HB 7077

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to transportation; amending s. 20.23,
8	F.S.; providing that the salary and benefits of the
9	executive director of the Florida Transportation
10	Commission shall be set in accordance with the Senior
11	Management Service; amending s. 112.061, F.S.; authorizing
12	metropolitan planning organizations and certain separate
13	entities to establish per diem and travel reimbursement
14	rates; providing criteria for the rates; amending s.
15	121.021, F.S.; revising the definition of "local agency
16	employer" to include metropolitan planning organizations
17	and certain separate entities for purposes of the Florida
18	Retirement System Act; revising the definition of
19	"regularly established position" to include positions in
20	metropolitan planning organizations; amending s. 121.051,
21	F.S.; providing for metropolitan planning organizations to
22	participate in the Florida Retirement System; amending s.
23	121.055, F.S.; requiring certain metropolitan planning
24	organization and similar entity staff positions to be in
25	the Senior Management Service Class of the Florida
26	Retirement System; amending s. 121.061, F.S.; providing
27	for enforcement of certain employer funding contributions
28	required under the Florida Retirement System; authorizing
29	deductions of amounts owed from certain funds distributed
30	to a metropolitan planning organization; authorizing the
31	governing body of a metropolitan planning organization to
32	file and maintain an action in court to require an
33	employer to remit retirement or social security member
34	contributions or employer matching payments; amending s.
35	121.081, F.S.; providing for metropolitan planning
36	organization officers and staff to claim past service for
37	retirement benefits; amending s. 212.055, F.S.; renaming
38	the Charter County Transit System Surtax as the "Charter
39	County Transportation System Surtax"; providing for
40	approval by initiative petition; revising provisions for
41	uses of the proceeds; deleting a once-a-year limitation on
42	use of funds from the local government infrastructure
43	surtax for issuance of bonds; providing for a county
44	transportation system surtax; providing for certain
45	counties to levy a discretionary sales surtax upon
46	approval by the governing body and the electorate of the
47	county; providing for distribution to the county and
48	municipalities by interlocal agreement or a certain
49	apportionment formula; providing for authorized uses of
50	the surtax; amending s. 212.0606, F.S.; providing for the
51	imposition by countywide referendum of an additional
52	surcharge on the lease or rental of a motor vehicle;
53	providing procedures and requirements for imposing the
54	surcharge; providing for time of effect of the surcharge;
55	providing for a distribution and use of funds collected
56	from the surcharge; providing procedures for collection;
57	providing for exceptions; amending s. 215.615, F.S.;
58	revising Department of Transportation's requirement to
59	share certain costs of fixed-guideway system projects;
60	revising criteria for an interlocal agreement to establish
61	bond financing for fixed-guideway system projects;
62	amending s. 311.22, F.S.; revising provisions for the
63	Florida Seaport Transportation and Economic Development
64	Council program to fund certain dredging projects;
65	requiring a match of funds for certain channel or turning
66	basin projects; amending s. 316.605, F.S.; providing
67	height and placement requirements for vehicle license
68	plates; prohibiting display that obscures identification
69	of the letters and numbers on a license plate; providing
70	penalties; amending s. 316.650, F.S.; revising procedures
71	for disposition of citations issued for failure to pay
72	toll; providing that the citation will not be submitted to
73	the court and no points will be assessed on the driver's
74	license if the person cited elects to make payment
75	directly to the governmental entity that issued the
76	citation; providing for reporting of the citation by the
77	governmental entity to the Department of Highway Safety
78	and Motor Vehicles; amending s. 318.14, F.S.; providing
79	for the amount required to be paid under certain
80	procedures for disposition of a citation issued for
81	failure to pay toll; providing for the person cited to
82	request a court hearing; amending s. 318.18, F.S.;
83	revising penalties for failure to pay a prescribed toll;
84	providing for disposition of amounts received by the clerk
85	of court; removing procedures for withholding of
86	adjudication; providing for suspension of a driver's
87	license under certain circumstances; amending s. 320.061,
88	F.S.; prohibiting interfering with the legibility, angular
89	visibility, or detectability of any feature or detail on a
90	license plate or interfering with the ability to
91	photograph or otherwise record any feature or detail on a
92	license plate; prohibiting advertising, sale,
93	distribution, purchase, or use of any product made for
94	such purpose; providing penalties; providing for a law
95	enforcement officer to issue a citation and confiscate a
96	cover or other device obstructing the visibility or
97	electronic image recording of a plate or to confiscate a
98	license plate physically treated with a substance or
99	material that is obstructing the visibility or electronic
100	image recording of the plate; requiring the Department of
101	Highway Safety and Motor Vehicles to revoke the
102	registration of a plate so altered; providing for the
103	Attorney General to file suit against any entity offering
104	or marketing a product advertised as having the capacity
105	to obstruct the visibility or electronic image recording
106	of a license plate; amending s. 320.20, F.S.; revising
107	provisions for distribution of revenue derived from
108	registration of motor vehicles; revising provisions for
109	distribution for purposes of funding certain seaport
110	projects; revising procedures for distribution of the
111	funds; providing for approval of certain projects by the
112	Department of Transportation; removing certain
113	restrictions on the issuance of bonds to refinance certain
114	existing port bond issues; requiring refunding bonds to be
115	issued by the Division of Bond Finance at the request of
116	the department; specifying projects and criteria for
117	funding; authorizing use of funds for certain financing
118	purposes; amending s. 332.007, F.S.; authorizing the
119	Department of Transportation to provide funds for certain
120	general aviation projects under certain circumstances;
121	extending timeframe that the department is authorized to
122	provide operational and maintenance assistance to certain
123	airports and may redirect the use of certain funds to
124	security-related or economic-impact projects related to
125	the events of September 11, 2001; renumbering and amending
126	s. 336.044, F.S., relating to Department of Transportation
127	use of recovered materials in construction programs;
128	adding gypsum to the list of materials authorized for use
129	in certain demonstration projects; amending s. 335.066,
130	F.S.; renaming the Safe Paths to Schools Program as the
131	"Safe Routes to Schools Program"; revising requirements of
132	the program; authorizing a clearinghouse to disseminate
133	information and grants; providing for use of certain
134	federal funds; amending ss. 335.067, 1013.33, and
135	1013.351, F.S.; conforming terminology; amending s.
136	336.025, F.S.; deleting a prohibition against local
137	governments issuing certain bonds secured by revenues from
138	local option fuel taxes more than once a year; creating s.
139	336.68, F.S; providing criteria and procedures for the
140	owner of property within a described road and bridge
141	district to sever inclusion within the district; amending
142	s. 337.11, F.S.; providing that certain construction
143	projects be advertised for bids in local newspapers;
144	amending s. 337.14, F.S.; authorizing the department to
145	waive specified prequalification requirements for certain
146	transportation projects under certain conditions; amending
147	s. 337.18, F.S.; revising surety bond requirements for
148	construction or maintenance contracts; providing for
149	incremental annual surety bonds for multiyear maintenance
150	contracts under certain conditions; revising the threshold
151	for transportation projects eligible for a waiver of
152	surety bond requirements; authorizing the department to
153	provide for phased surety bond coverage or an alternate
154	means of security for a portion of the contract amount in
155	lieu of the surety bond; amending s. 338.161, F.S.;
156	providing for the Department of Transportation and certain
157	toll agencies to enter into agreements with public or
158	private entities for additional uses of electronic toll
159	collection products and services; authorizing feasibility
160	studies by the department or a toll agency of additional
161	uses of electronic toll devices for legislative
162	consideration; amending s. 338.2216, F.S.; changing the
163	carryforward date on certain undisbursed Florida Turnpike
164	Enterprise funds; revising the maximum amount that may be
165	carried forward; amending s. 338.2275, F.S.; raising the
166	limit on outstanding bonds to fund turnpike projects;
167	amending s. 339.175, F.S.; specifying that a metropolitan
168	planning organization is a separate legal entity
169	independent of entities represented on the M.P.O. and
170	signatories to the agreement creating the M.P.O.;
171	providing for selection of certain officers; revising
172	provisions for voting membership; specifying certain
173	constitutional officers are not elected officials of a
174	general-purpose local government for voting membership
175	purposes; revising provisions for a process for appointing
176	alternate members; revising provisions for nonvoting
177	advisers; revising provisions for employment of staff by
178	an M.P.O.; providing for training of certain persons who
179	serve on an M.P.O. for certain purposes; revising voting
180	requirements for approval of certain plans, programs, and
181	amendments; amending s. 339.2819, F.S.; revising
182	limitations on matching funds from the Transportation
183	Regional Incentive Program; deleting a provision that
184	provides for matching funds based on the nonfederal share
185	of certain transportation facility project costs; creating
186	s. 339.282, F.S.; providing certain incentives for certain
187	private-sector contributions to improve transportation
188	facilities; providing for the contribution to be applied
189	as a credit against transportation concurrency
190	requirements; providing procedures and criteria; amending
191	s. 335.55, F.S.; providing for use of State Infrastructure
192	Bank loans for certain damaged transportation facilities
193	in areas officially declared to be in a state of
194	emergency; providing criteria; amending s. 343.54, F.S.;
195	revising language relating to powers and duties of the
196	South Florida Regional Transportation Authority; deleting
197	the term "commuter rail"; amending s. 343.55, F.S.;
198	providing pledge to bondholders that the state will not
199	alter certain rights vested in the authority that affect
200	the rights of bondholders while bonds are outstanding;
201	amending s. 343.58, F.S.; revising provisions for funding
202	of the authority; requiring counties served by the
203	authority to annually transfer certain funds before a
204	certain date; removing provisions for sources of that
205	funding; removing authorization for a vehicle registration
206	tax; providing for a certain funding source for capital,
207	operating, and maintenance expenses; revising county
208	funding amounts to fund operations; providing for
209	cessation of specified county funding contributions and
210	providing for certain refunding of the contributions under
211	certain circumstances; revising timeframe for repeal of
212	specified funding provisions under certain circumstances;
213	amending s. 343.71, F.S.; revising the short title of the
214	part; amending s. 343.72, F.S.; revising and adding
215	definitions; amending s. 343.73, F.S.; changing the name
216	of the Tampa Bay Commuter Transit Authority to the "Tampa
217	Bay Regional Transportation Authority"; revising
218	membership provisions; adding Citrus County to the
219	authority's jurisdictional boundary; providing for
220	employees and advisory committees; renumbering and
221	amending s. 343.74, F.S.; specifying purposes of the
222	authority; revising rights, powers and duties; authorizing
223	the authority to construct, operate, and maintain
224	transportation facilities; authorizing the authority to
225	collect tolls on its transportation facilities; requiring
226	the authority to develop and adopt a regional
227	transportation master plan; providing for content,
228	updates, and use of the plan; authorizing the authority to
229	request funding and technical assistance; revising
230	provisions for certain charges collected by the authority;
231	authorizing the authority to borrow money, enter into
232	partnerships and other agreements, enter into and make
233	lease-purchase agreements, and make contracts for certain
234	purposes; removing a requirement to adopt a certain plan;
235	specifying that the authority does not have power to
236	pledge the credit or taxing power of the state;
237	renumbering and amending s. 343.75, F.S.; providing
238	legislative approval of bond financing by the authority
239	for its projects; providing for issuance of the bonds by
240	the authority or the Division of Bond Finance; providing
241	for contract with bondholders; authorizing the authority
242	to employ fiscal agents; authorizing the State Board of
243	Administration to act as fiscal agent; renumbering and
244	amending s. 343.76, F.S.; revising provisions that specify
245	that the authority's bonds are not debts of the State;
246	renumbering and amending s. 343.77, F.S.; revising the
247	state's covenant with bondholders; creating s. 343.747,
248	F.S.; providing certain rights and remedies for
249	bondholders; creating s. 343.749, F.S.; providing for
250	enforcement by bondholders of pledges to the authority
251	from the department; creating s. 343.751, F.S.; providing
252	for lease-purchase agreements between the authority and
253	the department; creating s. 343.753, F.S.; providing for
254	the department to act as an agent for the authority for
255	the purposes of constructing and completing the
256	authority's projects; creating s. 343.761, F.S.; providing
257	for the authority to purchase property and property
258	rights; creating s. 343.771, F.S.; providing for the
259	authority to enter into cooperative agreements with other
260	entities and persons; creating s. 343.773, F.S; providing
261	for the authority to enter into certain public-private
262	agreements under certain conditions; providing procedures
263	for proposals for public-private transportation projects;
264	providing criteria for the constructed facilities;
265	authorizing the authority to use certain powers to
266	facilitate project development and construction; providing
267	intent relating to governmental entities; authorizing the
268	authority to adopt certain rules and establish an
269	application fee fees; creating s. 343.781, F.S.; exempting
270	the authority from certain taxation; creating s. 348.783,
271	F.S.; specifying that bonds or other obligations issued by
272	the authority are legal investments constituting
273	securities for certain purposes; creating s. 343.791,
274	F.S.; providing for application and effect of specified
275	provisions; amending s. 343.81, F.S.; prohibiting elected
276	officials from serving on the Northwest Florida
277	Transportation Corridor Authority; providing for
278	application of the prohibition to apply to persons
279	appointed to serve on the authority after a certain date;
280	amending s. 343.82, F.S.; directing the authority to plan
281	for and study the feasibility of constructing, operating,
282	and maintaining a bridge or bridges, and appurtenant
283	structures, spanning Choctawhatchee Bay or Santa Rosa
284	Sound; authorizing the authority to construct, operate,
285	and maintain said bridges and structures; amending s.
286	348.0003, F.S.; revising the membership of expressway
287	authority governing boards in certain counties;
288	prohibiting certain expressway authorities from
289	contracting for lobbyist services; amending s. 348.0004,
290	F.S.; providing for public notice of a proposed toll
291	increase by certain expressway authorities; authorizing a
292	transportation authority, bridge authority, or toll
293	authority to receive or solicit proposals and enter into
294	agreements with private entities for certain
295	transportation facility purposes; providing for
296	application of specified provisions to use of certain
297	additional powers by certain authorities; amending s.
298	348.0012, F.S.; revising provisions for certain exemptions
299	from the Florida Expressway Authority Act; amending s.
300	348.754, F.S.; authorizing the Orlando-Orange County
301	Expressway Authority to waive payment and performance
302	bonds on certain construction contracts if the contract is
303	awarded pursuant to an economic development program for
304	the encouragement of local small businesses; providing
305	criteria for participation in the program; providing
306	criteria for the bond waiver; providing for certain
307	determinations by the authority's executive director or a
308	designee as to the suitability of a project; providing for
309	certain payment obligations if a payment and performance
310	bond is waived; requiring the authority to record notice
311	of the obligation; limiting eligibility to bid on the
312	projects; providing for the authority to conduct bond
313	eligibility training for certain businesses; requiring the
314	authority to submit biennial reports to the Orange County
315	legislative delegation; redesignating part X of chapter
316	348, F.S.; creating part X of chapter 348, F.S.; creating
317	the "Osceola County Expressway Authority Law"; providing
318	definitions; creating the authority as an agency of the
319	state; providing for membership, terms, organization,
320	personnel, and administration; providing purposes and
321	powers for construction, expansion, maintenance,
322	improvement, and operation of the Osceola County
323	Expressway System; providing for the authority to acquire
324	property, enter into and make lease-purchase agreements
325	with the department, establish and collect certain
326	charges, borrow money and accept grants, issue bonds and
327	provide for bondholder security; providing for use of
328	certain funds to pay obligations; providing for repayment
329	of certain funds used by the authority; requiring consent
330	of local and county governments for certain actions by the
331	authority; providing for application of specified
332	provisions to certain department projects within the
333	geographical boundaries of the authority; providing for
334	bond financing by the authority; providing for issuance of
335	bonds; authorizing the authority to employ fiscal agents;
336	authorizing the State Board of Administration to act as
337	fiscal agent for the authority; providing for lease of the
338	system to the Department of Transportation under a lease-
339	purchase agreement; providing for the authority to appoint
340	the department as its agent for certain construction
341	purposes; authorizing the authority to acquire property;
342	limiting liability of the authority for contamination
343	existing on an acquired property; providing for remedial
344	acts necessary due to such contamination; authorizing
345	agreements between the authority and other entities;
346	providing a pledge of the state to bondholders; exempting
347	the authority from taxation; specifying that bonds or
348	other obligations issued by the authority are legal
349	investments constituting securities for certain purposes;
350	providing for enforcement by bondholders of pledges to the
351	authority from the department; providing for application
352	and construction of the part; directing the Florida
353	Transportation Commission to conduct a study of certain
354	metropolitan planning organization activities and to
355	submit a report based on its study to the Governor and the
356	Legislature; amending s. 810.011, F.S.; providing that
357	certain property that is owned or leased by a railroad or
358	railway company is not required to meet specified posting
359	provisions in order for specified trespass provisions to
360	apply; reenacting s. 810.09(1)(a), F.S., relating to
361	trespass on property other than structure or conveyance;
362	amending ch. 89-383, Laws of Florida; providing for
363	certain alterations to and along Red Road in Miami-Dade
364	County for transportation safety purposes; designating
365	Brickell Avenue in the City of Miami; directing the city
366	to make related address changes and erect appropriate
367	markers; providing an effective date.
368
369	Be It Enacted by the Legislature of the State of Florida:
370
371	Section 1.  Paragraph (h) of subsection (2) of section
372	20.23, Florida Statutes, is amended to read:
373	20.23  Department of Transportation.--There is created a
374	Department of Transportation which shall be a decentralized
375	agency.
376	(2)
377	(h)  The commission shall appoint an executive director and
378	assistant executive director, who shall serve under the
379	direction, supervision, and control of the commission. The
380	executive director, with the consent of the commission, shall
381	employ such staff as are necessary to perform adequately the
382	functions of the commission, within budgetary limitations. All
383	employees of the commission are exempt from part II of chapter
384	110 and shall serve at the pleasure of the commission. The
385	salaries and benefits of all employees of the commission, except
386	for the executive director, shall be set in accordance with the
387	Selected Exempt Service; provided, however, that the salary and
388	benefits of the executive director shall be set in accordance
389	with the Senior Management Service. The commission shall have
390	complete authority for fixing the salary of the executive
391	director and assistant executive director.
392	Section 2.  Subsection (14) of section 112.061, Florida
393	Statutes, is amended to read:
394	112.061  Per diem and travel expenses of public officers,
395	employees, and authorized persons.--
396	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
397	SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
398	(a)  Rates that exceed the maximum travel reimbursement
399	rates for nonstate travelers specified in paragraph (6)(a) for
400	per diem, in paragraph (6)(b) for subsistence, and in
401	subparagraph (7)(d)1. for mileage may be established by:
402	1.  The governing body of a county by the enactment of an
403	ordinance or resolution;
404	2.  A county constitutional officer, pursuant to s. 1(d),
405	Art. VIII of the State Constitution, by the establishment of
406	written policy;
407	3.  The governing body of a district school board by the
408	adoption of rules; or
409	4.  The governing body of a special district, as defined in
410	s. 189.403(1), except those special districts that are subject
411	to s. 166.021(10), by the enactment of a resolution; or
412	5.  Any metropolitan planning organization created pursuant
413	to s. 339.175, or any separate legal or administrative entity
414	created pursuant to s. 339.175 of which a metropolitan planning
415	organization is a member, by enactment of a resolution.
416	(b)  Rates established pursuant to paragraph (a) must apply
417	uniformly to all travel by the county, county constitutional
418	officer and entity governed by that officer, district school
419	board, or special district, or metropolitan planning
420	organization.
421	(c)  Except as otherwise provided in this subsection,
422	counties, county constitutional officers and entities governed
423	by those officers, district school boards, and special
424	districts, other than those subject to s. 166.021(10), remain
425	subject to the requirements of this section.
426	Section 3.  Paragraph (a) of subsection (42) and paragraph
427	(b) of subsection (52) of section 121.021, Florida Statutes, are
428	amended to read:
429	121.021  Definitions.--The following words and phrases as
430	used in this chapter have the respective meanings set forth
431	unless a different meaning is plainly required by the context:
432	(42)(a)  "Local agency employer" means the board of county
433	commissioners or other legislative governing body of a county,
434	however styled, including that of a consolidated or metropolitan
435	government; a clerk of the circuit court, sheriff, property
436	appraiser, tax collector, or supervisor of elections, provided
437	such officer is elected or has been appointed to fill a vacancy
438	in an elective office; a community college board of trustees or
439	district school board; or the governing body of any city,
440	metropolitan planning organization created pursuant to s.
441	339.175, or any separate legal or administrative entity created
442	pursuant to s. 339.175, or special district of the state which
443	participates in the system for the benefit of certain of its
444	employees.
445	(52)  "Regularly established position" is defined as
446	follows:
447	(b)  In a local agency (district school board, county
448	agency, community college, city, metropolitan planning
449	organization, or special district), the term means a regularly
450	established position which will be in existence for a period
451	beyond 6 consecutive months, except as provided by rule.
452	Section 4.  Paragraph (b) of subsection (2) of section
453	121.051, Florida Statutes, is amended to read:
454	121.051  Participation in the system.--
455	(2)  OPTIONAL PARTICIPATION.--
456	(b)1.  The governing body of any municipality, metropolitan
457	planning organization, or special district in the state may
458	elect to participate in the system upon proper application to
459	the administrator and may cover all or any of its units as
460	approved by the Secretary of Health and Human Services and the
461	administrator. The department shall adopt rules establishing
462	provisions for the submission of documents necessary for such
463	application. Prior to being approved for participation in the
464	Florida Retirement System, the governing body of any such
465	municipality, metropolitan planning organization, or special
466	district that has a local retirement system shall submit to the
467	administrator a certified financial statement showing the
468	condition of the local retirement system as of a date within 3
469	months prior to the proposed effective date of membership in the
470	Florida Retirement System. The statement must be certified by a
471	recognized accounting firm that is independent of the local
472	retirement system. All required documents necessary for
473	extending Florida Retirement System coverage must be received by
474	the department for consideration at least 15 days prior to the
475	proposed effective date of coverage. If the municipality,
476	metropolitan planning organization, or special district does not
477	comply with this requirement, the department may require that
478	the effective date of coverage be changed.
479	2.  Any city, metropolitan planning organization, or
480	special district that has an existing retirement system covering
481	the employees in the units that are to be brought under the
482	Florida Retirement System may participate only after holding a
483	referendum in which all employees in the affected units have the
484	right to participate. Only those employees electing coverage
485	under the Florida Retirement System by affirmative vote in said
486	referendum shall be eligible for coverage under this chapter,
487	and those not participating or electing not to be covered by the
488	Florida Retirement System shall remain in their present systems
489	and shall not be eligible for coverage under this chapter. After
490	the referendum is held, all future employees shall be compulsory
491	members of the Florida Retirement System.
492	3.  The governing body of any city, metropolitan planning
493	organization, or special district complying with subparagraph 1.
494	may elect to provide, or not provide, benefits based on past
495	service of officers and employees as described in s. 121.081(1).
496	However, if such employer elects to provide past service
497	benefits, such benefits must be provided for all officers and
498	employees of its covered group.
499	4.  Once this election is made and approved it may not be
500	revoked, except pursuant to subparagraphs 5. and 6., and all
501	present officers and employees electing coverage under this
502	chapter and all future officers and employees shall be
503	compulsory members of the Florida Retirement System.
504	5.  Subject to the conditions set forth in subparagraph 6.,
505	the governing body of any hospital licensed under chapter 395
506	which is governed by the board of a special district as defined
507	in s. 189.403(1) or by the board of trustees of a public health
508	trust created under s. 154.07, hereinafter referred to as
509	"hospital district," and which participates in the system, may
510	elect to cease participation in the system with regard to future
511	employees in accordance with the following procedure:
512	a.  No more than 30 days and at least 7 days before
513	adopting a resolution to partially withdraw from the Florida
514	Retirement System and establish an alternative retirement plan
515	for future employees, a public hearing must be held on the
516	proposed withdrawal and proposed alternative plan.
517	b.  From 7 to 15 days before such hearing, notice of intent
518	to withdraw, specifying the time and place of the hearing, must
519	be provided in writing to employees of the hospital district
520	proposing partial withdrawal and must be published in a
521	newspaper of general circulation in the area affected, as
522	provided by ss. 50.011-50.031. Proof of publication of such
523	notice shall be submitted to the Department of Management
524	Services.
525	c.  The governing body of any hospital district seeking to
526	partially withdraw from the system must, before such hearing,
527	have an actuarial report prepared and certified by an enrolled
528	actuary, as defined in s. 112.625(3), illustrating the cost to
529	the hospital district of providing, through the retirement plan
530	that the hospital district is to adopt, benefits for new
531	employees comparable to those provided under the Florida
532	Retirement System.
533	d.  Upon meeting all applicable requirements of this
534	subparagraph, and subject to the conditions set forth in
535	subparagraph 6., partial withdrawal from the system and adoption
536	of the alternative retirement plan may be accomplished by
537	resolution duly adopted by the hospital district board. The
538	hospital district board must provide written notice of such
539	withdrawal to the division by mailing a copy of the resolution
540	to the division, postmarked no later than December 15, 1995. The
541	withdrawal shall take effect January 1, 1996.
542	6.  Following the adoption of a resolution under sub-
543	subparagraph 5.d., all employees of the withdrawing hospital
544	district who were participants in the Florida Retirement System
545	prior to January 1, 1996, shall remain as participants in the
546	system for as long as they are employees of the hospital
547	district, and all rights, duties, and obligations between the
548	hospital district, the system, and the employees shall remain in
549	full force and effect. Any employee who is hired or appointed on
550	or after January 1, 1996, may not participate in the Florida
551	Retirement System, and the withdrawing hospital district shall
552	have no obligation to the system with respect to such employees.
553	Section 5.  Paragraph (l) is added to subsection (1) of
554	section 121.055, Florida Statutes, to read:
555	121.055  Senior Management Service Class.--There is hereby
556	established a separate class of membership within the Florida
557	Retirement System to be known as the "Senior Management Service
558	Class," which shall become effective February 1, 1987.
559	(1)
560	(l)  For each metropolitan planning organization that has
561	opted to become part of the Florida Retirement System,
562	participation in the Senior Management Service Class shall be
563	compulsory for the executive director or staff director of that
564	metropolitan planning organization or similar entity created
565	pursuant to s. 339.175.
566	Section 6.  Paragraphs (a) and (c) of subsection (2) of
567	section 121.061, Florida Statutes, are amended to read:
568	121.061  Funding.--
569	(2)(a)  Should any employer other than a state employer
570	fail to make the retirement and social security contributions,
571	both member and employer contributions, required by this
572	chapter, then, upon request by the administrator, the Department
573	of Revenue or the Department of Financial Services, as the case
574	may be, shall deduct the amount owed by the employer from any
575	funds to be distributed by it to the county, city, metropolitan
576	planning organization, special district, or consolidated form of
577	government. The amounts so deducted shall be transferred to the
578	administrator for further distribution to the trust funds in
579	accordance with this chapter.
