HB 0993 2003
1	A bill to be entitled
2	An act relating to the Florida Interlocal Cooperation Act
3	of 1969; repealing s. 163.01, F.S., which created the act;
4	amending ss. 112.215, 120.52, 153.91, 163.3171, 186.504,
5	186.505, 218.32, 218.415, 243.54, 287.0943, 288.9603,
6	288.9605, 288.9606, 315.02, 315.03, 320.08058, 320.20,
7	339.175, 369.255, 373.1962, 373.1963, 373.4592, 403.0893,
8	403.706, 421.11, 445.007, 682.02, and 1013.355, F.S., to
9	delete references to s. 163.01, F.S.; repealing s.
10	125.325, F.S., relating to authorization of loans to
11	public agencies; repealing s. 166.0495, F.S., relating to
12	interlocal agreements to provide law enforcement services;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Section 163.01, Florida Statutes, is repealed.
18	Section 2. Subsection (14) of section 112.215, Florida
19	Statutes, is amended to read:
20	112.215 Government employees; deferred compensation
21	program.--
22	(14) This subsection may not impair an existing contract.
23	In each county that has one or more constitutional county
24	officers, the board of county commissioners and the
25	constitutional county officers shall negotiate a joint deferred
26	compensation program for all their respective employees under s.
27	163.01. If all parties to the negotiation cannot agree upon a
28	joint deferred compensation program, the provisions of
29	subsection (5) apply.
30	Section 3. Subsections (1) and (12) of section 120.52,
31	Florida Statutes, are amended to read:
32	120.52 Definitions.--As used in this act:
33	(1) "Agency" means:
34	(a) The Governor in the exercise of all executive powers
35	other than those derived from the constitution.
36	(b) Each:
37	1. State officer and state department, and each
38	departmental unit described in s. 20.04.
39	2. Authority, including a regional water supply authority.
40	3. Board.
41	4. Commission, including the Commission on Ethics and the
42	Fish and Wildlife Conservation Commission when acting pursuant
43	to statutory authority derived from the Legislature.
44	5. Regional planning agency.
45	6. Multicounty special district with a majority of its
46	governing board comprised of nonelected persons.
47	7. Educational units.
48	8. Entity described in chapters 163, 373, 380, and 582 and
49	s. 186.504.
50	(c) Each other unit of government in the state, including
51	counties and municipalities, to the extent they are expressly
52	made subject to this act by general or special law or existing
53	judicial decisions.
54
55	This definition does not include any legal entity or agency
56	created in whole or in part pursuant to chapter 361, part II, an
57	expressway authority pursuant to chapter 348, any legal or
58	administrative entity created by an interlocal agreement
59	pursuant to s. 163.01(7), unless any party to such agreement is
60	otherwise an agency as defined in this subsection,or any
61	multicounty special district with a majority of its governing
62	board comprised of elected persons; however, this definition
63	shall include a regional water supply authority.
64	(12) "Party" means:
65	(a) Specifically named persons whose substantial interests
66	are being determined in the proceeding.
67	(b) Any other person who, as a matter of constitutional
68	right, provision of statute, or provision of agency regulation,
69	is entitled to participate in whole or in part in the
70	proceeding, or whose substantial interests will be affected by
71	proposed agency action, and who makes an appearance as a party.
72	(c) Any other person, including an agency staff member,
73	allowed by the agency to intervene or participate in the
74	proceeding as a party. An agency may by rule authorize limited
75	forms of participation in agency proceedings for persons who are
76	not eligible to become parties.
77	(d) Any county representative, agency, department, or unit
78	funded and authorized by state statute or county ordinance to
79	represent the interests of the consumers of a county, when the
80	proceeding involves the substantial interests of a significant
81	number of residents of the county and the board of county
82	commissioners has, by resolution, authorized the representative,
83	agency, department, or unit to represent the class of interested
84	persons. The authorizing resolution shall apply to a specific
85	proceeding and to appeals and ancillary proceedings thereto, and
86	it shall not be required to state the names of the persons whose
87	interests are to be represented.
88
89	The term "party" does not include a member government of a
90	regional water supply authority or a governmental or quasi-
91	judicial board or commission established by local ordinance or
92	special or general law where the governing membership of such
93	board or commission is shared with, in whole or in part, or
94	appointed by a member government of a regional water supply
95	authority in proceedings under s. 120.569, s. 120.57, or s.
96	120.68, to the extent that an interlocal agreement under s.ss.
97	163.01 and373.1962 exists in which the member government has
98	agreed that its substantial interests are not affected by the
99	proceedings or that it is to be bound by alternative dispute
100	resolution in lieu of participating in the proceedings. This
101	exclusion applies only to those particular types of disputes or
102	controversies, if any, identified in an interlocal agreement.
103	Section 4. Section 125.325, Florida Statutes, is repealed.
104	Section 5. Subsections (3), (4), and (5) of section
105	153.91, Florida Statutes, are renumbered as subsections (2),
106	(3), and (4), respectively, and present subsection (2) of said
107	section is amended to read:
108	153.91 Definitions.--As used in this act, the term:
109	(2) "Interlocal agreement" means an agreement entered into
110	pursuant to s. 163.01 by two or more public entities in respect
111	to a wastewater facility privatization contract.
112	Section 6. Subsection (3) of section 163.3171, Florida
113	Statutes, is amended to read:
114	163.3171 Areas of authority under this act.--
115	(3) Combinations of municipalities within a county, or
116	counties, or an incorporated municipality or municipalities and
117	a county or counties, or an incorporated municipality or
118	municipalities and portions of a county or counties may jointly
119	exercise the powers granted under the provisions of this act
120	upon formal adoption of an official agreement by the governing
121	bodies involved pursuant to law. No such official agreement
122	shall be adopted by the governing bodies involved until a public
123	hearing on the subject with public notice has been held by each
124	governing body involved. The general administration of any joint
125	agreement shall be governed by the provisions of s. 163.01
126	except that when there is conflict with this act the provisions
127	of this act shall govern.
