Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 898
       
       
       
       
       
       
                                Ì5448345Î544834                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2019           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Diaz) recommended 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  authority’s operations and budget, acquisition of property,
   57  management of revenue and bond proceeds, and compliance with
   58  applicable laws and generally accepted accounting principles.
   59         Section 2. Subsection (1) of section 112.3144, Florida
   60  Statutes, is amended to read:
   61         112.3144 Full and public disclosure of financial
   62  interests.—
   63         (1)(a) An officer who is required by s. 8, Art. II of the
   64  State Constitution to file a full and public disclosure of his
   65  or her financial interests for any calendar or fiscal year shall
   66  file that disclosure with the Florida Commission on Ethics.
   67  Additionally, beginning January 1, 2015, an officer who is
   68  required to complete annual ethics training pursuant to s.
   69  112.3142 must certify on his or her full and public disclosure
   70  of financial interests that he or she has completed the required
   71  training.
   72         (b)A member of an expressway authority, transportation
   73  authority, bridge authority, toll authority, or transportation
   74  agency created pursuant to chapter 343, chapter 348, or any
   75  other general law shall comply with the applicable financial
   76  disclosure requirements of s. 8, Art. II of the State
   77  Constitution.
   78         Section 3. Paragraph (d) of subsection (1) of section
   79  212.055, Florida Statutes, is amended to read:
   80         212.055 Discretionary sales surtaxes; legislative intent;
   81  authorization and use of proceeds.—It is the legislative intent
   82  that any authorization for imposition of a discretionary sales
   83  surtax shall be published in the Florida Statutes as a
   84  subsection of this section, irrespective of the duration of the
   85  levy. Each enactment shall specify the types of counties
   86  authorized to levy; the rate or rates which may be imposed; the
   87  maximum length of time the surtax may be imposed, if any; the
   88  procedure which must be followed to secure voter approval, if
   89  required; the purpose for which the proceeds may be expended;
   90  and such other requirements as the Legislature may provide.
   91  Taxable transactions and administrative procedures shall be as
   92  provided in s. 212.054.
   93         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   94  SURTAX.—
   95         (d)1.Except as set forth in subparagraph 2., proceeds from
   96  the surtax shall be applied to as many or as few of the uses
   97  enumerated below in whatever combination the county commission
   98  deems appropriate:
   99         a.1. Deposited by the county in the trust fund and shall be
  100  used for the purposes of development, construction, equipment,
  101  maintenance, operation, supportive services, including a
  102  countywide bus system, on-demand transportation services, and
  103  related costs of a fixed guideway rapid transit system;
  104         b.2. Remitted by the governing body of the county to an
  105  expressway, transit, or transportation authority created by law
  106  to be used, at the discretion of such authority, for the
  107  development, construction, operation, or maintenance of roads or
  108  bridges in the county, for the operation and maintenance of a
  109  bus system, for the operation and maintenance of on-demand
  110  transportation services, for the payment of principal and
  111  interest on existing bonds issued for the construction of such
  112  roads or bridges, and, upon approval by the county commission,
  113  such proceeds may be pledged for bonds issued to refinance
  114  existing bonds or new bonds issued for the construction of such
  115  roads or bridges;
  116         3.Used by the county for the development, construction,
  117  operation, and maintenance of roads and bridges in the county;
  118  for the expansion, operation, and maintenance of bus and fixed
  119  guideway systems; for the expansion, operation, and maintenance
  120  of on-demand transportation services; and for the payment of
  121  principal and interest on bonds issued for the construction of
  122  fixed guideway rapid transit systems, bus systems, roads, or
  123  bridges; and such proceeds may be pledged by the governing body
  124  of the county for bonds issued to refinance existing bonds or
  125  new bonds issued for the construction of such fixed guideway
  126  rapid transit systems, bus systems, roads, or bridges and no
  127  more than 25 percent used for nontransit uses; and
  128         c.4. Used by the county for the planning, development,
  129  construction, operation, and maintenance of roads and bridges in
  130  the county; for the planning, development, expansion, operation,
  131  and maintenance of bus and fixed guideway systems; for the
  132  planning, development, construction, expansion, operation, and
  133  maintenance of on-demand transportation services; and for the
  134  payment of principal and interest on bonds issued for the
  135  construction of fixed guideway rapid transit systems, bus
  136  systems, roads, or bridges; and such proceeds may be pledged by
  137  the governing body of the county for bonds issued to refinance
  138  existing bonds or new bonds issued for the construction of such
  139  fixed guideway rapid transit systems, bus systems, roads, or
  140  bridges. Pursuant to an interlocal agreement entered into
  141  pursuant to chapter 163, the governing body of the county may
  142  distribute proceeds from the tax to a municipality, or an
  143  expressway or transportation authority created by law to be
  144  expended for the purpose authorized by this paragraph. Any
  145  county that has entered into interlocal agreements for
  146  distribution of proceeds to one or more municipalities in the
  147  county shall revise such interlocal agreements no less than
  148  every 5 years in order to include any municipalities that have
  149  been created since the prior interlocal agreements were
  150  executed.
  151         2.a.Effective October 1, 2022, and to the extent not
  152  prohibited by contracts or bond covenants in effect on that
  153  date, a county as defined in s. 125.011(1) shall use proceeds
  154  from the surtax only for the following purposes:
  155         (I)The planning, design, engineering, or construction of
  156  fixed guideway rapid transit systems and bus systems, including
  157  bus rapid transit systems, and for the development of dedicated
  158  facilities for autonomous vehicles as defined in s. 316.003.
  159         (II)The acquisition of rights-of-way for fixed guideway
  160  rapid transit systems and bus systems, including bus rapid
  161  transit systems, and for the development of dedicated facilities
  162  for autonomous vehicles as defined in s. 316.003.
  163         (III)The purchase of buses or other capital costs for bus
  164  systems, including bus rapid transit systems.
  165         (IV)The payment of principal and interest on bonds
  166  previously issued related to fixed guideway rapid transit
  167  systems or bus systems.
  168         (V)As security by the governing body of the county to
  169  refinance existing bonds or to issue new bonds for the planning,
  170  design, engineering, or construction of fixed guideway rapid
  171  transit systems, bus rapid transit systems, or bus systems.
  172         b.Effective October 1, 2022, to the extent not prohibited
  173  by contracts or bond covenants in effect on that date, not more
  174  than a total of 25 percent of the surtax proceeds may be
  175  distributed to municipalities in a county as defined in s.
  176  125.011(1). Such municipalities may use the surtax proceeds to
  177  plan, develop, construct, operate, and maintain roads and
  178  bridges in the municipality and to pay the principal and
  179  interest on bonds issued to construct roads or bridges. The
  180  governing body of the municipality may pledge the proceeds for
  181  bonds issued to refinance existing bonds or new bonds issued to
  182  construct such roads or bridges. Additionally, each such
  183  municipality may use surtax proceeds for transit systems within
  184  the municipality.
  185         c.Effective October 1, 2022, proceeds from the surtax may
  186  not be used by a county as defined in s. 125.011(1) for salaries
  187  or other personnel expenses of the county transportation
  188  department.
  189         Section 4. Subsection (2) of section 215.68, Florida
  190  Statutes, is amended to read:
  191         215.68 Issuance of bonds; form; maturity date, execution,
  192  sale.—
  193         (2) Such bonds may:
  194         (a) Be issued in either coupon form or registered form or
  195  both;
  196         (b) Have such date or dates of issue and such maturities,
  197  not exceeding in any event 40 years from the date of issuance
  198  thereof;
  199         (c) Bear interest at a rate or rates not exceeding the
  200  interest rate limitation set forth in s. 215.84(3);
  201         (d) Have such provisions for registration of coupon bonds
  202  and conversion and reconversion of bonds from coupon to
  203  registered form or from registered form to coupon form;
  204         (e) Have such provisions for payment at maturity and
  205  redemption before prior to maturity at such time or times and at
  206  such price or prices; and
  207         (f) Be payable at such place or places within or without
  208  the state as the board shall determine by resolution.
  209  
  210  The foregoing terms and conditions do not supersede the
  211  limitations provided in chapter 348, part I, relating to the
  212  issuance of bonds.
  213         Section 5. Notwithstanding the repeal of section 319.141,
  214  Florida Statutes, which occurred on July 1, 2018, that section
  215  is revived, reenacted, and amended, to read:
  216         319.141 Pilot Rebuilt motor vehicle inspection program.—
  217         (1) As used in this section, the term:
  218         (a) “Facility” means a rebuilt motor vehicle inspection
  219  facility authorized and operating under this section.
  220         (b) “Rebuilt inspection services” means an examination of a
  221  rebuilt vehicle and a properly endorsed certificate of title,
  222  salvage certificate of title, or manufacturer’s statement of
  223  origin and an application for a rebuilt certificate of title, a
  224  rebuilder’s affidavit, a photograph of the junk or salvage
  225  vehicle taken before repairs began, if available, a photograph
  226  of the interior driver and passenger side of the vehicle if
  227  airbags were previously deployed and replaced, receipts or
  228  invoices for all major component parts, as defined in s. 319.30,
  229  and repairs which were changed, and proof that notice of
  230  rebuilding of the vehicle has been reported to the National
  231  Motor Vehicle Title Information System.
  232         (2) By October 1, 2019 July 1, 2015, the department shall
  233  implement oversee a pilot program in Miami-Dade County to
  234  evaluate alternatives for rebuilt inspection services offered by
  235  existing private sector participants. The department may select
  236  up to four applicants who are deemed, at its discretion, to be
  237  most qualified operators, including the continued use of private
  238  facilities, the cost impact to consumers, and the potential
  239  savings to the department.
  240         (3) Upon selection, each participant shall enter into The
  241  department shall establish a memorandum of understanding with
  242  the department which that allows the participant private parties
  243  participating in the pilot program to conduct rebuilt motor
  244  vehicle inspections; and specifies requirements for oversight,
  245  bonding and insurance, procedures, and forms; and requires the
  246  electronic transmission of documents. The department may examine
  247  all records pertaining to any inspection or related service
  248  performed under the pilot program.
  249         (4) Before a participant an applicant is allowed to furnish
  250  such rebuilt inspection program approved, the department must
  251  shall ensure that the participant applicant meets basic criteria
  252  designed to protect the public. At a minimum, the applicant
  253  shall meet all of the following requirements:
  254         (a) Have and maintain a surety bond or irrevocable letter
  255  of credit in the amount of $100,000 executed in favor of the
  256  department. Such surety bond or letter of credit must be issued
  257  by entities licensed to do business in this state by the
  258  applicant.
