Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 385, 1st Eng.
       
       
       
       
       
       
                                Ì869784`Î869784                         
       
                              LEGISLATIVE ACTION                        
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  20.23, Florida Statutes, is amended to read:
    7         20.23 Department of Transportation.—There is created a
    8  Department of Transportation which shall be a decentralized
    9  agency.
   10         (2)
   11         (b) The commission shall:
   12         1. Recommend major transportation policies for the
   13  Governor’s approval and assure that approved policies and any
   14  revisions are properly executed.
   15         2. Periodically review the status of the state
   16  transportation system including highway, transit, rail, seaport,
   17  intermodal development, and aviation components of the system
   18  and recommend improvements to the Governor and the Legislature.
   19         3. Perform an in-depth evaluation of the annual department
   20  budget request, the Florida Transportation Plan, and the
   21  tentative work program for compliance with all applicable laws
   22  and established departmental policies. Except as specifically
   23  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
   24  not consider individual construction projects, but shall
   25  consider methods of accomplishing the goals of the department in
   26  the most effective, efficient, and businesslike manner.
   27         4. Monitor the financial status of the department on a
   28  regular basis to assure that the department is managing revenue
   29  and bond proceeds responsibly and in accordance with law and
   30  established policy.
   31         5. Monitor on at least a quarterly basis, the efficiency,
   32  productivity, and management of the department using performance
   33  and production standards developed by the commission pursuant to
   34  s. 334.045.
   35         6. Perform an in-depth evaluation of the factors causing
   36  disruption of project schedules in the adopted work program and
   37  recommend to the Governor and the Legislature methods to
   38  eliminate or reduce the disruptive effects of these factors.
   39         7. Recommend to the Governor and the Legislature
   40  improvements to the department’s organization in order to
   41  streamline and optimize the efficiency of the department. In
   42  reviewing the department’s organization, the commission shall
   43  determine if the current district organizational structure is
   44  responsive to this state’s changing economic and demographic
   45  development patterns. The initial report by the commission must
   46  be delivered to the Governor and the Legislature by December 15,
   47  2000, and each year thereafter, as appropriate. The commission
   48  may retain experts as necessary to carry out this subparagraph,
   49  and the department shall pay the expenses of the experts.
   50         8. Monitor the efficiency, productivity, and management of
   51  the agencies and authorities created under chapters 348 and 349,
   52  including any authority formed using part I of chapter 348; the
   53  Mid-Bay Bridge Authority re-created pursuant to chapter 2000
   54  411, Laws of Florida; and any authority formed under chapter
   55  343. The commission shall also conduct periodic reviews of each
   56  agency’s and authority’s operations and budget, acquisition of
   57  property, management of revenue and bond proceeds, and
   58  compliance with applicable laws and generally accepted
   59  accounting principles.
   60         Section 2. Subsection (1) of section 112.3144, Florida
   61  Statutes, is amended to read:
   62         112.3144 Full and public disclosure of financial
   63  interests.—
   64         (1)(a) An officer who is required by s. 8, Art. II of the
   65  State Constitution to file a full and public disclosure of his
   66  or her financial interests for any calendar or fiscal year shall
   67  file that disclosure with the Florida Commission on Ethics.
   68  Additionally, beginning January 1, 2015, an officer who is
   69  required to complete annual ethics training pursuant to s.
   70  112.3142 must certify on his or her full and public disclosure
   71  of financial interests that he or she has completed the required
   72  training.
   73         (b)A member of an expressway authority, transportation
   74  authority, bridge authority, toll authority, or expressway
   75  agency created pursuant to chapter 343, chapter 348, or any
   76  other general law shall comply with the applicable financial
   77  disclosure requirements of s. 8, Art. II of the State
   78  Constitution.
   79         Section 3. Effective October 1, 2022, paragraph (d) of
   80  subsection (1) of section 212.055, Florida Statutes, is amended
   81  to read:
   82         212.055 Discretionary sales surtaxes; legislative intent;
   83  authorization and use of proceeds.—It is the legislative intent
   84  that any authorization for imposition of a discretionary sales
   85  surtax shall be published in the Florida Statutes as a
   86  subsection of this section, irrespective of the duration of the
   87  levy. Each enactment shall specify the types of counties
   88  authorized to levy; the rate or rates which may be imposed; the
   89  maximum length of time the surtax may be imposed, if any; the
   90  procedure which must be followed to secure voter approval, if
   91  required; the purpose for which the proceeds may be expended;
   92  and such other requirements as the Legislature may provide.
   93  Taxable transactions and administrative procedures shall be as
   94  provided in s. 212.054.
   95         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   96  SURTAX.—
   97         (d)1.Except as set forth in subparagraph 2., proceeds from
   98  the surtax shall be applied to as many or as few of the uses
   99  enumerated below in whatever combination the county commission
  100  deems appropriate:
  101         a.1. Deposited by the county in the trust fund and shall be
  102  used for the purposes of development, construction, equipment,
  103  maintenance, operation, supportive services, including a
  104  countywide bus system, on-demand transportation services, and
  105  related costs of a fixed guideway rapid transit system;
  106         b.2. Remitted by the governing body of the county to an
  107  expressway, transit, or transportation authority created by law
  108  to be used, at the discretion of such authority, for the
  109  development, construction, operation, or maintenance of roads or
  110  bridges in the county, for the operation and maintenance of a
  111  bus system, for the operation and maintenance of on-demand
  112  transportation services, for the payment of principal and
  113  interest on existing bonds issued for the construction of such
  114  roads or bridges, and, upon approval by the county commission,
  115  such proceeds may be pledged for bonds issued to refinance
  116  existing bonds or new bonds issued for the construction of such
  117  roads or bridges;
  118         3.Used by the county for the development, construction,
  119  operation, and maintenance of roads and bridges in the county;
  120  for the expansion, operation, and maintenance of bus and fixed
  121  guideway systems; for the expansion, operation, and maintenance
  122  of on-demand transportation services; and for the payment of
  123  principal and interest on bonds issued for the construction of
  124  fixed guideway rapid transit systems, bus systems, roads, or
  125  bridges; and such proceeds may be pledged by the governing body
  126  of the county for bonds issued to refinance existing bonds or
  127  new bonds issued for the construction of such fixed guideway
  128  rapid transit systems, bus systems, roads, or bridges and no
  129  more than 25 percent used for nontransit uses; and
  130         c.4. Used by the county for the planning, development,
  131  construction, operation, and maintenance of roads and bridges in
  132  the county; for the planning, development, expansion, operation,
  133  and maintenance of bus and fixed guideway systems; for the
  134  planning, development, construction, expansion, operation, and
  135  maintenance of on-demand transportation services; and for the
  136  payment of principal and interest on bonds issued for the
  137  construction of fixed guideway rapid transit systems, bus
  138  systems, roads, or bridges; and such proceeds may be pledged by
  139  the governing body of the county for bonds issued to refinance
  140  existing bonds or new bonds issued for the construction of such
  141  fixed guideway rapid transit systems, bus systems, roads, or
  142  bridges. Pursuant to an interlocal agreement entered into
  143  pursuant to chapter 163, the governing body of the county may
  144  distribute proceeds from the tax to a municipality, or an
  145  expressway or transportation authority created by law to be
  146  expended for the purpose authorized by this paragraph. Any
  147  county that has entered into interlocal agreements for
  148  distribution of proceeds to one or more municipalities in the
  149  county shall revise such interlocal agreements no less than
  150  every 5 years in order to include any municipalities that have
  151  been created since the prior interlocal agreements were
  152  executed.
  153         2.a.To the extent not prohibited by contracts or bond
  154  covenants in effect on that date, a county as defined in s.
  155  125.011(1) shall use proceeds from the surtax only for the
  156  following purposes:
  157         (I)The planning, design, engineering, or construction of
  158  fixed guideway rapid transit systems, rail systems, and bus
  159  systems, including bus rapid transit systems, and for the
  160  development of dedicated facilities for autonomous vehicles as
  161  defined in s. 316.003.
  162         (II)The acquisition of rights-of-way for fixed guideway
  163  rapid transit systems, rail systems, and bus systems, including
  164  bus rapid transit systems, and for the development of dedicated
  165  facilities for autonomous vehicles as defined in s. 316.003.
  166         (III)The purchase of buses or other capital costs for bus
  167  systems, including bus rapid transit systems.
  168         (IV)The payment of principal and interest on bonds
  169  previously issued related to fixed guideway rapid transit
  170  systems, rail systems, or bus systems.
  171         (V)As security by the governing body of the county to
  172  refinance existing bonds or to issue new bonds for the planning,
  173  design, engineering, or construction of fixed guideway rapid
  174  transit systems, rail systems, bus rapid transit systems, or bus
  175  systems.
  176         (VI)For operations and maintenance on projects where
  177  service is initiated after October 1, 2019, and which are
  178  funded, in whole or in part, by federal or state funds.
  179         b.To the extent not prohibited by contracts or bond
  180  covenants in effect on October 1, 2022, no more than 25 percent
  181  of the surtax proceeds may be distributed to municipalities in
  182  total in a county as defined in s. 125.011(1). Such
  183  municipalities may use the surtax proceeds to plan, develop,
  184  construct, operate, and maintain roads and bridges in the
  185  municipality and to pay the principal and interest on bonds
  186  issued to construct roads or bridges. The governing body of the
  187  municipality may pledge the proceeds for bonds issued to
  188  refinance existing bonds or new bonds issued to construct such
  189  roads or bridges. Additionally, each such municipality may use
  190  surtax proceeds for transit systems within the municipality.
  191         Section 4. Subsection (2) of section 215.68, Florida
  192  Statutes, is amended to read:
  193         215.68 Issuance of bonds; form; maturity date, execution,
  194  sale.—
  195         (2) Such bonds may:
  196         (a) Be issued in either coupon form or registered form or
  197  both;
  198         (b) Have such date or dates of issue and such maturities,
  199  not exceeding in any event 40 years from the date of issuance
  200  thereof;
  201         (c) Bear interest at a rate or rates not exceeding the
  202  interest rate limitation set forth in s. 215.84(3);
  203         (d) Have such provisions for registration of coupon bonds
  204  and conversion and reconversion of bonds from coupon to
  205  registered form or from registered form to coupon form;
  206         (e) Have such provisions for payment at maturity and
  207  redemption before prior to maturity at such time or times and at
  208  such price or prices; and
  209         (f) Be payable at such place or places within or without
  210  the state as the board shall determine by resolution.
  211  
  212  The foregoing terms and conditions do not supersede the
  213  limitations provided in chapter 348, part I, relating to the
  214  issuance of bonds.
  215         Section 5. Notwithstanding the repeal of section 319.141,
  216  Florida Statutes, which occurred on July 1, 2018, that section
  217  is revived, reenacted, and amended to read:
  218         319.141 Pilot Rebuilt motor vehicle inspection program.—
  219         (1) As used in this section, the term:
  220         (a) “Facility” means a rebuilt motor vehicle inspection
  221  facility authorized and operating under this section.
