CS/HB 985

1	A bill to be entitled
2	An act relating to transportation and infrastructure;
3	amending s. 20.23, F.S.; providing that the salary and
4	benefits of the executive director of the Florida
5	Transportation Commission shall be set in accordance with
6	the Senior Management Service; revising qualifications for
7	district secretaries and the turnpike executive director;
8	amending s. 112.061, F.S.; authorizing metropolitan
9	planning organizations and certain separate entities to
10	establish per diem and travel reimbursement rates;
11	amending s. 121.021, F.S.; defining the term "metropolitan
12	planning organization" for purposes of the Florida
13	Retirement System Act; revising definitions to include
14	M.P.O.'s and positions in M.P.O.'s; amending s. 121.051,
15	F.S.; 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. 212.055, F.S.; deleting a
29	prohibition against local governments issuing certain
30	bonds secured by revenues from local infrastructure taxes
31	more than once a year; amending s. 215.615, F.S.; revising
32	the Department of Transportation's requirement to share
33	certain costs of fixed-guideway system projects; revising
34	criteria for an interlocal agreement to establish bond
35	financing for fixed-guideway system projects; revising
36	provisions for sources of funds for the payment of bonds;
37	amending s. 255.20, F.S.; revising the cost amounts of
38	certain local public works projects at which certain
39	requirements shall apply; amending s. 316.2123, F.S.;
40	authorizing a county to designate certain unpaved roadways
41	where an ATV may be operated; providing conditions for
42	such operation; amending s. 316.605, F.S.; providing
43	height and placement requirements for vehicle license
44	plates; prohibiting display that obscures identification
45	of the letters and numbers on a license plate; providing
46	penalties; amending s. 316.650, F.S.; revising procedures
47	for disposition of citations issued for failure to pay
48	toll; providing that the citation will not be submitted to
49	the court and no points will be assessed on the driver's
50	license if the person cited elects to make payment
51	directly to the governmental entity that issued the
52	citation; providing for reporting of the citation by the
53	governmental entity to the Department of Highway Safety
54	and Motor Vehicles; amending s. 318.14, F.S.; providing
55	for the amount required to be paid under certain
56	procedures for disposition of a citation issued for
57	failure to pay toll; providing for the person cited to
58	request a court hearing; amending s. 318.18, F.S.;
59	revising penalties for failure to pay a prescribed toll;
60	providing for disposition of amounts received by the clerk
61	of court; removing procedures for withholding of
62	adjudication; providing for suspension of a driver's
63	license under certain circumstances; amending s. 320.061,
64	F.S.; prohibiting interfering with the legibility, angular
65	visibility, or detectability of any feature or detail on a
66	license plate or interfering with the ability to
67	photograph or otherwise record any feature or detail on a
68	license plate; providing penalties; amending s. 332.007,
69	F.S.; authorizing the Department of Transportation to
70	provide funds for certain general aviation projects under
71	certain circumstances; extending the timeframe that the
72	department is authorized to provide operational and
73	maintenance assistance to certain airports and may
74	redirect the use of certain funds to security-related or
75	economic-impact projects related to the events of
76	September 11, 2001; amending s. 332.14, F.S.; providing
77	that certain members of the Secure Airports for Florida's
78	Economy Council shall be nonvoting members; amending s.
79	336.025, F.S.; deleting a prohibition against local
80	governments issuing certain bonds secured by revenues from
81	local option fuel taxes more than once a year; amending s.
82	336.41, F.S.; revising an exception to competitive-bid
83	requirements for certain county road construction and
84	reconstruction projects; increasing the value threshold
85	under which the exception applies; amending s. 337.11,
86	F.S.; providing that certain construction projects be
87	advertised for bids in local newspapers; amending s.
88	337.14, F.S.; authorizing the department to waive
89	specified prequalification requirements for certain
90	transportation projects under certain conditions; amending
91	s. 337.18, F.S.; revising surety bond requirements for
92	construction or maintenance contracts; providing for
93	incremental annual surety bonds for multiyear maintenance
94	contracts under certain conditions; revising the threshold
95	for transportation projects eligible for a waiver of
96	surety bond requirements; authorizing the department to
97	provide for phased surety bond coverage or an alternate
98	means of security for a portion of the contract amount in
99	lieu of the surety bond; amending s. 338.155, F.S.;
100	providing for a law enforcement officer operating an
101	unmarked official vehicle to be exempt from toll payments
102	under certain conditions; amending s. 338.161, F.S.;
103	providing for the Department of Transportation and certain
104	toll agencies to enter into agreements with public or
105	private entities for additional uses of electronic toll
106	collection products and services; authorizing feasibility
107	studies by the department or a toll agency of additional
108	uses of electronic toll devices for legislative
109	consideration; amending s. 338.2275, F.S.; raising the
110	limit on outstanding bonds to fund turnpike projects;
111	removing a provision authorizing the department to acquire
112	the Sawgrass Expressway from the Broward County Expressway
113	Authority; amending s. 338.231, F.S.; authorizing the
114	department to set certain fees for the collection of
115	unpaid tolls; requiring public notice and public hearing
116	of the proposed fees; removing a reference to conform;
117	amending s. 339.175, F.S.; revising intent; providing the
118	method of creation and operation of M.P.O.'s required to
119	be designated pursuant to federal law; specifying that an
120	M.P.O. is separate from the state or the governing body of
121	a local government that is represented on the governing
122	board of the M.P.O. or that is a signatory to the
123	interlocal agreement creating the M.P.O.; providing
124	specified powers and privileges to the M.P.O.; providing
125	for the designation and duties of certain officials;
126	revising requirements for voting membership; defining the
127	term "elected officials of a general-purpose local
128	government" to exclude certain constitutional officers for
129	voting membership purposes; providing for the appointment
130	of alternates and advisers; providing that members of an
131	M.P.O. technical advisory committee shall serve at the
132	pleasure of the M.P.O.; providing for the appointment of
133	an executive or staff director and other personnel;
134	authorizing an M.P.O. to enter into contracts with public
135	or private entities to accomplish its duties and
136	functions; providing for the training of certain persons
137	who serve on an M.P.O. for certain purposes; requiring
138	that certain plans, programs, and amendments that affect
139	projects be approved by each M.P.O. on a recorded roll
140	call vote, or hand-counted vote, of a majority of the
141	membership present; amending s. 339.2819, F.S.; revising
142	the share of matching funds for a public transportation
143	project provided from the Transportation Regional
144	Incentive Program; creating s. 339.282, F.S.; providing
145	for certain transportation-related contributions by a
146	property owner or developer to be applied toward future
147	transportation concurrency requirements; amending s.
