1 | The Committee on Transportation recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to transportation; amending s. 20.23, |
7 | F.S.; authorizing the secretary of the Department of |
8 | Transportation to appoint an additional assistant |
9 | secretary and deputy assistant secretaries or directors; |
10 | revising the organization of the department to specify |
11 | areas of program responsibility; authorizing the secretary |
12 | to reorganize offices within the department in |
13 | consultation with the Executive Office of the Governor; |
14 | amending s. 95.361, F.S.; providing that certain filed |
15 | claims shall not affect rights of certain utilities; |
16 | amending s. 110.205, F.S.; conforming provisions relating |
17 | to career service to changes made by the act; amending s. |
18 | 334.30, F.S.; revising provisions for public-private |
19 | construction of transportation facilities; providing |
20 | procedures for requests for proposals and receipt of |
21 | unsolicited proposals by the department; providing for use |
22 | of certain funds under described conditions; amending s. |
23 | 337.401, F.S.; exempting certain electric utilities from |
24 | the application of certain permit-delegation agreements |
25 | between the department and other governmental entities; |
26 | amending s. 348.0004, F.S.; revising purposes and powers |
27 | of expressway authorities; providing legislative |
28 | declaration of public need; removing an obsolete provision |
29 | related to expressway authorities entering into public- |
30 | private transportation partnerships; providing for |
31 | expressway authorities to enter into partnerships with |
32 | private entities; providing procedures for requests for |
33 | proposals and receipt of unsolicited proposals; |
34 | authorizing expressway authorities to adopt rules |
35 | concerning public-private partnerships; specifying public |
36 | notice requirements; providing criteria for project |
37 | approval; requiring certain costs be borne by the private |
38 | entity; authorizing the department to loan funds from the |
39 | Toll Facilities Revolving Loan Trust Fund under certain |
40 | conditions; authorizing public-private entities to impose |
41 | tolls; providing for regulation of the amount and use of |
42 | the tolls by the expressway authority; specifying project |
43 | requirements; authorizing the expressway authority to |
44 | facilitate partnership projects; providing legislative |
45 | intent concerning existing laws and powers of expressway |
46 | authorities; providing an effective date. |
47 |
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48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
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50 | Section 1. Paragraph (d) of subsection (1), subsection |
51 | (3), and paragraph (b) of subsection (4) of section 20.23, |
52 | Florida Statutes, are amended to read: |
53 | 20.23 Department of Transportation.--There is created a |
54 | Department of Transportation which shall be a decentralized |
55 | agency. |
56 | (1) |
57 | (d) The secretary may shall appoint up to three two |
58 | assistant secretaries who shall be directly responsible to the |
59 | secretary and who shall perform such duties as are assigned by |
60 | the secretary. The secretary may delegate to any assistant |
61 | secretary the authority to act in the absence of the secretary. |
62 | (3)(a) The central office shall establish departmental |
63 | policies, rules, procedures, and standards and shall monitor the |
64 | implementation of such policies, rules, procedures, and |
65 | standards in order to ensure uniform compliance and quality |
66 | performance by the districts and central office units that |
67 | implement transportation programs. Major transportation policy |
68 | initiatives or revisions shall be submitted to the commission |
69 | for review. |
70 | (b) The secretary shall appoint an Assistant Secretary for |
71 | Transportation Development and Operations and an Assistant |
72 | Secretary for Transportation Support. |
73 | (b)(c) The secretary may appoint positions at the level of |
74 | deputy assistant secretary or director which the secretary deems |
75 | necessary to accomplish the mission and goals of the department, |
76 | including, but not limited to, the areas of program |
77 | responsibility provided in this paragraph following offices are |
78 | established and shall be headed by a manager, each of whom shall |
79 | be appointed by and serve at the pleasure of the secretary. The |
80 | secretary may combine, separate, or abolish offices as needed in |
81 | consultation with the Executive Office of the Governor. The |
82 | department's areas of program responsibility include, but are |