  222         (b) “Rebuilt inspection services” means an examination of a
  223  rebuilt vehicle and a properly endorsed certificate of title,
  224  salvage certificate of title, or manufacturer’s statement of
  225  origin and an application for a rebuilt certificate of title, a
  226  rebuilder’s affidavit, a photograph of the junk or salvage
  227  vehicle taken before repairs began, if available, a photograph
  228  of the interior driver and passenger sides of the vehicle if
  229  airbags were previously deployed and replaced, receipts or
  230  invoices for all major component parts, as defined in s. 319.30,
  231  and repairs which were changed, and proof that notice of
  232  rebuilding of the vehicle has been reported to the National
  233  Motor Vehicle Title Information System.
  234         (2) By October 1, 2019 July 1, 2015, the department shall
  235  implement oversee a pilot program in Miami-Dade County to
  236  evaluate alternatives for rebuilt inspection services offered by
  237  existing private sector participants operators, including the
  238  continued use of private facilities, the cost impact to
  239  consumers, and the potential savings to the department.
  240         (3) Upon selection by the department, each participant
  241  shall enter into The department shall establish a memorandum of
  242  understanding with the department that allows such participant
  243  private parties participating in the pilot program to conduct
  244  rebuilt motor vehicle inspections and specifies requirements for
  245  oversight, bonding and insurance, procedures, and forms and
  246  requires the electronic transmission of documents. The
  247  department may examine all records pertaining to any inspection
  248  or related service performed under the rebuilt motor vehicle
  249  inspection program.
  250         (4) Before a participant an applicant is authorized to
  251  perform such rebuilt inspection services approved, the
  252  department shall ensure that the participant applicant meets
  253  basic criteria designed to protect the public. At a minimum, the
  254  participant applicant shall meet all of the following
  255  requirements:
  256         (a) Have and maintain a surety bond or irrevocable letter
  257  of credit in the amount of $100,000 executed in favor of the
  258  department. Such surety bond or letter of credit shall be issued
  259  by entities licensed to do business in this state by the
  260  applicant.
  261         (b) Secure and maintain a facility at a permanent fixed
  262  structure, as evidenced by proof of ownership or written lease
  263  at an address recognized by the United States Postal Service
  264  where the only services provided on such property are rebuilt
  265  inspection services. The facility must have permanent signage
  266  which advertises that only private rebuilt inspection services
  267  are provided at that location; posted business hours; a
  268  designated office area and customer waiting area; a rebuilt
  269  inspection area separate and visually obstructed from any area
  270  accessible to the customer; surveillance cameras with recording
  271  capabilities for the rebuilt inspection areas; and sufficient
  272  onsite customer parking. The location must be large enough to
  273  accommodate all of the vehicles being inspected and have a
  274  covered area to accommodate at least two vehicles during
  275  inclement weather. The participant operator of a facility shall
  276  annually attest that he or she does not have a direct or
  277  indirect interest in any motor vehicle that a facility has
  278  inspected or proposes to inspect; he or she is not employed by
  279  or does not have an ownership interest in or other financial
  280  arrangement with the owner, operator, manager, or employee of a
  281  motor vehicle repair shop as defined in s. 559.903, a motor
  282  vehicle dealer as defined in s. 320.27(1)(c), a towing company,
  283  a vehicle storage company, a vehicle auction, an insurance
  284  company, a salvage yard, a metal retailer, or a metal rebuilder,
  285  from which he or she receives remuneration, directly or
  286  indirectly, for the referral of customers for rebuilt inspection
  287  services; there have been no changes to the ownership structure
  288  of the approved facility; and the only services being provided
  289  by such participant at the facility are rebuilt inspection
  290  services. Only a participant selected and approved by the
  291  department may charge or receive a fee for providing or
  292  facilitating such services.
  293         (c) Have and maintain garage liability with a minimum of
  294  $100,000 single-limit liability coverage including bodily injury
  295  and property damage protection and any other insurance required
  296  by the department.
  297         (d) Have completed criminal background checks of the
  298  owners, partners, and corporate officers and the inspectors
  299  employed by the facility that demonstrate that such persons have
  300  not have been convicted of a felony, pled guilty to a felony,
  301  pled nolo contendere to a felony, or been incarcerated for a
  302  felony in the previous 10 years.
  303         (e) Meet any additional criteria the department determines
  304  necessary to conduct proper inspections.
  305         (5)A participant may not conduct an inspection of a
  306  vehicle in complete rebuilt condition without prior approval by
  307  the department. A person or entity other than the department or
  308  a participant authorized by the department may not conduct
  309  rebuilt inspection services.
  310         (6)(5) A participant in the program shall access vehicle
  311  and title information and enter inspection results through an
  312  electronic filing system authorized by the department and shall
  313  maintain records of each rebuilt vehicle inspection processed at
  314  such facility for at least 5 years.
  315         (7)A vehicle owner who fails an initial rebuilt inspection
  316  may only have that vehicle reinspected by the department or the
  317  facility that conducted the original inspection.
  318         (8)(6) The department shall conduct an onsite facility
  319  inspection at least once per quarter and shall immediately
  320  terminate any participant operator from the program who fails to
  321  meet the minimum eligibility requirements specified in
  322  subsection (4). Before a change in ownership of a rebuilt
  323  inspection facility, the current operator must give the
  324  department 45 days’ written notice of the intended sale or
  325  transfer. The prospective owner must meet the eligibility
  326  requirements of this section and execute a new memorandum of
  327  understanding with the department before operating the facility.
  328         (9)The department may adopt rules pursuant to ss.
  329  120.536(1) and 120.54 to implement and enforce this section.
  330         (10)On or before July 1, 2021, the department shall submit
  331  a written report to the President of the Senate and the Speaker
  332  of the House of Representatives evaluating the effectiveness of
  333  the program and whether to expand the program to other counties.
  334         (7)This section is repealed on July 1, 2018, unless saved
  335  from repeal through reenactment by the Legislature.
  336         Section 6. Section 334.175, Florida Statutes, is amended to
  337  read:
  338         334.175 Certification of project design plans and surveys.—
  339         (1) All design plans and surveys prepared by or for the
  340  department shall be signed, sealed, and certified by the
  341  professional engineer or surveyor or architect or landscape
  342  architect in responsible charge of the project work. Such
  343  professional engineer, surveyor, architect, or landscape
  344  architect must be duly registered in this state.
  345         (2)For portions of transportation projects on, under, or
  346  over a department-owned right-of-way, and regardless of funding
  347  source, the department shall review the project’s design plans
  348  for compliance with departmental design standards.
  349         Section 7. Subsection (1) of section 337.025, Florida
  350  Statutes, is amended to read:
  351         337.025 Innovative transportation highway projects;
  352  department to establish program.—
  353         (1) The department may is authorized to establish a program
  354  for transportation highway projects demonstrating innovative
  355  techniques of highway and bridge design, construction,
  356  maintenance, and finance which have the intended effect of
  357  measuring resiliency and structural integrity and controlling
  358  time and cost increases on construction projects. Such
  359  techniques may include, but are not limited to, state-of-the-art
  360  technology for pavement, safety, and other aspects of highway
  361  and bridge design, construction, and maintenance; innovative
  362  bidding and financing techniques; accelerated construction
  363  procedures; and those techniques that have the potential to
  364  reduce project life cycle costs. To the maximum extent
  365  practical, the department must use the existing process to award
  366  and administer construction and maintenance contracts. When
  367  specific innovative techniques are to be used, the department is
  368  not required to adhere to those provisions of law that would
  369  prevent, preclude, or in any way prohibit the department from
  370  using the innovative technique. However, before prior to using
  371  an innovative technique that is inconsistent with another
  372  provision of law, the department must document in writing the
  373  need for the exception and identify what benefits the traveling
  374  public and the affected community are anticipated to receive.
  375  The department may enter into no more than $120 million in
  376  contracts annually for the purposes authorized by this section.
  377         Section 8. Subsections (2) and (5) of section 338.165,
  378  Florida Statutes, are amended to read:
  379         338.165 Continuation of tolls.—
  380         (2) If the revenue-producing project is on the State
  381  Highway System, any remaining toll revenue shall be used for the
  382  construction, maintenance, or improvement of any road on the
  383  State Highway System within the county or counties in which the
  384  revenue-producing project is located, except as provided in s.
  385  348.0004.
  386         (5) If the revenue-producing project is on the county road
  387  system, any remaining toll revenue shall be used for the
  388  construction, maintenance, or improvement of any other state or
  389  county road within the county or counties in which the revenue
  390  producing project is located, except as provided in s. 348.0004.
  391         Section 9. Paragraph (d) of subsection (3) and paragraph
  392  (f) of subsection (6) of section 339.175, Florida Statutes, are
  393  amended to read:
  394         339.175 Metropolitan planning organization.—
  395         (3) VOTING MEMBERSHIP.—
  396         (d) Any other provision of this section to the contrary
  397  notwithstanding, any county as defined in s. 125.011(1)
  398  chartered under s. 6(e), Art. VIII of the State Constitution may
  399  elect to have its county commission serve as the M.P.O., if the
  400  M.P.O. jurisdiction is wholly contained within the county. Any
  401  charter county that elects to exercise the provisions of this
  402  paragraph shall so notify the Governor in writing. Upon receipt
  403  of such notification, the Governor must designate the county
  404  commission as the M.P.O. The Governor must appoint four
  405  additional voting members to the M.P.O., one of whom must be an
  406  elected official representing a municipality within the county,
  407  one of whom must be an expressway authority member, one of whom
  408  must be a person who does not hold elected public office and who
  409  resides in the unincorporated portion of the county, and one of
  410  whom must be a school board member.
  411         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  412  privileges, and authority of an M.P.O. are those specified in
  413  this section or incorporated in an interlocal agreement
  414  authorized under s. 163.01. Each M.P.O. shall perform all acts
  415  required by federal or state laws or rules, now and subsequently
  416  applicable, which are necessary to qualify for federal aid. It
  417  is the intent of this section that each M.P.O. shall be involved
  418  in the planning and programming of transportation facilities,
  419  including, but not limited to, airports, intercity and high
  420  speed rail lines, seaports, and intermodal facilities, to the
  421  extent permitted by state or federal law.
  422         (f)1. The department shall allocate to each M.P.O., for the
  423  purpose of accomplishing its transportation planning and
  424  programming duties, an appropriate amount of federal
  425  transportation planning funds.
  426         2.In a county as defined in s. 125.011(1), the M.P.O. may
  427  not assess any fees for municipalities, counties, or other
  428  governmental entities that are members of the M.P.O.
  429         Section 10. Subsection (6) of section 343.1003, Florida
  430  Statutes, is amended to read:
  431         343.1003 Northeast Florida Regional Transportation
  432  Commission.—
  433         (6) Notwithstanding s. 112.3144(1)(b) s. 348.0003(4)(c),
  434  members of the board shall file a statement of financial
  435  interests interest with the Commission on Ethics pursuant to s.
  436  112.3145.
  437         Section 11. Part I of chapter 348, Florida Statutes,
  438  consisting of sections 348.0001, 348.0002, 348.0003, 348.0004,
  439  348.0005, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011,
  440  348.00115, and 348.0012, is repealed.
  441         Section 12. Part I of chapter 348, Florida Statutes,
  442  consisting of sections 348.0301, 348.0302, 348.0303, 348.0304,
  443  348.0305, 348.0306, 348.0307, 348.0308, 348.0309, 348.0310,
  444  348.0311, 348.0312, 348.0313, 348.0314, 348.0315, 348.0316,
  445  348.0317, and 348.0318, Florida Statutes, is created to read:
  446                             CHAPTER 348                           
  447                  EXPRESSWAY AND BRIDGE AUTHORITIES                
  448                               PART I                              
  449                   GREATER MIAMI EXPRESSWAY AGENCY                 
  450         348.0301Short title.—This part may be cited as the
  451  “Greater Miami Expressway Agency Act.”
