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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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Russell and Johnson offered the following:

12

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

16

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

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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."

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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

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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

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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

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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."

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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

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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).

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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

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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

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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

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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

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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

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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

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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

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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

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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).

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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

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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;

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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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