Senate Bill sb1766e1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 112.061, F.S.; authorizing metropolitan
4 planning organizations and certain separate
5 entities to establish per diem and travel
6 reimbursement rates; amending s. 121.021, F.S.;
7 revising the definition of "local agency
8 employer" to include metropolitan planning
9 organizations and certain separate entities for
10 purposes of the Florida Retirement System Act;
11 revising the definition of "regularly
12 established position" to include positions in
13 metropolitan planning organizations; amending
14 s. 121.051, F.S.; providing for metropolitan
15 planning organizations to participate in the
16 Florida Retirement System; amending s. 121.055,
17 F.S.; requiring certain metropolitan planning
18 organization and similar entity staff positions
19 to be in the Senior Management Service Class of
20 the Florida Retirement System; amending s.
21 121.061, F.S.; providing for enforcement of
22 certain employer funding contributions required
23 under the Florida Retirement System;
24 authorizing deductions of amounts owed from
25 certain funds distributed to a metropolitan
26 planning organization; authorizing the
27 governing body of a metropolitan planning
28 organization to file and maintain an action in
29 court to require an employer to remit
30 retirement or social security member
31 contributions or employer matching payments;
1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 amending s. 121.081, F.S.; providing for
2 metropolitan planning organization officers and
3 staff to claim past service for retirement
4 benefits; amending s. 311.22, F.S.; revising
5 the funding for certain dredging projects;
6 amending s. 320.20, F.S.; revising the
7 distribution of license tax moneys deposited in
8 the State Transportation Trust Fund for the
9 funding of the Florida Seaport Transportation
10 and Economic Development program and certain
11 seaport intermodal access projects; requiring
12 the Florida Seaport Transportation and Economic
13 Development Council to submit a list of certain
14 freight mobility projects to the Department of
15 Transportation; requiring the council and the
16 department to agree upon the projects selected
17 for funding; requiring the department to
18 include the selected projects for funding in
19 the tentative work program; providing that
20 refunding bonds shall be issued by the Division
21 of Bond Finance at the request of the
22 department; providing for funding the
23 construction of wharves and docks; requiring
24 that a certain sum of money be deposited in the
25 State Transportation Trust Fund for the funding
26 of the Florida Seaport Transportation and
27 Economic Development program and certain
28 seaport intermodal access projects; providing
29 for distribution of revenues for the funding of
30 certain seaport intermodal access projects;
31 creating s. 336.68, F.S.; providing that a
2
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 property owner having real property located
2 within the boundaries of a community
3 development district and a special road and
4 bridge district may select the community
5 development district to be the provider of the
6 road and drainage improvements to the property
7 of the owner; authorizing the owner of the
8 property to withdraw the property from the
9 special road and bridge district; specifying
10 the procedures and criteria required in order
11 to remove the real property from the special
12 road and bridge district; authorizing the
13 governing body of the special road and bridge
14 district to file a written objection to the
15 proposed withdrawal of the property; amending
16 s. 339.155, F.S.; authorizing the development
17 of additional regional transportation plans by
18 regional transportation planning organizations
19 in certain areas; providing membership
20 requirements for regional transportation
21 planning organizations comprising
22 representatives of transportation planning and
23 economic development interests within a region;
24 authorizing a regional transportation planning
25 organization to be expanded upon agreement of
26 the regional transportation authority and
27 representatives of the area to be expanded
28 into, or mode to be included; providing for the
29 development of by-laws and establishing minimum
30 terms for certain members of the regional
31 transportation authority; creating the Bay Area
3
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 Transportation Regional Planning Organization
2 in Hernando, Hillsborough, Manatee, Pasco,
3 Pinellas, Polk, and Sarasota Counties,
4 comprised of representatives of transportation
5 planning and economic development interests
6 within the region; authorizing the Bay Area
7 Regional Transportation Planning Organization
8 to be expanded upon agreement of the regional
9 transportation authority and of the area to be
10 expanded into, or mode to be included;
11 providing for the development of by-laws and
12 establishing minimum terms for certain members
13 of the regional transportation representatives
14 authority; precluding regional transportation
15 organization members from compensation;
16 providing an appropriation; amending s.
17 339.2819, F.S.; providing that the
18 Transportation Regional Incentive Program may
19 fund up to 75 percent of costs for projects
20 identified in a regional transportation plan
21 developed by a regional transportation planning
22 organization; amending s. 339.175, F.S.;
23 specifying that a metropolitan planning
24 organization is a separate legal entity
25 independent of entities represented on the
26 M.P.O. and signatories to the agreement
27 creating the M.P.O.; providing for transfer of
28 responsibilities and liabilities to the new
29 M.P.O. upon execution of a new interlocal
30 agreement by the governmental entities
31 constituting the M.P.O.; providing for
4
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 selection of certain officers and an agency
2 clerk; revising requirements for voting
3 membership; specifying that certain
4 constitutional officers are not elected
5 officials of a general-purpose local government
6 for voting membership purposes; establishing a
7 process for appointing alternate members;
8 revising provisions for nonvoting advisers;
9 revising provisions for employment of staff by
10 an M.P.O.; providing for training of certain
11 persons who serve on an M.P.O. for certain
12 purposes; providing additional powers and
13 duties of M.P.O.'s; revising voting
14 requirements for approval of certain plans and
15 programs and amendments thereto; requiring the
16 Florida Transportation Commission to conduct a
17 study of the progress made by M.P.O.'s to
18 establish improved coordinated transportation
19 planning processes; requiring a report;
20 detailing the issues the report must consider;
21 requiring that the report be submitted to the
22 Governor and the Legislature by a specified
23 date; amending s. 20.23, F.S.; providing that
24 the salary and benefits of the executive
25 director of the Florida Transportation
26 Commission shall be set in accordance with the
27 Senior Management Service; amending s. 332.007,
28 F.S.; authorizing the Department of
29 Transportation to provide funds for certain
30 general aviation projects under certain
31 circumstances; amending s. 332.007, F.S.,
5
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 relating to the administration and financing of
2 aviation and airport operational and
3 maintenance projects of publicly owned
4 airports; changing the expiration date of the
5 financial programs to the year 2012 from 2007;
6 amending s. 212.055, F.S.; deleting a
7 restriction on the frequency with which bonds
8 may be issued under s. 212.055(2), F.S.;
9 allowing counties that are not charter counties
10 to levy, by ordinance, a county transportation
11 system surtax; requiring that a discretionary
12 sales surtax that is to be adopted by
13 referendum be placed on the ballot at a time
14 set at the discretion of the governing body of
15 a county; requiring that the proceeds from a
16 surtax be distributed to a county and to each
17 municipality within the county according to an
18 interlocal agreement or an apportionment
19 factor; providing that the proceeds from the
20 surtax be used for certain purposes as
21 considered appropriate by the county
22 commission; amending s. 336.025, F.S.; deleting
23 a restriction on the frequency with which bonds
24 may be issued under this section; amending s.
25 339.08, F.S.; allowing moneys in the State
26 Transportation Trust Fund to be used to pay the
27 cost of the Enhanced Bridge Program; creating
28 s. 339.282, F.S.; creating the Enhanced Bridge
29 Program for Sustainable Transportation within
30 the Department of Transportation; providing for
31 the use of funds in the program; providing
6
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 project guidelines for program funding;
2 creating s. 339.284, F.S.; providing certain
3 incentives for certain private-sector
4 contributions to improve transportation
5 facilities; providing for the contribution to
6 be applied as a credit against transportation
7 concurrency requirements; providing procedures
8 and criteria; amending s. 316.650, F.S.;
9 revising procedures for disposition of
10 citations issued for failure to pay toll;
11 providing that the citation will not be
12 submitted to the court and no points will be
13 assessed on the driver's license if the person
14 cited elects to make payment directly to the
15 governmental entity that issued the citation;
16 providing for reporting of the citation by the
17 governmental entity to the Department of
18 Highway Safety and Motor Vehicles; amending s.
19 318.14, F.S.; providing for the amount required
20 to be paid under certain procedures for
21 disposition of a citation issued for failure to
22 pay a toll; providing for the person cited to
23 request a court hearing; amending s. 318.18,
24 F.S.; revising penalties for failure to pay a
25 prescribed toll; providing for disposition of
26 amounts received by the clerk of court;
27 revising procedures for withholding of
28 adjudication; providing for suspension of a
29 driver's license under certain circumstances;
30 amending s. 348.754, F.S.; authorizing the
31 Orlando-Orange County Expressway Authority to
7
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 waive payment and performance bonds on certain
2 construction contracts if the contract is
3 awarded pursuant to an economic development
4 program for the encouragement of local small
5 businesses; providing criteria for
6 participation in the program; providing
7 criteria for the bond waiver; providing for
8 certain determinations by the authority's
9 executive director or a designee as to the
10 suitability of a project; providing for certain
11 payment obligations if a payment and
12 performance bond is waived; requiring the
13 authority to record notice of the obligation;
14 limiting eligibility to bid on the projects;
15 providing for the authority to conduct
16 bond-eligibility training for certain
17 businesses; requiring the authority to submit
18 biennial reports to the Orange County
19 legislative delegation; amending s. 348.0004,
20 F.S.; authorizing transportation authorities,
21 bridge authorities, or toll authorities to
22 enter agreements with private entities to
23 provide transportation facilities; amending s.
24 348.0012, F.S.; clarifying certain exemptions
25 from the Florida Expressway Authority Act;
26 requiring the Legislative Committee on
27 Intergovernmental Relations to study methods to
28 incentivize and reward certain local
29 governments; requiring state agencies to
30 provide data for the study; requiring the
31
8
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 committee to submit a report summarizing its
2 findings; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsection (14) of section 112.061, Florida
7 Statutes, is amended to read:
8 112.061 Per diem and travel expenses of public
9 officers, employees, and authorized persons.--
10 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS,
11 DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
12 (a) Rates that exceed the maximum travel reimbursement
13 rates for nonstate travelers specified in paragraph (6)(a) for
14 per diem, in paragraph (6)(b) for subsistence, and in
15 subparagraph (7)(d)1. for mileage may be established by:
16 1. The governing body of a county by the enactment of
17 an ordinance or resolution;
18 2. A county constitutional officer, pursuant to s.
19 1(d), Art. VIII of the State Constitution, by the
20 establishment of written policy;
21 3. The governing body of a district school board by
22 the adoption of rules; or
23 4. The governing body of a special district, as
24 defined in s. 189.403(1), except those special districts that
25 are subject to s. 166.021(10), by the enactment of a
26 resolution; or
27 5. Any metropolitan planning organization created
28 pursuant to s. 339.175, or any separate legal or
29 administrative entity created pursuant to s. 339.175 of which
30 a metropolitan planning organization is a member, by enactment
31 of a resolution.
9
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (b) Rates established pursuant to paragraph (a) must
2 apply uniformly to all travel by the county, county
3 constitutional officer and entity governed by that officer,
4 district school board, or special district, or metropolitan
5 planning organization.
6 (c) Except as otherwise provided in this subsection,
7 counties, county constitutional officers and entities governed
8 by those officers, district school boards, and special
9 districts, other than those subject to s. 166.021(10), remain
10 subject to the requirements of this section.
11 Section 2. Paragraph (a) of subsection (42) and
12 paragraph (b) of subsection (52) of section 121.021, Florida
13 Statutes, are amended to read:
14 121.021 Definitions.--The following words and phrases
15 as used in this chapter have the respective meanings set forth
16 unless a different meaning is plainly required by the context:
17 (42)(a) "Local agency employer" means the board of
18 county commissioners or other legislative governing body of a
19 county, however styled, including that of a consolidated or
20 metropolitan government; a clerk of the circuit court,
21 sheriff, property appraiser, tax collector, or supervisor of
22 elections, provided such officer is elected or has been
23 appointed to fill a vacancy in an elective office; a community
24 college board of trustees or district school board; or the
25 governing body of any city, metropolitan planning organization
26 created pursuant to s. 339.175, or any separate legal or
27 administrative entity created pursuant to s. 339.175, or
28 special district of the state which participates in the system
29 for the benefit of certain of its employees.
