CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Russell and Johnson offered the following:
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13 Amendment to Amendment (164394) (with title amendment)
14 On page 1, line 18, through page 13, line 14,
15 remove: all of said lines
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17 and insert:
18 Section 1. Enrique Valledor Way designated; Department
19 of Transportation to erect suitable markers.--
20 (1) That portion of 22nd Street from 16th Avenue to
21 14th Avenue in the City of Miami in Miami-Dade County is
22 hereby designated as "Enrique Valledor Way."
23 (2) The Department of Transportation is directed to
24 erect suitable markers designating Enrique Valledor Way as
25 described in subsection (1).
26 Section 2. (1) The new Rose Bay bridges on U.S.
27 Highway 1, between the Cities of New Smyrna Beach and Port
28 Orange, are dedicated in honor of United States military
29 personnel who were prisoners of war (POW's) or who are missing
30 in action (MIA's).
31 (2) The Department of Transportation is directed to
1
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 erect suitable markers designating the dedication in honor of
2 POW's and MIA's.
3 Section 3. (1) That portion of I-275 which begins at
4 the Pinellas County end of the Howard Franklin Bridge and,
5 proceeding south, ends at the beginning of the Sunshine Skyway
6 Bridge is designated as the "St. Petersburg Parkway."
7 (2) The Department of Transportation is directed to
8 erect suitable markers designating the "St. Petersburg
9 Parkway" as described in subsection (1).
10 Section 4. "Bureau of Alcohol, Tobacco and Firearms
11 Special Agent Ariel Rios Memorial Way."--
12 (1) Northwest 87th Avenue in Miami-Dade County from
13 N.W. 41st Street to N.W. 52nd Street is designated "Bureau of
14 Alcohol, Tobacco and Firearms Special Agent Ariel Rios
15 Memorial Way".
16 (2) The Department of Transportation is directed to
17 erect suitable markers.
18 Section 5. "Bureau of Alcohol, Tobacco and Firearms
19 Special Agent Eddie Benitez Memorial Way."--
20 (1) Northwest 87th Avenue in Miami-Dade County from
21 N.W. 52nd Street to N.W. 58th Street is designated "Bureau of
22 Alcohol, Tobacco and Firearms Special Agent Eddie Benitez
23 Memorial Way".
24 (2) The Department of Transportation is directed to
25 erect suitable markers.
26 Section 6. Temple Terrace Parkway.--
27 (1) Notwithstanding section 334.071, Florida Statutes,
28 and chapter 67-789, Laws of Florida, State Road 580 within the
29 city limits of Temple Terrace, from the intersection of Busch
30 Boulevard and Overlook Drive through 56th Street, is renamed
31 "Temple Terrace Parkway."
2
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) The Department of Transportation is directed to
2 erect suitable street signs indicating that the portion of
3 State Road 580 described in subsection (1) has been officially
4 renamed "Temple Terrace Parkway."
5 Section 7. Martin L. King, Jr., Drive designated;
6 Department of Transportation to erect suitable markers.--
7 (1) That portion of State Road 50 from Ocoee to State
8 Road 436 in Orange County is hereby designated as Martin L.
9 King, Jr., Drive.
10 (2) The Department of Transportation is hereby
11 directed to erect suitable markers designating Martin L. King,
12 Jr., Drive as described in subsection 1.
13 Section 8. "Judge Steve Levine Boulevard" designated;
14 Department of Transportation to erect suitable markers.--
15 (1) That portion of U.S. 1 between S.W. 216 Street and
16 S.W. 232 Street in Miami-Dade County is hereby designated as
17 Judge Steve Levine Boulevard.
18 (2) The Department of Transportation is directed to
19 erect suitable markers designating Judge Steve Levine
20 Boulevard as described in subsection (1).
21 Section 9. Mamie Langdale Memorial Bridge designation;
22 markers.--
23 (1) The new U.S. Highway 27 bridge in the City of
24 Moore Haven in Glades County is hereby designated as the
25 "Mamie Langdale Memorial Bridge."
26 (2) The Department of Transportation is directed to
27 erect suitable markers designating the "Mamie Langdale
28 Memorial Bridge" as described in subsection (1).
29 Section 10. Veterans Memorial Bridge designation;
30 markers.--
31 (1) Bridge number 550122 on Thomasville Road in the
3
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 City of Tallahassee in Leon County is hereby designated as the
2 "Veterans Memorial Bridge."
