HB 985

1	A bill to be entitled
2	An act relating to transportation; amending s. 20.23,
3	F.S.; providing that the salary and benefits of the
4	executive director of the Florida Transportation
5	Commission shall be set in accordance with the Senior
6	Management Service; revising qualifications for district
7	secretaries and the turnpike executive director; amending
8	s. 112.061, F.S.; authorizing metropolitan planning
9	organizations and certain separate entities to establish
10	per diem and travel reimbursement rates; amending s.
11	121.021, F.S.; defining the term "metropolitan planning
12	organization" for purposes of the Florida Retirement
13	System Act; revising definitions to include M.P.O.'s and
14	positions in M.P.O.'s; amending s. 121.051, F.S.;
15	providing for M.P.O.'s to participate in the Florida
16	Retirement System; amending s. 121.055, F.S.; requiring
17	certain M.P.O. staff positions to be in the Senior
18	Management Service Class; amending s. 121.061, F.S.;
19	providing for enforcement of certain employer funding
20	contributions required under the Florida Retirement
21	System; authorizing deductions of amounts owed from
22	certain funds distributed to an M.P.O.; authorizing the
23	governing body of an M.P.O. to file and maintain an action
24	in court to require an employer to remit retirement or
25	social security member contributions or employer matching
26	payments; amending s. 121.081, F.S.; providing for M.P.O.
27	officers and staff to claim credit for past service for
28	retirement benefits; amending s. 215.615, F.S.; revising
29	the Department of Transportation's requirement to share
30	certain costs of fixed-guideway system projects; revising
31	criteria for an interlocal agreement to establish bond
32	financing for fixed-guideway system projects; revising
33	provisions for sources of funds for the payment of bonds;
34	amending s. 316.605, F.S.; providing height and placement
35	requirements for vehicle license plates; prohibiting
36	display that obscures identification of the letters and
37	numbers on a license plate; providing penalties; amending
38	s. 316.650, F.S.; revising procedures for disposition of
39	citations issued for failure to pay toll; providing that
40	the citation will not be submitted to the court and no
41	points will be assessed on the driver's license if the
42	person cited elects to make payment directly to the
43	governmental entity that issued the citation; providing
44	for reporting of the citation by the governmental entity
45	to the Department of Highway Safety and Motor Vehicles;
46	amending s. 318.14, F.S.; providing for the amount
47	required to be paid under certain procedures for
48	disposition of a citation issued for failure to pay toll;
49	providing for the person cited to request a court hearing;
50	amending s. 318.18, F.S.; revising penalties for failure
51	to pay a prescribed toll; providing for disposition of
52	amounts received by the clerk of court; removing
53	procedures for withholding of adjudication; providing for
54	suspension of a driver's license under certain
55	circumstances; amending s. 320.061, F.S.; prohibiting
56	interfering with the legibility, angular visibility, or
57	detectability of any feature or detail on a license plate
58	or interfering with the ability to photograph or otherwise
59	record any feature or detail on a license plate;
60	prohibiting the advertising, sale, distribution, purchase,
61	or use of any product made for such purpose; providing
62	penalties; providing for a law enforcement officer to
63	issue a citation and confiscate a cover or other device
64	obstructing the visibility or electronic image recording
65	of a plate or to confiscate a license plate physically
66	treated with a substance or material that is obstructing
67	the visibility or electronic image recording of the plate;
68	requiring the Department of Highway Safety and Motor
69	Vehicles to revoke the registration of a plate so altered;
70	providing for the Attorney General to file suit against
71	any entity offering or marketing a product advertised as
72	having the capacity to obstruct the visibility or
73	electronic image recording of a license plate; amending s.
74	332.007, F.S.; authorizing the Department of
75	Transportation to provide funds for certain general
76	aviation projects under certain circumstances; extending
77	the timeframe that the department is authorized to provide
78	operational and maintenance assistance to certain airports
79	and may redirect the use of certain funds to security-
80	related or economic-impact projects related to the events
81	of September 11, 2001; amending s. 336.025, F.S.; deleting
82	a prohibition against local governments issuing certain
83	bonds secured by revenues from local option fuel taxes
84	more than once a year; amending s. 337.11, F.S.; providing
85	that certain construction projects be advertised for bids
86	in local newspapers; amending s. 337.14, F.S.; authorizing
87	the department to waive specified prequalification
88	requirements for certain transportation projects under
89	certain conditions; amending s. 337.18, F.S.; revising
90	surety bond requirements for construction or maintenance
91	contracts; providing for incremental annual surety bonds
92	for multiyear maintenance contracts under certain
93	conditions; revising the threshold for transportation
94	projects eligible for a waiver of surety bond
95	requirements; authorizing the department to provide for
96	phased surety bond coverage or an alternate means of
97	security for a portion of the contract amount in lieu of
98	the surety bond; amending s. 338.161, F.S.; providing for
99	the Department of Transportation and certain toll agencies
100	to enter into agreements with public or private entities
101	for additional uses of electronic toll collection products
102	and services; authorizing feasibility studies by the
103	department or a toll agency of additional uses of
104	electronic toll devices for legislative consideration;
105	amending s. 338.2275, F.S.; raising the limit on
106	outstanding bonds to fund turnpike projects; amending s.
107	339.175, F.S.; revising intent; providing the method of
108	creation and operation of M.P.O.'s required to be
109	designated pursuant to federal law; specifying that an
110	M.P.O. is separate from the state or the governing body of
111	a local government that is represented on the governing
112	board of the M.P.O. or that is a signatory to the
113	interlocal agreement creating the M.P.O.; providing
114	specified powers and privileges to the M.P.O.; providing
115	for the designation and duties of certain officials;
116	revising requirements for voting membership; defining the
117	term "elected officials of a general-purpose local
118	government" to exclude certain constitutional officers for
119	voting membership purposes; providing for the appointment
120	of alternates and advisers; providing that members of an
121	M.P.O. technical advisory committee shall serve at the
122	pleasure of the M.P.O.; providing for the appointment of
123	an executive or staff director and other personnel;
124	authorizing an M.P.O. to enter into contracts with public
125	or private entities to accomplish its duties and
126	functions; providing for the training of certain persons
127	who serve on an M.P.O. for certain purposes; requiring
128	that certain plans, programs, and amendments that affect
129	projects be approved by each M.P.O. on a recorded roll
130	call vote, or hand-counted vote, of a majority of the
131	membership present; amending s. 339.2819, F.S.; revising
132	the share of matching funds for a public transportation
133	project provided from the Transportation Regional
134	Incentive Program; amending s. 339.55, F.S.; providing for
135	the use of State Infrastructure Bank loans for certain
136	damaged transportation facilities in areas officially
137	declared to be in a state of emergency; providing
138	criteria; amending s. 343.81, F.S.; prohibiting elected
139	officials from serving on the Northwest Florida
140	Transportation Corridor Authority; providing for
141	application of the prohibition to apply to persons
142	appointed to serve on the authority after a certain date;
143	amending s. 343.82, F.S.; directing the authority to plan
144	for and study the feasibility of constructing, operating,
145	and maintaining a bridge or bridges, and appurtenant
146	structures, spanning Choctawhatchee Bay or Santa Rosa
147	Sound; authorizing the authority to construct, operate,
148	and maintain said bridges and structures; amending s.
149	348.0004, F.S.; authorizing certain transportation-related
150	authorities to enter into agreements with private entities
151	for the building, operation, ownership, or financing of
152	transportation facilities; amending s. 348.0012, F.S.;
153	revising provisions for certain exemptions from the
154	Florida Expressway Authority Act; amending s. 348.754,
155	F.S.; authorizing the Orlando-Orange County Expressway
156	Authority to waive payment and performance bonds on
157	certain construction contracts if the contract is awarded
158	pursuant to an economic development program for the
159	encouragement of local small businesses; providing
160	criteria for participation in the program; providing
161	criteria for the bond waiver; providing for certain
162	determinations by the authority's executive director or a
163	designee as to the suitability of a project; providing for
164	certain payment obligations if a payment and performance
165	bond is waived; requiring the authority to record notice
166	of the obligation; limiting eligibility to bid on the
167	projects; providing for the authority to conduct bond
168	eligibility training for certain businesses; requiring the
169	authority to submit biennial reports to the Orange County
170	legislative delegation; amending ss. 163.3177, 339.176,
171	and 341.828, F.S.; correcting cross-references; amending
172	s.2, ch. 89-383, Laws of Florida; providing for certain
173	alterations to and along Red Road in Miami-Dade County for
174	transportation safety purposes; providing an effective
175	date.
176
177	Be It Enacted by the Legislature of the State of Florida:
178
179	Section 1.  Paragraph (h) of subsection (2) and paragraph
180	(a) of subsection (4) of section 20.23, Florida Statutes, are
181	amended to read:
182	20.23  Department of Transportation.--There is created a
183	Department of Transportation which shall be a decentralized
184	agency.
185	(2)
186	(h)  The commission shall appoint an executive director and
187	assistant executive director, who shall serve under the
188	direction, supervision, and control of the commission. The
189	executive director, with the consent of the commission, shall
190	employ such staff as are necessary to perform adequately the
191	functions of the commission, within budgetary limitations. All
192	employees of the commission are exempt from part II of chapter
193	110 and shall serve at the pleasure of the commission. The
194	salaries and benefits of all employees of the commission, except
195	for the executive director, shall be set in accordance with the
196	Selected Exempt Service; provided, however, that the salary and
197	benefits of the executive director shall be set in accordance
198	with the Senior Management Service. The commission shall have
199	complete authority for fixing the salary of the executive
200	director and assistant executive director.
201	(4)(a)  The operations of the department shall be organized
202	into seven districts, each headed by a district secretary and a
203	turnpike enterprise, headed by an executive director. The
204	district secretaries and the turnpike executive director shall
205	be registered professional engineers in accordance with the
206	provisions of chapter 471 or, in lieu of professional engineer
207	registration, a district secretary or turnpike executive
208	director may hold an advanced degree in an appropriate related
209	discipline, such as a Master of Business Administration, or may
210	have a minimum of 5 years of senior-level business managerial
211	experience. The headquarters of the districts shall be located
212	in Polk, Columbia, Washington, Broward, Volusia, Dade, and
213	Hillsborough Counties. The headquarters of the turnpike
214	enterprise shall be located in Orange County. In order to
215	provide for efficient operations and to expedite the
216	decisionmaking process, the department shall provide for maximum
217	decentralization to the districts.
218	Section 2.  Subsection (14) of section 112.061, Florida
219	Statutes, is amended to read:
220	112.061  Per diem and travel expenses of public officers,
221	employees, and authorized persons.--
222	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
223	SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
224	ORGANIZATIONS.--
225	(a)  The following entities may establish rates that vary
226	from the per diem rate provided in paragraph (6)(a), the
227	subsistence rates provided in paragraph (6)(b), or the mileage
228	rate provided in paragraph (7)(d) if those rates are not less
229	than the statutorily established rates that are in effect for
230	the 2005-2006 fiscal year:
231	1.  The governing body of a county by the enactment of an
232	ordinance or resolution;
233	2.  A county constitutional officer, pursuant to s. 1(d),
234	Art. VIII of the State Constitution, by the establishment of
235	written policy;
236	3.  The governing body of a district school board by the
237	adoption of rules; or
238	4.  The governing body of a special district, as defined in
239	s. 189.403(1), except those special districts that are subject
240	to s. 166.021(10), by the enactment of a resolution; or
241	5.  Any metropolitan planning organization created pursuant
242	to s. 339.175 or any other separate legal or administrative
243	entity created pursuant to s. 339.175 of which a metropolitan
244	planning organization is a member, by the enactment of a
245	resolution.
246	(b)  Rates established pursuant to paragraph (a) must apply
247	uniformly to all travel by the county, county constitutional
248	officer and entity governed by that officer, district school
249	board, or special district, or metropolitan planning
250	organization.
251	(c)  Except as otherwise provided in this subsection,
252	counties, county constitutional officers and entities governed
253	by those officers, district school boards, and special
254	districts, and metropolitan planning organizations, other than
255	those subject to s. 166.021(10), remain subject to the
256	requirements of this section.
257	Section 3.  Subsection (11), paragraph (a) of subsection
258	(42), and paragraph (b) of subsection (52) of section 121.021,
259	Florida Statutes, are amended, and subsection (62) is added to
260	that section, to read:
261	121.021  Definitions.--The following words and phrases as
262	used in this chapter have the respective meanings set forth
263	unless a different meaning is plainly required by the context:
264	(11)  "Officer or employee" means any person receiving
265	salary payments for work performed in a regularly established
266	position and, if employed by a city, a metropolitan planning
267	organization, or a special district, employed in a covered
268	group.