83 | not limited to positions shall be classified at a level equal to |
84 | a division director: |
85 | 1. The Office of Administration.; |
86 | 2. The Office of Planning. and Environmental Management; |
87 | 3. Public transportation. |
88 | 4.3. The Office of Design.; |
89 | 5.4. The Office of Highway operations.; |
90 | 6.5. The Office of Right-of-way.; |
91 | 7.6. The Office of Toll operations.; |
92 | 8.7. The Office of Information systems.; |
93 | 9.8. The Office of Motor carrier compliance.; |
94 | 10.9. The Office of Management and budget.; |
95 | 11.10. The Office of Comptroller.; |
96 | 12.11. The Office of Construction.; |
97 | 13.12. The Office of Maintenance.; and |
98 | 14.13. The Office of Materials. |
99 | (c)(d) Other offices may be established in accordance with |
100 | s. 20.04(7). The heads of such offices are exempt from part II |
101 | of chapter 110. No office or organization shall be created at a |
102 | level equal to or higher than a division without specific |
103 | legislative authority. |
104 | (d)(e) The secretary shall appoint an inspector general |
105 | pursuant to s. 20.055 who shall be directly responsible to the |
106 | secretary and shall serve at the pleasure of the secretary. |
107 | (e)(f) The secretary shall appoint a general counsel who |
108 | shall be directly responsible to the secretary. The general |
109 | counsel is responsible for all legal matters of the department. |
110 | The department may employ as many attorneys as it deems |
111 | necessary to advise and represent the department in all |
112 | transportation matters. |
113 | (g) The secretary shall appoint a state transportation |
114 | development administrator. This position shall be classified at |
115 | a level equal to a deputy assistant secretary. |
116 | (h) The secretary shall appoint a state transportation |
117 | operations administrator. This position shall be classified at a |
118 | level equal to a deputy assistant secretary. |
119 | (i) The secretary shall appoint a state public |
120 | transportation and modal administrator. This position shall be |
121 | classified at a level equal to a deputy assistant secretary. |
122 | (4) |
123 | (b) Each district secretary may appoint up to three a |
124 | district directors director for transportation development, a |
125 | district director for transportation operations, and a district |
126 | director for transportation support or, until July 1, 2005, each |
127 | district secretary may appoint up to four a district directors |
128 | director for planning and programming, a district director for |
129 | production, a district director for operations, and a district |
130 | director for administration. These positions are exempt from |
131 | part II of chapter 110. |
132 | Section 2. Section 95.361, Florida Statutes, is amended to |
133 | read: |
134 | 95.361 Roads presumed to be dedicated.-- |
135 | (1) When a road, constructed by a county, a municipality, |
136 | or the Department of Transportation, has been maintained or |
137 | repaired continuously and uninterruptedly for 4 years by the |
138 | county, municipality, or the Department of Transportation, |
139 | jointly or severally, the road shall be deemed to be dedicated |
140 | to the public to the extent in width that has been actually |
141 | maintained for the prescribed period, whether or not the road |
142 | has been formally established as a public highway. The |
143 | dedication shall vest all right, title, easement, and |
144 | appurtenances in and to the road in: |
145 | (a) The county, if it is a county road; |
146 | (b) The municipality, if it is a municipal street or road; |
147 | or |
148 | (c) The state, if it is a road in the State Highway System |
149 | or State Park Road System, |
150 |
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151 | whether or not there is a record of a conveyance, dedication, or |
152 | appropriation to the public use. |
153 | (2) In those instances where a road has been constructed |
154 | by a nongovernmental entity, or where the road was not |
155 | constructed by the entity currently maintaining or repairing it, |
156 | or where it cannot be determined who constructed the road, and |
157 | when such road has been regularly maintained or repaired for the |
158 | immediate past 7 years by a county, a municipality, or the |
159 | Department of Transportation, whether jointly or severally, such |
160 | road shall be deemed to be dedicated to the public to the extent |
161 | of the width that actually has been maintained or repaired for |
162 | the prescribed period, whether or not the road has been formally |
163 | established as a public highway. This subsection shall not apply |
164 | to an electric utility, as defined in s. 366.02(2). The |
