HB 1027

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

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