Senate Bill sb1928c2

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    Florida Senate - 2007                    CS for CS for SB 1928

    By the Committees on Governmental Operations; and
    Transportation




    585-2544-07

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; providing that the salary and

  4         benefits of the executive director of the

  5         Florida Transportation Commission shall be set

  6         in accordance with the Senior Management

  7         Service; amending s. 112.061, F.S.; authorizing

  8         metropolitan planning organizations and certain

  9         separate entities to establish per diem and

10         travel reimbursement rates; amending s.

11         121.021, F.S.; defining the term "metropolitan

12         planning organization" for purposes of the

13         Florida Retirement System Act; revising

14         definitions to include M.P.O.'s and positions

15         in M.P.O.'s; amending s. 121.051, F.S.;

16         providing for M.P.O.'s to participate in the

17         Florida Retirement System; amending s. 121.055,

18         F.S.; requiring certain M.P.O. staff positions

19         to be in the Senior Management Service Class;

20         amending s. 121.061, F.S.; providing for

21         enforcement of certain employer funding

22         contributions required under the Florida

23         Retirement System; authorizing deductions of

24         amounts owed from certain funds distributed to

25         an M.P.O.; authorizing the governing body of an

26         M.P.O. to file and maintain an action in court

27         to require an employer to remit retirement or

28         social security member contributions or

29         employer matching payments; amending s.

30         121.081, F.S.; providing for M.P.O. officers

31         and staff to claim credit for past service for

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 1         retirement benefits; creating s. 163.3182,

 2         F.S.; providing a short title; providing for

 3         the creation of transportation concurrency

 4         backlog authorities; providing powers and

 5         responsibilities of such authorities; providing

 6         for transportation concurrency backlog plans;

 7         providing for the issuance of revenue bonds for

 8         certain purposes; providing for the

 9         establishment of a trust fund within each

10         county or municipality with an identified

11         transportation concurrency backlog; providing

12         exemptions from transportation concurrency

13         requirements; providing for the satisfaction of

14         concurrency requirements; providing for

15         dissolution of transportation concurrency

16         backlog authorities; amending s. 212.055, F.S.;

17         deleting a provision prohibiting a school

18         district, county, or municipality from issuing

19         bonds more than once each year pledging the

20         proceeds of certain discretionary taxes;

21         amending s. 215.615, F.S.; revising the

22         Department of Transportation's requirement to

23         share certain costs of fixed-guideway system

24         projects; revising criteria for an interlocal

25         agreement to establish bond financing for

26         fixed-guideway system projects; revising

27         provisions for sources of funds for the payment

28         of bonds; amending s. 336.41, F.S.; increasing

29         the threshold for certain road construction and

30         maintenance by counties which is exempt from a

31         competitive-bid requirement; amending s.

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 1         316.605, F.S.; providing height and placement

 2         requirements for vehicle license plates;

 3         prohibiting display that obscures

 4         identification of the letters and numbers on a

 5         license plate; providing penalties; amending s.

 6         316.650, F.S.; revising procedures for

 7         disposition of citations issued for failure to

 8         pay toll; providing that the citation will not

 9         be submitted to the court and no points will be

10         assessed on the driver's license if the person

11         cited elects to make payment directly to the

12         governmental entity that issued the citation;

13         providing for reporting of the citation by the

14         governmental entity to the Department of

15         Highway Safety and Motor Vehicles; amending s.

16         318.14, F.S.; providing for the amount required

17         to be paid under certain procedures for

18         disposition of a citation issued for failure to

19         pay toll; providing for the person cited to

20         request a court hearing; amending s. 318.18,

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

22         prescribed toll; providing for disposition of

23         amounts received by the clerk of court;

24         removing procedures for withholding of

25         adjudication; providing for suspension of a

26         driver's license under certain circumstances;

27         amending s. 320.061, F.S.; prohibiting

28         interfering with the legibility, angular

29         visibility, or detectability of any feature or

30         detail on a license plate or interfering with

31         the ability to record any feature or detail on

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 1         a license plate; amending s. 336.025, F.S.;

 2         deleting a prohibition against local

 3         governments issuing certain bonds secured by

 4         revenues from local option fuel taxes more than

 5         once a year; amending s. 338.161, F.S.;

 6         providing for the Department of Transportation

 7         and certain toll agencies to enter into

 8         agreements with public or private entities for

 9         additional uses of electronic toll collection

10         products and services; authorizing feasibility

11         studies by the department or a toll agency of

12         additional uses of electronic toll devices for

13         legislative consideration; amending s. 339.175,

14         F.S.; revising intent; providing the method of

15         creation and operation of M.P.O.'s required to

16         be designated pursuant to federal law;

17         specifying that an M.P.O. is separate from the

18         state or the governing body of a local

19         government that is represented on the governing

20         board of the M.P.O. or that is a signatory to

21         the interlocal agreement creating the M.P.O.;

22         providing specified powers and privileges to

23         the M.P.O.; providing for the designation and

24         duties of certain officials; revising

25         requirements for voting membership; defining

26         the term "elected officials of a

27         general-purpose local government" to exclude

28         certain constitutional officers for voting

29         membership purposes; providing for the

30         appointment of alternates and advisers;

31         providing that members of an M.P.O. technical

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 1         advisory committee shall serve at the pleasure

 2         of the M.P.O.; providing for the appointment of

 3         an executive or staff director and other

 4         personnel; authorizing an M.P.O. to enter into

 5         contracts with public or private entities to

 6         accomplish its duties and functions; providing

 7         for the training of certain persons who serve

 8         on an M.P.O. for certain purposes; requiring

 9         that certain plans, programs, and amendments

10         that affect projects be approved by each M.P.O.

11         on a recorded roll call vote, or hand-counted

12         vote, of a majority of the membership present;

13         amending s. 339.2819, F.S.; revising the share

14         of matching funds for a public transportation

15         project provided from the Transportation

16         Regional Incentive Program; creating s.

17         339.282, F.S.; providing legislative findings;

18         providing that property owners or developers

19         who voluntarily contribute right-of-way and

20         physically construct or expand a state

21         transportation facility or segment may receive

22         certain credits against any future

23         transportation concurrency requirements under

24         certain conditions; amending s. 343.81, F.S.;

25         prohibiting elected officials from serving on

26         the Northwest Florida Transportation Corridor

27         Authority; providing for application of the

28         prohibition to apply to persons appointed to

29         serve on the authority after a certain date;

30         amending s. 343.82, F.S.; directing the

31         authority to plan for and study the feasibility

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 1         of constructing, operating, and maintaining a

 2         bridge or bridges, and appurtenant structures,

 3         spanning Choctawhatchee Bay or Santa Rosa

 4         Sound; authorizing the authority to construct,

 5         operate, and maintain said bridges and

 6         structures; amending s. 348.0004, F.S.;

 7         authorizing certain transportation-related

 8         authorities to enter into agreements with

 9         private entities for the building, operation,

10         ownership, or financing of transportation

11         facilities; amending s. 348.0012, F.S.;

12         revising provisions for certain exemptions from

13         the Florida Expressway Authority Act; amending

14         s. 348.754, F.S.; authorizing the

15         Orlando-Orange County Expressway Authority to

16         waive payment and performance bonds on certain

17         construction contracts if the contract is

18         awarded pursuant to an economic development

19         program for the encouragement of local small

20         businesses; providing criteria for

21         participation in the program; providing

22         criteria for the bond waiver; providing for

23         certain determinations by the authority's

24         executive director or a designee as to the

25         suitability of a project; providing for certain

26         payment obligations if a payment and

27         performance bond is waived; requiring the

28         authority to record notice of the obligation;

29         limiting eligibility to bid on the projects;

30         providing for the authority to conduct bond

31         eligibility training for certain businesses;

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 1         requiring the authority to submit biennial

 2         reports to the Orange County legislative

 3         delegation; amending ss. 163.3177, 339.176, and

 4         341.828, F.S.; correcting cross-references;

 5         amending s. 2, ch. 89-383, Laws of Florida;

 6         providing for certain alterations to and along

 7         Red Road in Miami-Dade County for

 8         transportation safety purposes; amending s.

 9         479.01, F.S.; defining the term "wall mural";

10         creating s. 479.156, F.S.; providing for the

11         regulation of wall murals by municipalities and

12         counties; requiring that certain wall murals be

13         located in areas zoned for industrial or

14         commercial use; requiring that the local

15         regulation of wall murals be consistent with

16         specified criteria; requiring the Department of

17         Transportation to approve a wall mural under

18         certain conditions; providing an effective

19         date.

20  

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

22  

23         Section 1.  Paragraph (h) of subsection (2) of section

24  20.23, Florida Statutes, is amended to read:

25         20.23  Department of Transportation.--There is created

26  a Department of Transportation which shall be a decentralized

27  agency.

28         (2)

29         (h)  The commission shall appoint an executive director

30  and assistant executive director, who shall serve under the

31  direction, supervision, and control of the commission. The

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 1  executive director, with the consent of the commission, shall

 2  employ such staff as are necessary to perform adequately the

 3  functions of the commission, within budgetary limitations. All

 4  employees of the commission are exempt from part II of chapter

 5  110 and shall serve at the pleasure of the commission. The

 6  salaries and benefits of all employees of the commission,

 7  except for the executive director, shall be set in accordance

 8  with the Selected Exempt Service; provided, however, that the

 9  salary and benefits of the executive director shall be set in

10  accordance with the Senior Management Service. The commission

11  shall have complete authority for fixing the salary of the

12  executive director and assistant executive director.

13         Section 2.  Subsection (14) of section 112.061, Florida

14  Statutes, is amended to read:

15         112.061  Per diem and travel expenses of public

16  officers, employees, and authorized persons.--

17         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

18  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND

19  METROPOLITAN PLANNING ORGANIZATIONS.--

20         (a)  The following entities may establish rates that

21  vary from the per diem rate provided in paragraph (6)(a), the

22  subsistence rates provided in paragraph (6)(b), or the mileage

23  rate provided in paragraph (7)(d) if those rates are not less

24  than the statutorily established rates that are in effect for

25  the 2005-2006 fiscal year:

26         1.  The governing body of a county by the enactment of

27  an ordinance or resolution;

28         2.  A county constitutional officer, pursuant to s.

29  1(d), Art. VIII of the State Constitution, by the

30  establishment of written policy;

31  

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 1         3.  The governing body of a district school board by

 2  the adoption of rules; or

 3         4.  The governing body of a special district, as

 4  defined in s. 189.403(1), except those special districts that

 5  are subject to s. 166.021(10), by the enactment of a

 6  resolution; or

 7         5.  Any metropolitan planning organization created

 8  pursuant to s. 339.175 or any other separate legal or

 9  administrative entity created pursuant to s. 339.175 of which

10  a metropolitan planning organization is a member, by the

11  enactment of a resolution.

12         (b)  Rates established pursuant to paragraph (a) must

13  apply uniformly to all travel by the county, county

14  constitutional officer and entity governed by that officer,

15  district school board, or special district, or metropolitan

16  planning organization.

17         (c)  Except as otherwise provided in this subsection,

18  counties, county constitutional officers and entities governed

19  by those officers, district school boards, and special

20  districts, and metropolitan planning organizations, other than

21  those subject to s. 166.021(10), remain subject to the

22  requirements of this section.

23         Section 3.  Subsection (11), paragraph (a) of

24  subsection (42), and paragraph (b) of subsection (52) of

25  section 121.021, Florida Statutes, are amended, and subsection

26  (62) is added to that section, to read:

27         121.021  Definitions.--The following words and phrases

28  as used in this chapter have the respective meanings set forth

29  unless a different meaning is plainly required by the context:

30         (11)  "Officer or employee" means any person receiving

31  salary payments for work performed in a regularly established

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 1  position and, if employed by a city, a metropolitan planning

 2  organization, or a special district, employed in a covered

 3  group.

 4         (42)(a)  "Local agency employer" means the board of

 5  county commissioners or other legislative governing body of a

 6  county, however styled, including that of a consolidated or

 7  metropolitan government; a clerk of the circuit court,

 8  sheriff, property appraiser, tax collector, or supervisor of

 9  elections, provided such officer is elected or has been

10  appointed to fill a vacancy in an elective office; a community

11  college board of trustees or district school board; or the

12  governing body of any city, metropolitan planning organization

13  created pursuant to s. 339.175 or any other separate legal or

14  administrative entity created pursuant to s. 339.175, or

15  special district of the state which participates in the system

16  for the benefit of certain of its employees.

