Senate Bill sb1928c3

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    Florida Senate - 2007             CS for CS for CS for SB 1928

    By the Committees on Transportation and Economic Development
    Appropriations; Governmental Operations; and Transportation




    606-2686-07

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         112.061, F.S.; authorizing metropolitan

  4         planning organizations and certain separate

  5         entities to establish per diem and travel

  6         reimbursement rates; amending s. 121.021, F.S.;

  7         defining the term "metropolitan planning

  8         organization" for purposes of the Florida

  9         Retirement System Act; revising definitions to

10         include M.P.O.'s and positions in M.P.O.'s;

11         amending s. 121.051, F.S.; providing for

12         M.P.O.'s to participate in the Florida

13         Retirement System; amending s. 121.055, F.S.;

14         requiring certain M.P.O. staff positions to be

15         in the Senior Management Service Class;

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

17         enforcement of certain employer funding

18         contributions required under the Florida

19         Retirement System; authorizing deductions of

20         amounts owed from certain funds distributed to

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

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

23         to require an employer to remit retirement or

24         social security member contributions or

25         employer matching payments; amending s.

26         121.081, F.S.; providing for M.P.O. officers

27         and staff to claim credit for past service for

28         retirement benefits; creating s. 163.3182,

29         F.S.; providing for the creation of

30         transportation concurrency backlog authorities;

31         providing powers and responsibilities of such

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 1         authorities; providing for transportation

 2         concurrency backlog plans; providing for the

 3         issuance of revenue bonds for certain purposes;

 4         providing for the establishment of a local

 5         trust fund within each county or municipality

 6         having an identified transportation concurrency

 7         backlog; providing exemptions from

 8         transportation concurrency requirements;

 9         providing for the satisfaction of concurrency

10         requirements; providing for dissolution of

11         transportation concurrency backlog authorities;

12         amending s. 212.055, F.S.; deleting a provision

13         prohibiting a school district, county, or

14         municipality from issuing bonds more than once

15         each year pledging the proceeds of certain

16         discretionary taxes; amending s. 215.615, F.S.;

17         revising the Department of Transportation's

18         requirement to share certain costs of

19         fixed-guideway system projects; revising

20         criteria for an interlocal agreement to

21         establish bond financing for fixed-guideway

22         system projects; revising provisions for

23         sources of funds for the payment of bonds;

24         amending s. 311.22, F.S.; revising funding for

25         certain dredging projects; amending s. 336.41,

26         F.S.; increasing the threshold for certain road

27         construction and maintenance by counties which

28         is exempt from a competitive-bid requirement;

29         amending s. 316.605, F.S.; providing height and

30         placement requirements for vehicle license

31         plates; prohibiting display that obscures

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 1         identification of the letters and numbers on a

 2         license plate; providing penalties; amending s.

 3         316.650, F.S.; revising procedures for

 4         disposition of citations issued for failure to

 5         pay toll; providing that the citation will not

 6         be submitted to the court and no points will be

 7         assessed on the driver's license if the person

 8         cited elects to make payment directly to the

 9         governmental entity that issued the citation;

10         providing for reporting of the citation by the

11         governmental entity to the Department of

12         Highway Safety and Motor Vehicles; amending s.

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

14         to be paid under certain procedures for

15         disposition of a citation issued for failure to

16         pay toll; providing for the person cited to

17         request a court hearing; amending s. 318.18,

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

19         prescribed toll; providing for disposition of

20         amounts received by the clerk of court;

21         removing procedures for withholding of

22         adjudication; providing for suspension of a

23         driver's license under certain circumstances;

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

25         interfering with the legibility, angular

26         visibility, or detectability of any feature or

27         detail on a license plate or interfering with

28         the ability to record any feature or detail on

29         a license plate; amending s. 334.351, F.S.;

30         requiring nonprofit youth organizations that

31         contract with the Department of Transportation

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 1         for the purpose of operating youth work

 2         experience programs to certify that the program

 3         participants are residents of the state and

 4         possess valid identification; specifying

 5         criteria for the department to consider in

 6         awarding contracts to such organizations;

 7         requiring that the nonprofit youth

 8         organizations submit certain reports and audits

 9         to the department and demonstrate participation

10         in a peer assessment or review process;

11         amending s. 336.025, F.S.; deleting a

12         prohibition against local governments issuing

13         certain bonds secured by revenues from local

14         option fuel taxes more than once a year;

15         amending s. 338.161, F.S.; providing for the

16         Department of Transportation and certain toll

17         agencies to enter into agreements with public

18         or private entities for additional uses of

19         electronic toll collection products and

20         services; authorizing feasibility studies by

21         the department or a toll agency of additional

22         uses of electronic toll devices for legislative

23         consideration; amending s. 339.08, F.S.;

24         allowing moneys in the State Transportation

25         Trust Fund to be used to pay the cost of the

26         Enhanced Bridge Program for Sustainable

27         Transportation; amending s. 339.175, F.S.;

28         revising intent; providing the method of

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

30         be designated pursuant to federal law;

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

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 1         state or the governing body of a local

 2         government that is represented on the governing

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

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

 5         providing specified powers and privileges to

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

 7         duties of certain officials; revising

 8         requirements for voting membership; defining

 9         the term "elected officials of a

10         general-purpose local government" to exclude

11         certain constitutional officers for voting

12         membership purposes; providing for the

13         appointment of alternates and advisers;

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

15         advisory committee shall serve at the pleasure

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

17         an executive or staff director and other

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

19         contracts with public or private entities to

20         accomplish its duties and functions; providing

21         for the training of certain persons who serve

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

23         that certain plans, programs, and amendments

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

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

26         vote, of a majority of the membership present;

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

28         of matching funds for a public transportation

29         project provided from the Transportation

30         Regional Incentive Program; creating s.

31         339.282, F.S.; providing legislative findings;

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 1         providing that property owners or developers

 2         who voluntarily contribute right-of-way and

 3         physically construct or expand a state

 4         transportation facility or segment may receive

 5         certain credits against any future

 6         transportation concurrency requirements under

 7         certain conditions; creating s. 339.285, F.S.;

 8         creating the Enhanced Bridge Program for

 9         Sustainable Transportation within the

10         Department of Transportation; providing for the

11         use of funds in the program; providing project

12         guidelines for program funding; amending s.

13         343.81, F.S.; prohibiting elected officials

14         from serving on the Northwest Florida

15         Transportation Corridor Authority; providing

16         for application of the prohibition to apply to

17         persons appointed to serve on the authority

18         after a certain date; amending s. 343.82, F.S.;

19         directing the authority to plan for and study

20         the feasibility of constructing, operating, and

21         maintaining a bridge or bridges, and

22         appurtenant structures, spanning Choctawhatchee

23         Bay or Santa Rosa Sound; authorizing the

24         authority to construct, operate, and maintain

25         said bridges and structures; amending s.

26         348.0004, F.S.; authorizing certain

27         transportation-related authorities to enter

28         into agreements with private entities for the

29         building, operation, ownership, or financing of

30         transportation facilities; amending s.

31         348.0012, F.S.; revising provisions for certain

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 1         exemptions from the Florida Expressway

 2         Authority Act; amending s. 348.754, F.S.;

 3         authorizing the Orlando-Orange County

 4         Expressway Authority to waive payment and

 5         performance bonds on certain construction

 6         contracts if the contract is awarded pursuant

 7         to an economic development program for the

 8         encouragement of local small businesses;

 9         providing criteria for participation in the

10         program; providing criteria for the bond

11         waiver; providing for certain determinations by

12         the authority's executive director or a

13         designee as to the suitability of a project;

14         providing for certain payment obligations if a

15         payment and performance bond is waived;

16         requiring the authority to record notice of the

17         obligation; limiting eligibility to bid on the

18         projects; providing for the authority to

19         conduct bond eligibility training for certain

20         businesses; requiring the authority to submit

21         biennial reports to the Orange County

22         legislative delegation; amending ss. 163.3177,

23         339.176, and 341.828, F.S.; correcting

24         cross-references; amending s. 2, ch. 89-383,

25         Laws of Florida; providing for certain

26         alterations to and along Red Road in Miami-Dade

27         County for transportation safety purposes;

28         amending s. 479.01, F.S.; defining the term

29         "wall mural"; creating s. 479.156, F.S.;

30         providing for the regulation of wall murals by

31         municipalities and counties; requiring that

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 1         certain wall murals be located in areas zoned

 2         for industrial or commercial use; requiring

 3         that the local regulation of wall murals be

 4         consistent with specified criteria; requiring

 5         the Department of Transportation to approve a

 6         wall mural under certain conditions; providing

 7         an effective date.

 8  

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

10  

11         Section 1.  Subsection (14) of section 112.061, Florida

12  Statutes, is amended to read:

13         112.061  Per diem and travel expenses of public

14  officers, employees, and authorized persons.--

15         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

16  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND

17  METROPOLITAN PLANNING ORGANIZATIONS.--

18         (a)  The following entities may establish rates that

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

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

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

22  than the statutorily established rates that are in effect for

23  the 2005-2006 fiscal year:

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

25  an ordinance or resolution;

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

27  1(d), Art. VIII of the State Constitution, by the

28  establishment of written policy;

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

30  the adoption of rules; or

31  

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

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

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

 4  resolution; or

 5         5.  Any metropolitan planning organization created

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

 7  administrative entity created pursuant to s. 339.175 of which

 8  a metropolitan planning organization is a member, by the

 9  enactment of a resolution.