580	(c)  The governing body of each county, city, metropolitan
581	planning organization, special district, or consolidated form of
582	government participating under this chapter or the
583	administrator, acting individually or jointly, is hereby
584	authorized to file and maintain an action in the courts of the
585	state to require any employer to remit any retirement or social
586	security member contributions or employer matching payments due
587	the retirement or social security trust funds under the
588	provisions of this chapter.
589	Section 7.  Paragraphs (a), (b), and (e) of subsection (1)
590	of section 121.081, Florida Statutes, are amended to read:
591	121.081  Past service; prior service;
592	contributions.--Conditions under which past service or prior
593	service may be claimed and credited are:
594	(1)(a)  Past service, as defined in s. 121.021(18), may be
595	claimed as creditable service by officers or employees of a
596	city, metropolitan planning organization, or special district
597	that become a covered group under this system. The governing
598	body of a covered group in compliance with s. 121.051(2)(b) may
599	elect to provide benefits with respect to past service earned
600	prior to January 1, 1975, in accordance with this chapter, and
601	the cost for such past service shall be established by applying
602	the following formula: The member contribution for both regular
603	and special risk members shall be 4 percent of the gross annual
604	salary for each year of past service claimed, plus 4-percent
605	employer matching contribution, plus 4 percent interest thereon
606	compounded annually, figured on each year of past service, with
607	interest compounded from date of annual salary earned until July
608	1, 1975, and 6.5 percent interest compounded annually thereafter
609	until date of payment. Once the total cost for a member has been
610	figured to date, then after July 1, 1975, 6.5 percent compounded
611	interest shall be added each June 30 thereafter on any unpaid
612	balance until the cost of such past service liability is paid in
613	full. The following formula shall be used in calculating past
614	service earned prior to January 1, 1975: (Annual gross salary
615	multiplied by 8 percent) multiplied by the 4 percent or 6.5
616	percent compound interest table factor, as may be applicable.
617	The resulting product equals cost to date for each particular
618	year of past service.
619	(b)  Past service earned after January 1, 1975, may be
620	claimed by officers or employees of a city, metropolitan
621	planning organization, or special district that becomes a
622	covered group under this system. The governing body of a covered
623	group may elect to provide benefits with respect to past service
624	earned after January 1, 1975, in accordance with this chapter,
625	and the cost for such past service shall be established by
626	applying the following formula: The employer shall contribute an
627	amount equal to the contribution rate in effect at the time the
628	service was earned, multiplied by the employee's gross salary
629	for each year of past service claimed, plus 6.5 percent interest
630	thereon, compounded annually, figured on each year of past
631	service, with interest compounded from date of annual salary
632	earned until date of payment.
633	(e)  Past service, as defined in s. 121.021(18), may be
634	claimed as creditable service by a member of the Florida
635	Retirement System who formerly was an officer or employee of a
636	city, metropolitan planning organization, or special district,
637	notwithstanding the status or form of the retirement system, if
638	any, of that city, metropolitan planning organization, or
639	special district and irrespective of whether officers or
640	employees of that city, metropolitan planning organization, or
641	special district now or hereafter become a covered group under
642	the Florida Retirement System. Such member may claim creditable
643	service and be entitled to the benefits accruing to the regular
644	class of members as provided for the past service claimed under
645	this paragraph by paying into the retirement trust fund an
646	amount equal to the total actuarial cost of providing the
647	additional benefit resulting from such past-service credit,
648	discounted by the applicable actuarial factors to date of
649	retirement.
650	Section 8.  Subsection (1) and paragraph (e) of subsection
651	(2) of section 212.055, Florida Statutes, are amended, and
652	subsection (8) is added that section, to read:
653	212.055  Discretionary sales surtaxes; legislative intent;
654	authorization and use of proceeds.--It is the legislative intent
655	that any authorization for imposition of a discretionary sales
656	surtax shall be published in the Florida Statutes as a
657	subsection of this section, irrespective of the duration of the
658	levy. Each enactment shall specify the types of counties
659	authorized to levy; the rate or rates which may be imposed; the
660	maximum length of time the surtax may be imposed, if any; the
661	procedure which must be followed to secure voter approval, if
662	required; the purpose for which the proceeds may be expended;
663	and such other requirements as the Legislature may provide.
664	Taxable transactions and administrative procedures shall be as
665	provided in s. 212.054.
666	(1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.--
667	(a)  Each charter county which adopted a charter prior to
668	January 1, 1984, and each county the government of which is
669	consolidated with that of one or more municipalities, may levy a
670	discretionary sales surtax, subject to approval by a majority
671	vote of the electorate of the county or by a charter amendment
672	approved by a majority vote of the electorate of the county.
673	(b)  The rate shall be up to 1 percent.
674	(c)  The proposal to adopt a discretionary sales surtax as
675	provided in this subsection and to create a trust fund within
676	the county accounts shall be placed on the ballot in accordance
677	with law at a time to be set at the discretion of the governing
678	body or pursuant to initiative petition if provided for in the
679	county's charter.
680	(d)  Proceeds from the surtax shall be applied to as many
681	or as few of the uses enumerated in this paragraph below in
682	whatever combination the county commission deems appropriate:
683	1.  Deposited by the county in the trust fund to and shall
684	be used for the purposes of development, construction,
685	equipment, maintenance, operation, supportive services,
686	including a countywide bus system, and related costs of a fixed
687	guideway rapid transit system.;
688	2.  Remitted by the governing body of the county to an
689	expressway or transportation authority created by law to be
690	used, at the discretion of such authority, for the development,
691	construction, operation, or maintenance of roads or bridges in
692	the county;, for the operation and maintenance of a bus system;
693	and, for the payment of principal and interest on existing bonds
694	issued for the construction of such roads or bridges;, and, upon
695	approval by the county commission, such proceeds may be pledged
696	for bonds issued to refinance existing bonds or new bonds issued
697	for the construction of such roads or bridges.;
698	3.  Used by the charter county for the development,
699	construction, operation, and maintenance of roads and bridges in
700	the county; for the expansion, operation, and maintenance of bus
701	and fixed guideway systems; and for the payment of principal and
702	interest on bonds issued for the construction of fixed guideway
703	rapid transit systems, bus systems, roads, or bridges; and such
704	proceeds may be pledged by the governing body of the county for
705	bonds issued to refinance existing bonds or new bonds issued for
706	the construction of such fixed guideway rapid transit systems,
707	bus systems, roads, or bridges and no more than 25 percent used
708	for nontransit uses.; and
709	4.  Used by the charter county for the planning,
710	development, construction, operation, and maintenance of roads
711	and bridges in the county; for the planning, development,
712	expansion, operation, and maintenance of bus and fixed guideway
713	systems; and for the payment of principal and interest on bonds
714	issued for the construction of fixed guideway rapid transit
715	systems, bus systems, roads, or bridges; and such proceeds may
716	be pledged by the governing body of the county for bonds issued
717	to refinance existing bonds or new bonds issued for the
718	construction of such fixed guideway rapid transit systems, bus
719	systems, roads, or bridges. Pursuant to an interlocal agreement
720	entered into pursuant to chapter 163, the governing body of the
721	charter county may distribute proceeds from the tax to a
722	municipality, or an expressway or transportation authority
723	created by law to be expended for the purpose authorized by this
724	paragraph.
725	5.  Used by the charter county to fund regionally
726	significant transportation projects that are identified in a
727	regional transportation plan developed in accordance with s.
728	339.155(5) or to provide matching funds for the Transportation
729	Regional Incentive Program in accordance with s. 339.2819 or the
730	New Starts Transit Program as provided in s. 341.051.
731	6.  Used by the charter county to fund projects identified
732	in a capital improvements element of a comprehensive plan that
733	has been determined to be in compliance with part II of chapter
734	163 or to implement a long-term concurrency management system
735	adopted by a local government in accordance with s. 163.3177(3)
736	or (9).
737	7.  Used by the charter county to fund projects that are
738	part of the Strategic Intermodal System.
739	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
740	(e)  School districts, counties, and municipalities
741	receiving proceeds under the provisions of this subsection may
742	pledge such proceeds for the purpose of servicing new bond
743	indebtedness incurred pursuant to law. Local governments may use
744	the services of the Division of Bond Finance of the State Board
745	of Administration pursuant to the State Bond Act to issue any
746	bonds through the provisions of this subsection. In no case may
747	a jurisdiction issue bonds pursuant to this subsection more
748	frequently than once per year. Counties and municipalities may
749	join together for the issuance of bonds authorized by this
750	subsection.
751	(8)  COUNTY TRANSPORTATION SYSTEM SURTAX.--
752	(a)  The governing authority of a county that is not
753	authorized to levy a discretionary sales surtax pursuant to
754	subsection (1) may levy a discretionary sales surtax pursuant to
755	ordinance enacted by a majority of the members of the county
756	governing authority and subject to approval by a majority vote
757	of the electorate of the county.
758	(b)  The rate shall be up to 1 percent.
759	(c)  If the proposal to adopt a discretionary sales surtax
760	is to be adopted by a referendum as provided in this subsection,
761	such proposal shall be placed on the ballot in accordance with
762	law at a time to be set at the discretion of the governing body
763	of the county.
764	(d)  Proceeds from the surtax shall be distributed to the
765	county and to each municipality within the county in which the
766	surtax is collected according to:
767	1.  A separate interlocal agreement between the county
768	governing body and the governing body of any municipality within
769	the county; or
770	2.  If there is no interlocal agreement between the county
771	governing body and the governing body of any municipality within
772	the county, an apportionment factor for each eligible local
773	government as specified in this subparagraph.
774	a.  The apportionment factor for an eligible county shall
775	be composed of two equally weighted portions as follows:
776	(I)  Each eligible county's population in the
777	unincorporated areas of the county as a percentage of the total
778	county population as determined pursuant to s. 186.901.
779	(II)  Each eligible county's percentage of centerline miles
780	derived from the combined total number of centerline miles owned
781	and maintained by the county and each municipality within the
782	county as annually reported in the City/County Mileage Report
783	promulgated by the Transportation Statistics Office within the
784	Department of Transportation.
785	b.  The apportionment factor for an eligible municipality
786	shall be composed of two equally weighted portions as follows:
787	(I)  Each eligible municipality's population as a
788	percentage of the total county population as determined pursuant
789	to s. 186.901.
790	(II)  Each eligible municipality's percentage of centerline
791	miles derived from the combined total number of centerline miles
792	owned and maintained by the county  and each municipality within
793	the county as annually reported in the City/County Mileage
794	Report promulgated by the Transportation Statistics Office
795	within the Department of Transportation.
796	(e)  Proceeds from the surtax shall be applied to as many
797	or as few of the uses enumerated in this paragraph in whatever
798	combination the governing body of the municipality or the county
799	considers appropriate:
800	1.  Deposited by the governing body of the municipality or
801	the county in the trust fund to be used for the purposes of
802	development, construction, equipment, maintenance, operation,
803	supportive services, including a bus system, and related costs
804	of a fixed guideway rapid transit system.
805	2.  Remitted by the governing body of the municipality or
806	the county to an expressway or transportation authority created
807	by law to be used, at the discretion of such authority, for the
808	development, construction, operation, or maintenance of roads,
809	bicycle and pedestrian facilities, or bridges in the county or
810	municipality; for the operation and maintenance of a bus system;
811	and for the payment of principal and interest on existing bonds
812	issued for the construction of such roads, bicycle or pedestrian
813	facilities, or bridges; and, upon approval by the governing body
814	of the municipality or county, such proceeds may be pledged for
815	bonds issued to refinance existing bonds or new bonds issued for
816	the construction of such roads, bicycle and pedestrian
817	facilities, or bridges.
818	3.  Used by the governing body of the municipality or
819	county for the planning, development, construction, operation,
820	and maintenance of roads, bicycle and pedestrian facilities, or
821	bridges in the municipality or county; for the planning,
822	development, expansion, operation, and maintenance of bus and
823	fixed guideway systems; and for the payment of principal and
824	interest on bonds issued for the construction of fixed guideway
825	rapid transit systems, bus systems, roads, bicycle and
826	pedestrian facilities, or bridges; and, upon approval by the
827	governing body of the municipality or county, such proceeds may
828	be pledged by the governing body of the municipality or county
829	for bonds issued to refinance existing bonds or new bonds issued
830	for the construction of such fixed guideway rapid transit
831	systems, bus systems, roads, bicycle and pedestrian facilities,
832	or bridges.
833	4.  Used by the county or municipality to fund regionally
834	significant transportation projects that are identified in a
835	regional transportation plan developed in accordance with s.
836	339.155(5) or to provide matching funds for the Transportation
837	Regional Incentive Program in accordance with s. 339.2819 or the
838	New Starts Transit Program as provided in s. 341.051.
839	5.  Used by the county or municipality to fund projects
840	identified in a capital improvements element of a comprehensive
841	plan that has been determined to be in compliance with part II
842	of chapter 163 or to implement a long-term concurrency
843	management system adopted by a local government in accordance
844	with s. 163.3177(3) or (9).
845	6.  Used by the county or municipality to fund projects
846	that are part of the Strategic Intermodal System.
847	Section 9.  Section 212.0606, Florida Statutes, is amended
848	to read:
849	212.0606  Rental car surcharge.--
850	(1)  A surcharge of $2 $2.00 per day or any part of a day
851	is imposed upon the lease or rental of a motor vehicle licensed
852	for hire and designed to carry fewer less than nine passengers,
853	regardless of whether such motor vehicle is licensed in Florida.
854	The surcharge applies to only the first 30 days of the term of
855	any lease or rental and. The surcharge is subject to all
856	applicable taxes imposed by this chapter.
857	(2)(a)  Notwithstanding s. the provisions of section
858	212.20, and less costs of administration, 80 percent of the
859	proceeds of the this surcharge imposed under subsection (1)
860	shall be deposited in the State Transportation Trust Fund, 15.75
861	percent of the proceeds of this surcharge shall be deposited in
862	the Tourism Promotional Trust Fund created in s. 288.122, and
863	4.25 percent of the proceeds of this surcharge shall be
864	deposited in the Florida International Trade and Promotion Trust
865	Fund. As used in For the purposes of this subsection, "proceeds"
866	of the surcharge means all funds collected and received by the
867	department under subsection (1) this section, including interest
868	and penalties on delinquent surcharges. The department shall
869	provide the Department of Transportation rental car surcharge
870	revenue information for the previous state fiscal year by
871	September 1 of each year.
872	(b)  Notwithstanding any other provision of law, in fiscal
873	year 2007-2008 and each year thereafter, the proceeds deposited
874	in the State Transportation Trust Fund shall be allocated on an
875	annual basis in the Department of Transportation's work program
876	to each department district, except the Turnpike District. The
877	amount allocated for each district shall be based upon the
878	amount of proceeds attributed to the counties within each
879	respective district.
880	(3)(a)  In addition to the surcharge imposed under
881	subsection (1), a county may provide by ordinance, to be
882	approved by countywide referendum, for the imposition of a local
883	surcharge of $2 per day or any part of a day upon the lease or
884	rental of a motor vehicle licensed for hire and designed to
885	carry fewer than nine passengers, regardless of whether such
886	motor vehicle is licensed in this state. The local surcharge may
887	be applied to only the first 30 days of the term of any lease or
888	rental. The local surcharge shall not apply to the lease or
889	rental of a motor vehicle by a person for the period of time
890	required to have a motor vehicle owned by the person undergo
891	maintenance or repair. The person must provide a receipt for the
892	cost of the maintenance or repair services and documentation
893	that the person owns the motor vehicle undergoing maintenance or
894	repair. The local surcharge is subject to all applicable taxes
895	imposed by this chapter.
896	(b)  If the ordinance authorizing the imposition of the
897	local surcharge is approved by such referendum, a certified copy
898	of the ordinance shall be furnished by the county to the
899	department within 10 days after such approval, but no later than
900	November 16 prior to the effective date. The notice must specify
901	the time period during which the local surcharge will be in
902	effect and must include a copy of the ordinance and such other
903	information as the department may require by rule. Failure to
904	timely provide such notification to the department shall result
905	in the delay of the effective date for a period of 1 year. The
906	effective date for any county to impose the local surcharge
907	shall be January 1 following the year in which the ordinance was
908	approved by referendum. A local surcharge may not terminate on a
909	date other than December 31.
910	(c)  Any local surcharge proceeds collected by a dealer
911	that fails to report surcharge collections by county as required
912	by paragraph (4)(b) shall be deposited into the Solid Waste
913	Management Trust Fund and then transferred to the Local Option
914	Fuel Tax Trust Fund as separate from the county surcharge
915	collection accounts. The department shall distribute funds in
916	this account, less the cost of administration, using a
917	distribution factor determined for each county that levies a
918	local surcharge, based upon the county's latest official
919	population determined pursuant to s. 186.901 and multiplied by
920	the amount of funds in the account and available for
921	distribution.
922	(d)  Notwithstanding s. 212.20, and less the costs of
923	administration, the proceeds of the local surcharge imposed
924	under paragraph (a) shall be transferred to the Local Option
925	Fuel Tax Trust Fund for the purposes allowed under s. 206.60 and
926	distributed monthly by the department under s. 336.025(3)(a)1.
927	or s. 336.025(4)(a). As used in this subsection, "proceeds" of
928	the local surcharge means all funds collected and received by
929	the department under this subsection, including interest and
930	penalties on delinquent local surcharges.
931	(4)(3)(a)  Except as provided in this section, the
932	department shall administer, collect, and enforce the surcharge
933	and local surcharge as provided in this chapter.
934	(b)  The department shall require dealers to report
935	surcharge and local surcharge collections according to the
936	county to which the surcharge and local surcharge were was
937	attributed. For purposes of this section, the surcharge and
938	local surcharge shall be attributed to the county where the
939	rental agreement was entered into.
940	(c)  Dealers who collect a the rental car surcharge shall
941	report to the department all surcharge and local surcharge
942	revenues attributed to the county where the rental agreement was
943	entered into on a timely filed return for each required
944	reporting period. The provisions of this chapter which apply to
945	interest and penalties on delinquent taxes shall apply to the
946	surcharge and local surcharge. The surcharge and local surcharge
947	shall not be included in the calculation of estimated taxes
948	pursuant to s. 212.11. The dealer's credit provided in s. 212.12
949	shall not apply to any amount collected under this section.
950	(5)(4)  The surcharge and any local surcharge imposed by
951	this section do does not apply to a motor vehicle provided at no
952	charge to a person whose motor vehicle is being repaired,
953	adjusted, or serviced by the entity providing the replacement
954	motor vehicle.
955	Section 10.  Subsection (1) of section 215.615, Florida
956	Statutes, is amended to read:
957	215.615  Fixed-guideway transportation systems funding.--
958	(1)  The issuance of revenue bonds by the Division of Bond
959	Finance, on behalf of the Department of Transportation, pursuant
960	to s. 11, Art. VII of the State Constitution, is authorized,
961	pursuant to the State Bond Act, to finance or refinance fixed
962	capital expenditures for fixed-guideway transportation systems,
963	as defined in s. 341.031, including facilities appurtenant
964	thereto, costs of issuance, and other amounts relating to such
965	financing or refinancing. Such revenue bonds shall be matched on
966	a 50-50 basis with funds from sources other than revenues of the
967	Department of Transportation, in a manner acceptable to the
968	Department of Transportation. The Division of Bond Finance is
969	authorized to consider innovative financing techniques
970	technologies which may include, but are not limited to,
971	innovative bidding and structures of potential financings
972	findings that may result in negotiated transactions. The
973	following conditions apply to the issuance of revenue bonds for
974	fixed-guideway transportation systems:
975	(a)  The department and any participating commuter rail
976	authority or regional transportation authority established under
977	chapter 343, local governments, or local governments
978	collectively by interlocal agreement having jurisdiction of a
979	fixed-guideway transportation system may enter into an
980	interlocal agreement to promote the efficient and cost-effective
981	financing or refinancing of fixed-guideway transportation system
982	projects by revenue bonds issued pursuant to this subsection.
983	The terms of such interlocal agreements shall include provisions
984	for the Department of Transportation to request the issuance of
985	the bonds on behalf of the parties; shall provide that after
986	reimbursement pursuant to interlocal agreement, the department's
987	share may be up to 50 percent of the eligible project cost,
988	which may include a share of annual each party to the agreement
989	is contractually liable for an equal share of funding an amount
990	equal to the debt service requirements of such bonds; and shall
991	include any other terms, provisions, or covenants necessary to
992	the making of and full performance under such interlocal
993	agreement. Repayments made to the department under any
994	interlocal agreement are not pledged to the repayment of bonds
995	issued hereunder, and failure of the local governmental
996	authority to make such payment shall not affect the obligation
997	of the department to pay debt service on the bonds.
998	(b)  Revenue bonds issued pursuant to this subsection shall
999	not constitute a general obligation of, or a pledge of the full
1000	faith and credit of, the State of Florida. Bonds issued pursuant
1001	to this section shall be payable from funds available pursuant
1002	to s. 206.46(3), subject to annual appropriation. The amount of
1003	revenues available for debt service shall never exceed a maximum
1004	of 2 percent of all state revenues deposited into the State
1005	Transportation Trust Fund.
1006	(c)  The projects to be financed or refinanced with the
1007	proceeds of the revenue bonds issued hereunder are designated as
1008	state fixed capital outlay projects for purposes of s. 11(d),
1009	Art. VII of the State Constitution, and the specific projects to
1010	be financed or refinanced shall be determined by the Department
1011	of Transportation in accordance with state law and
1012	appropriations from the State Transportation Trust Fund. Each
1013	project to be financed with the proceeds of the bonds issued
1014	pursuant to this subsection must first be approved by the
1015	Legislature by an act of general law.
1016	(d)  Any complaint for validation of bonds issued pursuant
1017	to this section shall be filed in the circuit court of the
1018	county where the seat of state government is situated, the
1019	notice required to be published by s. 75.06 shall be published
1020	only in the county where the complaint is filed, and the
1021	complaint and order of the circuit court shall be served only on
1022	the state attorney of the circuit in which the action is
1023	pending.
1024	(e)  The state does hereby covenant with holders of such
1025	revenue bonds or other instruments of indebtedness issued
1026	hereunder, that it will not repeal or impair or amend these
1027	provisions in any manner that will materially and adversely
1028	affect the rights of such holders as long as bonds authorized by
1029	this subsection are outstanding.
1030	(f)  This subsection supersedes any inconsistent provisions
1031	in existing law.
1032
1033	Notwithstanding this subsection, the lien of revenue bonds
1034	issued pursuant to this subsection on moneys deposited into the
1035	State Transportation Trust Fund shall be subordinate to the lien
1036	on such moneys of bonds issued under ss. 215.605, 320.20, and
1037	215.616, and any pledge of such moneys to pay operating and
1038	maintenance expenses under s. 206.46(5) and chapter 348, as may
1039	be amended.
1040	Section 11.  Subsection (1) of section 311.22, Florida
1041	Statutes, is amended to read:
1042	311.22  Additional authorization for funding certain
1043	dredging projects.--
1044	(1)  The Florida Seaport Transportation and Economic
1045	Development Council shall establish a program to fund dredging
1046	projects in counties having a population of fewer than 300,000
1047	according to the last official census. Funds made available
1048	under this program may be used to fund approved projects for the
1049	dredging or deepening of channels, turning basins, or harbors on
1050	a 50-50 matching basis with any port authority, as such term is
1051	defined in s. 315.02(2), which complies with the permitting
1052	requirements in part IV of chapter 373 and the local financial
1053	management and reporting provisions of part III of chapter 218.
1054	Funding for such projects shall require at least a 25-percent
1055	match of funds received for new channels or turning basins
1056	pursuant to this section.
1057	Section 12.  Subsection (1) of section 316.605, Florida
1058	Statutes, is amended to read:
1059	316.605  Licensing of vehicles.--
1060	(1)  Every vehicle, at all times while driven, stopped, or
1061	parked upon any highways, roads, or streets of this state, shall
1062	be licensed in the name of the owner thereof in accordance with
1063	the laws of this state unless such vehicle is not required by
1064	the laws of this state to be licensed in this state and shall,
1065	except as otherwise provided in s. 320.0706 for front-end
1066	registration license plates on truck tractors and s. 320.086(5)
1067	which exempts display of license plates on described former
1068	military vehicles, display the license plate or both of the
1069	license plates assigned to it by the state, one on the rear and,
1070	if two, the other on the front of the vehicle, each to be
1071	securely fastened to the vehicle outside the main body of the
1072	vehicle not higher than 60 inches and not lower than 12 inches
1073	from the ground and in such manner as to prevent the plates from
1074	swinging, and all letters, numerals, printing, writing, and
1075	other identification marks upon the plates regarding the word
1076	"Florida," the registration decal, and the alphanumeric
1077	designation shall be clear and distinct and free from
1078	defacement, mutilation, grease, and other obscuring matter, so
1079	that they will be plainly visible and legible at all times 100
1080	feet from the rear or front. Vehicle license plates shall be
1081	affixed and displayed in such a manner that the letters and
1082	numerals shall be read from left to right parallel to the
1083	ground. No vehicle license plate may be displayed in an inverted
1084	or reversed position or in such a manner that the letters and
1085	numbers and their proper sequence are not readily identifiable.
1086	Nothing shall be placed upon the face of a Florida plate except
1087	as permitted by law or by rule or regulation of a governmental
1088	agency. No license plates other than those furnished by the
1089	state shall be used. However, if the vehicle is not required to
1090	be licensed in this state, the license plates on such vehicle
1091	issued by another state, by a territory, possession, or district
1092	of the United States, or by a foreign country, substantially
1093	complying with the provisions hereof, shall be considered as
1094	complying with this chapter. A violation of this subsection is a
1095	noncriminal traffic infraction, punishable as a nonmoving
1096	violation as provided in chapter 318.
1097	Section 13.  Paragraph (b) of subsection (3) of section
1098	316.650, Florida Statutes, is amended to read:
1099	316.650  Traffic citations.--
1100	(3)
1101	(b)  If a traffic citation is issued pursuant to s.
1102	316.1001, a traffic enforcement officer may deposit the original
1103	and one copy of such traffic citation or, in the case of a
1104	traffic enforcement agency that has an automated citation
1105	system, may provide an electronic facsimile with a court having
1106	jurisdiction over the alleged offense or with its traffic
1107	violations bureau within 45 days after the date of issuance of
1108	the citation to the violator. If the person cited for the
1109	violation of s. 316.1001 makes the election provided by s.