  259         (b) Secure and maintain a facility at a permanent fixed
  260  structure, as evidenced by proof of ownership or written lease
  261  at an address identified by a county-issued tax folio number and
  262  recognized by the United States Postal Service where the only
  263  services provided on such property are rebuilt inspection
  264  services. The facility must have permanent signage that
  265  advertises that only private rebuilt inspection services are
  266  provided at that location and must have posted business hours, a
  267  designated office area and customer waiting area, a rebuilt
  268  inspection area separate and visually obstructed from any area
  269  accessible to the customer, surveillance cameras with recording
  270  capabilities for the rebuilt inspection areas, and sufficient
  271  on-site customer parking. The location must be large enough to
  272  accommodate all of the vehicles being inspected and must have a
  273  covered area to accommodate at least two vehicles during
  274  inclement weather. The participant operator of a facility shall
  275  annually attest that he or she is not employed by or does not
  276  have an ownership interest in or other financial arrangement
  277  with the owner, operator, manager, or employee of a motor
  278  vehicle repair shop as defined in s. 559.903, a motor vehicle
  279  dealer as defined in s. 320.27(1)(c), a towing company, a
  280  vehicle storage company, a vehicle auction, an insurance
  281  company, a salvage yard, a metal retailer, or a metal rebuilder,
  282  from which he or she receives remuneration, directly or
  283  indirectly, for the referral of customers for rebuilt inspection
  284  services; he or she does not have a direct or indirect interest
  285  in any motor vehicle that a facility has inspected or proposes
  286  to inspect; there have been no changes to the ownership
  287  structure of the approved facility; and the only services being
  288  provided by such participant at the facility are rebuilt
  289  inspection services. Only a participant selected and approved by
  290  the department may charge or receive a fee for providing or
  291  facilitating such services.
  292         (c) Have and maintain garage liability insurance coverage
  293  with at least $100,000 single-limit liability coverage that
  294  includes bodily injury and property damage protection, and any
  295  other insurance required by the department.
  296         (d) Have completed criminal background checks of the
  297  owners, partners, and corporate officers and the inspectors
  298  employed by the facility which demonstrate that such persons
  299  have not pled guilty or nolo contendre to or been convicted of a
  300  felony, or been incarcerated for a felony in the last 10 years.
  301         (e)A participant may not conduct an inspection of a
  302  vehicle in complete rebuilt condition without prior approval by
  303  the department. No person or entity, other than the department
  304  or participant authorized by the department, may conduct rebuilt
  305  inspection services.
  306         (f)(e) Meet any additional criteria the department
  307  determines necessary to conduct proper inspections.
  308         (5) A participant in the program shall access vehicle and
  309  title information and enter inspection results through an
  310  electronic filing system authorized by the department and shall
  311  maintain records of each rebuilt vehicle inspection processed at
  312  such facility for at least 5 years.
  313         (6)An applicant that fails an initial rebuilt inspection
  314  may only have that vehicle re-inspected by the department or the
  315  facility that conducted the original inspection.
  316         (7)(6) The department shall conduct an on-site facility
  317  inspection at least once per quarter and shall immediately
  318  terminate any participant operator from the program who fails to
  319  meet the minimum eligibility requirements specified in
  320  subsection (4). Before a change in ownership of a rebuilt
  321  inspection facility, the current operator must give the
  322  department 45 days’ written notice of the intended sale or
  323  transfer. The prospective owner must meet the eligibility
  324  requirements of this section and execute a new memorandum of
  325  understanding with the department before operating the facility.
  326         (8)The department may adopt rules pursuant to ss.
  327  120.536(1) and 120.54 to implement and enforce this section. The
  328  department shall also have the nonexclusive power to define by
  329  rule, any term, whether or not used in this section, insofar as
  330  the definition is not inconsistent with this section.
  331         (9)On or before July 1, 2021, the department shall submit
  332  a written report to the President of the Senate and the Speaker
  333  of the House of Representatives evaluating the effectiveness of
  334  the program and recommending whether to expand the program into
  335  other counties.
  336         (10)(7) This section is repealed on July 1, 2022 2018,
  337  unless saved from repeal through reenactment by the Legislature.
  338         Section 6. Section 334.175, Florida Statutes, is amended to
  339  read:
  340         334.175 Certification of project design plans and surveys.—
  341         (1) All design plans and surveys prepared by or for the
  342  department shall be signed, sealed, and certified by the
  343  professional engineer or surveyor or architect or landscape
  344  architect in responsible charge of the project work. Such
  345  professional engineer, surveyor, architect, or landscape
  346  architect must be duly registered in this state.
  347         (2)Regardless of their funding source, the department
  348  shall approve the design plans for all transportation projects
  349  on, under, over, or abutting a department-owned right-of-way
  350  which meet the department’s design standards.
  351         Section 7. Subsection (1) of section 337.025, Florida
  352  Statutes, is amended to read:
  353         337.025 Innovative transportation highway projects;
  354  department to establish program.—
  355         (1) The department may is authorized to establish a program
  356  for transportation highway projects demonstrating innovative
  357  techniques of highway and bridge design, construction,
  358  maintenance, and finance which have the intended effect of
  359  measuring resiliency and structural integrity and controlling
  360  time and cost increases on construction projects. Such
  361  techniques may include, but are not limited to, state-of-the-art
  362  technology for pavement, safety, and other aspects of highway
  363  and bridge design, construction, and maintenance; innovative
  364  bidding and financing techniques; accelerated construction
  365  procedures; and those techniques that have the potential to
  366  reduce project life cycle costs. To the maximum extent
  367  practical, the department must use the existing process to award
  368  and administer construction and maintenance contracts. When
  369  specific innovative techniques are to be used, the department is
  370  not required to adhere to those provisions of law that would
  371  prevent, preclude, or in any way prohibit the department from
  372  using the innovative technique. However, before prior to using
  373  an innovative technique that is inconsistent with another
  374  provision of law, the department must document in writing the
  375  need for the exception and identify what benefits the traveling
  376  public and the affected community are anticipated to receive.
  377  The department may enter into no more than $120 million in
  378  contracts annually for the purposes authorized by this section.
  379  All proposed projects, including all different alternatives,
  380  must be designed and constructed using the English system of
  381  units. The proposed design speed must be 70 miles per hour. The
  382  plans and specifications must be prepared in accordance with the
  383  department’s most recent design standards, Plans Preparation
  384  Manual, and drainage manual, Flexible Pavement Design Manual,
  385  the American Association of State Highway Transportation
  386  Officials, and all current department memorandums.
  387         Section 8. Subsections (2) and (5) of section 338.165,
  388  Florida Statutes, are amended to read:
  389         338.165 Continuation of tolls.—
  390         (2) If the revenue-producing project is on the State
  391  Highway System, any remaining toll revenue shall be used for the
  392  construction, maintenance, or improvement of any road on the
  393  State Highway System within the county or counties in which the
  394  revenue-producing project is located, except as provided in s.
  395  348.0004.
  396         (5) If the revenue-producing project is on the county road
  397  system, any remaining toll revenue shall be used for the
  398  construction, maintenance, or improvement of any other state or
  399  county road within the county or counties in which the revenue
  400  producing project is located, except as provided in s. 348.0004.
  401         Section 9. Subsections (5) and (6) of section 338.166,
  402  Florida Statutes, are renumbered as subsections (6) and (7),
  403  respectively, present subsection (7) of that section is
  404  renumbered as subsection (9) and amended, and new subsection (5)
  405  and subsection (8) are added to that section, to read:
  406         338.166 High-occupancy toll lanes or express lanes.—
  407         (5)Notwithstanding any other provision of law to the
  408  contrary, in a county as defined in s. 125.011(1), a toll for a
  409  high-occupancy toll lane or express lane may not exceed $1.25
  410  per mile.
  411         (8)Beginning on October 1, 2020, and annually thereafter,
  412  the department, including the Florida Turnpike Enterprise, shall
  413  submit to the board of county commissioners of a county as
  414  defined in s. 125.011(1) and to the metropolitan planning
  415  organization for that county a report providing information
  416  regarding the amount of tolls collected in that county and how
  417  those tolls were used in the previous fiscal year.
  418         (9)(7)Except for subsections (5) and (8), this section
  419  does not apply to the turnpike system as defined under the
  420  Florida Turnpike Enterprise Law.
  421         Section 10. Effective July 1, 2022, paragraph (a) of
  422  subsection (3) of section 338.231, Florida Statutes, is amended
  423  to read:
  424         338.231 Turnpike tolls, fixing; pledge of tolls and other
  425  revenues.—The department shall at all times fix, adjust, charge,
  426  and collect such tolls and amounts for the use of the turnpike
  427  system as are required in order to provide a fund sufficient
  428  with other revenues of the turnpike system to pay the cost of
  429  maintaining, improving, repairing, and operating such turnpike
  430  system; to pay the principal of and interest on all bonds issued
  431  to finance or refinance any portion of the turnpike system as
  432  the same become due and payable; and to create reserves for all
  433  such purposes.
  434         (3)(a) For the period July 1, 1998, through June 30, 2027,
  435  The department shall, to the maximum extent feasible, program
  436  sufficient funds in the tentative work program such that all of
  437  the percentage of turnpike toll and bond financed commitments in
  438  Miami-Dade County, Broward County, and Palm Beach County as
  439  compared to total turnpike toll and bond financed commitments
  440  shall be at least 90 percent of the share of net toll
  441  collections attributable to users of the turnpike facilities
  442  system in Miami-Dade County, Broward County, and Palm Beach
  443  County are committed to projects and bond finance obligations in
  444  each respective county as compared to total net toll collections
  445  attributable to users of the turnpike system. This paragraph
  446  subsection does not apply when the application of such
  447  requirements would violate any covenant established in a
  448  resolution or trust indenture relating to the issuance of
  449  turnpike bonds. The department may at any time for economic
  450  considerations establish lower temporary toll rates for a new or
  451  existing toll facility for a period not to exceed 1 year, after
  452  which the toll rates adopted pursuant to s. 120.54 shall become
  453  effective.
  454         Section 11. Paragraph (d) of subsection (3) and paragraph
  455  (f) of subsection (6) of section 339.175, Florida Statutes, are
  456  amended to read:
  457         339.175 Metropolitan planning organization.—
  458         (3) VOTING MEMBERSHIP.—
  459         (d) Any other provision of this section to the contrary
  460  notwithstanding, any county as defined in s. 125.011(1)
  461  chartered under s. 6(e), Art. VIII of the State Constitution may
  462  elect to have its county commission serve as the M.P.O., if the
  463  M.P.O. jurisdiction is wholly contained within the county. Any
  464  charter county that elects to exercise the provisions of this
  465  paragraph shall so notify the Governor in writing. Upon receipt
  466  of such notification, the Governor must designate the county
  467  commission as the M.P.O. The Governor must appoint three four
  468  additional voting members to the M.P.O., one of whom must be an
  469  elected official representing a municipality within the county,
  470  one of whom must be a member of the governing body from the
  471  agency created in part I of chapter 348, an expressway authority
  472  member, one of whom must be a person who does not hold elected
  473  public office and who resides in the unincorporated portion of
  474  the county, and one of whom must be a school board member.