30 (52) "Regularly established position" is defined as
31 follows:
10
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (b) In a local agency (district school board, county
2 agency, community college, city, metropolitan planning
3 organization, or special district), the term means a regularly
4 established position which will be in existence for a period
5 beyond 6 consecutive months, except as provided by rule.
6 Section 3. Paragraph (b) of subsection (2) of section
7 121.051, Florida Statutes, is amended to read:
8 121.051 Participation in the system.--
9 (2) OPTIONAL PARTICIPATION.--
10 (b)1. The governing body of any municipality,
11 metropolitan planning organization, or special district in the
12 state may elect to participate in the system upon proper
13 application to the administrator and may cover all or any of
14 its units as approved by the Secretary of Health and Human
15 Services and the administrator. The department shall adopt
16 rules establishing provisions for the submission of documents
17 necessary for such application. Prior to being approved for
18 participation in the Florida Retirement System, the governing
19 body of any such municipality, metropolitan planning
20 organization, or special district that has a local retirement
21 system shall submit to the administrator a certified financial
22 statement showing the condition of the local retirement system
23 as of a date within 3 months prior to the proposed effective
24 date of membership in the Florida Retirement System. The
25 statement must be certified by a recognized accounting firm
26 that is independent of the local retirement system. All
27 required documents necessary for extending Florida Retirement
28 System coverage must be received by the department for
29 consideration at least 15 days prior to the proposed effective
30 date of coverage. If the municipality, metropolitan planning
31 organization, or special district does not comply with this
11
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 requirement, the department may require that the effective
2 date of coverage be changed.
3 2. Any city, metropolitan planning organization, or
4 special district that has an existing retirement system
5 covering the employees in the units that are to be brought
6 under the Florida Retirement System may participate only after
7 holding a referendum in which all employees in the affected
8 units have the right to participate. Only those employees
9 electing coverage under the Florida Retirement System by
10 affirmative vote in said referendum shall be eligible for
11 coverage under this chapter, and those not participating or
12 electing not to be covered by the Florida Retirement System
13 shall remain in their present systems and shall not be
14 eligible for coverage under this chapter. After the referendum
15 is held, all future employees shall be compulsory members of
16 the Florida Retirement System.
17 3. The governing body of any city, metropolitan
18 planning organization, or special district complying with
19 subparagraph 1. may elect to provide, or not provide, benefits
20 based on past service of officers and employees as described
21 in s. 121.081(1). However, if such employer elects to provide
22 past service benefits, such benefits must be provided for all
23 officers and employees of its covered group.
24 4. Once this election is made and approved it may not
25 be revoked, except pursuant to subparagraphs 5. and 6., and
26 all present officers and employees electing coverage under
27 this chapter and all future officers and employees shall be
28 compulsory members of the Florida Retirement System.
29 5. Subject to the conditions set forth in subparagraph
30 6., the governing body of any hospital licensed under chapter
31 395 which is governed by the board of a special district as
12
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 defined in s. 189.403(1) or by the board of trustees of a
2 public health trust created under s. 154.07, hereinafter
3 referred to as "hospital district," and which participates in
4 the system, may elect to cease participation in the system
5 with regard to future employees in accordance with the
6 following procedure:
7 a. No more than 30 days and at least 7 days before
8 adopting a resolution to partially withdraw from the Florida
9 Retirement System and establish an alternative retirement plan
10 for future employees, a public hearing must be held on the
11 proposed withdrawal and proposed alternative plan.
12 b. From 7 to 15 days before such hearing, notice of
13 intent to withdraw, specifying the time and place of the
14 hearing, must be provided in writing to employees of the
15 hospital district proposing partial withdrawal and must be
16 published in a newspaper of general circulation in the area
17 affected, as provided by ss. 50.011-50.031. Proof of
18 publication of such notice shall be submitted to the
19 Department of Management Services.
20 c. The governing body of any hospital district seeking
21 to partially withdraw from the system must, before such
22 hearing, have an actuarial report prepared and certified by an
23 enrolled actuary, as defined in s. 112.625(3), illustrating
24 the cost to the hospital district of providing, through the
25 retirement plan that the hospital district is to adopt,
26 benefits for new employees comparable to those provided under
27 the Florida Retirement System.
28 d. Upon meeting all applicable requirements of this
29 subparagraph, and subject to the conditions set forth in
30 subparagraph 6., partial withdrawal from the system and
31 adoption of the alternative retirement plan may be
13
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 accomplished by resolution duly adopted by the hospital
2 district board. The hospital district board must provide
3 written notice of such withdrawal to the division by mailing a
4 copy of the resolution to the division, postmarked no later
5 than December 15, 1995. The withdrawal shall take effect
6 January 1, 1996.
7 6. Following the adoption of a resolution under
8 sub-subparagraph 5.d., all employees of the withdrawing
9 hospital district who were participants in the Florida
10 Retirement System prior to January 1, 1996, shall remain as
11 participants in the system for as long as they are employees
12 of the hospital district, and all rights, duties, and
13 obligations between the hospital district, the system, and the
14 employees shall remain in full force and effect. Any employee
15 who is hired or appointed on or after January 1, 1996, may not
16 participate in the Florida Retirement System, and the
17 withdrawing hospital district shall have no obligation to the
18 system with respect to such employees.
19 Section 4. Paragraph (l) is added to subsection (1) of
20 section 121.055, Florida Statutes, to read:
21 121.055 Senior Management Service Class.--There is
22 hereby established a separate class of membership within the
23 Florida Retirement System to be known as the "Senior
24 Management Service Class," which shall become effective
25 February 1, 1987.
26 (1)
27 (l) For each metropolitan planning organization that
28 has opted to become part of the Florida Retirement System,
29 participation in the Senior Management Service Class shall be
30 compulsory for the executive director or staff director of
31
14
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 that metropolitan planning organization or similar entity
2 created pursuant to s. 339.175.
3 Section 5. Paragraphs (a) and (c) of subsection (2) of
4 section 121.061, Florida Statutes, are amended to read:
5 121.061 Funding.--
6 (2)(a) Should any employer other than a state employer
7 fail to make the retirement and social security contributions,
8 both member and employer contributions, required by this
9 chapter, then, upon request by the administrator, the
10 Department of Revenue or the Department of Financial Services,
11 as the case may be, shall deduct the amount owed by the
12 employer from any funds to be distributed by it to the county,
13 city, metropolitan planning organization, special district, or
14 consolidated form of government. The amounts so deducted shall
15 be transferred to the administrator for further distribution
16 to the trust funds in accordance with this chapter.
17 (c) The governing body of each county, city,
18 metropolitan planning organization, special district, or
19 consolidated form of government participating under this
20 chapter or the administrator, acting individually or jointly,
21 is hereby authorized to file and maintain an action in the
22 courts of the state to require any employer to remit any
23 retirement or social security member contributions or employer
24 matching payments due the retirement or social security trust
25 funds under the provisions of this chapter.
26 Section 6. Paragraphs (a), (b), and (e) of subsection
27 (1) of section 121.081, Florida Statutes, are amended to read:
28 121.081 Past service; prior service;
29 contributions.--Conditions under which past service or prior
30 service may be claimed and credited are:
31
15
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (1)(a) Past service, as defined in s. 121.021(18), may
2 be claimed as creditable service by officers or employees of a
3 city, metropolitan planning organization, or special district
4 that become a covered group under this system. The governing
5 body of a covered group in compliance with s. 121.051(2)(b)
6 may elect to provide benefits with respect to past service
7 earned prior to January 1, 1975, in accordance with this
8 chapter, and the cost for such past service shall be
9 established by applying the following formula: The member
10 contribution for both regular and special risk members shall
11 be 4 percent of the gross annual salary for each year of past
12 service claimed, plus 4-percent employer matching
13 contribution, plus 4 percent interest thereon compounded
14 annually, figured on each year of past service, with interest
15 compounded from date of annual salary earned until July 1,
16 1975, and 6.5 percent interest compounded annually thereafter
17 until date of payment. Once the total cost for a member has
18 been figured to date, then after July 1, 1975, 6.5 percent
19 compounded interest shall be added each June 30 thereafter on
20 any unpaid balance until the cost of such past service
21 liability is paid in full. The following formula shall be used
22 in calculating past service earned prior to January 1, 1975:
23 (Annual gross salary multiplied by 8 percent) multiplied by
24 the 4 percent or 6.5 percent compound interest table factor,
25 as may be applicable. The resulting product equals cost to
26 date for each particular year of past service.
27 (b) Past service earned after January 1, 1975, may be
28 claimed by officers or employees of a city, metropolitan
29 planning organization, or special district that becomes a
30 covered group under this system. The governing body of a
31 covered group may elect to provide benefits with respect to
16
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 past service earned after January 1, 1975, in accordance with
2 this chapter, and the cost for such past service shall be
3 established by applying the following formula: The employer
4 shall contribute an amount equal to the contribution rate in
5 effect at the time the service was earned, multiplied by the
6 employee's gross salary for each year of past service claimed,
7 plus 6.5 percent interest thereon, compounded annually,
8 figured on each year of past service, with interest compounded
9 from date of annual salary earned until date of payment.
10 (e) Past service, as defined in s. 121.021(18), may be
11 claimed as creditable service by a member of the Florida
12 Retirement System who formerly was an officer or employee of a
13 city, metropolitan planning organization, or special district,
14 notwithstanding the status or form of the retirement system,
15 if any, of that city, metropolitan planning organization, or
16 special district and irrespective of whether officers or
17 employees of that city, metropolitan planning organization, or
18 special district now or hereafter become a covered group under
19 the Florida Retirement System. Such member may claim
20 creditable service and be entitled to the benefits accruing to
21 the regular class of members as provided for the past service
22 claimed under this paragraph by paying into the retirement
23 trust fund an amount equal to the total actuarial cost of
24 providing the additional benefit resulting from such
25 past-service credit, discounted by the applicable actuarial
26 factors to date of retirement.
27 Section 7. Subsection (1) of section 311.22, Florida
28 Statutes, is amended to read:
29 311.22 Additional authorization for funding certain
30 dredging projects.--
31
17
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (1) The Florida Seaport Transportation and Economic
2 Development Council shall establish a program to fund dredging
3 projects in counties having a population of fewer than 300,000
4 according to the last official census. Funds made available
5 under this program may be used to fund approved projects for
6 the dredging or deepening of channels, turning basins, or
7 harbors on a 25-percent local 50-50 matching basis with any
8 port authority, as such term is defined in s. 315.02(2), which
9 complies with the permitting requirements in part IV of
10 chapter 373 and the local financial management and reporting
11 provisions of part III of chapter 218.
12 Section 8. Section 320.20, Florida Statutes, is
13 amended to read:
14 320.20 Disposition of license tax moneys.--The revenue
15 derived from the registration of motor vehicles, including any
16 delinquent fees and excluding those revenues collected and
17 distributed under the provisions of s. 320.081, must be
18 distributed monthly, as collected, as follows:
19 (1) The first proceeds, to the extent necessary to
20 comply with the provisions of s. 18, Art. XII of the State
21 Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968
22 revised constitution, and the additional provisions of s. 9(d)
23 and s. 1010.57, must be deposited in the district Capital
24 Outlay and Debt Service School Trust Fund.
25 (2) Twenty-five million dollars per year of such
26 revenues must be deposited in the State Transportation Trust
27 Fund, with priority use assigned to completion of the
28 interstate highway system. However, any excess funds may be
29 utilized for general transportation purposes, consistent with
30 the Department of Transportation's legislatively approved
31 objectives.
