Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 898
       
       
       
       
       
                               Ì956178QÎ956178                          
       
       576-03889A-19                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; conforming provisions to changes made by the
    4         act; amending s. 112.3144, F.S.; deleting an obsolete
    5         provision; requiring members of certain authorities to
    6         comply with certain financial disclosure requirements;
    7         amending s. 215.68, F.S.; conforming provisions to
    8         changes made by the act; reviving, reenacting, and
    9         amending s. 319.141, F.S.; redefining the term
   10         “rebuilt inspection services”; revising requirements
   11         related to the Pilot Rebuilt motor vehicle inspection
   12         program; providing requirements for participants;
   13         providing rulemaking authority; providing reporting
   14         requirements; providing for future repeal of the
   15         program; amending s. 334.175, F.S.; requiring the
   16         Department of Transportation to approve design plans
   17         for all transportation projects relating to
   18         department-owned rights-of-way under certain
   19         circumstances; amending s. 337.025, F.S.; authorizing
   20         the department to establish a program for
   21         transportation projects that demonstrate certain
   22         innovative techniques for measuring resiliency and
   23         structural integrity and controlling time and cost
   24         increases; providing requirements for proposed
   25         projects; amending s. 338.165, F.S.; deleting cross
   26         references; amending s. 338.166, F.S.; limiting the
   27         toll rate for high-occupancy toll lanes or express
   28         lanes in certain counties; requiring a certain report;
   29         amending s. 339.175, F.S.; revising the membership of
   30         the metropolitan planning organization in certain
   31         counties; prohibiting the metropolitan planning
   32         organization in such counties from charging a certain
   33         fee; amending s. 343.1003, F.S.; revising a cross
   34         reference; repealing part I of chapter 348, F.S.,
   35         relating to the creation and operation of the Florida
   36         Expressway Authority Act; creating part I of Ch. 348,
   37         F.S.; titled “Greater Miami Expressway Agency”;
   38         creating s. 348.0301, F.S.; providing a short title;
   39         creating s. 348.0302, F.S.; providing applicability;
   40         creating s. 348.0303, F.S.; providing definitions;
   41         creating s. 348.0304, F.S.; creating the Greater Miami
   42         Expressway Agency; providing for membership on the
   43         governing body of the agency; providing restrictions
   44         on membership; providing for executive officers;
   45         providing quorum requirements; requiring the initial
   46         meeting of the governing body by a date certain;
   47         requiring an oath of office; authorizing certain
   48         employees; authorizing the delegation of certain
   49         functions; providing that members of the agency are
   50         not entitled to compensation, but are entitled to
   51         specified expenses; creating 348.0305, F.S.; providing
   52         ethics requirements for the agency; providing that a
   53         specified chapter in law is applicable; prohibiting
   54         lobbyists from serving on the governing body;
   55         prohibiting persons with certain interests from being
   56         appointed to the governing body; providing certain
   57         prohibitions for members and employees of the agency;
   58         providing certain post-employment restrictions;
   59         requiring an ethics officer; prohibiting the use of
   60         specified positions for certain purposes; providing
   61         disclosure requirements; requiring specified policies
   62         and training; providing applicability; providing
   63         penalties; creating s 348.0306, F.S.; providing agency
   64         purposes and powers; requiring the construction of
   65         expressways; providing specified powers of the agency;
   66         prohibiting an increase in toll rates until a
   67         specified date; requiring a supermajority vote for an
   68         increase in toll rates; providing a limit to
   69         administrative costs; requiring the Florida
   70         Transportation Commission to determine average
   71         administrative costs; requiring a minimum distance
   72         between tolling points; providing that the change in
   73         distances may be revenue neutral; providing
   74         reimbursement and refund requirements; providing
   75         requirements for agency projects; requiring certain
   76         written consent for the use or pledge of county
   77         gasoline tax funds; providing requirements for the
   78         filing of certain reports or documentation;
   79         prohibiting construction by the agency under certain
   80         circumstances; requiring an annual financial audit and
   81         audit report, subject to certain requirements;
   82         creating s. 348.0307, F.S.; creating the Florida
   83         Sunshine Rebate Program; requiring the agency to
   84         provide specified rebates to specified SunPass
   85         holders; providing for automatic eligibility;
   86         providing for an opt-out provision; creating s.
   87         348.0308, F.S.; providing a legislative declaration;
   88         authorizing the agency to enter into certain public
   89         private partnership agreements; authorizing
   90         solicitation or receipt of certain proposals;
   91         providing rulemaking authority; providing approval
   92         requirements; requiring certain costs to be borne by
   93         the private entity; providing notice requirements for
   94         requests for proposals; providing for ranking and
   95         negotiation of proposals; requiring the agency to
   96         regulate tolls on certain facilities; requiring
   97         compliance with specified laws, rules, and conditions;
   98         providing for development, construction, operation,
   99         and maintenance of transportation projects by the
  100         agency or private entities; providing construction;
  101         creating s. 348.0309, F.S.; authorizing the agency to
  102         have bonds issued as provided in the State Bond Act;
  103         authorizing the agency to issue its own bonds;
  104         providing requirements for the issuance of such bonds;
  105         requiring the sale of bonds at a public sale;
  106         providing an exception; requiring Legislative approval
  107         of certain indebtedness; creating s. 348.0310, F.S.;
  108         providing the Department of Transportation may be
  109         appointed as an agent of the agency for construction;
  110         requiring the agency to provide specified documents to
  111         the department; creating s. 348.0311, F.S.;
  112         authorizing the authority to acquire land and
  113         property; authorizing specified persons to enter upon
  114         specified properties; providing for eminent domain
  115         authority; prohibiting certain liability of the
  116         agency; authorizing certain interagency agreements
  117         between the agency and the Department of Environmental
  118         Protection; creating s. 348.0312, F.S.; authorizing
  119         cooperation with other units of government and
  120         individuals; creating s. 348.0313, F.S.; providing a
  121         covenant of the state that it will not change certain
  122         laws; creating s. 348.0314, F.S.; providing an
  123         exemption from taxation; creating s. 348.0315, F.S.;
  124         requiring specified documents to be posted on the
  125         agency’s website; requiring a certain report; creating
  126         s. 348.0316, F.S.; providing that specified bonds or
  127         obligations are eligible investments for certain
  128         purposes; creating s. 348.0317, F.S.; providing that
  129         specified pledges are enforceable by bondholders;
  130         creating s. 348.0318, F.S.; providing additional
  131         authority; transferring the assets and liabilities of
  132         the Miami-Dade County Expressway Authority to the
  133         Greater Miami Expressway Agency; providing terms of
  134         the transfer; providing that the agency succeeds to
  135         all powers of the authority; providing that revenues
  136         collected on the expressway system are agency
  137         revenues; requiring the agency, in consultation with
  138         the Division of Bond Finance, to review certain
  139         documents of the agency; providing terms and
  140         conditions of the transfer; providing for the
  141         dissolution of the Miami-Dade County Expressway
  142         Authority; creating ss. 348.635 and 348.7605, F.S.;
  143         providing a legislative declaration; authorizing the
  144         Tampa-Hillsborough County Expressway Authority and the
  145         Central Florida Expressway Authority, respectively, to
  146         enter into public-private partnership agreements;
  147         authorizing solicitation or receipt of certain
  148         proposals; providing rulemaking authority; providing
  149         approval requirements; requiring certain costs to be
  150         borne by the private entity; providing notice
  151         requirements for requests for proposals; providing for
  152         ranking and negotiation of proposals; requiring the
  153         authorities to regulate tolls on certain facilities;
  154         requiring compliance with specified laws, rules, and
  155         conditions; providing for development, construction,
  156         operation, and maintenance of transportation projects
  157         by the authorities or private entities; providing
  158         construction; repealing part V of ch. 348, F.S.,
  159         relating to the Osceola County Expressway Authority
  160         Law; requiring the Office of Program Policy Analysis
  161         and Government Accountability to submit a certain
  162         report; providing effective dates.
  163          
  164  Be It Enacted by the Legislature of the State of Florida:
  165  
  166         Section 1. Paragraph (b) of subsection (2) of section
  167  20.23, Florida Statutes, is amended to read:
  168         20.23 Department of Transportation.—There is created a
  169  Department of Transportation which shall be a decentralized
  170  agency.
  171         (2)
  172         (b) The commission shall:
  173         1. Recommend major transportation policies for the
  174  Governor’s approval and assure that approved policies and any
  175  revisions are properly executed.
  176         2. Periodically review the status of the state
  177  transportation system including highway, transit, rail, seaport,
  178  intermodal development, and aviation components of the system
  179  and recommend improvements to the Governor and the Legislature.
  180         3. Perform an in-depth evaluation of the annual department
  181  budget request, the Florida Transportation Plan, and the
  182  tentative work program for compliance with all applicable laws
  183  and established departmental policies. Except as specifically
  184  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  185  not consider individual construction projects, but shall
  186  consider methods of accomplishing the goals of the department in
  187  the most effective, efficient, and businesslike manner.
  188         4. Monitor the financial status of the department on a
  189  regular basis to assure that the department is managing revenue
  190  and bond proceeds responsibly and in accordance with law and
  191  established policy.
  192         5. Monitor on at least a quarterly basis, the efficiency,
  193  productivity, and management of the department using performance
  194  and production standards developed by the commission pursuant to
  195  s. 334.045.
  196         6. Perform an in-depth evaluation of the factors causing
  197  disruption of project schedules in the adopted work program and
  198  recommend to the Governor and the Legislature methods to
  199  eliminate or reduce the disruptive effects of these factors.
  200         7. Recommend to the Governor and the Legislature
  201  improvements to the department’s organization in order to
  202  streamline and optimize the efficiency of the department. In
  203  reviewing the department’s organization, the commission shall
  204  determine if the current district organizational structure is
  205  responsive to this state’s changing economic and demographic
  206  development patterns. The initial report by the commission must
  207  be delivered to the Governor and the Legislature by December 15,
  208  2000, and each year thereafter, as appropriate. The commission
  209  may retain experts as necessary to carry out this subparagraph,
  210  and the department shall pay the expenses of the experts.