17         (52)  "Regularly established position" is defined as

18  follows:

19         (b)  In a local agency (district school board, county

20  agency, community college, city, metropolitan planning

21  organization, or special district), the term means a regularly

22  established position which will be in existence for a period

23  beyond 6 consecutive months, except as provided by rule.

24         (62)  "Metropolitan planning organization" means an

25  entity created by an interlocal agreement pursuant to s.

26  339.175 or any other entity created pursuant to s. 339.175.

27         Section 4.  Paragraph (b) of subsection (2) of section

28  121.051, Florida Statutes, is amended to read:

29         121.051  Participation in the system.--

30         (2)  OPTIONAL PARTICIPATION.--

31  

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 1         (b)1.  The governing body of any municipality,

 2  metropolitan planning organization, or special district in the

 3  state may elect to participate in the system upon proper

 4  application to the administrator and may cover all or any of

 5  its units as approved by the Secretary of Health and Human

 6  Services and the administrator. The department shall adopt

 7  rules establishing provisions for the submission of documents

 8  necessary for such application. Prior to being approved for

 9  participation in the Florida Retirement System, the governing

10  body of any such municipality, metropolitan planning

11  organization, or special district that has a local retirement

12  system shall submit to the administrator a certified financial

13  statement showing the condition of the local retirement system

14  as of a date within 3 months prior to the proposed effective

15  date of membership in the Florida Retirement System. The

16  statement must be certified by a recognized accounting firm

17  that is independent of the local retirement system. All

18  required documents necessary for extending Florida Retirement

19  System coverage must be received by the department for

20  consideration at least 15 days prior to the proposed effective

21  date of coverage. If the municipality, metropolitan planning

22  organization, or special district does not comply with this

23  requirement, the department may require that the effective

24  date of coverage be changed.

25         2.  Any city, metropolitan planning organization, or

26  special district that has an existing retirement system

27  covering the employees in the units that are to be brought

28  under the Florida Retirement System may participate only after

29  holding a referendum in which all employees in the affected

30  units have the right to participate. Only those employees

31  electing coverage under the Florida Retirement System by

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 1  affirmative vote in said referendum shall be eligible for

 2  coverage under this chapter, and those not participating or

 3  electing not to be covered by the Florida Retirement System

 4  shall remain in their present systems and shall not be

 5  eligible for coverage under this chapter. After the referendum

 6  is held, all future employees shall be compulsory members of

 7  the Florida Retirement System.

 8         3.  The governing body of any city, metropolitan

 9  planning organization, or special district complying with

10  subparagraph 1. may elect to provide, or not provide, benefits

11  based on past service of officers and employees as described

12  in s. 121.081(1). However, if such employer elects to provide

13  past service benefits, such benefits must be provided for all

14  officers and employees of its covered group.

15         4.  Once this election is made and approved it may not

16  be revoked, except pursuant to subparagraphs 5. and 6., and

17  all present officers and employees electing coverage under

18  this chapter and all future officers and employees shall be

19  compulsory members of the Florida Retirement System.

20         5.  Subject to the conditions set forth in subparagraph

21  6., the governing body of any hospital licensed under chapter

22  395 which is governed by the board of a special district as

23  defined in s. 189.403(1) or by the board of trustees of a

24  public health trust created under s. 154.07, hereinafter

25  referred to as "hospital district," and which participates in

26  the system, may elect to cease participation in the system

27  with regard to future employees in accordance with the

28  following procedure:

29         a.  No more than 30 days and at least 7 days before

30  adopting a resolution to partially withdraw from the Florida

31  Retirement System and establish an alternative retirement plan

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 1  for future employees, a public hearing must be held on the

 2  proposed withdrawal and proposed alternative plan.

 3         b.  From 7 to 15 days before such hearing, notice of

 4  intent to withdraw, specifying the time and place of the

 5  hearing, must be provided in writing to employees of the

 6  hospital district proposing partial withdrawal and must be

 7  published in a newspaper of general circulation in the area

 8  affected, as provided by ss. 50.011-50.031. Proof of

 9  publication of such notice shall be submitted to the

10  Department of Management Services.

11         c.  The governing body of any hospital district seeking

12  to partially withdraw from the system must, before such

13  hearing, have an actuarial report prepared and certified by an

14  enrolled actuary, as defined in s. 112.625(3), illustrating

15  the cost to the hospital district of providing, through the

16  retirement plan that the hospital district is to adopt,

17  benefits for new employees comparable to those provided under

18  the Florida Retirement System.

19         d.  Upon meeting all applicable requirements of this

20  subparagraph, and subject to the conditions set forth in

21  subparagraph 6., partial withdrawal from the system and

22  adoption of the alternative retirement plan may be

23  accomplished by resolution duly adopted by the hospital

24  district board. The hospital district board must provide

25  written notice of such withdrawal to the division by mailing a

26  copy of the resolution to the division, postmarked no later

27  than December 15, 1995. The withdrawal shall take effect

28  January 1, 1996.

29         6.  Following the adoption of a resolution under

30  sub-subparagraph 5.d., all employees of the withdrawing

31  hospital district who were participants in the Florida

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 1  Retirement System prior to January 1, 1996, shall remain as

 2  participants in the system for as long as they are employees

 3  of the hospital district, and all rights, duties, and

 4  obligations between the hospital district, the system, and the

 5  employees shall remain in full force and effect. Any employee

 6  who is hired or appointed on or after January 1, 1996, may not

 7  participate in the Florida Retirement System, and the

 8  withdrawing hospital district shall have no obligation to the

 9  system with respect to such employees.

10         Section 5.  Paragraph (l) is added to subsection (1) of

11  section 121.055, Florida Statutes, to read:

12         121.055  Senior Management Service Class.--There is

13  hereby established a separate class of membership within the

14  Florida Retirement System to be known as the "Senior

15  Management Service Class," which shall become effective

16  February 1, 1987.

17         (1)

18         (l)  For each metropolitan planning organization that

19  has opted to become part of the Florida Retirement System,

20  participation in the Senior Management Service Class shall be

21  compulsory for the executive director or staff director of

22  that metropolitan planning organization.

23         Section 6.  Paragraphs (a) and (c) of subsection (2) of

24  section 121.061, Florida Statutes, are amended to read:

25         121.061  Funding.--

26         (2)(a)  Should any employer other than a state employer

27  fail to make the retirement and social security contributions,

28  both member and employer contributions, required by this

29  chapter, then, upon request by the administrator, the

30  Department of Revenue or the Department of Financial Services,

31  as the case may be, shall deduct the amount owed by the

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 1  employer from any funds to be distributed by it to the county,

 2  city, metropolitan planning organization, special district, or

 3  consolidated form of government. The amounts so deducted shall

 4  be transferred to the administrator for further distribution

 5  to the trust funds in accordance with this chapter.

 6         (c)  The governing body of each county, city,

 7  metropolitan planning organization, special district, or

 8  consolidated form of government participating under this

 9  chapter or the administrator, acting individually or jointly,

10  is hereby authorized to file and maintain an action in the

11  courts of the state to require any employer to remit any

12  retirement or social security member contributions or employer

13  matching payments due the retirement or social security trust

14  funds under the provisions of this chapter.

15         Section 7.  Paragraphs (a), (b), and (e) of subsection

16  (1) of section 121.081, Florida Statutes, are amended to read:

17         121.081  Past service; prior service;

18  contributions.--Conditions under which past service or prior

19  service may be claimed and credited are:

20         (1)(a)  Past service, as defined in s. 121.021(18), may

21  be claimed as creditable service by officers or employees of a

22  city, metropolitan planning organization, or special district

23  that become a covered group under this system. The governing

24  body of a covered group in compliance with s. 121.051(2)(b)

25  may elect to provide benefits with respect to past service

26  earned prior to January 1, 1975, in accordance with this

27  chapter, and the cost for such past service shall be

28  established by applying the following formula: The member

29  contribution for both regular and special risk members shall

30  be 4 percent of the gross annual salary for each year of past

31  service claimed, plus 4-percent employer matching

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 1  contribution, plus 4 percent interest thereon compounded

 2  annually, figured on each year of past service, with interest

 3  compounded from date of annual salary earned until July 1,

 4  1975, and 6.5 percent interest compounded annually thereafter

 5  until date of payment. Once the total cost for a member has

 6  been figured to date, then after July 1, 1975, 6.5 percent

 7  compounded interest shall be added each June 30 thereafter on

 8  any unpaid balance until the cost of such past service

 9  liability is paid in full. The following formula shall be used

10  in calculating past service earned prior to January 1, 1975:

11  (Annual gross salary multiplied by 8 percent) multiplied by

12  the 4 percent or 6.5 percent compound interest table factor,

13  as may be applicable. The resulting product equals cost to

14  date for each particular year of past service.

15         (b)  Past service earned after January 1, 1975, may be

16  claimed by officers or employees of a city, metropolitan

17  planning organization, or special district that becomes a

18  covered group under this system. The governing body of a

19  covered group may elect to provide benefits with respect to

20  past service earned after January 1, 1975, in accordance with

21  this chapter, and the cost for such past service shall be

22  established by applying the following formula: The employer

23  shall contribute an amount equal to the contribution rate in

24  effect at the time the service was earned, multiplied by the

25  employee's gross salary for each year of past service claimed,

26  plus 6.5 percent interest thereon, compounded annually,

27  figured on each year of past service, with interest compounded

28  from date of annual salary earned until date of payment.

29         (e)  Past service, as defined in s. 121.021(18), may be

30  claimed as creditable service by a member of the Florida

31  Retirement System who formerly was an officer or employee of a

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 1  city, metropolitan planning organization, or special district,

 2  notwithstanding the status or form of the retirement system,

 3  if any, of that city, metropolitan planning organization, or

 4  special district and irrespective of whether officers or

 5  employees of that city, metropolitan planning organization, or

 6  special district now or hereafter become a covered group under

 7  the Florida Retirement System. Such member may claim

 8  creditable service and be entitled to the benefits accruing to

 9  the regular class of members as provided for the past service

10  claimed under this paragraph by paying into the retirement

11  trust fund an amount equal to the total actuarial cost of

12  providing the additional benefit resulting from such

13  past-service credit, discounted by the applicable actuarial

14  factors to date of retirement.

15         Section 8.  Section 163.3182, Florida Statutes, is

16  created to read:

17         163.3182  Transportation concurrency.--

18         (1)  SHORT TITLE.--This section may be cited as the

19  "Transportation Concurrency Backlog Act."

20         (2)  DEFINITIONS.--For purposes of this section, the

21  term:

22         (a)  "Transportation construction backlog area" means

23  the geographic area within the unincorporated portion of a

24  county or within the municipal boundary of a municipality for

25  which a transportation concurrency backlog authority is

26  created pursuant to this section.

27         (b)  "Authority" or "transportation concurrency backlog

28  authority" means the governing body of a county or

29  municipality within which an authority is created.

30         (c)  "Governing body" means the council, commission, or

31  other legislative body charged with governing the county or

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 1  municipality within which a transportation concurrency backlog

 2  authority is created pursuant to this section.

 3         (d)  "Transportation concurrency backlog" means an

 4  identified failure or failing of a given transportation link

 5  within any county or municipality, as identified and

 6  designated pursuant to this part, and the applicable local

 7  government comprehensive plan and related documents. Such

 8  backlog includes a failed or failing transportation link the

 9  condition of which has been caused in whole or in part by the

10  failure to construct adequate facilities or because of the

11  grant of a transportation concurrency exemption or exception

12  by the responsible local government.

13         (e)  "Transportation concurrency backlog plan" means

14  the plan adopted by the governing body of a county or

15  municipality acting as a transportation concurrency backlog

16  authority.

17         (f)  "Transportation concurrency backlog project" means

18  any designated transportation project identified for

19  construction within the jurisdiction of a transportation

20  construction backlog authority.

21         (g)  "Debt service millage" means any millage levied

22  pursuant to s. 12, Art. VII of the State Constitution.

23         (h)  "Increment revenue" means the amount calculated

24  pursuant to s. 163.31825.

25         (i)  "Taxing authority" means a public body that levies

26  or is authorized to levy an ad valorem tax on real property

27  located within a transportation concurrency backlog area.

28         (3)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

29  AUTHORITIES.--

30  

31  

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 1         (a)  A county or municipality may create a

 2  transportation concurrency backlog authority if it has an

 3  identified transportation concurrency backlog.

 4         (b)  Acting as the transportation concurrency backlog

 5  authority within its jurisdictional boundary, the governing

 6  board of each county or municipality shall adopt and implement

 7  a plan to eliminate all identified transportation concurrency

 8  backlogs within its jurisdiction using funds provided pursuant

 9  to s. 163.31825 and as otherwise provided pursuant to this

10  section.