18
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (3) Notwithstanding any other provision of law except
2 subsections (1) and (2), on July 1, 1996, and annually
3 thereafter, $15 million shall be deposited in the State
4 Transportation Trust Fund solely for the purposes of funding
5 the Florida Seaport Transportation and Economic Development
6 Program as provided for in chapter 311. Such revenues shall
7 be distributed to any port listed in s. 311.09(1), to be used
8 for funding projects as follows:
9 (a) For any seaport intermodal access projects that
10 are identified in the tentative work program of the Department
11 of Transportation for the 2006-2007 to 2010-2011 fiscal years,
12 up to the amounts needed to offset the funding requirements of
13 this section.
14 (b) For seaport intermodal access projects as
15 described in s. 341.053(5) which are identified in the 5-year
16 Florida Seaport Mission Plan as provided in s. 311.09(3),
17 funding shall require at least a 25-percent match of the funds
18 received pursuant to this subsection. Matching funds shall
19 come from any port funds, federal funds, local funds, or
20 private funds.
21 (c) For seaport projects as described in s.
22 311.07(3)(b), funds shall be provided on a 50-50 matching
23 basis.
24 (d) For seaport intermodal access projects that
25 involve the dredging or deepening of channels, turning basins,
26 or harbors, or the construction or rehabilitation of wharves,
27 docks, or similar structures, funding shall require at least a
28 25-percent match of the funds received pursuant to this
29 subsection. Matching funds shall come from any port funds,
30 federal funds, local funds, or private funds. on a 50-50
31
19
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 matching basis to any port listed in s. 311.09(1) to be used
2 for funding projects as described in s. 311.07(3)(b).
3
4 Such revenues may be assigned, pledged, or set aside as a
5 trust for the payment of principal or interest on bonds, tax
6 anticipation certificates, or any other form of indebtedness
7 issued by an individual port or appropriate local government
8 having jurisdiction thereof, or collectively by interlocal
9 agreement among any of the ports, or used to purchase credit
10 support to permit such borrowings. However, such debt shall
11 not constitute a general obligation of the State of Florida.
12 The state does hereby covenant with holders of such revenue
13 bonds or other instruments of indebtedness issued hereunder
14 that it will not repeal or impair or amend in any manner which
15 will materially and adversely affect the rights of such
16 holders so long as bonds authorized by this section are
17 outstanding. Any revenues which are not pledged to the
18 repayment of bonds as authorized by this section may be
19 utilized for purposes authorized under the Florida Seaport
20 Transportation and Economic Development Program. This revenue
21 source is in addition to any amounts provided for and
22 appropriated in accordance with s. 311.07. The Florida
23 Seaport Transportation and Economic Development Council shall
24 submit to the Department of Transportation a list of strategic
25 transportation, economic development, and freight mobility
26 projects that contribute to the economic growth of the state
27 and that approve distribution of funds to ports for projects
28 which have been approved pursuant to s. 311.09(5)-(9). The
29 council and the Department of Transportation shall mutually
30 agree upon the prioritization and selection of projects for
31 funding. The Department of Transportation shall include the
20
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 selected projects for funding in the tentative work program
2 developed pursuant to s. 339.135. The council and the
3 Department of Transportation are authorized to perform such
4 acts as are required to facilitate and implement the
5 provisions of this subsection, including the funding of
6 approved projects by the use of other state funding programs,
7 local contributions from seaports, and the creative use of
8 federal funds. To better enable the ports to cooperate to
9 their mutual advantage, the governing body of each port may
10 exercise powers provided to municipalities or counties in s.
11 163.01(7)(d) subject to the provisions of chapter 311 and
12 special acts, if any, pertaining to a port. The use of funds
13 provided pursuant to this subsection are limited to eligible
14 projects listed in this subsection. Income derived from a
15 project completed with the use of program funds, beyond
16 operating costs and debt service, shall be restricted to
17 further port capital improvements consistent with maritime
18 purposes and for no other purpose. Use of such income for
19 nonmaritime purposes is prohibited. The provisions of s.
20 311.07(4) do not apply to any funds received pursuant to this
21 subsection. The revenues available under this subsection shall
22 not be pledged to the payment of any bonds other than the
23 Florida Ports Financing Commission Series 1996 and Series 1999
24 Bonds currently outstanding; provided, however, such revenues
25 may be pledged to secure payment of refunding bonds to
26 refinance the Florida Ports Financing Commission Series 1996
27 and Series 1999 Bonds. No refunding bonds secured by revenues
28 available under this subsection may be issued with a final
29 maturity later than the final maturity of the Florida Ports
30 Financing Commission Series 1996 and Series 1999 Bonds or
31 which provide for higher debt service in any year than is
21
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 currently payable on such bonds. Any revenue bonds or other
2 indebtedness issued after July 1, 2000, including other than
3 refunding bonds, shall be issued by the Division of Bond
4 Finance at the request of the Department of Transportation
5 pursuant to the State Bond Act.
6 (4) Notwithstanding any other provision of law except
7 subsections (1), (2), and (3), on July 1, 1999, and annually
8 thereafter, $10 million shall be deposited in the State
9 Transportation Trust Fund solely for the purposes of funding
10 the Florida Seaport Transportation and Economic Development
11 Program as provided in chapter 311 and for funding seaport
12 intermodal access projects of statewide significance as
13 provided in s. 341.053. Such revenues shall be distributed to
14 any port listed in s. 311.09(1), to be used for funding
15 projects as follows:
16 (a) For any seaport intermodal access projects that
17 are identified in the 1997-1998 Tentative Work Program of the
18 Department of Transportation, up to the amounts needed to
19 offset the funding requirements of this section.
20 (b) For seaport intermodal access projects as
21 described in s. 341.053(5) that are identified in the 5-year
22 Florida Seaport Mission Plan as provided in s. 311.09(3).
23 Funding for such projects shall be on a matching basis as
24 mutually determined by the Florida Seaport Transportation and
25 Economic Development Council and the Department of
26 Transportation, provided a minimum of 25 percent of total
27 project funds shall come from any port funds, local funds,
28 private funds, or specifically earmarked federal funds.
29 (c) On a 50-50 matching basis for projects as
30 described in s. 311.07(3)(b).
31
22
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (d) For seaport intermodal access projects that
2 involve the dredging or deepening of channels, turning basins,
3 or harbors,; or the construction or rehabilitation of wharves,
4 docks, or similar structures. Funding for such projects shall
5 require a 25-percent match of the funds received pursuant to
6 this subsection. Matching funds shall come from any port
7 funds, federal funds, local funds, or private funds.
8
9 Such revenues may be assigned, pledged, or set aside as a
10 trust for the payment of principal or interest on bonds, tax
11 anticipation certificates, or any other form of indebtedness
12 issued by an individual port or appropriate local government
13 having jurisdiction thereof, or collectively by interlocal
14 agreement among any of the ports, or used to purchase credit
15 support to permit such borrowings. However, such debt shall
16 not constitute a general obligation of the state. This state
17 does hereby covenant with holders of such revenue bonds or
18 other instruments of indebtedness issued hereunder that it
19 will not repeal or impair or amend this subsection in any
20 manner which will materially and adversely affect the rights
21 of holders so long as bonds authorized by this subsection are
22 outstanding. Any revenues that are not pledged to the
23 repayment of bonds as authorized by this section may be
24 utilized for purposes authorized under the Florida Seaport
25 Transportation and Economic Development Program. This revenue
26 source is in addition to any amounts provided for and
27 appropriated in accordance with s. 311.07 and subsection (3).
28 The Florida Seaport Transportation and Economic Development
29 Council shall submit to the Department of Transportation a
30 list of strategic transportation, economic development, and
31 freight mobility projects that contribute to the economic
23
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 growth of the state and that approve distribution of funds to
2 ports for projects that have been approved pursuant to s.
3 311.09(5)-(9), or that have been approved for seaport
4 intermodal access projects identified in the 5-year Florida
5 Seaport Mission Plan as provided in s. 311.09(3) and mutually
6 agreed upon by the FSTED Council and the Department of
7 Transportation. The council and the Department of
8 Transportation shall mutually agree upon the prioritization
9 and selection of projects for funding. The Department of
10 Transportation shall include the selected projects for funding
11 in the tentative work program developed pursuant to s.
12 339.135. All contracts for actual construction of projects
13 authorized by this subsection must include a provision
14 encouraging employment of participants in the welfare
15 transition program. The goal for employment of participants in
16 the welfare transition program is 25 percent of all new
17 employees employed specifically for the project, unless the
18 Department of Transportation and the Florida Seaport
19 Transportation and Economic Development Council demonstrate
20 that such a requirement would severely hamper the successful
21 completion of the project. In such an instance, Workforce
22 Florida, Inc., shall establish an appropriate percentage of
23 employees that must be participants in the welfare transition
24 program. The council and the Department of Transportation are
25 authorized to perform such acts as are required to facilitate
26 and implement the provisions of this subsection, including the
27 funding of approved projects by the use of other state funding
28 programs, local contributions from seaports, and the creative
29 use of federal funds. To better enable the ports to cooperate
30 to their mutual advantage, the governing body of each port may
31 exercise powers provided to municipalities or counties in s.
24
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 163.01(7)(d) subject to the provisions of chapter 311 and
2 special acts, if any, pertaining to a port. The use of funds
3 provided pursuant to this subsection is limited to eligible
4 projects listed in this subsection. The provisions of s.
5 311.07(4) do not apply to any funds received pursuant to this
6 subsection. The revenues available under this subsection shall
7 not be pledged to the payment of any bonds other than the
8 Florida Ports Financing Commission Series 1996 and Series 1999
9 Bonds currently outstanding; provided, however, such revenues
10 may be pledged to secure payment of refunding bonds to
11 refinance the Florida Ports Financing Commission Series 1996
12 and Series 1999 Bonds. No refunding bonds secured by revenues
13 available under this subsection may be issued with a final
14 maturity later than the final maturity of the Florida Ports
15 Financing Commission Series 1996 and Series 1999 Bonds or
16 which provide for higher debt service in any year than is
17 currently payable on such bonds. Any revenue bonds or other
18 indebtedness issued after July 1, 2000, including other than
19 refunding bonds, shall be issued by the Division of Bond
20 Finance at the request of the Department of Transportation
21 pursuant to the State Bond Act.
22 (5) Notwithstanding any other provision of law except
23 subsections (1), (2), (3), and (4), on July 1, 2006, and
24 annually thereafter, $5 million shall be deposited in the
25 State Transportation Trust Fund solely for the purposes of
26 funding the Florida Seaport Transportation and Economic
27 Development Program as provided in chapter 311 and for funding
28 seaport intermodal access projects of statewide significance
29 as provided in s. 341.053. Such revenues shall be distributed
30 to any port listed in s. 311.09(1), to be used for funding
31 projects as follows:
25
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (a) For any seaport intermodal access projects that
2 are identified in the Tentative Work Program of the Department
3 of Transportation for the 2006-2007 to 2010-2011 fiscal years,
4 up to the amounts needed to offset the funding requirements of
5 this section.
6 (b) For seaport intermodal access projects as
7 described in s. 341.053(5) which are identified in the 5-year
8 Florida Seaport Mission Plan as provided in s. 311.09(3),
9 funding shall require at least a 25-percent match of the funds
10 received pursuant to this subsection. Matching funds shall
11 come from any port funds, federal funds, local funds, or
12 private funds.
13 (c) For seaport projects as described in s.
14 311.07(3)(b), funds shall be provided on a 50-50 matching
15 basis.
16 (d) For seaport intermodal access projects that
17 involve the dredging or deepening of channels, turning basins,
18 or harbors, or the construction or rehabilitation of wharves,
19 docks, or similar structures, funding shall require at least a
20 25-percent match of the funds received pursuant to this
21 subsection. Matching funds shall come from any port funds,
22 federal funds, local funds, or private funds.