  211         8. Monitor the efficiency, productivity, and management of
  212  the agencies and authorities created under chapters 348 and 349,
  213  including any authority formed using part I of chapter 348; the
  214  Mid-Bay Bridge Authority re-created pursuant to chapter 2000
  215  411, Laws of Florida; and any authority formed under chapter
  216  343. The commission shall also conduct periodic reviews of each
  217  authority’s operations and budget, acquisition of property,
  218  management of revenue and bond proceeds, and compliance with
  219  applicable laws and generally accepted accounting principles.
  220         Section 2. Subsection (1) of section 112.3144, Florida
  221  Statutes, is amended to read:
  222         112.3144 Full and public disclosure of financial
  223  interests.—
  224         (1)(a) An officer who is required by s. 8, Art. II of the
  225  State Constitution to file a full and public disclosure of his
  226  or her financial interests for any calendar or fiscal year shall
  227  file that disclosure with the Florida Commission on Ethics.
  228  Additionally, beginning January 1, 2015, an officer who is
  229  required to complete annual ethics training pursuant to s.
  230  112.3142 must certify on his or her full and public disclosure
  231  of financial interests that he or she has completed the required
  232  training.
  233         (b)A member of an expressway authority, transportation
  234  authority, bridge authority, toll authority, or transportation
  235  agency created pursuant to chapter 343, chapter 348, or any
  236  other general law shall comply with the applicable financial
  237  disclosure requirements of s. 8, Art. II of the State
  238  Constitution.
  239         Section 3. Subsection (2) of section 215.68, Florida
  240  Statutes, is amended to read:
  241         215.68 Issuance of bonds; form; maturity date, execution,
  242  sale.—
  243         (2) Such bonds may:
  244         (a) Be issued in either coupon form or registered form or
  245  both;
  246         (b) Have such date or dates of issue and such maturities,
  247  not exceeding in any event 40 years from the date of issuance
  248  thereof;
  249         (c) Bear interest at a rate or rates not exceeding the
  250  interest rate limitation set forth in s. 215.84(3);
  251         (d) Have such provisions for registration of coupon bonds
  252  and conversion and reconversion of bonds from coupon to
  253  registered form or from registered form to coupon form;
  254         (e) Have such provisions for payment at maturity and
  255  redemption before prior to maturity at such time or times and at
  256  such price or prices; and
  257         (f) Be payable at such place or places within or without
  258  the state as the board shall determine by resolution.
  259  
  260  The foregoing terms and conditions do not supersede the
  261  limitations provided in chapter 348, part I, relating to the
  262  issuance of bonds.
  263         Section 4. Notwithstanding the repeal of section 319.141,
  264  Florida Statutes, which occurred on July 1, 2018, that section
  265  is revived, reenacted, and amended, to read:
  266         319.141 Pilot Rebuilt motor vehicle inspection program.—
  267         (1) As used in this section, the term:
  268         (a) “Facility” means a rebuilt motor vehicle inspection
  269  facility authorized and operating under this section.
  270         (b) “Rebuilt inspection services” means an examination of a
  271  rebuilt vehicle and a properly endorsed certificate of title,
  272  salvage certificate of title, or manufacturer’s statement of
  273  origin and an application for a rebuilt certificate of title, a
  274  rebuilder’s affidavit, a photograph of the junk or salvage
  275  vehicle taken before repairs began, if available, a photograph
  276  of the interior driver and passenger side of the vehicle if
  277  airbags were previously deployed and replaced, receipts or
  278  invoices for all major component parts, as defined in s. 319.30,
  279  and repairs which were changed, and proof that notice of
  280  rebuilding of the vehicle has been reported to the National
  281  Motor Vehicle Title Information System.
  282         (2) By October 1, 2019 July 1, 2015, the department shall
  283  implement oversee a pilot program in Miami-Dade County to
  284  evaluate alternatives for rebuilt inspection services offered by
  285  existing private sector participants. The department may select
  286  up to four applicants who are deemed, at its discretion, to be
  287  most qualified operators, including the continued use of private
  288  facilities, the cost impact to consumers, and the potential
  289  savings to the department.
  290         (3) Upon selection, each participant shall enter into The
  291  department shall establish a memorandum of understanding with
  292  the department which that allows the participant private parties
  293  participating in the pilot program to conduct rebuilt motor
  294  vehicle inspections; and specifies requirements for oversight,
  295  bonding and insurance, procedures, and forms; and requires the
  296  electronic transmission of documents. The department may examine
  297  all records pertaining to any inspection or related service
  298  performed under the pilot program.
  299         (4) Before a participant an applicant is allowed to furnish
  300  such rebuilt inspection program approved, the department must
  301  shall ensure that the participant applicant meets basic criteria
  302  designed to protect the public. At a minimum, the applicant
  303  shall meet all of the following requirements:
  304         (a) Have and maintain a surety bond or irrevocable letter
  305  of credit in the amount of $100,000 executed in favor of the
  306  department. Such surety bond or letter of credit must be issued
  307  by entities licensed to do business in this state by the
  308  applicant.
  309         (b) Secure and maintain a facility at a permanent fixed
  310  structure, as evidenced by proof of ownership or written lease
  311  at an address identified by a county-issued tax folio number and
  312  recognized by the United States Postal Service where the only
  313  services provided on such property are rebuilt inspection
  314  services. The facility must have permanent signage that
  315  advertises that only private rebuilt inspection services are
  316  provided at that location and must have posted business hours, a
  317  designated office area and customer waiting area, a rebuilt
  318  inspection area separate and visually obstructed from any area
  319  accessible to the customer, surveillance cameras with recording
  320  capabilities for the rebuilt inspection areas, and sufficient
  321  on-site customer parking. The location must be large enough to
  322  accommodate all of the vehicles being inspected and must have a
  323  covered area to accommodate at least two vehicles during
  324  inclement weather. The participant operator of a facility shall
  325  annually attest that he or she is not employed by or does not
  326  have an ownership interest in or other financial arrangement
  327  with the owner, operator, manager, or employee of a motor
  328  vehicle repair shop as defined in s. 559.903, a motor vehicle
  329  dealer as defined in s. 320.27(1)(c), a towing company, a
  330  vehicle storage company, a vehicle auction, an insurance
  331  company, a salvage yard, a metal retailer, or a metal rebuilder,
  332  from which he or she receives remuneration, directly or
  333  indirectly, for the referral of customers for rebuilt inspection
  334  services; he or she does not have a direct or indirect interest
  335  in any motor vehicle that a facility has inspected or proposes
  336  to inspect; there have been no changes to the ownership
  337  structure of the approved facility; and the only services being
  338  provided by such participant at the facility are rebuilt
  339  inspection services. Only a participant selected and approved by
  340  the department may charge or receive a fee for providing or
  341  facilitating such services.
  342         (c) Have and maintain garage liability insurance coverage
  343  with at least $100,000 single-limit liability coverage that
  344  includes bodily injury and property damage protection, and any
  345  other insurance required by the department.
  346         (d) Have completed criminal background checks of the
  347  owners, partners, and corporate officers and the inspectors
  348  employed by the facility which demonstrate that such persons
  349  have not pled guilty or nolo contendere to or been convicted of
  350  a felony, or been incarcerated for a felony in the last 10
  351  years.
  352         (e)A participant may not conduct an inspection of a
  353  vehicle in complete rebuilt condition without prior approval by
  354  the department. No person or entity, other than the department
  355  or participant authorized by the department, may conduct rebuilt
  356  inspection services.
  357         (f)(e) Meet any additional criteria the department
  358  determines necessary to conduct proper inspections.
  359         (5) A participant in the program shall access vehicle and
  360  title information and enter inspection results through an
  361  electronic filing system authorized by the department and shall
  362  maintain records of each rebuilt vehicle inspection processed at
  363  such facility for at least 5 years.
  364         (6)An applicant that fails an initial rebuilt inspection
  365  may only have that vehicle re-inspected by the department or the
  366  facility that conducted the original inspection.
  367         (7)(6) The department shall conduct an on-site facility
  368  inspection at least once per quarter and shall immediately
  369  terminate any participant operator from the program who fails to
  370  meet the minimum eligibility requirements specified in
  371  subsection (4). Before a change in ownership of a rebuilt
  372  inspection facility, the current operator must give the
  373  department 45 days’ written notice of the intended sale or
  374  transfer. The prospective owner must meet the eligibility
  375  requirements of this section and execute a new memorandum of
  376  understanding with the department before operating the facility.
  377         (8)The department may adopt rules pursuant to ss.
  378  120.536(1) and 120.54 to implement and enforce this section. The
  379  department shall also have the nonexclusive power to define by
  380  rule, any term, whether or not used in this section, insofar as
  381  the definition is not inconsistent with this section.
  382         (9)On or before July 1, 2021, the department shall submit
  383  a written report to the President of the Senate and the Speaker
  384  of the House of Representatives evaluating the effectiveness of
  385  the program and recommending whether to expand the program into
  386  other counties.
  387         (10)(7) This section is repealed on July 1, 2022 2018,
  388  unless saved from repeal through reenactment by the Legislature.
  389         Section 5. Section 334.175, Florida Statutes, is amended to
  390  read:
  391         334.175 Certification of project design plans and surveys.—
  392         (1) All design plans and surveys prepared by or for the
  393  department shall be signed, sealed, and certified by the
  394  professional engineer or surveyor or architect or landscape
  395  architect in responsible charge of the project work. Such
  396  professional engineer, surveyor, architect, or landscape
  397  architect must be duly registered in this state.
  398         (2)Regardless of their funding source, the department
  399  shall approve the design plans for all transportation projects
  400  on, under, over, or abutting a department-owned right-of-way
  401  which meet the department’s design standards.