269	(42)(a)  "Local agency employer" means the board of county
270	commissioners or other legislative governing body of a county,
271	however styled, including that of a consolidated or metropolitan
272	government; a clerk of the circuit court, sheriff, property
273	appraiser, tax collector, or supervisor of elections, provided
274	such officer is elected or has been appointed to fill a vacancy
275	in an elective office; a community college board of trustees or
276	district school board; or the governing body of any city,
277	metropolitan planning organization created pursuant to s.
278	339.175 or any other separate legal or administrative entity
279	created pursuant to s. 339.175, or special district of the state
280	which participates in the system for the benefit of certain of
281	its employees.
282	(52)  "Regularly established position" is defined as
283	follows:
284	(b)  In a local agency (district school board, county
285	agency, community college, city, metropolitan planning
286	organization, or special district), the term means a regularly
287	established position which will be in existence for a period
288	beyond 6 consecutive months, except as provided by rule.
289	(62)  "Metropolitan planning organization" means an entity
290	created by an interlocal agreement pursuant to s. 339.175 or any
291	other entity created pursuant to s. 339.175.
292	Section 4.  Paragraph (b) of subsection (2) of section
293	121.051, Florida Statutes, is amended to read:
294	121.051  Participation in the system.--
295	(2)  OPTIONAL PARTICIPATION.--
296	(b)1.  The governing body of any municipality, metropolitan
297	planning organization, or special district in the state may
298	elect to participate in the system upon proper application to
299	the administrator and may cover all or any of its units as
300	approved by the Secretary of Health and Human Services and the
301	administrator. The department shall adopt rules establishing
302	provisions for the submission of documents necessary for such
303	application. Prior to being approved for participation in the
304	Florida Retirement System, the governing body of any such
305	municipality, metropolitan planning organization, or special
306	district that has a local retirement system shall submit to the
307	administrator a certified financial statement showing the
308	condition of the local retirement system as of a date within 3
309	months prior to the proposed effective date of membership in the
310	Florida Retirement System. The statement must be certified by a
311	recognized accounting firm that is independent of the local
312	retirement system. All required documents necessary for
313	extending Florida Retirement System coverage must be received by
314	the department for consideration at least 15 days prior to the
315	proposed effective date of coverage. If the municipality,
316	metropolitan planning organization, or special district does not
317	comply with this requirement, the department may require that
318	the effective date of coverage be changed.
319	2.  Any city, metropolitan planning organization, or
320	special district that has an existing retirement system covering
321	the employees in the units that are to be brought under the
322	Florida Retirement System may participate only after holding a
323	referendum in which all employees in the affected units have the
324	right to participate. Only those employees electing coverage
325	under the Florida Retirement System by affirmative vote in said
326	referendum shall be eligible for coverage under this chapter,
327	and those not participating or electing not to be covered by the
328	Florida Retirement System shall remain in their present systems
329	and shall not be eligible for coverage under this chapter. After
330	the referendum is held, all future employees shall be compulsory
331	members of the Florida Retirement System.
332	3.  The governing body of any city, metropolitan planning
333	organization, or special district complying with subparagraph 1.
334	may elect to provide, or not provide, benefits based on past
335	service of officers and employees as described in s. 121.081(1).
336	However, if such employer elects to provide past service
337	benefits, such benefits must be provided for all officers and
338	employees of its covered group.
339	4.  Once this election is made and approved it may not be
340	revoked, except pursuant to subparagraphs 5. and 6., and all
341	present officers and employees electing coverage under this
342	chapter and all future officers and employees shall be
343	compulsory members of the Florida Retirement System.
344	5.  Subject to the conditions set forth in subparagraph 6.,
345	the governing body of any hospital licensed under chapter 395
346	which is governed by the board of a special district as defined
347	in s. 189.403(1) or by the board of trustees of a public health
348	trust created under s. 154.07, hereinafter referred to as
349	"hospital district," and which participates in the system, may
350	elect to cease participation in the system with regard to future
351	employees in accordance with the following procedure:
352	a.  No more than 30 days and at least 7 days before
353	adopting a resolution to partially withdraw from the Florida
354	Retirement System and establish an alternative retirement plan
355	for future employees, a public hearing must be held on the
356	proposed withdrawal and proposed alternative plan.
357	b.  From 7 to 15 days before such hearing, notice of intent
358	to withdraw, specifying the time and place of the hearing, must
359	be provided in writing to employees of the hospital district
360	proposing partial withdrawal and must be published in a
361	newspaper of general circulation in the area affected, as
362	provided by ss. 50.011-50.031. Proof of publication of such
363	notice shall be submitted to the Department of Management
364	Services.
365	c.  The governing body of any hospital district seeking to
366	partially withdraw from the system must, before such hearing,
367	have an actuarial report prepared and certified by an enrolled
368	actuary, as defined in s. 112.625(3), illustrating the cost to
369	the hospital district of providing, through the retirement plan
370	that the hospital district is to adopt, benefits for new
371	employees comparable to those provided under the Florida
372	Retirement System.
373	d.  Upon meeting all applicable requirements of this
374	subparagraph, and subject to the conditions set forth in
375	subparagraph 6., partial withdrawal from the system and adoption
376	of the alternative retirement plan may be accomplished by
377	resolution duly adopted by the hospital district board. The
378	hospital district board must provide written notice of such
379	withdrawal to the division by mailing a copy of the resolution
380	to the division, postmarked no later than December 15, 1995. The
381	withdrawal shall take effect January 1, 1996.
382	6.  Following the adoption of a resolution under sub-
383	subparagraph 5.d., all employees of the withdrawing hospital
384	district who were participants in the Florida Retirement System
385	prior to January 1, 1996, shall remain as participants in the
386	system for as long as they are employees of the hospital
387	district, and all rights, duties, and obligations between the
388	hospital district, the system, and the employees shall remain in
389	full force and effect. Any employee who is hired or appointed on
390	or after January 1, 1996, may not participate in the Florida
391	Retirement System, and the withdrawing hospital district shall
392	have no obligation to the system with respect to such employees.
393	Section 5.  Paragraph (l) is added to subsection (1) of
394	section 121.055, Florida Statutes, to read:
395	121.055  Senior Management Service Class.--There is hereby
396	established a separate class of membership within the Florida
397	Retirement System to be known as the "Senior Management Service
398	Class," which shall become effective February 1, 1987.
399	(1)
400	(l)  For each metropolitan planning organization that has
401	opted to become part of the Florida Retirement System,
402	participation in the Senior Management Service Class shall be
403	compulsory for the executive director or staff director of that
404	metropolitan planning organization.
405	Section 6.  Paragraphs (a) and (c) of subsection (2) of
406	section 121.061, Florida Statutes, are amended to read:
407	121.061  Funding.--
408	(2)(a)  Should any employer other than a state employer
409	fail to make the retirement and social security contributions,
410	both member and employer contributions, required by this
411	chapter, then, upon request by the administrator, the Department
412	of Revenue or the Department of Financial Services, as the case
413	may be, shall deduct the amount owed by the employer from any
414	funds to be distributed by it to the county, city, metropolitan
415	planning organization, special district, or consolidated form of
416	government. The amounts so deducted shall be transferred to the
417	administrator for further distribution to the trust funds in
418	accordance with this chapter.
419	(c)  The governing body of each county, city, metropolitan
420	planning organization, special district, or consolidated form of
421	government participating under this chapter or the
422	administrator, acting individually or jointly, is hereby
423	authorized to file and maintain an action in the courts of the
424	state to require any employer to remit any retirement or social
425	security member contributions or employer matching payments due
426	the retirement or social security trust funds under the
427	provisions of this chapter.
428	Section 7.  Paragraphs (a), (b), and (e) of subsection (1)
429	of section 121.081, Florida Statutes, are amended to read:
430	121.081  Past service; prior service;
431	contributions.--Conditions under which past service or prior
432	service may be claimed and credited are:
433	(1)(a)  Past service, as defined in s. 121.021(18), may be
434	claimed as creditable service by officers or employees of a
435	city, metropolitan planning organization, or special district
436	that become a covered group under this system. The governing
437	body of a covered group in compliance with s. 121.051(2)(b) may
438	elect to provide benefits with respect to past service earned
439	prior to January 1, 1975, in accordance with this chapter, and
440	the cost for such past service shall be established by applying
441	the following formula: The member contribution for both regular
442	and special risk members shall be 4 percent of the gross annual
443	salary for each year of past service claimed, plus 4-percent
444	employer matching contribution, plus 4 percent interest thereon
445	compounded annually, figured on each year of past service, with
446	interest compounded from date of annual salary earned until July
447	1, 1975, and 6.5 percent interest compounded annually thereafter
448	until date of payment. Once the total cost for a member has been
449	figured to date, then after July 1, 1975, 6.5 percent compounded
450	interest shall be added each June 30 thereafter on any unpaid
451	balance until the cost of such past service liability is paid in
452	full. The following formula shall be used in calculating past
453	service earned prior to January 1, 1975: (Annual gross salary
454	multiplied by 8 percent) multiplied by the 4 percent or 6.5
455	percent compound interest table factor, as may be applicable.
456	The resulting product equals cost to date for each particular
457	year of past service.
458	(b)  Past service earned after January 1, 1975, may be
459	claimed by officers or employees of a city, metropolitan
460	planning organization, or special district that becomes a
461	covered group under this system. The governing body of a covered
462	group may elect to provide benefits with respect to past service
463	earned after January 1, 1975, in accordance with this chapter,
464	and the cost for such past service shall be established by
465	applying the following formula: The employer shall contribute an
466	amount equal to the contribution rate in effect at the time the
467	service was earned, multiplied by the employee's gross salary
468	for each year of past service claimed, plus 6.5 percent interest
469	thereon, compounded annually, figured on each year of past
470	service, with interest compounded from date of annual salary
471	earned until date of payment.
472	(e)  Past service, as defined in s. 121.021(18), may be
473	claimed as creditable service by a member of the Florida
474	Retirement System who formerly was an officer or employee of a
475	city, metropolitan planning organization, or special district,
476	notwithstanding the status or form of the retirement system, if
477	any, of that city, metropolitan planning organization, or
478	special district and irrespective of whether officers or
479	employees of that city, metropolitan planning organization, or
480	special district now or hereafter become a covered group under
481	the Florida Retirement System. Such member may claim creditable
482	service and be entitled to the benefits accruing to the regular
483	class of members as provided for the past service claimed under
484	this paragraph by paying into the retirement trust fund an
485	amount equal to the total actuarial cost of providing the
486	additional benefit resulting from such past-service credit,
487	discounted by the applicable actuarial factors to date of
488	retirement.
489	Section 8.  Subsection (1) of section 215.615, Florida
490	Statutes, is amended to read:
491	215.615  Fixed-guideway transportation systems funding.--
492	(1)  The issuance of revenue bonds by the Division of Bond
493	Finance, on behalf of the Department of Transportation, pursuant
494	to s. 11, Art. VII of the State Constitution, is authorized,
495	pursuant to the State Bond Act, to finance or refinance fixed
496	capital expenditures for fixed-guideway transportation systems,
497	as defined in s. 341.031, including facilities appurtenant
498	thereto, costs of issuance, and other amounts relating to such
499	financing or refinancing. Such revenue bonds shall be matched on
500	a 50-50 basis with funds from sources other than revenues of the
501	Department of Transportation, in a manner acceptable to the
502	Department of Transportation. The Division of Bond Finance is
503	authorized to consider innovative financing techniques,
504	technologies which may include, but are not limited to,
505	innovative bidding and structures of potential financings
506	findings that may result in negotiated transactions. The
507	following conditions apply to the issuance of revenue bonds for
508	fixed-guideway transportation systems:
509	(a)  The department and any participating commuter rail
510	authority or regional transportation authority established under
511	chapter 343, local governments, or local governments
512	collectively by interlocal agreement having jurisdiction of a
513	fixed-guideway transportation system may enter into an
514	interlocal agreement to promote the efficient and cost-effective
515	financing or refinancing of fixed-guideway transportation system
516	projects by revenue bonds issued pursuant to this subsection.
517	The terms of such interlocal agreements shall include provisions
518	for the Department of Transportation to request the issuance of
519	the bonds on behalf of the parties; shall provide that after
520	reimbursement pursuant to interlocal agreement, the department's
521	share may be up to 50 percent of the eligible project cost,
522	which may include a share of annual each party to the agreement
523	is contractually liable for an equal share of funding an amount
524	equal to the debt service requirements of such bonds; and shall
525	include any other terms, provisions, or covenants necessary to
526	the making of and full performance under such interlocal
527	agreement. Repayments made to the department under any
528	interlocal agreement are not pledged to the repayment of bonds
529	issued hereunder, and failure of the local governmental
530	authority to make such payment shall not affect the obligation
531	of the department to pay debt service on the bonds.
