Senate Bill sb1928e1

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    CS for CS for CS for SB 1928                   First Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; requiring the commission to

  4         monitor transportation authorities and conduct

  5         periodic reviews of each authority; prohibiting

  6         a member of the commission from entering into

  7         the day-to-day operation of a monitored

  8         authority; amending s. 112.061, F.S.;

  9         authorizing metropolitan planning organizations

10         and certain separate entities to establish per

11         diem and travel reimbursement rates; amending

12         s. 120.52, F.S.; excluding expressway

13         authorities under ch. 349, F.S., from the

14         definition of the term "agency" for certain

15         purposes; amending s. 349.03, F.S.; revising

16         provisions for officers and employees of the

17         Jacksonville Transportation Authority; amending

18         s. 349.04, F.S.; providing for the adoption of

19         rules by the Jacksonville Transportation

20         Authority for certain purposes; amending s.

21         121.021, F.S.; defining the term "metropolitan

22         planning organization" for purposes of the

23         Florida Retirement System Act; revising

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

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

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

27         Florida Retirement System; amending s. 121.055,

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

29         to be in the Senior Management Service Class;

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

31         enforcement of certain employer funding


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    CS for CS for CS for SB 1928                   First Engrossed



 1         contributions required under the Florida

 2         Retirement System; authorizing deductions of

 3         amounts owed from certain funds distributed to

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

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

 6         to require an employer to remit retirement or

 7         social security member contributions or

 8         employer matching payments; amending s.

 9         121.081, F.S.; providing for M.P.O. officers

10         and staff to claim credit for past service for

11         retirement benefits; creating s. 163.3182,

12         F.S.; providing for the creation of

13         transportation concurrency backlog authorities;

14         providing powers and responsibilities of such

15         authorities; providing for transportation

16         concurrency backlog plans; providing for the

17         issuance of revenue bonds for certain purposes;

18         providing for the establishment of a local

19         trust fund within each county or municipality

20         having an identified transportation concurrency

21         backlog; providing exemptions from

22         transportation concurrency requirements;

23         providing for the satisfaction of concurrency

24         requirements; providing for dissolution of

25         transportation concurrency backlog authorities;

26         amending s. 212.055, F.S.; renaming the charter

27         county transit system surtax; expanding

28         eligibility to levy the surtax to all charter

29         counties; deleting a provision prohibiting a

30         school district, county, or municipality from

31         issuing bonds more than once each year pledging


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    CS for CS for CS for SB 1928                   First Engrossed



 1         the proceeds of certain discretionary taxes;

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

 3         Department of Transportation's requirement to

 4         share certain costs of fixed-guideway system

 5         projects; revising criteria for an interlocal

 6         agreement to establish bond financing for

 7         fixed-guideway system projects; revising

 8         provisions for sources of funds for the payment

 9         of bonds; amending s. 311.22, F.S.; revising

10         funding for certain dredging projects; amending

11         s. 316.2123, F.S.; authorizing a county to

12         designate certain unpaved roadways where an ATV

13         may be operated; providing conditions for such

14         operation; amending s. 316.605, F.S.; providing

15         height and placement requirements for vehicle

16         license plates; prohibiting display that

17         obscures identification of the letters and

18         numbers on a license plate; providing

19         penalties; amending s. 316.650, F.S.; revising

20         procedures for disposition of citations issued

21         for failure to pay toll; providing that the

22         citation will not be submitted to the court and

23         no points will be assessed on the driver's

24         license if the person cited elects to make

25         payment directly to the governmental entity

26         that issued the citation; providing for

27         reporting of the citation by the governmental

28         entity to the Department of Highway Safety and

29         Motor Vehicles; amending s. 318.14, F.S.;

30         providing for the amount required to be paid

31         under certain procedures for disposition of a


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 1         citation issued for failure to pay toll;

 2         providing for the person cited to request a

 3         court hearing; amending s. 318.18, F.S.;

 4         revising penalties for failure to pay a

 5         prescribed toll; providing for disposition of

 6         amounts received by the clerk of court;

 7         removing procedures for withholding of

 8         adjudication; providing for suspension of a

 9         driver's license under certain circumstances;

10         revising authorized uses of revenue received by

11         a county from a certain surcharge; revising

12         penalty provisions to provide for certain

13         criminal penalties; imposing a surcharge to be

14         paid for specified traffic-related criminal

15         offenses and all moving traffic violations;

16         providing for distribution of the proceeds of

17         the surcharge to be used for the state agency

18         law enforcement radio system; providing for

19         future expiration; amending s. 318.21, F.S.;

20         revising distribution provisions to provide for

21         distribution of the surcharge; providing for

22         future expiration; amending s. 320.061, F.S.;

23         prohibiting interfering with the legibility,

24         angular visibility, or detectability of any

25         feature or detail on a license plate or

26         interfering with the ability to photograph or

27         otherwise record any feature or detail on a

28         license plate; providing penalties; amending s.

29         332.007, F.S.; authorizing the Department of

30         Transportation to provide funds for certain

31         general aviation projects under certain


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 1         circumstances; extending the timeframe that the

 2         department is authorized to provide operational

 3         and maintenance assistance to certain airports

 4         and may redirect the use of certain funds to

 5         security-related or economic-impact projects

 6         related to the events of September 11, 2001;

 7         amending s. 332.14, F.S.; providing that

 8         certain members of the Secure Airports for

 9         Florida's Economy Council shall be nonvoting

10         members; authorizing certain members to

11         overrule certain actions of the council;

12         amending s. 334.351, F.S.; amending s. 334.351,

13         F.S.; requiring nonprofit youth organizations

14         that contract with the Department of

15         Transportation for the purpose of operating

16         youth work experience programs to certify that

17         the program participants are residents of the

18         state and possess valid identification;

19         specifying criteria for the department to

20         consider in awarding contracts to such

21         organizations; requiring that the nonprofit

22         youth organizations submit certain reports and

23         audits to the department and demonstrate

24         participation in a peer assessment or review

25         process; amending s. 336.025, F.S.; deleting a

26         prohibition against local governments issuing

27         certain bonds secured by revenues from local

28         option fuel taxes more than once a year;

29         amending s. 336.41, F.S.; revising an exception

30         to competitive-bid requirements for certain

31         county road construction and reconstruction


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    CS for CS for CS for SB 1928                   First Engrossed



 1         projects; increasing the value threshold under

 2         which the exception applies; defining the term

 3         "construction aggregate materials"; providing

 4         legislative intent; prohibiting a local

 5         government from approving or denying a land use

 6         zoning change, comprehensive plan amendment,

 7         land use permit, ordinance, or order regarding

 8         construction aggregate materials without

 9         considering information provided by the

10         Department of Transportation and considering

11         the effect of such decision; prohibiting an

12         agency from imposing a moratorium on the mining

13         and extraction of construction aggregate

14         materials of longer than a specified period;

15         providing that limerock environmental resource

16         permitting and reclamation applications are

17         eligible to be expedited; establishing the

18         Strategic Aggregates Review Task Force;

19         providing for membership, staffing, reporting,

20         and expiration; providing for support and the

21         coordination of data and information for the

22         task force; requiring that the task force

23         report its findings to the Governor and the

24         Legislature; providing report requirements;

25         providing for the dissolution of the task

26         force; creating s. 337.026, F.S.; authorizing

27         the Department of Transportation to pursue

28         procurement techniques relating to construction

29         aggregate materials; authorizing the department

30         to enter into agreements for construction

31         aggregate materials; providing exceptions;


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 1         providing requirements for such exceptions;

 2         amending s. 337.11, F.S.; providing that

 3         certain construction projects be advertised for

 4         bids in local newspapers; amending s. 337.14,

 5         F.S.; authorizing the department to waive

 6         specified prequalification requirements for

 7         certain transportation projects under certain

 8         conditions; amending s. 337.18, F.S.; revising

 9         surety bond requirements for construction or

10         maintenance contracts; providing for

11         incremental annual surety bonds for multiyear

12         maintenance contracts under certain conditions;

13         revising the threshold for transportation

14         projects eligible for a waiver of surety bond

15         requirements; authorizing the department to

16         provide for phased surety bond coverage or an

17         alternate means of security for a portion of

18         the contract amount in lieu of the surety bond;

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

20         Department of Transportation and certain toll

21         agencies to enter into agreements with public

22         or private entities for additional uses of

23         electronic toll collection products and

24         services; authorizing feasibility studies by

25         the department or a toll agency of additional

26         uses of electronic toll devices for legislative

27         consideration; amending s. 338.2275, F.S.;

28         raising the limit on outstanding bonds to fund

29         turnpike projects; removing a provision

30         authorizing the department to acquire the

31         Sawgrass Expressway from the Broward County


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    CS for CS for CS for SB 1928                   First Engrossed



 1         Expressway Authority; amending s. 338.231,

 2         F.S.; extending the timeframe for application

 3         of requirement that the department program in

 4         the tentative work program certain funds

 5         relative to the share of toll collections

 6         attributable to users of the turnpike system in

 7         certain areas; removing a reference to conform;

 8         amending s. 339.08, F.S.; allowing moneys in

 9         the State Transportation Trust Fund to be used

10         to pay the cost of the Enhanced Bridge Program

11         for Sustainable Transportation; amending s.

12         339.175, F.S.; revising intent; providing the

13         method of creation and operation of M.P.O.'s

14         required to be designated pursuant to federal

15         law; specifying that an M.P.O. is separate from

16         the state or the governing body of a local

17         government that is represented on the governing

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

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

20         providing specified powers and privileges to

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

22         duties of certain officials; revising

23         requirements for voting membership; defining

24         the term "elected officials of a

25         general-purpose local government" to exclude

26         certain constitutional officers for voting

27         membership purposes; providing for the

28         appointment of alternates and advisers;

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

30         advisory committee shall serve at the pleasure

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


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    CS for CS for CS for SB 1928                   First Engrossed



 1         an executive or staff director and other

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

 3         contracts with public or private entities to

 4         accomplish its duties and functions; providing

 5         for the training of certain persons who serve

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

 7         that certain plans, programs, and amendments

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

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

10         vote, of a majority of the membership present;

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

12         of matching funds for a public transportation

13         project provided from the Transportation

14         Regional Incentive Program; creating s.

15         339.282, F.S.; providing legislative findings;

16         providing that property owners or developers

17         who voluntarily contribute right-of-way and

18         physically construct or expand a state

19         transportation facility or segment may receive

20         certain credits against any future

21         transportation concurrency requirements under

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

23         creating the Enhanced Bridge Program for

24         Sustainable Transportation within the

25         Department of Transportation; providing for the

26         use of funds in the program; providing project

27         guidelines for program funding; amending s.

28         339.55, F.S.; providing for the use of State

29         Infrastructure Bank loans for certain damaged

30         transportation facilities in areas officially

31         declared to be in a state of emergency;


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    CS for CS for CS for SB 1928                   First Engrossed



 1         providing criteria; amending s. 341.071, F.S.;

 2         requiring certain public transit providers to

 3         annually report potential productivity and

 4         performance enhancements; amending s. 343.81,

 5         F.S.; prohibiting elected officials from

 6         serving on the Northwest Florida Transportation

 7         Corridor Authority; providing for application

 8         of the prohibition to apply to persons

 9         appointed to serve on the authority after a

10         certain date; amending s. 343.82, F.S.;

11         directing the authority to plan for and study

12         the feasibility of constructing, operating, and

13         maintaining a bridge or bridges, and

14         appurtenant structures, spanning Choctawhatchee

15         Bay or Santa Rosa Sound; authorizing the

16         authority to construct, operate, and maintain

17         said bridges and structures; amending s.

18         334.30, F.S.; authorizing the Department of

19         Transportation to enter into agreements with

20         private entities for the building, operation,

21         ownership, or financing of transportation

22         facilities; revising criteria for approving

23         agreements; amending s. 338.234, F.S.; granting

24         the Florida Turnpike Enterprise, its lessees,

25         and licensees an exemption from paying

26         commercial rental tax on capital improvements;

27         amending s. 348.0004, F.S.; authorizing certain

28         transportation-related authorities to enter

29         into agreements with private entities for the

30         building, operation, ownership, or financing of

31         transportation facilities; amending s.


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    CS for CS for CS for SB 1928                   First Engrossed



 1         348.0012, F.S.; revising provisions for certain

 2         exemptions from the Florida Expressway

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

 4         authorizing the Orlando-Orange County

 5         Expressway Authority to waive payment and

 6         performance bonds on certain construction

 7         contracts if the contract is awarded pursuant

 8         to an economic development program for the

 9         encouragement of local small businesses;

10         providing criteria for participation in the

11         program; providing criteria for the bond

12         waiver; providing for certain determinations by

13         the authority's executive director or a

14         designee as to the suitability of a project;

15         providing for certain payment obligations if a

16         payment and performance bond is waived;

17         requiring the authority to record notice of the

18         obligation; limiting eligibility to bid on the

19         projects; providing for the authority to

20         conduct bond eligibility training for certain

21         businesses; requiring the authority to submit

22         biennial reports to the Orange County

23         legislative delegation; amending ss. 163.3177,

24         339.176, and 341.828, F.S.; correcting

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

26         Laws of Florida; providing for certain

27         alterations to and along Red Road in Miami-Dade

28         County for transportation safety purposes;

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

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

31         providing for the regulation of wall murals by


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    CS for CS for CS for SB 1928                   First Engrossed



 1         municipalities and counties; requiring that

 2         certain wall murals be located in areas zoned

 3         for industrial or commercial use; requiring

 4         that the local regulation of wall murals be

 5         consistent with specified criteria; requiring

 6         the Department of Transportation to approve a

 7         wall mural under certain conditions; amending

 8         s. 316.1951, F.S.; revising provisions relating

 9         to parking vehicles on public property for the

10         purpose of displaying the vehicles for sale,

11         hire, or rental; providing exceptions;

12         prohibiting certain acts in the sale of motor

13         vehicles; providing an effective date.

14  

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

16  

17         Section 1.  Paragraphs (b) and (c) of subsection (2) of

18  section 20.23, Florida Statutes, are amended to read:

19         20.23  Department of Transportation.--There is created

20  a Department of Transportation which shall be a decentralized

21  agency.

22         (2)

23         (b)  The commission shall have the primary functions

24  to:

25         1.  Recommend major transportation policies for the

26  Governor's approval, and assure that approved policies and any

27  revisions thereto are properly executed.

28         2.  Periodically review the status of the state

29  transportation system including highway, transit, rail,

30  seaport, intermodal development, and aviation components of

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1  the system and recommend improvements therein to the Governor

 2  and the Legislature.

 3         3.  Perform an in-depth evaluation of the annual

 4  department budget request, the Florida Transportation Plan,

 5  and the tentative work program for compliance with all

 6  applicable laws and established departmental policies. Except

 7  as specifically provided in s. 339.135(4)(c)2., (d), and (f),

 8  the commission may not consider individual construction

 9  projects, but shall consider methods of accomplishing the

10  goals of the department in the most effective, efficient, and

11  businesslike manner.

12         4.  Monitor the financial status of the department on a

13  regular basis to assure that the department is managing

14  revenue and bond proceeds responsibly and in accordance with

15  law and established policy.

16         5.  Monitor on at least a quarterly basis, the

17  efficiency, productivity, and management of the department,

18  using performance and production standards developed by the

19  commission pursuant to s. 334.045.

20         6.  Perform an in-depth evaluation of the factors

21  causing disruption of project schedules in the adopted work

22  program and recommend to the Legislature and the Governor

23  methods to eliminate or reduce the disruptive effects of these

24  factors.

25         7.  Recommend to the Governor and the Legislature

26  improvements to the department's organization in order to

27  streamline and optimize the efficiency of the department. In

28  reviewing the department's organization, the commission shall

29  determine if the current district organizational structure is

30  responsive to Florida's changing economic and demographic

31  development patterns. The initial report by the commission


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    CS for CS for CS for SB 1928                   First Engrossed



 1  must be delivered to the Governor and Legislature by December

 2  15, 2000, and each year thereafter, as appropriate. The

 3  commission may retain such experts as are reasonably necessary

 4  to effectuate this subparagraph, and the department shall pay

 5  the expenses of such experts.

 6         8.  Monitor the efficiency, productivity, and

 7  management of the authorities created under chapters 343 and

 8  348, including any authority formed using the provisions of

 9  part I of chapter 348. The commission shall also conduct

10  periodic reviews of each authority's operations and budget,

11  acquisition of property, management of revenue and bond

12  proceeds, and compliance with applicable laws and generally

13  accepted accounting principles.

14         (c)  The commission or a member thereof may not enter

15  into the day-to-day operation of the department or a monitored

16  authority and is specifically prohibited from taking part in:

17         1.  The awarding of contracts.

18         2.  The selection of a consultant or contractor or the

19  prequalification of any individual consultant or contractor.

20  However, the commission may recommend to the secretary

21  standards and policies governing the procedure for selection

22  and prequalification of consultants and contractors.

23         3.  The selection of a route for a specific project.

24         4.  The specific location of a transportation facility.

25         5.  The acquisition of rights-of-way.

26         6.  The employment, promotion, demotion, suspension,

27  transfer, or discharge of any department personnel.

28         7.  The granting, denial, suspension, or revocation of

29  any license or permit issued by the department.

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

31  Statutes, is amended to read:


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    CS for CS for CS for SB 1928                   First Engrossed



 1         112.061  Per diem and travel expenses of public

 2  officers, employees, and authorized persons.--

 3         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

 4  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND

 5  METROPOLITAN PLANNING ORGANIZATIONS.--

 6         (a)  The following entities may establish rates that

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

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

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

10  than the statutorily established rates that are in effect for

11  the 2005-2006 fiscal year:

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

13  an ordinance or resolution;

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

15  1(d), Art. VIII of the State Constitution, by the

16  establishment of written policy;

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

18  the adoption of rules; or

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

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

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

22  resolution; or

23         5.  Any metropolitan planning organization created

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

25  administrative entity created pursuant to s. 339.175 of which

26  a metropolitan planning organization is a member, by the

27  enactment of a resolution.

