Amendment
Bill No. 1766
Amendment No. 886931
CHAMBER ACTION
Senate House
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1Representatives Zapata, Rubio, Cannon, and Sansom offered the
2following:
3
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
7348.0003, Florida Statutes, is amended to read:
8     348.0003  Expressway authority; formation; membership.--
9     (2)  The governing body of an authority shall consist of
10not fewer than five nor more than nine voting members. The
11district secretary of the affected department district shall
12serve as a nonvoting member of the governing body of each
13authority located within the district. Each member of the
14governing body must at all times during his or her term of
15office be a permanent resident of the county which he or she is
16appointed to represent.
17     (d)  Notwithstanding any provision to the contrary in this
18subsection, in any county as defined in s. 125.011(1), the
19governing body of an authority shall consist of seven voting up
20to 13 members and two nonvoting members, and the following
21provisions of this paragraph shall apply specifically to such
22authority. One Except for the district secretary of the
23department, the members must be residents of the county. Seven
24voting member members shall be a county commissioner appointed
25by the chair of the governing body of the county. One voting
26member shall be a mayor of a municipality within the county at
27all times while serving on the authority and shall be appointed
28by the Miami-Dade County League of Cities. At the discretion of
29the governing body of the county, up to two of the members
30appointed by the governing body of the county may be elected
31officials residing in the county. Five citizens of Miami-Dade
32County or of its municipalities shall be appointed as voting
33members of the authority, of which three shall be appointed by
34the Governor and two shall be appointed by the county
35commission. These citizen appointees shall not be elected or
36appointed officials or employees of the county or of a
37municipality within the county. One member shall be The district
38secretary of the department serving in the district that
39contains such county shall be a nonvoting member of the
40authority. The chair of the Miami-Dade legislative delegation,
41or another member of the delegation appointed by the chair,
42shall be a nonvoting member of the authority. This member shall
43be an ex officio voting member of the authority. If the
44governing board of an authority includes any member originally
45appointed by the governing body of the county as a nonvoting
46member, when the term of such member expires, that member shall
47be replaced by a member appointed by the Governor until the
48governing body of the authority is composed of seven members
49appointed by the governing body of the county and five members
50appointed by the Governor. The qualifications, terms of office,
51and obligations and rights of members of the authority shall be
52determined by resolution or ordinance of the governing body of
53the county in a manner that is consistent with subsections (3)
54and (4).
55     Section 32.  Paragraph (f) of subsection (2) of section
56348.0004, Florida Statutes, is amended to read:
57     348.0004  Purposes and powers.--
58     (2)  Each authority may exercise all powers necessary,
59appurtenant, convenient, or incidental to the carrying out of
60its purposes, including, but not limited to, the following
61rights and powers:
62     (f)1.  To fix, alter, charge, establish, and collect tolls,
63rates, fees, rentals, and other charges for the services and
64facilities system, which tolls, rates, fees, rentals, and other
65charges must always be sufficient to comply with any covenants
66made with the holders of any bonds issued pursuant to the
67Florida Expressway Authority Act. However, such right and power
68may be assigned or delegated by the authority to the department.
69Notwithstanding s. 338.165 or any other provision of law to the
70contrary, in any county as defined in s. 125.011(1), to the
71extent surplus revenues exist, they may be used for purposes
72enumerated in subsection (7), provided the expenditures are
73consistent with the metropolitan planning organization's adopted
74long-range plan. Notwithstanding any other provision of law to
75the contrary, but subject to any contractual requirements
76contained in documents securing any outstanding indebtedness
77payable from tolls, in any county as defined in s. 125.011(1),
78the board of county commissioners may, by ordinance adopted on
79or before September 30, 1999, alter or abolish existing tolls
80and currently approved increases thereto if the board provides a
81local source of funding to the county expressway system for
82transportation in an amount sufficient to replace revenues
83necessary to meet bond obligations secured by such tolls and
84increases.
85     2.  Prior to raising tolls, whether paid by cash or
86electronic toll collection, an expressway authority in any
87county as defined in s. 125.011(1) shall publish a notice of the
88intent to raise tolls in a newspaper of general circulation, as
89defined in s. 97.021(18), in the county. The notice shall
90provide the amount of increase to be implemented for cash
91payment, electronic payment, or both, as applicable. The notice
92also shall provide a postal address, an electronic mail or
93Internet address, and a local telephone number for the purpose
94of receiving public comment on the issue of the toll increase.
95The notice shall be published two times, at least 7 days apart,
96with the first publication occurring not more than 90 days prior
97to the proposed effective date of the toll increase and the
98second publication occurring not fewer than 60 days prior to the
99proposed effective date of the toll increase. The provisions of
100this subparagraph shall not apply to any change in the toll rate
101for the use of any portion of the expressway system that has
102been approved by this authority prior to July 1, 2006.
103     Section 34.  Section 2 of chapter 89-383, Laws of Florida,
104is amended to read:
105     Section 2.  Red Road is hereby designated as a state
106historic highway. No public funds shall be expended for:
107     (1)  The removal of any healthy tree which is not a safety
108hazard.
109     (2)  Any alteration of the physical dimensions or location
110of Red Road, the median strip thereof, the land adjacent
111thereto, or any part of the original composition of the
112entranceway, including the towers, the walls, and the lampposts.
113     (3)  Any construction on or along Red Road of any new
114structure, or any building, clearing, filling, or excavating on
115or along Red Road except for routine maintenance or alterations,
116modifications, or improvements to it and the adjacent right-of-
117way made for the purpose of enhancing life safety for vehicular
118or pedestrian use of Red Road if the number of traffic lanes is
119not altered work which is essential to the health, safety, or
120welfare of the environment.
121
122
123========= T I T L E  A M E N D M E N T =========
124     On page 9, between lines 3 and 4,
125amending s. 348.0003, F.S.; revising the membership of
126expressway authority governing bodies in certain counties;
127amending s. 348.0004, F.S.; providing for public notice of
128a proposed toll increase by certain expressway
129authorities; amending s. 2, ch. 89-383, Laws of Florida;
130providing for certain alterations to and along Red Road in
131Miami-Dade County for transportation safety purposes;


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