532	(b)  Revenue bonds issued pursuant to this subsection shall
533	not constitute a general obligation of, or a pledge of the full
534	faith and credit of, the State of Florida. Bonds issued pursuant
535	to this section shall be payable from funds available pursuant
536	to s. 206.46(3), or other funds available to the project,
537	subject to annual appropriation. The amount of revenues
538	available for debt service shall never exceed a maximum of 2
539	percent of all state revenues deposited into the State
540	Transportation Trust Fund.
541	(c)  The projects to be financed or refinanced with the
542	proceeds of the revenue bonds issued hereunder are designated as
543	state fixed capital outlay projects for purposes of s. 11(d),
544	Art. VII of the State Constitution, and the specific projects to
545	be financed or refinanced shall be determined by the Department
546	of Transportation in accordance with state law and
547	appropriations from the State Transportation Trust Fund. Each
548	project to be financed with the proceeds of the bonds issued
549	pursuant to this subsection must first be approved by the
550	Legislature by an act of general law.
551	(d)  Any complaint for validation of bonds issued pursuant
552	to this section shall be filed in the circuit court of the
553	county where the seat of state government is situated, the
554	notice required to be published by s. 75.06 shall be published
555	only in the county where the complaint is filed, and the
556	complaint and order of the circuit court shall be served only on
557	the state attorney of the circuit in which the action is
558	pending.
559	(e)  The state does hereby covenant with holders of such
560	revenue bonds or other instruments of indebtedness issued
561	hereunder, that it will not repeal or impair or amend these
562	provisions in any manner that will materially and adversely
563	affect the rights of such holders as long as bonds authorized by
564	this subsection are outstanding.
565	(f)  This subsection supersedes any inconsistent provisions
566	in existing law.
567
568	Notwithstanding this subsection, the lien of revenue bonds
569	issued pursuant to this subsection on moneys deposited into the
570	State Transportation Trust Fund shall be subordinate to the lien
571	on such moneys of bonds issued under ss. 215.605, 320.20, and
572	215.616, and any pledge of such moneys to pay operating and
573	maintenance expenses under s. 206.46(5) and chapter 348, as may
574	be amended.
575	Section 9.  Subsection (1) of section 316.605, Florida
576	Statutes, is amended to read:
577	316.605  Licensing of vehicles.--
578	(1)  Every vehicle, at all times while driven, stopped, or
579	parked upon any highways, roads, or streets of this state, shall
580	be licensed in the name of the owner thereof in accordance with
581	the laws of this state unless such vehicle is not required by
582	the laws of this state to be licensed in this state and shall,
583	except as otherwise provided in s. 320.0706 for front-end
584	registration license plates on truck tractors and s. 320.086(5)
585	which exempts display of license plates on described former
586	military vehicles, display the license plate or both of the
587	license plates assigned to it by the state, one on the rear and,
588	if two, the other on the front of the vehicle, each to be
589	securely fastened to the vehicle outside the main body of the
590	vehicle not higher than 60 inches and not lower than 12 inches
591	from the ground and in such manner as to prevent the plates from
592	swinging, and all letters, numerals, printing, writing, and
593	other identification marks upon the plates regarding the word
594	"Florida," the registration decal, and the alphanumeric
595	designation shall be clear and distinct and free from
596	defacement, mutilation, grease, and other obscuring matter, so
597	that they will be plainly visible and legible at all times 100
598	feet from the rear or front. Vehicle license plates shall be
599	affixed and displayed in such a manner that the letters and
600	numerals shall be read from left to right parallel to the
601	ground. No vehicle license plate may be displayed in an inverted
602	or reversed position or in such a manner that the letters and
603	numbers and their proper sequence are not readily identifiable.
604	Nothing shall be placed upon the face of a Florida plate except
605	as permitted by law or by rule or regulation of a governmental
606	agency. No license plates other than those furnished by the
607	state shall be used. However, if the vehicle is not required to
608	be licensed in this state, the license plates on such vehicle
609	issued by another state, by a territory, possession, or district
610	of the United States, or by a foreign country, substantially
611	complying with the provisions hereof, shall be considered as
612	complying with this chapter. A violation of this subsection is a
613	noncriminal traffic infraction, punishable as a nonmoving
614	violation as provided in chapter 318.
615	Section 10.  Paragraph (b) of subsection (3) of section
616	316.650, Florida Statutes, is amended to read:
617	316.650  Traffic citations.--
618	(3)
619	(b)  If a traffic citation is issued pursuant to s.
620	316.1001, a traffic enforcement officer may deposit the original
621	and one copy of such traffic citation or, in the case of a
622	traffic enforcement agency that has an automated citation
623	system, may provide an electronic facsimile with a court having
624	jurisdiction over the alleged offense or with its traffic
625	violations bureau within 45 days after the date of issuance of
626	the citation to the violator. If the person cited for the
627	violation of s. 316.1001 makes the election provided by s.
628	318.14(12) and pays the fine imposed by the toll authority plus
629	the amount of the unpaid toll that is shown on the traffic
630	citation directly to the governmental entity that issued the
631	citation in accordance with s. 318.14(12), the traffic citation
632	will not be submitted to the court, the disposition will be
633	reported to the department by the governmental entity that
634	issued the citation, and no points will be assessed against the
635	person's driver's license.
636	Section 11.  Subsection (12) of section 318.14, Florida
637	Statutes, is amended to read:
638	318.14  Noncriminal traffic infractions; exception;
639	procedures.--
640	(12)  Any person cited for a violation of s. 316.1001 may,
641	in lieu of making an election as set forth in subsection (4) or
642	s. 318.18(7), elect to pay a his or her fine of $25, or such
643	other amount as imposed by the toll authority, plus the amount
644	of the unpaid toll that is shown on the traffic citation
645	directly to the governmental entity that issued the citation,
646	within 30 days after the date of issuance of the citation. Any
647	person cited for a violation of s. 316.1001 who does not elect
648	to pay the fine imposed by the toll authority plus the amount of
649	the unpaid toll that is shown on the traffic citation directly
650	to the governmental entity that issued the citation as described
651	in this subsection section shall have an additional 45 days
652	after the date of the issuance of the citation in which to
653	request a court hearing or to pay the civil penalty and
654	delinquent fee, if applicable, as provided in s. 318.18(7),
655	either by mail or in person, in accordance with subsection (4).
656	Section 12.  Subsection (7) of section 318.18, Florida
657	Statutes, is amended to read:
658	318.18  Amount of civil penalties.--The penalties required
659	for a noncriminal disposition pursuant to s. 318.14 are as
660	follows:
661	(7)  Mandatory $100 fine one hundred dollars for each a
662	violation of s. 316.1001 plus the amount of the unpaid toll
663	shown on the traffic citation for each citation issued. The
664	clerk of the court shall forward $25 of the $100 fine received,
665	plus the amount of the unpaid toll that is shown on the
666	citation, to the governmental entity that issued the citation.
667	If a plea arrangement is reached prior to the date set for a
668	scheduled evidentiary hearing, there shall be a mandatory fine
669	assessed per citation of not less than $50 and not more than
670	$100, plus the amount of the unpaid toll for each citation
671	issued. The clerk of the court shall forward $25 of the fine
672	imposed, plus the amount of the unpaid toll that is shown on the
673	citation, to the governmental entity that issued the citation.
674	The court shall have specific authority to consolidate issued
675	citations for the same defendant for the purpose of sentencing
676	and aggregate jurisdiction. In addition, the department shall
677	suspend for 60 days the driver's license of a person who is
678	convicted of 10 violations of s. 316.1001 within a 36-month
679	period. However, a person may elect to pay $30 to the clerk of
680	the court, in which case adjudication is withheld, and no points
681	are assessed under s. 322.27. Upon receipt of the fine, the
682	clerk of the court must retain $5 for administrative purposes
683	and must forward the $25 to the governmental entity that issued
684	the citation. Any funds received by a governmental entity for
685	this violation may be used for any lawful purpose related to the
686	operation or maintenance of a toll facility.
687	Section 13.  Section 320.061, Florida Statutes, is amended
688	to read:
689	320.061  Unlawful to alter motor vehicle registration
690	certificates, license plates, mobile home stickers, or
691	validation stickers or to obscure license plates; penalty.--
692	(1)  No person shall alter the original appearance of any
693	registration license plate, mobile home sticker, validation
694	sticker, or vehicle registration certificate issued for and
695	assigned to any motor vehicle or mobile home, whether by
696	mutilation, alteration, defacement, or change of color or in any
697	other manner. Any person who violates the provisions of this
698	subsection commits section is guilty of a misdemeanor of the
699	second degree, punishable as provided in s. 775.082 or s.
700	775.083.
701	(2)(a)  No person shall apply or attach any substance,
702	reflective matter, illuminated device, spray, coating, covering,
703	or other material onto or around any license plate that
704	interferes with the legibility, angular visibility, or
705	detectability of any feature or detail on the license plate or
706	interferes with the ability to photograph or otherwise record
707	any feature or detail on the license plate. The advertising,
708	sale, distribution, purchase, or use of any product made for the
709	purpose of interfering with the legibility, angular visibility,
710	or detectability of any feature or detail on a license plate or
711	interfering with the ability to photograph or otherwise record
712	any feature or detail on a license plate is prohibited. Any
713	person who violates this paragraph commits a misdemeanor of the
714	second degree, punishable as provided in s. 775.082 or s.
715	775.083.
716	(b)  If a state or local law enforcement officer having
717	jurisdiction observes that a cover or other device is
718	obstructing the visibility or electronic image recording of a
719	license plate, the officer shall issue a uniform traffic
720	citation and shall confiscate the cover or other device that
721	obstructs the visibility or electronic image recording of the
722	plate. If a state or local law enforcement officer having
723	jurisdiction observes that a license plate has been physically
724	treated with a substance, reflective matter, spray, coating, or
725	other material that is obstructing the visibility or electronic
726	image recording of the plate, the officer shall issue a uniform
727	traffic citation and shall confiscate the plate. The department
728	shall revoke the registration of any plate that has been found
729	by a court to have been physically altered with any chemical or
730	reflective substance or coating that obstructs the visibility or
731	electronic image recording of the plate.
732	(c)  The Attorney General may file suit against any
733	individual or entity offering or marketing the sale of,
734	including via the Internet, any product advertised as having the
735	capacity to obstruct the visibility or electronic image
736	recording of a license plate. In addition to injunctive and
737	monetary relief, punitive damages, and attorney's fees, the suit
738	shall also seek a full accounting of the records of all sales to
739	residents of or entities within this state.
740	Section 14.  Paragraph (c) of subsection (6) and subsection
741	(8) of section 332.007, Florida Statutes, are amended to read:
742	332.007  Administration and financing of aviation and
743	airport programs and projects; state plan.--
744	(6)  Subject to the availability of appropriated funds, the
745	department may participate in the capital cost of eligible
746	public airport and aviation development projects in accordance
747	with the following rates, unless otherwise provided in the
748	General Appropriations Act or the substantive bill implementing
749	the General Appropriations Act:
750	(c)  When federal funds are not available, the department
751	may fund up to 80 percent of master planning and eligible
752	aviation development projects at publicly owned, publicly
753	operated airports. If federal funds are available but
754	insufficient to meet the maximum authorized federal share, the
755	department may fund up to 80 percent of the nonfederal share of
756	such projects. Such funding is limited to airports that have no
757	scheduled commercial service.
758	(8)  Notwithstanding any other provision of law to the
759	contrary, the department is authorized to fund security projects
760	at provide operational and maintenance assistance to publicly
761	owned public-use airports. Such assistance shall be to comply
762	with enhanced federal security requirements or to address
763	related economic impacts from the events of September 11, 2001.
764	For projects in the current adopted work program, or projects
765	added using the available budget of the department, airports may
766	request the department change the project purpose in accordance
767	with this provision notwithstanding the provisions of s.
768	339.135(7). For purposes of this subsection, the department may
769	fund up to 100 percent of eligible project costs that are not
770	funded by the Federal Government. Prior to releasing any funds
771	under this section, the department shall review and approve the
772	expenditure plans submitted by the airport. The department shall
773	inform the Legislature of any change that it approves under this
774	subsection. This subsection shall expire on June 30, 2012 2007.
775	Section 15.  Paragraph (c) of subsection (1) of section
776	336.025, Florida Statutes, is amended to read:
777	336.025  County transportation system; levy of local option
778	fuel tax on motor fuel and diesel fuel.--
779	(1)
780	(c)  Local governments may use the services of the Division
781	of Bond Finance of the State Board of Administration pursuant to
782	the State Bond Act to issue any bonds through the provisions of
783	this section and may pledge the revenues from local option fuel
784	taxes to secure the payment of the bonds. In no case may a
785	jurisdiction issue bonds pursuant to this section more
786	frequently than once per year. Counties and municipalities may
787	join together for the issuance of bonds issued pursuant to this
788	section.