  452         348.0302Applicability.—This part applies only to a county
  453  as defined in s. 125.011(1).
  454         348.0303Definitions.—As used in the this part, the term:
  455         (1)“Agency” means the body politic, corporate, and agency
  456  of the state created by this part.
  457         (2)“Agency of the state” means and includes the state and
  458  any department of, or corporation, agency, or instrumentality
  459  created, designated, or established by, the state.
  460         (3)“Bonds” means and includes the notes, bonds, refunding
  461  bonds, or other evidences of indebtedness or obligations, in
  462  either temporary or definitive form, which the agency issues
  463  pursuant to this part.
  464         (4)“County” means a county as defined in s. 125.011(1).
  465         (5)“County gasoline tax funds” means all of the 80-percent
  466  surplus gasoline tax funds accruing in each year to the
  467  department for use within the geographic boundaries of the
  468  agency under s. 9, Art. XII of the State Constitution, after the
  469  deduction of any amounts of such gasoline tax funds heretofore
  470  pledged by the department or a county for outstanding
  471  obligations.
  472         (6)“Department” means the Department of Transportation.
  473         (7)“Express written consent” means prior express written
  474  consent given in the form of a resolution adopted by a board of
  475  county commissioners.
  476         (8)“Expressway” means a street or highway especially
  477  designed for through traffic and over, from, or to which owners
  478  or occupants of abutting land or other persons have no right or
  479  easement or only a limited right or easement of access, light,
  480  air, or view by reason of the fact that their property abuts
  481  upon such limited access facility or for any other reason. An
  482  expressway may be a facility from which trucks, buses, and other
  483  commercial vehicles are excluded or may be a facility open to
  484  use by all customary forms of street and highway traffic.
  485         (9)“Expressway system” means any and all expressways not
  486  owned by the department which fall within the geographic
  487  boundaries of the agency established pursuant to this act and
  488  appurtenant facilities thereto, including but not limited to,
  489  all approaches, roads, bridges, and avenues of access for such
  490  expressway. The term includes a public transportation facility.
  491         (10)“Federal agency” means and includes the United States,
  492  the President of the United States, and any department of, or
  493  corporation, agency, or instrumentality created, designated, or
  494  established by, the United States.
  495         (11)“Members” means the governing body of the agency, and
  496  the term “member” means one of the individuals constituting such
  497  governing body.
  498         (12)“Public transportation facility” means real and
  499  personal property, structures, improvements, buildings,
  500  personnel, equipment, plants, vehicle parking or other
  501  facilities, rights-of-way, or any combination thereof used or
  502  useful for the purposes of transporting passengers by means of a
  503  street railway, elevated railway or guideway, subway, motor
  504  vehicle, motor bus, or any bus or other means of conveyance
  505  operating as a common carrier.
  506         348.0304Greater Miami Expressway Agency.—
  507         (1)There is hereby created and established a body politic
  508  and corporate, an agency of the state, to be known as the
  509  “Greater Miami Expressway Agency.”
  510         (2)(a)The governing body of the agency shall consist of
  511  nine voting members. Except for the district secretary of the
  512  department, each member must be a permanent resident of the
  513  county and may not hold, or have held in the previous 2 years,
  514  elected or appointed office in the county. Each member may only
  515  serve two terms of 4 years each. Three members shall be
  516  appointed by the Governor. Two members, who must be residents of
  517  an unincorporated portion of the county residing within 15 miles
  518  of an area with the highest amount of agency toll roads, shall
  519  be appointed by the board of county commissioners of the county.
  520  Three members, who must be residents of incorporated
  521  municipalities within the county, shall be appointed by the
  522  metropolitan planning organization for the county. The district
  523  secretary of the department serving in the district that
  524  contains the county shall serve as an ex officio voting member
  525  of the governing body.
  526         (b)Initial appointments to the governing body of the
  527  agency shall be made by July 31, 2019. For the initial
  528  appointments:
  529         1.The Governor shall appoint one member for a term of 2
  530  years, one member for a term of 3 years, and one member for a
  531  term of 4 years.
  532         2.The board of county commissioners shall appoint one
  533  member for a term of 1 year and one member for a term of 3
  534  years.
  535         3.The metropolitan planning organization shall appoint one
  536  member for a term of 1 year, one member for a term of 2 years,
  537  and one member for a term of 4 years.
  538         (c)Persons who, on or after July 1, 2009, were members of
  539  the governing body or employees of the former Miami-Dade County
  540  Expressway Authority may not be appointed members of the
  541  governing body of the agency. This paragraph does not apply to
  542  appointments to the governing body of the agency made by the
  543  Governor or to the district secretary of the department serving
  544  in an ex officio role pursuant to paragraph (a).
  545         (3)(a)The governing body of the agency shall elect one of
  546  its members as chair and shall elect a secretary and a treasurer
  547  who need not be members of the governing body. The chair,
  548  secretary, and treasurer shall hold their offices at the will of
  549  the governing body. A simple majority of the governing body
  550  constitutes a quorum, and the vote of a majority of those
  551  members present is necessary for the governing body to take any
  552  action. A vacancy shall not impair the right of a quorum of the
  553  governing body to exercise all of the rights and perform all of
  554  the duties of the governing body.
  555         (b)Upon the effective date of his or her appointment, or
  556  as soon thereafter as practicable, each member of the governing
  557  body of the agency shall enter upon his or her duties. The
  558  governing body’s initial board meeting must take place within 15
  559  days after the initial appointments.
  560         (c)Each member of the governing body of the agency, before
  561  entering upon his or her official duties, shall take and
  562  subscribe to an oath before some official authorized by law to
  563  administer oaths that he or she will honestly, faithfully, and
  564  impartially perform the duties devolving upon him or her in
  565  office as a member of the governing body and that he or she will
  566  not neglect any duties imposed upon him or her by this part.
  567         (4)(a)The governing body of the agency may employ an
  568  executive secretary, an executive director, its own counsel and
  569  legal staff, technical experts, and such engineers and
  570  employees, permanent or temporary, as it may require and shall
  571  determine the qualifications and fix the compensation of such
  572  persons, firms, or corporations. The governing body may employ a
  573  fiscal agent or agents; however, the governing body must solicit
  574  sealed proposals from at least three persons, firms, or
  575  corporations for the performance of any services as fiscal
  576  agents. The governing body may delegate to one or more of its
  577  agents or employees such of its power as it deems necessary to
  578  carry out the purposes of this act, subject always to the
  579  supervision and control of the governing body. Members of the
  580  governing body may be removed from office by the Governor for
  581  misconduct, malfeasance, misfeasance, or nonfeasance in office.
  582         (b)Employees of the agency shall serve at the pleasure of
  583  the governing body of the agency. The governing body of the
  584  agency shall review the employment of all employees of the
  585  former Miami-Dade County Expressway Authority to determine
  586  whether each employee will continue employment with the agency.
  587  In the hiring of an executive director of the agency, the
  588  governing body of the agency shall conduct a nationwide search
  589  in order to identify the most qualified candidate.
  590         (5)The members of the governing body of the agency shall
  591  not be entitled to compensation but shall be entitled to receive
  592  per diem and travel expenses as provided in s. 112.061.
  593         348.0305Ethics requirements.—
  594         (1)Notwithstanding any other provision of law to the
  595  contrary, members and employees of the agency are subject to
  596  part III of chapter 112. As used in this section, the term:
  597         (a)“Agency” means the Greater Miami Expressway Agency.
  598         (b)“Lobby” means to seek to influence the agency, on
  599  behalf of another person, with respect to a decision of the
  600  agency in an area of policy or procurement or to attempt to
  601  obtain the goodwill of an officer, employee, or consultant of
  602  the agency. The term does not include representing a client in
  603  any stage of applying for or seeking approval of any
  604  administrative action, or opposition to such action, provided
  605  such action does not require legislative discretion and is
  606  subject to judicial review by petitioning for writ of
  607  certiorari.
  608         (c)“Lobbyist” means a person who is employed and receives
  609  payment, or who contracts for economic consideration, to lobby
  610  or a person who is principally employed for governmental affairs
  611  by another person or entity to lobby on behalf of such person or
  612  entity. The term does not include a person who:
  613         1.Represents a client in a judicial proceeding or in a
  614  formal administrative proceeding before the agency.
  615         2.Is an officer or employee of any governmental entity
  616  acting in the normal course of his or her duties.
  617         3.Consults under contract with the agency and communicates
  618  with the agency regarding issues related to the scope of
  619  services in his or her contract.
  620         4.Is an expert witness who is retained or employed by an
  621  employer, principal, or client to provide only scientific,
  622  technical, or other specialized information provided in agenda
  623  materials or testimony only in public hearings, provided the
  624  expert identifies such employer, principal, or client at such
  625  hearing.
  626         5.Seeks to procure a contract that is less than $20,000 or
  627  a contract pursuant s. 287.056.
  628         (d)“Officer” means a member of the governing body of the
  629  agency.
  630         (e)“Principal” has the same meaning as in s. 112.3215.
  631         (f)“Relative” has the same meaning as in s. 112.312.
  632         (2)(a)A lobbyist may not be appointed or serve as a member
  633  of the governing body of the agency.
  634         (b)A person may not be appointed or serve as an officer if
  635  that person currently represents or has in the previous 4 years
  636  lobbied the agency or the former Miami-Dade County Expressway
  637  Authority.
  638         (c)A person may not be appointed or serve as an officer if
  639  that person has in the previous 4 years done business, or been
  640  an employee of a person or entity that has done business, with
  641  the agency or the former Miami-Dade County Expressway Authority.
  642         (d)A person may not be appointed or serve as an officer if
  643  that person has in the previous 2 years been an employee of the
  644  agency.
  645         (3)An officer, employee, or consultant of the agency or of
  646  the former Miami-Dade County Expressway Authority may not, for a
  647  period of 4 years after vacation of his or her position with the
  648  agency:
  649         (a)Lobby the agency.
  650         (b)Have an employment or contractual relationship with a
  651  business entity in connection with a contract in which the
  652  officer, employee, or consultant personally and substantially
  653  participated through decision, approval, disapproval,
  654  recommendation, rendering of advice, or investigation while he
  655  or she was an officer, employee, or consultant of the agency.
  656  When an agency employee’s position is eliminated and his or her
  657  former duties are performed by the business entity, this
  658  paragraph does not prohibit him or her from employment or a
  659  contractual relationship with the business entity if the
  660  employee’s participation in the contract was limited to
  661  recommendation, rendering of advice, or investigation and if the
  662  executive director of the agency determines that the best
  663  interests of the agency will be served thereby and provides
  664  prior written approval for the particular employee.
  665         (c)Have or hold any employment or contractual relationship
  666  with a business entity in connection with any contract for
  667  contractual services which was within his or her responsibility
  668  while an officer, employee, or consultant. If an agency
  669  employee’s position is eliminated and his or her former duties
  670  are performed by the business entity, this paragraph may be
  671  waived by the executive director of the agency through prior
  672  written approval for the particular employee if the executive
  673  director determines that the best interests of the agency will
  674  be served thereby.
  675         (4)Each officer, employee, and consultant of the agency
  676  must promptly disclose:
  677         (a)Every relationship that may create a conflict between
  678  his or her private interests and the performance of his or her
  679  duties to the agency or that would impede the full and faithful
  680  discharge of his or her duties to the agency.