148	339.55, F.S.; providing for the use of State
149	Infrastructure Bank loans for certain damaged
150	transportation facilities in areas officially declared to
151	be in a state of emergency; providing criteria; amending
152	s. 343.81, F.S.; prohibiting elected officials from
153	serving on the Northwest Florida Transportation Corridor
154	Authority; providing for application of the prohibition to
155	apply to persons appointed to serve on the authority after
156	a certain date; amending s. 343.82, F.S.; directing the
157	authority to plan for and study the feasibility of
158	constructing, operating, and maintaining a bridge or
159	bridges, and appurtenant structures, spanning
160	Choctawhatchee Bay or Santa Rosa Sound; authorizing the
161	authority to construct, operate, and maintain said bridges
162	and structures; amending s. 348.0004, F.S.; authorizing
163	certain transportation-related authorities to enter into
164	agreements with private entities for the building,
165	operation, ownership, or financing of transportation
166	facilities; amending s. 348.0012, F.S.; revising
167	provisions for certain exemptions from the Florida
168	Expressway Authority Act; amending s. 348.243, F.S.;
169	correcting a cross-reference; amending s. 348.754, F.S.;
170	authorizing the Orlando-Orange County Expressway Authority
171	to waive payment and performance bonds on certain
172	construction contracts if the contract is awarded pursuant
173	to an economic development program for the encouragement
174	of local small businesses; providing criteria for
175	participation in the program; providing criteria for the
176	bond waiver; providing for certain determinations by the
177	authority's executive director or a designee as to the
178	suitability of a project; providing for certain payment
179	obligations if a payment and performance bond is waived;
180	requiring the authority to record notice of the
181	obligation; limiting eligibility to bid on the projects;
182	providing for the authority to conduct bond eligibility
183	training for certain businesses; requiring the authority
184	to submit biennial reports to the Orange County
185	legislative delegation; amending ss. 163.3177, 339.176,
186	and 341.828, F.S.; correcting cross-references; amending
187	s.2, ch. 89-383, Laws of Florida; providing for certain
188	alterations to and along Red Road in Miami-Dade County for
189	transportation safety purposes; providing an effective
190	date.
191
192	Be It Enacted by the Legislature of the State of Florida:
193
194	Section 1.  Paragraph (h) of subsection (2) and paragraph
195	(a) of subsection (4) of section 20.23, Florida Statutes, are
196	amended to read:
197	20.23  Department of Transportation.--There is created a
198	Department of Transportation which shall be a decentralized
199	agency.
200	(2)
201	(h)  The commission shall appoint an executive director and
202	assistant executive director, who shall serve under the
203	direction, supervision, and control of the commission. The
204	executive director, with the consent of the commission, shall
205	employ such staff as are necessary to perform adequately the
206	functions of the commission, within budgetary limitations. All
207	employees of the commission are exempt from part II of chapter
208	110 and shall serve at the pleasure of the commission. The
209	salaries and benefits of all employees of the commission, except
210	for the executive director, shall be set in accordance with the
211	Selected Exempt Service; provided, however, that the salary and
212	benefits of the executive director shall be set in accordance
213	with the Senior Management Service. The commission shall have
214	complete authority for fixing the salary of the executive
215	director and assistant executive director.
216	(4)(a)  The operations of the department shall be organized
217	into seven districts, each headed by a district secretary and a
218	turnpike enterprise, headed by an executive director. The
219	district secretaries and the turnpike executive director shall
220	be registered professional engineers in accordance with the
221	provisions of chapter 471 or, in lieu of professional engineer
222	registration, a district secretary or turnpike executive
223	director may hold an advanced degree in an appropriate related
224	discipline, such as a Master of Business Administration, or may
225	have a minimum of 5 years of senior-level business managerial
226	experience. The headquarters of the districts shall be located
227	in Polk, Columbia, Washington, Broward, Volusia, Dade, and
228	Hillsborough Counties. The headquarters of the turnpike
229	enterprise shall be located in Orange County. In order to
230	provide for efficient operations and to expedite the
231	decisionmaking process, the department shall provide for maximum
232	decentralization to the districts.
233	Section 2.  Subsection (14) of section 112.061, Florida
234	Statutes, is amended to read:
235	112.061  Per diem and travel expenses of public officers,
236	employees, and authorized persons.--
237	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
238	SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
239	ORGANIZATIONS.--
240	(a)  The following entities may establish rates that vary
241	from the per diem rate provided in paragraph (6)(a), the
242	subsistence rates provided in paragraph (6)(b), or the mileage
243	rate provided in paragraph (7)(d) if those rates are not less
244	than the statutorily established rates that are in effect for
245	the 2005-2006 fiscal year:
246	1.  The governing body of a county by the enactment of an
247	ordinance or resolution;
248	2.  A county constitutional officer, pursuant to s. 1(d),
249	Art. VIII of the State Constitution, by the establishment of
250	written policy;
251	3.  The governing body of a district school board by the
252	adoption of rules; or
253	4.  The governing body of a special district, as defined in
254	s. 189.403(1), except those special districts that are subject
255	to s. 166.021(10), by the enactment of a resolution; or
256	5.  Any metropolitan planning organization created pursuant
257	to s. 339.175 or any other separate legal or administrative
258	entity created pursuant to s. 339.175 of which a metropolitan
259	planning organization is a member, by the enactment of a
260	resolution.
261	(b)  Rates established pursuant to paragraph (a) must apply
262	uniformly to all travel by the county, county constitutional
263	officer and entity governed by that officer, district school
264	board, or special district, or metropolitan planning
265	organization.
266	(c)  Except as otherwise provided in this subsection,
267	counties, county constitutional officers and entities governed
268	by those officers, district school boards, and special
269	districts, and metropolitan planning organizations, other than
270	those subject to s. 166.021(10), remain subject to the
271	requirements of this section.
272	Section 3.  Subsection (11), paragraph (a) of subsection
273	(42), and paragraph (b) of subsection (52) of section 121.021,
274	Florida Statutes, are amended, and subsection (62) is added to
275	that section, to read:
276	121.021  Definitions.--The following words and phrases as
277	used in this chapter have the respective meanings set forth
278	unless a different meaning is plainly required by the context:
279	(11)  "Officer or employee" means any person receiving
280	salary payments for work performed in a regularly established
281	position and, if employed by a city, a metropolitan planning
282	organization, or a special district, employed in a covered
283	group.
284	(42)(a)  "Local agency employer" means the board of county
285	commissioners or other legislative governing body of a county,
286	however styled, including that of a consolidated or metropolitan
287	government; a clerk of the circuit court, sheriff, property
288	appraiser, tax collector, or supervisor of elections, provided
289	such officer is elected or has been appointed to fill a vacancy
290	in an elective office; a community college board of trustees or
291	district school board; or the governing body of any city,
292	metropolitan planning organization created pursuant to s.
293	339.175 or any other separate legal or administrative entity
294	created pursuant to s. 339.175, or special district of the state
295	which participates in the system for the benefit of certain of
296	its employees.