789	Section 16.  Paragraph (a) of subsection (3) of section
790	337.11, Florida Statutes, is amended to read:
791	337.11  Contracting authority of department; bids;
792	emergency repairs, supplemental agreements, and change orders;
793	combined design and construction contracts; progress payments;
794	records; requirements of vehicle registration.--
795	(3)(a)  On all construction contracts of $250,000 or less,
796	and any construction contract of less than $500,000 for which
797	the department has waived prequalification under s. 337.14, the
798	department shall advertise for bids in a newspaper having
799	general circulation in the county where the proposed work is
800	located. Publication shall be at least once a week for no less
801	than 2 consecutive weeks, and the first publication shall be no
802	less than 14 days prior to the date on which bids are to be
803	received.
804	Section 17.  Subsection (1) of section 337.14, Florida
805	Statutes, is amended to read:
806	337.14  Application for qualification; certificate of
807	qualification; restrictions; request for hearing.--
808	(1)  Any person desiring to bid for the performance of any
809	construction contract in excess of $250,000 which the department
810	proposes to let must first be certified by the department as
811	qualified pursuant to this section and rules of the department.
812	The rules of the department shall address the qualification of
813	persons to bid on construction contracts in excess of $250,000
814	and shall include requirements with respect to the equipment,
815	past record, experience, financial resources, and organizational
816	personnel of the applicant necessary to perform the specific
817	class of work for which the person seeks certification. The
818	department is authorized to limit the dollar amount of any
819	contract upon which a person is qualified to bid or the
820	aggregate total dollar volume of contracts such person is
821	allowed to have under contract at any one time. Each applicant
822	seeking qualification to bid on construction contracts in excess
823	of $250,000 shall furnish the department a statement under oath,
824	on such forms as the department may prescribe, setting forth
825	detailed information as required on the application. Each
826	application for certification shall be accompanied by the latest
827	annual financial statement of the applicant completed within the
828	last 12 months. If the annual financial statement shows the
829	financial condition of the applicant more than 4 months prior to
830	the date on which the application is received by the department,
831	then an interim financial statement must also be submitted. The
832	interim financial statement must cover the period from the end
833	date of the annual statement and must show the financial
834	condition of the applicant no more than 4 months prior to the
835	date on which the application is received by the department.
836	Each required annual or interim financial statement must be
837	audited and accompanied by the opinion of a certified public
838	accountant or a public accountant approved by the department.
839	The information required by this subsection is confidential and
840	exempt from the provisions of s. 119.07(1).  The department
841	shall act upon the application for qualification within 30 days
842	after the department determines that the application is
843	complete. The department may waive the requirements of this
844	subsection for projects having a contract price of $500,000 or
845	less if the department determines that the project is of a
846	noncritical nature and the waiver will not endanger public
847	health, safety, or property.
848	Section 18.  Paragraph (a) of subsection (1) of section
849	337.18, Florida Statutes, is amended to read:
850	337.18  Surety bonds for construction or maintenance
851	contracts; requirement with respect to contract award; bond
852	requirements; defaults; damage assessments.--
853	(1)(a)  A surety bond shall be required of the successful
854	bidder in an amount equal to the awarded contract price.
855	However, the department may choose, in its discretion and
856	applicable only to multiyear maintenance contracts, to allow for
857	incremental annual contract bonds that cumulatively total the
858	full, awarded, multiyear contract price. For a project for which
859	the contract price is $250,000 $150,000 or less, the department
860	may waive the requirement for all or a portion of a surety bond
861	if it determines the project is of a noncritical nature and
862	nonperformance will not endanger public health, safety, or
863	property. If the secretary or his designee determines that it is
864	in the best interests of the department to reduce the bonding
865	requirement for a project and that to do so will not endanger
866	public health, safety, or property, the department may waive the
867	requirement of a surety bond in an amount equal to the awarded
868	contract price for a project having a contract price of $250
869	million or more and, in its place, may set a surety bond amount
870	that is a portion of the total contract price and provide an
871	alternate means of security for the balance of the contract
872	amount that is not covered by the surety bond or provide for
873	incremental surety bonding and provide an alternate means of
874	security for the balance of the contract amount that is not
875	covered by the surety bond. Such alternative means of security
876	may include letters of credit, United States bonds and notes,
877	parent company guaranties, and cash collateral. The department
878	may require alternate means of security if a surety bond is
879	waived. The surety on such bond shall be a surety company
880	authorized to do business in the state. All bonds shall be
881	payable to the department and conditioned for the prompt,
882	faithful, and efficient performance of the contract according to
883	plans and specifications and within the time period specified,
884	and for the prompt payment of all persons defined in s. 713.01
885	furnishing labor, material, equipment, and supplies for work
886	provided in the contract; however, whenever an improvement,
887	demolition, or removal contract price is $25,000 or less, the
888	security may, in the discretion of the bidder, be in the form of
889	a cashier's check, bank money order of any state or national
890	bank, certified check, or postal money order. The department
891	shall adopt rules to implement this subsection. Such rules shall
892	include provisions under which the department shall refuse to
893	accept bonds on contracts when a surety wrongfully fails or
894	refuses to settle or provide a defense for claims or actions
895	arising under a contract for which the surety previously
896	furnished a bond.
897	Section 19.  Subsection (3) is added to section 338.161,
898	Florida Statutes, to read:
899	338.161  Authority of department or toll agencies to
900	advertise and promote electronic toll collection; expanded uses
901	of electronic toll collection system; studies authorized.--
902	(3)(a)  The department or any toll agency created by
903	statute may incur expenses to advertise or promote its
904	electronic toll collection system to consumers on or off the
905	turnpike or toll system.
906	(b)  If the department or any toll agency created by
907	statute finds that it can increase nontoll revenues or add
908	convenience or other value for its customers, the department or
909	toll agency may enter into agreements with any private or public
910	entity allowing the use of its electronic toll collection system
911	to pay parking fees for vehicles equipped with a transponder or
912	similar device. The department or toll agency may initiate
913	feasibility studies of additional future uses of its electronic
914	toll collection system and make recommendations to the
915	Legislature to authorize such uses.
916	Section 20.  Subsection (1) of section 338.2275, Florida
917	Statutes, is amended to read:
918	338.2275  Approved turnpike projects.--
919	(1)  Legislative approval of the department's tentative
920	work program that contains the turnpike project constitutes
921	approval to issue bonds as required by s. 11(f), Art. VII of the
922	State Constitution. No more than $9 billion of bonds may be
923	outstanding to fund approved turnpike projects. Turnpike
924	projects approved to be included in future tentative work
925	programs include, but are not limited to, projects contained in
926	the 2003-2004 tentative work program. A maximum of $4.5 billion
927	of bonds may be issued to fund approved turnpike projects.
928	Section 21.  Section 339.175, Florida Statutes, is amended
929	to read:
930	339.175  Metropolitan planning organization.--
931	(1)  PURPOSE.--It is the intent of the Legislature to
932	encourage and promote the safe and efficient management,
933	operation, and development of surface transportation systems
934	that will serve the mobility needs of people and freight and
935	foster economic growth and development within and through
936	urbanized areas of this state while minimizing transportation-
937	related fuel consumption and air pollution through metropolitan
938	transportation planning processes identified in this section. To
939	accomplish these objectives, metropolitan planning
940	organizations, referred to in this section as M.P.O.'s, shall
941	develop, in cooperation with the state and public transit
942	operators, transportation plans and programs for metropolitan
943	areas. The plans and programs for each metropolitan area must
944	provide for the development and integrated management and
945	operation of transportation systems and facilities, including
946	pedestrian walkways and bicycle transportation facilities that
947	will function as an intermodal transportation system for the
948	metropolitan area, based upon the prevailing principles provided
949	in s. 334.046(1). The process for developing such plans and
950	programs shall provide for consideration of all modes of
951	transportation and shall be continuing, cooperative, and
952	comprehensive, to the degree appropriate, based on the
953	complexity of the transportation problems to be addressed. To
954	ensure that the process is integrated with the statewide
955	planning process, M.P.O.'s shall develop plans and programs that
956	identify transportation facilities that should function as an
957	integrated metropolitan transportation system, giving emphasis
958	to facilities that serve important national, state, and regional
959	transportation functions. For the purposes of this section,
960	those facilities include the facilities on the Strategic
961	Intermodal System designated under s. 339.63 and facilities for
962	which projects have been identified pursuant to s. 339.2819(4).
963	(2)(1)  DESIGNATION.--
964	(a)1.  An M.P.O. shall be designated for each urbanized
965	area of the state; however, this does not require that an
966	individual M.P.O. be designated for each such area. Such
967	designation shall be accomplished by agreement between the
968	Governor and units of general-purpose local government
969	representing at least 75 percent of the population of the
970	urbanized area; however, the unit of general-purpose local
971	government that represents the central city or cities within the
972	M.P.O. jurisdiction, as defined by the United States Bureau of
973	the Census, must be a party to such agreement.
974	2.  More than one M.P.O. may be designated within an
975	existing metropolitan planning area only if the Governor and the
976	existing M.P.O. determine that the size and complexity of the
977	existing metropolitan planning area makes the designation of
978	more than one M.P.O. for the area appropriate.
979	(b)  Each M.P.O. designated in a manner prescribed by Title
980	23 U.S.C. shall be created and operated under the provisions of
981	this section pursuant to an interlocal agreement entered into
982	pursuant to s. 163.01. The signatories to the interlocal
983	agreement shall be the department and the governmental entities
984	designated by the Governor for membership on the M.P.O. Each
985	M.P.O. shall be considered separate from the state or the
986	governing body of a local government that is represented on the
987	governing board of the M.P.O. or that is a signatory to the
988	interlocal agreement creating the M.P.O. and shall have such
989	powers and privileges that are provided under s. 163.01. If
990	there is a conflict between this section and s. 163.01, this
991	section prevails.
992	(c)  The jurisdictional boundaries of an M.P.O. shall be
993	determined by agreement between the Governor and the applicable
994	M.P.O. The boundaries must include at least the metropolitan
995	planning area, which is the existing urbanized area and the
996	contiguous area expected to become urbanized within a 20-year
997	forecast period, and may encompass the entire metropolitan
998	statistical area or the consolidated metropolitan statistical
999	area.
1000	(d)  In the case of an urbanized area designated as a
1001	nonattainment area for ozone or carbon monoxide under the Clean
1002	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
1003	metropolitan planning area in existence as of the date of
1004	enactment of this paragraph shall be retained, except that the
1005	boundaries may be adjusted by agreement of the Governor and
1006	affected metropolitan planning organizations in the manner
1007	described in this section. If more than one M.P.O. has authority
1008	within a metropolitan area or an area that is designated as a
1009	nonattainment area, each M.P.O. shall consult with other
1010	M.P.O.'s designated for such area and with the state in the
1011	coordination of plans and programs required by this section.
1012	(e)  The governing body of the M.P.O. shall designate, at a
1013	minimum, a chair, vice chair, and agency clerk. The chair and
1014	vice chair shall be selected from among the member delegates
1015	comprising the governing board. The agency clerk shall be
1016	charged with the responsibility of preparing meeting minutes and
1017	maintaining agency records. The clerk shall be a member of the
1018	M.P.O. governing board, an employee of the M.P.O., or other
1019	natural person.
1020
1021	Each M.P.O. required under this section must be fully operative
1022	no later than 6 months following its designation.
1023	(3)(2)  VOTING MEMBERSHIP.--
1024	(a)  The voting membership of an M.P.O. shall consist of
1025	not fewer than 5 or more than 19 apportioned members, the exact
1026	number to be determined on an equitable geographic-population
1027	ratio basis by the Governor, based on an agreement among the
1028	affected units of general-purpose local government as required
1029	by federal rules and regulations. The Governor, in accordance
1030	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
1031	represent municipalities to alternate with representatives from
1032	other municipalities within the metropolitan planning area that
1033	do not have members on the M.P.O. County commission members
1034	shall compose not less than one-third of the M.P.O. membership,
1035	except for an M.P.O. with more than 15 members located in a
1036	county with a 5-member five-member county commission or an
1037	M.P.O. with 19 members located in a county with no more than 6
1038	county commissioners, in which case county commission members
1039	may compose less than one-third percent of the M.P.O.
