, state, or available federal funds that are for the
  721  transportation of the transportation disadvantaged. Such funds
  722  may include, but are not limited to, funds for planning,
  723  Medicaid transportation, administration, operation, procurement,
  724  and maintenance of vehicles or equipment and capital
  725  investments. Transportation disadvantaged funds do not include
  726  funds for the transportation of children to public schools.
  727         (4)(11) “Coordination” means the arrangement for the
  728  provision of transportation services to the transportation
  729  disadvantaged in a manner that is cost-effective, efficient, and
  730  reduces fragmentation and duplication of services.
  731         (6)(12) “Nonsponsored transportation disadvantaged
  732  services” means transportation disadvantaged services that are
  733  not sponsored or subsidized by any funding source other than the
  734  Transportation Disadvantaged Trust Fund.
  735         Section 18. The Secretary of Transportation may enroll the
  736  State of Florida in any federal pilot program or project for the
  737  collection and study of data for the review of federal or state
  738  roadway safety, infrastructure sustainability, congestion
  739  mitigation, transportation system efficiency, autonomous vehicle
  740  technology, or capacity challenges.
  741         Section 19. Except as otherwise provided in this act, this
  742  act shall take effect July 1, 2017.