128	Section 7. Section 166.0495, Florida Statutes, is
129	repealed.
130	Section 8. Subsection (6) of section 186.504, Florida
131	Statutes, is amended to read:
132	186.504 Regional planning councils; creation;
133	membership.--
134	(6) The existing regional planning council in each of the
135	several comprehensive planning districts shall be designated as
136	the regional planning council specified under subsections (1)-
137	(5), provided the council agrees to meet the membership criteria
138	specified therein and is a regional planning council organized
139	under either s. 163.01 ors. 163.02 or ss. 186.501-186.515.
140	Section 9. Subsections (15) through (25) of section
141	186.505, Florida Statutes, are renumbered as subsections (14)
142	through (24), respectively, and present subsection (14) of said
143	section is amended to read:
144	186.505 Regional planning councils; powers and
145	duties.--Any regional planning council created hereunder shall
146	have the following powers:
147	(14) To dispose of any property acquired through the
148	execution of an interlocal agreement under s. 163.01.
149	Section 10. Paragraph (c) of subsection (1) of section
150	218.32, Florida Statutes, is amended to read:
151	218.32 Annual financial reports; local governmental
152	entities.--
153	(1)
154	(c) Each regional planning council created under s.
155	186.504 and,each local government finance commission, board, or
156	council, and each municipal power corporation created as a
157	separate legal or administrative entity by interlocal agreement
158	under s. 163.01(7)shall submit to the department a copy of its
159	audit report and an annual financial report for the previous
160	fiscal year in a format prescribed by the department.
161	Section 11. Paragraph (a) of subsection (16) and paragraph
162	(a) of subsection (17) of section 218.415, Florida Statutes, are
163	amended to read:
164	218.415 Local government investment policies.--Investment
165	activity by a unit of local government must be consistent with a
166	written investment plan adopted by the governing body, or in the
167	absence of the existence of a governing body, the respective
168	principal officer of the unit of local government and maintained
169	by the unit of local government or, in the alternative, such
170	activity must be conducted in accordance with subsection (17).
171	Any such unit of local government shall have an investment
172	policy for any public funds in excess of the amounts needed to
173	meet current expenses as provided in subsections (1)-(16), or
174	shall meet the alternative investment guidelines contained in
175	subsection (17). Such policies shall be structured to place the
176	highest priority on the safety of principal and liquidity of
177	funds. The optimization of investment returns shall be secondary
178	to the requirements for safety and liquidity. Each unit of local
179	government shall adopt policies that are commensurate with the
180	nature and size of the public funds within its custody.
181	(16) AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT
182	POLICIES.--Those units of local government electing to adopt a
183	written investment policy as provided in subsections (1)-(15)
184	may by resolution invest and reinvest any surplus public funds
185	in their control or possession in:
186	(a) The Local Government Surplus Funds Trust Fund or any
187	intergovernmental investment pool authorized pursuant to the
188	Florida Interlocal Cooperation Act as provided in s. 163.01.
189	(17) AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT
190	POLICY.--Those units of local government electing not to adopt a
191	written investment policy in accordance with investment policies
192	developed as provided in subsections (1)-(15) may invest or
193	reinvest any surplus public funds in their control or possession
194	in:
195	(a) The Local Government Surplus Funds Trust Fund, or any
196	intergovernmental investment pool authorized pursuant to the
197	Florida Interlocal Cooperation Act, as provided in s. 163.01.
198
199	The securities listed in paragraphs (c) and (d) shall be
200	invested to provide sufficient liquidity to pay obligations as
201	they come due.
202	Section 12. Subsection (6) of section 243.54, Florida
203	Statutes, is amended to read:
204	243.54 Powers of the authority.--The purpose of the
205	authority is to assist institutions of higher education in
206	constructing, financing, and refinancing projects throughout the
207	state and, for this purpose, the authority may:
208	(6) Make and execute financing agreements, leases, as
209	lessee or as lessor, contracts, deeds, and other instruments
210	necessary or convenient in the exercise of the powers and
211	functions of the authority, including contracts with persons,
212	firms, corporations, federal and state agencies, and other
213	authorities, which state agencies and other authorities are
214	authorized to enter into contracts and otherwise cooperate with
215	the authority to facilitate the financing, construction,
216	leasing, or sale of any project or the institution of any
217	program; andengage in sale-leaseback, lease-purchase, lease-
218	leaseback, or other undertakings and provide for the sale of
219	certificates of participation incident thereto; and enter into
220	interlocal agreements in the manner provided in s. 163.01.
221	Section 13. Paragraph (g) of subsection (2) of section
222	287.0943, Florida Statutes, is amended to read:
223	287.0943 Certification of minority business enterprises.--
224	(2)
225	(g) The certification criteria approved by the task force
226	and adopted by the Department of Management Services shall be
227	included in a statewide and interlocal agreement as defined in
228	s. 287.09431 and, in accordance with s. 163.01,shall be
229	executed according to the terms included therein.
230	Section 14. Subsection (14) of section 288.9603, Florida
231	Statutes, is renumbered as subsection (13), and present
232	subsection (13) of said section is amended to read:
233	288.9603 Definitions.--
234	(13) "Interlocal agreement" means an agreement by and
235	between the Florida Development Finance Corporation and a public
236	agency of this state, pursuant to the provisions of s. 163.01.
237	Section 15. Paragraphs (f) through (w) of subsection (2)
238	of section 288.9605, Florida Statutes, are redesignated as
239	paragraphs (e) through (v), respectively, and present paragraph
240	(e) of subsection (2) of said section is amended to read:
241	288.9605 Corporation powers.--
242	(2) The corporation is authorized and empowered to:
243	(e) Enter into interlocal agreements pursuant to s.