11         (4)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

12  AUTHORITY.--Each transportation concurrency backlog authority

13  has the powers necessary or convenient to carry out the

14  purposes of this section, including the following powers in

15  addition to others granted in this section:

16         (a)  To make and execute contracts and other

17  instruments necessary or convenient to the exercise of its

18  powers under this section.

19         (b)  To undertake and carry out transportation

20  concurrency backlog projects for all streets, roads, and

21  related public facilities that have a transportation

22  concurrency backlog within the authority's jurisdiction. 

23         (c)  To invest any transportation concurrency backlog

24  funds held in reserves, sinking funds, or any such funds not

25  required for immediate disbursement in property or securities

26  in which savings banks may legally invest funds subject to the

27  control of the authority and to redeem such bonds as have been

28  issued pursuant to this section at the redemption price

29  established therein, or to purchase such bonds at less than

30  redemption price. All such bonds redeemed or purchased shall

31  be canceled.

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 1         (d)  To borrow money, apply for and accept advances,

 2  loans, grants, contributions, and any other forms of financial

 3  assistance from the Federal Government or the state, county,

 4  or any other public body or from any sources, public or

 5  private, for the purposes of this part, to give such security

 6  as may be required, to enter into and carry out contracts or

 7  agreements, and to include in any contracts for financial

 8  assistance with the Federal Government for or with respect to

 9  a transportation concurrency backlog project and related

10  activities such conditions imposed pursuant to federal laws as

11  the transportation concurrency backlog authority considers

12  reasonable and appropriate and which are not inconsistent with

13  purposes of this section.

14         (e)  To make or have made all surveys and plans

15  necessary to the carrying out of the purposes of this section,

16  to contract with any persons, public or private, in making and

17  carrying out such plans, and to adopt, approve, modify, or

18  amend such transportation concurrency backlog plans.

19         (f)  To appropriate such funds and make such

20  expenditures as are necessary to carry out the purposes of

21  this part, and to zone or rezone any part of the

22  transportation concurrency backlog area or make exceptions

23  from regulations and to enter into agreements with other

24  public bodies which agreements may extend over any period,

25  notwithstanding any provision or rule of law to the contrary.

26         (5)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--Each

27  transportation concurrency backlog authority shall adopt a

28  transportation concurrency backlog plan within 6 months after

29  the creation of the authority. The plan shall:

30         (a)  Identify all transportation links that have been

31  designated as failing or failed links and require the

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 1  expenditure of moneys to upgrade, modify, or mitigate the

 2  links.

 3         (b)  Include a priority listing of all transportation

 4  links that have been designated as failed or failing links and

 5  do not satisfy concurrency requirements as specified pursuant

 6  to this part, and the applicable local government

 7  comprehensive plan and land development regulations.

 8         (c)  Establish a schedule for financing and

 9  construction of transportation concurrency backlog projects

10  that will eliminate transportation concurrency backlogs within

11  the jurisdiction of the authority within 10 years after

12  transportation concurrency backlog plan adoption.

13         (d)  The transportation concurrency backlog plan

14  adopted by each authority is not subject to review or approval

15  by the Department of Community Affairs.

16         (6)  ESTABLISHMENT OF TRUST FUND.--The transportation

17  concurrency backlog authority shall establish a transportation

18  concurrency backlog trust fund upon creation of the authority.

19  Each trust fund shall be administered by the transportation

20  concurrency backlog authority within which a transportation

21  concurrency backlog has been identified. Beginning in the

22  first fiscal year after the creation of the authority, each

23  trust fund shall be funded by the proceeds of an ad valorem

24  tax increment collected within each transportation concurrency

25  backlog area to be determined annually and shall be the amount

26  equal to 25 percent of the difference between:

27         (a)  The amount of ad valorem tax levied each year by

28  each taxing authority, exclusive of any amount from any debt

29  service millage, on taxable real property contained within the

30  jurisdiction of the transportation concurrency backlog

31  authority and within the transportation backlog area; and

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 1         (b)  The amount of ad valorem taxes which would have

 2  been produced by a rate upon which the tax is levied each year

 3  by or for each taxing authority exclusive of any debt service

 4  millage upon the total of the assessed value of the taxable

 5  real property within the transportation concurrency backlog

 6  area as shown on the most recent assessment roll used in

 7  connection with the taxation of such property by each taxing

 8  authority.

 9         (7)  EXEMPTIONS.--

10         (a)  The following public bodies or taxing authorities

11  are exempt from the provisions of this section:

12         1.  A special district that levies ad valorem taxes on

13  taxable real property in more than one county.

14         2.  A special district for which the sole available

15  source of revenue the district has the authority to levy ad

16  valorem taxes at the time an ordinance is adopted under this

17  section. However, revenues or aid that may be dispensed or

18  appropriated to a district as defined in s. 388.011 at the

19  discretion of an entity other than such district shall not be

20  deemed available.

21         3.  A library district.

22         4.  A neighborhood improvement district created under

23  the Safe Neighborhoods Act.

24         5.  A metropolitan transportation authority.

25         6.  A water management district created under s.

26  373.069.

27         (b)  A transportation concurrency exemption authority

28  may also exempt from this section a special district that

29  levies ad valorem taxes within the transportation concurrency

30  backlog area pursuant to s. 163.387(2)d.

31  

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 1         (8)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon

 2  adoption of a transportation concurrency backlog plan by an

 3  authority, all transportation concurrency backlogs within the

 4  jurisdiction of an authority shall be deemed to be financed

 5  and fully financially feasible for purposes of calculating

 6  transportation concurrency pursuant to this part. A landowner

 7  may proceed with development of a specific parcel of land if

 8  all other applicable provisions of s. 163.3180(11) have been

 9  satisfied and the landowner may not be assessed any

10  proportionate share or impact fees for backlog.

11         (9)  DISSOLUTION.--Upon completion of all

12  transportation concurrency backlog projects, a transportation

13  concurrency backlog authority shall be dissolved and its

14  assets and liabilities shall be transferred to the county or

15  municipality within which the authority is located. All

16  remaining assets of the authority must be used for

17  implementation of transportation projects within the

18  jurisdiction of the authority.

19         Section 9.  Paragraph (e) of subsection (2) of section

20  212.055, Florida Statutes, is amended to read:

21         212.055  Discretionary sales surtaxes; legislative

22  intent; authorization and use of proceeds.--It is the

23  legislative intent that any authorization for imposition of a

24  discretionary sales surtax shall be published in the Florida

25  Statutes as a subsection of this section, irrespective of the

26  duration of the levy.  Each enactment shall specify the types

27  of counties authorized to levy; the rate or rates which may be

28  imposed; the maximum length of time the surtax may be imposed,

29  if any; the procedure which must be followed to secure voter

30  approval, if required; the purpose for which the proceeds may

31  be expended; and such other requirements as the Legislature

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 1  may provide.  Taxable transactions and administrative

 2  procedures shall be as provided in s. 212.054.

 3         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

 4         (e)  School districts, counties, and municipalities

 5  receiving proceeds under the provisions of this subsection may

 6  pledge such proceeds for the purpose of servicing new bond

 7  indebtedness incurred pursuant to law. Local governments may

 8  use the services of the Division of Bond Finance of the State

 9  Board of Administration pursuant to the State Bond Act to

10  issue any bonds through the provisions of this subsection. In

11  no case may a jurisdiction issue bonds pursuant to this

12  subsection more frequently than once per year. Counties and

13  municipalities may join together for the issuance of bonds

14  authorized by this subsection.

15         Section 10.  Subsection (1) of section 215.615, Florida

16  Statutes, is amended to read:

17         215.615  Fixed-guideway transportation systems

18  funding.--

19         (1)  The issuance of revenue bonds by the Division of

20  Bond Finance, on behalf of the Department of Transportation,

21  pursuant to s. 11, Art. VII of the State Constitution, is

22  authorized, pursuant to the State Bond Act, to finance or

23  refinance fixed capital expenditures for fixed-guideway

24  transportation systems, as defined in s. 341.031, including

25  facilities appurtenant thereto, costs of issuance, and other

26  amounts relating to such financing or refinancing. Such

27  revenue bonds shall be matched on a 50-50 basis with funds

28  from sources other than revenues of the Department of

29  Transportation, in a manner acceptable to the Department of

30  Transportation. The Division of Bond Finance is authorized to

31  consider innovative financing techniques, technologies which

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 1  may include, but are not limited to, innovative bidding and

 2  structures of potential financings findings that may result in

 3  negotiated transactions. The following conditions apply to the

 4  issuance of revenue bonds for fixed-guideway transportation

 5  systems:

 6         (a)  The department and any participating commuter rail

 7  authority or regional transportation authority established

 8  under chapter 343, local governments, or local governments

 9  collectively by interlocal agreement having jurisdiction of a

10  fixed-guideway transportation system may enter into an

11  interlocal agreement to promote the efficient and

12  cost-effective financing or refinancing of fixed-guideway

13  transportation system projects by revenue bonds issued

14  pursuant to this subsection. The terms of such interlocal

15  agreements shall include provisions for the Department of

16  Transportation to request the issuance of the bonds on behalf

17  of the parties; shall provide that after reimbursement

18  pursuant to interlocal agreement, the department's share may

19  be up to 50 percent of the eligible project cost, which may

20  include a share of annual each party to the agreement is

21  contractually liable for an equal share of funding an amount

22  equal to the debt service requirements of such bonds; and

23  shall include any other terms, provisions, or covenants

24  necessary to the making of and full performance under such

25  interlocal agreement. Repayments made to the department under

26  any interlocal agreement are not pledged to the repayment of

27  bonds issued hereunder, and failure of the local governmental

28  authority to make such payment shall not affect the obligation

29  of the department to pay debt service on the bonds.

30         (b)  Revenue bonds issued pursuant to this subsection

31  shall not constitute a general obligation of, or a pledge of

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 1  the full faith and credit of, the State of Florida. Bonds

 2  issued pursuant to this section shall be payable from funds

 3  available pursuant to s. 206.46(3), or other funds available

 4  to the project, subject to annual appropriation. The amount of

 5  revenues available for debt service shall never exceed a

 6  maximum of 2 percent of all state revenues deposited into the

 7  State Transportation Trust Fund.

 8         (c)  The projects to be financed or refinanced with the

 9  proceeds of the revenue bonds issued hereunder are designated

10  as state fixed capital outlay projects for purposes of s.

11  11(d), Art. VII of the State Constitution, and the specific

12  projects to be financed or refinanced shall be determined by

13  the Department of Transportation in accordance with state law

14  and appropriations from the State Transportation Trust Fund.

15  Each project to be financed with the proceeds of the bonds

16  issued pursuant to this subsection must first be approved by

17  the Legislature by an act of general law.

18         (d)  Any complaint for validation of bonds issued

19  pursuant to this section shall be filed in the circuit court

20  of the county where the seat of state government is situated,

21  the notice required to be published by s. 75.06 shall be

22  published only in the county where the complaint is filed, and

23  the complaint and order of the circuit court shall be served

24  only on the state attorney of the circuit in which the action

25  is pending.

26         (e)  The state does hereby covenant with holders of

27  such revenue bonds or other instruments of indebtedness issued

28  hereunder, that it will not repeal or impair or amend these

29  provisions in any manner that will materially and adversely

30  affect the rights of such holders as long as bonds authorized

31  by this subsection are outstanding.

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 1         (f)  This subsection supersedes any inconsistent

 2  provisions in existing law.

 3  

 4  Notwithstanding this subsection, the lien of revenue bonds

 5  issued pursuant to this subsection on moneys deposited into

 6  the State Transportation Trust Fund shall be subordinate to

 7  the lien on such moneys of bonds issued under ss. 215.605,

 8  320.20, and 215.616, and any pledge of such moneys to pay

 9  operating and maintenance expenses under s. 206.46(5) and

10  chapter 348, as may be amended.

11         Section 11.  Subsection (3) of section 336.41, Florida

12  Statutes, is amended to read:

13         336.41  Counties; employing labor and providing road

14  equipment; accounting; when competitive bidding required.--

15         (3)  All construction and reconstruction of roads and

16  bridges, including resurfacing, full scale mineral seal

17  coating, and major bridge and bridge system repairs, to be

18  performed utilizing the proceeds of the 80-percent portion of

19  the surplus of the constitutional gas tax shall be let to

20  contract to the lowest responsible bidder by competitive bid,

21  except for:

22         (a)  Construction and maintenance in emergency

23  situations;, and

24         (b)  In addition to emergency work, construction and

25  reconstruction, including resurfacing, mineral seal coating,

26  and bridge repairs, having a total cumulative annual value not

27  to exceed 5 percent of its 80-percent portion of the

28  constitutional gas tax or $400,000 $250,000, whichever is

29  greater; and,

30         (c)  Construction of sidewalks, curbing, accessibility

31  ramps, or appurtenances incidental to roads and bridges where

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 1  each project is estimated in accordance with generally

 2  accepted cost-accounting principles to have total construction

 3  project costs of less than $400,000, or as adjusted by the

 4  percentage change in the Construction Cost Index from January

 5  1, 2008,

 6  

 7  for which the county may utilize its own forces. However, if,

 8  after proper advertising, no bids are received by a county for

 9  a specific project, the county may use its own forces to

10  construct the project, notwithstanding the limitation of this

11  subsection. Nothing in this section shall prevent the county

12  from performing routine maintenance as authorized by law.