  402         Section 6. Section 337.025, Florida Statutes, is amended to
  403  read:
  404         337.025 Innovative transportation highway projects;
  405  department to establish program.—
  406         (1) The department may is authorized to establish a program
  407  for transportation highway projects demonstrating innovative
  408  techniques of highway and bridge design, construction,
  409  maintenance, and finance which have the intended effect of
  410  measuring resiliency and structural integrity and controlling
  411  time and cost increases on construction projects. Such
  412  techniques may include, but are not limited to, state-of-the-art
  413  technology for pavement, safety, and other aspects of highway
  414  and bridge design, construction, and maintenance; innovative
  415  bidding and financing techniques; accelerated construction
  416  procedures; and those techniques that have the potential to
  417  reduce project life cycle costs. To the maximum extent
  418  practical, the department must use the existing process to award
  419  and administer construction and maintenance contracts. When
  420  specific innovative techniques are to be used, the department is
  421  not required to adhere to those provisions of law that would
  422  prevent, preclude, or in any way prohibit the department from
  423  using the innovative technique. However, before prior to using
  424  an innovative technique that is inconsistent with another
  425  provision of law, the department must document in writing the
  426  need for the exception and identify what benefits the traveling
  427  public and the affected community are anticipated to receive.
  428  The department may enter into no more than $120 million in
  429  contracts annually for the purposes authorized by this section.
  430  All proposed projects, including all different alternatives,
  431  must be designed and constructed using the English system of
  432  units. The proposed design speed must be 70 miles per hour. The
  433  plans and specifications must be prepared in accordance with the
  434  department’s most recent design standards, Plans Preparation
  435  Manual, and drainage manual, Flexible Pavement Design Manual,
  436  the American Association of State Highway Transportation
  437  Officials, and all current department memorandums.
  438         (2) The annual cap on contracts provided in subsection (1)
  439  shall not apply to:
  440         (a) Turnpike enterprise projects, and turnpike enterprise
  441  projects shall not be counted toward the department’s annual
  442  cap.
  443         (b) Transportation projects funded by the American Recovery
  444  and Reinvestment Act of 2009.
  445         Section 7. Subsections (2) and (5) of section 338.165,
  446  Florida Statutes, are amended to read:
  447         338.165 Continuation of tolls.—
  448         (2) If the revenue-producing project is on the State
  449  Highway System, any remaining toll revenue shall be used for the
  450  construction, maintenance, or improvement of any road on the
  451  State Highway System within the county or counties in which the
  452  revenue-producing project is located, except as provided in s.
  453  348.0004.
  454         (5) If the revenue-producing project is on the county road
  455  system, any remaining toll revenue shall be used for the
  456  construction, maintenance, or improvement of any other state or
  457  county road within the county or counties in which the revenue
  458  producing project is located, except as provided in s. 348.0004.
  459         Section 8. Subsections (5) and (6) of section 338.166,
  460  Florida Statutes, are renumbered as subsections (6) and (7),
  461  respectively, present subsection (7) of that section is
  462  renumbered as subsection (9) and amended, and new subsection (5)
  463  and subsection (8) are added to that section, to read:
  464         338.166 High-occupancy toll lanes or express lanes.—
  465         (5)Notwithstanding any other provision of law to the
  466  contrary, in a county as defined in s. 125.011(1), a toll for a
  467  high-occupancy toll lane or express lane may not exceed $1.25
  468  per mile.
  469         (8)Beginning on October 1, 2020, and annually thereafter,
  470  the department, including the Florida Turnpike Enterprise, shall
  471  submit to the board of county commissioners of a county as
  472  defined in s. 125.011(1) and to the metropolitan planning
  473  organization for that county a report providing information
  474  regarding the amount of tolls collected in that county and how
  475  those tolls were used in the previous fiscal year.
  476         (9)(7)Except for subsections (5) and (8), this section
  477  does not apply to the turnpike system as defined under the
  478  Florida Turnpike Enterprise Law.
  479         Section 9. Paragraph (d) of subsection (3) and paragraph
  480  (f) of subsection (6) of section 339.175, Florida Statutes, are
  481  amended to read:
  482         339.175 Metropolitan planning organization.—
  483         (3) VOTING MEMBERSHIP.—
  484         (d) Any other provision of this section to the contrary
  485  notwithstanding, any county as defined in s. 125.011(1)
  486  chartered under s. 6(e), Art. VIII of the State Constitution may
  487  elect to have its county commission serve as the M.P.O., if the
  488  M.P.O. jurisdiction is wholly contained within the county. Any
  489  charter county that elects to exercise the provisions of this
  490  paragraph shall so notify the Governor in writing. Upon receipt
  491  of such notification, the Governor must designate the county
  492  commission as the M.P.O. The Governor must appoint three four
  493  additional voting members to the M.P.O., one of whom must be an
  494  elected official representing a municipality within the county,
  495  one of whom must be a member of the governing body from the
  496  agency created in part I of chapter 348, an expressway authority
  497  member, one of whom must be a person who does not hold elected
  498  public office and who resides in the unincorporated portion of
  499  the county, and one of whom must be a school board member.
  500         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  501  privileges, and authority of an M.P.O. are those specified in
  502  this section or incorporated in an interlocal agreement
  503  authorized under s. 163.01. Each M.P.O. shall perform all acts
  504  required by federal or state laws or rules, now and subsequently
  505  applicable, which are necessary to qualify for federal aid. It
  506  is the intent of this section that each M.P.O. shall be involved
  507  in the planning and programming of transportation facilities,
  508  including, but not limited to, airports, intercity and high
  509  speed rail lines, seaports, and intermodal facilities, to the
  510  extent permitted by state or federal law.
  511         (f)1. The department shall allocate to each M.P.O., for the
  512  purpose of accomplishing its transportation planning and
  513  programming duties, an appropriate amount of federal
  514  transportation planning funds.
  515         2.In a county as defined in s. 125.011(1), the M.P.O. may
  516  not assess any fees on municipalities, counties, or other
  517  governmental entities that are members of the M.P.O.
  518         Section 10. Subsection (6) of section 343.1003, Florida
  519  Statutes, is amended to read:
  520         343.1003 Northeast Florida Regional Transportation
  521  Commission.—
  522         (6) Notwithstanding s. 112.3144(1)(b) s. 348.0003(4)(c),
  523  members of the board shall file a statement of financial
  524  interests interest with the Commission on Ethics pursuant to s.
  525  112.3145.
  526         Section 11. Sections 348.0001, 348.0002, 348.0003,
  527  348.0004, 348.0005, 348.0007, 348.0008, 348.0009, 348.0010,
  528  348.0011, 348.00115, and 348.0012, Florida Statutes, are
  529  repealed.
  530         Section 12. Part I of chapter 348, Florida Statutes, is
  531  redesignated as “Greater Miami Expressway Agency” and the
  532  following sections are created within that part: ss. 348.0301,
  533  348.0302, 348.0303, 348.0304, 38.0305, 348.0306, 348.0307,
  534  348.0308, 348.0309, 348.0310, 348.0311, 348.0312, 348.0313,
  535  348.0314, 348.0315, 343.0316, 343.0317, and 343.0318, Florida
  536  Statutes.
  537         Section 13. Section 348.0301, Florida Statutes, is created
  538  to read:
  539         348.0301Short title.—This part may be cited as the
  540  “Greater Miami Expressway Agency Act.”
  541         Section 14. Section 348.0302, Florida Statutes, is created
  542  to read:
  543         348.0302 Applicability.—This part applies only to a county
  544  as defined in s. 125.011(1).
  545         Section 15. Section 348.0303, Florida Statutes, is created
  546  to read:
  547         348.0303Definitions.—As used in the this part, the term:
  548         (1)“Agency” means the Greater Miami Expressway Agency.
  549         (2)“Agency of the state” means and includes the state and
  550  any department of, or corporation, agency, or instrumentality
  551  created, designated, or established by, the state.
  552         (3)“Bonds” means and includes the notes, bonds, refunding
  553  bonds, or other evidences of indebtedness or obligations, in
  554  either temporary or definitive form, which the agency issues
  555  pursuant to this part.
  556         (4)“County” means a county as defined in s. 125.011(1),
  557  F.S.
  558         (5)“County gasoline tax funds” means all the 80-percent
  559  surplus gasoline tax funds accruing in each year to the
  560  department for use within the geographic boundaries of the
  561  agency under the provisions of s. 9, Art. XII of the State
  562  Constitution, after deduction only of any amounts of such
  563  gasoline tax funds heretofore pledged by the department or a
  564  county for outstanding obligations.
  565         (6)“Department” means the Department of Transportation.
  566         (7)“Express written consent” means prior express written
  567  consent given in the form of a resolution adopted by a board of
  568  county commissioners.
  569         (8)“Expressway” means a street or highway especially
  570  designed for through traffic and over, from, or to which owners
  571  or occupants of abutting land or other persons have no right or
  572  easement or only a limited right or easement of access, light,
  573  air, or view by reason of the fact that their property abuts
  574  upon such limited access facility or for any other reason. Such
  575  highways or streets may be facilities from which trucks, buses,
  576  and other commercial vehicles are excluded; or they may be
  577  facilities open to use by all customary forms of street and
  578  highway traffic.
  579         (9)“Expressway system” means any and all expressways
  580  within the geographic boundaries of the agency and any
  581  appurtenant facilities, including, but not limited to, all
  582  approaches, roads, bridges, and avenues of access for such
  583  expressway. An expressway system includes a public
  584  transportation facility.
  585         (10)“Federal agency” means and includes the United States,
  586  the President of the United States, and any department of, or
  587  corporation, agency, or instrumentality created, designated, or
  588  established by, the United States.
  589         (11)“Members” means the membership of the governing body
  590  of the agency.
  591         (12)“Public transportation facility” means real and
  592  personal property, structures, improvements, buildings,
  593  personnel, equipment, plant, vehicle parking or other
  594  facilities, rights-of-way, or any combination thereof used or
  595  useful for the purposes of transporting passengers by means of a
  596  street railway, elevated railway or guideway, subway, motor
  597  vehicle, motor bus, or any bus or other means of conveyance
  598  operating as a common carrier.
  599         Section 16. Section 348.0304, Florida Statutes, is created
  600  to read:
  601         348.0304Greater Miami Expressway Agency.—
  602         (1)The Greater Miami Expressway Agency is created as a
  603  body politic and corporate and an agency of the state.