297	(52)  "Regularly established position" is defined as
298	follows:
299	(b)  In a local agency (district school board, county
300	agency, community college, city, metropolitan planning
301	organization, or special district), the term means a regularly
302	established position which will be in existence for a period
303	beyond 6 consecutive months, except as provided by rule.
304	(62)  "Metropolitan planning organization" means an entity
305	created by an interlocal agreement pursuant to s. 339.175 or any
306	other entity created pursuant to s. 339.175.
307	Section 4.  Paragraph (b) of subsection (2) of section
308	121.051, Florida Statutes, is amended to read:
309	121.051  Participation in the system.--
310	(2)  OPTIONAL PARTICIPATION.--
311	(b)1.  The governing body of any municipality, metropolitan
312	planning organization, or special district in the state may
313	elect to participate in the system upon proper application to
314	the administrator and may cover all or any of its units as
315	approved by the Secretary of Health and Human Services and the
316	administrator. The department shall adopt rules establishing
317	provisions for the submission of documents necessary for such
318	application. Prior to being approved for participation in the
319	Florida Retirement System, the governing body of any such
320	municipality, metropolitan planning organization, or special
321	district that has a local retirement system shall submit to the
322	administrator a certified financial statement showing the
323	condition of the local retirement system as of a date within 3
324	months prior to the proposed effective date of membership in the
325	Florida Retirement System. The statement must be certified by a
326	recognized accounting firm that is independent of the local
327	retirement system. All required documents necessary for
328	extending Florida Retirement System coverage must be received by
329	the department for consideration at least 15 days prior to the
330	proposed effective date of coverage. If the municipality,
331	metropolitan planning organization, or special district does not
332	comply with this requirement, the department may require that
333	the effective date of coverage be changed.
334	2.  Any city, metropolitan planning organization, or
335	special district that has an existing retirement system covering
336	the employees in the units that are to be brought under the
337	Florida Retirement System may participate only after holding a
338	referendum in which all employees in the affected units have the
339	right to participate. Only those employees electing coverage
340	under the Florida Retirement System by affirmative vote in said
341	referendum shall be eligible for coverage under this chapter,
342	and those not participating or electing not to be covered by the
343	Florida Retirement System shall remain in their present systems
344	and shall not be eligible for coverage under this chapter. After
345	the referendum is held, all future employees shall be compulsory
346	members of the Florida Retirement System.
347	3.  The governing body of any city, metropolitan planning
348	organization, or special district complying with subparagraph 1.
349	may elect to provide, or not provide, benefits based on past
350	service of officers and employees as described in s. 121.081(1).
351	However, if such employer elects to provide past service
352	benefits, such benefits must be provided for all officers and
353	employees of its covered group.
354	4.  Once this election is made and approved it may not be
355	revoked, except pursuant to subparagraphs 5. and 6., and all
356	present officers and employees electing coverage under this
357	chapter and all future officers and employees shall be
358	compulsory members of the Florida Retirement System.
359	5.  Subject to the conditions set forth in subparagraph 6.,
360	the governing body of any hospital licensed under chapter 395
361	which is governed by the board of a special district as defined
362	in s. 189.403(1) or by the board of trustees of a public health
363	trust created under s. 154.07, hereinafter referred to as
364	"hospital district," and which participates in the system, may
365	elect to cease participation in the system with regard to future
366	employees in accordance with the following procedure:
367	a.  No more than 30 days and at least 7 days before
368	adopting a resolution to partially withdraw from the Florida
369	Retirement System and establish an alternative retirement plan
370	for future employees, a public hearing must be held on the
371	proposed withdrawal and proposed alternative plan.
372	b.  From 7 to 15 days before such hearing, notice of intent
373	to withdraw, specifying the time and place of the hearing, must
374	be provided in writing to employees of the hospital district
375	proposing partial withdrawal and must be published in a
376	newspaper of general circulation in the area affected, as
377	provided by ss. 50.011-50.031. Proof of publication of such
378	notice shall be submitted to the Department of Management
379	Services.
380	c.  The governing body of any hospital district seeking to
381	partially withdraw from the system must, before such hearing,
382	have an actuarial report prepared and certified by an enrolled
383	actuary, as defined in s. 112.625(3), illustrating the cost to
384	the hospital district of providing, through the retirement plan
385	that the hospital district is to adopt, benefits for new
386	employees comparable to those provided under the Florida
387	Retirement System.
388	d.  Upon meeting all applicable requirements of this
389	subparagraph, and subject to the conditions set forth in
390	subparagraph 6., partial withdrawal from the system and adoption
391	of the alternative retirement plan may be accomplished by
392	resolution duly adopted by the hospital district board. The
393	hospital district board must provide written notice of such
394	withdrawal to the division by mailing a copy of the resolution
395	to the division, postmarked no later than December 15, 1995. The
396	withdrawal shall take effect January 1, 1996.
397	6.  Following the adoption of a resolution under sub-
398	subparagraph 5.d., all employees of the withdrawing hospital
399	district who were participants in the Florida Retirement System
400	prior to January 1, 1996, shall remain as participants in the
401	system for as long as they are employees of the hospital
402	district, and all rights, duties, and obligations between the
403	hospital district, the system, and the employees shall remain in
404	full force and effect. Any employee who is hired or appointed on
405	or after January 1, 1996, may not participate in the Florida
406	Retirement System, and the withdrawing hospital district shall
407	have no obligation to the system with respect to such employees.
408	Section 5.  Paragraph (l) is added to subsection (1) of
409	section 121.055, Florida Statutes, to read:
410	121.055  Senior Management Service Class.--There is hereby
411	established a separate class of membership within the Florida
412	Retirement System to be known as the "Senior Management Service
413	Class," which shall become effective February 1, 1987.
414	(1)
415	(l)  For each metropolitan planning organization that has
416	opted to become part of the Florida Retirement System,
417	participation in the Senior Management Service Class shall be
418	compulsory for the executive director or staff director of that
419	metropolitan planning organization.
420	Section 6.  Paragraphs (a) and (c) of subsection (2) of
421	section 121.061, Florida Statutes, are amended to read:
422	121.061  Funding.--
423	(2)(a)  Should any employer other than a state employer
424	fail to make the retirement and social security contributions,
425	both member and employer contributions, required by this
426	chapter, then, upon request by the administrator, the Department
427	of Revenue or the Department of Financial Services, as the case
428	may be, shall deduct the amount owed by the employer from any
429	funds to be distributed by it to the county, city, metropolitan
430	planning organization, special district, or consolidated form of
431	government. The amounts so deducted shall be transferred to the
432	administrator for further distribution to the trust funds in
433	accordance with this chapter.
434	(c)  The governing body of each county, city, metropolitan
435	planning organization, special district, or consolidated form of
436	government participating under this chapter or the
437	administrator, acting individually or jointly, is hereby
438	authorized to file and maintain an action in the courts of the
439	state to require any employer to remit any retirement or social
440	security member contributions or employer matching payments due
441	the retirement or social security trust funds under the
442	provisions of this chapter.