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

11  apply uniformly to all travel by the county, county

12  constitutional officer and entity governed by that officer,

13  district school board, or special district, or metropolitan

14  planning organization.

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

16  counties, county constitutional officers and entities governed

17  by those officers, district school boards, and special

18  districts, and metropolitan planning organizations, other than

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

20  requirements of this section.

21         Section 2.  Subsection (11), paragraph (a) of

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

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

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

25         121.021  Definitions.--The following words and phrases

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

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

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

29  salary payments for work performed in a regularly established

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

31  

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

 2  group.

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

 4  county commissioners or other legislative governing body of a

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

 6  metropolitan government; a clerk of the circuit court,

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

 8  elections, provided such officer is elected or has been

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

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

11  governing body of any city, metropolitan planning organization

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

13  administrative entity created pursuant to s. 339.175, or

14  special district of the state which participates in the system

15  for the benefit of certain of its employees.

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

17  follows:

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

19  agency, community college, city, metropolitan planning

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

21  established position which will be in existence for a period

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

23         (62)  "Metropolitan planning organization" means an

24  entity created by an interlocal agreement pursuant to s.

25  339.175 or any other entity created pursuant to s. 339.175.

26         Section 3.  Paragraph (b) of subsection (2) of section

27  121.051, Florida Statutes, is amended to read:

28         121.051  Participation in the system.--

29         (2)  OPTIONAL PARTICIPATION.--

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

31  metropolitan planning organization, or special district in the

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 1  state may elect to participate in the system upon proper

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

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

 4  Services and the administrator. The department shall adopt

 5  rules establishing provisions for the submission of documents

 6  necessary for such application. Prior to being approved for

 7  participation in the Florida Retirement System, the governing

 8  body of any such municipality, metropolitan planning

 9  organization, or special district that has a local retirement

10  system shall submit to the administrator a certified financial

11  statement showing the condition of the local retirement system

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

13  date of membership in the Florida Retirement System. The

14  statement must be certified by a recognized accounting firm

15  that is independent of the local retirement system. All

16  required documents necessary for extending Florida Retirement

17  System coverage must be received by the department for

18  consideration at least 15 days prior to the proposed effective

19  date of coverage. If the municipality, metropolitan planning

20  organization, or special district does not comply with this

21  requirement, the department may require that the effective

22  date of coverage be changed.

23         2.  Any city, metropolitan planning organization, or

24  special district that has an existing retirement system

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

26  under the Florida Retirement System may participate only after

27  holding a referendum in which all employees in the affected

28  units have the right to participate. Only those employees

29  electing coverage under the Florida Retirement System by

30  affirmative vote in said referendum shall be eligible for

31  coverage under this chapter, and those not participating or

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 1  electing not to be covered by the Florida Retirement System

 2  shall remain in their present systems and shall not be

 3  eligible for coverage under this chapter. After the referendum

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

 5  the Florida Retirement System.

 6         3.  The governing body of any city, metropolitan

 7  planning organization, or special district complying with

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

 9  based on past service of officers and employees as described

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

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

12  officers and employees of its covered group.

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

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

15  all present officers and employees electing coverage under

16  this chapter and all future officers and employees shall be

17  compulsory members of the Florida Retirement System.

18         5.  Subject to the conditions set forth in subparagraph

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

20  395 which is governed by the board of a special district as

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

22  public health trust created under s. 154.07, hereinafter

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

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

25  with regard to future employees in accordance with the

26  following procedure:

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

28  adopting a resolution to partially withdraw from the Florida

29  Retirement System and establish an alternative retirement plan

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

31  proposed withdrawal and proposed alternative plan.

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

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

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

 4  hospital district proposing partial withdrawal and must be

 5  published in a newspaper of general circulation in the area

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

 7  publication of such notice shall be submitted to the

 8  Department of Management Services.

 9         c.  The governing body of any hospital district seeking

10  to partially withdraw from the system must, before such

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

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

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

14  retirement plan that the hospital district is to adopt,

15  benefits for new employees comparable to those provided under

16  the Florida Retirement System.

17         d.  Upon meeting all applicable requirements of this

18  subparagraph, and subject to the conditions set forth in

19  subparagraph 6., partial withdrawal from the system and

20  adoption of the alternative retirement plan may be

21  accomplished by resolution duly adopted by the hospital

22  district board. The hospital district board must provide

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

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

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

26  January 1, 1996.

27         6.  Following the adoption of a resolution under

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

29  hospital district who were participants in the Florida

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

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

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

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

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

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

 5  participate in the Florida Retirement System, and the

 6  withdrawing hospital district shall have no obligation to the

 7  system with respect to such employees.

 8         Section 4.  Paragraph (l) is added to subsection (1) of

 9  section 121.055, Florida Statutes, to read:

10         121.055  Senior Management Service Class.--There is

11  hereby established a separate class of membership within the

12  Florida Retirement System to be known as the "Senior

13  Management Service Class," which shall become effective

14  February 1, 1987.

15         (1)

16         (l)  For each metropolitan planning organization that

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

18  participation in the Senior Management Service Class shall be

19  compulsory for the executive director or staff director of

20  that metropolitan planning organization.

21         Section 5.  Paragraphs (a) and (c) of subsection (2) of

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

23         121.061  Funding.--

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

25  fail to make the retirement and social security contributions,

26  both member and employer contributions, required by this

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

28  Department of Revenue or the Department of Financial Services,

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

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

31  city, metropolitan planning organization, special district, or

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 1  consolidated form of government. The amounts so deducted shall

 2  be transferred to the administrator for further distribution

 3  to the trust funds in accordance with this chapter.

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

 5  metropolitan planning organization, special district, or

 6  consolidated form of government participating under this

 7  chapter or the administrator, acting individually or jointly,

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

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

10  retirement or social security member contributions or employer

11  matching payments due the retirement or social security trust

12  funds under the provisions of this chapter.

13         Section 6.  Paragraphs (a), (b), and (e) of subsection

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

15         121.081  Past service; prior service;

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

17  service may be claimed and credited are:

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

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

20  city, metropolitan planning organization, or special district

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

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

23  may elect to provide benefits with respect to past service

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

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

26  established by applying the following formula: The member

27  contribution for both regular and special risk members shall

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

29  service claimed, plus 4-percent employer matching

30  contribution, plus 4 percent interest thereon compounded

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

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

 2  1975, and 6.5 percent interest compounded annually thereafter

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

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

 5  compounded interest shall be added each June 30 thereafter on

 6  any unpaid balance until the cost of such past service

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

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

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

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

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

12  date for each particular year of past service.

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

14  claimed by officers or employees of a city, metropolitan

15  planning organization, or special district that becomes a

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

17  covered group may elect to provide benefits with respect to

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

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

20  established by applying the following formula: The employer

21  shall contribute an amount equal to the contribution rate in

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

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

24  plus 6.5 percent interest thereon, compounded annually,

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

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

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

28  claimed as creditable service by a member of the Florida

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

30  city, metropolitan planning organization, or special district,

31  notwithstanding the status or form of the retirement system,

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

 2  special district and irrespective of whether officers or

 3  employees of that city, metropolitan planning organization, or

 4  special district now or hereafter become a covered group under

 5  the Florida Retirement System. Such member may claim

 6  creditable service and be entitled to the benefits accruing to

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

 8  claimed under this paragraph by paying into the retirement

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

10  providing the additional benefit resulting from such

11  past-service credit, discounted by the applicable actuarial

12  factors to date of retirement.

13         Section 7.  Section 163.3182, Florida Statutes, is

14  created to read:

15         163.3182  Transportation concurrency backlogs.--

16         (1)  DEFINITIONS.--For purposes of this section, the

17  term:

18         (a)  "Transportation construction backlog area" means

19  the geographic area within the unincorporated portion of a

20  county or within the municipal boundary of a municipality

21  designated in a local government comprehensive plan for which

22  a transportation concurrency backlog authority is created

23  pursuant to this section.

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

25  authority" means the governing body of a county or

26  municipality within which an authority is created.

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

28  other legislative body charged with governing the county or

29  municipality within which a transportation concurrency backlog

30  authority is created pursuant to this section.

31  

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 1         (d)  "Transportation concurrency backlog" means an

 2  identified deficiency where the existing extent of traffic

 3  volume exceeds the level of service standard adopted in a

 4  local government comprehensive plan for a transportation

 5  facility.

 6         (e)  "Transportation concurrency backlog plan" means

 7  the plan adopted as part of a local government comprehensive

 8  plan by the governing body of a county or municipality acting

 9  as a transportation concurrency backlog authority.

10         (f)  "Transportation concurrency backlog project" means

11  any designated transportation project identified for

12  construction within the jurisdiction of a transportation

13  construction backlog authority.

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

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

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

17  pursuant to s. 163.31825.

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

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

20  located within a transportation concurrency backlog area.

21         (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

22  AUTHORITIES.--

23         (a)  A county or municipality may create a

24  transportation concurrency backlog authority if it has an

25  identified transportation concurrency backlog.