165 | dedication shall vest all rights, title, easement, and |
166 | appurtenances in and to the road in: |
167 | (a) The county, if it is a county road; |
168 | (b) The municipality, if it is a municipal street or road; |
169 | or |
170 | (c) The state, if it is a road in the State Highway System |
171 | or State Park Road System, whether or not there is a record of |
172 | conveyance, dedication, or appropriation to the public use. |
173 | (3) The filing of a map in the office of the clerk of the |
174 | circuit court of the county where the road is located showing |
175 | the lands and reciting on it that the road has vested in the |
176 | state, a county, or a municipality in accordance with subsection |
177 | (1) or subsection (2) or by any other means of acquisition, duly |
178 | certified by: |
179 | (a) The secretary of the Department of Transportation, or |
180 | the secretary's designee, if the road is a road in the State |
181 | Highway System or State Park Road System; |
182 | (b) The chair and clerk of the board of county |
183 | commissioners of the county, if the road is a county road; or |
184 | (c) The mayor and clerk of the municipality, if the road |
185 | is a municipal road or street, |
186 |
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187 | shall be prima facie evidence of ownership of the land by the |
188 | state, county, or municipality, as the case may be. |
189 | (4) Any person, firm, corporation, or entity having or |
190 | claiming any interest in and to any of the property affected by |
191 | subsection (2) shall have and is hereby allowed a period of 1 |
192 | year after the effective date of this subsection, or a period of |
193 | 7 years after the initial date of regular maintenance or repair |
194 | of the road, whichever period is greater, to file a claim in |
195 | equity or with a court of law against the particular governing |
196 | authority assuming jurisdiction over such property to cause a |
197 | cessation of the maintenance and occupation of the property. |
198 | Such timely filed and adjudicated claim shall prevent the |
199 | dedication of the road to the public pursuant to subsection (2). |
200 | (5) Nothing in this section shall negate or affect the |
201 | rights of a public utility with facilities on the property |
202 | affected by this section. |
203 | Section 3. Paragraphs (j) and (m) of subsection (2) of |
204 | section 110.205, Florida Statutes, are amended to read: |
205 | 110.205 Career service; exemptions.-- |
206 | (2) EXEMPT POSITIONS.--The exempt positions that are not |
207 | covered by this part include the following: |
208 | (j) The appointed secretaries, assistant secretaries, |
209 | deputy secretaries, and deputy assistant secretaries of all |
210 | departments; the executive directors, assistant executive |
211 | directors, deputy executive directors, and deputy assistant |
212 | executive directors of all departments; the directors of all |
213 | divisions and those positions determined by the department to |
214 | have managerial responsibilities comparable to such positions, |
215 | which positions include, but are not limited to, program |
216 | directors, assistant program directors, district administrators, |
217 | deputy district administrators, the Director of Central |
218 | Operations Services of the Department of Children and Family |
219 | Services, the State Transportation Development Administrator, |
220 | State Public Transportation and Modal Administrator, district |
221 | secretaries, district directors of transportation development, |
222 | transportation operations, transportation support, and the |
223 | managers of the offices specified in s. 20.23(3)(b) s. |
224 | 20.23(3)(c), of the Department of Transportation. Unless |
225 | otherwise fixed by law, the department shall set the salary and |
226 | benefits of these positions in accordance with the rules of the |
227 | Senior Management Service; and the county health department |
228 | directors and county health department administrators of the |
229 | Department of Health. |
230 | (m) All assistant division director, deputy division |
231 | director, and bureau chief positions in any department, and |
232 | those positions determined by the department to have managerial |
233 | responsibilities comparable to such positions, which positions |
234 | include, but are not limited to: |
235 | 1. Positions in the Department of Health and the |
236 | Department of Children and Family Services that are assigned |
237 | primary duties of serving as the superintendent or assistant |
238 | superintendent of an institution. |
239 | 2. Positions in the Department of Corrections that are |
240 | assigned primary duties of serving as the warden, assistant |