443	Section 7.  Paragraphs (a), (b), and (e) of subsection (1)
444	of section 121.081, Florida Statutes, are amended to read:
445	121.081  Past service; prior service;
446	contributions.--Conditions under which past service or prior
447	service may be claimed and credited are:
448	(1)(a)  Past service, as defined in s. 121.021(18), may be
449	claimed as creditable service by officers or employees of a
450	city, metropolitan planning organization, or special district
451	that become a covered group under this system. The governing
452	body of a covered group in compliance with s. 121.051(2)(b) may
453	elect to provide benefits with respect to past service earned
454	prior to January 1, 1975, in accordance with this chapter, and
455	the cost for such past service shall be established by applying
456	the following formula: The member contribution for both regular
457	and special risk members shall be 4 percent of the gross annual
458	salary for each year of past service claimed, plus 4-percent
459	employer matching contribution, plus 4 percent interest thereon
460	compounded annually, figured on each year of past service, with
461	interest compounded from date of annual salary earned until July
462	1, 1975, and 6.5 percent interest compounded annually thereafter
463	until date of payment. Once the total cost for a member has been
464	figured to date, then after July 1, 1975, 6.5 percent compounded
465	interest shall be added each June 30 thereafter on any unpaid
466	balance until the cost of such past service liability is paid in
467	full. The following formula shall be used in calculating past
468	service earned prior to January 1, 1975: (Annual gross salary
469	multiplied by 8 percent) multiplied by the 4 percent or 6.5
470	percent compound interest table factor, as may be applicable.
471	The resulting product equals cost to date for each particular
472	year of past service.
473	(b)  Past service earned after January 1, 1975, may be
474	claimed by officers or employees of a city, metropolitan
475	planning organization, or special district that becomes a
476	covered group under this system. The governing body of a covered
477	group may elect to provide benefits with respect to past service
478	earned after January 1, 1975, in accordance with this chapter,
479	and the cost for such past service shall be established by
480	applying the following formula: The employer shall contribute an
481	amount equal to the contribution rate in effect at the time the
482	service was earned, multiplied by the employee's gross salary
483	for each year of past service claimed, plus 6.5 percent interest
484	thereon, compounded annually, figured on each year of past
485	service, with interest compounded from date of annual salary
486	earned until date of payment.
487	(e)  Past service, as defined in s. 121.021(18), may be
488	claimed as creditable service by a member of the Florida
489	Retirement System who formerly was an officer or employee of a
490	city, metropolitan planning organization, or special district,
491	notwithstanding the status or form of the retirement system, if
492	any, of that city, metropolitan planning organization, or
493	special district and irrespective of whether officers or
494	employees of that city, metropolitan planning organization, or
495	special district now or hereafter become a covered group under
496	the Florida Retirement System. Such member may claim creditable
497	service and be entitled to the benefits accruing to the regular
498	class of members as provided for the past service claimed under
499	this paragraph by paying into the retirement trust fund an
500	amount equal to the total actuarial cost of providing the
501	additional benefit resulting from such past-service credit,
502	discounted by the applicable actuarial factors to date of
503	retirement.
504	Section 8.  Paragraph (e) of subsection (2) of section
505	212.055, Florida Statutes, is amended to read:
506	212.055  Discretionary sales surtaxes; legislative intent;
507	authorization and use of proceeds.--It is the legislative intent
508	that any authorization for imposition of a discretionary sales
509	surtax shall be published in the Florida Statutes as a
510	subsection of this section, irrespective of the duration of the
511	levy. Each enactment shall specify the types of counties
512	authorized to levy; the rate or rates which may be imposed; the
513	maximum length of time the surtax may be imposed, if any; the
514	procedure which must be followed to secure voter approval, if
515	required; the purpose for which the proceeds may be expended;
516	and such other requirements as the Legislature may provide.
517	Taxable transactions and administrative procedures shall be as
518	provided in s. 212.054.
519	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
520	(e)  School districts, counties, and municipalities
521	receiving proceeds under the provisions of this subsection may
522	pledge such proceeds for the purpose of servicing new bond
523	indebtedness incurred pursuant to law. Local governments may use
524	the services of the Division of Bond Finance of the State Board
525	of Administration pursuant to the State Bond Act to issue any
526	bonds through the provisions of this subsection. In no case may
527	a jurisdiction issue bonds pursuant to this subsection more
528	frequently than once per year. Counties and municipalities may
529	join together for the issuance of bonds authorized by this
530	subsection.
531	Section 9.  Subsection (1) of section 215.615, Florida
532	Statutes, is amended to read:
533	215.615  Fixed-guideway transportation systems funding.--
534	(1)  The issuance of revenue bonds by the Division of Bond
535	Finance, on behalf of the Department of Transportation, pursuant
536	to s. 11, Art. VII of the State Constitution, is authorized,
537	pursuant to the State Bond Act, to finance or refinance fixed
538	capital expenditures for fixed-guideway transportation systems,
539	as defined in s. 341.031, including facilities appurtenant
540	thereto, costs of issuance, and other amounts relating to such
541	financing or refinancing. Such revenue bonds shall be matched on
542	a 50-50 basis with funds from sources other than revenues of the
543	Department of Transportation, in a manner acceptable to the
544	Department of Transportation. The Division of Bond Finance is
545	authorized to consider innovative financing techniques,
546	technologies which may include, but are not limited to,
547	innovative bidding and structures of potential financings
548	findings that may result in negotiated transactions. The
549	following conditions apply to the issuance of revenue bonds for
550	fixed-guideway transportation systems:
551	(a)  The department and any participating commuter rail
552	authority or regional transportation authority established under
553	chapter 343, local governments, or local governments
554	collectively by interlocal agreement having jurisdiction of a
555	fixed-guideway transportation system may enter into an
556	interlocal agreement to promote the efficient and cost-effective
557	financing or refinancing of fixed-guideway transportation system
558	projects by revenue bonds issued pursuant to this subsection.
559	The terms of such interlocal agreements shall include provisions
560	for the Department of Transportation to request the issuance of
561	the bonds on behalf of the parties; shall provide that after
562	reimbursement pursuant to interlocal agreement, the department's
563	share may be up to 50 percent of the eligible project cost,
564	which may include a share of annual each party to the agreement
565	is contractually liable for an equal share of funding an amount
566	equal to the debt service requirements of such bonds; and shall
567	include any other terms, provisions, or covenants necessary to
568	the making of and full performance under such interlocal
569	agreement. Repayments made to the department under any
570	interlocal agreement are not pledged to the repayment of bonds
571	issued hereunder, and failure of the local governmental
572	authority to make such payment shall not affect the obligation
573	of the department to pay debt service on the bonds.
