Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 842
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Artiles) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 389 - 456
    4  and insert:
    5         Section 2. Section 343.52, Florida Statutes, is reordered
    6  and amended to read:
    7         343.52 Definitions.—As used in this part, the term:
    8         (2)(1) “Authority” means the South Florida Regional
    9  Transportation Authority.
   10         (3)(2) “Board” means the governing body of the authority.
   11         (1)(3) “Area served” means Miami-Dade, Broward, and Palm
   12  Beach Counties. However, this area may be expanded by mutual
   13  consent of the authority and the board of county commissioners
   14  of Monroe County. The authority may not expand into any
   15  additional counties without the department’s prior written
   16  approval.
   17         (4) “Department” means the Department of Transportation.
   18         (8)(4) “Transit system” means a system used for the
   19  transportation of people and goods by means of, without
   20  limitation, a street railway, an elevated railway having a fixed
   21  guideway, a commuter railroad, a subway, motor vehicles, or
   22  motor buses, and includes a complete system of tracks, stations,
   23  and rolling stock necessary to effectuate passenger service to
   24  or from the surrounding regional municipalities.
   25         (7)(5) “Transit facilities” means property, avenues of
   26  access, equipment, or buildings built and installed in Miami
   27  Dade, Broward, and Palm Beach Counties which are required to
   28  support a transit system.
   29         (6) “Member” means the individuals constituting the board.
   30         (5)(7) “Feeder transit services” means a transit system
   31  that transports passengers to or from stations within or across
   32  counties.
   33         Section 3. Paragraph (d) of subsection (2) of section
   34  343.53, Florida Statutes, is amended to read:
   35         343.53 South Florida Regional Transportation Authority.—
   36         (2) The governing board of the authority shall consist of
   37  10 voting members, as follows:
   38         (d) If the authority’s service area is expanded pursuant to
   39  s. 343.54(6) s. 343.54(5), the county containing the new service
   40  area shall have two members appointed to the board as follows:
   41         1. The county commission of the county shall elect a
   42  commissioner as that commission’s representative on the board.
   43  The commissioner must be a member of the county commission when
   44  elected and for the full extent of his or her term.
   45         2. The Governor shall appoint a citizen member to the board
   46  who is not a member of the county commission but who is a
   47  resident and a qualified elector of that county.
   48         Section 4. Present subsections (4) and (5) of section
   49  343.54, Florida Statutes, are renumbered as subsections (5) and
   50  (6), respectively, and a new subsection (4) is added to that
   51  section, to read:
   52         343.54 Powers and duties.—
   53         (4) Notwithstanding any other provision of this part, the
   54  authority may not enter into, extend, or renew any contract or
   55  other agreement that may be funded, in whole or in part, with
   56  funds provided by the department without the prior review and
   57  written approval by the department of the authority’s proposed
   58  expenditures.
   59         Section 5. Paragraph (c) of subsection (4) of section
   60  343.58, Florida Statutes, is amended to read:
   61         343.58 County funding for the South Florida Regional
   62  Transportation Authority.—
   63         (4) Notwithstanding any other provision of law to the
   64  contrary and effective July 1, 2010, until as provided in
   65  paragraph (d), the department shall transfer annually from the
   66  State Transportation Trust Fund to the South Florida Regional
   67  Transportation Authority the amounts specified in subparagraph
   68  (a)1. or subparagraph (a)2.
   69         (c)1. Funds provided to the authority by the department
   70  under this subsection constitute state financial assistance
   71  provided to a nonstate entity to carry out a state project
   72  subject to the provisions of s. 215.97 and s. 215.971. The
   73  department shall provide the funds in accordance with the terms
   74  of a written agreement to be entered into between the authority
   75  and the department which shall provide for department review,
   76  approval and audit of authority expenditure of such funds, and
   77  shall include such other provisions as are required by
   78  applicable law. The department is specifically authorized to
   79  agree to advance the authority one-fourth of the total funding
   80  provided under this subsection for a state fiscal year at the
   81  beginning of each state fiscal year, with monthly payments over
   82  the fiscal year on a reimbursement basis as supported by
   83  invoices and such additional documentation and information as
   84  the department may reasonably require, and a reconciliation of
   85  the advance against remaining invoices in the last quarter of
   86  the fiscal year may not be committed by the authority without
   87  the approval of the department, which may not be unreasonably
   88  withheld. At least 90 days before advertising any procurement or
   89  renewing any existing contract that will rely on state funds for
   90  payment, the authority shall notify the department of the
   91  proposed procurement or renewal and the proposed terms thereof.
   92  If the department, within 60 days after receipt of notice,
   93  objects in writing to the proposed procurement or renewal,
   94  specifying its reasons for objection, the authority may not
   95  proceed with the proposed procurement or renewal. Failure of the
   96  department to object in writing within 60 days after notice
   97  shall be deemed consent. This requirement does not impair or
   98  cause the authority to cancel contracts that exist as of June
   99  30, 2012.
  100         2. To enable the department to evaluate the authority’s
  101  proposed uses of state funds, the authority shall annually
  102  provide the department with its proposed budget for the
  103  following authority fiscal year and shall promptly provide the
  104  department with any additional documentation or information
  105  required by the department for its evaluation of the proposed
  106  uses of the state funds.
  108  ================= T I T L E  A M E N D M E N T ================
  109  And the title is amended as follows:
  110         Delete lines 9 - 14
  111  and insert:
  112         requirements; amending s. 343.52, F.S.; defining the
  113         term “department”; amending s. 343.53, F.S.;
  114         conforming a cross-reference; amending s. 343.54,
  115         F.S.; prohibiting the South Florida Regional
  116         Transportation Authority from entering into,
  117         extending, or renewing certain contracts or agreements
  118         without the Department of Transportation’s approval of
  119         the authority’s expenditures; amending s. 343.58,
  120         F.S.; providing that certain funds constitute state
  121         financial assistance for specified purposes; requiring
  122         that certain funds be paid pursuant to a written
  123         agreement between the department and the authority;
  124         providing certain required terms for the written
  125         agreement between the department and the authority;
  126         authorizing the department to advance the authority
  127         certain funding, subject to certain requirements;
  128         requiring the authority to promptly provide the
  129         department with any additional documentation or
  130         information required by the department for its
  131         evaluation of the proposed uses of certain state
  132         funds; amending s. 341.302, F.S.;