244	163.01(7) with public agencies of this state for the exercise of
245	any power, privilege, or authority consistent with the purposes
246	of this act.
247	Section 16. Subsection (1) of section 288.9606, Florida
248	Statutes, is amended to read:
249	288.9606 Issue of revenue bonds.--
250	(1) When authorized by a public agency pursuant to s.
251	163.01(7),The corporation has power in its corporate capacity,
252	in its discretion, to issue revenue bonds or other evidences of
253	indebtedness which a public agency has the power to issue, from
254	time to time to finance the undertaking of any purpose of this
255	act and ss. 288.707-288.714, including, without limiting the
256	generality thereof, the payment of principal and interest upon
257	any advances for surveys and plans or preliminary loans, and has
258	the power to issue refunding bonds for the payment or retirement
259	of bonds previously issued. Bonds issued pursuant to this
260	section shall bear the name "Florida Development Finance
261	Corporation Revenue Bonds." The security for such bonds may be
262	based upon such revenues as are legally available. In
263	anticipation of the sale of such revenue bonds, the corporation
264	may issue bond anticipation notes and may renew such notes from
265	time to time, but the maximum maturity of any such note,
266	including renewals thereof, may not exceed 5 years from the date
267	of issuance of the original note. Such notes shall be paid from
268	any revenues of the corporation available therefor and not
269	otherwise pledged or from the proceeds of sale of the revenue
270	bonds in anticipation of which they were issued. Any bond, note,
271	or other form of indebtedness issued pursuant to this act shall
272	mature no later than the end of the 30th fiscal year after the
273	fiscal year in which the bond, note, or other form of
274	indebtedness was issued.
275	Section 17. Subsection (4) of section 315.02, Florida
276	Statutes, is amended to read:
277	315.02 Definitions.--As used in this law, the following
278	words and terms shall have the following meanings:
279	(4) The word "unit" shall mean any county, port district,
280	port authority, or municipality or any governmental unit created
281	pursuant to s. 163.01(7)(d)that includes at least one deepwater
282	port as listed in s. 403.021(9)(b).
283	Section 18. Subsection (11) and paragraph (a) of
284	subsection (12) of section 315.03, Florida Statutes, are amended
285	to read:
286	315.03 Grant of powers.--Each unit is hereby authorized
287	and empowered:
288	(11) To accept loans or grants of money or materials or
289	property at any time from the United States or the State of
290	Florida or any agency, instrumentality, or subdivision thereof,
291	or to participate in loan guarantees or lines of credit provided
292	by the United States, upon such terms and conditions as the
293	United States, the State of Florida, or such agency,
294	instrumentality, or subdivision may impose. Any entity created
295	pursuant to s. 163.01(7)(d) that involves at least one deepwater
296	port may participate in the provisions of this subsection, with
297	oversight by the Florida Seaport Transportation and Economic
298	Development Council.
299	(12)(a) To pay interest or other financing-related costs
300	on federal loan guarantees, lines of credit, or secured direct
301	loans issued to finance eligible projects. Any entity created
302	pursuant to s. 163.01(7)(d) that involves at least one deepwater
303	port may participate in the provisions of this subsection, with
304	oversight by the Florida Seaport Transportation and Economic
305	Development Council, and may establish a loan program that would
306	provide for the reuse of loan proceeds for similar program
307	purposes.
308	Section 19. Paragraph (b) of subsection (27) of section
309	320.08058, Florida Statutes, is amended to read:
310	320.08058 Specialty license plates.--
311	(27) TAMPA BAY ESTUARY LICENSE PLATES.--
312	(b) The annual use fees shall be distributed to the Tampa
313	Bay Estuary Program created by s. 163.01.
314	1. A maximum of 5 percent of such fees may be used for
315	marketing the plate.
316	2. Twenty percent of the proceeds from the annual use fee,
317	not to exceed $50,000, shall be provided to the Tampa Bay
318	Regional Planning Council for activities of the Agency on Bay
319	Management implementing the Council/Agency Action Plan for the
320	restoration of the Tampa Bay estuary, as approved by the Tampa
321	Bay Estuary Program Policy Board.
322	3. The remaining proceeds must be used to implement the
323	Comprehensive Conservation and Management Plan for Tampa Bay,
324	pursuant to priorities approved by the Tampa Bay Estuary Program
325	Policy Board.
326	Section 20. Subsections (3) and (4) of section 320.20,
327	Florida Statutes, are amended to read:
328	320.20 Disposition of license tax moneys.--The revenue
329	derived from the registration of motor vehicles, including any
330	delinquent fees and excluding those revenues collected and
331	distributed under the provisions of s. 320.081, must be
332	distributed monthly, as collected, as follows:
333	(3) Notwithstanding any other provision of law except
334	subsections (1) and (2), on July 1, 1996, and annually
335	thereafter, $15 million shall be deposited in the State
336	Transportation Trust Fund solely for the purposes of funding the
337	Florida Seaport Transportation and Economic Development Program
338	as provided for in chapter 311. Such revenues shall be
339	distributed on a 50-50 matching basis to any port listed in s.
340	311.09(1) to be used for funding projects as described in s.