3 (2) The Department of Transportation is directed to
4 erect suitable markers designating the "Veterans Memorial
5 Bridge" as described in subsection (1).
6 Section 11. Doyle Parker Memorial Highway designation;
7 markers.--
8 (1) U.S. Highway 17 from Wauchula to Bowling Green is
9 hereby designated as the "Doyle Parker Memorial Highway."
10 (2) The Department of Transportation is directed to
11 erect suitable markers designating the "Doyle Parker Memorial
12 Highway" as described in subsection (1).
13 Section 12. Lynn Haven Parkway designation; markers.--
14 (1) That portion of State Road 77 between Baldwin Road
15 and Mowat School Road in the City of Lynn Haven in Bay County
16 is hereby designated as the "Lynn Haven Parkway."
17 (2) The Department of Transportation is directed to
18 erect suitable markers designating the "Lynn Haven Parkway" as
19 described in subsection (1).
20 Section 13. John S. "Steve" Dennard Bridge
21 designation; markers.--
22 (1) The New River Bridge (bridge number 390031) on
23 State Road 16 in Bradford and Union Counties is hereby
24 designated as the "John S. 'Steve' Dennard Bridge."
25 (2) The Department of Transportation is directed to
26 erect suitable markers designating the "John S. 'Steve'
27 Dennard Bridge" as described in subsection (1).
28 Section 14. Ed Fraser Memorial Highway designation;
29 markers.--
30 (1) State Road 121, from the Georgia-Florida line in
31 Baker County to the city limits of Lake Butler in Union
4
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 County, is hereby designated as the "Ed Fraser Memorial
2 Highway."
3 (2) The Department of Transportation is directed to
4 erect suitable markers designating the "Ed Fraser Memorial
5 Highway" as described in subsection (1).
6 Section 15. Correctional Officers Memorial Highway
7 designation; markers.--
8 (1) That portion of State Road 16 from the
9 northwestern city limits of Starke in Bradford County to State
10 Road 121 in Union County is hereby designated as the
11 "Correctional Officers Memorial Highway."
12 (2) The Department of Transportation is directed to
13 erect suitable markers designating the "Correctional Officers
14 Memorial Highway" as described in subsection (1).
15 Section 16. Martin Luther King, Jr., Memorial Highway
16 designation; markers.--
17 (1) That portion of U.S. Highway 41 located in White
18 Springs in Hamilton County is hereby designated as the "Martin
19 Luther King, Jr., Memorial Highway."
20 (2) The Department of Transportation is directed to
21 erect suitable markers designating the "Martin Luther King,
22 Jr., Memorial Highway" as described in subsection (1).
23 Section 17. Purple Heart Memorial Highway designation;
24 markers.--
25 (1) Interstate 75 from the Georgia-Florida state line
26 to the city limits of Ocala in Marion County is hereby
27 designated as the "Purple Heart Memorial Highway."
28 (2) The Department of Transportation is directed to
29 erect suitable markers designating the "Purple Heart Memorial
30 Highway" as described in subsection (1).
31 Section 18. Korean War Veterans Memorial Highway
5
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 designation; markers.--
2 (1) Highway 417 in Seminole County is hereby
3 designated as the "Korean War Veterans Memorial Highway."
4 (2) The Department of Transportation is directed to
5 erect suitable markers designating the "Korean War Veterans
6 Memorial Highway" as described in subsection (1).
7 Section 19. Jerome A. Williams Memorial Highway
8 designation; markers.--
9 (1) That portion of U.S. Highway 17 from Crescent City
10 south to the Putnam/Volusia County boundary is hereby
11 designated as the "Jerome A. Williams Memorial Highway."
12 (2) The Department of Transportation is directed to
13 erect suitable markers designating the "Jerome A. Williams
14 Memorial Highway" as described in subsection (1).
15 Section 20. "Veterans Memorial Highway" designation;
16 markers.--
17 (1) That portion of State Road 100, beginning at the
18 western city limits of the Town of Flagler Beach in Flagler
19 County and continuing east to the eastern city limits of the
20 Town of Bunnell, is hereby designated as the "Veterans
21 Memorial Highway."
22 (2) The Department of Transportation is directed to
23 erect suitable markers designating the "Veterans Memorial
24 Highway" as described in subsection (1).
25 Section 21. Private Robert M. McTureous, Jr.,
26 U.S.M.C., Medal of Honor Memorial Highway designated.--
27 (1) That portion of State Road 19 in Lake County from
28 the north end of Lake County to the intersection of State Road
29 19 and Highway 441 in Eustis is hereby designated as the
30 "Private Robert M. McTureous, Jr., U.S.M.C., Medal of Honor
31 Memorial Highway."
6
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) The Department of Transportation is directed to
2 erect suitable markers designating the Private Robert M.