13         Section 12.  Subsection (1) of section 316.605, Florida

14  Statutes, is amended to read:

15         316.605  Licensing of vehicles.--

16         (1)  Every vehicle, at all times while driven, stopped,

17  or parked upon any highways, roads, or streets of this state,

18  shall be licensed in the name of the owner thereof in

19  accordance with the laws of this state unless such vehicle is

20  not required by the laws of this state to be licensed in this

21  state and shall, except as otherwise provided in s. 320.0706

22  for front-end registration license plates on truck tractors

23  and s. 320.086(5) which exempts display of license plates on

24  described former military vehicles, display the license plate

25  or both of the license plates assigned to it by the state, one

26  on the rear and, if two, the other on the front of the

27  vehicle, each to be securely fastened to the vehicle outside

28  the main body of the vehicle not higher than 60 inches and not

29  lower than 12 inches from the ground, not more than 24 inches

30  to the left or right of the centerline of the vehicle, and

31  fastened in such manner as to prevent the plates from

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 1  swinging, and all letters, numerals, printing, writing, and

 2  other identification marks upon the plates regarding the word

 3  "Florida," the registration decal, and the alphanumeric

 4  designation shall be clear and distinct and free from

 5  defacement, mutilation, grease, and other obscuring matter, so

 6  that they will be plainly visible and legible at all times 100

 7  feet from the rear or front. Vehicle license plates shall be

 8  affixed and displayed in such a manner that the letters and

 9  numerals shall be read from left to right parallel to the

10  ground. No vehicle license plate may be displayed in an

11  inverted or reversed position or in such a manner that the

12  letters and numbers and their proper sequence are not readily

13  identifiable. Nothing shall be placed upon the face of a

14  Florida plate except as permitted by law or by rule or

15  regulation of a governmental agency. No license plates other

16  than those furnished by the state shall be used. However, if

17  the vehicle is not required to be licensed in this state, the

18  license plates on such vehicle issued by another state, by a

19  territory, possession, or district of the United States, or by

20  a foreign country, substantially complying with the provisions

21  hereof, shall be considered as complying with this chapter. A

22  violation of this subsection is a noncriminal traffic

23  infraction, punishable as a nonmoving violation as provided in

24  chapter 318.

25         Section 13.  Paragraph (b) of subsection (3) of section

26  316.650, Florida Statutes, is amended to read:

27         316.650  Traffic citations.--

28         (3)

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

30  316.1001, a traffic enforcement officer may deposit the

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

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 1  of a traffic enforcement agency that has an automated citation

 2  system, may provide an electronic facsimile with a court

 3  having jurisdiction over the alleged offense or with its

 4  traffic violations bureau within 45 days after the date of

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

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

 7  by s. 318.14(12) and pays the fine imposed by the governmental

 8  entity owning the applicable toll facility plus the amount of

 9  the unpaid toll that is shown on the traffic citation directly

10  to the governmental entity that issued the citation or on

11  whose behalf the citation was issued in accordance with s.

12  318.14(12), the traffic citation will not be submitted to the

13  court, the disposition will be reported to the department by

14  the governmental entity that issued the citation or on whose

15  behalf the citation was issued, and no points will be assessed

16  against the person's driver's license.

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

18  Statutes, is amended to read:

19         318.14  Noncriminal traffic infractions; exception;

20  procedures.--

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

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

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

24  plus the amount of the unpaid toll that is shown on the

25  traffic citation directly to the governmental entity that

26  issued the citation or on whose behalf the citation was

27  issued, within 30 days after the date of issuance of the

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

29  does not elect to pay the $25 fine plus the amount of the

30  unpaid toll that is shown on the traffic citation directly to

31  the governmental entity that issued the citation or on whose

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 1  behalf the citation was issued as described in this subsection

 2  section shall have an additional 45 days after the date of the

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

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

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

 6  accordance with subsection (4).

 7         Section 15.  Subsection (7) of section 318.18, Florida

 8  Statutes, is amended to read:

 9         318.18  Amount of civil penalties.--The penalties

10  required for a noncriminal disposition pursuant to s. 318.14

11  are as follows:

12         (7)  Mandatory $100 fine one hundred dollars for each a

13  violation of s. 316.1001 plus the required payment of the

14  unpaid toll amount shown on the traffic citation for each

15  citation issued. The clerk of the court shall forward $25 of

16  the $100 fine received, plus the amount of the unpaid toll

17  that is shown on the citation, to the governmental entity that

18  issued the citation or on whose behalf the citation was

19  issued. If a plea arrangement is reached prior to the date set

20  for a scheduled evidentiary hearing, there shall be a

21  mandatory fine assessed per citation of not less than $50 and

22  not more than $100 for each citation issued, plus the amount

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

24  court shall forward $25 of the fine imposed, plus the amount

25  of the unpaid toll that is shown on the citation, to the

26  governmental entity that issued the citation or on whose

27  behalf the citation was issued. The court shall have specific

28  authority to consolidate issued citations for the same

29  defendant for the purpose of sentencing and aggregate

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

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

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

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

 3  which case adjudication is withheld, and no points are

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

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

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

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

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

 9  the operation or maintenance of a toll facility.

10         Section 16.  Section 320.061, Florida Statutes, is

11  amended to read:

12         320.061  Unlawful to alter motor vehicle registration

13  certificates, license plates, mobile home stickers, or

14  validation stickers or to obscure license plates; penalty.--No

15  person shall alter the original appearance of any registration

16  license plate, mobile home sticker, validation sticker, or

17  vehicle registration certificate issued for and assigned to

18  any motor vehicle or mobile home, whether by mutilation,

19  alteration, defacement, or change of color or in any other

20  manner. No person shall apply or attach any substance,

21  reflective matter, illuminated device, spray, coating,

22  covering, or other material onto or around any license plate

23  that interferes with the legibility, angular visibility, or

24  detectability of any feature or detail on the license plate or

25  interferes with the ability to record any feature or detail on

26  the license plate. Any person who violates the provisions of

27  this section commits section is guilty of a misdemeanor of the

28  second degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         Section 17.  Paragraph (c) of subsection (1) of section

31  336.025, Florida Statutes, is amended to read:

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 1         336.025  County transportation system; levy of local

 2  option fuel tax on motor fuel and diesel fuel.--

 3         (1)

 4         (c)  Local governments may use the services of the

 5  Division of Bond Finance of the State Board of Administration

 6  pursuant to the State Bond Act to issue any bonds through the

 7  provisions of this section and may pledge the revenues from

 8  local option fuel taxes to secure the payment of the bonds. In

 9  no case may a jurisdiction issue bonds pursuant to this

10  section more frequently than once per year. Counties and

11  municipalities may join together for the issuance of bonds

12  issued pursuant to this section.

13         Section 18.  Section 338.161, Florida Statutes, is

14  amended to read:

15         338.161  Authority of department or toll agencies to

16  advertise and promote electronic toll collection; expanded

17  uses of electronic toll collection system; studies

18  authorized.--

19         (1)  The department is authorized to incur expenses for

20  paid advertising, marketing, and promotion of toll facilities

21  and electronic toll collection products and services.

22  Promotions may include discounts and free products.

23         (2)  The department is authorized to receive funds from

24  advertising placed on electronic toll collection products and

25  promotional materials to defray the costs of products and

26  services.

27         (3)(a)  The department or any toll agency created by

28  statute may incur expenses to advertise or promote its

29  electronic toll collection system to consumers on or off the

30  turnpike or toll system.

31  

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 1         (b)  If the department or any toll agency created by

 2  statute finds that it can increase nontoll revenues or add

 3  convenience or other value for its customers, the department

 4  or toll agency may enter into agreements with any private or

 5  public entity allowing the use of its electronic toll

 6  collection system to pay parking fees for vehicles equipped

 7  with a transponder or similar device. The department or toll

 8  agency may initiate feasibility studies of additional future

 9  uses of its electronic toll collection system and make

10  recommendations to the Legislature to authorize such uses.

11         Section 19.  Section 339.175, Florida Statutes, is

12  amended to read:

13         339.175  Metropolitan planning organization.--

14         (1)  PURPOSE.--It is the intent of the Legislature to

15  encourage and promote the safe and efficient management,

16  operation, and development of surface transportation systems

17  that will serve the mobility needs of people and freight and

18  foster economic growth and development within and through

19  urbanized areas of this state while minimizing

20  transportation-related fuel consumption and air pollution

21  through metropolitan transportation planning processes

22  identified in this section. To accomplish these objectives,

23  metropolitan planning organizations, referred to in this

24  section as M.P.O.'s, shall develop, in cooperation with the

25  state and public transit operators, transportation plans and

26  programs for metropolitan areas. The plans and programs for

27  each metropolitan area must provide for the development and

28  integrated management and operation of transportation systems

29  and facilities, including pedestrian walkways and bicycle

30  transportation facilities that will function as an intermodal

31  transportation system for the metropolitan area, based upon

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 1  the prevailing principles provided in s. 334.046(1). The

 2  process for developing such plans and programs shall provide

 3  for consideration of all modes of transportation and shall be

 4  continuing, cooperative, and comprehensive, to the degree

 5  appropriate, based on the complexity of the transportation

 6  problems to be addressed. To ensure that the process is

 7  integrated with the statewide planning process, M.P.O.'s shall

 8  develop plans and programs that identify transportation

 9  facilities that should function as an integrated metropolitan

10  transportation system, giving emphasis to facilities that

11  serve important national, state, and regional transportation

12  functions. For the purposes of this section, those facilities

13  include the facilities on the Strategic Intermodal System

14  designated under s. 339.63 and facilities for which projects

15  have been identified pursuant to s. 339.2819(4).

16         (2)(1)  DESIGNATION.--

17         (a)1.  An M.P.O. shall be designated for each urbanized

18  area of the state; however, this does not require that an

19  individual M.P.O. be designated for each such area. Such

20  designation shall be accomplished by agreement between the

21  Governor and units of general-purpose local government

22  representing at least 75 percent of the population of the

23  urbanized area; however, the unit of general-purpose local

24  government that represents the central city or cities within

25  the M.P.O. jurisdiction, as defined by the United States

26  Bureau of the Census, must be a party to such agreement.

27         2.  More than one M.P.O. may be designated within an

28  existing metropolitan planning area only if the Governor and

29  the existing M.P.O. determine that the size and complexity of

30  the existing metropolitan planning area makes the designation

31  of more than one M.P.O. for the area appropriate.

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 1         (b)  Each M.P.O. designated in a manner prescribed by

 2  Title 23 U.S.C. shall be created and operated under the

 3  provisions of this section pursuant to an interlocal agreement

 4  entered into pursuant to s. 163.01. The signatories to the

 5  interlocal agreement shall be the department and the

 6  governmental entities designated by the Governor for

 7  membership on the M.P.O. Each M.P.O. shall be considered

 8  separate from the state or the governing body of a local

 9  government that is represented on the governing board of the

10  M.P.O. or that is a signatory to the interlocal agreement

11  creating the M.P.O. and shall have such powers and privileges

12  that are provided under s. 163.01.  If there is a conflict

13  between this section and s. 163.01, this section prevails.

14         (c)  The jurisdictional boundaries of an M.P.O. shall

15  be determined by agreement between the Governor and the

16  applicable M.P.O. The boundaries must include at least the

17  metropolitan planning area, which is the existing urbanized

18  area and the contiguous area expected to become urbanized

19  within a 20-year forecast period, and may encompass the entire

20  metropolitan statistical area or the consolidated metropolitan

21  statistical area.

22         (d)  In the case of an urbanized area designated as a

23  nonattainment area for ozone or carbon monoxide under the

24  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

25  the metropolitan planning area in existence as of the date of

26  enactment of this paragraph shall be retained, except that the

27  boundaries may be adjusted by agreement of the Governor and

28  affected metropolitan planning organizations in the manner

29  described in this section. If more than one M.P.O. has

30  authority within a metropolitan area or an area that is

31  designated as a nonattainment area, each M.P.O. shall consult

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 1  with other M.P.O.'s designated for such area and with the

 2  state in the coordination of plans and programs required by

 3  this section.