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

29  apply uniformly to all travel by the county, county

30  constitutional officer and entity governed by that officer,

31  


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 1  district school board, or special district, or metropolitan

 2  planning organization.

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

 4  counties, county constitutional officers and entities governed

 5  by those officers, district school boards, and special

 6  districts, and metropolitan planning organizations, other than

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

 8  requirements of this section.

 9         Section 3.  Subsection (1) of section 120.52, Florida

10  Statutes, is amended to read:

11         120.52  Definitions.--As used in this act:

12         (1)  "Agency" means:

13         (a)  The Governor in the exercise of all executive

14  powers other than those derived from the constitution.

15         (b)  Each:

16         1.  State officer and state department, and each

17  departmental unit described in s. 20.04.

18         2.  Authority, including a regional water supply

19  authority.

20         3.  Board.

21         4.  Commission, including the Commission on Ethics and

22  the Fish and Wildlife Conservation Commission when acting

23  pursuant to statutory authority derived from the Legislature.

24         5.  Regional planning agency.

25         6.  Multicounty special district with a majority of its

26  governing board comprised of nonelected persons.

27         7.  Educational units.

28         8.  Entity described in chapters 163, 373, 380, and 582

29  and s. 186.504.

30         (c)  Each other unit of government in the state,

31  including counties and municipalities, to the extent they are


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 1  expressly made subject to this act by general or special law

 2  or existing judicial decisions.

 3  

 4  This definition does not include any legal entity or agency

 5  created in whole or in part pursuant to chapter 361, part II,

 6  any metropolitan planning organization created pursuant to s.

 7  339.175, any separate legal or administrative entity created

 8  pursuant to s. 339.175 of which a metropolitan planning

 9  organization is a member, an expressway authority pursuant to

10  chapter 348 or transportation authority under chapter 349, any

11  legal or administrative entity created by an interlocal

12  agreement pursuant to s. 163.01(7), unless any party to such

13  agreement is otherwise an agency as defined in this

14  subsection, or any multicounty special district with a

15  majority of its governing board comprised of elected persons;

16  however, this definition shall include a regional water supply

17  authority.

18         Section 4.  Subsection (3) of section 349.03, Florida

19  Statutes, is amended to read:

20         349.03  Jacksonville Transportation Authority.--

21         (3)  The terms of appointed members shall be for 4

22  years deemed to have commenced on June 1 of the year in which

23  they are appointed. Each member shall hold office until a

24  successor has been appointed and has qualified. A vacancy

25  during a term shall be filled by the respective appointing

26  authority only for the balance of the unexpired term. Any

27  member appointed to the authority for two consecutive full

28  terms shall not be eligible for appointment to the next

29  succeeding term. One of the members so appointed shall be

30  designated annually by the members as chair of the authority,

31  one member shall be designated annually as the vice chair of


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    CS for CS for CS for SB 1928                   First Engrossed



 1  the authority, one member shall be designated annually as the

 2  secretary of the authority, and one member shall be designated

 3  annually as the treasurer of the authority. The members of the

 4  authority shall not be entitled to compensation, but shall be

 5  reimbursed for travel expenses or other expenses actually

 6  incurred in their duties as provided by law. Four voting

 7  members of the authority shall constitute a quorum, and no

 8  resolution adopted by the authority shall become effective

 9  unless with the affirmative vote of at least four members. The

10  authority shall may employ an executive director, and the

11  executive director may hire such staff, permanent or

12  temporary, as he or she may determine and may organize the

13  staff of the authority into such departments and units as he

14  or she may determine divisions as it deems necessary. The

15  executive director It may appoint department directors, deputy

16  directors, division chiefs, and staff assistants to the

17  executive director, as he or she may determine. In so

18  appointing the executive director, the authority may fix the

19  compensation of such appointee those appointees, who shall

20  serve at the pleasure of the authority. All employees of the

21  authority shall be exempt from the provisions of part II of

22  chapter 110. The authority may employ such financial advisers

23  and consultants, technical experts, engineers, and agents and

24  employees, permanent or temporary, as it may require and may

25  fix the compensation and qualifications of such persons,

26  firms, or corporations. The authority may delegate to one or

27  more of its agents or employees such of its powers as it shall

28  deem necessary to carry out the purposes of this chapter,

29  subject always to the supervision and control of the governing

30  body of the authority.

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1         Section 5.  Paragraph (n) is added to subsection (2) of

 2  section 349.04, Florida Statutes, to read:

 3         349.04  Purposes and powers.--

 4         (2)  The authority is hereby granted, and shall have

 5  and may exercise all powers necessary, appurtenant,

 6  convenient, or incidental to the carrying out of the aforesaid

 7  purposes, including, but without being limited to, the right

 8  and power:

 9         (n)  To adopt rules to carry out the powers and

10  obligations herein granted, which set forth a purpose,

11  necessary definitions, forms, general conditions and

12  procedures, and fines and penalties, including, without

13  limitation, suspension or debarment, and charges for

14  nonperformance, with respect to any aspect of the work or

15  function of the authority for the permitting, planning,

16  funding, design, acquisition, construction, equipping,

17  operation, and maintenance of transportation facilities,

18  transit and highway, within the state, provided or operated by

19  the authority or others in cooperation with or at the

20  direction of the authority, and for carrying out all other

21  purposes of the authority set forth or authorized in this

22  chapter.

23         Section 6.  Subsection (11), paragraph (a) of

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

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

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

27         121.021  Definitions.--The following words and phrases

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

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

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

31  salary payments for work performed in a regularly established


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    CS for CS for CS for SB 1928                   First Engrossed



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

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

 3  group.

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

 5  county commissioners or other legislative governing body of a

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

 7  metropolitan government; a clerk of the circuit court,

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

 9  elections, provided such officer is elected or has been

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

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

12  governing body of any city, metropolitan planning organization

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

14  administrative entity created pursuant to s. 339.175, or

15  special district of the state which participates in the system

16  for the benefit of certain of its employees.

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

18  follows:

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

20  agency, community college, city, metropolitan planning

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

22  established position which will be in existence for a period

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

24         (62)  "Metropolitan planning organization" means an

25  entity created by an interlocal agreement pursuant to s.

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

27         Section 7.  Paragraph (b) of subsection (2) of section

28  121.051, Florida Statutes, is amended to read:

29         121.051  Participation in the system.--

30         (2)  OPTIONAL PARTICIPATION.--

31  


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  metropolitan planning organization, or special district in the

 3  state may elect to participate in the system upon proper

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

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

 6  Services and the administrator. The department shall adopt

 7  rules establishing provisions for the submission of documents

 8  necessary for such application. Prior to being approved for

 9  participation in the Florida Retirement System, the governing

10  body of any such municipality, metropolitan planning

11  organization, or special district that has a local retirement

12  system shall submit to the administrator a certified financial

13  statement showing the condition of the local retirement system

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

15  date of membership in the Florida Retirement System. The

16  statement must be certified by a recognized accounting firm

17  that is independent of the local retirement system. All

18  required documents necessary for extending Florida Retirement

19  System coverage must be received by the department for

20  consideration at least 15 days prior to the proposed effective

21  date of coverage. If the municipality, metropolitan planning

22  organization, or special district does not comply with this

23  requirement, the department may require that the effective

24  date of coverage be changed.

25         2.  Any city, metropolitan planning organization, or

26  special district that has an existing retirement system

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

28  under the Florida Retirement System may participate only after

29  holding a referendum in which all employees in the affected

30  units have the right to participate. Only those employees

31  electing coverage under the Florida Retirement System by


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    CS for CS for CS for SB 1928                   First Engrossed



 1  affirmative vote in said referendum shall be eligible for

 2  coverage under this chapter, and those not participating or

 3  electing not to be covered by the Florida Retirement System

 4  shall remain in their present systems and shall not be

 5  eligible for coverage under this chapter. After the referendum

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

 7  the Florida Retirement System.

 8         3.  The governing body of any city, metropolitan

 9  planning organization, or special district complying with

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

11  based on past service of officers and employees as described

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

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

14  officers and employees of its covered group.

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

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

17  all present officers and employees electing coverage under

18  this chapter and all future officers and employees shall be

19  compulsory members of the Florida Retirement System.

20         5.  Subject to the conditions set forth in subparagraph

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

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

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

24  public health trust created under s. 154.07, hereinafter

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

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

27  with regard to future employees in accordance with the

28  following procedure:

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

30  adopting a resolution to partially withdraw from the Florida

31  Retirement System and establish an alternative retirement plan


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  proposed withdrawal and proposed alternative plan.

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

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

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

 6  hospital district proposing partial withdrawal and must be

 7  published in a newspaper of general circulation in the area

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

 9  publication of such notice shall be submitted to the

10  Department of Management Services.

11         c.  The governing body of any hospital district seeking

12  to partially withdraw from the system must, before such

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

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

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

16  retirement plan that the hospital district is to adopt,

17  benefits for new employees comparable to those provided under

18  the Florida Retirement System.

19         d.  Upon meeting all applicable requirements of this

20  subparagraph, and subject to the conditions set forth in

21  subparagraph 6., partial withdrawal from the system and

22  adoption of the alternative retirement plan may be

23  accomplished by resolution duly adopted by the hospital

24  district board. The hospital district board must provide

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

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

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

28  January 1, 1996.

29         6.  Following the adoption of a resolution under

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

31  hospital district who were participants in the Florida


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    CS for CS for CS for SB 1928                   First Engrossed



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

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

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

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

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

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

 7  participate in the Florida Retirement System, and the

 8  withdrawing hospital district shall have no obligation to the

 9  system with respect to such employees.

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

11  section 121.055, Florida Statutes, to read:

12         121.055  Senior Management Service Class.--There is

13  hereby established a separate class of membership within the

14  Florida Retirement System to be known as the "Senior

15  Management Service Class," which shall become effective

16  February 1, 1987.

17         (1)

18         (l)  For each metropolitan planning organization that

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

20  participation in the Senior Management Service Class shall be

21  compulsory for the executive director or staff director of

22  that metropolitan planning organization.

23         Section 9.  Paragraphs (a) and (c) of subsection (2) of

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

25         121.061  Funding.--

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

27  fail to make the retirement and social security contributions,

28  both member and employer contributions, required by this

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

30  Department of Revenue or the Department of Financial Services,

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


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  city, metropolitan planning organization, special district, or

 3  consolidated form of government. The amounts so deducted shall

 4  be transferred to the administrator for further distribution

 5  to the trust funds in accordance with this chapter.

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

 7  metropolitan planning organization, special district, or

 8  consolidated form of government participating under this

 9  chapter or the administrator, acting individually or jointly,

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

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

12  retirement or social security member contributions or employer

13  matching payments due the retirement or social security trust

14  funds under the provisions of this chapter.

15         Section 10.  Paragraphs (a), (b), and (e) of subsection

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

17         121.081  Past service; prior service;

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

19  service may be claimed and credited are:

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

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

22  city, metropolitan planning organization, or special district

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

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

25  may elect to provide benefits with respect to past service

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

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

28  established by applying the following formula: The member

29  contribution for both regular and special risk members shall

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

31  service claimed, plus 4-percent employer matching


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    CS for CS for CS for SB 1928                   First Engrossed



 1  contribution, plus 4 percent interest thereon compounded

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

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

 4  1975, and 6.5 percent interest compounded annually thereafter

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

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

 7  compounded interest shall be added each June 30 thereafter on

 8  any unpaid balance until the cost of such past service

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

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

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

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

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

14  date for each particular year of past service.

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

16  claimed by officers or employees of a city, metropolitan

17  planning organization, or special district that becomes a

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

19  covered group may elect to provide benefits with respect to

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

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

22  established by applying the following formula: The employer

23  shall contribute an amount equal to the contribution rate in

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

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

26  plus 6.5 percent interest thereon, compounded annually,

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

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

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

30  claimed as creditable service by a member of the Florida

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


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    CS for CS for CS for SB 1928                   First Engrossed



 1  city, metropolitan planning organization, or special district,

 2  notwithstanding the status or form of the retirement system,

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

 4  special district and irrespective of whether officers or

 5  employees of that city, metropolitan planning organization, or

 6  special district now or hereafter become a covered group under

 7  the Florida Retirement System. Such member may claim

 8  creditable service and be entitled to the benefits accruing to

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

10  claimed under this paragraph by paying into the retirement

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

12  providing the additional benefit resulting from such

13  past-service credit, discounted by the applicable actuarial

14  factors to date of retirement.

15         Section 11.  Section 163.3182, Florida Statutes, is

16  created to read:

17         163.3182  Transportation concurrency backlogs.--

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

19  term:

20         (a)  "Transportation construction backlog area" means

21  the geographic area within the unincorporated portion of a

22  county or within the municipal boundary of a municipality

23  designated in a local government comprehensive plan for which

24  a transportation concurrency backlog authority is created

25  pursuant to this section. A transportation concurrency backlog

26  area created within the corporate boundary of a municipality

27  shall be made pursuant to an interlocal agreement between a

28  county, a municipality or municipalities, and any affected

29  taxing authority or authorities.

30  

31  


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  authority" means the governing body of a county or

 3  municipality within which an authority is created.

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

 5  other legislative body charged with governing the county or

 6  municipality within which a transportation concurrency backlog

 7  authority is created pursuant to this section.

 8         (d)  "Transportation concurrency backlog" means an

 9  identified deficiency where the existing extent of traffic

10  volume exceeds the level of service standard adopted in a

11  local government comprehensive plan for a transportation

12  facility.

13         (e)  "Transportation concurrency backlog plan" means

14  the plan adopted as part of a local government comprehensive

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

16  as a transportation concurrency backlog authority.

17         (f)  "Transportation concurrency backlog project" means

18  any designated transportation project identified for

19  construction within the jurisdiction of a transportation

20  construction backlog authority.

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

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

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

24  pursuant to subsection (5).

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

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

27  located within a transportation concurrency backlog area,

28  except a school district.

29         (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

30  AUTHORITIES.--

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (a)  A county or municipality may create a

 2  transportation concurrency backlog authority if it has an

 3  identified transportation concurrency backlog.

 4         (b)  Acting as the transportation concurrency backlog

 5  authority within the authority's jurisdictional boundary, the

 6  governing body of a county or municipality shall adopt and

 7  implement a plan to eliminate all identified transportation

 8  concurrency backlogs within the authority's jurisdiction using

 9  funds provided pursuant to subsection (5) and as otherwise

10  provided pursuant to this section.

11         (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

12  AUTHORITY.--Each transportation concurrency backlog authority

13  has the powers necessary or convenient to carry out the

14  purposes of this section, including the following powers in

15  addition to others granted in this section:

16         (a)  To make and execute contracts and other

17  instruments necessary or convenient to the exercise of its

18  powers under this section.

19         (b)  To undertake and carry out transportation

20  concurrency backlog projects for transportation facilities

21  that have a concurrency backlog within the authority's

22  jurisdiction. Concurrency backlog projects may include

23  transportation facilities that provide for alternative modes

24  of travel including sidewalks, bikeways, and mass transit

25  which are related to a backlogged transportation facility.

26         (c)  To invest any transportation concurrency backlog

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

28  required for immediate disbursement in property or securities

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

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

31  issued pursuant to this section at the redemption price


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  redemption price. All such bonds redeemed or purchased shall

 3  be canceled.

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

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

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

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

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

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

10  agreements, and to include in any contracts for financial

11  assistance with the Federal Government for or with respect to

12  a transportation concurrency backlog project and related

13  activities such conditions imposed pursuant to federal laws as

14  the transportation concurrency backlog authority considers

15  reasonable and appropriate and which are not inconsistent with

16  the purposes of this section.

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

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

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

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

21  amend such transportation concurrency backlog plans.

22         (f)  To appropriate such funds and make such

23  expenditures as are necessary to carry out the purposes of

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

25  bodies, which agreements may extend over any period

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

27         (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

28         (a)  Each transportation concurrency backlog authority

29  shall adopt a transportation concurrency backlog plan as a

30  part of the local government comprehensive plan within 6

31  months after the creation of the authority. The plan shall:


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    CS for CS for CS for SB 1928                   First Engrossed



 1         1.  Identify all transportation facilities that have

 2  been designated as deficient and require the expenditure of

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

 4         2.  Include a priority listing of all transportation

 5  facilities that have been designated as deficient and do not

 6  satisfy concurrency requirements pursuant to s. 163.3180, and

 7  the applicable local government comprehensive plan.

 8         3.  Establish a schedule for financing and construction

 9  of transportation concurrency backlog projects that will

10  eliminate transportation concurrency backlogs within the

11  jurisdiction of the authority within 10 years after the

12  transportation concurrency backlog plan adoption. The schedule

13  shall be adopted as part of the local government comprehensive

14  plan.

15         (b)  The adoption of the transportation concurrency

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

17  163.3187(1).

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

19  transportation concurrency backlog authority shall establish a

20  local transportation concurrency backlog trust fund upon

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

22  administered by the transportation concurrency backlog

23  authority within which a transportation concurrency backlog

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

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

26  funded by the proceeds of an ad valorem tax increment

27  collected within each transportation concurrency backlog area

28  to be determined annually and shall be 25 percent of the

29  difference between:

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

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


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    CS for CS for CS for SB 1928                   First Engrossed



 1  service millage, on taxable real property contained within the

 2  jurisdiction of the transportation concurrency backlog

 3  authority and within the transportation backlog area; and

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

 5  been produced by the rate upon which the tax is levied each

 6  year by or for each taxing authority, exclusive of any debt

 7  service millage, upon the total of the assessed value of the

 8  taxable real property within the transportation concurrency

 9  backlog area as shown on the most recent assessment roll used

10  in connection with the taxation of such property of each

11  taxing authority prior to the effective date of the ordinance

12  funding the trust fund.

