Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. SB 1038
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Diaz moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 70 and 71
    4  insert:
    5         Section 2. Section 348.0302, Florida Statutes, is repealed.
    6         Section 3. Subsection (4) of section 348.0303, Florida
    7  Statutes, is amended to read:
    8         348.0303 Definitions.—As used in the this part, the term:
    9         (4)“County” means a county as defined in s. 125.011(1).
   10         Section 4. Subsection (1) and paragraphs (a) and (b) of
   11  subsection (2) of section 348.0304, Florida Statutes, are
   12  amended to read:
   13         348.0304 Greater Miami Expressway Agency.—
   14         (1) There is hereby created and established a body politic
   15  and corporate, an agency of the state, to be known as the
   16  “Greater Miami Expressway Agency.” The agency shall serve the
   17  area within the geographical boundaries of Miami-Dade County and
   18  that portion of Monroe County located north of C.R. 94.
   19         (2)(a) The governing body of the agency shall consist of
   20  nine voting members. Except for the district secretary of the
   21  department, Each voting member must be a permanent resident of
   22  the county he or she is appointed to represent and may not hold,
   23  or have held in the previous 2 years, elected or appointed
   24  office in such the county. Each member may only serve two terms
   25  of 4 years each. Four members shall be appointed by the
   26  Governor, one of whom must be a member of the metropolitan
   27  planning organization for a the county served by the agency.
   28  Each county served by the agency shall be represented by the
   29  following:
   30         1.One member Two members, who must be a resident residents
   31  of an unincorporated portion of the county who resides residing
   32  within 15 miles of an area with the highest amount of agency
   33  toll roads, shall be appointed by the board of county
   34  commissioners of the county.
   35         2.One member Two members, who must be a resident residents
   36  of an incorporated municipality municipalities within the
   37  county, shall be appointed by the metropolitan planning
   38  organization for the county.
   40  The district secretary of the department serving in the district
   41  that contains the two counties county shall serve as an ex
   42  officio voting member of the governing body.
   43         (b) Initial appointments to the governing body of the
   44  agency shall be made by July 31, 2019. For the initial
   45  appointments:
   46         1. The Governor shall appoint one member for a term of 1
   47  year, one member for a term of 2 years, one member for a term of
   48  3 years, and one member for a term of 4 years.
   49         2. Each The board of county commissioners shall appoint one
   50  member for a term of 1 year and one member for a term of 3
   51  years.
   52         3. The metropolitan planning organization shall appoint one
   53  member for a term of 2 years and one member for a term of 4
   54  years.
   55         Section 5. Paragraph (b) of subsection (1), paragraph (f)
   56  of subsection (2), and subsections (6) and (8) of section
   57  348.0306, Florida Statutes, are amended to read:
   58         348.0306 Purposes and powers.—
   59         (1)
   60         (b) The agency, in the construction of an expressway
   61  system, may shall construct expressways. Construction of an
   62  expressway system may be completed in segments, phases, or
   63  stages in a manner that will permit the expansion of these
   64  segments, phases, or stages to the desired expressway
   65  configuration. The agency, in the construction of an expressway
   66  system, may construct any extensions of, additions to, or
   67  improvements to the expressway system or appurtenant facilities,
   68  including all necessary approaches, roads, bridges, and avenues
   69  of access, with such changes, modifications, or revisions of the
   70  project that are deemed desirable and proper. For new capacity
   71  projects, the agency shall use the department’s design standards
   72  and, to the maximum extent practicable, design facilities such
   73  as the department would for high-speed limited access
   74  facilities. The agency may only add additional expressways to an
   75  expressway system, under the terms and conditions set forth in
   76  this act, with the prior express written consent of the board of
   77  county commissioners of a the county served by the agency, and
   78  only if such additional expressways lack adequate committed
   79  funding for implementation, are financially feasible, and are
   80  compatible with the existing plans, projects, and programs of
   81  the agency.
   82         (2) The agency may exercise all powers necessary,
   83  appurtenant, convenient, or incidental to the carrying out of
   84  its purposes, including, but not limited to, the following
   85  rights and powers:
   86         (f) To borrow money, make and issue negotiable notes,
   87  bonds, refund bonds, and other evidence of indebtedness of the
   88  agency, which bonds or other evidence of indebtedness may be
   89  issued pursuant to the State Bond Act or, in the alternative,
   90  pursuant to s. 348.0309(2) to finance or refinance additions,
   91  extensions, or improvements to the expressway system within the
   92  geographic boundaries of the agency, and to provide for the
   93  security of the bonds or other evidence of indebtedness and the
   94  rights and remedies of the holders of the bonds or other
   95  evidence of indebtedness. Any bonds or other evidence of
   96  indebtedness pledging the full faith and credit of the state may
   97  only be issued pursuant to the State Bond Act.
   98         1. The agency shall reimburse the counties county in which
   99  it exists for any sums expended from any county gasoline tax
  100  funds used for payment of such obligations. Any county gasoline
  101  tax funds so disbursed shall be repaid in accordance with the
  102  terms of any lease-purchase or interlocal agreement with any
  103  county or the department together with interest, at the rate
  104  agreed to in such agreement. In no event shall any county
  105  gasoline tax funds be more than a secondary pledge of revenues
  106  for repayment of any obligations issued pursuant to this part.