23
24 Such revenues may be assigned, pledged, or set aside as a
25 trust for the payment of principal or interest on bonds, tax
26 anticipation certificates, or any other form of indebtedness
27 issued by the Division of Bond Finance at the request of the
28 Department of Transportation pursuant to the State Bond Act.
29 However, such debt does not constitute a general obligation of
30 the state. This state covenants with holders of such revenue
31 bonds or other instruments of indebtedness issued under this
26
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 subsection that it will not repeal or impair or amend this
2 subsection in any manner that will materially and adversely
3 affect the rights of holders so long as bonds authorized by
4 this subsection are outstanding. Any revenues that are not
5 pledged to the repayment of bonds as authorized by this
6 subsection may be used for purposes authorized under the
7 Florida Seaport Transportation and Economic Development
8 Program. This revenue source is in addition to any amounts
9 provided for and appropriated in accordance with s. 311.07 and
10 subsections (3) and (4). The Florida Seaport Transportation
11 and Economic Development Council shall submit to the
12 Department of Transportation a list of strategic
13 transportation, economic development, and freight mobility
14 projects that contribute to the economic growth of the state
15 and that have been approved pursuant to s. 311.09(5)-(9), or
16 that have been approved for seaport intermodal access projects
17 identified in the 5-year Florida Seaport Mission Plan as
18 provided in s. 311.09(3). The council and the Department of
19 Transportation shall mutually agree upon the prioritization
20 and selection of projects for funding. The Department of
21 Transportation shall include the selected projects for funding
22 in the tentative work program developed pursuant to s.
23 339.135. The council and the Department of Transportation may
24 perform such acts as are required to facilitate and implement
25 the provisions of this subsection, including the funding of
26 approved projects by the use of other state funding programs,
27 local contributions from seaports, and the creative use of
28 federal funds. To better enable the ports to cooperate to
29 their mutual advantage, the governing body of each port may
30 exercise powers provided to municipalities or counties in s.
31 163.01(7)(d), subject to the provisions of chapter 311 and
27
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 special acts, if any, pertaining to the port. The use of funds
2 provided under this subsection is limited to eligible projects
3 listed in this subsection. Section 311.07(4) does not apply to
4 any funds received pursuant to this subsection.
5 (6)(a)(5)(a) Except as provided in paragraph (c), the
6 remainder of such revenues must be deposited in the State
7 Transportation Trust Fund.
8 (b) The Chief Financial Officer each month shall
9 deposit in the State Transportation Trust Fund an amount,
10 drawn from other funds in the State Treasury which are not
11 immediately needed or are otherwise in excess of the amount
12 necessary to meet the requirements of the State Treasury,
13 which when added to such remaining revenues each month will
14 equal one-twelfth of the amount of the anticipated annual
15 revenues to be deposited in the State Transportation Trust
16 Fund under paragraph (a) as determined by the Chief Financial
17 Officer after consultation with the revenue estimating
18 conference held pursuant to s. 216.136(3). The transfers
19 required hereunder may be suspended by action of the
20 Legislative Budget Commission in the event of a significant
21 shortfall of state revenues.
22 (c) In any month in which the remaining revenues
23 derived from the registration of motor vehicles exceed
24 one-twelfth of those anticipated annual remaining revenues as
25 determined by the Chief Financial Officer after consultation
26 with the revenue estimating conference, the excess shall be
27 credited to those state funds in the State Treasury from which
28 the amount was originally drawn, up to the amount which was
29 deposited in the State Transportation Trust Fund under
30 paragraph (b). A final adjustment must be made in the last
31 months of a fiscal year so that the total revenue deposited in
28
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 the State Transportation Trust Fund each year equals the
2 amount derived from the registration of motor vehicles, less
3 the amount distributed under subsection (1). For the purposes
4 of this paragraph and paragraph (b), the term "remaining
5 revenues" means all revenues deposited into the State
6 Transportation Trust Fund under paragraph (a) and subsections
7 (2) and (3). In order that interest earnings continue to
8 accrue to the General Revenue Fund, the Department of
9 Transportation may not invest an amount equal to the
10 cumulative amount of funds deposited in the State
11 Transportation Trust Fund under paragraph (b) less funds
12 credited under this paragraph as computed on a monthly basis.
13 The amounts to be credited under this and the preceding
14 paragraph must be calculated and certified to the Chief
15 Financial Officer by the Executive Office of the Governor.
16 Section 9. Section 336.68, Florida Statutes, is
17 created to read:
18 336.68 Special road and bridge district boundaries;
19 property owner's rights and options.--
20 (1) An owner of real property that is located within
21 the boundaries of a community development district created
22 under chapter 190 and a special road and bridge district
23 created under former ss. 336.61-336.67 may select the
24 community development district to be the provider of the road
25 and drainage improvements to the property of the owner. After
26 making this selection, the property owner may withdraw the
27 property from the special road and bridge district using the
28 procedures set forth in this section.
29 (2) In order to be eligible to withdraw the property
30 from the special road and bridge district, the subject
31 property may not have received improvements or benefits from
29
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 the special road and bridge district, there must be no
2 outstanding bonded indebtedness of the special road and bridge
3 district for which the property is subject to ad valorem tax
4 levies, and the withdrawal of the property may not create an
5 enclave bounded on all sides by other property within the
6 boundaries of the special road and bridge district after the
7 property owner withdraws the property from the special road
8 and bridge district.
9 (3) If the property owner chooses to withdraw the
10 property from the special road and bridge district, the
11 property owner must file a certificate of withdrawal in the
12 official records of each county in which the property is
13 located. The certificate must identify the name and mailing
14 address of the owner, the legal description of the property,
15 the name of the district from which the property is being
16 withdrawn, and the general location of the property within the
17 district. The certificate must further state that the property
18 has not received benefits from the district from which the
19 property is to be withdrawn, that there is no bonded
20 indebtedness owed by the district, and that the property being
21 withdrawn will not become an enclave within the boundary of
22 the special road and bridge district.
23 (4) The property owner must provide a copy of the
24 recorded certificate to the governing body of the special road
25 and bridge district from which the property is being withdrawn
26 no later than 10 days after the certificate is filed with the
27 county. If the district objects to the withdrawal of the
28 property from the district, it must file a written objection
29 in each county where the property is located identifying the
30 withdrawal criteria that has not been satisfied. The objection
31 must be filed within 30 days after the certificate is
30
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 recorded. If an objection is not filed within the 30-day
2 period, the withdrawal of the property is deemed to be final,
3 and the property is permanently withdrawn from the boundary of
4 the special road and bridge district.
5 Section 10. Paragraph (c) of subsection (5) of section
6 339.155, Florida Statutes, is amended to read:
7 339.155 Transportation planning.--
8 (5) ADDITIONAL TRANSPORTATION PLANS.--
9 (c) Regional transportation plans may be developed in
10 regional transportation areas in accordance with an interlocal
11 agreement entered into pursuant to s. 163.01 by:
12 1. Two or more contiguous metropolitan planning
13 organizations; one or more metropolitan planning organizations
14 and one or more contiguous counties, none of which is a member
15 of a metropolitan planning organization; a multicounty
16 regional transportation authority created by or pursuant to
17 law; two or more contiguous counties that are not members of a
18 metropolitan planning organization; or metropolitan planning
19 organizations comprised of three or more counties; and.
20 2. A regional transportation planning organization,
21 referred to as a RTPO. A RTPO may be formed in any
22 census-designated urbanized area of 1 million or more persons
23 to develop a regional transportation plan and to advise the
24 department regarding the programming of regional
25 transportation projects within the area.
26 a. Voting membership of the RTPO must include, but is
27 not limited to:
28 (I) A representative of the metropolitan planning
29 organizations serving the urbanized area. The member must be
30 an elected official and a member of a metropolitan planning
31
31
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 organization when elected and for the full extent of his or
2 her term on the board.
3 (II) A representative of the public economic
4 development agencies in the region who is not an elected
5 official but who is a resident and a qualified elector in the
6 region served by the RTPO.
7 (III) A representative of any private economic
8 development agencies in the region who is not an elected
9 official but who is a resident and a qualified elector in the
10 region served by the RTPO.
11 (IV) A non-voting representative appointed by the
12 Secretary of Transportation, who shall be the district
13 secretary, or his or her designee, for each district, or part
14 of a district, within the region served by the RTPO.
15 (V) The executive director of the Turnpike Enterprise
16 or his or her designee as a non-voting representative.
17 (VI) A representative of the public transit providers,
18 as defined in chapter 341, operating within the region served
19 by the RTPO.
20 (VII) A representative of the airports designated as
21 strategic intermodal system facilities located within the
22 region served by the RTPO.
23 (VIII) A representative of the affected seaports
24 designated as strategic intermodal system facilities, located
25 in the region served by the RTPO.
26 (IX) A representative of the rail lines, designated as
27 strategic intermodal system facilities, operating in the
28 region served by the RTPO.
29 (X) A representative of the expressway or bridge
30 authority, created under chapter 348, operating in the region
31 served by the RTPO.
32
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (XI) A member of the Florida Senate or House of
2 Representatives in his or her capacity as the chair of the
3 local legislative delegation.
4 b. The geographic area of the RTPO may be expanded by
5 agreement of the voting membership of the organization and the
6 metropolitan planning organization serving the area to be
7 included, or board of county commissioners if no metropolitan
8 planning organization exists. Representatives of additional
9 transportation-related activities may be included by agreement
10 of the voting membership of the RTPO.
11 c. The RTPO shall develop by-laws that provide for the
12 election of a chair and terms of members. However, for the
13 members representing the collective bodies listed in
14 sub-sub-subparagraphs a.(I), (II), (III), (VI), (VII), (VIII),
15 (IX), and (X), the initial terms must be 2 years.
16 d. The voting members of the RTPO are not entitled to
17 compensation, but shall be reimbursed for travel expenses
18 actually incurred in their duties as provided by law.
19 3. A regional transportation planning organization is
20 created to be known as the Bay Area Regional Transportation
21 Planning Organization. The purpose of the organization is to
22 develop a regional transportation plan and to advise the
23 department regarding the programming of regional
24 transportation projects within Citrus, Hernando, Hillsborough,
25 Manatee, Pasco, Pinellas, and Sarasota Counties.
26 a. The voting membership of the organization consists
27 of the following members:
28 (I) A representative of the chair's coordinating
29 committee created under s. 339.175(5). The member must be an
30 elected official and a member of a metropolitan planning
31
33
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 organization when elected and for the full extent of his or
2 her term on the board.
3 (II) A representative of the Tampa Bay Partnership who
4 is not an elected official but who is a resident and a
5 qualified elector in the region served by the organization.
6 (III) A non-voting representative appointed by the
7 Secretary of Transportation, who shall be the district
8 secretary, or his or her designee, for each district or part
9 of a district in the counties served by the organization.
10 (IV) The executive director of the Turnpike Enterprise
11 or his or her designee as a non-voting representative.
12 (V) A representative of the Tampa Bay Commuter Transit
13 Authority.
14 (VI) A representative of the Tampa-Hillsborough County
15 Expressway Authority.
16 (VII) A representative of the Tampa Bay Regional
17 Planning Council.
18 (VIII) A representative of the airports, collectively
19 representing the interests of Tampa International Airport, St.
20 Petersburg/Clearwater International Airport, and
21 Sarasota/Bradenton International Airport.
22 (IX) A representative collectively representing the
23 rail interests in the region.
24 (X) A representative collectively representing the
25 governing boards of the Port of Tampa, Port Manatee, and the
26 Port of St. Petersburg.
27 (XI) A representative collectively representing the
28 public economic development agencies representing Citrus,
29 Hernando, Hillsborough, Manatee, Pasco, Pinellas, and Sarasota
30 Counties.
31
34
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (XII) A member of the Florida Senate or House of
2 Representatives in his or her capacity as the chair of the Bay
3 Area legislative delegation.
4 b. The geographic area may be expanded by agreement of
5 the voting membership of the organization and the metropolitan
6 planning organization serving the area to be included, or the
7 board of county commissioners if no metropolitan planning
8 organization exists. Representatives of additional
9 transportation-related activities may be included by agreement
10 of the voting membership of the organization.