13         (6)  EXEMPTIONS.--

14         (a)  The following public bodies or taxing authorities

15  are exempt from the provision of this section:

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

17  taxable real property in more than one county.

18         2.  Special district for which the sole available

19  source of revenue is the authority to levy ad valorem taxes at

20  the time an ordinance is adopted under this section. However,

21  revenues or aid that may be dispensed or appropriated to a

22  district as defined in s. 388.011 at the discretion of an

23  entity other than such district shall not be deemed available.

24         3.  A library district.

25         4.  A neighborhood improvement district created under

26  the Safe Neighborhoods Act.

27         5.  A metropolitan transportation authority.

28         6.  A water management district created under s.

29  373.069. 

30         7.  A community redevelopment agency.

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (b)  A transportation concurrency exemption authority

 2  may also exempt from this section a special district that

 3  levies ad valorem taxes within the transportation concurrency

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

 5         (7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon

 6  adoption of a transportation concurrency backlog plan as a

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

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

 9  deemed to have achieved and maintained transportation level of

10  service standards, and to have met requirements for financial

11  feasibility for transportation facilities, and for the purpose

12  of proposed development transportation concurrency has been

13  satisfied. Proportionate fair share mitigation shall be

14  limited to ensure that a development inside a transportation

15  concurrency backlog area is not responsible for the additional

16  costs of eliminating backlogs.

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

18  transportation concurrency backlog projects, a transportation

19  concurrency backlog authority shall be dissolved and its

20  assets and liabilities shall be transferred to the county or

21  municipality within which the authority is located. All

22  remaining assets of the authority must be used for

23  implementation of transportation projects within the

24  jurisdiction of the authority. The local government

25  comprehensive plan shall be amended to remove the

26  transportation concurrency backlog plan.

27         Section 12.  Subsection (1) and paragraph (e) of

28  subsection (2) of section 212.055, Florida Statutes, are

29  amended to read:

30         212.055  Discretionary sales surtaxes; legislative

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


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    CS for CS for CS for SB 1928                   First Engrossed



 1  legislative intent that any authorization for imposition of a

 2  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

 9  be expended; and such other requirements as the Legislature

10  may provide.  Taxable transactions and administrative

11  procedures shall be as provided in s. 212.054.

12         (1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM

13  SURTAX.--

14         (a)  Each charter county that has which adopted a

15  charter prior to January 1, 1984, and each county the

16  government of which is consolidated with that of one or more

17  municipalities, may levy a discretionary sales surtax, subject

18  to approval by a majority vote of the electorate of the county

19  or by a charter amendment approved by a majority vote of the

20  electorate of the county.

21         (b)  The rate shall be up to 1 percent.

22         (c)  The proposal to adopt a discretionary sales surtax

23  as provided in this subsection and to create a trust fund

24  within the county accounts shall be placed on the ballot in

25  accordance with law at a time to be set at the discretion of

26  the governing body.

27         (d)  Proceeds from the surtax shall be applied to as

28  many or as few of the uses enumerated below in whatever

29  combination the county commission deems appropriate:

30         1.  Deposited by the county in the trust fund and shall

31  be used for the purposes of development, construction,


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    CS for CS for CS for SB 1928                   First Engrossed



 1  equipment, maintenance, operation, supportive services,

 2  including a countywide bus system, and related costs of a

 3  fixed guideway rapid transit system;

 4         2.  Remitted by the governing body of the county to an

 5  expressway, transit, or transportation authority created by

 6  law to be used, at the discretion of such authority, for the

 7  development, construction, operation, or maintenance of roads

 8  or bridges in the county, for the operation and maintenance of

 9  a bus system, for the payment of principal and interest on

10  existing bonds issued for the construction of such roads or

11  bridges, and, upon approval by the county commission, such

12  proceeds may be pledged for bonds issued to refinance existing

13  bonds or new bonds issued for the construction of such roads

14  or bridges;

15         3.  Used by the charter county for the development,

16  construction, operation, and maintenance of roads and bridges

17  in the county; for the expansion, operation, and maintenance

18  of bus and fixed guideway systems; and for the payment of

19  principal and interest on bonds issued for the construction of

20  fixed guideway rapid transit systems, bus systems, roads, or

21  bridges; and such proceeds may be pledged by the governing

22  body of the county for bonds issued to refinance existing

23  bonds or new bonds issued for the construction of such fixed

24  guideway rapid transit systems, bus systems, roads, or bridges

25  and no more than 25 percent used for nontransit uses; and

26         4.  Used by the charter county for the planning,

27  development, construction, operation, and maintenance of roads

28  and bridges in the county; for the planning, development,

29  expansion, operation, and maintenance of bus and fixed

30  guideway systems; and for the payment of principal and

31  interest on bonds issued for the construction of fixed


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    CS for CS for CS for SB 1928                   First Engrossed



 1  guideway rapid transit systems, bus systems, roads, or

 2  bridges; and such proceeds may be pledged by the governing

 3  body of the county for bonds issued to refinance existing

 4  bonds or new bonds issued for the construction of such fixed

 5  guideway rapid transit systems, bus systems, roads, or

 6  bridges. Pursuant to an interlocal agreement entered into

 7  pursuant to chapter 163, the governing body of the charter

 8  county may distribute proceeds from the tax to a municipality,

 9  or an expressway or transportation authority created by law to

10  be expended for the purpose authorized by this paragraph.

11         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

12         (e)  School districts, counties, and municipalities

13  receiving proceeds under the provisions of this subsection may

14  pledge such proceeds for the purpose of servicing new bond

15  indebtedness incurred pursuant to law. Local governments may

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

17  Board of Administration pursuant to the State Bond Act to

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

19  no case may a jurisdiction issue bonds pursuant to this

20  subsection more frequently than once per year. Counties and

21  municipalities may join together for the issuance of bonds

22  authorized by this subsection.

23         Section 13.  Subsection (1) of section 215.615, Florida

24  Statutes, is amended to read:

25         215.615  Fixed-guideway transportation systems

26  funding.--

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

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

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

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

31  refinance fixed capital expenditures for fixed-guideway


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  facilities appurtenant thereto, costs of issuance, and other

 3  amounts relating to such financing or refinancing. Such

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

 5  from sources other than revenues of the Department of

 6  Transportation, in a manner acceptable to the Department of

 7  Transportation. The Division of Bond Finance is authorized to

 8  consider innovative financing techniques, technologies which

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

10  structures of potential financings findings that may result in

11  negotiated transactions. The following conditions apply to the

12  issuance of revenue bonds for fixed-guideway transportation

13  systems:

14         (a)  The department and any participating commuter rail

15  authority or regional transportation authority established

16  under chapter 343, local governments, or local governments

17  collectively by interlocal agreement having jurisdiction of a

18  fixed-guideway transportation system may enter into an

19  interlocal agreement to promote the efficient and

20  cost-effective financing or refinancing of fixed-guideway

21  transportation system projects by revenue bonds issued

22  pursuant to this subsection. The terms of such interlocal

23  agreements shall include provisions for the Department of

24  Transportation to request the issuance of the bonds on behalf

25  of the parties; shall provide that after reimbursement

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

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

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

29  contractually liable for an equal share of funding an amount

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

31  shall include any other terms, provisions, or covenants


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    CS for CS for CS for SB 1928                   First Engrossed



 1  necessary to the making of and full performance under such

 2  interlocal agreement. Repayments made to the department under

 3  any interlocal agreement are not pledged to the repayment of

 4  bonds issued hereunder, and failure of the local governmental

 5  authority to make such payment shall not affect the obligation

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

 7         (b)  Revenue bonds issued pursuant to this subsection

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

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

10  issued pursuant to this section shall be payable from funds

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

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

13  revenues available for debt service shall never exceed a

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

15  State Transportation Trust Fund.

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

17  proceeds of the revenue bonds issued hereunder are designated

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

19  11(d), Art. VII of the State Constitution, and the specific

20  projects to be financed or refinanced shall be determined by

21  the Department of Transportation in accordance with state law

22  and appropriations from the State Transportation Trust Fund.

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

24  issued pursuant to this subsection must first be approved by

25  the Legislature by an act of general law.

26         (d)  Any complaint for validation of bonds issued

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

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

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

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

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


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  is pending.

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

 4  such revenue bonds or other instruments of indebtedness issued

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

 6  provisions in any manner that will materially and adversely

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

 8  by this subsection are outstanding.

 9         (f)  This subsection supersedes any inconsistent

10  provisions in existing law.

11  

12  Notwithstanding this subsection, the lien of revenue bonds

13  issued pursuant to this subsection on moneys deposited into

14  the State Transportation Trust Fund shall be subordinate to

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

16  320.20, and 215.616, and any pledge of such moneys to pay

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

18  chapter 348, as may be amended.

19         Section 14.  Subsection (1) of section 311.22, Florida

20  Statutes, is amended to read:

21         311.22  Additional authorization for funding certain

22  dredging projects.--

23         (1)  The Florida Seaport Transportation and Economic

24  Development Council shall establish a program to fund dredging

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

26  according to the last official census. Funds made available

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

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

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

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

31  complies with the permitting requirements in part IV of


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 1  chapter 373 and the local financial management and reporting

 2  provisions of part III of chapter 218.

 3         Section 15.  Section 316.2123, Florida Statutes, is

 4  amended to read:

 5         316.2123  Operation of an ATV on certain roadways.--

 6         (1)  The operation of an ATV, as defined in s.

 7  317.0003, upon the public roads or streets of this state is

 8  prohibited, except that an ATV may be operated during the

 9  daytime on an unpaved roadway where the posted speed limit is

10  less than 35 miles per hour by a licensed driver or by a minor

11  under the supervision of a licensed driver. The operator must

12  provide proof of ownership pursuant to chapter 317 upon

13  request by a law enforcement officer.

14         (2)  A county is exempt from this section if the

15  governing body of the county, by majority vote, following a

16  noticed public hearing, votes to exempt the county from this

17  section. Alternatively, a county may, by majority vote after

18  such a hearing, designate certain unpaved roadways where an

19  ATV may be operated during the daytime as long as each such

20  designated roadway has a posted speed limit of less than 35

21  miles per hour and is appropriately marked to indicate

22  permissible ATV use.

23         (3)  Any ATV operation that is permitted under

24  subsection (1) or subsection (2) may be undertaken only by a

25  licensed driver or a minor who is under the direct supervision

26  of a licensed driver. The operator must provide proof of

27  ownership under chapter 317 upon the request of a law

28  enforcement officer.

29         Section 16.  Subsection (1) of section 316.605, Florida

30  Statutes, is amended to read:

31         316.605  Licensing of vehicles.--


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    CS for CS for CS for SB 1928                   First Engrossed



 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 and no more than 24

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

16  and in such manner as to prevent the plates from swinging, and

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

18  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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    CS for CS for CS for SB 1928                   First Engrossed



 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 17.  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 $25 fine, or such other amount

24  as imposed by the governmental entity owning the applicable

25  toll facility, plus the amount of the unpaid toll that is

26  shown on the traffic citation directly to the governmental

27  entity that issued the citation, or on whose behalf the

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

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

30  disposition will be reported to the department by the

31  governmental entity that issued the citation, or on whose


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  against the person's driver's license.

 3         Section 18.  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, or

10  such other amount as imposed by the governmental entity owning

11  the applicable toll facility, plus the amount of the unpaid

12  toll that is shown on the traffic citation directly to the

13  governmental entity that issued the citation, or on whose

14  behalf the citation was issued, within 30 days after the date

15  of issuance of the citation. Any person cited for a violation

16  of s. 316.1001 who does not elect to pay the fine imposed by

17  the governmental entity owning the applicable toll facility

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

19  traffic citation directly to the governmental entity that

20  issued the citation, or on whose behalf the citation was

21  issued, as described in this subsection section shall have an

22  additional 45 days after the date of the issuance of the

23  citation in which to request a court hearing or to pay the

24  civil penalty and delinquent fee, if applicable, as provided

25  in s. 318.18(7), either by mail or in person, in accordance

26  with subsection (4).

27         Section 19.  Section 318.18, Florida Statutes, is

28  amended to read:

29         318.18  Amount of civil penalties.--The penalties

30  required for a noncriminal disposition pursuant to s. 318.14

31  or a criminal offense listed in s. 318.17 are as follows:


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (1)  Fifteen dollars for:

 2         (a)  All infractions of pedestrian regulations.

 3         (b)  All infractions of s. 316.2065, unless otherwise

 4  specified.

 5         (c)  Other violations of chapter 316 by persons 14

 6  years of age or under who are operating bicycles, regardless

 7  of the noncriminal traffic infraction's classification.

 8         (2)  Thirty dollars for all nonmoving traffic

 9  violations and:

10         (a)  For all violations of s. 322.19.

11         (b)  For all violations of ss. 320.0605, 320.07(1),

12  322.065, and 322.15(1). Any person who is cited for a

13  violation of s. 320.07(1) shall be charged a delinquent fee

14  pursuant to s. 320.07(4).

15         1.  If a person who is cited for a violation of s.

16  320.0605 or s. 320.07 can show proof of having a valid

17  registration at the time of arrest, the clerk of the court may

18  dismiss the case and may assess a dismissal fee of up to

19  $7.50. A person who finds it impossible or impractical to

20  obtain a valid registration certificate must submit an

21  affidavit detailing the reasons for the impossibility or

22  impracticality. The reasons may include, but are not limited

23  to, the fact that the vehicle was sold, stolen, or destroyed;

24  that the state in which the vehicle is registered does not

25  issue a certificate of registration; or that the vehicle is

26  owned by another person.

27         2.  If a person who is cited for a violation of s.

28  322.03, s. 322.065, or s. 322.15 can show a driver's license

29  issued to him or her and valid at the time of arrest, the

30  clerk of the court may dismiss the case and may assess a

31  dismissal fee of up to $7.50.


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    CS for CS for CS for SB 1928                   First Engrossed



 1         3.  If a person who is cited for a violation of s.

 2  316.646 can show proof of security as required by s. 627.733,

 3  issued to the person and valid at the time of arrest, the

 4  clerk of the court may dismiss the case and may assess a

 5  dismissal fee of up to $7.50. A person who finds it impossible

 6  or impractical to obtain proof of security must submit an

 7  affidavit detailing the reasons for the impracticality. The

 8  reasons may include, but are not limited to, the fact that the

 9  vehicle has since been sold, stolen, or destroyed; that the

10  owner or registrant of the vehicle is not required by s.

11  627.733 to maintain personal injury protection insurance; or

12  that the vehicle is owned by another person.

13         (c)  For all violations of ss. 316.2935 and 316.610.

14  However, for a violation of s. 316.2935 or s. 316.610, if the

15  person committing the violation corrects the defect and

16  obtains proof of such timely repair by an affidavit of

17  compliance executed by the law enforcement agency within 30

18  days from the date upon which the traffic citation was issued,

19  and pays $4 to the law enforcement agency, thereby completing

20  the affidavit of compliance, then upon presentation of said

21  affidavit by the defendant to the clerk within the 30-day time

22  period set forth under s. 318.14(4), the fine must be reduced

23  to $7.50, which the clerk of the court shall retain.

24         (d)  For all violations of s. 316.126(1)(b), unless

25  otherwise specified.

26         (3)(a)  Except as otherwise provided in this section,

27  $60 for all moving violations not requiring a mandatory

28  appearance.

29         (b)  For moving violations involving unlawful speed,

30  the fines are as follows:

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1  For speed exceeding the limit by:                        Fine:

 2  1-5 m.p.h..............................................Warning

 3  6-9 m.p.h..................................................$25

 4  10-14 m.p.h...............................................$100

 5  15-19 m.p.h...............................................$125

 6  20-29 m.p.h...............................................$150

 7  30 m.p.h. and above.......................................$250

 8         (c)  Notwithstanding paragraph (b), a person cited for

 9  exceeding the speed limit by up to 5 m.p.h. in a legally

10  posted school zone will be fined $50. A person exceeding the

11  speed limit in a school zone shall pay a fine double the

12  amount listed in paragraph (b).

13         (d)  A person cited for exceeding the speed limit in a

14  posted construction zone, which posting must include

15  notification of the speed limit and the doubling of fines,

16  shall pay a fine double the amount listed in paragraph (b).

17  The fine shall be doubled for construction zone violations

18  only if construction personnel are present or operating

19  equipment on the road or immediately adjacent to the road

20  under construction.

21         (e)  A person cited for exceeding the speed limit in an

22  enhanced penalty zone shall pay a fine amount of $50 plus the

23  amount listed in paragraph (b). Notwithstanding paragraph (b),

24  a person cited for exceeding the speed limit by up to 5 m.p.h.

25  in a legally posted enhanced penalty zone shall pay a fine

26  amount of $50.

27         (f)  If a violation of s. 316.1301 or s. 316.1303

28  results in an injury to the pedestrian or damage to the

29  property of the pedestrian, an additional fine of up to $250

30  shall be paid. This amount must be distributed pursuant to s.

31  318.21.


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (g)  A person cited for exceeding the speed limit

 2  within a zone posted for any electronic or manual toll

 3  collection facility shall pay a fine double the amount listed

 4  in paragraph (b). However, no person cited for exceeding the

 5  speed limit in any toll collection zone shall be subject to a

 6  doubled fine unless the governmental entity or authority

 7  controlling the toll collection zone first installs a traffic

 8  control device providing warning that speeding fines are

 9  doubled. Any such traffic control device must meet the

10  requirements of the uniform system of traffic control devices.