26         (b)  Acting as the transportation concurrency backlog

27  authority within its jurisdictional boundary, the governing

28  body of a county or municipality shall adopt and implement a

29  plan to eliminate all identified transportation concurrency

30  backlogs within its jurisdiction using funds provided pursuant

31  

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

 2  section.

 3         (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

 4  AUTHORITY.--Each transportation concurrency backlog authority

 5  has the powers necessary or convenient to carry out the

 6  purposes of this section, including the following powers in

 7  addition to others granted in this section:

 8         (a)  To make and execute contracts and other

 9  instruments necessary or convenient to the exercise of its

10  powers under this section.

11         (b)  To undertake and carry out transportation

12  concurrency backlog projects for all transportation facilities

13  that have a concurrency backlog within the authority's

14  jurisdiction. Concurrency backlog projects may include

15  transportation facilities that provide for alternative modes

16  of travel including sidewalks, bikeways, and mass transit

17  which are related to a backlogged transportation facility.

18         (c)  To invest any transportation concurrency backlog

19  funds held in reserve, sinking funds, or any such funds not

20  required for immediate disbursement in property or securities

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

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

23  issued pursuant to this section at the redemption price

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

25  redemption price. All such bonds redeemed or purchased shall

26  be canceled.

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

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

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

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

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

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 1  as is required, to enter into and carry out contracts or

 2  agreements, and to include in any contracts for financial

 3  assistance with the Federal Government for or with respect to

 4  a transportation concurrency backlog project and related

 5  activities such conditions imposed pursuant to federal laws as

 6  the transportation concurrency backlog authority considers

 7  reasonable and appropriate and which are not inconsistent with

 8  the purposes of this section.

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

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

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

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

13  amend such transportation concurrency backlog plans.

14         (f)  To appropriate such funds and make such

15  expenditures as are necessary to carry out the purposes of

16  this section, and to enter into agreements with other public

17  bodies which agreements may extend over any period

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

19         (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--Each

20  transportation concurrency backlog authority shall adopt a

21  transportation concurrency backlog plan as a part of the local

22  government comprehensive plan within 6 months after the

23  creation of the authority. The plan shall:

24         (a)  Identify all transportation facilities that have

25  been designated as deficient and require the expenditure of

26  moneys to upgrade, modify, or mitigate the deficiency.

27         (b)  Include a priority listing of all transportation

28  facilities that have been designated as deficient and do not

29  satisfy concurrency requirements pursuant to s. 163.3180 and

30  the applicable local government comprehensive plan.

31  

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 1         (c)  Establish a schedule for financing and

 2  construction of transportation concurrency backlog projects

 3  which will eliminate transportation concurrency backlogs

 4  within the jurisdiction of the authority within 10 years after

 5  the transportation concurrency backlog plan adoption. The

 6  schedule shall be adopted as part of the local government

 7  comprehensive plan.

 8         (d)  The adoption of the transportation concurrency

 9  backlog plan shall be exempt from the provisions of s.

10  163.3187(1).

11         (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The

12  transportation concurrency backlog authority shall establish a

13  local transportation concurrency backlog trust fund upon

14  creation of the authority. Each local trust fund shall be

15  administered by the transportation concurrency backlog

16  authority within which a transportation concurrency backlog

17  has been identified. Beginning in the first fiscal year after

18  the creation of the authority, each local trust fund shall be

19  funded by the proceeds of an ad valorem tax increment

20  collected within each transportation concurrency backlog area

21  to be determined annually and shall be a minimum of an amount

22  equal to 25 percent of the difference between:

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

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

25  service millage, on taxable real property contained within the

26  jurisdiction of the transportation concurrency backlog

27  authority and within the transportation backlog area; and

28         (b)  The amount of ad valorem taxes that would have

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

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

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

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 1  real property within the transportation concurrency backlog

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

 3  connection with the taxation of such property by each taxing

 4  authority.

 5         (6)  EXEMPTIONS.--

 6         (a)  The following public bodies or taxing authorities

 7  are exempt from the provision of this section:

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

 9  taxable real property in more than one county.

10         2.  A special district for which the sole available

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

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

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

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

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

16  deemed available.

17         3.  A library district.

18         4.  A neighborhood improvement district created under

19  the Safe Neighborhoods Act.

20         5.  A metropolitan transportation authority.

21         6.  A water management district created under s.

22  373.069.

23         (b)  A transportation concurrency exemption authority

24  may also exempt from this section a special district that

25  levies ad valorem taxes within the transportation concurrency

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

27         (7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon

28  adoption of a transportation concurrency backlog plan as a

29  part of the local government comprehensive plan, and the plan

30  going into effect, the area subject to the plan shall be

31  deemed to have achieved and maintained transportation level of

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 1  service standards, and to have met requirements for financial

 2  feasibility for transportation facilities, and for the purpose

 3  of proposed development transportation concurrency has been

 4  satisfied. Proportionate fair share mitigation shall be

 5  limited to ensure that a development inside a transportation

 6  concurrency backlog area is not responsible for the additional

 7  costs of eliminating backlogs.

 8         (8)  DISSOLUTION.--Upon completion of all

 9  transportation concurrency backlog projects, a transportation

10  concurrency backlog authority shall be dissolved and its

11  assets and liabilities shall be transferred to the county or

12  municipality within which the authority is located. All

13  remaining assets of the authority must be used for

14  implementation of transportation projects within the

15  jurisdiction of the authority. The local government

16  comprehensive plan shall be amended to remove the

17  transportation concurrency backlog plan.

18         Section 8.  Paragraph (e) of subsection (2) of section

19  212.055, Florida Statutes, is amended to read:

20         212.055  Discretionary sales surtaxes; legislative

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

22  legislative intent that any authorization for imposition of a

23  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

30  be expended; and such other requirements as the Legislature

31  

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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 9.  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 10.  Subsection (1) of section 311.22, Florida

12  Statutes, is amended to read:

13         311.22  Additional authorization for funding certain

14  dredging projects.--

15         (1)  The Florida Seaport Transportation and Economic

16  Development Council shall establish a program to fund dredging

17  projects in counties having a population of fewer than 300,000

18  according to the last official census. Funds made available

19  under this program may be used to fund approved projects for

20  the dredging or deepening of channels, turning basins, or

21  harbors on a 25-percent local 50-50 matching basis with any

22  port authority, as such term is defined in s. 315.02(2), which

23  complies with the permitting requirements in part IV of

24  chapter 373 and the local financial management and reporting

25  provisions of part III of chapter 218.

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

27  Statutes, is amended to read:

28         336.41  Counties; employing labor and providing road

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

30         (3)  All construction and reconstruction of roads and

31  bridges, including resurfacing, full scale mineral seal

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

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

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

 4  contract to the lowest responsible bidder by competitive bid,

 5  except for:

 6         (a)  Construction and maintenance in emergency

 7  situations;, and

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

 9  reconstruction, including resurfacing, mineral seal coating,

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

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

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

13  greater; and,

14         (c)  Construction of sidewalks, curbing, accessibility

15  ramps, or appurtenances incidental to roads and bridges where

16  each project is estimated in accordance with generally

17  accepted cost-accounting principles to have total construction

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

19  percentage change in the Construction Cost Index from January

20  1, 2008,

21  

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

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

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

25  construct the project, notwithstanding the limitation of this

26  subsection. Nothing in this section shall prevent the county

27  from performing routine maintenance as authorized by law.

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

29  Statutes, is amended to read:

30         316.605  Licensing of vehicles.--

31  

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

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

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

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

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

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

 7  for front-end registration license plates on truck tractors

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

 9  described former military vehicles, display the license plate

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

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

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

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

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

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

16  fastened in such manner as to prevent the plates from

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

18  other identification marks upon the plates regarding the word

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

20  designation shall be clear and distinct and free from

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

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

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

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

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

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

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

28  letters and numbers and their proper sequence are not readily

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

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

31  regulation of a governmental agency. No license plates other

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

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

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

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

 5  a foreign country, substantially complying with the provisions

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

 7  violation of this subsection is a noncriminal traffic

 8  infraction, punishable as a nonmoving violation as provided in

 9  chapter 318.

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

11  316.650, Florida Statutes, is amended to read:

12         316.650  Traffic citations.--

13         (3)

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

15  316.1001, a traffic enforcement officer may deposit the

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

17  of a traffic enforcement agency that has an automated citation

18  system, may provide an electronic facsimile with a court

19  having jurisdiction over the alleged offense or with its

20  traffic violations bureau within 45 days after the date of

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

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

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

24  entity owning the applicable toll facility plus the amount of

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

26  to the governmental entity that issued the citation or on

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

28  318.14(12), the traffic citation will not be submitted to the

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

30  the governmental entity that issued the citation or on whose

31  

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

 2  against the person's driver's license.

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

 4  Statutes, is amended to read:

 5         318.14  Noncriminal traffic infractions; exception;

 6  procedures.--

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

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

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

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

11  traffic citation directly to the governmental entity that

12  issued the citation or on whose behalf the citation was

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

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

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

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

17  the governmental entity that issued the citation or on whose

18  behalf the citation was issued as described in this subsection

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

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

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

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

23  accordance with subsection (4).