3 McTureous, Jr., U.S.M.C., Medal of Honor Memorial Highway as
4 described in subsection (1).
5 Section 22. "Steven Cranman Boulevard" and "Ethel
6 Beckford Boulevard" designated; Department of Transportation
7 to erect suitable markers.--
8 (1) That portion of U.S. 1 between S.W. 136th Street
9 and S.W. 186th Street in Miami-Dade County is hereby
10 designated as Steven Cranman Boulevard. The Department of
11 Transportation is directed to erect suitable markers
12 designating Steven Cranman Boulevard as described in this
13 subsection.
14 (2) That portion of S.W. 186th Street between U.S. 1
15 and S.W. 107th Avenue in Miami-Dade County is hereby
16 designated as Ethel Beckford Boulevard. The Department of
17 Transportation is directed to erect suitable markers
18 designating Ethel Beckford Boulevard as described in this
19 subsection.
20 Section 23. "Phicol Williams Boulevard" designated;
21 Department of Transportation to erect suitable markers.--
22 (1) That portion of State Road 5 (U.S. 1) between S.W.
23 312th Street and S.W. 328th Street in Miami-Dade County is
24 hereby designated as Phicol Williams Boulevard.
25 (2) The Department of Transportation is directed to
26 erect suitable markers designating Phicol Williams Boulevard
27 as described in subsection (1).
28 Section 24. "Arthur Mays Boulevard" designated;
29 Department of Transportation to erect suitable markers.--
30 (1) That portion of S.W. 112 Avenue from U.S. 1 to
31 S.W. 230 Street in Miami-Dade County is hereby designated as
7
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Arthur Mays Boulevard.
2 (2) The Department of Transportation is directed to
3 erect suitable markers designating Arthur Mays Boulevard as
4 described in subsection (1).
5 Section 25. "Jean-Jacques Dessalines Boulevard"
6 designated; Department of Transportation to erect suitable
7 markers.--
8 (1) State Road 934 on N.W. 79th Street in Miami-Dade
9 County, from the west boundary of State House District 108 to
10 the east boundary of district 108, is hereby designated as
11 Jean-Jacques Dessalines Boulevard.
12 (2) The Department of Transportation is directed to
13 erect suitable markers designating Jean-Jacques Dessalines
14 Boulevard as described in subsection (1).
15 Section 26. "Toussaint L'Ouverture Boulevard"
16 designated; Department of Transportation to erect suitable
17 markers.--
18 (1) State Road 922 on N.W. 125th Street in Miami-Dade
19 County, from N.W. 7th Avenue to Griffin Boulevard, is hereby
20 designated as Toussaint L'Ouverture Boulevard.
21 (2) The Department of Transportation is directed to
22 erect suitable markers designating Toussaint L'Ouverture
23 Boulevard as described in subsection (1).
24 Section 27. "Frederick Douglass Boulevard" designated;
25 Department of Transportation to erect suitable markers.--
26 (1) State Road 915 on N.E. 6th Avenue in Miami-Dade
27 County, from the north boundary of State House District 108 to
28 U.S. 1, is hereby designated as Frederick Douglass Boulevard.
29 (2) The Department of Transportation is directed to
30 erect suitable markers designating Frederick Douglass
31 Boulevard as described in subsection (1).
8
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 28. Section 334.30, Florida Statutes, is
2 amended to read:
3 334.30 Public-private Private transportation
4 facilities.--The Legislature hereby finds and declares that
5 there is a public need for rapid construction of safe and
6 efficient transportation facilities for the purpose of travel
7 within the state, and that it is in the public's interest to
8 provide for public-private partnership agreements to
9 effectuate the construction of additional safe, convenient,
10 and economical transportation facilities.