  604         (2)(a)The governing body of the agency shall consist of
  605  seven voting members, each of whom must be a permanent resident
  606  of the county and may not hold elected office. Each member may
  607  serve only two 4-year terms. The Miami-Dade County Commission
  608  shall appoint four members, of which two members must live in
  609  the unincorporated areas of Miami-Dade County within 15 miles of
  610  the area with the highest amount of toll roads. The other two
  611  members must live in municipalities of Miami-Dade County, but
  612  cannot be from the same municipality. The Governor shall appoint
  613  three members living in Miami-Dade County, but such members
  614  cannot be from the same municipality.
  615         (b)Initial appointments to the governing body of the
  616  agency must be made by July 31, 2019. For the purpose of
  617  establishing staggered terms, of the initial appointments made
  618  by the Governor, one shall serve for a term of 1 year, one shall
  619  serve for a term of 2 years, one shall serve for a term of 3
  620  years, and one shall serve for a term of four years. A person
  621  who served as a member of the governing body of the former
  622  Miami-Dade County Expressway Authority may not be appointed to
  623  the governing body of the agency.
  624         (3)(a)The governing body of the agency shall elect one of
  625  its members as its chair and shall elect a secretary and a
  626  treasurer, who need not be members of the agency. The chair, the
  627  secretary, and the treasurer serve at the will of the agency. A
  628  simple majority of the governing body of the agency constitutes
  629  a quorum, and the vote of a majority of those members present is
  630  necessary for the governing body to take any action. A vacancy
  631  does not impair the right of a quorum of the agency to exercise
  632  all of the rights and perform all of the duties of the agency.
  633         (b)Upon the effective date of his or her appointment, or
  634  as soon thereafter as practicable, each member of the agency
  635  shall begin to perform his or her duties. The governing body’s
  636  initial board meeting must take place within 15 days after
  637  completion of the initial appointments to the board.
  638         (c)Each member of the agency, before entering upon his or
  639  her official duties, shall take and subscribe to an oath before
  640  some official authorized by law to administer oaths that he or
  641  she will honestly, faithfully, and impartially perform his or
  642  her duties as a member of the governing body of the agency and
  643  that he or she will not neglect any duties imposed upon him or
  644  her by this part.
  645         (4) The agency may employ an executive secretary, an
  646  executive director, its own counsel and legal staff, technical
  647  experts, and such engineers and employees, permanent or
  648  temporary, as it may require and shall determine the
  649  qualifications and fix the compensation of such persons, firms,
  650  or corporations. The agency may employ a fiscal agent or agents;
  651  however, the agency must solicit sealed proposals from at least
  652  three persons, firms, or corporations for the performance of any
  653  services as fiscal agents. The agency may delegate to one or
  654  more of its agents or employees such authority as it deems
  655  necessary to carry out the purposes of this act, subject always
  656  to the supervision and control of the agency. Members of the
  657  agency may be removed from office by the Governor for
  658  misconduct, malfeasance, misfeasance, or nonfeasance in office.
  659         (5)The members of the agency are not entitled to
  660  compensation but are entitled to receive their travel and other
  661  necessary expenses as provided in s. 112.061.
  662         Section 17. Section 348.0305, Florida Statutes, is created
  663  to read:
  664         348.0305Ethics requirements-
  665         (1)Notwithstanding any other law to the contrary, members
  666  and employees of the agency are subject to part III of chapter
  667  112.
  668         (2)(a)A lobbyist, as defined in s. 112.3215, may not be
  669  appointed or serve as a member of the governing body of the
  670  agency.
  671         (b)A person may not be appointed to or serve as a member
  672  of the governing body of the agency if that person represents,
  673  or within the previous 4 years has represented, any client for
  674  compensation before the agency or the former Miami-Dade County
  675  Expressway Authority.
  676         (c)A person may not be appointed to or serve as a member
  677  of the governing body of the agency if that person represents,
  678  or within the previous 4 years has represented, any person or
  679  entity that is doing business, or in the previous 4 years has
  680  done business, with the agency or the former Miami-Dade County
  681  Expressway Authority.
  682         (3)A member or an employee of the agency, including
  683  employees of the former Miami-Dade County Expressway Authority,
  684  may not:
  685         (a)Personally represent another person or entity for
  686  compensation before the agency for a period of 2 years after
  687  vacating his or her position.
  688         (b)After retirement or termination of employment, have an
  689  employment or contractual relationship with a business entity
  690  other than an agency, as defined in s. 112.312, in connection
  691  with a contract in which the member or employee personally and
  692  substantially participated through decision, approval,
  693  disapproval, recommendation, rendering of advice, or
  694  investigation while he or she was a member or employee of the
  695  agency.
  696         (4)The agency’s general counsel shall serve as the
  697  agency’s ethics officer.
  698         (5)Agency members, employees, and consultants who hold
  699  positions that may influence agency decisions shall refrain from
  700  engaging in any relationship that may adversely affect their
  701  judgment in carrying out agency business. To prevent such
  702  conflicts of interest and preserve the integrity and
  703  transparency of the agency to the public, the following
  704  disclosures must be made annually on a disclosure form:
  705         (a)Any relationship that a member, employee, or consultant
  706  has which affords a current or future financial benefit to such
  707  board member, employee, or consultant, or to a relative or
  708  business associate of such member, employee, or consultant, and
  709  which a reasonable person would conclude has the potential to
  710  create a prohibited conflict of interest. As used in this
  711  section, the term “relative” has the same meaning as provided in
  712  s. 112.312.
  713         (b)Whether a relative of board member, employee, or
  714  consultant is a registered lobbyist and, if so, the names of
  715  such lobbyist’s clients. Such names shall be provided in writing
  716  to the ethics officer.
  717         (c)Any and all interests in real property that such
  718  member, employee, or consultant has, or that an immediate family
  719  member of such member, employee, or consultant has, if such real
  720  property is located in, or within a 1/2-mile radius of, any
  721  actual or prospective agency project. The executive director
  722  shall provide a corridor map and a property ownership list
  723  reflecting the ownership of all real property within the
  724  disclosure area, or an alignment map with a list of associated
  725  owners, to all members, employees, and consultants.
  726         (6)The disclosure forms filed as required under subsection
  727  (5) must be reviewed by the ethics officer or, if a form is
  728  filed by the ethics officer, by the executive director.
  729         (7)The conflict of interest policy must be stated in the
  730  agency’s code of ethics.
  731         (8)Agency employees and consultants are prohibited from
  732  serving on the governing body of the agency while employed by or
  733  under contract with the agency and for a period of 2 years
  734  following termination of employment or his or her consultant
  735  contract.
  736         (9)The code of ethics must be reviewed and updated by the
  737  ethics officer and presented for approval by the governing body
  738  of the agency at least once every 2 years.
  739         (10)Members and employees of the agency must be adequately
  740  informed and trained on the code of ethics of the agency and
  741  shall participate in ongoing ethics training.
  742         (11)The requirements of subsections (4)-(10) are in
  743  addition to the requirements imposed on the members and the
  744  employees of the agency under part III of chapter 112.
  745         (12)Violations of paragraphs (4), (6), and (9) are
  746  punishable as provided in s. 112.317.
  747         (13)A finding of a violation of this section or part III
  748  of chapter 112, or failure to comply within 90 days after
  749  receiving a notice of failure to comply with financial
  750  disclosure requirements pursuant to s. 112.3144, shall result in
  751  immediate termination by the agency.
  752         (14)In the event that part III of chapter 112 conflicts
  753  with this section, the stricter of the provisions prevails.
  754  Nothing herein prevents the agency from imposing ethics policies
  755  that are stricter than those imposed by this subsection or
  756  chapter 112.
  757         Section 18. Section 348.0306, Florida Statutes, is created
  758  to read:
  759         348.0306Purposes and powers.—
  760         (1)(a)The agency may acquire, hold, construct, improve,
  761  maintain, operate, and own an expressway system.
  762         (b)The agency, in the construction of an expressway
  763  system, shall construct expressways. Construction of an
  764  expressway system may be completed in segments, phases, or
  765  stages, in a manner that will permit their expansion to the
  766  desired expressway configuration. The agency, in the
  767  construction of an expressway system, may construct any
  768  extensions of, additions to, or improvements to, the expressway
  769  system or appurtenant facilities, including all necessary
  770  approaches, roads, bridges, and avenues of access, with such
  771  changes, modifications, or revisions of the project which are
  772  deemed desirable and proper. The agency may add additional
  773  expressways to an expressway system, under the terms and
  774  conditions set forth in this act, only with the prior express
  775  written consent of the board of county commissioners of the
  776  county and only if such additional expressways lack adequate
  777  committed funding for implementation, are financially feasible,
  778  and are compatible with the existing plans, projects, and
  779  programs of the agency.
  780         (2)The agency may exercise all rights and authority
  781  necessary, appurtenant, convenient, or incidental to the
  782  carrying out of its purposes, including, but not limited to, the
  783  following rights and authority:
  784         (a)To sue and be sued, implead and be impleaded, and
  785  complain and defend in all courts.
  786         (b)To adopt, use, and alter at will a corporate seal.
  787         (c)To acquire, purchase, hold, lease as lessee, and use
  788  any franchise or property, whether real, personal, or mixed and
  789  whether tangible or intangible, or any interest therein
  790  necessary or desirable for carrying out the purposes of the
  791  agency and to sell, lease as lessor, transfer, and dispose of
  792  any property or interest therein at any time acquired by it.
  793         (d)To enter into and make leases, either as lessee or as
  794  lessor, in order to carry out the right to lease as set forth in
  795  this act.
  796         (e)To fix, alter, charge, establish, and collect tolls,
  797  rates, fees, rentals, and other charges for the services and
  798  facilities system, which tolls, rates, fees, rentals, and other
  799  charges always must be sufficient to comply with any covenants
  800  made with the holders of any bonds secured by the net revenues
  801  of the expressway system, including any additions, extensions,
  802  or improvements thereof. However, such right and power may be
  803  assigned or delegated by the agency to the department.
  804         1.Notwithstanding any other law to the contrary, the
  805  agency may not increase its toll rates until July 1, 2029,
  806  including any increase to the extent necessary to adjust for
  807  inflation pursuant to the procedure for toll rate adjustments
  808  provided in s. 338.165, except as may be necessary to comply
  809  with covenants in the trust indentures or resolutions adopted in
  810  connection with the agency’s bonds secured by the net revenues
  811  of the expressway system.
