Senate Bill sb1456e2

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    CS for CS for SB 1456                         Second Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; authorizing the secretary of the

  4         department to appoint an additional assistant

  5         secretary and deputy assistant secretaries or

  6         directors; revising the organization of the

  7         department to specify areas of program

  8         responsibility; authorizing the secretary to

  9         reorganize offices within the department in

10         consultation with the Executive Office of the

11         Governor; amending s. 110.205, F.S., relating

12         to career service; conforming provisions to

13         changes made by the act; amending 177.031,

14         F.S.; providing that encasement in concrete is

15         optional for survey markers made of certain

16         materials; amending s. 339.175, F.S.; revising

17         planning procedures of metropolitan planning

18         organizations; requiring development of plans

19         and programs that identify transportation

20         facilities that should function as an

21         integrated metropolitan planning system;

22         requiring that the approved list of project

23         priorities include projects on the Strategic

24         Intermodal System; amending s. 338.251, F.S.;

25         authorizing the Emerald Coast Bridge Authority

26         to revise the repayment schedule of any

27         previous advances for funds from the Toll

28         Facilities Revolving Trust Fund within the

29         department; providing that such repayment

30         schedule is not a failure to repay under

31         certain conditions; amending s. 334.30, F.S.;


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 1         revising provisions for public-private

 2         construction of transportation facilities;

 3         providing procedures for requests for proposals

 4         and receipt of unsolicited proposals by the

 5         department; providing for use of certain funds

 6         under described conditions; amending s.

 7         338.001, F.S., relating to the Florida

 8         Intrastate Highway System Plan; establishing a

 9         minimum annual allocation; amending s. 339.08,

10         F.S.; revising provisions for use of moneys in

11         the State Transportation Trust Fund; providing

12         for use of such funds for projects on the

13         Strategic Intermodal System; amending s.

14         339.135, F.S.; revising provisions for use of

15         new discretionary highway capacity funds;

16         providing for allocation of such funds to the

17         Strategic Intermodal System; repealing s.

18         339.137, F.S., relating to the Transportation

19         Outreach Program; amending s. 339.1371, F.S.;

20         removing provisions to fund the Transportation

21         Outreach Program; adding provisions to fund the

22         Florida Strategic Intermodal System; amending

23         s. 339.61, F.S., relating to the Florida

24         Strategic Intermodal System; establishing a

25         minimum annual allocation; amending s. 337.401,

26         F.S.; providing that a permit-delegation

27         agreement between the Department of

28         Transportation and a governmental entity does

29         not apply to facilities of electric utilities;

30         amending s. 95.361, F.S.; providing that

31         provisions governing the circumstances under


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 1         which a road is deemed to be dedicated to the

 2         public do not apply to a electric utility

 3         facility located on property otherwise subject

 4         to those provisions; amending s. 341.8203,

 5         F.S.; redefining the terms "authority" and

 6         "high-speed rail system"; amending s. 341.840,

 7         F.S.; revising the tax exemption of the

 8         authority and its agents and contractors;

 9         providing for annual redetermination of

10         eligibility for exemption; providing for

11         recapture of taxes when an exemption is used

12         inappropriately; providing for rules; amending

13         ss. 343.71, 343.72, 343.73, and 343.74, F.S.,

14         relating to the Tampa Bay Commuter Rail

15         Authority Act; redesignating the authority as

16         the "Tampa Bay Commuter Transit Authority";

17         adding representatives of Manatee and Sarasota

18         Counties to the board of authority; including

19         Manatee and Sarasota Counties within the

20         jurisdiction of the authority; amending s. 3 of

21         chapter 88-474, Laws of Florida, as amended,

22         relating to the Greater Orlando Aviation

23         Authority; providing the mayor of Orlando, and

24         chair of the Orange County Commission shall be

25         members of the authority; amending s. 337.408,

26         F.S.; providing for placement of certain

27         modular news racks, including advertising

28         thereon, within the right-of-way limits of any

29         municipal, county, or state road; providing

30         requirements, restrictions, and limitations;

31         authorizing removal under certain


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 1         circumstances; authorizing the department to

 2         adopt rules; repealing s. 348.0004(2)(m), F.S.,

 3         relating to an obsolete provision authorizing

 4         expressway authorities to enter into

 5         public-private transportation partnerships;

 6         amending s. 348.0004, F.S.; creating a new

 7         process for expressway authorities to enter

 8         into public-private partnerships with private

 9         entities; directing the expressway authorities

10         to adopt rules related to the public-private

11         partnerships; specifying public notice

12         requirements; specifying that public-private

13         entities may impose tolls on the new

14         facilities, but the expressway authority may

15         regulate the amount and use of such tolls;

16         providing that the Department of Transportation

17         may loan funds from the Toll Facilities

18         Revolving Loan Trust Fund for eligible

19         projects; specifying project requirements;

20         authorizing an expressway authority to exercise

21         certain powers to facilitate the partnership

22         projects; providing that intent of the act is

23         not to amend or impact other existing laws;

24         amending s. 2 of chapter 88-418, Laws of

25         Florida, as amended, relating to Crandon

26         Boulevard; allowing expenditure of public funds

27         for certain modifications to enhance life

28         safety vehicular or pedestrian use under

29         certain circumstances; providing an effective

30         date.

31  


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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraph (d) of subsection (1), subsection

 4  (3), and paragraph (b) of subsection (4) of section 20.23,

 5  Florida Statutes, are amended to read:

 6         20.23  Department of Transportation.--There is created

 7  a Department of Transportation which shall be a decentralized

 8  agency.

 9         (1)

10         (d)  The secretary may shall appoint up to three two

11  assistant secretaries who shall be directly responsible to the

12  secretary and who shall perform such duties as are assigned by

13  the secretary. The secretary may delegate to any assistant

14  secretary the authority to act in the absence of the

15  secretary.

16         (3)(a)  The central office shall establish departmental

17  policies, rules, procedures, and standards and shall monitor

18  the implementation of such policies, rules, procedures, and

19  standards in order to ensure uniform compliance and quality

20  performance by the districts and central office units that

21  implement transportation programs.  Major transportation

22  policy initiatives or revisions shall be submitted to the

23  commission for review.

24         (b)  The secretary shall appoint an Assistant Secretary

25  for Transportation Development and Operations and an Assistant

26  Secretary for Transportation Support.

27         (b)(c)  The secretary may appoint positions at the

28  level of deputy assistant secretary or director which the

29  secretary deems necessary to accomplish the mission and goals

30  of the department, including, but not limited to, the areas of

31  program responsibility provided in this paragraph following


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 1  offices are established and shall be headed by a manager, each

 2  of whom shall be appointed by and serve at the pleasure of the

 3  secretary. The secretary may combine, separate, or delete

 4  offices as needed in consultation with the Executive Office of

 5  the Governor. The department's areas of program responsibility

 6  include, but are not limited to positions shall be classified

 7  at a level equal to a division director:

 8         1.  The Office of Administration;

 9         2.  The Office of Planning and Environmental

10  Management;

11         3.  Public transportation;

12         4.3.  The Office of Design;

13         5.4.  The Office of Highway operations;

14         6.5.  The Office of Right-of-way;

15         7.6.  The Office of Toll operations;

16         8.7.  The Office of Information systems;

17         9.8.  The Office of Motor carrier compliance;

18         10.9.  The Office of Management and budget;

19         11.10.  The Office of Comptroller;

20         12.11.  The Office of Construction;

21         13.12.  The Office of Maintenance; and

22         14.13.  The Office of Materials.

23         (c)(d)  Other offices may be established in accordance

24  with s. 20.04(7). The heads of such offices are exempt from

25  part II of chapter 110. No office or organization shall be

26  created at a level equal to or higher than a division without

27  specific legislative authority.

28         (d)(e)  The secretary shall appoint an inspector

29  general pursuant to s. 20.055 who shall be directly

30  responsible to the secretary and shall serve at the pleasure

31  of the secretary.


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 1         (e)(f)  The secretary shall appoint a general counsel

 2  who shall be directly responsible to the secretary. The

 3  general counsel is responsible for all legal matters of the

 4  department. The department may employ as many attorneys as it

 5  deems necessary to advise and represent the department in all

 6  transportation matters.

 7         (g)  The secretary shall appoint a state transportation

 8  development administrator. This position shall be classified

 9  at a level equal to a deputy assistant secretary.

10         (h)  The secretary shall appoint a state transportation

11  operations administrator. This position shall be classified at

12  a level equal to a deputy assistant secretary.

13         (i)  The secretary shall appoint a state public

14  transportation and modal administrator. This position shall be

15  classified at a level equal to a deputy assistant secretary.

16         (4)

17         (b)  Each district secretary may appoint up to three a

18  district directors director for transportation development, a

19  district director for transportation operations, and a

20  district director for transportation support or, until July 1,

21  2005, each district secretary may appoint up to four a

22  district directors director for planning and programming, a

23  district director for production, a district director for

24  operations, and a district director for administration. These

25  positions are exempt from part II of chapter 110.

26         Section 2.  Paragraphs (j) and (m) of subsection (2) of

27  section 110.205, Florida Statutes, are amended to read:

28         110.205  Career service; exemptions.--

29         (2)  EXEMPT POSITIONS.--The exempt positions that are

30  not covered by this part include the following:

31  


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 1         (j)  The appointed secretaries, assistant secretaries,

 2  deputy secretaries, and deputy assistant secretaries of all

 3  departments; the executive directors, assistant executive

 4  directors, deputy executive directors, and deputy assistant

 5  executive directors of all departments; the directors of all

 6  divisions and those positions determined by the department to

 7  have managerial responsibilities comparable to such positions,

 8  which positions include, but are not limited to, program

 9  directors, assistant program directors, district

10  administrators, deputy district administrators, the Director

11  of Central Operations Services of the Department of Children

12  and Family Services, the State Transportation Development

13  Administrator, State Public Transportation and Modal

14  Administrator, district secretaries, district directors of

15  transportation development, transportation operations,

16  transportation support, and the managers of the offices

17  specified in s. 20.23(3)(b) s. 20.23(3)(c), of the Department

18  of Transportation. Unless otherwise fixed by law, the

19  department shall set the salary and benefits of these

20  positions in accordance with the rules of the Senior

21  Management Service; and the county health department directors

22  and county health department administrators of the Department

23  of Health.

24         (m)  All assistant division director, deputy division

25  director, and bureau chief positions in any department, and

26  those positions determined by the department to have

27  managerial responsibilities comparable to such positions,

28  which positions include, but are not limited to:

29         1.  Positions in the Department of Health and the

30  Department of Children and Family Services that are assigned

31  


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 1  primary duties of serving as the superintendent or assistant

 2  superintendent of an institution.

 3         2.  Positions in the Department of Corrections that are

 4  assigned primary duties of serving as the warden, assistant

 5  warden, colonel, or major of an institution or that are

 6  assigned primary duties of serving as the circuit

 7  administrator or deputy circuit administrator.

 8         3.  Positions in the Department of Transportation that

 9  are assigned primary duties of serving as regional toll

10  managers and managers of offices as defined in s. 20.23(3)(b)

11  s. 20.23(3)(c) and (4)(d), and captains and majors of the

12  Office of Motor Carrier Compliance.

13         4.  Positions in the Department of Environmental

14  Protection that are assigned the duty of an Environmental

15  Administrator or program administrator.

16         5.  Positions in the Department of Health that are

17  assigned the duties of Environmental Administrator, Assistant

18  County Health Department Director, and County Health

19  Department Financial Administrator.

20  

21  Unless otherwise fixed by law, the department shall set the

22  salary and benefits of the positions listed in this paragraph

23  in accordance with the rules established for the Selected

24  Exempt Service.

25         Section 3.  Subsections (13) and (15), of section

26  177.031, Florida Statutes, are amended to read:

27         177.031  Definitions.--As used in this part:

28         (13)  "P.C.P." means permanent control point and shall

29  be considered a reference monument.