241 | warden, colonel, or major of an institution or that are assigned |
242 | primary duties of serving as the circuit administrator or deputy |
243 | circuit administrator. |
244 | 3. Positions in the Department of Transportation that are |
245 | assigned primary duties of serving as regional toll managers and |
246 | managers of offices as defined in s. 20.23(3)(b) s. 20.23(3)(c) |
247 | and (4)(d), and captains and majors of the Office of Motor |
248 | Carrier Compliance. |
249 | 4. Positions in the Department of Environmental Protection |
250 | that are assigned the duty of an Environmental Administrator or |
251 | program administrator. |
252 | 5. Positions in the Department of Health that are assigned |
253 | the duties of Environmental Administrator, Assistant County |
254 | Health Department Director, and County Health Department |
255 | Financial Administrator. |
256 |
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257 | Unless otherwise fixed by law, the department shall set the |
258 | salary and benefits of the positions listed in this paragraph in |
259 | accordance with the rules established for the Selected Exempt |
260 | Service. |
261 | Section 4. Section 334.30, Florida Statutes, is amended to |
262 | read: |
263 | 334.30 Public-private Private transportation facilities.-- |
264 | The Legislature hereby finds and declares that there is a public |
265 | need for rapid construction of safe and efficient transportation |
266 | facilities for the purpose of travel within the state, and that |
267 | it is in the public's interest to provide for the construction |
268 | of additional safe, convenient, and economical transportation |
269 | facilities. |
270 | (1) The department may receive or solicit proposals and, |
271 | with legislative approval by a separate bill for each facility, |
272 | enter into agreements with private entities, or consortia |
273 | thereof, for the building, operation, ownership, or financing of |
274 | transportation facilities. The department may adopt rules |
275 | pursuant to ss. 120.536(1) and 120.54 to implement this section |
276 | and shall by rule establish an application fee for the |
277 | submission of proposals under this section. The fee must be |
278 | sufficient to pay the costs of evaluating the proposals. The |
279 | department may engage the services of private consultants to |
280 | assist in the evaluation. Before seeking legislative approval, |
281 | the department must determine that the proposed project: |
282 | (a) Is in the public's best interest; |
283 | (b) Would not require state funds to be used unless the |
284 | project is on the State Highway System there is an overriding |
285 | state interest; and |
286 | (c) Would have adequate safeguards in place to ensure that |
287 | no additional costs or service disruptions would be realized by |
288 | the traveling public and citizens of the state in the event of |
289 | default or cancellation of the agreement by the department. |
290 |
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291 | The department shall ensure that all reasonable costs to the |
292 | state and substantially affected local governments and |
293 | utilities, related to the private transportation facilities that |
294 | are not part of the State Highway System facility, are borne by |
295 | the private entity. The department shall also ensure that all |
296 | reasonable costs to the state and substantially affected local |
297 | governments and utilities, related to the private transportation |
298 | facility, are borne by the private entity for transportation |
299 | facilities that are owned by private entities. For projects on |
300 | the State Highway System, the department may use state resources |
301 | to participate in funding and financing the project as provided |
302 | for under the department's enabling legislation. |
303 | (2) Agreements entered into pursuant to this section may |
304 | authorize the private entity to impose tolls or fares for the |
305 | use of the facility. However, the amount and use of toll or fare |
306 | revenues may be regulated by the department to avoid |
307 | unreasonable costs to users of the facility. |
308 | (3) Each private transportation facility constructed |
309 | pursuant to this section shall comply with all requirements of |
310 | federal, state, and local laws; state, regional, and local |
311 | comprehensive plans; department rules, policies, procedures, and |
312 | standards for transportation facilities; and any other |
313 | conditions which the department determines to be in the public's |
314 | best interest. |
315 | (4) The department may exercise any power possessed by it, |
316 | including eminent domain, with respect to the development and |