  107         2. The agency may refund any bonds previously issued, to
  108  the extent allowable by federal tax laws, to finance or
  109  refinance an expressway system located within the geographic
  110  boundaries of the agency regardless of whether the bonds being
  111  refunded were issued by such agency, an agency of the state, or
  112  a county.
  113         (6) Notwithstanding subsection (3) or any other provision
  114  of law to the contrary, the agency may not undertake any
  115  construction that is not consistent with both a the metropolitan
  116  planning organization’s transportation improvement program and a
  117  the county’s comprehensive plan in an area served by the agency.
  118         (8) The governing body of a the county served by the agency
  119  may enter into an interlocal agreement with the agency pursuant
  120  to s. 163.01 for the joint performance or performance by either
  121  governmental entity of any corporate function of the county or
  122  agency necessary or appropriate to enable the agency to fulfill
  123  the powers and purposes of this part and promote the efficient
  124  and effective transportation of persons and goods in such
  125  county.
  126         Section 6. Subsection (2) of section 348.0307, Florida
  127  Statutes, is amended to read:
  128         348.0307 Greater Miami Toll Rebate Program.—There is
  129  created by the agency the Greater Miami Toll Rebate Program.
  130         (2) Monthly rebates shall be credited to the account of
  131  each SunPass holder who incurs $12.50 or more in tolls on the
  132  expressway system each month and whose SunPass is registered to
  133  a motor vehicle registered to an address in a the county served
  134  by the agency.
  135         Section 7. Paragraph (c) of subsection (2) of section
  136  348.0309, Florida Statutes, is amended to read:
  137         348.0309 Bonds.—
  138         (2)
  139         (c) Such bonds shall be sold by the agency at public sale
  140  by competitive bid. However, if the agency, after receipt of a
  141  written recommendation from a financial adviser, determines by
  142  official action after public hearing by a two-thirds vote of all
  143  voting members of the agency that a negotiated sale of the bonds
  144  is in the best interest of the agency, the agency may negotiate
  145  for sale of the bonds with the underwriter or underwriters
  146  designated by the agency and the counties county in which the
  147  agency exists. The agency shall provide specific findings in a
  148  resolution as to the reasons requiring the negotiated sale,
  149  which resolution shall incorporate and have attached thereto the
  150  written recommendation of the financial adviser required by this
  151  subsection.
  152         Section 8. Subsection (2) of section 348.0315, Florida
  153  Statutes, is amended to read:
  154         348.0315 Public accountability.—
  155         (2) Beginning October 1, 2020, and annually thereafter, the
  156  agency shall submit to the metropolitan planning organization
  157  for each the county served by the agency a report providing
  158  information regarding the amount of tolls collected and how
  159  those tolls were used in the agency’s previous fiscal year. The
  160  report shall be posted on the agency’s website.
  161         Section 9. Subsection (1) of section 348.0318, Florida
  162  Statutes, is amended to read:
  163         348.0318 This part complete and additional authority.—
  164         (1) The powers conferred by this part are in addition and
  165  supplemental to the existing powers of the department and the
  166  governing body of the agency, and this part may not be construed
  167  as repealing any of the provisions of any other law, general,
  168  special, or local, but to supersede such other laws in the
  169  exercise of the powers provided in this part and to provide a
  170  complete method for the exercise of the powers granted in this
  171  part. The extension and improvement of the expressway system,
  172  and the issuance of bonds pursuant to this part to finance all
  173  or part of the cost of the system, may be accomplished upon
  174  compliance with the provisions of this part without regard to or
  175  necessity for compliance with the provisions, limitations, or
  176  restrictions contained in any other general, special, or local
  177  law, including, but not limited to, s. 215.821, and no approval
  178  of any bonds issued under this part by the qualified electors or
  179  qualified electors who are freeholders in the state, or in
  180  Miami-Dade County, in Monroe County, or in any other political
  181  subdivision of the state, is required for the issuance of such
  182  bonds pursuant to this part, including, but not limited to, s.
  183  215.821.
  185  ================= T I T L E  A M E N D M E N T ================
  186  And the title is amended as follows:
  187         Delete lines 2 - 14
  188  and insert:
  189         An act relating to transportation systems; amending s.
  190         311.09, F.S.; revising the membership of the Florida
  191         Seaport Transportation and Economic Development
  192         Council to include a representative of Putnam County;
  193         authorizing Putnam County to apply for a grant for a
  194         port feasibility study through the Florida Seaport
  195         Transportation and Economic Development Council;
  196         providing for the evaluation of the application;
  197         requiring the Department of Transportation to include
  198         the study in its budget request under certain
  199         circumstances; terminating the membership of Putnam
  200         County on the council under certain circumstances;
  201         repealing s. 348.0302, F.S., relating to applicability
  202         regarding the Greater Miami Expressway Agency Act;
  203         amending s. 348.0303, F.S.; deleting the definition of
  204         the term “county”; amending s. 348.0304, F.S.;
  205         expanding the Greater Miami Expressway Agency to serve
  206         a certain portion of Monroe County; conforming
  207         provisions relating to appointment to and membership
  208         of the governing body of the agency; amending s.
  209         348.0306, F.S.; authorizing, rather than requiring,
  210         the agency to construct expressways; conforming
  211         provisions to changes made by the act; amending ss.
  212         348.0307, 348.0309, 348.0315, and 348.0318, F.S.;
  213         conforming provisions to changes made by the act;