30         (a)  "P.C.P.s" set in impervious surfaces must:

31  


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 1         1.  Be composed of a metal marker with a point of

 2  reference.

 3         2.  Have a metal cap or disk bearing either the Florida

 4  registration number of the professional surveyor and mapper in

 5  responsible charge or the certificate of authorization number

 6  of the legal entity, which number shall be preceded by LS or

 7  LB as applicable and the letters "P.C.P."

 8         (b)  "P.C.P.s" set in pervious surfaces must:

 9         1.  Consist of a metal rod having a minimum length of

10  18 inches and a minimum cross-section area of material of 0.2

11  square inches In certain materials, encasement in concrete is

12  optional for stability of the rod. When used, encased in

13  concrete. the concrete shall have a minimum cross-section area

14  of 12.25 square inches and be a minimum of 24 inches long.

15         2.  Be identified with a durable marker or cap with the

16  point of reference marked thereon bearing either the Florida

17  registration number of the professional surveyor and mapper in

18  responsible charge or the certificate of authorization number

19  of the legal entity, which number shall be preceded by LS or

20  LB as applicable and the letters "P.C.P."

21         (c)  "P.C.P.s" must be detectable with conventional

22  instruments for locating ferrous or magnetic objects.

23         (15)  "P.R.M." means a permanent reference monument

24  which must:

25         (a)  Consist of a metal rod having a minimum length of

26  18 inches and a minimum cross-section area of material of 0.2

27  square inches In certain materials, encasement in concrete is

28  optional for stability of the rod. When used, encased in

29  concrete. the concrete shall have a minimum cross-section area

30  of 12.25 square inches and be a minimum of 24 inches long.

31  


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 1         (b)  Be identified with a durable marker or cap with

 2  the point of reference marked thereon bearing either the

 3  Florida registration number of the professional surveyor and

 4  mapper in responsible charge or the certificate of

 5  authorization number of the legal entity, which number shall

 6  be preceded by LS or LB as applicable and the letters "P.R.M."

 7         (c)  Be detectable with conventional instruments for

 8  locating ferrous or magnetic objects.

 9  

10  If the location of the "P.R.M." falls in a hard surface such

11  as asphalt or concrete, alternate monumentation may be used

12  that is durable and identifiable.

13         Section 4.  Section 339.175, Florida Statutes, is

14  amended to read:

15         339.175  Metropolitan planning organization.--It is the

16  intent of the Legislature to encourage and promote the safe

17  and efficient management, operation, and development of

18  surface transportation systems that will serve the mobility

19  needs of people and freight within and through urbanized areas

20  of this state while minimizing transportation-related fuel

21  consumption and air pollution. To accomplish these objectives,

22  metropolitan planning organizations, referred to in this

23  section as M.P.O.'s, shall develop, in cooperation with the

24  state and public transit operators, transportation plans and

25  programs for metropolitan areas. The plans and programs for

26  each metropolitan area must provide for the development and

27  integrated management and operation of transportation systems

28  and facilities, including pedestrian walkways and bicycle

29  transportation facilities that will function as an intermodal

30  transportation system for the metropolitan area, based upon

31  the prevailing principles provided in s. 334.046(1).  The


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 1  process for developing such plans and programs shall provide

 2  for consideration of all modes of transportation and shall be

 3  continuing, cooperative, and comprehensive, to the degree

 4  appropriate, based on the complexity of the transportation

 5  problems to be addressed. To ensure that the process is

 6  integrated with the statewide planning process, M.P.O.'s shall

 7  develop plans and programs that identify transportation

 8  facilities that should function as an integrated metropolitan

 9  transportation system, giving emphasis to facilities that

10  serve important national, state, and regional transportation

11  functions. For the purposes of this section, those facilities

12  include the facilities on the Strategic Intermodal System

13  designated under s. 339.63.

14         (1)  DESIGNATION.--

15         (a)1.  An M.P.O. shall be designated for each urbanized

16  area of the state; however, this does not require that an

17  individual M.P.O. be designated for each such area.  Such

18  designation shall be accomplished by agreement between the

19  Governor and units of general-purpose local government

20  representing at least 75 percent of the population of the

21  urbanized area; however, the unit of general-purpose local

22  government that represents the central city or cities within

23  the M.P.O. jurisdiction, as defined by the United States

24  Bureau of the Census, must be a party to such agreement.

25         2.  More than one M.P.O. may be designated within an

26  existing metropolitan planning area only if the Governor and

27  the existing M.P.O. determine that the size and complexity of

28  the existing metropolitan planning area makes the designation

29  of more than one M.P.O. for the area appropriate.

30         (b)  Each M.P.O. shall be created and operated under

31  the provisions of this section pursuant to an interlocal


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 1  agreement entered into pursuant to s. 163.01.  The signatories

 2  to the interlocal agreement shall be the department and the

 3  governmental entities designated by the Governor for

 4  membership on the M.P.O. If there is a conflict between this

 5  section and s. 163.01, this section prevails.

 6         (c)  The jurisdictional boundaries of an M.P.O. shall

 7  be determined by agreement between the Governor and the

 8  applicable M.P.O.  The boundaries must include at least the

 9  metropolitan planning area, which is the existing urbanized

10  area and the contiguous area expected to become urbanized

11  within a 20-year forecast period, and may encompass the entire

12  metropolitan statistical area or the consolidated metropolitan

13  statistical area.

14         (d)  In the case of an urbanized area designated as a

15  nonattainment area for ozone or carbon monoxide under the

16  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

17  the metropolitan planning area in existence as of the date of

18  enactment of this paragraph shall be retained, except that the

19  boundaries may be adjusted by agreement of the Governor and

20  affected metropolitan planning organizations in the manner

21  described in this section. If more than one M.P.O. has

22  authority within a metropolitan area or an area that is

23  designated as a nonattainment area, each M.P.O. shall consult

24  with other M.P.O.'s designated for such area and with the

25  state in the coordination of plans and programs required by

26  this section.

27  

28  Each M.P.O. required under this section must be fully

29  operative no later than 6 months following its designation.

30         (2)  VOTING MEMBERSHIP.--

31  


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 1         (a)  The voting membership of an M.P.O. shall consist

 2  of not fewer than 5 or more than 19 apportioned members, the

 3  exact number to be determined on an equitable

 4  geographic-population ratio basis by the Governor, based on an

 5  agreement among the affected units of general-purpose local

 6  government as required by federal rules and regulations. The

 7  Governor, in accordance with 23 U.S.C. s. 134, may also

 8  provide for M.P.O. members who represent municipalities to

 9  alternate with representatives from other municipalities

10  within the metropolitan planning area that do not have members

11  on the M.P.O. County commission members shall compose not less

12  than one-third of the M.P.O. membership, except for an M.P.O.

13  with more than 15 members located in a county with a

14  five-member county commission or an M.P.O. with 19 members

15  located in a county with no more than 6 county commissioners,

16  in which case county commission members may compose less than

17  one-third percent of the M.P.O. membership, but all county

18  commissioners must be members. All voting members shall be

19  elected officials of general-purpose governments, except that

20  an M.P.O. may include, as part of its apportioned voting

21  members, a member of a statutorily authorized planning board,

22  an official of an agency that operates or administers a major

23  mode of transportation, or an official of the Florida Space

24  Authority. The county commission shall compose not less than

25  20 percent of the M.P.O. membership if an official of an

26  agency that operates or administers a major mode of

27  transportation has been appointed to an M.P.O.

28         (b)  In metropolitan areas in which authorities or

29  other agencies have been or may be created by law to perform

30  transportation functions and are performing transportation

31  functions that are not under the jurisdiction of a general


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 1  purpose local government represented on the M.P.O., they shall

 2  be provided voting membership on the M.P.O. In all other

 3  M.P.O.'s where transportation authorities or agencies are to

 4  be represented by elected officials from general purpose local

 5  governments, the M.P.O. shall establish a process by which the

 6  collective interests of such authorities or other agencies are

 7  expressed and conveyed.

 8         (c)  Any other provision of this section to the

 9  contrary notwithstanding, a chartered county with over 1

10  million population may elect to reapportion the membership of

11  an M.P.O. whose jurisdiction is wholly within the county. The

12  charter county may exercise the provisions of this paragraph

13  if:

14         1.  The M.P.O. approves the reapportionment plan by a

15  three-fourths vote of its membership;

16         2.  The M.P.O. and the charter county determine that

17  the reapportionment plan is needed to fulfill specific goals

18  and policies applicable to that metropolitan planning area;

19  and

20         3.  The charter county determines the reapportionment

21  plan otherwise complies with all federal requirements

22  pertaining to M.P.O. membership.

23  

24  Any charter county that elects to exercise the provisions of

25  this paragraph shall notify the Governor in writing.

26         (d)  Any other provision of this section to the

27  contrary notwithstanding, any county chartered under s. 6(e),

28  Art. VIII of the State Constitution may elect to have its

29  county commission serve as the M.P.O., if the M.P.O.

30  jurisdiction is wholly contained within the county.  Any

31  charter county that elects to exercise the provisions of this


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 1  paragraph shall so notify the Governor in writing.  Upon

 2  receipt of such notification, the Governor must designate the

 3  county commission as the M.P.O.  The Governor must appoint

 4  four additional voting members to the M.P.O., one of whom must

 5  be an elected official representing a municipality within the

 6  county, one of whom must be an expressway authority member,

 7  one of whom must be a person who does not hold elected public

 8  office and who resides in the unincorporated portion of the

 9  county, and one of whom must be a school board member.

10         (3)  APPORTIONMENT.--

11         (a)  The Governor shall, with the agreement of the

12  affected units of general-purpose local government as required

13  by federal rules and regulations, apportion the membership on

14  the applicable M.P.O. among the various governmental entities

15  within the area and shall prescribe a method for appointing

16  alternate members who may vote at any M.P.O. meeting that an

17  alternate member attends in place of a regular member.  An

18  appointed alternate member must be an elected official serving

19  the same governmental entity or a general-purpose local

20  government with jurisdiction within all or part of the area

21  that the regular member serves.  The governmental entity so

22  designated shall appoint the appropriate number of members to

23  the M.P.O. from eligible officials.  Representatives of the

24  department shall serve as nonvoting members of the M.P.O.

25  Nonvoting advisers may be appointed by the M.P.O. as deemed

26  necessary.  The Governor shall review the composition of the

27  M.P.O. membership in conjunction with the decennial census as

28  prepared by the United States Department of Commerce, Bureau

29  of the Census, and reapportion it as necessary to comply with

30  subsection (2).

31  


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 1         (b)  Except for members who represent municipalities on

 2  the basis of alternating with representatives from other

 3  municipalities that do not have members on the M.P.O. as

 4  provided in paragraph (2)(a), the members of an M.P.O. shall

 5  serve 4-year terms. Members who represent municipalities on

 6  the basis of alternating with representatives from other

 7  municipalities that do not have members on the M.P.O. as

 8  provided in paragraph (2)(a) may serve terms of up to 4 years

 9  as further provided in the interlocal agreement described in

10  paragraph (1)(b). The membership of a member who is a public

11  official automatically terminates upon the member's leaving

12  his or her elective or appointive office for any reason, or

13  may be terminated by a majority vote of the total membership

14  of a county or city governing entity represented by the

15  member.  A vacancy shall be filled by the original appointing

16  entity.  A member may be reappointed for one or more

17  additional 4-year terms.

18         (c)  If a governmental entity fails to fill an assigned

19  appointment to an M.P.O. within 60 days after notification by

20  the Governor of its duty to appoint, that appointment shall be

21  made by the Governor from the eligible representatives of that

22  governmental entity.

23         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

24  responsibility of an M.P.O. is to manage a continuing,

25  cooperative, and comprehensive transportation planning process

26  that, based upon the prevailing principles provided in s.