  812         2.A toll rate increase must be approved by a two-thirds
  813  vote of the members of the governing body of the agency.
  814         3.The amount of toll revenues used for administrative
  815  costs by the agency may not exceed 10 percent above the annual
  816  state average of administrative costs determined as provided in
  817  this subparagraph. The Florida Transportation Commission shall
  818  determine the annual state average of administrative costs based
  819  on the annual administrative costs of all the expressway
  820  authorities in this state. For purposes of this subparagraph,
  821  administrative costs include, but are not limited to, employee
  822  salaries and benefits, small business outreach, insurance,
  823  professional service contracts not directly related to the
  824  operation and maintenance of the expressway system, and other
  825  overhead costs.
  826         4.There must be a distance of at least 5 miles between
  827  main through-lane tolling points. The distance requirement of
  828  this subparagraph does not apply to entry and exit ramps.
  829  However, the toll rates may be such that toll rates per mile are
  830  revenue neutral as compared to the toll rates of the former
  831  Miami-Dade County Expressway Authority as of July 1, 2019.
  832         (f)To borrow money, make and issue negotiable notes,
  833  bonds, refund bonds and other evidence of indebtedness of the
  834  agency, which bonds or other evidence of indebtedness may be
  835  issued pursuant to the State Bond Act or, in the alternative,
  836  pursuant to s. 348.0309(2), to finance or refinance additions,
  837  extensions, or improvements to the expressway system within the
  838  geographic boundaries of the agency, and to provide for the
  839  security of the bonds or other evidence of indebtedness and the
  840  rights and remedies of the holders of the bonds or other
  841  evidence of indebtedness. Any bonds or other evidence of
  842  indebtedness pledging the full faith and credit of the state may
  843  be issued only pursuant to the State Bond Act.
  844         1.The agency shall reimburse the county in which it exists
  845  for any sums expended from any county gasoline tax funds used
  846  for payment of such obligations. Any county gasoline tax funds
  847  so disbursed shall be repaid in accordance with the terms of any
  848  lease-purchase or interlocal agreement with any county or the
  849  department together with interest, at the rate agreed to in such
  850  agreement. Any county gasoline tax funds may not be more than a
  851  secondary pledge of revenues for repayment of any obligations
  852  issued pursuant to this part.
  853         2.The agency may refund any bonds previously issued, to
  854  the extent allowable by federal tax laws, to finance or
  855  refinance an expressway system located within the geographic
  856  boundaries of the agency regardless of whether the bonds being
  857  refunded were issued by such agency, an agency of the state, or
  858  a county.
  859         (g)To enter contracts and to execute all instruments
  860  necessary or convenient for the carrying on of its business.
  861  Notwithstanding any other provision of law to the contrary, the
  862  agency is subject to the procurement and contracting
  863  requirements applicable to the department contained in chapters
  864  287 and 337.
  865         (h)Without limitation of the foregoing, to borrow money
  866  and accept grants from, and to enter into contracts, leases, or
  867  other transactions with, any federal agency, the state, any
  868  agency of the state, county, or any other public body of the
  869  state.
  870         (i)To have the power of eminent domain, including the
  871  procedural powers granted under chapters 73 and 74.
  872         (j)To pledge, hypothecate, or otherwise encumber all or
  873  any part of the revenues, tolls, rates, fees, rentals, or other
  874  charges or receipts of the agency, including all or any portion
  875  of county gasoline tax funds received by the agency pursuant to
  876  the terms of any lease-purchase agreement between the agency and
  877  the department, as security for all or any of the obligations of
  878  the agency.
  879         (k)To do all acts and things necessary or convenient for
  880  the conduct of its business and the general welfare of the
  881  agency in order to carry out the powers granted to it by law.
  882         (3)Notwithstanding any other law to the contrary, the
  883  consent of any municipality is not necessary for any project of
  884  the agency, regardless of whether the project lies in whole or
  885  in part within the boundaries of the municipality, if the
  886  project is consistent with the locally adopted comprehensive
  887  plan. However, if a project is inconsistent with the affected
  888  municipal comprehensive plan, the project may not proceed
  889  without a hearing pursuant to ss. 120.569 and 120.57, at which
  890  it is determined that the project is consistent with the adopted
  891  metropolitan planning organization transportation improvement
  892  plan, if any, and the applicable strategic regional plan, and at
  893  which regional interests are determined to clearly override the
  894  interests of the municipality.
  895         (4)The use or pledge of all or any portion of county
  896  gasoline tax funds may not be made without the prior express
  897  written consent of the board of county commissioners of each
  898  county located within the geographic boundaries of the agency.
  899         (5)The agency shall comply with all statutory requirements
  900  of general application which relate to the filing of any report
  901  or documentation required by law, including the requirements of
  902  ss. 189.015, 189.016, 189.051, and 189.08.
  903         (6)Notwithstanding subsection (3) or any other law to the
  904  contrary, the agency may not undertake any construction that is
  905  not consistent with both the metropolitan planning
  906  organization’s transportation improvement program and the
  907  county’s comprehensive plan.
  908         (7)The agency may finance or refinance the planning,
  909  design, acquisition, construction, extension, rehabilitation,
  910  equipping, preservation, maintenance, or improvement of a public
  911  transportation facility or transportation facilities owned or
  912  operated by such county, an intermodal facility or facilities,
  913  multimodal corridor or corridors, including, but not limited to,
  914  bicycle facilities or greenways that will improve transportation
  915  services within the county, or any programs or projects that
  916  will improve the levels of service on an expressway system,
  917  subject to approval of the governing body of the county after
  918  public hearing.
  919         (8)The governing body of the county may enter into an
  920  interlocal agreement with the agency pursuant to s. 163.01, for
  921  the joint performance or performance by either governmental
  922  entity of any corporate function of the county or agency
  923  necessary or appropriate to enable the agency to fulfill the
  924  powers and purposes of this part and promote the efficient and
  925  effective transportation of persons and goods in such county.
  926         (9)The agency must have an annual financial audit
  927  conducted by an independent certified public accountant licensed
  928  pursuant to chapter 473, and the audit report must be made
  929  available on the agency’s website.
  930         Section 19. Section 348.0307, Florida Statutes, is created
  931  to read:
  932         348.0307Florida Sunshine Rebate Program-The Florida
  933  Sunshine Rebate Program is created within the agency. Subject to
  934  compliance with any covenants made with the holders of the
  935  agency’s bonds which are in the trust indentures or resolutions
  936  adopted in connection with the issuance of the agency’s bonds,
  937  the agency, at the time that any toll is incurred, shall provide
  938  a 25 percent rebate to all SunPass holders whose SunPass is
  939  registered to a motor vehicle registered in such county. An
  940  eligible SunPass holder must be automatically enrolled in such
  941  rebate program; however, the agency must be provided a mechanism
  942  to allow eligible SunPass holders to opt-out of the program. The
  943  agency may not impose additional requirements for receipt of the
  944  reduced toll amount.
  945         Section 20. Section 348.0308, Florida Statutes, is created
  946  to read:
  947         348.0308Public-private partnerships.-The Legislature
  948  declares that there is a public need for the rapid construction
  949  of safe and efficient transportation facilities for traveling
  950  within the state and that it is in the public’s interest to
  951  provide for public-private partnership agreements to effectuate
  952  the construction of additional safe, convenient, and economical
  953  transportation facilities.
  954         (1)The agency may receive or solicit proposals and enter
  955  into agreements with private entities, or consortia thereof, for
  956  the building, operation, ownership, or financing of agency
  957  transportation facilities or new transportation facilities
  958  within the jurisdiction of the agency which increase
  959  transportation capacity. An agency may not sell or lease any
  960  transportation facility owned by the agency without providing
  961  the analysis required in s. 334.30(6)(e)2. for review and
  962  approval by the Legislative Budget Commission created pursuant
  963  to s. 11.90 prior to awarding a contract on a lease of an
  964  existing toll facility. The agency is authorized to adopt rules
  965  to implement this section and shall establish by rule an
  966  application fee for the submission of unsolicited proposals
  967  under this section. The fee must be sufficient to pay the costs
  968  of evaluating the proposals. The agency may engage private
  969  consultants to assist in the evaluation. Before approval, the
  970  agency must determine that a proposed project:
  971         (a)Is in the public’s best interest.
  972         (b)Would not require state funds to be used unless the
  973  project is on, or provides increased mobility on, the State
  974  Highway System.
  975         (c)Would have adequate safeguards to ensure that no
  976  additional costs or service disruptions would be realized by the
  977  traveling public and residents of the state in the event of
  978  default or the cancellation of the agreement by the agency.
  979         (d)Would have adequate safeguards in place to ensure that
  980  the department, the agency, or the private entity has the
  981  opportunity to add capacity to the proposed project and other
  982  transportation facilities serving similar origins and
  983  destinations.
  984         (e)Would be owned by the agency upon completion or
  985  termination of the agreement.
  986         (2)The agency shall ensure that all reasonable costs to
  987  the state which are related to transportation facilities that
  988  are not part of the State Highway System are borne by the
  989  private entity. The agency shall also ensure that all reasonable
  990  costs to the state and substantially affected local governments
  991  and utilities related to the private transportation facility are
  992  borne by the private entity for transportation facilities that
  993  are owned by private entities. For projects on the State Highway
  994  System, the department may use state resources to participate in
  995  funding and financing the project as provided for under the
  996  department’s enabling legislation.
