| 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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| 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; |