317 | construction of state transportation projects to facilitate the |
318 | development and construction of transportation projects pursuant |
319 | to this section. The department may provide services to the |
320 | private entity. Agreements for maintenance, law enforcement, and |
321 | other services entered into pursuant to this section shall |
322 | provide for full reimbursement for services rendered for |
323 | projects not on the State Highway System. |
324 | (5) Except as herein provided, the provisions of this |
325 | section are not intended to amend existing laws by granting |
326 | additional powers to, or further restricting, local governmental |
327 | entities from regulating and entering into cooperative |
328 | arrangements with the private sector for the planning, |
329 | construction, and operation of transportation facilities. |
330 | (6) The department may request proposals from private |
331 | entities for public-private transportation projects or, if the |
332 | department receives an unsolicited proposal, the department |
333 | shall publish a notice in the Florida Administrative Weekly and |
334 | a newspaper of general circulation at least once a week for 2 |
335 | weeks stating that the department has received the proposal and |
336 | will accept, for 60 days after the initial date of publication, |
337 | other proposals for the same project purpose. A copy of the |
338 | notice must be mailed to each local government in the affected |
339 | area. The department shall employ the provisions of ss. 812.081 |
340 | and 815.045, as required and as appropriate to ensure a fair, |
341 | competitive process during the public notification period. After |
342 | the public notification period has expired, the department shall |
343 | rank the proposals in order of preference. In ranking the |
344 | proposals, the department may consider factors including, but |
345 | not limited to, professional qualifications, general business |
346 | terms, innovative engineering or cost-reduction terms, finance |
347 | plans, and the need for state funds to deliver the project. If |
348 | the department is not satisfied with the results of the |
349 | negotiations, the department may, at its sole discretion, |
350 | terminate negotiations with the proposer. If these negotiations |
351 | are unsuccessful, the department may go to the second-ranked and |
352 | lower-ranked firms, in order, using this same procedure. If only |
353 | one proposal is received, the department may negotiate in good |
354 | faith and, if the department is not satisfied with the results |
355 | of the negotiations, the department may, at its sole discretion, |
356 | terminate negotiations with the proposer. Notwithstanding this |
357 | subsection, the department may, at its discretion, reject all |
358 | proposals at any point in the process up to completion of a |
359 | contract with the proposer. |
360 | (7) The department may lend funds from the Toll Facilities |
361 | Revolving Trust Fund as outlined in s. 338.251 or from the State |
362 | Infrastructure Bank as provided in s. 215.617 to private |
363 | entities that construct projects on the State Highway System |
364 | containing toll facilities that are approved under this section. |
365 | To be eligible, a private entity must comply with s. 338.251 and |
366 | must provide an indication from a nationally recognized rating |
367 | agency that the senior bonds for the project will be investment |
368 | grade or provide credit support, such as a letter of credit or |
369 | other means acceptable to the department, to ensure that the |
370 | loans will be fully repaid. The state's liability for funding of |
371 | a facility is limited to the amount approved for that specific |
372 | facility in the department's 5-year work program adopted |
373 | pursuant to s. 339.135. |
374 | (8)(6) A fixed-guideway transportation system authorized |
375 | by the department to be wholly or partially within the |
376 | department's right-of-way pursuant to a lease granted under s. |
377 | 337.251 may operate at any safe speed. |
378 | Section 5. Subsection (1) of section 337.401, Florida |
379 | Statutes, is amended to read: |
380 | 337.401 Use of right-of-way for utilities subject to |
381 | regulation; permit; fees.-- |
382 | (1) The department and local governmental entities, |
383 | referred to in ss. 337.401-337.404 as the "authority," that have |
384 | jurisdiction and control of public roads or publicly owned rail |
385 | corridors are authorized to prescribe and enforce reasonable |
386 | rules or regulations with reference to the placing and |
387 | maintaining along, across, or on any road or publicly owned rail |
388 | corridors under their respective jurisdictions any electric |