11         (h)  A person cited for a second or subsequent

12  conviction of speed exceeding the limit by 30 miles per hour

13  and above within a 12-month period shall pay a fine that is

14  double the amount listed in paragraph (b). For purposes of

15  this paragraph, the term "conviction" means a finding of guilt

16  as a result of a jury verdict, nonjury trial, or entry of a

17  plea of guilty. Moneys received from the increased fine

18  imposed by this paragraph shall be remitted to the Department

19  of Revenue and deposited into the Department of Health

20  Administrative Trust Fund to provide financial support to

21  certified trauma centers to assure the availability and

22  accessibility of trauma services throughout the state. Funds

23  deposited into the Administrative Trust Fund under this

24  section shall be allocated as follows:

25         1.  Fifty percent shall be allocated equally among all

26  Level I, Level II, and pediatric trauma centers in recognition

27  of readiness costs for maintaining trauma services.

28         2.  Fifty percent shall be allocated among Level I,

29  Level II, and pediatric trauma centers based on each center's

30  relative volume of trauma cases as reported in the Department

31  of Health Trauma Registry.


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (4)  The penalty imposed under s. 316.545 shall be

 2  determined by the officer in accordance with the provisions of

 3  ss. 316.535 and 316.545.

 4         (5)(a)  One hundred dollars for a violation of s.

 5  316.172(1)(a), failure to stop for a school bus. If, at a

 6  hearing, the alleged offender is found to have committed this

 7  offense, the court shall impose a minimum civil penalty of

 8  $100. In addition to this penalty, for a second or subsequent

 9  offense within a period of 5 years, the department shall

10  suspend the driver's license of the person for not less than

11  90 days and not more than 6 months.

12         (b)  Two hundred dollars for a violation of s.

13  316.172(1)(b), passing a school bus on the side that children

14  enter and exit when the school bus displays a stop signal. If,

15  at a hearing, the alleged offender is found to have committed

16  this offense, the court shall impose a minimum civil penalty

17  of $200. In addition to this penalty, for a second or

18  subsequent offense within a period of 5 years, the department

19  shall suspend the driver's license of the person for not less

20  than 180 days and not more than 1 year.

21         (6)  One hundred dollars or the fine amount designated

22  by county ordinance, plus court costs for illegally parking,

23  under s. 316.1955, in a parking space provided for people who

24  have disabilities. However, this fine will be waived if a

25  person provides to the law enforcement agency that issued the

26  citation for such a violation proof that the person committing

27  the violation has a valid parking permit or license plate

28  issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.

29  320.0845, or s. 320.0848 or a signed affidavit that the owner

30  of the disabled parking permit or license plate was present at

31  the time the violation occurred, and that such a parking


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    CS for CS for CS for SB 1928                   First Engrossed



 1  permit or license plate was valid at the time the violation

 2  occurred. The law enforcement officer, upon determining that

 3  all required documentation has been submitted verifying that

 4  the required parking permit or license plate was valid at the

 5  time of the violation, must sign an affidavit of compliance.

 6  Upon provision of the affidavit of compliance and payment of a

 7  dismissal fee of up to $7.50 to the clerk of the circuit

 8  court, the clerk shall dismiss the citation.

 9         (7)  Mandatory $100 fine One hundred dollars for each a

10  violation of s. 316.1001 plus the amount of the unpaid toll

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

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

13  received, plus the amount of the unpaid toll that is shown on

14  the citation, to the governmental entity that issued the

15  citation, or on whose behalf the citation was issued. If a

16  plea arrangement is reached prior to the date set for a

17  scheduled evidentiary hearing and adjudication is withheld,

18  there shall be a mandatory fine assessed per citation of not

19  less than $50 and not more than $100, plus the amount of the

20  unpaid toll for each citation issued. The clerk of the court

21  shall forward $25 of the fine imposed plus the amount of the

22  unpaid toll that is shown on the citation to the governmental

23  entity that issued the citation or on whose behalf the

24  citation was issued. The court shall have specific authority

25  to consolidate issued citations for the same defendant for the

26  purpose of sentencing and aggregate jurisdiction. In addition,

27  the department shall suspend for 60 days the driver's license

28  of a person who is convicted of 10 violations of s. 316.1001

29  within a 36-month period. However, a person may elect to pay

30  $30 to the clerk of the court, in which case adjudication is

31  withheld, and no points are assessed under s. 322.27. Upon


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    CS for CS for CS for SB 1928                   First Engrossed



 1  receipt of the fine, the clerk of the court must retain $5 for

 2  administrative purposes and must forward the $25 to the

 3  governmental entity that issued the citation. Any funds

 4  received by a governmental entity for this violation may be

 5  used for any lawful purpose related to the operation or

 6  maintenance of a toll facility.

 7         (8)(a)  Any person who fails to comply with the court's

 8  requirements or who fails to pay the civil penalties specified

 9  in this section within the 30-day period provided for in s.

10  318.14 must pay an additional civil penalty of $12, $2.50 of

11  which must be remitted to the Department of Revenue for

12  deposit in the General Revenue Fund, and $9.50 of which must

13  be remitted to the Department of Revenue for deposit in the

14  Highway Safety Operating Trust Fund. The department shall

15  contract with the Florida Association of Court Clerks, Inc.,

16  to design, establish, operate, upgrade, and maintain an

17  automated statewide Uniform Traffic Citation Accounting System

18  to be operated by the clerks of the court which shall include,

19  but not be limited to, the accounting for traffic infractions

20  by type, a record of the disposition of the citations, and an

21  accounting system for the fines assessed and the subsequent

22  fine amounts paid to the clerks of the court. On or before

23  December 1, 2001, the clerks of the court must provide the

24  information required by this chapter to be transmitted to the

25  department by electronic transmission pursuant to the

26  contract.

27         (b)  Any person who fails to comply with the court's

28  requirements as to civil penalties specified in this section

29  due to demonstrable financial hardship shall be authorized to

30  satisfy such civil penalties by public works or community

31  service. Each hour of such service shall be applied, at the


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    CS for CS for CS for SB 1928                   First Engrossed



 1  rate of the minimum wage, toward payment of the person's civil

 2  penalties; provided, however, that if the person has a trade

 3  or profession for which there is a community service need and

 4  application, the rate for each hour of such service shall be

 5  the average standard wage for such trade or profession. Any

 6  person who fails to comply with the court's requirements as to

 7  such civil penalties who does not demonstrate financial

 8  hardship may also, at the discretion of the court, be

 9  authorized to satisfy such civil penalties by public works or

10  community service in the same manner.

11         (c)  If the noncriminal infraction has caused or

12  resulted in the death of another, the person who committed the

13  infraction may perform 120 community service hours under s.

14  316.027(4), in addition to any other penalties.

15         (9)  One hundred dollars for a violation of s.

16  316.1575.

17         (10)  Twenty-five dollars for a violation of s.

18  316.2074.

19         (11)(a)  In addition to the stated fine, court costs

20  must be paid in the following amounts and shall be deposited

21  by the clerk into the fine and forfeiture fund established

22  pursuant to s. 142.01:

23  

24  For pedestrian infractions................................$ 3.

25  For nonmoving traffic infractions........................$ 16.

26  For moving traffic infractions...........................$ 30.

27  

28         (b)  In addition to the court cost required under

29  paragraph (a), up to $3 for each infraction shall be collected

30  and distributed by the clerk in those counties that have been

31  authorized to establish a criminal justice selection center or


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    CS for CS for CS for SB 1928                   First Engrossed



 1  a criminal justice access and assessment center pursuant to

 2  the following special acts of the Legislature:

 3         1.  Chapter 87-423, Laws of Florida, for Brevard

 4  County.

 5         2.  Chapter 89-521, Laws of Florida, for Bay County.

 6         3.  Chapter 94-444, Laws of Florida, for Alachua

 7  County.

 8         4.  Chapter 97-333, Laws of Florida, for Pinellas

 9  County.

10  

11  Funds collected by the clerk pursuant to this paragraph shall

12  be distributed to the centers authorized by those special

13  acts.

14         (c)  In addition to the court cost required under

15  paragraph (a), a $2.50 court cost must be paid for each

16  infraction to be distributed by the clerk to the county to

17  help pay for criminal justice education and training programs

18  pursuant to s. 938.15. Funds from the distribution to the

19  county not directed by the county to fund these centers or

20  programs shall be retained by the clerk and used for funding

21  the court-related services of the clerk.

22         (d)  In addition to the court cost required under

23  paragraph (a), a $3 court cost must be paid for each

24  infraction to be distributed as provided in s. 938.01 and a $2

25  court cost as provided in s. 938.15 when assessed by a

26  municipality or county.

27         (12)  Two hundred dollars for a violation of s.

28  316.520(1) or (2). If, at a hearing, the alleged offender is

29  found to have committed this offense, the court shall impose a

30  minimum civil penalty of $200. For a second or subsequent

31  adjudication within a period of 5 years, the department shall


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    CS for CS for CS for SB 1928                   First Engrossed



 1  suspend the driver's license of the person for not less than 1

 2  year and not more than 2 years.

 3         (13)  In addition to any penalties imposed for

 4  noncriminal traffic infractions pursuant to this chapter or

 5  imposed for criminal violations listed in s. 318.17, a board

 6  of county commissioners or any unit of local government which

 7  is consolidated as provided by s. 9, Art. VIII of the State

 8  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

 9  the Constitution of 1968:

10         (a)  May impose by ordinance a surcharge of up to $15

11  for any infraction or violation to fund state court

12  facilities. The court shall not waive this surcharge. Up to 25

13  percent of the revenue from such surcharge may be used to

14  support local law libraries provided that the county or unit

15  of local government provides a level of service equal to that

16  provided prior to July 1, 2004, which shall include the

17  continuation of library facilities located in or near the

18  county courthouse or annexes.

19         (b)  That imposed increased fees or service charges by

20  ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the

21  purpose of securing payment of the principal and interest on

22  bonds issued by the county before July 1, 2003, to finance

23  state court facilities, may impose by ordinance a surcharge

24  for any infraction or violation for the exclusive purpose of

25  securing payment of the principal and interest on bonds issued

26  by the county before July 1, 2003, to fund state court

27  facilities until the date of stated maturity. The court shall

28  not waive this surcharge. Such surcharge may not exceed an

29  amount per violation calculated as the quotient of the maximum

30  annual payment of the principal and interest on the bonds as

31  of July 1, 2003, divided by the number of traffic citations


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    CS for CS for CS for SB 1928                   First Engrossed



 1  for county fiscal year 2002-2003 certified as paid by the

 2  clerk of the court of the county. Such quotient shall be

 3  rounded up to the next highest dollar amount. The bonds may be

 4  refunded only if savings will be realized on payments of debt

 5  service and the refunding bonds are scheduled to mature on the

 6  same date or before the bonds being refunded. Notwithstanding

 7  any of the foregoing provisions of this paragraph that limit

 8  the use of surcharge revenues, if the revenues generated as a

 9  result of the adoption of this ordinance exceed the debt

10  service on the bonds, the surplus revenues may be used to pay

11  down the debt service on the bonds; fund other

12  state-court-facility construction projects as may be certified

13  by the chief judge as necessary to address unexpected growth

14  in caseloads, emergency requirements to accommodate public

15  access, threats to the safety of the public, judges, staff,

16  and litigants, or other exigent circumstances; or support

17  local law libraries in or near the county courthouse or

18  annexes.

19  

20  A county may not impose both of the surcharges authorized

21  under paragraphs (a) and (b) concurrently. The clerk of court

22  shall report, no later than 30 days after the end of the

23  quarter, the amount of funds collected under this subsection

24  during each quarter of the fiscal year. The clerk shall submit

25  the report, in a format developed by the Office of State

26  Courts Administrator, to the chief judge of the circuit, the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives.

29         (14)  In addition to any penalties imposed for

30  noncriminal traffic infractions under this chapter or imposed

31  for criminal violations listed in s. 318.17, any unit of local


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    CS for CS for CS for SB 1928                   First Engrossed



 1  government that is consolidated as provided by s. 9, Art. VIII

 2  of the State Constitution of 1885, as preserved by s. 6(e),

 3  Art. VIII of the State Constitution of 1968, and that is

 4  granted the authority in the State Constitution to exercise

 5  all the powers of a municipal corporation, and any unit of

 6  local government operating under a home rule charter adopted

 7  pursuant to ss. 10, 11, and 24, Art. VIII of the State

 8  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

 9  the State Constitution of 1968, that is granted the authority

10  in the State Constitution to exercise all the powers conferred

11  now or hereafter by general law upon municipalities, may

12  impose by ordinance a surcharge of up to $15 for any

13  infraction or violation. Revenue from the surcharge shall be

14  transferred to such unit of local government for the purpose

15  of replacing fine revenue deposited into the clerk's fine and

16  forfeiture fund under s. 142.01. The court may not waive this

17  surcharge. Proceeds from the imposition of the surcharge

18  authorized in this subsection shall not be used for the

19  purpose of securing payment of the principal and interest on

20  bonds. This subsection, and any surcharge imposed pursuant to

21  this subsection, shall stand repealed September 30, 2007.

22         (15)  One hundred twenty-five dollars for a violation

23  of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has

24  failed to stop at a traffic signal. Sixty dollars shall be

25  distributed as provided in s. 318.21, and the remaining $65

26  shall be remitted to the Department of Revenue for deposit

27  into the Administrative Trust Fund of the Department of

28  Health.

29         (16)  One hundred dollars for a violation of s.

30  316.622(3) or (4), for a vehicle that fails to display a

31  sticker authorizing it to transport migrant or seasonal farm


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    CS for CS for CS for SB 1928                   First Engrossed



 1  workers or fails to display standardized notification

 2  instructions requiring passengers to fasten their seat belts.

 3  Two hundred dollars for a violation of s. 316.622(1) or (2),

 4  for operating a farm labor vehicle that fails to conform to

 5  vehicle safety standards or lacks seat belt assemblies at each

 6  passenger position.

 7         (17)  In addition to any penalties imposed, a surcharge

 8  of $3 must be paid for all criminal offenses listed in s.

 9  318.17 and for all noncriminal moving traffic violations under

10  chapter 316. Revenue from the surcharge shall be remitted to

11  the Department of Revenue and deposited quarterly into the

12  State Agency Law Enforcement Radio System Trust Fund of the

13  Department of Management Services for the state agency law

14  enforcement radio system, as described in s. 282.1095. This

15  subsection expires July 1, 2012.

16         Section 20.  Subsection (17) is added to section

17  318.21, Florida Statutes, to read:

18         318.21  Disposition of civil penalties by county

19  courts.--All civil penalties received by a county court

20  pursuant to the provisions of this chapter shall be

21  distributed and paid monthly as follows:

22         (17)  Notwithstanding subsections (1) and (2), the

23  proceeds from the surcharge imposed under s. 318.18(17) shall

24  be distributed as provided in that subsection. This subsection

25  expires July 1, 2012.

26         Section 21.  Section 320.061, Florida Statutes, is

27  amended to read:

28         320.061  Unlawful to alter motor vehicle registration

29  certificates, license plates, mobile home stickers, or

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

31  person shall alter the original appearance of any registration


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  vehicle registration certificate issued for and assigned to

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

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

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

 6  reflective matter, illuminated device, spray, coating,

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

 8  that interferes with the legibility, angular visibility, or

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

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

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

12  this section commits is guilty of a misdemeanor of the second

13  degree, punishable as provided in s. 775.082 or s. 775.083.

14         Section 22.  Paragraph (c) of subsection (6) and

15  subsection (8) of section 332.007, Florida Statutes, are

16  amended to read:

17         332.007  Administration and financing of aviation and

18  airport programs and projects; state plan.--

19         (6)  Subject to the availability of appropriated funds,

20  the department may participate in the capital cost of eligible

21  public airport and aviation development projects in accordance

22  with the following rates, unless otherwise provided in the

23  General Appropriations Act or the substantive bill

24  implementing the General Appropriations Act:

25         (c)  When federal funds are not available, the

26  department may fund up to 80 percent of master planning and

27  eligible aviation development projects at publicly owned,

28  publicly operated airports. If federal funds are available,

29  the department may fund up to 80 percent of the nonfederal

30  share of such projects. Such funding is limited to airports

31  that have no scheduled commercial service.


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (8)  Notwithstanding any other provision of law to the

 2  contrary, the department is authorized to fund security

 3  projects at provide operational and maintenance assistance to

 4  publicly owned public-use airports. Such assistance shall be

 5  to comply with enhanced federal security requirements or to

 6  address related economic impacts from the events of September

 7  11, 2001. For projects in the current adopted work program, or

 8  projects added using the available budget of the department,

 9  airports may request the department change the project purpose

10  in accordance with this provision notwithstanding the

11  provisions of s. 339.135(7). For purposes of this subsection,

12  the department may fund up to 100 percent of eligible project

13  costs that are not funded by the Federal Government. Prior to

14  releasing any funds under this section, the department shall

15  review and approve the expenditure plans submitted by the

16  airport. The department shall inform the Legislature of any

17  change that it approves under this subsection. This subsection

18  shall expire on June 30, 2012 2007.

19         Section 23.  Subsection (4) of section 332.14, Florida

20  Statutes, is amended to read:

21         332.14  Secure Airports for Florida's Economy

22  Council.--

23         (4)  The council shall adopt bylaws governing the

24  manner in which the business of the council will be conducted.