11 (1) The department may receive or solicit proposals
12 and, with legislative approval by a separate bill for each
13 facility, enter into agreements with private entities, or
14 consortia thereof, for the building, operation, ownership, or
15 financing of transportation facilities. The department is
16 authorized to adopt rules to implement this section and shall
17 by rule establish an application fee for the submission of
18 proposals under this section. The fee must be sufficient to
19 pay the costs of evaluating the proposals. The department may
20 engage the services of private consultants to assist in the
21 evaluation. Before seeking legislative approval, the
22 department must determine that the proposed project:
23 (a) Is in the public's best interest.;
24 (b) Would not require state funds to be used unless
25 there is an overriding state interest; however, the department
26 may use state resources for a transportation facility project
27 that is on the State Highway System or that provides for
28 increased mobility on the state's transportation system. and
29 (c) Would have adequate safeguards in place to ensure
30 that no additional costs or service disruptions would be
31 realized by the traveling public and citizens of the state in
9
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the event of default or cancellation of the agreement by the
2 department.
3
4 The department shall ensure that all reasonable costs to the
5 state related to transportation facilities that are not part
6 of the State Highway System are borne by the public-private
7 entity. The department shall also ensure that all reasonable
8 costs to the state, and substantially affected local
9 governments, and utilities, related to the private
10 transportation facility, are borne by the public-private
11 private entity for transportation facilities that are owned by
12 private entities.
13 (2) The use of funds from the State Transportation
14 Trust Fund is limited to advancing projects already programmed
15 in the adopted 5-year work program or to no more than a
16 statewide total of $25 million in capital costs for all
17 projects not programmed in the adopted 5-year work program.
18 (3) The department may request proposals for
19 public-private transportation projects or, if the department
20 receives an unsolicited proposal, shall publish a notice
21 within 30 days in the Florida Administrative Weekly and a
22 newspaper of general circulation at least once a week for 2
23 weeks, stating that the department has received the proposal
24 and will accept, for 60 days after the initial date of
25 publication, other proposals for the same project purpose. A
26 copy of the notice must be mailed to each local government in
27 the affected area. After the public notification period has
28 expired, the department shall then rank the proposals in order
29 of preference. In ranking the proposals, the department may
30 consider, but is not limited to considering, professional
31 qualifications, general business terms, innovative engineering
10
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or cost-reduction terms, finance plans, and the need for state
2 funds to deliver the proposal. The department shall negotiate
3 with the top-ranked proposer in good faith, and if the
4 department is not satisfied with the results of said
5 negotiations, the department may, at its sole discretion,
6 terminate negotiations with said proposer. If these
7 negotiations are unsuccessful, the department may go to the
8 second and lower-ranked firms in order using this same
9 procedure. If only one proposal is received, the department
10 may negotiate in good faith, and if the department is not
11 satisfied with the results of said negotiations, the
12 department may, at its sole discretion, terminate negotiations
13 with the said proposers. Notwithstanding any other provision
14 of this subsection, the department may, at its sole
15 discretion, reject all proposals at any point in the process
16 up to completion of a contract with the proposer.
17 (4) The department shall not commit funds in excess of
18 the limitation in subsection (2) without specific project
19 approval by the Legislature.
20 (5)(2) Agreements entered into pursuant to this
21 section may authorize the private entity to impose tolls or
22 fares for the use of the facility. However, the amount and
23 use of toll or fare revenues may be regulated by the
24 department to avoid unreasonable costs to users of the
25 facility.
26 (6)(3) Each private transportation facility
27 constructed pursuant to this section shall comply with all
28 requirements of federal, state, and local laws; state,
29 regional, and local comprehensive plans; department rules,
30 policies, procedures, and standards for transportation
31 facilities; and any other conditions which the department
11
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 determines to be in the public's best interest.
2 (7)(4) The department may exercise any power possessed
3 by it, including eminent domain, with respect to the
4 development and construction of state transportation projects
5 to facilitate the development and construction of
6 transportation projects pursuant to this section. For
7 public-private facilities located on the State Highway System,
8 the department may pay all or part of the cost of operating
9 and maintaining the facility. For facilities not located on
10 the State Highway System, the department may provide services
11 to the private entity and. agreements for maintenance, law
12 enforcement, and other services entered into pursuant to this
13 section shall provide for full reimbursement for services
14 rendered.
15 (8)(5) Except as herein provided, the provisions of
16 this section are not intended to amend existing laws by
17 granting additional powers to, or further restricting, local
18 governmental entities from regulating and entering into
19 cooperative arrangements with the private sector for the
20 planning, construction, and operation of transportation
21 facilities.
