Amendment

Bill No. 1027

Amendment No. 972203

CHAMBER ACTION
Senate		House
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1	Representative Russell offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (d) of subsection (1), subsection
6	(3), and paragraph (b) of subsection (4) of section 20.23,
7	Florida Statutes, are amended to read:
8	20.23  Department of Transportation.--There is created a
9	Department of Transportation which shall be a decentralized
10	agency.
11	(1)
12	(d)  The secretary may shall appoint up to three two
13	assistant secretaries who shall be directly responsible to the
14	secretary and who shall perform such duties as are assigned by
15	the secretary. The secretary may delegate to any assistant
16	secretary the authority to act in the absence of the secretary.
17	(3)(a)  The central office shall establish departmental
18	policies, rules, procedures, and standards and shall monitor the
19	implementation of such policies, rules, procedures, and
20	standards in order to ensure uniform compliance and quality
21	performance by the districts and central office units that
22	implement transportation programs.  Major transportation policy
23	initiatives or revisions shall be submitted to the commission
24	for review.
25	(b)  The secretary shall appoint an Assistant Secretary for
26	Transportation Development and Operations and an Assistant
27	Secretary for Transportation Support.
28	(b)(c)  The secretary may appoint positions at the level of
29	deputy assistant secretary or director which the secretary deems
30	necessary to accomplish the mission and goals of the department,
31	including, but not limited to, the areas of program
32	responsibility provided in this paragraph following offices are
33	established and shall be headed by a manager, each of whom shall
34	be appointed by and serve at the pleasure of the secretary. The
35	secretary may combine, separate, or delete offices as needed in
36	consultation with the Executive Office of the Governor. The
37	department's areas of program responsibility include, but are
38	not limited to positions shall be classified at a level equal to
39	a division director:
40	1.  The Office of Administration;
41	2.  The Office of Planning and Environmental Management;
42	3.  Public transportation;
43	4.3.  The Office of Design;
44	5.4.  The Office of Highway operations;
45	6.5.  The Office of Right-of-way;
46	7.6.  The Office of Toll operations;
47	8.7.  The Office of Information systems;
48	9.8.  The Office of Motor carrier compliance;
49	10.9.  The Office of Management and budget;
50	11.10.  The Office of Comptroller;
51	12.11.  The Office of Construction;
52	13.12.  The Office of Maintenance; and
53	14.13.  The Office of Materials.
54	(c)(d)  Other offices may be established in accordance with
55	s. 20.04(7). The heads of such offices are exempt from part II
56	of chapter 110. No office or organization shall be created at a
57	level equal to or higher than a division without specific
58	legislative authority.
59	(d)(e)  The secretary shall appoint an inspector general
60	pursuant to s. 20.055 who shall be directly responsible to the
61	secretary and shall serve at the pleasure of the secretary.
62	(e)(f)  The secretary shall appoint a general counsel who
63	shall be directly responsible to the secretary. The general
64	counsel is responsible for all legal matters of the department.
65	The department may employ as many attorneys as it deems
66	necessary to advise and represent the department in all
67	transportation matters.
68	(g)  The secretary shall appoint a state transportation
69	development administrator. This position shall be classified at
70	a level equal to a deputy assistant secretary.
71	(h)  The secretary shall appoint a state transportation
72	operations administrator. This position shall be classified at a
73	level equal to a deputy assistant secretary.
74	(i)  The secretary shall appoint a state public
75	transportation and modal administrator. This position shall be
76	classified at a level equal to a deputy assistant secretary.
77	(4)
78	(b)  Each district secretary may appoint up to three a
79	district directors director for transportation development, a
80	district director for transportation operations, and a district
81	director for transportation support or, until July 1, 2005, each
82	district secretary may appoint up to four a district directors
83	director for planning and programming, a district director for
84	production, a district director for operations, and a district
85	director for administration. These positions are exempt from
86	part II of chapter 110.
87	Section 2.  Paragraphs (j) and (m) of subsection (2) of
88	section 110.205, Florida Statutes, are amended to read:
89	110.205  Career service; exemptions.--
90	(2)  EXEMPT POSITIONS.--The exempt positions that are not
91	covered by this part include the following:
92	(j)  The appointed secretaries, assistant secretaries,
93	deputy secretaries, and deputy assistant secretaries of all
94	departments; the executive directors, assistant executive
95	directors, deputy executive directors, and deputy assistant
96	executive directors of all departments; the directors of all
97	divisions and those positions determined by the department to
98	have managerial responsibilities comparable to such positions,
99	which positions include, but are not limited to, program
100	directors, assistant program directors, district administrators,
101	deputy district administrators, the Director of Central
102	Operations Services of the Department of Children and Family
103	Services, the State Transportation Development Administrator,
104	State Public Transportation and Modal Administrator, district
105	secretaries, district directors of transportation development,
106	transportation operations, transportation support, and the
107	managers of the offices specified in s. 20.23(3)(b) s.
108	20.23(3)(c), of the Department of Transportation. Unless
109	otherwise fixed by law, the department shall set the salary and
110	benefits of these positions in accordance with the rules of the
111	Senior Management Service; and the county health department
112	directors and county health department administrators of the
113	Department of Health.
114	(m)  All assistant division director, deputy division
115	director, and bureau chief positions in any department, and
116	those positions determined by the department to have managerial
117	responsibilities comparable to such positions, which positions
118	include, but are not limited to:
119	1.  Positions in the Department of Health and the
120	Department of Children and Family Services that are assigned
121	primary duties of serving as the superintendent or assistant
122	superintendent of an institution.
123	2.  Positions in the Department of Corrections that are
124	assigned primary duties of serving as the warden, assistant
125	warden, colonel, or major of an institution or that are assigned
126	primary duties of serving as the circuit administrator or deputy
127	circuit administrator.
128	3.  Positions in the Department of Transportation that are
129	assigned primary duties of serving as regional toll managers and
130	managers of offices as defined in s. 20.23(3)(b) s. 20.23(3)(c)
131	and (4)(d), and captains and majors of the Office of Motor
132	Carrier Compliance.
133	4.  Positions in the Department of Environmental Protection
134	that are assigned the duty of an Environmental Administrator or
135	program administrator.
136	5.  Positions in the Department of Health that are assigned
137	the duties of Environmental Administrator, Assistant County
138	Health Department Director, and County Health Department
139	Financial Administrator.
140
141	Unless otherwise fixed by law, the department shall set the
142	salary and benefits of the positions listed in this paragraph in
143	accordance with the rules established for the Selected Exempt
144	Service.
145	Section 3.  Subsections (13) and (15), of section 177.031,
146	Florida Statutes, are amended to read:
147	177.031  Definitions.--As used in this part:
148	(13)  "P.C.P." means permanent control point and shall be
149	considered a reference monument.
150	(a)  "P.C.P.s" set in impervious surfaces must:
151	1.  Be composed of a metal marker with a point of
152	reference.
153	2.  Have a metal cap or disk bearing either the Florida
154	registration number of the professional surveyor and mapper in
155	responsible charge or the certificate of authorization number of
156	the legal entity, which number shall be preceded by LS or LB as
157	applicable and the letters "P.C.P."
158	(b)  "P.C.P.s" set in pervious surfaces must:
159	1.  Consist of a metal rod having a minimum length of 18
160	inches and a minimum cross-section area of material of 0.2
161	square inches In certain materials, encasement in concrete is
162	optional for stability of the rod. When used, encased in
163	concrete. the concrete shall have a minimum cross-section area
164	of 12.25 square inches and be a minimum of 24 inches long.
165	2.  Be identified with a durable marker or cap with the
166	point of reference marked thereon bearing either the Florida
167	registration number of the professional surveyor and mapper in
168	responsible charge or the certificate of authorization number of
169	the legal entity, which number shall be preceded by LS or LB as
170	applicable and the letters "P.C.P."
171	(c)  "P.C.P.s" must be detectable with conventional
172	instruments for locating ferrous or magnetic objects.
173	(15)  "P.R.M." means a permanent reference monument which
174	must:
175	(a)  Consist of a metal rod having a minimum length of 18
176	inches and a minimum cross-section area of material of 0.2
177	square inches In certain materials, encasement in concrete is
178	optional for stability of the rod. When used, encased in
179	concrete. the concrete shall have a minimum cross-section area
180	of 12.25 square inches and be a minimum of 24 inches long.
181	(b)  Be identified with a durable marker or cap with the
182	point of reference marked thereon bearing either the Florida
183	registration number of the professional surveyor and mapper in
184	responsible charge or the certificate of authorization number of
185	the legal entity, which number shall be preceded by LS or LB as
186	applicable and the letters "P.R.M."
187	(c)  Be detectable with conventional instruments for
188	locating ferrous or magnetic objects.
189
190	If the location of the "P.R.M." falls in a hard surface such as
191	asphalt or concrete, alternate monumentation may be used that is
192	durable and identifiable.
193	Section 4.  Section 339.175, Florida Statutes, is amended
194	to read:
195	339.175  Metropolitan planning organization.--It is the
196	intent of the Legislature to encourage and promote the safe and
197	efficient management, operation, and development of surface
198	transportation systems that will serve the mobility needs of
199	people and freight within and through urbanized areas of this
200	state while minimizing transportation-related fuel consumption
201	and air pollution. To accomplish these objectives, metropolitan
202	planning organizations, referred to in this section as M.P.O.'s,
203	shall develop, in cooperation with the state and public transit
204	operators, transportation plans and programs for metropolitan
205	areas. The plans and programs for each metropolitan area must
206	provide for the development and integrated management and
207	operation of transportation systems and facilities, including
208	pedestrian walkways and bicycle transportation facilities that
209	will function as an intermodal transportation system for the
210	metropolitan area, based upon the prevailing principles provided
211	in s. 334.046(1).  The process for developing such plans and
212	programs shall provide for consideration of all modes of
213	transportation and shall be continuing, cooperative, and
214	comprehensive, to the degree appropriate, based on the
215	complexity of the transportation problems to be addressed. To
216	ensure that the process is integrated with the statewide
217	planning process, M.P.O.'s shall develop plans and programs that
218	identify transportation facilities that should function as an
219	integrated metropolitan transportation system, giving emphasis
220	to facilities that serve important national, state, and regional
221	transportation functions. For the purposes of this section,
222	those facilities include the facilities on the Strategic
223	Intermodal System designated under s. 339.63.
224	(1)  DESIGNATION.--
225	(a)1.  An M.P.O. shall be designated for each urbanized
226	area of the state; however, this does not require that an
227	individual M.P.O. be designated for each such area.  Such
228	designation shall be accomplished by agreement between the
229	Governor and units of general-purpose local government
230	representing at least 75 percent of the population of the
231	urbanized area; however, the unit of general-purpose local
232	government that represents the central city or cities within the
233	M.P.O. jurisdiction, as defined by the United States Bureau of
234	the Census, must be a party to such agreement.
235	2.  More than one M.P.O. may be designated within an
236	existing metropolitan planning area only if the Governor and the
237	existing M.P.O. determine that the size and complexity of the
238	existing metropolitan planning area makes the designation of
239	more than one M.P.O. for the area appropriate.
240	(b)  Each M.P.O. shall be created and operated under the
241	provisions of this section pursuant to an interlocal agreement
242	entered into pursuant to s. 163.01.  The signatories to the
243	interlocal agreement shall be the department and the
244	governmental entities designated by the Governor for membership
245	on the M.P.O. If there is a conflict between this section and s.
246	163.01, this section prevails.
247	(c)  The jurisdictional boundaries of an M.P.O. shall be
248	determined by agreement between the Governor and the applicable
249	M.P.O.  The boundaries must include at least the metropolitan
250	planning area, which is the existing urbanized area and the
251	contiguous area expected to become urbanized within a 20-year
252	forecast period, and may encompass the entire metropolitan
253	statistical area or the consolidated metropolitan statistical
254	area.