1040	membership, but all county commissioners must be members. All
1041	voting members shall be elected officials of general-purpose
1042	local governments, except that an M.P.O. may include, as part of
1043	its apportioned voting members, a member of a statutorily
1044	authorized planning board, an official of an agency that
1045	operates or administers a major mode of transportation, or an
1046	official of the Florida Space Authority. As used in this
1047	section, the term "elected officials of a general-purpose local
1048	government" shall exclude constitutional officers, including
1049	sheriffs, tax collectors, supervisors of elections, property
1050	appraisers, clerks of the court, and similar types of officials.
1051	County commissioners The county commission shall compose not
1052	less than 20 percent of the M.P.O. membership if an official of
1053	an agency that operates or administers a major mode of
1054	transportation has been appointed to an M.P.O.
1055	(b)  In metropolitan areas in which authorities or other
1056	agencies have been or may be created by law to perform
1057	transportation functions and are performing transportation
1058	functions that are not under the jurisdiction of a general-
1059	purpose general purpose local government represented on the
1060	M.P.O., they shall be provided voting membership on the M.P.O.
1061	In all other M.P.O.'s where transportation authorities or
1062	agencies are to be represented by elected officials from
1063	general-purpose general purpose local governments, the M.P.O.
1064	shall establish a process by which the collective interests of
1065	such authorities or other agencies are expressed and conveyed.
1066	(c)  Any other provision of this section to the contrary
1067	notwithstanding, a chartered county with over 1 million
1068	population may elect to reapportion the membership of an M.P.O.
1069	whose jurisdiction is wholly within the county. The charter
1070	county may exercise the provisions of this paragraph if:
1071	1.  The M.P.O. approves the reapportionment plan by a
1072	three-fourths vote of its membership;
1073	2.  The M.P.O. and the charter county determine that the
1074	reapportionment plan is needed to fulfill specific goals and
1075	policies applicable to that metropolitan planning area; and
1076	3.  The charter county determines the reapportionment plan
1077	otherwise complies with all federal requirements pertaining to
1078	M.P.O. membership.
1079
1080	Any charter county that elects to exercise the provisions of
1081	this paragraph shall notify the Governor in writing.
1082	(d)  Any other provision of this section to the contrary
1083	notwithstanding, any county chartered under s. 6(e), Art. VIII
1084	of the State Constitution may elect to have its county
1085	commission serve as the M.P.O., if the M.P.O. jurisdiction is
1086	wholly contained within the county. Any charter county that
1087	elects to exercise the provisions of this paragraph shall so
1088	notify the Governor in writing. Upon receipt of such
1089	notification, the Governor must designate the county commission
1090	as the M.P.O. The Governor must appoint four additional voting
1091	members to the M.P.O., one of whom must be an elected official
1092	representing a municipality within the county, one of whom must
1093	be an expressway authority member, one of whom must be a person
1094	who does not hold elected public office and who resides in the
1095	unincorporated portion of the county, and one of whom must be a
1096	school board member.
1097	(4)(3)  APPORTIONMENT.--
1098	(a)  The Governor shall, with the agreement of the affected
1099	units of general-purpose local government as required by federal
1100	rules and regulations, apportion the membership on the
1101	applicable M.P.O. among the various governmental entities within
1102	the area. At the request of a majority of the affected units of
1103	general-purpose local government comprising an M.P.O., the
1104	Governor and a majority of units of general-purpose local
1105	government serving on an M.P.O. shall cooperatively agree upon
1106	and prescribe who may serve as an alternate member and shall
1107	prescribe a method for appointing alternate members who may vote
1108	at any M.P.O. meeting that an alternate member attends in place
1109	of a regular member. The method shall be set forth as a part of
1110	the interlocal agreement describing the M.P.O.'s membership or
1111	in the M.P.O.'s operating procedures and bylaws. An appointed
1112	alternate member must be an elected official serving the same
1113	governmental entity or a general-purpose local government with
1114	jurisdiction within all or part of the area that the regular
1115	member serves. The governmental entity so designated shall
1116	appoint the appropriate number of members to the M.P.O. from
1117	eligible officials. Representatives of the department shall
1118	serve as nonvoting members of the M.P.O. governing board.
1119	Nonvoting advisers may be appointed by the M.P.O. as deemed
1120	necessary; however, to the maximum extent feasible, each M.P.O.
1121	shall seek to appoint nonvoting representatives of various
1122	multimodal forms of transportation not otherwise represented by
1123	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
1124	advisers representing major military installations located
1125	within the jurisdictional boundaries of the M.P.O. upon the
1126	request of the aforesaid major military installations and
1127	subject to the agreement of the M.P.O. All nonvoting advisers
1128	may attend and participate fully in governing board meetings but
1129	shall not have a vote and shall not be members of the governing
1130	board. The Governor shall review the composition of the M.P.O.
1131	membership in conjunction with the decennial census as prepared
1132	by the United States Department of Commerce, Bureau of the
1133	Census, and reapportion it as necessary to comply with
1134	subsection (3) (2).
1135	(b)  Except for members who represent municipalities on the
1136	basis of alternating with representatives from other
1137	municipalities that do not have members on the M.P.O. as
1138	provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
1139	shall serve 4-year terms. Members who represent municipalities
1140	on the basis of alternating with representatives from other
1141	municipalities that do not have members on the M.P.O. as
1142	provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
1143	years as further provided in the interlocal agreement described
1144	in paragraph (2)(b) (1)(b). The membership of a member who is a
1145	public official automatically terminates upon the member's
1146	leaving his or her elective or appointive office for any reason,
1147	or may be terminated by a majority vote of the total membership
1148	of the entity's governing board a county or city governing
1149	entity represented by the member. A vacancy shall be filled by
1150	the original appointing entity. A member may be reappointed for
1151	one or more additional 4-year terms.
1152	(c)  If a governmental entity fails to fill an assigned
1153	appointment to an M.P.O. within 60 days after notification by
1154	the Governor of its duty to appoint, that appointment shall be
1155	made by the Governor from the eligible representatives of that
1156	governmental entity.
1157	(5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
1158	responsibility of an M.P.O. is to manage a continuing,
1159	cooperative, and comprehensive transportation planning process
1160	that, based upon the prevailing principles provided in s.
1161	334.046(1), results in the development of plans and programs
1162	which are consistent, to the maximum extent feasible, with the
1163	approved local government comprehensive plans of the units of
1164	local government the boundaries of which are within the
1165	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
1166	cooperative decisionmaking by officials of the affected
1167	governmental entities in the development of the plans and
1168	programs required by subsections (5), (6), (7), and (8), and
1169	(9).
1170	(6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
1171	privileges, and authority of an M.P.O. are those specified in
1172	this section or incorporated in an interlocal agreement
1173	authorized under s. 163.01. Each M.P.O. shall perform all acts
1174	required by federal or state laws or rules, now and subsequently
1175	applicable, which are necessary to qualify for federal aid. It
1176	is the intent of this section that each M.P.O. shall be involved
1177	in the planning and programming of transportation facilities,
1178	including, but not limited to, airports, intercity and high-
1179	speed rail lines, seaports, and intermodal facilities, to the
1180	extent permitted by state or federal law.
1181	(a)  Each M.P.O. shall, in cooperation with the department,
1182	develop:
1183	1.  A long-range transportation plan pursuant to the
1184	requirements of subsection (7) (6);
1185	2.  An annually updated transportation improvement program
1186	pursuant to the requirements of subsection (8) (7); and
1187	3.  An annual unified planning work program pursuant to the
1188	requirements of subsection (9) (8).
1189	(b)  In developing the long-range transportation plan and
1190	the transportation improvement program required under paragraph
1191	(a), each M.P.O. shall provide for consideration of projects and
1192	strategies that will:
1193	1.  Support the economic vitality of the metropolitan area,
1194	especially by enabling global competitiveness, productivity, and
1195	efficiency;
1196	2.  Increase the safety and security of the transportation
1197	system for motorized and nonmotorized users;
1198	3.  Increase the accessibility and mobility options
1199	available to people and for freight;
1200	4.  Protect and enhance the environment, promote energy
1201	conservation, and improve quality of life;
1202	5.  Enhance the integration and connectivity of the
1203	transportation system, across and between modes, for people and
1204	freight;
1205	6.  Promote efficient system management and operation; and
1206	7.  Emphasize the preservation of the existing
1207	transportation system.
1208	(c)  In order to provide recommendations to the department
1209	and local governmental entities regarding transportation plans
1210	and programs, each M.P.O. shall:
1211	1.  Prepare a congestion management system for the
1212	metropolitan area and cooperate with the department in the
1213	development of all other transportation management systems
1214	required by state or federal law;
1215	2.  Assist the department in mapping transportation
1216	planning boundaries required by state or federal law;
1217	3.  Assist the department in performing its duties relating
1218	to access management, functional classification of roads, and
1219	data collection;
1220	4.  Execute all agreements or certifications necessary to
1221	comply with applicable state or federal law;
1222	5.  Represent all the jurisdictional areas within the
1223	metropolitan area in the formulation of transportation plans and
1224	programs required by this section; and
1225	6.  Perform all other duties required by state or federal
1226	law.
1227	(d)  Each M.P.O. shall appoint a technical advisory
1228	committee, the members of which shall serve at the pleasure of
1229	the M.P.O. The membership of the technical advisory committee
1230	must include, whenever possible, that includes planners;
1231	engineers; representatives of local aviation authorities, port
1232	authorities, and public transit authorities or representatives
1233	of aviation departments, seaport departments, and public transit
1234	departments of municipal or county governments, as applicable;
1235	the school superintendent of each county within the jurisdiction
1236	of the M.P.O. or the superintendent's designee; and other
1237	appropriate representatives of affected local governments. In
1238	addition to any other duties assigned to it by the M.P.O. or by
1239	state or federal law, the technical advisory committee is
1240	responsible for considering safe access to schools in its review
1241	of transportation project priorities, long-range transportation
1242	plans, and transportation improvement programs, and shall advise
1243	the M.P.O. on such matters. In addition, the technical advisory
1244	committee shall coordinate its actions with local school boards
1245	and other local programs and organizations within the
1246	metropolitan area which participate in school safety activities,
1247	such as locally established community traffic safety teams.
1248	Local school boards must provide the appropriate M.P.O. with
1249	information concerning future school sites and in the
1250	coordination of transportation service.
1251	(e)1.  Each M.P.O. shall appoint a citizens' advisory
1252	committee, the members of which serve at the pleasure of the
1253	M.P.O. The membership on the citizens' advisory committee must
1254	reflect a broad cross section of local residents with an
1255	interest in the development of an efficient, safe, and cost-
1256	effective transportation system. Minorities, the elderly, and
1257	the handicapped must be adequately represented.
1258	2.  Notwithstanding the provisions of subparagraph 1., an
1259	M.P.O. may, with the approval of the department and the
1260	applicable federal governmental agency, adopt an alternative
1261	program or mechanism to ensure citizen involvement in the
1262	transportation planning process.
1263	(f)  The department shall allocate to each M.P.O., for the
1264	purpose of accomplishing its transportation planning and
1265	programming duties, an appropriate amount of federal
1266	transportation planning funds.
1267	(g)  Each M.P.O. shall have an executive or staff director
1268	who reports directly to the M.P.O. governing board for all
1269	matters regarding the administration and operation of the M.P.O.
1270	and any additional personnel as deemed necessary. The executive
1271	director and any additional personnel may be employed either by
1272	an M.P.O. or by another governmental entity, such as a county,
1273	city, or regional planning council, that has a staff services
1274	agreement signed and in effect with the M.P.O. Each M.P.O. may
1275	employ personnel or may enter into contracts with local or state
1276	agencies, private planning firms, or private engineering firms,
1277	or other public or private entities to accomplish its
1278	transportation planning and programming duties and
1279	administrative functions required by state or federal law.
1280	(h)  In order to enhance their knowledge, effectiveness,
1281	and participation in the urbanized area transportation planning
1282	process, each M.P.O. shall provide training opportunities and
1283	training funds specifically for local elected officials and
1284	others who serve on an M.P.O. The training opportunities may be
1285	conducted by an individual M.P.O. or through statewide and
1286	federal training programs and initiatives that are specifically
1287	designed to meet the needs of M.P.O. board members.
1288	(i)(h)  A chair's coordinating committee is created,
1289	composed of the M.P.O.'s serving Hernando, Hillsborough,
1290	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
1291	committee must, at a minimum:
1292	1.  Coordinate transportation projects deemed to be
1293	regionally significant by the committee.
1294	2.  Review the impact of regionally significant land use
1295	decisions on the region.
1296	3.  Review all proposed regionally significant
1297	transportation projects in the respective transportation
1298	improvement programs which affect more than one of the M.P.O.'s
1299	represented on the committee.
1300	4.  Institute a conflict resolution process to address any
1301	conflict that may arise in the planning and programming of such
1302	regionally significant projects.