22 (9) The department shall have the authority to create
23 or assist in the creation of tax-exempt, public-purpose
24 Internal Revenue Service Ruling 63-20 corporations as provided
25 for under the Internal Revenue Code. Any bonds issued by the
26 63-20 corporation shall be payable solely from and secured by
27 a lien upon and pledge of the revenues received by the 63-20
28 corporation. Any bonds issued by the 63-20 corporation shall
29 not be or constitute a general indebtedness of the State of
30 Florida, any department or agency thereof, or any political
31 subdivision thereof within the meaning of any constitutional
12
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or statutory provision or limitation. The full faith and
2 credit of the State of Florida shall not be pledged to the
3 payment of the principal of or interest on the bonds issued by
4 the 63-20 corporation. No owner of any of the bonds shall ever
5 have the right to require or compel the exercise of the taxing
6 power of the State of Florida or any department or agency of
7 the state for payment thereof, and the bonds shall not
8 constitute a lien upon any property owned by the State of
9 Florida or any department or agency of the state. Bonds issued
10 by the 63-20 corporation shall be rated investment grade by a
11 nationally recognized credit rating agency. Any bonds issued
12 by a 63-20 corporation to finance a project requiring the use
13 of state money, either directly or directly, shall be reviewed
14 and approved by the secretary of the Department of
15 Transportation. Nothing in this subsection is intended to
16 prohibit credit enhancement of such bonds, whether provided by
17 private or governmental sources other than sources backed by
18 the taxing power of the State of Florida. Nothing in this
19 subsection is intended to prohibit the pledging of additional
20 funds or revenues from private sources to secure such bonds.
21 Internal Revenue Service Ruling 63-20 corporations may receive
22 State Transportation Trust Fund grants and loans from the
23 department. The department shall be empowered to enter into
24 public-private partnership agreements with Internal Revenue
25 Service Ruling 63-20 corporations for projects under this
26 section but shall not agree to expend any funds not
27 appropriated for this purpose. The provisions of s. 339.135(6)
28 shall apply to such agreements.
29 (10) The department may lend funds from the Toll
30 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
31 Internal Revenue Service Ruling 63-20 corporations that
13
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 construct projects containing toll facilities approved under
2 this section. To be eligible, the Internal Revenue Service
3 Ruling 63-20 corporation must meet the provisions of s.
4 338.251 and must either provide an indication from a
5 nationally recognized rating agency that the senior bonds of
6 the 63-20 corporation will be investment grade or must provide
7 credit support, such as a letter of credit or other means
8 acceptable to the department, to ensure that the loans will be
9 fully repaid as required by law. The state's liability for
10 debt of a facility shall be limited to the amount approved for
11 that specific facility in the department's 5-year work program
12 adopted pursuant to s. 339.135.
13 (11)(6) Notwithstanding s. 341.327, a fixed-guideway
14 transportation system authorized by the department to be
15 wholly or partially within the department's right-of-way
16 pursuant to a lease granted under s. 337.251 may operate at
17 any safe speed.
18 Section 29. Paragraph (m) of subsection (2) of section
19 348.0004, Florida Statutes, is repealed.
20 Section 30. Subsection (9) is added to section
21 348.0004, Florida Statutes, to read:
22 348.0004 Purposes and powers.--
23 (9) The Legislature hereby finds and declares that
24 there is a public need for rapid construction of safe and
25 efficient transportation facilities for the purpose of travel
26 within the state and that it is in the public's interest to
27 provide for public-private partnership agreements to
28 effectuate the construction of additional safe, convenient,
29 and economical transportation facilities.
30 (a) An expressway authority in any county as defined
31 in s. 125.011(1) may receive or solicit proposals and enter
14
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 into agreements with private entities, or consortia thereof,
2 for the building, operation, ownership, or financing or
3 extensions or other improvements to existing expressway
4 authority transportation facilities or new transportation
5 facilities that are within the jurisdiction of such an
6 expressway authority. Such an expressway authority is
7 authorized to adopt rules to implement this subsection and
8 shall by rule establish an application fee for the submission
9 of unsolicited proposals under this subsection. The fee must
10 be sufficient to pay the costs of evaluating the proposals.
11 Such an expressway authority may engage the services of
12 private consultants to assist in the evaluation. Before
13 approval, such an expressway authority must determine that the
14 proposed project:
15 1. Is in the public's best interest.
16 2. Would have adequate safeguards in place to ensure
17 that no additional costs or service disruptions would be
18 realized by the traveling public and citizens of the state in
19 the event of default by the private entity or consortium or
20 cancellation of the agreement by such expressway authority.