 4         (e)  The governing body of the M.P.O. shall designate,

 5  at a minimum, a chair, vice chair, and agency clerk. The chair

 6  and vice chair shall be selected from among the member

 7  delegates comprising the governing board. The agency clerk

 8  shall be charged with the responsibility of preparing meeting

 9  minutes and maintaining agency records. The clerk shall be a

10  member of the M.P.O. governing board, an employee of the

11  M.P.O., or other natural person.

12  

13  Each M.P.O. required under this section must be fully

14  operative no later than 6 months following its designation.

15         (3)(2)  VOTING MEMBERSHIP.--

16         (a)  The voting membership of an M.P.O. shall consist

17  of not fewer than 5 or more than 19 apportioned members, the

18  exact number to be determined on an equitable

19  geographic-population ratio basis by the Governor, based on an

20  agreement among the affected units of general-purpose local

21  government as required by federal rules and regulations. The

22  Governor, in accordance with 23 U.S.C. s. 134, may also

23  provide for M.P.O. members who represent municipalities to

24  alternate with representatives from other municipalities

25  within the metropolitan planning area that do not have members

26  on the M.P.O. County commission members shall compose not less

27  than one-third of the M.P.O. membership, except for an M.P.O.

28  with more than 15 members located in a county with a 5-member

29  five-member county commission or an M.P.O. with 19 members

30  located in a county with no more than 6 county commissioners,

31  in which case county commission members may compose less than

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 1  one-third percent of the M.P.O. membership, but all county

 2  commissioners must be members. All voting members shall be

 3  elected officials of general-purpose local governments, except

 4  that an M.P.O. may include, as part of its apportioned voting

 5  members, a member of a statutorily authorized planning board,

 6  an official of an agency that operates or administers a major

 7  mode of transportation, or an official of the Florida Space

 8  Authority. As used in this section, the term "elected

 9  officials of a general-purpose local government" shall exclude

10  constitutional officers, including sheriffs, tax collectors,

11  supervisors of elections, property appraisers, clerks of the

12  court, and similar types of officials. County commissioners

13  The county commission shall compose not less than 20 percent

14  of the M.P.O. membership if an official of an agency that

15  operates or administers a major mode of transportation has

16  been appointed to an M.P.O.

17         (b)  In metropolitan areas in which authorities or

18  other agencies have been or may be created by law to perform

19  transportation functions and are performing transportation

20  functions that are not under the jurisdiction of a

21  general-purpose general purpose local government represented

22  on the M.P.O., they shall be provided voting membership on the

23  M.P.O. In all other M.P.O.'s where transportation authorities

24  or agencies are to be represented by elected officials from

25  general-purpose general purpose local governments, the M.P.O.

26  shall establish a process by which the collective interests of

27  such authorities or other agencies are expressed and conveyed.

28         (c)  Any other provision of this section to the

29  contrary notwithstanding, a chartered county with over 1

30  million population may elect to reapportion the membership of

31  an M.P.O. whose jurisdiction is wholly within the county. The

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 1  charter county may exercise the provisions of this paragraph

 2  if:

 3         1.  The M.P.O. approves the reapportionment plan by a

 4  three-fourths vote of its membership;

 5         2.  The M.P.O. and the charter county determine that

 6  the reapportionment plan is needed to fulfill specific goals

 7  and policies applicable to that metropolitan planning area;

 8  and

 9         3.  The charter county determines the reapportionment

10  plan otherwise complies with all federal requirements

11  pertaining to M.P.O. membership.

12  

13  Any charter county that elects to exercise the provisions of

14  this paragraph shall notify the Governor in writing.

15         (d)  Any other provision of this section to the

16  contrary notwithstanding, any county chartered under s. 6(e),

17  Art. VIII of the State Constitution may elect to have its

18  county commission serve as the M.P.O., if the M.P.O.

19  jurisdiction is wholly contained within the county. Any

20  charter county that elects to exercise the provisions of this

21  paragraph shall so notify the Governor in writing. Upon

22  receipt of such notification, the Governor must designate the

23  county commission as the M.P.O. The Governor must appoint four

24  additional voting members to the M.P.O., one of whom must be

25  an elected official representing a municipality within the

26  county, one of whom must be an expressway authority member,

27  one of whom must be a person who does not hold elected public

28  office and who resides in the unincorporated portion of the

29  county, and one of whom must be a school board member.

30         (4)(3)  APPORTIONMENT.--

31  

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 1         (a)  The Governor shall, with the agreement of the

 2  affected units of general-purpose local government as required

 3  by federal rules and regulations, apportion the membership on

 4  the applicable M.P.O. among the various governmental entities

 5  within the area. At the request of a majority of the affected

 6  units of general-purpose local government comprising an

 7  M.P.O., the Governor and a majority of units of

 8  general-purpose local government serving on an M.P.O. shall

 9  cooperatively agree upon and prescribe who may serve as an

10  alternate member and shall prescribe a method for appointing

11  alternate members who may vote at any M.P.O. meeting that an

12  alternate member attends in place of a regular member. The

13  method shall be set forth as a part of the interlocal

14  agreement describing the M.P.O.'s membership or in the

15  M.P.O.'s operating procedures and bylaws. An appointed

16  alternate member must be an elected official serving the same

17  governmental entity or a general-purpose local government with

18  jurisdiction within all or part of the area that the regular

19  member serves.  The governmental entity so designated shall

20  appoint the appropriate number of members to the M.P.O. from

21  eligible officials. Representatives of the department shall

22  serve as nonvoting members of the M.P.O. governing board.

23  Nonvoting advisers may be appointed by the M.P.O. as deemed

24  necessary; however, to the maximum extent feasible, each

25  M.P.O. shall seek to appoint nonvoting representatives of

26  various multimodal forms of transportation not otherwise

27  represented by voting members of the M.P.O. An M.P.O. shall

28  appoint nonvoting advisers representing major military

29  installations located within the jurisdictional boundaries of

30  the M.P.O. upon the request of the aforesaid major military

31  installations and subject to the agreement of the M.P.O. All

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 1  nonvoting advisers may attend and participate fully in

 2  governing board meetings but shall not have a vote and shall

 3  not be members of the governing board. The Governor shall

 4  review the composition of the M.P.O. membership in conjunction

 5  with the decennial census as prepared by the United States

 6  Department of Commerce, Bureau of the Census, and reapportion

 7  it as necessary to comply with subsection (3) (2).

 8         (b)  Except for members who represent municipalities on

 9  the basis of alternating with representatives from other

10  municipalities that do not have members on the M.P.O. as

11  provided in paragraph (3)(a) (2)(a), the members of an M.P.O.

12  shall serve 4-year terms. Members who represent municipalities

13  on the basis of alternating with representatives from other

14  municipalities that do not have members on the M.P.O. as

15  provided in paragraph (3)(a) (2)(a) may serve terms of up to 4

16  years as further provided in the interlocal agreement

17  described in paragraph (2)(b) (1)(b). The membership of a

18  member who is a public official automatically terminates upon

19  the member's leaving his or her elective or appointive office

20  for any reason, or may be terminated by a majority vote of the

21  total membership of the entity's governing board a county or

22  city governing entity represented by the member. A vacancy

23  shall be filled by the original appointing entity. A member

24  may be reappointed for one or more additional 4-year terms.

25         (c)  If a governmental entity fails to fill an assigned

26  appointment to an M.P.O. within 60 days after notification by

27  the Governor of its duty to appoint, that appointment shall be

28  made by the Governor from the eligible representatives of that

29  governmental entity.

30         (5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority

31  and responsibility of an M.P.O. is to manage a continuing,

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 1  cooperative, and comprehensive transportation planning process

 2  that, based upon the prevailing principles provided in s.

 3  334.046(1), results in the development of plans and programs

 4  which are consistent, to the maximum extent feasible, with the

 5  approved local government comprehensive plans of the units of

 6  local government the boundaries of which are within the

 7  metropolitan area of the M.P.O. An M.P.O. shall be the forum

 8  for cooperative decisionmaking by officials of the affected

 9  governmental entities in the development of the plans and

10  programs required by subsections (5), (6), (7), and (8), and

11  (9).

12         (6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The

13  powers, privileges, and authority of an M.P.O. are those

14  specified in this section or incorporated in an interlocal

15  agreement authorized under s. 163.01. Each M.P.O. shall

16  perform all acts required by federal or state laws or rules,

17  now and subsequently applicable, which are necessary to

18  qualify for federal aid. It is the intent of this section that

19  each M.P.O. shall be involved in the planning and programming

20  of transportation facilities, including, but not limited to,

21  airports, intercity and high-speed rail lines, seaports, and

22  intermodal facilities, to the extent permitted by state or

23  federal law.

24         (a)  Each M.P.O. shall, in cooperation with the

25  department, develop:

26         1.  A long-range transportation plan pursuant to the

27  requirements of subsection (7) (6);

28         2.  An annually updated transportation improvement

29  program pursuant to the requirements of subsection (8) (7);

30  and

31  

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 1         3.  An annual unified planning work program pursuant to

 2  the requirements of subsection (9) (8).

 3         (b)  In developing the long-range transportation plan

 4  and the transportation improvement program required under

 5  paragraph (a), each M.P.O. shall provide for consideration of

 6  projects and strategies that will:

 7         1.  Support the economic vitality of the metropolitan

 8  area, especially by enabling global competitiveness,

 9  productivity, and efficiency;

10         2.  Increase the safety and security of the

11  transportation system for motorized and nonmotorized users;

12         3.  Increase the accessibility and mobility options

13  available to people and for freight;

14         4.  Protect and enhance the environment, promote energy

15  conservation, and improve quality of life;

16         5.  Enhance the integration and connectivity of the

17  transportation system, across and between modes, for people

18  and freight;

19         6.  Promote efficient system management and operation;

20  and

21         7.  Emphasize the preservation of the existing

22  transportation system.

23         (c)  In order to provide recommendations to the

24  department and local governmental entities regarding

25  transportation plans and programs, each M.P.O. shall:

26         1.  Prepare a congestion management system for the

27  metropolitan area and cooperate with the department in the

28  development of all other transportation management systems

29  required by state or federal law;

30         2.  Assist the department in mapping transportation

31  planning boundaries required by state or federal law;

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 1         3.  Assist the department in performing its duties

 2  relating to access management, functional classification of

 3  roads, and data collection;

 4         4.  Execute all agreements or certifications necessary

 5  to comply with applicable state or federal law;

 6         5.  Represent all the jurisdictional areas within the

 7  metropolitan area in the formulation of transportation plans

 8  and programs required by this section; and

 9         6.  Perform all other duties required by state or

10  federal law.

11         (d)  Each M.P.O. shall appoint a technical advisory

12  committee, the members of which shall serve at the pleasure of

13  the M.P.O. The membership of the technical advisory committee

14  must include, whenever possible, that includes planners;

15  engineers; representatives of local aviation authorities, port

16  authorities, and public transit authorities or representatives

17  of aviation departments, seaport departments, and public

18  transit departments of municipal or county governments, as

19  applicable; the school superintendent of each county within

20  the jurisdiction of the M.P.O. or the superintendent's

21  designee; and other appropriate representatives of affected

22  local governments. In addition to any other duties assigned to

23  it by the M.P.O. or by state or federal law, the technical

24  advisory committee is responsible for considering safe access

25  to schools in its review of transportation project priorities,

26  long-range transportation plans, and transportation

27  improvement programs, and shall advise the M.P.O. on such

28  matters. In addition, the technical advisory committee shall

29  coordinate its actions with local school boards and other

30  local programs and organizations within the metropolitan area

31  which participate in school safety activities, such as locally

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 1  established community traffic safety teams. Local school

 2  boards must provide the appropriate M.P.O. with information

 3  concerning future school sites and in the coordination of

 4  transportation service.

 5         (e)1.  Each M.P.O. shall appoint a citizens' advisory

 6  committee, the members of which serve at the pleasure of the

 7  M.P.O. The membership on the citizens' advisory committee must

 8  reflect a broad cross section of local residents with an

 9  interest in the development of an efficient, safe, and

10  cost-effective transportation system. Minorities, the elderly,

11  and the handicapped must be adequately represented.

12         2.  Notwithstanding the provisions of subparagraph 1.,

13  an M.P.O. may, with the approval of the department and the

14  applicable federal governmental agency, adopt an alternative

15  program or mechanism to ensure citizen involvement in the

16  transportation planning process.