27  334.046(1), results in the development of plans and programs

28  which are consistent, to the maximum extent feasible, with the

29  approved local government comprehensive plans of the units of

30  local government the boundaries of which are within the

31  metropolitan area of the M.P.O.  An M.P.O. shall be the forum


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    CS for CS for SB 1456                         Second Engrossed



 1  for cooperative decisionmaking by officials of the affected

 2  governmental entities in the development of the plans and

 3  programs required by subsections (5), (6), (7), and (8).

 4         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

 5  privileges, and authority of an M.P.O. are those specified in

 6  this section or incorporated in an interlocal agreement

 7  authorized under s. 163.01.  Each M.P.O. shall perform all

 8  acts required by federal or state laws or rules, now and

 9  subsequently applicable, which are necessary to qualify for

10  federal aid. It is the intent of this section that each M.P.O.

11  shall be involved in the planning and programming of

12  transportation facilities, including, but not limited to,

13  airports, intercity and high-speed rail lines, seaports, and

14  intermodal facilities, to the extent permitted by state or

15  federal law.

16         (a)  Each M.P.O. shall, in cooperation with the

17  department, develop:

18         1.  A long-range transportation plan pursuant to the

19  requirements of subsection (6);

20         2.  An annually updated transportation improvement

21  program pursuant to the requirements of subsection (7); and

22         3.  An annual unified planning work program pursuant to

23  the requirements of subsection (8).

24         (b)  In developing the long-range transportation plan

25  and the transportation improvement program required under

26  paragraph (a), each M.P.O. shall provide for consideration of

27  projects and strategies that will:

28         1.  Support the economic vitality of the metropolitan

29  area, especially by enabling global competitiveness,

30  productivity, and efficiency;

31  


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    CS for CS for SB 1456                         Second Engrossed



 1         2.  Increase the safety and security of the

 2  transportation system for motorized and nonmotorized users;

 3         3.  Increase the accessibility and mobility options

 4  available to people and for freight;

 5         4.  Protect and enhance the environment, promote energy

 6  conservation, and improve quality of life;

 7         5.  Enhance the integration and connectivity of the

 8  transportation system, across and between modes, for people

 9  and freight;

10         6.  Promote efficient system management and operation;

11  and

12         7.  Emphasize the preservation of the existing

13  transportation system.

14         (c)  In order to provide recommendations to the

15  department and local governmental entities regarding

16  transportation plans and programs, each M.P.O. shall:

17         1.  Prepare a congestion management system for the

18  metropolitan area and cooperate with the department in the

19  development of all other transportation management systems

20  required by state or federal law;

21         2.  Assist the department in mapping transportation

22  planning boundaries required by state or federal law;

23         3.  Assist the department in performing its duties

24  relating to access management, functional classification of

25  roads, and data collection;

26         4.  Execute all agreements or certifications necessary

27  to comply with applicable state or federal law;

28         5.  Represent all the jurisdictional areas within the

29  metropolitan area in the formulation of transportation plans

30  and programs required by this section; and

31  


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    CS for CS for SB 1456                         Second Engrossed



 1         6.  Perform all other duties required by state or

 2  federal law.

 3         (d)  Each M.P.O. shall appoint a technical advisory

 4  committee that includes planners; engineers; representatives

 5  of local aviation authorities, port authorities, and public

 6  transit authorities or representatives of aviation

 7  departments, seaport departments, and public transit

 8  departments of municipal or county governments, as applicable;

 9  the school superintendent of each county within the

10  jurisdiction of the M.P.O. or the superintendent's designee;

11  and other appropriate representatives of affected local

12  governments. In addition to any other duties assigned to it by

13  the M.P.O. or by state or federal law, the technical advisory

14  committee is responsible for considering safe access to

15  schools in its review of transportation project priorities,

16  long-range transportation plans, and transportation

17  improvement programs, and shall advise the M.P.O. on such

18  matters. In addition, the technical advisory committee shall

19  coordinate its actions with local school boards and other

20  local programs and organizations within the metropolitan area

21  which participate in school safety activities, such as locally

22  established community traffic safety teams. Local school

23  boards must provide the appropriate M.P.O. with information

24  concerning future school sites and in the coordination of

25  transportation service.

26         (e)1.  Each M.P.O. shall appoint a citizens' advisory

27  committee, the members of which serve at the pleasure of the

28  M.P.O. The membership on the citizens' advisory committee must

29  reflect a broad cross section of local residents with an

30  interest in the development of an efficient, safe, and

31  


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    CS for CS for SB 1456                         Second Engrossed



 1  cost-effective transportation system. Minorities, the elderly,

 2  and the handicapped must be adequately represented.

 3         2.  Notwithstanding the provisions of subparagraph 1.,

 4  an M.P.O. may, with the approval of the department and the

 5  applicable federal governmental agency, adopt an alternative

 6  program or mechanism to ensure citizen involvement in the

 7  transportation planning process.

 8         (f)  The department shall allocate to each M.P.O., for

 9  the purpose of accomplishing its transportation planning and

10  programming duties, an appropriate amount of federal

11  transportation planning funds.

12         (g)  Each M.P.O. may employ personnel or may enter into

13  contracts with local or state agencies, private planning

14  firms, or private engineering firms to accomplish its

15  transportation planning and programming duties required by

16  state or federal law.

17         (h)  A chair's coordinating committee is created,

18  composed of the M.P.O.'s serving Hernando, Hillsborough,

19  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The

20  committee must, at a minimum:

21         1.  Coordinate transportation projects deemed to be

22  regionally significant by the committee.

23         2.  Review the impact of regionally significant land

24  use decisions on the region.

25         3.  Review all proposed regionally significant

26  transportation projects in the respective transportation

27  improvement programs which affect more than one of the

28  M.P.O.'s represented on the committee.

29         4.  Institute a conflict resolution process to address

30  any conflict that may arise in the planning and programming of

31  such regionally significant projects.


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    CS for CS for SB 1456                         Second Engrossed



 1         (i)1.  The Legislature finds that the state's rapid

 2  growth in recent decades has caused many urbanized areas

 3  subject to M.P.O. jurisdiction to become contiguous to each

 4  other. As a result, various transportation projects may cross

 5  from the jurisdiction of one M.P.O. into the jurisdiction of

 6  another M.P.O. To more fully accomplish the purposes for which

 7  M.P.O.'s have been mandated, M.P.O.'s shall develop

 8  coordination mechanisms with one another to expand and improve

 9  transportation within the state. The appropriate method of

10  coordination between M.P.O.'s shall vary depending upon the

11  project involved and given local and regional needs.

12  Consequently, it is appropriate to set forth a flexible

13  methodology that can be used by M.P.O.'s to coordinate with

14  other M.P.O.'s and appropriate political subdivisions as

15  circumstances demand.

16         2.  Any M.P.O. may join with any other M.P.O. or any

17  individual political subdivision to coordinate activities or

18  to achieve any federal or state transportation planning or

19  development goals or purposes consistent with federal or state

20  law. When an M.P.O. determines that it is appropriate to join

21  with another M.P.O. or any political subdivision to coordinate

22  activities, the M.P.O. or political subdivision shall enter

23  into an interlocal agreement pursuant to s. 163.01, which, at

24  a minimum, creates a separate legal or administrative entity

25  to coordinate the transportation planning or development

26  activities required to achieve the goal or purpose; provide

27  the purpose for which the entity is created; provide the

28  duration of the agreement and the entity, and specify how the

29  agreement may be terminated, modified, or rescinded; describe

30  the precise organization of the entity, including who has

31  voting rights on the governing board, whether alternative


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    CS for CS for SB 1456                         Second Engrossed



 1  voting members are provided for, how voting members are

 2  appointed, and what the relative voting strength is for each

 3  constituent M.P.O. or political subdivision; provide the

 4  manner in which the parties to the agreement will provide for

 5  the financial support of the entity and payment of costs and

 6  expenses of the entity; provide the manner in which funds may

 7  be paid to and disbursed from the entity; and provide how

 8  members of the entity will resolve disagreements regarding

 9  interpretation of the interlocal agreement or disputes

10  relating to the operation of the entity. Such interlocal

11  agreement shall become effective upon its recordation in the

12  official public records of each county in which a member of

13  the entity created by the interlocal agreement has a voting

14  member. This paragraph does not require any M.P.O.'s to merge,

15  combine, or otherwise join together as a single M.P.O.

16         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

17  develop a long-range transportation plan that addresses at

18  least a 20-year planning horizon. The plan must include both

19  long-range and short-range strategies and must comply with all

20  other state and federal requirements. The prevailing

21  principles to be considered in the long-range transportation

22  plan are: preserving the existing transportation

23  infrastructure; enhancing Florida's economic competitiveness;

24  and improving travel choices to ensure mobility. The

25  long-range transportation plan must be consistent, to the

26  maximum extent feasible, with future land use elements and the

27  goals, objectives, and policies of the approved local

28  government comprehensive plans of the units of local

29  government located within the jurisdiction of the M.P.O. The

30  approved long-range transportation plan must be considered by

31  local governments in the development of the transportation


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    CS for CS for SB 1456                         Second Engrossed



 1  elements in local government comprehensive plans and any

 2  amendments thereto. The long-range transportation plan must,

 3  at a minimum:

 4         (a)  Identify transportation facilities, including, but

 5  not limited to, major roadways, airports, seaports,

 6  spaceports, commuter rail systems, transit systems, and

 7  intermodal or multimodal terminals that will function as an

 8  integrated metropolitan transportation system.  The long-range

 9  transportation plan must give emphasis to those transportation

10  facilities that serve national, statewide, or regional

11  functions, and must consider the goals and objectives

12  identified in the Florida Transportation Plan as provided in

13  s. 339.155. If a project is located within the boundaries of

14  more than one M.P.O., the M.P.O.'s must coordinate plans

15  regarding the project in the long-range transportation plan.

16         (b)  Include a financial plan that demonstrates how the

17  plan can be implemented, indicating resources from public and

18  private sources which are reasonably expected to be available

19  to carry out the plan, and recommends any additional financing

20  strategies for needed projects and programs. The financial

21  plan may include, for illustrative purposes, additional

22  projects that would be included in the adopted long-range

23  transportation plan if reasonable additional resources beyond

24  those identified in the financial plan were available. For the

25  purpose of developing the long-range transportation plan, the

26  M.P.O. and the department shall cooperatively develop

27  estimates of funds that will be available to support the plan

28  implementation. Innovative financing techniques may be used to

29  fund needed projects and programs.  Such techniques may

30  include the assessment of tolls, the use of value capture

31  financing, or the use of value pricing.


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    CS for CS for SB 1456                         Second Engrossed



 1         (c)  Assess capital investment and other measures

 2  necessary to:

 3         1.  Ensure the preservation of the existing

 4  metropolitan transportation system including requirements for

 5  the operation, resurfacing, restoration, and rehabilitation of

 6  major roadways and requirements for the operation,

 7  maintenance, modernization, and rehabilitation of public

 8  transportation facilities; and

 9         2.  Make the most efficient use of existing

10  transportation facilities to relieve vehicular congestion and

11  maximize the mobility of people and goods.

12         (d)  Indicate, as appropriate, proposed transportation

13  enhancement activities, including, but not limited to,

14  pedestrian and bicycle facilities, scenic easements,

15  landscaping, historic preservation, mitigation of water

16  pollution due to highway runoff, and control of outdoor

17  advertising.

18         (e)  In addition to the requirements of paragraphs

19  (a)-(d), in metropolitan areas that are classified as

20  nonattainment areas for ozone or carbon monoxide, the M.P.O.

21  must coordinate the development of the long-range

22  transportation plan with the State Implementation Plan

23  developed pursuant to the requirements of the federal Clean

24  Air Act.

25  

26  In the development of its long-range transportation plan, each

27  M.P.O. must provide the public, affected public agencies,

28  representatives of transportation agency employees, freight

29  shippers, providers of freight transportation services,

30  private providers of transportation, representatives of users

31  of public transit, and other interested parties with a


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    CS for CS for SB 1456                         Second Engrossed



 1  reasonable opportunity to comment on the long-range

 2  transportation plan. The long-range transportation plan must

 3  be approved by the M.P.O.