11 c. The organization shall develop by-laws that provide
12 for the election of a chair and terms of members. However, for
13 the members representing the collective bodies listed in
14 sub-sub-subparagraphs a.(I), (V), (VIII), (IX), and (XI), the
15 initial terms must be 2 years.
16 d. The voting members of the organization are not
17 entitled to compensation, but shall be reimbursed for travel
18 expenses actually incurred in their duties as provided by law.
19 Section 11. The sum of $100,000 is appropriated from
20 the State Transportation Trust Fund to the Department of
21 Transportation for the purpose of funding the Bay Area
22 Regional Transportation Planning Organization for the purpose
23 of transportation planning for the 2006-2007 fiscal year.
24 Section 12. Subsection (2) of section 339.2819,
25 Florida Statutes, is amended to read:
26 339.2819 Transportation Regional Incentive Program.--
27 (2)(a) For improvements to regionally significant
28 facilities identified in a regional transportation plan
29 developed under s. 339.155(5)(c)1., the percentage of matching
30 funds provided from the Transportation Regional Incentive
31 Program shall be 50 percent of project costs, or up to 75
35
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 percent of the nonfederal share of the eligible project cost
2 for the public transportation facility project.
3 (b) For improvements to regionally significant
4 facilities identified in a regional transportation plan
5 developed under s. 339.155(5)(c)2. or 3., by a regional
6 transportation planning organization, the percentage of
7 matching funds provided from the transportation regional
8 incentive program shall be up to 75 percent of project costs.
9 Section 13. Subsection (1), paragraphs (a) and (b) of
10 subsection (2), paragraphs (a) and (b) of subsection (3), and
11 subsections (5) and (12) of section 339.175, Florida Statutes,
12 are amended, to read:
13 339.175 Metropolitan planning organization.--It is the
14 intent of the Legislature to encourage and promote the safe
15 and efficient management, operation, and development of
16 surface transportation systems that will serve the mobility
17 needs of people and freight within and through urbanized areas
18 of this state while minimizing transportation-related fuel
19 consumption and air pollution. To accomplish these objectives,
20 metropolitan planning organizations, referred to in this
21 section as M.P.O.'s, shall develop, in cooperation with the
22 state and public transit operators, transportation plans and
23 programs for metropolitan areas. The plans and programs for
24 each metropolitan area must provide for the development and
25 integrated management and operation of transportation systems
26 and facilities, including pedestrian walkways and bicycle
27 transportation facilities that will function as an intermodal
28 transportation system for the metropolitan area, based upon
29 the prevailing principles provided in s. 334.046(1). The
30 process for developing such plans and programs shall provide
31 for consideration of all modes of transportation and shall be
36
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 continuing, cooperative, and comprehensive, to the degree
2 appropriate, based on the complexity of the transportation
3 problems to be addressed. To ensure that the process is
4 integrated with the statewide planning process, M.P.O.'s shall
5 develop plans and programs that identify transportation
6 facilities that should function as an integrated metropolitan
7 transportation system, giving emphasis to facilities that
8 serve important national, state, and regional transportation
9 functions. For the purposes of this section, those facilities
10 include the facilities on the Strategic Intermodal System
11 designated under s. 339.63 and facilities for which projects
12 have been identified pursuant to s. 339.2819(4).
13 (1) DESIGNATION.--
14 (a)1. An M.P.O. shall be designated for each urbanized
15 area of the state; however, this does not require that an
16 individual M.P.O. be designated for each such area. The Such
17 designation shall be accomplished by agreement between the
18 Governor and units of general-purpose local government
19 representing at least 75 percent of the population of the
20 urbanized area; however, the unit of general-purpose local
21 government that represents the central city or cities within
22 the M.P.O. jurisdiction, as defined by the United States
23 Bureau of the Census, must be a party to the such agreement.
24 2. More than one M.P.O. may be designated within an
25 existing metropolitan planning area only if the Governor and
26 the existing M.P.O. determine that the size and complexity of
27 the existing metropolitan planning area makes the designation
28 of more than one M.P.O. for the area appropriate.
29 (b) Each M.P.O. required to be designated by Title 23
30 of the United States Code shall be created and operated under
31 the provisions of this section pursuant to an interlocal
37
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 agreement entered into pursuant to s. 163.01. The signatories
2 to the interlocal agreement shall be the department and the
3 governmental entities designated by the Governor for
4 membership on the M.P.O. Each M.P.O. is separate from the
5 state and the governing body of a local government which is
6 represented on the governing board of the M.P.O. or which is a
7 signatory to the interlocal agreement creating the M.P.O. The
8 M.P.O. has the powers and privileges that are provided to it
9 under s. 163.01. If there is a conflict between this section
10 and s. 163.01, this section prevails.
11 (c) The jurisdictional boundaries of an M.P.O. shall
12 be determined by agreement between the Governor and the
13 applicable M.P.O. The boundaries must include at least the
14 metropolitan planning area, which is the existing urbanized
15 area and the contiguous area expected to become urbanized
16 within a 20-year forecast period, and may encompass the entire
17 metropolitan statistical area or the consolidated metropolitan
18 statistical area.
19 (d) In the case of an urbanized area designated as a
20 nonattainment area for ozone or carbon monoxide under the
21 Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of
22 the metropolitan planning area in existence as of the date of
23 enactment of this paragraph shall be retained, except that the
24 boundaries may be adjusted by agreement of the Governor and
25 affected metropolitan planning organizations in the manner
26 described in this section. If more than one M.P.O. has
27 authority within a metropolitan area or an area that is
28 designated as a nonattainment area, each M.P.O. shall consult
29 with other M.P.O.'s designated for such area and with the
30 state in the coordination of plans and programs required by
31 this section.
38
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (e) The governing body of the M.P.O. shall designate a
2 chair, a vice chair, and an agency clerk. The chair and vice
3 chair must be selected from among the delegates representing
4 the member organizations that comprise the governing board of
5 the M.P.O. The agency clerk is responsible for preparing
6 minutes of each meeting and maintaining the records of the
7 M.P.O. The clerk may be a member of the M.P.O. governing
8 board, an employee of the M.P.O., or any other natural person.
9
10 Each M.P.O. required under this section must be fully
11 operative no later than 6 months following its designation.
12 (2) VOTING MEMBERSHIP.--
13 (a) The voting membership of an M.P.O. shall consist
14 of not fewer than 5 or more than 19 apportioned members, the
15 exact number to be determined on an equitable
16 geographic-population ratio basis by the Governor, based on an
17 agreement among the affected units of general-purpose local
18 government as required by federal rules and regulations. The
19 Governor, in accordance with 23 U.S.C. s. 134, may also
20 provide for M.P.O. members who represent municipalities to
21 alternate with representatives from other municipalities
22 within the metropolitan planning area that do not have members
23 on the M.P.O. County commission members shall compose not less
24 than one-third of the M.P.O. membership, except for an M.P.O.
25 with more than 15 members located in a county with a 5-member
26 five-member county commission or an M.P.O. with 19 members
27 located in a county with no more than 6 county commissioners,
28 in which case county commission members may compose less than
29 one-third percent of the M.P.O. membership, but all county
30 commissioners must be members. All voting members shall be
31 elected officials of general-purpose local governments, except
39
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 that an M.P.O. may include, as part of its apportioned voting
2 members, a member of a statutorily authorized planning board,
3 an official of an agency that operates or administers a major
4 mode of transportation, or an official of the Florida Space
5 Authority. As used in this section, elected officials of a
6 general-purpose local government shall exclude constitutional
7 officers, including sheriffs, tax collectors, supervisors of
8 elections, property appraisers, clerks of the court, and
9 similar types of officials. County commissioners The county
10 commission shall compose not less than 20 percent of the
11 M.P.O. membership if an official of an agency that operates or
12 administers a major mode of transportation has been appointed
13 to an M.P.O.
14 (b) In metropolitan areas in which authorities or
15 other agencies have been or may be created by law to perform
16 transportation functions and are performing transportation
17 functions that are not under the jurisdiction of a
18 general-purpose general purpose local government represented
19 on the M.P.O., they shall be provided voting membership on the
20 M.P.O. In all other M.P.O.'s where transportation authorities
21 or agencies are to be represented by elected officials from
22 general-purpose general purpose local governments, the M.P.O.
23 shall establish a process by which the collective interests of
24 such authorities or other agencies are expressed and conveyed.
25 (3) APPORTIONMENT.--
26 (a) The Governor shall, with the agreement of the
27 affected units of general-purpose local government as required
28 by federal rules and regulations, apportion the membership on
29 the applicable M.P.O. among the various governmental entities
30 within the area. At the request of a majority of the affected
31 units of general-purpose local government comprising an
40
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 M.P.O., the Governor and a majority of units of
2 general-purpose local governments serving on an M.P.O. and
3 shall cooperatively agree upon and prescribe who may serve as
4 an alternate member and a method for appointing alternate
5 members who may vote at any M.P.O. meeting that an alternate
6 member attends in place of a regular member. The methodology
7 shall be set forth as a part of the interlocal agreement
8 describing the M.P.O.'s membership or in the M.P.O.'s
9 operating procedures and bylaws. An appointed alternate member
10 must be an elected official serving the same governmental
11 entity or a general-purpose local government with jurisdiction
12 within all or part of the area that the regular member serves.
13 The governmental entity so designated shall appoint the
14 appropriate number of members to the M.P.O. from eligible
15 officials. Representatives of the department shall serve as
16 nonvoting members of the M.P.O. governing board. Nonvoting
17 advisers may be appointed by the M.P.O. as deemed necessary;
18 however, to the maximum extent feasible, each M.P.O. shall
19 seek to appoint nonvoting representatives of various
20 multimodal forms of transportation not otherwise represented
21 by voting members of the M.P.O. An M.P.O. shall appoint
22 nonvoting advisers representing major military installations
23 upon the request of the major military installations and
24 subject to the agreement of the M.P.O. All nonvoting advisers
25 may attend and participate fully in governing board meetings
26 but shall not vote and shall not be members of the governing
27 board. The Governor shall review the composition of the M.P.O.
28 membership in conjunction with the decennial census as
29 prepared by the United States Department of Commerce, Bureau
30 of the Census, and reapportion it as necessary to comply with
31 subsection (2).
41
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (b) Except for members who represent municipalities on
2 the basis of alternating with representatives from other
3 municipalities that do not have members on the M.P.O. as
4 provided in paragraph (2)(a), the members of an M.P.O. shall
5 serve 4-year terms. Members who represent municipalities on
6 the basis of alternating with representatives from other
7 municipalities that do not have members on the M.P.O. as
8 provided in paragraph (2)(a) may serve terms of up to 4 years
9 as further provided in the interlocal agreement described in
10 paragraph (1)(b). The membership of a member who is a public
11 official automatically terminates upon the member's leaving
12 his or her elective or appointive office for any reason, or
13 may be terminated by a majority vote of the total membership
14 of the entity's governing board a county or city governing
15 entity represented by the member. A vacancy shall be filled by
16 the original appointing entity. A member may be reappointed
17 for one or more additional 4-year terms.
18 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
19 privileges, and authority of an M.P.O. are those specified in
20 this section or incorporated in an interlocal agreement
21 authorized under s. 163.01. Each M.P.O. shall perform all acts
22 required by federal or state laws or rules, now and
23 subsequently applicable, which are necessary to qualify for
24 federal aid. It is the intent of this section that each M.P.O.
25 shall be involved in the planning and programming of
26 transportation facilities, including, but not limited to,
27 airports, intercity and high-speed rail lines, seaports, and
28 intermodal facilities, to the extent permitted by state or
29 federal law.
30 (a) Each M.P.O. shall, in cooperation with the
31 department, develop:
42
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 1. A long-range transportation plan pursuant to the
2 requirements of subsection (6);
3 2. An annually updated transportation improvement
4 program pursuant to the requirements of subsection (7); and
5 3. An annual unified planning work program pursuant to
6 the requirements of subsection (8).