255	(d)  In the case of an urbanized area designated as a
256	nonattainment area for ozone or carbon monoxide under the Clean
257	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
258	metropolitan planning area in existence as of the date of
259	enactment of this paragraph shall be retained, except that the
260	boundaries may be adjusted by agreement of the Governor and
261	affected metropolitan planning organizations in the manner
262	described in this section. If more than one M.P.O. has authority
263	within a metropolitan area or an area that is designated as a
264	nonattainment area, each M.P.O. shall consult with other
265	M.P.O.'s designated for such area and with the state in the
266	coordination of plans and programs required by this section.
267
268	Each M.P.O. required under this section must be fully operative
269	no later than 6 months following its designation.
270	(2)  VOTING MEMBERSHIP.--
271	(a)  The voting membership of an M.P.O. shall consist of
272	not fewer than 5 or more than 19 apportioned members, the exact
273	number to be determined on an equitable geographic-population
274	ratio basis by the Governor, based on an agreement among the
275	affected units of general-purpose local government as required
276	by federal rules and regulations. The Governor, in accordance
277	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
278	represent municipalities to alternate with representatives from
279	other municipalities within the metropolitan planning area that
280	do not have members on the M.P.O. County commission members
281	shall compose not less than one-third of the M.P.O. membership,
282	except for an M.P.O. with more than 15 members located in a
283	county with a five-member county commission or an M.P.O. with 19
284	members located in a county with no more than 6 county
285	commissioners, in which case county commission members may
286	compose less than one-third percent of the M.P.O. membership,
287	but all county commissioners must be members. All voting members
288	shall be elected officials of general-purpose governments,
289	except that an M.P.O. may include, as part of its apportioned
290	voting members, a member of a statutorily authorized planning
291	board, an official of an agency that operates or administers a
292	major mode of transportation, or an official of the Florida
293	Space Authority. The county commission shall compose not less
294	than 20 percent of the M.P.O. membership if an official of an
295	agency that operates or administers a major mode of
296	transportation has been appointed to an M.P.O.
297	(b)  In metropolitan areas in which authorities or other
298	agencies have been or may be created by law to perform
299	transportation functions and are performing transportation
300	functions that are not under the jurisdiction of a general
301	purpose local government represented on the M.P.O., they shall
302	be provided voting membership on the M.P.O. In all other
303	M.P.O.'s where transportation authorities or agencies are to be
304	represented by elected officials from general purpose local
305	governments, the M.P.O. shall establish a process by which the
306	collective interests of such authorities or other agencies are
307	expressed and conveyed.
308	(c)  Any other provision of this section to the contrary
309	notwithstanding, a chartered county with over 1 million
310	population may elect to reapportion the membership of an M.P.O.
311	whose jurisdiction is wholly within the county. The charter
312	county may exercise the provisions of this paragraph if:
313	1.  The M.P.O. approves the reapportionment plan by a
314	three-fourths vote of its membership;
315	2.  The M.P.O. and the charter county determine that the
316	reapportionment plan is needed to fulfill specific goals and
317	policies applicable to that metropolitan planning area; and
318	3.  The charter county determines the reapportionment plan
319	otherwise complies with all federal requirements pertaining to
320	M.P.O. membership.
321
322	Any charter county that elects to exercise the provisions of
323	this paragraph shall notify the Governor in writing.
324	(d)  Any other provision of this section to the contrary
325	notwithstanding, any county chartered under s. 6(e), Art. VIII
326	of the State Constitution may elect to have its county
327	commission serve as the M.P.O., if the M.P.O. jurisdiction is
328	wholly contained within the county.  Any charter county that
329	elects to exercise the provisions of this paragraph shall so
330	notify the Governor in writing.  Upon receipt of such
331	notification, the Governor must designate the county commission
332	as the M.P.O.  The Governor must appoint four additional voting
333	members to the M.P.O., one of whom must be an elected official
334	representing a municipality within the county, one of whom must
335	be an expressway authority member, one of whom must be a person
336	who does not hold elected public office and who resides in the
337	unincorporated portion of the county, and one of whom must be a
338	school board member.
339	(3)  APPORTIONMENT.--
340	(a)  The Governor shall, with the agreement of the affected
341	units of general-purpose local government as required by federal
342	rules and regulations, apportion the membership on the
343	applicable M.P.O. among the various governmental entities within
344	the area and shall prescribe a method for appointing alternate
345	members who may vote at any M.P.O. meeting that an alternate
346	member attends in place of a regular member.  An appointed
347	alternate member must be an elected official serving the same
348	governmental entity or a general-purpose local government with
349	jurisdiction within all or part of the area that the regular
350	member serves.  The governmental entity so designated shall
351	appoint the appropriate number of members to the M.P.O. from
352	eligible officials.  Representatives of the department shall
353	serve as nonvoting members of the M.P.O.  Nonvoting advisers may
354	be appointed by the M.P.O. as deemed necessary.  The Governor
355	shall review the composition of the M.P.O. membership in
356	conjunction with the decennial census as prepared by the United
357	States Department of Commerce, Bureau of the Census, and
358	reapportion it as necessary to comply with subsection (2).
359	(b)  Except for members who represent municipalities on the
360	basis of alternating with representatives from other
361	municipalities that do not have members on the M.P.O. as
362	provided in paragraph (2)(a), the members of an M.P.O. shall
363	serve 4-year terms. Members who represent municipalities on the
364	basis of alternating with representatives from other
365	municipalities that do not have members on the M.P.O. as
366	provided in paragraph (2)(a) may serve terms of up to 4 years as
367	further provided in the interlocal agreement described in
368	paragraph (1)(b). The membership of a member who is a public
369	official automatically terminates upon the member's leaving his
370	or her elective or appointive office for any reason, or may be
371	terminated by a majority vote of the total membership of a
372	county or city governing entity represented by the member.  A
373	vacancy shall be filled by the original appointing entity.  A
374	member may be reappointed for one or more additional 4-year
375	terms.
376	(c)  If a governmental entity fails to fill an assigned
377	appointment to an M.P.O. within 60 days after notification by
378	the Governor of its duty to appoint, that appointment shall be
379	made by the Governor from the eligible representatives of that
380	governmental entity.
381	(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
382	responsibility of an M.P.O. is to manage a continuing,
383	cooperative, and comprehensive transportation planning process
384	that, based upon the prevailing principles provided in s.
385	334.046(1), results in the development of plans and programs
386	which are consistent, to the maximum extent feasible, with the
387	approved local government comprehensive plans of the units of
388	local government the boundaries of which are within the
389	metropolitan area of the M.P.O.  An M.P.O. shall be the forum
390	for cooperative decisionmaking by officials of the affected
391	governmental entities in the development of the plans and
392	programs required by subsections (5), (6), (7), and (8).
393	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
394	privileges, and authority of an M.P.O. are those specified in
395	this section or incorporated in an interlocal agreement
396	authorized under s. 163.01.  Each M.P.O. shall perform all acts
397	required by federal or state laws or rules, now and subsequently
398	applicable, which are necessary to qualify for federal aid. It
399	is the intent of this section that each M.P.O. shall be involved
400	in the planning and programming of transportation facilities,
401	including, but not limited to, airports, intercity and high-
402	speed rail lines, seaports, and intermodal facilities, to the
403	extent permitted by state or federal law.
404	(a)  Each M.P.O. shall, in cooperation with the department,
405	develop:
406	1.  A long-range transportation plan pursuant to the
407	requirements of subsection (6);
408	2.  An annually updated transportation improvement program
409	pursuant to the requirements of subsection (7); and
410	3.  An annual unified planning work program pursuant to the
411	requirements of subsection (8).
412	(b)  In developing the long-range transportation plan and
413	the transportation improvement program required under paragraph
414	(a), each M.P.O. shall provide for consideration of projects and
415	strategies that will:
416	1.  Support the economic vitality of the metropolitan area,
417	especially by enabling global competitiveness, productivity, and
418	efficiency;
419	2.  Increase the safety and security of the transportation
420	system for motorized and nonmotorized users;
421	3.  Increase the accessibility and mobility options
422	available to people and for freight;
423	4.  Protect and enhance the environment, promote energy
424	conservation, and improve quality of life;
425	5.  Enhance the integration and connectivity of the
426	transportation system, across and between modes, for people and
427	freight;
428	6.  Promote efficient system management and operation; and
429	7.  Emphasize the preservation of the existing
430	transportation system.
431	(c)  In order to provide recommendations to the department
432	and local governmental entities regarding transportation plans
433	and programs, each M.P.O. shall:
434	1.  Prepare a congestion management system for the
435	metropolitan area and cooperate with the department in the
436	development of all other transportation management systems
437	required by state or federal law;
438	2.  Assist the department in mapping transportation
439	planning boundaries required by state or federal law;
440	3.  Assist the department in performing its duties relating
441	to access management, functional classification of roads, and
442	data collection;
443	4.  Execute all agreements or certifications necessary to
444	comply with applicable state or federal law;
445	5.  Represent all the jurisdictional areas within the
446	metropolitan area in the formulation of transportation plans and
447	programs required by this section; and
448	6.  Perform all other duties required by state or federal
449	law.
450	(d)  Each M.P.O. shall appoint a technical advisory
451	committee that includes planners; engineers; representatives of
452	local aviation authorities, port authorities, and public transit
453	authorities or representatives of aviation departments, seaport
454	departments, and public transit departments of municipal or
455	county governments, as applicable; the school superintendent of
456	each county within the jurisdiction of the M.P.O. or the
457	superintendent's designee; and other appropriate representatives
458	of affected local governments. In addition to any other duties
459	assigned to it by the M.P.O. or by state or federal law, the
460	technical advisory committee is responsible for considering safe
461	access to schools in its review of transportation project
462	priorities, long-range transportation plans, and transportation
463	improvement programs, and shall advise the M.P.O. on such
464	matters. In addition, the technical advisory committee shall
465	coordinate its actions with local school boards and other local
466	programs and organizations within the metropolitan area which
467	participate in school safety activities, such as locally
468	established community traffic safety teams. Local school boards
469	must provide the appropriate M.P.O. with information concerning
470	future school sites and in the coordination of transportation
471	service.
472	(e)1.  Each M.P.O. shall appoint a citizens' advisory
473	committee, the members of which serve at the pleasure of the
474	M.P.O. The membership on the citizens' advisory committee must
475	reflect a broad cross section of local residents with an
476	interest in the development of an efficient, safe, and cost-
477	effective transportation system. Minorities, the elderly, and
478	the handicapped must be adequately represented.
479	2.  Notwithstanding the provisions of subparagraph 1., an
480	M.P.O. may, with the approval of the department and the
481	applicable federal governmental agency, adopt an alternative
482	program or mechanism to ensure citizen involvement in the
483	transportation planning process.
484	(f)  The department shall allocate to each M.P.O., for the
485	purpose of accomplishing its transportation planning and
486	programming duties, an appropriate amount of federal
487	transportation planning funds.
488	(g)  Each M.P.O. may employ personnel or may enter into
489	contracts with local or state agencies, private planning firms,
490	or private engineering firms to accomplish its transportation
491	planning and programming duties required by state or federal
492	law.
493	(h)  A chair's coordinating committee is created, composed
494	of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
495	Pinellas, Polk, and Sarasota Counties. The committee must, at a
496	minimum:
497	1.  Coordinate transportation projects deemed to be
498	regionally significant by the committee.
499	2.  Review the impact of regionally significant land use
500	decisions on the region.
501	3.  Review all proposed regionally significant
502	transportation projects in the respective transportation
503	improvement programs which affect more than one of the M.P.O.'s
504	represented on the committee.
505	4.  Institute a conflict resolution process to address any
506	conflict that may arise in the planning and programming of such
507	regionally significant projects.