 4         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

 5  shall, in cooperation with the state and affected public

 6  transportation operators, develop a transportation improvement

 7  program for the area within the jurisdiction of the M.P.O.  In

 8  the development of the transportation improvement program,

 9  each M.P.O. must provide the public, affected public agencies,

10  representatives of transportation agency employees, freight

11  shippers, providers of freight transportation services,

12  private providers of transportation, representatives of users

13  of public transit, and other interested parties with a

14  reasonable opportunity to comment on the proposed

15  transportation improvement program.

16         (a)  Each M.P.O. is responsible for developing,

17  annually, a list of project priorities and a transportation

18  improvement program. The prevailing principles to be

19  considered by each M.P.O. when developing a list of project

20  priorities and a transportation improvement program are:

21  preserving the existing transportation infrastructure;

22  enhancing Florida's economic competitiveness; and improving

23  travel choices to ensure mobility. The transportation

24  improvement program will be used to initiate federally aided

25  transportation facilities and improvements as well as other

26  transportation facilities and improvements including transit,

27  rail, aviation, spaceport, and port facilities to be funded

28  from the State Transportation Trust Fund within its

29  metropolitan area in accordance with existing and subsequent

30  federal and state laws and rules and regulations related

31  thereto. The transportation improvement program shall be


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    CS for CS for SB 1456                         Second Engrossed



 1  consistent, to the maximum extent feasible, with the approved

 2  local government comprehensive plans of the units of local

 3  government whose boundaries are within the metropolitan area

 4  of the M.P.O.

 5         (b)  Each M.P.O. annually shall prepare a list of

 6  project priorities and shall submit the list to the

 7  appropriate district of the department by October 1 of each

 8  year; however, the department and a metropolitan planning

 9  organization may, in writing, agree to vary this submittal

10  date. The list of project priorities must be formally reviewed

11  by the technical and citizens' advisory committees, and

12  approved by the M.P.O., before it is transmitted to the

13  district. The approved list of project priorities must be used

14  by the district in developing the district work program and

15  must be used by the M.P.O. in developing its transportation

16  improvement program. The annual list of project priorities

17  must be based upon project selection criteria that, at a

18  minimum, consider the following:

19         1.  The approved M.P.O. long-range transportation plan;

20         2.  The Strategic Intermodal System Plan developed

21  under s. 339.64.

22         3.2.  The results of the transportation management

23  systems; and

24         4.3.  The M.P.O.'s public-involvement procedures.

25         (c)  The transportation improvement program must, at a

26  minimum:

27         1.  Include projects and project phases to be funded

28  with state or federal funds within the time period of the

29  transportation improvement program and which are recommended

30  for advancement during the next fiscal year and 4 subsequent

31  fiscal years.  Such projects and project phases must be


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    CS for CS for SB 1456                         Second Engrossed



 1  consistent, to the maximum extent feasible, with the approved

 2  local government comprehensive plans of the units of local

 3  government located within the jurisdiction of the M.P.O.  For

 4  informational purposes, the transportation improvement program

 5  shall also include a list of projects to be funded from local

 6  or private revenues.

 7         2.  Include projects within the metropolitan area which

 8  are proposed for funding under 23 U.S.C. s. 134 of the Federal

 9  Transit Act and which are consistent with the long-range

10  transportation plan developed under subsection (6).

11         3.  Provide a financial plan that demonstrates how the

12  transportation improvement program can be implemented;

13  indicates the resources, both public and private, that are

14  reasonably expected to be available to accomplish the program;

15  identifies any innovative financing techniques that may be

16  used to fund needed projects and programs; and may include,

17  for illustrative purposes, additional projects that would be

18  included in the approved transportation improvement program if

19  reasonable additional resources beyond those identified in the

20  financial plan were available. Innovative financing techniques

21  may include the assessment of tolls, the use of value capture

22  financing, or the use of value pricing.  The transportation

23  improvement program may include a project or project phase

24  only if full funding can reasonably be anticipated to be

25  available for the project or project phase within the time

26  period contemplated for completion of the project or project

27  phase.

28         4.  Group projects and project phases of similar

29  urgency and anticipated staging into appropriate staging

30  periods.

31  


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    CS for CS for SB 1456                         Second Engrossed



 1         5.  Indicate how the transportation improvement program

 2  relates to the long-range transportation plan developed under

 3  subsection (6), including providing examples of specific

 4  projects or project phases that further the goals and policies

 5  of the long-range transportation plan.

 6         6.  Indicate whether any project or project phase is

 7  inconsistent with an approved comprehensive plan of a unit of

 8  local government located within the jurisdiction of the M.P.O.

 9  If a project is inconsistent with an affected comprehensive

10  plan, the M.P.O. must provide justification for including the

11  project in the transportation improvement program.

12         7.  Indicate how the improvements are consistent, to

13  the maximum extent feasible, with affected seaport, airport,

14  and spaceport master plans and with public transit development

15  plans of the units of local government located within the

16  jurisdiction of the M.P.O. If a project is located within the

17  boundaries of more than one M.P.O., the M.P.O.'s must

18  coordinate plans regarding the project in the transportation

19  improvement program.

20         (d)  Projects included in the transportation

21  improvement program and that have advanced to the design stage

22  of preliminary engineering may be removed from or rescheduled

23  in a subsequent transportation improvement program only by the

24  joint action of the M.P.O. and the department. Except when

25  recommended in writing by the district secretary for good

26  cause, any project removed from or rescheduled in a subsequent

27  transportation improvement program shall not be rescheduled by

28  the M.P.O. in that subsequent program earlier than the 5th

29  year of such program.

30         (e)  During the development of the transportation

31  improvement program, the M.P.O. shall, in cooperation with the


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    CS for CS for SB 1456                         Second Engrossed



 1  department and any affected public transit operation, provide

 2  citizens, affected public agencies, representatives of

 3  transportation agency employees, freight shippers, providers

 4  of freight transportation services, private providers of

 5  transportation, representatives of users of public transit,

 6  and other interested parties with reasonable notice of and an

 7  opportunity to comment on the proposed program.

 8         (f)  The adopted annual transportation improvement

 9  program for M.P.O.'s in nonattainment or maintenance areas

10  must be submitted to the district secretary and the Department

11  of Community Affairs at least 90 days before the submission of

12  the state transportation improvement program by the department

13  to the appropriate federal agencies. The annual transportation

14  improvement program for M.P.O.'s in attainment areas must be

15  submitted to the district secretary and the Department of

16  Community Affairs at least 45 days before the department

17  submits the state transportation improvement program to the

18  appropriate federal agencies; however, the department, the

19  Department of Community Affairs, and a metropolitan planning

20  organization may, in writing, agree to vary this submittal

21  date.  The Governor or the Governor's designee shall review

22  and approve each transportation improvement program and any

23  amendments thereto.

24         (g)  The Department of Community Affairs shall review

25  the annual transportation improvement program of each M.P.O.

26  for consistency with the approved local government

27  comprehensive plans of the units of local government whose

28  boundaries are within the metropolitan area of each M.P.O. and

29  shall identify those projects that are inconsistent with such

30  comprehensive plans. The Department of Community Affairs shall

31  notify an M.P.O. of any transportation projects contained in


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    CS for CS for SB 1456                         Second Engrossed



 1  its transportation improvement program which are inconsistent

 2  with the approved local government comprehensive plans of the

 3  units of local government whose boundaries are within the

 4  metropolitan area of the M.P.O.

 5         (h)  The M.P.O. shall annually publish or otherwise

 6  make available for public review the annual listing of

 7  projects for which federal funds have been obligated in the

 8  preceding year. Project monitoring systems must be maintained

 9  by those agencies responsible for obligating federal funds and

10  made accessible to the M.P.O.'s.

11         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

12  develop, in cooperation with the department and public

13  transportation providers, a unified planning work program that

14  lists all planning tasks to be undertaken during the program

15  year. The unified planning work program must provide a

16  complete description of each planning task and an estimated

17  budget therefor and must comply with applicable state and

18  federal law.

19         (9)  AGREEMENTS.--

20         (a)  Each M.P.O. shall execute the following written

21  agreements, which shall be reviewed, and updated as necessary,

22  every 5 years:

23         1.  An agreement with the department clearly

24  establishing the cooperative relationship essential to

25  accomplish the transportation planning requirements of state

26  and federal law.

27         2.  An agreement with the metropolitan and regional

28  intergovernmental coordination and review agencies serving the

29  metropolitan areas, specifying the means by which activities

30  will be coordinated and how transportation planning and

31  


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    CS for CS for SB 1456                         Second Engrossed



 1  programming will be part of the comprehensive planned

 2  development of the area.

 3         3.  An agreement with operators of public

 4  transportation systems, including transit systems, commuter

 5  rail systems, airports, seaports, and spaceports, describing

 6  the means by which activities will be coordinated and

 7  specifying how public transit, commuter rail, aviation,

 8  seaport, and aerospace planning and programming will be part

 9  of the comprehensive planned development of the metropolitan

10  area.

11         (b)  An M.P.O. may execute other agreements required by

12  state or federal law or as necessary to properly accomplish

13  its functions.

14         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

15  COUNCIL.--

16         (a)  A Metropolitan Planning Organization Advisory

17  Council is created to augment, and not supplant, the role of

18  the individual M.P.O.'s in the cooperative transportation

19  planning process described in this section.

20         (b)  The council shall consist of one representative

21  from each M.P.O. and shall elect a chairperson annually from

22  its number.  Each M.P.O. shall also elect an alternate

23  representative from each M.P.O. to vote in the absence of the

24  representative. Members of the council do not receive any

25  compensation for their services, but may be reimbursed from

26  funds made available to council members for travel and per

27  diem expenses incurred in the performance of their council

28  duties as provided in s. 112.061.

29         (c)  The powers and duties of the Metropolitan Planning

30  Organization Advisory Council are to:

31  


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    CS for CS for SB 1456                         Second Engrossed



 1         1.  Enter into contracts with individuals, private

 2  corporations, and public agencies.

 3         2.  Acquire, own, operate, maintain, sell, or lease

 4  personal property essential for the conduct of business.

 5         3.  Accept funds, grants, assistance, gifts, or

 6  bequests from private, local, state, or federal sources.

 7         4.  Establish bylaws and adopt rules pursuant to ss.

 8  120.536(1) and 120.54 to implement provisions of law

 9  conferring powers or duties upon it.

10         5.  Assist M.P.O.'s in carrying out the urbanized area

11  transportation planning process by serving as the principal

12  forum for collective policy discussion pursuant to law.

13         6.  Serve as a clearinghouse for review and comment by

14  M.P.O.'s on the Florida Transportation Plan and on other

15  issues required to comply with federal or state law in

16  carrying out the urbanized area transportation and systematic

17  planning processes instituted pursuant to s. 339.155.

18         7.  Employ an executive director and such other staff

19  as necessary to perform adequately the functions of the

20  council, within budgetary limitations. The executive director

21  and staff are exempt from part II of chapter 110 and serve at

22  the direction and control of the council.  The council is

23  assigned to the Office of the Secretary of the Department of

24  Transportation for fiscal and accountability purposes, but it

25  shall otherwise function independently of the control and

26  direction of the department.

27         8.  Adopt an agency strategic plan that provides the

28  priority directions the agency will take to carry out its

29  mission within the context of the state comprehensive plan and

30  any other statutory mandates and directions given to the

31  agency.


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    CS for CS for SB 1456                         Second Engrossed



 1         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

 2  an agency of the Federal Government that any provision of this

 3  section conflicts with federal laws or regulations, such

 4  federal laws or regulations will take precedence to the extent

 5  of the conflict until such conflict is resolved.  The

 6  department or an M.P.O. may take any necessary action to

 7  comply with such federal laws and regulations or to continue

 8  to remain eligible to receive federal funds.