574	(b)  Revenue bonds issued pursuant to this subsection shall
575	not constitute a general obligation of, or a pledge of the full
576	faith and credit of, the State of Florida. Bonds issued pursuant
577	to this section shall be payable from funds available pursuant
578	to s. 206.46(3), or other funds available to the project,
579	subject to annual appropriation. The amount of revenues
580	available for debt service shall never exceed a maximum of 2
581	percent of all state revenues deposited into the State
582	Transportation Trust Fund.
583	(c)  The projects to be financed or refinanced with the
584	proceeds of the revenue bonds issued hereunder are designated as
585	state fixed capital outlay projects for purposes of s. 11(d),
586	Art. VII of the State Constitution, and the specific projects to
587	be financed or refinanced shall be determined by the Department
588	of Transportation in accordance with state law and
589	appropriations from the State Transportation Trust Fund. Each
590	project to be financed with the proceeds of the bonds issued
591	pursuant to this subsection must first be approved by the
592	Legislature by an act of general law.
593	(d)  Any complaint for validation of bonds issued pursuant
594	to this section shall be filed in the circuit court of the
595	county where the seat of state government is situated, the
596	notice required to be published by s. 75.06 shall be published
597	only in the county where the complaint is filed, and the
598	complaint and order of the circuit court shall be served only on
599	the state attorney of the circuit in which the action is
600	pending.
601	(e)  The state does hereby covenant with holders of such
602	revenue bonds or other instruments of indebtedness issued
603	hereunder, that it will not repeal or impair or amend these
604	provisions in any manner that will materially and adversely
605	affect the rights of such holders as long as bonds authorized by
606	this subsection are outstanding.
607	(f)  This subsection supersedes any inconsistent provisions
608	in existing law.
609
610	Notwithstanding this subsection, the lien of revenue bonds
611	issued pursuant to this subsection on moneys deposited into the
612	State Transportation Trust Fund shall be subordinate to the lien
613	on such moneys of bonds issued under ss. 215.605, 320.20, and
614	215.616, and any pledge of such moneys to pay operating and
615	maintenance expenses under s. 206.46(5) and chapter 348, as may
616	be amended.
617	Section 10.  Subsections (1) and (2) of section 255.20,
618	Florida Statutes, are amended to read:
619	255.20  Local bids and contracts for public construction
620	works; specification of state-produced lumber.--
621	(1)  A county, municipality, special district as defined in
622	chapter 189, or other political subdivision of the state seeking
623	to construct or improve a public building, structure, or other
624	public construction works must competitively award to an
625	appropriately licensed contractor each project that is estimated
626	in accordance with generally accepted cost-accounting principles
627	to have total construction project costs of more than $400,000
628	$200,000. For electrical work, local government must
629	competitively award to an appropriately licensed contractor each
630	project that is estimated in accordance with generally accepted
631	cost-accounting principles to have a cost of more than $100,000
632	$50,000. As used in this section, the term "competitively award"
633	means to award contracts based on the submission of sealed bids,
634	proposals submitted in response to a request for proposal,
635	proposals submitted in response to a request for qualifications,
636	or proposals submitted for competitive negotiation. This
637	subsection expressly allows contracts for construction
638	management services, design/build contracts, continuation
639	contracts based on unit prices, and any other contract
640	arrangement with a private sector contractor permitted by any
641	applicable municipal or county ordinance, by district
642	resolution, or by state law. For purposes of this section,
643	construction costs include the cost of all labor, except inmate
644	labor, and include the cost of equipment and materials to be
645	used in the construction of the project. Subject to the
646	provisions of subsection (3), the county, municipality, special
647	district, or other political subdivision may establish, by
648	municipal or county ordinance or special district resolution,
649	procedures for conducting the bidding process.
650	(a)  Notwithstanding any other law to the contrary, a
651	county, municipality, special district as defined in chapter
652	189, or other political subdivision of the state seeking to
653	construct or improve bridges, roads, streets, highways, or
654	railroads, and services incidental thereto, at costs in excess
655	of $250,000 may require that persons interested in performing
656	work under contract first be certified or qualified to perform
657	such work. Any contractor may be considered ineligible to bid by
658	the governmental entity if the contractor is behind on
659	completing an approved progress schedule for the governmental
660	entity by 10 percent or more at the time of advertisement of the
661	work. Any contractor prequalified and considered eligible by the
662	Department of Transportation to bid to perform the type of work
663	described under the contract shall be presumed to be qualified
664	to perform the work described. The governmental entity may
665	provide an appeal process to overcome that presumption with de
666	novo review based on the record below to the circuit court.
667	(b)  With respect to contractors not prequalified with the
668	Department of Transportation, the governmental entity shall
669	publish prequalification criteria and procedures prior to
670	advertisement or notice of solicitation. Such publications shall
671	include notice of a public hearing for comment on such criteria
672	and procedures prior to adoption. The procedures shall provide
673	for an appeal process within the authority for objections to the
674	prequalification process with de novo review based on the record
675	below to the circuit court within 30 days.
676	(c)  The provisions of this subsection do not apply:
677	1.  When the project is undertaken to replace, reconstruct,
678	or repair an existing facility damaged or destroyed by a sudden
679	unexpected turn of events, such as an act of God, riot, fire,
680	flood, accident, or other urgent circumstances, and such damage
681	or destruction creates:
682	a.  An immediate danger to the public health or safety;
683	b.  Other loss to public or private property which requires
684	emergency government action; or
685	c.  An interruption of an essential governmental service.
686	2.  When, after notice by publication in accordance with
687	the applicable ordinance or resolution, the governmental entity
688	does not receive any responsive bids or responses.
689	3.  To construction, remodeling, repair, or improvement to
690	a public electric or gas utility system when such work on the
691	public utility system is performed by personnel of the system.
692	4.  To construction, remodeling, repair, or improvement by
693	a utility commission whose major contracts are to construct and
694	operate a public electric utility system.
695	5.  When the project is undertaken as repair or maintenance
696	of an existing public facility.
697	6.  When the project is undertaken exclusively as part of a
698	public educational program.
699	7.  When the funding source of the project will be
700	diminished or lost because the time required to competitively
701	award the project after the funds become available exceeds the
702	time within which the funding source must be spent.
703	8.  When the local government has competitively awarded a
704	project to a private sector contractor and the contractor has
705	abandoned the project before completion or the local government
706	has terminated the contract.