508	(i)1.  The Legislature finds that the state's rapid growth
509	in recent decades has caused many urbanized areas subject to
510	M.P.O. jurisdiction to become contiguous to each other. As a
511	result, various transportation projects may cross from the
512	jurisdiction of one M.P.O. into the jurisdiction of another
513	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
514	have been mandated, M.P.O.'s shall develop coordination
515	mechanisms with one another to expand and improve transportation
516	within the state. The appropriate method of coordination between
517	M.P.O.'s shall vary depending upon the project involved and
518	given local and regional needs. Consequently, it is appropriate
519	to set forth a flexible methodology that can be used by M.P.O.'s
520	to coordinate with other M.P.O.'s and appropriate political
521	subdivisions as circumstances demand.
522	2.  Any M.P.O. may join with any other M.P.O. or any
523	individual political subdivision to coordinate activities or to
524	achieve any federal or state transportation planning or
525	development goals or purposes consistent with federal or state
526	law. When an M.P.O. determines that it is appropriate to join
527	with another M.P.O. or any political subdivision to coordinate
528	activities, the M.P.O. or political subdivision shall enter into
529	an interlocal agreement pursuant to s. 163.01, which, at a
530	minimum, creates a separate legal or administrative entity to
531	coordinate the transportation planning or development activities
532	required to achieve the goal or purpose; provide the purpose for
533	which the entity is created; provide the duration of the
534	agreement and the entity, and specify how the agreement may be
535	terminated, modified, or rescinded; describe the precise
536	organization of the entity, including who has voting rights on
537	the governing board, whether alternative voting members are
538	provided for, how voting members are appointed, and what the
539	relative voting strength is for each constituent M.P.O. or
540	political subdivision; provide the manner in which the parties
541	to the agreement will provide for the financial support of the
542	entity and payment of costs and expenses of the entity; provide
543	the manner in which funds may be paid to and disbursed from the
544	entity; and provide how members of the entity will resolve
545	disagreements regarding interpretation of the interlocal
546	agreement or disputes relating to the operation of the entity.
547	Such interlocal agreement shall become effective upon its
548	recordation in the official public records of each county in
549	which a member of the entity created by the interlocal agreement
550	has a voting member. This paragraph does not require any
551	M.P.O.'s to merge, combine, or otherwise join together as a
552	single M.P.O.
553	(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
554	develop a long-range transportation plan that addresses at least
555	a 20-year planning horizon. The plan must include both long-
556	range and short-range strategies and must comply with all other
557	state and federal requirements. The prevailing principles to be
558	considered in the long-range transportation plan are: preserving
559	the existing transportation infrastructure; enhancing Florida's
560	economic competitiveness; and improving travel choices to ensure
561	mobility. The long-range transportation plan must be consistent,
562	to the maximum extent feasible, with future land use elements
563	and the goals, objectives, and policies of the approved local
564	government comprehensive plans of the units of local government
565	located within the jurisdiction of the M.P.O. The approved long-
566	range transportation plan must be considered by local
567	governments in the development of the transportation elements in
568	local government comprehensive plans and any amendments thereto.
569	The long-range transportation plan must, at a minimum:
570	(a)  Identify transportation facilities, including, but not
571	limited to, major roadways, airports, seaports, spaceports,
572	commuter rail systems, transit systems, and intermodal or
573	multimodal terminals that will function as an integrated
574	metropolitan transportation system.  The long-range
575	transportation plan must give emphasis to those transportation
576	facilities that serve national, statewide, or regional
577	functions, and must consider the goals and objectives identified
578	in the Florida Transportation Plan as provided in s. 339.155. If
579	a project is located within the boundaries of more than one
580	M.P.O., the M.P.O.'s must coordinate plans regarding the project
581	in the long-range transportation plan.
582	(b)  Include a financial plan that demonstrates how the
583	plan can be implemented, indicating resources from public and
584	private sources which are reasonably expected to be available to
585	carry out the plan, and recommends any additional financing
586	strategies for needed projects and programs. The financial plan
587	may include, for illustrative purposes, additional projects that
588	would be included in the adopted long-range transportation plan
589	if reasonable additional resources beyond those identified in
590	the financial plan were available. For the purpose of developing
591	the long-range transportation plan, the M.P.O. and the
592	department shall cooperatively develop estimates of funds that
593	will be available to support the plan implementation. Innovative
594	financing techniques may be used to fund needed projects and
595	programs.  Such techniques may include the assessment of tolls,
596	the use of value capture financing, or the use of value pricing.
597	(c)  Assess capital investment and other measures necessary
598	to:
599	1.  Ensure the preservation of the existing metropolitan
600	transportation system including requirements for the operation,
601	resurfacing, restoration, and rehabilitation of major roadways
602	and requirements for the operation, maintenance, modernization,
603	and rehabilitation of public transportation facilities; and
604	2.  Make the most efficient use of existing transportation
605	facilities to relieve vehicular congestion and maximize the
606	mobility of people and goods.
607	(d)  Indicate, as appropriate, proposed transportation
608	enhancement activities, including, but not limited to,
609	pedestrian and bicycle facilities, scenic easements,
610	landscaping, historic preservation, mitigation of water
611	pollution due to highway runoff, and control of outdoor
612	advertising.
613	(e)  In addition to the requirements of paragraphs (a)-(d),
614	in metropolitan areas that are classified as nonattainment areas
615	for ozone or carbon monoxide, the M.P.O. must coordinate the
616	development of the long-range transportation plan with the State
617	Implementation Plan developed pursuant to the requirements of
618	the federal Clean Air Act.
619
620	In the development of its long-range transportation plan, each
621	M.P.O. must provide the public, affected public agencies,
622	representatives of transportation agency employees, freight
623	shippers, providers of freight transportation services, private
624	providers of transportation, representatives of users of public
625	transit, and other interested parties with a reasonable
626	opportunity to comment on the long-range transportation plan.
627	The long-range transportation plan must be approved by the
628	M.P.O.
629	(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
630	shall, in cooperation with the state and affected public
631	transportation operators, develop a transportation improvement
632	program for the area within the jurisdiction of the M.P.O.  In
633	the development of the transportation improvement program, each
634	M.P.O. must provide the public, affected public agencies,
635	representatives of transportation agency employees, freight
636	shippers, providers of freight transportation services, private
637	providers of transportation, representatives of users of public
638	transit, and other interested parties with a reasonable
639	opportunity to comment on the proposed transportation
640	improvement program.
641	(a)  Each M.P.O. is responsible for developing, annually, a
642	list of project priorities and a transportation improvement
643	program. The prevailing principles to be considered by each
644	M.P.O. when developing a list of project priorities and a
645	transportation improvement program are: preserving the existing
646	transportation infrastructure; enhancing Florida's economic
647	competitiveness; and improving travel choices to ensure
648	mobility. The transportation improvement program will be used to
649	initiate federally aided transportation facilities and
650	improvements as well as other transportation facilities and
651	improvements including transit, rail, aviation, spaceport, and
652	port facilities to be funded from the State Transportation Trust
653	Fund within its metropolitan area in accordance with existing
654	and subsequent federal and state laws and rules and regulations
655	related thereto. The transportation improvement program shall be
656	consistent, to the maximum extent feasible, with the approved
657	local government comprehensive plans of the units of local
658	government whose boundaries are within the metropolitan area of
659	the M.P.O.
660	(b)  Each M.P.O. annually shall prepare a list of project
661	priorities and shall submit the list to the appropriate district
662	of the department by October 1 of each year; however, the
663	department and a metropolitan planning organization may, in
664	writing, agree to vary this submittal date. The list of project
665	priorities must be formally reviewed by the technical and
666	citizens' advisory committees, and approved by the M.P.O.,
667	before it is transmitted to the district. The approved list of
668	project priorities must be used by the district in developing
669	the district work program and must be used by the M.P.O. in
670	developing its transportation improvement program. The annual
671	list of project priorities must be based upon project selection
672	criteria that, at a minimum, consider the following:
673	1.  The approved M.P.O. long-range transportation plan;
674	2.  The Strategic Intermodal System Plan developed under s.
675	339.64.
676	3.2.  The results of the transportation management systems;
677	and
678	4.3.  The M.P.O.'s public-involvement procedures.
679	(c)  The transportation improvement program must, at a
680	minimum:
681	1.  Include projects and project phases to be funded with
682	state or federal funds within the time period of the
683	transportation improvement program and which are recommended for
684	advancement during the next fiscal year and 4 subsequent fiscal
685	years.  Such projects and project phases must be consistent, to
686	the maximum extent feasible, with the approved local government
687	comprehensive plans of the units of local government located
688	within the jurisdiction of the M.P.O.  For informational
689	purposes, the transportation improvement program shall also
690	include a list of projects to be funded from local or private
691	revenues.
692	2.  Include projects within the metropolitan area which are
693	proposed for funding under 23 U.S.C. s. 134 of the Federal
694	Transit Act and which are consistent with the long-range
695	transportation plan developed under subsection(6).
696	3.  Provide a financial plan that demonstrates how the
697	transportation improvement program can be implemented; indicates
698	the resources, both public and private, that are reasonably
699	expected to be available to accomplish the program; identifies
700	any innovative financing techniques that may be used to fund
701	needed projects and programs; and may include, for illustrative
702	purposes, additional projects that would be included in the
703	approved transportation improvement program if reasonable
704	additional resources beyond those identified in the financial
705	plan were available. Innovative financing techniques may include
706	the assessment of tolls, the use of value capture financing, or
707	the use of value pricing.  The transportation improvement
708	program may include a project or project phase only if full
709	funding can reasonably be anticipated to be available for the
710	project or project phase within the time period contemplated for
711	completion of the project or project phase.
712	4.  Group projects and project phases of similar urgency
713	and anticipated staging into appropriate staging periods.
714	5.  Indicate how the transportation improvement program
715	relates to the long-range transportation plan developed under
716	subsection (6), including providing examples of specific
717	projects or project phases that further the goals and policies
718	of the long-range transportation plan.
719	6.  Indicate whether any project or project phase is
720	inconsistent with an approved comprehensive plan of a unit of
721	local government located within the jurisdiction of the M.P.O.
722	If a project is inconsistent with an affected comprehensive
723	plan, the M.P.O. must provide justification for including the
724	project in the transportation improvement program.
725	7.  Indicate how the improvements are consistent, to the
726	maximum extent feasible, with affected seaport, airport, and
727	spaceport master plans and with public transit development plans
728	of the units of local government located within the jurisdiction
729	of the M.P.O. If a project is located within the boundaries of
730	more than one M.P.O., the M.P.O.'s must coordinate plans
731	regarding the project in the transportation improvement program.
732	(d)  Projects included in the transportation improvement
733	program and that have advanced to the design stage of
734	preliminary engineering may be removed from or rescheduled in a
735	subsequent transportation improvement program only by the joint
736	action of the M.P.O. and the department. Except when recommended
737	in writing by the district secretary for good cause, any project
738	removed from or rescheduled in a subsequent transportation
739	improvement program shall not be rescheduled by the M.P.O. in
740	that subsequent program earlier than the 5th year of such
741	program.
742	(e)  During the development of the transportation
743	improvement program, the M.P.O. shall, in cooperation with the
744	department and any affected public transit operation, provide
745	citizens, affected public agencies, representatives of
746	transportation agency employees, freight shippers, providers of
747	freight transportation services, private providers of
748	transportation, representatives of users of public transit, and
749	other interested parties with reasonable notice of and an
750	opportunity to comment on the proposed program.
751	(f)  The adopted annual transportation improvement program
752	for M.P.O.'s in nonattainment or maintenance areas must be
753	submitted to the district secretary and the Department of
754	Community Affairs at least 90 days before the submission of the
755	state transportation improvement program by the department to
756	the appropriate federal agencies. The annual transportation
757	improvement program for M.P.O.'s in attainment areas must be
758	submitted to the district secretary and the Department of
759	Community Affairs at least 45 days before the department submits
760	the state transportation improvement program to the appropriate
761	federal agencies; however, the department, the Department of
762	Community Affairs, and a metropolitan planning organization may,
763	in writing, agree to vary this submittal date.  The Governor or
764	the Governor's designee shall review and approve each
765	transportation improvement program and any amendments thereto.