 9         Section 5.  Subsection (12) is added to section

10  338.251, Florida Statutes, to read:

11         338.251  Toll Facilities Revolving Trust Fund.--The

12  Toll Facilities Revolving Trust Fund is hereby created for the

13  purpose of encouraging the development and enhancing the

14  financial feasibility of revenue-producing road projects

15  undertaken by local governmental entities in a county or

16  combination of contiguous counties and the turnpike

17  enterprise.

18         (12)  Notwithstanding subsection (4), by agreement with

19  the department, the Emerald Coast Bridge Authority may revise

20  the repayment schedule of any previous advances, which shall

21  not be considered a failure to repay if the effort to

22  undertake a revenue-producing road project is being conducted

23  in good faith and all other requirements of law are met.

24         Section 6.  Section 334.30, Florida Statutes, is

25  amended to read:

26         334.30  Public-private Private transportation

27  facilities.--The Legislature hereby finds and declares that

28  there is a public need for rapid construction of safe and

29  efficient transportation facilities for the purpose of travel

30  within the state, and that it is in the public's interest to

31  


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    CS for CS for SB 1456                         Second Engrossed



 1  provide for the construction of additional safe, convenient,

 2  and economical transportation facilities.

 3         (1)  The department may receive or solicit proposals

 4  and, with legislative approval as evidenced by approval of the

 5  project in the department's work program by a separate bill

 6  for each facility, enter into agreements with private

 7  entities, or consortia thereof, for the building, operation,

 8  ownership, or financing of transportation facilities. The

 9  department may advance projects programmed in the adopted

10  5-year work program using funds provided by public-private

11  partnerships or private entities to be reimbursed from

12  department funds for the project as programmed in the adopted

13  work program. The department shall by rule establish an

14  application fee for the submission of proposals under this

15  section. The fee must be sufficient to pay the costs of

16  evaluating the proposals. The department may engage the

17  services of private consultants to assist in the evaluation.

18  Before seeking legislative approval, the department must

19  determine that the proposed project:

20         (a)  Is in the public's best interest;

21         (b)  Would not require state funds to be used unless

22  the project is on the State Highway System there is an

23  overriding state interest; and

24         (c)  Would have adequate safeguards in place to ensure

25  that no additional costs or service disruptions would be

26  realized by the traveling public and citizens of the state in

27  the event of default or cancellation of the agreement by the

28  department.

29  

30  The department shall ensure that all reasonable costs to the

31  state and substantially affected local governments and


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 1  utilities, related to the private transportation facilities

 2  that are not part of the State Highway System facility, are

 3  borne by the private entity. The department shall also ensure

 4  that all reasonable costs to the state and substantially

 5  affected local governments and utilities, related to the

 6  private transportation facility, are borne by the private

 7  entity for transportation facilities that are owned by private

 8  entities. For projects on the State Highway System, the

 9  department may use state resources to participate in funding

10  and financing the project as provided for under the

11  department's enabling legislation.

12         (2)  Agreements entered into pursuant to this section

13  may authorize the private entity to impose tolls or fares for

14  the use of the facility.  However, the amount and use of toll

15  or fare revenues shall may be regulated by the department to

16  avoid unreasonable costs to users of the facility.

17         (3)  Each private transportation facility constructed

18  pursuant to this section shall comply with all requirements of

19  federal, state, and local laws; state, regional, and local

20  comprehensive plans; department rules, policies, procedures,

21  and standards for transportation facilities; and any other

22  conditions which the department determines to be in the

23  public's best interest.

24         (4)  The department may exercise any power possessed by

25  it, including eminent domain, with respect to the development

26  and construction of state transportation projects to

27  facilitate the development and construction of transportation

28  projects pursuant to this section.  The department may provide

29  services to the private entity.  Agreements for maintenance,

30  law enforcement, and other services entered into pursuant to

31  


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 1  this section shall provide for full reimbursement for services

 2  rendered for projects not on the State Highway System.

 3         (5)  Except as herein provided, the provisions of this

 4  section are not intended to amend existing laws by granting

 5  additional powers to, or further restricting, local

 6  governmental entities from regulating and entering into

 7  cooperative arrangements with the private sector for the

 8  planning, construction, and operation of transportation

 9  facilities.

10         (6)  The department may request proposals from private

11  entities for public-private transportation projects or, if the

12  department receives an unsolicited proposal, the department

13  shall publish a notice in the Florida Administrative Weekly

14  and a newspaper of general circulation at least once a week

15  for 2 weeks stating that the department has received the

16  proposal and will accept, for 60 days after the initial date

17  of publication, other proposals for the same project purpose.

18  A copy of the notice must be mailed to each local government

19  in the affected area. After the public notification period has

20  expired, the department shall rank the proposals in order of

21  preference. In ranking the proposals the department may

22  consider factors, including, but not limited to, professional

23  qualifications, general business terms, innovative engineering

24  or cost-reduction terms, finance plans, and the need for state

25  funds to deliver the project. If the department is not

26  satisfied with the results of the negotiations, the department

27  may, at its sole discretion, terminate negotiations with the

28  proposer. If these negotiations are unsuccessful, the

29  department may go to the second-ranked and lower-ranked firms,

30  in order, using this same procedure. If only one proposal is

31  received, the department may negotiate in good faith and, if


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    CS for CS for SB 1456                         Second Engrossed



 1  the department is not satisfied with the results of the

 2  negotiations, the department may, at its sole discretion,

 3  terminate negotiations with the proposer. Notwithstanding this

 4  subsection, the department may, at its discretion, reject all

 5  proposals at any point in the process up to completion of a

 6  contract with the proposer.

 7         (7)  The department may lend funds from the Toll

 8  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

 9  private entities that construct projects on the State Highway

10  System containing toll facilities that are approved under this

11  section. To be eligible, a private entity must comply with s.

12  338.251 and must provide an indication from a nationally

13  recognized rating agency that the senior bonds for the project

14  will be investment grade, or must provide credit support such

15  as a letter of credit or other means acceptable to the

16  department, to ensure that the loans will be fully repaid. The

17  state's liability for the funding of a facility is limited to

18  the amount approved for that specific facility in the

19  department's 5-year work program adopted pursuant to s.

20  339.135.

21         (8)(6)  A fixed-guideway transportation system

22  authorized by the department to be wholly or partially within

23  the department's right-of-way pursuant to a lease granted

24  under s. 337.251 may operate at any safe speed.

25         Section 7.  Subsection (6) of section 338.001, Florida

26  Statutes, is amended to read:

27         338.001  Florida Intrastate Highway System Plan.--

28         (6)  For the purposes of developing the proposed plan,

29  beginning in fiscal year 2003-2004 1993-1994 and for each

30  fiscal year thereafter, the minimum amount allocated shall be

31  based on the fiscal year 2003-2004 1992-1993 allocation of


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 1  $450 $151.3 million adjusted annually by the change in the

 2  Consumer Price Index for the prior fiscal year compared to the

 3  Consumer Price Index for fiscal year 2003-2004 1991-1992.  No

 4  amounts from the funds dedicated to the Florida Intrastate

 5  Highway System shall be allocated to turnpike projects after

 6  the 1993-1994 fiscal year.

 7         Section 8.  Section 339.08, Florida Statutes, is

 8  amended to read:

 9         339.08  Use of moneys in State Transportation Trust

10  Fund.--

11         (1)  The department shall expend by rule provide for

12  the expenditure of the moneys in the State Transportation

13  Trust Fund accruing to the department, in accordance with its

14  annual budget.

15         (2)  These rules must restrict The use of such moneys

16  shall be restricted to the following purposes:

17         (a)  To pay administrative expenses of the department,

18  including administrative expenses incurred by the several

19  state transportation districts, but excluding administrative

20  expenses of commuter rail authorities that do not operate rail

21  service.

22         (b)  To pay the cost of construction of the State

23  Highway System.

24         (c)  To pay the cost of maintaining the State Highway

25  System.

26         (d)  To pay the cost of public transportation projects

27  in accordance with chapter 341 and ss. 332.003-332.007.

28         (e)  To reimburse counties or municipalities for

29  expenditures made on projects in the State Highway System as

30  authorized by s. 339.12(4) upon legislative approval.

31  


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 1         (f)  To pay the cost of economic development

 2  transportation projects in accordance with s. 288.063.

 3         (g)  To lend or pay a portion of the operating,

 4  maintenance, and capital costs of a revenue-producing

 5  transportation project that is located on the State Highway

 6  System or that is demonstrated to relieve traffic congestion

 7  on the State Highway System.

 8         (h)  To match any federal-aid funds allocated for any

 9  other transportation purpose, including funds allocated to

10  projects not located in the State Highway System.

11         (i)  To pay the cost of county road projects selected

12  in accordance with the Small County Road Assistance Program

13  created in s. 339.2816.

14         (j)  To pay the cost of county or municipal road

15  projects selected in accordance with the County Incentive

16  Grant Program created in s. 339.2817 and the Small County

17  Outreach Program created in s. 339.2818.

18         (k)  To provide loans and credit enhancements for use

19  in constructing and improving highway transportation

20  facilities selected in accordance with the state-funded

21  infrastructure bank created in s. 339.55.

22         (l)  To pay the cost of projects on the Florida

23  Strategic Intermodal System created in s. 339.61 fund the

24  Transportation Outreach Program created in s. 339.137.

25         (m)  To pay other lawful expenditures of the

26  department.

27         (2)(3)  Unless specifically provided in the General

28  Appropriations Act or the substantive bill implementing the

29  General Appropriations Act, no moneys in the State

30  Transportation Trust Fund may be used to fund the operational

31  or capital outlay cost for any correctional facility of the


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    CS for CS for SB 1456                         Second Engrossed



 1  Department of Corrections.  The department shall, however,

 2  enter into contractual arrangements with the Department of

 3  Corrections for those specific maintenance functions that can

 4  be performed effectively by prison inmates under the

 5  supervision of Department of Corrections personnel with

 6  technical assistance being provided by the department.  The

 7  cost of such contracts must not exceed the cost that would be

 8  incurred by the department if these functions were to be

 9  performed by its personnel or by contract with another entity

10  unless, notwithstanding cost, the department can clearly

11  demonstrate that for reasons of expediency or efficiency it is

12  in the best interests of the department to contract with the

13  Department of Corrections.

14         (3)(4)  The department may authorize the investment of

15  the earnings accrued and collected upon the investment of the

16  minimum balance of funds required to be maintained in the

17  State Transportation Trust Fund pursuant to s. 339.135(6)(b).

18  Such investment shall be limited as provided in s.

19  288.9607(7).

20         (4)(5)  For the 2003-2004 fiscal year only and

21  notwithstanding the provisions of this section and s.

22  339.09(1), $200 million may be transferred from the State

23  Transportation Trust Fund to the General Revenue Fund in the

24  2003-2004 General Appropriations Act. Such transfer may be

25  comprised of several smaller transfers made during the

26  2003-2004 fiscal year. Notwithstanding ss. 206.46(3) and

27  206.606(2), the total amount transferred shall be reduced from

28  total state revenues deposited into the State Transportation

29  Trust Fund for the calculation requirements of ss. 206.46(3)

30  and 206.606(2). This subsection expires July 1, 2004.

31  


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    CS for CS for SB 1456                         Second Engrossed



 1         Section 9.  Paragraph (a) of subsection (4) of section

 2  339.135, Florida Statutes, is amended to read:

 3         339.135  Work program; legislative budget request;

 4  definitions; preparation, adoption, execution, and

 5  amendment.--

 6         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

 7         (a)1.  To assure that no district or county is

 8  penalized for local efforts to improve the State Highway

 9  System, the department shall, for the purpose of developing a

10  tentative work program, allocate funds for new construction to

11  the districts, except for the turnpike enterprise, based on

12  equal parts of population and motor fuel tax collections.