7 (b) In developing the long-range transportation plan
8 and the transportation improvement program required under
9 paragraph (a), each M.P.O. shall provide for consideration of
10 projects and strategies that will:
11 1. Support the economic vitality of the metropolitan
12 area, especially by enabling global competitiveness,
13 productivity, and efficiency;
14 2. Increase the safety and security of the
15 transportation system for motorized and nonmotorized users;
16 3. Increase the accessibility and mobility options
17 available to people and for freight;
18 4. Protect and enhance the environment, promote energy
19 conservation, and improve quality of life;
20 5. Enhance the integration and connectivity of the
21 transportation system, across and between modes, for people
22 and freight;
23 6. Promote efficient system management and operation;
24 and
25 7. Emphasize the preservation of the existing
26 transportation system.
27 (c) In order to provide recommendations to the
28 department and local governmental entities regarding
29 transportation plans and programs, each M.P.O. shall:
30 1. Prepare a congestion management system for the
31 metropolitan area and cooperate with the department in the
43
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 development of all other transportation management systems
2 required by state or federal law;
3 2. Assist the department in mapping transportation
4 planning boundaries required by state or federal law;
5 3. Assist the department in performing its duties
6 relating to access management, functional classification of
7 roads, and data collection;
8 4. Execute all agreements or certifications necessary
9 to comply with applicable state or federal law;
10 5. Represent all the jurisdictional areas within the
11 metropolitan area in the formulation of transportation plans
12 and programs required by this section; and
13 6. Perform all other duties required by state or
14 federal law.
15 (d) Each M.P.O. shall appoint a technical advisory
16 committee that includes planners; engineers; representatives
17 of local aviation authorities, port authorities, and public
18 transit authorities or representatives of aviation
19 departments, seaport departments, and public transit
20 departments of municipal or county governments, as applicable;
21 the school superintendent of each county within the
22 jurisdiction of the M.P.O. or the superintendent's designee;
23 and other appropriate representatives of affected local
24 governments. In addition to any other duties assigned to it by
25 the M.P.O. or by state or federal law, the technical advisory
26 committee is responsible for considering safe access to
27 schools in its review of transportation project priorities,
28 long-range transportation plans, and transportation
29 improvement programs, and shall advise the M.P.O. on such
30 matters. In addition, the technical advisory committee shall
31 coordinate its actions with local school boards and other
44
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 local programs and organizations within the metropolitan area
2 which participate in school safety activities, such as locally
3 established community traffic safety teams. Local school
4 boards must provide the appropriate M.P.O. with information
5 concerning future school sites and in the coordination of
6 transportation service.
7 (e)1. Each M.P.O. shall appoint a citizens' advisory
8 committee, the members of which serve at the pleasure of the
9 M.P.O. The membership on the citizens' advisory committee must
10 reflect a broad cross section of local residents with an
11 interest in the development of an efficient, safe, and
12 cost-effective transportation system. Minorities, the elderly,
13 and the handicapped must be adequately represented.
14 2. Notwithstanding the provisions of subparagraph 1.,
15 an M.P.O. may, with the approval of the department and the
16 applicable federal governmental agency, adopt an alternative
17 program or mechanism to ensure citizen involvement in the
18 transportation planning process.
19 (f) The department shall allocate to each M.P.O., for
20 the purpose of accomplishing its transportation planning and
21 programming duties, an appropriate amount of federal
22 transportation planning funds.
23 (g) Each M.P.O. shall have an executive or staff
24 director, who reports directly to the M.P.O. governing board
25 for all matters regarding the administration and operation of
26 the M.P.O., and any additional personnel as deemed necessary.
27 The executive director and any additional personnel may be
28 employed either by an M.P.O. or by another governmental
29 entity, such as a county, city, or regional planning council,
30 which has a signed staff services agreement in effect with the
31 M.P.O. In addition, an M.P.O. may employ personnel or may
45
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 enter into contracts with local or state governmental
2 agencies, private planning or engineering firms, or other
3 private engineering firms to accomplish its transportation
4 planning and programming duties and administrative functions
5 required by state or federal law.
6 (h) Each M.P.O. shall provide training opportunities
7 for local elected officials and others who serve on an M.P.O.
8 in order to enhance their knowledge, effectiveness, and
9 participation in the urbanized area transportation planning
10 process. The training opportunities may be conducted by an
11 individual M.P.O. or through statewide and federal training
12 programs and initiatives that are specifically designed to
13 meet the needs of M.P.O. board members.
14 (i)(h) A chair's coordinating committee is created,
15 composed of the M.P.O.'s serving Hernando, Hillsborough,
16 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
17 committee must, at a minimum:
18 1. Coordinate transportation projects deemed to be
19 regionally significant by the committee.
20 2. Review the impact of regionally significant land
21 use decisions on the region.
22 3. Review all proposed regionally significant
23 transportation projects in the respective transportation
24 improvement programs which affect more than one of the
25 M.P.O.'s represented on the committee.
26 4. Institute a conflict resolution process to address
27 any conflict that may arise in the planning and programming of
28 such regionally significant projects.
29 (j)(i)1. The Legislature finds that the state's rapid
30 growth in recent decades has caused many urbanized areas
31 subject to M.P.O. jurisdiction to become contiguous to each
46
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 other. As a result, various transportation projects may cross
2 from the jurisdiction of one M.P.O. into the jurisdiction of
3 another M.P.O. To more fully accomplish the purposes for which
4 M.P.O.'s have been mandated, M.P.O.'s shall develop
5 coordination mechanisms with one another to expand and improve
6 transportation within the state. The appropriate method of
7 coordination between M.P.O.'s shall vary depending upon the
8 project involved and given local and regional needs.
9 Consequently, it is appropriate to set forth a flexible
10 methodology that can be used by M.P.O.'s to coordinate with
11 other M.P.O.'s and appropriate political subdivisions as
12 circumstances demand.
13 2. Any M.P.O. may join with any other M.P.O. or any
14 individual political subdivision to coordinate activities or
15 to achieve any federal or state transportation planning or
16 development goals or purposes consistent with federal or state
17 law. When an M.P.O. determines that it is appropriate to join
18 with another M.P.O. or any political subdivision to coordinate
19 activities, the M.P.O. or political subdivision shall enter
20 into an interlocal agreement pursuant to s. 163.01, which, at
21 a minimum, creates a separate legal or administrative entity
22 to coordinate the transportation planning or development
23 activities required to achieve the goal or purpose; provides
24 provide the purpose for which the entity is created; provides
25 provide the duration of the agreement and the entity, and
26 specifies specify how the agreement may be terminated,
27 modified, or rescinded; describes describe the precise
28 organization of the entity, including who has voting rights on
29 the governing board, whether alternative voting members are
30 provided for, how voting members are appointed, and what the
31 relative voting strength is for each constituent M.P.O. or
47
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 political subdivision; provides provide the manner in which
2 the parties to the agreement will provide for the financial
3 support of the entity and payment of costs and expenses of the
4 entity; provides provide the manner in which funds may be paid
5 to and disbursed from the entity; and provides provide how
6 members of the entity will resolve disagreements regarding
7 interpretation of the interlocal agreement or disputes
8 relating to the operation of the entity. Such interlocal
9 agreement shall become effective upon its recordation in the
10 official public records of each county in which a member of
11 the entity created by the interlocal agreement has a voting
12 member. This paragraph does not require any M.P.O.'s to merge,
13 combine, or otherwise join together as a single M.P.O.
14 (12) VOTING REQUIREMENTS.--Each long-range
15 transportation plan required pursuant to subsection (6), each
16 annually updated Transportation Improvement Program required
17 under subsection (7), and each amendment that affects projects
18 in the first 3 years of such plans and programs must be
19 approved by each M.P.O. on a supermajority recorded roll call
20 vote or hand-counted vote of a majority plus one of the
21 membership present.
22 Section 14. The Florida Transportation Commission
23 shall conduct a study of the progress made by M.P.O.'s to
24 establish improved coordinated transportation planning
25 processes. The report must, at a minimum, address the efforts
26 and progress of each M.P.O. to include representatives of the
27 various modes of transportation into the metropolitan planning
28 process; the efforts and progress of M.P.O.'s located within
29 urbanized areas consisting of more than one M.P.O., or
30 M.P.O.'s located in urbanized areas that are contiguous to
31 M.P.O.'s serving different urbanized areas, to implement
48
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 coordinated long-range transportation plans covering the
2 combined metropolitan planning area; the extent to which these
3 long-range plans serve as the basis for the transportation
4 improvement program of each M.P.O.; and an assessment of the
5 effectiveness of processes to prioritize
6 regionally-significant projects and implement regional public
7 involvement activities. The report shall be submitted to the
8 Governor, the President of the Senate, and the Speaker of the
9 House of Representatives no later than January 15, 2007.
10 Section 15. Paragraph (h) of subsection (2) of section
11 20.23, Florida Statutes, is amended to read:
12 20.23 Department of Transportation.--There is created
13 a Department of Transportation which shall be a decentralized
14 agency.
15 (2)
16 (h) The commission shall appoint an executive director
17 and assistant executive director, who shall serve under the
18 direction, supervision, and control of the commission. The
19 executive director, with the consent of the commission, shall
20 employ such staff as are necessary to perform adequately the
21 functions of the commission, within budgetary limitations. All
22 employees of the commission are exempt from part II of chapter
23 110 and shall serve at the pleasure of the commission. The
24 salaries and benefits of all employees of the commission,
25 except for the executive director, shall be set in accordance
26 with the Selected Exempt Service; provided, however, that the
27 salary and benefits of the executive director shall be set in
28 accordance with the Senior Management Service. The commission
29 shall have complete authority for fixing the salary of the
30 executive director and assistant executive director.
31
49
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 Section 16. Paragraph (c) of subsection (6) of section
2 332.007, Florida Statutes, is amended to read:
3 332.007 Administration and financing of aviation and
4 airport programs and projects; state plan.--
5 (6) Subject to the availability of appropriated funds,
6 the department may participate in the capital cost of eligible
7 public airport and aviation development projects in accordance
8 with the following rates, unless otherwise provided in the
9 General Appropriations Act or the substantive bill
10 implementing the General Appropriations Act:
11 (c) When federal funds are not available, the
12 department may fund up to 80 percent of master planning and
13 eligible aviation development projects at publicly owned,
14 publicly operated airports. If federal funds are available but
15 are insufficient to meet the maximum authorized federal share,
16 the department may fund up to 80 percent of the nonfederal
17 share of such projects. Such funding is limited to airports
18 that have no scheduled commercial service.
19 Section 17. Subsection (8) of section 332.007, Florida
20 Statutes, is amended to read:
21 332.007 Administration and financing of aviation and
22 airport programs and projects; state plan.--
23 (8) Notwithstanding any other provision of law to the
24 contrary, the department is authorized to provide operational
25 and maintenance assistance to publicly owned public-use
26 airports. Such assistance shall be to comply with enhanced
27 federal security requirements or to address related economic
28 impacts from the events of September 11, 2001. For projects in
29 the current adopted work program, or projects added using the
30 available budget of the department, airports may request the
31 department change the project purpose in accordance with this
50
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 provision notwithstanding the provisions of s. 339.135(7). For
2 purposes of this subsection, the department may fund up to 100
3 percent of eligible project costs that are not funded by the
4 Federal Government. Prior to releasing any funds under this
5 section, the department shall review and approve the
6 expenditure plans submitted by the airport. The department
7 shall inform the Legislature of any change that it approves
8 under this subsection. This subsection shall expire on June
9 30, 2012 2007.
10 Section 18. Paragraph (e) of subsection (2) of section
11 212.055, Florida Statutes, is amended, and subsection (8) is
12 added to that section, to read:
13 212.055 Discretionary sales surtaxes; legislative
14 intent; authorization and use of proceeds.--It is the
15 legislative intent that any authorization for imposition of a
16 discretionary sales surtax shall be published in the Florida
17 Statutes as a subsection of this section, irrespective of the
18 duration of the levy. Each enactment shall specify the types
19 of counties authorized to levy; the rate or rates which may be
20 imposed; the maximum length of time the surtax may be imposed,
21 if any; the procedure which must be followed to secure voter
22 approval, if required; the purpose for which the proceeds may
23 be expended; and such other requirements as the Legislature
24 may provide. Taxable transactions and administrative
25 procedures shall be as provided in s. 212.054.