766	(g)  The Department of Community Affairs shall review the
767	annual transportation improvement program of each M.P.O. for
768	consistency with the approved local government comprehensive
769	plans of the units of local government whose boundaries are
770	within the metropolitan area of each M.P.O. and shall identify
771	those projects that are inconsistent with such comprehensive
772	plans. The Department of Community Affairs shall notify an
773	M.P.O. of any transportation projects contained in its
774	transportation improvement program which are inconsistent with
775	the approved local government comprehensive plans of the units
776	of local government whose boundaries are within the metropolitan
777	area of the M.P.O.
778	(h)  The M.P.O. shall annually publish or otherwise make
779	available for public review the annual listing of projects for
780	which federal funds have been obligated in the preceding year.
781	Project monitoring systems must be maintained by those agencies
782	responsible for obligating federal funds and made accessible to
783	the M.P.O.'s.
784	(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
785	develop, in cooperation with the department and public
786	transportation providers, a unified planning work program that
787	lists all planning tasks to be undertaken during the program
788	year. The unified planning work program must provide a complete
789	description of each planning task and an estimated budget
790	therefor and must comply with applicable state and federal law.
791	(9)  AGREEMENTS.--
792	(a)  Each M.P.O. shall execute the following written
793	agreements, which shall be reviewed, and updated as necessary,
794	every 5 years:
795	1.  An agreement with the department clearly establishing
796	the cooperative relationship essential to accomplish the
797	transportation planning requirements of state and federal law.
798	2.  An agreement with the metropolitan and regional
799	intergovernmental coordination and review agencies serving the
800	metropolitan areas, specifying the means by which activities
801	will be coordinated and how transportation planning and
802	programming will be part of the comprehensive planned
803	development of the area.
804	3.  An agreement with operators of public transportation
805	systems, including transit systems, commuter rail systems,
806	airports, seaports, and spaceports, describing the means by
807	which activities will be coordinated and specifying how public
808	transit, commuter rail, aviation, seaport, and aerospace
809	planning and programming will be part of the comprehensive
810	planned development of the metropolitan area.
811	(b)  An M.P.O. may execute other agreements required by
812	state or federal law or as necessary to properly accomplish its
813	functions.
814	(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
815	COUNCIL.--
816	(a)  A Metropolitan Planning Organization Advisory Council
817	is created to augment, and not supplant, the role of the
818	individual M.P.O.'s in the cooperative transportation planning
819	process described in this section.
820	(b)  The council shall consist of one representative from
821	each M.P.O. and shall elect a chairperson annually from its
822	number.  Each M.P.O. shall also elect an alternate
823	representative from each M.P.O. to vote in the absence of the
824	representative. Members of the council do not receive any
825	compensation for their services, but may be reimbursed from
826	funds made available to council members for travel and per diem
827	expenses incurred in the performance of their council duties as
828	provided in s. 112.061.
829	(c)  The powers and duties of the Metropolitan Planning
830	Organization Advisory Council are to:
831	1.  Enter into contracts with individuals, private
832	corporations, and public agencies.
833	2.  Acquire, own, operate, maintain, sell, or lease
834	personal property essential for the conduct of business.
835	3.  Accept funds, grants, assistance, gifts, or bequests
836	from private, local, state, or federal sources.
837	4.  Establish bylaws and adopt rules pursuant to ss.
838	120.536(1) and 120.54 to implement provisions of law conferring
839	powers or duties upon it.
840	5.  Assist M.P.O.'s in carrying out the urbanized area
841	transportation planning process by serving as the principal
842	forum for collective policy discussion pursuant to law.
843	6.  Serve as a clearinghouse for review and comment by
844	M.P.O.'s on the Florida Transportation Plan and on other issues
845	required to comply with federal or state law in carrying out the
846	urbanized area transportation and systematic planning processes
847	instituted pursuant to s. 339.155.
848	7.  Employ an executive director and such other staff as
849	necessary to perform adequately the functions of the council,
850	within budgetary limitations. The executive director and staff
851	are exempt from part II of chapter 110 and serve at the
852	direction and control of the council.  The council is assigned
853	to the Office of the Secretary of the Department of
854	Transportation for fiscal and accountability purposes, but it
855	shall otherwise function independently of the control and
856	direction of the department.
857	8.  Adopt an agency strategic plan that provides the
858	priority directions the agency will take to carry out its
859	mission within the context of the state comprehensive plan and
860	any other statutory mandates and directions given to the agency.
861	(11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
862	agency of the Federal Government that any provision of this
863	section conflicts with federal laws or regulations, such federal
864	laws or regulations will take precedence to the extent of the
865	conflict until such conflict is resolved.  The department or an
866	M.P.O. may take any necessary action to comply with such federal
867	laws and regulations or to continue to remain eligible to
868	receive federal funds.
869	Section 5.  Subsection (12) is added to section 338.251,
870	Florida Statutes, to read:
871	338.251  Toll Facilities Revolving Trust Fund.--The Toll
872	Facilities Revolving Trust Fund is hereby created for the
873	purpose of encouraging the development and enhancing the
874	financial feasibility of revenue-producing road projects
875	undertaken by local governmental entities in a county or
876	combination of contiguous counties and the turnpike enterprise.
877	(12)  Notwithstanding subsection (4), by agreement with the
878	department, the Emerald Coast Bridge Authority may revise the
879	repayment schedule of any previous advances, which shall not be
880	considered a failure to repay if the effort to undertake a
881	revenue-producing road project is being conducted in good faith
882	and all other requirements of law are met.
883	Section 6.  Section 334.30, Florida Statutes, is amended to
884	read:
885	334.30  Public-private Private transportation facilities.--
886	The Legislature hereby finds and declares that there is a public
887	need for rapid construction of safe and efficient transportation
888	facilities for the purpose of travel within the state, and that
889	it is in the public's interest to provide for the construction
890	of additional safe, convenient, and economical transportation
891	facilities.
892	(1)  The department may receive or solicit proposals and,
893	with legislative approval as evidenced by approval of the
894	project in the department's work program by a separate bill for
895	each facility, enter into agreements with private entities, or
896	consortia thereof, for the building, operation, ownership, or
897	financing of transportation facilities. The department may
898	advance projects programmed in the adopted 5-year work program
899	using funds provided by public-private partnerships or private
900	entities to be reimbursed from department funds for the project
901	as programmed in the adopted work program. The department shall
902	by rule establish an application fee for the submission of
903	proposals under this section. The fee must be sufficient to pay
904	the costs of evaluating the proposals. The department may engage
905	the services of private consultants to assist in the evaluation.
906	Before seeking legislative approval, the department must
907	determine that the proposed project:
908	(a)  Is in the public's best interest;
909	(b)  Would not require state funds to be used unless the
910	project is on the State Highway System there is an overriding
911	state interest; and
912	(c)  Would have adequate safeguards in place to ensure that
913	no additional costs or service disruptions would be realized by
914	the traveling public and citizens of the state in the event of
915	default or cancellation of the agreement by the department.
916
917	The department shall ensure that all reasonable costs to the
918	state and substantially affected local governments and
919	utilities, related to the private transportation facilities that
920	are not part of the State Highway System facility, are borne by
921	the private entity. The department shall also ensure that all
922	reasonable costs to the state and substantially affected local
923	governments and utilities, related to the private transportation
924	facility, are borne by the private entity for transportation
925	facilities that are owned by private entities. For projects on
926	the State Highway System, the department may use state resources
927	to participate in funding and financing the project as provided
928	for under the department's enabling legislation.
929	(2)  Agreements entered into pursuant to this section may
930	authorize the private entity to impose tolls or fares for the
931	use of the facility.  However, the amount and use of toll or
932	fare revenues shall may be regulated by the department to avoid
933	unreasonable costs to users of the facility.
934	(3)  Each private transportation facility constructed
935	pursuant to this section shall comply with all requirements of
936	federal, state, and local laws; state, regional, and local
937	comprehensive plans; department rules, policies, procedures, and
938	standards for transportation facilities; and any other
939	conditions which the department determines to be in the public's
940	best interest.
941	(4)  The department may exercise any power possessed by it,
942	including eminent domain, with respect to the development and
943	construction of state transportation projects to facilitate the
944	development and construction of transportation projects pursuant
945	to this section.  The department may provide services to the
946	private entity.  Agreements for maintenance, law enforcement,
947	and other services entered into pursuant to this section shall
948	provide for full reimbursement for services rendered for
949	projects not on the State Highway System.
950	(5)  Except as herein provided, the provisions of this
951	section are not intended to amend existing laws by granting
952	additional powers to, or further restricting, local governmental
953	entities from regulating and entering into cooperative
954	arrangements with the private sector for the planning,
955	construction, and operation of transportation facilities.
956	(6)  The department may request proposals from private
957	entities for public-private transportation projects or, if the
958	department receives an unsolicited proposal, the department
959	shall publish a notice in the Florida Administrative Weekly and
960	a newspaper of general circulation at least once a week for 2
961	weeks stating that the department has received the proposal and
962	will accept, for 60 days after the initial date of publication,
963	other proposals for the same project purpose. A copy of the
964	notice must be mailed to each local government in the affected
965	area. After the public notification period has expired, the
966	department shall rank the proposals in order of preference. In
967	ranking the proposals the department may consider factors,
968	including, but not limited to, professional qualifications,
969	general business terms, innovative engineering or cost-reduction
970	terms, finance plans, and the need for state funds to deliver
971	the project. If the department is not satisfied with the results
972	of the negotiations, the department may, at its sole discretion,
973	terminate negotiations with the proposer. If these negotiations
974	are unsuccessful, the department may go to the second-ranked and
975	lower-ranked firms, in order, using this same procedure. If only
976	one proposal is received, the department may negotiate in good
977	faith and, if the department is not satisfied with the results
978	of the negotiations, the department may, at its sole discretion,
979	terminate negotiations with the proposer. Notwithstanding this
980	subsection, the department may, at its discretion, reject all
981	proposals at any point in the process up to completion of a
982	contract with the proposer.
983	(7)  The department may lend funds from the Toll Facilities
984	Revolving Trust Fund, as outlined in s. 338.251, to private
985	entities that construct projects on the State Highway System
986	containing toll facilities that are approved under this section.
987	To be eligible, a private entity must comply with s. 338.251 and
988	must provide an indication from a nationally recognized rating
989	agency that the senior bonds for the project will be investment
990	grade, or must provide credit support such as a letter of credit
991	or other means acceptable to the department, to ensure that the
992	loans will be fully repaid. The state's liability for the
993	funding of a facility is limited to the amount approved for that
994	specific facility in the department's 5-year work program
995	adopted pursuant to s. 339.135.
996	(8)(6)  A fixed-guideway transportation system authorized
997	by the department to be wholly or partially within the
998	department's right-of-way pursuant to a lease granted under s.
999	337.251 may operate at any safe speed.
1000	Section 7.  Subsection (6) of section 338.001, Florida
1001	Statutes, is amended to read:
1002	338.001  Florida Intrastate Highway System Plan.--
1003	(6)  For the purposes of developing the proposed plan,
1004	beginning in fiscal year 2003-2004 1993-1994 and for each fiscal
1005	year thereafter, the minimum amount allocated shall be based on
1006	the fiscal year 2003-2004 1992-1993 allocation of $450 $151.3
1007	million adjusted annually by the change in the Consumer Price
1008	Index for the prior fiscal year compared to the Consumer Price
1009	Index for fiscal year 2003-2004 1991-1992.  No amounts from the
1010	funds dedicated to the Florida Intrastate Highway System shall
1011	be allocated to turnpike projects after the 1993-1994 fiscal
1012	year.