13  Funds for resurfacing, bridge repair and rehabilitation,

14  bridge fender system construction or repair, public transit

15  projects except public transit block grants as provided in s.

16  341.052, and other programs with quantitative needs

17  assessments shall be allocated based on the results of these

18  assessments. The department may not transfer any funds

19  allocated to a district under this paragraph to any other

20  district except as provided in subsection (7). Funds for

21  public transit block grants shall be allocated to the

22  districts pursuant to s. 341.052. Funds for the intercity bus

23  program provided for under s. 5311(f) of the federal

24  nonurbanized area formula program shall be administered and

25  allocated directly to eligible bus carriers as defined in s.

26  341.031(12) at the state level rather than the district.  In

27  order to provide state funding to support the intercity bus

28  program provided for under provisions of the federal 5311(f)

29  program, the department shall allocate an amount equal to the

30  federal share of the 5311(f) program from amounts calculated

31  pursuant to s. 206.46(3).


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 1         2.  Notwithstanding the provisions of subparagraph 1.,

 2  the department shall allocate at least 50 percent of any new

 3  discretionary highway capacity funds to the Florida Strategic

 4  Intermodal Intrastate Highway System created established

 5  pursuant to s. 339.61 s. 338.001.  Any remaining new

 6  discretionary highway capacity funds shall be allocated to the

 7  districts for new construction as provided in subparagraph 1.

 8  For the purposes of this subparagraph, the term "new

 9  discretionary highway capacity funds" means any funds

10  available to the department above the prior year funding level

11  for  capacity improvements, which the department has the

12  discretion to allocate to highway projects.

13         Section 10.  Section 339.137, Florida Statutes, is

14  repealed.

15         Section 11.  Section 339.1371, Florida Statutes, is

16  amended to read:

17         339.1371  Mobility 2000; Transportation Outreach

18  Program; funding.--

19         (1)  Beginning in fiscal year 2000-2001 the Department

20  of Transportation shall allocate sufficient funds to implement

21  the Mobility 2000 (Building Roads for the 21st Century)

22  initiative. The department shall develop a plan to expend

23  these revenues and amend the current tentative work program

24  for the time period 2000-2001 through 2004-2005 prior to

25  adoption to include Mobility 2000 projects. In addition, prior

26  to work program adoption, the department shall submit a budget

27  amendment pursuant to s. 339.135(7), requesting budget

28  authority needed to implement the Mobility 2000 initiative.

29  Funds will be used for corridors that link Florida's economic

30  regions to seaports, international airports, and markets to

31  provide connections through major gateways, improved mobility


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    CS for CS for SB 1456                         Second Engrossed



 1  in major urbanized areas, and access routes for emergency

 2  evacuation to coastal communities based on analysis of current

 3  and projected traffic conditions.

 4         (2)  Notwithstanding any other provision of law, in

 5  fiscal year 2001-2002 and each year thereafter, the increase

 6  in revenue to the State Transportation Trust Fund derived from

 7  ss. 1, 2, 3, 7, 9, and 10, ch. 2000-257, Laws of Florida,

 8  shall be first used by the Department of Transportation to

 9  fund the Mobility 2000 initiative and any remaining funds

10  shall be used to fund the Florida Strategic Intermodal System

11  Transportation Outreach Program created pursuant to s. 339.61

12  s. 339.137. Notwithstanding any other law to the contrary, the

13  requirements of ss. 206.46(3) and 206.606(2) shall not apply

14  to the Mobility 2000 initiative.

15         Section 12.  Subsection (1) of section 339.61, Florida

16  Statutes, is amended to read:

17         339.61  Florida Strategic Intermodal System;

18  legislative findings, declaration, and intent.--

19         (1)  There is hereby created the Florida Strategic

20  Intermodal System. For purposes of funding projects under the

21  system, the department shall allocate from the State

22  Transportation Trust Fund in its program and resource plan a

23  minimum of $60 million each year, beginning in the 2004-2005

24  fiscal year. This allocation of funds is in addition to any

25  funding provided to this system by any other provision of law.

26         Section 13.  Subsection (1) of section 337.401, Florida

27  Statutes, is amended to read:

28         337.401  Use of right-of-way for utilities subject to

29  regulation; permit; fees.--

30         (1)  The department and local governmental entities,

31  referred to in ss. 337.401-337.404 as the "authority," that


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    CS for CS for SB 1456                         Second Engrossed



 1  have jurisdiction and control of public roads or publicly

 2  owned rail corridors are authorized to prescribe and enforce

 3  reasonable rules or regulations with reference to the placing

 4  and maintaining along, across, or on any road or publicly

 5  owned rail corridors under their respective jurisdictions any

 6  electric transmission, telephone, telegraph, or other

 7  communications services lines; pole lines; poles; railways;

 8  ditches; sewers; water, heat, or gas mains; pipelines; fences;

 9  gasoline tanks and pumps; or other structures hereinafter

10  referred to as the "utility." The department may enter into a

11  permit-delegation agreement with a governmental entity if

12  issuance of a permit is based on requirements that the

13  department finds will ensure the safety and integrity of

14  facilities of the Department of Transportation; however, the

15  permit-delegation agreement does not apply to facilities of

16  electric utilities as defined in s. 366.02(2).

17         Section 14.  Section 95.361, Florida Statutes, is

18  amended to read:

19         95.361  Roads presumed to be dedicated.--

20         (1)  When a road, constructed by a county, a

21  municipality, or the Department of Transportation, has been

22  maintained or repaired continuously and uninterruptedly for 4

23  years by the county, municipality, or the Department of

24  Transportation, jointly or severally, the road shall be deemed

25  to be dedicated to the public to the extent in width that has

26  been actually maintained for the prescribed period, whether or

27  not the road has been formally established as a public

28  highway.  The dedication shall vest all right, title,

29  easement, and appurtenances in and to the road in:

30         (a)  The county, if it is a county road;

31  


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 1         (b)  The municipality, if it is a municipal street or

 2  road; or

 3         (c)  The state, if it is a road in the State Highway

 4  System or State Park Road System,

 5  

 6  whether or not there is a record of a conveyance, dedication,

 7  or appropriation to the public use.

 8         (2)  In those instances where a road has been

 9  constructed by a nongovernmental entity, or where the road was

10  not constructed by the entity currently maintaining or

11  repairing it, or where it cannot be determined who constructed

12  the road, and when such road has been regularly maintained or

13  repaired for the immediate past 7 years by a county, a

14  municipality, or the Department of Transportation, whether

15  jointly or severally, such road shall be deemed to be

16  dedicated to the public to the extent of the width that

17  actually has been maintained or repaired for the prescribed

18  period, whether or not the road has been formally established

19  as a public highway. This subsection shall not apply to an

20  electric utility, as defined in s. 366.02(2) The dedication

21  shall vest all rights, title, easement, and appurtenances in

22  and to the road in:

23         (a)  The county, if it is a county road;

24         (b)  The municipality, if it is a municipal street or

25  road; or

26         (c)  The state, if it is a road in the State Highway

27  System or State Park Road System,

28  

29  whether or not there is a record of conveyance, dedication, or

30  appropriation to the public use.

31  


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 1         (3)  The filing of a map in the office of the clerk of

 2  the circuit court of the county where the road is located

 3  showing the lands and reciting on it that the road has vested

 4  in the state, a county, or a municipality in accordance with

 5  subsection (1) or subsection (2) or by any other means of

 6  acquisition, duly certified by:

 7         (a)  The secretary of the Department of Transportation,

 8  or the secretary's designee, if the road is a road in the

 9  State Highway System or State Park Road System;

10         (b)  The chair and clerk of the board of county

11  commissioners of the county, if the road is a county road; or

12         (c)  The mayor and clerk of the municipality, if the

13  road is a municipal road or street,

14  

15  shall be prima facie evidence of ownership of the land by the

16  state, county, or municipality, as the case may be.

17         (4)  Any person, firm, corporation, or entity having or

18  claiming any interest in and to any of the property affected

19  by subsection (2) shall have and is hereby allowed a period of

20  1 year after the effective date of this subsection, or a

21  period of 7 years after the initial date of regular

22  maintenance or repair of the road, whichever period is

23  greater, to file a claim in equity or with a court of law

24  against the particular governing authority assuming

25  jurisdiction over such property to cause a cessation of the

26  maintenance and occupation of the property. Such timely filed

27  and adjudicated claim shall prevent the dedication of the road

28  to the public pursuant to subsection (2).

29         (5)  This section does not apply to any facility of an

30  electric utility which is located on property otherwise

31  subject to this section.


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 1         Section 15.  Subsections (2) and (6) of section

 2  341.8203, Florida Statutes, are amended to read:

 3         341.8203  Definitions.--As used in this act, unless the

 4  context clearly indicates otherwise, the term:

 5         (2)  "Authority" means the Florida High-Speed Rail

 6  Authority and its agents. However, for purposes of s. 341.840,

 7  the term does not include any agent of the authority except as

 8  provided in that section.

 9         (6)  "High-speed rail system" means any high-speed

10  fixed guideway system for transporting people or goods, which

11  system is capable of operating at speeds in excess of 120

12  miles per hour, including, but not limited to, a monorail

13  system, dual track rail system, suspended rail system,

14  magnetic levitation system, pneumatic repulsion system, or

15  other system approved by the authority. The term includes a

16  corridor and structures essential to the operation of the

17  line, including the land, structures, improvements,

18  rights-of-way, easements, rail lines, rail beds, guideway

19  structures, stations, platforms, switches, yards, parking

20  facilities, power relays, switching houses, and rail stations,

21  associated development, and also includes any other facilities

22  or equipment used exclusively or useful for the purposes of

23  high-speed rail system design, construction, operation,

24  maintenance, or the financing of the high-speed rail system.

25         Section 16.  Section 341.840, Florida Statutes, is

26  amended to read:

27         341.840  Tax exemption.--

28         (1)  The exercise of the powers granted by this act

29  will be in all respects for the benefit of the people of this

30  state, for the increase of their commerce, welfare, and

31  prosperity, and for the improvement of their health and living


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 1  conditions., and as The design, construction building,

 2  operation, maintenance, and financing of a high-speed rail

 3  system by the authority, or its agent, or the owner or lessee

 4  thereof, as herein authorized, constitutes the performance of

 5  an essential public function.

 6         (2)(a)  For the purposes of this section, the term

 7  "authority" does not include agents of the authority other

 8  than contractors who qualify as such pursuant to subsection

 9  (7).

10         (b)  For the purposes of this section, any item or

11  property that is within the definition of "associated

12  development" in s. 341.8203(1) shall not be considered to be

13  part of the high-speed rail system as defined in s.

14  341.8203(6).

15         (3)(a)  Purchases or leases of tangible personal

16  property or real property by the authority, excluding agents

17  of the authority, are exempt from taxes imposed by chapter 212

18  as provided in s. 212.08(6). Purchases or leases of tangible

19  personal property that is incorporated into the high-speed

20  rail system as a component part thereof, as determined by the

21  authority, by agents of the authority or the owner of the

22  high-speed rail system are exempt from sales or use taxes

23  imposed by chapter 212. Leases, rentals, or licenses to use

24  real property granted to agents of the authority or the owner

25  of the high-speed rail system are exempt from taxes imposed by

26  s. 212.031 if the real property becomes part of such system.

27  The exemptions granted in this subsection do not apply to

28  sales, leases, or licenses by the authority, agents of the

29  authority, or the owner of the high-speed rail system.

30         (b)  The exemption granted in paragraph (a) to

31  purchases or leases of tangible personal property by agents of


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 1  the authority or by the owner of the high-speed rail system

 2  applies only to property that becomes a component part of such

 3  system. It does not apply to items, including, but not limited

 4  to, cranes, bulldozers, forklifts, other machinery and

 5  equipment, tools and supplies, or other items of tangible

 6  personal property used in the construction, operation, or

 7  maintenance of the high-speed rail system when such items are

 8  not incorporated into the high-speed rail system as a

 9  component part thereof.