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

25  Statutes, is amended to read:

26         318.18  Amount of civil penalties.--The penalties

27  required for a noncriminal disposition pursuant to s. 318.14

28  are as follows:

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

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

31  unpaid toll amount shown on the traffic citation for each

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

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

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

 4  issued the citation or on whose behalf the citation was

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

 6  for a scheduled evidentiary hearing, there shall be a

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

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

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

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

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

12  governmental entity that issued the citation or on whose

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

14  authority to consolidate issued citations for the same

15  defendant for the purpose of sentencing and aggregate

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

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

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

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

20  which case adjudication is withheld, and no points are

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

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

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

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

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

26  the operation or maintenance of a toll facility.

27         Section 16.  Section 320.061, Florida Statutes, is

28  amended to read:

29         320.061  Unlawful to alter motor vehicle registration

30  certificates, license plates, mobile home stickers, or

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

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 1  person shall alter the original appearance of any registration

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

 3  vehicle registration certificate issued for and assigned to

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

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

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

 7  reflective matter, illuminated device, spray, coating,

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

 9  that interferes with the legibility, angular visibility, or

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

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

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

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

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

15  775.083.

16         Section 17.  Section 334.351, Florida Statutes, is

17  amended to read:

18         334.351  Youth work experience program; findings and

19  intent; authority to contract; limitation.--

20         (1)  The Legislature finds and declares that young men

21  and women of the state should be given an opportunity to

22  obtain public service work and training experience that

23  protects and conserves the valuable resources of the state and

24  promotes participation in other community enhancement

25  projects. Notwithstanding the requirements of chapters 287 and

26  337, the Department of Transportation is authorized to

27  contract with public agencies and nonprofit organizations for

28  the performance of work related to the construction and

29  maintenance of transportation-related facilities by youths

30  enrolled in youth work experience programs. The total amount

31  of contracts entered into by the department under this section

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 1  in any fiscal year may not exceed the amount specifically

 2  appropriated by the Legislature for this program.

 3         (2)  Each nonprofit youth organization that provides

 4  services under a contract with the department must certify

 5  that each young person enrolled in its work experience program

 6  is a resident of this state and possesses a valid Florida

 7  driver's license or identification card.

 8         (3)  When selecting a nonprofit youth organization to

 9  perform work on transportation-related facilities and before

10  awarding a contract under this section, the department must

11  consider the following criteria:

12         (a)  The number of participants receiving

13  life-management skills training;

14         (b)  The number of participants receiving high school

15  diplomas or GEDs;

16         (c)  The number of participants receiving scholarships;

17         (d)  The number of participants receiving bonuses;

18         (e)  The number of participants who have secured

19  full-time jobs; and

20         (f)  The other programs or services that support the

21  development of disadvantaged youths.

22         (4)  Each nonprofit youth organization under contract

23  with the department must:

24         (a)  Submit an annual report to the department by

25  January 1 of each year. The report must include, but need not

26  be limited to, the applicable performance of the organization

27  when measured by the criteria in subsection (3) for the

28  organization's most recently completed fiscal year.

29         (b)  Submit an independent audit of the organization's

30  financial records to the department each year. The

31  organization's contract with the department must allow the

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 1  department the right to inspect the organization's financial

 2  and program records.

 3         (c)  Demonstrate participation in a peer assessment or

 4  review process, such as the Excellence in Corps Operations of

 5  the National Association of Service and Conservation Corps.

 6         Section 18.  Paragraph (c) of subsection (1) of section

 7  336.025, Florida Statutes, is amended to read:

 8         336.025  County transportation system; levy of local

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

10         (1)

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

12  Division of Bond Finance of the State Board of Administration

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

14  provisions of this section and may pledge the revenues from

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

16  no case may a jurisdiction issue bonds pursuant to this

17  section more frequently than once per year. Counties and

18  municipalities may join together for the issuance of bonds

19  issued pursuant to this section.

20         Section 19.  Section 338.161, Florida Statutes, is

21  amended to read:

22         338.161  Authority of department or toll agencies to

23  advertise and promote electronic toll collection; expanded

24  uses of electronic toll collection system; studies

25  authorized.--

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

27  paid advertising, marketing, and promotion of toll facilities

28  and electronic toll collection products and services.

29  Promotions may include discounts and free products.

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

31  advertising placed on electronic toll collection products and

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 1  promotional materials to defray the costs of products and

 2  services.

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

 4  statute may incur expenses to advertise or promote its

 5  electronic toll collection system to consumers on or off the

 6  turnpike or toll system.

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

 8  statute finds that it can increase nontoll revenues or add

 9  convenience or other value for its customers, the department

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

11  public entity allowing the use of its electronic toll

12  collection system to pay parking fees for vehicles equipped

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

14  agency may initiate feasibility studies of additional future

15  uses of its electronic toll collection system and make

16  recommendations to the Legislature to authorize such uses.

17         Section 20.  Paragraph (j) of subsection (1) of section

18  339.08, Florida Statutes, is amended to read:

19         339.08  Use of moneys in State Transportation Trust

20  Fund.--

21         (1)  The department shall expend moneys in the State

22  Transportation Trust Fund accruing to the department, in

23  accordance with its annual budget. The use of such moneys

24  shall be restricted to the following purposes:

25         (j)  To pay the cost of county or municipal road

26  projects selected in accordance with the County Incentive

27  Grant Program created in s. 339.2817, and the Small County

28  Outreach Program created in s. 339.2818, and the Enhanced

29  Bridge Program for Sustainable Transportation created in s.

30  339.285.

31  

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 1         Section 21.  Section 339.175, Florida Statutes, is

 2  amended to read:

 3         339.175  Metropolitan planning organization.--

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

 5  encourage and promote the safe and efficient management,

 6  operation, and development of surface transportation systems

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

 8  foster economic growth and development within and through

 9  urbanized areas of this state while minimizing

10  transportation-related fuel consumption and air pollution

11  through metropolitan transportation planning processes

12  identified in this section. To accomplish these objectives,

13  metropolitan planning organizations, referred to in this

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

15  state and public transit operators, transportation plans and

16  programs for metropolitan areas. The plans and programs for

17  each metropolitan area must provide for the development and

18  integrated management and operation of transportation systems

19  and facilities, including pedestrian walkways and bicycle

20  transportation facilities that will function as an intermodal

21  transportation system for the metropolitan area, based upon

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

23  process for developing such plans and programs shall provide

24  for consideration of all modes of transportation and shall be

25  continuing, cooperative, and comprehensive, to the degree

26  appropriate, based on the complexity of the transportation

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

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

29  develop plans and programs that identify transportation

30  facilities that should function as an integrated metropolitan

31  transportation system, giving emphasis to facilities that

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 1  serve important national, state, and regional transportation

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

 3  include the facilities on the Strategic Intermodal System

 4  designated under s. 339.63 and facilities for which projects

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

 6         (2)(1)  DESIGNATION.--

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

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

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

10  designation shall be accomplished by agreement between the

11  Governor and units of general-purpose local government

12  representing at least 75 percent of the population of the

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

14  government that represents the central city or cities within

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

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

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

18  existing metropolitan planning area only if the Governor and

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

20  the existing metropolitan planning area makes the designation

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

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

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

24  provisions of this section pursuant to an interlocal agreement

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

26  interlocal agreement shall be the department and the

27  governmental entities designated by the Governor for

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

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

30  government that is represented on the governing board of the

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

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

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

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

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

 5  be determined by agreement between the Governor and the

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

 7  metropolitan planning area, which is the existing urbanized

 8  area and the contiguous area expected to become urbanized

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

10  metropolitan statistical area or the consolidated metropolitan

11  statistical area.

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

13  nonattainment area for ozone or carbon monoxide under the

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

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

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

17  boundaries may be adjusted by agreement of the Governor and

18  affected metropolitan planning organizations in the manner

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

20  authority within a metropolitan area or an area that is

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

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

23  state in the coordination of plans and programs required by

24  this section.

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

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

27  and vice chair shall be selected from among the member

28  delegates comprising the governing board. The agency clerk

29  shall be charged with the responsibility of preparing meeting

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

31  

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

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

 3  

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

 5  operative no later than 6 months following its designation.

 6         (3)(2)  VOTING MEMBERSHIP.--

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

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

 9  exact number to be determined on an equitable

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

11  agreement among the affected units of general-purpose local

12  government as required by federal rules and regulations. The

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

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

15  alternate with representatives from other municipalities

16  within the metropolitan planning area that do not have members

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

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

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

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

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

22  in which case county commission members may compose less than

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

24  commissioners must be members. All voting members shall be

25  elected officials of general-purpose local governments, except

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

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

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

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

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

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

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 1  constitutional officers, including sheriffs, tax collectors,

 2  supervisors of elections, property appraisers, clerks of the

 3  court, and similar types of officials. County commissioners

 4  The county commission shall compose not less than 20 percent

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

 6  operates or administers a major mode of transportation has

 7  been appointed to an M.P.O.

 8         (b)  In metropolitan areas in which authorities or

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

10  transportation functions and are performing transportation

11  functions that are not under the jurisdiction of a

12  general-purpose general purpose local government represented

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

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

15  or agencies are to be represented by elected officials from

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

17  shall establish a process by which the collective interests of

18  such authorities or other agencies are expressed and conveyed.