1110	318.14(12) and pays the fine imposed by the toll authority plus
1111	the amount of the unpaid toll that is shown on the traffic
1112	citation directly to the governmental entity that issued the
1113	citation in accordance with s. 318.14(12), the traffic citation
1114	will not be submitted to the court, the disposition will be
1115	reported to the department by the governmental entity that
1116	issued the citation, and no points will be assessed against the
1117	person's driver's license.
1118	Section 14.  Subsection (12) of section 318.14, Florida
1119	Statutes, is amended to read:
1120	318.14  Noncriminal traffic infractions; exception;
1121	procedures.--
1122	(12)  Any person cited for a violation of s. 316.1001 may,
1123	in lieu of making an election as set forth in subsection (4) or
1124	s. 318.18(7), elect to pay a his or her fine of $25, or such
1125	other amount as imposed by the toll authority, plus the amount
1126	of the unpaid toll that is shown on the traffic citation
1127	directly to the governmental entity that issued the citation,
1128	within 30 days after the date of issuance of the citation. Any
1129	person cited for a violation of s. 316.1001 who does not elect
1130	to pay the fine imposed by the toll authority plus the amount of
1131	the unpaid toll that is shown on the traffic citation directly
1132	to the governmental entity that issued the citation as described
1133	in this subsection section shall have an additional 45 days
1134	after the date of the issuance of the citation in which to
1135	request a court hearing or to pay the civil penalty and
1136	delinquent fee, if applicable, as provided in s. 318.18(7),
1137	either by mail or in person, in accordance with subsection (4).
1138	Section 15.  Subsection (7) of section 318.18, Florida
1139	Statutes, is amended to read:
1140	318.18  Amount of civil penalties.--The penalties required
1141	for a noncriminal disposition pursuant to s. 318.14 are as
1142	follows:
1143	(7)  Mandatory $100 fine one hundred dollars for each a
1144	violation of s. 316.1001 plus the amount of the unpaid toll
1145	shown on the traffic citation for each citation issued. The
1146	clerk of the court shall forward $25 of the $100 fine received,
1147	plus the amount of the unpaid toll that is shown on the
1148	citation, to the governmental entity that issued the citation.
1149	If a plea arrangement is reached prior to the date set for a
1150	scheduled evidentiary hearing, there shall be a mandatory fine
1151	assessed per citation of not less than $50 and not more than
1152	$100, plus the amount of the unpaid toll for each citation
1153	issued. The clerk of the court shall forward $25 of the fine
1154	imposed, plus the amount of the unpaid toll that is shown on the
1155	citation, to the governmental entity that issued the citation.
1156	The court shall have specific authority to consolidate issued
1157	citations for the same defendant for the purpose of sentencing
1158	and aggregate jurisdiction. In addition, the department shall
1159	suspend for 60 days the driver's license of a person who is
1160	convicted of 10 violations of s. 316.1001 within a 36-month
1161	period. However, a person may elect to pay $30 to the clerk of
1162	the court, in which case adjudication is withheld, and no points
1163	are assessed under s. 322.27. Upon receipt of the fine, the
1164	clerk of the court must retain $5 for administrative purposes
1165	and must forward the $25 to the governmental entity that issued
1166	the citation. Any funds received by a governmental entity for
1167	this violation may be used for any lawful purpose related to the
1168	operation or maintenance of a toll facility.
1169	Section 16.  Section 320.061, Florida Statutes, is amended
1170	to read:
1171	320.061  Unlawful to alter motor vehicle registration
1172	certificates, license plates, mobile home stickers, or
1173	validation stickers or to obscure license plates; penalty.--
1174	(1)  No person shall alter the original appearance of any
1175	registration license plate, mobile home sticker, validation
1176	sticker, or vehicle registration certificate issued for and
1177	assigned to any motor vehicle or mobile home, whether by
1178	mutilation, alteration, defacement, or change of color or in any
1179	other manner. Any person who violates the provisions of this
1180	subsection commits section is guilty of a misdemeanor of the
1181	second degree, punishable as provided in s. 775.082 or s.
1182	775.083.
1183	(2)(a)  No person shall apply or attach any substance,
1184	reflective matter, illuminated device, spray, coating, covering,
1185	or other material onto or around any license plate that
1186	interferes with the legibility, angular visibility, or
1187	detectability of any feature or detail on the license plate or
1188	interferes with the ability to photograph or otherwise record
1189	any feature or detail on the license plate. The advertising,
1190	sale, distribution, purchase, or use of any product made for the
1191	purpose of interfering with the legibility, angular visibility,
1192	or detectability of any feature or detail on a license plate or
1193	interfering with the ability to photograph or otherwise record
1194	any feature or detail on a license plate is prohibited. Any
1195	person who violates this paragraph commits a misdemeanor of the
1196	second degree, punishable as provided in s. 775.082 or s.
1197	775.083.
1198	(b)  If a state or local law enforcement officer having
1199	jurisdiction observes that a cover or other device is
1200	obstructing the visibility or electronic image recording of a
1201	license plate, the officer shall issue a uniform traffic
1202	citation and shall confiscate the cover or other device that
1203	obstructs the visibility or electronic image recording of the
1204	plate. If a state or local law enforcement officer having
1205	jurisdiction observes that a license plate has been physically
1206	treated with a substance, reflective matter, spray, coating, or
1207	other material that is obstructing the visibility or electronic
1208	image recording of the plate, the officer shall issue a uniform
1209	traffic citation and shall confiscate the plate. The department
1210	shall revoke the registration of any plate that has been found
1211	by a court to have been physically altered with any chemical or
1212	reflective substance or coating that obstructs the visibility or
1213	electronic image recording of the plate.
1214	(c)  The Attorney General may file suit against any
1215	individual or entity offering or marketing the sale of,
1216	including via the Internet, any product advertised as having the
1217	capacity to obstruct the visibility or electronic image
1218	recording of a license plate. In addition to injunctive and
1219	monetary relief, punitive damages, and attorney's fees, the suit
1220	shall also seek a full accounting of the records of all sales to
1221	residents of or entities within this state.
1222	Section 17.  Subsections (3) and (4) of section 320.20,
1223	Florida Statutes, are amended, subsection (5) is renumbered as
1224	subsection (6), and a new subsection (5) is added to that
1225	section, to read:
1226	320.20  Disposition of license tax moneys.--The revenue
1227	derived from the registration of motor vehicles, including any
1228	delinquent fees and excluding those revenues collected and
1229	distributed under the provisions of s. 320.081, must be
1230	distributed monthly, as collected, as follows:
1231	(3)  Notwithstanding any other provision of law except
1232	subsections (1) and (2), on July 1, 1996, and annually
1233	thereafter, $15 million shall be deposited in the State
1234	Transportation Trust Fund solely for the purposes of funding the
1235	Florida Seaport Transportation and Economic Development Program
1236	as provided for in chapter 311. Such revenues shall be
1237	distributed on a 50-50 matching basis to any port listed in s.
1238	311.09(1) to be used for funding projects as described in s.
1239	311.07(3)(b). Such revenues may be assigned, pledged, or set
1240	aside as a trust for the payment of principal or interest on
1241	bonds, tax anticipation certificates, or any other form of
1242	indebtedness issued by an individual port or appropriate local
1243	government having jurisdiction thereof, or collectively by
1244	interlocal agreement among any of the ports, or used to purchase
1245	credit support to permit such borrowings. However, such debt
1246	shall not constitute a general obligation of the State of
1247	Florida. The state does hereby covenant with holders of such
1248	revenue bonds or other instruments of indebtedness issued
1249	hereunder that it will not repeal or impair or amend this
1250	subsection in any manner that which will materially and
1251	adversely affect the rights of such holders so long as bonds
1252	authorized by this section are outstanding. Any revenues that
1253	which are not pledged to the repayment of bonds as authorized by
1254	this section may be utilized for purposes authorized under the
1255	Florida Seaport Transportation and Economic Development Program.
1256	This revenue source is in addition to any amounts provided for
1257	and appropriated in accordance with s. 311.07. The Florida
1258	Seaport Transportation and Economic Development Council shall
1259	submit to the Department of Transportation a list of recommended
1260	approve distribution of funds to ports for projects that which
1261	have been identified approved pursuant to s. 311.09(5)-(9). The
1262	Department of Transportation shall approve the final
1263	distribution of funds and include the selected projects for
1264	funding in the tentative work program developed pursuant to s.
1265	339.135. The council and the Department of Transportation are
1266	authorized to perform such acts as are required to facilitate
1267	and implement the provisions of this subsection. To better
1268	enable the ports to cooperate to their mutual advantage, the
1269	governing body of each port may exercise powers provided to
1270	municipalities or counties in s. 163.01(7)(d) subject to the
1271	provisions of chapter 311 and special acts, if any, pertaining
1272	to a port. The use of funds provided pursuant to this subsection
1273	are limited to eligible projects listed in this subsection.
1274	Income derived from a project completed with the use of program
1275	funds, beyond operating costs and debt service, shall be
1276	restricted to further port capital improvements consistent with
1277	maritime purposes and for no other purpose. Use of such income
1278	for nonmaritime purposes is prohibited. The provisions of s.
1279	311.07(4) do not apply to any funds received pursuant to this
1280	subsection. The revenues available under this subsection shall
1281	not be pledged to the payment of any bonds other than the
1282	Florida Ports Financing Commission Series 1996 and Series 1999
1283	Bonds currently outstanding; provided, however, such revenues
1284	may be pledged to secure payment of refunding bonds to refinance
1285	the Florida Ports Financing Commission Series 1996 and Series
1286	1999 Bonds. No refunding bonds secured by revenues available
1287	under this subsection may be issued with a final maturity later
1288	than the final maturity of the Florida Ports Financing
1289	Commission Series 1996 and Series 1999 Bonds or which provide
1290	for higher debt service in any year than is currently payable on
1291	such bonds. Any revenue bonds or other indebtedness issued after
1292	July 1, 2000, including other than refunding bonds, shall be
1293	issued by the Division of Bond Finance at the request of the
1294	Department of Transportation pursuant to the State Bond Act.
1295	(4)  Notwithstanding any other provision of law except
1296	subsections (1), (2), and (3), on July 1, 1999, and annually
1297	thereafter, $10 million shall be deposited in the State
1298	Transportation Trust Fund solely for the purposes of funding the
1299	Florida Seaport Transportation and Economic Development Program
1300	as provided in chapter 311 and for funding seaport intermodal
1301	access projects of statewide significance as provided in s.
1302	341.053. Such revenues shall be distributed to any port listed
1303	in s. 311.09(1), to be used for funding projects as follows:
1304	(a)  For any seaport intermodal access projects that are
1305	identified in the 1997-1998 Tentative Work Program of the
1306	Department of Transportation, up to the amounts needed to offset
1307	the funding requirements of this section.
1308	(b)  For seaport intermodal access projects as described in
1309	s. 341.053(5) that are identified in the 5-year Florida Seaport
1310	Mission Plan as provided in s. 311.09(3). Funding for such
1311	projects shall be on a matching basis as mutually determined by
1312	the Florida Seaport Transportation and Economic Development
1313	Council and the Department of Transportation, provided a minimum
1314	of 25 percent of total project funds shall come from any port
1315	funds, local funds, private funds, or specifically earmarked
1316	federal funds.
1317	(c)  On a 50-50 matching basis for projects as described in
1318	s. 311.07(3)(b).
1319	(d)  For seaport intermodal access projects that involve
1320	the dredging or deepening of channels, turning basins, or
1321	harbors; or the rehabilitation of wharves, docks, or similar
1322	structures. Funding for such projects shall require a 25 percent
1323	match of the funds received pursuant to this subsection.
1324	Matching funds shall come from any port funds, federal funds,
1325	local funds, or private funds.
1326
1327	Such revenues may be assigned, pledged, or set aside as a trust
1328	for the payment of principal or interest on bonds, tax
1329	anticipation certificates, or any other form of indebtedness
1330	issued by an individual port or appropriate local government
1331	having jurisdiction thereof, or collectively by interlocal
1332	agreement among any of the ports, or used to purchase credit
1333	support to permit such borrowings. However, such debt shall not
1334	constitute a general obligation of the state. This state does
1335	hereby covenant with holders of such revenue bonds or other
1336	instruments of indebtedness issued hereunder that it will not
1337	repeal or impair or amend this subsection in any manner that
1338	which will materially and adversely affect the rights of holders
1339	so long as bonds authorized by this subsection are outstanding.
1340	Any revenues that are not pledged to the repayment of bonds as
1341	authorized by this section may be utilized for purposes
1342	authorized under the Florida Seaport Transportation and Economic
1343	Development Program. This revenue source is in addition to any
1344	amounts provided for and appropriated in accordance with s.
1345	311.07 and subsection (3). The Florida Seaport Transportation
1346	and Economic Development Council shall submit to the Department
1347	of Transportation a list of recommended approve distribution of
1348	funds to ports for projects that have been identified approved
1349	pursuant to s. 311.09(5)-(9), or for seaport intermodal access
1350	projects identified in the 5-year Florida Seaport Mission Plan
1351	as provided in s. 311.09(3) and mutually agreed upon by the
1352	FSTED Council and the Department of Transportation. The
1353	Department of Transportation shall approve the final
1354	distribution of funds and include the selected projects for
1355	funding in the tentative work program developed pursuant to s.
1356	339.135. All contracts for actual construction of projects
1357	authorized by this subsection must include a provision
1358	encouraging employment of participants in the welfare transition
1359	program. The goal for employment of participants in the welfare
1360	transition program is 25 percent of all new employees employed
1361	specifically for the project, unless the Department of
1362	Transportation and the Florida Seaport Transportation and
1363	Economic Development Council demonstrate that such a requirement
1364	would severely hamper the successful completion of the project.
1365	In such an instance, Workforce Florida, Inc., shall establish an
1366	appropriate percentage of employees that must be participants in
1367	the welfare transition program. The council and the Department
1368	of Transportation are authorized to perform such acts as are
1369	required to facilitate and implement the provisions of this
1370	subsection. To better enable the ports to cooperate to their
1371	mutual advantage, the governing body of each port may exercise
1372	powers provided to municipalities or counties in s. 163.01(7)(d)
1373	subject to the provisions of chapter 311 and special acts, if
1374	any, pertaining to a port. The use of funds provided pursuant to
1375	this subsection is limited to eligible projects listed in this
1376	subsection. The provisions of s. 311.07(4) do not apply to any
1377	funds received pursuant to this subsection. The revenues
1378	available under this subsection shall not be pledged to the
1379	payment of any bonds other than the Florida Ports Financing
1380	Commission Series 1996 and Series 1999 Bonds currently
1381	outstanding; provided, however, such revenues may be pledged to
1382	secure payment of refunding bonds to refinance the Florida Ports
1383	Financing Commission Series 1996 and Series 1999 Bonds. No
1384	refunding bonds secured by revenues available under this
1385	subsection may be issued with a final maturity later than the
1386	final maturity of the Florida Ports Financing Commission Series
1387	1996 and Series 1999 Bonds or which provide for higher debt
1388	service in any year than is currently payable on such bonds. Any
1389	revenue bonds or other indebtedness issued after July 1, 2000,
1390	including other than refunding bonds, shall be issued by the
1391	Division of Bond Finance at the request of the Department of
1392	Transportation pursuant to the State Bond Act.
1393	(5)  Notwithstanding any other provision of law except
1394	subsections (1), (2), (3), and (4), on July 1, 2006, and
1395	annually thereafter, $5 million shall be deposited in the State
1396	Transportation Trust Fund solely for the purposes of funding the
1397	Florida Seaport Transportation and Economic Development Program
1398	as provided in chapter 311 and funding seaport intermodal access
1399	projects of statewide significance as provided in s. 341.053.
1400	Such revenues shall be distributed to any port listed in s.
1401	311.09(1) to be used for funding projects as follows:
1402	(a)  For any seaport intermodal access projects that are
1403	identified in the Tentative Work Program of the Department of
1404	Transportation for fiscal years 2006-2007 to 2010-2011, up to
1405	the amounts needed to offset the funding requirements of this
1406	section.
1407	(b)  For seaport intermodal access projects as described in
1408	s. 341.053(5) that are identified in the 5-year Florida Seaport
1409	Mission Plan as provided in s. 311.09(3). Funding for such
1410	projects shall require at least a 25-percent match of the funds
1411	received pursuant to this subsection. Matching funds shall come
1412	from any port funds, federal funds, local funds, or private
1413	funds.
1414	(c)  On a 50-50 matching basis for seaport projects as
1415	described in s. 311.07(3)(b).
1416	(d)  For seaport intermodal access projects that involve
1417	the dredging or deepening of channels, turning basins, or
1418	harbors or for the rehabilitation of wharves, docks, or similar
1419	structures. Funding for such projects shall require at least a
1420	25-percent match of the funds received pursuant to this
1421	subsection. Matching funds shall come from any port funds,
1422	federal funds, local funds, or private funds.
1423
1424	Such revenues may be assigned, pledged, or set aside as a trust
1425	for the payment of principal or interest on bonds, tax
1426	anticipation certificates, or any other form of indebtedness
1427	issued by the Division of Bond Finance at the request of the
1428	Department of Transportation pursuant to the State Bond Act.
1429	However, such debt shall not constitute a general obligation of
1430	the state. This state does hereby covenant with holders of such
1431	revenue bonds or other instruments of indebtedness issued
1432	hereunder that it will not repeal or impair or amend this
1433	subsection in any manner that will materially and adversely
1434	affect the rights of holders so long as bonds authorized by this
1435	subsection are outstanding. Any revenues that are not pledged to
1436	the repayment of bonds as authorized by this section may be
1437	utilized for purposes authorized under the Florida Seaport
1438	Transportation and Economic Development Program. This revenue
1439	source is in addition to any amounts provided for and
1440	appropriated in accordance with s. 311.07 and subsections (3)
1441	and (4). The Florida Seaport Transportation and Economic
1442	Development Council shall submit to the Department of
1443	Transportation a list of recommended projects that have been
1444	identified pursuant to s. 311.09(5)-(9) or seaport intermodal
1445	access projects identified in the 5-year Florida Seaport Mission
1446	Plan as provided in s. 311.09(3). The Department of
1447	Transportation shall approve the final distribution of funds and
1448	include the selected projects for funding in the tentative work
1449	program developed pursuant to s. 339.135. The council and the
1450	Department of Transportation are authorized to perform such acts
1451	as are required to facilitate and implement the provisions of
1452	this subsection. To better enable the ports to cooperate to
1453	their mutual advantage, the governing body of each port may
1454	exercise powers provided to municipalities or counties in s.
1455	163.01(7)(d) subject to the provisions of chapter 311 and
1456	special acts, if any, pertaining to a port. The use of funds
1457	provided pursuant to this subsection is limited to eligible
1458	projects listed in this subsection. The provisions of s.
1459	311.07(4) do not apply to any funds received pursuant to this
1460	subsection.
1461	Section 18.  Paragraph (c) of subsection (6) and subsection
1462	(8) of section 332.007, Florida Statutes, are amended to read:
1463	332.007  Administration and financing of aviation and
1464	airport programs and projects; state plan.--
1465	(6)  Subject to the availability of appropriated funds, the
1466	department may participate in the capital cost of eligible
1467	public airport and aviation development projects in accordance
1468	with the following rates, unless otherwise provided in the
1469	General Appropriations Act or the substantive bill implementing
1470	the General Appropriations Act:
1471	(c)  When federal funds are not available, the department
1472	may fund up to 80 percent of master planning and eligible
1473	aviation development projects at publicly owned, publicly
1474	operated airports. If federal funds are available but
1475	insufficient to meet the maximum authorized federal share, the
1476	department may fund up to 80 percent of the nonfederal share of
1477	such projects. Such funding is limited to airports that have no
1478	scheduled commercial service.
1479	(8)  Notwithstanding any other provision of law to the
1480	contrary, the department is authorized to provide operational
1481	and maintenance assistance to publicly owned public-use
1482	airports. Such assistance shall be to comply with enhanced
1483	federal security requirements or to address related economic
1484	impacts from the events of September 11, 2001. For projects in
1485	the current adopted work program, or projects added using the
1486	available budget of the department, airports may request the
1487	department change the project purpose in accordance with this
1488	provision notwithstanding the provisions of s. 339.135(7). For
1489	purposes of this subsection, the department may fund up to 100
1490	percent of eligible project costs that are not funded by the
1491	Federal Government. Prior to releasing any funds under this
1492	section, the department shall review and approve the expenditure
1493	plans submitted by the airport. The department shall inform the
1494	Legislature of any change that it approves under this
1495	subsection. This subsection shall expire on June 30, 2012 2007.
1496	Section 19.  Section 336.044, Florida Statutes, is
1497	renumbered as section 334.70, Florida Statutes, and amended to
1498	read:
1499	334.70 336.044  Use of recyclable materials in
1500	construction.--
1501	(1)  It is the intent of the Legislature that the
1502	Department of Transportation continue to expand its current use
1503	of recovered materials in its construction programs.
1504	(2)  The Legislature declares it to be in the public
1505	interest to find alternative ways to use certain recyclable
1506	materials that currently are part of the solid waste stream and
1507	that contribute to problems of declining space in landfills. To
1508	determine the feasibility of using certain recyclable materials
1509	for paving materials, the department may undertake demonstration
1510	projects using the following materials in road construction:
1511	(a)  Ground rubber from automobile tires in road
1512	resurfacing or subbase materials for roads.;
1513	(b)  Ash residue from coal combustion byproducts for
1514	concrete and ash residue from waste incineration facilities and
1515	oil combustion byproducts for subbase material.;
1516	(c)  Recycled mixed-plastic material for guardrail posts or
1517	right-of-way fence posts.;
1518	(d)  Construction steel, including reinforcing rods and I-
1519	beams, manufactured from scrap metals disposed of in the state.;
1520	and
1521	(e)  Glass, and glass aggregates.
1522	(f)  Gypsum.
1523	(3)  The department shall review and revise existing bid
1524	procedures and specifications for the purchase or use of
1525	products and materials to eliminate any procedures and
1526	specifications that explicitly discriminate against products and
1527	materials with recycled content, except where such procedures
1528	and specifications are necessary to protect the health, safety,
1529	and welfare of the people of this state.
1530	(4)  The department shall review and revise its bid
1531	procedures and specifications on a continuing basis to encourage
1532	the use of products and materials with recycled content and
1533	shall, in developing new procedures and specifications,
1534	encourage the use of products and materials with recycled
1535	content.
1536	(5)  All agencies shall cooperate with the department in
1537	carrying out the provisions of this section.
1538	Section 20.  Section 335.066, Florida Statutes, is amended
1539	to read:
1540	335.066  Safe Routes Paths to Schools Program.--
1541	(1)  There is established in the Department of
1542	Transportation the Safe Routes Paths to Schools Program to
1543	consider the planning, and construction, and promotion of, and
1544	education regarding, bicycle and pedestrian ways to provide safe
1545	transportation for children from neighborhoods to schools,
1546	parks, and the state's greenways and trails system.
1547	(2)  As a part of the Safe Routes Paths to Schools Program,
1548	the department may establish a grant program to fund local,
1549	regional, and state bicycle and pedestrian projects that support
1550	the program. The department may establish a clearinghouse for
1551	information and grant dissemination and shall provide for a
1552	state coordinator position as required by federal law to receive
1553	program funding. Where possible, these federal dollars shall be
1554	added to other state resources to improve transportation options
1555	for school-aged youth.
1556	(3)  The department may adopt appropriate rules pursuant to
1557	ss. 120.536(1) and 120.54 for the administration of the Safe
1558	Routes Paths to Schools Program.
1559	Section 21.  Paragraph (f) of subsection (1) and paragraph
1560	(d) of subsection (2) of section 335.067, Florida Statutes, are
1561	amended to read:
1562	335.067  Conserve by Bicycle Program.--There is created
1563	within the Department of Transportation the Conserve by Bicycle
1564	Program.
1565	(1)  The purposes of the Conserve by Bicycle Program are
1566	to:
1567	(f)  Provide safe ways for children to travel from their
1568	homes to their schools by supporting the Safe Routes Paths to
1569	Schools Program.
1570	(2)  In order to help accomplish these goals, the
1571	department shall conduct a Conserve by Bicycle study, which
1572	shall include a determination of the following:
1573	(d)  How the Safe Routes Paths to Schools Program and other
1574	similar programs can reduce school-related commuter traffic,
1575	which will result in energy and roadway savings as well as
1576	improve the health of children throughout the state.
1577	Section 22.  Subsection (1) of section 1013.33, Florida
1578	Statutes, is amended to read:
1579	1013.33  Coordination of planning with local governing
1580	bodies.--
1581	(1)  It is the policy of this state to require the
1582	coordination of planning between boards and local governing
1583	bodies to ensure that plans for the construction and opening of
1584	public educational facilities are facilitated and coordinated in
1585	time and place with plans for residential development,
1586	concurrently with other necessary services. Such planning shall
1587	include the integration of the educational facilities plan and
1588	applicable policies and procedures of a board with the local
1589	comprehensive plan and land development regulations of local
1590	governments. The planning must include the consideration of
1591	allowing students to attend the school located nearest their
1592	homes when a new housing development is constructed near a
1593	county boundary and it is more feasible to transport the
1594	students a short distance to an existing facility in an adjacent
1595	county than to construct a new facility or transport students
1596	longer distances in their county of residence. The planning must
1597	also consider the effects of the location of public education
1598	facilities, including the feasibility of keeping central city
1599	facilities viable, in order to encourage central city
1600	redevelopment and the efficient use of infrastructure and to
1601	discourage uncontrolled urban sprawl. In addition, all parties
1602	to the planning process must consult with state and local road
1603	departments to assist in implementing the Safe Routes Paths to
1604	Schools program administered by the Department of
1605	Transportation.
1606	Section 23.  Subsection (2) of section 1013.351, Florida
1607	Statutes, is amended to read:
1608	1013.351  Coordination of planning between the Florida
1609	School for the Deaf and the Blind and local governing bodies.--
1610	(2)  It is the policy of this state to require the board of
1611	trustees to coordinate planning for new facilities with local
1612	governments to ensure that plans for site acquisition,
1613	construction, and opening of new facilities of the school are
1614	facilitated, concurrent with other necessary services. The
1615	planning shall include the integration of the educational plant
1616	survey for the school and applicable policies and procedures of
1617	the board of trustees with the local comprehensive plan and land
1618	development regulations of the local governments. The planning
1619	must consider the effect of the location of new facilities to be
1620	located on property acquired on or after January 1, 1998,
1621	including the efficient use of local infrastructure, the
1622	proximity of the proposed new facilities to the school's
1623	existing campus, and the effect and impact of any property
1624	proposed to be acquired by the school after the effective date
1625	of this act. In addition, all parties to the planning process
1626	must consult with state and local road departments to assist in
1627	implementing the Safe Routes Paths to Schools Program
1628	administered by the Department of Transportation.