26 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
27 (e) School districts, counties, and municipalities
28 receiving proceeds under the provisions of this subsection may
29 pledge such proceeds for the purpose of servicing new bond
30 indebtedness incurred pursuant to law. Local governments may
31 use the services of the Division of Bond Finance of the State
51
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 Board of Administration pursuant to the State Bond Act to
2 issue any bonds through the provisions of this subsection. In
3 no case may a jurisdiction issue bonds pursuant to this
4 subsection more frequently than once per year. Counties and
5 municipalities may join together for the issuance of bonds
6 authorized by this subsection.
7 (8) COUNTY TRANSPORTATION SYSTEM SURTAX.--
8 (a) The governing authority of a county that is not
9 authorized to levy a discretionary sales surtax pursuant to
10 subsection (1) may levy a discretionary sales surtax pursuant
11 to ordinance enacted by a majority of the members of the
12 county governing authority and subject to approval by a
13 majority vote of the electorate of the county.
14 (b) The rate shall be up to 1 percent.
15 (c) If the proposal to adopt a discretionary sales
16 surtax is to be adopted by a referendum as provided in this
17 subsection, such proposal shall be placed on the ballot in
18 accordance with law at a time to be set at the discretion of
19 the governing body of the county.
20 (d) Proceeds from the surtax shall be distributed to
21 the county and to each municipality within the county in which
22 the surtax is collected according to:
23 1. A separate interlocal agreement between the county
24 governing body and the governing body of any municipality
25 within the county; or
26 2. If there is no interlocal agreement between the
27 county governing body and the governing body of any
28 municipality within the county, an apportionment factor for
29 each eligible local government as specified in this
30 subparagraph.
31
52
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 a. The apportionment factor for an eligible county
2 shall be composed of two equally weighted portions as follows:
3 (I) Each eligible county's population in the
4 unincorporated areas of the county as a percentage of the
5 total county population as determined pursuant to s. 186.901.
6 (II) Each eligible county's percentage of centerline
7 miles derived from the combined total number of centerline
8 miles owned and maintained by the county and each municipality
9 within the county as annually reported in the City/County
10 Mileage Report promulgated by the Transportation Statistics
11 Office within the Department of Transportation.
12 b. The apportionment factor for an eligible
13 municipality shall be composed of two equally weighted
14 portions as follows:
15 (I) Each eligible municipality's population as a
16 percentage of the total county population as determined
17 pursuant to s. 186.901.
18 (II) Each eligible municipality's percentage of
19 centerline miles derived from the combined total number of
20 centerline miles owned and maintained by the county and each
21 municipality within the county as annually reported in the
22 City/County Mileage Report promulgated by the Transportation
23 Statistics Office within the Department of Transportation.
24 (e) Proceeds from the surtax shall be applied to as
25 many or as few of the uses enumerated below in whatever
26 combination the governing body of the municipality or the
27 county considers appropriate:
28 1. Deposited by the governing body of the municipality
29 or the county in the trust fund and used for the purposes of
30 development, construction, equipment, maintenance, operation,
31
53
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 supportive services, including a bus system, and related costs
2 of a fixed guideway rapid transit system;
3 2. Remitted by the governing body of the municipality
4 or the county to an expressway or transportation authority
5 created by law to be used, at the discretion of such
6 authority, for the development, construction, operation, or
7 maintenance of roads, bicycle and pedestrian facilities, or
8 bridges in the county or municipality, for the operation and
9 maintenance of a bus system, for the payment of principal and
10 interest on existing bonds issued for the construction of such
11 roads, bicycle or pedestrian facilities, or bridges, and, upon
12 approval by the governing body of the municipality or county,
13 pledged for bonds issued to refinance existing bonds or new
14 bonds issued for the construction of such roads or bridges;
15 3. Used by the governing body of the municipality or
16 county for the planning, development, construction, operation,
17 and maintenance of roads, bicycle and pedestrian facilities,
18 or bridges in the municipality or county; for the planning,
19 development, expansion, operation, and maintenance of bus and
20 fixed guideway systems; and for the payment of principal and
21 interest on bonds issued for the construction of fixed
22 guideway rapid transit systems, bus systems, roads, bicycle
23 and pedestrian facilities, or bridges; and, upon approval by
24 the governing body of the municipality or county, pledged by
25 the governing body of the municipality or county for bonds
26 issued to refinance existing bonds or new bonds issued for the
27 construction of such fixed guideway rapid transit systems, bus
28 systems, roads, bicycle and pedestrian facilities, or bridges;
29 4. Used by the county or municipality to fund
30 regionally significant transportation projects that are
31 identified in a regional transportation plan developed in
54
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 accordance with s. 339.155(5) or to provide matching funds for
2 the Transportation Regional Incentive Program in accordance
3 with s. 339.2819 or the New Starts Transit Program as provided
4 in s. 341.051; and
5 5. Used by the county or municipality to fund projects
6 identified in a capital improvements element of a
7 comprehensive plan that has been determined to be in
8 compliance with part II of chapter 163 or to implement a
9 long-term concurrency management system adopted by a local
10 government in accordance with s. 163.3177(3) or (9).
11 Section 19. Paragraph (c) of subsection (1) of section
12 336.025, Florida Statutes, is amended to read:
13 336.025 County transportation system; levy of local
14 option fuel tax on motor fuel and diesel fuel.--
15 (1)
16 (c) Local governments may use the services of the
17 Division of Bond Finance of the State Board of Administration
18 pursuant to the State Bond Act to issue any bonds through the
19 provisions of this section and may pledge the revenues from
20 local option fuel taxes to secure the payment of the bonds. In
21 no case may a jurisdiction issue bonds pursuant to this
22 section more frequently than once per year. Counties and
23 municipalities may join together for the issuance of bonds
24 issued pursuant to this section.
25 Section 20. Paragraph (j) of subsection (1) of section
26 339.08, Florida Statutes, is amended to read:
27 339.08 Use of moneys in State Transportation Trust
28 Fund.--
29 (1) The department shall expend moneys in the State
30 Transportation Trust Fund accruing to the department, in
31
55
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 accordance with its annual budget. The use of such moneys
2 shall be restricted to the following purposes:
3 (j) To pay the cost of county or municipal road
4 projects selected in accordance with the County Incentive
5 Grant Program created in s. 339.2817, and the Small County
6 Outreach Program created in s. 339.2818, and the Enhanced
7 Bridge Program created in s. 339.282.
8 Section 21. Section 339.282, Florida Statutes, is
9 created to read:
10 339.282 Enhanced Bridge Program for Sustainable
11 Transportation.--
12 (1) There is created within the Department of
13 Transportation the Enhanced Bridge Program for Sustainable
14 Transportation for the purpose of providing funds to improve
15 the sufficiency rating of local bridges and to improve
16 congested roads on the State Highway System or local corridors
17 on which high-cost bridges are located in order to improve a
18 corridor or provide an alternative corridor.
19 (2) Matching funds provided from the program may fund
20 up to 50 percent of project costs.
21 (3) The department shall allocate a minimum of 25
22 percent of funding available for the program for local bridge
23 projects to replace, rehabilitate, paint, or install scour
24 countermeasures to highway bridges located on public roads,
25 other than those on the State Highway System. A project to be
26 funded must, at a minimum:
27 (a) Be classified as a structurally deficient bridge
28 having a poor condition rating for the deck, superstructure,
29 substructure component, or culvert;
30 (b) Have a sufficiency rating of 35 or below; and
31
56
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (c) Have average daily traffic of at least 500
2 vehicles.
3 (4) Special consideration shall be given to bridges
4 that are closed to all traffic or that have a load restriction
5 of less than 10 tons.
6 (5) The department shall allocate remaining funding
7 available for the program to improve highly congested roads on
8 the State Highway System or local corridors on which high-cost
9 bridges are located in order to improve the corridor or
10 provide an alternative corridor. A project to be funded must,
11 at a minimum:
12 (a) Be on or provide direct relief to an existing
13 corridor that is backlogged or constrained; and
14 (b) Be a major bridge having an estimated cost greater
15 than $25 million.
16 (6) Preference shall be given to bridge projects
17 located on corridors that connect to the Strategic Intermodal
18 System, created under s. 339.64, and that have been identified
19 as regionally significant in accordance with s.
20 339.155(5)(c),(d), and (e).
21 Section 22. Section 339.284, Florida Statutes, is
22 created to read:
23 339.284 Transportation concurrency incentives.--The
24 Legislature finds that allowing private-sector entities to
25 finance, construct, and improve public transportation
26 facilities can provide significant benefits to the citizens of
27 this state by facilitating transportation of the general
28 public without the need for additional public tax revenues. In
29 order to encourage the more efficient and proactive provision
30 of transportation improvements by the private sector, if a
31 developer or property owner voluntarily contributes
57
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 right-of-way and physically constructs or expands a state
2 transportation facility or segment and such construction or
3 expansion improves traffic flow, capacity, or safety, the
4 voluntary contribution may be applied as a credit for that
5 property owner or developer against any future transportation
6 concurrency requirements pursuant to chapter 163, provided
7 such contributions and credits are set forth in a legally
8 binding agreement executed by the property owner or developer,
9 the local government within whose jurisdiction the facility is
10 located, and the department. If the developer or property
11 owner voluntarily contributes right-of-way and physically
12 constructs or expands a local government transportation
13 facility or segment and such construction or expansion meets
14 the requirements in this section and in a legally binding
15 agreement between the property owner or developer and the
16 applicable local government, the contribution to the local
17 government collector and arterial system may be applied as a
18 credit against any future transportation concurrency
19 requirements pursuant to chapter 163.
20 Section 23. Paragraph (b) of subsection (3) of section
21 316.650, Florida Statutes, is amended to read:
22 316.650 Traffic citations.--
23 (3)
24 (b) If a traffic citation is issued pursuant to s.
25 316.1001, a traffic enforcement officer may deposit the
26 original and one copy of such traffic citation or, in the case
27 of a traffic enforcement agency that has an automated citation
28 system, may provide an electronic facsimile with a court
29 having jurisdiction over the alleged offense or with its
30 traffic violations bureau within 45 days after the date of
31 issuance of the citation to the violator. If the person cited
58
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 for the violation of s. 316.1001 makes the election provided
2 by s. 318.14(12) and pays the fine imposed by the toll
3 authority plus the amount of the unpaid toll which is shown on
4 the traffic citation directly to the governmental entity that
5 issued the citation in accordance with s. 318.14(12), the
6 traffic citation will not be submitted to the court, the
7 disposition will be reported to the department by the
8 governmental entity that issued the citation, and no points
9 will be assessed against the person's driver's license.
10 Section 24. Subsection (12) of section 318.14, Florida
11 Statutes, is amended to read:
12 318.14 Noncriminal traffic infractions; exception;
13 procedures.--
14 (12) Any person cited for a violation of s. 316.1001
15 may, in lieu of making an election as set forth in subsection
16 (4) or s. 318.18(7), elect to pay a his or her fine of $25 or,
17 such other amount as imposed by the toll authority, plus the
18 amount of the unpaid toll which is shown on the traffic
19 citation directly to the governmental entity that issued the
20 citation, within 30 days after the date of issuance of the
21 citation. Any person cited for a violation of s. 316.1001 who
22 does not elect to pay the fine imposed by the toll authority
23 plus the amount of the unpaid toll which is shown on the
24 traffic citation directly to the governmental entity that
25 issued the citation as described in this subsection section
26 shall have an additional 45 days after the date of the
27 issuance of the citation in which to request a court hearing
28 or to pay the civil penalty and delinquent fee, if applicable,
29 as provided in s. 318.18(7), either by mail or in person, in
30 accordance with subsection (4).