1303	(j)(i)1.  The Legislature finds that the state's rapid
1304	growth in recent decades has caused many urbanized areas subject
1305	to M.P.O. jurisdiction to become contiguous to each other. As a
1306	result, various transportation projects may cross from the
1307	jurisdiction of one M.P.O. into the jurisdiction of another
1308	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
1309	have been mandated, M.P.O.'s shall develop coordination
1310	mechanisms with one another to expand and improve transportation
1311	within the state. The appropriate method of coordination between
1312	M.P.O.'s shall vary depending upon the project involved and
1313	given local and regional needs. Consequently, it is appropriate
1314	to set forth a flexible methodology that can be used by M.P.O.'s
1315	to coordinate with other M.P.O.'s and appropriate political
1316	subdivisions as circumstances demand.
1317	2.  Any M.P.O. may join with any other M.P.O. or any
1318	individual political subdivision to coordinate activities or to
1319	achieve any federal or state transportation planning or
1320	development goals or purposes consistent with federal or state
1321	law. When an M.P.O. determines that it is appropriate to join
1322	with another M.P.O. or any political subdivision to coordinate
1323	activities, the M.P.O. or political subdivision shall enter into
1324	an interlocal agreement pursuant to s. 163.01, which, at a
1325	minimum, creates a separate legal or administrative entity to
1326	coordinate the transportation planning or development activities
1327	required to achieve the goal or purpose; provides provide the
1328	purpose for which the entity is created; provides provide the
1329	duration of the agreement and the entity, and specifies specify
1330	how the agreement may be terminated, modified, or rescinded;
1331	describes describe the precise organization of the entity,
1332	including who has voting rights on the governing board, whether
1333	alternative voting members are provided for, how voting members
1334	are appointed, and what the relative voting strength is for each
1335	constituent M.P.O. or political subdivision; provides provide
1336	the manner in which the parties to the agreement will provide
1337	for the financial support of the entity and payment of costs and
1338	expenses of the entity; provides provide the manner in which
1339	funds may be paid to and disbursed from the entity; and provides
1340	provide how members of the entity will resolve disagreements
1341	regarding interpretation of the interlocal agreement or disputes
1342	relating to the operation of the entity. Such interlocal
1343	agreement shall become effective upon its recordation in the
1344	official public records of each county in which a member of the
1345	entity created by the interlocal agreement has a voting member.
1346	This paragraph does not require any M.P.O.'s to merge, combine,
1347	or otherwise join together as a single M.P.O.
1348	(7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1349	develop a long-range transportation plan that addresses at least
1350	a 20-year planning horizon. The plan must include both
1351	long-range and short-range strategies and must comply with all
1352	other state and federal requirements. The prevailing principles
1353	to be considered in the long-range transportation plan are:
1354	preserving the existing transportation infrastructure; enhancing
1355	Florida's economic competitiveness; and improving travel choices
1356	to ensure mobility. The long-range transportation plan must be
1357	consistent, to the maximum extent feasible, with future land use
1358	elements and the goals, objectives, and policies of the approved
1359	local government comprehensive plans of the units of local
1360	government located within the jurisdiction of the M.P.O. The
1361	approved long-range transportation plan must be considered by
1362	local governments in the development of the transportation
1363	elements in local government comprehensive plans and any
1364	amendments thereto. The long-range transportation plan must, at
1365	a minimum:
1366	(a)  Identify transportation facilities, including, but not
1367	limited to, major roadways, airports, seaports, spaceports,
1368	commuter rail systems, transit systems, and intermodal or
1369	multimodal terminals that will function as an integrated
1370	metropolitan transportation system. The long-range
1371	transportation plan must give emphasis to those transportation
1372	facilities that serve national, statewide, or regional
1373	functions, and must consider the goals and objectives identified
1374	in the Florida Transportation Plan as provided in s. 339.155. If
1375	a project is located within the boundaries of more than one
1376	M.P.O., the M.P.O.'s must coordinate plans regarding the project
1377	in the long-range transportation plan.
1378	(b)  Include a financial plan that demonstrates how the
1379	plan can be implemented, indicating resources from public and
1380	private sources which are reasonably expected to be available to
1381	carry out the plan, and recommends any additional financing
1382	strategies for needed projects and programs. The financial plan
1383	may include, for illustrative purposes, additional projects that
1384	would be included in the adopted long-range transportation plan
1385	if reasonable additional resources beyond those identified in
1386	the financial plan were available. For the purpose of developing
1387	the long-range transportation plan, the M.P.O. and the
1388	department shall cooperatively develop estimates of funds that
1389	will be available to support the plan implementation. Innovative
1390	financing techniques may be used to fund needed projects and
1391	programs. Such techniques may include the assessment of tolls,
1392	the use of value capture financing, or the use of value pricing.
1393	(c)  Assess capital investment and other measures necessary
1394	to:
1395	1.  Ensure the preservation of the existing metropolitan
1396	transportation system including requirements for the operation,
1397	resurfacing, restoration, and rehabilitation of major roadways
1398	and requirements for the operation, maintenance, modernization,
1399	and rehabilitation of public transportation facilities; and
1400	2.  Make the most efficient use of existing transportation
1401	facilities to relieve vehicular congestion and maximize the
1402	mobility of people and goods.
1403	(d)  Indicate, as appropriate, proposed transportation
1404	enhancement activities, including, but not limited to,
1405	pedestrian and bicycle facilities, scenic easements,
1406	landscaping, historic preservation, mitigation of water
1407	pollution due to highway runoff, and control of outdoor
1408	advertising.
1409	(e)  In addition to the requirements of paragraphs (a)-(d),
1410	in metropolitan areas that are classified as nonattainment areas
1411	for ozone or carbon monoxide, the M.P.O. must coordinate the
1412	development of the long-range transportation plan with the State
1413	Implementation Plan developed pursuant to the requirements of
1414	the federal Clean Air Act.
1415
1416	In the development of its long-range transportation plan, each
1417	M.P.O. must provide the public, affected public agencies,
1418	representatives of transportation agency employees, freight
1419	shippers, providers of freight transportation services, private
1420	providers of transportation, representatives of users of public
1421	transit, and other interested parties with a reasonable
1422	opportunity to comment on the long-range transportation plan.
1423	The long-range transportation plan must be approved by the
1424	M.P.O.
1425	(8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
1426	shall, in cooperation with the state and affected public
1427	transportation operators, develop a transportation improvement
1428	program for the area within the jurisdiction of the M.P.O. In
1429	the development of the transportation improvement program, each
1430	M.P.O. must provide the public, affected public agencies,
1431	representatives of transportation agency employees, freight
1432	shippers, providers of freight transportation services, private
1433	providers of transportation, representatives of users of public
1434	transit, and other interested parties with a reasonable
1435	opportunity to comment on the proposed transportation
1436	improvement program.
1437	(a)  Each M.P.O. is responsible for developing, annually, a
1438	list of project priorities and a transportation improvement
1439	program. The prevailing principles to be considered by each
1440	M.P.O. when developing a list of project priorities and a
1441	transportation improvement program are: preserving the existing
1442	transportation infrastructure; enhancing Florida's economic
1443	competitiveness; and improving travel choices to ensure
1444	mobility. The transportation improvement program will be used to
1445	initiate federally aided transportation facilities and
1446	improvements as well as other transportation facilities and
1447	improvements including transit, rail, aviation, spaceport, and
1448	port facilities to be funded from the State Transportation Trust
1449	Fund within its metropolitan area in accordance with existing
1450	and subsequent federal and state laws and rules and regulations
1451	related thereto. The transportation improvement program shall be
1452	consistent, to the maximum extent feasible, with the approved
1453	local government comprehensive plans of the units of local
1454	government whose boundaries are within the metropolitan area of
1455	the M.P.O. and include those projects programmed pursuant to s.
1456	339.2819(4).
1457	(b)  Each M.P.O. annually shall prepare a list of project
1458	priorities and shall submit the list to the appropriate district
1459	of the department by October 1 of each year; however, the
1460	department and a metropolitan planning organization may, in
1461	writing, agree to vary this submittal date. The list of project
1462	priorities must be formally reviewed by the technical and
1463	citizens' advisory committees, and approved by the M.P.O.,
1464	before it is transmitted to the district. The approved list of
1465	project priorities must be used by the district in developing
1466	the district work program and must be used by the M.P.O. in
1467	developing its transportation improvement program. The annual
1468	list of project priorities must be based upon project selection
1469	criteria that, at a minimum, consider the following:
1470	1.  The approved M.P.O. long-range transportation plan;
1471	2.  The Strategic Intermodal System Plan developed under s.
1472	339.64.
1473	3.  The priorities developed pursuant to s. 339.2819(4).
1474	4.  The results of the transportation management systems;
1475	and
1476	5.  The M.P.O.'s public-involvement procedures.
1477	(c)  The transportation improvement program must, at a
1478	minimum:
1479	1.  Include projects and project phases to be funded with
1480	state or federal funds within the time period of the
1481	transportation improvement program and which are recommended for
1482	advancement during the next fiscal year and 4 subsequent fiscal
1483	years. Such projects and project phases must be consistent, to
1484	the maximum extent feasible, with the approved local government
1485	comprehensive plans of the units of local government located
1486	within the jurisdiction of the M.P.O. For informational
1487	purposes, the transportation improvement program shall also
1488	include a list of projects to be funded from local or private
1489	revenues.
1490	2.  Include projects within the metropolitan area which are
1491	proposed for funding under 23 U.S.C. s. 134 of the Federal
1492	Transit Act and which are consistent with the long-range
1493	transportation plan developed under subsection (7) (6).
1494	3.  Provide a financial plan that demonstrates how the
1495	transportation improvement program can be implemented; indicates
1496	the resources, both public and private, that are reasonably
1497	expected to be available to accomplish the program; identifies
1498	any innovative financing techniques that may be used to fund
1499	needed projects and programs; and may include, for illustrative
1500	purposes, additional projects that would be included in the
1501	approved transportation improvement program if reasonable
1502	additional resources beyond those identified in the financial
1503	plan were available. Innovative financing techniques may include
1504	the assessment of tolls, the use of value capture financing, or
1505	the use of value pricing. The transportation improvement program
1506	may include a project or project phase only if full funding can
1507	reasonably be anticipated to be available for the project or
1508	project phase within the time period contemplated for completion
1509	of the project or project phase.
1510	4.  Group projects and project phases of similar urgency
1511	and anticipated staging into appropriate staging periods.
1512	5.  Indicate how the transportation improvement program
1513	relates to the long-range transportation plan developed under
1514	subsection (7) (6), including providing examples of specific
1515	projects or project phases that further the goals and policies
1516	of the long-range transportation plan.
1517	6.  Indicate whether any project or project phase is
1518	inconsistent with an approved comprehensive plan of a unit of
1519	local government located within the jurisdiction of the M.P.O.
1520	If a project is inconsistent with an affected comprehensive
1521	plan, the M.P.O. must provide justification for including the
1522	project in the transportation improvement program.
1523	7.  Indicate how the improvements are consistent, to the
1524	maximum extent feasible, with affected seaport, airport, and
1525	spaceport master plans and with public transit development plans
1526	of the units of local government located within the jurisdiction
1527	of the M.P.O. If a project is located within the boundaries of
1528	more than one M.P.O., the M.P.O.'s must coordinate plans
1529	regarding the project in the transportation improvement program.
1530	(d)  Projects included in the transportation improvement
1531	program and that have advanced to the design stage of
1532	preliminary engineering may be removed from or rescheduled in a
1533	subsequent transportation improvement program only by the joint
1534	action of the M.P.O. and the department. Except when recommended
1535	in writing by the district secretary for good cause, any project
1536	removed from or rescheduled in a subsequent transportation
1537	improvement program shall not be rescheduled by the M.P.O. in
1538	that subsequent program earlier than the 5th year of such
1539	program.
1540	(e)  During the development of the transportation
1541	improvement program, the M.P.O. shall, in cooperation with the
1542	department and any affected public transit operation, provide
1543	citizens, affected public agencies, representatives of
1544	transportation agency employees, freight shippers, providers of
1545	freight transportation services, private providers of
1546	transportation, representatives of users of public transit, and
1547	other interested parties with reasonable notice of and an
1548	opportunity to comment on the proposed program.
1549	(f)  The adopted annual transportation improvement program
1550	for M.P.O.'s in nonattainment or maintenance areas must be
1551	submitted to the district secretary and the Department of
1552	Community Affairs at least 90 days before the submission of the
1553	state transportation improvement program by the department to
1554	the appropriate federal agencies. The annual transportation
1555	improvement program for M.P.O.'s in attainment areas must be
1556	submitted to the district secretary and the Department of
1557	Community Affairs at least 45 days before the department submits
1558	the state transportation improvement program to the appropriate
1559	federal agencies; however, the department, the Department of
1560	Community Affairs, and a metropolitan planning organization may,
1561	in writing, agree to vary this submittal date. The Governor or
1562	the Governor's designee shall review and approve each
1563	transportation improvement program and any amendments thereto.