  681         (b)Any relative and any employment or contractual
  682  relationship of such relative which, if held by the officer,
  683  employee, or consultant, would violate any provision of s.
  684  112.313.
  685         (c)Any relative who is a lobbyist and such lobbyist’s
  686  principal.
  687         (d)Any direct or indirect interest in real property and
  688  such interest of any relative if such property is located within
  689  one-half mile of any actual or prospective agency project. The
  690  executive director of the agency shall provide a corridor map
  691  and a property ownership list reflecting the ownership of all
  692  real property within the disclosure area, or an alignment map
  693  with a list of associated owners, to all officers, employees,
  694  and consultants.
  695         (5)The disclosures required under subsection (4) must be
  696  filed with the agency general counsel in the manner specified by
  697  the general counsel. When the disclosure is filed by the general
  698  counsel, a copy must be provided to the executive director of
  699  the agency.
  700         (6)A violation of this section shall be considered a
  701  violation of the violator’s official, employment, or contractual
  702  duties to the agency.
  703         (7)Officers, employees, and consultants of the agency
  704  shall be adequately informed and trained on the provisions of
  705  this section and the state code of ethics and shall receive
  706  ongoing ethics training.
  707         (8)The state code of ethics shall apply to officers,
  708  employees, and consultants of the agency, and this section shall
  709  be enforced by the Commission on Ethics as part of the state
  710  code of ethics.
  711         348.0306Purposes and powers.—
  712         (1)(a)The agency created and established pursuant to this
  713  act may acquire, hold, construct, improve, maintain, operate,
  714  and own an expressway system.
  715         (b)The agency, in the construction of an expressway
  716  system, shall construct expressways. Construction of an
  717  expressway system may be completed in segments, phases, or
  718  stages in a manner that will permit the expansion of these
  719  segments, phases, or stages to the desired expressway
  720  configuration. The agency, in the construction of an expressway
  721  system, may construct any extensions of, additions to, or
  722  improvements to the expressway system or appurtenant facilities,
  723  including all necessary approaches, roads, bridges, and avenues
  724  of access, with such changes, modifications, or revisions of the
  725  project that are deemed desirable and proper. For new capacity
  726  projects, the agency shall use the department’s design standards
  727  and, to the maximum extent practicable, design facilities such
  728  as the department would for high-speed limited access
  729  facilities. The agency may only add additional expressways to an
  730  expressway system, under the terms and conditions set forth in
  731  this act, with the prior express written consent of the board of
  732  county commissioners of the county, and only if such additional
  733  expressways lack adequate committed funding for implementation,
  734  are financially feasible, and are compatible with the existing
  735  plans, projects, and programs of the agency.
  736         (2)The agency may exercise all powers necessary,
  737  appurtenant, convenient, or incidental to the carrying out of
  738  its purposes, including, but not limited to, the following
  739  rights and powers:
  740         (a)To sue and be sued, implead and be impleaded, and
  741  complain and defend in all courts.
  742         (b)To adopt, use, and alter at will a corporate seal.
  743         (c)To acquire, purchase, hold, lease as lessee, and use
  744  any franchise or property, real, personal, or mixed, tangible or
  745  intangible, or any interest therein necessary or desirable for
  746  carrying out the purposes of the agency and to sell, lease as
  747  lessor, transfer, and dispose of any property or interest
  748  therein at any time acquired by it.
  749         (d)To enter into and make leases, either as lessee or as
  750  lessor, in order to carry out the right to lease as set forth in
  751  this act.
  752         (e)To fix, alter, charge, establish, and collect tolls,
  753  rates, fees, rentals, and other charges for the services and
  754  facilities system, which tolls, rates, fees, rentals, and other
  755  charges must always be sufficient to comply with any covenants
  756  made with the holders of any bonds secured by the net revenues
  757  of the expressway system, including any additions, extensions,
  758  or improvements thereof. However, such right and power may be
  759  assigned or delegated by the agency to the department.
  760         1.Notwithstanding any other provision of law to the
  761  contrary, the agency may not increase its toll rates until July
  762  1, 2029, including any increase to the extent necessary to
  763  adjust for inflation pursuant to the procedure for toll rate
  764  adjustments provided in s. 338.165, except:
  765         a. As may be necessary to comply with covenants in the
  766  trust indentures or resolutions adopted in connection with the
  767  agency’s bonds secured by the net revenues of the expressway
  768  system; or
  769         b. On or after July 1, 2024, as approved by a supermajority
  770  vote of the governing body of the agency.
  771         2.A toll rate increase must be approved by a two-thirds
  772  vote of the members of the governing body of the agency.
  773         3.The amount of toll revenues used for administrative
  774  costs by the agency may not be greater than 10 percent above the
  775  annual state average of administrative costs determined as
  776  provided in this subparagraph. The Florida Transportation
  777  Commission shall determine the annual state average of
  778  administrative costs based on the annual administrative costs of
  779  all the expressway authorities in this state. For purposes of
  780  this subparagraph, administrative costs include, but are not
  781  limited to, employee salaries and benefits, small business
  782  outreach, insurance, professional service contracts not directly
  783  related to the operation and maintenance of the expressway
  784  system, and other overhead costs.
  785         4.There must be a distance of at least 5 miles between
  786  main through-lane tolling points. The distance requirement of
  787  this subparagraph does not apply to entry and exit ramps.
  788  However, the agency may establish toll rates such that the toll
  789  rate per mile is equal to the rates in effect on July 1, 2019.
  790         (f)To borrow money, make and issue negotiable notes,
  791  bonds, refund bonds, and other evidence of indebtedness of the
  792  agency, which bonds or other evidence of indebtedness may be
  793  issued pursuant to the State Bond Act or, in the alternative,
  794  pursuant to s. 348.0309(2) to finance or refinance additions,
  795  extensions, or improvements to the expressway system within the
  796  geographic boundaries of the agency, and to provide for the
  797  security of the bonds or other evidence of indebtedness and the
  798  rights and remedies of the holders of the bonds or other
  799  evidence of indebtedness. Any bonds or other evidence of
  800  indebtedness pledging the full faith and credit of the state may
  801  only be issued pursuant to the State Bond Act.
  802         1.The agency shall reimburse the county in which it exists
  803  for any sums expended from any county gasoline tax funds used
  804  for payment of such obligations. Any county gasoline tax funds
  805  so disbursed shall be repaid in accordance with the terms of any
  806  lease-purchase or interlocal agreement with any county or the
  807  department together with interest, at the rate agreed to in such
  808  agreement. In no event shall any county gasoline tax funds be
  809  more than a secondary pledge of revenues for repayment of any
  810  obligations issued pursuant to this part.
  811         2.The agency may refund any bonds previously issued, to
  812  the extent allowable by federal tax laws, to finance or
  813  refinance an expressway system located within the geographic
  814  boundaries of the agency regardless of whether the bonds being
  815  refunded were issued by such agency, an agency of the state, or
  816  a county.
  817         (g)To enter contracts and to execute all instruments
  818  necessary or convenient for the carrying on of its business.
  819  Notwithstanding any other provision of law to the contrary, the
  820  agency is subject to the procurement and contracting
  821  requirements applicable to the department contained in chapters
  822  287 and 337.
  823         (h)Without limitation of the foregoing, to borrow money
  824  and accept grants from, and to enter into contracts, leases, or
  825  other transactions with, any federal agency, the state, any
  826  agency of the state, any county, or any other public body of the
  827  state.
  828         (i)To have the power of eminent domain, including the
  829  procedural powers granted under chapters 73 and 74.
  830         (j)To pledge, hypothecate, or otherwise encumber all or
  831  any part of the revenues, tolls, rates, fees, rentals, or other
  832  charges or receipts of the agency, including all or any portion
  833  of county gasoline tax funds received by the agency pursuant to
  834  the terms of any lease-purchase agreement between the agency and
  835  the department, as security for all or any of the obligations of
  836  the agency.
  837         (k)To do all acts and things necessary or convenient for
  838  the conduct of its business and the general welfare of the
  839  agency in order to carry out the powers granted to it by law.
  840         (3)Notwithstanding any other provision of law to the
  841  contrary, the consent of any municipality is not necessary for
  842  any project of the agency, regardless of whether the project
  843  lies in whole or in part within the boundaries of the
  844  municipality, if the project is consistent with the locally
  845  adopted comprehensive plan. However, if a project is
  846  inconsistent with the affected municipal comprehensive plan, the
  847  project may not proceed without a hearing pursuant to ss.
  848  120.569 and 120.57 at which it is determined that the project is
  849  consistent with the adopted metropolitan planning organization
  850  transportation improvement plan, if any, and the applicable
  851  strategic regional plan, and at which regional interests are
  852  determined to clearly override the interests of the
  853  municipality.
  854         (4)The use or pledge of all or any portion of county
  855  gasoline tax funds may not be made without the prior express
  856  written consent of the board of county commissioners of each
  857  county located within the geographic boundaries of the agency.
  858         (5)The agency shall comply with all statutory requirements
  859  of general application which relate to the filing of any report
  860  or documentation required by law, including the requirements of
  861  ss. 189.015, 189.016, 189.051, and 189.08.
  862         (6)Notwithstanding subsection (3) or any other provision
  863  of law to the contrary, the agency may not undertake any
  864  construction that is not consistent with both the metropolitan
  865  planning organization’s transportation improvement program and
  866  the county’s comprehensive plan.
  867         (7)The agency may finance or refinance the planning,
  868  design, acquisition, construction, extension, rehabilitation,
  869  equipping, preservation, maintenance, or improvement of a public
  870  transportation facility or transportation facilities owned or
  871  operated by such county, an intermodal facility or facilities,
  872  multimodal corridor or corridors, including, but not limited to,
  873  bicycle facilities or greenways that will improve transportation
  874  services within the county, or any programs or projects that
  875  will improve the levels of service on an expressway system,
  876  subject to approval of the governing body of the county after
  877  public hearing.
  878         (8)The governing body of the county may enter into an
  879  interlocal agreement with the agency pursuant to s. 163.01 for
  880  the joint performance or performance by either governmental
  881  entity of any corporate function of the county or agency
  882  necessary or appropriate to enable the agency to fulfill the
  883  powers and purposes of this part and promote the efficient and
  884  effective transportation of persons and goods in such county.
  885         (9)The agency must have an annual financial audit
  886  conducted by an independent certified public accountant licensed
  887  pursuant to chapter 473, and the audit report must be made
  888  available on the agency’s website.
  889         348.0307Greater Miami Toll Rebate Program.—There is
  890  created by the agency the Greater Miami Toll Rebate Program.
  891         (1)The agency shall develop and implement a monthly rebate
  892  program for the month beginning January 1, 2020, subject to:
  893         (a)Compliance with any covenants made with the holders of
  894  the agency’s bonds which are in the trust indentures or
  895  resolutions adopted in connection with the issuance of the
  896  agency’s bonds;
  897         (b)Consideration of the financial feasibility of such a
  898  program as reported by the Auditor General as required by this
  899  act; and
  900         (c) Consideration of the impact of such a program to the
  901  financial feasibility of prioritized projects that have been
  902  allocated funds for a project development and an environmental
  903  study but are not contained in the 5-year work program on July
  904  1, 2019.
  905         (2)Monthly rebates shall be credited to the account of
  906  each SunPass holder who incurs $12.50 or more in tolls on the
  907  expressway system each month and whose SunPass is registered to
  908  a motor vehicle registered to an address in the county.