21 (b) Such an expressway authority may request proposals
22 for public-private transportation projects or, if such an
23 expressway authority receives an unsolicited proposal that it
24 has an interest in evaluating, it shall publish a notice in
25 the Florida Administrative Weekly and a newspaper of general
26 circulation in the county in which such expressway authority
27 is located at least once a week for 2 weeks stating that such
28 expressway authority has received the proposal and will
29 accept, for 60 days after the initial date of publication,
30 other proposals for the same project purpose. A copy of the
31 notice must be mailed to each local government in the affected
15
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 areas. After the public notification period has expired, the
2 expressway authority shall then rank the proposals in order of
3 preference. In ranking the proposals, the expressway authority
4 may consider, but is not limited to considering, professional
5 qualifications, general business terms, innovative engineering
6 or cost-reduction terms, finance plans, and the need for state
7 funds to deliver the proposal. The expressway authority shall
8 negotiate with the top-ranked proposer in good faith, and if
9 the expressway authority is not satisfied with the results of
10 said negotiations, the expressway authority may, at its sole
11 discretion, terminate negotiations with said proposer. If
12 these negotiations are unsuccessful, the expressway authority
13 may go to the second and lower-ranked firms in order using
14 this same procedure. If only one proposal is received, the
15 expressway authority may negotiate in good faith, and if the
16 expressway authority is not satisfied with the results of said
17 negotiations, the expressway authority may, at its sole
18 discretion, terminate negotiations with the said proposers.
19 Notwithstanding any other provision of this paragraph, the
20 expressway authority may, at its sole discretion, reject all
21 proposals at any point in the process up to completion of a
22 contract with the proposer.
23 (c) Agreements entered into pursuant to this
24 subsection may authorize the private entity to impose tolls or
25 fares for the use of the facility. However, the amount and
26 use of toll or fare revenues may be regulated by such an
27 expressway authority to avoid unreasonable costs to users of
28 the facility.
29 (d) Each transportation facility constructed pursuant
30 to this subsection shall comply with all requirements of
31 federal, state, and local laws; state, regional, and local
16
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 comprehensive plans; such expressway authority's rules,
2 policies, procedures, and standards for transportation
3 facilities; and any other conditions such expressway authority
4 determines to be in the public's best interest.
5 (e) Such an expressway authority may exercise any
6 power possessed by it, including eminent domain, with respect
7 to the development and construction of transportation projects
8 to facilitate the development and construction of
9 transportation projects pursuant to this subsection. Such an
10 expressway authority may pay all or part of the cost of
11 operating and maintaining the facility or may provide services
12 to the private entity for which it shall be entitled to
13 receive full or partial reimbursement for services rendered.
14 (f) Except as herein provided, the provisions of this
15 subsection are not intended to amend existing laws by further
16 expanding or further restricting the authority of local
17 governmental entities to regulate and enter into cooperative
18 arrangements with the private sector for the planning,
19 construction, and operation of transportation facilities.
20 (g) Such an expressway authority shall have the
21 authority to create or assist in the creation of tax-exempt,
22 public-purpose Internal Revenue Service Ruling 63-20
23 corporations as provided for under the Internal Revenue Code.
24 Any bonds issued by the 63-20 corporation shall be payable
25 solely from and secured by a lien upon and pledge of the
26 revenues received by the 63-20 corporation. Any bonds issued
27 by the 63-20 corporation shall not be or constitute a general
28 indebtedness of the State of Florida, any department or agency
29 thereof, or any political subdivision thereof within the
30 meaning of any constitutional or statutory provision or
31 limitation. The full faith and credit of the State of Florida
17
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall not be pledged to the payment of the principal of or
2 interest on the bonds issued by the 63-20 corporation. No
3 owner of any of the bonds shall ever have the right to require
4 or compel the exercise of the taxing power of the State of
5 Florida or any department or agency of the state for payment
6 thereof, and the bonds shall not constitute a lien upon any
7 property owned by the State of Florida or any department or
8 agency of the state. Bonds issued by the 63-20 corporation
9 shall be rated investment grade by a nationally recognized
10 credit rating agency. Nothing in this paragraph is intended to
11 prohibit credit enhancement of such bonds, whether provided by
12 private or governmental sources other than sources backed by
13 the taxing power of the State of Florida. Nothing in this
14 paragraph is intended to prohibit the pledging of additional
15 funds or revenues from private sources to secure such bonds.
16 Such an expressway authority shall be empowered to enter into
17 public-private partnership agreements with Internal Revenue
18 Service Ruling 63-20 corporations for projects under this
19 subsection.