17         (f)  The department shall allocate to each M.P.O., for

18  the purpose of accomplishing its transportation planning and

19  programming duties, an appropriate amount of federal

20  transportation planning funds.

21         (g)  Each M.P.O. shall have an executive or staff

22  director who reports directly to the M.P.O. governing board

23  for all matters regarding the administration and operation of

24  the M.P.O. and any additional personnel as deemed necessary.

25  The executive director and any additional personnel may be

26  employed either by an M.P.O. or by another governmental

27  entity, such as a county, city, or regional planning council,

28  that has a staff services agreement signed and in effect with

29  the M.P.O. Each M.P.O. may employ personnel or may enter into

30  contracts with local or state agencies, private planning

31  firms, or private engineering firms, or other public or

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 1  private entities to accomplish its transportation planning and

 2  programming duties and administrative functions required by

 3  state or federal law.

 4         (h)  In order to enhance their knowledge,

 5  effectiveness, and participation in the urbanized area

 6  transportation planning process, each M.P.O. shall provide

 7  training opportunities and training funds specifically for

 8  local elected officials and others who serve on an M.P.O. The

 9  training opportunities may be conducted by an individual

10  M.P.O. or through statewide and federal training programs and

11  initiatives that are specifically designed to meet the needs

12  of M.P.O. board members.

13         (i)(h)  A chair's coordinating committee is created,

14  composed of the M.P.O.'s serving Hernando, Hillsborough,

15  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The

16  committee must, at a minimum:

17         1.  Coordinate transportation projects deemed to be

18  regionally significant by the committee.

19         2.  Review the impact of regionally significant land

20  use decisions on the region.

21         3.  Review all proposed regionally significant

22  transportation projects in the respective transportation

23  improvement programs which affect more than one of the

24  M.P.O.'s represented on the committee.

25         4.  Institute a conflict resolution process to address

26  any conflict that may arise in the planning and programming of

27  such regionally significant projects.

28         (j)(i)1.  The Legislature finds that the state's rapid

29  growth in recent decades has caused many urbanized areas

30  subject to M.P.O. jurisdiction to become contiguous to each

31  other. As a result, various transportation projects may cross

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 1  from the jurisdiction of one M.P.O. into the jurisdiction of

 2  another M.P.O. To more fully accomplish the purposes for which

 3  M.P.O.'s have been mandated, M.P.O.'s shall develop

 4  coordination mechanisms with one another to expand and improve

 5  transportation within the state. The appropriate method of

 6  coordination between M.P.O.'s shall vary depending upon the

 7  project involved and given local and regional needs.

 8  Consequently, it is appropriate to set forth a flexible

 9  methodology that can be used by M.P.O.'s to coordinate with

10  other M.P.O.'s and appropriate political subdivisions as

11  circumstances demand.

12         2.  Any M.P.O. may join with any other M.P.O. or any

13  individual political subdivision to coordinate activities or

14  to achieve any federal or state transportation planning or

15  development goals or purposes consistent with federal or state

16  law. When an M.P.O. determines that it is appropriate to join

17  with another M.P.O. or any political subdivision to coordinate

18  activities, the M.P.O. or political subdivision shall enter

19  into an interlocal agreement pursuant to s. 163.01, which, at

20  a minimum, creates a separate legal or administrative entity

21  to coordinate the transportation planning or development

22  activities required to achieve the goal or purpose; provides

23  provide the purpose for which the entity is created; provides

24  provide the duration of the agreement and the entity, and

25  specifies specify how the agreement may be terminated,

26  modified, or rescinded; describes describe the precise

27  organization of the entity, including who has voting rights on

28  the governing board, whether alternative voting members are

29  provided for, how voting members are appointed, and what the

30  relative voting strength is for each constituent M.P.O. or

31  political subdivision; provides provide the manner in which

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 1  the parties to the agreement will provide for the financial

 2  support of the entity and payment of costs and expenses of the

 3  entity; provides provide the manner in which funds may be paid

 4  to and disbursed from the entity; and provides provide how

 5  members of the entity will resolve disagreements regarding

 6  interpretation of the interlocal agreement or disputes

 7  relating to the operation of the entity. Such interlocal

 8  agreement shall become effective upon its recordation in the

 9  official public records of each county in which a member of

10  the entity created by the interlocal agreement has a voting

11  member. This paragraph does not require any M.P.O.'s to merge,

12  combine, or otherwise join together as a single M.P.O.

13         (7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O.

14  must develop a long-range transportation plan that addresses

15  at least a 20-year planning horizon. The plan must include

16  both long-range and short-range strategies and must comply

17  with all other state and federal requirements. The prevailing

18  principles to be considered in the long-range transportation

19  plan are: preserving the existing transportation

20  infrastructure; enhancing Florida's economic competitiveness;

21  and improving travel choices to ensure mobility. The

22  long-range transportation plan must be consistent, to the

23  maximum extent feasible, with future land use elements and the

24  goals, objectives, and policies of the approved local

25  government comprehensive plans of the units of local

26  government located within the jurisdiction of the M.P.O. The

27  approved long-range transportation plan must be considered by

28  local governments in the development of the transportation

29  elements in local government comprehensive plans and any

30  amendments thereto. The long-range transportation plan must,

31  at a minimum:

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 1         (a)  Identify transportation facilities, including, but

 2  not limited to, major roadways, airports, seaports,

 3  spaceports, commuter rail systems, transit systems, and

 4  intermodal or multimodal terminals that will function as an

 5  integrated metropolitan transportation system. The long-range

 6  transportation plan must give emphasis to those transportation

 7  facilities that serve national, statewide, or regional

 8  functions, and must consider the goals and objectives

 9  identified in the Florida Transportation Plan as provided in

10  s. 339.155. If a project is located within the boundaries of

11  more than one M.P.O., the M.P.O.'s must coordinate plans

12  regarding the project in the long-range transportation plan.

13         (b)  Include a financial plan that demonstrates how the

14  plan can be implemented, indicating resources from public and

15  private sources which are reasonably expected to be available

16  to carry out the plan, and recommends any additional financing

17  strategies for needed projects and programs. The financial

18  plan may include, for illustrative purposes, additional

19  projects that would be included in the adopted long-range

20  transportation plan if reasonable additional resources beyond

21  those identified in the financial plan were available. For the

22  purpose of developing the long-range transportation plan, the

23  M.P.O. and the department shall cooperatively develop

24  estimates of funds that will be available to support the plan

25  implementation. Innovative financing techniques may be used to

26  fund needed projects and programs. Such techniques may include

27  the assessment of tolls, the use of value capture financing,

28  or the use of value pricing.

29         (c)  Assess capital investment and other measures

30  necessary to:

31  

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 1         1.  Ensure the preservation of the existing

 2  metropolitan transportation system including requirements for

 3  the operation, resurfacing, restoration, and rehabilitation of

 4  major roadways and requirements for the operation,

 5  maintenance, modernization, and rehabilitation of public

 6  transportation facilities; and

 7         2.  Make the most efficient use of existing

 8  transportation facilities to relieve vehicular congestion and

 9  maximize the mobility of people and goods.

10         (d)  Indicate, as appropriate, proposed transportation

11  enhancement activities, including, but not limited to,

12  pedestrian and bicycle facilities, scenic easements,

13  landscaping, historic preservation, mitigation of water

14  pollution due to highway runoff, and control of outdoor

15  advertising.

16         (e)  In addition to the requirements of paragraphs

17  (a)-(d), in metropolitan areas that are classified as

18  nonattainment areas for ozone or carbon monoxide, the M.P.O.

19  must coordinate the development of the long-range

20  transportation plan with the State Implementation Plan

21  developed pursuant to the requirements of the federal Clean

22  Air Act.

23  

24  In the development of its long-range transportation plan, each

25  M.P.O. must provide the public, affected public agencies,

26  representatives of transportation agency employees, freight

27  shippers, providers of freight transportation services,

28  private providers of transportation, representatives of users

29  of public transit, and other interested parties with a

30  reasonable opportunity to comment on the long-range

31  

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 1  transportation plan. The long-range transportation plan must

 2  be approved by the M.P.O.

 3         (8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each

 4  M.P.O. shall, in cooperation with the state and affected

 5  public transportation operators, develop a transportation

 6  improvement program for the area within the jurisdiction of

 7  the M.P.O. In the development of the transportation

 8  improvement program, each M.P.O. must provide the public,

 9  affected public agencies, representatives of transportation

10  agency employees, freight shippers, providers of freight

11  transportation services, private providers of transportation,

12  representatives of users of public transit, and other

13  interested parties with a reasonable opportunity to comment on

14  the proposed transportation improvement program.

15         (a)  Each M.P.O. is responsible for developing,

16  annually, a list of project priorities and a transportation

17  improvement program. The prevailing principles to be

18  considered by each M.P.O. when developing a list of project

19  priorities and a transportation improvement program are:

20  preserving the existing transportation infrastructure;

21  enhancing Florida's economic competitiveness; and improving

22  travel choices to ensure mobility. The transportation

23  improvement program will be used to initiate federally aided

24  transportation facilities and improvements as well as other

25  transportation facilities and improvements including transit,

26  rail, aviation, spaceport, and port facilities to be funded

27  from the State Transportation Trust Fund within its

28  metropolitan area in accordance with existing and subsequent

29  federal and state laws and rules and regulations related

30  thereto. The transportation improvement program shall be

31  consistent, to the maximum extent feasible, with the approved

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 1  local government comprehensive plans of the units of local

 2  government whose boundaries are within the metropolitan area

 3  of the M.P.O. and include those projects programmed pursuant

 4  to s. 339.2819(4).

 5         (b)  Each M.P.O. annually shall prepare a list of

 6  project priorities and shall submit the list to the

 7  appropriate district of the department by October 1 of each

 8  year; however, the department and a metropolitan planning

 9  organization may, in writing, agree to vary this submittal

10  date. The list of project priorities must be formally reviewed

11  by the technical and citizens' advisory committees, and

12  approved by the M.P.O., before it is transmitted to the

13  district. The approved list of project priorities must be used

14  by the district in developing the district work program and

15  must be used by the M.P.O. in developing its transportation

16  improvement program. The annual list of project priorities

17  must be based upon project selection criteria that, at a

18  minimum, consider the following:

19         1.  The approved M.P.O. long-range transportation plan;

20         2.  The Strategic Intermodal System Plan developed

21  under s. 339.64.

22         3.  The priorities developed pursuant to s.

23  339.2819(4).

24         4.  The results of the transportation management

25  systems; and

26         5.  The M.P.O.'s public-involvement procedures.

27         (c)  The transportation improvement program must, at a

28  minimum:

29         1.  Include projects and project phases to be funded

30  with state or federal funds within the time period of the

31  transportation improvement program and which are recommended

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 1  for advancement during the next fiscal year and 4 subsequent

 2  fiscal years. Such projects and project phases must be

 3  consistent, to the maximum extent feasible, with the approved

 4  local government comprehensive plans of the units of local

 5  government located within the jurisdiction of the M.P.O. For

 6  informational purposes, the transportation improvement program

 7  shall also include a list of projects to be funded from local

 8  or private revenues.

 9         2.  Include projects within the metropolitan area which

10  are proposed for funding under 23 U.S.C. s. 134 of the Federal

11  Transit Act and which are consistent with the long-range

12  transportation plan developed under subsection (7) (6).

13         3.  Provide a financial plan that demonstrates how the

14  transportation improvement program can be implemented;

15  indicates the resources, both public and private, that are

16  reasonably expected to be available to accomplish the program;

17  identifies any innovative financing techniques that may be

18  used to fund needed projects and programs; and may include,

19  for illustrative purposes, additional projects that would be

20  included in the approved transportation improvement program if

21  reasonable additional resources beyond those identified in the

22  financial plan were available. Innovative financing techniques

23  may include the assessment of tolls, the use of value capture

24  financing, or the use of value pricing. The transportation

25  improvement program may include a project or project phase

26  only if full funding can reasonably be anticipated to be

27  available for the project or project phase within the time

28  period contemplated for completion of the project or project

29  phase.

30  

31  

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 1         4.  Group projects and project phases of similar

 2  urgency and anticipated staging into appropriate staging

 3  periods.

 4         5.  Indicate how the transportation improvement program

 5  relates to the long-range transportation plan developed under

 6  subsection (7) (6), including providing examples of specific

 7  projects or project phases that further the goals and policies

 8  of the long-range transportation plan.

 9         6.  Indicate whether any project or project phase is

10  inconsistent with an approved comprehensive plan of a unit of

11  local government located within the jurisdiction of the M.P.O.