1629	Section 24.  Paragraph (c) of subsection (1) of section
1630	336.025, Florida Statutes, is amended to read:
1631	336.025  County transportation system; levy of local option
1632	fuel tax on motor fuel and diesel fuel.--
1633	(1)
1634	(c)  Local governments may use the services of the Division
1635	of Bond Finance of the State Board of Administration pursuant to
1636	the State Bond Act to issue any bonds through the provisions of
1637	this section and may pledge the revenues from local option fuel
1638	taxes to secure the payment of the bonds. In no case may a
1639	jurisdiction issue bonds pursuant to this section more
1640	frequently than once per year. Counties and municipalities may
1641	join together for the issuance of bonds issued pursuant to this
1642	section.
1643	Section 25.  Section 336.68, Florida Statutes, is created
1644	to read:
1645	336.68  Special road and bridge district boundaries;
1646	property owner rights and options.--
1647	(1)  The owner of real property located within both the
1648	boundaries of a community development district created under
1649	chapter 190 and the boundaries of a special road and bridge
1650	district created by the alternative method of establishing
1651	special road and bridge districts previously authorized under
1652	former ss. 336.61-336.65, s. 336.66, and former 336.67, also
1653	referred to as chapter 72-385, Laws of Florida, shall have the
1654	option to select the community development district to be the
1655	provider of the road and drainage improvements to the property
1656	of the owner. Having made the selection, the property owner
1657	shall further have the right to withdraw the property from the
1658	boundaries of the special road and bridge district under the
1659	procedures set forth in this section.
1660	(2)  To be eligible for withdrawal, the subject property
1661	shall not have received improvements or benefits from the
1662	special road and bridge district; there shall be no outstanding
1663	bonded indebtedness of the special road and bridge district for
1664	which the property is subject to ad valorem tax levies; and the
1665	withdrawal of the property shall not create an enclave bounded
1666	on all sides by the other property within the boundaries of the
1667	district when the property owner withdraws the property from the
1668	boundaries of the district.
1669	(3)  The election by a property owner to withdraw property
1670	from the boundaries of a district under this section shall be
1671	accomplished by filing a certificate in the official records of
1672	the county in which the property is located. The certificate
1673	shall identify the name and mailing address of the owner, the
1674	legal description of the property, the name of the district from
1675	which the property is being withdrawn, and the general location
1676	of the property within the district. The certificate shall
1677	further state that the property has not received benefits from
1678	the district from which the property is to be withdrawn; that
1679	there is no bonded indebtedness owed by the district; and that
1680	the property being withdrawn will not become an enclave within
1681	the district boundaries.
1682	(4)  The property owner shall provide copies of the
1683	recorded certificate to the governing body of the district from
1684	which the property is being withdrawn within days 10 days after
1685	the date that the certificate is recorded. If the district does
1686	not record an objection to the withdrawal of the property in the
1687	public records within 30 days after the recording of the
1688	certificate, identifying the criteria in this section that has
1689	not been met, the withdrawal shall be final, and the property
1690	shall be permanently withdrawn from the boundaries of the
1691	district.
1692	Section 26.  Paragraph (a) of subsection (3) of section
1693	337.11, Florida Statutes, is amended to read:
1694	337.11  Contracting authority of department; bids;
1695	emergency repairs, supplemental agreements, and change orders;
1696	combined design and construction contracts; progress payments;
1697	records; requirements of vehicle registration.--
1698	(3)(a)  On all construction contracts of $250,000 or less,
1699	and any construction contract of less than $500,000 for which
1700	the department has waived prequalification under s. 337.14, the
1701	department shall advertise for bids in a newspaper having
1702	general circulation in the county where the proposed work is
1703	located. Publication shall be at least once a week for no less
1704	than 2 consecutive weeks, and the first publication shall be no
1705	less than 14 days prior to the date on which bids are to be
1706	received.
1707	Section 27.  Subsection (1) of section 337.14, Florida
1708	Statutes, is amended to read:
1709	337.14  Application for qualification; certificate of
1710	qualification; restrictions; request for hearing.--
1711	(1)  Any person desiring to bid for the performance of any
1712	construction contract in excess of $250,000 which the department
1713	proposes to let must first be certified by the department as
1714	qualified pursuant to this section and rules of the department.
1715	The rules of the department shall address the qualification of
1716	persons to bid on construction contracts in excess of $250,000
1717	and shall include requirements with respect to the equipment,
1718	past record, experience, financial resources, and organizational
1719	personnel of the applicant necessary to perform the specific
1720	class of work for which the person seeks certification. The
1721	department is authorized to limit the dollar amount of any
1722	contract upon which a person is qualified to bid or the
1723	aggregate total dollar volume of contracts such person is
1724	allowed to have under contract at any one time. Each applicant
1725	seeking qualification to bid on construction contracts in excess
1726	of $250,000 shall furnish the department a statement under oath,
1727	on such forms as the department may prescribe, setting forth
1728	detailed information as required on the application. Each
1729	application for certification shall be accompanied by the latest
1730	annual financial statement of the applicant completed within the
1731	last 12 months. If the annual financial statement shows the
1732	financial condition of the applicant more than 4 months prior to
1733	the date on which the application is received by the department,
1734	then an interim financial statement must also be submitted. The
1735	interim financial statement must cover the period from the end
1736	date of the annual statement and must show the financial
1737	condition of the applicant no more than 4 months prior to the
1738	date on which the application is received by the department.
1739	Each required annual or interim financial statement must be
1740	audited and accompanied by the opinion of a certified public
1741	accountant or a public accountant approved by the department.
1742	The information required by this subsection is confidential and
1743	exempt from the provisions of s. 119.07(1).  The department
1744	shall act upon the application for qualification within 30 days
1745	after the department determines that the application is
1746	complete. The department may waive the requirements of this
1747	subsection for projects having a contract price of $500,000 or
1748	less if the department determines that the project is of a
1749	noncritical nature and the waiver will not endanger public
1750	health, safety, or property.
1751	Section 28.  Paragraph (a) of subsection (1) of section
1752	337.18, Florida Statutes, is amended to read:
1753	337.18  Surety bonds for construction or maintenance
1754	contracts; requirement with respect to contract award; bond
1755	requirements; defaults; damage assessments.--
1756	(1)(a)  A surety bond shall be required of the successful
1757	bidder in an amount equal to the awarded contract price.
1758	However, the department may choose, in its discretion and
1759	applicable only to multiyear maintenance contracts, to allow for
1760	incremental annual contract bonds that cumulatively total the
1761	full, awarded, multiyear contract price. For a project for which
1762	the contract price is $250,000 $150,000 or less, the department
1763	may waive the requirement for all or a portion of a surety bond
1764	if it determines the project is of a noncritical nature and
1765	nonperformance will not endanger public health, safety, or
1766	property. If the secretary or his designee determines that it is
1767	in the best interests of the department to reduce the bonding
1768	requirement for a project and that to do so will not endanger
1769	public health, safety, or property, the department may waive the
1770	requirement of a surety bond in an amount equal to the awarded
1771	contract price for a project having a contract price of $250
1772	million or more and, in its place, may set a surety bond amount
1773	that is a portion of the total contract price and provide an
1774	alternate means of security for the balance of the contract
1775	amount that is not covered by the surety bond or provide for
1776	incremental surety bonding and provide an alternate means of
1777	security for the balance of the contract amount that is not
1778	covered by the surety bond. Such alternative means of security
1779	may include letters of credit, United States bonds and notes,
1780	parent company guaranties, and cash collateral. The department
1781	may require alternate means of security if a surety bond is
1782	waived. The surety on such bond shall be a surety company
1783	authorized to do business in the state. All bonds shall be
1784	payable to the department and conditioned for the prompt,
1785	faithful, and efficient performance of the contract according to
1786	plans and specifications and within the time period specified,
1787	and for the prompt payment of all persons defined in s. 713.01
1788	furnishing labor, material, equipment, and supplies for work
1789	provided in the contract; however, whenever an improvement,
1790	demolition, or removal contract price is $25,000 or less, the
1791	security may, in the discretion of the bidder, be in the form of
1792	a cashier's check, bank money order of any state or national
1793	bank, certified check, or postal money order. The department
1794	shall adopt rules to implement this subsection. Such rules shall
1795	include provisions under which the department shall refuse to
1796	accept bonds on contracts when a surety wrongfully fails or
1797	refuses to settle or provide a defense for claims or actions
1798	arising under a contract for which the surety previously
1799	furnished a bond.
1800	Section 29.  Subsection (3) is added to section 338.161,
1801	Florida Statutes, to read:
1802	338.161  Authority of department or toll agencies to
1803	advertise and promote electronic toll collection; expanded uses
1804	of electronic toll collection system; studies authorized.--
1805	(3)(a)  The department or any toll agency created by
1806	statute may incur expenses to advertise or promote its
1807	electronic toll collection system to consumers on or off the
1808	turnpike or toll system.
1809	(b)  If the department or any toll agency created by
1810	statute finds that it can increase nontoll revenues or add
1811	convenience or other value for its customers, the department or
1812	toll agency may enter into agreements with any private or public
1813	entity allowing the use of its electronic toll collection system
1814	to pay parking fees for vehicles equipped with a transponder or
1815	similar device. The department or toll agency may initiate
1816	feasibility studies of additional future uses of its electronic
1817	toll collection system and make recommendations to the
1818	Legislature to authorize such uses.
1819	Section 30.  Paragraph (b) of subsection (3) of section
1820	338.2216, Florida Statutes, is amended to read:
1821	338.2216  Florida Turnpike Enterprise; powers and
1822	authority.--
1823	(3)
1824	(b)  Notwithstanding the provisions of s. 216.301 to the
1825	contrary and in accordance with s. 216.351, the Executive Office
1826	of the Governor shall, on July 1 of each year, certify forward
1827	all unexpended funds appropriated or provided pursuant to this
1828	section for the turnpike enterprise. Of the unexpended funds
1829	certified forward, any unencumbered amounts shall be carried
1830	forward. Such funds carried forward shall not exceed 5 percent
1831	of the original approved total operating budget, as defined in
1832	s. 216.181(1), of the turnpike enterprise. Funds carried forward
1833	pursuant to this section may be used for any lawful purpose,
1834	including, but not limited to, promotional and market
1835	activities, technology, and training. Any certified forward
1836	funds remaining undisbursed on September 30 December 31 of each
1837	year shall be carried forward.
1838	Section 31.  Subsection (1) of section 338.2275, Florida
1839	Statutes, is amended to read:
1840	338.2275  Approved turnpike projects.--
1841	(1)  Legislative approval of the department's tentative
1842	work program that contains the turnpike project constitutes
1843	approval to issue bonds as required by s. 11(f), Art. VII of the
1844	State Constitution. No more than $6 billion of bonds may be
1845	outstanding to fund approved turnpike projects. Turnpike
1846	projects approved to be included in future tentative work
1847	programs include, but are not limited to, projects contained in
1848	the 2003-2004 tentative work program. A maximum of $4.5 billion
1849	of bonds may be issued to fund approved turnpike projects.
1850	Section 32.  Paragraph (b) of subsection (1), paragraphs
1851	(a) and (b) of subsection (2), paragraphs (a) and (b) of
1852	subsection (3), and subsections (5) and (12) of section 339.175,
1853	Florida Statutes, are amended, and paragraph (e) is added to
1854	subsection (1) of that section, to read:
1855	339.175  Metropolitan planning organization.--It is the
1856	intent of the Legislature to encourage and promote the safe and
1857	efficient management, operation, and development of surface
1858	transportation systems that will serve the mobility needs of
1859	people and freight within and through urbanized areas of this
1860	state while minimizing transportation-related fuel consumption
1861	and air pollution. To accomplish these objectives, metropolitan
1862	planning organizations, referred to in this section as M.P.O.'s,
1863	shall develop, in cooperation with the state and public transit
1864	operators, transportation plans and programs for metropolitan
1865	areas. The plans and programs for each metropolitan area must
1866	provide for the development and integrated management and
1867	operation of transportation systems and facilities, including
1868	pedestrian walkways and bicycle transportation facilities that
1869	will function as an intermodal transportation system for the
1870	metropolitan area, based upon the prevailing principles provided
1871	in s. 334.046(1). The process for developing such plans and
1872	programs shall provide for consideration of all modes of
1873	transportation and shall be continuing, cooperative, and
1874	comprehensive, to the degree appropriate, based on the
1875	complexity of the transportation problems to be addressed. To
1876	ensure that the process is integrated with the statewide
1877	planning process, M.P.O.'s shall develop plans and programs that
1878	identify transportation facilities that should function as an
1879	integrated metropolitan transportation system, giving emphasis
1880	to facilities that serve important national, state, and regional
1881	transportation functions. For the purposes of this section,
1882	those facilities include the facilities on the Strategic
1883	Intermodal System designated under s. 339.63 and facilities for
1884	which projects have been identified pursuant to s. 339.2819(4).
1885	(1)  DESIGNATION.--
1886	(b)  Each M.P.O. required to be designated by Title 23
1887	U.S.C. shall be created and operated under the provisions of
1888	this section pursuant to an interlocal agreement entered into
1889	pursuant to s. 163.01. The signatories to the interlocal
1890	agreement shall be the department and the governmental entities
1891	designated by the Governor for membership on the M.P.O. Each
1892	M.P.O. shall be considered separate from the state or the
1893	governing body of a local government which is represented on the
1894	governing board of the M.P.O. or which is a signatory to the
1895	interlocal agreement creating the M.P.O. and shall have such
1896	powers and privileges that are provided pursuant to s. 163.01.
1897	If there is a conflict between this section and s. 163.01, this
1898	section prevails.
1899	(e)  The governing body of the M.P.O. shall designate at
1900	least a chair, vice chair, and agency clerk. The chair and vice
1901	chair shall be selected from among the member delegates
1902	comprising the governing board. The agency clerk shall be
1903	charged with the responsibility of preparing meeting minutes and
1904	maintaining agency records. The clerk shall be a member of the
1905	M.P.O. governing board, an employee of the M.P.O., or other
1906	natural person.
1907
1908	Each M.P.O. required under this section must be fully operative
1909	no later than 6 months following its designation.
1910	(2)  VOTING MEMBERSHIP.--
1911	(a)  The voting membership of an M.P.O. shall consist of
1912	not fewer than 5 or more than 19 apportioned members, the exact
1913	number to be determined on an equitable geographic-population
1914	ratio basis by the Governor, based on an agreement among the
1915	affected units of general-purpose local government as required
1916	by federal rules and regulations. The Governor, in accordance
1917	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
1918	represent municipalities to alternate with representatives from
1919	other municipalities within the metropolitan planning area that
1920	do not have members on the M.P.O. County commission members
1921	shall compose not less than one-third of the M.P.O. membership,
1922	except for an M.P.O. with more than 15 members located in a
1923	county with a 5-member five-member county commission or an
1924	M.P.O. with 19 members located in a county with no more than 6
1925	county commissioners, in which case county commission members
1926	may compose less than one-third percent of the M.P.O.
1927	membership, but all county commissioners must be members. All
1928	voting members shall be elected officials of general-purpose
1929	local governments, except that an M.P.O. may include, as part of
1930	its apportioned voting members, a member of a statutorily
1931	authorized planning board, an official of an agency that
1932	operates or administers a major mode of transportation, or an
1933	official of the Florida Space Authority. As used in this
1934	section, elected officials of a general-purpose local government
1935	shall exclude constitutional officers, including sheriffs, tax
1936	collectors, supervisors of elections, property appraisers,
1937	clerks of the court, and similar types of officials. County
1938	commissioners The county commission shall compose not less than
1939	20 percent of the M.P.O. membership if an official of an agency
1940	that operates or administers a major mode of transportation has
1941	been appointed to an M.P.O.
1942	(b)  In metropolitan areas in which authorities or other
1943	agencies have been or may be created by law to perform
1944	transportation functions and are performing transportation
1945	functions that are not under the jurisdiction of a general-
1946	purpose general purpose local government represented on the
1947	M.P.O., they shall be provided voting membership on the M.P.O.
1948	In all other M.P.O.'s where transportation authorities or
1949	agencies are to be represented by elected officials from
1950	general-purpose general purpose local governments, the M.P.O.
1951	shall establish a process by which the collective interests of
1952	such authorities or other agencies are expressed and conveyed.
1953	(3)  APPORTIONMENT.--
1954	(a)  The Governor shall, with the agreement of the affected
1955	units of general-purpose local government as required by federal
1956	rules and regulations, apportion the membership on the
1957	applicable M.P.O. among the various governmental entities within
1958	the area. At the request of a majority of the affected units of
1959	general-purpose local government comprising an M.P.O., the
1960	Governor and a majority of units of general-purpose local
1961	government serving on an M.P.O. shall cooperatively agree upon
1962	and prescribe who may serve as an alternate member and shall
1963	prescribe a method for appointing alternate members who may vote
1964	at any M.P.O. meeting that an alternate member attends in place
1965	of a regular member. The method shall be set forth as a part of
1966	the interlocal agreement describing the M.P.O.'s membership or
1967	in the M.P.O.'s operating procedures and bylaws. An appointed
1968	alternate member must be an elected official serving the same
1969	governmental entity or a general-purpose local government with
1970	jurisdiction within all or part of the area that the regular
1971	member serves. The governmental entity so designated shall
1972	appoint the appropriate number of members to the M.P.O. from
1973	eligible officials. Representatives of the department shall
1974	serve as nonvoting members of the M.P.O. governing board.
1975	Nonvoting advisers may be appointed by the M.P.O. as deemed
1976	necessary; however, to the maximum extent feasible, each M.P.O.
1977	shall seek to appoint nonvoting representatives of various
1978	multimodal forms of transportation not otherwise represented by
1979	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
1980	advisers representing major military installations upon the
1981	request of the major military installations and subject to the
1982	agreement of the M.P.O. All nonvoting advisers may attend and
1983	participate fully in governing board meetings but shall not have
1984	a vote and shall not be members of the governing board. The
1985	Governor shall review the composition of the M.P.O. membership
1986	in conjunction with the decennial census as prepared by the
1987	United States Department of Commerce, Bureau of the Census, and
1988	reapportion it as necessary to comply with subsection (2).
1989	(b)  Except for members who represent municipalities on the
1990	basis of alternating with representatives from other
1991	municipalities that do not have members on the M.P.O. as
1992	provided in paragraph (2)(a), the members of an M.P.O. shall
1993	serve 4-year terms. Members who represent municipalities on the
1994	basis of alternating with representatives from other
1995	municipalities that do not have members on the M.P.O. as
1996	provided in paragraph (2)(a) may serve terms of up to 4 years as
1997	further provided in the interlocal agreement described in
1998	paragraph (1)(b). The membership of a member who is a public
1999	official automatically terminates upon the member's leaving his
2000	or her elective or appointive office for any reason, or may be
2001	terminated by a majority vote of the total membership of the
2002	entity's governing board a county or city governing entity
2003	represented by the member. A vacancy shall be filled by the
2004	original appointing entity. A member may be reappointed for one
2005	or more additional 4-year terms.
2006	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2007	privileges, and authority of an M.P.O. are those specified in
2008	this section or incorporated in an interlocal agreement
2009	authorized under s. 163.01. Each M.P.O. shall perform all acts
2010	required by federal or state laws or rules, now and subsequently
2011	applicable, which are necessary to qualify for federal aid. It
2012	is the intent of this section that each M.P.O. shall be involved
2013	in the planning and programming of transportation facilities,
2014	including, but not limited to, airports, intercity and high-
2015	speed rail lines, seaports, and intermodal facilities, to the
2016	extent permitted by state or federal law.
2017	(a)  Each M.P.O. shall, in cooperation with the department,
2018	develop:
2019	1.  A long-range transportation plan pursuant to the
2020	requirements of subsection (6);
2021	2.  An annually updated transportation improvement program
2022	pursuant to the requirements of subsection (7); and
2023	3.  An annual unified planning work program pursuant to the
2024	requirements of subsection (8).
2025	(b)  In developing the long-range transportation plan and
2026	the transportation improvement program required under paragraph
2027	(a), each M.P.O. shall provide for consideration of projects and
2028	strategies that will:
2029	1.  Support the economic vitality of the metropolitan area,
2030	especially by enabling global competitiveness, productivity, and
2031	efficiency;
2032	2.  Increase the safety and security of the transportation
2033	system for motorized and nonmotorized users;
2034	3.  Increase the accessibility and mobility options
2035	available to people and for freight;
2036	4.  Protect and enhance the environment, promote energy
2037	conservation, and improve quality of life;
2038	5.  Enhance the integration and connectivity of the
2039	transportation system, across and between modes, for people and
2040	freight;
2041	6.  Promote efficient system management and operation; and
2042	7.  Emphasize the preservation of the existing
2043	transportation system.
2044	(c)  In order to provide recommendations to the department
2045	and local governmental entities regarding transportation plans
2046	and programs, each M.P.O. shall:
2047	1.  Prepare a congestion management system for the
2048	metropolitan area and cooperate with the department in the
2049	development of all other transportation management systems
2050	required by state or federal law;
2051	2.  Assist the department in mapping transportation
2052	planning boundaries required by state or federal law;
2053	3.  Assist the department in performing its duties relating
2054	to access management, functional classification of roads, and
2055	data collection;
2056	4.  Execute all agreements or certifications necessary to
2057	comply with applicable state or federal law;
2058	5.  Represent all the jurisdictional areas within the
2059	metropolitan area in the formulation of transportation plans and
2060	programs required by this section; and
2061	6.  Perform all other duties required by state or federal
2062	law.
2063	(d)  Each M.P.O. shall appoint a technical advisory
2064	committee that includes planners; engineers; representatives of
2065	local aviation authorities, port authorities, and public transit
2066	authorities or representatives of aviation departments, seaport
2067	departments, and public transit departments of municipal or
2068	county governments, as applicable; the school superintendent of
2069	each county within the jurisdiction of the M.P.O. or the
2070	superintendent's designee; and other appropriate representatives
2071	of affected local governments. In addition to any other duties
2072	assigned to it by the M.P.O. or by state or federal law, the
2073	technical advisory committee is responsible for considering safe
2074	access to schools in its review of transportation project
2075	priorities, long-range transportation plans, and transportation
2076	improvement programs, and shall advise the M.P.O. on such
2077	matters. In addition, the technical advisory committee shall
2078	coordinate its actions with local school boards and other local
2079	programs and organizations within the metropolitan area which
2080	participate in school safety activities, such as locally
2081	established community traffic safety teams. Local school boards
2082	must provide the appropriate M.P.O. with information concerning
2083	future school sites and in the coordination of transportation
2084	service.
2085	(e)1.  Each M.P.O. shall appoint a citizens' advisory
2086	committee, the members of which serve at the pleasure of the
2087	M.P.O. The membership on the citizens' advisory committee must
2088	reflect a broad cross section of local residents with an
2089	interest in the development of an efficient, safe, and cost-
2090	effective transportation system. Minorities, the elderly, and
2091	the handicapped must be adequately represented.
2092	2.  Notwithstanding the provisions of subparagraph 1., an
2093	M.P.O. may, with the approval of the department and the
2094	applicable federal governmental agency, adopt an alternative
2095	program or mechanism to ensure citizen involvement in the
2096	transportation planning process.
2097	(f)  The department shall allocate to each M.P.O., for the
2098	purpose of accomplishing its transportation planning and
2099	programming duties, an appropriate amount of federal
2100	transportation planning funds.
2101	(g)  Each M.P.O. shall have an executive or staff director
2102	who reports directly to the M.P.O. governing board for all
2103	matters regarding the administration and operation of the
2104	M.P.O., and any additional personnel as deemed necessary. The
2105	executive director and any additional personnel may be employed
2106	either by an M.P.O. or by another governmental entity, such as a
2107	county, city, or regional planning council, which has a staff
2108	services agreement signed and in effect between the M.P.O. and
2109	that governmental entity. Each M.P.O. may employ personnel or
2110	may enter into contracts with local or state agencies, private
2111	planning firms, or private engineering firms, or other public or
2112	private entities to accomplish its transportation planning and
2113	programming duties and administrative functions required by
2114	state or federal law.
2115	(h)  Each M.P.O. shall provide training opportunities for
2116	local elected officials and others who serve on an M.P.O. in
2117	order to enhance their knowledge, effectiveness, and
2118	participation in the urbanized area transportation planning
2119	process. The training opportunities may be conducted by an
2120	individual M.P.O. or through statewide and federal training
2121	programs and initiatives that are specifically designed to meet
2122	the needs of M.P.O. board members.
2123	(i)(h)  A chair's coordinating committee is created,
2124	composed of the M.P.O.'s serving Hernando, Hillsborough,
2125	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
2126	committee must, at a minimum:
2127	1.  Coordinate transportation projects deemed to be
2128	regionally significant by the committee.
2129	2.  Review the impact of regionally significant land use
2130	decisions on the region.
2131	3.  Review all proposed regionally significant
2132	transportation projects in the respective transportation
2133	improvement programs which affect more than one of the M.P.O.'s
2134	represented on the committee.
2135	4.  Institute a conflict resolution process to address any
2136	conflict that may arise in the planning and programming of such
2137	regionally significant projects.
2138	(j)(i)1.  The Legislature finds that the state's rapid
2139	growth in recent decades has caused many urbanized areas subject
2140	to M.P.O. jurisdiction to become contiguous to each other. As a
2141	result, various transportation projects may cross from the
2142	jurisdiction of one M.P.O. into the jurisdiction of another
2143	M.P.O.  To more fully accomplish the purposes for which M.P.O.'s
2144	have been mandated, M.P.O.'s shall develop coordination
2145	mechanisms with one another to expand and improve transportation
2146	within the state.  The appropriate method of coordination
2147	between M.P.O.'s shall vary depending upon the project involved
2148	and given local and regional needs.  Consequently, it is
2149	appropriate to set forth a flexible methodology that can be used
2150	by M.P.O.'s to coordinate with other M.P.O.'s and appropriate
2151	political subdivisions as circumstances demand.