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

20  contrary notwithstanding, a chartered county with over 1

21  million population may elect to reapportion the membership of

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

23  charter county may exercise the provisions of this paragraph

24  if:

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

26  three-fourths vote of its membership;

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

28  the reapportionment plan is needed to fulfill specific goals

29  and policies applicable to that metropolitan planning area;

30  and

31  

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 1         3.  The charter county determines the reapportionment

 2  plan otherwise complies with all federal requirements

 3  pertaining to M.P.O. membership.

 4  

 5  Any charter county that elects to exercise the provisions of

 6  this paragraph shall notify the Governor in writing.

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

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

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

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

11  jurisdiction is wholly contained within the county. Any

12  charter county that elects to exercise the provisions of this

13  paragraph shall so notify the Governor in writing. Upon

14  receipt of such notification, the Governor must designate the

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

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

17  an elected official representing a municipality within the

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

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

20  office and who resides in the unincorporated portion of the

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

22         (4)(3)  APPORTIONMENT.--

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

24  affected units of general-purpose local government as required

25  by federal rules and regulations, apportion the membership on

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

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

28  units of general-purpose local government comprising an

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

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

31  cooperatively agree upon and prescribe who may serve as an

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 1  alternate member and shall prescribe a method for appointing

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

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

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

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

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

 7  alternate member must be an elected official serving the same

 8  governmental entity or a general-purpose local government with

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

10  member serves.  The governmental entity so designated shall

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

12  eligible officials. Representatives of the department shall

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

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

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

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

17  various multimodal forms of transportation not otherwise

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

19  appoint nonvoting advisers representing major military

20  installations located within the jurisdictional boundaries of

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

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

23  nonvoting advisers may attend and participate fully in

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

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

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

27  with the decennial census as prepared by the United States

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

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

30         (b)  Except for members who represent municipalities on

31  the basis of alternating with representatives from other

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

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

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

 4  on the basis of alternating with representatives from other

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

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

 7  years as further provided in the interlocal agreement

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

 9  member who is a public official automatically terminates upon

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

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

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

13  city governing entity represented by the member. A vacancy

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

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

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

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

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

19  made by the Governor from the eligible representatives of that

20  governmental entity.

21         (5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority

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

23  cooperative, and comprehensive transportation planning process

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

25  334.046(1), results in the development of plans and programs

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

27  approved local government comprehensive plans of the units of

28  local government the boundaries of which are within the

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

30  for cooperative decisionmaking by officials of the affected

31  governmental entities in the development of the plans and

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

 2  (9).

 3         (6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The

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

 5  specified in this section or incorporated in an interlocal

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

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

 8  now and subsequently applicable, which are necessary to

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

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

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

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

13  intermodal facilities, to the extent permitted by state or

14  federal law.

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

16  department, develop:

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

18  requirements of subsection (7) (6);

19         2.  An annually updated transportation improvement

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

21  and

22         3.  An annual unified planning work program pursuant to

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

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

25  and the transportation improvement program required under

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

27  projects and strategies that will:

28         1.  Support the economic vitality of the metropolitan

29  area, especially by enabling global competitiveness,

30  productivity, and efficiency;

31  

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 1         2.  Increase the safety and security of the

 2  transportation system for motorized and nonmotorized users;

 3         3.  Increase the accessibility and mobility options

 4  available to people and for freight;

 5         4.  Protect and enhance the environment, promote energy

 6  conservation, and improve quality of life;

 7         5.  Enhance the integration and connectivity of the

 8  transportation system, across and between modes, for people

 9  and freight;

10         6.  Promote efficient system management and operation;

11  and

12         7.  Emphasize the preservation of the existing

13  transportation system.

14         (c)  In order to provide recommendations to the

15  department and local governmental entities regarding

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

17         1.  Prepare a congestion management system for the

18  metropolitan area and cooperate with the department in the

19  development of all other transportation management systems

20  required by state or federal law;

21         2.  Assist the department in mapping transportation

22  planning boundaries required by state or federal law;

23         3.  Assist the department in performing its duties

24  relating to access management, functional classification of

25  roads, and data collection;

26         4.  Execute all agreements or certifications necessary

27  to comply with applicable state or federal law;

28         5.  Represent all the jurisdictional areas within the

29  metropolitan area in the formulation of transportation plans

30  and programs required by this section; and

31  

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 1         6.  Perform all other duties required by state or

 2  federal law.

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

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

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

 6  must include, whenever possible, that includes planners;

 7  engineers; representatives of local aviation authorities, port

 8  authorities, and public transit authorities or representatives

 9  of aviation departments, seaport departments, and public

10  transit departments of municipal or county governments, as

11  applicable; the school superintendent of each county within

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

13  designee; and other appropriate representatives of affected

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

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

16  advisory committee is responsible for considering safe access

17  to schools in its review of transportation project priorities,

18  long-range transportation plans, and transportation

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

20  matters. In addition, the technical advisory committee shall

21  coordinate its actions with local school boards and other

22  local programs and organizations within the metropolitan area

23  which participate in school safety activities, such as locally

24  established community traffic safety teams. Local school

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

26  concerning future school sites and in the coordination of

27  transportation service.

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

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

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

31  reflect a broad cross section of local residents with an

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

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

 3  and the handicapped must be adequately represented.

 4         2.  Notwithstanding the provisions of subparagraph 1.,

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

 6  applicable federal governmental agency, adopt an alternative

 7  program or mechanism to ensure citizen involvement in the

 8  transportation planning process.

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

10  the purpose of accomplishing its transportation planning and

11  programming duties, an appropriate amount of federal

12  transportation planning funds.

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

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

15  for all matters regarding the administration and operation of

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

17  The executive director and any additional personnel may be

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

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

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

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

22  contracts with local or state agencies, private planning

23  firms, or private engineering firms, or other public or

24  private entities to accomplish its transportation planning and

25  programming duties and administrative functions required by

26  state or federal law.

27         (h)  In order to enhance their knowledge,

28  effectiveness, and participation in the urbanized area

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

30  training opportunities and training funds specifically for

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

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 1  training opportunities may be conducted by an individual

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

 3  initiatives that are specifically designed to meet the needs

 4  of M.P.O. board members.

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

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

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

 8  committee must, at a minimum:

 9         1.  Coordinate transportation projects deemed to be

10  regionally significant by the committee.

11         2.  Review the impact of regionally significant land

12  use decisions on the region.

13         3.  Review all proposed regionally significant

14  transportation projects in the respective transportation

15  improvement programs which affect more than one of the

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

17         4.  Institute a conflict resolution process to address

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

19  such regionally significant projects.

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

21  growth in recent decades has caused many urbanized areas

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

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

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

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

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

27  coordination mechanisms with one another to expand and improve

28  transportation within the state. The appropriate method of

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

30  project involved and given local and regional needs.

31  Consequently, it is appropriate to set forth a flexible

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

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

 3  circumstances demand.

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

 5  individual political subdivision to coordinate activities or

 6  to achieve any federal or state transportation planning or

 7  development goals or purposes consistent with federal or state

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

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

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

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

12  a minimum, creates a separate legal or administrative entity

13  to coordinate the transportation planning or development

14  activities required to achieve the goal or purpose; provides

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

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

17  specifies specify how the agreement may be terminated,

18  modified, or rescinded; describes describe the precise

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

20  the governing board, whether alternative voting members are

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

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

23  political subdivision; provides provide the manner in which

24  the parties to the agreement will provide for the financial

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

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

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

28  members of the entity will resolve disagreements regarding

29  interpretation of the interlocal agreement or disputes

30  relating to the operation of the entity. Such interlocal

31  agreement shall become effective upon its recordation in the

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

 2  the entity created by the interlocal agreement has a voting

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

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

 5         (7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O.

 6  must develop a long-range transportation plan that addresses

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

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

 9  with all other state and federal requirements. The prevailing

10  principles to be considered in the long-range transportation

11  plan are: preserving the existing transportation

12  infrastructure; enhancing Florida's economic competitiveness;

13  and improving travel choices to ensure mobility. The

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

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

16  goals, objectives, and policies of the approved local

17  government comprehensive plans of the units of local

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

19  approved long-range transportation plan must be considered by

20  local governments in the development of the transportation

21  elements in local government comprehensive plans and any

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

23  at a minimum:

24         (a)  Identify transportation facilities, including, but

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

26  spaceports, commuter rail systems, transit systems, and

27  intermodal or multimodal terminals that will function as an

28  integrated metropolitan transportation system. The long-range

29  transportation plan must give emphasis to those transportation

30  facilities that serve national, statewide, or regional

31  functions, and must consider the goals and objectives

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 1  identified in the Florida Transportation Plan as provided in

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

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

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

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

 6  plan can be implemented, indicating resources from public and

 7  private sources which are reasonably expected to be available

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

 9  strategies for needed projects and programs. The financial

10  plan may include, for illustrative purposes, additional

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

12  transportation plan if reasonable additional resources beyond

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

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

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

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

17  implementation. Innovative financing techniques may be used to

18  fund needed projects and programs. Such techniques may include

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

20  or the use of value pricing.

