Amendment
Bill No. 1697
Amendment No. 119447
CHAMBER ACTION
Senate House
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1Representative(s) Zapata offered the following:
2
3     Amendment to Senate Amendment (045176) (with title
4amendment)
5     On page 118, line(s) 29,
6insert:
7     Section 98.  Paragraph (d) of subsection (2) of section
8348.0003, Florida Statutes, is amended to read:
9     348.0003  Expressway authority; formation; membership.--
10     (2)  The governing body of an authority shall consist of
11not fewer than five nor more than nine voting members. The
12district secretary of the affected department district shall
13serve as a nonvoting member of the governing body of each
14authority located within the district. Each member of the
15governing body must at all times during his or her term of
16office be a permanent resident of the county which he or she is
17appointed to represent.
18     (d)  Notwithstanding any provision to the contrary in this
19subsection, in any county as defined in s. 125.011(1), the
20governing body of an authority shall consist of up to 7 13
21members, and the following provisions of this paragraph shall
22apply specifically to such authority. Except for the district
23secretary of the department, the members must be residents of
24the county. Two Seven voting members shall be county
25commissioners appointed by the chair of the governing body of
26the county. One voting member shall be a mayor of a municipality
27within the county and shall be appointed by the Miami-Dade
28County League of Cities. Two At the discretion of the governing
29body of the county, up to two of the members appointed by the
30governing body of the county may be elected officials residing
31in the county. Five voting members of the authority shall be
32appointed by the Governor. One member shall be the district
33secretary of the department serving in the district that
34contains such county and shall be an ex officio, voting member
35of the authority. One member shall be the chair of the Miami-
36Dade legislative delegation, or another member of the delegation
37appointed by the chair, and shall be an ex officio, nonvoting
38member of the authority. This member shall be an ex officio
39voting member of the authority. If the governing board of an
40authority includes any member originally appointed by the
41governing body of the county as a nonvoting member, when the
42term of such member expires, that member shall be replaced by a
43member appointed by the Governor until the governing body of the
44authority is composed of seven members appointed by the
45governing body of the county and five members appointed by the
46Governor. The qualifications, terms of office, and obligations
47and rights of members of the authority shall be determined by
48resolution or ordinance of the governing body of the county in a
49manner that is consistent with subsections (3) and (4).
50     Section 99.  Paragraph (f) of subsection (2) of section
51348.0004, Florida Statutes, is amended to read:
52     348.0004  Purposes and powers.--
53     (2)  Each authority may exercise all powers necessary,
54appurtenant, convenient, or incidental to the carrying out of
55its purposes, including, but not limited to, the following
56rights and powers:
57     (f)1.  To fix, alter, charge, establish, and collect tolls,
58rates, fees, rentals, and other charges for the services and
59facilities system, which tolls, rates, fees, rentals, and other
60charges must always be sufficient to comply with any covenants
61made with the holders of any bonds issued pursuant to the
62Florida Expressway Authority Act. However, such right and power
63may be assigned or delegated by the authority to the department.
64Notwithstanding s. 338.165 or any other provision of law to the
65contrary, in any county as defined in s. 125.011(1), to the
66extent surplus revenues exist, they may be used for purposes
67enumerated in subsection (7), provided the expenditures are
68consistent with the metropolitan planning organization's adopted
69long-range plan. Notwithstanding any other provision of law to
70the contrary, but subject to any contractual requirements
71contained in documents securing any outstanding indebtedness
72payable from tolls, in any county as defined in s. 125.011(1),
73the board of county commissioners may, by ordinance adopted on
74or before September 30, 1999, alter or abolish existing tolls
75and currently approved increases thereto if the board provides a
76local source of funding to the county expressway system for
77transportation in an amount sufficient to replace revenues
78necessary to meet bond obligations secured by such tolls and
79increases.
80     2.  Prior to raising tolls or establishing any new point of
81toll collection by either cash payment or electronic toll
82collection, an expressway authority in any county as defined in
83s. 125.011(1) shall provide, where applicable, the county
84commission, city commission, and metropolitan planning
85organization in the affected area with written justification for
86the proposed toll increase or new toll collection point. Each
87local governmental entity and metropolitan planning organization
88shall agenda the justification issue at its next available
89public meeting and shall have 30 days after the date of that
90meeting to request a public hearing on the proposed toll
91increase or new toll collection point. Copies of the written
92justification must also be provided to each member of the
93Legislature who represents a district affected by the proposed
94toll increase or new collection point, and the copies must be
95provided at the same time as the information is submitted to the
96local governmental entity. Within 60 days after receiving a
97public hearing request from a local governmental entity or
98metropolitan planning organization, the expressway authority
99shall hold at least two public hearings in the area to be
100affected by its proposal. The public hearings shall be
101advertised in a newspaper of general circulation, as defined in
102s. 97.021(16), in the affected county. Notice of the public
103hearing must be provided to each member of the Legislature who
104represents a district affected by the proposed toll increase or
105new collection point. During the public hearings, the expressway
106authority shall, at a minimum, present an in-depth cost-benefit
107analysis of the proposed toll increase, present an in-depth
108description of the transportation projects to be funded, and
109document all questions, suggestions, or other comments offered
110by the public. No toll increase shall become effective and no
111new point of toll collections shall become operational until 90
112days after the last public hearing as required by this paragraph
113is held. The provisions of this subsection shall not apply to
114any change in the toll rate for the use of any portion of the
115expressway system of an authority or any new project undertaken
116by the authority that has been approved by the authority prior
117to January 1, 2005.
118
119
120================= T I T L E  A M E N D M E N T =================
121     On page 130, line 16,
122remove:  All of said lines,
123
124and insert:
125enhanced penalty; amending s. 348.0003, F.S.; changing the
126membership of expressway authority governing boards in
127certain counties; amending s. 348.0004, F.S.; requiring
128notification to certain local governmental entities and
129metropolitan planning organizations by certain expressway
130authorities proposing a toll increase or a new point of
131toll collection; providing procedures for public notice
132and hearing prior to implementation; providing for
133application; providing effective dates.


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