2152	2.  Any M.P.O. may join with any other M.P.O. or any
2153	individual political subdivision to coordinate activities or to
2154	achieve any federal or state transportation planning or
2155	development goals or purposes consistent with federal or state
2156	law. When an M.P.O. determines that it is appropriate to join
2157	with another M.P.O. or any political subdivision to coordinate
2158	activities, the M.P.O. or political subdivision shall enter into
2159	an interlocal agreement pursuant to s. 163.01, which, at a
2160	minimum, creates a separate legal or administrative entity to
2161	coordinate the transportation planning or development activities
2162	required to achieve the goal or purpose; provides provide the
2163	purpose for which the entity is created; provides provide the
2164	duration of the agreement and the entity, and specifies specify
2165	how the agreement may be terminated, modified, or rescinded;
2166	describes describe the precise organization of the entity,
2167	including who has voting rights on the governing board, whether
2168	alternative voting members are provided for, how voting members
2169	are appointed, and what the relative voting strength is for each
2170	constituent M.P.O. or political subdivision; provides provide
2171	the manner in which the parties to the agreement will provide
2172	for the financial support of the entity and payment of costs and
2173	expenses of the entity; provides provide the manner in which
2174	funds may be paid to and disbursed from the entity; and provides
2175	provide how members of the entity will resolve disagreements
2176	regarding interpretation of the interlocal agreement or disputes
2177	relating to the operation of the entity. Such interlocal
2178	agreement shall become effective upon its recordation in the
2179	official public records of each county in which a member of the
2180	entity created by the interlocal agreement has a voting member.
2181	This paragraph does not require any M.P.O.'s to merge, combine,
2182	or otherwise join together as a single M.P.O.
2183	(12)  VOTING REQUIREMENTS.--Each long-range transportation
2184	plan required pursuant to subsection (6), each annually updated
2185	Transportation Improvement Program required under subsection
2186	(7), and each amendment that affects projects in the first 3
2187	years of such plans and programs must be approved by each M.P.O.
2188	by a supermajority of a majority plus one on a recorded roll
2189	call vote or hand-counted vote of the membership present.
2190	Section 33.  Subsection (2) of section 339.2819, Florida
2191	Statutes, is amended to read:
2192	339.2819  Transportation Regional Incentive Program.--
2193	(2)  The percentage of matching funds provided from the
2194	Transportation Regional Incentive Program shall be 50 percent of
2195	project costs, or up to 50 percent of the nonfederal share of
2196	the eligible project cost for a public transportation facility
2197	project.
2198	Section 34.  Section 339.282, Florida Statutes, is created
2199	to read:
2200	339.282  Transportation concurrency incentives.--The
2201	Legislature finds that allowing private-sector entities to
2202	finance, construct, and improve public transportation facilities
2203	can provide significant benefits to the citizens of this state
2204	by facilitating transportation of the general public without the
2205	need for additional public tax revenues. In order to encourage
2206	the more efficient and proactive provision of transportation
2207	improvements by the private sector, if a developer or property
2208	owner voluntarily contributes right-of-way and physically
2209	constructs or expands a state transportation facility or segment
2210	and such construction or expansion improves traffic flow,
2211	capacity, or safety, the voluntary contribution may be applied
2212	as a credit for that property owner or developer against any
2213	future transportation concurrency requirements pursuant to
2214	chapter 163, provided such contributions and credits are set
2215	forth in a legally binding agreement executed by the property
2216	owner or developer, the local government within whose
2217	jurisdiction the facility is located, and the department. If the
2218	developer or property owner voluntarily contributes right-of-way
2219	and physically constructs or expands a local government
2220	transportation facility or segment and such construction or
2221	expansion meets the requirements in this section and in a
2222	legally binding agreement between the property owner or
2223	developer and the applicable local government, the contribution
2224	to the local government collector and arterial system may be
2225	applied as a credit against any future transportation
2226	concurrency requirements pursuant to chapter 163.
2227	Section 35.  Subsection (4) of section 339.55, Florida
2228	Statutes, is amended, and paragraph (c) is added to subsection
2229	(2) and paragraph (j) is added to subsection (7) of that
2230	section, to read:
2231	339.55  State-funded infrastructure bank.--
2232	(2)  The bank may lend capital costs or provide credit
2233	enhancements for:
2234	(c)1.  Emergency loans for damages incurred to public-use
2235	commercial deepwater seaports, public-use airports, and other
2236	public-use transit and intermodal facilities that are within an
2237	area that is part of an official state declaration of emergency
2238	pursuant to chapter 252 and all other applicable laws. Such
2239	loans:
2240	a.  May not exceed 24 months in duration except in extreme
2241	circumstances, for which the Secretary of Transportation may
2242	grant up to 36 months.
2243	b.  Require application from the recipient to the
2244	department that includes documentation of damage claims filed
2245	with the Federal Emergency Management Agency or an applicable
2246	insurance carrier.
2247	c.  Are subject to approval by the secretary.
2248	2.  Loans provided under this paragraph must be repaid upon
2249	receipt by the recipient of eligible program funding for damages
2250	in accordance with the claims filed with the Federal Emergency
2251	Management Agency or an applicable insurance carrier, but no
2252	later than the duration of the loan.
2253	(4)  Loans from the bank may bear interest at or below
2254	market interest rates, as determined by the department.
2255	Repayment of any loan from the bank shall commence not later
2256	than 5 years after the project has been completed or, in the
2257	case of a highway project, the facility has opened to traffic,
2258	whichever is later, and shall be repaid in no more than 30
2259	years, except for loans provided under paragraph (2)(c), which
2260	shall be repaid in no more than 36 months.
2261	(7)  The department may consider, but is not limited to,
2262	the following criteria for evaluation of projects for assistance
2263	from the bank:
2264	(j)  The extent to which damage from a disaster that
2265	results in a declaration of emergency has impacted a public
2266	transportation facility's ability to maintain its previous level
2267	of service and remain accessible to the public or has had a
2268	major impact on the cash flow or revenue-generation ability of
2269	the public-use facility.
2270	Section 36.  Paragraph (b) of subsection (1) of section
2271	343.54, Florida Statutes, is amended to read:
2272	343.54  Powers and duties.--
2273	(1)
2274	(b)  It is the express intention of this part that the
2275	authority be authorized to plan, develop, own, purchase, lease,
2276	or otherwise acquire, demolish, construct, improve, relocate,
2277	equip, repair, maintain, operate, and manage a transit system
2278	and transit facilities; to establish and determine the policies
2279	necessary for the best interest of the operation and promotion
2280	of a transit system; and to adopt rules necessary to govern the
2281	operation of a transit commuter rail system and transit commuter
2282	rail facilities. It is the intent of the Legislature that the
2283	South Florida Regional Transportation Authority shall have
2284	overall authority to coordinate, develop, and operate a regional
2285	transportation system within the area served.
2286	Section 37.  Subsection (4) is added to section 343.55,
2287	Florida Statutes, to read:
2288	343.55  Issuance of revenue bonds.--
2289	(4)  The state pledges to and agrees with any person, firm,
2290	corporation, or federal or state agency subscribing to or
2291	acquiring the bonds to be issued by the authority for the
2292	purposes of the South Florida Regional Transportation Authority
2293	Act that the state will not limit or alter the rights vested in
2294	the authority under this section until all bonds at any time
2295	issued and secured by revenues remitted to the authority
2296	pursuant to s. 343.58, together with the interest thereon, are
2297	fully paid and discharged, insofar as the same affects the
2298	rights of the holders of bonds issued under this section.
2299	Section 38.  Section 343.58, Florida Statutes, is amended
2300	to read:
2301	343.58  County funding for the South Florida Regional
2302	Transportation Authority.--
2303	(1)  Each county served by the South Florida Regional
2304	Transportation Authority must dedicate and transfer not less
2305	than $2.67 million to the authority annually. The recurring
2306	annual $2.67 million must be dedicated by the governing body of
2307	each county prior to October 31 of each fiscal year by August 1,
2308	2003. Notwithstanding ss. 206.41 and 206.87, such dedicated
2309	funding may come from each county's share of the ninth-cent fuel
2310	tax, the local option fuel tax, or any other source of local gas
2311	taxes or other nonfederal funds available to the counties. In
2312	addition, the Legislature authorizes the levy of an annual
2313	license tax in the amount of $2 for the registration or renewal
2314	of registration of each vehicle taxed under s. 320.08 and
2315	registered in the area served by the South Florida Regional
2316	Transportation Authority. The annual license tax shall take
2317	effect in any county served by the authority upon approval by
2318	the residents in a county served by the authority. The annual
2319	license tax shall be levied and the Department of Highway Safety
2320	and Motor Vehicles shall remit the proceeds each month from the
2321	tax to the South Florida Regional Transportation Authority.
2322	(2)  At least $45 million of a state-authorized, local
2323	option recurring funding source available to Broward, Miami-
2324	Dade, and Palm Beach Counties shall be directed to the authority
2325	to fund its capital, operating, and maintenance expenses. The
2326	funding source shall be dedicated to the authority only if
2327	Broward, Miami-Dade, and Palm Beach Counties each impose the
2328	local-option funding source.
2329	(3)(2)  In addition, each county shall continue to annually
2330	fund the operations of the South Florida Regional Transportation
2331	Authority in an amount not less than $4.2 $1.565 million.
2332	Revenue raised Such funds pursuant to this subsection shall also
2333	be considered a dedicated funding source.
2334	(4)  The current funding obligations under subsections (1)
2335	and (3) shall cease upon commencement of the collection of
2336	funding from the funding source under subsection (2). Should the
2337	funding under subsection (2) be discontinued for any reason, the
2338	funding obligations under subsections (1) and (3) shall resume
2339	when collection from the funding source under subsection (2)
2340	ceases. Payment by the counties shall be on a pro rata basis the
2341	first year following cessation of the funding under subsection
2342	(2). The authority shall refund a pro rata share of the payments
2343	for the current fiscal year made pursuant to the current funding
2344	obligations under subsections (1) and (3) as soon as reasonably
2345	practicable after it begins to receive funds under subsection
2346	(2).
2347	(5)  If, by December 31, 2015 2009, the South Florida
2348	Regional Transportation Authority has not received federal
2349	matching funds based upon the dedication of funds under
2350	subsection (1), subsection (1) shall be repealed.
2351	Section 39.  Section 343.71, Florida Statutes, is amended
2352	to read:
2353	343.71  Short title.--This part may be cited as the "Tampa
2354	Bay Regional Transportation Commuter Transit Authority Act."
2355	Section 40.  Section 343.72, Florida Statutes, is amended
2356	to read:
2357	343.72  Definitions.--
2358	(1)  As used in this part, unless the context clearly
2359	indicates otherwise, the term:
2360	(a)(1)  "Authority" means the Tampa Bay Regional
2361	Transportation Commuter Transit Authority, the body politic and
2362	corporate and agency of the state created by this part.
2363	(b)(2)  "Board" means the governing body of the authority.
2364	(c)  "Bonds" means the notes, bonds, refunding bonds, or
2365	other evidences of indebtedness or obligations, in either
2366	temporary or definitive form, which the authority is authorized
2367	to issue under this part.
2368	(d)  "Commuter ferry" means a complete ferry system of
2369	boats, docks, and stations necessary to effectuate the movement
2370	of people by water to or from feeder transit services, commuter
2371	railroads, bus services, or fixed-guideway systems.
2372	(e)  "Commuter rail facilities" means property and avenues
2373	of access required for the commuter rail or fixed-guideway
2374	systems.
2375	(f)(3)  "Commuter railroad" means a complete system of
2376	tracks, guideways, stations, and rolling stock necessary to
2377	effectuate medium-distance to long-distance passenger rail
2378	service to, from, or within the surrounding regional
2379	municipalities.
2380	(g)  "Department" means the Florida Department of
2381	Transportation.
2382	(h)  "Feeder transit services" means fixed-guideway or bus
2383	service to transport passengers to rail or ferry stations.
2384	(i)  "Lease-purchase agreement" means the lease-purchase
2385	agreements that the authority is authorized under this part to
2386	enter into with the department.
2387	(j)  "Limited access expressway" or "expressway" means a
2388	street or highway especially designed for through traffic and
2389	over, from, or to which a person does not have the right of
2390	easement, use, or access except in accordance with the rules
2391	adopted and established by the authority for the use of such
2392	facility. Such a highway or street may be a parkway, from which
2393	trucks, buses, and other commercial vehicles are excluded, or it
2394	may be a freeway open to use by all customary forms of street
2395	and highway traffic.
2396	(4)  "Commuter rail facilities" means property and avenues
2397	of access required for the commuter rail or fixed-guideway
2398	systems.
2399	(k)(5)  "Member" means the individuals constituting the
2400	authority board.
2401	(l)  "State Board of Administration" means the body
2402	corporate existing under the provisions of s. 9, Art. XII of the
2403	State Constitution, or any successor thereto.
2404	(2)  Terms importing singular number include the plural
2405	number in each case and vice versa, and terms importing persons
2406	include firms and corporations.
2407	(6)  "Feeder transit services" means fixed guideway or bus
2408	service to transport passengers to rail or ferry stations.
2409	(7)  "Commuter ferry" means a complete ferry system of
2410	boats, docks, and stations necessary to effectuate the movement
2411	of people by water to or from feeder transit services, commuter
2412	railroads, bus or fixed-guideway systems.
2413	Section 41.  Section 343.73, Florida Statutes, is amended
2414	to read:
2415	343.73  Tampa Bay Regional Transportation Commuter Transit
2416	Authority.--
2417	(1)  There is created and established a body politic and
2418	corporate, an agency of the state, to be known as the Tampa Bay
2419	Regional Transportation Commuter Transit Authority, hereinafter
2420	referred to as the authority.
2421	(2)  The board shall consist of the following voting
2422	members:
2423	(a)  The metropolitan planning organizations of Hernando,
2424	Hillsborough, Pasco, Pinellas, Manatee, Sarasota, and Polk
2425	Counties shall each elect a member as its representative on the
2426	board. The member must be an elected official and a member of
2427	the respective metropolitan planning organization when elected
2428	and for the full extent of his or her term on the board.
2429	(a)(b)  The county commissions of Citrus, Hernando,
2430	Hillsborough, Pasco, Pinellas, Manatee, Sarasota, and Polk those
2431	Counties shall each appoint a citizen member to the board who is
2432	not a county commissioner but who is a resident and a qualified
2433	elector of that county. Insofar as is practicable, the citizen
2434	member shall represent the business and civic interests of the
2435	community.
2436	(c)  The Secretary of Transportation shall appoint as a
2437	member of the board the district secretary, or his or her
2438	designee, for each district within the seven counties served by
2439	the authority.
2440	(d)  The local transit authority in each of the seven
2441	counties shall elect one member who shall serve as an ex officio
2442	nonvoting member of the board.
2443	(b)(e)  The Governor shall appoint one member to the board
2444	who is a resident and a qualified elector in the area served by
2445	the authority.
2446	(c)  The Chairs Coordinating Council shall appoint one
2447	member to the board who is a resident and a qualified elector in
2448	the area served by the authority.
2449	(3)(a)  The local transit authority in each of the eight
2450	counties shall elect one member who shall serve as an ex
2451	officio, nonvoting member of the board.
2452	(b)  The Secretary of Transportation shall appoint as an ex
2453	officio, nonvoting member of the board the district secretary,
2454	or his or her designee, for each district within the eight
2455	counties served by the authority.
2456	(4)(3)  The terms of the appointees county commissioners on
2457	the governing board of the authority shall be 2 years. All other
2458	members on the governing board of the authority shall serve
2459	staggered 4-year terms. Each member shall hold office until his
2460	or her successor has been appointed.
2461	(5)(4)  A vacancy during a term shall be filled by the
2462	respective appointing authority within 90 days in the same
2463	manner as the original appointment and only for the balance of
2464	the unexpired term.
2465	(6)(5)  The members of the authority shall serve without
2466	not be entitled to compensation, but shall be entitled to
2467	receive from the authority their reimbursed for travel expenses
2468	and per diem actually incurred in connection with the business
2469	of the authority their duties as provided in s. 112.061 by law.
2470	(7)(6)  Members of the authority shall be required to
2471	comply with the applicable financial disclosure requirements of
2472	ss. 112.3145, 112.3148, and 112.3149.
2473	(8)  The authority may employ an executive director, an
2474	executive secretary, its own counsel and legal staff, technical
2475	experts, engineers, and such employees, permanent or temporary,
2476	as it may require. The authority shall determine the
2477	qualifications and fix the compensation of such persons, firms,
2478	or corporations and may employ a fiscal agent or agents;
2479	however, the authority shall solicit sealed proposals from at
2480	least three persons, firms, or corporations for the performance
2481	of any services as fiscal agents. The authority may delegate, as
2482	it shall deem necessary, its power to one or more of its agents
2483	or employees to carry out the purposes of this part, subject
2484	always to the supervision and control of the authority.
2485	(9)  The authority may establish technical advisory
2486	committees to provide guidance and advice on regional
2487	transportation issues. The authority shall establish the size,
2488	composition, and focus of any technical advisory committee
2489	created. Persons appointed to a technical advisory committee
2490	shall serve without compensation but shall be entitled to per
2491	diem or travel expenses, as provided in s. 112.061.
2492	Section 42.  Section 343.74, Florida Statutes, is
2493	renumbered as section 343.735, Florida Statutes, and amended to
2494	read:
2495	343.735343.74  Powers and duties.--
2496	(1)  The express purposes of the authority are to improve
2497	mobility and expand transportation options in the Tampa Bay
2498	region.
2499	(2)(a)  The authority created by s. 343.73 has the right to
2500	own, operate, maintain, and manage a commuter rail system and
2501	commuter ferry system in Citrus, Hernando, Hillsborough, Pasco,
2502	Pinellas, Manatee, Sarasota, and Polk Counties.
2503	(b)  It is the express intention of this part that The
2504	authority is be authorized to plan, develop, own, purchase,
2505	lease, or otherwise acquire, demolish, construct, improve,
2506	relocate, equip, repair, maintain, operate, and manage a
2507	commuter rail system, commuter rail facilities, or commuter
2508	ferry system; to establish and determine such policies as may be
2509	necessary for the best interest of the operation and promotion
2510	of a commuter rail system and commuter ferry system; and to
2511	adopt such rules as may be necessary to govern the operation of
2512	a commuter rail system, commuter rail facilities, and a commuter
2513	ferry system.
2514	(b)  The authority is also authorized to construct any
2515	feeder roads, reliever roads, connector roads, bypasses, or
2516	appurtenant facilities that are intended to improve mobility in
2517	the Tampa Bay region. These projects may also include all
2518	necessary approaches, roads, bridges, and avenues of access that
2519	are desirable and proper with the concurrence, where applicable,
2520	of the department if the project is to be part of the State
2521	Highway System. Any transportation facilities constructed by the
2522	authority may be tolled.
2523	(3)(a)  The authority shall develop and adopt a regional
2524	transportation master plan no later than July 1, 2008. The goals
2525	and objectives of the master plan are to identify areas of the
2526	Tampa Bay region where mobility, traffic safety, and efficient
2527	hurricane evacuation need to be improved; identify areas of the
2528	region where multimodal transportation systems would be most
2529	beneficial for mobility and economic development; develop
2530	methods of building partnerships with local governments,
2531	expressway authorities, other local, state, and federal
2532	entities, the private-sector business community, and the public
2533	in support of regional transportation improvements; identify
2534	projects that will accomplish these goals and objectives; and
2535	identify the costs of the proposed projects and revenue sources
2536	that could be used to pay those costs. The master plan shall
2537	incorporate updates to previous plans the authority has
2538	completed on regional commuter rail and ferry service.
2539	(b)  After its adoption, the master plan shall be updated
2540	annually before July 1.
2541	(c)  The authority shall present the original master plan
2542	and updates to the governing bodies of the counties within the
2543	eight-county region and to the legislative delegation members
2544	representing those counties within 90 days after adoption.
2545	(4)  The authority may undertake projects or other
2546	improvements in the master plan in phases as particular projects
2547	or segments become feasible, as determined by the authority. In
2548	carrying out its purposes and powers, the authority may request
2549	funding and technical assistance from the department and
2550	appropriate federal and local agencies, including, but not
2551	limited to, state infrastructure bank loans, advances from the
2552	Toll Facilities Revolving Trust Fund, and funding and technical
2553	assistance from any other source.
2554	(5)(2)  The authority is granted and may exercise all
2555	powers necessary, appurtenant, convenient, or incidental to the
2556	carrying out of the aforesaid purposes, including, but not
2557	limited to, the following rights and powers:
2558	(a)  To sue and be sued, implead and be impleaded, complain
2559	and defend in all courts in its own name.
2560	(b)  To adopt and use a corporate seal.
2561	(c)  To have the power of eminent domain, including the
2562	procedural powers granted under chapters 73 and 74.
2563	(d)  To acquire by donation or otherwise, purchase, hold,
2564	construct, maintain, improve, operate, own, lease as a lessee,
2565	and use any franchise or property, real, personal, or mixed,
2566	tangible or intangible, or any option thereof in its own name or
2567	in conjunction with others, or any interest therein, necessary
2568	or desirable for carrying out the purposes of the authority.
2569	(e)  To sell, convey, exchange, lease as a lessor,
2570	transfer, or otherwise dispose of any real or personal property,
2571	or interest therein, acquired by the authority, including air
2572	rights.
2573	(f)  To fix, alter, establish, and collect rates, fares,
2574	fees, rentals, tolls, and other charges for the services and use
2575	of any commuter rail system or facilities, or any commuter ferry
2576	system, or any feeder roads, bridges, or other transportation
2577	facilities owned or operated by the authority. These rates,
2578	fares, fees, rentals, tolls, and other charges shall always be
2579	sufficient to comply with any covenants made with the holders of
2580	any bonds issued pursuant to this part; however, such right and
2581	power may be assigned or delegated by the authority to the
2582	department. The authority may not impose tolls or other charges
2583	on existing highways and other transportation facilities within
2584	the eight-county Tampa Bay region.
2585	(g)  To borrow money and to make and issue negotiable
2586	notes, bonds, refunding bonds, and other evidences of
2587	indebtedness or obligations, either in temporary or definitive
2588	form, hereinafter in this chapter sometimes called "revenue
2589	bonds" of the authority, for the purpose of financing all or
2590	part of the mobility improvements within the Tampa Bay region,
2591	as well as the appurtenant facilities, including all rail
2592	stations, approaches, streets, roads, bridges, and avenues of
2593	access authorized by this part, the bonds to mature not
2594	exceeding 40 years after the date of the issuance thereof, and
2595	to secure the payment of such bonds or any part thereof by a
2596	pledge of any or all of its revenues, rates, fees, rentals, or
2597	other charges.
2598	(h)(g)  To develop and provide feeder transit services to
2599	rail and commuter ferry stations.
2600	(i)(h)  To adopt bylaws for the regulation of the affairs
2601	and the conduct of the business of the authority. The bylaws
2602	shall provide for quorum and voting requirements, maintenance of
2603	minutes and other official records, and preparation and adoption
2604	of an annual budget.
2605	(j)(i)  To lease, rent, or contract for the operation or
2606	management of any part of a commuter rail system, commuter rail
2607	facility, or commuter ferry system, including feeder transit
2608	services and concessions, or any other transportation facility.
2609	In awarding any contracts, the authority shall consider, but is
2610	not limited to, the following:
2611	1.  The qualifications of each applicant.
2612	2.  The level of service.
2613	3.  The efficiency, cost, and anticipated revenue.
2614	4.  The construction, operation, and management plan.
2615	5.  The financial ability to provide reliable service.
2616	6.  The impact on other transportation modes, including the
2617	ability to interface with other transportation modes and
2618	facilities.
2619	(k)(j)  To enforce collection of rates, fees, tolls, and
2620	charges, and to establish and enforce fines and penalties for
2621	violations of any rules.
2622	(l)(k)  To advertise and promote commuter rail systems,
2623	commuter ferry systems, facilities, other transportation
2624	facilities, and the general activities of the authority.
2625	(l)  To employ an executive director, attorney, staff, and
2626	consultants.
2627	(m)  To cooperate with other governmental entities and to
2628	contract with other governmental agencies, including the
2629	Department of Transportation, the Federal Government, counties,
2630	municipalities, and seaport, and airport, expressway, bridge,
2631	and transit authorities.
2632	(n)  To enter into joint development agreements,
2633	partnerships, and other agreements with public and private
2634	entities respecting ownership and revenue participation in order
2635	to facilitate financing and constructing any project or portions
2636	thereof.
2637	(o)  To accept grants and other funds from other
2638	governmental sources and to accept private donations.
2639	(p)  To purchase directly from local, national, or
2640	international insurance companies liability insurance that the
2641	authority is contractually and legally obligated to provide, the
2642	requirements of s. 287.022(1) notwithstanding.
2643	(q)  To enter into and make lease-purchase agreements with
2644	the department for terms not exceeding 40 years or until any
2645	bonds secured by a pledge of rentals thereunder, and any
2646	refundings thereof, are fully paid as to both principal and
2647	interest, whichever is longer.
2648	(r)  To make contracts of every name and nature, including,
2649	but not limited to, partnerships providing for participation in
2650	ownership and revenues, and to execute all instruments necessary
2651	or convenient for the carrying on of its business.
2652	(s)  To do all acts and things necessary or convenient for
2653	the conduct of its business and the general welfare of the
2654	authority in order to carry out the powers granted to it by this
2655	part or any other law.
2656	(3)  The authority shall develop and adopt a plan for the
2657	development of the Tampa Bay Commuter Rail or Commuter Ferry
2658	Service. Such plan shall address the authority's plan for the
2659	development of public and private revenue sources, funding of
2660	operating and capital costs, the service to be provided and the
2661	extent to which counties within the authority are to be served.
2662	The plan shall be reviewed and updated annually. Such plan shall
2663	be consistent, to the maximum extent feasible, with the approved
2664	local government comprehensive plan of the units of local
2665	government served by the authority.
2666	(6)(4)  The authority shall institute procedures to ensure
2667	that jobs created as a result of state funding pursuant to this
2668	section shall be subject to equal opportunity hiring practices
2669	as provided for in s. 110.112.
2670	(7)(5)  The authority shall comply with all statutory
2671	requirements of general application which relate to the filing
2672	of any report or documentation required by law, including the
2673	requirements of ss. 189.4085, 189.415, 189.417, and 189.418.
2674	(8)  The authority does not have power at any time or in
2675	any manner to pledge the credit or taxing power of the state or
2676	any political subdivision or agency thereof, nor shall any of
2677	the authority's obligations be deemed to be obligations of the
2678	state or of any political subdivision or agency thereof, nor
2679	shall the state or any political subdivision or agency thereof,
2680	except the authority, be liable for the payment of the principal
2681	of or interest on such obligations.
2682	Section 43.  Section 343.75, Florida Statutes, is
2683	renumbered as section 343.741, Florida Statutes, and amended to
2684	read:
2685	(Substantial rewording of section. See
2686	s. 343.75, F.S., for present text.)