12  If a project is inconsistent with an affected comprehensive

13  plan, the M.P.O. must provide justification for including the

14  project in the transportation improvement program.

15         7.  Indicate how the improvements are consistent, to

16  the maximum extent feasible, with affected seaport, airport,

17  and spaceport master plans and with public transit development

18  plans of the units of local government located within the

19  jurisdiction of the M.P.O. If a project is located within the

20  boundaries of more than one M.P.O., the M.P.O.'s must

21  coordinate plans regarding the project in the transportation

22  improvement program.

23         (d)  Projects included in the transportation

24  improvement program and that have advanced to the design stage

25  of preliminary engineering may be removed from or rescheduled

26  in a subsequent transportation improvement program only by the

27  joint action of the M.P.O. and the department. Except when

28  recommended in writing by the district secretary for good

29  cause, any project removed from or rescheduled in a subsequent

30  transportation improvement program shall not be rescheduled by

31  

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 1  the M.P.O. in that subsequent program earlier than the 5th

 2  year of such program.

 3         (e)  During the development of the transportation

 4  improvement program, the M.P.O. shall, in cooperation with the

 5  department and any affected public transit operation, provide

 6  citizens, affected public agencies, representatives of

 7  transportation agency employees, freight shippers, providers

 8  of freight transportation services, private providers of

 9  transportation, representatives of users of public transit,

10  and other interested parties with reasonable notice of and an

11  opportunity to comment on the proposed program.

12         (f)  The adopted annual transportation improvement

13  program for M.P.O.'s in nonattainment or maintenance areas

14  must be submitted to the district secretary and the Department

15  of Community Affairs at least 90 days before the submission of

16  the state transportation improvement program by the department

17  to the appropriate federal agencies. The annual transportation

18  improvement program for M.P.O.'s in attainment areas must be

19  submitted to the district secretary and the Department of

20  Community Affairs at least 45 days before the department

21  submits the state transportation improvement program to the

22  appropriate federal agencies; however, the department, the

23  Department of Community Affairs, and a metropolitan planning

24  organization may, in writing, agree to vary this submittal

25  date. The Governor or the Governor's designee shall review and

26  approve each transportation improvement program and any

27  amendments thereto.

28         (g)  The Department of Community Affairs shall review

29  the annual transportation improvement program of each M.P.O.

30  for consistency with the approved local government

31  comprehensive plans of the units of local government whose

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 1  boundaries are within the metropolitan area of each M.P.O. and

 2  shall identify those projects that are inconsistent with such

 3  comprehensive plans. The Department of Community Affairs shall

 4  notify an M.P.O. of any transportation projects contained in

 5  its transportation improvement program which are inconsistent

 6  with the approved local government comprehensive plans of the

 7  units of local government whose boundaries are within the

 8  metropolitan area of the M.P.O.

 9         (h)  The M.P.O. shall annually publish or otherwise

10  make available for public review the annual listing of

11  projects for which federal funds have been obligated in the

12  preceding year. Project monitoring systems must be maintained

13  by those agencies responsible for obligating federal funds and

14  made accessible to the M.P.O.'s.

15         (9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O.

16  shall develop, in cooperation with the department and public

17  transportation providers, a unified planning work program that

18  lists all planning tasks to be undertaken during the program

19  year. The unified planning work program must provide a

20  complete description of each planning task and an estimated

21  budget therefor and must comply with applicable state and

22  federal law.

23         (10)(9)  AGREEMENTS.--

24         (a)  Each M.P.O. shall execute the following written

25  agreements, which shall be reviewed, and updated as necessary,

26  every 5 years:

27         1.  An agreement with the department clearly

28  establishing the cooperative relationship essential to

29  accomplish the transportation planning requirements of state

30  and federal law.

31  

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 1         2.  An agreement with the metropolitan and regional

 2  intergovernmental coordination and review agencies serving the

 3  metropolitan areas, specifying the means by which activities

 4  will be coordinated and how transportation planning and

 5  programming will be part of the comprehensive planned

 6  development of the area.

 7         3.  An agreement with operators of public

 8  transportation systems, including transit systems, commuter

 9  rail systems, airports, seaports, and spaceports, describing

10  the means by which activities will be coordinated and

11  specifying how public transit, commuter rail, aviation,

12  seaport, and aerospace planning and programming will be part

13  of the comprehensive planned development of the metropolitan

14  area.

15         (b)  An M.P.O. may execute other agreements required by

16  state or federal law or as necessary to properly accomplish

17  its functions.

18         (11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

19  COUNCIL.--

20         (a)  A Metropolitan Planning Organization Advisory

21  Council is created to augment, and not supplant, the role of

22  the individual M.P.O.'s in the cooperative transportation

23  planning process described in this section.

24         (b)  The council shall consist of one representative

25  from each M.P.O. and shall elect a chairperson annually from

26  its number. Each M.P.O. shall also elect an alternate

27  representative from each M.P.O. to vote in the absence of the

28  representative. Members of the council do not receive any

29  compensation for their services, but may be reimbursed from

30  funds made available to council members for travel and per

31  

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 1  diem expenses incurred in the performance of their council

 2  duties as provided in s. 112.061.

 3         (c)  The powers and duties of the Metropolitan Planning

 4  Organization Advisory Council are to:

 5         1.  Enter into contracts with individuals, private

 6  corporations, and public agencies.

 7         2.  Acquire, own, operate, maintain, sell, or lease

 8  personal property essential for the conduct of business.

 9         3.  Accept funds, grants, assistance, gifts, or

10  bequests from private, local, state, or federal sources.

11         4.  Establish bylaws and adopt rules pursuant to ss.

12  120.536(1) and 120.54 to implement provisions of law

13  conferring powers or duties upon it.

14         5.  Assist M.P.O.'s in carrying out the urbanized area

15  transportation planning process by serving as the principal

16  forum for collective policy discussion pursuant to law.

17         6.  Serve as a clearinghouse for review and comment by

18  M.P.O.'s on the Florida Transportation Plan and on other

19  issues required to comply with federal or state law in

20  carrying out the urbanized area transportation and systematic

21  planning processes instituted pursuant to s. 339.155.

22         7.  Employ an executive director and such other staff

23  as necessary to perform adequately the functions of the

24  council, within budgetary limitations. The executive director

25  and staff are exempt from part II of chapter 110 and serve at

26  the direction and control of the council. The council is

27  assigned to the Office of the Secretary of the Department of

28  Transportation for fiscal and accountability purposes, but it

29  shall otherwise function independently of the control and

30  direction of the department.

31  

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 1         8.  Adopt an agency strategic plan that provides the

 2  priority directions the agency will take to carry out its

 3  mission within the context of the state comprehensive plan and

 4  any other statutory mandates and directions given to the

 5  agency.

 6         (12)(11)  APPLICATION OF FEDERAL LAW.--Upon

 7  notification by an agency of the Federal Government that any

 8  provision of this section conflicts with federal laws or

 9  regulations, such federal laws or regulations will take

10  precedence to the extent of the conflict until such conflict

11  is resolved. The department or an M.P.O. may take any

12  necessary action to comply with such federal laws and

13  regulations or to continue to remain eligible to receive

14  federal funds.

15         (13)(12)  VOTING REQUIREMENTS.--Each long-range

16  transportation plan required pursuant to subsection (7) (6),

17  each annually updated Transportation Improvement Program

18  required under subsection (8) (7), and each amendment that

19  affects projects in the first 3 years of such plans and

20  programs must be approved by each M.P.O. on a recorded roll

21  call vote, or hand-counted vote, of a majority of the

22  membership present.

23         Section 20.  Subsection (2) of section 339.2819,

24  Florida Statutes, is amended to read:

25         339.2819  Transportation Regional Incentive Program.--

26         (2)  The percentage of matching funds provided from the

27  Transportation Regional Incentive Program shall be 50 percent

28  of project costs, or up to 50 percent of the nonfederal share

29  of the eligible project cost for a public transportation

30  facility project.

31  

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 1         Section 21.  Section 339.282, Florida Statutes, is

 2  created to read:

 3         339.282  Transportation concurrency incentives.--The

 4  Legislature finds that allowing private-sector entities to

 5  finance, construct, and improve public transportation

 6  facilities can provide significant benefits to the citizens of

 7  this state by facilitating transportation of the general

 8  public without the need for additional public tax revenues. In

 9  order to encourage the more efficient and proactive provision

10  of transportation improvements by the private sector, if a

11  developer or property owner voluntarily contributes

12  right-of-way and physically constructs or expands a state

13  transportation facility or segment, and such construction or

14  expansion improves traffic flow, capacity, or safety, the

15  voluntary contribution may be applied as a credit for that

16  property owner or developer against any future transportation

17  concurrency requirements pursuant to chapter 163, provided

18  such contributions and credits are set forth in a legally

19  binding agreement executed by the property owner or developer,

20  the local government of the jurisdiction in which the facility

21  is located, and the department. If the developer or property

22  owner voluntarily contributes right-of-way and physically

23  constructs or expands a local government facility or segment

24  and such construction or expansion meets the requirements in

25  this section and is set forth in a legally binding agreement

26  between the property owner or developer and the applicable

27  local government, the contribution to the local government

28  collector and the arterial system may be applied as credit

29  against any future transportation concurrency requirements

30  within the jurisdiction under chapter 163.

31  

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 1         Section 22.  Paragraph (a) of subsection (2) of section

 2  343.81, Florida Statutes, is amended to read:

 3         343.81  Northwest Florida Transportation Corridor

 4  Authority.--

 5         (2)(a)  The governing body of the authority shall

 6  consist of eight voting members, one each from Escambia, Santa

 7  Rosa, Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla

 8  Counties, appointed by the Governor to a 4-year term. The

 9  appointees shall be residents of their respective counties and

10  may not hold an elected office. Upon the effective date of his

11  or her appointment, or as soon thereafter as practicable, each

12  appointed member of the authority shall enter upon his or her

13  duties. Each appointed member shall hold office until his or

14  her successor has been appointed and has qualified. A vacancy

15  occurring during a term shall be filled only for the balance

16  of the unexpired term. Any member of the authority shall be

17  eligible for reappointment. Members of the authority may be

18  removed from office by the Governor for misconduct,

19  malfeasance, misfeasance, or nonfeasance in office.

20         Section 23.  The amendments made by this act to s.

21  343.81, Florida Statutes, prohibiting the appointment of a

22  person holding an elected office to the Northwest Florida

23  Transportation Corridor Authority shall not prohibit any

24  member appointed prior to the effective date of this act from

25  completing his or her current term, and the prohibition shall

26  only apply to members appointed after the effective date of

27  this act and shall not preclude the reappointment of any

28  existing member.

29         Section 24.  Subsection (2) of section 343.82, Florida

30  Statutes, is amended to read:

31         343.82  Purposes and powers.--

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 1         (2)(a)  The authority is authorized to construct any

 2  feeder roads, reliever roads, connector roads, bypasses, or

 3  appurtenant facilities that are intended to improve mobility

 4  along the U.S. 98 corridor. The transportation improvement

 5  projects may also include all necessary approaches, roads,

 6  bridges, and avenues of access that are desirable and proper

 7  with the concurrence, where applicable, of the department if

 8  the project is to be part of the State Highway System or the

 9  respective county or municipal governing boards. Any

10  transportation facilities constructed by the authority may be

11  tolled.

12         (b)  Notwithstanding any special act to the contrary,

13  the authority shall plan for and study the feasibility of

14  constructing, operating, and maintaining a bridge or bridges

15  spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and

16  access roads to such bridge or bridges, including studying the

17  environmental and economic feasibility of such bridge or

18  bridges and access roads, and such other transportation

19  facilities that become part of such bridge system. The

20  authority may construct, operate, and maintain the bridge

21  system if the authority determines that the bridge system

22  project is feasible and consistent with the authority's

23  primary purpose and master plan.

24         Section 25.  Subsection (9) of section 348.0004,

25  Florida Statutes, is amended to read:

26         348.0004  Purposes and powers.--

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

28  need for rapid construction of safe and efficient

29  transportation facilities for travel within the state and that

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

31  partnership agreements to effectuate the construction of

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 1  additional safe, convenient, and economical transportation

 2  facilities.