707	9.  When the governing board of the local government, after
708	public notice, conducts a public meeting under s. 286.011 and
709	finds by a majority vote of the governing board that it is in
710	the public's best interest to perform the project using its own
711	services, employees, and equipment. The public notice must be
712	published at least 14 days prior to the date of the public
713	meeting at which the governing board takes final action to apply
714	this subparagraph. The notice must identify the project, the
715	estimated cost of the project, and specify that the purpose for
716	the public meeting is to consider whether it is in the public's
717	best interest to perform the project using the local
718	government's own services, employees, and equipment. In deciding
719	whether it is in the public's best interest for local government
720	to perform a project using its own services, employees, and
721	equipment, the governing board may consider the cost of the
722	project, whether the project requires an increase in the number
723	of government employees, an increase in capital expenditures for
724	public facilities, equipment or other capital assets, the impact
725	on local economic development, the impact on small and minority
726	business owners, the impact on state and local tax revenues,
727	whether the private sector contractors provide health insurance
728	and other benefits equivalent to those provided by the local
729	government, and any other factor relevant to what is in the
730	public's best interest.
731	10.  When the governing board of the local government
732	determines upon consideration of specific substantive criteria
733	and administrative procedures that it is in the best interest of
734	the local government to award the project to an appropriately
735	licensed private sector contractor according to procedures
736	established by and expressly set forth in a charter, ordinance,
737	or resolution of the local government adopted prior to July 1,
738	1994. The criteria and procedures must be set out in the
739	charter, ordinance, or resolution and must be applied uniformly
740	by the local government to avoid award of any project in an
741	arbitrary or capricious manner. This exception shall apply when
742	all of the following occur:
743	a.  When the governing board of the local government, after
744	public notice, conducts a public meeting under s. 286.011 and
745	finds by a two-thirds vote of the governing board that it is in
746	the public's best interest to award the project according to the
747	criteria and procedures established by charter, ordinance, or
748	resolution. The public notice must be published at least 14 days
749	prior to the date of the public meeting at which the governing
750	board takes final action to apply this subparagraph. The notice
751	must identify the project, the estimated cost of the project,
752	and specify that the purpose for the public meeting is to
753	consider whether it is in the public's best interest to award
754	the project using the criteria and procedures permitted by the
755	preexisting ordinance.
756	b.  In the event the project is to be awarded by any method
757	other than a competitive selection process, the governing board
758	must find evidence that:
759	(I)  There is one appropriately licensed contractor who is
760	uniquely qualified to undertake the project because that
761	contractor is currently under contract to perform work that is
762	affiliated with the project; or
763	(II)  The time to competitively award the project will
764	jeopardize the funding for the project, or will materially
765	increase the cost of the project or will create an undue
766	hardship on the public health, safety, or welfare.
767	c.  In the event the project is to be awarded by any method
768	other than a competitive selection process, the published notice
769	must clearly specify the ordinance or resolution by which the
770	private sector contractor will be selected and the criteria to
771	be considered.
772	d.  In the event the project is to be awarded by a method
773	other than a competitive selection process, the architect or
774	engineer of record has provided a written recommendation that
775	the project be awarded to the private sector contractor without
776	competitive selection; and the consideration by, and the
777	justification of, the government body are documented, in
778	writing, in the project file and are presented to the governing
779	board prior to the approval required in this paragraph.
780	11.  To projects subject to chapter 336.
781	(d)1.  If the project is to be awarded based on price, the
782	contract must be awarded to the lowest qualified and responsive
783	bidder in accordance with the applicable county or municipal
784	ordinance or district resolution and in accordance with the
785	applicable contract documents. The county, municipality, or
786	special district may reserve the right to reject all bids and to
787	rebid the project or elect not to proceed with the project. This
788	subsection is not intended to restrict the rights of any local
789	government to reject the low bid of a nonqualified or
790	nonresponsive bidder and to award the contract to any other
791	qualified and responsive bidder in accordance with the standards
792	and procedures of any applicable county or municipal ordinance
793	or any resolution of a special district.
794	2.  If the project uses a request for proposal or a request
795	for qualifications, the request must be publicly advertised and
796	the contract must be awarded in accordance with the applicable
797	local ordinances.
798	3.  If the project is subject to competitive negotiations,
799	the contract must be awarded in accordance with s. 287.055.
800	(e)  If a construction project greater than $400,000
801	$200,000, or $100,000 $50,000 for electrical work, is started
802	after October 1, 1999, and is to be performed by a local
803	government using its own employees in a county or municipality
804	that issues registered contractor licenses and the project would
805	require a licensed contractor under chapter 489 if performed by
806	a private sector contractor, the local government must use a
807	person appropriately registered or certified under chapter 489
808	to supervise the work.
809	(f)  If a construction project greater than $400,000
810	$200,000, or $100,000 $50,000 for electrical work, is started
811	after October 1, 1999, and is to be performed by a local
812	government using its own employees in a county that does not
813	issue registered contractor licenses and the project would
814	require a licensed contractor under chapter 489 if performed by
815	a private sector contractor, the local government must use a
816	person appropriately registered or certified under chapter 489
817	or a person appropriately licensed under chapter 471 to
818	supervise the work.
819	(g)  Projects performed by a local government using its own
820	services and employees must be inspected in the same manner as
821	inspections required for work performed by private sector
822	contractors.
823	(h)  A construction project provided for in this subsection
824	may not be divided into more than one project for the purpose of
825	evading this subsection.
826	(i)  This subsection does not preempt the requirements of
827	any small-business or disadvantaged-business enterprise program
828	or any local-preference ordinance.
829	(2)  The threshold amount of $400,000 $200,000 for
830	construction or $100,000 $50,000 for electrical work must be
831	adjusted by the percentage change in the Consumer Price Index
832	from January 1, 2007 1994, to January 1 of the year in which the
833	project is scheduled to begin.
834	Section 11.  Section 316.2123, Florida Statutes, is amended
835	to read:
836	316.2123  Operation of an ATV on certain roadways.--
837	(1)  The operation of an ATV, as defined in s. 317.0003,
838	upon the public roads or streets of this state is prohibited,
839	except that an ATV may be operated during the daytime on an
840	unpaved roadway where the posted speed limit is less than 35
841	miles per hour by a licensed driver or by a minor under the
842	supervision of a licensed driver. The operator must provide
843	proof of ownership pursuant to chapter 317 upon request by a law
844	enforcement officer.
845	(2)  A county is exempt from this section if the governing
846	body of the county, by majority vote, following a noticed public
847	hearing, votes to exempt the county from this section.
848	Alternatively, a county may, by majority vote after such a
849	hearing, designate certain unpaved roadways where an ATV may be
850	operated during the daytime as long as each such designated
851	roadway has a posted speed limit of less than 35 miles per hour
852	and is appropriately marked to indicate permissible ATV use.
853	(3)  Any ATV operation that is permitted under subsection
854	(1) or subsection (2) may be undertaken only by a licensed
855	driver or a minor who is under the direct supervision of a
856	licensed driver. The operator must provide proof of ownership
857	under chapter 317 upon the request of a law enforcement officer.