  475         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  476  privileges, and authority of an M.P.O. are those specified in
  477  this section or incorporated in an interlocal agreement
  478  authorized under s. 163.01. Each M.P.O. shall perform all acts
  479  required by federal or state laws or rules, now and subsequently
  480  applicable, which are necessary to qualify for federal aid. It
  481  is the intent of this section that each M.P.O. shall be involved
  482  in the planning and programming of transportation facilities,
  483  including, but not limited to, airports, intercity and high
  484  speed rail lines, seaports, and intermodal facilities, to the
  485  extent permitted by state or federal law.
  486         (f)1. The department shall allocate to each M.P.O., for the
  487  purpose of accomplishing its transportation planning and
  488  programming duties, an appropriate amount of federal
  489  transportation planning funds.
  490         2.In a county as defined in s. 125.011(1), the M.P.O. may
  491  not assess any fees on municipalities, counties, or other
  492  governmental entities that are members of the M.P.O.
  493         Section 12. Subsection (6) of section 343.1003, Florida
  494  Statutes, is amended to read:
  495         343.1003 Northeast Florida Regional Transportation
  496  Commission.—
  497         (6) Notwithstanding s. 112.3144(1)(b) s. 348.0003(4)(c),
  498  members of the board shall file a statement of financial
  499  interests interest with the Commission on Ethics pursuant to s.
  500  112.3145.
  501         Section 13. Sections 348.0001, 348.0002, 348.0003,
  502  348.0004, 348.0005, 348.0007, 348.0008, 348.0009, 348.0010,
  503  348.0011, 348.00115, and 348.0012, Florida Statutes, are
  504  repealed.
  505         Section 14. Part I of chapter 348, Florida Statutes, is
  506  redesignated as “Greater Miami Expressway Agency” and the
  507  following sections are created within that part: ss. 348.0301,
  508  348.0302, 348.0303, 348.0304, 38.0305, 348.0306, 348.0307,
  509  348.0308, 348.0309, 348.0310, 348.0311, 348.0312, 348.0313,
  510  348.0314, 348.0315, 343.0316, 343.0317, and 343.0318, Florida
  511  Statutes.
  512         Section 15. Section 348.0301, Florida Statutes, is created
  513  to read:
  514         348.0301Short title.—This part may be cited as the
  515  “Greater Miami Expressway Agency Act.”
  516         Section 16. Section 348.0302, Florida Statutes, is created
  517  to read:
  518         348.0302 Applicability.—This part applies only to a county
  519  as defined in s. 125.011(1).
  520         Section 17. Section 348.0303, Florida Statutes, is created
  521  to read:
  522         348.0303Definitions.—As used in the this part, the term:
  523         (1)“Agency” means the Greater Miami Expressway Agency.
  524         (2)“Agency of the state” means and includes the state and
  525  any department of, or corporation, agency, or instrumentality
  526  created, designated, or established by, the state.
  527         (3)“Bonds” means and includes the notes, bonds, refunding
  528  bonds, or other evidences of indebtedness or obligations, in
  529  either temporary or definitive form, which the agency issues
  530  pursuant to this part.
  531         (4)“County” means a county as defined in s. 125.011(1),
  532  F.S.
  533         (5)“County gasoline tax funds” means all the 80-percent
  534  surplus gasoline tax funds accruing in each year to the
  535  department for use within the geographic boundaries of the
  536  agency under the provisions of s. 9, Art. XII of the State
  537  Constitution, after deduction only of any amounts of such
  538  gasoline tax funds heretofore pledged by the department or a
  539  county for outstanding obligations.
  540         (6)“Department” means the Department of Transportation.
  541         (7)“Express written consent” means prior express written
  542  consent given in the form of a resolution adopted by a board of
  543  county commissioners.
  544         (8)“Expressway” means a street or highway especially
  545  designed for through traffic and over, from, or to which owners
  546  or occupants of abutting land or other persons have no right or
  547  easement or only a limited right or easement of access, light,
  548  air, or view by reason of the fact that their property abuts
  549  upon such limited access facility or for any other reason. Such
  550  highways or streets may be facilities from which trucks, buses,
  551  and other commercial vehicles are excluded; or they may be
  552  facilities open to use by all customary forms of street and
  553  highway traffic.
  554         (9)“Expressway system” means any and all expressways
  555  within the geographic boundaries of the agency and any
  556  appurtenant facilities, including, but not limited to, all
  557  approaches, roads, bridges, and avenues of access for such
  558  expressway. An expressway system includes a public
  559  transportation facility.
  560         (10)“Federal agency” means and includes the United States,
  561  the President of the United States, and any department of, or
  562  corporation, agency, or instrumentality created, designated, or
  563  established by, the United States.
  564         (11)“Members” means the membership of the governing body
  565  of the agency.
  566         (12)“Public transportation facility” means real and
  567  personal property, structures, improvements, buildings,
  568  personnel, equipment, plant, vehicle parking or other
  569  facilities, rights-of-way, or any combination thereof used or
  570  useful for the purposes of transporting passengers by means of a
  571  street railway, elevated railway or guideway, subway, motor
  572  vehicle, motor bus, or any bus or other means of conveyance
  573  operating as a common carrier.
  574         Section 18. Section 348.0304, Florida Statutes, is created
  575  to read:
  576         348.0304Greater Miami Expressway Agency.—
  577         (1)The Greater Miami Expressway Agency is created as a
  578  body politic and corporate and an agency of the state.
  579         (2)(a)The governing body of the agency shall consist of
  580  seven voting members, each of whom must be a permanent resident
  581  of the county and may not hold elected office. Each member may
  582  serve only two 4-year terms. Four members shall be appointed by
  583  the Governor, one member shall be appointed by each of the
  584  President of the Senate, the Speaker of the House of
  585  Representatives, and the metropolitan planning organization for
  586  the county. The district secretary of the department serving in
  587  the district that comprises such county shall serve as a
  588  nonvoting advisor to the agency.
  589         (b)Initial appointments to the governing body of the
  590  agency must be made by July 31, 2019. For the purpose of
  591  establishing staggered terms, of the initial appointments made
  592  by the Governor, one shall serve for a term of 1 year, one shall
  593  serve for a term of 2 years, one shall serve for a term of 3
  594  years, and one shall serve for a term of four years. A person
  595  who served as a member of the governing body of the former
  596  Miami-Dade County Expressway Authority may not be appointed to
  597  the governing body of the agency.
  598         (3)(a)The governing body of the agency shall elect one of
  599  its members as its chair and shall elect a secretary and a
  600  treasurer, who need not be members of the agency. The chair, the
  601  secretary, and the treasurer serve at the will of the agency. A
  602  simple majority of the governing body of the agency constitutes
  603  a quorum, and the vote of a majority of those members present is
  604  necessary for the governing body to take any action. A vacancy
  605  does not impair the right of a quorum of the agency to exercise
  606  all of the rights and perform all of the duties of the agency.
  607         (b)Upon the effective date of his or her appointment, or
  608  as soon thereafter as practicable, each member of the agency
  609  shall begin to perform his or her duties. The governing body’s
  610  initial board meeting must take place within 15 days after
  611  completion of the initial appointments to the board.
  612         (c)Each member of the agency, before entering upon his or
  613  her official duties, shall take and subscribe to an oath before
  614  some official authorized by law to administer oaths that he or
  615  she will honestly, faithfully, and impartially perform his or
  616  her duties as a member of the governing body of the agency and
  617  that he or she will not neglect any duties imposed upon him or
  618  her by this part.
  619         (4)(a)The agency may employ an executive secretary, an
  620  executive director, its own counsel and legal staff, technical
  621  experts, and such engineers and employees, permanent or
  622  temporary, as it may require and shall determine the
  623  qualifications and fix the compensation of such persons, firms,
  624  or corporations. The agency may employ a fiscal agent or agents;
  625  however, the agency must solicit sealed proposals from at least
  626  three persons, firms, or corporations for the performance of any
  627  services as fiscal agents. The agency may delegate to one or
  628  more of its agents or employees such authority as it deems
  629  necessary to carry out the purposes of this act, subject always
  630  to the supervision and control of the agency. Members of the
  631  agency may be removed from office by the Governor for
  632  misconduct, malfeasance, misfeasance, or nonfeasance in office.
  633         (b)A person who served as executive director of the former
  634  Miami-Dade County Expressway Authority may not serve as the
  635  agency’s executive director. Before July 31, 2019, the Governor
  636  shall appoint an interim executive director for the agency for a
  637  6-month period while the agency hires a permanent executive
  638  director, and that person may apply for the permanent position.
  639         (5)The members of the agency are not entitled to
  640  compensation but are entitled to receive their travel and other
  641  necessary expenses as provided in s. 112.061.
  642         Section 19. Section 348.0305, Florida Statutes, is created
  643  to read:
  644         348.0305Ethics requirements-
  645         (1)Notwithstanding any other law to the contrary, members
  646  and employees of the agency are subject to part III of chapter
  647  112.
  648         (2)(a)A lobbyist, as defined in s. 112.3215, may not be
  649  appointed or serve as a member of the governing body of the
  650  agency.
  651         (b)A person may not be appointed to or serve as a member
  652  of the governing body of the agency if that person represents,
  653  or within the previous 4 years has represented, any client for
  654  compensation before the agency or the former Miami-Dade County
  655  Expressway Authority.
  656         (c)A person may not be appointed to or serve as a member
  657  of the governing body of the agency if that person represents,
  658  or within the previous 4 years has represented, any person or
  659  entity that is doing business, or in the previous 4 years has
  660  done business, with the agency or the former Miami-Dade County
  661  Expressway Authority.
  662         (3)A member or an employee of the agency, including
  663  employees of the former Miami-Dade County Expressway Authority,
  664  may not:
  665         (a)Personally represent another person or entity for
  666  compensation before the agency for a period of 2 years after
  667  vacating his or her position.
  668         (b)After retirement or termination of employment, have an
  669  employment or contractual relationship with a business entity
  670  other than an agency, as defined in s. 112.312, in connection
  671  with a contract in which the member or employee personally and
  672  substantially participated through decision, approval,
  673  disapproval, recommendation, rendering of advice, or
  674  investigation while he or she was a member or employee of the
  675  agency.
  676         (4)The agency’s general counsel shall serve as the
  677  agency’s ethics officer.
  678         (5)Agency members, employees, and consultants who hold
  679  positions that may influence agency decisions shall refrain from
  680  engaging in any relationship that may adversely affect their
  681  judgment in carrying out agency business. To prevent such
  682  conflicts of interest and preserve the integrity and
  683  transparency of the agency to the public, the following
  684  disclosures must be made annually on a disclosure form:
  685         (a)Any relationship that a member, employee, or consultant
  686  has which affords a current or future financial benefit to such
  687  board member, employee, or consultant, or to a relative or
  688  business associate of such member, employee, or consultant, and
  689  which a reasonable person would conclude has the potential to
  690  create a prohibited conflict of interest. As used in this
  691  section, the term “relative” has the same meaning as provided in
  692  s. 112.312.