25  The bylaws shall specify the procedure by which the chair of

26  the council is elected. The council shall meet at the call of

27  its chair, at the request of a majority of its membership, or

28  at such times as may be prescribed in its bylaws. However, the

29  council must meet at least twice a year. Except for the

30  members under paragraphs (2)(d), (e), and (f), all members of

31  the council are voting members. A majority of voting members


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    CS for CS for CS for SB 1928                   First Engrossed



 1  of the council constitutes a quorum for the purpose of

 2  transacting the business of the council. A vote of the

 3  majority of the members present is sufficient for any action

 4  of the council, except that a member representing the

 5  Department of Transportation, the Department of Community

 6  Affairs, the Department of Law Enforcement, or the Office of

 7  Tourism, Trade, and Economic Development may vote to overrule

 8  any action of the council approving a project pursuant to

 9  paragraph (7)(a). The bylaws of the council may require a

10  greater vote for a particular action.

11         Section 24.  Section 334.351, Florida Statutes, is

12  amended to read:

13         334.351  Youth work experience program; findings and

14  intent; authority to contract; limitation.--

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

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

17  obtain public service work and training experience that

18  protects and conserves the valuable resources of the state and

19  promotes participation in other community enhancement

20  projects. Notwithstanding the requirements of chapters 287 and

21  337, the Department of Transportation is authorized to

22  contract with public agencies and nonprofit organizations for

23  the performance of work related to the construction and

24  maintenance of transportation-related facilities by youths

25  enrolled in youth work experience programs. The total amount

26  of contracts entered into by the department under this section

27  in any fiscal year may not exceed the amount specifically

28  appropriated by the Legislature for this program.

29         (2)  Each nonprofit youth organization that provides

30  services under a contract with the department must certify

31  that each young person enrolled in its work experience program


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  driver's license or identification card.

 3         (3)  When selecting a nonprofit youth organization to

 4  perform work on transportation-related facilities and before

 5  awarding a contract under this section, the department must

 6  consider the following criteria:

 7         (a)  The number of participants receiving

 8  life-management skills training;

 9         (b)  The number of participants receiving high school

10  diplomas or GEDs;

11         (c)  The number of participants receiving scholarships;

12         (d)  The number of participants receiving bonuses;

13         (e)  The number of participants who have secured

14  full-time jobs; and

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

16  development of disadvantaged youths.

17         (4)  Each nonprofit youth organization under contract

18  with the department must:

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

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

21  be limited to, the applicable performance of the organization

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

23  organization's most recently completed fiscal year.

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

25  financial records to the department each year. The

26  organization's contract with the department must allow the

27  department the right to inspect the organization's financial

28  and program records.

29         (c)  Demonstrate participation in a peer assessment or

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

31  the National Association of Service and Conservation Corps.


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    CS for CS for CS for SB 1928                   First Engrossed



 1         Section 25.  Paragraph (c) of subsection (1) of section

 2  336.025, Florida Statutes, is amended to read:

 3         336.025  County transportation system; levy of local

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

 5         (1)

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

 7  Division of Bond Finance of the State Board of Administration

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

 9  provisions of this section and may pledge the revenues from

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

11  no case may a jurisdiction issue bonds pursuant to this

12  section more frequently than once per year. Counties and

13  municipalities may join together for the issuance of bonds

14  issued pursuant to this section.

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

16  Statutes, is amended to read:

17         336.41  Counties; employing labor and providing road

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

19         (3)  All construction and reconstruction of roads and

20  bridges, including resurfacing, full scale mineral seal

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

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

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

24  contract to the lowest responsible bidder by competitive bid,

25  except for:

26         (a)  Construction and maintenance in emergency

27  situations, and

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

29  reconstruction, including resurfacing, mineral seal coating,

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

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


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  greater, and

 3         (c)  Construction of sidewalks, curbing, accessibility

 4  ramps, or appurtenances incidental to roads and bridges if

 5  each project is estimated in accordance with generally

 6  accepted cost-accounting principles to have total construction

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

 8  percentage change in the Construction Cost Index from January

 9  1, 2008,

10  

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

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

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

14  construct the project, notwithstanding the limitation of this

15  subsection. Nothing in this section shall prevent the county

16  from performing routine maintenance as authorized by law.

17         Section 27.  Construction aggregate materials.--

18         (1)  DEFINITIONS.--"Construction aggregate materials"

19  means crushed stone, limestone, dolomite, limerock, shell

20  rock, cemented coquina, sand for use as a component of

21  mortars, concrete, bituminous mixtures, or underdrain filters,

22  and other mined resources providing the basic material for

23  concrete, asphalt, and road base.

24         (2)  LEGISLATIVE INTENT.--The Legislature finds that

25  there is a strategic and critical need for an available supply

26  of construction aggregate materials within the state and that

27  a disruption of the supply would cause a significant detriment

28  to the state's construction industry, transportation system,

29  and overall health, safety, and welfare.

30         (3)  LOCAL GOVERNMENT DECISIONMAKING.--No local

31  government shall approve or deny a proposed land use zoning


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    CS for CS for CS for SB 1928                   First Engrossed



 1  change, comprehensive plan amendment, land use permit,

 2  ordinance, or order regarding construction aggregate materials

 3  without considering any information provided by the Department

 4  of Transportation regarding the effect such change, amendment,

 5  permit decision, ordinance, or order would have on the

 6  availability, transportation, and potential extraction of

 7  construction aggregate materials on the local area, the

 8  region, and the state. The failure of the Department of

 9  Transportation to provide this information shall not be a

10  basis for delay or invalidation of the local government

11  action. No local government may impose a moratorium, or

12  combination of moratoria, of more than 12 months' duration on

13  the mining or extraction of construction aggregate materials,

14  commencing on the date the vote was taken to impose the

15  moratorium. January 1, 2007, shall serve as the commencement

16  of the 12-month period for moratoria already in place as of

17  July 1, 2007.

18         (4)  EXPEDITED PERMITTING.--Due to the state's critical

19  infrastructure needs and the potential shortfall in available

20  construction aggregate materials, limerock environmental

21  resource permitting and reclamation applications filed after

22  March 1, 2007, are eligible for the expedited permitting

23  processes contained in s. 403.973, Florida Statutes.

24  Challenges to state agency action in the expedited permitting

25  process for establishment of a limerock mine in this state

26  under s. 403.973, Florida Statutes, are subject to the same

27  requirements as challenges brought under s. 403.973(15)(a),

28  Florida Statutes, except that, notwithstanding s. 120.574,

29  Florida Statutes, summary proceedings must be conducted within

30  30 days after a party files the motion for summary hearing,

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1  regardless of whether the parties agree to the summary

 2  proceeding.

 3         (5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--

 4         (a)  The Strategic Aggregates Review Task Force is

 5  created to evaluate the availability and disposition of

 6  construction aggregate materials and related mining and land

 7  use practices in this state.

 8         (b)  The task force shall be appointed by August 1,

 9  2007, and shall be composed of the following 19 members:

10         1.  The President of the Senate, the Speaker of the

11  House of Representatives, and the Governor shall each appoint

12  one member from each of the following groups:

13         a.  The mining industry.

14         b.  The construction industry.

15         c.  The transportation industries, including seaports,

16  trucking, railroads, or roadbuilders.

17         d.  Elected officials representing counties identified

18  by the Department of Transportation as limestone or sand

19  resource areas. Rural, midsize, and urban counties shall each

20  have one elected official on the task force.

21         e.  Environmental advocacy groups.

22         2.  The Secretary of Environmental Protection or

23  designee.

24         3.  The Secretary of Community Affairs or designee.

25         4.  The Secretary of Transportation or designee.

26         5.  One member appointed by the Florida League of

27  Cities, Inc.

28         (c)  Members of the commission shall serve without

29  compensation. Travel and per diem expenses for members who are

30  not state employees shall be paid by the Department of

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1  Transportation in accordance with s. 112.061, Florida

 2  Statutes.

 3         (d)  The Department of Transportation shall organize

 4  and provide administrative support for the task force and

 5  coordinate with other state agencies and local governments in

 6  obtaining and providing such data and information as may be

 7  needed by the task force to complete its evaluation. The

 8  department may conduct any supporting studies as are required

 9  to obtain needed information or otherwise assist the task

10  force in its review and deliberations.

11         (e)  The Department of Transportation shall collect and

12  provide information to the task force relating to construction

13  aggregate materials and the amount of such materials used by

14  the department on state road infrastructure projects and shall

15  provide any technical and supporting information relating to

16  the use of such materials as is available to the department.

17         (f)  The task force shall report its findings to the

18  Governor, the President of the Senate, and the Speaker of the

19  House of Representatives by February 1, 2008. The report must

20  identify locations with significant concentrations of

21  construction aggregate materials and recommend actions

22  intended to ensure the continued extraction and availability

23  of construction aggregate materials.

24         (g)  The task force shall be dissolved on July 1, 2008.

25         Section 28.  Section 337.026, Florida Statutes, is

26  created to read:

27         337.026  Authority of department to enter into

28  agreements for construction aggregate materials.--

29         (1)  The department may pursue procurement techniques

30  that will provide the department with reliable and economic

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1  supplies of construction aggregate materials and control time

 2  and cost increases on construction projects.

 3         (2)  The department may enter into agreements with

 4  private or public entities. Such agreements may include, but

 5  are not limited to, department acquisition of materials or

 6  resources or long-term leases for a term not to exceed 99

 7  years that will advance the state's transportation needs.

 8         (3)  To the maximum extent practical, the department

 9  must use the existing process to award and administer such

10  procurement techniques. When techniques authorized by this

11  section are to be used, the department is not required to

12  adhere to provisions of law that would prevent, preclude, or

13  prohibit it from using this procurement technique. However,

14  prior to using this procurement technique, the department must

15  document in writing the need for the exception and identify

16  the benefits the traveling public and the affected community

17  are anticipated to receive.

18         Section 29.  Paragraph (a) of subsection (3) of section

19  337.11, Florida Statutes, is amended to read:

20         337.11  Contracting authority of department; bids;

21  emergency repairs, supplemental agreements, and change orders;

22  combined design and construction contracts; progress payments;

23  records; requirements of vehicle registration.--

24         (3)(a)  On all construction contracts of $250,000 or

25  less, and any construction contract of less than $500,000 for

26  which the department has waived prequalification under s.

27  337.14, the department shall advertise for bids in a newspaper

28  having general circulation in the county where the proposed

29  work is located. Publication shall be at least once a week for

30  no less than 2 consecutive weeks, and the first publication

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1  shall be no less than 14 days prior to the date on which bids

 2  are to be received.

 3         Section 30.  Subsection (1) of section 337.14, Florida

 4  Statutes, is amended to read:

 5         337.14  Application for qualification; certificate of

 6  qualification; restrictions; request for hearing.--

 7         (1)  Any person desiring to bid for the performance of

 8  any construction contract in excess of $250,000 which the

 9  department proposes to let must first be certified by the

10  department as qualified pursuant to this section and rules of

11  the department. The rules of the department shall address the

12  qualification of persons to bid on construction contracts in

13  excess of $250,000 and shall include requirements with respect

14  to the equipment, past record, experience, financial

15  resources, and organizational personnel of the applicant

16  necessary to perform the specific class of work for which the

17  person seeks certification. The department is authorized to

18  limit the dollar amount of any contract upon which a person is

19  qualified to bid or the aggregate total dollar volume of

20  contracts such person is allowed to have under contract at any

21  one time. Each applicant seeking qualification to bid on

22  construction contracts in excess of $250,000 shall furnish the

23  department a statement under oath, on such forms as the

24  department may prescribe, setting forth detailed information

25  as required on the application. Each application for

26  certification shall be accompanied by the latest annual

27  financial statement of the applicant completed within the last

28  12 months. If the annual financial statement shows the

29  financial condition of the applicant more than 4 months prior

30  to the date on which the application is received by the

31  department, then an interim financial statement must also be


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 1  submitted. The interim financial statement must cover the

 2  period from the end date of the annual statement and must show

 3  the financial condition of the applicant no more than 4 months

 4  prior to the date on which the application is received by the

 5  department. Each required annual or interim financial

 6  statement must be audited and accompanied by the opinion of a

 7  certified public accountant or a public accountant approved by

 8  the department. The information required by this subsection is

 9  confidential and exempt from the provisions of s.

10  119.07(1).  The department shall act upon the application for

11  qualification within 30 days after the department determines

12  that the application is complete. The department may waive the

13  requirements of this subsection for projects having a contract

14  price of $500,000 or less if the department determines that

15  the project is of a noncritical nature and the waiver will not

16  endanger public health, safety, or property.

17         Section 31.  Paragraph (a) of subsection (1) of section

18  337.18, Florida Statutes, is amended to read:

19         337.18  Surety bonds for construction or maintenance

20  contracts; requirement with respect to contract award; bond

21  requirements; defaults; damage assessments.--

22         (1)(a)  A surety bond shall be required of the

23  successful bidder in an amount equal to the awarded contract

24  price. However, the department may choose, in its discretion

25  and applicable only to multiyear maintenance contracts, to

26  allow for incremental annual contract bonds that cumulatively

27  total the full, awarded, multiyear contract price. For a

28  project for which the contract price is $250,000 $150,000 or

29  less, the department may waive the requirement for all or a

30  portion of a surety bond if it determines the project is of a

31  noncritical nature and nonperformance will not endanger public


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 1  health, safety, or property. If the secretary or his designee

 2  determines that it is in the best interests of the department

 3  to reduce the bonding requirement for a project and that to do

 4  so will not endanger public health, safety, or property, the

 5  department may waive the requirement of a surety bond in an

 6  amount equal to the awarded contract price for a project

 7  having a contract price of $250 million or more and, in its

 8  place, may set a surety bond amount that is a portion of the

 9  total contract price and provide an alternate means of

10  security for the balance of the contract amount that is not

11  covered by the surety bond or provide for incremental surety

12  bonding and provide an alternate means of security for the

13  balance of the contract amount that is not covered by the

14  surety bond. Such alternative means of security may include

15  letters of credit, United States bonds and notes, parent

16  company guarantees, and cash collateral. The department may

17  require alternate means of security if a surety bond is

18  waived. The surety on such bond shall be a surety company

19  authorized to do business in the state. All bonds shall be

20  payable to the department and conditioned for the prompt,

21  faithful, and efficient performance of the contract according

22  to plans and specifications and within the time period

23  specified, and for the prompt payment of all persons defined

24  in s. 713.01 furnishing labor, material, equipment, and

25  supplies for work provided in the contract; however, whenever

26  an improvement, demolition, or removal contract price is

27  $25,000 or less, the security may, in the discretion of the

28  bidder, be in the form of a cashier's check, bank money order

29  of any state or national bank, certified check, or postal

30  money order. The department shall adopt rules to implement

31  this subsection. Such rules shall include provisions under


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 1  which the department shall refuse to accept bonds on contracts

 2  when a surety wrongfully fails or refuses to settle or provide

 3  a defense for claims or actions arising under a contract for

 4  which the surety previously furnished a bond.

 5         Section 32.  Section 338.161, Florida Statutes, is

 6  amended to read:

 7         338.161  Authority of department or toll agencies to

 8  advertise and promote electronic toll collection; expanded

 9  uses of electronic toll collection system; studies

10  authorized.--

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

12  paid advertising, marketing, and promotion of toll facilities

13  and electronic toll collection products and services.

14  Promotions may include discounts and free products.

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

16  advertising placed on electronic toll collection products and

17  promotional materials to defray the costs of products and

18  services.

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

20  statute may incur expenses to advertise or promote its

21  electronic toll collection system to consumers on or off the

22  turnpike or toll system.

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

24  statute finds that it can increase nontoll revenues or add

25  convenience or other value for its customers, the department

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

27  public entity allowing the use of its electronic toll

28  collection system to pay parking fees for vehicles equipped

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

30  agency may initiate feasibility studies of additional future

31  


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 1  uses of its electronic toll collection system and make

 2  recommendations to the Legislature to authorize such uses.

 3         Section 33.  Subsections (1), (3), and (4) of section

 4  338.2275, Florida Statutes, are amended to read:

 5         338.2275  Approved turnpike projects.--

 6         (1)  Legislative approval of the department's tentative

 7  work program that contains the turnpike project constitutes

 8  approval to issue bonds as required by s. 11(f), Art. VII of

 9  the State Constitution. No more than $10 billion of bonds may

10  be outstanding to fund approved turnpike projects. Turnpike

11  projects approved to be included in future tentative work

12  programs include, but are not limited to, projects contained

13  in the 2003-2004 tentative work program. A maximum of $4.5

14  billion of bonds may be issued to fund approved turnpike

15  projects.

16         (3)  Subject to verification of economic feasibility by

17  the department in accordance with s. 338.221(8), the

18  department shall acquire the assets and assume the liabilities

19  of the Sawgrass Expressway as a candidate project from the

20  Broward County Expressway Authority. The agreement to acquire

21  the Sawgrass Expressway shall be subject to the terms and

22  covenants of the Broward County Expressway Authority Bond

23  Series 1984 and 1986A lease-purchase agreements and shall not

24  act to the detriment of the bondholders nor decrease the

25  quality of the bonds. The department shall provide for the

26  cost of operations and maintenance expenses and for the

27  replacement of future Broward County gasoline tax funds

28  pledged for the payment of principal and interest on such

29  bonds. The department shall repay, to the extent possible,

30  Broward County gasoline tax funds used since July 6, 1988, for

31  debt service on such bonds. For the purpose of calculating the


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 1  economic feasibility of this project, the department is

 2  authorized to exclude operations and maintenance expenses

 3  accumulated between July 6, 1988, and the date of the

 4  agreement. Upon performance of all terms of the agreement

 5  between the parties, the Sawgrass Expressway will become a

 6  part of the turnpike system.

 7         (3)(4)  Bonds may not be issued to fund a turnpike

 8  project until the department has made a final determination

 9  that the project is economically feasible in accordance with

10  s. 338.221, based on the most current information available.