21         (c)  Assess capital investment and other measures

22  necessary to:

23         1.  Ensure the preservation of the existing

24  metropolitan transportation system including requirements for

25  the operation, resurfacing, restoration, and rehabilitation of

26  major roadways and requirements for the operation,

27  maintenance, modernization, and rehabilitation of public

28  transportation facilities; and

29         2.  Make the most efficient use of existing

30  transportation facilities to relieve vehicular congestion and

31  maximize the mobility of people and goods.

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 1         (d)  Indicate, as appropriate, proposed transportation

 2  enhancement activities, including, but not limited to,

 3  pedestrian and bicycle facilities, scenic easements,

 4  landscaping, historic preservation, mitigation of water

 5  pollution due to highway runoff, and control of outdoor

 6  advertising.

 7         (e)  In addition to the requirements of paragraphs

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

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

10  must coordinate the development of the long-range

11  transportation plan with the State Implementation Plan

12  developed pursuant to the requirements of the federal Clean

13  Air Act.

14  

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

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

17  representatives of transportation agency employees, freight

18  shippers, providers of freight transportation services,

19  private providers of transportation, representatives of users

20  of public transit, and other interested parties with a

21  reasonable opportunity to comment on the long-range

22  transportation plan. The long-range transportation plan must

23  be approved by the M.P.O.

24         (8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each

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

26  public transportation operators, develop a transportation

27  improvement program for the area within the jurisdiction of

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

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

30  affected public agencies, representatives of transportation

31  agency employees, freight shippers, providers of freight

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 1  transportation services, private providers of transportation,

 2  representatives of users of public transit, and other

 3  interested parties with a reasonable opportunity to comment on

 4  the proposed transportation improvement program.

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

 6  annually, a list of project priorities and a transportation

 7  improvement program. The prevailing principles to be

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

 9  priorities and a transportation improvement program are:

10  preserving the existing transportation infrastructure;

11  enhancing Florida's economic competitiveness; and improving

12  travel choices to ensure mobility. The transportation

13  improvement program will be used to initiate federally aided

14  transportation facilities and improvements as well as other

15  transportation facilities and improvements including transit,

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

17  from the State Transportation Trust Fund within its

18  metropolitan area in accordance with existing and subsequent

19  federal and state laws and rules and regulations related

20  thereto. The transportation improvement program shall be

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

22  local government comprehensive plans of the units of local

23  government whose boundaries are within the metropolitan area

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

25  to s. 339.2819(4).

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

27  project priorities and shall submit the list to the

28  appropriate district of the department by October 1 of each

29  year; however, the department and a metropolitan planning

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

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

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 1  by the technical and citizens' advisory committees, and

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

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

 4  by the district in developing the district work program and

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

 6  improvement program. The annual list of project priorities

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

 8  minimum, consider the following:

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

10         2.  The Strategic Intermodal System Plan developed

11  under s. 339.64.

12         3.  The priorities developed pursuant to s.

13  339.2819(4).

14         4.  The results of the transportation management

15  systems; and

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

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

18  minimum:

19         1.  Include projects and project phases to be funded

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

21  transportation improvement program and which are recommended

22  for advancement during the next fiscal year and 4 subsequent

23  fiscal years. Such projects and project phases must be

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

25  local government comprehensive plans of the units of local

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

27  informational purposes, the transportation improvement program

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

29  or private revenues.

30         2.  Include projects within the metropolitan area which

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

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

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

 3         3.  Provide a financial plan that demonstrates how the

 4  transportation improvement program can be implemented;

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

 6  reasonably expected to be available to accomplish the program;

 7  identifies any innovative financing techniques that may be

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

 9  for illustrative purposes, additional projects that would be

10  included in the approved transportation improvement program if

11  reasonable additional resources beyond those identified in the

12  financial plan were available. Innovative financing techniques

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

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

15  improvement program may include a project or project phase

16  only if full funding can reasonably be anticipated to be

17  available for the project or project phase within the time

18  period contemplated for completion of the project or project

19  phase.

20         4.  Group projects and project phases of similar

21  urgency and anticipated staging into appropriate staging

22  periods.

23         5.  Indicate how the transportation improvement program

24  relates to the long-range transportation plan developed under

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

26  projects or project phases that further the goals and policies

27  of the long-range transportation plan.

28         6.  Indicate whether any project or project phase is

29  inconsistent with an approved comprehensive plan of a unit of

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

31  If a project is inconsistent with an affected comprehensive

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

 2  project in the transportation improvement program.

 3         7.  Indicate how the improvements are consistent, to

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

 5  and spaceport master plans and with public transit development

 6  plans of the units of local government located within the

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

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

 9  coordinate plans regarding the project in the transportation

10  improvement program.

11         (d)  Projects included in the transportation

12  improvement program and that have advanced to the design stage

13  of preliminary engineering may be removed from or rescheduled

14  in a subsequent transportation improvement program only by the

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

16  recommended in writing by the district secretary for good

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

18  transportation improvement program shall not be rescheduled by

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

20  year of such program.

21         (e)  During the development of the transportation

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

23  department and any affected public transit operation, provide

24  citizens, affected public agencies, representatives of

25  transportation agency employees, freight shippers, providers

26  of freight transportation services, private providers of

27  transportation, representatives of users of public transit,

28  and other interested parties with reasonable notice of and an

29  opportunity to comment on the proposed program.

30         (f)  The adopted annual transportation improvement

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

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 1  must be submitted to the district secretary and the Department

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

 3  the state transportation improvement program by the department

 4  to the appropriate federal agencies. The annual transportation

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

 6  submitted to the district secretary and the Department of

 7  Community Affairs at least 45 days before the department

 8  submits the state transportation improvement program to the

 9  appropriate federal agencies; however, the department, the

10  Department of Community Affairs, and a metropolitan planning

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

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

13  approve each transportation improvement program and any

14  amendments thereto.

15         (g)  The Department of Community Affairs shall review

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

17  for consistency with the approved local government

18  comprehensive plans of the units of local government whose

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

20  shall identify those projects that are inconsistent with such

21  comprehensive plans. The Department of Community Affairs shall

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

23  its transportation improvement program which are inconsistent

24  with the approved local government comprehensive plans of the

25  units of local government whose boundaries are within the

26  metropolitan area of the M.P.O.

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

28  make available for public review the annual listing of

29  projects for which federal funds have been obligated in the

30  preceding year. Project monitoring systems must be maintained

31  

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 1  by those agencies responsible for obligating federal funds and

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

 3         (9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O.

 4  shall develop, in cooperation with the department and public

 5  transportation providers, a unified planning work program that

 6  lists all planning tasks to be undertaken during the program

 7  year. The unified planning work program must provide a

 8  complete description of each planning task and an estimated

 9  budget therefor and must comply with applicable state and

10  federal law.

11         (10)(9)  AGREEMENTS.--

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

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

14  every 5 years:

15         1.  An agreement with the department clearly

16  establishing the cooperative relationship essential to

17  accomplish the transportation planning requirements of state

18  and federal law.

19         2.  An agreement with the metropolitan and regional

20  intergovernmental coordination and review agencies serving the

21  metropolitan areas, specifying the means by which activities

22  will be coordinated and how transportation planning and

23  programming will be part of the comprehensive planned

24  development of the area.

25         3.  An agreement with operators of public

26  transportation systems, including transit systems, commuter

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

28  the means by which activities will be coordinated and

29  specifying how public transit, commuter rail, aviation,

30  seaport, and aerospace planning and programming will be part

31  

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 1  of the comprehensive planned development of the metropolitan

 2  area.

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

 4  state or federal law or as necessary to properly accomplish

 5  its functions.

 6         (11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

 7  COUNCIL.--

 8         (a)  A Metropolitan Planning Organization Advisory

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

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

11  planning process described in this section.

12         (b)  The council shall consist of one representative

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

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

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

16  representative. Members of the council do not receive any

17  compensation for their services, but may be reimbursed from

18  funds made available to council members for travel and per

19  diem expenses incurred in the performance of their council

20  duties as provided in s. 112.061.

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

22  Organization Advisory Council are to:

23         1.  Enter into contracts with individuals, private

24  corporations, and public agencies.

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

26  personal property essential for the conduct of business.

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

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

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

30  120.536(1) and 120.54 to implement provisions of law

31  conferring powers or duties upon it.

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

 2  transportation planning process by serving as the principal

 3  forum for collective policy discussion pursuant to law.

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

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

 6  issues required to comply with federal or state law in

 7  carrying out the urbanized area transportation and systematic

 8  planning processes instituted pursuant to s. 339.155.

 9         7.  Employ an executive director and such other staff

10  as necessary to perform adequately the functions of the

11  council, within budgetary limitations. The executive director

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

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

14  assigned to the Office of the Secretary of the Department of

15  Transportation for fiscal and accountability purposes, but it

16  shall otherwise function independently of the control and

17  direction of the department.

18         8.  Adopt an agency strategic plan that provides the

19  priority directions the agency will take to carry out its

20  mission within the context of the state comprehensive plan and

21  any other statutory mandates and directions given to the

22  agency.