  693         (b)Whether a relative of board member, employee, or
  694  consultant is a registered lobbyist and, if so, the names of
  695  such lobbyist’s clients. Such names shall be provided in writing
  696  to the ethics officer.
  697         (c)Any and all interests in real property that such
  698  member, employee, or consultant has, or that an immediate family
  699  member of such member, employee, or consultant has, if such real
  700  property is located in, or within a 1/2-mile radius of, any
  701  actual or prospective agency project. The executive director
  702  shall provide a corridor map and a property ownership list
  703  reflecting the ownership of all real property within the
  704  disclosure area, or an alignment map with a list of associated
  705  owners, to all members, employees, and consultants.
  706         (6)The disclosure forms filed as required under subsection
  707  (5) must be reviewed by the ethics officer or, if a form is
  708  filed by the ethics officer, by the executive director.
  709         (7)The conflict of interest policy must be stated in the
  710  agency’s code of ethics.
  711         (8)Agency employees and consultants are prohibited from
  712  serving on the governing body of the agency while employed by or
  713  under contract with the agency and for a period of 2 years
  714  following termination of employment or his or her consultant
  715  contract.
  716         (9)The code of ethics must be reviewed and updated by the
  717  ethics officer and presented for approval by the governing body
  718  of the agency at least once every 2 years.
  719         (10)Members and employees of the agency must be adequately
  720  informed and trained on the code of ethics of the agency and
  721  shall participate in ongoing ethics training.
  722         (11)The requirements of subsections (4)-(10) are in
  723  addition to the requirements imposed on the members and the
  724  employees of the agency under part III of chapter 112.
  725         (12)Violations of paragraphs (4), (6), and (9) are
  726  punishable as provided in s. 112.317.
  727         (13)A finding of a violation of this section or part III
  728  of chapter 112, or failure to comply within 90 days after
  729  receiving a notice of failure to comply with financial
  730  disclosure requirements pursuant to s. 112.3144, shall result in
  731  immediate termination by the agency.
  732         (14)In the event that part III of chapter 112 conflicts
  733  with this section, the stricter of the provisions prevails.
  734  Nothing herein prevents the agency from imposing ethics policies
  735  that are stricter than those imposed by this subsection or
  736  chapter 112.
  737         Section 20. Section 348.0306, Florida Statutes, is created
  738  to read:
  739         348.0306Purposes and powers.—
  740         (1)(a)The agency may acquire, hold, construct, improve,
  741  maintain, operate, and own an expressway system.
  742         (b)The agency, in the construction of an expressway
  743  system, shall construct expressways. Construction of an
  744  expressway system may be completed in segments, phases, or
  745  stages, in a manner that will permit their expansion to the
  746  desired expressway configuration. The agency, in the
  747  construction of an expressway system, may construct any
  748  extensions of, additions to, or improvements to, the expressway
  749  system or appurtenant facilities, including all necessary
  750  approaches, roads, bridges, and avenues of access, with such
  751  changes, modifications, or revisions of the project which are
  752  deemed desirable and proper. The agency may add additional
  753  expressways to an expressway system, under the terms and
  754  conditions set forth in this act, only with the prior express
  755  written consent of the board of county commissioners of the
  756  county and only if such additional expressways lack adequate
  757  committed funding for implementation, are financially feasible,
  758  and are compatible with the existing plans, projects, and
  759  programs of the agency.
  760         (2)The agency may exercise all rights and authority
  761  necessary, appurtenant, convenient, or incidental to the
  762  carrying out of its purposes, including, but not limited to, the
  763  following rights and authority:
  764         (a)To sue and be sued, implead and be impleaded, and
  765  complain and defend in all courts.
  766         (b)To adopt, use, and alter at will a corporate seal.
  767         (c)To acquire, purchase, hold, lease as lessee, and use
  768  any franchise or property, whether real, personal, or mixed and
  769  whether tangible or intangible, or any interest therein
  770  necessary or desirable for carrying out the purposes of the
  771  agency and to sell, lease as lessor, transfer, and dispose of
  772  any property or interest therein at any time acquired by it.
  773         (d)To enter into and make leases, either as lessee or as
  774  lessor, in order to carry out the right to lease as set forth in
  775  this act.
  776         (e)To fix, alter, charge, establish, and collect tolls,
  777  rates, fees, rentals, and other charges for the services and
  778  facilities system, which tolls, rates, fees, rentals, and other
  779  charges always must be sufficient to comply with any covenants
  780  made with the holders of any bonds secured by the net revenues
  781  of the expressway system, including any additions, extensions,
  782  or improvements thereof. However, such right and power may be
  783  assigned or delegated by the agency to the department.
  784         1.Notwithstanding any other law to the contrary, the
  785  agency may not increase its toll rates until July 1, 2029,
  786  including any increase to the extent necessary to adjust for
  787  inflation pursuant to the procedure for toll rate adjustments
  788  provided in s. 338.165, except as may be necessary to comply
  789  with covenants in the trust indentures or resolutions adopted in
  790  connection with the agency’s bonds secured by the net revenues
  791  of the expressway system.
  792         2.A toll rate increase must be approved by a two-thirds
  793  vote of the members of the governing body of the agency.
  794         3.The amount of toll revenues used for administrative
  795  costs by the agency may not exceed 10 percent above the annual
  796  state average of administrative costs determined as provided in
  797  this subparagraph. The Florida Transportation Commission shall
  798  determine the annual state average of administrative costs based
  799  on the annual administrative costs of all the expressway
  800  authorities in this state. For purposes of this subparagraph,
  801  administrative costs include, but are not limited to, employee
  802  salaries and benefits, small business outreach, insurance,
  803  professional service contracts not directly related to the
  804  operation and maintenance of the expressway system, and other
  805  overhead costs.
  806         4.There must be a distance of at least 5 miles between
  807  main through-lane tolling points. The distance requirement of
  808  this subparagraph does not apply to entry and exit ramps.
  809  However, the toll rates may be such that toll rates per mile are
  810  revenue neutral as compared to the toll rates of the former
  811  Miami-Dade County Expressway Authority as of July 1, 2019.
  812         (f)To borrow money, make and issue negotiable notes,
  813  bonds, refund bonds and other evidence of indebtedness of the
  814  agency, which bonds or other evidence of indebtedness may be
  815  issued pursuant to the State Bond Act or, in the alternative,
  816  pursuant to s. 348.0309(2), to finance or refinance additions,
  817  extensions, or improvements to the expressway system within the
  818  geographic boundaries of the agency, and to provide for the
  819  security of the bonds or other evidence of indebtedness and the
  820  rights and remedies of the holders of the bonds or other
  821  evidence of indebtedness. Any bonds or other evidence of
  822  indebtedness pledging the full faith and credit of the state may
  823  be issued only pursuant to the State Bond Act.
  824         1.The agency shall reimburse the county in which it exists
  825  for any sums expended from any county gasoline tax funds used
  826  for payment of such obligations. Any county gasoline tax funds
  827  so disbursed shall be repaid in accordance with the terms of any
  828  lease-purchase or interlocal agreement with any county or the
  829  department together with interest, at the rate agreed to in such
  830  agreement. Any county gasoline tax funds may not be more than a
  831  secondary pledge of revenues for repayment of any obligations
  832  issued pursuant to this part.
  833         2.The agency may refund any bonds previously issued, to
  834  the extent allowable by federal tax laws, to finance or
  835  refinance an expressway system located within the geographic
  836  boundaries of the agency regardless of whether the bonds being
  837  refunded were issued by such agency, an agency of the state, or
  838  a county.
  839         (g)To enter contracts and to execute all instruments
  840  necessary or convenient for the carrying on of its business.
  841  Notwithstanding any other provision of law to the contrary, the
  842  agency is subject to the procurement and contracting
  843  requirements applicable to the department contained in chapters
  844  287 and 337.
  845         (h)Without limitation of the foregoing, to borrow money
  846  and accept grants from, and to enter into contracts, leases, or
  847  other transactions with, any federal agency, the state, any
  848  agency of the state, county, or any other public body of the
  849  state.
  850         (i)To have the power of eminent domain, including the
  851  procedural powers granted under chapters 73 and 74.
  852         (j)To pledge, hypothecate, or otherwise encumber all or
  853  any part of the revenues, tolls, rates, fees, rentals, or other
  854  charges or receipts of the agency, including all or any portion
  855  of county gasoline tax funds received by the agency pursuant to
  856  the terms of any lease-purchase agreement between the agency and
  857  the department, as security for all or any of the obligations of
  858  the agency.
  859         (k)To do all acts and things necessary or convenient for
  860  the conduct of its business and the general welfare of the
  861  agency in order to carry out the powers granted to it by law.
  862         (3)Notwithstanding any other law to the contrary, the
  863  consent of any municipality is not necessary for any project of
  864  the agency, regardless of whether the project lies in whole or
  865  in part within the boundaries of the municipality, if the
  866  project is consistent with the locally adopted comprehensive
  867  plan. However, if a project is inconsistent with the affected
  868  municipal comprehensive plan, the project may not proceed
  869  without a hearing pursuant to ss. 120.569 and 120.57, at which
  870  it is determined that the project is consistent with the adopted
  871  metropolitan planning organization transportation improvement
  872  plan, if any, and the applicable strategic regional plan, and at
  873  which regional interests are determined to clearly override the
  874  interests of the municipality.
  875         (4)The use or pledge of all or any portion of county
  876  gasoline tax funds may not be made without the prior express
  877  written consent of the board of county commissioners of each
  878  county located within the geographic boundaries of the agency.
  879         (5)The agency shall comply with all statutory requirements
  880  of general application which relate to the filing of any report
  881  or documentation required by law, including the requirements of
  882  ss. 189.015, 189.016, 189.051, and 189.08.
  883         (6)Notwithstanding subsection (3) or any other law to the
  884  contrary, the agency may not undertake any construction that is
  885  not consistent with both the metropolitan planning
  886  organization’s transportation improvement program and the
  887  county’s comprehensive plan.
  888         (7)The agency may finance or refinance the planning,
  889  design, acquisition, construction, extension, rehabilitation,
  890  equipping, preservation, maintenance, or improvement of a public
  891  transportation facility or transportation facilities owned or
  892  operated by such county, an intermodal facility or facilities,
  893  multimodal corridor or corridors, including, but not limited to,
  894  bicycle facilities or greenways that will improve transportation
  895  services within the county, or any programs or projects that
  896  will improve the levels of service on an expressway system,
  897  subject to approval of the governing body of the county after
  898  public hearing.
  899         (8)The governing body of the county may enter into an
  900  interlocal agreement with the agency pursuant to s. 163.01, for
  901  the joint performance or performance by either governmental
  902  entity of any corporate function of the county or agency
  903  necessary or appropriate to enable the agency to fulfill the
  904  powers and purposes of this part and promote the efficient and
  905  effective transportation of persons and goods in such county.
  906         (9)The agency must have an annual financial audit
  907  conducted by an independent certified public accountant licensed
  908  pursuant to chapter 473, and the audit report must be made
  909  available on the agency’s website.