10         (4)  Any bonds or other, neither the authority, its

11  agent, nor the owner of such system shall be required to pay

12  any taxes or assessments upon or in respect to the system or

13  any property acquired or used by the authority, its agent, or

14  such owner under the provisions of this act or upon the income

15  therefrom, any security, and all notes, mortgages, security

16  agreements, letters of credit, or other instruments that arise

17  out of or are given to secure the repayment of bonds or other

18  security, issued by the authority, or on behalf of the

19  authority therefor, their transfer, and the income therefrom,

20  including any profit made on the sale thereof, shall at all

21  times be free from taxation of every kind by the state, the

22  counties, and the municipalities and other political

23  subdivisions in the state. This subsection, however, does not

24  exempt from taxation or assessment the leasehold interest of a

25  lessee in any project or any other property or interest owned

26  by the lessee. The exemption granted by this subsection is not

27  applicable to any tax imposed by chapter 220 on interest

28  income or profits on the sale of debt obligations owned by

29  corporations.

30         (5)  When property of the authority is leased to

31  another person or entity, the property shall be exempt from ad


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 1  valorem taxation only if the use by the lessee qualifies the

 2  property for exemption under s. 196.199.

 3         (6)  A leasehold interest held by the authority is not

 4  subject to intangible tax. However, if a leasehold interest

 5  held by the authority is subleased to a nongovernmental

 6  lessee, such subleasehold interest shall be deemed to be an

 7  interest described in s. 199.023(1)(d), and is subject to the

 8  intangible tax.

 9         (7)(a)  In order to be considered an agent of the

10  authority for purposes of the exemption from sales and use tax

11  granted by subsection (3) for tangible personal property

12  incorporated into the high-speed rail system, a contractor of

13  the authority that purchases or fabricates such tangible

14  personal property must be certified by the authority as

15  provided in this subsection.

16         (b)1.  A contractor must apply for a renewal of the

17  exemption not later than December 1 of each calendar year.

18         2.  A contractor must apply to the authority on the

19  application form adopted by the authority, which shall develop

20  the form in consultation with the Department of Revenue.

21         3.  The authority shall review each submitted

22  application and determine whether it is complete. The

23  authority shall notify the applicant of any deficiencies in

24  the application within 30 days. Upon receipt of a completed

25  application, the authority shall evaluate the application for

26  exemption under this subsection and issue a certification that

27  the contractor is qualified to act as an agent of the

28  authority for purposes of this section or a denial of such

29  certification within 30 days. The authority shall provide the

30  Department of Revenue with a copy of each certification issued

31  upon approval of an application. Upon receipt of a


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 1  certification from the authority, the Department of Revenue

 2  shall issue an exemption permit to the contractor.

 3         (c)1.  The contractor may extend a copy of its

 4  exemption permit to its vendors in lieu of paying sales tax on

 5  purchases of tangible personal property qualifying for

 6  exemption under this section. Possession of a copy of the

 7  exemption permit relieves the seller of the responsibility of

 8  collecting tax on the sale, and the Department of Revenue

 9  shall look solely to the contractor for recovery of tax upon a

10  determination that the contractor was not entitled to the

11  exemption.

12         2.  The contractor may extend a copy of its exemption

13  permit to real property subcontractors supplying and

14  installing tangible personal property that is exempt under

15  subsection (3). Any such subcontractor is authorized to extend

16  a copy of the permit to the subcontractor's vendors in order

17  to purchase qualifying tangible personal property tax-exempt.

18  If the subcontractor uses the exemption permit to purchase

19  tangible personal property that is determined not to qualify

20  for exemption under subsection (3), the Department of Revenue

21  may assess and collect any tax, penalties, and interest that

22  are due from either the contractor holding the exemption

23  permit or the subcontractor that extended the exemption permit

24  to the seller.

25         (d)  Any contractor authorized to act as an agent of

26  the authority under this section shall maintain the necessary

27  books and records to document the exempt status of purchases

28  and fabrication costs made or incurred under the permit. In

29  addition, an authorized contractor extending its exemption

30  permit to its subcontractors shall maintain a copy of the

31  subcontractor's books, records, and invoices indicating all


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 1  purchases made by the subcontractor under the authorized

 2  contractor's permit. If, in an audit conducted by the

 3  Department of Revenue, it is determined that tangible personal

 4  property purchased or fabricated claiming exemption under this

 5  section does not meet the criteria for exemption, the amount

 6  of taxes not paid at the time of purchase or fabrication shall

 7  be immediately due and payable to the Department of Revenue,

 8  together with the appropriate interest and penalty, computed

 9  from the date of purchase, in the manner prescribed by chapter

10  212.

11         (e)  If a contractor fails to apply for a high-speed

12  rail system exemption permit, or if a contractor initially

13  determined by the authority to not qualify for exemption is

14  subsequently determined to be eligible, the contractor shall

15  receive the benefit of the exemption in this subsection

16  through a refund of previously paid taxes for transactions

17  that otherwise would have been exempt. A refund may not be

18  made for such taxes without the issuance of a certification by

19  the authority that the contractor was authorized to make

20  purchases tax-exempt and a determination by the Department of

21  Revenue that the purchases qualified for the exemption.

22         (f)  The authority may adopt rules governing the

23  application process for exemption of a contractor as an

24  authorized agent of the authority.

25         (g)  The Department of Revenue may adopt rules

26  governing the issuance and form of high-speed rail system

27  exemption permits, the audit of contractors and subcontractors

28  using such permits, the recapture of taxes on nonqualified

29  purchases, and the manner and form of refund applications.

30         Section 17.  Section 343.71, Florida Statutes, is

31  amended to read:


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 1         343.71  Short title.--This part may be cited as the

 2  "Tampa Bay Commuter Transit Rail Authority Act."

 3         Section 18.  Subsection (1) of section 343.72, Florida

 4  Statutes, is amended to read:

 5         343.72  Definitions.--As used in this part, unless the

 6  context clearly indicates otherwise, the term:

 7         (1)  "Authority" means the Tampa Bay Commuter Transit

 8  Rail Authority.

 9         Section 19.  Section 343.73, Florida Statutes, is

10  amended to read:

11         343.73  Tampa Bay Commuter Transit Rail Authority.--

12         (1)  There is created and established a body politic

13  and corporate, an agency of the state, to be known as the

14  Tampa Bay Commuter Transit Rail Authority, hereinafter

15  referred to as the authority.

16         (2)  The board shall consist of the following members:

17         (a)  The metropolitan planning organizations of

18  Hernando, Hillsborough, Pasco, Pinellas, Manatee, Sarasota,

19  and Polk Counties shall each elect a member as its

20  representative on the board. The member must be an elected

21  official and a member of the respective metropolitan planning

22  organization when elected and for the full extent of his or

23  her term on the board.

24         (b)  The county commissions of those counties shall

25  each appoint a citizen member to the board who is not a county

26  commissioner but who is a resident and a qualified elector of

27  that county. Insofar as is practicable, the citizen member

28  shall represent the business and civic interests of the

29  community.

30         (c)  The Secretary of Transportation shall appoint as a

31  member of the board the district secretary, or his or her


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 1  designee, for each district within the seven five counties

 2  served by the authority.

 3         (d)  The local transit authority in each of the seven

 4  five counties shall elect one member who shall serve as an ex

 5  officio nonvoting member of the board.

 6         (e)  The Governor shall appoint one member to the board

 7  who is a resident and a qualified elector in the area served

 8  by the authority.

 9         (3)  The terms of the county commissioners on the

10  governing board of the authority shall be 2 years.  All other

11  members on the governing board of the authority shall serve

12  staggered 4-year terms.  Each member shall hold office until

13  his or her successor has been appointed.

14         (4)  A vacancy during a term shall be filled by the

15  respective appointing authority within 90 days in the same

16  manner as the original appointment and only for the balance of

17  the unexpired term.

18         (5)  The members of the authority shall not be entitled

19  to compensation, but shall be reimbursed for travel expenses

20  actually incurred in their duties as provided by law.

21         (6)  Members of the authority shall be required to

22  comply with the applicable financial disclosure requirements

23  of ss. 112.3145, 112.3148, and 112.3149.

24         Section 20.  Subsection (1) of section 343.74, Florida

25  Statutes, is amended to read:

26         343.74  Powers and duties.--

27         (1)(a)  The authority created by s. 343.73 has the

28  right to own, operate, maintain, and manage a commuter rail

29  system and commuter ferry system in Hernando, Hillsborough,

30  Pasco, Pinellas, Manatee, Sarasota, and Polk Counties.

31  


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 1         (b)  It is the express intention of this part that the

 2  authority be authorized to plan, develop, own, purchase,

 3  lease, or otherwise acquire, demolish, construct, improve,

 4  relocate, equip, repair, maintain, operate, and manage a

 5  commuter rail system, commuter rail facilities, or commuter

 6  ferry system; to establish and determine such policies as may

 7  be necessary for the best interest of the operation and

 8  promotion of a commuter rail system and commuter ferry system;

 9  and to adopt such rules as may be necessary to govern the

10  operation of a commuter rail system, commuter rail facilities,

11  and commuter ferry system.

12         Section 21.  Subsection (1) of section 3 of chapter

13  57-1658, Laws of Florida, as created by chapter 88-474, Laws

14  of Florida, is amended to read:

15         Section 3.  Greater Orlando Aviation Authority.

16         (1)  There is hereby created a board or commission to

17  be known as the "Greater Orlando Aviation Authority," and by

18  that name the authority may sue and be sued, plead and be

19  impleaded, contract and be contracted with, and have an

20  official seal.  The authority is hereby constituted an agency

21  of the city, and exercise by the authority of the powers

22  conferred by this act shall be deemed and held to be an

23  essential municipal function of the city. The authority shall

24  consist of seven members who shall be elected or appointed as

25  follows:  one member shall be the mayor of the City of an

26  incumbent member of the Orlando City Council, who may be the

27  mayor-commissioner or any other commissioner elected by a

28  majority vote of such council; one member shall be the

29  chairman an incumbent member of the Board of County

30  Commissioners of Orange County, Florida, who may be the

31  chairman or any other commissioner elected by a majority vote


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 1  of such commission; and five members shall be appointed by the

 2  Governor, subject to confirmation by the Senate. Three members

 3  appointed by the Governor shall be residents and electors of

 4  Orange County, Florida; one member appointed by the Governor

 5  shall be a resident and elector of Osceola County, Florida,

 6  effective April 1992; and, one member appointed by the

 7  Governor shall be a resident and elector of Orange County,

 8  Florida, or Seminole County, Florida. All seven members shall

 9  be entitled to an equal voice and vote on all matters relating

10  to the authority and its business.  Two of the five appointed

11  members initially appointed by the Governor shall be appointed

12  for a term of 2 years and three members shall be appointed for

13  a term of four years, the term of each member so appointed to

14  be designated by the Governor at the time of the appointment.

15  All subsequent appointments shall be for a term of 4 years.

16  The member of the city council and the member of the county

17  commission shall be elected for a term of two years each;

18  provided, however, that any such commissioner's term shall end

19  at such time as he may cease to be a city or county

20  commissioner, at which time a successor or successors shall be

21  elected for any unexpired term.  The terms of all members

22  shall end at the expiration of their terms or as otherwise

23  herein specified.