23         (12)(11)  APPLICATION OF FEDERAL LAW.--Upon

24  notification by an agency of the Federal Government that any

25  provision of this section conflicts with federal laws or

26  regulations, such federal laws or regulations will take

27  precedence to the extent of the conflict until such conflict

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

29  necessary action to comply with such federal laws and

30  regulations or to continue to remain eligible to receive

31  federal funds.

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 1         (13)(12)  VOTING REQUIREMENTS.--Each long-range

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

 3  each annually updated Transportation Improvement Program

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

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

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

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

 8  membership present.

 9         Section 22.  Subsection (2) of section 339.2819,

10  Florida Statutes, is amended to read:

11         339.2819  Transportation Regional Incentive Program.--

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

13  Transportation Regional Incentive Program shall be 50 percent

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

15  of the eligible project cost for a public transportation

16  facility project.

17         Section 23.  Section 339.282, Florida Statutes, is

18  created to read:

19         339.282  Transportation concurrency incentives.--The

20  Legislature finds that allowing private-sector entities to

21  finance, construct, and improve public transportation

22  facilities can provide significant benefits to the citizens of

23  this state by facilitating transportation of the general

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

25  order to encourage the more efficient and proactive provision

26  of transportation improvements by the private sector, if a

27  developer or property owner voluntarily contributes

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

29  transportation facility or segment, and such construction or

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

31  voluntary contribution may be applied as a credit for that

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 1  property owner or developer against any future transportation

 2  concurrency requirements pursuant to chapter 163, provided

 3  such contributions and credits are set forth in a legally

 4  binding agreement executed by the property owner or developer,

 5  the local government of the jurisdiction in which the facility

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

 7  owner voluntarily contributes right-of-way and physically

 8  constructs or expands a local government facility or segment

 9  and such construction or expansion meets the requirements in

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

11  between the property owner or developer and the applicable

12  local government, the contribution to the local government

13  collector and the arterial system may be applied as credit

14  against any future transportation concurrency requirements

15  within the jurisdiction under chapter 163.

16         Section 24.  Section 339.285, Florida Statutes, is

17  created to read:

18         339.285  Enhanced Bridge Program for Sustainable

19  Transportation.--

20         (1)  There is created within the Department of

21  Transportation the Enhanced Bridge Program for Sustainable

22  Transportation for the purpose of providing funds to improve

23  the sufficiency rating of local bridges and to improve

24  congested roads on the State Highway System or local corridors

25  on which high-cost bridges are located in order to improve a

26  corridor or provide an alternative corridor.

27         (2)  Matching funds provided from the program may fund

28  up to 50 percent of project costs.

29         (3)  The department shall allocate a minimum of 25

30  percent of funding available for the program for local bridge

31  projects to replace, rehabilitate, paint, or install scour

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 1  countermeasures to highway bridges located on public roads,

 2  other than those on the State Highway System. A project to be

 3  funded must, at a minimum:

 4         (a)  Be classified as a structurally deficient bridge

 5  having a poor condition rating for the deck, superstructure,

 6  substructure component, or culvert;

 7         (b)  Have a sufficiency rating of 35 or below; and

 8         (c)  Have average daily traffic of at least 500

 9  vehicles.

10         (4)  Special consideration shall be given to bridges

11  that are closed to all traffic or that have a load restriction

12  of less than 10 tons.

13         (5)  The department shall allocate remaining funding

14  available for the program to improve highly congested roads on

15  the State Highway System or local corridors on which high-cost

16  bridges are located in order to improve the corridor or

17  provide an alternative corridor. A project to be funded must,

18  at a minimum:

19         (a)  Be on or provide direct relief to an existing

20  corridor that is backlogged or constrained; and

21         (b)  Be a major bridge having an estimated cost greater

22  than $25 million.

23         (6)  Preference shall be given to bridge projects

24  located on corridors that connect to the Strategic Intermodal

25  System, created under s. 339.64, and that have been identified

26  as regionally significant in accordance with s. 339.155(5)(c),

27  (d), and (e).

28         Section 25.  Paragraph (a) of subsection (2) of section

29  343.81, Florida Statutes, is amended to read:

30         343.81  Northwest Florida Transportation Corridor

31  Authority.--

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

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

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

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

 5  appointees shall be residents of their respective counties and

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

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

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

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

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

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

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

13  eligible for reappointment. Members of the authority may be

14  removed from office by the Governor for misconduct,

15  malfeasance, misfeasance, or nonfeasance in office.

16         Section 26.  The amendments made by this act to s.

17  343.81, Florida Statutes, prohibiting the appointment of a

18  person holding an elected office to the Northwest Florida

19  Transportation Corridor Authority shall not prohibit any

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

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

22  only apply to members appointed after the effective date of

23  this act and shall not preclude the reappointment of any

24  existing member.

25         Section 27.  Subsection (2) of section 343.82, Florida

26  Statutes, is amended to read:

27         343.82  Purposes and powers.--

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

29  feeder roads, reliever roads, connector roads, bypasses, or

30  appurtenant facilities that are intended to improve mobility

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

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 1  projects may also include all necessary approaches, roads,

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

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

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

 5  respective county or municipal governing boards. Any

 6  transportation facilities constructed by the authority may be

 7  tolled.

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

 9  the authority shall plan for and study the feasibility of

10  constructing, operating, and maintaining a bridge or bridges

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

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

13  environmental and economic feasibility of such bridge or

14  bridges and access roads, and such other transportation

15  facilities that become part of such bridge system. The

16  authority may construct, operate, and maintain the bridge

17  system if the authority determines that the bridge system

18  project is feasible and consistent with the authority's

19  primary purpose and master plan.

20         Section 28.  Subsection (9) of section 348.0004,

21  Florida Statutes, is amended to read:

22         348.0004  Purposes and powers.--

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

24  need for rapid construction of safe and efficient

25  transportation facilities for travel within the state and that

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

27  partnership agreements to effectuate the construction of

28  additional safe, convenient, and economical transportation

29  facilities.

30         (a)  Notwithstanding any other provision of the Florida

31  Expressway Authority Act, any expressway authority,

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 1  transportation authority, bridge authority, or toll authority

 2  established under this part or any other statute may receive

 3  or solicit proposals and enter into agreements with private

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

 5  ownership, or financing of expressway authority transportation

 6  facilities or new transportation facilities within the

 7  jurisdiction of the expressway authority. An expressway

 8  authority is authorized to adopt rules to implement this

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

10  for the submission of unsolicited proposals under this

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

12  evaluating the proposals. An expressway authority may engage

13  private consultants to assist in the evaluation. Before

14  approval, an expressway authority must determine that a

15  proposed project:

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

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

18  project is on or provides increased mobility on the State

19  Highway System.

20         3.  Would have adequate safeguards to ensure that no

21  additional costs or service disruptions would be realized by

22  the traveling public and residents citizens of the state in

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

24  the expressway authority.

25         (b)  An expressway authority shall ensure that all

26  reasonable costs to the state which are, related to

27  transportation facilities that are not part of the State

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

29  authority shall also ensure that all reasonable costs to the

30  state and substantially affected local governments and

31  utilities related to the private transportation facility are

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 1  borne by the private entity for transportation facilities that

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

 3  Highway System, the department may use state resources to

 4  participate in funding and financing the project as provided

 5  for under the department's enabling legislation.

 6         (c)  The expressway authority may request proposals for

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

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

 9  Administrative Weekly and a newspaper of general circulation

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

11  2 weeks, stating that it has received the proposal and will

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

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

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

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

16  expressway authority shall rank the proposals in order of

17  preference. In ranking the proposals, the expressway authority

18  shall consider professional qualifications, general business

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

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

21  If the expressway authority is not satisfied with the results

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

23  negotiations with the proposer. If these negotiations are

24  unsuccessful, the expressway authority may go to the second

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

26  only one proposal is received, the expressway authority may

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

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

29  negotiations with the proposer. Notwithstanding this

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

31  

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

 2  completion of a contract with the proposer.

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

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

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

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

 7  from a nationally recognized rating agency that the senior

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

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

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

11  fully repaid.

12         (e)  Agreements entered into pursuant to this

13  subsection may authorize the public-private entity to impose

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

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

16  the expressway authority to avoid unreasonable costs to users

17  of the facility.

18         (f)  Each public-private transportation facility

19  constructed pursuant to this subsection shall comply with all

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

21  regional, and local comprehensive plans; the expressway

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

23  transportation facilities; and any other conditions that the

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

25  interest.

26         (g)  An expressway authority may exercise any power

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

28  development and construction of transportation projects

29  pursuant to this subsection. An expressway authority may pay

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

31  facility or may provide services to the private entity for

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 1  which it receives full or partial reimbursement for services

 2  rendered.

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

 4  intended to amend existing laws by granting additional powers

 5  to or further restricting the governmental entities from

 6  regulating and entering into cooperative arrangements with the

 7  private sector for the planning, construction, and operation

 8  of transportation facilities. Use of the powers granted in

 9  this subsection may not subject a statutorily created

10  expressway authority, transportation authority, bridge

11  authority, or toll authority, other than one statutorily

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

13  part other than those contained in this subsection.

14         Section 29.  Section 348.0012, Florida Statutes, is

15  amended to read:

16         348.0012  Exemptions from applicability.--The Florida

17  Expressway Authority Act does not apply:

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

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

20  as expressly provided in this part; or

21         (2)  To a transportation authority created pursuant to

22  chapter 349.