  910         Section 21. Section 348.0307, Florida Statutes, is created
  911  to read:
  912         348.0307Florida Sunshine Rebate Program-The Florida
  913  Sunshine Rebate Program is created within the agency. Subject to
  914  compliance with any covenants made with the holders of the
  915  agency’s bonds which are in the trust indentures or resolutions
  916  adopted in connection with the issuance of the agency’s bonds,
  917  the agency, at the time that any toll is incurred, shall provide
  918  a 25 percent rebate to all SunPass holders whose SunPass is
  919  registered to a motor vehicle registered in such county. An
  920  eligible SunPass holder must be automatically enrolled in such
  921  rebate program; however, the agency must be provided a mechanism
  922  to allow eligible SunPass holders to opt-out of the program. The
  923  agency may not impose additional requirements for receipt of the
  924  reduced toll amount.
  925         Section 22. Section 348.0308, Florida Statutes, is created
  926  to read:
  927         348.0308Public-private partnerships.-The Legislature
  928  declares that there is a public need for the rapid construction
  929  of safe and efficient transportation facilities for traveling
  930  within the state and that it is in the public’s interest to
  931  provide for public-private partnership agreements to effectuate
  932  the construction of additional safe, convenient, and economical
  933  transportation facilities.
  934         (1)The agency may receive or solicit proposals and enter
  935  into agreements with private entities, or consortia thereof, for
  936  the building, operation, ownership, or financing of agency
  937  transportation facilities or new transportation facilities
  938  within the jurisdiction of the agency which increase
  939  transportation capacity. An agency may not sell or lease any
  940  transportation facility owned by the agency without providing
  941  the analysis required in s. 334.30(6)(e)2. for review and
  942  approval by the Legislative Budget Commission created pursuant
  943  to s. 11.90 prior to awarding a contract on a lease of an
  944  existing toll facility. The agency is authorized to adopt rules
  945  to implement this section and shall establish by rule an
  946  application fee for the submission of unsolicited proposals
  947  under this section. The fee must be sufficient to pay the costs
  948  of evaluating the proposals. The agency may engage private
  949  consultants to assist in the evaluation. Before approval, the
  950  agency must determine that a proposed project:
  951         (a)Is in the public’s best interest.
  952         (b)Would not require state funds to be used unless the
  953  project is on, or provides increased mobility on, the State
  954  Highway System.
  955         (c)Would have adequate safeguards to ensure that no
  956  additional costs or service disruptions would be realized by the
  957  traveling public and residents of the state in the event of
  958  default or the cancellation of the agreement by the agency.
  959         (d)Would have adequate safeguards in place to ensure that
  960  the department, the agency, or the private entity has the
  961  opportunity to add capacity to the proposed project and other
  962  transportation facilities serving similar origins and
  963  destinations.
  964         (e)Would be owned by the agency upon completion or
  965  termination of the agreement.
  966         (2)The agency shall ensure that all reasonable costs to
  967  the state which are related to transportation facilities that
  968  are not part of the State Highway System are borne by the
  969  private entity. The agency shall also ensure that all reasonable
  970  costs to the state and substantially affected local governments
  971  and utilities related to the private transportation facility are
  972  borne by the private entity for transportation facilities that
  973  are owned by private entities. For projects on the State Highway
  974  System, the department may use state resources to participate in
  975  funding and financing the project as provided for under the
  976  department’s enabling legislation.
  977         (3)The agency may request proposals for public-private
  978  transportation projects or, if it receives an unsolicited
  979  proposal, must publish a notice in the Florida Administrative
  980  Register and a newspaper of general circulation in the county in
  981  which it is located at least once a week for 2 weeks, stating
  982  that it has received the proposal and will accept, for 60 days
  983  after the initial date of publication, other proposals for the
  984  same project purpose. A copy of the notice must be mailed to
  985  each local government in the affected areas. After the public
  986  notification period has expired, the agency shall rank the
  987  proposals in order of preference. In ranking the proposals, the
  988  agency shall consider professional qualifications, general
  989  business terms, innovative engineering or cost-reduction terms,
  990  finance plans, and the need for state funds to deliver the
  991  proposal. If the agency is not satisfied with the results of the
  992  negotiations, it may, at its sole discretion, terminate
  993  negotiations with the proposer. If these negotiations are
  994  unsuccessful, the agency may go to the second and lower-ranked
  995  firms, in order, using the same procedure. If only one proposal
  996  is received, the agency may negotiate in good faith, and if it
  997  is not satisfied with the results, may, at its sole discretion,
  998  terminate negotiations with the proposer. The agency may, at its
  999  discretion, reject all proposals at any point in the process up
 1000  to completion of a contract with the proposer.
 1001         (4)Agreements entered into pursuant to this section may
 1002  authorize the public-private entity to impose tolls or fares for
 1003  the use of the facility. However, the amount and use of toll or
 1004  fare revenues must be regulated by the agency to avoid
 1005  unreasonable costs to users of the facility.
 1006         (5)Each public-private transportation facility constructed
 1007  pursuant to this section shall comply with all requirements of
 1008  federal, state, and local laws; state, regional, and local
 1009  comprehensive plans; the agency’s rules, policies, procedures,
 1010  and standards for transportation facilities; and any other
 1011  conditions that the agency determines to be in the public’s best
 1012  interest.
 1013         (6)The agency may exercise any power possessed by it,
 1014  including eminent domain, to facilitate the development and
 1015  construction of transportation projects pursuant to this
 1016  section. The agency may pay all or part of the cost of operating
 1017  and maintaining the facility or may provide services to the
 1018  private entity for which it receives full or partial
 1019  reimbursement for services rendered.
 1020         (7)Except as herein provided, this section is not intended
 1021  to amend existing laws by granting additional powers to or
 1022  further restricting the governmental entities from regulating
 1023  and entering into cooperative arrangements with the private
 1024  sector for the planning, construction, and operation of
 1025  transportation facilities.
 1026         Section 23. Section 348.0309, Florida Statutes, is created
 1027  to read:
 1028         348.0309Bonds.—
 1029         (1)Bonds may be issued on behalf of the agency as provided
 1030  by the State Bond Act.
 1031         (2)(a)Pursuant to this part, the agency may issue bonds
 1032  that do not pledge the full faith and credit of the state in
 1033  such principal amount as, in the opinion of the agency, is
 1034  necessary to provide sufficient moneys for achieving its
 1035  corporate purposes.
 1036         (b)Such bonds, on original issuance or refunding, must be
 1037  authorized by resolution of the agency, after approval of the
 1038  issuance of the bonds at a public hearing, and may be either
 1039  term or serial bonds, must bear such date or dates, mature at
 1040  such time or times, bear interest at such rate or rates, be
 1041  payable semiannually, be in such denominations, be in such form,
 1042  either coupon or fully registered, shall carry such
 1043  registration, exchangeability and interchangeability privileges,
 1044  be payable in such medium of payment and at such place or
 1045  places, be subject to such terms of redemption and be entitled
 1046  to such priorities on the revenues, rates, fees, rentals, or
 1047  other charges or receipts of the agency including any county
 1048  gasoline tax funds received by an agency pursuant to the terms
 1049  of any interlocal or lease-purchase agreement between the agency
 1050  or a county, as such resolution or any resolution subsequent
 1051  thereto may provide. The bonds must be executed by such officers
 1052  as the agency determines under the requirements of s. 279.06.
 1053         (c)The bonds shall be sold by the agency at public sale by
 1054  competitive bid. However, if the agency, after receipt of a
 1055  written recommendation from a financial adviser, determines by
 1056  official action after public hearing by a two-thirds vote of all
 1057  voting members that a negotiated sale of the bonds is in the
 1058  best interest of the agency, the agency may negotiate for sale
 1059  of the bonds with the underwriter or underwriters designated by
 1060  the agency and the county in which the agency exists. The agency
 1061  shall provide specific findings in a resolution as to the
 1062  reasons requiring the negotiated sale, which resolution must
 1063  incorporate and have attached thereto the written recommendation
 1064  of the financial adviser required by this subsection.
 1065         (d)Any such resolution authorizing any bonds that do not
 1066  pledge the full faith and credit of the state may contain
 1067  provisions that are part of the contract with the holders of the
 1068  bonds, as the agency determines appropriate. In addition, the
 1069  agency may enter into trust indentures or other agreements with
 1070  its fiscal agent, or with any bank or trust company within or
 1071  without the state, as security for such bonds, and may, under
 1072  the agreements, assign and pledge the revenues, rates, fees,
 1073  rentals, tolls, or other charges or receipts of the agency,
 1074  including any county gasoline tax funds received by the agency.
 1075         (e)Any bonds issued pursuant to this part are negotiable
 1076  instruments and have all the qualities and incidents of
 1077  negotiable instruments under the law merchant and the negotiable
 1078  instruments law of the state.
 1079         (f)Each project, building, or facility that has been or
 1080  will be financed by the issuance of bonds or other evidence of
 1081  indebtedness and that does not pledge the full faith and credit
 1082  of the state under this part, and any refinancing thereof, is
 1083  subject to review and approval by the Legislative Budget
 1084  Commission.
 1085         Section 24. Section 348.0310, Florida Statutes, is created
 1086  to read:
 1087         348.0310Department may be appointed agent of agency for
 1088  construction.—The department may be appointed by the agency as
 1089  its agent for the purpose of constructing improvements and
 1090  extensions to an expressway system and for the completion
 1091  thereof. In such event, the agency shall provide the department
 1092  with complete copies of all documents, agreements, resolutions,
 1093  contracts, and instruments relating thereto; shall request the
 1094  department to do such construction work, including the planning,
 1095  surveying, and actual construction of the completion,
 1096  extensions, and improvements to the expressway system; and shall
 1097  transfer to the credit of an account of the department in the
 1098  State Treasury the funds therefor. The department then shall
 1099  proceed with such construction and use the funds for such
 1100  purpose in the same manner as it is now authorized to use the
 1101  funds otherwise provided by law for its use in the construction
 1102  of roads and bridges.
 1103         Section 25. Section 348.0311, Florida Statutes, is created
 1104  to read:
 1105         348.0311Acquisition of lands and property.—
 1106         (1)For the purposes of this act, the agency may acquire
 1107  such rights, title, or interest in private or public property
 1108  and such property rights, including easements, rights of access,
 1109  air, view, and light, by gift, devise, purchase, or condemnation
 1110  by eminent domain proceedings, as the agency may deem necessary
 1111  for any of the purposes of this act, including, but not limited
 1112  to, any lands reasonably necessary for securing applicable
 1113  permits, areas necessary for management of access, borrow pits,
 1114  drainage ditches, water retention areas, rest areas, replacement
 1115  access for landowners whose access is impaired due to the
 1116  construction of an expressway system, and replacement rights-of
 1117  way for relocated rail and utility facilities; for existing,
 1118  proposed, or anticipated transportation facilities on the
 1119  expressway system or in a transportation corridor designated by
 1120  the agency; or for the purposes of screening, relocation,
 1121  removal, or disposal of junkyards and scrap metal processing
 1122  facilities. The agency also may condemn any material and
 1123  property necessary for such purposes.