11         Section 34.  Subsections (3), (4), and (6) of section

12  338.231, Florida Statutes, are amended to read:

13         338.231  Turnpike tolls, fixing; pledge of tolls and

14  other revenues.--The department shall at all times fix,

15  adjust, charge, and collect such tolls for the use of the

16  turnpike system as are required in order to provide a fund

17  sufficient with other revenues of the turnpike system to pay

18  the cost of maintaining, improving, repairing, and operating

19  such turnpike system; to pay the principal of and interest on

20  all bonds issued to finance or refinance any portion of the

21  turnpike system as the same become due and payable; and to

22  create reserves for all such purposes.

23         (3)  The department shall publish a proposed change in

24  the toll rate for the use of an existing toll facility, in the

25  manner provided for in s. 120.54, which will provide for

26  public notice and the opportunity for a public hearing before

27  the adoption of the proposed rate change. When the department

28  is evaluating a proposed turnpike toll project under s.

29  338.223 and has determined that there is a high probability

30  that the project will pass the test of economic feasibility

31  predicated on proposed toll rates, the toll rate that is


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 1  proposed to be charged after the project is constructed must

 2  be adopted during the planning and project development phase

 3  of the project, in the manner provided for in s. 120.54,

 4  including public notice and the opportunity for a public

 5  hearing. For such a new project, the toll rate becomes

 6  effective upon the opening of the project to traffic.

 7         (4)  For the period July 1, 1998, through June 30, 2017

 8  2007, the department shall, to the maximum extent feasible,

 9  program sufficient funds in the tentative work program such

10  that the percentage of turnpike toll and bond financed

11  commitments in Dade County, Broward County, and Palm Beach

12  County as compared to total turnpike toll and bond financed

13  commitments shall be at least 90 percent of the share of net

14  toll collections attributable to users of the turnpike system

15  in Dade County, Broward County, and Palm Beach County as

16  compared to total net toll collections attributable to users

17  of the turnpike system. The requirements of this subsection do

18  not apply when the application of such requirements would

19  violate any covenant established in a resolution or trust

20  indenture relating to the issuance of turnpike bonds.

21         (6)  In each fiscal year while any of the bonds of the

22  Broward County Expressway Authority series 1984 and series

23  1986-A remain outstanding, the department is authorized to

24  pledge revenues from the turnpike system to the payment of

25  principal and interest of such series of bonds, the repayment

26  of Broward County gasoline tax funds as provided in s.

27  338.2275(3), and the operation and maintenance expenses of the

28  Sawgrass Expressway, to the extent gross toll revenues of the

29  Sawgrass Expressway are insufficient to make such payments.

30  The terms of an agreement relative to the pledge of turnpike

31  system revenue will be negotiated with the parties of the 1984


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 1  and 1986 Broward County Expressway Authority lease-purchase

 2  agreements, and subject to the covenants of those agreements.

 3  The agreement shall establish that the Sawgrass Expressway

 4  shall be subject to the planning, management, and operating

 5  control of the department limited only by the terms of the

 6  lease-purchase agreements. The department shall provide for

 7  the payment of operation and maintenance expenses of the

 8  Sawgrass Expressway until such agreement is in effect. This

 9  pledge of turnpike system revenues shall be subordinate to the

10  debt service requirements of any future issue of turnpike

11  bonds, the payment of turnpike system operation and

12  maintenance expenses, and subject to provisions of any

13  subsequent resolution or trust indenture relating to the

14  issuance of such turnpike bonds.

15         Section 35.  Paragraph (j) of subsection (1) of section

16  339.08, Florida Statutes, is amended to read:

17         339.08  Use of moneys in State Transportation Trust

18  Fund.--

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

20  Transportation Trust Fund accruing to the department, in

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

22  shall be restricted to the following purposes:

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

24  projects selected in accordance with the County Incentive

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

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

27  Bridge Program for Sustainable Transportation created in s.

28  339.285.

29         Section 36.  Section 339.175, Florida Statutes, is

30  amended to read:

31         339.175  Metropolitan planning organization.--


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

 2  encourage and promote the safe and efficient management,

 3  operation, and development of surface transportation systems

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

 5  foster economic growth and development within and through

 6  urbanized areas of this state while minimizing

 7  transportation-related fuel consumption and air pollution

 8  through metropolitan transportation planning processes

 9  identified in this section. To accomplish these objectives,

10  metropolitan planning organizations, referred to in this

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

12  state and public transit operators, transportation plans and

13  programs for metropolitan areas. The plans and programs for

14  each metropolitan area must provide for the development and

15  integrated management and operation of transportation systems

16  and facilities, including pedestrian walkways and bicycle

17  transportation facilities that will function as an intermodal

18  transportation system for the metropolitan area, based upon

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

20  process for developing such plans and programs shall provide

21  for consideration of all modes of transportation and shall be

22  continuing, cooperative, and comprehensive, to the degree

23  appropriate, based on the complexity of the transportation

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

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

26  develop plans and programs that identify transportation

27  facilities that should function as an integrated metropolitan

28  transportation system, giving emphasis to facilities that

29  serve important national, state, and regional transportation

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

31  include the facilities on the Strategic Intermodal System


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 1  designated under s. 339.63 and facilities for which projects

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

 3         (2)(1)  DESIGNATION.--

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

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

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

 7  designation shall be accomplished by agreement between the

 8  Governor and units of general-purpose local government

 9  representing at least 75 percent of the population of the

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

11  government that represents the central city or cities within

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

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

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

15  existing metropolitan planning area only if the Governor and

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

17  the existing metropolitan planning area makes the designation

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

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

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

21  provisions of this section pursuant to an interlocal agreement

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

23  interlocal agreement shall be the department and the

24  governmental entities designated by the Governor for

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

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

27  government that is represented on the governing board of the

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

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

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

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


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

 2  be determined by agreement between the Governor and the

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

 4  metropolitan planning area, which is the existing urbanized

 5  area and the contiguous area expected to become urbanized

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

 7  metropolitan statistical area or the consolidated metropolitan

 8  statistical area.

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

10  nonattainment area for ozone or carbon monoxide under the

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

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

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

14  boundaries may be adjusted by agreement of the Governor and

15  affected metropolitan planning organizations in the manner

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

17  authority within a metropolitan area or an area that is

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

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

20  state in the coordination of plans and programs required by

21  this section.

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

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

24  and vice chair shall be selected from among the member

25  delegates comprising the governing board. The agency clerk

26  shall be charged with the responsibility of preparing meeting

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

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

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

30  

31  


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

 2  operative no later than 6 months following its designation.

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

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

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

 6  exact number to be determined on an equitable

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

 8  agreement among the affected units of general-purpose local

 9  government as required by federal rules and regulations. The

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

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

12  alternate with representatives from other municipalities

13  within the metropolitan planning area that do not have members

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

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

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

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

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

19  in which case county commission members may compose less than

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

21  commissioners must be members. All voting members shall be

22  elected officials of general-purpose local governments, except

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

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

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

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

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

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

29  constitutional officers, including sheriffs, tax collectors,

30  supervisors of elections, property appraisers, clerks of the

31  court, and similar types of officials. County commissioners


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 1  The county commission shall compose not less than 20 percent

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

 3  operates or administers a major mode of transportation has

 4  been appointed to an M.P.O.

 5         (b)  In metropolitan areas in which authorities or

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

 7  transportation functions and are performing transportation

 8  functions that are not under the jurisdiction of a

 9  general-purpose general purpose local government represented

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

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

12  or agencies are to be represented by elected officials from

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

14  shall establish a process by which the collective interests of

15  such authorities or other agencies are expressed and conveyed.

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

17  contrary notwithstanding, a chartered county with over 1

18  million population may elect to reapportion the membership of

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

20  charter county may exercise the provisions of this paragraph

21  if:

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

23  three-fourths vote of its membership;

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

25  the reapportionment plan is needed to fulfill specific goals

26  and policies applicable to that metropolitan planning area;

27  and

28         3.  The charter county determines the reapportionment

29  plan otherwise complies with all federal requirements

30  pertaining to M.P.O. membership.

31  


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 1  Any charter county that elects to exercise the provisions of

 2  this paragraph shall notify the Governor in writing.

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

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

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

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

 7  jurisdiction is wholly contained within the county. Any

 8  charter county that elects to exercise the provisions of this

 9  paragraph shall so notify the Governor in writing. Upon

10  receipt of such notification, the Governor must designate the

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

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

13  an elected official representing a municipality within the

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

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

16  office and who resides in the unincorporated portion of the

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

18         (4)(3)  APPORTIONMENT.--

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

20  affected units of general-purpose local government as required

21  by federal rules and regulations, apportion the membership on

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

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

24  units of general-purpose local government comprising an

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

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

27  cooperatively agree upon and prescribe who may serve as an

28  alternate member and shall prescribe a method for appointing

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

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

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


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

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

 3  alternate member must be an elected official serving the same

 4  governmental entity or a general-purpose local government with

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

 6  member serves.  The governmental entity so designated shall

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

 8  eligible officials. Representatives of the department shall

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

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

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

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

13  various multimodal forms of transportation not otherwise

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

15  appoint nonvoting advisers representing major military

16  installations located within the jurisdictional boundaries of

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

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

19  nonvoting advisers may attend and participate fully in

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

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

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

23  with the decennial census as prepared by the United States

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

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

26         (b)  Except for members who represent municipalities on

27  the basis of alternating with representatives from other

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

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

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

31  on the basis of alternating with representatives from other


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    CS for CS for CS for SB 1928                   First Engrossed



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

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

 3  years as further provided in the interlocal agreement

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

 5  member who is a public official automatically terminates upon

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

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

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

 9  city governing entity represented by the member. A vacancy

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

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

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

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

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

15  made by the Governor from the eligible representatives of that

16  governmental entity.

17         (5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority

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

19  cooperative, and comprehensive transportation planning process

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

21  334.046(1), results in the development of plans and programs

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

23  approved local government comprehensive plans of the units of

24  local government the boundaries of which are within the

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

26  for cooperative decisionmaking by officials of the affected

27  governmental entities in the development of the plans and

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

29  (9).

30         (6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The

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


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    CS for CS for CS for SB 1928                   First Engrossed



 1  specified in this section or incorporated in an interlocal

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

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

 4  now and subsequently applicable, which are necessary to

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

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

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

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

 9  intermodal facilities, to the extent permitted by state or

10  federal law.

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

12  department, develop:

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

14  requirements of subsection (7) (6);

15         2.  An annually updated transportation improvement

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

17  and

18         3.  An annual unified planning work program pursuant to

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

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

21  and the transportation improvement program required under

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

23  projects and strategies that will:

24         1.  Support the economic vitality of the metropolitan

25  area, especially by enabling global competitiveness,

26  productivity, and efficiency;

27         2.  Increase the safety and security of the

28  transportation system for motorized and nonmotorized users;

29         3.  Increase the accessibility and mobility options

30  available to people and for freight;

31  


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 1         4.  Protect and enhance the environment, promote energy

 2  conservation, and improve quality of life;

 3         5.  Enhance the integration and connectivity of the

 4  transportation system, across and between modes, for people

 5  and freight;

 6         6.  Promote efficient system management and operation;

 7  and

 8         7.  Emphasize the preservation of the existing

 9  transportation system.

10         (c)  In order to provide recommendations to the

11  department and local governmental entities regarding

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

13         1.  Prepare a congestion management system for the

14  metropolitan area and cooperate with the department in the

15  development of all other transportation management systems

16  required by state or federal law;

17         2.  Assist the department in mapping transportation

18  planning boundaries required by state or federal law;

19         3.  Assist the department in performing its duties

20  relating to access management, functional classification of

21  roads, and data collection;

22         4.  Execute all agreements or certifications necessary

23  to comply with applicable state or federal law;

24         5.  Represent all the jurisdictional areas within the

25  metropolitan area in the formulation of transportation plans

26  and programs required by this section; and

27         6.  Perform all other duties required by state or

28  federal law.

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

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

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


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 1  must include, whenever possible, that includes planners;

 2  engineers; representatives of local aviation authorities, port

 3  authorities, and public transit authorities or representatives

 4  of aviation departments, seaport departments, and public

 5  transit departments of municipal or county governments, as

 6  applicable; the school superintendent of each county within

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

 8  designee; and other appropriate representatives of affected

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

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

11  advisory committee is responsible for considering safe access

12  to schools in its review of transportation project priorities,

13  long-range transportation plans, and transportation

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

15  matters. In addition, the technical advisory committee shall

16  coordinate its actions with local school boards and other

17  local programs and organizations within the metropolitan area

18  which participate in school safety activities, such as locally

19  established community traffic safety teams. Local school

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

21  concerning future school sites and in the coordination of

22  transportation service.

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

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

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

26  reflect a broad cross section of local residents with an

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

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

29  and the handicapped must be adequately represented.

30         2.  Notwithstanding the provisions of subparagraph 1.,

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


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 1  applicable federal governmental agency, adopt an alternative

 2  program or mechanism to ensure citizen involvement in the

 3  transportation planning process.

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

 5  the purpose of accomplishing its transportation planning and

 6  programming duties, an appropriate amount of federal

 7  transportation planning funds.

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

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

10  for all matters regarding the administration and operation of

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

12  The executive director and any additional personnel may be

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

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

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

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

17  contracts with local or state agencies, private planning

18  firms, or private engineering firms, or other public or

19  private entities to accomplish its transportation planning and

20  programming duties and administrative functions required by

21  state or federal law.

22         (h)  In order to enhance their knowledge,

23  effectiveness, and participation in the urbanized area

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

25  training opportunities and training funds specifically for

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

27  training opportunities may be conducted by an individual

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

29  initiatives that are specifically designed to meet the needs

30  of M.P.O. board members.

31  


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

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

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

 4  committee must, at a minimum:

 5         1.  Coordinate transportation projects deemed to be

 6  regionally significant by the committee.

 7         2.  Review the impact of regionally significant land

 8  use decisions on the region.

 9         3.  Review all proposed regionally significant

10  transportation projects in the respective transportation

11  improvement programs which affect more than one of the

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

13         4.  Institute a conflict resolution process to address

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

15  such regionally significant projects.

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

17  growth in recent decades has caused many urbanized areas

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

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

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

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

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

23  coordination mechanisms with one another to expand and improve

24  transportation within the state. The appropriate method of

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

26  project involved and given local and regional needs.

27  Consequently, it is appropriate to set forth a flexible

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

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

30  circumstances demand.

31  


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

 2  individual political subdivision to coordinate activities or

 3  to achieve any federal or state transportation planning or

 4  development goals or purposes consistent with federal or state

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

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

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

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

 9  a minimum, creates a separate legal or administrative entity

10  to coordinate the transportation planning or development

11  activities required to achieve the goal or purpose; provides

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

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

14  specifies specify how the agreement may be terminated,

15  modified, or rescinded; describes describe the precise

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

17  the governing board, whether alternative voting members are

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

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

20  political subdivision; provides provide the manner in which

21  the parties to the agreement will provide for the financial

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

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

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

25  members of the entity will resolve disagreements regarding

26  interpretation of the interlocal agreement or disputes

27  relating to the operation of the entity. Such interlocal

28  agreement shall become effective upon its recordation in the

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

30  the entity created by the interlocal agreement has a voting

31  


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

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

 3         (7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O.

 4  must develop a long-range transportation plan that addresses

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

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

 7  with all other state and federal requirements. The prevailing

 8  principles to be considered in the long-range transportation

 9  plan are: preserving the existing transportation

10  infrastructure; enhancing Florida's economic competitiveness;

11  and improving travel choices to ensure mobility. The

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

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

14  goals, objectives, and policies of the approved local

15  government comprehensive plans of the units of local

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

17  approved long-range transportation plan must be considered by

18  local governments in the development of the transportation

19  elements in local government comprehensive plans and any

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

21  at a minimum:

22         (a)  Identify transportation facilities, including, but

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

24  spaceports, commuter rail systems, transit systems, and

25  intermodal or multimodal terminals that will function as an

26  integrated metropolitan transportation system. The long-range

27  transportation plan must give emphasis to those transportation

28  facilities that serve national, statewide, or regional

29  functions, and must consider the goals and objectives

30  identified in the Florida Transportation Plan as provided in

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


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

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

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

 4  plan can be implemented, indicating resources from public and

 5  private sources which are reasonably expected to be available

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

 7  strategies for needed projects and programs. The financial

 8  plan may include, for illustrative purposes, additional

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

10  transportation plan if reasonable additional resources beyond

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

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

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

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

15  implementation. Innovative financing techniques may be used to

16  fund needed projects and programs. Such techniques may include

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

18  or the use of value pricing.

19         (c)  Assess capital investment and other measures

20  necessary to:

21         1.  Ensure the preservation of the existing

22  metropolitan transportation system including requirements for

23  the operation, resurfacing, restoration, and rehabilitation of

24  major roadways and requirements for the operation,

25  maintenance, modernization, and rehabilitation of public

26  transportation facilities; and

27         2.  Make the most efficient use of existing

28  transportation facilities to relieve vehicular congestion and

29  maximize the mobility of people and goods.

30         (d)  Indicate, as appropriate, proposed transportation

31  enhancement activities, including, but not limited to,


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 1  pedestrian and bicycle facilities, scenic easements,

 2  landscaping, historic preservation, mitigation of water

 3  pollution due to highway runoff, and control of outdoor

 4  advertising.

 5         (e)  In addition to the requirements of paragraphs

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

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

 8  must coordinate the development of the long-range

 9  transportation plan with the State Implementation Plan

10  developed pursuant to the requirements of the federal Clean

11  Air Act.

12  

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

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

15  representatives of transportation agency employees, freight

16  shippers, providers of freight transportation services,

17  private providers of transportation, representatives of users

18  of public transit, and other interested parties with a

19  reasonable opportunity to comment on the long-range

20  transportation plan. The long-range transportation plan must

21  be approved by the M.P.O.