  909         (3)In developing its rebate program, the agency shall have
  910  a goal of rebating 25 percent of tolls paid by eligible SunPass
  911  holders. Following initiation of the program, the agency, once
  912  every 5 years, shall review the amount of the toll rebate and
  913  may adjust the amount of the toll rebate.
  914         (4)The agency may not impose additional requirements for
  915  receipt of the toll rebate.
  916         348.0308Public-private partnership.—The Legislature
  917  declares that there is a public need for the rapid construction
  918  of safe and efficient transportation facilities for traveling
  919  within the state and that it is in the public’s interest to
  920  provide for public-private partnership agreements to effectuate
  921  the construction of additional safe, convenient, and economical
  922  transportation facilities.
  923         (1)The agency may receive or solicit proposals and enter
  924  into agreements with private entities, or consortia thereof, for
  925  the building, operation, ownership, or financing of agency
  926  transportation facilities or new transportation facilities
  927  within the jurisdiction of the agency which increase
  928  transportation capacity. The agency may not sell or lease any
  929  transportation facility owned by the agency without providing
  930  the analysis required in s. 334.30(6)(e)2. to the Legislative
  931  Budget Commission created pursuant to s. 11.90 for review and
  932  approval before awarding a contract on a lease of an existing
  933  toll facility. The agency may adopt rules to implement this
  934  section and shall, by rule, establish an application fee for the
  935  submission of unsolicited proposals under this section. The fee
  936  must be sufficient to pay the costs of evaluating the proposals.
  937  The agency may engage private consultants to assist in the
  938  evaluation. Before approval, the agency must determine that a
  939  proposed project:
  940         (a)Is in the public’s best interest.
  941         (b)Would not require state funds to be used unless the
  942  project is on or provides increased mobility on the State
  943  Highway System.
  944         (c)Would have adequate safeguards to ensure that no
  945  additional costs or service disruptions would be realized by the
  946  traveling public and residents of the state in the event of
  947  default or the cancellation of the agreement by the agency.
  948         (d)Would have adequate safeguards in place to ensure that
  949  the department, the agency, or the private entity has the
  950  opportunity to add capacity to the proposed project and other
  951  transportation facilities serving similar origins and
  952  destinations.
  953         (e)Would be owned by the agency upon completion or
  954  termination of the agreement.
  955         (2)The agency shall ensure that all reasonable costs to
  956  the state which are related to transportation facilities that
  957  are not part of the State Highway System are borne by the
  958  private entity. The agency shall also ensure that all reasonable
  959  costs to the state and substantially affected local governments
  960  and utilities related to the private transportation facility are
  961  borne by the private entity for transportation facilities that
  962  are owned by private entities. For projects on the State Highway
  963  System, the department may use state resources to participate in
  964  funding and financing the project as provided for under the
  965  department’s enabling legislation.
  966         (3)The agency may request proposals for public-private
  967  transportation projects or, if it receives an unsolicited
  968  proposal, it must publish a notice in the Florida Administrative
  969  Register and a newspaper of general circulation in the county in
  970  which it is located at least once a week for 2 weeks stating
  971  that it has received the proposal and will accept, for 60 days
  972  after the initial date of publication, other proposals for the
  973  same project purpose. A copy of the notice must be mailed to
  974  each local government in the affected areas. After the public
  975  notification period has expired, the agency shall rank the
  976  proposals in order of preference. In ranking the proposals, the
  977  agency shall consider professional qualifications, general
  978  business terms, innovative engineering or cost-reduction terms,
  979  finance plans, and the need for state funds to deliver the
  980  proposal. If the agency is not satisfied with the results of the
  981  negotiations, it may, at its sole discretion, terminate
  982  negotiations with the proposer. If these negotiations are
  983  unsuccessful, the agency may go to the second and lower-ranked
  984  firms, in order, using the same procedure. If only one proposal
  985  is received, the agency may negotiate in good faith, and if it
  986  is not satisfied with the results, it may, at its sole
  987  discretion, terminate negotiations with the proposer. The agency
  988  may, at its discretion, reject all proposals at any point in the
  989  process up to completion of a contract with the proposer.
  990         (4)Agreements entered into pursuant to this section may
  991  authorize the public-private entity to impose tolls or fares for
  992  the use of the facility. However, the amount and use of toll or
  993  fare revenues shall be regulated by the agency to avoid
  994  unreasonable costs to users of the facility.
  995         (5)Each public-private transportation facility constructed
  996  pursuant to this section shall comply with all requirements of
  997  federal, state, and local laws; state, regional, and local
  998  comprehensive plans; the agency’s rules, policies, procedures,
  999  and standards for transportation facilities; and any other
 1000  conditions that the agency determines to be in the public’s best
 1001  interest.
 1002         (6)The agency may exercise any power possessed by it,
 1003  including eminent domain, to facilitate the development and
 1004  construction of transportation projects pursuant to this
 1005  section. The agency may pay all or part of the cost of operating
 1006  and maintaining the facility or may provide services to the
 1007  private entity for which it receives full or partial
 1008  reimbursement for services rendered.
 1009         (7)Except as herein provided, this section is not intended
 1010  to amend existing laws by granting additional powers to or
 1011  further restricting the governmental entities from regulating
 1012  and entering into cooperative arrangements with the private
 1013  sector for the planning, construction, and operation of
 1014  transportation facilities.
 1015         348.0309Bonds.—
 1016         (1)Bonds may be issued on behalf of the agency as provided
 1017  by the State Bond Act.
 1018         (2)(a)The agency may issue bonds pursuant to this part
 1019  which do not pledge the full faith and credit of the state in
 1020  such principal amount as, in the opinion of the agency, is
 1021  necessary to provide sufficient moneys for achieving its
 1022  corporate purposes.
 1023         (b)The bonds of the agency issued pursuant to this part,
 1024  whether on original issuance or refunding, must be authorized by
 1025  resolution of the agency after approval of the issuance of the
 1026  bonds at a public hearing and may be either term or serial
 1027  bonds, shall bear such date or dates, mature at such time or
 1028  times, bear interest at such rate or rates, be payable
 1029  semiannually, be in such denominations, be in such form, either
 1030  coupon or fully registered, shall carry such registration,
 1031  exchangeability, and interchangeability privileges, be payable
 1032  in such medium of payment and at such place or places, be
 1033  subject to such terms of redemption, and be entitled to such
 1034  priorities on the revenues, rates, fees, rentals, or other
 1035  charges or receipts of the agency, including any county gasoline
 1036  tax funds received by the agency pursuant to the terms of any
 1037  interlocal or lease-purchase agreement between the agency or a
 1038  county, as such resolution or any resolution subsequent thereto
 1039  may provide. The bonds must be executed by such officers as the
 1040  agency determines under s. 279.06.
 1041         (c)Such bonds shall be sold by the agency at public sale
 1042  by competitive bid. However, if the agency, after receipt of a
 1043  written recommendation from a financial adviser, determines by
 1044  official action after public hearing by a two-thirds vote of all
 1045  voting members of the agency that a negotiated sale of the bonds
 1046  is in the best interest of the agency, the agency may negotiate
 1047  for sale of the bonds with the underwriter or underwriters
 1048  designated by the agency and the county in which the agency
 1049  exists. The agency shall provide specific findings in a
 1050  resolution as to the reasons requiring the negotiated sale,
 1051  which resolution shall incorporate and have attached thereto the
 1052  written recommendation of the financial adviser required by this
 1053  subsection.
 1054         (d)Any such resolution or resolutions authorizing any
 1055  bonds hereunder which do not pledge the full faith and credit of
 1056  the state may contain provisions that are part of the contract
 1057  with the holders of the bonds, as the agency determines proper.
 1058  In addition, the agency may enter into trust indentures or other
 1059  agreements with its fiscal agent, or with any bank or trust
 1060  company within or without the state, as security for such bonds,
 1061  and may, under the agreements, assign and pledge the revenues,
 1062  rates, fees, rentals, tolls, or other charges or receipts of the
 1063  agency, including any county gasoline tax funds received by the
 1064  agency.
 1065         (e)Any of the bonds issued pursuant to this part are
 1066  negotiable instruments and have all the qualities and incidents
 1067  of negotiable instruments under the law merchant and the
 1068  negotiable instruments law of the state.
 1069         (f)Each project, building, or facility that has been or
 1070  will be financed by the issuance of bonds or other evidence of
 1071  indebtedness and that does not pledge the full faith and credit
 1072  of the state under this part and any refinancing thereof are
 1073  subject to review and approval by the Legislative Budget
 1074  Commission.
 1075         348.0310Department may be appointed agent of agency for
 1076  construction.—The department may be appointed by the agency as
 1077  its agent for the purpose of constructing improvements and
 1078  extensions to an expressway system and for the completion
 1079  thereof. In such event, the agency shall provide the department
 1080  with complete copies of all documents, agreements, resolutions,
 1081  contracts, and instruments relating thereto; shall request the
 1082  department to do such construction work, including the planning,
 1083  surveying, and actual construction of the completion of and
 1084  extensions and improvements to the expressway system; and shall
 1085  transfer to the credit of an account of the department in the
 1086  State Treasury the necessary funds therefor. The department
 1087  shall thereupon proceed with such construction and use the funds
 1088  for such purpose in the same manner as it is now authorized to
 1089  use the funds otherwise provided by law for its use in the
 1090  construction of roads and bridges.
 1091         348.0311Acquisition of lands and property.—
 1092         (1)For the purposes of this act, the agency may acquire
 1093  such rights, title, or interest in private or public property
 1094  and such property rights, including easements, rights of access,
 1095  air, view, and light, by gift, devise, purchase, or condemnation
 1096  by eminent domain proceedings, as the agency may deem necessary
 1097  for any of the purposes of this act, including, but not limited
 1098  to, any lands reasonably necessary for securing applicable
 1099  permits, areas necessary for management of access, borrow pits,
 1100  drainage ditches, water retention areas, rest areas, replacement
 1101  access for landowners whose access is impaired due to the
 1102  construction of an expressway system, and replacement rights-of
 1103  way for relocated rail and utility facilities; for existing,
 1104  proposed, or anticipated transportation facilities on the
 1105  expressway system or in a transportation corridor designated by
 1106  the agency; or for the purposes of screening, relocation,
 1107  removal, or disposal of junkyards and scrap metal processing
 1108  facilities. The agency may also condemn any material and
 1109  property necessary for such purposes.
 1110         (2)The agency and its authorized agents, contractors, and
 1111  employees are authorized to enter upon any lands, waters, and
 1112  premises, upon giving reasonable notice to the landowner, for
 1113  the purpose of making surveys, soundings, drillings, appraisals,
 1114  environmental assessments including phase I and phase II
 1115  environmental surveys, archaeological assessments, and such
 1116  other examinations as are necessary for the acquisition of
 1117  private or public property and property rights, including rights
 1118  of access, air, view, and light, by gift, devise, purchase, or
 1119  condemnation by eminent domain proceedings or as are necessary
 1120  for the agency to perform its duties and functions, and any such
 1121  entry shall not be deemed a trespass or an entry that would
 1122  constitute a taking in an eminent domain proceeding. The agency
 1123  shall make reimbursement for any actual damage to such lands,
 1124  water, and premises as a result of such activities. Any entry
 1125  authorized by this subsection shall be in compliance with the
 1126  premises protections and landowner liability provisions
 1127  contained in s. 472.029.