1564	(g)  The Department of Community Affairs shall review the
1565	annual transportation improvement program of each M.P.O. for
1566	consistency with the approved local government comprehensive
1567	plans of the units of local government whose boundaries are
1568	within the metropolitan area of each M.P.O. and shall identify
1569	those projects that are inconsistent with such comprehensive
1570	plans. The Department of Community Affairs shall notify an
1571	M.P.O. of any transportation projects contained in its
1572	transportation improvement program which are inconsistent with
1573	the approved local government comprehensive plans of the units
1574	of local government whose boundaries are within the metropolitan
1575	area of the M.P.O.
1576	(h)  The M.P.O. shall annually publish or otherwise make
1577	available for public review the annual listing of projects for
1578	which federal funds have been obligated in the preceding year.
1579	Project monitoring systems must be maintained by those agencies
1580	responsible for obligating federal funds and made accessible to
1581	the M.P.O.'s.
1582	(9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
1583	develop, in cooperation with the department and public
1584	transportation providers, a unified planning work program that
1585	lists all planning tasks to be undertaken during the program
1586	year. The unified planning work program must provide a complete
1587	description of each planning task and an estimated budget
1588	therefor and must comply with applicable state and federal law.
1589	(10)(9)  AGREEMENTS.--
1590	(a)  Each M.P.O. shall execute the following written
1591	agreements, which shall be reviewed, and updated as necessary,
1592	every 5 years:
1593	1.  An agreement with the department clearly establishing
1594	the cooperative relationship essential to accomplish the
1595	transportation planning requirements of state and federal law.
1596	2.  An agreement with the metropolitan and regional
1597	intergovernmental coordination and review agencies serving the
1598	metropolitan areas, specifying the means by which activities
1599	will be coordinated and how transportation planning and
1600	programming will be part of the comprehensive planned
1601	development of the area.
1602	3.  An agreement with operators of public transportation
1603	systems, including transit systems, commuter rail systems,
1604	airports, seaports, and spaceports, describing the means by
1605	which activities will be coordinated and specifying how public
1606	transit, commuter rail, aviation, seaport, and aerospace
1607	planning and programming will be part of the comprehensive
1608	planned development of the metropolitan area.
1609	(b)  An M.P.O. may execute other agreements required by
1610	state or federal law or as necessary to properly accomplish its
1611	functions.
1612	(11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
1613	COUNCIL.--
1614	(a)  A Metropolitan Planning Organization Advisory Council
1615	is created to augment, and not supplant, the role of the
1616	individual M.P.O.'s in the cooperative transportation planning
1617	process described in this section.
1618	(b)  The council shall consist of one representative from
1619	each M.P.O. and shall elect a chairperson annually from its
1620	number. Each M.P.O. shall also elect an alternate representative
1621	from each M.P.O. to vote in the absence of the representative.
1622	Members of the council do not receive any compensation for their
1623	services, but may be reimbursed from funds made available to
1624	council members for travel and per diem expenses incurred in the
1625	performance of their council duties as provided in s. 112.061.
1626	(c)  The powers and duties of the Metropolitan Planning
1627	Organization Advisory Council are to:
1628	1.  Enter into contracts with individuals, private
1629	corporations, and public agencies.
1630	2.  Acquire, own, operate, maintain, sell, or lease
1631	personal property essential for the conduct of business.
1632	3.  Accept funds, grants, assistance, gifts, or bequests
1633	from private, local, state, or federal sources.
1634	4.  Establish bylaws and adopt rules pursuant to ss.
1635	120.536(1) and 120.54 to implement provisions of law conferring
1636	powers or duties upon it.
1637	5.  Assist M.P.O.'s in carrying out the urbanized area
1638	transportation planning process by serving as the principal
1639	forum for collective policy discussion pursuant to law.
1640	6.  Serve as a clearinghouse for review and comment by
1641	M.P.O.'s on the Florida Transportation Plan and on other issues
1642	required to comply with federal or state law in carrying out the
1643	urbanized area transportation and systematic planning processes
1644	instituted pursuant to s. 339.155.
1645	7.  Employ an executive director and such other staff as
1646	necessary to perform adequately the functions of the council,
1647	within budgetary limitations. The executive director and staff
1648	are exempt from part II of chapter 110 and serve at the
1649	direction and control of the council. The council is assigned to
1650	the Office of the Secretary of the Department of Transportation
1651	for fiscal and accountability purposes, but it shall otherwise
1652	function independently of the control and direction of the
1653	department.
1654	8.  Adopt an agency strategic plan that provides the
1655	priority directions the agency will take to carry out its
1656	mission within the context of the state comprehensive plan and
1657	any other statutory mandates and directions given to the agency.
1658	(12)(11)  APPLICATION OF FEDERAL LAW.--Upon notification by
1659	an agency of the Federal Government that any provision of this
1660	section conflicts with federal laws or regulations, such federal
1661	laws or regulations will take precedence to the extent of the
1662	conflict until such conflict is resolved. The department or an
1663	M.P.O. may take any necessary action to comply with such federal
1664	laws and regulations or to continue to remain eligible to
1665	receive federal funds.
1666	(13)(12)  VOTING REQUIREMENTS.--Each long-range
1667	transportation plan required pursuant to subsection (7) (6),
1668	each annually updated Transportation Improvement Program
1669	required under subsection (8) (7), and each amendment that
1670	affects projects in the first 3 years of such plans and programs
1671	must be approved by each M.P.O. on a recorded roll call vote, or
1672	hand-counted vote, of a majority of the membership present.
1673	Section 22.  Subsection (2) of section 339.2819, Florida
1674	Statutes, is amended to read:
1675	339.2819  Transportation Regional Incentive Program.--
1676	(2)  The percentage of matching funds provided from the
1677	Transportation Regional Incentive Program shall be 50 percent of
1678	project costs, or up to 50 percent of the nonfederal share of
1679	the eligible project cost for a public transportation facility
1680	project.
1681	Section 23.  Subsection (4) of section 339.55, Florida
1682	Statutes, is amended, and paragraph (c) is added to subsection
1683	(2) and paragraph (j) is added to subsection (7) of that
1684	section, to read:
1685	339.55  State-funded infrastructure bank.--
1686	(2)  The bank may lend capital costs or provide credit
1687	enhancements for:
1688	(c)1.  Emergency loans for damages incurred to public-use
1689	commercial deepwater seaports, public-use airports, and other
1690	public-use transit and intermodal facilities that are within an
1691	area that is part of an official state declaration of emergency
1692	pursuant to chapter 252 and all other applicable laws. Such
1693	loans:
1694	a.  May not exceed 24 months in duration except in extreme
1695	circumstances, for which the Secretary of Transportation may
1696	grant up to 36 months upon making written findings specifying
1697	the conditions requiring a 36-month term.
1698	b.  Require application from the recipient to the
1699	department that includes documentation of damage claims filed
1700	with the Federal Emergency Management Agency or an applicable
1701	insurance carrier and documentation of the recipient's overall
1702	financial condition.
1703	c.  Are subject to approval by the Secretary of
1704	Transportation and the Legislative Budget Commission.
1705	2.  Loans provided under this paragraph must be repaid upon
1706	receipt by the recipient of eligible program funding for damages
1707	in accordance with the claims filed with the Federal Emergency
1708	Management Agency or an applicable insurance carrier, but no
1709	later than the duration of the loan.
1710	(4)  Loans from the bank may bear interest at or below
1711	market interest rates, as determined by the department.
1712	Repayment of any loan from the bank shall commence not later
1713	than 5 years after the project has been completed or, in the
1714	case of a highway project, the facility has opened to traffic,
1715	whichever is later, and shall be repaid in no more than 30
1716	years, except for loans provided under paragraph (2)(c), which
1717	shall be repaid in no more than 36 months.
1718	(7)  The department may consider, but is not limited to,
1719	the following criteria for evaluation of projects for assistance
1720	from the bank:
1721	(j)  The extent to which damage from a disaster that
1722	results in a declaration of emergency has impacted a public
1723	transportation facility's ability to maintain its previous level
1724	of service and remain accessible to the public or has had a
1725	major impact on the cash flow or revenue-generation ability of
1726	the public-use facility.
1727	Section 24.  Paragraph (a) of subsection (2) of section
1728	343.81, Florida Statutes, is amended to read:
1729	343.81  Northwest Florida Transportation Corridor
1730	Authority.--
1731	(2)(a)  The governing body of the authority shall consist
1732	of eight voting members, one each from Escambia, Santa Rosa,
1733	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
1734	appointed by the Governor to a 4-year term. The appointees shall
1735	be residents of their respective counties and may not hold an
1736	elected office. Upon the effective date of his or her
1737	appointment, or as soon thereafter as practicable, each
1738	appointed member of the authority shall enter upon his or her
1739	duties. Each appointed member shall hold office until his or her
1740	successor has been appointed and has qualified. A vacancy
1741	occurring during a term shall be filled only for the balance of
1742	the unexpired term. Any member of the authority shall be
1743	eligible for reappointment. Members of the authority may be
1744	removed from office by the Governor for misconduct, malfeasance,
1745	misfeasance, or nonfeasance in office.
1746	Section 25.  The amendments made by this act to s. 343.81,
1747	Florida Statutes, prohibiting the appointment of a person
1748	holding an elected office to the Northwest Florida
1749	Transportation Corridor Authority shall not prohibit any member
1750	appointed prior to the effective date of this act from
1751	completing his or her current term, and the prohibition shall
1752	only apply to members appointed after the effective date of this
1753	act.
1754	Section 26.  Subsection (2) of section 343.82, Florida
1755	Statutes, is amended to read:
1756	343.82  Purposes and powers.--
1757	(2)(a)  The authority is authorized to construct any feeder
1758	roads, reliever roads, connector roads, bypasses, or appurtenant
1759	facilities that are intended to improve mobility along the U.S.
1760	98 corridor. The transportation improvement projects may also
1761	include all necessary approaches, roads, bridges, and avenues of
1762	access that are desirable and proper with the concurrence, where
1763	applicable, of the department if the project is to be part of
1764	the State Highway System or the respective county or municipal
1765	governing boards. Any transportation facilities constructed by
1766	the authority may be tolled.
1767	(b)  Notwithstanding any special act to the contrary, the
1768	authority shall plan for and study the feasibility of
1769	constructing, operating, and maintaining a bridge or bridges
1770	spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
1771	access roads to such bridge or bridges, including studying the
1772	environmental and economic feasibility of such bridge or
1773	bridges and access roads, and such other transportation
1774	facilities that become part of such bridge system. The authority
1775	may construct, operate, and maintain the bridge system if the
1776	authority determines that the bridge system project is feasible
1777	and consistent with the authority's primary purpose and master
1778	plan.
1779	Section 27.  Subsection (9) of section 348.0004, Florida
1780	Statutes, is amended to read:
1781	348.0004  Purposes and powers.--
1782	(9)  The Legislature declares that there is a public need
1783	for rapid construction of safe and efficient transportation
1784	facilities for travel within the state and that it is in the
1785	public's interest to provide for public-private partnership
1786	agreements to effectuate the construction of additional safe,
1787	convenient, and economical transportation facilities.
1788	(a)  Notwithstanding any other provision of the Florida
1789	Expressway Authority Act, any expressway authority,
1790	transportation authority, bridge authority, or toll authority
1791	established under this part or any other statute may receive or
1792	solicit proposals and enter into agreements with private
1793	entities, or consortia thereof, for the building, operation,
1794	ownership, or financing of expressway authority transportation
1795	facilities or new transportation facilities within the
1796	jurisdiction of the expressway authority. An expressway
1797	authority is authorized to adopt rules to implement this
1798	subsection and shall, by rule, establish an application fee for
1799	the submission of unsolicited proposals under this subsection.
1800	The fee must be sufficient to pay the costs of evaluating the
1801	proposals. An expressway authority may engage private
1802	consultants to assist in the evaluation. Before approval, an
1803	expressway authority must determine that a proposed project:
1804	1.  Is in the public's best interest.
1805	2.  Would not require state funds to be used unless the
1806	project is on or provides increased mobility on the State
1807	Highway System.
1808	3.  Would have adequate safeguards to ensure that no
1809	additional costs or service disruptions would be realized by the
1810	traveling public and residents citizens of the state in the
1811	event of default or the cancellation of the agreement by the
1812	expressway authority.