2687	343.741  Bond financing authority.--
2688	(1)  Pursuant to s. 11(f), Art. VII of the State
2689	Constitution, the Legislature approves bond financing by the
2690	Tampa Bay Regional Transportation Authority for construction of
2691	or improvements to commuter rail systems, commuter ferry
2692	systems, highways, bridges, toll collection facilities,
2693	interchanges to the system, and any other transportation
2694	facility appurtenant, necessary, or incidental to the system.
2695	Subject to terms and conditions of applicable revenue bond
2696	resolutions and covenants, such costs may be financed in whole
2697	or in part by revenue bonds issued pursuant to paragraph (2)(a)
2698	or (b), whether currently issued or issued in the future or by a
2699	combination of such bonds.
2700	(2)(a)  Bonds may be issued on behalf of the authority
2701	pursuant to the State Bond Act.
2702	(b)  Alternatively, the authority may issue its own bonds
2703	pursuant to this part at such times and in such principal amount
2704	as, in the opinion of the authority, is necessary to provide
2705	sufficient moneys for achieving its purposes; however, such
2706	bonds may not pledge the full faith and credit of the state.
2707	Bonds issued by the authority pursuant to this paragraph or
2708	paragraph (a), whether on original issuance or on refunding,
2709	shall be authorized by resolution of the members thereof, may be
2710	either term or serial bonds, and shall bear such date or dates,
2711	mature at such time or times, not exceeding 40 years after their
2712	respective dates, bear interest at such rate or rates, be
2713	payable semiannually, be in such denominations, be in such form,
2714	either coupon or fully registered, carry such registration,
2715	exchangeability, and interchangeability privileges, be payable
2716	in such medium of payment and at such place or places, be
2717	subject to such terms of redemption, and be entitled to such
2718	priorities on the revenues, rates, fees, rentals, or other
2719	charges or receipts of the authority, including revenues from
2720	lease-purchase agreements, as such resolution or any resolution
2721	subsequent thereto may provide. The bonds shall be executed
2722	either by manual or facsimile signature by such officers as the
2723	authority shall determine, however, such bonds shall bear at
2724	least one signature that is manually executed thereon, and the
2725	coupons attached to such bonds shall bear the facsimile
2726	signature or signatures of such officer or officers as shall be
2727	designated by the authority and have the seal of the authority
2728	affixed, imprinted, reproduced, or lithographed thereon, all as
2729	may be prescribed in such resolution or resolutions.
2730	(c)  Bonds issued pursuant to paragraph (a) or paragraph
2731	(b) shall be sold at public sale in the manner provided by the
2732	State Bond Act. However, if the authority, by official action at
2733	a public meeting, determines that a negotiated sale of such
2734	bonds is in the best interest of the authority, the authority
2735	may negotiate the sale of such bonds with the underwriter
2736	designated by the authority and the Division of Bond Finance
2737	within the State Board of Administration with respect to bonds
2738	issued pursuant to paragraph (a) or solely by the authority with
2739	respect to bonds issued pursuant to paragraph (b). The
2740	authority's determination to negotiate the sale of such bonds
2741	may be based, in part, upon the written advice of the
2742	authority's financial adviser. Pending the preparation of
2743	definitive bonds, interim certificates may be issued to the
2744	purchaser or purchasers of such bonds and may contain such terms
2745	and conditions as the authority may determine.
2746	(d)  The authority may issue bonds pursuant to paragraph
2747	(b) to refund any bonds previously issued regardless of whether
2748	the bonds being refunded were issued by the authority pursuant
2749	to this chapter or on behalf of the authority pursuant to the
2750	State Bond Act.
2751	(3)  Any such resolution or resolutions authorizing any
2752	bonds hereunder may contain provisions that are part of the
2753	contract with the holders of such bonds, as to:
2754	(a)  The pledging of all or any part of the revenues,
2755	rates, fees, rentals, or other charges or receipts of the
2756	authority, derived by the authority.
2757	(b)  The completion, improvement, operation, extension,
2758	maintenance, repair, or lease of, or lease-purchase agreement
2759	relating to, the system and the duties of the authority and
2760	others, including the department, with reference thereto.
2761	(c)  Limitations on the purposes to which the proceeds of
2762	the bonds, then or thereafter to be issued, or of any loan or
2763	grant by the United States or the state may be applied.
2764	(d)  The fixing, charging, establishing, and collecting of
2765	rates, fees, rentals, or other charges for use of the services
2766	and facilities constructed by the authority.
2767	(e)  The setting aside of reserves or sinking funds or
2768	repair and replacement funds and the regulation and disposition
2769	thereof.
2770	(f)  Limitations on the issuance of additional bonds.
2771	(g)  The terms and provisions of any lease-purchase
2772	agreement, deed of trust, or indenture securing the bonds or
2773	under which the same may be issued.
2774	(h)  Any other or additional agreements with the holders of
2775	the bonds which the authority may deem desirable and proper.
2776	(4)  The authority may employ fiscal agents as provided by
2777	this part or the State Board of Administration may, upon request
2778	of the authority, act as fiscal agent for the authority in the
2779	issuance of any bonds that are issued pursuant to this part, and
2780	the State Board of Administration may, upon request of the
2781	authority, take over the management, control, administration,
2782	custody, and payment of any or all debt services or funds or
2783	assets now or hereafter available for any bonds issued pursuant
2784	to this part. The authority may enter into any deeds of trust,
2785	indentures, or other agreements with its fiscal agent, or with
2786	any bank or trust company within or without the state, as
2787	security for such bonds and may, under such agreements, sign and
2788	pledge all or any of the revenues, rates, fees, rentals, or
2789	other charges or receipts of the authority. Such deed of trust,
2790	indenture, or other agreement may contain such provisions as are
2791	customary in such instruments or as the authority authorizes,
2792	including, but without limitation, provisions as to:
2793	(a)  The completion, improvement, operation, extension,
2794	maintenance, repair, and lease of, or lease-purchase agreement
2795	relating to, commuter rail, commuter ferry, highway, bridge, and
2796	related transportation facilities and appurtenances and the
2797	duties of the authority and others, including the department,
2798	with reference thereto.
2799	(b)  The application of funds and the safeguarding of funds
2800	on hand or on deposit.
2801	(c)  The rights and remedies of the trustee and the holders
2802	of the bonds.
2803	(d)  The terms and provisions of the bonds or the
2804	resolutions authorizing the issuance of the bonds.
2805	(5)  Any of the bonds issued pursuant to this part are, and
2806	are hereby declared to be, negotiable instruments and have all
2807	the qualities and incidents of negotiable instruments under the
2808	law merchant and the negotiable instruments law of the state.
2809	(6)  Notwithstanding any of the provisions of this part,
2810	each project, building, or facility that has been financed by
2811	the issuance of bonds or other evidence of indebtedness under
2812	this part and any refinancing thereof are hereby approved as
2813	provided for in s. 11(f), Art. VII of the State Constitution.
2814	Section 44.  Section 343.76, Florida Statutes, is
2815	renumbered as section 343.743, Florida Statutes, and amended to
2816	read:
2817	343.743 343.76  Bonds not debts or pledges of credit of
2818	state.--Revenue bonds issued under the provisions of this part
2819	are not debts of the state or pledges of the faith and credit of
2820	the state. Such bonds are payable exclusively from revenues
2821	pledged for their payment. All such bonds shall contain a
2822	statement on their face that the state is not obligated to pay
2823	the same or the interest thereon, except from the revenues
2824	pledged for their payment, and that the faith and credit of the
2825	state is not pledged to the payment of the principal or interest
2826	of such bonds. The issuance of revenue bonds under the
2827	provisions of this part does not directly, indirectly, or
2828	contingently obligate the state to levy or to pledge any form of
2829	taxation whatsoever, or to make any appropriation for their
2830	payment. No state funds shall be used to pay the principal or
2831	interest of any bonds issued to finance or refinance any portion
2832	of the authority's transportation projects Tampa Bay rail or
2833	ferry system, and all such bonds shall contain a statement on
2834	their face to this effect.
2835	Section 45.  Section 343.77, Florida Statutes, is
2836	renumbered as section 343.745, Florida Statutes, and amended to
2837	read:
2838	(Substantial rewording of section. See
2839	s. 343.77, F.S., for present text.)
2840	343.745  Covenant of the state.--The state does hereby
2841	pledge to, and agrees with, any person, firm, or corporation or
2842	federal or state agency subscribing to or acquiring the bonds to
2843	be issued by the authority for the purposes of this part that
2844	the state will not limit or alter the rights hereby vested in
2845	the authority and the department until all bonds at any time
2846	issued, together with the interest thereon, are fully paid and
2847	discharged insofar as the same affects the rights of the holders
2848	of bonds issued hereunder. The state does further pledge to, and
2849	agree with, the United States that, if any federal agency
2850	constructs or contributes any funds for the completion,
2851	extension, or improvement of the system or any part or portion
2852	thereof, the state will not alter or limit the rights and powers
2853	of the authority and the department in any manner which would be
2854	inconsistent with the continued maintenance and operation of the
2855	system or the completion, extension, or improvement thereof or
2856	which would be inconsistent with the due performance of any
2857	agreements between the authority and any such federal agency.
2858	The authority and the department shall continue to have and may
2859	exercise all powers herein granted so long as necessary or
2860	desirable for the carrying out of the purposes of this part and
2861	the purposes of the United States in the completion, extension,
2862	or improvement of the system or any part or portion thereof.
2863	Section 46.  Section 343.747, Florida Statutes, is created
2864	to read:
2865	343.747  Remedies of the bondholders.--
2866	(1)  The rights and the remedies in this section conferred
2867	upon or granted to the bondholders are in addition to and not in
2868	limitation of any rights and remedies lawfully granted to such
2869	bondholders by the resolution or resolutions providing for the
2870	issuance of bonds or by a lease-purchase agreement, deed of
2871	trust, indenture, or other agreement under which the bonds may
2872	be issued or secured. If the authority defaults in the payment
2873	of the principal of or interest on any of the bonds issued
2874	pursuant to the provisions of this part after such principal of
2875	or interest on the bonds becomes due, whether at maturity or
2876	upon call for redemption, or the department defaults in any
2877	payments under, or covenants made in, any lease-purchase
2878	agreement between the authority and the department, and such
2879	default continues for a period of 30 days, or if the authority
2880	or the department fails or refuses to comply with the provisions
2881	of this part or any agreement made with, or for the benefit of,
2882	the holders of the bonds, the holders of 25 percent in aggregate
2883	principal amount of the bonds then outstanding may appoint a
2884	trustee to represent such bondholders for the purposes hereof,
2885	if such holders of 25 percent in aggregate principal amount of
2886	the bonds then outstanding shall first give notice of their
2887	intention to appoint a trustee to the authority and to the
2888	department. Such notice shall be deemed to have been given if
2889	given in writing, deposited in a securely sealed postpaid
2890	wrapper, mailed at a regularly maintained United States post
2891	office box or station, and addressed, respectively, to the chair
2892	of the authority and to the secretary of the department at the
2893	principal office of the department.
2894	(2)  Such trustee and any trustee under any deed of trust,
2895	indenture, or other agreement may, and upon written request of
2896	the holders of 25 percent or such other percentages as are
2897	specified in any deed of trust, indenture, or other agreement
2898	aforesaid in principal amount of the bonds then outstanding
2899	shall, in any court of competent jurisdiction, in his, her, or
2900	its own name:
2901	(a)  By mandamus or other suit, action, or proceeding at
2902	law or in equity, enforce all rights of the bondholders,
2903	including the right to require the authority to fix, establish,
2904	maintain, collect, and charge rates, fees, rentals, and other
2905	charges adequate to carry out any agreement as to or pledge of
2906	the revenues or receipts of the authority, to carry out any
2907	other covenants and agreements with or for the benefit of the
2908	bondholders, and to perform its and their duties under this
2909	part.
2910	(b)  By mandamus or other suit, action, or proceeding at
2911	law or in equity, enforce all rights of the bondholders under or
2912	pursuant to any lease-purchase agreement between the authority
2913	and the department, including the right to require the
2914	department to make all rental payments required to be made by it
2915	under the provisions of any such lease-purchase agreement and to
2916	require the department to carry out any other covenants and
2917	agreements with or for the benefit of the bondholders and to
2918	perform its and their duties under this part.
2919	(c)  Bring suit upon the bonds.
2920	(d)  By action or suit in equity, require the authority or
2921	the department to account as if it were the trustee of an
2922	express trust for the bondholders.
2923	(e)  By action or suit in equity, enjoin any acts or things
2924	that may be unlawful or in violation of the rights of the
2925	bondholders.
2926	(3)  Any trustee, when appointed as aforesaid or acting
2927	under a deed of trust, indenture, or other agreement, and
2928	whether or not all bonds have been declared due and payable, may
2929	appoint a receiver who may enter upon and take possession of the
2930	system or the facilities or any part or parts thereof, the
2931	rates, fees, rentals, or other revenues, charges, or receipts
2932	from which are or may be applicable to the payment of the bonds
2933	so in default, and, subject to and in compliance with the
2934	provisions of any lease-purchase agreement between the authority
2935	and the department, operate and maintain the same for and on
2936	behalf of and in the name of the authority, the department, and
2937	the bondholders, and collect and receive all rates, fees,
2938	rentals, and other charges or receipts or revenues arising
2939	therefrom in the same manner as the authority or the department
2940	might do, and shall deposit all such moneys in a separate
2941	account and apply such moneys in such manner as the court shall
2942	direct. In any suit, action, or proceeding by the trustee, the
2943	fees, counsel fees, and expenses of the trustee and the
2944	receiver, if any, and all costs and disbursements allowed by the
2945	court shall be a first charge on any rates, fees, rentals, or
2946	other charges, revenues, or receipts derived from the system or
2947	the facilities or services or any part or parts thereof,
2948	including payments under any such lease-purchase agreement as
2949	aforesaid, which rates, fees, rentals, or other charges,
2950	revenues, or receipts may be applicable to the payment of the
2951	bonds so in default. Such trustee, in addition to the foregoing,
2952	possesses all of the powers necessary for the exercise of any
2953	functions specifically set forth herein or incident to the
2954	representation of the bondholders in the enforcement and
2955	protection of their rights.
2956	(4)  This section or any other section of this part does
2957	not authorize any receiver appointed pursuant hereto for the
2958	purpose, subject to and in compliance with the provisions of any
2959	lease-purchase agreement between the authority and the
2960	department, of operating and maintaining the system or any
2961	facilities or part or parts thereof to sell, assign, mortgage,
2962	or otherwise dispose of any of the assets of whatever kind and
2963	character belonging to the authority. It is the intention of
2964	this part to limit the powers of such receiver, subject to and
2965	in compliance with the provisions of any lease-purchase
2966	agreement between the authority and the department, to the
2967	operation and maintenance of the system or any facility or part
2968	or parts thereof, as the court may direct, in the name and for
2969	and on behalf of the authority, the department, and the
2970	bondholders. In any suit, action, or proceeding at law or in
2971	equity, a holder of bonds on the authority, a trustee, or any
2972	court may not compel or direct a receiver to sell, assign,
2973	mortgage, or otherwise dispose of any assets of whatever kind or
2974	character belonging to the authority. A receiver also may not be
2975	authorized to sell, assign, mortgage, or otherwise dispose of
2976	any assets of whatever kind or character belonging to the
2977	authority in any suit, action, or proceeding at law or in
2978	equity.
2979	Section 47.  Section 343.749, Florida Statutes, is created
2980	to read:
2981	343.749  Pledges enforceable by bondholders.--It is the
2982	express intention of this part that any pledge to the authority
2983	by the department of rates, fees, revenues, or other funds as
2984	rentals, or any covenants or agreements relative thereto, is
2985	enforceable in any court of competent jurisdiction against the
2986	authority or directly against the department by any holder of
2987	bonds issued by the authority.
2988	Section 48.  Section 343.751, Florida Statutes, is created
2989	to read:
2990	343.751  Lease-purchase agreement.--
2991	(1)  In order to effectuate the purposes of this part and
2992	as authorized by this part, the authority may enter into a
2993	lease-purchase agreement with the department relating to and
2994	covering authority projects within the eight-county Tampa Bay
2995	region.
2996	(2)  Such lease-purchase agreement shall provide for the
2997	leasing of the system by the authority, as lessor, to the
2998	department, as lessee, shall prescribe the term of such lease
2999	and the rentals to be paid thereunder, and shall provide that,
3000	upon the completion of the faithful performance thereunder and
3001	the termination of such lease-purchase agreement, title in fee
3002	simple absolute to the system as then constituted shall be
3003	transferred in accordance with law by the authority to the state
3004	and the authority shall deliver to the department such deeds and
3005	conveyances as shall be necessary or convenient to vest title in
3006	fee simple absolute in the state.
3007	(3)  Such lease-purchase agreement may include such other
3008	provisions, agreements, and covenants as the authority and the
3009	department deem advisable or required, including, but not
3010	limited to, provisions as to the bonds to be issued for the
3011	purposes of this part, the completion, extension, improvement,
3012	operation, and maintenance of the system and the expenses and
3013	the cost of operation of the authority, the charging and
3014	collection of tolls, rates, fees, and other charges for the use
3015	of the services and facilities thereof, and the application of
3016	federal or state grants or aid which may be made or given to
3017	assist the authority in the completion, extension, improvement,
3018	operation, and maintenance of the system.
3019	(4)  The department as lessee under such lease-purchase
3020	agreement may pay as rentals thereunder any rates, fees,
3021	charges, funds, moneys, receipts, or income accruing to the
3022	department from the operation of the system and may also pay as
3023	rentals any appropriations received by the department pursuant
3024	to any act of the Legislature heretofore or hereafter enacted;
3025	however, nothing in this section or in such lease-purchase
3026	agreement is intended to require, nor shall this part or such
3027	lease-purchase agreement require, the making or continuance of
3028	such appropriations, nor shall any holder of bonds issued
3029	pursuant to this part ever have any right to compel the making
3030	or continuance of such appropriations.
3031	(5)  The department shall have power to covenant in any
3032	lease-purchase agreement that it will pay all or any part of the
3033	cost of the operation, maintenance, repair, renewal, and
3034	replacement of facilities, and any part of the cost of
3035	completing facilities to the extent that the proceeds of bonds
3036	issued are insufficient, from sources other than the revenues
3037	derived from the operation of the system.
3038	Section 49.  Section 343.753, Florida Statutes, is created
3039	to read:
3040	343.753  Department may be appointed agent of authority for
3041	construction.--The department may be appointed by the authority
3042	as its agent for the purpose of constructing and completing
3043	transportation projects, and improvements and extensions
3044	thereto, in the authority's master plan. In such event, the
3045	authority shall provide the department with complete copies of
3046	all documents, agreements, resolutions, contracts, and
3047	instruments relating thereto; shall request the department to do
3048	such construction work, including the planning, surveying, and
3049	actual construction of the completion, extensions, and
3050	improvements to the system; and shall transfer to the credit of
3051	an account of the department in the treasury of the state the
3052	necessary funds therefor. The department shall proceed with such
3053	construction and use the funds for such purpose in the same
3054	manner that it is now authorized to use the funds otherwise
3055	provided by law for its use in construction of commuter rail,
3056	commuter ferry, roads, bridges, and related transportation
3057	facilities.
3058	Section 50.  Section 343.761, Florida Statutes, is created
3059	to read:
3060	343.761  Acquisition of lands and property.--
3061	(1)  For the purposes of this part, the Tampa Bay Regional
3062	Transportation Authority may acquire private or public property
3063	and property rights, including rights of access, air, view, and
3064	light, by gift, devise, purchase, or condemnation by eminent
3065	domain proceedings, as the authority may deem necessary for any
3066	purpose of this part, including, but not limited to, any lands
3067	reasonably necessary for securing applicable permits, areas
3068	necessary for management of access, borrow pits, drainage
3069	ditches, water retention areas, rest areas, replacement access
3070	for landowners whose access is impaired due to the construction
3071	of a facility, and replacement rights-of-way for relocated rail
3072	and utility facilities; for existing, proposed, or anticipated
3073	transportation facilities within the eight-county Tampa Bay
3074	region identified by the authority; or for the purposes of
3075	screening, relocation, removal, or disposal of junkyards and
3076	scrap metal processing facilities. The authority may condemn any
3077	material and property necessary for such purposes.
3078	(2)  The right of eminent domain herein conferred shall be
3079	exercised by the authority in the manner provided by law.
3080	(3)  When the authority acquires property for a
3081	transportation facility within the eight-county Tampa Bay
3082	region, the authority is not subject to any liability imposed by
3083	chapter 376 or chapter 403 for preexisting soil or groundwater
3084	contamination due solely to its ownership. This section does not
3085	affect the rights or liabilities of any past or future owners of
3086	the acquired property, nor does it affect the liability of any
3087	governmental entity for the results of its actions which create
3088	or exacerbate a pollution source. The authority and the
3089	Department of Environmental Protection may enter into
3090	interagency agreements for the performance, funding, and
3091	reimbursement of the investigative and remedial acts necessary
3092	for property acquired by the authority.
3093	Section 51.  Section 343.771, Florida Statutes, is created
3094	to read:
3095	343.771  Cooperation with other units, boards, agencies,
3096	and individuals.--Express authority and power is hereby given
3097	and granted to any county, municipality, drainage district, road
3098	and bridge district, school district, or any other political
3099	subdivision, board, commission, or individual in or of the state
3100	to make and enter into contracts, leases, conveyances,
3101	partnerships, or other agreements with the authority within the
3102	provisions and purposes of this part. The authority may make and
3103	enter into contracts, leases, conveyances, partnerships, and
3104	other agreements with any political subdivision, agency, or
3105	instrumentality of the state and any and all federal agencies,
3106	corporations, and individuals for the purpose of carrying out
3107	the provisions of this part.
3108	Section 52.  Section 343.773, Florida Statutes, is created
3109	to read:
3110	343.773  Public-private partnerships.--
3111	(1)  The authority may receive or solicit proposals and
3112	enter into agreements with private entities or consortia thereof
3113	for the building, operation, ownership, or financing of
3114	transportation facilities within the jurisdiction of the
3115	authority. Before approval, the authority must determine that a
3116	proposed project:
3117	(a)  Is in the public's best interest.
3118	(b)  Would not require state funds to be used unless the
3119	project is on or provides increased mobility on the State
3120	Highway System.
3121	(c)  Would have adequate safeguards to ensure that
3122	additional costs or service disruptions would not be realized by
3123	the traveling public and citizens of the state in the event of
3124	default or the cancellation of the agreement by the authority.
3125	(2)  The authority shall ensure that all reasonable costs
3126	to the state related to transportation facilities that are not
3127	part of the State Highway System are borne by the private
3128	entity. The authority also shall ensure that all reasonable
3129	costs to the state and substantially affected local governments
3130	and utilities related to the private transportation facility are
3131	borne by the private entity for transportation facilities that
3132	are owned by private entities. For projects on the State Highway
3133	System, the department may use state resources to participate in
3134	funding and financing the project as provided for under the
3135	department's enabling legislation.
3136	(3)  The authority may request proposals for public-private
3137	transportation projects or, if it receives an unsolicited
3138	proposal, the authority must publish a notice in the Florida
3139	Administrative Weekly and a newspaper of general circulation in
3140	the county in which the proposed project is located at least
3141	once a week for 2 weeks stating that it has received the
3142	proposal and will accept, for 60 days after the initial date of
3143	publication, other proposals for the same project purpose. A
3144	copy of the notice must be mailed to each local government in
3145	the affected areas. After the public notification period has
3146	expired, the authority shall rank the proposals in order of
3147	preference. In ranking the proposals, the authority shall
3148	consider professional qualifications, general business terms,
3149	innovative engineering or cost-reduction terms, finance plans,
3150	and the need for state funds to deliver the proposal. If the
3151	authority is not satisfied with the results of the negotiations,
3152	it may, at its sole discretion, terminate negotiations with the
3153	proposer. If these negotiations are unsuccessful, the authority
3154	may go to the second and lower-ranked firms, in order, using the
3155	same procedure. If only one proposal is received, the authority
3156	may negotiate in good faith and, if it is not satisfied with the
3157	results, it may, at its sole discretion, terminate negotiations
3158	with the proposer. Notwithstanding this subsection, the
3159	authority may, at its discretion, reject all proposals at any
3160	point in the process up to completion of a contract with the
3161	proposer.
3162	(4)  Agreements entered into pursuant to this section may
3163	authorize the public-private entity to impose tolls or fares for
3164	the use of the facility. However, the amount and use of toll or
3165	fare revenues shall be regulated by the authority to avoid
3166	unreasonable costs to users of the facility.
3167	(5)  Each public-private transportation facility
3168	constructed pursuant to this section shall comply with all
3169	requirements of federal, state, and local laws; state, regional,
3170	and local comprehensive plans; the authority's rules, policies,
3171	procedures, and standards for transportation facilities; and any
3172	other conditions that the authority determines to be in the
3173	public's best interest.
3174	(6)  The authority may exercise any of its powers,
3175	including eminent domain, to facilitate the development and
3176	construction of transportation projects pursuant to this
3177	section. The authority may pay all or part of the cost of
3178	operating and maintaining the facility or may provide services
3179	to the private entity for which it receives full or partial
3180	reimbursement for services rendered.
3181	(7)  Except as provided in this section, this section is
3182	not intended to amend existing law by granting additional powers
3183	to or imposing further restrictions on the governmental entities
3184	with regard to regulating and entering into cooperative
3185	arrangements with the private sector for the planning,
3186	construction, and operation of transportation facilities.
3187	(8)  The authority may adopt rules pursuant to ss.
3188	120.536(1) and 120.54 to implement this section and shall, by
3189	rule, establish an application fee for the submission of
3190	unsolicited proposals under this section. The fee must be
3191	sufficient to pay the costs of evaluating the proposals.
3192	Section 53.  Section 343.781, Florida Statutes, is created
3193	to read:
3194	343.781  Exemption from taxation.--The effectuation of the
3195	authorized purposes of the authority created under this part is
3196	for the benefit of the people of this state, for the increase of
3197	their commerce and prosperity, and for the improvement of their
3198	health and living conditions and, because the authority performs
3199	essential governmental functions in effectuating such purposes,
3200	the authority is not required to pay any taxes or assessments of
3201	any kind or nature whatsoever upon any property acquired or used
3202	by it for such purposes, or upon any rates, fees, rentals,
3203	receipts, income, or charges at any time received by it. The
3204	bonds issued by the authority, their transfer, and the income
3205	therefrom, including any profits made on the sale thereof, shall
3206	at all times be free from taxation of any kind by the state or
3207	by any political subdivision, taxing agency, or instrumentality
3208	thereof. The exemption granted by this section does not apply to
3209	any tax imposed by chapter 220 on interest, income, or profits
3210	on debt obligations owned by corporations.