20 (h) Such an expressway authority or Internal Revenue
21 Service Ruling 63-20 corporation created under this subsection
22 shall be entitled to apply for grants and loans from the
23 department for projects under this subsection, subject to the
24 same eligibility criteria and other terms and conditions as
25 would apply to projects of such an expressway authority
26 undertaken without private participation.
27 Section 31. Borinquen Boulevard designation;
28 markers.--
29 (1) That portion of North 36th Street (State Road 25)
30 from Biscayne Boulevard to N.W. 7th Avenue is hereby
31 designated "Borinquen Boulevard" in honor of Miami-Dade
18
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 County's Puerto Rican community.
2 (2) The Department of Transportation is directed to
3 erect suitable markers designating the "Borinquen Boulevard"
4 as described in subsection (1).
5 Section 32. "South Miami All-American Parkway"
6 designation; markers.--
7 (1) U.S. 1 from 57th Avenue to S.W. 80th Street in
8 Miami-Dade County is designated as "South Miami All-American
9 Parkway."
10 (2) The Department of Transportation is directed to
11 erect suitable markers designating "South Miami All-American
12 Parkway" as described in subsection (1).
13 Section 33. Monsignor Bryan O. Walsh Boulevard
14 designated; Department of Transportation to erect suitable
15 markers.--
16 (1) Northeast 21st Street from Biscayne Boulevard to
17 Biscayne Bay in Miami is hereby designated as "Monsignor Bryan
18 O. Walsh Boulevard."
19 (2) The Department of Transportation is hereby
20 directed to erect suitable markers designating "Monsignor
21 Bryan O. Walsh Boulevard" as described in subsection (1).
22 Section 34. George Crady Bridge designation;
23 markers.--
24 (1) The old Nassau Sound Bridge (bridge number 750055)
25 on State Road 105 in Nassau and Duval Counties is hereby
26 redesignated as the "George Crady Bridge."
27 (2) The Department of Transportation is directed to
28 erect suitable markers designating the "George Crady Bridge"
29 as described in subsection (1).
30 Section 35. Johnnie Mae Chappell Memorial Highway
31 designated; Department of Transportation to erect suitable
19
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 markers.--
2 (1) The portion of Edgewood Avenue West in Duval
3 County between Moncrief Road and U.S. 1 is hereby designated
4 "Johnnie Mae Chappell Memorial Highway."
5 (2) The Department of Transportation is directed to
6 erect suitable markers designating "Johnnie Mae Chappell
7 Memorial Highway" as described in subsection (1).
8 Section 36. Olga Chorens and Tony Alvarez Way
9 designation; markers.--
10 (1) That portion of S.W. 8th Street, between 27th
11 Avenue and 32nd Avenue, in Miami-Dade County is hereby
12 designated as "Olga Chorens and Tony Alvarez Way."
13 (2) The Department of Transportation is directed to
14 erect suitable markers designating "Olga Chorens and Tony
15 Alvarez Way" as described in subsection (1).
16 Section 37. Dr. Luis Conte-Aguero Way designation;
17 markers.--
18 (1) That portion of S.W. 24th Street (Coral Way),
19 between 25th Avenue and 28th Avenue, in Miami-Dade County is
20 hereby designated as "Dr. Luis Conte-Aguero Way."
21 (2) The Department of Transportation is directed to
22 erect suitable markers designating "Dr. Luis Conte-Aguero Way"
23 as described in subsection (1).
24 Section 38. Bennett C. Russell Florida/Alabama Parkway
25 designation; markers.--
26 (1) State Road 87 from the Florida/Alabama border to
27 U.S. Highway 98 in Santa Rosa County is hereby designated as
28 the "Bennett C. Russell Florida/Alabama Parkway."
29 (2) The Department of Transportation is directed to
30 erect suitable markers designating the "Bennett C. Russell
31 Florida/Alabama Parkway" as described in subsection (1).
20
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 39. This act shall take effect upon becoming a
2 law.