1013	Section 8.  Section 339.08, Florida Statutes, is amended to
1014	read:
1015	339.08  Use of moneys in State Transportation Trust Fund.--
1016	(1)  The department shall expend by rule provide for the
1017	expenditure of the moneys in the State Transportation Trust Fund
1018	accruing to the department, in accordance with its annual
1019	budget.
1020	(2)  These rules must restrict The use of such moneys shall
1021	be restricted to the following purposes:
1022	(a)  To pay administrative expenses of the department,
1023	including administrative expenses incurred by the several state
1024	transportation districts, but excluding administrative expenses
1025	of commuter rail authorities that do not operate rail service.
1026	(b)  To pay the cost of construction of the State Highway
1027	System.
1028	(c)  To pay the cost of maintaining the State Highway
1029	System.
1030	(d)  To pay the cost of public transportation projects in
1031	accordance with chapter 341 and ss. 332.003-332.007.
1032	(e)  To reimburse counties or municipalities for
1033	expenditures made on projects in the State Highway System as
1034	authorized by s. 339.12(4) upon legislative approval.
1035	(f)  To pay the cost of economic development transportation
1036	projects in accordance with s. 288.063.
1037	(g)  To lend or pay a portion of the operating,
1038	maintenance, and capital costs of a revenue-producing
1039	transportation project that is located on the State Highway
1040	System or that is demonstrated to relieve traffic congestion on
1041	the State Highway System.
1042	(h)  To match any federal-aid funds allocated for any other
1043	transportation purpose, including funds allocated to projects
1044	not located in the State Highway System.
1045	(i)  To pay the cost of county road projects selected in
1046	accordance with the Small County Road Assistance Program created
1047	in s. 339.2816.
1048	(j)  To pay the cost of county or municipal road projects
1049	selected in accordance with the County Incentive Grant Program
1050	created in s. 339.2817 and the Small County Outreach Program
1051	created in s. 339.2818.
1052	(k)  To provide loans and credit enhancements for use in
1053	constructing and improving highway transportation facilities
1054	selected in accordance with the state-funded infrastructure bank
1055	created in s. 339.55.
1056	(l)  To pay the cost of projects on the Florida Strategic
1057	Intermodal System created in s. 339.61 fund the Transportation
1058	Outreach Program created in s. 339.137.
1059	(m)  To pay other lawful expenditures of the department.
1060	(2)(3)  Unless specifically provided in the General
1061	Appropriations Act or the substantive bill implementing the
1062	General Appropriations Act, no moneys in the State
1063	Transportation Trust Fund may be used to fund the operational or
1064	capital outlay cost for any correctional facility of the
1065	Department of Corrections.  The department shall, however, enter
1066	into contractual arrangements with the Department of Corrections
1067	for those specific maintenance functions that can be performed
1068	effectively by prison inmates under the supervision of
1069	Department of Corrections personnel with technical assistance
1070	being provided by the department.  The cost of such contracts
1071	must not exceed the cost that would be incurred by the
1072	department if these functions were to be performed by its
1073	personnel or by contract with another entity unless,
1074	notwithstanding cost, the department can clearly demonstrate
1075	that for reasons of expediency or efficiency it is in the best
1076	interests of the department to contract with the Department of
1077	Corrections.
1078	(3)(4)  The department may authorize the investment of the
1079	earnings accrued and collected upon the investment of the
1080	minimum balance of funds required to be maintained in the State
1081	Transportation Trust Fund pursuant to s. 339.135(6)(b). Such
1082	investment shall be limited as provided in s. 288.9607(7).
1083	(4)(5)  For the 2003-2004 fiscal year only and
1084	notwithstanding the provisions of this section and s. 339.09(1),
1085	$200 million may be transferred from the State Transportation
1086	Trust Fund to the General Revenue Fund in the 2003-2004 General
1087	Appropriations Act. Such transfer may be comprised of several
1088	smaller transfers made during the 2003-2004 fiscal year.
1089	Notwithstanding ss. 206.46(3) and 206.606(2), the total amount
1090	transferred shall be reduced from total state revenues deposited
1091	into the State Transportation Trust Fund for the calculation
1092	requirements of ss. 206.46(3) and 206.606(2). This subsection
1093	expires July 1, 2004.
1094	Section 9.  Paragraph (a) of subsection (4) of section
1095	339.135, Florida Statutes, is amended to read:
1096	339.135  Work program; legislative budget request;
1097	definitions; preparation, adoption, execution, and amendment.--
1098	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
1099	(a)1.  To assure that no district or county is penalized
1100	for local efforts to improve the State Highway System, the
1101	department shall, for the purpose of developing a tentative work
1102	program, allocate funds for new construction to the districts,
1103	except for the turnpike enterprise, based on equal parts of
1104	population and motor fuel tax collections. Funds for
1105	resurfacing, bridge repair and rehabilitation, bridge fender
1106	system construction or repair, public transit projects except
1107	public transit block grants as provided in s. 341.052, and other
1108	programs with quantitative needs assessments shall be allocated
1109	based on the results of these assessments. The department may
1110	not transfer any funds allocated to a district under this
1111	paragraph to any other district except as provided in subsection
1112	(7). Funds for public transit block grants shall be allocated to
1113	the districts pursuant to s. 341.052. Funds for the intercity
1114	bus program provided for under s. 5311(f) of the federal
1115	nonurbanized area formula program shall be administered and
1116	allocated directly to eligible bus carriers as defined in s.
1117	341.031(12) at the state level rather than the district.  In
1118	order to provide state funding to support the intercity bus
1119	program provided for under provisions of the federal 5311(f)
1120	program, the department shall allocate an amount equal to the
1121	federal share of the 5311(f) program from amounts calculated
1122	pursuant to s. 206.46(3).
1123	2.  Notwithstanding the provisions of subparagraph 1., the
1124	department shall allocate at least 50 percent of any new
1125	discretionary highway capacity funds to the Florida Strategic
1126	Intermodal Intrastate Highway System created established
1127	pursuant to s. 339.61 s. 338.001.  Any remaining new
1128	discretionary highway capacity funds shall be allocated to the
1129	districts for new construction as provided in subparagraph 1.
1130	For the purposes of this subparagraph, the term "new
1131	discretionary highway capacity funds" means any funds available
1132	to the department above the prior year funding level for
1133	capacity improvements, which the department has the discretion
1134	to allocate to highway projects.
1135	Section 10.  Section 339.137, Florida Statutes, is
1136	repealed.
1137	Section 11.  Section 339.1371, Florida Statutes, is amended
1138	to read:
1139	339.1371  Mobility 2000; Transportation Outreach Program;
1140	funding.--
1141	(1)  Beginning in fiscal year 2000-2001 the Department of
1142	Transportation shall allocate sufficient funds to implement the
1143	Mobility 2000 (Building Roads for the 21st Century) initiative.
1144	The department shall develop a plan to expend these revenues and
1145	amend the current tentative work program for the time period
1146	2000-2001 through 2004-2005 prior to adoption to include
1147	Mobility 2000 projects. In addition, prior to work program
1148	adoption, the department shall submit a budget amendment
1149	pursuant to s. 339.135(7), requesting budget authority needed to
1150	implement the Mobility 2000 initiative. Funds will be used for
1151	corridors that link Florida's economic regions to seaports,
1152	international airports, and markets to provide connections
1153	through major gateways, improved mobility in major urbanized
1154	areas, and access routes for emergency evacuation to coastal
1155	communities based on analysis of current and projected traffic
1156	conditions.
1157	(2)  Notwithstanding any other provision of law, in fiscal
1158	year 2001-2002 and each year thereafter, the increase in revenue
1159	to the State Transportation Trust Fund derived from ss. 1, 2, 3,
1160	7, 9, and 10, ch. 2000-257, Laws of Florida, shall be first used
1161	by the Department of Transportation to fund the Mobility 2000
1162	initiative and any remaining funds shall be used to fund the
1163	Florida Strategic Intermodal System Transportation Outreach
1164	Program created pursuant to s. 339.61 s. 339.137.
1165	Notwithstanding any other law to the contrary, the requirements
1166	of ss. 206.46(3) and 206.606(2) shall not apply to the Mobility
1167	2000 initiative.
1168	Section 12.  Subsection (1) of section 339.61, Florida
1169	Statutes, is amended to read:
1170	339.61  Florida Strategic Intermodal System; legislative
1171	findings, declaration, and intent.--
1172	(1)  There is hereby created the Florida Strategic
1173	Intermodal System. For purposes of funding projects under the
1174	system, the department shall allocate from the State
1175	Transportation Trust Fund in its program and resource plan a
1176	minimum of $60 million each year, beginning in the 2004-2005
1177	fiscal year. This allocation of funds is in addition to any
1178	funding provided to this system by any other provision of law.
1179	Section 13.  Subsection (1) of section 337.401, Florida
1180	Statutes, is amended to read:
1181	337.401  Use of right-of-way for utilities subject to
1182	regulation; permit; fees.--
1183	(1)  The department and local governmental entities,
1184	referred to in ss. 337.401-337.404 as the "authority," that have
1185	jurisdiction and control of public roads or publicly owned rail
1186	corridors are authorized to prescribe and enforce reasonable
1187	rules or regulations with reference to the placing and
1188	maintaining along, across, or on any road or publicly owned rail
1189	corridors under their respective jurisdictions any electric
1190	transmission, telephone, telegraph, or other communications
1191	services lines; pole lines; poles; railways; ditches; sewers;
1192	water, heat, or gas mains; pipelines; fences; gasoline tanks and
1193	pumps; or other structures hereinafter referred to as the
1194	"utility." The department may enter into a permit-delegation
1195	agreement with a governmental entity if issuance of a permit is
1196	based on requirements that the department finds will ensure the
1197	safety and integrity of facilities of the Department of
1198	Transportation; however, the permit-delegation agreement does
1199	not apply to facilities of electric utilities as defined in s.
1200	366.02(2).
1201	Section 14.  Section 95.361, Florida Statutes, is amended
1202	to read:
1203	95.361  Roads presumed to be dedicated.--
1204	(1)  When a road, constructed by a county, a municipality,
1205	or the Department of Transportation, has been maintained or
1206	repaired continuously and uninterruptedly for 4 years by the
1207	county, municipality, or the Department of Transportation,
1208	jointly or severally, the road shall be deemed to be dedicated
1209	to the public to the extent in width that has been actually
1210	maintained for the prescribed period, whether or not the road
1211	has been formally established as a public highway.  The
1212	dedication shall vest all right, title, easement, and
1213	appurtenances in and to the road in:
1214	(a)  The county, if it is a county road;
1215	(b)  The municipality, if it is a municipal street or road;
1216	or
1217	(c)  The state, if it is a road in the State Highway System
1218	or State Park Road System,
1219
1220	whether or not there is a record of a conveyance, dedication, or
1221	appropriation to the public use.
1222	(2)  In those instances where a road has been constructed
1223	by a nongovernmental entity, or where the road was not
1224	constructed by the entity currently maintaining or repairing it,
1225	or where it cannot be determined who constructed the road, and
1226	when such road has been regularly maintained or repaired for the
1227	immediate past 7 years by a county, a municipality, or the
1228	Department of Transportation, whether jointly or severally, such
1229	road shall be deemed to be dedicated to the public to the extent
1230	of the width that actually has been maintained or repaired for
1231	the prescribed period, whether or not the road has been formally
1232	established as a public highway. This subsection shall not apply
1233	to an electric utility, as defined in s. 366.02(2) The
1234	dedication shall vest all rights, title, easement, and
1235	appurtenances in and to the road in:
1236	(a)  The county, if it is a county road;
1237	(b)  The municipality, if it is a municipal street or road;
1238	or
1239	(c)  The state, if it is a road in the State Highway System
1240	or State Park Road System,
1241
1242	whether or not there is a record of conveyance, dedication, or
1243	appropriation to the public use.