  997         (3)The agency may request proposals for public-private
  998  transportation projects or, if it receives an unsolicited
  999  proposal, must publish a notice in the Florida Administrative
 1000  Register and a newspaper of general circulation in the county in
 1001  which it is located at least once a week for 2 weeks, stating
 1002  that it has received the proposal and will accept, for 60 days
 1003  after the initial date of publication, other proposals for the
 1004  same project purpose. A copy of the notice must be mailed to
 1005  each local government in the affected areas. After the public
 1006  notification period has expired, the agency shall rank the
 1007  proposals in order of preference. In ranking the proposals, the
 1008  agency shall consider professional qualifications, general
 1009  business terms, innovative engineering or cost-reduction terms,
 1010  finance plans, and the need for state funds to deliver the
 1011  proposal. If the agency is not satisfied with the results of the
 1012  negotiations, it may, at its sole discretion, terminate
 1013  negotiations with the proposer. If these negotiations are
 1014  unsuccessful, the agency may go to the second and lower-ranked
 1015  firms, in order, using the same procedure. If only one proposal
 1016  is received, the agency may negotiate in good faith, and if it
 1017  is not satisfied with the results, may, at its sole discretion,
 1018  terminate negotiations with the proposer. The agency may, at its
 1019  discretion, reject all proposals at any point in the process up
 1020  to completion of a contract with the proposer.
 1021         (4)Agreements entered into pursuant to this section may
 1022  authorize the public-private entity to impose tolls or fares for
 1023  the use of the facility. However, the amount and use of toll or
 1024  fare revenues must be regulated by the agency to avoid
 1025  unreasonable costs to users of the facility.
 1026         (5)Each public-private transportation facility constructed
 1027  pursuant to this section shall comply with all requirements of
 1028  federal, state, and local laws; state, regional, and local
 1029  comprehensive plans; the agency’s rules, policies, procedures,
 1030  and standards for transportation facilities; and any other
 1031  conditions that the agency determines to be in the public’s best
 1032  interest.
 1033         (6)The agency may exercise any power possessed by it,
 1034  including eminent domain, to facilitate the development and
 1035  construction of transportation projects pursuant to this
 1036  section. The agency may pay all or part of the cost of operating
 1037  and maintaining the facility or may provide services to the
 1038  private entity for which it receives full or partial
 1039  reimbursement for services rendered.
 1040         (7)Except as herein provided, this section is not intended
 1041  to amend existing laws by granting additional powers to or
 1042  further restricting the governmental entities from regulating
 1043  and entering into cooperative arrangements with the private
 1044  sector for the planning, construction, and operation of
 1045  transportation facilities.
 1046         Section 21. Section 348.0309, Florida Statutes, is created
 1047  to read:
 1048         348.0309Bonds.—
 1049         (1)Bonds may be issued on behalf of the agency as provided
 1050  by the State Bond Act.
 1051         (2)(a)Pursuant to this part, the agency may issue bonds
 1052  that do not pledge the full faith and credit of the state in
 1053  such principal amount as, in the opinion of the agency, is
 1054  necessary to provide sufficient moneys for achieving its
 1055  corporate purposes.
 1056         (b)Such bonds, on original issuance or refunding, must be
 1057  authorized by resolution of the agency, after approval of the
 1058  issuance of the bonds at a public hearing, and may be either
 1059  term or serial bonds, must bear such date or dates, mature at
 1060  such time or times, bear interest at such rate or rates, be
 1061  payable semiannually, be in such denominations, be in such form,
 1062  either coupon or fully registered, shall carry such
 1063  registration, exchangeability and interchangeability privileges,
 1064  be payable in such medium of payment and at such place or
 1065  places, be subject to such terms of redemption and be entitled
 1066  to such priorities on the revenues, rates, fees, rentals, or
 1067  other charges or receipts of the agency including any county
 1068  gasoline tax funds received by an agency pursuant to the terms
 1069  of any interlocal or lease-purchase agreement between the agency
 1070  or a county, as such resolution or any resolution subsequent
 1071  thereto may provide. The bonds must be executed by such officers
 1072  as the agency determines under the requirements of s. 279.06.
 1073         (c)The bonds shall be sold by the agency at public sale by
 1074  competitive bid. However, if the agency, after receipt of a
 1075  written recommendation from a financial adviser, determines by
 1076  official action after public hearing by a two-thirds vote of all
 1077  voting members that a negotiated sale of the bonds is in the
 1078  best interest of the agency, the agency may negotiate for sale
 1079  of the bonds with the underwriter or underwriters designated by
 1080  the agency and the county in which the agency exists. The agency
 1081  shall provide specific findings in a resolution as to the
 1082  reasons requiring the negotiated sale, which resolution must
 1083  incorporate and have attached thereto the written recommendation
 1084  of the financial adviser required by this subsection.
 1085         (d)Any such resolution authorizing any bonds that do not
 1086  pledge the full faith and credit of the state may contain
 1087  provisions that are part of the contract with the holders of the
 1088  bonds, as the agency determines appropriate. In addition, the
 1089  agency may enter into trust indentures or other agreements with
 1090  its fiscal agent, or with any bank or trust company within or
 1091  without the state, as security for such bonds, and may, under
 1092  the agreements, assign and pledge the revenues, rates, fees,
 1093  rentals, tolls, or other charges or receipts of the agency,
 1094  including any county gasoline tax funds received by the agency.
 1095         (e)Any bonds issued pursuant to this part are negotiable
 1096  instruments and have all the qualities and incidents of
 1097  negotiable instruments under the law merchant and the negotiable
 1098  instruments law of the state.
 1099         (f)Each project, building, or facility that has been or
 1100  will be financed by the issuance of bonds or other evidence of
 1101  indebtedness and that does not pledge the full faith and credit
 1102  of the state under this part, and any refinancing thereof, is
 1103  subject to review and approval by the Legislative Budget
 1104  Commission.
 1105         Section 22. Section 348.0310, Florida Statutes, is created
 1106  to read:
 1107         348.0310Department may be appointed agent of agency for
 1108  construction.—The department may be appointed by the agency as
 1109  its agent for the purpose of constructing improvements and
 1110  extensions to an expressway system and for the completion
 1111  thereof. In such event, the agency shall provide the department
 1112  with complete copies of all documents, agreements, resolutions,
 1113  contracts, and instruments relating thereto; shall request the
 1114  department to do such construction work, including the planning,
 1115  surveying, and actual construction of the completion,
 1116  extensions, and improvements to the expressway system; and shall
 1117  transfer to the credit of an account of the department in the
 1118  State Treasury the funds therefor. The department then shall
 1119  proceed with such construction and use the funds for such
 1120  purpose in the same manner as it is now authorized to use the
 1121  funds otherwise provided by law for its use in the construction
 1122  of roads and bridges.
 1123         Section 23. Section 348.0311, Florida Statutes, is created
 1124  to read:
 1125         348.0311Acquisition of lands and property.—
 1126         (1)For the purposes of this act, the agency may acquire
 1127  such rights, title, or interest in private or public property
 1128  and such property rights, including easements, rights of access,
 1129  air, view, and light, by gift, devise, purchase, or condemnation
 1130  by eminent domain proceedings, as the agency may deem necessary
 1131  for any of the purposes of this act, including, but not limited
 1132  to, any lands reasonably necessary for securing applicable
 1133  permits, areas necessary for management of access, borrow pits,
 1134  drainage ditches, water retention areas, rest areas, replacement
 1135  access for landowners whose access is impaired due to the
 1136  construction of an expressway system, and replacement rights-of
 1137  way for relocated rail and utility facilities; for existing,
 1138  proposed, or anticipated transportation facilities on the
 1139  expressway system or in a transportation corridor designated by
 1140  the agency; or for the purposes of screening, relocation,
 1141  removal, or disposal of junkyards and scrap metal processing
 1142  facilities. The agency also may condemn any material and
 1143  property necessary for such purposes.
 1144         (2)The agency and its authorized agents, contractors, and
 1145  employees may enter upon any lands, waters, and premises, upon
 1146  giving reasonable notice to the landowner, for the purpose of
 1147  making surveys, soundings, drillings, appraisals, environmental
 1148  assessments including phase I and phase II environmental
 1149  surveys, archaeological assessments, and such other examinations
 1150  as are necessary for the acquisition of private or public
 1151  property and property rights, including rights of access, air,
 1152  view, and light, by gift, devise, purchase, or condemnation by
 1153  eminent domain proceedings or as are necessary for the agency to
 1154  perform its duties and functions; and any such entry shall not
 1155  be deemed a trespass or an entry that would constitute a taking
 1156  in an eminent domain proceeding. The agency shall make
 1157  reimbursement for any actual damage to such lands, water, and
 1158  premises as a result of such activities. Any entry authorized by
 1159  this subsection shall be in compliance with the premises
 1160  protections and landowner liability provisions contained in s.
 1161  472.029.
 1162         (3)The right of eminent domain conferred by this act must
 1163  be exercised by the agency in the manner provided by law.
 1164         (4)When an agency acquires property for an expressway
 1165  system or in a transportation corridor as defined in s. 334.03,
 1166  it is not subject to any liability imposed by chapter 376 or
 1167  chapter 403 for preexisting soil or groundwater contamination
 1168  due solely to its ownership. This subsection does not affect the
 1169  rights or liabilities of any past or future owners of the
 1170  acquired property nor does it affect the liability of any
 1171  governmental entity for the results of its actions which create
 1172  or exacerbate a pollution source. The agency and the Department
 1173  of Environmental Protection may enter into interagency
 1174  agreements for the performance, funding, and reimbursement of
 1175  the investigative and remedial acts necessary for property
 1176  acquired by the agency.
 1177         Section 24. Section 348.0312, Florida Statutes, is created
 1178  to read:
 1179         348.0312Cooperation with other units, boards, agencies,
 1180  and individuals.—Express authority and power is given and
 1181  granted to any county, municipality, drainage district, road and
 1182  bridge district, school district, or other political
 1183  subdivision, board, commission, or individual in or of this
 1184  state to enter into contracts, leases, conveyances, or other
 1185  agreements with the agency within the provisions and purposes of
 1186  this part. For the purposes of implementing and administering
 1187  this part, the agency may enter into contracts, leases,
 1188  conveyances, and other agreements with any political
 1189  subdivision, agency, or instrumentality of the state and any and
 1190  all federal agencies, corporations, and individuals, to the
 1191  extent consistent with chapters 334, 335, 338, and 339 and other
 1192  law and with 23 U.S.C. ss. 101 et seq.