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 On page 13, line 22, through page 16, line 18 of the
8 amendment
9 remove: all of said lines
10
11 and insert:
12 A bill to be entitled
13 An act relating to roads; designating a portion
14 of a roadway in the City of Miami in Miami-Dade
15 County as "Enrique Valledor Way"; designating
16 N.W. 87th Street in Miami-Dade County as Bureau
17 of Alcohol Tobacco and Firearms Special Agents
18 Ariel Rios and Eddie Benitez Memorial Way;
19 dedicating the new Rose Bay bridges between the
20 Cities of New Smyrna Beach and Port Orange to
21 honor U.S. military POW's and MIA's;
22 designating a portion of I-275 in Pinellas
23 County as the "St. Petersburg Parkway";
24 renaming a portion of State Road 580 within the
25 city limits of Temple Terrace as the "Temple
26 Terrace Parkway"; designating a portion of
27 State Road 50 in Orange County as Martin L.
28 King, Jr., Drive; designating "Judge Steve
29 Levine Boulevard" in Miami-Dade County;
30 designating the new U.S. Highway 27 road and
31 bridge in the City of Moore Haven as the "Mamie
21
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Langdale Memorial Bridge"; designating bridge
2 number 550122 in Tallahassee as the "Veterans
3 Memorial Bridge"; designating a portion of U.S.
4 Highway 17 as the "Doyle Parker Memorial
5 Highway"; designating a portion of State Road
6 77 as the "Lynn Haven Parkway"; designating the
7 New River Bridge in Bradford and Union Counties
8 as the "John S. 'Steve' Dennard Bridge";
9 designating a portion of State Road 121 as the
10 "Ed Fraser Memorial Highway"; designating a
11 portion of State Road 16 as the "Correctional
12 Officers Memorial Highway"; designating a
13 portion of U.S. Highway 41 in White Springs as
14 the "Martin Luther King, Jr., Memorial
15 Highway"; designating a portion of Interstate
16 75 as the "Purple Heart Memorial Highway";
17 designating the "Korean War Veterans Memorial
18 Highway" in Seminole County; designating a
19 portion of U.S. Highway 17 as the "Jerome A.
20 Williams Memorial Highway"; designating a
21 portion of State Road 100 in Flagler County as
22 Veterans Memorial Highway; designating a
23 portion of State Road 19 in Lake County as the
24 "Private Robert M. McTureous, Jr., U.S.M.C.,
25 Medal of Honor Memorial Highway"; designating
26 "Steven Cranman Boulevard" and "Ethel Beckford
27 Boulevard" in Miami-Dade County; designating
28 "Phicol Williams Boulevard" in Miami-Dade
29 County; designating "Arthur Mays Boulevard" in
30 Miami-Dade County; designating "Jean-Jacques
31 Dessalines Boulevard" in Miami-Dade County;
22
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 designating "Toussaint L'Ouverture Boulevard"
2 in Miami-Dade County; designating "Frederick
3 Douglass Boulevard" in Miami-Dade County;
4 designating "Borinquen Boulevard" in Miami-Dade
5 County; amending s. 334.30, F.S.; providing for
6 public-private transportation facilities;
7 eliminating the requirement that the
8 Legislature approve such facilities; providing
9 requirements for the use of funds from the
10 State Transportation Trust Fund; providing
11 requirements with respect to proposals;
12 providing for a selection process; providing
13 for specific project approval by the
14 Legislature for certain projects; authorizing
15 the Department of Transportation to create
16 certain corporations; authorizing such
17 corporations to issue bonds; authorizing the
18 department to lend certain funds to such
19 corporations; authorizing the department to
20 adopt rules; repealing s. 348.0004(2)(m), F.S.,
21 relating to private entity proposals for
22 transportation projects; amending s. 348.0004,
23 F.S.; establishing a process enabling certain
24 expressway authorities to participate in
25 public-private partnerships to build, operate,
26 own, or finance certain transportation
27 facilities; specifying the expressway
28 authority's role in such projects and providing
29 rulemaking authority; providing for a selection
30 process; providing for the assessment of tolls;
31 providing for creation of certain tax-exempt,
23
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HOUSE AMENDMENT
Bill No. CS/CS/HB 457, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 public-purpose corporations; authorizing such
2 corporations to issue bonds; designating the
3 "All-American Parkway" in Miami-Dade County;
4 designating a portion of N.E. 21st Street in
5 Miami as Monsignor Bryan O. Walsh Boulevard;
6 designating the old Nassau Sound Bridge in
7 Nassau and Duval Counties as the "George Crady
8 Bridge"; designating a portion of Edgewood
9 Avenue West in Duval County as "Johnnie Mae
10 Chappell Memorial Highway"; designating "Olga
11 Chorens and Tony Alvarez Way" in Miami-Dade
12 County; designating "Dr. Luis Conte-Aguero Way"
13 in Miami-Dade County; designating "Bennett C.
14 Russell Florida/Alabama Parkway" in Santa Rosa
15 County; directing Department of Transportation
16 to erect suitable markers; providing an
17 effective date.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
24
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