1244	(3)  The filing of a map in the office of the clerk of the
1245	circuit court of the county where the road is located showing
1246	the lands and reciting on it that the road has vested in the
1247	state, a county, or a municipality in accordance with subsection
1248	(1) or subsection (2) or by any other means of acquisition, duly
1249	certified by:
1250	(a)  The secretary of the Department of Transportation, or
1251	the secretary's designee, if the road is a road in the State
1252	Highway System or State Park Road System;
1253	(b)  The chair and clerk of the board of county
1254	commissioners of the county, if the road is a county road; or
1255	(c)  The mayor and clerk of the municipality, if the road
1256	is a municipal road or street,
1257
1258	shall be prima facie evidence of ownership of the land by the
1259	state, county, or municipality, as the case may be.
1260	(4)  Any person, firm, corporation, or entity having or
1261	claiming any interest in and to any of the property affected by
1262	subsection (2) shall have and is hereby allowed a period of 1
1263	year after the effective date of this subsection, or a period of
1264	7 years after the initial date of regular maintenance or repair
1265	of the road, whichever period is greater, to file a claim in
1266	equity or with a court of law against the particular governing
1267	authority assuming jurisdiction over such property to cause a
1268	cessation of the maintenance and occupation of the property.
1269	Such timely filed and adjudicated claim shall prevent the
1270	dedication of the road to the public pursuant to subsection (2).
1271	(5)  This section does not apply to any facility of an
1272	electric utility which is located on property otherwise subject
1273	to this section.
1274	Section 15.  Subsections (2) and (6) of section 341.8203,
1275	Florida Statutes, are amended to read:
1276	341.8203  Definitions.--As used in this act, unless the
1277	context clearly indicates otherwise, the term:
1278	(2)  "Authority" means the Florida High-Speed Rail
1279	Authority and its agents. However, for purposes of s. 341.840,
1280	the term does not include any agent of the authority except as
1281	provided in that section.
1282	(6)  "High-speed rail system" means any high-speed fixed
1283	guideway system for transporting people or goods, which system
1284	is capable of operating at speeds in excess of 120 miles per
1285	hour, including, but not limited to, a monorail system, dual
1286	track rail system, suspended rail system, magnetic levitation
1287	system, pneumatic repulsion system, or other system approved by
1288	the authority. The term includes a corridor and structures
1289	essential to the operation of the line, including the land,
1290	structures, improvements, rights-of-way, easements, rail lines,
1291	rail beds, guideway structures, stations, platforms, switches,
1292	yards, parking facilities, power relays, switching houses, and
1293	rail stations, associated development, and also includes any
1294	other facilities or equipment used exclusively or useful for the
1295	purposes of high-speed rail system design, construction,
1296	operation, maintenance, or the financing of the high-speed rail
1297	system.
1298	Section 16.  Section 341.840, Florida Statutes, is amended
1299	to read:
1300	341.840  Tax exemption.--
1301	(1)  The exercise of the powers granted by this act will be
1302	in all respects for the benefit of the people of this state, for
1303	the increase of their commerce, welfare, and prosperity, and for
1304	the improvement of their health and living conditions., and as
1305	The design, construction building, operation, maintenance, and
1306	financing of a high-speed rail system by the authority, or its
1307	agent, or the owner or lessee thereof, as herein authorized,
1308	constitutes the performance of an essential public function.
1309	(2)(a)  For the purposes of this section, the term
1310	"authority" does not include agents of the authority other than
1311	contractors who qualify as such pursuant to subsection (7).
1312	(b)  For the purposes of this section, any item or property
1313	that is within the definition of "associated development" in s.
1314	341.8203(1) shall not be considered to be part of the high-speed
1315	rail system as defined in s. 341.8203(6).
1316	(3)(a)  Purchases or leases of tangible personal property
1317	or real property by the authority, excluding agents of the
1318	authority, are exempt from taxes imposed by chapter 212 as
1319	provided in s. 212.08(6). Purchases or leases of tangible
1320	personal property that is incorporated into the high-speed rail
1321	system as a component part thereof, as determined by the
1322	authority, by agents of the authority or the owner of the high-
1323	speed rail system are exempt from sales or use taxes imposed by
1324	chapter 212. Leases, rentals, or licenses to use real property
1325	granted to agents of the authority or the owner of the high-
1326	speed rail system are exempt from taxes imposed by s. 212.031 if
1327	the real property becomes part of such system. The exemptions
1328	granted in this subsection do not apply to sales, leases, or
1329	licenses by the authority, agents of the authority, or the owner
1330	of the high-speed rail system.
1331	(b)  The exemption granted in paragraph (a) to purchases or
1332	leases of tangible personal property by agents of the authority
1333	or by the owner of the high-speed rail system applies only to
1334	property that becomes a component part of such system. It does
1335	not apply to items, including, but not limited to, cranes,
1336	bulldozers, forklifts, other machinery and equipment, tools and
1337	supplies, or other items of tangible personal property used in
1338	the construction, operation, or maintenance of the high-speed
1339	rail system when such items are not incorporated into the high-
1340	speed rail system as a component part thereof.
1341	(4)  Any bonds or other, neither the authority, its agent,
1342	nor the owner of such system shall be required to pay any taxes
1343	or assessments upon or in respect to the system or any property
1344	acquired or used by the authority, its agent, or such owner
1345	under the provisions of this act or upon the income therefrom,
1346	any security, and all notes, mortgages, security agreements,
1347	letters of credit, or other instruments that arise out of or are
1348	given to secure the repayment of bonds or other security, issued
1349	by the authority, or on behalf of the authority therefor, their
1350	transfer, and the income therefrom, including any profit made on
1351	the sale thereof, shall at all times be free from taxation of
1352	every kind by the state, the counties, and the municipalities
1353	and other political subdivisions in the state. This subsection,
1354	however, does not exempt from taxation or assessment the
1355	leasehold interest of a lessee in any project or any other
1356	property or interest owned by the lessee. The exemption granted
1357	by this subsection is not applicable to any tax imposed by
1358	chapter 220 on interest income or profits on the sale of debt
1359	obligations owned by corporations.
1360	(5)  When property of the authority is leased to another
1361	person or entity, the property shall be exempt from ad valorem
1362	taxation only if the use by the lessee qualifies the property
1363	for exemption under s. 196.199.
1364	(6)  A leasehold interest held by the authority is not
1365	subject to intangible tax. However, if a leasehold interest held
1366	by the authority is subleased to a nongovernmental lessee, such
1367	subleasehold interest shall be deemed to be an interest
1368	described in s. 199.023(1)(d), and is subject to the intangible
1369	tax.
1370	(7)(a)  In order to be considered an agent of the authority
1371	for purposes of the exemption from sales and use tax granted by
1372	subsection (3) for tangible personal property incorporated into
1373	the high-speed rail system, a contractor of the authority that
1374	purchases or fabricates such tangible personal property must be
1375	certified by the authority as provided in this subsection.
1376	(b)1.  A contractor must apply for a renewal of the
1377	exemption not later than December 1 of each calendar year.
1378	2.  A contractor must apply to the authority on the
1379	application form adopted by the authority, which shall develop
1380	the form in consultation with the Department of Revenue.
1381	3.  The authority shall review each submitted application
1382	and determine whether it is complete. The authority shall notify
1383	the applicant of any deficiencies in the application within 30
1384	days. Upon receipt of a completed application, the authority
1385	shall evaluate the application for exemption under this
1386	subsection and issue a certification that the contractor is
1387	qualified to act as an agent of the authority for purposes of
1388	this section or a denial of such certification within 30 days.
1389	The authority shall provide the Department of Revenue with a
1390	copy of each certification issued upon approval of an
1391	application. Upon receipt of a certification from the authority,
1392	the Department of Revenue shall issue an exemption permit to the
1393	contractor.
1394	(c)1.  The contractor may extend a copy of its exemption
1395	permit to its vendors in lieu of paying sales tax on purchases
1396	of tangible personal property qualifying for exemption under
1397	this section. Possession of a copy of the exemption permit
1398	relieves the seller of the responsibility of collecting tax on
1399	the sale, and the Department of Revenue shall look solely to the
1400	contractor for recovery of tax upon a determination that the
1401	contractor was not entitled to the exemption.
1402	2.  The contractor may extend a copy of its exemption
1403	permit to real property subcontractors supplying and installing
1404	tangible personal property that is exempt under subsection (3).
1405	Any such subcontractor is authorized to extend a copy of the
1406	permit to the subcontractor's vendors in order to purchase
1407	qualifying tangible personal property tax-exempt. If the
1408	subcontractor uses the exemption permit to purchase tangible
1409	personal property that is determined not to qualify for
1410	exemption under subsection (3), the Department of Revenue may
1411	assess and collect any tax, penalties, and interest that are due
1412	from either the contractor holding the exemption permit or the
1413	subcontractor that extended the exemption permit to the seller.
1414	(d)  Any contractor authorized to act as an agent of the
1415	authority under this section shall maintain the necessary books
1416	and records to document the exempt status of purchases and
1417	fabrication costs made or incurred under the permit. In
1418	addition, an authorized contractor extending its exemption
1419	permit to its subcontractors shall maintain a copy of the
1420	subcontractor's books, records, and invoices indicating all
1421	purchases made by the subcontractor under the authorized
1422	contractor's permit. If, in an audit conducted by the Department
1423	of Revenue, it is determined that tangible personal property
1424	purchased or fabricated claiming exemption under this section
1425	does not meet the criteria for exemption, the amount of taxes
1426	not paid at the time of purchase or fabrication shall be
1427	immediately due and payable to the Department of Revenue,
1428	together with the appropriate interest and penalty, computed
1429	from the date of purchase, in the manner prescribed by chapter
1430	212.
1431	(e)  If a contractor fails to apply for a high-speed rail
1432	system exemption permit, or if a contractor initially determined
1433	by the authority to not qualify for exemption is subsequently
1434	determined to be eligible, the contractor shall receive the
1435	benefit of the exemption in this subsection through a refund of
1436	previously paid taxes for transactions that otherwise would have
1437	been exempt. A refund may not be made for such taxes without the
1438	issuance of a certification by the authority that the contractor
1439	was authorized to make purchases tax-exempt and a determination
1440	by the Department of Revenue that the purchases qualified for
1441	the exemption.
1442	(f)  The authority may adopt rules governing the
1443	application process for exemption of a contractor as an
1444	authorized agent of the authority.
1445	(g)  The Department of Revenue may adopt rules governing
1446	the issuance and form of high-speed rail system exemption
1447	permits, the audit of contractors and subcontractors using such
1448	permits, the recapture of taxes on nonqualified purchases, and
1449	the manner and form of refund applications.
1450	Section 17.  Section 343.71, Florida Statutes, is amended
1451	to read:
1452	343.71  Short title.--This part may be cited as the "Tampa
1453	Bay Commuter Transit Rail Authority Act."
1454	Section 18.  Subsection (1) of section 343.72, Florida
1455	Statutes, is amended to read:
1456	343.72  Definitions.--As used in this part, unless the
1457	context clearly indicates otherwise, the term:
1458	(1)  "Authority" means the Tampa Bay Commuter Transit Rail
1459	Authority.
1460	Section 19.  Section 343.73, Florida Statutes, is amended
1461	to read:
1462	343.73  Tampa Bay Commuter Transit Rail Authority.--
1463	(1)  There is created and established a body politic and
1464	corporate, an agency of the state, to be known as the Tampa Bay
1465	Commuter Transit Rail Authority, hereinafter referred to as the
1466	authority.
1467	(2)  The board shall consist of the following members:
1468	(a)  The metropolitan planning organizations of Hernando,
1469	Hillsborough, Pasco, Pinellas, Manatee, Sarasota, and Polk
1470	Counties shall each elect a member as its representative on the
1471	board. The member must be an elected official and a member of
1472	the respective metropolitan planning organization when elected
1473	and for the full extent of his or her term on the board.