1813	(b)  An expressway authority shall ensure that all
1814	reasonable costs to the state which are, related to
1815	transportation facilities that are not part of the State Highway
1816	System, are borne by the private entity. An expressway authority
1817	shall also ensure that all reasonable costs to the state and
1818	substantially affected local governments and utilities related
1819	to the private transportation facility are borne by the private
1820	entity for transportation facilities that are owned by private
1821	entities. For projects on the State Highway System, the
1822	department may use state resources to participate in funding and
1823	financing the project as provided for under the department's
1824	enabling legislation.
1825	(c)  The expressway authority may request proposals for
1826	public-private transportation projects or, if it receives an
1827	unsolicited proposal, it must publish a notice in the Florida
1828	Administrative Weekly and a newspaper of general circulation in
1829	the county in which it is located at least once a week for 2
1830	weeks, stating that it has received the proposal and will
1831	accept, for 60 days after the initial date of publication, other
1832	proposals for the same project purpose. A copy of the notice
1833	must be mailed to each local government in the affected areas.
1834	After the public notification period has expired, the expressway
1835	authority shall rank the proposals in order of preference. In
1836	ranking the proposals, the expressway authority shall consider
1837	professional qualifications, general business terms, innovative
1838	engineering or cost-reduction terms, finance plans, and the need
1839	for state funds to deliver the proposal. If the expressway
1840	authority is not satisfied with the results of the negotiations,
1841	it may, at its sole discretion, terminate negotiations with the
1842	proposer. If these negotiations are unsuccessful, the expressway
1843	authority may go to the second and lower-ranked firms, in order,
1844	using the same procedure. If only one proposal is received, the
1845	expressway authority may negotiate in good faith, and if it is
1846	not satisfied with the results, it may, at its sole discretion,
1847	terminate negotiations with the proposer. Notwithstanding this
1848	paragraph, the expressway authority may, at its discretion,
1849	reject all proposals at any point in the process up to
1850	completion of a contract with the proposer.
1851	(d)  The department may lend funds from the Toll Facilities
1852	Revolving Trust Fund, as outlined in s. 338.251, to public-
1853	private partnerships. To be eligible, a private entity must
1854	comply with s. 338.251 and must provide an indication from a
1855	nationally recognized rating agency that the senior bonds for
1856	the project will be investment grade or must provide credit
1857	support, such as a letter of credit or other means acceptable to
1858	the department, to ensure that the loans will be fully repaid.
1859	(e)  Agreements entered into pursuant to this subsection
1860	may authorize the public-private entity to impose tolls or fares
1861	for the use of the facility. However, the amount and use of toll
1862	or fare revenues shall be regulated by the expressway authority
1863	to avoid unreasonable costs to users of the facility.
1864	(f)  Each public-private transportation facility
1865	constructed pursuant to this subsection shall comply with all
1866	requirements of federal, state, and local laws; state, regional,
1867	and local comprehensive plans; the expressway authority's rules,
1868	policies, procedures, and standards for transportation
1869	facilities; and any other conditions that the expressway
1870	authority determines to be in the public's best interest.
1871	(g)  An expressway authority may exercise any power
1872	possessed by it, including eminent domain, to facilitate the
1873	development and construction of transportation projects pursuant
1874	to this subsection. An expressway authority may pay all or part
1875	of the cost of operating and maintaining the facility or may
1876	provide services to the private entity for which it receives
1877	full or partial reimbursement for services rendered.
1878	(h)  Except as herein provided, this subsection is not
1879	intended to amend existing laws by granting additional powers to
1880	or further restricting the governmental entities from regulating
1881	and entering into cooperative arrangements with the private
1882	sector for the planning, construction, and operation of
1883	transportation facilities. Use of the powers granted in this
1884	subsection may not subject a statutorily created expressway
1885	authority, transportation authority, bridge authority, or toll
1886	authority, other than one statutorily created under this part,
1887	to any of the requirements of this part other than those
1888	contained in this subsection.
1889	Section 28.  Section 348.0012, Florida Statutes, is amended
1890	to read:
1891	348.0012  Exemptions from applicability.--The Florida
1892	Expressway Authority Act does not apply:
1893	(1)  In a county in which an expressway authority has been
1894	created pursuant to parts II-IX of this chapter, except as
1895	expressly provided in this part; or
1896	(2)  To a transportation authority created pursuant to
1897	chapter 349.
1898	Section 29.  Subsection (6) is added to section 348.754,
1899	Florida Statutes, to read:
1900	348.754  Purposes and powers.--
1901	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
1902	County Expressway Authority may waive payment and performance
1903	bonds on construction contracts for the construction of a public
1904	building, for the prosecution and completion of a public work,
1905	or for repairs on a public building or public work that has a
1906	cost of $500,000 or less and when the project is awarded
1907	pursuant to an economic development program for the
1908	encouragement of local small businesses that has been adopted by
1909	the governing body of the Orlando-Orange County Expressway
1910	Authority pursuant to a resolution or policy.
1911	(b)  The authority's adopted criteria for participation in
1912	the economic development program for local small businesses
1913	requires that a participant:
1914	1.  Be an independent business.
1915	2.  Be principally domiciled in the Orange County Standard
1916	Metropolitan Statistical Area.
1917	3.  Employ 25 or fewer full-time employees.
1918	4.  Have gross annual sales averaging $3 million or less
1919	over the immediately preceding 3 calendar years with regard to
1920	any construction element of the program.
1921	5.  Be accepted as a participant in the Orlando-Orange
1922	County Expressway Authority's microcontracts program or such
1923	other small business program as may be hereinafter enacted by
1924	the Orlando-Orange County Expressway Authority.
1925	6.  Participate in an educational curriculum or technical
1926	assistance program for business development that will assist the
1927	small business in becoming eligible for bonding.
1928	(c)  The authority's adopted procedures for waiving payment
1929	and performance bonds on projects with values not less than
1930	$200,000 and not exceeding $500,000 shall provide that payment
1931	and performance bonds may only be waived on projects that have
1932	been set aside to be competitively bid on by participants in an
1933	economic development program for local small businesses. The
1934	authority's executive director or his or her designee shall
1935	determine whether specific construction projects are suitable
1936	for:
1937	1.  Bidding under the authority's microcontracts program by
1938	registered local small businesses; and
1939	2.  Waiver of the payment and performance bond.
1940
1941	The decision of the authority's executive director or deputy
1942	executive director to waive the payment and performance bond
1943	shall be based upon his or her investigation and conclusion that
1944	there exists sufficient competition so that the authority
1945	receives a fair price and does not undertake any unusual risk
1946	with respect to such project.
1947	(d)  For any contract for which a payment and performance
1948	bond has been waived pursuant to the authority set forth in this
1949	section, the Orlando-Orange County Expressway Authority shall
1950	pay all persons defined in s. 713.01 who furnish labor,
1951	services, or materials for the prosecution of the work provided
1952	for in the contract to the same extent and upon the same
1953	conditions that a surety on the payment bond under s. 255.05
1954	would have been obligated to pay such persons if the payment and
1955	performance bond had not been waived. The authority shall record
1956	notice of this obligation in the manner and location that surety
1957	bonds are recorded. The notice shall include the information
1958	describing the contract that s. 255.05(1) requires be stated on
1959	the front page of the bond. Notwithstanding that s. 255.05(9)
1960	generally applies when a performance and payment bond is
1961	required, s. 255.05(9) shall apply under this subsection to any
1962	contract on which performance or payment bonds are waived and
1963	any claim to payment under this subsection shall be treated as a
1964	contract claim pursuant to s. 255.05(9).
1965	(e)  A small business that has been the successful bidder
1966	on six projects for which the payment and performance bond was
1967	waived by the authority pursuant to paragraph (a) shall be
1968	ineligible to bid on additional projects for which the payment
1969	and performance bond is to be waived. The local small business
1970	may continue to participate in other elements of the economic
1971	development program for local small businesses as long as it is
1972	eligible.
1973	(f)  The authority shall conduct bond eligibility training
1974	for businesses qualifying for bond waiver under this subsection
1975	to encourage and promote bond eligibility for such businesses.
1976	(g)  The authority shall prepare a biennial report on the
1977	activities undertaken pursuant to this subsection to be
1978	submitted to the Orange County legislative delegation. The
1979	initial report shall be due December 31, 2008.
1980	Section 30.  Paragraph (a) of subsection (3) of section
1981	163.3177, Florida Statutes, is amended to read:
1982	163.3177  Required and optional elements of comprehensive
1983	plan; studies and surveys.--
1984	(3)(a)  The comprehensive plan shall contain a capital
1985	improvements element designed to consider the need for and the
1986	location of public facilities in order to encourage the
1987	efficient utilization of such facilities and set forth:
1988	1.  A component which outlines principles for construction,
1989	extension, or increase in capacity of public facilities, as well
1990	as a component which outlines principles for correcting existing
1991	public facility deficiencies, which are necessary to implement
1992	the comprehensive plan. The components shall cover at least a 5-
1993	year period.
1994	2.  Estimated public facility costs, including a
1995	delineation of when facilities will be needed, the general
1996	location of the facilities, and projected revenue sources to
1997	fund the facilities.
1998	3.  Standards to ensure the availability of public
1999	facilities and the adequacy of those facilities including
2000	acceptable levels of service.
2001	4.  Standards for the management of debt.
2002	5.  A schedule of capital improvements which includes
2003	publicly funded projects, and which may include privately funded
2004	projects for which the local government has no fiscal
2005	responsibility, necessary to ensure that adopted level-of-
2006	service standards are achieved and maintained. For capital
2007	improvements that will be funded by the developer, financial
2008	feasibility shall be demonstrated by being guaranteed in an
2009	enforceable development agreement or interlocal agreement
2010	pursuant to paragraph (10)(h), or other enforceable agreement.
2011	These development agreements and interlocal agreements shall be
2012	reflected in the schedule of capital improvements if the capital
2013	improvement is necessary to serve development within the 5-year
2014	schedule. If the local government uses planned revenue sources
2015	that require referenda or other actions to secure the revenue
2016	source, the plan must, in the event the referenda are not passed
2017	or actions do not secure the planned revenue source, identify
2018	other existing revenue sources that will be used to fund the
2019	capital projects or otherwise amend the plan to ensure financial
2020	feasibility.
2021	6.  The schedule must include transportation improvements
2022	included in the applicable metropolitan planning organization's
2023	transportation improvement program adopted pursuant to s.
2024	339.175(8)(7) to the extent that such improvements are relied
2025	upon to ensure concurrency and financial feasibility. The
2026	schedule must also be coordinated with the applicable
2027	metropolitan planning organization's long-range transportation
2028	plan adopted pursuant to s. 339.175(7)(6).
2029	Section 31.  Section 339.176, Florida Statutes, is amended
2030	to read:
2031	339.176  Voting membership for M.P.O. with boundaries
2032	including certain counties.--In addition to the voting
2033	membership established by s. 339.175(3)(2) and notwithstanding
2034	any other provision of law to the contrary, the voting
2035	membership of any Metropolitan Planning Organization whose
2036	geographical boundaries include any county as defined in s.
2037	125.011(1) must include an additional voting member appointed by
2038	that city's governing body for each city with a population of
2039	50,000 or more residents.
2040	Section 32.  Subsection (1) of section 341.828, Florida
2041	Statutes, is amended to read:
2042	341.828  Permitting.--
2043	(1)  The authority, for the purposes of permitting, may
2044	utilize one or more permitting processes provided for in
2045	statute, including, but not limited to, the metropolitan
2046	planning organization long-range transportation planning process
2047	as defined in s. 339.175(6) and (7) and (8), in conjunction with
2048	the Department of Transportation's work program process as
2049	defined in s. 339.135, or any permitting process now in effect
2050	or that may be in effect at the time of permitting and will
2051	provide the most timely and cost-effective permitting process.
2052	Section 33.  Section 2 of chapter 89-383, Laws of Florida,
2053	is amended to read:
2054	Section 2.  Red Road is hereby designated as a state
2055	historic highway. No public funds shall be expended for:
2056	(1)  The removal of any healthy tree which is not a safety
2057	hazard.
2058	(2)  Any alteration of the physical dimensions or location
2059	of Red Road, the median strip thereof, the land adjacent
2060	thereto, or any part of the original composition of the
2061	entranceway, including the towers, the walls, and the lampposts.
2062	(3)  Any construction on or along Red Road of any new
2063	structure, or any building, clearing, filling, or excavating on
2064	or along Red Road except for routine maintenance or alterations,
2065	modifications, or improvements to it and the adjacent right-of-
2066	way made for the purpose of enhancing life safety for vehicular
2067	or pedestrian use of Red Road if the number of traffic lanes is
2068	not altered work which is essential to the health, safety, or
2069	welfare of the environment.
2070	Section 34.  This act shall take effect July 1, 2007.

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