3211	Section 54.  Section 343.783, Florida Statutes, is created
3212	to read:
3213	343.783  Eligibility for investments and security.--Any
3214	bonds or other obligations issued pursuant to this part shall be
3215	and constitute legal investments for banks, savings banks,
3216	trustees, executors, administrators, and all other fiduciaries
3217	and for all state, municipal, and other public funds and shall
3218	also be and constitute securities eligible for deposit as
3219	security for all state, municipal, or other public funds,
3220	notwithstanding the provisions of any other law to the contrary.
3221	Section 55.  Section 343.791, Florida Statutes, is created
3222	to read:
3223	343.791  Complete and additional statutory authority.--
3224	(1)  The powers conferred by this part are supplemental to
3225	the existing powers of the board and the department. This part
3226	does not repeal any of the provisions of any other law, general,
3227	special, or local, but supersedes such other laws in the
3228	exercise of the powers provided in this part and provides a
3229	complete method for the exercise of the powers granted in this
3230	part. The extension and improvement of the system, and the
3231	issuance of bonds hereunder to finance all or part of the cost
3232	thereof, may be accomplished upon compliance with the provisions
3233	of this part without regard to or necessity for compliance with
3234	the provisions, limitations, or restrictions contained in any
3235	other general, special, or local law, including, but not limited
3236	to, s. 215.821. An approval of any bonds issued under this part
3237	by the qualified electors or qualified electors who are
3238	freeholders in the state or in any other political subdivision
3239	of the state is not required for the issuance of such bonds
3240	pursuant to this part.
3241	(2)  This part does not repeal, rescind, or modify any
3242	other law relating to the State Board of Administration, the
3243	Department of Transportation, the Tampa-Hillsborough County
3244	Expressway Authority, or the Division of Bond Finance within the
3245	State Board of Administration; however, this part supersedes
3246	such other laws as are inconsistent with its provisions,
3247	including, but not limited to, s. 215.821.
3248	(3)  This part does not preclude the department from
3249	acquiring, holding, constructing, improving, maintaining,
3250	operating, or owning tolled or nontolled facilities funded and
3251	constructed from nonauthority sources that are part of the State
3252	Highway System within the geographical boundaries of the Tampa
3253	Bay Regional Transportation Authority.
3254	Section 56.  Paragraph (a) of subsection (2) of section
3255	343.81, Florida Statutes, is amended to read:
3256	343.81  Northwest Florida Transportation Corridor
3257	Authority.--
3258	(2)(a)  The governing body of the authority shall consist
3259	of eight voting members, one each from Escambia, Santa Rosa,
3260	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
3261	appointed by the Governor to a 4-year term. The appointees shall
3262	be residents of their respective counties and may not hold an
3263	elected office. Upon the effective date of his or her
3264	appointment, or as soon thereafter as practicable, each
3265	appointed member of the authority shall enter upon his or her
3266	duties. Each appointed member shall hold office until his or her
3267	successor has been appointed and has qualified. A vacancy
3268	occurring during a term shall be filled only for the balance of
3269	the unexpired term. Any member of the authority shall be
3270	eligible for reappointment. Members of the authority may be
3271	removed from office by the Governor for misconduct, malfeasance,
3272	misfeasance, or nonfeasance in office.
3273	Section 57.  The amendments made by this act to s. 343.81,
3274	Florida Statutes, prohibiting the appointment of a person
3275	holding an elected office to the Northwest Florida
3276	Transportation Corridor Authority shall not prohibit any member
3277	appointed prior to the effective date of this act from
3278	completing his or her current term, and the prohibition shall
3279	only apply to members appointed after the effective date of this
3280	act.
3281	Section 58.  Subsections (1) and (2) of section 343.82,
3282	Florida Statutes, are amended to read:
3283	343.82  Purposes and powers.--
3284	(1)  The primary purpose of the authority is to improve
3285	mobility on the U.S. 98 corridor in Northwest Florida to enhance
3286	traveler safety, identify and develop hurricane evacuation
3287	routes, promote economic development along the corridor, and
3288	implement transportation projects to alleviate current or
3289	anticipated traffic congestion.
3290	(2)(a)  The authority is authorized to construct any feeder
3291	roads, reliever roads, connector roads, bypasses, or appurtenant
3292	facilities that are intended to improve mobility along the U.S.
3293	98 corridor. The transportation improvement projects may also
3294	include all necessary approaches, roads, bridges, and avenues of
3295	access that are desirable and proper with the concurrence, where
3296	applicable, of the department if the project is to be part of
3297	the State Highway System or the respective county or municipal
3298	governing boards. Any transportation facilities constructed by
3299	the authority may be tolled.
3300	(b)  Notwithstanding any special act to the contrary, the
3301	authority shall plan for and study the feasibility of
3302	constructing, operating, and maintaining a bridge or bridges
3303	spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
3304	access roads to such bridge or bridges, including studying the
3305	environmental and economic feasibility of such bridge or
3306	bridges and access roads, and such other transportation
3307	facilities that become part of such bridge system. The authority
3308	may construct, operate, and maintain the bridge system if the
3309	authority determines that the bridge system project is feasible
3310	and consistent with the authority's primary purpose and master
3311	plan.
3312	Section 59.  Paragraph (d) of subsection (2) and paragraph
3313	(a) of subsection (4) of section 348.0003, Florida Statutes, are
3314	amended to read:
3315	348.0003  Expressway authority; formation; membership.--
3316	(2)  The governing body of an authority shall consist of
3317	not fewer than five nor more than nine voting members. The
3318	district secretary of the affected department district shall
3319	serve as a nonvoting member of the governing body of each
3320	authority located within the district. Each member of the
3321	governing body must at all times during his or her term of
3322	office be a permanent resident of the county which he or she is
3323	appointed to represent.
3324	(d)  Notwithstanding any provision to the contrary in this
3325	subsection, in any county as defined in s. 125.011(1), the
3326	governing body of an authority shall consist of seven voting up
3327	to 13 members and two nonvoting members, and the following
3328	provisions of this paragraph shall apply specifically to such
3329	authority. One Except for the district secretary of the
3330	department, the members must be residents of the county. Seven
3331	voting member members shall be a county commissioner appointed
3332	by the chair of the governing body of the county. One voting
3333	member shall be a mayor of a municipality within the county at
3334	all times while serving on the authority and shall be appointed
3335	by the Miami-Dade County League of Cities. At the discretion of
3336	the governing body of the county, up to two of the members
3337	appointed by the governing body of the county may be elected
3338	officials residing in the county. Five citizens of Miami-Dade
3339	County or of its municipalities shall be appointed as voting
3340	members of the authority, of which three shall be appointed by
3341	the Governor and two shall be appointed by the county
3342	commission. These citizen appointees shall not be elected or
3343	appointed officials or employees of the county or of a
3344	municipality within the county. One member shall be The district
3345	secretary of the department serving in the district that
3346	contains such county shall be a nonvoting member of the
3347	authority. The chair of the Miami-Dade legislative delegation,
3348	or another member of the delegation appointed by the chair,
3349	shall be a nonvoting member of the authority. This member shall
3350	be an ex officio voting member of the authority. If the
3351	governing board of an authority includes any member originally
3352	appointed by the governing body of the county as a nonvoting
3353	member, when the term of such member expires, that member shall
3354	be replaced by a member appointed by the Governor until the
3355	governing body of the authority is composed of seven members
3356	appointed by the governing body of the county and five members
3357	appointed by the Governor. The qualifications, terms of office,
3358	and obligations and rights of members of the authority shall be
3359	determined by resolution or ordinance of the governing body of
3360	the county in a manner that is consistent with subsections (3)
3361	and (4).
3362	(4)(a)  An authority may employ an executive secretary, an
3363	executive director, its own counsel and legal staff, technical
3364	experts, and such engineers and employees, permanent or
3365	temporary, as it may require and shall determine the
3366	qualifications and fix the compensation of such persons, firms,
3367	or corporations. An authority may employ a fiscal agent or
3368	agents; however, the authority must solicit sealed proposals
3369	from at least three persons, firms, or corporations for the
3370	performance of any services as fiscal agents.  An authority may
3371	delegate to one or more of its agents or employees such of its
3372	power as it deems necessary to carry out the purposes of the
3373	Florida Expressway Authority Act, subject always to the
3374	supervision and control of the authority. However,
3375	notwithstanding any provision of law, an expressway authority
3376	located in a county as defined in s. 125.011(1) may not contract
3377	with any lobbyist as defined in s. 11.045(1)(f) to represent the
3378	authority and its interests. This does not preclude full-time
3379	employees of the authority from lobbying on the authority's
3380	behalf. Members of an authority may be removed from office by
3381	the Governor for misconduct, malfeasance, misfeasance, or
3382	nonfeasance in office.
3383	Section 60.  Paragraph (f) of subsection (2) and subsection
3384	(9) of section 348.0004, Florida Statutes, are amended to read:
3385	348.0004  Purposes and powers.--
3386	(2)  Each authority may exercise all powers necessary,
3387	appurtenant, convenient, or incidental to the carrying out of
3388	its purposes, including, but not limited to, the following
3389	rights and powers:
3390	(f)1.  To fix, alter, charge, establish, and collect tolls,
3391	rates, fees, rentals, and other charges for the services and
3392	facilities system, which tolls, rates, fees, rentals, and other
3393	charges must always be sufficient to comply with any covenants
3394	made with the holders of any bonds issued pursuant to the
3395	Florida Expressway Authority Act. However, such right and power
3396	may be assigned or delegated by the authority to the department.
3397	Notwithstanding s. 338.165 or any other provision of law to the
3398	contrary, in any county as defined in s. 125.011(1), to the
3399	extent surplus revenues exist, they may be used for purposes
3400	enumerated in subsection (7), provided the expenditures are
3401	consistent with the metropolitan planning organization's adopted
3402	long-range plan. Notwithstanding any other provision of law to
3403	the contrary, but subject to any contractual requirements
3404	contained in documents securing any outstanding indebtedness
3405	payable from tolls, in any county as defined in s. 125.011(1),
3406	the board of county commissioners may, by ordinance adopted on
3407	or before September 30, 1999, alter or abolish existing tolls
3408	and currently approved increases thereto if the board provides a
3409	local source of funding to the county expressway system for
3410	transportation in an amount sufficient to replace revenues
3411	necessary to meet bond obligations secured by such tolls and
3412	increases.
3413	2.  Prior to raising tolls, whether paid by cash or
3414	electronic toll collection, an expressway authority in any
3415	county as defined in s. 125.011(1) shall publish a notice of the
3416	intent to raise tolls in a newspaper of general circulation, as
3417	defined in s. 97.021(18), in the county. The notice shall
3418	provide the amount of increase to be implemented for cash
3419	payment, electronic payment, or both, as applicable. The notice
3420	also shall provide a postal address, an electronic mail or
3421	Internet address, and a local telephone number for the purpose
3422	of receiving public comment on the issue of the toll increase.
3423	The notice shall be published two times, at least 7 days apart,
3424	with the first publication occurring not more than 90 days prior
3425	to the proposed effective date of the toll increase and the
3426	second publication occurring not fewer than 60 days prior to the
3427	proposed effective date of the toll increase. The provisions of
3428	this subparagraph shall not apply to any change in the toll rate
3429	for the use of any portion of the expressway system that has
3430	been approved by this authority prior to July 1, 2006.
3431	(9)  The Legislature declares that there is a public need
3432	for rapid construction of safe and efficient transportation
3433	facilities for travel within the state and that it is in the
3434	public's interest to provide for public-private partnership
3435	agreements to effectuate the construction of additional safe,
3436	convenient, and economical transportation facilities.
3437	(a)  Notwithstanding any other provision of the Florida
3438	Expressway Authority Act, any expressway authority,
3439	transportation authority, bridge authority, or toll authority
3440	established under this part or any other statute may receive or
3441	solicit proposals and enter into agreements with private
3442	entities, or consortia thereof, for the building, operation,
3443	ownership, or financing of expressway authority transportation
3444	facilities or new transportation facilities within the
3445	jurisdiction of the expressway authority. An expressway
3446	authority is authorized to adopt rules to implement this
3447	subsection and shall, by rule, establish an application fee for
3448	the submission of unsolicited proposals under this subsection.
3449	The fee must be sufficient to pay the costs of evaluating the
3450	proposals. An expressway authority may engage private
3451	consultants to assist in the evaluation. Before approval, an
3452	expressway authority must determine that a proposed project:
3453	1.  Is in the public's best interest.
3454	2.  Would not require state funds to be used unless the
3455	project is on or provides increased mobility on the State
3456	Highway System.
3457	3.  Would have adequate safeguards to ensure that no
3458	additional costs or service disruptions would be realized by the
3459	traveling public and residents citizens of the state in the
3460	event of default or the cancellation of the agreement by the
3461	expressway authority.
3462	(b)  An expressway authority shall ensure that all
3463	reasonable costs to the state which are, related to
3464	transportation facilities that are not part of the State Highway
3465	System, are borne by the private entity. An expressway authority
3466	shall also ensure that all reasonable costs to the state and
3467	substantially affected local governments and utilities related
3468	to the private transportation facility are borne by the private
3469	entity for transportation facilities that are owned by private
3470	entities. For projects on the State Highway System, the
3471	department may use state resources to participate in funding and
3472	financing the project as provided for under the department's
3473	enabling legislation.
3474	(c)  The expressway authority may request proposals for
3475	public-private transportation projects or, if it receives an
3476	unsolicited proposal, it must publish a notice in the Florida
3477	Administrative Weekly and a newspaper of general circulation in
3478	the county in which it is located at least once a week for 2
3479	weeks, stating that it has received the proposal and will
3480	accept, for 60 days after the initial date of publication, other
3481	proposals for the same project purpose. A copy of the notice
3482	must be mailed to each local government in the affected areas.
3483	After the public notification period has expired, the expressway
3484	authority shall rank the proposals in order of preference. In
3485	ranking the proposals, the expressway authority shall consider
3486	professional qualifications, general business terms, innovative
3487	engineering or cost-reduction terms, finance plans, and the need
3488	for state funds to deliver the proposal. If the expressway
3489	authority is not satisfied with the results of the negotiations,
3490	it may, at its sole discretion, terminate negotiations with the
3491	proposer. If these negotiations are unsuccessful, the expressway
3492	authority may go to the second and lower-ranked firms, in order,
3493	using the same procedure. If only one proposal is received, the
3494	expressway authority may negotiate in good faith, and if it is
3495	not satisfied with the results, it may, at its sole discretion,
3496	terminate negotiations with the proposer. Notwithstanding this
3497	paragraph, the expressway authority may, at its discretion,
3498	reject all proposals at any point in the process up to
3499	completion of a contract with the proposer.
3500	(d)  The department may lend funds from the Toll Facilities
3501	Revolving Trust Fund, as outlined in s. 338.251, to public-
3502	private partnerships. To be eligible, a private entity must
3503	comply with s. 338.251 and must provide an indication from a
3504	nationally recognized rating agency that the senior bonds for
3505	the project will be investment grade or must provide credit
3506	support, such as a letter of credit or other means acceptable to
3507	the department, to ensure that the loans will be fully repaid.
3508	(e)  Agreements entered into pursuant to this subsection
3509	may authorize the public-private entity to impose tolls or fares
3510	for the use of the facility. However, the amount and use of toll
3511	or fare revenues shall be regulated by the expressway authority
3512	to avoid unreasonable costs to users of the facility.
3513	(f)  Each public-private transportation facility
3514	constructed pursuant to this subsection shall comply with all
3515	requirements of federal, state, and local laws; state, regional,
3516	and local comprehensive plans; the expressway authority's rules,
3517	policies, procedures, and standards for transportation
3518	facilities; and any other conditions that the expressway
3519	authority determines to be in the public's best interest.
3520	(g)  An expressway authority may exercise any power
3521	possessed by it, including eminent domain, to facilitate the
3522	development and construction of transportation projects pursuant
3523	to this subsection. An expressway authority may pay all or part
3524	of the cost of operating and maintaining the facility or may
3525	provide services to the private entity for which it receives
3526	full or partial reimbursement for services rendered.
3527	(h)  Except as herein provided, this subsection is not
3528	intended to amend existing laws by granting additional powers to
3529	or further restricting the governmental entities from regulating
3530	and entering into cooperative arrangements with the private
3531	sector for the planning, construction, and operation of
3532	transportation facilities. Use of the powers granted in this
3533	subsection may not subject a statutorily created expressway
3534	authority, transportation authority, bridge authority, or toll
3535	authority, other than one statutorily created under this part,
3536	to any of the requirements of this part other than those
3537	contained in this subsection.
3538	Section 61.  Section 348.0012, Florida Statutes, is amended
3539	to read:
3540	348.0012  Exemptions from applicability.--The Florida
3541	Expressway Authority Act does not apply:
3542	(1)  In a county in which an expressway authority has been
3543	created pursuant to parts II-IX of this chapter, except as
3544	expressly provided in this part; or
3545	(2)  To a transportation authority created pursuant to
3546	chapter 349.
3547	Section 62.  Subsection (6) is added to section 348.754,
3548	Florida Statutes, to read:
3549	348.754  Purposes and powers.--
3550	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
3551	County Expressway Authority may waive payment and performance
3552	bonds on construction contracts for the construction of a public
3553	building, for the prosecution and completion of a public work,
3554	or for repairs on a public building or public work that has a
3555	cost of $500,000 or less and when the project is awarded
3556	pursuant to an economic development program for the
3557	encouragement of local small businesses that has been adopted by
3558	the governing body of the Orlando-Orange County Expressway
3559	Authority pursuant to a resolution or policy.
3560	(b)  The authority's adopted criteria for participation in
3561	the economic development program for local small businesses
3562	requires that a participant:
3563	1.  Be an independent business.
3564	2.  Be principally domiciled in the Orange County Standard
3565	Metropolitan Statistical Area.
3566	3.  Employ 25 or fewer full-time employees.
3567	4.  Have gross annual sales averaging $3 million or less
3568	over the immediately preceding 3 calendar years with regard to
3569	any construction element of the program.
3570	5.  Be accepted as a participant in the Orlando-Orange
3571	County Expressway Authority's microcontracts program or such
3572	other small business program as may be hereinafter enacted by
3573	the Orlando-Orange County Expressway Authority.
3574	6.  Participate in an educational curriculum or technical
3575	assistance program for business development that will assist the
3576	small business in becoming eligible for bonding.
3577	(c)  The authority's adopted procedures for waiving payment
3578	and performance bonds on projects with values not less than
3579	$200,000 and not exceeding $500,000 shall provide that payment
3580	and performance bonds may only be waived on projects that have
3581	been set aside to be competitively bid on by participants in an
3582	economic development program for local small businesses. The
3583	authority's executive director or his or her designee shall
3584	determine whether specific construction projects are suitable
3585	for:
3586	1.  Bidding under the authority's microcontracts program by
3587	registered local small businesses; and
3588	2.  Waiver of the payment and performance bond.
3589
3590	The decision of the authority's executive director or deputy
3591	executive director to waive the payment and performance bond
3592	shall be based upon his or her investigation and conclusion that
3593	there exists sufficient competition so that the authority
3594	receives a fair price and does not undertake any unusual risk
3595	with respect to such project.
3596	(d)  For any contract for which a payment and performance
3597	bond has been waived pursuant to the authority set forth in this
3598	section, the Orlando-Orange County Expressway Authority shall
3599	pay all persons defined in s. 713.01 who furnish labor,
3600	services, or materials for the prosecution of the work provided
3601	for in the contract to the same extent and upon the same
3602	conditions that a surety on the payment bond under s. 255.05
3603	would have been obligated to pay such persons if the payment and
3604	performance bond had not been waived. The authority shall record
3605	notice of this obligation in the manner and location that surety
3606	bonds are recorded. The notice shall include the information
3607	describing the contract that s. 255.05(1) requires be stated on
3608	the front page of the bond. Notwithstanding that s. 255.05(9)
3609	generally applies when a performance and payment bond is
3610	required, s. 255.05(9) shall apply under this subsection to any
3611	contract on which performance or payment bonds are waived and
3612	any claim to payment under this subsection shall be treated as a
3613	contract claim pursuant to s. 255.05(9).
3614	(e)  A small business that has been the successful bidder
3615	on six projects for which the payment and performance bond was
3616	waived by the authority pursuant to paragraph (a) shall be
3617	ineligible to bid on additional projects for which the payment
3618	and performance bond is to be waived. The local small business
3619	may continue to participate in other elements of the economic
3620	development program for local small businesses as long as it is
3621	eligible.
3622	(f)  The authority shall conduct bond eligibility training
3623	for businesses qualifying for bond waiver under this subsection
3624	to encourage and promote bond eligibility for such businesses.
3625	(g)  The authority shall prepare a biennial report on the
3626	activities undertaken pursuant to this subsection to be
3627	submitted to the Orange County legislative delegation. The
3628	initial report shall be due December 31, 2008.
3629	Section 63.  Part X of chapter 348, Florida Statutes, is
3630	redesignated as part XI, and a new part X, consisting of
3631	sections 348.9801, 348.9802, 348.9803, 348.9804, 348.9805,
3632	348.9806, 348.9808, 348.9809, 348.9811, 348.9812, 348.9813,
3633	348.9814, 348.9815, 348.9816, and 348.9817, is added to that
3634	chapter to read:
3635	PART X
3636	Osceola County Expressway Authority
3637	348.9801  Short title.--This part may be cited as the
3638	"Osceola County Expressway Authority Law."
3639	348.9802  Definitions.--The following terms, whenever used
3640	or referred to in this part, shall have the following meanings,
3641	except in those instances where the context clearly indicates
3642	otherwise:
3643	(1)  "Agency of the state" means and includes the state and
3644	any department of, or corporation, agency, or instrumentality
3645	heretofore or hereafter created, designated, or established by,
3646	the state.
3647	(2)  "Authority" means the body politic and corporate and
3648	agency of the state created by this part.
3649	(3)  "Bonds" means and includes the notes, bonds, refunding
3650	bonds, or other evidences of indebtedness or obligations, in
3651	either temporary or definitive form, which the authority is
3652	authorized to issue pursuant to this part.
3653	(4)  "County" means Osceola County.
3654	(5)  "Department" means the Department of Transportation.
3655	(6)  "Expressway" is the same as limited access expressway.
3656	(7)  "Federal agency" means and includes the United States,
3657	the President of the United States, and any department of or
3658	corporation, agency, or instrumentality heretofore or hereafter
3659	created, designated, or established by the United States.
3660	(8)  "Lease-purchase agreement" means the lease-purchase
3661	agreements which the authority is authorized pursuant to this
3662	part to enter into with the department.
3663	(9)  "Limited access expressway" means a street or highway
3664	especially designed for through traffic and over, from, or to
3665	which no person shall have the right of easement, use, or access
3666	except in accordance with the rules and regulations promulgated
3667	and established by the authority for the use of such facility.
3668	Such highways or streets may be parkways from which trucks,
3669	buses, and other commercial vehicles shall be excluded or they
3670	may be freeways open to use by all customary forms of street and
3671	highway traffic.
3672	(10)  "Members" means the governing body of the authority,
3673	and the term "member" means one of the individuals constituting
3674	such governing body.
3675	(11)  "Osceola County gasoline tax funds" means all of the
3676	80-percent surplus gasoline tax funds accruing in each year to
3677	the department for use in Osceola County under the provisions of
3678	s. 9, Art. XII of the State Constitution after deduction only of
3679	any amounts of said gasoline tax funds heretofore pledged by the
3680	department or the county for outstanding obligations.
3681	(12)  "Osceola County Expressway System" means any and all
3682	expressways and appurtenant facilities thereto, including, but
3683	not limited to, all approaches, roads, bridges, and avenues of
3684	access for said expressways, whether tolled or nontolled, that
3685	are either built by the authority or whose ownership is
3686	transferred to the authority by other governmental or private
3687	entities.
3688	(13)  "State Board of Administration" means the body
3689	corporate existing under the provisions of s. 9, Art. XII of the
3690	State Constitution or any successor thereto.
3691	348.9803  Osceola County Expressway Authority.--
3692	(1)  There is hereby created and established a body politic
3693	and corporate, an agency of the state, to be known as the
3694	Osceola County Expressway Authority, hereinafter referred to as
3695	"authority."
3696	(2)(a)  The governing body of the authority shall consist
3697	of six members. Three members shall be citizens of Osceola
3698	County, who shall be appointed by the governing body of the
3699	county. Two members shall be citizens of Osceola County
3700	appointed by the Governor. The term of each appointed member
3701	shall be for 4 years. However, the members appointed by the
3702	Governor for the first time shall serve a term of 2 years. Each
3703	appointed member shall hold office until his or her successor
3704	has been appointed and has qualified. A vacancy occurring during
3705	a term shall be filled only for the balance of the unexpired
3706	term. Each appointed member of the authority shall be a person
3707	of outstanding reputation for integrity, responsibility, and
3708	business ability, but no person who is an officer or employee of
3709	any city or of Osceola County in any other capacity shall be an
3710	appointed member of the authority. A member of the authority
3711	shall be eligible for reappointment.
3712	(b)  Members of the authority may be removed from office by
3713	the Governor for misconduct, malfeasance, or nonfeasance in
3714	office.
3715	(c)  The district secretary of the department serving in
3716	the district that includes Osceola County shall serve as an ex
3717	officio, nonvoting member.
3718	(3)(a)  The authority shall elect one of its members as
3719	chair of the authority. The authority shall also elect a
3720	secretary and a treasurer who may or may not be members of the
3721	authority. The chair, secretary, and treasurer shall hold such
3722	offices at the will of the authority.
3723	(b)  Four members of the authority shall constitute a
3724	quorum, and the vote of three members shall be necessary for any
3725	action taken by the authority. No vacancy in the authority shall
3726	impair the right of a quorum of the authority to exercise all of
3727	the rights and perform all of the duties of the authority.
3728	(4)(a)  The authority may employ an executive secretary, an
3729	executive director, its own counsel and legal staff, technical
3730	experts, such engineers, and such employees, permanent or
3731	temporary, as it may require; may determine the qualifications
3732	and fix the compensation of such persons, firms, or
3733	corporations; and may employ a fiscal agent or agents. However,
3734	the authority shall solicit sealed proposals from at least three
3735	persons, firms, or corporations for the performance of any
3736	services as fiscal agents. The authority may delegate to one or
3737	more of its agents or employees such of its power as it shall
3738	deem necessary to carry out the purposes of this part, subject
3739	always to the supervision and control of the authority.
3740	(b)  Members of the authority shall be entitled to receive
3741	from the authority their travel and other necessary expenses
3742	incurred in connection with the business of the authority as
3743	provided in s. 112.061, but they shall draw no salaries or other
3744	compensation.