389 | transmission, telephone, telegraph, or other communications |
390 | services lines; pole lines; poles; railways; ditches; sewers; |
391 | water, heat, or gas mains; pipelines; fences; gasoline tanks and |
392 | pumps; or other structures hereinafter referred to as the |
393 | "utility." The department may enter into a permit-delegation |
394 | agreement with a governmental entity if issuance of a permit is |
395 | based on requirements that the department finds will ensure the |
396 | safety and integrity of facilities of the Department of |
397 | Transportation; however, such permit-delegation agreement shall |
398 | not apply to facilities of electric utilities as defined in s. |
399 | 366.02(2). |
400 | Section 6. Paragraph (m) of subsection (2) of section |
401 | 348.0004, Florida Statutes, is amended, and subsection (9) is |
402 | added to said section, to read: |
403 | 348.0004 Purposes and powers.-- |
404 | (2) Each authority may exercise all powers necessary, |
405 | appurtenant, convenient, or incidental to the carrying out of |
406 | its purposes, including, but not limited to, the following |
407 | rights and powers: |
408 | (m) An expressway authority in any county as defined in s. |
409 | 125.011(1) may consider any unsolicited proposals from private |
410 | entities and all factors it deems important in evaluating such |
411 | proposals. Such an expressway authority shall adopt rules or |
412 | policies in compliance with s. 334.30 for the receipt, |
413 | evaluation, and consideration of such proposals in order to |
414 | enter into agreements for the planning design, engineering, |
415 | construction, operation, ownership, or financing of additional |
416 | expressways in that county. Such rules must require |
417 | substantially similar technical information as is required by |
418 | rule 14-107.0011(3)(a)-(e), Florida Administrative Code. In |
419 | accepting a proposal and entering into such an agreement, the |
420 | expressway authority and the private entity shall for all |
421 | purposes be deemed to have complied with chapters 255 and 287. |
422 | Similar proposals shall be reviewed and acted on by the |
423 | authority in the order in which they were received. An |
424 | additional expressway may not be constructed under this section |
425 | without the prior express written consent of the board of county |
426 | commissioners of each county located within the geographical |
427 | boundaries of the authority. The powers granted by this section |
428 | are in addition to all other powers of the authority granted by |
429 | this chapter. |
430 | (9) The Legislature declares that there is a public |
431 | need for rapid construction of safe and efficient |
432 | transportation facilities for travel within the state and that |
433 | it is in the public interest to provide for public-private |
434 | partnership agreements to effectuate the construction of |
435 | additional safe, convenient, and economical transportation |
436 | facilities. |
437 | (a) Any expressway authority may receive or solicit |
438 | proposals and enter into agreements with private entities, or |
439 | consortia thereof, for the building, operation, ownership, or |
440 | financing of expressway authority transportation facilities or |
441 | new transportation facilities within the jurisdiction of the |
442 | expressway authority. An expressway authority is authorized to |
443 | adopt rules pursuant to ss. 120.536(1) and 120.54 to implement |
444 | this subsection and shall, by rule, establish an application fee |
445 | for the submission of unsolicited proposals under this |
446 | subsection. The fee must be sufficient to pay the costs of |
447 | evaluating the proposals. An expressway authority may engage |
448 | private consultants to assist in the evaluation. Before |
449 | approval, an expressway authority must determine that a proposed |
450 | project: |
451 | 1. Is in the public's best interest. |
452 | 2. Would not require state funds to be used unless the |
453 | project is on or provides increased mobility on the State |
454 | Highway System. |
455 | 3. Would have adequate safeguards to ensure that no |
456 | additional costs or service disruptions would be realized by the |
457 | traveling public and citizens of the state in the event of |
458 | default or the cancellation of the agreement by the expressway |
459 | authority. |
460 | (b) The expressway authority shall ensure that all |
461 | reasonable costs to the state, related to transportation |
462 | facilities that are not part of the State Highway System, are |
463 | borne by the private entity. The expressway authority shall also |
464 | ensure that all reasonable costs to the state and substantially |