22         (8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each

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

24  public transportation operators, develop a transportation

25  improvement program for the area within the jurisdiction of

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

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

28  affected public agencies, representatives of transportation

29  agency employees, freight shippers, providers of freight

30  transportation services, private providers of transportation,

31  representatives of users of public transit, and other


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 1  interested parties with a reasonable opportunity to comment on

 2  the proposed transportation improvement program.

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

 4  annually, a list of project priorities and a transportation

 5  improvement program. The prevailing principles to be

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

 7  priorities and a transportation improvement program are:

 8  preserving the existing transportation infrastructure;

 9  enhancing Florida's economic competitiveness; and improving

10  travel choices to ensure mobility. The transportation

11  improvement program will be used to initiate federally aided

12  transportation facilities and improvements as well as other

13  transportation facilities and improvements including transit,

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

15  from the State Transportation Trust Fund within its

16  metropolitan area in accordance with existing and subsequent

17  federal and state laws and rules and regulations related

18  thereto. The transportation improvement program shall be

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

20  local government comprehensive plans of the units of local

21  government whose boundaries are within the metropolitan area

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

23  to s. 339.2819(4).

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

25  project priorities and shall submit the list to the

26  appropriate district of the department by October 1 of each

27  year; however, the department and a metropolitan planning

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

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

30  by the technical and citizens' advisory committees, and

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


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

 2  by the district in developing the district work program and

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

 4  improvement program. The annual list of project priorities

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

 6  minimum, consider the following:

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

 8         2.  The Strategic Intermodal System Plan developed

 9  under s. 339.64.

10         3.  The priorities developed pursuant to s.

11  339.2819(4).

12         4.  The results of the transportation management

13  systems; and

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

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

16  minimum:

17         1.  Include projects and project phases to be funded

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

19  transportation improvement program and which are recommended

20  for advancement during the next fiscal year and 4 subsequent

21  fiscal years. Such projects and project phases must be

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

23  local government comprehensive plans of the units of local

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

25  informational purposes, the transportation improvement program

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

27  or private revenues.

28         2.  Include projects within the metropolitan area which

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

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

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


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 1         3.  Provide a financial plan that demonstrates how the

 2  transportation improvement program can be implemented;

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

 4  reasonably expected to be available to accomplish the program;

 5  identifies any innovative financing techniques that may be

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

 7  for illustrative purposes, additional projects that would be

 8  included in the approved transportation improvement program if

 9  reasonable additional resources beyond those identified in the

10  financial plan were available. Innovative financing techniques

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

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

13  improvement program may include a project or project phase

14  only if full funding can reasonably be anticipated to be

15  available for the project or project phase within the time

16  period contemplated for completion of the project or project

17  phase.

18         4.  Group projects and project phases of similar

19  urgency and anticipated staging into appropriate staging

20  periods.

21         5.  Indicate how the transportation improvement program

22  relates to the long-range transportation plan developed under

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

24  projects or project phases that further the goals and policies

25  of the long-range transportation plan.

26         6.  Indicate whether any project or project phase is

27  inconsistent with an approved comprehensive plan of a unit of

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

29  If a project is inconsistent with an affected comprehensive

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

31  project in the transportation improvement program.


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 1         7.  Indicate how the improvements are consistent, to

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

 3  and spaceport master plans and with public transit development

 4  plans of the units of local government located within the

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

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

 7  coordinate plans regarding the project in the transportation

 8  improvement program.

 9         (d)  Projects included in the transportation

10  improvement program and that have advanced to the design stage

11  of preliminary engineering may be removed from or rescheduled

12  in a subsequent transportation improvement program only by the

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

14  recommended in writing by the district secretary for good

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

16  transportation improvement program shall not be rescheduled by

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

18  year of such program.

19         (e)  During the development of the transportation

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

21  department and any affected public transit operation, provide

22  citizens, affected public agencies, representatives of

23  transportation agency employees, freight shippers, providers

24  of freight transportation services, private providers of

25  transportation, representatives of users of public transit,

26  and other interested parties with reasonable notice of and an

27  opportunity to comment on the proposed program.

28         (f)  The adopted annual transportation improvement

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

30  must be submitted to the district secretary and the Department

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


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 1  the state transportation improvement program by the department

 2  to the appropriate federal agencies. The annual transportation

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

 4  submitted to the district secretary and the Department of

 5  Community Affairs at least 45 days before the department

 6  submits the state transportation improvement program to the

 7  appropriate federal agencies; however, the department, the

 8  Department of Community Affairs, and a metropolitan planning

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

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

11  approve each transportation improvement program and any

12  amendments thereto.

13         (g)  The Department of Community Affairs shall review

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

15  for consistency with the approved local government

16  comprehensive plans of the units of local government whose

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

18  shall identify those projects that are inconsistent with such

19  comprehensive plans. The Department of Community Affairs shall

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

21  its transportation improvement program which are inconsistent

22  with the approved local government comprehensive plans of the

23  units of local government whose boundaries are within the

24  metropolitan area of the M.P.O.

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

26  make available for public review the annual listing of

27  projects for which federal funds have been obligated in the

28  preceding year. Project monitoring systems must be maintained

29  by those agencies responsible for obligating federal funds and

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

31  


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 1         (9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O.

 2  shall develop, in cooperation with the department and public

 3  transportation providers, a unified planning work program that

 4  lists all planning tasks to be undertaken during the program

 5  year. The unified planning work program must provide a

 6  complete description of each planning task and an estimated

 7  budget therefor and must comply with applicable state and

 8  federal law.

 9         (10)(9)  AGREEMENTS.--

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

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

12  every 5 years:

13         1.  An agreement with the department clearly

14  establishing the cooperative relationship essential to

15  accomplish the transportation planning requirements of state

16  and federal law.

17         2.  An agreement with the metropolitan and regional

18  intergovernmental coordination and review agencies serving the

19  metropolitan areas, specifying the means by which activities

20  will be coordinated and how transportation planning and

21  programming will be part of the comprehensive planned

22  development of the area.

23         3.  An agreement with operators of public

24  transportation systems, including transit systems, commuter

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

26  the means by which activities will be coordinated and

27  specifying how public transit, commuter rail, aviation,

28  seaport, and aerospace planning and programming will be part

29  of the comprehensive planned development of the metropolitan

30  area.

31  


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

 2  state or federal law or as necessary to properly accomplish

 3  its functions.

 4         (11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

 5  COUNCIL.--

 6         (a)  A Metropolitan Planning Organization Advisory

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

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

 9  planning process described in this section.

10         (b)  The council shall consist of one representative

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

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

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

14  representative. Members of the council do not receive any

15  compensation for their services, but may be reimbursed from

16  funds made available to council members for travel and per

17  diem expenses incurred in the performance of their council

18  duties as provided in s. 112.061.

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

20  Organization Advisory Council are to:

21         1.  Enter into contracts with individuals, private

22  corporations, and public agencies.

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

24  personal property essential for the conduct of business.

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

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

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

28  120.536(1) and 120.54 to implement provisions of law

29  conferring powers or duties upon it.

30  

31  


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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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    CS for CS for CS for SB 1928                   First Engrossed



 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 37.  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 38.  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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    CS for CS for CS for SB 1928                   First Engrossed



 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 39.  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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    CS for CS for CS for SB 1928                   First Engrossed



 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 40.  Subsection (4) of section 339.55, Florida

29  Statutes, is amended, and paragraph (c) is added to subsection

30  (2) and paragraph (j) is added to subsection (7) of that

31  section, to read:


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 1         339.55  State-funded infrastructure bank.--

 2         (2)  The bank may lend capital costs or provide credit

 3  enhancements for:

 4         (c)1.  Emergency loans for damages incurred to

 5  public-use commercial deepwater seaports, public-use airports,

 6  and other public-use transit and intermodal facilities that

 7  are within an area that is part of an official state

 8  declaration of emergency pursuant to chapter 252 and all other

 9  applicable laws. Such loans:

10         a.  May not exceed 24 months in duration except in

11  extreme circumstances, for which the Secretary of

12  Transportation may grant up to 36 months upon making written

13  findings specifying the conditions requiring a 36-month term.

14         b.  Require application from the recipient to the

15  department that includes documentation of damage claims filed

16  with the Federal Emergency Management Agency or an applicable

17  insurance carrier and documentation of the recipient's overall

18  financial condition.

19         c.  Are subject to approval by the Secretary of

20  Transportation and the Legislative Budget Commission.

21         2.  Loans provided under this paragraph must be repaid

22  upon receipt by the recipient of eligible program funding for

23  damages in accordance with the claims filed with the Federal

24  Emergency Management Agency or an applicable insurance

25  carrier, but no later than the duration of the loan.

26         (4)  Loans from the bank may bear interest at or below

27  market interest rates, as determined by the department.

28  Repayment of any loan from the bank shall commence not later

29  than 5 years after the project has been completed or, in the

30  case of a highway project, the facility has opened to traffic,

31  whichever is later, and shall be repaid within in no more than


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    CS for CS for CS for SB 1928                   First Engrossed



 1  30 years, except for loans provided under paragraph (2)(c),

 2  which shall be repaid within 36 months.

 3         (7)  The department may consider, but is not limited

 4  to, the following criteria for evaluation of projects for

 5  assistance from the bank:

 6         (j)  The extent to which damage from a disaster that

 7  results in a declaration of emergency has impacted a public

 8  transportation facility's ability to maintain its previous

 9  level of service and remain accessible to the public or has

10  had a major impact on the cash flow or revenue-generation

11  ability of the public-use facility.

12         Section 41.  Subsection (2) of section 341.071, Florida

13  Statutes, is amended to read:

14         341.071  Transit productivity and performance measures;

15  reports.--

16         (2)  Each public transit provider shall establish

17  productivity and performance measures, which must be approved

18  by the department and which must be selected from measures

19  developed pursuant to s. 341.041(3). Each provider shall by

20  January 31 of each year report annually to the department

21  relative to these measures. In approving these measures, the

22  department shall give consideration to the goals and

23  objectives of each system, the needs of the local area, and

24  the role for public transit in the local area. The report

25  shall also specifically address potential enhancements to

26  productivity and performance which would have the effect of

27  increasing farebox recovery ratio.

28         Section 42.  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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    CS for CS for CS for SB 1928                   First Engrossed



 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 43.  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 44.  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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    CS for CS for CS for SB 1928                   First Engrossed



 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 45.  Section 334.30, Florida Statutes, is

21  amended to read:

22         334.30  Public-private transportation facilities.--The

23  Legislature hereby finds and declares that there is a public

24  need for the rapid construction of safe and efficient

25  transportation facilities for the purpose of traveling travel

26  within the state, and that it is in the public's interest to

27  provide for the construction of additional safe, convenient,

28  and economical transportation facilities.

29         (1)  The department may receive or solicit proposals

30  and, with legislative approval as evidenced by approval of the

31  project in the department's work program, enter into


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    CS for CS for CS for SB 1928                   First Engrossed



 1  agreements with private entities, or consortia thereof, for

 2  the building, operation, ownership, or financing of

 3  transportation facilities which increase transportation

 4  capacity. Except as provided in s. 337.25, s. 337.251, s.

 5  338.234, or s. 338.235, the department may not sell or lease

 6  any transportation facility owned by the department. The

 7  department may advance projects programmed in the adopted

 8  5-year work program using funds provided by public-private

 9  partnerships or private entities to be reimbursed from

10  department funds for the project as programmed in the adopted

11  work program. The department shall by rule establish an

12  application fee for the submission of unsolicited proposals

13  under this section. The fee must be sufficient to pay the

14  costs of evaluating the proposals. The department may engage

15  the services of private consultants to assist in the

16  evaluation. Before approval, the department must determine

17  that the proposed project:

18         (a)  Is in the public's best interest;

19         (b)  Would not require state funds to be used unless

20  the project is on the State Highway System; and

21         (c)  Would have adequate safeguards in place to ensure

22  that no additional costs or service disruptions would be

23  realized by the traveling public and residents citizens of the

24  state in the event of default or cancellation of the agreement

25  by the department;.

26         (d)  Would have adequate safeguards in place to ensure

27  that the department or the private entity has the opportunity

28  to add capacity to the proposed project and other

29  transportation facilities serving similar origins and

30  destinations; and

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (e)  Would be owned by the department upon completion

 2  or termination of the agreement.

 3  

 4  The department shall ensure that all reasonable costs to the

 5  state, related to transportation facilities that are not part

 6  of the State Highway System, are borne by the private entity.

 7  The department shall also ensure that all reasonable costs to

 8  the state and substantially affected local governments and

 9  utilities, related to the private transportation facility, are

10  borne by the private entity for transportation facilities that

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

12  Highway System, the department may use state resources to

13  participate in funding and financing the project as provided

14  for under the department's enabling legislation.

15         (2)  Agreements entered into pursuant to this section

16  may authorize the private entity to impose tolls or fares for

17  the use of the facility.  However, the amount and use of toll

18  or fare revenues shall be regulated by the department to avoid

19  unreasonable costs to users of the facility.

20         (3)  Each private transportation facility constructed

21  pursuant to this section shall comply with all requirements of

22  federal, state, and local laws; state, regional, and local

23  comprehensive plans; department rules, policies, procedures,

24  and standards for transportation facilities; and any other

25  conditions which the department determines to be in the

26  public's best interest.

27         (4)  The department may exercise any power possessed by

28  it, including eminent domain, with respect to the development

29  and construction of state transportation projects to

30  facilitate the development and construction of transportation

31  projects pursuant to this section.  The department may provide


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    CS for CS for CS for SB 1928                   First Engrossed



 1  services to the private entity.  Agreements for maintenance,

 2  law enforcement, and other services entered into pursuant to

 3  this section shall provide for full reimbursement for services

 4  rendered for projects not on the State Highway System.

 5         (5)  Except as herein provided, the provisions of this

 6  section are not intended to amend existing laws by granting

 7  additional powers to, or further restricting, local

 8  governmental entities from regulating and entering into

 9  cooperative arrangements with the private sector for the

10  planning, construction, and operation of transportation

11  facilities.

12         (6)  The department may request proposals from private

13  entities for public-private transportation projects or, if the

14  department receives an unsolicited proposal, the department

15  shall publish a notice in the Florida Administrative Weekly

16  and a newspaper of general circulation at least once a week

17  for 2 weeks stating that the department has received the

18  proposal and will accept, for 60 days after the initial date

19  of publication, other proposals for the same project purpose.

20  A copy of the notice must be mailed to each local government

21  in the affected area. After the public notification period has

22  expired, the department shall rank the proposals in order of

23  preference. In ranking the proposals the department may

24  consider factors, including, but not limited to, professional

25  qualifications, general business terms, innovative engineering

26  or cost-reduction terms, finance plans, and the need for state

27  funds to deliver the project. If the department is not

28  satisfied with the results of the negotiations, the department

29  may, at its sole discretion, terminate negotiations with the

30  proposer. If these negotiations are unsuccessful, the

31  department may go to the second-ranked and lower-ranked firms,


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    CS for CS for CS for SB 1928                   First Engrossed



 1  in order, using this same procedure. If only one proposal is

 2  received, the department may negotiate in good faith and, if

 3  the department is not satisfied with the results of the

 4  negotiations, the department may, at its sole discretion,

 5  terminate negotiations with the proposer. Notwithstanding this

 6  subsection, The department may, at its discretion, reject all

 7  proposals at any point in the process up to completion of a

 8  contract with the proposer.

 9         (7)  The department may lend funds from the Toll

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

11  private entities that construct projects on the State Highway

12  System containing toll facilities that are approved under this

13  section. To be eligible, a private entity must comply with s.

14  338.251 and must provide an indication from a nationally

15  recognized rating agency that the senior bonds for the project

16  will be investment grade, or must provide credit support such

17  as a letter of credit or other means acceptable to the

18  department, to ensure that the loans will be fully repaid. The

19  state's liability for the funding of a facility is limited to

20  the amount approved for that specific facility in the

21  department's 5-year work program adopted pursuant to s.

22  339.135.

23         (8)  A fixed-guideway transportation system authorized

24  by the department to be wholly or partially within the

25  department's right-of-way pursuant to a lease granted under s.

26  337.251 may operate at any safe speed.

27         Section 46.  Section 338.234, Florida Statutes, is

28  amended to read:

29         338.234  Granting concessions or selling along the

30  turnpike system; immunity from taxation.--

31  


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    CS for CS for CS for SB 1928                   First Engrossed



 1         (1)  The department may enter into contracts or

 2  licenses with any person for the sale of services or products

 3  or business opportunities on the turnpike system, or the

 4  turnpike enterprise may sell services, products, or business

 5  opportunities on the turnpike system, which benefit the

 6  traveling public or provide additional revenue to the turnpike

 7  system. Services, business opportunities, and products

 8  authorized to be sold include, but are not limited to, motor

 9  fuel, vehicle towing, and vehicle maintenance services; food

10  with attendant nonalcoholic beverages; lodging, meeting rooms,

11  and other business services opportunities; advertising and

12  other promotional opportunities, which advertising and

13  promotions must be consistent with the dignity and integrity

14  of the state; state lottery tickets sold by authorized

15  retailers; games and amusements that operate by the

16  application of skill, not including games of chance as defined

17  in s. 849.16 or other illegal gambling games; Florida citrus,

18  goods promoting the state, or handmade goods produced within

19  the state; and travel information, tickets, reservations, or

20  other related services. However, the department, pursuant to

21  the grants of authority to the turnpike enterprise under this

22  section, shall not exercise the power of eminent domain solely

23  for the purpose of acquiring real property in order to provide

24  business services or opportunities, such as lodging and

25  meeting-room space on the turnpike system.