 1128         (3)The right of eminent domain conferred by this act must
 1129  be exercised by the agency in the manner provided by law.
 1130         (4)When the agency acquires property for an expressway
 1131  system or in a transportation corridor as defined in s. 334.03,
 1132  it is not subject to any liability imposed by chapter 376 or
 1133  chapter 403 for preexisting soil or groundwater contamination
 1134  due solely to its ownership. This subsection does not affect the
 1135  rights or liabilities of any past or future owners of the
 1136  acquired property, nor does it affect the liability of any
 1137  governmental entity for the results of its actions which create
 1138  or exacerbate a pollution source. The agency and the Department
 1139  of Environmental Protection may enter into interagency
 1140  agreements for the performance, funding, and reimbursement of
 1141  the investigative and remedial acts necessary for property
 1142  acquired by the agency.
 1143         348.0312Cooperation with other units, boards, agencies,
 1144  and individuals.—Express authority and power is given and
 1145  granted to any county, municipality, drainage district, road and
 1146  bridge district, school district, or other political
 1147  subdivision, board, commission, or individual in or of this
 1148  state to enter into contracts, leases, conveyances, or other
 1149  agreements within the provisions and purposes of this act with
 1150  the agency. The agency may enter into contracts, leases,
 1151  conveyances, and other agreements, to the extent consistent with
 1152  chapters 334, 335, 338, and 339 and other provisions of the laws
 1153  of the state and with 23 U.S.C. ss. 101 et seq., with any
 1154  political subdivision, agency, or instrumentality of the state
 1155  and any and all federal agencies, corporations, and individuals
 1156  for the purpose of carrying out the provisions of this act.
 1157         348.0313Covenant of the state.—The state does hereby
 1158  pledge to, and agrees with, any person, firm, corporation, or
 1159  federal or state agency subscribing to or acquiring the bonds to
 1160  be issued by the agency for the purposes of this act that the
 1161  state will not limit or alter the rights hereby vested in the
 1162  agency and the department until all bonds at any time issued,
 1163  together with the interest thereon, are fully paid and
 1164  discharged, insofar as the same affects the rights of the
 1165  holders of bonds issued hereunder. The state does further pledge
 1166  to, and agrees with, the United States that, in the event any
 1167  federal agency constructs, or contributes any funds for the
 1168  completion, extension, or improvement of, an expressway system
 1169  or any part or portion thereof, the state will not alter or
 1170  limit the rights and powers of the agency and the department in
 1171  any manner which would be inconsistent with the continued
 1172  maintenance and operation of the expressway system or the
 1173  completion, extension, or improvement thereof or which would be
 1174  inconsistent with the due performance of any agreement between
 1175  the agency and any such federal agency, and the agency and the
 1176  department shall continue to have and may exercise all powers
 1177  granted so long as the same shall be necessary or desirable for
 1178  carrying out the purposes of this act and the purposes of the
 1179  United States in the completion, extension, or improvement of
 1180  the expressway system or any part or portion thereof.
 1181         348.0314Exemption from taxation.—The effectuation of the
 1182  authorized purposes of the agency is in all respects for the
 1183  benefit of the people of the state, for the increase of their
 1184  commerce and prosperity, and for the improvement of their health
 1185  and living conditions. For this reason, the agency is not
 1186  required to pay any taxes or assessments of any kind or nature
 1187  whatsoever upon any property acquired by it or used by it for
 1188  such purposes or upon any revenues at any time received by it.
 1189  The bonds issued by or on behalf of the agency, their transfer,
 1190  and the income therefrom, including any profits made on the sale
 1191  thereof, are exempt from taxation of any kind by the state or by
 1192  any political subdivision or other taxing agency or
 1193  instrumentality thereof. The exemption granted by this section
 1194  does not apply to any tax imposed under chapter 220 on interest,
 1195  income, or profits on debt obligations owned by corporations.
 1196         348.0315Public accountability.—
 1197         (1)The agency shall post the following information on its
 1198  website:
 1199         (a)Audited financial statements and any interim financial
 1200  reports.
 1201         (b)Board and committee meeting agendas, meeting packets,
 1202  and minutes.
 1203         (c)Bond covenants for any outstanding bond issues.
 1204         (d)Agency budgets.
 1205         (e)Agency contracts. For purposes of this paragraph, the
 1206  term “contract” means a written agreement or purchase order
 1207  issued for the purchase of goods or services or a written
 1208  agreement for the receipt of state or federal financial
 1209  assistance.
 1210         (f)Agency expenditure data, which must include the name of
 1211  the payee, the date of the expenditure, and the amount of the
 1212  expenditure. Such data must be searchable by name of the payee,
 1213  name of the paying agency, and fiscal year and must be
 1214  downloadable in a format that allows offline analysis.
 1215         (g)Information relating to current, recently completed,
 1216  and future projects on agency facilities.
 1217         (2)Beginning October 1, 2020, and annually thereafter, the
 1218  agency shall submit to the metropolitan planning organization
 1219  for the county a report providing information regarding the
 1220  amount of tolls collected and how those tolls were used in the
 1221  agency’s previous fiscal year. The report shall be posted on the
 1222  agency’s website.
 1223         348.0316Eligibility for investments and security.—Any
 1224  bonds or other obligations issued pursuant to this part shall be
 1225  and constitute legal investments for banks, savings banks,
 1226  trustees, executors, administrators, and all other fiduciaries
 1227  and for all state, municipal, and other public funds and shall
 1228  also be and constitute securities eligible for deposit as
 1229  security for all state, municipal, or other public funds,
 1230  notwithstanding the provisions of any other law or laws to the
 1231  contrary.
 1232         348.0317Pledges enforceable by bondholders.—It is the
 1233  express intention of this part that any pledge by the department
 1234  of rates, fees, revenues, county gasoline tax funds, or other
 1235  funds, as rentals, to the agency, or any covenants or agreements
 1236  relative thereto, may be enforceable in any court of competent
 1237  jurisdiction against the agency or directly against the
 1238  department by any holder of bonds issued by the agency.
 1239         348.0318This part complete and additional authority.—
 1240         (1)The powers conferred by this part are in addition and
 1241  supplemental to the existing powers of the department and the
 1242  governing body of the agency, and this part may not be construed
 1243  as repealing any of the provisions of any other law, general,
 1244  special, or local, but to supersede such other laws in the
 1245  exercise of the powers provided in this part and to provide a
 1246  complete method for the exercise of the powers granted in this
 1247  part. The extension and improvement of the expressway system,
 1248  and the issuance of bonds pursuant to this part to finance all
 1249  or part of the cost of the system, may be accomplished upon
 1250  compliance with the provisions of this part without regard to or
 1251  necessity for compliance with the provisions, limitations, or
 1252  restrictions contained in any other general, special, or local
 1253  law, including, but not limited to, s. 215.821, and no approval
 1254  of any bonds issued under this part by the qualified electors or
 1255  qualified electors who are freeholders in the state or in Miami
 1256  Dade County, or in any other political subdivision of the state,
 1257  is required for the issuance of such bonds pursuant to this
 1258  part, including, but not limited to, s. 215.821.
 1259         (2)This part does not repeal, rescind, or modify any other
 1260  law relating to the State Board of Administration, the
 1261  Department of Transportation, or the Division of Bond Finance of
 1262  the State Board of Administration, but supersedes any law that
 1263  is inconsistent with the provisions of this part, including, but
 1264  not limited to, s. 215.821.
 1265         Section 13. (1)Effective upon this act becoming a law, the
 1266  governance and control of the Miami-Dade County Expressway
 1267  Authority is transferred to the Greater Miami Expressway Agency
 1268  pursuant to the terms of this section. The assets, facilities,
 1269  tangible and intangible property and any rights in such
 1270  property, and any other legal rights of the authority, including
 1271  the expressway system operated by the authority, are transferred
 1272  to the agency. The agency succeeds to all powers of the
 1273  authority, and the operations and maintenance of the expressway
 1274  system shall be under the control of the agency. Revenues
 1275  collected on the expressway system shall be considered agency
 1276  revenues but shall be subject to the lien of the trust
 1277  indentures securing the Miami-Dade County Expressway Authority
 1278  bonds. The agency also assumes all liability for bonds of the
 1279  authority pursuant to subsection (2) and the satisfaction of any
 1280  judgment against the authority that may ultimately become due as
 1281  a result of litigation commenced before the effective date of
 1282  this act. The agency shall, in consultation with the Division of
 1283  Bond Finance, review all other contracts, financial obligations,
 1284  and contractual relationships and liabilities of the authority,
 1285  and the agency may assume responsibility for the obligations
 1286  that are determined to be necessary or desirable for the
 1287  continued operation of the expressway system. Employees,
 1288  officers, and members of the authority may not sell, dispose,
 1289  encumber, transfer, or expend the assets of the authority as
 1290  existed and reflected in the authority’s financial statements
 1291  for the fiscal year ended June 30, 2018, other than in the
 1292  ordinary course of business. For purposes of this section,
 1293  incurring debt or issuing bonds for projects contained in the 5
 1294  year work program approved and adopted by the authority on
 1295  December 5, 2017, is not considered the ordinary course of
 1296  business. Notwithstanding the foregoing, nothing contained
 1297  herein shall prevent the authority from designing and planning
 1298  projects contained in the 5-year work program approved and
 1299  adopted by the authority on December 5, 2017. The S.R.
 1300  836/Dolphin Expressway Southwest Extension to 136th Street,
 1301  commonly referred to as the Kendall Parkway, shall be a priority
 1302  for planning and design.
 1303         (2)The transfer pursuant to this section is subject to all
 1304  terms and covenants provided for the protection of the holders
 1305  of the Miami-Dade County Expressway Authority bonds in the trust
 1306  indentures or resolutions adopted in connection with the
 1307  issuance of such bonds. Further, the transfer does not impair
 1308  the terms of the contract between the authority and the
 1309  bondholders, does not act to the detriment of the bondholders,
 1310  and does not diminish the security for the bonds. After the
 1311  transfer, the agency shall operate and maintain the expressway
 1312  system and any other facilities of the authority in accordance
 1313  with the terms, conditions, and covenants contained in the trust
 1314  indentures or bond resolutions securing such bonds. The agency
 1315  shall collect toll revenues and apply them to the payment of
 1316  debt service as provided in the trust indentures or bond
 1317  resolutions securing such bonds and expressly assumes all
 1318  obligations relating to the bonds to ensure that the transfer of
 1319  the authority will have no adverse impact on the security for
 1320  the bonds of the authority.
 1321         Section 14. Before October 1, 2019, the Auditor General
 1322  shall submit a report to the Governor, the President of the
 1323  Senate, and the Speaker of the House of Representatives
 1324  assessing the financial situation of the Greater Miami
 1325  Expressway Agency, including its assets, liabilities, revenues,
 1326  operating expenses, and bonding capacity; the financial
 1327  feasibility of the toll rebate program established in s.
 1328  348.0307; and the financial feasibility of a toll rate
 1329  reduction. In determining the financial feasibility of a toll
 1330  rate reduction, the Auditor General may consult with the
 1331  agency’s bond counsel, and such counsel shall have the
 1332  opportunity to respond to such report.
 1333         Section 15. The Miami-Dade County Expressway Authority is
 1334  hereby dissolved.
