Senate Bill sb0954c2

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    Florida Senate - 2006                     CS for CS for SB 954

    By the Committees on Transportation and Economic Development
    Appropriations; Transportation; and Senator Sebesta




    606-2303-06

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         316.650, F.S.; revising procedures for

  4         disposition of citations issued for failure to

  5         pay toll; providing that the citation will not

  6         be submitted to the court and no points will be

  7         assessed on the driver's license if the person

  8         cited elects to make payment directly to the

  9         governmental entity that issued the citation;

10         providing for reporting of the citation by the

11         governmental entity to the Department of

12         Highway Safety and Motor Vehicles; amending s.

13         318.14, F.S.; providing for the amount required

14         to be paid under certain procedures for

15         disposition of a citation issued for failure to

16         pay a toll; providing for the person cited to

17         request a court hearing; amending s. 318.18,

18         F.S.; revising penalties for failure to pay a

19         prescribed toll; providing for disposition of

20         amounts received by the clerk of court;

21         revising procedures for withholding of

22         adjudication; providing for suspension of a

23         driver's license under certain circumstances;

24         amending s. 348.754, F.S.; authorizing the

25         Orlando-Orange County Expressway Authority to

26         waive payment and performance bonds on certain

27         construction contracts if the contract is

28         awarded pursuant to an economic development

29         program for the encouragement of local small

30         businesses; providing criteria for

31         participation in the program; providing

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 1         criteria for the bond waiver; providing for

 2         certain determinations by the authority's

 3         executive director or a designee as to the

 4         suitability of a project; providing for certain

 5         payment obligations if a payment and

 6         performance bond is waived; requiring the

 7         authority to record notice of the obligation;

 8         limiting eligibility to bid on the projects;

 9         providing for the authority to conduct

10         bond-eligibility training for certain

11         businesses; requiring the authority to submit

12         biennial reports to the Orange County

13         legislative delegation; amending s. 348.0004,

14         F.S.; authorizing transportation authorities,

15         bridge authorities, or toll authorities to

16         enter agreements with private entities to

17         provide transportation facilities; amending s.

18         348.0012, F.S.; clarifying certain exemptions

19         from the Florida Expressway Authority Act;

20         providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Paragraph (b) of subsection (3) of section

25  316.650, Florida Statutes, is amended to read:

26         316.650  Traffic citations.--

27         (3)

28         (b)  If a traffic citation is issued pursuant to s.

29  316.1001, a traffic enforcement officer may deposit the

30  original and one copy of such traffic citation or, in the case

31  of a traffic enforcement agency that has an automated citation

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 1  system, may provide an electronic facsimile with a court

 2  having jurisdiction over the alleged offense or with its

 3  traffic violations bureau within 45 days after the date of

 4  issuance of the citation to the violator. If the person cited

 5  for the violation of s. 316.1001 makes the election provided

 6  by s. 318.14(12) and pays the fine imposed by the toll

 7  authority plus the amount of the unpaid toll which is shown on

 8  the traffic citation directly to the governmental entity that

 9  issued the citation in accordance with s. 318.14(12), the

10  traffic citation will not be submitted to the court, the

11  disposition will be reported to the department by the

12  governmental entity that issued the citation, and no points

13  will be assessed against the person's driver's license.

14         Section 2.  Subsection (12) of section 318.14, Florida

15  Statutes, is amended to read:

16         318.14  Noncriminal traffic infractions; exception;

17  procedures.--

18         (12)  Any person cited for a violation of s. 316.1001

19  may, in lieu of making an election as set forth in subsection

20  (4) or s. 318.18(7), elect to pay a his or her fine of $25 or,

21  such other amount as imposed by the toll authority, plus the

22  amount of the unpaid toll which is shown on the traffic

23  citation directly to the governmental entity that issued the

24  citation, within 30 days after the date of issuance of the

25  citation. Any person cited for a violation of s. 316.1001 who

26  does not elect to pay the fine imposed by the toll authority

27  plus the amount of the unpaid toll which is shown on the

28  traffic citation directly to the governmental entity that

29  issued the citation as described in this subsection section

30  shall have an additional 45 days after the date of the

31  issuance of the citation in which to request a court hearing

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 1  or to pay the civil penalty and delinquent fee, if applicable,

 2  as provided in s. 318.18(7), either by mail or in person, in

 3  accordance with subsection (4).