465 | affected local governments and utilities, related to the private |
466 | transportation facility, are borne by the private entity for |
467 | transportation facilities that are owned by private entities. |
468 | For projects on the State Highway System, the department may use |
469 | state resources to participate in funding and financing the |
470 | project as provided for under the department's enabling |
471 | legislation. |
472 | (c) The expressway authority may request proposals for |
473 | public-private transportation projects or, if it receives an |
474 | unsolicited proposal, it must publish a notice in the Florida |
475 | Administrative Weekly and a newspaper of general circulation in |
476 | the county in which it is located at least once a week for 2 |
477 | weeks stating that it has received the proposal and will accept, |
478 | for 60 days after the initial date of publication, other |
479 | proposals for the same project purpose. A copy of the notice |
480 | must be mailed to each local government in the affected areas. |
481 | The expressway authority shall employ the provisions of ss. |
482 | 812.081 and 815.045 as required and as appropriate to ensure a |
483 | fair, competitive process during the public notification period. |
484 | After the public notification period has expired, the expressway |
485 | authority shall rank the proposals in order of preference. In |
486 | ranking the proposals, the expressway authority shall consider |
487 | professional qualifications, general business terms, innovative |
488 | engineering or cost-reduction terms, finance plans, and the need |
489 | for state funds to deliver the proposal. If the expressway |
490 | authority is not satisfied with the results of the negotiations, |
491 | it may, at its sole discretion, terminate negotiations with the |
492 | proposer. If these negotiations are unsuccessful, the expressway |
493 | authority may go the second and lower-ranked firms, in order, |
494 | using the same procedure. If only one proposal is received, the |
495 | expressway authority may negotiate in good faith and, if it is |
496 | not satisfied with the results, it may, at its sole discretion, |
497 | terminate negotiations with the proposer. Notwithstanding this |
498 | paragraph, the expressway authority may, at its discretion, |
499 | reject all proposals at any point in the process up to |
500 | completion of a contract with the proposer. |
501 | (d) The department may lend funds from the Toll Facilities |
502 | Revolving Trust Fund, as outlined in s. 338.251, to public- |
503 | private partnerships. To be eligible, a private entity must |
504 | comply with s. 338.251 and must provide an indication from a |
505 | nationally recognized rating agency that the senior bonds for |
506 | the project will be investment grade or provide credit support, |
507 | such as a letter of credit or other means acceptable to the |
508 | department, to ensure that the loans will be fully repaid. |
509 | (e) Agreements entered into pursuant to this subsection |
510 | may authorize the public-private entity to impose tolls or fares |
511 | for the use of the facility; however, the amount and use of toll |
512 | or fare revenues may be regulated by the expressway authority to |
513 | avoid unreasonable costs to users of the facility. |
514 | (f) Each public-private transportation facility |
515 | constructed pursuant to this subsection shall comply with all |
516 | requirements of federal, state, and local laws; state, regional, |
517 | and local comprehensive plans; the expressway authority's rules, |
518 | policies, procedures, and standards for transportation |
519 | facilities; and any other conditions that the expressway |
520 | authority determines to be in the public's best interest. |
521 | (g) An expressway authority may exercise any power |
522 | possessed by it, including eminent domain, to facilitate the |
523 | development and construction of transportation projects pursuant |
524 | to this subsection. An expressway authority may pay all or part |
525 | of the cost of operating and maintaining the facility or may |
526 | provide services to the private entity for which it receives |
527 | full or partial reimbursement for services rendered. |
528 | (h) Except as otherwise provided in this subsection, this |
529 | subsection is not intended to amend existing laws by granting |
530 | additional powers to governmental entities for or further |
531 | restrict governmental entities from regulating transportation |
532 | facilities and entering into cooperative arrangements with the |
533 | private sector for the planning, construction, and operation of |
534 | transportation facilities. |
535 | Section 7. This act shall take effect upon becoming a law. |