 3         (a)  Notwithstanding any other provision of the Florida

 4  Expressway Authority Act, any expressway authority,

 5  transportation authority, bridge authority, or toll authority

 6  established under this part or any other statute may receive

 7  or solicit proposals and enter into agreements with private

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

 9  ownership, or financing of expressway authority transportation

10  facilities or new transportation facilities within the

11  jurisdiction of the expressway authority. An expressway

12  authority is authorized to adopt rules to implement this

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

14  for the submission of unsolicited proposals under this

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

16  evaluating the proposals. An expressway authority may engage

17  private consultants to assist in the evaluation. Before

18  approval, an expressway authority must determine that a

19  proposed project:

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

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

22  project is on or provides increased mobility on the State

23  Highway System.

24         3.  Would have adequate safeguards to ensure that no

25  additional costs or service disruptions would be realized by

26  the traveling public and residents citizens of the state in

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

28  the expressway authority.

29         (b)  An expressway authority shall ensure that all

30  reasonable costs to the state which are, related to

31  transportation facilities that are not part of the State

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

 2  authority shall also ensure that all reasonable costs to the

 3  state and substantially affected local governments and

 4  utilities related to the private transportation facility are

 5  borne by the private entity for transportation facilities that

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

 7  Highway System, the department may use state resources to

 8  participate in funding and financing the project as provided

 9  for under the department's enabling legislation.

10         (c)  The expressway authority may request proposals for

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

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

13  Administrative Weekly and a newspaper of general circulation

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

15  2 weeks, stating that it has received the proposal and will

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

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

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

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

20  expressway authority shall rank the proposals in order of

21  preference. In ranking the proposals, the expressway authority

22  shall consider professional qualifications, general business

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

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

25  If the expressway authority is not satisfied with the results

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

27  negotiations with the proposer. If these negotiations are

28  unsuccessful, the expressway authority may go to the second

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

30  only one proposal is received, the expressway authority may

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

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

 2  negotiations with the proposer. Notwithstanding this

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

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

 5  completion of a contract with the proposer.

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

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

 8  public-private partnerships. To be eligible, a private entity

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

10  from a nationally recognized rating agency that the senior

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

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

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

14  fully repaid.

15         (e)  Agreements entered into pursuant to this

16  subsection may authorize the public-private entity to impose

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

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

19  the expressway authority to avoid unreasonable costs to users

20  of the facility.

21         (f)  Each public-private transportation facility

22  constructed pursuant to this subsection shall comply with all

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

24  regional, and local comprehensive plans; the expressway

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

26  transportation facilities; and any other conditions that the

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

28  interest.

29         (g)  An expressway authority may exercise any power

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

31  development and construction of transportation projects

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 1  pursuant to this subsection. An expressway authority may pay

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

 3  facility or may provide services to the private entity for

 4  which it receives full or partial reimbursement for services

 5  rendered.

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

 7  intended to amend existing laws by granting additional powers

 8  to or further restricting the governmental entities from

 9  regulating and entering into cooperative arrangements with the

10  private sector for the planning, construction, and operation

11  of transportation facilities. Use of the powers granted in

12  this subsection may not subject a statutorily created

13  expressway authority, transportation authority, bridge

14  authority, or toll authority, other than one statutorily

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

16  part other than those contained in this subsection.

17         Section 26.  Section 348.0012, Florida Statutes, is

18  amended to read:

19         348.0012  Exemptions from applicability.--The Florida

20  Expressway Authority Act does not apply:

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

22  been created pursuant to parts II-IX of this chapter, except

23  as expressly provided in this part; or

24         (2)  To a transportation authority created pursuant to

25  chapter 349.

26         Section 27.  Subsection (6) is added to section

27  348.754, Florida Statutes, to read:

28         348.754  Purposes and powers.--

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

30  County Expressway Authority may waive payment and performance

31  bonds on construction contracts for the construction of a

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 1  public building, for the prosecution and completion of a

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

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

 4  is awarded pursuant to an economic development program for the

 5  encouragement of local small businesses that has been adopted

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

 7  Authority pursuant to a resolution or policy.

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

 9  in the economic development program for local small businesses

10  requires that a participant:

11         1.  Be an independent business.

12         2.  Be principally domiciled in the Orange County

13  Standard Metropolitan Statistical Area.

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

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

16  less over the immediately preceding 3 calendar years with

17  regard to any construction element of the program.

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

19  County Expressway Authority's microcontracts program or such

20  other small business program as may be hereinafter enacted by

21  the Orlando-Orange County Expressway Authority.

22         6.  Participate in an educational curriculum or

23  technical assistance program for business development that

24  will assist the small business in becoming eligible for

25  bonding.

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

27  payment and performance bonds on projects with values not less

28  than $200,000 and not exceeding $500,000 shall provide that

29  payment and performance bonds may only be waived on projects

30  that have been set aside to be competitively bid on by

31  participants in an economic development program for local

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

 2  her designee shall determine whether specific construction

 3  projects are suitable for:

 4         1.  Bidding under the authority's microcontracts

 5  program by registered local small businesses; and

 6         2.  Waiver of the payment and performance bond.

 7  

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

 9  executive director to waive the payment and performance bond

10  shall be based upon his or her investigation and conclusion

11  that there exists sufficient competition so that the authority

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

13  with respect to such project.

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

15  performance bond has been waived pursuant to the authority set

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

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

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

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

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

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

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

23  authority shall record notice of this obligation in the manner

24  and location that surety bonds are recorded. The notice shall

25  include the information describing the contract that s.

26  255.05(1) requires be stated on the front page of the bond.

27  Notwithstanding that s. 255.05(9) generally applies when a

28  performance and payment bond is required, s. 255.05(9) shall

29  apply under this subsection to any contract on which

30  performance or payment bonds are waived and any claim to

31  

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 1  payment under this subsection shall be treated as a contract

 2  claim pursuant to s. 255.05(9).

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

 4  bidder on six projects for which the payment and performance

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

 6  shall be ineligible to bid on additional projects for which

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

 8  small business may continue to participate in other elements

 9  of the economic development program for local small businesses

10  as long as it is eligible.

11         (f)  The authority shall conduct bond eligibility

12  training for businesses qualifying for bond waiver under this

13  subsection to encourage and promote bond eligibility for such

14  businesses.

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

16  the activities undertaken pursuant to this subsection to be

17  submitted to the Orange County legislative delegation. The

18  initial report shall be due December 31, 2010.

19         Section 28.  Paragraph (a) of subsection (3) of section

20  163.3177, Florida Statutes, is amended to read:

21         163.3177  Required and optional elements of

22  comprehensive plan; studies and surveys.--

23         (3)(a)  The comprehensive plan shall contain a capital

24  improvements element designed to consider the need for and the

25  location of public facilities in order to encourage the

26  efficient utilization of such facilities and set forth:

27         1.  A component which outlines principles for

28  construction, extension, or increase in capacity of public

29  facilities, as well as a component which outlines principles

30  for correcting existing public facility deficiencies, which

31  

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 1  are necessary to implement the comprehensive plan. The

 2  components shall cover at least a 5-year period.

 3         2.  Estimated public facility costs, including a

 4  delineation of when facilities will be needed, the general

 5  location of the facilities, and projected revenue sources to

 6  fund the facilities.

 7         3.  Standards to ensure the availability of public

 8  facilities and the adequacy of those facilities including

 9  acceptable levels of service.

10         4.  Standards for the management of debt.

11         5.  A schedule of capital improvements which includes

12  publicly funded projects, and which may include privately

13  funded projects for which the local government has no fiscal

14  responsibility, necessary to ensure that adopted

15  level-of-service standards are achieved and maintained. For

16  capital improvements that will be funded by the developer,

17  financial feasibility shall be demonstrated by being

18  guaranteed in an enforceable development agreement or

19  interlocal agreement pursuant to paragraph (10)(h), or other

20  enforceable agreement. These development agreements and

21  interlocal agreements shall be reflected in the schedule of

22  capital improvements if the capital improvement is necessary

23  to serve development within the 5-year schedule. If the local

24  government uses planned revenue sources that require referenda

25  or other actions to secure the revenue source, the plan must,

26  in the event the referenda are not passed or actions do not

27  secure the planned revenue source, identify other existing

28  revenue sources that will be used to fund the capital projects

29  or otherwise amend the plan to ensure financial feasibility.

30         6.  The schedule must include transportation

31  improvements included in the applicable metropolitan planning

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 1  organization's transportation improvement program adopted

 2  pursuant to s. 339.175(8)(7) to the extent that such

 3  improvements are relied upon to ensure concurrency and

 4  financial feasibility. The schedule must also be coordinated

 5  with the applicable metropolitan planning organization's

 6  long-range transportation plan adopted pursuant to s.

 7  339.175(7)(6).

 8         Section 29.  Section 339.176, Florida Statutes, is

 9  amended to read:

10         339.176  Voting membership for M.P.O. with boundaries

11  including certain counties.--In addition to the voting

12  membership established by s. 339.175(3)(2) and notwithstanding

13  any other provision of law to the contrary, the voting

14  membership of any Metropolitan Planning Organization whose

15  geographical boundaries include any county as defined in s.

16  125.011(1) must include an additional voting member appointed

17  by that city's governing body for each city with a population

18  of 50,000 or more residents.

19         Section 30.  Subsection (1) of section 341.828, Florida

20  Statutes, is amended to read:

21         341.828  Permitting.--

22         (1)  The authority, for the purposes of permitting, may

23  utilize one or more permitting processes provided for in

24  statute, including, but not limited to, the metropolitan

25  planning organization long-range transportation planning

26  process as defined in s. 339.175(6) and (7) and (8), in

27  conjunction with the Department of Transportation's work

28  program process as defined in s. 339.135, or any permitting

29  process now in effect or that may be in effect at the time of

30  permitting and will provide the most timely and cost-effective

31  permitting process.

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 1         Section 31.  Section 2 of chapter 89-383, Laws of

 2  Florida, is amended to read:

 3         Section 2.  Red Road is hereby designated as a state

 4  historic highway. No public funds shall be expended for:

 5         (1)  The removal of any healthy tree which is not a

 6  safety hazard.

 7         (2)  Any alteration of the physical dimensions or

 8  location of Red Road, the median strip thereof, the land

 9  adjacent thereto, or any part of the original composition of

10  the entranceway, including the towers, the walls, and the

11  lampposts.

12         (3)  Any construction on or along Red Road of any new

13  structure, or any building, clearing, filling, or excavating

14  on or along Red Road except for routine maintenance or

15  alterations, modifications, or improvements to it and the

16  adjacent right-of-way made for the purpose of enhancing life

17  safety for vehicular or pedestrian use of Red Road if the

18  number of traffic lanes is not altered work which is essential

19  to the health, safety, or welfare of the environment.

20         Section 32.  Subsection (27) is added to section

21  479.01, Florida Statutes, to read:

22         479.01  Definitions.--As used in this chapter, the

23  term:

24         (27)  "Wall mural" means a sign that is a painting or

25  an artistic work composed of photographs or arrangements of

26  color and that displays a commercial or noncommercial message,

27  relies solely on the side of the building for rigid structural

28  support, and is painted on the building or depicted on vinyl,

29  fabric, or other similarly flexible material that is held in

30  place flush or flat against the surface of the building. The

31  

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 1  term excludes a painting or work placed on a structure that is

 2  erected for the sole or primary purpose of signage.

 3         Section 33.  Section 479.156, Florida Statutes, is

 4  created to read:

 5         479.156  Wall murals.--Notwithstanding any other

 6  provision of this chapter, a municipality or county may permit

 7  and regulate wall murals within areas designated by such

 8  government. If a municipality or county permits wall murals, a

 9  wall mural that displays a commercial message and is within

10  660 feet of the nearest edge of the right-of-way within an

11  area adjacent to the interstate highway system or the

12  federal-aid primary highway system shall be located in an area

13  that is zoned for industrial or commercial use and the

14  municipality or county shall establish and enforce regulations

15  for such areas that, at a minimum, set forth criteria

16  governing the size, lighting, and spacing of wall murals

17  consistent with the intent of the Highway Beautification Act

18  of 1965 and with customary use. A wall mural that is subject

19  to municipal or county regulation and the Highway

20  Beautification Act of 1965 must be approved by the Department

21  of Transportation and the Federal Highway Administration and

22  may not violate the agreement between the state and the United

23  States Department of Transportation or violate federal

24  regulations enforced by the Department of Transportation under

25  s. 479.02(1).

26         Section 34.  This act shall take effect July 1, 2007.

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1928

 3                                 

 4  CS for CS for SB 1928 permits the issuance of contracts for
    the use of transponders for parking fees; defines wall murals
 5  and authorizes their regulation by local governments; permits
    local governments to act as transportation backlog concurrency
 6  authorities and engage in tax increment financing for the
    elimination of transportation backlogs; alters the date for
 7  the delivery of a report on micro-contracts; permits existing
    elected officials who are members of a transportation corridor
 8  authority to be reappointed; and removes a procurement
    threshold for local government construction contracts.
 9  

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