 4         Section 3.  Subsection (7) of section 318.18, Florida

 5  Statutes, is amended to read:

 6         318.18  Amount of civil penalties.--The penalties

 7  required for a noncriminal disposition pursuant to s. 318.14

 8  are as follows:

 9         (7)  A mandatory fine of $100 One hundred dollars for

10  each a violation of s. 316.1001 plus the amount of the unpaid

11  toll shown on the traffic citation for each citation issued.

12  The clerk of the court shall forward $25 of the $100 fine

13  received plus the amount of the unpaid toll which is shown on

14  the citation to the governmental entity that issued the

15  citation. If adjudication is withheld or there is a plea

16  arrangement prior to a hearing, there shall be a minimum

17  mandatory fine assessed per citation of $100 plus the amount

18  of the unpaid toll for each citation issued. The clerk of the

19  court shall forward $25 of the $100 plus the amount of the

20  unpaid toll as shown on the citation to the governmental

21  entity that issued the citation. The court shall have specific

22  authority to consolidate issued citations for the same

23  defendant for the purpose of sentencing and aggregate

24  jurisdiction. In addition, the department shall suspend for 60

25  days the driver's license of a person who is convicted of 10

26  violations of s. 316.1001 within a 36-month period. However, a

27  person may elect to pay $30 to the clerk of the court, in

28  which case adjudication is withheld, and no points are

29  assessed under s. 322.27. Upon receipt of the fine, the clerk

30  of the court must retain $5 for administrative purposes and

31  must forward the $25 to the governmental entity that issued

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 1  the citation. Any funds received by a governmental entity for

 2  this violation may be used for any lawful purpose related to

 3  the operation or maintenance of a toll facility.

 4         Section 4.  Subsection (6) is added to section 348.754,

 5  Florida Statutes, to read:

 6         348.754  Purposes and powers.--

 7         (6)(a)  Notwithstanding s. 255.05, the Orlando-Orange

 8  County Expressway Authority may waive payment and performance

 9  bonds on construction contracts for the construction of a

10  public building, for the prosecution and completion of a

11  public work, or for repairs on a public building or public

12  work that has a cost of $500,000 or less and when the project

13  is awarded pursuant to an economic development program for the

14  encouragement of local small businesses which has been adopted

15  by the governing body of the Orlando-Orange County Expressway

16  Authority pursuant to a resolution or policy.

17         (b)  The authority's adopted criteria for participation

18  in the economic development program for local small businesses

19  requires that a participant:

20         1.  Be an independent business.

21         2.  Be principally domiciled in the Orange County

22  Standard Metropolitan Statistical Area.

23         3.  Employ 25 or fewer full-time employees.

24         4.  Have gross annual sales averaging $3 million or

25  less over the immediately preceding 3 calendar years with

26  regard to any construction element of the program.

27         5.  Be accepted as a participant in the Orlando-Orange

28  County Expressway Authority's microcontracts program or such

29  other small business program as may be hereinafter enacted by

30  the Orlando-Orange County Expressway Authority.

31  

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 1         6.  Participate in an educational curriculum or

 2  technical assistance program for business development which

 3  will assist the small business in becoming eligible for

 4  bonding.

 5         (c)  The authority's adopted procedures for waiving

 6  payment and performance bonds on projects having values not

 7  less than $200,000 and not exceeding $500,000 shall provide

 8  that payment and performance bonds may be waived only on

 9  projects that have been set aside to be competitively bid on

10  by participants in an economic development program for local

11  small businesses. The authority's executive director or his or

12  her designee shall determine whether specific construction

13  projects are suitable for:

14         1.  Bidding under the authority's microcontracts

15  program by registered local small businesses; and

16         2.  Waiver of the payment and performance bond.

17  

18  The decision of the authority's executive director or deputy

19  executive director to waive the payment and performance bond

20  shall be based upon his or her investigation and conclusion

21  that there exists sufficient competition so that the authority

22  receives a fair price and does not undertake any unusual risk

23  with respect to such project.