23         Section 30.  Subsection (6) is added to section

24  348.754, Florida Statutes, to read:

25         348.754  Purposes and powers.--

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

27  County Expressway Authority may waive payment and performance

28  bonds on construction contracts for the construction of a

29  public building, for the prosecution and completion of a

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

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

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 1  is awarded pursuant to an economic development program for the

 2  encouragement of local small businesses that has been adopted

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

 4  Authority pursuant to a resolution or policy.

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

 6  in the economic development program for local small businesses

 7  requires that a participant:

 8         1.  Be an independent business.

 9         2.  Be principally domiciled in the Orange County

10  Standard Metropolitan Statistical Area.

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

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

13  less over the immediately preceding 3 calendar years with

14  regard to any construction element of the program.

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

16  County Expressway Authority's microcontracts program or such

17  other small business program as may be hereinafter enacted by

18  the Orlando-Orange County Expressway Authority.

19         6.  Participate in an educational curriculum or

20  technical assistance program for business development that

21  will assist the small business in becoming eligible for

22  bonding.

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

24  payment and performance bonds on projects with values not less

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

26  payment and performance bonds may only be waived on projects

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

28  participants in an economic development program for local

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

30  her designee shall determine whether specific construction

31  projects are suitable for:

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 1         1.  Bidding under the authority's microcontracts

 2  program by registered local small businesses; and

 3         2.  Waiver of the payment and performance bond.

 4  

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

 6  executive director to waive the payment and performance bond

 7  shall be based upon his or her investigation and conclusion

 8  that there exists sufficient competition so that the authority

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

10  with respect to such project.

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

12  performance bond has been waived pursuant to the authority set

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

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

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

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

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

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

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

20  authority shall record notice of this obligation in the manner

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

22  include the information describing the contract that s.

23  255.05(1) requires be stated on the front page of the bond.

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

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

26  apply under this subsection to any contract on which

27  performance or payment bonds are waived and any claim to

28  payment under this subsection shall be treated as a contract

29  claim pursuant to s. 255.05(9).

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

31  bidder on six projects for which the payment and performance

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

 2  shall be ineligible to bid on additional projects for which

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

 4  small business may continue to participate in other elements

 5  of the economic development program for local small businesses

 6  as long as it is eligible.

 7         (f)  The authority shall conduct bond eligibility

 8  training for businesses qualifying for bond waiver under this

 9  subsection to encourage and promote bond eligibility for such

10  businesses.

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

12  the activities undertaken pursuant to this subsection to be

13  submitted to the Orange County legislative delegation. The

14  initial report shall be due December 31, 2010.

15         Section 31.  Paragraph (a) of subsection (3) of section

16  163.3177, Florida Statutes, is amended to read:

17         163.3177  Required and optional elements of

18  comprehensive plan; studies and surveys.--

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

20  improvements element designed to consider the need for and the

21  location of public facilities in order to encourage the

22  efficient utilization of such facilities and set forth:

23         1.  A component which outlines principles for

24  construction, extension, or increase in capacity of public

25  facilities, as well as a component which outlines principles

26  for correcting existing public facility deficiencies, which

27  are necessary to implement the comprehensive plan. The

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

29         2.  Estimated public facility costs, including a

30  delineation of when facilities will be needed, the general

31  

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 1  location of the facilities, and projected revenue sources to

 2  fund the facilities.

 3         3.  Standards to ensure the availability of public

 4  facilities and the adequacy of those facilities including

 5  acceptable levels of service.

 6         4.  Standards for the management of debt.

 7         5.  A schedule of capital improvements which includes

 8  publicly funded projects, and which may include privately

 9  funded projects for which the local government has no fiscal

10  responsibility, necessary to ensure that adopted

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

12  capital improvements that will be funded by the developer,

13  financial feasibility shall be demonstrated by being

14  guaranteed in an enforceable development agreement or

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

16  enforceable agreement. These development agreements and

17  interlocal agreements shall be reflected in the schedule of

18  capital improvements if the capital improvement is necessary

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

20  government uses planned revenue sources that require referenda

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

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

23  secure the planned revenue source, identify other existing

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

25  or otherwise amend the plan to ensure financial feasibility.

26         6.  The schedule must include transportation

27  improvements included in the applicable metropolitan planning

28  organization's transportation improvement program adopted

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

30  improvements are relied upon to ensure concurrency and

31  financial feasibility. The schedule must also be coordinated

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 1  with the applicable metropolitan planning organization's

 2  long-range transportation plan adopted pursuant to s.

 3  339.175(7)(6).

 4         Section 32.  Section 339.176, Florida Statutes, is

 5  amended to read:

 6         339.176  Voting membership for M.P.O. with boundaries

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

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

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

10  membership of any Metropolitan Planning Organization whose

11  geographical boundaries include any county as defined in s.

12  125.011(1) must include an additional voting member appointed

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

14  of 50,000 or more residents.

15         Section 33.  Subsection (1) of section 341.828, Florida

16  Statutes, is amended to read:

17         341.828  Permitting.--

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

19  utilize one or more permitting processes provided for in

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

21  planning organization long-range transportation planning

22  process as defined in s. 339.175(6) and (7) and (8), in

23  conjunction with the Department of Transportation's work

24  program process as defined in s. 339.135, or any permitting

25  process now in effect or that may be in effect at the time of

26  permitting and will provide the most timely and cost-effective

27  permitting process.

28         Section 34.  Section 2 of chapter 89-383, Laws of

29  Florida, is amended to read:

30         Section 2.  Red Road is hereby designated as a state

31  historic highway. No public funds shall be expended for:

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 1         (1)  The removal of any healthy tree which is not a

 2  safety hazard.

 3         (2)  Any alteration of the physical dimensions or

 4  location of Red Road, the median strip thereof, the land

 5  adjacent thereto, or any part of the original composition of

 6  the entranceway, including the towers, the walls, and the

 7  lampposts.

 8         (3)  Any construction on or along Red Road of any new

 9  structure, or any building, clearing, filling, or excavating

10  on or along Red Road except for routine maintenance or

11  alterations, modifications, or improvements to it and the

12  adjacent right-of-way made for the purpose of enhancing life

13  safety for vehicular or pedestrian use of Red Road if the

14  number of traffic lanes is not altered work which is essential

15  to the health, safety, or welfare of the environment.

16         Section 35.  Subsection (27) is added to section

17  479.01, Florida Statutes, to read:

18         479.01  Definitions.--As used in this chapter, the

19  term:

20         (27)  "Wall mural" means a sign that is a painting or

21  an artistic work composed of photographs or arrangements of

22  color and that displays a commercial or noncommercial message,

23  relies solely on the side of the building for rigid structural

24  support, and is painted on the building or depicted on vinyl,

25  fabric, or other similarly flexible material that is held in

26  place flush or flat against the surface of the building. The

27  term excludes a painting or work placed on a structure that is

28  erected for the sole or primary purpose of signage.

29         Section 36.  Section 479.156, Florida Statutes, is

30  created to read:

31  

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 1         479.156  Wall murals.--Notwithstanding any other

 2  provision of this chapter, a municipality or county may permit

 3  and regulate wall murals within areas designated by such

 4  government. If a municipality or county permits wall murals, a

 5  wall mural that displays a commercial message and is within

 6  660 feet of the nearest edge of the right-of-way within an

 7  area adjacent to the interstate highway system or the

 8  federal-aid primary highway system shall be located in an area

 9  that is zoned for industrial or commercial use and the

10  municipality or county shall establish and enforce regulations

11  for such areas that, at a minimum, set forth criteria

12  governing the size, lighting, and spacing of wall murals

13  consistent with the intent of the Highway Beautification Act

14  of 1965 and with customary use. A wall mural that is subject

15  to municipal or county regulation and the Highway

16  Beautification Act of 1965 must be approved by the Department

17  of Transportation and the Federal Highway Administration and

18  may not violate the agreement between the state and the United

19  States Department of Transportation or violate federal

20  regulations enforced by the Department of Transportation under

21  s. 479.02(1). The existence of a wall mural as defined in s.

22  479.01(27) shall not be considered in determining whether a

23  sign as defined in s. 479.01(17), either existing or new, is

24  in compliance with s. 479.07(9)(a).

25         Section 37.  This act shall take effect July 1, 2007.

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS/CS Senate Bill 1928

 3                                 

 4  The Committee Substitute for CS/CS Senate Bill 1928:

 5  --   Imposes a $3 surcharge on the penalties for moving
         violations to be used for the state agency law
 6       enforcement radio system;

 7  --   Reduces the local matching fund requirement in the small
         county dredging program from 50% to 25%;
 8  
    --   Establishes a number of criteria for youth work
 9       experience programs contracting with the Florida
         Department of Transportation;
10  
    --   Extends the requirement to program 90% of turnpike
11       revenues originating in Miami-Dade, Broward, and Palm
         Beach Counties in those counties through 2017;
12  
    --   Establishes additional criteria for public-private
13       partnerships and clarifies the ability of all expressway
         authorities to engage in public-private partnerships; and
14  
    --   Creates the "Support Our Troops" specialty license plate.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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