858	Section 12.  Subsection (1) of section 316.605, Florida
859	Statutes, is amended to read:
860	316.605  Licensing of vehicles.--
861	(1)  Every vehicle, at all times while driven, stopped, or
862	parked upon any highways, roads, or streets of this state, shall
863	be licensed in the name of the owner thereof in accordance with
864	the laws of this state unless such vehicle is not required by
865	the laws of this state to be licensed in this state and shall,
866	except as otherwise provided in s. 320.0706 for front-end
867	registration license plates on truck tractors and s. 320.086(5)
868	which exempts display of license plates on described former
869	military vehicles, display the license plate or both of the
870	license plates assigned to it by the state, one on the rear and,
871	if two, the other on the front of the vehicle, each to be
872	securely fastened to the vehicle outside the main body of the
873	vehicle not higher than 60 inches and not lower than 12 inches
874	from the ground and no more than 24 inches to the left or right
875	of the centerline of the vehicle, and in such manner as to
876	prevent the plates from swinging, and all letters, numerals,
877	printing, writing, and other identification marks upon the
878	plates regarding the word "Florida," the registration decal, and
879	the alphanumeric designation shall be clear and distinct and
880	free from defacement, mutilation, grease, and other obscuring
881	matter, so that they will be plainly visible and legible at all
882	times 100 feet from the rear or front. Vehicle license plates
883	shall be affixed and displayed in such a manner that the letters
884	and numerals shall be read from left to right parallel to the
885	ground. No vehicle license plate may be displayed in an inverted
886	or reversed position or in such a manner that the letters and
887	numbers and their proper sequence are not readily identifiable.
888	Nothing shall be placed upon the face of a Florida plate except
889	as permitted by law or by rule or regulation of a governmental
890	agency. No license plates other than those furnished by the
891	state shall be used. However, if the vehicle is not required to
892	be licensed in this state, the license plates on such vehicle
893	issued by another state, by a territory, possession, or district
894	of the United States, or by a foreign country, substantially
895	complying with the provisions hereof, shall be considered as
896	complying with this chapter. A violation of this subsection is a
897	noncriminal traffic infraction, punishable as a nonmoving
898	violation as provided in chapter 318.
899	Section 13.  Paragraph (b) of subsection (3) of section
900	316.650, Florida Statutes, is amended to read:
901	316.650  Traffic citations.--
902	(3)
903	(b)  If a traffic citation is issued pursuant to s.
904	316.1001, a traffic enforcement officer may deposit the original
905	and one copy of such traffic citation or, in the case of a
906	traffic enforcement agency that has an automated citation
907	system, may provide an electronic facsimile with a court having
908	jurisdiction over the alleged offense or with its traffic
909	violations bureau within 45 days after the date of issuance of
910	the citation to the violator. If the person cited for the
911	violation of s. 316.1001 makes the election provided by s.
912	318.14(12) and pays the $25 fine, or such other amount as
913	imposed by the governmental entity owning the applicable toll
914	facility, plus the amount of the unpaid toll that is shown on
915	the traffic citation directly to the governmental entity that
916	issued the citation, or on whose behalf the citation was issued,
917	in accordance with s. 318.14(12), the traffic citation will not
918	be submitted to the court, the disposition will be reported to
919	the department by the governmental entity that issued the
920	citation, or on whose behalf the citation was issued, and no
921	points will be assessed against the person's driver's license.
922	Section 14.  Subsection (12) of section 318.14, Florida
923	Statutes, is amended to read:
924	318.14  Noncriminal traffic infractions; exception;
925	procedures.--
926	(12)  Any person cited for a violation of s. 316.1001 may,
927	in lieu of making an election as set forth in subsection (4) or
928	s. 318.18(7), elect to pay a his or her fine of $25, or such
929	other amount as imposed by the governmental entity owning the
930	applicable toll facility, plus the amount of the unpaid toll
931	that is shown on the traffic citation directly to the
932	governmental entity that issued the citation, or on whose behalf
933	the citation was issued, within 30 days after the date of
934	issuance of the citation. Any person cited for a violation of s.
935	316.1001 who does not elect to pay the fine imposed by the
936	governmental entity owning the applicable toll facility plus the
937	amount of the unpaid toll that is shown on the traffic citation
938	directly to the governmental entity that issued the citation, or
939	on whose behalf the citation was issued, as described in this
940	subsection section shall have an additional 45 days after the
941	date of the issuance of the citation in which to request a court
942	hearing or to pay the civil penalty and delinquent fee, if
943	applicable, as provided in s. 318.18(7), either by mail or in
944	person, in accordance with subsection (4).
945	Section 15.  Subsection (7) of section 318.18, Florida
946	Statutes, is amended to read:
947	318.18  Amount of civil penalties.--The penalties required
948	for a noncriminal disposition pursuant to s. 318.14 are as
949	follows:
950	(7)  Mandatory $100 fine One hundred dollars for each a
951	violation of s. 316.1001 plus the amount of the unpaid toll
952	shown on the traffic citation for each citation issued. The
953	clerk of the court shall forward $25 of the $100 fine received,
954	plus the amount of the unpaid toll that is shown on the
955	citation, to the governmental entity that issued the citation,
956	or on whose behalf the citation was issued. If a plea
957	arrangement is reached prior to the date set for a scheduled
958	evidentiary hearing and adjudication is withheld, there shall be
959	a mandatory fine assessed per citation of not less than $50 and
960	not more than $100, plus the amount of the unpaid toll for each
961	citation issued. The clerk of the court shall forward $25 of the
962	fine imposed plus the amount of the unpaid toll that is shown on
963	the citation to the governmental entity that issued the citation
964	or on whose behalf the citation was issued. The court shall have
965	specific authority to consolidate issued citations for the same
966	defendant for the purpose of sentencing and aggregate
967	jurisdiction. In addition, the department shall suspend for 60
968	days the driver's license of a person who is convicted of 10
969	violations of s. 316.1001 within a 36-month period. However, a
970	person may elect to pay $30 to the clerk of the court, in which
971	case adjudication is withheld, and no points are assessed under
972	s. 322.27. Upon receipt of the fine, the clerk of the court must
973	retain $5 for administrative purposes and must forward the $25
974	to the governmental entity that issued the citation. Any funds
975	received by a governmental entity for this violation may be used
976	for any lawful purpose related to the operation or maintenance
977	of a toll facility.
978	Section 16.  Section 320.061, Florida Statutes, is amended
979	to read:
980	320.061  Unlawful to alter motor vehicle registration
981	certificates, license plates, mobile home stickers, or
982	validation stickers or to obscure license plates; penalty.--No
983	person shall alter the original appearance of any registration
984	license plate, mobile home sticker, validation sticker, or
985	vehicle registration certificate issued for and assigned to any
986	motor vehicle or mobile home, whether by mutilation, alteration,
987	defacement, or change of color or in any other manner. No person
988	shall apply or attach any substance, reflective matter,
989	illuminated device, spray, coating, covering, or other material
990	onto or around any license plate that interferes with the
991	legibility, angular visibility, or detectability of any feature
992	or detail on the license plate or interferes with the ability to
993	photograph or otherwise record any feature or detail on the
994	license plate. Any person who violates the provisions of this
995	section commits is guilty of a misdemeanor of the second degree,
996	punishable as provided in s. 775.082 or s. 775.083.