24         (d)  For any contract for which a payment and

25  performance bond has been waived pursuant to the authority set

26  forth in this section, the Orlando-Orange County Expressway

27  Authority shall pay all persons defined in s. 713.01 who

28  furnish labor, services, or materials for the prosecution of

29  the work provided for in the contract to the same extent and

30  upon the same conditions that a surety on the payment bond

31  under s. 255.05 would have been obligated to pay such persons

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 1  if the payment and performance bond had not been waived. The

 2  authority shall record notice of this obligation in the manner

 3  in which and at the location where surety bonds are recorded.

 4  The notice must include the information describing the

 5  contract that s. 255.05(1) requires be stated on the front

 6  page of the bond. Notwithstanding that s. 255.05(9) generally

 7  applies when a performance and payment bond is required, s.

 8  255.05(9) shall apply under this subsection to any contract

 9  for which performance or payment bonds are waived, and any

10  claim to payment under this subsection shall be treated as a

11  contract claim pursuant to s. 255.05(9).

12         (e)  A small business that has been the successful

13  bidder on six projects for which the payment and performance

14  bond was waived by the authority pursuant to paragraph (a)

15  shall be ineligible to bid on additional projects for which

16  the payment and performance bond is to be waived. The local

17  small business may continue to participate in other elements

18  of the economic development program for local small businesses

19  as long as it is eligible to do so.

20         (f)  The authority shall conduct bond-eligibility

21  training for businesses qualifying for bond waiver under this

22  subsection to encourage and promote bond eligibility for such

23  businesses.

24         (g)  The authority shall prepare a biennial report on

25  the activities undertaken pursuant to this subsection to be

26  submitted to the Orange County legislative delegation. The

27  initial report shall be due December 31, 2008.

28         Section 5.  Subsection (9) of section 348.0004, Florida

29  Statutes, is amended to read:

30         348.0004  Purposes and powers.--

31  

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 1         (9)  The Legislature declares that there is a public

 2  need for rapid construction of safe and efficient

 3  transportation facilities for travel within the state and that

 4  it is in the public's interest to provide for public-private

 5  partnership agreements to effectuate the construction of

 6  additional safe, convenient, and economical transportation

 7  facilities.

 8         (a)  Notwithstanding any other provision of the Florida

 9  Expressway Authority Act, any expressway authority,

10  transportation authority, bridge authority, or toll authority

11  established under this part or any other statute may receive

12  or solicit proposals and enter into agreements with private

13  entities, or consortia thereof, for the building, operation,

14  ownership, or financing of expressway authority transportation

15  facilities or new transportation facilities within the

16  jurisdiction of the expressway authority. An expressway

17  authority is authorized to adopt rules to implement this

18  subsection and shall, by rule, establish an application fee

19  for the submission of unsolicited proposals under this

20  subsection. The fee must be sufficient to pay the costs of

21  evaluating the proposals. An expressway authority may engage

22  private consultants to assist in the evaluation. Before

23  approval, an expressway authority must determine that a

24  proposed project:

25         1.  Is in the public's best interest.

26         2.  Would not require state funds to be used unless the

27  project is on or provides increased mobility on the State

28  Highway System.

29         3.  Would have adequate safeguards to ensure that no

30  additional costs or service disruptions would be realized by

31  the traveling public and residents citizens of the state in

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 1  the event of default or the cancellation of the agreement by

 2  the expressway authority.

 3         (b)  An expressway authority shall ensure that all

 4  reasonable costs to the state which are, related to

 5  transportation facilities that are not part of the State

 6  Highway System, are borne by the private entity. An expressway

 7  authority shall also ensure that all reasonable costs to the

 8  state and substantially affected local governments and

 9  utilities related to the private transportation facility are

10  borne by the private entity for transportation facilities that

11  are owned by private entities.  For projects on the State

12  Highway System, the department may use state resources to

13  participate in funding and financing the project as provided

14  for under the department's enabling legislation.