 1193         Section 25. Section 348.0313, Florida Statutes, is created
 1194  to read:
 1195         348.0313Covenant of the state.—The state hereby pledges
 1196  to, and agrees with, any person, firm, corporation, or federal
 1197  or state agency subscribing to or acquiring the bonds to be
 1198  issued by the agency for the purposes of this part that the
 1199  state will not limit or alter the rights hereby vested in the
 1200  agency and the department until all bonds at any time issued,
 1201  together with the interest thereon, are fully paid and
 1202  discharged, insofar as the same affects the rights of the
 1203  holders of bonds issued hereunder. The state does further pledge
 1204  to, and agrees with, the United States that, in the event any
 1205  federal agency constructs, or contributes any funds for the
 1206  completion, extension, or improvement of an expressway system or
 1207  any part or portion thereof, the state will not alter or limit
 1208  the rights and powers of the agency and the department in a
 1209  manner that would be inconsistent with the continued maintenance
 1210  and operation of the expressway system or the completion,
 1211  extension, or improvement thereof, or that would be inconsistent
 1212  with the due performance of any agreement between the agency and
 1213  any such federal agency, and the agency and the department shall
 1214  continue to have and may exercise all powers granted so long as
 1215  necessary or desirable for carrying out the purposes of this act
 1216  and the purposes of the United States in the completion,
 1217  extension, or improvement of the expressway system or any part
 1218  or portion thereof.
 1219         Section 26. Section 348.0314, Florida Statutes, is created
 1220  to read:
 1221         348.0314Exemption from taxation.—The effectuation of the
 1222  authorized purposes of the agency is in all respects for the
 1223  benefit of the people of this state, for the increase of their
 1224  commerce and prosperity, and for the improvement of their health
 1225  and living conditions. Therefore, the agency is not required to
 1226  pay any taxes or assessments of any kind upon any property
 1227  acquired by it or used by it for such purposes or upon any
 1228  revenues at any time received by it. The bonds issued by or on
 1229  behalf of the agency, their transfer, and the income therefrom,
 1230  including any profits made on the sale thereof, are exempt from
 1231  taxation of any kind by the state or by any political
 1232  subdivision or other taxing agency or instrumentality thereof.
 1233  The exemption granted by this section does not apply to any tax
 1234  imposed under chapter 220 on interest, income, or profits on
 1235  debt obligations owned by corporations.
 1236         Section 27. Section 348.0315, Florida Statutes, is created
 1237  to read:
 1238         348.0315Public accountability.—
 1239         (1)The agency shall post the following information on its
 1240  website:
 1241         (a)Audited financial statements and any interim financial
 1242  reports.
 1243         (b)Board and committee meeting agendas, meeting packets,
 1244  and minutes.
 1245         (c)Bond covenants for any outstanding bond issues.
 1246         (d)Agency budgets.
 1247         (e)Agency contracts. For purposes of this paragraph, the
 1248  term “contract” means a written agreement or purchase order
 1249  issued for the purchase of goods or services or a written
 1250  agreement for the receipt of state or federal financial
 1251  assistance.
 1252         (f)Agency expenditure data, which must include the name of
 1253  the payee, the date of the expenditure, and the amount of the
 1254  expenditure. Such data must be searchable by name of the payee,
 1255  name of the paying agency, and fiscal year and must be
 1256  downloadable in a format that allows offline analysis.
 1257         (g)Information relating to current, recently completed,
 1258  and future projects on authority facilities.
 1259         (2)Beginning October 1, 2020, and annually thereafter, the
 1260  agency shall submit to the board of county commissioners of the
 1261  county and the metropolitan planning organization for that
 1262  county a report providing information regarding the amount of
 1263  tolls collected and how those tolls were used in the authority’s
 1264  previous fiscal year. The report shall be posted on the agency’s
 1265  website.
 1266         Section 28. Section 348.0316, Florida Statutes, is created
 1267  to read:
 1268         348.0316Eligibility for investments and security.—Any
 1269  bonds or other obligations issued pursuant to this part are and
 1270  constitute legal investments for banks, savings banks, trustees,
 1271  executors, administrators, and all other fiduciaries, and for
 1272  all state, municipal and other public funds and also are and
 1273  constitute securities eligible for deposit as security for all
 1274  state, municipal, or other public funds, notwithstanding any
 1275  other law to the contrary.
 1276         Section 29. Section 348.0317, Florida Statutes, is created
 1277  to read:
 1278         348.0317Pledges enforceable by bondholders.—It is the
 1279  express intention of this part that any pledge by the department
 1280  of rates, fees, revenues, county gasoline tax funds or other
 1281  funds, as rentals, to the agency, or any covenants or agreements
 1282  relative thereto, are enforceable in any court of competent
 1283  jurisdiction against the agency or directly against the
 1284  department by any holder of bonds issued by agency.
 1285         Section 30. Section 348.0318, Florida Statutes, is created
 1286  to read:
 1287         348.0318Additional authority.—
 1288         (1)The powers conferred by this part are in addition and
 1289  supplemental to the existing powers of the board and the
 1290  department, and this part may not be construed as repealing any
 1291  of the provisions, of any other law, general, special, or local,
 1292  but to supersede such other laws in the exercise of the powers
 1293  provided in this part, and to provide a complete method for the
 1294  exercise of the powers granted in this part. The extension and
 1295  improvement of the expressway system, and the issuance of bonds
 1296  pursuant to this part to finance all or part of the cost of the
 1297  system, may be accomplished upon compliance with this part
 1298  without regard to or necessity for compliance with the
 1299  provisions, limitations, or restrictions contained in any other
 1300  general, special, or local law, including, but not limited to,
 1301  s. 215.821, and no approval of any bonds issued under this part
 1302  by the qualified electors or qualified electors who are
 1303  freeholders in the state or in Miami-Dade County, or in any
 1304  other political subdivision of the state, is required for the
 1305  issuance of such bonds pursuant to this part, including, but not
 1306  limited to s. 215.821.
 1307         (2)This part does not repeal, rescind, or modify any other
 1308  law relating to the State Board of Administration, the
 1309  Department of Transportation, or the Division of Bond Finance of
 1310  the State Board of Administration, but supersedes any law that
 1311  is inconsistent with this part, including, but not limited to,
 1312  s. 215.821.
 1313         Section 31. (1)Effective upon this act becoming a law, the
 1314  governance and control of the Miami-Dade County Expressway
 1315  Authority is transferred to the Greater Miami Expressway Agency
 1316  pursuant to the terms of this section. The assets, facilities,
 1317  tangible and intangible property and any rights in such
 1318  property, and any other legal rights of the authority, including
 1319  the expressway system operated by the authority, are transferred
 1320  to the agency. The agency succeeds to all powers of the
 1321  authority, and the operations and maintenance of the expressway
 1322  system is under the control of the agency. Revenues collected on
 1323  the expressway system are considered agency revenues but are
 1324  subject to the lien of the trust indentures securing the Miami
 1325  Dade County Expressway Authority bonds. The agency also assumes
 1326  all liability for bonds of the authority pursuant to subsection
 1327  (2) and the satisfaction of any judgment against the authority
 1328  that may ultimately become due as a result of litigation
 1329  commenced prior to the effective date of this act. The agency
 1330  shall, in consultation with the Division of Bond Finance, review
 1331  all other contracts, financial obligations, and contractual
 1332  relationships and liabilities of the authority, and the agency
 1333  may assume responsibility for the obligations that are
 1334  determined to be necessary or desirable for the continued
 1335  operation of the expressway system. Employees, officers, and
 1336  members of the authority may not sell, dispose, encumber,
 1337  transfer, or expend the assets of the authority as existed and
 1338  reflected in the authority’s financial statements for the fiscal
 1339  year ended June 30, 2018, other than in the ordinary course of
 1340  business. For purposes of this section, incurring debt or
 1341  issuing bonds for projects contained in the 5-year work program
 1342  approved and adopted by the authority on December 5, 2018, is
 1343  not considered the ordinary course of business. Notwithstanding
 1344  the foregoing, this part does not prevent the authority from
 1345  designing and planning projects contained in the 5-year work
 1346  program approved and adopted by the authority on December 5,
 1347  2018.
 1348         (2)The transfer pursuant to this section is subject to all
 1349  terms and covenants provided for the protection of the holders
 1350  of the Miami-Dade County Expressway Authority bonds in the trust
 1351  indentures or resolutions adopted in connection with the
 1352  issuance of such bonds. Further, the transfer does not impair
 1353  the terms of the contract between the authority and the
 1354  bondholders, does not act to the detriment of the bondholders,
 1355  and does not diminish the security for the bonds. After the
 1356  transfer, the agency shall operate and maintain the expressway
 1357  system and any other facilities of the authority in accordance
 1358  with the terms, conditions, and covenants contained in the trust
 1359  indentures or bond resolutions securing such bonds. The agency
 1360  shall collect toll revenues and apply them to the payment of
 1361  debt service as provided in the trust indentures or bond
 1362  resolutions securing such bonds and expressly assumes all
 1363  obligations relating to the bonds to ensure that the transfer of
 1364  the authority will not have any adverse impact on the security
 1365  for the bonds of the authority.
 1366         Section 32. The Miami-Dade County Expressway Authority is
 1367  dissolved.
 1368         Section 33. Section 348.635, Florida Statutes, is created
 1369  to read:
 1370         348.635Public-private partnership.—The Legislature
 1371  declares that there is a public need for the rapid construction
 1372  of safe and efficient transportation facilities for traveling
 1373  within the state and that it is in the public’s interest to
 1374  provide for public-private partnership agreements to effectuate
 1375  the construction of additional safe, convenient, and economical
 1376  transportation facilities.
 1377         (1)Notwithstanding any other provision of this part, the
 1378  authority may receive or solicit proposals and enter into
 1379  agreements with private entities, or consortia thereof, for the
 1380  building, operation, ownership, or financing of authority
 1381  transportation facilities or new transportation facilities
 1382  within the jurisdiction of the authority which increase
 1383  transportation capacity. The authority may not sell or lease any
 1384  transportation facility owned by the authority without providing
 1385  the analysis required in s. 334.30(6)(e)2. to the Legislative
 1386  Budget Commission created pursuant to s. 11.90 for review and
 1387  approval before awarding a contract on a lease of an existing
 1388  toll facility. The authority may adopt rules to implement this
 1389  section and shall establish by rule an application fee for the
 1390  submission of unsolicited proposals under this section. The fee
 1391  must be sufficient to pay the costs of evaluating the proposals.