31
59
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 Section 25. Subsection (7) of section 318.18, Florida
2 Statutes, is amended to read:
3 318.18 Amount of civil penalties.--The penalties
4 required for a noncriminal disposition pursuant to s. 318.14
5 are as follows:
6 (7) A mandatory fine of $100 One hundred dollars for
7 each a violation of s. 316.1001 plus the amount of the unpaid
8 toll shown on the traffic citation for each citation issued.
9 The clerk of the court shall forward $25 of the $100 fine
10 received plus the amount of the unpaid toll which is shown on
11 the citation to the governmental entity that issued the
12 citation. If adjudication is withheld or there is a plea
13 arrangement prior to a hearing, there shall be a minimum
14 mandatory fine assessed per citation of $100 plus the amount
15 of the unpaid toll for each citation issued. The clerk of the
16 court shall forward $25 of the $100 plus the amount of the
17 unpaid toll as shown on the citation to the governmental
18 entity that issued the citation. The court shall have specific
19 authority to consolidate issued citations for the same
20 defendant for the purpose of sentencing and aggregate
21 jurisdiction. In addition, the department shall suspend for 60
22 days the driver's license of a person who is convicted of 10
23 violations of s. 316.1001 within a 36-month period. However, a
24 person may elect to pay $30 to the clerk of the court, in
25 which case adjudication is withheld, and no points are
26 assessed under s. 322.27. Upon receipt of the fine, the clerk
27 of the court must retain $5 for administrative purposes and
28 must forward the $25 to the governmental entity that issued
29 the citation. Any funds received by a governmental entity for
30 this violation may be used for any lawful purpose related to
31 the operation or maintenance of a toll facility.
60
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 Section 26. Subsection (6) is added to section
2 348.754, Florida Statutes, to read:
3 348.754 Purposes and powers.--
4 (6)(a) Notwithstanding s. 255.05, the Orlando-Orange
5 County Expressway Authority may waive payment and performance
6 bonds on construction contracts for the construction of a
7 public building, for the prosecution and completion of a
8 public work, or for repairs on a public building or public
9 work that has a cost of $500,000 or less and when the project
10 is awarded pursuant to an economic development program for the
11 encouragement of local small businesses which has been adopted
12 by the governing body of the Orlando-Orange County Expressway
13 Authority pursuant to a resolution or policy.
14 (b) The authority's adopted criteria for participation
15 in the economic development program for local small businesses
16 requires that a participant:
17 1. Be an independent business.
18 2. Be principally domiciled in the Orange County
19 Standard Metropolitan Statistical Area.
20 3. Employ 25 or fewer full-time employees.
21 4. Have gross annual sales averaging $3 million or
22 less over the immediately preceding 3 calendar years with
23 regard to any construction element of the program.
24 5. Be accepted as a participant in the Orlando-Orange
25 County Expressway Authority's microcontracts program or such
26 other small business program as may be hereinafter enacted by
27 the Orlando-Orange County Expressway Authority.
28 6. Participate in an educational curriculum or
29 technical assistance program for business development which
30 will assist the small business in becoming eligible for
31 bonding.
61
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 (c) The authority's adopted procedures for waiving
2 payment and performance bonds on projects having values not
3 less than $200,000 and not exceeding $500,000 shall provide
4 that payment and performance bonds may be waived only on
5 projects that have been set aside to be competitively bid on
6 by participants in an economic development program for local
7 small businesses. The authority's executive director or his or
8 her designee shall determine whether specific construction
9 projects are suitable for:
10 1. Bidding under the authority's microcontracts
11 program by registered local small businesses; and
12 2. Waiver of the payment and performance bond.
13
14 The decision of the authority's executive director or deputy
15 executive director to waive the payment and performance bond
16 shall be based upon his or her investigation and conclusion
17 that there exists sufficient competition so that the authority
18 receives a fair price and does not undertake any unusual risk
19 with respect to such project.
20 (d) For any contract for which a payment and
21 performance bond has been waived pursuant to the authority set
22 forth in this section, the Orlando-Orange County Expressway
23 Authority shall pay all persons defined in s. 713.01 who
24 furnish labor, services, or materials for the prosecution of
25 the work provided for in the contract to the same extent and
26 upon the same conditions that a surety on the payment bond
27 under s. 255.05 would have been obligated to pay such persons
28 if the payment and performance bond had not been waived. The
29 authority shall record notice of this obligation in the manner
30 in which and at the location where surety bonds are recorded.
31 The notice must include the information describing the
62
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 contract that s. 255.05(1) requires be stated on the front
2 page of the bond. Notwithstanding that s. 255.05(9) generally
3 applies when a performance and payment bond is required, s.
4 255.05(9) shall apply under this subsection to any contract
5 for which performance or payment bonds are waived, and any
6 claim to payment under this subsection shall be treated as a
7 contract claim pursuant to s. 255.05(9).
8 (e) A small business that has been the successful
9 bidder on six projects for which the payment and performance
10 bond was waived by the authority pursuant to paragraph (a)
11 shall be ineligible to bid on additional projects for which
12 the payment and performance bond is to be waived. The local
13 small business may continue to participate in other elements
14 of the economic development program for local small businesses
15 as long as it is eligible to do so.
16 (f) The authority shall conduct bond-eligibility
17 training for businesses qualifying for bond waiver under this
18 subsection to encourage and promote bond eligibility for such
19 businesses.
20 (g) The authority shall prepare a biennial report on
21 the activities undertaken pursuant to this subsection to be
22 submitted to the Orange County legislative delegation. The
23 initial report shall be due December 31, 2008.
24 Section 27. Subsection (9) of section 348.0004,
25 Florida Statutes, is amended to read:
26 348.0004 Purposes and powers.--
27 (9) The Legislature declares that there is a public
28 need for rapid construction of safe and efficient
29 transportation facilities for travel within the state and that
30 it is in the public's interest to provide for public-private
31 partnership agreements to effectuate the construction of
63
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 additional safe, convenient, and economical transportation
2 facilities.
3 (a) Notwithstanding any other provision of the Florida
4 Expressway Authority Act, any expressway authority,
5 transportation authority, bridge authority, or toll authority
6 established under this part or any other statute may receive
7 or solicit proposals and enter into agreements with private
8 entities, or consortia thereof, for the building, operation,
9 ownership, or financing of expressway authority transportation
10 facilities or new transportation facilities within the
11 jurisdiction of the expressway authority. An expressway
12 authority is authorized to adopt rules to implement this
13 subsection and shall, by rule, establish an application fee
14 for the submission of unsolicited proposals under this
15 subsection. The fee must be sufficient to pay the costs of
16 evaluating the proposals. An expressway authority may engage
17 private consultants to assist in the evaluation. Before
18 approval, an expressway authority must determine that a
19 proposed project:
20 1. Is in the public's best interest.
21 2. Would not require state funds to be used unless the
22 project is on or provides increased mobility on the State
23 Highway System.
24 3. Would have adequate safeguards to ensure that no
25 additional costs or service disruptions would be realized by
26 the traveling public and residents citizens of the state in
27 the event of default or the cancellation of the agreement by
28 the expressway authority.
29 (b) An expressway authority shall ensure that all
30 reasonable costs to the state which are, related to
31 transportation facilities that are not part of the State
64
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 Highway System, are borne by the private entity. An expressway
2 authority shall also ensure that all reasonable costs to the
3 state and substantially affected local governments and
4 utilities related to the private transportation facility are
5 borne by the private entity for transportation facilities that
6 are owned by private entities. For projects on the State
7 Highway System, the department may use state resources to
8 participate in funding and financing the project as provided
9 for under the department's enabling legislation.
10 (c) The expressway authority may request proposals for
11 public-private transportation projects or, if it receives an
12 unsolicited proposal, it must publish a notice in the Florida
13 Administrative Weekly and a newspaper of general circulation
14 in the county in which it is located at least once a week for
15 2 weeks, stating that it has received the proposal and will
16 accept, for 60 days after the initial date of publication,
17 other proposals for the same project purpose. A copy of the
18 notice must be mailed to each local government in the affected
19 areas. After the public notification period has expired, the
20 expressway authority shall rank the proposals in order of
21 preference. In ranking the proposals, the expressway authority
22 shall consider professional qualifications, general business
23 terms, innovative engineering or cost-reduction terms, finance
24 plans, and the need for state funds to deliver the proposal.
25 If the expressway authority is not satisfied with the results
26 of the negotiations, it may, at its sole discretion, terminate
27 negotiations with the proposer. If these negotiations are
28 unsuccessful, the expressway authority may go to the second
29 and lower-ranked firms, in order, using the same procedure. If
30 only one proposal is received, the expressway authority may
31 negotiate in good faith, and if it is not satisfied with the
65
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 results, it may, at its sole discretion, terminate
2 negotiations with the proposer. Notwithstanding this
3 paragraph, the expressway authority may, at its discretion,
4 reject all proposals at any point in the process up to
5 completion of a contract with the proposer.
6 (d) The department may lend funds from the Toll
7 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
8 public-private partnerships. To be eligible a private entity
9 must comply with s. 338.251 and must provide an indication
10 from a nationally recognized rating agency that the senior
11 bonds for the project will be investment grade or must provide
12 credit support, such as a letter of credit or other means
13 acceptable to the department, to ensure that the loans will be
14 fully repaid.
15 (e) Agreements entered into pursuant to this
16 subsection may authorize the public-private entity to impose
17 tolls or fares for the use of the facility. However, the
18 amount and use of toll or fare revenues shall be regulated by
19 the expressway authority to avoid unreasonable costs to users
20 of the facility.
21 (f) Each public-private transportation facility
22 constructed pursuant to this subsection shall comply with all
23 requirements of federal, state, and local laws; state,
24 regional, and local comprehensive plans; the expressway
25 authority's rules, policies, procedures, and standards for
26 transportation facilities; and any other conditions that the
27 expressway authority determines to be in the public's best
28 interest.
29 (g) An expressway authority may exercise any power
30 possessed by it, including eminent domain, to facilitate the
31 development and construction of transportation projects
66
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 pursuant to this subsection. An expressway authority may pay
2 all or part of the cost of operating and maintaining the
3 facility or may provide services to the private entity for
4 which it receives full or partial reimbursement for services
5 rendered.
6 (h) Except as herein provided, this subsection is not
7 intended to amend existing laws by granting additional powers
8 to or further restricting the governmental entities from
9 regulating and entering into cooperative arrangements with the
10 private sector for the planning, construction, and operation
11 of transportation facilities. Use of the powers granted in
12 this subsection may not subject a statutorily created
13 expressway authority, transportation authority, bridge
14 authority, or toll authority, other than one statutorily
15 created under this part, to any of the requirements of this
16 part other than those contained in this subsection.
17 Section 28. Section 348.0012, Florida Statutes, is
18 amended to read:
19 348.0012 Exemptions from applicability.--The Florida
20 Expressway Authority Act does not apply:
21 (1) In a county in which an expressway authority has
22 been created pursuant to other parts II-IX of this chapter,
23 except as expressly provided in this part; or
24 (2) To a transportation authority created pursuant to
25 chapter 349.
26 Section 29. The Legislative Committee on
27 Intergovernmental Relations shall study methods to incentivize
28 and reward local governments that demonstrate maximum local
29 effort in funding local transportation needs to the benefit of
30 the state transportation system through the use of
31 local-option revenue sources. The Department of Revenue, the
67
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1766 First Engrossed
1 Department of Transportation, and other state agencies shall
2 provide data and support as requested by the committee for the
3 purpose of the study. All local governments are encouraged to
4 assist and cooperate with the committee as necessary. The
5 committee shall submit a report summarizing its research
6 findings and proposed policy options to the Governor, the
7 President of the Senate, and the Speaker of the House of
8 Representatives by December 1, 2006.
9 Section 30. This act shall take effect July 1, 2006.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
68
CODING: Words stricken are deletions; words underlined are additions.