341	311.07(3)(b). Such revenues may be assigned, pledged, or set
342	aside as a trust for the payment of principal or interest on
343	bonds, tax anticipation certificates, or any other form of
344	indebtedness issued by an individual port or appropriate local
345	government having jurisdiction thereof, or collectively by
346	interlocal agreement among any of the ports, or used to purchase
347	credit support to permit such borrowings. However, such debt
348	shall not constitute a general obligation of the State of
349	Florida. The state does hereby covenant with holders of such
350	revenue bonds or other instruments of indebtedness issued
351	hereunder that it will not repeal or impair or amend in any
352	manner which will materially and adversely affect the rights of
353	such holders so long as bonds authorized by this section are
354	outstanding. Any revenues which are not pledged to the repayment
355	of bonds as authorized by this section may be utilized for
356	purposes authorized under the Florida Seaport Transportation and
357	Economic Development Program. This revenue source is in addition
358	to any amounts provided for and appropriated in accordance with
359	s. 311.07. The Florida Seaport Transportation and Economic
360	Development Council shall approve distribution of funds to ports
361	for projects which have been approved pursuant to s. 311.09(5)-
362	(9). The council and the Department of Transportation are
363	authorized to perform such acts as are required to facilitate
364	and implement the provisions of this subsection. To better
365	enable the ports to cooperate to their mutual advantage, the
366	governing body of each port may exercise powers provided to
367	municipalities or counties in s. 163.01(7)(d)subject to the
368	provisions of chapter 311 and special acts, if any, pertaining
369	to a port. The use of funds provided pursuant to this subsection
370	are limited to eligible projects listed in this subsection.
371	Income derived from a project completed with the use of program
372	funds, beyond operating costs and debt service, shall be
373	restricted to further port capital improvements consistent with
374	maritime purposes and for no other purpose. Use of such income
375	for nonmaritime purposes is prohibited. The provisions of s.
376	311.07(4) do not apply to any funds received pursuant to this
377	subsection. The revenues available under this subsection shall
378	not be pledged to the payment of any bonds other than the
379	Florida Ports Financing Commission Series 1996 and Series 1999
380	Bonds currently outstanding; provided, however, such revenues
381	may be pledged to secure payment of refunding bonds to refinance
382	the Florida Ports Financing Commission Series 1996 and Series
383	1999 Bonds. No refunding bonds secured by revenues available
384	under this subsection may be issued with a final maturity later
385	than the final maturity of the Florida Ports Financing
386	Commission Series 1996 and Series 1999 Bonds or which provide
387	for higher debt service in any year than is currently payable on
388	such bonds. Any revenue bonds or other indebtedness issued after
389	July 1, 2000, other than refunding bonds shall be issued by the
390	Division of Bond Finance at the request of the Department of
391	Transportation pursuant to the State Bond Act.
392	(4) Notwithstanding any other provision of law except
393	subsections (1), (2), and (3), on July 1, 1999, and annually
394	thereafter, $10 million shall be deposited in the State
395	Transportation Trust Fund solely for the purposes of funding the
396	Florida Seaport Transportation and Economic Development Program
397	as provided in chapter 311 and for funding seaport intermodal
398	access projects of statewide significance as provided in s.
399	341.053. Such revenues shall be distributed to any port listed
400	in s. 311.09(1), to be used for funding projects as follows:
401	(a) For any seaport intermodal access projects that are
402	identified in the 1997-1998 Tentative Work Program of the
403	Department of Transportation, up to the amounts needed to offset
404	the funding requirements of this section.
405	(b) For seaport intermodal access projects as described in
406	s. 341.053(5) that are identified in the 5-year Florida Seaport
407	Mission Plan as provided in s. 311.09(3). Funding for such
408	projects shall be on a matching basis as mutually determined by
409	the Florida Seaport Transportation and Economic Development
410	Council and the Department of Transportation, provided a minimum
411	of 25 percent of total project funds shall come from any port
412	funds, local funds, private funds, or specifically earmarked
413	federal funds.
414	(c) On a 50-50 matching basis for projects as described in
415	s. 311.07(3)(b).
416	(d) For seaport intermodal access projects that involve
417	the dredging or deepening of channels, turning basins, or
418	harbors; or the rehabilitation of wharves, docks, or similar
419	structures. Funding for such projects shall require a 25 percent
420	match of the funds received pursuant to this subsection.
421	Matching funds shall come from any port funds, federal funds,
422	local funds, or private funds.
423
424	Such revenues may be assigned, pledged, or set aside as a trust
425	for the payment of principal or interest on bonds, tax
426	anticipation certificates, or any other form of indebtedness
427	issued by an individual port or appropriate local government
428	having jurisdiction thereof, or collectively by interlocal
429	agreement among any of the ports, or used to purchase credit
430	support to permit such borrowings. However, such debt shall not
431	constitute a general obligation of the state. This state does
432	hereby covenant with holders of such revenue bonds or other
433	instruments of indebtedness issued hereunder that it will not
434	repeal or impair or amend this subsection in any manner which
435	will materially and adversely affect the rights of holders so
436	long as bonds authorized by this subsection are outstanding. Any
437	revenues that are not pledged to the repayment of bonds as
438	authorized by this section may be utilized for purposes
439	authorized under the Florida Seaport Transportation and Economic
440	Development Program. This revenue source is in addition to any
441	amounts provided for and appropriated in accordance with s.