26         (2)  The effectuation of the authorized purposes of the

27  Florida Intrastate Highway System and Florida Turnpike

28  Enterprise, created under this chapter, is for the benefit of

29  the people of the state, for the increase of their commerce

30  and prosperity, and for the improvement of their health and

31  living conditions and, because the system and enterprise


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    CS for CS for CS for SB 1928                   First Engrossed



 1  perform essential government functions in effectuating such

 2  purposes, neither the turnpike enterprise nor any

 3  nongovernment lessee or licensee renting, leasing, or

 4  licensing real property from the turnpike enterprise, pursuant

 5  to an agreement authorized by this section are required to pay

 6  any commercial rental tax imposed under s. 212.031 on any

 7  capital improvements constructed, improved, acquired,

 8  installed, or used for such purposes.

 9         Section 47.  Subsection (9) of section 348.0004,

10  Florida Statutes, is amended to read:

11         348.0004  Purposes and powers.--

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

13  need for the rapid construction of safe and efficient

14  transportation facilities for traveling travel within the

15  state and that it is in the public's interest to provide for

16  public-private partnership agreements to effectuate the

17  construction of additional safe, convenient, and economical

18  transportation facilities.

19         (a)  Notwithstanding any other provision of the Florida

20  Expressway Authority Act, any expressway authority,

21  transportation authority, bridge authority, or toll authority

22  may receive or solicit proposals and enter into agreements

23  with private entities, or consortia thereof, for the building,

24  operation, ownership, or financing of expressway authority

25  transportation facilities or new transportation facilities

26  within the jurisdiction of the expressway authority which

27  increase transportation capacity. An authority may not sell or

28  lease any transportation facility owned by the authority. An

29  expressway authority is authorized to adopt rules to implement

30  this subsection and shall, by rule, establish an application

31  fee for the submission of unsolicited proposals under this


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    CS for CS for CS for SB 1928                   First Engrossed



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

 2  evaluating the proposals. An expressway authority may engage

 3  private consultants to assist in the evaluation. Before

 4  approval, an expressway authority must determine that a

 5  proposed project:

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

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

 8  project is on or provides increased mobility on the State

 9  Highway System.

10         3.  Would have adequate safeguards to ensure that no

11  additional costs or service disruptions would be realized by

12  the traveling public and residents citizens of the state in

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

14  the expressway authority.

15         4.  Would have adequate safeguards in place to ensure

16  that the department, the authority, or the private entity has

17  the opportunity to add capacity to the proposed project and

18  other transportation facilities serving similar origins and

19  destinations.

20         5.  Would be owned by the authority upon completion or

21  termination of the agreement.

22         (b)  An expressway authority shall ensure that all

23  reasonable costs to the state which are, related to

24  transportation facilities that are not part of the State

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

26  authority shall also ensure that all reasonable costs to the

27  state and substantially affected local governments and

28  utilities related to the private transportation facility are

29  borne by the private entity for transportation facilities that

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

31  Highway System, the department may use state resources to


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    CS for CS for CS for SB 1928                   First Engrossed



 1  participate in funding and financing the project as provided

 2  for under the department's enabling legislation.

 3         (c)  The expressway authority may request proposals for

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

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

 6  Administrative Weekly and a newspaper of general circulation

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

 8  2 weeks, stating that it has received the proposal and will

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

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

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

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

13  expressway authority shall rank the proposals in order of

14  preference. In ranking the proposals, the expressway authority

15  shall consider professional qualifications, general business

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

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

18  If the expressway authority is not satisfied with the results

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

20  negotiations with the proposer. If these negotiations are

21  unsuccessful, the expressway authority may go to the second

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

23  only one proposal is received, the expressway authority may

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

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

26  negotiations with the proposer. Notwithstanding this

27  paragraph, The expressway authority may, at its discretion,

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

29  completion of a contract with the proposer.

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

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


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    CS for CS for CS for SB 1928                   First Engrossed



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

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

 3  from a nationally recognized rating agency that the senior

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

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

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

 7  fully repaid.

 8         (e)  Agreements entered into pursuant to this

 9  subsection may authorize the public-private entity to impose

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

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

12  the expressway authority to avoid unreasonable costs to users

13  of the facility.

14         (f)  Each public-private transportation facility

15  constructed pursuant to this subsection shall comply with all

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

17  regional, and local comprehensive plans; the expressway

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

19  transportation facilities; and any other conditions that the

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

21  interest.

22         (g)  An expressway authority may exercise any power

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

24  development and construction of transportation projects

25  pursuant to this subsection. An expressway authority may pay

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

27  facility or may provide services to the private entity for

28  which it receives full or partial reimbursement for services

29  rendered.

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

31  intended to amend existing laws by granting additional powers


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    CS for CS for CS for SB 1928                   First Engrossed



 1  to or further restricting the governmental entities from

 2  regulating and entering into cooperative arrangements with the

 3  private sector for the planning, construction, and operation

 4  of transportation facilities. Use of the powers granted in

 5  this subsection do not subject a statutorily created

 6  expressway authority, transportation authority, bridge

 7  authority, or toll authority, other than one created under

 8  this part, to any of the requirements of this part other than

 9  those contained in this subsection.

10         Section 48.  Section 348.0012, Florida Statutes, is

11  amended to read:

12         348.0012  Exemptions from applicability.--The Florida

13  Expressway Authority Act does not apply:

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

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

16  as expressly provided in this part; or

17         (2)  To a transportation authority created pursuant to

18  chapter 349.

19         Section 49.  Subsection (6) is added to section

20  348.754, Florida Statutes, to read:

21         348.754  Purposes and powers.--

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

23  County Expressway Authority may waive payment and performance

24  bonds on construction contracts for the construction of a

25  public building, for the prosecution and completion of a

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

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

28  is awarded pursuant to an economic development program for the

29  encouragement of local small businesses that has been adopted

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

31  Authority pursuant to a resolution or policy.


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

 2  in the economic development program for local small businesses

 3  requires that a participant:

 4         1.  Be an independent business.

 5         2.  Be principally domiciled in the Orange County

 6  Standard Metropolitan Statistical Area.

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

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

 9  less over the immediately preceding 3 calendar years with

10  regard to any construction element of the program.

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

12  County Expressway Authority's microcontracts program or such

13  other small business program as may be hereinafter enacted by

14  the Orlando-Orange County Expressway Authority.

15         6.  Participate in an educational curriculum or

16  technical assistance program for business development that

17  will assist the small business in becoming eligible for

18  bonding.

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

20  payment and performance bonds on projects with values not less

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

22  payment and performance bonds may only be waived on projects

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

24  participants in an economic development program for local

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

26  her designee shall determine whether specific construction

27  projects are suitable for:

28         1.  Bidding under the authority's microcontracts

29  program by registered local small businesses; and

30         2.  Waiver of the payment and performance bond.

31  


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

 2  executive director to waive the payment and performance bond

 3  shall be based upon his or her investigation and conclusion

 4  that there exists sufficient competition so that the authority

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

 6  with respect to such project.

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

 8  performance bond has been waived pursuant to the authority set

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

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

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

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

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

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

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

16  authority shall record notice of this obligation in the manner

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

18  include the information describing the contract that s.

19  255.05(1) requires be stated on the front page of the bond.

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

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

22  apply under this subsection to any contract on which

23  performance or payment bonds are waived and any claim to

24  payment under this subsection shall be treated as a contract

25  claim pursuant to s. 255.05(9).

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

27  bidder on six projects for which the payment and performance

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

29  shall be ineligible to bid on additional projects for which

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

31  small business may continue to participate in other elements


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 1  of the economic development program for local small businesses

 2  as long as it is eligible.

 3         (f)  The authority shall conduct bond eligibility

 4  training for businesses qualifying for bond waiver under this

 5  subsection to encourage and promote bond eligibility for such

 6  businesses.

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

 8  the activities undertaken pursuant to this subsection to be

 9  submitted to the Orange County legislative delegation. The

10  initial report shall be due December 31, 2010.

11         Section 50.  Paragraph (a) of subsection (3) of section

12  163.3177, Florida Statutes, is amended to read:

13         163.3177  Required and optional elements of

14  comprehensive plan; studies and surveys.--

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

16  improvements element designed to consider the need for and the

17  location of public facilities in order to encourage the

18  efficient utilization of such facilities and set forth:

19         1.  A component which outlines principles for

20  construction, extension, or increase in capacity of public

21  facilities, as well as a component which outlines principles

22  for correcting existing public facility deficiencies, which

23  are necessary to implement the comprehensive plan. The

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

25         2.  Estimated public facility costs, including a

26  delineation of when facilities will be needed, the general

27  location of the facilities, and projected revenue sources to

28  fund the facilities.

29         3.  Standards to ensure the availability of public

30  facilities and the adequacy of those facilities including

31  acceptable levels of service.


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 1         4.  Standards for the management of debt.

 2         5.  A schedule of capital improvements which includes

 3  publicly funded projects, and which may include privately

 4  funded projects for which the local government has no fiscal

 5  responsibility, necessary to ensure that adopted

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

 7  capital improvements that will be funded by the developer,

 8  financial feasibility shall be demonstrated by being

 9  guaranteed in an enforceable development agreement or

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

11  enforceable agreement. These development agreements and

12  interlocal agreements shall be reflected in the schedule of

13  capital improvements if the capital improvement is necessary

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

15  government uses planned revenue sources that require referenda

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

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

18  secure the planned revenue source, identify other existing

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

20  or otherwise amend the plan to ensure financial feasibility.

21         6.  The schedule must include transportation

22  improvements included in the applicable metropolitan planning

23  organization's transportation improvement program adopted

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

25  improvements are relied upon to ensure concurrency and

26  financial feasibility. The schedule must also be coordinated

27  with the applicable metropolitan planning organization's

28  long-range transportation plan adopted pursuant to s.

29  339.175(7)(6).

30         Section 51.  Section 339.176, Florida Statutes, is

31  amended to read:


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 1         339.176  Voting membership for M.P.O. with boundaries

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

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

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

 5  membership of any Metropolitan Planning Organization whose

 6  geographical boundaries include any county as defined in s.

 7  125.011(1) must include an additional voting member appointed

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

 9  of 50,000 or more residents.

10         Section 52.  Subsection (1) of section 341.828, Florida

11  Statutes, is amended to read:

12         341.828  Permitting.--

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

14  utilize one or more permitting processes provided for in

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

16  planning organization long-range transportation planning

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

18  conjunction with the Department of Transportation's work

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

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

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

22  permitting process.

23         Section 53.  Section 2 of chapter 89-383, Laws of

24  Florida, is amended to read:

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

26  historic highway. No public funds shall be expended for:

27         (1)  The removal of any healthy tree which is not a

28  safety hazard.

29         (2)  Any alteration of the physical dimensions or

30  location of Red Road, the median strip thereof, the land

31  adjacent thereto, or any part of the original composition of


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 1  the entranceway, including the towers, the walls, and the

 2  lampposts.

 3         (3)  Any construction on or along Red Road of any new

 4  structure, or any building, clearing, filling, or excavating

 5  on or along Red Road except for routine maintenance or

 6  alterations, modifications, or improvements to it and the

 7  adjacent right-of-way made for the purpose of enhancing life

 8  safety for vehicular or pedestrian use of Red Road if the

 9  number of traffic lanes is not altered work which is essential

10  to the health, safety, or welfare of the environment.

11         Section 54.  Subsection (27) is added to section

12  479.01, Florida Statutes, to read:

13         479.01  Definitions.--As used in this chapter, the

14  term:

15         (27)  "Wall mural" means a sign that is a painting or

16  an artistic work composed of photographs or arrangements of

17  color and that displays a commercial or noncommercial message,

18  relies solely on the side of the building for rigid structural

19  support, and is painted on the building or depicted on vinyl,

20  fabric, or other similarly flexible material that is held in

21  place flush or flat against the surface of the building. The

22  term excludes a painting or work placed on a structure that is

23  erected for the sole or primary purpose of signage.

24         Section 55.  Section 479.156, Florida Statutes, is

25  created to read:

26         479.156  Wall murals.--Notwithstanding any other

27  provision of this chapter, a municipality or county may permit

28  and regulate wall murals within areas designated by such

29  government. If a municipality or county permits wall murals, a

30  wall mural that displays a commercial message and is within

31  660 feet of the nearest edge of the right-of-way within an


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 1  area adjacent to the interstate highway system or the

 2  federal-aid primary highway system shall be located in an area

 3  that is zoned for industrial or commercial use and the

 4  municipality or county shall establish and enforce regulations

 5  for such areas that, at a minimum, set forth criteria

 6  governing the size, lighting, and spacing of wall murals

 7  consistent with the intent of the Highway Beautification Act

 8  of 1965 and with customary use. A wall mural that is subject

 9  to municipal or county regulation and the Highway

10  Beautification Act of 1965 must be approved by the Department

11  of Transportation and the Federal Highway Administration and

12  may not violate the agreement between the state and the United

13  States Department of Transportation or violate federal

14  regulations enforced by the Department of Transportation under

15  s. 479.02(1). The existence of a wall mural as defined in s.

16  479.01(27) shall not be considered in determining whether a

17  sign as defined in s. 479.01(17), either existing or new, is

18  in compliance with s. 479.07(9)(a).

19         Section 56.  Section 316.1951, Florida Statutes, is

20  amended to read:

21         316.1951  Parking for certain purposes prohibited; sale

22  of motor vehicles; prohibited acts.--

23         (1)  It is unlawful for any person to park a motor

24  vehicle, as defined in s. 320.01, for a continuous period in

25  excess of 24 hours, after written notice, upon a public street

26  or highway, upon a public parking lot, or other public

27  property, or upon private property where the public has the

28  right to travel by motor vehicle, for the principal purpose

29  and intent of displaying the motor vehicle thereon for sale,

30  hire, or rental unless the sale, hire, or rental of the motor

31  vehicle is specifically authorized on such property by


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 1  municipal or county regulation and the person is duly licensed

 2  as a motor vehicle dealer in accordance with s. 320.27, and

 3  the person is in compliance with all municipal or county

 4  licensing regulations.

 5         (2)  The provisions of subsection (1) do not prohibit a

 6  person from parking his or her own motor vehicle or his or her

 7  other personal property on any private real property which the

 8  person owns or leases or on private real property which the

 9  person does not own or lease, but for which he or she obtains

10  the permission of the owner, or on the public street

11  immediately adjacent thereto, for the principal purpose and

12  intent of sale, hire, or rental.

13         (3)  Subsection (1) does not prohibit a licensed motor

14  vehicle dealer from displaying for sale or offering for sale

15  motor vehicles at locations other than the dealer's licensed

16  location if the dealer has been issued a supplemental license

17  for off-premises sales, as provided in s. 320.27(5), and has

18  complied with the requirements in subsection (1). A vehicle

19  displayed for sale by a licensed dealer at any location other

20  than the dealer's licensed location is subject to immediate

21  removal without warning.

22         (4)(3)  The Department of Highway Safety and Motor

23  Vehicles shall adopt by rule a uniform written notice to be

24  used to enforce this section. Each law enforcement agency in

25  this state shall provide, at each agency's expense, the notice

26  forms necessary to enforce this section.

27         (5)(4)  A law enforcement officer, compliance officer

28  examiner, license inspector, or supervisor of the department

29  may cause to be removed at the owner's expense any motor

30  vehicle found upon a public street, public parking lot, other

31  public property, or private property, where the public has the


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 1  right to travel by motor vehicle, which is in violation of

 2  subsection (1), which has been parked in one location for more

 3  than 24 hours after a written notice has been issued. Every

 4  written notice issued pursuant to this section shall be

 5  affixed in a conspicuous place upon a vehicle by a law

 6  enforcement officer, compliance officer examiner, license

 7  inspector, or supervisor of the department. Any vehicle found

 8  in violation of subsection (1) within 30 10 days after a

 9  previous violation and written notice is shall be subject to

10  immediate removal without an additional waiting period.

11         (6)  It is unlawful to offer a vehicle for sale if the

12  vehicle identification number has been destroyed, removed,

13  covered, altered, or defaced, as described in s. 319.33(1)(d).

14  A vehicle found in violation of this subsection is subject to

15  immediate removal without warning.

16         (7)  It is unlawful to knowingly attach to any motor

17  vehicle a registration that was not assigned or lawfully

18  transferred to the vehicle pursuant to s. 320.261. A vehicle

19  found in violation of this subsection is subject to immediate

20  removal without warning.

21         (8)  It is unlawful to display or offer for sale a

22  vehicle that does not have a valid registration as provided in

23  s. 320.02. A vehicle found in violation of this subsection is

24  subject to immediate removal without warning. This subsection

25  does not apply to vehicles and recreational vehicles being

26  offered for sale through motor vehicle auctions as defined in

27  s. 320.27(1)(c)4.

28         (9)  A vehicle is subject to immediate removal without

29  warning if it bears a telephone number that has been displayed

30  on three or more vehicles offered for sale within a 12-month

31  period.


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 1         (10)(5)  Any other provision of law to the contrary

 2  notwithstanding, a violation of subsection (1) shall subject

 3  the owner of such motor vehicle to towing fees reasonably

 4  necessitated by removal and storage of the motor vehicle.

 5         (11)(6)  This section does not prohibit the governing

 6  body of a municipality or county, with respect to streets,

 7  highways, or other property under its jurisdiction, from

 8  regulating the parking of motor vehicles for any purpose.

 9         (12)(7)  A violation of this section is a noncriminal

10  traffic infraction, punishable as a nonmoving violation as

11  provided in chapter 318, unless otherwise mandated by general

12  law.

13         Section 57.  This act shall take effect July 1, 2007.

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