| 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 13members 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 membersshall 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 beThe 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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| 122 | 
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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; |