3745	348.9804  Purposes and powers.--
3746	(1)(a)  The authority created and established by the
3747	provisions of this part is hereby granted and shall have the
3748	right to acquire, hold, construct, improve, maintain, operate,
3749	own, and lease in the capacity of lessor the Osceola County
3750	Expressway System, hereinafter referred to as "system."
3751	(b)  It is the express intention of this part that the
3752	authority, in the construction of the Osceola County Expressway
3753	System, shall be authorized to construct any extensions,
3754	additions, or improvements to the system or appurtenant
3755	facilities, including all necessary approaches, roads, bridges,
3756	and avenues of access with such changes, modifications, or
3757	revisions of the project as shall be deemed desirable and
3758	proper. No project shall become part of the State Highway System
3759	without the concurrence of the department.
3760	(2)  The authority is hereby granted and shall have and may
3761	exercise all powers necessary, appurtenant, convenient, or
3762	incidental to the carrying out of its purposes, including, but
3763	not limited to, the following rights and powers:
3764	(a)  To sue and be sued, implead and be impleaded, and
3765	complain and defend in all courts.
3766	(b)  To adopt, use, and alter at will a corporate seal.
3767	(c)  To acquire by donation or otherwise, purchase, hold,
3768	lease as lessee, and use any franchise or property, real,
3769	personal, or mixed, tangible or intangible, or any options
3770	thereof, in its own name or in conjunction with others, or
3771	interest therein, necessary or desirable for carrying out the
3772	purposes of the authority, and to sell, lease as lessor,
3773	transfer, and dispose of any property or interest therein at any
3774	time acquired by it.
3775	(d)  To enter into and make leases for terms not exceeding
3776	40 years as either lessee or lessor in order to carry out the
3777	right to lease as set forth in this part.
3778	(e)  To enter into and make lease-purchase agreements with
3779	the department for terms not exceeding 40 years or until any
3780	bonds secured by a pledge of rentals thereunder and any
3781	refundings thereof are fully paid as to both principal and
3782	interest, whichever is longer.
3783	(f)  To fix, alter, charge, establish, and collect rates,
3784	fees, rentals, and other charges for the services and facilities
3785	of the Osceola County Expressway System, which rates, fees,
3786	rentals, and other charges shall always be sufficient to comply
3787	with any covenants made with the holders of any bonds issued
3788	pursuant to this part; however, such right and power may be
3789	assigned or delegated by the authority to the department.
3790	(g)  To borrow money and make and issue negotiable notes,
3791	bonds, refunding bonds, and other evidences of indebtedness or
3792	obligations, either in temporary or definitive form, in this
3793	part sometimes called "bonds" of the authority, for the purpose
3794	of financing all or part of the improvement or extension of the
3795	Osceola County Expressway System and appurtenant facilities,
3796	including all approaches, streets, roads, bridges, and avenues
3797	of access for the Osceola County Expressway System and for any
3798	other purpose authorized by this part, said bonds to mature in
3799	not exceeding 40 years after the date of the issuance thereof,
3800	and to secure the payment of such bonds or any part thereof by a
3801	pledge of any or all of its revenues, rates, fees, rentals, or
3802	other charges, including all or any portion of the Osceola
3803	County gasoline tax funds received by the authority pursuant to
3804	the terms of any lease-purchase agreement between the authority
3805	and the department; and, in general, to provide for the security
3806	of the bonds and the rights and remedies of the holders thereof.
3807	However, no portion of the Osceola County gasoline tax funds
3808	shall be pledged for the construction of any project for which a
3809	toll is to be charged unless the anticipated tolls are
3810	reasonably estimated by the board of county commissioners, at
3811	the date of its resolution pledging said funds, to be sufficient
3812	to cover the principal and interest of such obligations during
3813	the period when said pledge of funds shall be in effect.
3814	1.  The authority shall reimburse Osceola County for any
3815	sums expended from said gasoline tax funds used for the payment
3816	of such obligations. Any gasoline tax funds so disbursed shall
3817	be repaid when the authority deems it practicable, together with
3818	interest at the highest rate applicable to any obligations of
3819	the authority.
3820	2.  If the authority determines to fund or refund any bonds
3821	theretofore issued by the authority or by the board of county
3822	commissioners as aforesaid prior to the maturity thereof, the
3823	proceeds of the funding or refunding bonds shall, pending the
3824	prior redemption of the bonds to be funded or refunded, be
3825	invested in direct obligations of the United States. It is the
3826	express intention of this part that such outstanding bonds may
3827	be funded or refunded by the issuance of bonds pursuant to this
3828	part.
3829	(h)  To make contracts of every name and nature, including,
3830	but not limited to, partnerships providing for participation in
3831	ownership and revenues, and to execute all instruments necessary
3832	or convenient for the carrying on of its business.
3833	(i)  Without limitation of the foregoing, to borrow money
3834	and accept grants from and to enter into contracts, leases, or
3835	other transactions with any federal agency, the state, any
3836	agency of the state, Osceola County, or with any other public
3837	body of the state.
3838	(j)  To have the power of eminent domain, including the
3839	procedural powers granted under chapters 73 and 74.
3840	(k)  To pledge, hypothecate, or otherwise encumber all or
3841	any part of the revenues, rates, fees, rentals, or other charges
3842	or receipts of the authority, including all or any portion of
3843	the Osceola County gasoline tax funds received by the authority
3844	pursuant to the terms of any lease-purchase agreement between
3845	the authority and the department, as security for all or any of
3846	the obligations of the authority.
3847	(l)  To enter into partnership and other agreements
3848	respecting ownership and revenue participation in order to
3849	facilitate financing and constructing any project or portions
3850	thereof.
3851	(m)  To participate in developer agreements or to receive
3852	developer contributions.
3853	(n)  To contract with Osceola County for the operation of a
3854	toll facility within the county.
3855	(o)  To do all acts and things necessary or convenient for
3856	the conduct of its business and the general welfare of the
3857	authority in order to carry out the powers granted to it by this
3858	part or any other law.
3859	(p)  With the consent of the county within whose
3860	jurisdiction the following activities occur, to construct,
3861	operate, and maintain roads, bridges, avenues of access,
3862	thoroughfares, and boulevards outside the jurisdictional
3863	boundaries of Osceola County together with the right to
3864	construct, repair, replace, operate, install, and maintain
3865	electronic toll payment systems thereon with all necessary and
3866	incidental powers to accomplish the foregoing.
3867	(3)  The authority shall have no power at any time or in
3868	any manner to pledge the credit or taxing power of the state or
3869	any political subdivision or agency thereof, including Osceola
3870	County, nor shall any of the authority's obligations be deemed
3871	to be obligations of the state or of any political subdivision
3872	or agency thereof, nor shall the state or any political
3873	subdivision or agency thereof, except the authority, be liable
3874	for the payment of the principal of or interest on such
3875	obligations.
3876	(4)  Anything in this part to the contrary notwithstanding,
3877	acquisition of right-of-way for a project of the authority which
3878	is within the boundaries of any municipality in Osceola County
3879	shall not be started unless and until the route of said project
3880	within said municipality has been given prior approval by the
3881	governing body of said municipality.
3882	(5)  Anything in this part to the contrary notwithstanding,
3883	acquisition of right-of-way for a project of the authority which
3884	is within the unincorporated area of Osceola County shall not be
3885	started unless and until the route of said project within the
3886	unincorporated area has been given prior approval by the
3887	governing body of Osceola County.
3888	(6)  The authority shall have no power other than by
3889	consent of Osceola County or any affected city to enter into any
3890	agreement which would legally prohibit the construction of any
3891	road by Osceola County or by any municipality within Osceola
3892	County.
3893	(7)  This part does not preclude the department from
3894	acquiring, holding, constructing, improving, maintaining,
3895	operating, or owning tolled or nontolled facilities funded and
3896	constructed from nonauthority revenue sources that are part of
3897	the State Highway System within the geographical boundaries of
3898	the Osceola County Expressway Authority.
3899	348.9805  Authority for bond financing of
3900	improvements.--Pursuant to s. 11(f), Art. VII of the State
3901	Constitution, the Legislature hereby approves for bond financing
3902	by the Osceola County Expressway Authority improvements to toll
3903	collection facilities, interchanges to the legislatively
3904	approved expressway system, and any other facility appurtenant,
3905	necessary, or incidental to the approved system. Subject to
3906	terms and conditions of applicable revenue bond resolutions and
3907	covenants, such costs may be financed in whole or in part by
3908	revenue bonds issued pursuant to s. 348.9806(1)(a) or (b)
3909	whether currently issued or issued in the future, or by a
3910	combination of such bonds.
3911	348.9806  Bonds of the authority.--
3912	(1)(a)  Bonds may be issued on behalf of the authority
3913	pursuant to the State Bond Act.
3914	(b)  Alternatively, the authority may issue its own bonds
3915	pursuant to this part at such times and in such principal amount
3916	as, in the opinion of the authority, is necessary to provide
3917	sufficient moneys for achieving its purposes; however, such
3918	bonds may not pledge the full faith and credit of the state.
3919	Bonds issued by the authority pursuant to this paragraph or
3920	paragraph (a), whether on original issuance or on refunding,
3921	shall be authorized by resolution of the members thereof, may be
3922	either term or serial bonds, and shall bear such date or dates,
3923	mature at such time or times, not exceeding 40 years after their
3924	respective dates, bear interest at such rate or rates, payable
3925	semiannually, be in such denominations, be in such form, either
3926	coupon or fully registered, carry such registration,
3927	exchangeability, and interchangeability privileges, be payable
3928	in such medium of payment and at such place or places, be
3929	subject to such terms of redemption, and be entitled to such
3930	priorities on the revenues, rates, fees, rentals, or other
3931	charges or receipts of the authority including the Osceola
3932	County gasoline tax funds received by the authority pursuant to
3933	the terms of any lease-purchase agreement between the authority
3934	and the department, as such resolution or any resolution
3935	subsequent thereto may provide. The bonds shall be executed
3936	either by manual or facsimile signature by such officers as the
3937	authority shall determine, provided that such bonds shall bear
3938	at least one signature which is manually executed thereon, and
3939	the coupons attached to such bonds shall bear the facsimile
3940	signature or signatures of such officer or officers as shall be
3941	designated by the authority and shall have the seal of the
3942	authority affixed, imprinted, reproduced, or lithographed
3943	thereon, all as may be prescribed in such resolution or
3944	resolutions.
3945	(c)  Bonds issued pursuant to paragraph (a) or paragraph
3946	(b) shall be sold at public sale in the same manner provided by
3947	the State Bond Act. However, if the authority shall, by official
3948	action at a public meeting, determine that a negotiated sale of
3949	such bonds is in the best interest of the authority, the
3950	authority may negotiate the sale of such bonds with the
3951	underwriter designated by the authority and the Division of Bond
3952	Finance of the State Board of Administration with respect to
3953	bonds issued pursuant to paragraph (a) or solely the authority
3954	with respect to bonds issued pursuant to paragraph (b). The
3955	authority's determination to negotiate the sale of such bonds
3956	may be based, in part, upon the written advice of the
3957	authority's financial adviser. Pending the preparation of
3958	definitive bonds, interim certificates may be issued to the
3959	purchaser or purchasers of such bonds and may contain such terms
3960	and conditions as the authority may determine.
3961	(d)  The authority may issue bonds pursuant to paragraph
3962	(b) to refund any bonds previously issued regardless of whether
3963	the bonds being refunded were issued by the authority pursuant
3964	to this chapter or on behalf of the authority pursuant to the
3965	State Bond Act.
3966	(2)  The authority may employ fiscal agents as provided by
3967	this part or the State Board of Administration may, upon request
3968	of the authority, act as fiscal agent for the authority in the
3969	issuance of any bonds which may be issued pursuant to this part.
3970	The State Board of Administration may, upon request of the
3971	authority, take over the management, control, administration,
3972	custody, and payment of any or all debt services or funds or
3973	assets now or hereafter available for any bonds issued pursuant
3974	to this part. The authority may enter into any deeds of trust,
3975	indentures, or other agreements with its fiscal agent or with
3976	any bank or trust company within or without the state as
3977	security for such bonds and may, under such agreements, sign and
3978	pledge all or any of the revenues, rates, fees, rentals, or
3979	other charges or receipts of the authority, including all or any
3980	portion of the Osceola County gasoline tax funds received by the
3981	authority pursuant to the terms of any lease-purchase agreement
3982	between the authority and the department, thereunder. Such deed
3983	of trust, indenture, or other agreement may contain such
3984	provisions as are customary in such instruments or as the
3985	authority may authorize.
3986	(3)  Any of the bonds issued pursuant to this part are, and
3987	are hereby declared to be, negotiable instruments and shall have
3988	all the qualities and incidents of negotiable instruments under
3989	the law merchant and the negotiable instruments law of the
3990	state.
3991	(4)  Notwithstanding any of the provisions of this part,
3992	each project, building, or facility which has been financed by
3993	the issuance of bonds or other evidence of indebtedness under
3994	this part and any refinancing thereof is hereby approved as
3995	provided for in s. 11(f), Art. VII of the State Constitution.
3996	348.9808  Lease-purchase agreement.--
3997	(1)  In order to effectuate the purposes of this part and
3998	as authorized by this part, the authority may enter into a
3999	lease-purchase agreement with the department relating to and
4000	covering the Osceola County Expressway System.
4001	(2)  Such lease-purchase agreement shall provide for the
4002	leasing of the Osceola County Expressway System by the authority
4003	as lessor to the department as lessee, shall prescribe the term
4004	of such lease and the rentals to be paid thereunder, and shall
4005	provide that, upon the completion of the faithful performance
4006	thereunder and the termination of such lease-purchase agreement,
4007	title in fee simple absolute to the Osceola County Expressway
4008	System as then constituted shall be transferred in accordance
4009	with law by the authority to the state and the authority shall
4010	deliver to the department such deeds and conveyances as shall be
4011	necessary or convenient to vest title in fee simple absolute in
4012	the state.
4013	348.9809  Department may be appointed agent of authority
4014	for construction.--The authority may appoint the department as
4015	its agent for the purpose of constructing improvements and
4016	extensions to the Osceola County Expressway System and for the
4017	completion thereof. In such event, the authority shall provide
4018	the department with complete copies of all documents,
4019	agreements, resolutions, contracts, and instruments relating
4020	thereto; shall request the department to do such construction
4021	work, including the planning, surveying, and actual construction
4022	of the completion, extensions, and improvements of the Osceola
4023	County Expressway System; and shall transfer to the credit of an
4024	account of the department in the treasury of the state the
4025	necessary funds therefor, and the department shall thereupon be
4026	authorized, empowered, and directed to proceed with such
4027	construction and to use the funds for such purpose in the same
4028	manner that it is now authorized to use the funds otherwise
4029	provided by law for its use in construction of roads and
4030	bridges.
4031	348.9811  Acquisition of lands and property.--
4032	(1)  For the purposes of this part, the Osceola County
4033	Expressway Authority may acquire private or public property and
4034	property rights, including rights of access, air, view, and
4035	light, by gift, devise, purchase, or condemnation by eminent
4036	domain proceedings as the authority may deem necessary for any
4037	of the purposes of this part, including, but not limited to, any
4038	lands reasonably necessary for securing applicable permits,
4039	areas necessary for management of access, borrow pits, drainage
4040	ditches, water retention areas, rest areas, replacement access
4041	for landowners whose access is impaired due to the construction
4042	of a facility, and replacement rights-of-way for relocated rail
4043	and utility facilities; for existing, proposed, or anticipated
4044	transportation facilities on the Osceola County Expressway
4045	System or in a transportation corridor designated by the
4046	authority; or for the purposes of screening, relocation,
4047	removal, or disposal of junkyards and scrap metal processing
4048	facilities. The authority shall also have the power to condemn
4049	any material and property necessary for such purposes.
4050	(2)  The right of eminent domain conferred in this part
4051	shall be exercised by the authority in the manner provided by
4052	law.
4053	(3)  When the authority acquires property for a
4054	transportation facility or in a transportation corridor, it is
4055	not subject to any liability imposed by chapter 376 or chapter
4056	403 for preexisting soil or groundwater contamination due solely
4057	to its ownership. This section does not affect the rights or
4058	liabilities of any past or future owners of the acquired
4059	property, nor does it affect the liability of any governmental
4060	entity for the results of its actions which create or exacerbate
4061	a pollution source. The authority and the Department of
4062	Environmental Protection may enter into interagency agreements
4063	for the performance, funding, and reimbursement of the
4064	investigative and remedial acts necessary for property acquired
4065	by the authority.
4066	348.9812  Cooperation with other units, boards, agencies,
4067	and individuals.--Express authority and power is hereby given
4068	and granted to any county, municipality, drainage district, road
4069	and bridge district, school district, or any other political
4070	subdivision, board, commission, or individual in or of the state
4071	to make and enter into with the authority contracts, leases,
4072	conveyances, partnerships, or other agreements within the
4073	provisions and purposes of this part. The authority is hereby
4074	expressly authorized to make and enter into contracts, leases,
4075	conveyances, partnerships, and other agreements with any
4076	political subdivision, agency, or instrumentality of the state
4077	and any and all federal agencies, corporations, and individuals
4078	for the purpose of carrying out the provisions of this part.
4079	348.9813  Covenant of the state.--The state does hereby
4080	pledge to and agrees with any person, firm, or corporation or
4081	federal or state agency subscribing to or acquiring the bonds to
4082	be issued by the authority for the purposes of this part that
4083	the state will not limit or alter the rights hereby vested in
4084	the authority and the department until all bonds at any time
4085	issued, together with the interest thereon, are fully paid and
4086	discharged insofar as the same affects the rights of the holders
4087	of bonds issued hereunder. The state does further pledge to and
4088	agree with the United States that in the event any federal
4089	agency shall construct or contribute any funds for the
4090	completion, extension, or improvement of the Osceola County
4091	Expressway System, or any part or portion thereof, the state
4092	will not alter or limit the rights and powers of the authority
4093	and the department in any manner which would be inconsistent
4094	with the continued maintenance and operation of the Osceola
4095	County Expressway System or the completion, extension, or
4096	improvement thereof or which would be inconsistent with the due
4097	performance of any agreements between the authority and any such
4098	federal agency. The authority and the department shall continue
4099	to have and may exercise all powers herein granted so long as
4100	the same shall be necessary or desirable for the carrying out of
4101	the purposes of this part and the purposes of the United States
4102	in the completion, extension, or improvement of the Osceola
4103	County Expressway System or any part or portion thereof.
4104	348.9814  Exemption from taxation.--The effectuation of the
4105	authorized purposes of the authority created under this part is,
4106	shall, and will be in all respects for the benefit of the people
4107	of the state, for the increase of their commerce and prosperity,
4108	and for the improvement of their health and living conditions
4109	and, since the authority will be performing essential
4110	governmental functions in effectuating such purposes, the
4111	authority shall not be required to pay any taxes or assessments
4112	of any kind or nature whatsoever upon any property acquired or
4113	used by it for such purposes or upon any rates, fees, rentals,
4114	receipts, income, or charges at any time received by it and the
4115	bonds issued by the authority, their transfer, and the income
4116	therefrom, including any profits made on the sale thereof, shall
4117	at all times be free from taxation of any kind by the state or
4118	by any political subdivision or taxing agency or instrumentality
4119	thereof. The exemption granted by this section shall not be
4120	applicable to any tax imposed by chapter 220 on interest,
4121	income, or profits on debt obligations owned by corporations.
4122	348.9815  Eligibility for investments and security.--Any
4123	bonds or other obligations issued pursuant to this part shall be
4124	and constitute legal investments for banks, savings banks,
4125	trustees, executors, administrators, and all other fiduciaries
4126	and for all state, municipal, and other public funds and shall
4127	also be and constitute securities eligible for deposit as
4128	security for all state, municipal, or other public funds,
4129	notwithstanding the provisions of any other law or laws to the
4130	contrary.
4131	348.9816  Pledges enforceable by bondholders.--It is the
4132	express intention of this part that any pledge by the department
4133	of rates, fees, revenues, Osceola County gasoline tax funds, or
4134	other funds, as rentals, to the authority, or any covenants or
4135	agreements relative thereto, may be enforceable in any court of
4136	competent jurisdiction against the authority by any holder of
4137	bonds issued by the authority.
4138	348.9817  This part complete and additional authority.--
4139	(1)  The powers conferred by this part shall be in addition
4140	and supplemental to the existing powers of the board and the
4141	department, and this part shall not be construed as repealing
4142	any of the provisions of any other law, general, special, or
4143	local, but to supersede such other laws in the exercise of the
4144	powers provided in this part and to provide a complete method
4145	for the exercise of the powers granted in this part. The
4146	extension and improvement of the Osceola County Expressway
4147	System and the issuance of bonds hereunder to finance all or
4148	part of the cost thereof may be accomplished upon compliance
4149	with the provisions of this part without regard to or necessity
4150	for compliance with the provisions, limitations, or restrictions
4151	contained in any other general, special, or local law,
4152	including, but not limited to, s. 215.821. No approval of any
4153	bonds issued under this part by the qualified electors or
4154	qualified electors who are freeholders in the state or in
4155	Osceola County or in any other political subdivision of the
4156	state shall be required for the issuance of such bonds pursuant
4157	to this part.
4158	(2)  This part shall not be deemed to repeal, rescind, or
4159	modify the Osceola County Charter. This part shall not be deemed
4160	to repeal, rescind, or modify any other law relating to the
4161	State Board of Administration, the Department of Transportation,
4162	or the Division of Bond Finance of the State Board of
4163	Administration but shall be deemed to and shall supersede such
4164	other laws as are inconsistent with the provisions of this part,
4165	including, but not limited to, s. 215.821.
4166	Section 64.  The Florida Transportation Commission shall
4167	conduct a study and prepare a report of the progress made by
4168	M.P.O.'s to establish improved coordinated transportation
4169	planning processes. The report shall, at a minimum, address the
4170	efforts and progress of each M.P.O. to include representatives
4171	of the various modes of transportation into the metropolitan
4172	planning process; the efforts and progress of M.P.O.'s located
4173	within urbanized areas consisting of more than one M.P.O., or
4174	M.P.O.'s located in urbanized areas that are contiguous to
4175	M.P.O.'s serving different urbanized areas, to implement
4176	coordinated long-range transportation plans covering the
4177	combined metropolitan planning area; the extent to which these
4178	long-range plans serve as the basis for the transportation
4179	improvement program of each M.P.O.; and an assessment of the
4180	effectiveness of processes to prioritize regionally-significant
4181	projects and implement regional public involvement activities.
4182	The report shall be submitted to the Governor, the President of
4183	the Senate, and the Speaker of the House of Representatives no
4184	later than January 15, 2007.
4185	Section 65.  Subsection (5) of section 810.011, Florida
4186	Statutes, is amended to read:
4187	810.011  Definitions.--As used in this chapter:
4188	(5)(a)  "Posted land" is that land upon which signs are
4189	placed not more than 500 feet apart along, and at each corner
4190	of, the boundaries of the land, upon which signs there appears
4191	prominently, in letters of not less than 2 inches in height, the
4192	words "no trespassing" and in addition thereto the name of the
4193	owner, lessee, or occupant of said land. Said signs shall be
4194	placed along the boundary line of posted land in a manner and in
4195	such position as to be clearly noticeable from outside the
4196	boundary line.
4197	(b)  It shall not be necessary to give notice by posting on
4198	any enclosed land or place not exceeding 5 acres in area on
4199	which there is a dwelling house in order to obtain the benefits
4200	of ss. 810.09 and 810.12 pertaining to trespass on enclosed
4201	lands.
4202	(c)1.  In order to obtain the benefits of ss. 810.09 and
4203	810.12 pertaining to trespass on enclosed and posted land, it
4204	shall not be necessary to give notice by posting as required in
4205	paragraph (a) on any stationary rails or roadbeds that are owned
4206	or leased by a railroad or railway company and that are:
4207	1.  Readily recognizable to a reasonable person as being
4208	the property of a railroad or railway company; or
4209	2.  Identified by conspicuous fencing or signs indicating
4210	that the property is owned or leased by a railroad or railway
4211	company.
4212	Section 66.  For the purpose of incorporating the amendment
4213	to section 810.011, Florida Statutes, in a reference thereto,
4214	paragraph (a) of subsection (1) of section 810.09, Florida
4215	Statutes, is reenacted to read:
4216	810.09  Trespass on property other than structure or
4217	conveyance.--
4218	(1)(a)  A person who, without being authorized, licensed,
4219	or invited, willfully enters upon or remains in any property
4220	other than a structure or conveyance:
4221	1.  As to which notice against entering or remaining is
4222	given, either by actual communication to the offender or by
4223	posting, fencing, or cultivation as described in s. 810.011; or
4224	2.  If the property is the unenclosed curtilage of a
4225	dwelling and the offender enters or remains with the intent to
4226	commit an offense thereon, other than the offense of trespass,
4227
4228	commits the offense of trespass on property other than a
4229	structure or conveyance.
4230	Section 67.  Section 2 of chapter 89-383, Laws of Florida,
4231	is amended to read:
4232	Section 2.  Red Road is hereby designated as a state
4233	historic highway. No public funds shall be expended for:
4234	(1)  The removal of any healthy tree which is not a safety
4235	hazard.
4236	(2)  Any alteration of the physical dimensions or location
4237	of Red Road, the median strip thereof, the land adjacent
4238	thereto, or any part of the original composition of the
4239	entranceway, including the towers, the walls, and the lampposts.
4240	(3)  Any construction on or along Red Road of any new
4241	structure, or any building, clearing, filling, or excavating on
4242	or along Red Road except for routine maintenance or alterations,
4243	modifications, or improvements to it and the adjacent right-of-
4244	way made for the purpose of enhancing life safety for vehicular
4245	or pedestrian use of Red Road if the number of traffic lanes is
4246	not altered work which is essential to the health, safety, or
4247	welfare of the environment.
4248	Section 68.  Brickell Avenue designated; signs, mailing
4249	addresses, listings, and markers.--
4250	(1)  Notwithstanding ss. 267.062 and 334.071, Florida
4251	Statutes, that portion of S.E. 2nd Avenue from the Miami River
4252	Bridge north to S.E. 2nd Street is designated as "Brickell
4253	Avenue."
4254	(2)  The City of Miami is authorized and directed to change
4255	street signs and markers, mailing addresses, and 911 emergency
4256	telephone number system listings to reflect the designation.
4257	(3)  The City of Miami is authorized and directed to erect
4258	the appropriate signs and markers upon Brickell Avenue as
4259	described in subsection (1).
4260	Section 69.  This act shall take effect July 1, 2006.

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