 1124         (2)The agency and its authorized agents, contractors, and
 1125  employees may enter upon any lands, waters, and premises, upon
 1126  giving reasonable notice to the landowner, for the purpose of
 1127  making surveys, soundings, drillings, appraisals, environmental
 1128  assessments including phase I and phase II environmental
 1129  surveys, archaeological assessments, and such other examinations
 1130  as are necessary for the acquisition of private or public
 1131  property and property rights, including rights of access, air,
 1132  view, and light, by gift, devise, purchase, or condemnation by
 1133  eminent domain proceedings or as are necessary for the agency to
 1134  perform its duties and functions; and any such entry shall not
 1135  be deemed a trespass or an entry that would constitute a taking
 1136  in an eminent domain proceeding. The agency shall make
 1137  reimbursement for any actual damage to such lands, water, and
 1138  premises as a result of such activities. Any entry authorized by
 1139  this subsection shall be in compliance with the premises
 1140  protections and landowner liability provisions contained in s.
 1141  472.029.
 1142         (3)The right of eminent domain conferred by this act must
 1143  be exercised by the agency in the manner provided by law.
 1144         (4)When an agency acquires property for an expressway
 1145  system or in a transportation corridor as defined in s. 334.03,
 1146  it is not subject to any liability imposed by chapter 376 or
 1147  chapter 403 for preexisting soil or groundwater contamination
 1148  due solely to its ownership. This subsection does not affect the
 1149  rights or liabilities of any past or future owners of the
 1150  acquired property nor does it affect the liability of any
 1151  governmental entity for the results of its actions which create
 1152  or exacerbate a pollution source. The agency and the Department
 1153  of Environmental Protection may enter into interagency
 1154  agreements for the performance, funding, and reimbursement of
 1155  the investigative and remedial acts necessary for property
 1156  acquired by the agency.
 1157         Section 26. Section 348.0312, Florida Statutes, is created
 1158  to read:
 1159         348.0312Cooperation with other units, boards, agencies,
 1160  and individuals.—Express authority and power is given and
 1161  granted to any county, municipality, drainage district, road and
 1162  bridge district, school district, or other political
 1163  subdivision, board, commission, or individual in or of this
 1164  state to enter into contracts, leases, conveyances, or other
 1165  agreements with the agency within the provisions and purposes of
 1166  this part. For the purposes of implementing and administering
 1167  this part, the agency may enter into contracts, leases,
 1168  conveyances, and other agreements with any political
 1169  subdivision, agency, or instrumentality of the state and any and
 1170  all federal agencies, corporations, and individuals, to the
 1171  extent consistent with chapters 334, 335, 338, and 339 and other
 1172  law and with 23 U.S.C. ss. 101 et seq.
 1173         Section 27. Section 348.0313, Florida Statutes, is created
 1174  to read:
 1175         348.0313Covenant of the state.—The state hereby pledges
 1176  to, and agrees with, any person, firm, corporation, or federal
 1177  or state agency subscribing to or acquiring the bonds to be
 1178  issued by the agency for the purposes of this part that the
 1179  state will not limit or alter the rights hereby vested in the
 1180  agency and the department until all bonds at any time issued,
 1181  together with the interest thereon, are fully paid and
 1182  discharged, insofar as the same affects the rights of the
 1183  holders of bonds issued hereunder. The state does further pledge
 1184  to, and agrees with, the United States that, in the event any
 1185  federal agency constructs, or contributes any funds for the
 1186  completion, extension, or improvement of an expressway system or
 1187  any part or portion thereof, the state will not alter or limit
 1188  the rights and powers of the agency and the department in a
 1189  manner that would be inconsistent with the continued maintenance
 1190  and operation of the expressway system or the completion,
 1191  extension, or improvement thereof, or that would be inconsistent
 1192  with the due performance of any agreement between the agency and
 1193  any such federal agency, and the agency and the department shall
 1194  continue to have and may exercise all powers granted so long as
 1195  necessary or desirable for carrying out the purposes of this act
 1196  and the purposes of the United States in the completion,
 1197  extension, or improvement of the expressway system or any part
 1198  or portion thereof.
 1199         Section 28. Section 348.0314, Florida Statutes, is created
 1200  to read:
 1201         348.0314Exemption from taxation.—The effectuation of the
 1202  authorized purposes of the agency is in all respects for the
 1203  benefit of the people of this state, for the increase of their
 1204  commerce and prosperity, and for the improvement of their health
 1205  and living conditions. Therefore, the agency is not required to
 1206  pay any taxes or assessments of any kind upon any property
 1207  acquired by it or used by it for such purposes or upon any
 1208  revenues at any time received by it. The bonds issued by or on
 1209  behalf of the agency, their transfer, and the income therefrom,
 1210  including any profits made on the sale thereof, are exempt from
 1211  taxation of any kind by the state or by any political
 1212  subdivision or other taxing agency or instrumentality thereof.
 1213  The exemption granted by this section does not apply to any tax
 1214  imposed under chapter 220 on interest, income, or profits on
 1215  debt obligations owned by corporations.
 1216         Section 29. Section 348.0315, Florida Statutes, is created
 1217  to read:
 1218         348.0315Public accountability.—
 1219         (1)The agency shall post the following information on its
 1220  website:
 1221         (a)Audited financial statements and any interim financial
 1222  reports.
 1223         (b)Board and committee meeting agendas, meeting packets,
 1224  and minutes.
 1225         (c)Bond covenants for any outstanding bond issues.
 1226         (d)Agency budgets.
 1227         (e)Agency contracts. For purposes of this paragraph, the
 1228  term “contract” means a written agreement or purchase order
 1229  issued for the purchase of goods or services or a written
 1230  agreement for the receipt of state or federal financial
 1231  assistance.
 1232         (f)Agency expenditure data, which must include the name of
 1233  the payee, the date of the expenditure, and the amount of the
 1234  expenditure. Such data must be searchable by name of the payee,
 1235  name of the paying agency, and fiscal year and must be
 1236  downloadable in a format that allows offline analysis.
 1237         (g)Information relating to current, recently completed,
 1238  and future projects on authority facilities.
 1239         (2)Beginning October 1, 2020, and annually thereafter, the
 1240  agency shall submit to the board of county commissioners of the
 1241  county and the metropolitan planning organization for that
 1242  county a report providing information regarding the amount of
 1243  tolls collected and how those tolls were used in the authority’s
 1244  previous fiscal year. The report shall be posted on the agency’s
 1245  website.
 1246         Section 30. Section 348.0316, Florida Statutes, is created
 1247  to read:
 1248         348.0316Eligibility for investments and security.—Any
 1249  bonds or other obligations issued pursuant to this part are and
 1250  constitute legal investments for banks, savings banks, trustees,
 1251  executors, administrators, and all other fiduciaries, and for
 1252  all state, municipal and other public funds and also are and
 1253  constitute securities eligible for deposit as security for all
 1254  state, municipal, or other public funds, notwithstanding any
 1255  other law to the contrary.
 1256         Section 31. Section 348.0317, Florida Statutes, is created
 1257  to read:
 1258         348.0317Pledges enforceable by bondholders.—It is the
 1259  express intention of this part that any pledge by the department
 1260  of rates, fees, revenues, county gasoline tax funds or other
 1261  funds, as rentals, to the agency, or any covenants or agreements
 1262  relative thereto, are enforceable in any court of competent
 1263  jurisdiction against the agency or directly against the
 1264  department by any holder of bonds issued by agency.
 1265         Section 32. Section 348.0318, Florida Statutes, is created
 1266  to read:
 1267         348.0318Additional authority.—
 1268         (1)The powers conferred by this part are in addition and
 1269  supplemental to the existing powers of the board and the
 1270  department, and this part may not be construed as repealing any
 1271  of the provisions, of any other law, general, special, or local,
 1272  but to supersede such other laws in the exercise of the powers
 1273  provided in this part, and to provide a complete method for the
 1274  exercise of the powers granted in this part. The extension and
 1275  improvement of the expressway system, and the issuance of bonds
 1276  pursuant to this part to finance all or part of the cost of the
 1277  system, may be accomplished upon compliance with this part
 1278  without regard to or necessity for compliance with the
 1279  provisions, limitations, or restrictions contained in any other
 1280  general, special, or local law, including, but not limited to,
 1281  s. 215.821, and no approval of any bonds issued under this part
 1282  by the qualified electors or qualified electors who are
 1283  freeholders in the state or in Miami-Dade County, or in any
 1284  other political subdivision of the state, is required for the
 1285  issuance of such bonds pursuant to this part, including, but not
 1286  limited to s. 215.821.
 1287         (2)This part does not repeal, rescind, or modify any other
 1288  law relating to the State Board of Administration, the
 1289  Department of Transportation, or the Division of Bond Finance of
 1290  the State Board of Administration, but supersedes any law that
 1291  is inconsistent with this part, including, but not limited to,
 1292  s. 215.821.
 1293         Section 33. (1)Effective upon this act becoming a law, the
 1294  governance and control of the Miami-Dade County Expressway
 1295  Authority is transferred to the Greater Miami Expressway Agency
 1296  pursuant to the terms of this section. The assets, facilities,
 1297  tangible and intangible property and any rights in such
 1298  property, and any other legal rights of the authority, including
 1299  the expressway system operated by the authority, are transferred
 1300  to the agency. The agency succeeds to all powers of the
 1301  authority, and the operations and maintenance of the expressway
 1302  system is under the control of the agency. Revenues collected on
 1303  the expressway system are considered agency revenues but are
 1304  subject to the lien of the trust indentures securing the Miami
 1305  Dade County Expressway Authority bonds. The agency also assumes
 1306  all liability for bonds of the authority pursuant to subsection
 1307  (2) and the satisfaction of any judgment against the authority
 1308  that may ultimately become due as a result of litigation
 1309  commenced prior to the effective date of this act. The agency
 1310  shall, in consultation with the Division of Bond Finance, review
 1311  all other contracts, financial obligations, and contractual
 1312  relationships and liabilities of the authority, and the agency
 1313  may assume responsibility for the obligations that are
 1314  determined to be necessary or desirable for the continued
 1315  operation of the expressway system. Employees, officers, and
 1316  members of the authority may not sell, dispose, encumber,
 1317  transfer, or expend the assets of the authority as existed and
 1318  reflected in the authority’s financial statements for the fiscal
 1319  year ended June 30, 2018, other than in the ordinary course of
 1320  business. For purposes of this section, incurring debt or
 1321  issuing bonds for projects contained in the 5-year work program
 1322  approved and adopted by the authority on December 5, 2018, is
 1323  not considered the ordinary course of business. Notwithstanding
 1324  the foregoing, this part does not prevent the authority from
 1325  designing and planning projects contained in the 5-year work
 1326  program approved and adopted by the authority on December 5,
 1327  2018.