15         (c)  The expressway authority may request proposals for

16  public-private transportation projects or, if it receives an

17  unsolicited proposal, it must publish a notice in the Florida

18  Administrative Weekly and a newspaper of general circulation

19  in the county in which it is located at least once a week for

20  2 weeks, stating that it has received the proposal and will

21  accept, for 60 days after the initial date of publication,

22  other proposals for the same project purpose. A copy of the

23  notice must be mailed to each local government in the affected

24  areas. After the public notification period has expired, the

25  expressway authority shall rank the proposals in order of

26  preference. In ranking the proposals, the expressway authority

27  shall consider professional qualifications, general business

28  terms, innovative engineering or cost-reduction terms, finance

29  plans, and the need for state funds to deliver the proposal.

30  If the expressway authority is not satisfied with the results

31  of the negotiations, it may, at its sole discretion, terminate

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 1  negotiations with the proposer. If these negotiations are

 2  unsuccessful, the expressway authority may go to the second

 3  and lower-ranked firms, in order, using the same procedure. If

 4  only one proposal is received, the expressway authority may

 5  negotiate in good faith, and if it is not satisfied with the

 6  results, it may, at its sole discretion, terminate

 7  negotiations with the proposer. Notwithstanding this

 8  paragraph, the expressway authority may, at its discretion,

 9  reject all proposals at any point in the process up to

10  completion of a contract with the proposer.

11         (d)  The department may lend funds from the Toll

12  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

13  public-private partnerships. To be eligible a private entity

14  must comply with s. 338.251 and must provide an indication

15  from a nationally recognized rating agency that the senior

16  bonds for the project will be investment grade or must provide

17  credit support, such as a letter of credit or other means

18  acceptable to the department, to ensure that the loans will be

19  fully repaid.

20         (e)  Agreements entered into pursuant to this

21  subsection may authorize the public-private entity to impose

22  tolls or fares for the use of the facility. However, the

23  amount and use of toll or fare revenues shall be regulated by

24  the expressway authority to avoid unreasonable costs to users

25  of the facility.

26         (f)  Each public-private transportation facility

27  constructed pursuant to this subsection shall comply with all

28  requirements of federal, state, and local laws; state,

29  regional, and local comprehensive plans; the expressway

30  authority's rules, policies, procedures, and standards for

31  transportation facilities; and any other conditions that the

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 1  expressway authority determines to be in the public's best

 2  interest.

 3         (g)  An expressway authority may exercise any power

 4  possessed by it, including eminent domain, to facilitate the

 5  development and construction of transportation projects

 6  pursuant to this subsection. An expressway authority may pay

 7  all or part of the cost of operating and maintaining the

 8  facility or may provide services to the private entity for

 9  which it receives full or partial reimbursement for services

10  rendered.

11         (h)  Except as herein provided, this subsection is not

12  intended to amend existing laws by granting additional powers

13  to or further restricting the governmental entities from

14  regulating and entering into cooperative arrangements with the

15  private sector for the planning, construction, and operation

16  of transportation facilities. Use of the powers granted in

17  this subsection may not subject a statutorily created

18  expressway authority, transportation authority, bridge

19  authority, or toll authority, other than one statutorily

20  created under this part, to any of the requirements of this

21  part other than those contained in this subsection.

22         Section 6.  Section 348.0012, Florida Statutes, is

23  amended to read:

24         348.0012  Exemptions from applicability.--The Florida

25  Expressway Authority Act does not apply:

26         (1)  In a county in which an expressway authority has

27  been created pursuant to other parts II-IX of this chapter,

28  except as expressly provided in this part; or

29         (2)  To a transportation authority created pursuant to

30  chapter 349.

31         Section 7.  This act shall take effect July 1, 2006.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        CS/Senate Bill 954

 3                                 

 4  The Committee Substitute for Committee Substitute for Senate
    Bill 954 amends current law to allow a motorist, who receives
 5  a citation for nonpayment of tolls, the option of using the
    court system to resolve or paying a reduced fine and the
 6  unpaid toll directly to the tolling agency.  If the motorist
    chooses to avoid the court process, no points will be assessed
 7  against the motorist's license.  In addition, anyone convicted
    of 10 violations within a 36 month period will have their
 8  license suspended for 60 days.

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