 1392  The authority may engage private consultants to assist in the
 1393  evaluation. Before approval, the authority must determine that a
 1394  proposed project:
 1395         (a)Is in the public’s best interest.
 1396         (b)Would not require state funds to be used unless the
 1397  project is on or provides increased mobility on the State
 1398  Highway System.
 1399         (c)Would have adequate safeguards to ensure that no
 1400  additional costs or service disruptions would be realized by the
 1401  traveling public and residents of the state in the event of
 1402  default or the cancellation of the agreement by the authority.
 1403         (d)Would have adequate safeguards in place to ensure that
 1404  the department, the authority, or the private entity has the
 1405  opportunity to add capacity to the proposed project and other
 1406  transportation facilities serving similar origins and
 1407  destinations.
 1408         (e)Would be owned by the authority upon completion or
 1409  termination of the agreement.
 1410         (2)The authority shall ensure that all reasonable costs to
 1411  the state which are related to transportation facilities that
 1412  are not part of the State Highway System are borne by the
 1413  private entity. The authority also shall ensure that all
 1414  reasonable costs to the state and substantially affected local
 1415  governments and utilities related to the private transportation
 1416  facility are borne by the private entity for transportation
 1417  facilities that are owned by private entities. For projects on
 1418  the State Highway System, the department may use state resources
 1419  to participate in funding and financing the project as provided
 1420  for under the department’s enabling legislation.
 1421         (3)The authority may request proposals for public-private
 1422  transportation projects or, if it receives an unsolicited
 1423  proposal, it must publish a notice in the Florida Administrative
 1424  Register and a newspaper of general circulation in the county in
 1425  which it is located at least once a week for 2 weeks stating
 1426  that it has received the proposal and will accept, for 60 days
 1427  after the initial date of publication, other proposals for the
 1428  same project purpose. A copy of the notice must be mailed to
 1429  each local government in the affected areas. After the public
 1430  notification period has expired, the authority shall rank the
 1431  proposals in order of preference. In ranking the proposals, the
 1432  authority shall consider professional qualifications, general
 1433  business terms, innovative engineering or cost-reduction terms,
 1434  finance plans, and the need for state funds to deliver the
 1435  proposal. If the authority is not satisfied with the results of
 1436  the negotiations, it may, at its discretion, terminate
 1437  negotiations with the proposer. If these negotiations are
 1438  unsuccessful, the authority may go to the second and lower
 1439  ranked firms, in order, using the same procedure. If only one
 1440  proposal is received, the authority may negotiate in good faith,
 1441  and, if it is not satisfied with the results, may, at its sole
 1442  discretion, terminate negotiations with the proposer. The
 1443  authority may, at its discretion, reject all proposals at any
 1444  point in the process up to completion of a contract with the
 1445  proposer.
 1446         (4)Agreements entered into pursuant to this section may
 1447  authorize the public-private entity to impose tolls or fares for
 1448  the use of the facility. However, the amount and use of toll or
 1449  fare revenues must be regulated by the authority to avoid
 1450  unreasonable costs to users of the facility.
 1451         (5)Each public-private transportation facility constructed
 1452  pursuant to this section shall comply with all requirements of
 1453  federal, state, and local laws; state, regional, and local
 1454  comprehensive plans; the authority’s rules, policies,
 1455  procedures, and standards for transportation facilities; and any
 1456  other conditions that the authority determines to be in the
 1457  public’s best interest.
 1458         (6)The authority may exercise any power possessed by it,
 1459  including eminent domain, to facilitate the development and
 1460  construction of transportation projects pursuant to this
 1461  section. The authority may pay all or part of the cost of
 1462  operating and maintaining the facility or may provide services
 1463  to the private entity for which it receives full or partial
 1464  reimbursement for services rendered.
 1465         (7)Except as herein provided, this section is not intended
 1466  to amend existing laws by granting additional powers to or
 1467  further restricting the governmental entities from regulating
 1468  and entering into cooperative arrangements with the private
 1469  sector for the planning, construction, and operation of
 1470  transportation facilities.
 1471         Section 34. Section 348.7605, Florida Statutes, is created
 1472  to read:
 1473         348.7605Public-private partnership.—The Legislature
 1474  declares that there is a public need for the rapid construction
 1475  of safe and efficient transportation facilities for traveling
 1476  within the state and that it is in the public’s interest to
 1477  provide for public-private partnership agreements to effectuate
 1478  the construction of additional safe, convenient, and economical
 1479  transportation facilities.
 1480         (1)Notwithstanding any other provision of this part, the
 1481  authority may receive or solicit proposals and enter into
 1482  agreements with private entities, or consortia thereof, for the
 1483  building, operation, ownership, or financing of authority
 1484  transportation facilities or new transportation facilities
 1485  within the jurisdiction of the authority which increase
 1486  transportation capacity. The authority may not sell or lease any
 1487  transportation facility owned by the authority without providing
 1488  the analysis required in s. 334.30(6)(e)2. to the Legislative
 1489  Budget Commission created pursuant to s. 11.90 for review and
 1490  approval before awarding a contract on a lease of an existing
 1491  toll facility. The authority may adopt rules to implement this
 1492  section and shall, by rule, establish an application fee for the
 1493  submission of unsolicited proposals under this section. The fee
 1494  must be sufficient to pay the costs of evaluating the proposals.
 1495  The authority may engage private consultants to assist in the
 1496  evaluation. Before approval, the authority must determine that a
 1497  proposed project:
 1498         (a)Is in the public’s best interest.
 1499         (b)Would not require state funds to be used unless the
 1500  project is on or provides increased mobility on the State
 1501  Highway System.
 1502         (c)Would have adequate safeguards to ensure that no
 1503  additional costs or service disruptions would be realized by the
 1504  traveling public and residents of the state in the event of
 1505  default or the cancellation of the agreement by the authority.
 1506         (d)Would have adequate safeguards in place to ensure that
 1507  the department, the authority, or the private entity has the
 1508  opportunity to add capacity to the proposed project and other
 1509  transportation facilities serving similar origins and
 1510  destinations.
 1511         (e)Would be owned by the authority upon completion or
 1512  termination of the agreement.
 1513         (2)The authority shall ensure that all reasonable costs to
 1514  the state which are related to transportation facilities that
 1515  are not part of the State Highway System are borne by the
 1516  private entity. The authority shall also ensure that all
 1517  reasonable costs to the state and substantially affected local
 1518  governments and utilities related to the private transportation
 1519  facility are borne by the private entity for transportation
 1520  facilities that are owned by private entities. For projects on
 1521  the State Highway System, the department may use state resources
 1522  to participate in funding and financing the project as provided
 1523  for under the department’s enabling legislation.
 1524         (3)The authority may request proposals for public-private
 1525  transportation projects or, if it receives an unsolicited
 1526  proposal, it must publish a notice in the Florida Administrative
 1527  Register and a newspaper of general circulation in the county in
 1528  which it is located at least once a week for 2 weeks stating
 1529  that it has received the proposal and will accept, for 60 days
 1530  after the initial date of publication, other proposals for the
 1531  same project purpose. A copy of the notice must be mailed to
 1532  each local government in the affected areas. After the public
 1533  notification period has expired, the authority shall rank the
 1534  proposals in order of preference. In ranking the proposals, the
 1535  authority shall consider professional qualifications, general
 1536  business terms, innovative engineering or cost-reduction terms,
 1537  finance plans, and the need for state funds to deliver the
 1538  proposal. If the authority is not satisfied with the results of
 1539  the negotiations, it may, at its sole discretion, terminate
 1540  negotiations with the proposer. If these negotiations are
 1541  unsuccessful, the authority may go to the second and lower
 1542  ranked firms, in order, using the same procedure. If only one
 1543  proposal is received, the authority may negotiate in good faith,
 1544  and if it is not satisfied with the results, it may, at its sole
 1545  discretion, terminate negotiations with the proposer. The
 1546  authority may, at its discretion, reject all proposals at any
 1547  point in the process up to completion of a contract with the
 1548  proposer.
 1549         (4)Agreements entered into pursuant to this section may
 1550  authorize the public-private entity to impose tolls or fares for
 1551  the use of the facility. However, the amount and use of toll or
 1552  fare revenues shall be regulated by the authority to avoid
 1553  unreasonable costs to users of the facility.
 1554         (5)Each public-private transportation facility constructed
 1555  pursuant to this section shall comply with all requirements of
 1556  federal, state, and local laws; state, regional, and local
 1557  comprehensive plans; the authority’s rules, policies,
 1558  procedures, and standards for transportation facilities; and any
 1559  other conditions that the authority determines to be in the
 1560  public’s best interest.
 1561         (6)The authority may exercise any power possessed by it,
 1562  including eminent domain, to facilitate the development and
 1563  construction of transportation projects pursuant to this
 1564  section. The authority may pay all or part of the cost of
 1565  operating and maintaining the facility or may provide services
 1566  to the private entity for which it receives full or partial
 1567  reimbursement for services rendered.
 1568         (7)Except as herein provided, this section is not intended
 1569  to amend existing laws by granting additional powers to or
 1570  further restricting the governmental entities from regulating
 1571  and entering into cooperative arrangements with the private
 1572  sector for the planning, construction, and operation of
 1573  transportation facilities.
 1574         Section 35. Pursuant to section 20 of chapter 2014-171,
 1575  Laws of Florida, part V of chapter 348, Florida Statutes,
 1576  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
 1577  348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and
 1578  348.9961, is repealed.
 1579         Section 36. The Office of Program Policy Analysis and
 1580  Government Accountability shall conduct a feasibility analysis
 1581  of the Florida Turnpike Enterprise conducting a rebate program
 1582  for SunPass users. The office shall submit a report of its
 1583  finding and recommendations to the Governor, the President of
 1584  the Senate, and the Speaker of the House of Representatives no
 1585  later than December 1, 2019.
 1586         Section 37. Except as otherwise expressly provided in this
 1587  act and except for this section, which shall take effect upon
 1588  this act becoming a law, this act shall take effect July 1,
 1589  2019.