442	311.07 and subsection (3). The Florida Seaport Transportation
443	and Economic Development Council shall approve distribution of
444	funds to ports for projects that have been approved pursuant to
445	s. 311.09(5)-(9), or for seaport intermodal access projects
446	identified in the 5-year Florida Seaport Mission Plan as
447	provided in s. 311.09(3) and mutually agreed upon by the FSTED
448	Council and the Department of Transportation. All contracts for
449	actual construction of projects authorized by this subsection
450	must include a provision encouraging employment of participants
451	in the welfare transition program. The goal for employment of
452	participants in the welfare transition program is 25 percent of
453	all new employees employed specifically for the project, unless
454	the Department of Transportation and the Florida Seaport
455	Transportation and Economic Development Council demonstrate that
456	such a requirement would severely hamper the successful
457	completion of the project. In such an instance, Workforce
458	Florida, Inc., shall establish an appropriate percentage of
459	employees that must be participants in the welfare transition
460	program. The council and the Department of Transportation are
461	authorized to perform such acts as are required to facilitate
462	and implement the provisions of this subsection. To better
463	enable the ports to cooperate to their mutual advantage, the
464	governing body of each port may exercise powers provided to
465	municipalities or counties in s. 163.01(7)(d)subject to the
466	provisions of chapter 311 and special acts, if any, pertaining
467	to a port. The use of funds provided pursuant to this subsection
468	is limited to eligible projects listed in this subsection. The
469	provisions of s. 311.07(4) do not apply to any funds received
470	pursuant to this subsection. The revenues available under this
471	subsection shall not be pledged to the payment of any bonds
472	other than the Florida Ports Financing Commission Series 1996
473	and Series 1999 Bonds currently outstanding; provided, however,
474	such revenues may be pledged to secure payment of refunding
475	bonds to refinance the Florida Ports Financing Commission Series
476	1996 and Series 1999 Bonds. No refunding bonds secured by
477	revenues available under this subsection may be issued with a
478	final maturity later than the final maturity of the Florida
479	Ports Financing Commission Series 1996 and Series 1999 Bonds or
480	which provide for higher debt service in any year than is
481	currently payable on such bonds. Any revenue bonds or other
482	indebtedness issued after July 1, 2000, other than refunding
483	bonds shall be issued by the Division of Bond Finance at the
484	request of the Department of Transportation pursuant to the
485	State Bond Act.
486	Section 21. Paragraph (b) of subsection (1) and subsection
487	(5) of section 339.175, Florida Statutes, are amended to read:
488	339.175 Metropolitan planning organization.--It is the
489	intent of the Legislature to encourage and promote the safe and
490	efficient management, operation, and development of surface
491	transportation systems that will serve the mobility needs of
492	people and freight within and through urbanized areas of this
493	state while minimizing transportation-related fuel consumption
494	and air pollution. To accomplish these objectives, metropolitan
495	planning organizations, referred to in this section as M.P.O.'s,
496	shall develop, in cooperation with the state and public transit
497	operators, transportation plans and programs for metropolitan
498	areas. The plans and programs for each metropolitan area must
499	provide for the development and integrated management and
500	operation of transportation systems and facilities, including
501	pedestrian walkways and bicycle transportation facilities that
502	will function as an intermodal transportation system for the
503	metropolitan area, based upon the prevailing principles provided
504	in s. 334.046(1). The process for developing such plans and
505	programs shall provide for consideration of all modes of
506	transportation and shall be continuing, cooperative, and
507	comprehensive, to the degree appropriate, based on the
508	complexity of the transportation problems to be addressed.
509	(1) DESIGNATION.--
510	(b) Each M.P.O. shall be created and operated under the
511	provisions of this section pursuant to an interlocal agreement
512	entered into pursuant to s. 163.01. The signatories to the
513	interlocal agreement shall be the department and the
514	governmental entities designated by the Governor for membership
515	on the M.P.O. If there is a conflict between this section and s.
516	163.01, this section prevails.
517
518	Each M.P.O. required under this section must be fully operative
519	no later than 6 months following its designation.
520	(5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
521	privileges, and authority of an M.P.O. are those specified in
522	this section or incorporated in an interlocal agreement
523	authorized under s. 163.01. Each M.P.O. shall perform all acts
524	required by federal or state laws or rules, now and subsequently
525	applicable, which are necessary to qualify for federal aid. It
526	is the intent of this section that each M.P.O. shall be involved
527	in the planning and programming of transportation facilities,
528	including, but not limited to, airports, intercity and high-
529	speed rail lines, seaports, and intermodal facilities, to the
530	extent permitted by state or federal law.
531	(a) Each M.P.O. shall, in cooperation with the department,
532	develop:
533	1. A long-range transportation plan pursuant to the
534	requirements of subsection (6);
535	2. An annually updated transportation improvement program
536	pursuant to the requirements of subsection (7); and
537	3. An annual unified planning work program pursuant to the
538	requirements of subsection (8).
539	(b) In developing the long-range transportation plan and
540	the transportation improvement program required under paragraph
541	(a), each M.P.O. shall provide for consideration of projects and
542	strategies that will:
543	1. Support the economic vitality of the metropolitan area,
544	especially by enabling global competitiveness, productivity, and
545	efficiency;
546	2. Increase the safety and security of the transportation
547	system for motorized and nonmotorized users;
548	3. Increase the accessibility and mobility options
549	available to people and for freight;
550	4. Protect and enhance the environment, promote energy
551	conservation, and improve quality of life;
552	5. Enhance the integration and connectivity of the
553	transportation system, across and between modes, for people and
554	freight;
555	6. Promote efficient system management and operation; and
556	7. Emphasize the preservation of the existing
557	transportation system.
558	(c) In order to provide recommendations to the department
559	and local governmental entities regarding transportation plans
560	and programs, each M.P.O. shall:
561	1. Prepare a congestion management system for the
562	metropolitan area and cooperate with the department in the
563	development of all other transportation management systems
564	required by state or federal law;
565	2. Assist the department in mapping transportation
566	planning boundaries required by state or federal law;
567	3. Assist the department in performing its duties relating
568	to access management, functional classification of roads, and
569	data collection;
570	4. Execute all agreements or certifications necessary to
571	comply with applicable state or federal law;
572	5. Represent all the jurisdictional areas within the
573	metropolitan area in the formulation of transportation plans and
574	programs required by this section; and
575	6. Perform all other duties required by state or federal
576	law.
577	(d) Each M.P.O. shall appoint a technical advisory
578	committee that includes planners; engineers; representatives of
579	local aviation authorities, port authorities, and public transit
580	authorities or representatives of aviation departments, seaport
581	departments, and public transit departments of municipal or
582	county governments, as applicable; the school superintendent of
583	each county within the jurisdiction of the M.P.O. or the
584	superintendent's designee; and other appropriate representatives
585	of affected local governments. In addition to any other duties
586	assigned to it by the M.P.O. or by state or federal law, the
587	technical advisory committee is responsible for considering safe
588	access to schools in its review of transportation project
589	priorities, long-range transportation plans, and transportation
590	improvement programs, and shall advise the M.P.O. on such
591	matters. In addition, the technical advisory committee shall
592	coordinate its actions with local school boards and other local
593	programs and organizations within the metropolitan area which
594	participate in school safety activities, such as locally
595	established community traffic safety teams. Local school boards
596	must provide the appropriate M.P.O. with information concerning
597	future school sites and in the coordination of transportation
598	service.