 1328         (2)The transfer pursuant to this section is subject to all
 1329  terms and covenants provided for the protection of the holders
 1330  of the Miami-Dade County Expressway Authority bonds in the trust
 1331  indentures or resolutions adopted in connection with the
 1332  issuance of such bonds. Further, the transfer does not impair
 1333  the terms of the contract between the authority and the
 1334  bondholders, does not act to the detriment of the bondholders,
 1335  and does not diminish the security for the bonds. After the
 1336  transfer, the agency shall operate and maintain the expressway
 1337  system and any other facilities of the authority in accordance
 1338  with the terms, conditions, and covenants contained in the trust
 1339  indentures or bond resolutions securing such bonds. The agency
 1340  shall collect toll revenues and apply them to the payment of
 1341  debt service as provided in the trust indentures or bond
 1342  resolutions securing such bonds and expressly assumes all
 1343  obligations relating to the bonds to ensure that the transfer of
 1344  the authority will not have any adverse impact on the security
 1345  for the bonds of the authority.
 1346         Section 34. The Miami-Dade County Expressway Authority is
 1347  dissolved.
 1348         Section 35. Section 348.635, Florida Statutes, is created
 1349  to read:
 1350         348.635Public-private partnership.—The Legislature
 1351  declares that there is a public need for the rapid construction
 1352  of safe and efficient transportation facilities for traveling
 1353  within the state and that it is in the public’s interest to
 1354  provide for public-private partnership agreements to effectuate
 1355  the construction of additional safe, convenient, and economical
 1356  transportation facilities.
 1357         (1)Notwithstanding any other provision of this part, the
 1358  authority may receive or solicit proposals and enter into
 1359  agreements with private entities, or consortia thereof, for the
 1360  building, operation, ownership, or financing of authority
 1361  transportation facilities or new transportation facilities
 1362  within the jurisdiction of the authority which increase
 1363  transportation capacity. The authority may not sell or lease any
 1364  transportation facility owned by the authority without providing
 1365  the analysis required in s. 334.30(6)(e)2. to the Legislative
 1366  Budget Commission created pursuant to s. 11.90 for review and
 1367  approval before awarding a contract on a lease of an existing
 1368  toll facility. The authority may adopt rules to implement this
 1369  section and shall establish by rule an application fee for the
 1370  submission of unsolicited proposals under this section. The fee
 1371  must be sufficient to pay the costs of evaluating the proposals.
 1372  The authority may engage private consultants to assist in the
 1373  evaluation. Before approval, the authority must determine that a
 1374  proposed project:
 1375         (a)Is in the public’s best interest.
 1376         (b)Would not require state funds to be used unless the
 1377  project is on or provides increased mobility on the State
 1378  Highway System.
 1379         (c)Would have adequate safeguards to ensure that no
 1380  additional costs or service disruptions would be realized by the
 1381  traveling public and residents of the state in the event of
 1382  default or the cancellation of the agreement by the authority.
 1383         (d)Would have adequate safeguards in place to ensure that
 1384  the department, the authority, or the private entity has the
 1385  opportunity to add capacity to the proposed project and other
 1386  transportation facilities serving similar origins and
 1387  destinations.
 1388         (e)Would be owned by the authority upon completion or
 1389  termination of the agreement.
 1390         (2)The authority shall ensure that all reasonable costs to
 1391  the state which are related to transportation facilities that
 1392  are not part of the State Highway System are borne by the
 1393  private entity. The authority also shall ensure that all
 1394  reasonable costs to the state and substantially affected local
 1395  governments and utilities related to the private transportation
 1396  facility are borne by the private entity for transportation
 1397  facilities that are owned by private entities. For projects on
 1398  the State Highway System, the department may use state resources
 1399  to participate in funding and financing the project as provided
 1400  for under the department’s enabling legislation.
 1401         (3)The authority may request proposals for public-private
 1402  transportation projects or, if it receives an unsolicited
 1403  proposal, it must publish a notice in the Florida Administrative
 1404  Register and a newspaper of general circulation in the county in
 1405  which it is located at least once a week for 2 weeks stating
 1406  that it has received the proposal and will accept, for 60 days
 1407  after the initial date of publication, other proposals for the
 1408  same project purpose. A copy of the notice must be mailed to
 1409  each local government in the affected areas. After the public
 1410  notification period has expired, the authority shall rank the
 1411  proposals in order of preference. In ranking the proposals, the
 1412  authority shall consider professional qualifications, general
 1413  business terms, innovative engineering or cost-reduction terms,
 1414  finance plans, and the need for state funds to deliver the
 1415  proposal. If the authority is not satisfied with the results of
 1416  the negotiations, it may, at its discretion, terminate
 1417  negotiations with the proposer. If these negotiations are
 1418  unsuccessful, the authority may go to the second and lower
 1419  ranked firms, in order, using the same procedure. If only one
 1420  proposal is received, the authority may negotiate in good faith,
 1421  and, if it is not satisfied with the results, may, at its sole
 1422  discretion, terminate negotiations with the proposer. The
 1423  authority may, at its discretion, reject all proposals at any
 1424  point in the process up to completion of a contract with the
 1425  proposer.
 1426         (4)Agreements entered into pursuant to this section may
 1427  authorize the public-private entity to impose tolls or fares for
 1428  the use of the facility. However, the amount and use of toll or
 1429  fare revenues must be regulated by the authority to avoid
 1430  unreasonable costs to users of the facility.
 1431         (5)Each public-private transportation facility constructed
 1432  pursuant to this section shall comply with all requirements of
 1433  federal, state, and local laws; state, regional, and local
 1434  comprehensive plans; the authority’s rules, policies,
 1435  procedures, and standards for transportation facilities; and any
 1436  other conditions that the authority determines to be in the
 1437  public’s best interest.
 1438         (6)The authority may exercise any power possessed by it,
 1439  including eminent domain, to facilitate the development and
 1440  construction of transportation projects pursuant to this
 1441  section. The authority may pay all or part of the cost of
 1442  operating and maintaining the facility or may provide services
 1443  to the private entity for which it receives full or partial
 1444  reimbursement for services rendered.
 1445         (7)Except as herein provided, this section is not intended
 1446  to amend existing laws by granting additional powers to or
 1447  further restricting the governmental entities from regulating
 1448  and entering into cooperative arrangements with the private
 1449  sector for the planning, construction, and operation of
 1450  transportation facilities.
 1451         Section 36. Section 348.7605, Florida Statutes, is created
 1452  to read:
 1453         348.7605Public-private partnership.—The Legislature
 1454  declares that there is a public need for the rapid construction
 1455  of safe and efficient transportation facilities for traveling
 1456  within the state and that it is in the public’s interest to
 1457  provide for public-private partnership agreements to effectuate
 1458  the construction of additional safe, convenient, and economical
 1459  transportation facilities.
 1460         (1)Notwithstanding any other provision of this part, the
 1461  authority may receive or solicit proposals and enter into
 1462  agreements with private entities, or consortia thereof, for the
 1463  building, operation, ownership, or financing of authority
 1464  transportation facilities or new transportation facilities
 1465  within the jurisdiction of the authority which increase
 1466  transportation capacity. The authority may not sell or lease any
 1467  transportation facility owned by the authority without providing
 1468  the analysis required in s. 334.30(6)(e)2. to the Legislative
 1469  Budget Commission created pursuant to s. 11.90 for review and
 1470  approval before awarding a contract on a lease of an existing
 1471  toll facility. The authority may adopt rules to implement this
 1472  section and shall, by rule, establish an application fee for the
 1473  submission of unsolicited proposals under this section. The fee
 1474  must be sufficient to pay the costs of evaluating the proposals.
 1475  The authority may engage private consultants to assist in the
 1476  evaluation. Before approval, the authority must determine that a
 1477  proposed project:
 1478         (a)Is in the public’s best interest.
 1479         (b)Would not require state funds to be used unless the
 1480  project is on or provides increased mobility on the State
 1481  Highway System.
 1482         (c)Would have adequate safeguards to ensure that no
 1483  additional costs or service disruptions would be realized by the
 1484  traveling public and residents of the state in the event of
 1485  default or the cancellation of the agreement by the authority.
 1486         (d)Would have adequate safeguards in place to ensure that
 1487  the department, the authority, or the private entity has the
 1488  opportunity to add capacity to the proposed project and other
 1489  transportation facilities serving similar origins and
 1490  destinations.
 1491         (e)Would be owned by the authority upon completion or
 1492  termination of the agreement.
 1493         (2)The authority shall ensure that all reasonable costs to
 1494  the state which are related to transportation facilities that
 1495  are not part of the State Highway System are borne by the
 1496  private entity. The authority shall also ensure that all
 1497  reasonable costs to the state and substantially affected local
 1498  governments and utilities related to the private transportation
 1499  facility are borne by the private entity for transportation
 1500  facilities that are owned by private entities. For projects on
 1501  the State Highway System, the department may use state resources
 1502  to participate in funding and financing the project as provided
 1503  for under the department’s enabling legislation.
 1504         (3)The authority may request proposals for public-private
 1505  transportation projects or, if it receives an unsolicited
 1506  proposal, it must publish a notice in the Florida Administrative
 1507  Register and a newspaper of general circulation in the county in
 1508  which it is located at least once a week for 2 weeks stating
 1509  that it has received the proposal and will accept, for 60 days
 1510  after the initial date of publication, other proposals for the
 1511  same project purpose. A copy of the notice must be mailed to
 1512  each local government in the affected areas. After the public
 1513  notification period has expired, the authority shall rank the
 1514  proposals in order of preference. In ranking the proposals, the
 1515  authority shall consider professional qualifications, general
 1516  business terms, innovative engineering or cost-reduction terms,
 1517  finance plans, and the need for state funds to deliver the
 1518  proposal. If the authority is not satisfied with the results of
 1519  the negotiations, it may, at its sole discretion, terminate
 1520  negotiations with the proposer. If these negotiations are
 1521  unsuccessful, the authority may go to the second and lower
 1522  ranked firms, in order, using the same procedure. If only one
 1523  proposal is received, the authority may negotiate in good faith,
 1524  and if it is not satisfied with the results, it may, at its sole
 1525  discretion, terminate negotiations with the proposer. The
 1526  authority may, at its discretion, reject all proposals at any
 1527  point in the process up to completion of a contract with the
 1528  proposer.
 1529         (4)Agreements entered into pursuant to this section may
 1530  authorize the public-private entity to impose tolls or fares for
 1531  the use of the facility. However, the amount and use of toll or
 1532  fare revenues shall be regulated by the authority to avoid
 1533  unreasonable costs to users of the facility.
 1534         (5)Each public-private transportation facility constructed
 1535  pursuant to this section shall comply with all requirements of
 1536  federal, state, and local laws; state, regional, and local
 1537  comprehensive plans; the authority’s rules, policies,
 1538  procedures, and standards for transportation facilities; and any
 1539  other conditions that the authority determines to be in the
 1540  public’s best interest.