1474	(b)  The county commissions of those counties shall each
1475	appoint a citizen member to the board who is not a county
1476	commissioner but who is a resident and a qualified elector of
1477	that county. Insofar as is practicable, the citizen member shall
1478	represent the business and civic interests of the community.
1479	(c)  The Secretary of Transportation shall appoint as a
1480	member of the board the district secretary, or his or her
1481	designee, for each district within the seven five counties
1482	served by the authority.
1483	(d)  The local transit authority in each of the seven five
1484	counties shall elect one member who shall serve as an ex officio
1485	nonvoting member of the board.
1486	(e)  The Governor shall appoint one member to the board who
1487	is a resident and a qualified elector in the area served by the
1488	authority.
1489	(3)  The terms of the county commissioners on the governing
1490	board of the authority shall be 2 years.  All other members on
1491	the governing board of the authority shall serve staggered 4-
1492	year terms.  Each member shall hold office until his or her
1493	successor has been appointed.
1494	(4)  A vacancy during a term shall be filled by the
1495	respective appointing authority within 90 days in the same
1496	manner as the original appointment and only for the balance of
1497	the unexpired term.
1498	(5)  The members of the authority shall not be entitled to
1499	compensation, but shall be reimbursed for travel expenses
1500	actually incurred in their duties as provided by law.
1501	(6)  Members of the authority shall be required to comply
1502	with the applicable financial disclosure requirements of ss.
1503	112.3145, 112.3148, and 112.3149.
1504	Section 20.  Subsection (1) of section 343.74, Florida
1505	Statutes, is amended to read:
1506	343.74  Powers and duties.--
1507	(1)(a)  The authority created by s. 343.73 has the right to
1508	own, operate, maintain, and manage a commuter rail system and
1509	commuter ferry system in Hernando, Hillsborough, Pasco,
1510	Pinellas, Manatee, Sarasota, and Polk Counties.
1511	(b)  It is the express intention of this part that the
1512	authority be authorized to plan, develop, own, purchase, lease,
1513	or otherwise acquire, demolish, construct, improve, relocate,
1514	equip, repair, maintain, operate, and manage a commuter rail
1515	system, commuter rail facilities, or commuter ferry system; to
1516	establish and determine such policies as may be necessary for
1517	the best interest of the operation and promotion of a commuter
1518	rail system and commuter ferry system; and to adopt such rules
1519	as may be necessary to govern the operation of a commuter rail
1520	system, commuter rail facilities, and commuter ferry system.
1521	Section 21.  Subsection (1) of section 3 of chapter 57-
1522	1658, Laws of Florida, as created by chapter 88-474, Laws of
1523	Florida, is amended to read:
1524	Section 3.  Greater Orlando Aviation Authority.
1525	(1)  There is hereby created a board or commission to be
1526	known as the "Greater Orlando Aviation Authority," and by that
1527	name the authority may sue and be sued, plead and be impleaded,
1528	contract and be contracted with, and have an official seal.  The
1529	authority is hereby constituted an agency of the city, and
1530	exercise by the authority of the powers conferred by this act
1531	shall be deemed and held to be an essential municipal function
1532	of the city. The authority shall consist of seven members who
1533	shall be elected or appointed as follows:  one member shall be
1534	the mayor of the City of an incumbent member of the Orlando City
1535	Council, who may be the mayor-commissioner or any other
1536	commissioner elected by a majority vote of such council; one
1537	member shall be the chairman an incumbent member of the Board of
1538	County Commissioners of Orange County, Florida, who may be the
1539	chairman or any other commissioner elected by a majority vote of
1540	such commission; and five members shall be appointed by the
1541	Governor, subject to confirmation by the Senate. Three members
1542	appointed by the Governor shall be residents and electors of
1543	Orange County, Florida; one member appointed by the Governor
1544	shall be a resident and elector of Osceola County, Florida,
1545	effective April 1992; and, one member appointed by the Governor
1546	shall be a resident and elector of Orange County, Florida, or
1547	Seminole County, Florida. All seven members shall be entitled to
1548	an equal voice and vote on all matters relating to the authority
1549	and its business.  Two of the five appointed members initially
1550	appointed by the Governor shall be appointed for a term of 2
1551	years and three members shall be appointed for a term of four
1552	years, the term of each member so appointed to be designated by
1553	the Governor at the time of the appointment.  All subsequent
1554	appointments shall be for a term of 4 years.  The member of the
1555	city council and the member of the county commission shall be
1556	elected for a term of two years each; provided, however, that
1557	any such commissioner's term shall end at such time as he may
1558	cease to be a city or county commissioner, at which time a
1559	successor or successors shall be elected for any unexpired term.
1560	The terms of all members shall end at the expiration of their
1561	terms or as otherwise herein specified.
1562	Section 22.  Section 337.408, Florida Statutes, is amended
1563	to read:
1564	337.408  Regulation of benches, transit shelters, street
1565	light poles, and waste disposal receptacles, and modular news
1566	racks within rights-of-way.--
1567	(1)  Benches or transit shelters, including advertising
1568	displayed on benches or transit shelters, may be installed
1569	within the right-of-way limits of any municipal, county, or
1570	state road, except a limited access highway,; provided that such
1571	benches or transit shelters are for the comfort or convenience
1572	of the general public, or are at designated stops on official
1573	bus routes; and, provided further, that written authorization
1574	has been given to a qualified private supplier of such service
1575	by the municipal government within whose incorporated limits
1576	such benches or transit shelters are installed, or by the county
1577	government within whose unincorporated limits such benches or
1578	transit shelters are installed. A municipality or county may
1579	authorize the installation, without public bid, of benches and
1580	transit shelters together with advertising displayed thereon,
1581	within the right-of-way limits of such roads. Any contract for
1582	the installation of benches or transit shelters or advertising
1583	on benches or transit shelters which was entered into before
1584	April 8, 1992, without public bidding, is ratified and affirmed.
1585	Such benches or transit shelters may not interfere with right-
1586	of-way preservation and maintenance. Any bench or transit
1587	shelter located on a sidewalk within the right-of-way limits of
1588	any road on the State Highway System or the county road system
1589	shall be located so as to leave at least 36 inches of clearance
1590	for pedestrians and persons in wheelchairs. Such clearance shall
1591	be measured in a direction perpendicular to the centerline of
1592	the road.
1593	(2)  Waste disposal receptacles of less than 110 gallons in
1594	capacity, including advertising displayed on such waste disposal
1595	receptacles, may be installed within the right-of-way limits of
1596	any municipal, county, or state road, except a limited access
1597	highway,; provided that written authorization has been given to
1598	a qualified private supplier of such service by the appropriate
1599	municipal or county government. A municipality or county may
1600	authorize the installation, without public bid, of waste
1601	disposal receptacles together with advertising displayed thereon
1602	within the right-of-way limits of such roads. Such waste
1603	disposal receptacles may not interfere with right-of-way
1604	preservation and maintenance.
1605	(3)  Modular news racks, including advertising thereon, may
1606	be located within the right-of-way limits of any municipal,
1607	county, or state road, except a limited access highway, provided
1608	the municipal government within whose incorporated limits such
1609	racks are installed or the county government within whose
1610	unincorporated limits such racks are installed has passed an
1611	ordinance regulating the placement of modular news racks within
1612	the right-of-way and has authorized a qualified private supplier
1613	of modular news racks to provide such service. The modular news
1614	rack or advertising thereon shall not exceed a height of 56
1615	inches or a total advertising space of 56 square feet. No later
1616	than 45 days prior to installation of modular news racks, the
1617	private supplier shall provide a map of proposed locations and
1618	typical installation plans to the department for approval. If
1619	the department does not respond within 45 days after receipt of
1620	the submitted plans, installation may proceed.
1621	(4)(3)  The department has the authority to direct the
1622	immediate relocation or removal of any bench, transit shelter,
1623	or waste disposal receptacle , or modular news rack which
1624	endangers life or property, except that transit bus benches
1625	which have been placed in service prior to April 1, 1992, are
1626	not required do not have to comply with bench size and
1627	advertising display size requirements which have been
1628	established by the department prior to March 1, 1992. Any
1629	transit bus bench that was in service prior to April 1, 1992,
1630	may be replaced with a bus bench of the same size or smaller, if
1631	the bench is damaged or destroyed or otherwise becomes unusable.
1632	The department is authorized to adopt promulgate rules relating
1633	to the regulation of bench size and advertising display size
1634	requirements. However, If a municipality or county within which
1635	a bench is to be located has adopted an ordinance or other
1636	applicable regulation that establishes bench size or advertising
1637	display sign requirements different from requirements specified
1638	in department rule, then the local government requirement shall
1639	be applicable within the respective municipality or county.
1640	Placement of any bench or advertising display on the National
1641	Highway System under a local ordinance or regulation adopted
1642	pursuant to this subsection shall be subject to approval of the
1643	Federal Highway Administration.
1644	(5)(4)  No bench, transit shelter, or waste disposal
1645	receptacle, or modular news rack, or advertising thereon, shall
1646	be erected or so placed on the right-of-way of any road which
1647	conflicts with the requirements of federal law, regulations, or
1648	safety standards, thereby causing the state or any political
1649	subdivision the loss of federal funds. Competition among persons
1650	seeking to provide bench, transit shelter, or waste disposal
1651	receptacle, or modular news rack services or advertising on such
1652	benches, shelters, or receptacles, or news racks may be
1653	regulated, restricted, or denied by the appropriate local
1654	government entity consistent with the provisions of this
1655	section.
1656	(6)(5)  Street light poles, including attached public
1657	service messages and advertisements, may be located within the
1658	right-of-way limits of municipal and county roads in the same
1659	manner as benches, transit shelters, and waste disposal
1660	receptacles, and modular news racks as provided in this section
1661	and in accordance with municipal and county ordinances. Public
1662	service messages and advertisements may be installed on street
1663	light poles on roads on the State Highway System in accordance
1664	with height, size, setback, spacing distance, duration of
1665	display, safety, traffic control, and permitting requirements
1666	established by administrative rule of the Department of
1667	Transportation. Public service messages and advertisements shall
1668	be subject to bilateral agreements, where applicable, to be
1669	negotiated with the owner of the street light poles, which shall
1670	consider, among other things, power source rates, design,
1671	safety, operational and maintenance concerns, and other matters
1672	of public importance. For the purposes of this section, the term
1673	"street light poles" does not include electric transmission or
1674	distribution poles. The department shall have authority to adopt
1675	establish administrative rules pursuant to ss. 120.536(1) and
1676	120.54 to implement the provisions of this section subsection.
1677	No advertising on light poles shall be permitted on the
1678	Interstate Highway System. No permanent structures carrying
1679	advertisements attached to light poles shall be permitted on the
1680	National Highway System.
1681	(7)(6)  Wherever the provisions of this section are
1682	inconsistent with other provisions of this chapter or with the
1683	provisions of chapter 125, chapter 335, chapter 336, or chapter
1684	479, the provisions of this section shall prevail.
1685	Section 23.  Paragraph (n) of subsection (2) of section
1686	348.754, Florida Statutes, is amended to read:
1687	348.754  Purposes and powers.--
1688	(2)  The authority is hereby granted, and shall have and
1689	may exercise all powers necessary, appurtenant, convenient or
1690	incidental to the carrying out of the aforesaid purposes,
1691	including, but without being limited to, the following rights
1692	and powers:
1693	(n)  With the consent of Orange County and the county
1694	within whose jurisdiction the following activities occur, the
1695	authority shall have the right to construct, operate, and
1696	maintain roads, bridges, avenues of access, thoroughfares, and
1697	boulevards outside the jurisdictional boundaries of Orange
1698	County, together with the right to construct, repair, replace,
1699	operate, install, and maintain electronic toll payment systems
1700	thereon, with all necessary and incidental powers to accomplish
1701	the foregoing.