599	(e)1. Each M.P.O. shall appoint a citizens' advisory
600	committee, the members of which serve at the pleasure of the
601	M.P.O. The membership on the citizens' advisory committee must
602	reflect a broad cross section of local residents with an
603	interest in the development of an efficient, safe, and cost-
604	effective transportation system. Minorities, the elderly, and
605	the handicapped must be adequately represented.
606	2. Notwithstanding the provisions of subparagraph 1., an
607	M.P.O. may, with the approval of the department and the
608	applicable federal governmental agency, adopt an alternative
609	program or mechanism to ensure citizen involvement in the
610	transportation planning process.
611	(f) The department shall allocate to each M.P.O., for the
612	purpose of accomplishing its transportation planning and
613	programming duties, an appropriate amount of federal
614	transportation planning funds.
615	(g) Each M.P.O. may employ personnel or may enter into
616	contracts with local or state agencies, private planning firms,
617	or private engineering firms to accomplish its transportation
618	planning and programming duties required by state or federal
619	law.
620	(h) Any group of M.P.O.'s which has created a chair's
621	coordinating committee as of the effective date of this act and
622	is located within the same Department of Transportation District
623	which is comprised of four adjacent M.P.O.'s must continue such
624	committee as provided for in this section. Such committee must
625	also include one representative from each M.P.O. contiguous to
626	the geographic boundaries of the original committee. The
627	committee must, at a minimum:
628	1. Coordinate transportation projects deemed to be
629	regionally significant by the committee.
630	2. Review the impact of regionally significant land use
631	decisions on the region.
632	3. Review all proposed regionally significant
633	transportation projects in the respective transportation
634	improvement programs which affect more than one of the M.P.O.'s
635	represented on the committee.
636	4. Institute a conflict resolution process to address any
637	conflict that may arise in the planning and programming of such
638	regionally significant projects.
639	Section 22. Subsection (2) of section 369.255, Florida
640	Statutes, is amended to read:
641	369.255 Green utility ordinances for funding greenspace
642	management and exotic plant control.--
643	(2) In addition to any other funding mechanisms legally
644	available to counties and municipalities to control invasive,
645	nonindigenous aquatic or upland plants and manage urban forest
646	resources, a county or municipality may create one or more green
647	utilities or adopt fees sufficient to plan, restore, and manage
648	urban forest resources, greenways, forest preserves, wetlands,
649	and other aquatic zones and create a stewardship grant program
650	for private natural areas. Counties or municipalities may
651	create, alone or in cooperation with other counties or
652	municipalities pursuant to the Florida Interlocal Cooperation
653	Act, s. 163.01, one or more greenspace management districts to
654	fund the planning, management, operation, and administration of
655	a greenspace management program. The fees shall be collected on
656	a voluntary basis as set forth by the county or municipality and
657	calculated to generate sufficient funds to plan, manage,
658	operate, and administer a greenspace management program. Private
659	natural areas assessed according to s. 193.501 would qualify for
660	stewardship grants.
661	Section 23. Subsections (1) and (2) of section 373.1962,
662	Florida Statutes, are amended to read:
663	373.1962 Regional water supply authorities.--
664	(1) By agreement between local governmental units created
665	or existing pursuant to the provisions of Art. VIII of the State
666	Constitution, pursuant to the Florida Interlocal Cooperation Act
667	of 1969, s. 163.01,and upon the approval of the Secretary of
668	Environmental Protection to ensure that such agreement will be
669	in the public interest and complies with the intent and purposes
670	of this act, regional water supply authorities may be created
671	for the purpose of developing, recovering, storing, and
672	supplying water for county or municipal purposes in such a
673	manner as will give priority to reducing adverse environmental
674	effects of excessive or improper withdrawals of water from
675	concentrated areas. In approving said agreement the Secretary of
676	Environmental Protection shall consider, but not be limited to,
677	the following:
678	(a) Whether the geographic territory of the proposed
679	authority is of sufficient size and character to reduce the
680	environmental effects of improper or excessive withdrawals of
681	water from concentrated areas.
682	(b) The maximization of economic development of the water
683	resources within the territory of the proposed authority.
684	(c) The availability of a dependable and adequate water
685	supply.
686	(d) The ability of any proposed authority to design,
687	construct, operate, and maintain water supply facilities in the
688	locations, and at the times necessary, to ensure that an
689	adequate water supply will be available to all citizens within
690	the authority.
691	(e) The effect or impact of any proposed authority on any
692	municipality, county, or existing authority or authorities.
693	(f) The existing needs of the water users within the area
694	of the authority.
695	(2) In addition to other powers and duties agreed upon,
696	and notwithstanding the provisions of s. 163.01,such authority
697	may:
698	(a) Upon approval of the electors residing in each county
699	or municipality within the territory to be included in any
700	authority, levy ad valorem taxes, not to exceed 0.5 mill,
701	pursuant to s. 9(b), Art. VII of the State Constitution. No tax
702	authorized by this paragraph shall be levied in any county or
703	municipality without an affirmative vote of the electors
704	residing in such county or municipality.
705	(b) Acquire water and water rights; develop, store, and
706	transport water; provide, sell and deliver water for county or
707	municipal uses and purposes; provide for the furnishing of such
708	water and water service upon terms and conditions and at rates
709	which will apportion to parties and nonparties an equitable
710	share of the capital cost and operating expense of the
711	authority's work to the purchaser.
712	(c) Collect, treat, and recover wastewater.
713	(d) Not engage in local distribution.