24         Section 22.  Section 337.408, Florida Statutes, is

25  amended to read:

26         337.408  Regulation of benches, transit shelters,

27  street light poles, and waste disposal receptacles, and

28  modular news racks within rights-of-way.--

29         (1)  Benches or transit shelters, including advertising

30  displayed on benches or transit shelters, may be installed

31  within the right-of-way limits of any municipal, county, or


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 1  state road, except a limited access highway,; provided that

 2  such benches or transit shelters are for the comfort or

 3  convenience of the general public, or are at designated stops

 4  on official bus routes; and, provided further, that written

 5  authorization has been given to a qualified private supplier

 6  of such service by the municipal government within whose

 7  incorporated limits such benches or transit shelters are

 8  installed, or by the county government within whose

 9  unincorporated limits such benches or transit shelters are

10  installed. A municipality or county may authorize the

11  installation, without public bid, of benches and transit

12  shelters together with advertising displayed thereon, within

13  the right-of-way limits of such roads. Any contract for the

14  installation of benches or transit shelters or advertising on

15  benches or transit shelters which was entered into before

16  April 8, 1992, without public bidding, is ratified and

17  affirmed. Such benches or transit shelters may not interfere

18  with right-of-way preservation and maintenance. Any bench or

19  transit shelter located on a sidewalk within the right-of-way

20  limits of any road on the State Highway System or the county

21  road system shall be located so as to leave at least 36 inches

22  of clearance for pedestrians and persons in wheelchairs. Such

23  clearance shall be measured in a direction perpendicular to

24  the centerline of the road.

25         (2)  Waste disposal receptacles of less than 110

26  gallons in capacity, including advertising displayed on such

27  waste disposal receptacles, may be installed within the

28  right-of-way limits of any municipal, county, or state road,

29  except a limited access highway,; provided that written

30  authorization has been given to a qualified private supplier

31  of such service by the appropriate municipal or county


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 1  government. A municipality or county may authorize the

 2  installation, without public bid, of waste disposal

 3  receptacles together with advertising displayed thereon within

 4  the right-of-way limits of such roads. Such waste disposal

 5  receptacles may not interfere with right-of-way preservation

 6  and maintenance.

 7         (3)  Modular news racks, including advertising thereon,

 8  may be located within the right-of-way limits of any

 9  municipal, county, or state road, except a limited access

10  highway, provided the municipal government within whose

11  incorporated limits such racks are installed or the county

12  government within whose unincorporated limits such racks are

13  installed has passed an ordinance regulating the placement of

14  modular news racks within the right-of-way and has authorized

15  a qualified private supplier of modular news racks to provide

16  such service. The modular news rack or advertising thereon

17  shall not exceed a height of 56 inches or a total advertising

18  space of 56 square feet. No later than 45 days prior to

19  installation of modular news racks, the private supplier shall

20  provide a map of proposed locations and typical installation

21  plans to the department for approval. If the department does

22  not respond within 45 days after receipt of the submitted

23  plans, installation may proceed.

24         (4)(3)  The department has the authority to direct the

25  immediate relocation or removal of any bench, transit shelter,

26  or waste disposal receptacle , or modular news rack which

27  endangers life or property, except that transit bus benches

28  which have been placed in service prior to April 1, 1992, are

29  not required do not have to comply with bench size and

30  advertising display size requirements which have been

31  established by the department prior to March 1, 1992. Any


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 1  transit bus bench that was in service prior to April 1, 1992,

 2  may be replaced with a bus bench of the same size or smaller,

 3  if the bench is damaged or destroyed or otherwise becomes

 4  unusable. The department is authorized to adopt promulgate

 5  rules relating to the regulation of bench size and advertising

 6  display size requirements. However, If a municipality or

 7  county within which a bench is to be located has adopted an

 8  ordinance or other applicable regulation that establishes

 9  bench size or advertising display sign requirements different

10  from requirements specified in department rule, then the local

11  government requirement shall be applicable within the

12  respective municipality or county. Placement of any bench or

13  advertising display on the National Highway System under a

14  local ordinance or regulation adopted pursuant to this

15  subsection shall be subject to approval of the Federal Highway

16  Administration.

17         (5)(4)  No bench, transit shelter, or waste disposal

18  receptacle, or modular news rack, or advertising thereon,

19  shall be erected or so placed on the right-of-way of any road

20  which conflicts with the requirements of federal law,

21  regulations, or safety standards, thereby causing the state or

22  any political subdivision the loss of federal funds.

23  Competition among persons seeking to provide bench, transit

24  shelter, or waste disposal receptacle, or modular news rack

25  services or advertising on such benches, shelters, or

26  receptacles, or news racks may be regulated, restricted, or

27  denied by the appropriate local government entity consistent

28  with the provisions of this section.

29         (6)(5)  Street light poles, including attached public

30  service messages and advertisements, may be located within the

31  right-of-way limits of municipal and county roads in the same


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 1  manner as benches, transit shelters, and waste disposal

 2  receptacles, and modular news racks as provided in this

 3  section and in accordance with municipal and county

 4  ordinances. Public service messages and advertisements may be

 5  installed on street light poles on roads on the State Highway

 6  System in accordance with height, size, setback, spacing

 7  distance, duration of display, safety, traffic control, and

 8  permitting requirements established by administrative rule of

 9  the Department of Transportation. Public service messages and

10  advertisements shall be subject to bilateral agreements, where

11  applicable, to be negotiated with the owner of the street

12  light poles, which shall consider, among other things, power

13  source rates, design, safety, operational and maintenance

14  concerns, and other matters of public importance. For the

15  purposes of this section, the term "street light poles" does

16  not include electric transmission or distribution poles. The

17  department shall have authority to adopt establish

18  administrative rules pursuant to ss. 120.536(1) and 120.54 to

19  implement the provisions of this section subsection. No

20  advertising on light poles shall be permitted on the

21  Interstate Highway System. No permanent structures carrying

22  advertisements attached to light poles shall be permitted on

23  the National Highway System.

24         (7)(6)  Wherever the provisions of this section are

25  inconsistent with other provisions of this chapter or with the

26  provisions of chapter 125, chapter 335, chapter 336, or

27  chapter 479, the provisions of this section shall prevail.

28         Section 23.  Paragraph (m) of subsection (2) of section

29  348.0004, Florida Statutes, is repealed.

30         Section 24.  Subsection (9) is added to section

31  348.0004, Florida Statutes, to read:


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 1         348.0004  Purposes and powers.--

 2         (9)  The Legislature declares that there is a public

 3  need for rapid construction of safe and efficient

 4  transportation facilities for travel within the state and that

 5  it is in the public's interest to provide for public-private

 6  partnership agreements to effectuate the construction of

 7  additional safe, convenient, and economical transportation

 8  facilities.

 9         (a)  Notwithstanding any other provision of the Florida

10  Expressway Authority Act, any expressway authority may receive

11  or solicit proposals and enter into agreements with private

12  entities, or consortia thereof, for the building, operation,

13  ownership, or financing of expressway authority transportation

14  facilities or new transportation facilities within the

15  jurisdiction of the expressway authority. An expressway

16  authority is authorized to adopt rules to implement this

17  subsection and shall, by rule, establish an application fee

18  for the submission of unsolicited proposals under this

19  subsection. The fee must be sufficient to pay the costs of

20  evaluating the proposals. An expressway authority may engage

21  private consultants to assist in the evaluation. Before

22  approval, an expressway authority must determine that a

23  proposed project:

24         1.  Is in the public's best interest.

25         2.  Would not require state funds to be used unless the

26  project is on or provides increased mobility on the State

27  Highway System.

28         3.  Would have adequate safeguards to ensure that no

29  additional costs or service disruptions would be realized by

30  the traveling public and citizens of the state in the event of

31  


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 1  default or the cancellation of the agreement by the expressway

 2  authority.

 3         (b)  An expressway authority shall ensure that all

 4  reasonable costs to the state, related to transportation

 5  facilities that are not part of the State Highway System, are

 6  borne by the private entity. An expressway authority shall

 7  also ensure that all reasonable costs to the state and

 8  substantially affected local governments and utilities related

 9  to the private transportation facility are borne by the

10  private entity for transportation facilities that are owned by

11  private entities.  For projects on the State Highway System,

12  the department may use state resources to participate in

13  funding and financing the project as provided for under the

14  department's enabling legislation.

15         (c)  The expressway authority may request proposals for

16  public-private transportation projects or, if it receives an

17  unsolicited proposal, it must publish a notice in the Florida

18  Administrative Weekly and a newspaper of general circulation

19  in the county in which it is located at least once a week for

20  2 weeks, stating that it has received the proposal and will

21  accept, for 60 days after the initial date of publication,

22  other proposals for the same project purpose. A copy of the

23  notice must be mailed to each local government in the affected

24  areas. After the public notification period has expired, the

25  expressway authority shall rank the proposals in order of

26  preference. In ranking the proposals, the expressway authority

27  shall consider professional qualifications, general business

28  terms, innovative engineering or cost-reduction terms, finance

29  plans, and the need for state funds to deliver the proposal.

30  If the expressway authority is not satisfied with the results

31  of the negotiations, it may, at its sole discretion, terminate


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 1  negotiations with the proposer. If these negotiations are

 2  unsuccessful, the expressway authority may go to the second

 3  and lower-ranked firms, in order, using the same procedure. If

 4  only one proposal is received, the expressway authority may

 5  negotiate in good faith, and if it is not satisfied with the

 6  results, it may, at its sole discretion, terminate

 7  negotiations with the proposer. Notwithstanding this

 8  paragraph, the expressway authority may, at its discretion,

 9  reject all proposals at any point in the process up to

10  completion of a contract with the proposer.

11         (d)  The department may lend funds from the Toll

12  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

13  public-private partnerships. To be eligible a private entity

14  must comply with s. 338.251 and must provide an indication

15  from a nationally recognized rating agency that the senior

16  bonds for the project will be investment grade or must provide

17  credit support, such as a letter of credit or other means

18  acceptable to the department, to ensure that the loans will be

19  fully repaid.

20         (e)  Agreements entered into pursuant to this

21  subsection may authorize the public-private entity to impose

22  tolls or fares for the use of the facility. However, the

23  amount and use of toll or fare revenues shall be regulated by

24  the expressway authority to avoid unreasonable costs to users

25  of the facility.

26         (f)  Each public-private transportation facility

27  constructed pursuant to this subsection shall comply with all

28  requirements of federal, state, and local laws; state,

29  regional, and local comprehensive plans; the expressway

30  authority's rules, policies, procedures, and standards for

31  transportation facilities; and any other conditions that the


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 1  expressway authority determines to be in the public's best

 2  interest.

 3         (g)  An expressway authority may exercise any power

 4  possessed by it, including eminent domain, to facilitate the

 5  development and construction of transportation projects

 6  pursuant to this subsection. An expressway authority may pay

 7  all or part of the cost of operating and maintaining the

 8  facility or may provide services to the private entity for

 9  which it receives full or partial reimbursement for services

10  rendered.

11         (h)  Except as herein provided, this subsection is not

12  intended to amend existing laws by granting additional powers

13  to or further restricting the governmental entities from

14  regulating and entering into cooperative arrangements with the

15  private sector for the planning, construction, and operation

16  of transportation facilities.

17         Section 25.  Subsection (2) of section 2 of chapter

18  88-418, Laws of Florida, as amended by section 99 of chapter

19  2002-20, Laws of Florida, is amended to read:

20         Section 2.  Crandon Boulevard is hereby designated as a

21  state historic highway.  No public funds shall be expended

22  for:

23         (2)  The alteration of the physical dimensions or

24  location of Crandon Boulevard, the median strip thereof, or

25  the land adjacent thereto, except for:

26         (a)  The routine or emergency utilities maintenance

27  activities necessitated to maintain the road as a utility

28  corridor serving the village of Key Biscayne; or

29         (b)  The modification or improvements made to provide

30  for vehicular ingress and egress of governmental public safety

31  vehicles; or.


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 1         (c)  Alterations, modifications, or improvements made

 2  for the purpose of enhancing life safety vehicular use or

 3  pedestrian use of Crandon Boulevard, or both, so long as such

 4  alterations, modifications, or improvements are heard in a

 5  public hearing and subsequently approved by the Village

 6  Council of the Village of Key Biscayne.

 7         Section 26.  This act shall take effect upon becoming a

 8  law.

 9  

10  

11  

12  

13  

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