 1335         Section 16. Section 348.635, Florida Statutes, is created
 1336  to read:
 1337         348.635Public-private partnership.—The Legislature
 1338  declares that there is a public need for the rapid construction
 1339  of safe and efficient transportation facilities for traveling
 1340  within the state and that it is in the public’s interest to
 1341  provide for public-private partnership agreements to effectuate
 1342  the construction of additional safe, convenient, and economical
 1343  transportation facilities.
 1344         (1)Notwithstanding any other provision of this part, the
 1345  authority may receive or solicit proposals and enter into
 1346  agreements with private entities, or consortia thereof, for the
 1347  building, operation, ownership, or financing of authority
 1348  transportation facilities or new transportation facilities
 1349  within the jurisdiction of the authority which increase
 1350  transportation capacity. The authority may not sell or lease any
 1351  transportation facility owned by the authority without providing
 1352  the analysis required in s. 334.30(6)(e)2. to the Legislative
 1353  Budget Commission created pursuant to s. 11.90 for review and
 1354  approval before awarding a contract on a lease of an existing
 1355  toll facility. The authority may adopt rules to implement this
 1356  section and shall, by rule, establish an application fee for the
 1357  submission of unsolicited proposals under this section. The fee
 1358  must be sufficient to pay the costs of evaluating the proposals.
 1359  The authority may engage private consultants to assist in the
 1360  evaluation. Before approval, the authority must determine that a
 1361  proposed project:
 1362         (a)Is in the public’s best interest.
 1363         (b)Would not require state funds to be used unless the
 1364  project is on or provides increased mobility on the State
 1365  Highway System.
 1366         (c)Would have adequate safeguards to ensure that no
 1367  additional costs or service disruptions would be realized by the
 1368  traveling public and residents of the state in the event of
 1369  default or the cancellation of the agreement by the authority.
 1370         (d)Would have adequate safeguards in place to ensure that
 1371  the department, the authority, or the private entity has the
 1372  opportunity to add capacity to the proposed project and other
 1373  transportation facilities serving similar origins and
 1374  destinations.
 1375         (e)Would be owned by the authority upon completion or
 1376  termination of the agreement.
 1377         (2)The authority shall ensure that all reasonable costs to
 1378  the state which are related to transportation facilities that
 1379  are not part of the State Highway System are borne by the
 1380  private entity. The authority shall also ensure that all
 1381  reasonable costs to the state and substantially affected local
 1382  governments and utilities related to the private transportation
 1383  facility are borne by the private entity for transportation
 1384  facilities that are owned by private entities. For projects on
 1385  the State Highway System, the department may use state resources
 1386  to participate in funding and financing the project as provided
 1387  for under the department’s enabling legislation.
 1388         (3)The authority may request proposals for public-private
 1389  transportation projects or, if it receives an unsolicited
 1390  proposal, it must publish a notice in the Florida Administrative
 1391  Register and a newspaper of general circulation in the county in
 1392  which it is located at least once a week for 2 weeks stating
 1393  that it has received the proposal and will accept, for 60 days
 1394  after the initial date of publication, other proposals for the
 1395  same project purpose. A copy of the notice must be mailed to
 1396  each local government in the affected areas. After the public
 1397  notification period has expired, the authority shall rank the
 1398  proposals in order of preference. In ranking the proposals, the
 1399  authority shall consider professional qualifications, general
 1400  business terms, innovative engineering or cost-reduction terms,
 1401  finance plans, and the need for state funds to deliver the
 1402  proposal. If the authority is not satisfied with the results of
 1403  the negotiations, it may, at its sole discretion, terminate
 1404  negotiations with the proposer. If these negotiations are
 1405  unsuccessful, the authority may go to the second and lower
 1406  ranked firms, in order, using the same procedure. If only one
 1407  proposal is received, the authority may negotiate in good faith,
 1408  and if it is not satisfied with the results, it may, at its sole
 1409  discretion, terminate negotiations with the proposer. The
 1410  authority may, at its discretion, reject all proposals at any
 1411  point in the process up to completion of a contract with the
 1412  proposer.
 1413         (4)Agreements entered into pursuant to this section may
 1414  authorize the public-private entity to impose tolls or fares for
 1415  the use of the facility. However, the amount and use of toll or
 1416  fare revenues shall be regulated by the authority to avoid
 1417  unreasonable costs to users of the facility.
 1418         (5)Each public-private transportation facility constructed
 1419  pursuant to this section shall comply with all requirements of
 1420  federal, state, and local laws; state, regional, and local
 1421  comprehensive plans; the authority’s rules, policies,
 1422  procedures, and standards for transportation facilities; and any
 1423  other conditions that the authority determines to be in the
 1424  public’s best interest.
 1425         (6)The authority may exercise any power possessed by it,
 1426  including eminent domain, to facilitate the development and
 1427  construction of transportation projects pursuant to this
 1428  section. The authority may pay all or part of the cost of
 1429  operating and maintaining the facility or may provide services
 1430  to the private entity for which it receives full or partial
 1431  reimbursement for services rendered.
 1432         (7)Except as herein provided, this section is not intended
 1433  to amend existing laws by granting additional powers to or
 1434  further restricting the governmental entities from regulating
 1435  and entering into cooperative arrangements with the private
 1436  sector for the planning, construction, and operation of
 1437  transportation facilities.
 1438         Section 17. Section 348.7605, Florida Statutes, is created
 1439  to read:
 1440         348.7605Public-private partnership.—The Legislature
 1441  declares that there is a public need for the rapid construction
 1442  of safe and efficient transportation facilities for traveling
 1443  within the state and that it is in the public’s interest to
 1444  provide for public-private partnership agreements to effectuate
 1445  the construction of additional safe, convenient, and economical
 1446  transportation facilities.
 1447         (1)Notwithstanding any other provision of this part, the
 1448  authority may receive or solicit proposals and enter into
 1449  agreements with private entities, or consortia thereof, for the
 1450  building, operation, ownership, or financing of authority
 1451  transportation facilities or new transportation facilities
 1452  within the jurisdiction of the authority which increase
 1453  transportation capacity. The authority may not sell or lease any
 1454  transportation facility owned by the authority without providing
 1455  the analysis required in s. 334.30(6)(e)2. to the Legislative
 1456  Budget Commission created pursuant to s. 11.90 for review and
 1457  approval before awarding a contract on a lease of an existing
 1458  toll facility. The authority may adopt rules to implement this
 1459  section and shall, by rule, establish an application fee for the
 1460  submission of unsolicited proposals under this section. The fee
 1461  must be sufficient to pay the costs of evaluating the proposals.
 1462  The authority may engage private consultants to assist in the
 1463  evaluation. Before approval, the authority must determine that a
 1464  proposed project:
 1465         (a)Is in the public’s best interest.
 1466         (b)Would not require state funds to be used unless the
 1467  project is on or provides increased mobility on the State
 1468  Highway System.
 1469         (c)Would have adequate safeguards to ensure that no
 1470  additional costs or service disruptions would be realized by the
 1471  traveling public and residents of the state in the event of
 1472  default or the cancellation of the agreement by the authority.
 1473         (d)Would have adequate safeguards in place to ensure that
 1474  the department, the authority, or the private entity has the
 1475  opportunity to add capacity to the proposed project and other
 1476  transportation facilities serving similar origins and
 1477  destinations.
 1478         (e)Would be owned by the authority upon completion or
 1479  termination of the agreement.
 1480         (2)The authority shall ensure that all reasonable costs to
 1481  the state which are related to transportation facilities that
 1482  are not part of the State Highway System are borne by the
 1483  private entity. The authority shall also ensure that all
 1484  reasonable costs to the state and substantially affected local
 1485  governments and utilities related to the private transportation
 1486  facility are borne by the private entity for transportation
 1487  facilities that are owned by private entities. For projects on
 1488  the State Highway System, the department may use state resources
 1489  to participate in funding and financing the project as provided
 1490  for under the department’s enabling legislation.
 1491         (3)The authority may request proposals for public-private
 1492  transportation projects or, if it receives an unsolicited
 1493  proposal, it must publish a notice in the Florida Administrative
 1494  Register and a newspaper of general circulation in the county in
 1495  which it is located at least once a week for 2 weeks stating
 1496  that it has received the proposal and will accept, for 60 days
 1497  after the initial date of publication, other proposals for the
 1498  same project purpose. A copy of the notice must be mailed to
 1499  each local government in the affected areas. After the public
 1500  notification period has expired, the authority shall rank the
 1501  proposals in order of preference. In ranking the proposals, the
 1502  authority shall consider professional qualifications, general
 1503  business terms, innovative engineering or cost-reduction terms,
 1504  finance plans, and the need for state funds to deliver the
 1505  proposal. If the authority is not satisfied with the results of
 1506  the negotiations, it may, at its sole discretion, terminate
 1507  negotiations with the proposer. If these negotiations are
 1508  unsuccessful, the authority may go to the second and lower
 1509  ranked firms, in order, using the same procedure. If only one
 1510  proposal is received, the authority may negotiate in good faith,
 1511  and if it is not satisfied with the results, it may, at its sole
 1512  discretion, terminate negotiations with the proposer. The
 1513  authority may, at its discretion, reject all proposals at any
 1514  point in the process up to completion of a contract with the
 1515  proposer.
 1516         (4)Agreements entered into pursuant to this section may
 1517  authorize the public-private entity to impose tolls or fares for
 1518  the use of the facility. However, the amount and use of toll or
 1519  fare revenues shall be regulated by the authority to avoid
 1520  unreasonable costs to users of the facility.
 1521         (5)Each public-private transportation facility constructed
 1522  pursuant to this section shall comply with all requirements of
 1523  federal, state, and local laws; state, regional, and local
 1524  comprehensive plans; the authority’s rules, policies,
 1525  procedures, and standards for transportation facilities; and any
 1526  other conditions that the authority determines to be in the
 1527  public’s best interest.
 1528         (6)The authority may exercise any power possessed by it,
 1529  including eminent domain, to facilitate the development and
 1530  construction of transportation projects pursuant to this
 1531  section. The authority may pay all or part of the cost of
 1532  operating and maintaining the facility or may provide services
 1533  to the private entity for which it receives full or partial
 1534  reimbursement for services rendered.
 1535         (7)Except as herein provided, this section is not intended
 1536  to amend existing laws by granting additional powers to or
 1537  further restricting the governmental entities from regulating
 1538  and entering into cooperative arrangements with the private
 1539  sector for the planning, construction, and operation of
 1540  transportation facilities.
 1541         Section 18. Pursuant to section 20 of chapter 2014-171,
 1542  Laws of Florida, part V of chapter 348, Florida Statutes,
 1543  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
 1544  348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and
 1545  348.9961, is repealed.
 1546         Section 19. Except as otherwise expressly provided in this
 1547  act and except for this section, which shall take effect upon
 1548  this act becoming a law, this act shall take effect July 1,
 1549  2019.