714	(e) Exercise the power of eminent domain in the manner
715	provided by law for the condemnation of private property for
716	public use to acquire title to such interest in real property as
717	is necessary to the exercise of the powers herein granted,
718	except water and water rights already devoted to reasonable and
719	beneficial use or any water production or transmission
720	facilities owned by any county or municipality.
721	(f) Issue revenue bonds in the manner prescribed by the
722	Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
723	payable solely from funds derived from the sale of water by the
724	authority to any county or municipality. Such bonds may be
725	additionally secured by the full faith and credit of any county
726	or municipality, as provided by s. 159.16 or by a pledge of
727	excise taxes, as provided by s. 159.19. For the purpose of
728	issuing revenue bonds, an authority shall be considered a "unit"
729	as defined in s. 159.02(2) and as that term is used in the
730	Revenue Bond Act of 1953, as amended. Such bonds may be issued
731	to finance the cost of acquiring properties and facilities for
732	the production and transmission of water by the authority to any
733	county or municipality, which cost shall include the acquisition
734	of real property and easements therein for such purposes. Such
735	bonds may be in the form of refunding bonds to take up any
736	outstanding bonds of the authority or of any county or
737	municipality where such outstanding bonds are secured by
738	properties and facilities for production and transmission of
739	water, which properties and facilities are being acquired by the
740	authority. Refunding bonds may be issued to take up and refund
741	all outstanding bonds of said authority that are subject to call
742	and termination, and all bonds of said authority that are not
743	subject to call or redemption, when the surrender of said bonds
744	can be procured from the holder thereof at prices satisfactory
745	to the authority. Such refunding bonds may be issued at any time
746	when, in the judgment of the authority, it will be to the best
747	interest of the authority financially or economically by
748	securing a lower rate of interest on said bonds or by extending
749	the time of maturity of said bonds or, for any other reason, in
750	the judgment of the authority, advantageous to said authority.
751	(g) Sue and be sued in its own name.
752	(h) Borrow money and incur indebtedness and issue bonds or
753	other evidence of such indebtedness.
754	(i) Join with one or more other public corporations for
755	the purpose of carrying out any of its powers and for that
756	purpose to contract with such other public corporation or
757	corporations for the purpose of financing such acquisitions,
758	construction, and operations. Such contracts may provide for
759	contributions to be made by each party thereto, for the division
760	and apportionment of the expenses of such acquisitions and
761	operations, and for the division and apportionment of the
762	benefits, services, and products therefrom. Such contract may
763	contain such other and further covenants and agreements as may
764	be necessary and convenient to accomplish the purposes hereof.
765	Section 24. Paragraph (b) of subsection (1) of section
766	373.1963, Florida Statutes, is amended to read:
767	373.1963 Assistance to West Coast Regional Water Supply
768	Authority.--
769	(1) It is the intent of the Legislature to authorize the
770	implementation of changes in governance recommended by the West
771	Coast Regional Water Supply Authority in its reports to the
772	Legislature dated February 1, 1997, and January 5, 1998. The
773	authority and its member governments may reconstitute the
774	authority's governance and rename the authority under a
775	voluntary interlocal agreement with a term of not less than 20
776	years. The interlocal agreement must comply with this subsection
777	as follows:
778	(b) In accordance with s. 4, Art. VIII of the State
779	Constitution and notwithstanding s. 163.01, the interlocal
780	agreement may include the following terms, which are considered
781	approved by the parties without a vote of their electors, upon
782	execution of the interlocal agreement by all member governments
783	and upon satisfaction of all conditions precedent in the
784	interlocal agreement:
785	1. All member governments shall relinquish to the
786	authority their individual rights to develop potable water
787	supply sources, except as otherwise provided in the interlocal
788	agreement;
789	2. The authority shall be the sole and exclusive wholesale
790	potable water supplier for all member governments; and
791	3. The authority shall have the absolute and unequivocal
792	obligation to meet the wholesale needs of the member governments
793	for potable water.
794	4. A member government may not restrict or prohibit the
795	use of land within a member's jurisdictional boundaries by the
796	authority for water supply purposes through use of zoning, land
797	use, comprehensive planning, or other form of regulation.
798	5. A member government may not impose any tax, fee, or
799	charge upon the authority in conjunction with the production or
800	supply of water not otherwise provided for in the interlocal
801	agreement.
802	6. The authority may use the powers provided in part II of
803	chapter 159 for financing and refinancing water treatment,
804	production, or transmission facilities, including, but not
805	limited to, desalinization facilities. All such water treatment,
806	production, or transmission facilities are considered a
807	"manufacturing plant" for purposes of s. 159.27(5) and serve a
808	paramount public purpose by providing water to citizens of the
809	state.
810	7. A member government and any governmental or quasi-
811	judicial board or commission established by local ordinance or
812	general or special law where the governing membership of such
813	board or commission is shared, in whole or in part, or appointed
814	by a member government agreeing to be bound by the interlocal
815	agreement shall be limited to the procedures set forth therein
816	regarding actions that directly or indirectly restrict or
817	prohibit the use of lands or other activities related to the
818	production or supply of water.
819	Section 25. Paragraph (a) of subsection (8) of section
820	373.4592, Florida Statutes, is amended to read:
821	373.4592 Everglades improvement and management.--
822	(8) SPECIAL ASSESSMENTS.--
823	(a) In addition to any other legally available funding
824	mechanism, the district may create, alone or in cooperation with
825	counties, municipalities, and special districts pursuant to s.