1702	Section 24.  Paragraph (m) of subsection (2) of section
1703	348.0004, Florida Statutes, is repealed.
1704	Section 25.  Subsection (9) is added to section 348.0004,
1705	Florida Statutes, to read:
1706	348.0004  Purposes and powers.--
1707	(9)  The Legislature declares that there is a public need
1708	for rapid construction of safe and efficient transportation
1709	facilities for travel within the state and that it is in the
1710	public's interest to provide for public-private partnership
1711	agreements to effectuate the construction of additional safe,
1712	convenient, and economical transportation facilities.
1713	(a)  Notwithstanding any other provision of the Florida
1714	Expressway Authority Act, any expressway authority may receive
1715	or solicit proposals and enter into agreements with private
1716	entities, or consortia thereof, for the building, operation,
1717	ownership, or financing of expressway authority transportation
1718	facilities or new transportation facilities within the
1719	jurisdiction of the expressway authority. An expressway
1720	authority is authorized to adopt rules to implement this
1721	subsection and shall, by rule, establish an application fee for
1722	the submission of unsolicited proposals under this subsection.
1723	The fee must be sufficient to pay the costs of evaluating the
1724	proposals. An expressway authority may engage private
1725	consultants to assist in the evaluation. Before approval, an
1726	expressway authority must determine that a proposed project:
1727	1.  Is in the public's best interest.
1728	2.  Would not require state funds to be used unless the
1729	project is on or provides increased mobility on the State
1730	Highway System.
1731	3.  Would have adequate safeguards to ensure that no
1732	additional costs or service disruptions would be realized by the
1733	traveling public and citizens of the state in the event of
1734	default or the cancellation of the agreement by the expressway
1735	authority.
1736	(b)  An expressway authority shall ensure that all
1737	reasonable costs to the state, related to transportation
1738	facilities that are not part of the State Highway System, are
1739	borne by the private entity. An expressway authority shall also
1740	ensure that all reasonable costs to the state and substantially
1741	affected local governments and utilities related to the private
1742	transportation facility are borne by the private entity for
1743	transportation facilities that are owned by private entities.
1744	For projects on the State Highway System, the department may use
1745	state resources to participate in funding and financing the
1746	project as provided for under the department's enabling
1747	legislation.
1748	(c)  The expressway authority may request proposals for
1749	public-private transportation projects or, if it receives an
1750	unsolicited proposal, it must publish a notice in the Florida
1751	Administrative Weekly and a newspaper of general circulation in
1752	the county in which it is located at least once a week for 2
1753	weeks, stating that it has received the proposal and will
1754	accept, for 60 days after the initial date of publication, other
1755	proposals for the same project purpose. A copy of the notice
1756	must be mailed to each local government in the affected areas.
1757	After the public notification period has expired, the expressway
1758	authority shall rank the proposals in order of preference. In
1759	ranking the proposals, the expressway authority shall consider
1760	professional qualifications, general business terms, innovative
1761	engineering or cost-reduction terms, finance plans, and the need
1762	for state funds to deliver the proposal. If the expressway
1763	authority is not satisfied with the results of the negotiations,
1764	it may, at its sole discretion, terminate negotiations with the
1765	proposer. If these negotiations are unsuccessful, the expressway
1766	authority may go to the second and lower-ranked firms, in order,
1767	using the same procedure. If only one proposal is received, the
1768	expressway authority may negotiate in good faith, and if it is
1769	not satisfied with the results, it may, at its sole discretion,
1770	terminate negotiations with the proposer. Notwithstanding this
1771	paragraph, the expressway authority may, at its discretion,
1772	reject all proposals at any point in the process up to
1773	completion of a contract with the proposer.
1774	(d)  The department may lend funds from the Toll Facilities
1775	Revolving Trust Fund, as outlined in s. 338.251, to public-
1776	private partnerships. To be eligible a private entity must
1777	comply with s. 338.251 and must provide an indication from a
1778	nationally recognized rating agency that the senior bonds for
1779	the project will be investment grade or must provide credit
1780	support, such as a letter of credit or other means acceptable to
1781	the department, to ensure that the loans will be fully repaid.
1782	(e)  Agreements entered into pursuant to this subsection
1783	may authorize the public-private entity to impose tolls or fares
1784	for the use of the facility. However, the amount and use of toll
1785	or fare revenues shall be regulated by the expressway authority
1786	to avoid unreasonable costs to users of the facility.
1787	(f)  Each public-private transportation facility
1788	constructed pursuant to this subsection shall comply with all
1789	requirements of federal, state, and local laws; state, regional,
1790	and local comprehensive plans; the expressway authority's rules,
1791	policies, procedures, and standards for transportation
1792	facilities; and any other conditions that the expressway
1793	authority determines to be in the public's best interest.
1794	(g)  An expressway authority may exercise any power
1795	possessed by it, including eminent domain, to facilitate the
1796	development and construction of transportation projects pursuant
1797	to this subsection. An expressway authority may pay all or part
1798	of the cost of operating and maintaining the facility or may
1799	provide services to the private entity for which it receives
1800	full or partial reimbursement for services rendered.
1801	(h)  Except as herein provided, this subsection is not
1802	intended to amend existing laws by granting additional powers to
1803	or further restricting the governmental entities from regulating
1804	and entering into cooperative arrangements with the private
1805	sector for the planning, construction, and operation of
1806	transportation facilities.
1807	Section 26.  Subsection (2) of section 2 of chapter 88-418,
1808	Laws of Florida, as amended by section 99 of chapter 2002-20,
1809	Laws of Florida, is amended to read:
1810	Section 2.  Crandon Boulevard is hereby designated as a
1811	state historic highway.  No public funds shall be expended for:
1812	(2)  The alteration of the physical dimensions or location
1813	of Crandon Boulevard, the median strip thereof, or the land
1814	adjacent thereto, except for:
1815	(a)  The routine or emergency utilities maintenance
1816	activities necessitated to maintain the road as a utility
1817	corridor serving the village of Key Biscayne; or
1818	(b)  The modification or improvements made to provide for
1819	vehicular ingress and egress of governmental public safety
1820	vehicles; or.
1821	(c)  Alterations, modifications, or improvements made for
1822	the purpose of enhancing life safety vehicular use or pedestrian
1823	use of Crandon Boulevard, or both, so long as such alterations,
1824	modifications, or improvements are heard in a public hearing and
1825	subsequently approved by the Village Council of the Village of
1826	Key Biscayne.
1827	Section 27.  This act shall take effect upon becoming a
1828	law.
1829
1830
1831	================= T I T L E  A M E N D M E N T =================
1832	Remove the entire title and insert:
1833	A bill to be entitled
1834	An act relating to transportation; amending s. 20.23,
1835	F.S.; authorizing the secretary of the department to
1836	appoint an additional assistant secretary and deputy
1837	assistant secretaries or directors; revising the
1838	organization of the department to specify areas of program
1839	responsibility; authorizing the secretary to reorganize
1840	offices within the department in consultation with the
1841	Executive Office of the Governor; amending s. 110.205,
1842	F.S., relating to career service; conforming provisions to
1843	changes made by the act; amending 177.031, F.S.; providing
1844	that encasement in concrete is optional for survey markers
1845	made of certain materials; amending s. 339.175, F.S.;
1846	revising planning procedures of metropolitan planning
1847	organizations; requiring development of plans and programs
1848	that identify transportation facilities that should
1849	function as an integrated metropolitan planning system;
1850	requiring that the approved list of project priorities
1851	include projects on the Strategic Intermodal System;
1852	amending s. 338.251, F.S.; authorizing the Emerald Coast
1853	Bridge Authority to revise the repayment schedule of any
1854	previous advances for funds from the Toll Facilities
1855	Revolving Trust Fund within the department; providing that
1856	such repayment schedule is not a failure to repay under
1857	certain conditions; amending s. 334.30, F.S.; revising
1858	provisions for public-private construction of
1859	transportation facilities; providing procedures for
1860	requests for proposals and receipt of unsolicited
1861	proposals by the department; providing for use of certain
1862	funds under described conditions; amending s. 338.001,
1863	F.S., relating to the Florida Intrastate Highway System
1864	Plan; establishing a minimum annual allocation; amending
1865	s. 339.08, F.S.; revising provisions for use of moneys in
1866	the State Transportation Trust Fund; providing for use of
1867	such funds for projects on the Strategic Intermodal
1868	System; amending s. 339.135, F.S.; revising provisions for
1869	use of new discretionary highway capacity funds; providing
1870	for allocation of such funds to the Strategic Intermodal
1871	System; repealing s. 339.137, F.S., relating to the
1872	Transportation Outreach Program; amending s. 339.1371,
1873	F.S.; removing provisions to fund the Transportation
1874	Outreach Program; adding provisions to fund the Florida
1875	Strategic Intermodal System; amending s. 339.61, F.S.,
1876	relating to the Florida Strategic Intermodal System;
1877	establishing a minimum annual allocation; amending s.
1878	337.401, F.S.; providing that a permit-delegation
1879	agreement between the Department of Transportation and a
1880	governmental entity does not apply to facilities of
1881	electric utilities; amending s. 95.361, F.S.; providing
1882	that provisions governing the circumstances under which a
1883	road is deemed to be dedicated to the public do not apply
1884	to a electric utility facility located on property
1885	otherwise subject to those provisions; amending s.
1886	341.8203, F.S.; redefining the terms "authority" and
1887	"high-speed rail system"; amending s. 341.840, F.S.;
1888	revising the tax exemption of the authority and its agents
1889	and contractors; providing for annual redetermination of
1890	eligibility for exemption; providing for recapture of
1891	taxes when an exemption is used inappropriately; providing
1892	for rules; amending ss. 343.71, 343.72, 343.73, and
1893	343.74, F.S., relating to the Tampa Bay Commuter Rail
1894	Authority Act; redesignating the authority as the "Tampa
1895	Bay Commuter Transit Authority"; adding representatives of
1896	Manatee and Sarasota Counties to the board of authority;
1897	including Manatee and Sarasota Counties within the
1898	jurisdiction of the authority; amending s. 3 of chapter
1899	88-474, Laws of Florida, as amended, relating to the
1900	Greater Orlando Aviation Authority; providing the mayor of
1901	Orlando, and chair of the Orange County Commission shall
1902	be members of the authority; amending s. 337.408, F.S.;
1903	providing for placement of certain modular news racks,
1904	including advertising thereon, within the right-of-way
1905	limits of any municipal, county, or state road; providing
1906	requirements, restrictions, and limitations; authorizing
1907	removal under certain circumstances; authorizing the
1908	department to adopt rules; amending s. 348.754, F.S.;
1909	requiring the consent of Orange County in order for the
1910	authority to exercise certain powers; repealing s.
1911	348.0004(2)(m), F.S., relating to an obsolete provision
1912	authorizing expressway authorities to enter into public-
1913	private transportation partnerships; amending s. 348.0004,
1914	F.S.; creating a new process for expressway authorities to
1915	enter into public-private partnerships with private
1916	entities; directing the expressway authorities to adopt
1917	rules related to the public-private partnerships;
1918	specifying public notice requirements; specifying that
1919	public-private entities may impose tolls on the new
1920	facilities, but the expressway authority may regulate the
1921	amount and use of such tolls; providing that the
1922	Department of Transportation may loan funds from the Toll
1923	Facilities Revolving Loan Trust Fund for eligible
1924	projects; specifying project requirements; authorizing an
1925	expressway authority to exercise certain powers to
1926	facilitate the partnership projects; providing that intent
1927	of the act is not to amend or impact other existing laws;
1928	amending s. 2 of chapter 88-418, Laws of Florida, as
1929	amended, relating to Crandon Boulevard; allowing
1930	expenditure of public funds for certain modifications to
1931	enhance life safety vehicular or pedestrian use under
1932	certain circumstances; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.