 1550  
 1551  ================= T I T L E  A M E N D M E N T ================
 1552  And the title is amended as follows:
 1553         Delete everything before the enacting clause
 1554  and insert:
 1555                        A bill to be entitled                      
 1556         An act relating to transportation; amending s. 20.23,
 1557         F.S.; conforming provisions to changes made by the
 1558         act; amending s. 112.3144, F.S.; deleting an obsolete
 1559         provision; requiring members of certain authorities
 1560         and agencies to comply with certain financial
 1561         disclosure requirements; amending s. 212.055, F.S.;
 1562         revising the authorized uses of proceeds from charter
 1563         county and regional transportation system surtaxes;
 1564         requiring certain counties to use surtax proceeds only
 1565         for purposes related to fixed guideway rapid transit
 1566         systems, rail systems, bus systems, development of
 1567         dedicated facilities for autonomous vehicles, and
 1568         certain projects; authorizing the use of surtax
 1569         proceeds for the purchase of rights-of-way under
 1570         certain circumstances; authorizing the use of surtax
 1571         proceeds for the payment of principal and interest on,
 1572         refinancing of, and issuance of certain bonds;
 1573         authorizing the use of surtax proceeds for operations
 1574         and maintenance on specified projects initiated after
 1575         a certain date; authorizing a percentage of surtax
 1576         proceeds to be distributed to certain municipalities
 1577         to be used for certain purposes; amending s. 215.68,
 1578         F.S.; conforming provisions to changes made by the
 1579         act; reviving, reenacting, and amending s. 319.141,
 1580         F.S.; revising the definition of the term “rebuilt
 1581         inspection services”; revising provisions relating to
 1582         the rebuilt motor vehicle inspection program; revising
 1583         participant duties and responsibilities; revising
 1584         location and insurance requirements; authorizing the
 1585         Department of Highway Safety and Motor Vehicles to
 1586         adopt rules; requiring a report to the Legislature
 1587         within a certain timeframe; amending s. 334.175, F.S.;
 1588         requiring the Department of Transportation to review
 1589         design plans for transportation projects relating to
 1590         department-owned rights-of-way under certain
 1591         circumstances; amending s. 337.025, F.S.; authorizing
 1592         the department to establish a program for
 1593         transportation projects that demonstrate certain
 1594         innovative techniques for measuring resiliency and
 1595         structural integrity and controlling time and cost
 1596         increases; amending s. 338.165, F.S.; deleting cross
 1597         references; amending s. 339.175, F.S.; authorizing
 1598         certain counties to elect to have their county
 1599         commissions serve as the metropolitan planning
 1600         organizations under certain circumstances; prohibiting
 1601         metropolitan planning organizations in certain
 1602         counties from assessing certain fees; amending s.
 1603         343.1003, F.S.; revising a cross-reference; repealing
 1604         part I of ch. 348, F.S., relating to the creation and
 1605         operation of the Florida Expressway Authority Act;
 1606         creating part I of ch. 348, F.S., titled “Greater
 1607         Miami Expressway Agency”; creating s. 348.0301, F.S.;
 1608         providing a short title; creating s. 348.0302, F.S.;
 1609         providing applicability; creating s. 348.0303, F.S.;
 1610         providing definitions; creating s. 348.0304, F.S.;
 1611         creating the Greater Miami Expressway Agency;
 1612         providing for membership on the governing body of the
 1613         agency; providing requirements for the governing body
 1614         of the agency; requiring the initial meeting of the
 1615         governing body by a certain date; requiring an oath of
 1616         office; authorizing the governing body to employ
 1617         certain officers, staff, and agents, subject to
 1618         certain requirements; authorizing the delegation of
 1619         certain functions; providing for the removal from
 1620         office of members of the governing body under certain
 1621         circumstances; providing requirements for employment
 1622         with the agency; requiring the governing body to
 1623         conduct a nationwide search in the hiring of an
 1624         executive director of the agency; providing that
 1625         members of the governing body are not entitled to
 1626         compensation but are entitled to per diem and travel
 1627         expenses; creating s. 348.0305, F.S.; providing ethics
 1628         requirements for the agency; providing applicability
 1629         of certain provisions; providing definitions;
 1630         prohibiting certain persons from being appointed to
 1631         the governing body of the agency; providing certain
 1632         prohibitions for members and employees of the agency
 1633         after vacation of their positions; providing
 1634         disclosure requirements; providing that violation of
 1635         certain provisions are considered violation of
 1636         official, employment, or contractual duties; requiring
 1637         certain ethics training; providing application and
 1638         enforcement; creating s. 348.0306, F.S.; providing
 1639         agency purposes and powers; requiring the agency to
 1640         construct expressways; providing construction
 1641         requirements; prohibiting an increase in toll rates
 1642         until a specified date, subject to certain exceptions;
 1643         requiring a supermajority vote for an increase in toll
 1644         rates; providing a limit to administrative costs;
 1645         requiring the Florida Transportation Commission to
 1646         determine the annual state average of administrative
 1647         costs; requiring a minimum distance between tolling
 1648         points; authorizing establishment of specified toll
 1649         rates; providing agency responsibilities regarding
 1650         reimbursement of certain county gasoline tax funds;
 1651         providing project approval requirements; providing
 1652         agency requirements and restrictions; authorizing the
 1653         governing body of a county to enter into an interlocal
 1654         agreement with the agency for certain purposes;
 1655         requiring an annual financial audit of the agency,
 1656         subject to certain requirements; creating s. 348.0307,
 1657         F.S.; creating the Greater Miami Toll Rebate Program;
 1658         requiring the agency to develop and implement a
 1659         monthly rebate program beginning on a specified date,
 1660         subject to certain requirements; requiring monthly
 1661         rebates to be credited to the account of certain
 1662         SunPass holders; providing a goal for the amount of
 1663         rebates; requiring review of the rebate within a
 1664         specified period; authorizing adjustment of the rebate
 1665         upon such review; prohibiting the agency from imposing
 1666         additional requirements for receipt of the toll
 1667         rebate; creating s. 348.0308, F.S.; providing a
 1668         legislative declaration; authorizing the agency to
 1669         enter into certain public-private partnership
 1670         agreements; authorizing solicitation or receipt of
 1671         certain proposals; prohibiting the agency from selling
 1672         or leasing any transportation facility owned by the
 1673         agency without providing a certain analysis to the
 1674         Legislative Budget Commission for review and approval;
 1675         providing rulemaking authority; requiring the agency
 1676         to establish a certain application fee by rule;
 1677         providing approval requirements; requiring certain
 1678         costs to be borne by the private entity; providing
 1679         notice requirements for requests for proposals;
 1680         providing for ranking and negotiation of proposals;
 1681         requiring the agency to regulate tolls on certain
 1682         facilities; requiring compliance with specified laws,
 1683         rules, and conditions; authorizing certain powers for
 1684         the development, construction, operation, and
 1685         maintenance of transportation projects by the agency
 1686         or private entities; providing construction; creating
 1687         s. 348.0309, F.S.; authorizing the agency to have
 1688         bonds issued as provided in the State Bond Act;
 1689         authorizing the agency to issue its own bonds;
 1690         providing requirements for the issuance of such bonds;
 1691         requiring the sale of bonds at a public sale;
 1692         providing an exception, subject to certain
 1693         requirements; providing that resolutions authorizing
 1694         certain bonds may contain certain provisions;
 1695         authorizing the agency to enter into certain trust
 1696         indentures or other agreements with specified
 1697         entities; providing that bonds are negotiable
 1698         instruments under certain provisions of law; requiring
 1699         approval by the Legislative Budget Commission for
 1700         certain projects, buildings, or facilities and any
 1701         refinancing thereof; creating s. 348.0310, F.S.;
 1702         authorizing the department to be appointed as an agent
 1703         of the agency for construction purposes; requiring the
 1704         agency to provide specified documents and funding to
 1705         the department; creating s. 348.0311, F.S.;
 1706         authorizing the agency to acquire lands and property;
 1707         authorizing the agency to condemn certain material and
 1708         property; authorizing the agency and specified persons
 1709         to enter upon lands, waters, and premises for certain
 1710         purposes; providing notice requirements; requiring the
 1711         agency to make reimbursement for damages to such
 1712         lands, waters, and premises; requiring such entry to
 1713         comply with certain provisions; providing requirements
 1714         for the agency’s exercise of the right eminent domain;
 1715         exempting the agency from certain liability; providing
 1716         construction; authorizing interagency agreements with
 1717         the Department of Environmental Protection for certain
 1718         purposes; creating s. 348.0312, F.S.; authorizing
 1719         agency agreements with other units of government and
 1720         individuals; creating s. 348.0313, F.S.; providing a
 1721         covenant of the state that it will not limit certain
 1722         rights or powers; creating s. 348.0314, F.S.;
 1723         exempting the agency from taxation; providing an
 1724         exception; creating s. 348.0315, F.S.; requiring
 1725         specified information to be posted on the agency’s
 1726         website; defining the term “contract”; requiring the
 1727         agency to submit a certain annual report, beginning on
 1728         a specified date, to the metropolitan planning
 1729         organization for the county; creating s. 348.0316,
 1730         F.S.; providing that specified bonds or obligations
 1731         are legal investments and eligible securities for
 1732         certain purposes; creating s. 348.0317, F.S.;
 1733         providing that specified pledges are enforceable by
 1734         bondholders; creating s. 348.0318, F.S.; providing
 1735         that the powers conferred by certain provisions are in
 1736         addition and supplemental to the existing powers of
 1737         the Department of Transportation and the governing
 1738         body of the agency; providing construction;
 1739         transferring the governance, control, assets, and
 1740         rights of the Miami-Dade County Expressway Authority
 1741         to the Greater Miami Expressway Agency; providing that
 1742         the agency succeeds to all powers of the authority;
 1743         requiring the operations and maintenance of the
 1744         expressway system to be under the control of the
 1745         agency; providing that revenues collected on the
 1746         expressway system are agency revenues, subject to
 1747         certain liens; providing that the agency assumes
 1748         certain liabilities; requiring the agency, in
 1749         consultation with the Division of Bond Finance, to
 1750         review all other contracts, financial obligations, and
 1751         contractual relationships and liabilities of the
 1752         authority; authorizing the agency to assume
 1753         responsibility for certain obligations; prohibiting
 1754         employees, officers, and members of the authority from
 1755         taking specified actions; providing terms and
 1756         conditions of the transfer; requiring the Auditor
 1757         General to submit a financial report to the Governor
 1758         and the Legislature by a certain date; authorizing
 1759         consultation with the agency’s bond counsel for
 1760         specified purposes; requiring such counsel to have the
 1761         opportunity to respond to the report; providing for
 1762         the dissolution of the Miami-Dade County Expressway
 1763         Authority; creating ss. 348.635 and 348.7605, F.S.;
 1764         providing a legislative declaration; authorizing the
 1765         Tampa-Hillsborough County Expressway Authority and the
 1766         Central Florida Expressway Authority to enter into
 1767         certain public-private partnership agreements;
 1768         authorizing solicitation or receipt of certain
 1769         proposals; prohibiting the authorities from selling or
 1770         leasing any transportation facility owned by the
 1771         authorities without providing a certain analysis to
 1772         the Legislative Budget Commission for review and
 1773         approval; providing rulemaking authority; requiring
 1774         the authorities to establish a certain application fee
 1775         by rule; providing approval requirements; requiring
 1776         certain costs to be borne by the private entity;
 1777         providing notice requirements for requests for
 1778         proposals; providing for ranking and negotiation of
 1779         proposals; requiring the authorities to regulate tolls
 1780         on certain facilities; requiring compliance with
 1781         specified laws, rules, and conditions; authorizing
 1782         certain powers for the development, construction,
 1783         operation, and maintenance of transportation projects
 1784         by the authorities or private entities; providing
 1785         construction; repealing part V of ch. 348, F.S.,
 1786         relating to the Osceola County Expressway Authority
 1787         Law; providing effective dates.