826	163.01, the Florida Interlocal Cooperation Act of 1969, one or
827	more stormwater management system benefit areas including
828	property located outside the EAA and the C-139 Basin, and
829	property located within the EAA and the C-139 Basin that is not
830	subject to the Everglades agricultural privilege tax or the C-
831	139 agricultural privilege tax. The district may levy special
832	assessments within said benefit areas to fund the planning,
833	acquisition, construction, financing, operation, maintenance,
834	and administration of stormwater management systems for the
835	benefited areas. Any benefit area in which property owners
836	receive substantially different levels of stormwater management
837	system benefits shall include stormwater management system
838	benefit subareas within which different per acreage assessments
839	shall be levied from subarea to subarea based upon a reasonable
840	relationship to benefits received. The assessments shall be
841	calculated to generate sufficient funds to plan, acquire,
842	construct, finance, operate, and maintain the stormwater
843	management systems authorized pursuant to this section.
844	Section 26. Subsection (3) of section 403.0893, Florida
845	Statutes, is amended to read:
846	403.0893 Stormwater funding; dedicated funds for
847	stormwater management.--In addition to any other funding
848	mechanism legally available to local government to construct,
849	operate, or maintain stormwater systems, a county or
850	municipality may:
851	(3) Create, alone or in cooperation with counties,
852	municipalities, and special districts pursuant to the Interlocal
853	Cooperation Act, s. 163.01, one or more stormwater management
854	system benefit areas. All property owners within said area may
855	be assessed a per acreage fee to fund the planning,
856	construction, operation, maintenance, and administration of a
857	public stormwater management system for the benefited area. Any
858	benefit area containing different land uses which receive
859	substantially different levels of stormwater benefits shall
860	include stormwater management system benefit subareas which
861	shall be assessed different per acreage fees from subarea to
862	subarea based upon a reasonable relationship to benefits
863	received. The fees shall be calculated to generate sufficient
864	funds to plan, construct, operate, and maintain stormwater
865	management systems called for in the local program required
866	pursuant to s. 403.0891(3). For fees assessed pursuant to this
867	section, counties or municipalities may use the non-ad valorem
868	levy, collection, and enforcement method as provided for in
869	chapter 197.
870	Section 27. Subsections (3) and (12) of section 403.706,
871	Florida Statutes, are amended to read:
872	403.706 Local government solid waste responsibilities.--
873	(3) Each county shall ensure, to the maximum extent
874	possible, that municipalities within its boundaries participate
875	in the preparation and implementation of recycling and solid
876	waste management programs through interlocal agreements pursuant
877	to s. 163.01 or other means provided by law. Nothing in a
878	county's solid waste management or recycling program shall
879	affect the authority of a municipality to franchise or otherwise
880	provide for the collection of solid waste generated within the
881	boundaries of the municipality.
882	(12) It is the policy of the state that a county and its
883	municipalities may jointly determine, through an interlocal
884	agreement pursuant to s. 163.01 orby requesting the passage of
885	special legislation, which local governmental agency shall
886	administer a solid waste management or recycling program.
887	Section 28. Subsection (2) of section 421.11, Florida
888	Statutes, is amended to read:
889	421.11 Cooperation of authorities.--
890	(2) Any county housing authority may enter into an
891	interlocal agreement with one or more local governing bodies
892	pursuant to the provisions of s. 163.01, the Florida Interlocal
893	Cooperation Act of 1969,with respect to projects or programs
894	located within the county or an adjacent county, and any city
895	housing authority may enter into such agreement with respect to
896	projects or programs located within the county, provided that no
897	power granted an authority under s. 421.08 may be reserved to or
898	exercised by a local governing body under such agreement.
899	Section 29. Paragraph (b) of subsection (4) of section
900	445.007, Florida Statutes, is amended to read:
901	445.007 Regional workforce boards; exemption from public
902	meetings law.--
903	(4) In addition to the duties and functions specified by
904	Workforce Florida, Inc., and by the interlocal agreement
905	approved by the local county or city governing bodies, the
906	regional workforce board shall have the following
907	responsibilities:
908	(b) Conclude agreements necessary to designate the fiscal
909	agent and administrative entity. A public or private entity,
910	including an entity established pursuant to s. 163.01,which
911	makes a majority of the appointments to a regional workforce
912	board may serve as the board's administrative entity if approved
913	by Workforce Florida, Inc., based upon a showing that a fair and
914	competitive process was used to select the administrative
915	entity.
916	Section 30. Section 682.02, Florida Statutes, is amended
917	to read:
918	682.02 Arbitration agreements made valid, irrevocable, and
919	enforceable; scope.--Two or more parties may agree in writing to
920	submit to arbitration any controversy existing between them at
921	the time of the agreement, or they may include in a written
922	contract a provision for the settlement by arbitration of any
923	controversy thereafter arising between them relating to such
924	contract or the failure or refusal to perform the whole or any
925	part thereof. This section also applies to written interlocal
926	agreements under s.ss. 163.01 and373.1962 in which two or more
927	parties agree to submit to arbitration any controversy between
928	them concerning water use permit applications and other matters,
929	regardless of whether or not the water management district with
930	jurisdiction over the subject application is a party to the
931	interlocal agreement or a participant in the arbitration. Such
932	agreement or provision shall be valid, enforceable, and
933	irrevocable without regard to the justiciable character of the
934	controversy; provided that this act shall not apply to any such
935	agreement or provision to arbitrate in which it is stipulated
936	that this law shall not apply or to any arbitration or award
937	thereunder.
938	Section 31. Paragraph (a) of subsection (3) of section
939	1013.355, Florida Statutes, is amended to read:
940	1013.355 Educational facilities benefit districts.--
941	(3)(a) An educational facilities benefit district may be
942	created pursuant to this act and chapters 125, 163, 166, and
943	189. An educational facilities benefit district charter may be
944	created by a county or municipality by entering into an
945	interlocal agreement, as authorized by s. 163.01,with the
946	district school board and any local general purpose government
947	within whose jurisdiction a portion of the district is located
948	and adoption of an ordinance that includes all provisions
949	contained within s. 189.4041. The creating entity shall be the
950	local general purpose government within whose boundaries a
951	majority of the educational facilities benefit district's lands
952	are located.
953	Section 32. This act shall take effect upon becoming a
954	law.