1 | Representatives Zapata, Rubio, Cannon, and Sansom offered the |
2 | following: |
3 |
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4 | Amendment (with title amendment) |
5 | On page 69, between lines 7 and 8, insert: |
6 | Section 31. Paragraph (d) of subsection (2) of section |
7 | 348.0003, Florida Statutes, is amended to read: |
8 | 348.0003 Expressway authority; formation; membership.-- |
9 | (2) The governing body of an authority shall consist of |
10 | not fewer than five nor more than nine voting members. The |
11 | district secretary of the affected department district shall |
12 | serve as a nonvoting member of the governing body of each |
13 | authority located within the district. Each member of the |
14 | governing body must at all times during his or her term of |
15 | office be a permanent resident of the county which he or she is |
16 | appointed to represent. |
17 | (d) Notwithstanding any provision to the contrary in this |
18 | subsection, in any county as defined in s. 125.011(1), the |
19 | governing body of an authority shall consist of seven voting up |
20 | to 13 members and two nonvoting members, and the following |
21 | provisions of this paragraph shall apply specifically to such |
22 | authority. One Except for the district secretary of the |
23 | department, the members must be residents of the county. Seven |
24 | voting member members shall be a county commissioner appointed |
25 | by the chair of the governing body of the county. One voting |
26 | member shall be a mayor of a municipality within the county at |
27 | all times while serving on the authority and shall be appointed |
28 | by the Miami-Dade County League of Cities. At the discretion of |
29 | the governing body of the county, up to two of the members |
30 | appointed by the governing body of the county may be elected |
31 | officials residing in the county. Five citizens of Miami-Dade |
32 | County or of its municipalities shall be appointed as voting |
33 | members of the authority, of which three shall be appointed by |
34 | the Governor and two shall be appointed by the county |
35 | commission. These citizen appointees shall not be elected or |
36 | appointed officials or employees of the county or of a |
37 | municipality within the county. One member shall be The district |
38 | secretary of the department serving in the district that |
39 | contains such county shall be a nonvoting member of the |
40 | authority. The chair of the Miami-Dade legislative delegation, |
41 | or another member of the delegation appointed by the chair, |
42 | shall be a nonvoting member of the authority. This member shall |
43 | be an ex officio voting member of the authority. If the |
44 | governing board of an authority includes any member originally |
45 | appointed by the governing body of the county as a nonvoting |
46 | member, when the term of such member expires, that member shall |
47 | be replaced by a member appointed by the Governor until the |
48 | governing body of the authority is composed of seven members |
49 | appointed by the governing body of the county and five members |
50 | appointed by the Governor. The qualifications, terms of office, |
51 | and obligations and rights of members of the authority shall be |
52 | determined by resolution or ordinance of the governing body of |
53 | the county in a manner that is consistent with subsections (3) |
54 | and (4). |
55 | Section 32. Paragraph (f) of subsection (2) of section |
56 | 348.0004, Florida Statutes, is amended to read: |
57 | 348.0004 Purposes and powers.-- |
58 | (2) Each authority may exercise all powers necessary, |
59 | appurtenant, convenient, or incidental to the carrying out of |
60 | its purposes, including, but not limited to, the following |
61 | rights and powers: |
62 | (f)1. To fix, alter, charge, establish, and collect tolls, |
63 | rates, fees, rentals, and other charges for the services and |
64 | facilities system, which tolls, rates, fees, rentals, and other |
65 | charges must always be sufficient to comply with any covenants |
66 | made with the holders of any bonds issued pursuant to the |
67 | Florida Expressway Authority Act. However, such right and power |
68 | may be assigned or delegated by the authority to the department. |
69 | Notwithstanding s. 338.165 or any other provision of law to the |
70 | contrary, in any county as defined in s. 125.011(1), to the |
71 | extent surplus revenues exist, they may be used for purposes |
72 | enumerated in subsection (7), provided the expenditures are |
73 | consistent with the metropolitan planning organization's adopted |
74 | long-range plan. Notwithstanding any other provision of law to |
75 | the contrary, but subject to any contractual requirements |
76 | contained in documents securing any outstanding indebtedness |
77 | payable from tolls, in any county as defined in s. 125.011(1), |
78 | the board of county commissioners may, by ordinance adopted on |
79 | or before September 30, 1999, alter or abolish existing tolls |
80 | and currently approved increases thereto if the board provides a |
81 | local source of funding to the county expressway system for |
82 | transportation in an amount sufficient to replace revenues |
83 | necessary to meet bond obligations secured by such tolls and |
84 | increases. |
85 | 2. Prior to raising tolls, whether paid by cash or |
86 | electronic toll collection, an expressway authority in any |
87 | county as defined in s. 125.011(1) shall publish a notice of the |
88 | intent to raise tolls in a newspaper of general circulation, as |
89 | defined in s. 97.021(18), in the county. The notice shall |
90 | provide the amount of increase to be implemented for cash |
91 | payment, electronic payment, or both, as applicable. The notice |
92 | also shall provide a postal address, an electronic mail or |
93 | Internet address, and a local telephone number for the purpose |
94 | of receiving public comment on the issue of the toll increase. |
95 | The notice shall be published two times, at least 7 days apart, |
96 | with the first publication occurring not more than 90 days prior |
97 | to the proposed effective date of the toll increase and the |
98 | second publication occurring not fewer than 60 days prior to the |
99 | proposed effective date of the toll increase. The provisions of |
100 | this subparagraph shall not apply to any change in the toll rate |
101 | for the use of any portion of the expressway system that has |
102 | been approved by this authority prior to July 1, 2006. |
103 | Section 34. Section 2 of chapter 89-383, Laws of Florida, |
104 | is amended to read: |
105 | Section 2. Red Road is hereby designated as a state |
106 | historic highway. No public funds shall be expended for: |
107 | (1) The removal of any healthy tree which is not a safety |
108 | hazard. |
109 | (2) Any alteration of the physical dimensions or location |
110 | of Red Road, the median strip thereof, the land adjacent |
111 | thereto, or any part of the original composition of the |
112 | entranceway, including the towers, the walls, and the lampposts. |
113 | (3) Any construction on or along Red Road of any new |
114 | structure, or any building, clearing, filling, or excavating on |
115 | or along Red Road except for routine maintenance or alterations, |
116 | modifications, or improvements to it and the adjacent right-of- |
117 | way made for the purpose of enhancing life safety for vehicular |
118 | or pedestrian use of Red Road if the number of traffic lanes is |
119 | not altered work which is essential to the health, safety, or |
120 | welfare of the environment. |
121 |
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123 | ========= T I T L E A M E N D M E N T ========= |
124 | On page 9, between lines 3 and 4, |
125 | amending s. 348.0003, F.S.; revising the membership of |
126 | expressway authority governing bodies in certain counties; |
127 | amending s. 348.0004, F.S.; providing for public notice of |
128 | a proposed toll increase by certain expressway |
129 | authorities; amending s. 2, ch. 89-383, Laws of Florida; |
130 | providing for certain alterations to and along Red Road in |
131 | Miami-Dade County for transportation safety purposes; |