 1541         (6)The authority may exercise any power possessed by it,
 1542  including eminent domain, to facilitate the development and
 1543  construction of transportation projects pursuant to this
 1544  section. The authority may pay all or part of the cost of
 1545  operating and maintaining the facility or may provide services
 1546  to the private entity for which it receives full or partial
 1547  reimbursement for services rendered.
 1548         (7)Except as herein provided, this section is not intended
 1549  to amend existing laws by granting additional powers to or
 1550  further restricting the governmental entities from regulating
 1551  and entering into cooperative arrangements with the private
 1552  sector for the planning, construction, and operation of
 1553  transportation facilities.
 1554         Section 37. Pursuant to section 20 of chapter 2014-171,
 1555  Laws of Florida, part V of chapter 348, Florida Statutes,
 1556  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
 1557  348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and
 1558  348.9961, is repealed.
 1559         Section 38. The Office of Program Policy Analysis and
 1560  Government Accountability shall conduct a feasibility analysis
 1561  of the Florida Turnpike Enterprise conducting a rebate program
 1562  for SunPass users. The office shall submit a report of its
 1563  finding and recommendations to the Governor, the President of
 1564  the Senate, and the Speaker of the House of Representatives no
 1565  later than December 1, 2019.
 1566         Section 39. Except as otherwise expressly provided in this
 1567  act and except for this section, which shall take effect upon
 1568  this act becoming a law, this act shall take effect July 1,
 1569  2019.
 1570  
 1571  ================= T I T L E  A M E N D M E N T ================
 1572  And the title is amended as follows:
 1573         Delete everything before the enacting clause
 1574  and insert:
 1575                        A bill to be entitled                      
 1576         An act relating to transportation; amending s. 20.23,
 1577         F.S.; conforming provisions to changes made by the
 1578         act; amending s. 112.3144, F.S.; deleting an obsolete
 1579         provision; requiring members of certain authorities to
 1580         comply with certain financial disclosure requirements;
 1581         amending s. 212.055, F.S.; revising the authorized
 1582         uses of proceeds from charter county and regional
 1583         transportation system surtaxes; requiring certain
 1584         counties to use surtax proceeds for purposes related
 1585         to fixed guideway rapid transit systems, bus systems,
 1586         and development of dedicated facilities for autonomous
 1587         vehicles; authorizing the use of surtax proceeds for
 1588         the purchase of rights-of-way under certain
 1589         circumstances; authorizing the use of surtax proceeds
 1590         for refinancing existing bonds; authorizing a
 1591         percentage of surtax proceeds to be distributed to
 1592         certain municipalities to be used for certain
 1593         purposes; prohibiting the use of such proceeds for
 1594         certain purposes; amending s. 215.68, F.S.; conforming
 1595         provisions to changes made by the act; reviving,
 1596         reenacting, and amending s. 319.141, F.S.; redefining
 1597         the term “rebuilt inspection services”; revising
 1598         requirements related to the Pilot Rebuilt motor
 1599         vehicle inspection program; providing requirements for
 1600         participants; providing rulemaking authority;
 1601         providing reporting requirements; providing for future
 1602         repeal of the program; amending s. 334.175, F.S.;
 1603         requiring the Department of Transportation to approve
 1604         design plans for all transportation projects relating
 1605         to department-owned rights-of-way under certain
 1606         circumstances; amending s. 337.025, F.S.; authorizing
 1607         the department to establish a program for
 1608         transportation projects that demonstrate certain
 1609         innovative techniques for measuring resiliency and
 1610         structural integrity and controlling time and cost
 1611         increases; providing requirements for proposed
 1612         projects; amending s. 338.165, F.S.; deleting cross
 1613         references; amending s. 338.166, F.S.; limiting the
 1614         toll rate for high-occupancy toll lanes or express
 1615         lanes in certain counties; requiring a certain report;
 1616         amending s. 338.231, F.S.; requiring the department to
 1617         commit all net toll collections attributable to users
 1618         of turnpike facilities in certain counties to projects
 1619         and bond finance commitments in each respective
 1620         county; amending s. 339.175, F.S.; revising the
 1621         membership of the metropolitan planning organization
 1622         in certain counties; prohibiting the metropolitan
 1623         planning organization in such counties from charging a
 1624         certain fee; amending s. 343.1003, F.S.; revising a
 1625         cross-reference; repealing part I of chapter 348,
 1626         F.S., relating to the creation and operation of the
 1627         Florida Expressway Authority Act; creating part I of
 1628         Ch. 348, F.S.; titled “Greater Miami Expressway
 1629         Agency”; creating s. 348.0301, F.S.; providing a short
 1630         title; creating s. 348.0302, F.S.; providing
 1631         applicability; creating s. 348.0303, F.S.; providing
 1632         definitions; creating s. 348.0304, F.S.; creating the
 1633         Greater Miami Expressway Agency; providing for
 1634         membership on the governing body of the agency;
 1635         providing restrictions on membership; providing for
 1636         executive officers; providing quorum requirements;
 1637         requiring the initial meeting of the governing body by
 1638         a date certain; requiring an oath of office;
 1639         authorizing certain employees; authorizing the
 1640         delegation of certain functions; prohibiting certain
 1641         persons from being executive director of the agency;
 1642         requiring the appointment of an interim executive
 1643         director by a date certain; providing that members of
 1644         the agency are not entitled to compensation, but are
 1645         entitled to specified expenses; creating 348.0305,
 1646         F.S.; providing ethics requirements for the agency;
 1647         providing that a specified chapter in law is
 1648         applicable; prohibiting lobbyists from serving on the
 1649         governing body; prohibiting persons with certain
 1650         interests from being appointed to the governing body;
 1651         providing certain prohibitions for members and
 1652         employees of the agency; providing certain post
 1653         employment restrictions; requiring an ethics officer;
 1654         prohibiting the use of specified positions for certain
 1655         purposes; providing disclosure requirements; requiring
 1656         specified policies and training; providing
 1657         applicability; providing penalties; creating s
 1658         348.0306, F.S.; providing agency purposes and powers;
 1659         requiring the construction of expressways; providing
 1660         specified powers of the agency; prohibiting an
 1661         increase in toll rates until a specified date;
 1662         requiring a supermajority vote for an increase in toll
 1663         rates; providing a limit to administrative costs;
 1664         requiring the Florida Transportation Commission to
 1665         determine average administrative costs; requiring a
 1666         minimum distance between tolling points; providing
 1667         that the change in distances may be revenue neutral;
 1668         providing reimbursement and refund requirements;
 1669         providing requirements for agency projects; requiring
 1670         certain written consent for the use or pledge of
 1671         county gasoline tax funds; providing requirements for
 1672         the filing of certain reports or documentation;
 1673         prohibiting construction by the agency under certain
 1674         circumstances; requiring an annual financial audit and
 1675         audit report, subject to certain requirements;
 1676         creating s. 348.0307, F.S.; creating the Florida
 1677         Sunshine Rebate Program; requiring the agency to
 1678         provide specified rebates to specified SunPass
 1679         holders; providing for automatic eligibility;
 1680         providing for an opt-out provision; creating s.
 1681         348.0308, F.S.; providing a legislative declaration;
 1682         authorizing the agency to enter into certain public
 1683         private partnership agreements; authorizing
 1684         solicitation or receipt of certain proposals;
 1685         providing rulemaking authority; providing approval
 1686         requirements; requiring certain costs to be borne by
 1687         the private entity; providing notice requirements for
 1688         requests for proposals; providing for ranking and
 1689         negotiation of proposals; requiring the agency to
 1690         regulate tolls on certain facilities; requiring
 1691         compliance with specified laws, rules, and conditions;
 1692         providing for development, construction, operation,
 1693         and maintenance of transportation projects by the
 1694         agency or private entities; providing construction;
 1695         creating s. 348.0309, F.S.; authorizing the agency to
 1696         have bonds issued as provided in the State Bond Act;
 1697         authorizing the agency to issue its own bonds;
 1698         providing requirements for the issuance of such bonds;
 1699         requiring the sale of bonds at a public sale;
 1700         providing an exception; requiring Legislative approval
 1701         of certain indebtedness; creating s. 348.0310, F.S.;
 1702         providing the Department of Transportation may be
 1703         appointed as an agent of the agency for construction;
 1704         requiring the agency to provide specified documents to
 1705         the department; creating s. 348.0311, F.S.;
 1706         authorizing the authority to acquire land and
 1707         property; authorizing specified persons to enter upon
 1708         specified properties; providing for eminent domain
 1709         authority; prohibiting certain liability of the
 1710         agency; authorizing certain interagency agreements
 1711         between the agency and the Department of Environmental
 1712         Protection; creating s. 348.0312, F.S.; authorizing
 1713         cooperation with other units of government and
 1714         individuals; creating s. 348.0313, F.S.; providing a
 1715         covenant of the state that it will not change certain
 1716         laws; creating s. 348.0314, F.S.; providing an
 1717         exemption from taxation; creating s. 348.0315, F.S.;
 1718         requiring specified documents to be posted on the
 1719         agency’s website; requiring a certain report; creating
 1720         s. 348.0316, F.S.; providing that specified bonds or
 1721         obligations are eligible investments for certain
 1722         purposes; creating s. 348.0317, F.S.; providing that
 1723         specified pledges are enforceable by bondholders;
 1724         creating s. 348.0318, F.S.; providing additional
 1725         authority; transferring the assets and liabilities of
 1726         the Miami-Dade County Expressway Authority to the
 1727         Greater Miami Expressway Agency; providing terms of
 1728         the transfer; providing that the agency succeeds to
 1729         all powers of the authority; providing that revenues
 1730         collected on the expressway system are agency
 1731         revenues; requiring the agency, in consultation with
 1732         the Division of Bond Finance, to review certain
 1733         documents of the agency; providing terms and
 1734         conditions of the transfer; providing for the
 1735         dissolution of the Miami-Dade County Expressway
 1736         Authority; creating ss. 348.635 and 348.7605, F.S.;
 1737         providing a legislative declaration; authorizing the
 1738         Tampa-Hillsborough County Expressway Authority and the
 1739         Central Florida Expressway Authority, respectively, to
 1740         enter into public-private partnership agreements;
 1741         authorizing solicitation or receipt of certain
 1742         proposals; providing rulemaking authority; providing
 1743         approval requirements; requiring certain costs to be
 1744         borne by the private entity; providing notice
 1745         requirements for requests for proposals; providing for
 1746         ranking and negotiation of proposals; requiring the
 1747         authorities to regulate tolls on certain facilities;
 1748         requiring compliance with specified laws, rules, and
 1749         conditions; providing for development, construction,
 1750         operation, and maintenance of transportation projects
 1751         by the authorities or private entities; providing
 1752         construction; repealing part V of ch. 348, F.S.,
 1753         relating to the Osceola County Expressway Authority
 1754         Law; requiring the Office of Program Policy Analysis
 1755         and Government Accountability to submit a certain
 1756         report; providing effective dates.