997	Section 17.  Paragraph (c) of subsection (6) and subsection
998	(8) of section 332.007, Florida Statutes, are amended to read:
999	332.007  Administration and financing of aviation and
1000	airport programs and projects; state plan.--
1001	(6)  Subject to the availability of appropriated funds, the
1002	department may participate in the capital cost of eligible
1003	public airport and aviation development projects in accordance
1004	with the following rates, unless otherwise provided in the
1005	General Appropriations Act or the substantive bill implementing
1006	the General Appropriations Act:
1007	(c)  When federal funds are not available, the department
1008	may fund up to 80 percent of master planning and eligible
1009	aviation development projects at publicly owned, publicly
1010	operated airports. If federal funds are available, the
1011	department may fund up to 80 percent of the nonfederal share of
1012	such projects. Such funding is limited to airports that have no
1013	scheduled commercial service.
1014	(8)  Notwithstanding any other provision of law to the
1015	contrary, the department is authorized to fund security projects
1016	at provide operational and maintenance assistance to publicly
1017	owned public-use airports. Such assistance shall be to comply
1018	with enhanced federal security requirements or to address
1019	related economic impacts from the events of September 11, 2001.
1020	For projects in the current adopted work program, or projects
1021	added using the available budget of the department, airports may
1022	request the department change the project purpose in accordance
1023	with this provision notwithstanding the provisions of s.
1024	339.135(7). For purposes of this subsection, the department may
1025	fund up to 100 percent of eligible project costs that are not
1026	funded by the Federal Government. Prior to releasing any funds
1027	under this section, the department shall review and approve the
1028	expenditure plans submitted by the airport. The department shall
1029	inform the Legislature of any change that it approves under this
1030	subsection. This subsection shall expire on June 30, 2012 2007.
1031	Section 18.  Subsection (4) of section 332.14, Florida
1032	Statutes, is amended to read:
1033	332.14  Secure Airports for Florida's Economy Council.--
1034	(4)  The council shall adopt bylaws governing the manner in
1035	which the business of the council will be conducted. The bylaws
1036	shall specify the procedure by which the chair of the council is
1037	elected. The council shall meet at the call of its chair, at the
1038	request of a majority of its membership, or at such times as may
1039	be prescribed in its bylaws. However, the council must meet at
1040	least twice a year. Except for the members under paragraphs
1041	(2)(d), (e), and (f), all members of the council are voting
1042	members. A majority of voting members of the council constitutes
1043	a quorum for the purpose of transacting the business of the
1044	council. A vote of the majority of the members present is
1045	sufficient for any action of the council, except that a member
1046	representing the Department of Transportation, the Department of
1047	Community Affairs, the Department of Law Enforcement, or the
1048	Office of Tourism, Trade, and Economic Development may vote to
1049	overrule any action of the council approving a project pursuant
1050	to paragraph (7)(a). The bylaws of the council may require a
1051	greater vote for a particular action.
1052	Section 19.  Paragraph (c) of subsection (1) of section
1053	336.025, Florida Statutes, is amended to read:
1054	336.025  County transportation system; levy of local option
1055	fuel tax on motor fuel and diesel fuel.--
1056	(1)
1057	(c)  Local governments may use the services of the Division
1058	of Bond Finance of the State Board of Administration pursuant to
1059	the State Bond Act to issue any bonds through the provisions of
1060	this section and may pledge the revenues from local option fuel
1061	taxes to secure the payment of the bonds. In no case may a
1062	jurisdiction issue bonds pursuant to this section more
1063	frequently than once per year. Counties and municipalities may
1064	join together for the issuance of bonds issued pursuant to this
1065	section.
1066	Section 20.  Subsection (3) of section 336.41, Florida
1067	Statutes, is amended to read:
1068	336.41  Counties; employing labor and providing road
1069	equipment; accounting; when competitive bidding required.--
1070	(3)  All construction and reconstruction of roads and
1071	bridges, including resurfacing, full scale mineral seal coating,
1072	and major bridge and bridge system repairs, to be performed
1073	utilizing the proceeds of the 80-percent portion of the surplus
1074	of the constitutional gas tax shall be let to contract to the
1075	lowest responsible bidder by competitive bid, except for:
1076	(a)  Construction and maintenance in emergency situations,
1077	and
1078	(b)  In addition to emergency work, construction and
1079	reconstruction, including resurfacing, mineral seal coating, and
1080	bridge repairs, having a total cumulative annual value not to
1081	exceed 5 percent of its 80-percent portion of the constitutional
1082	gas tax or $400,000 $250,000, whichever is greater,
1083
1084	for which the county may utilize its own forces. However, if,
1085	after proper advertising, no bids are received by a county for a
1086	specific project, the county may use its own forces to construct
1087	the project, notwithstanding the limitation of this subsection.
1088	Nothing in this section shall prevent the county from performing
1089	routine maintenance as authorized by law.
1090	Section 21.  Paragraph (a) of subsection (3) of section
1091	337.11, Florida Statutes, is amended to read:
1092	337.11  Contracting authority of department; bids;
1093	emergency repairs, supplemental agreements, and change orders;
1094	combined design and construction contracts; progress payments;
1095	records; requirements of vehicle registration.--
1096	(3)(a)  On all construction contracts of $250,000 or less,
1097	and any construction contract of less than $500,000 for which
1098	the department has waived prequalification under s. 337.14, the
1099	department shall advertise for bids in a newspaper having
1100	general circulation in the county where the proposed work is
1101	located. Publication shall be at least once a week for no less
1102	than 2 consecutive weeks, and the first publication shall be no
1103	less than 14 days prior to the date on which bids are to be
1104	received.
1105	Section 22.  Subsection (1) of section 337.14, Florida
1106	Statutes, is amended to read:
1107	337.14  Application for qualification; certificate of
1108	qualification; restrictions; request for hearing.--
1109	(1)  Any person desiring to bid for the performance of any
1110	construction contract in excess of $250,000 which the department
1111	proposes to let must first be certified by the department as
1112	qualified pursuant to this section and rules of the department.
1113	The rules of the department shall address the qualification of
1114	persons to bid on construction contracts in excess of $250,000
1115	and shall include requirements with respect to the equipment,
1116	past record, experience, financial resources, and organizational
1117	personnel of the applicant necessary to perform the specific
1118	class of work for which the person seeks certification. The
1119	department is authorized to limit the dollar amount of any
1120	contract upon which a person is qualified to bid or the
1121	aggregate total dollar volume of contracts such person is
1122	allowed to have under contract at any one time. Each applicant
1123	seeking qualification to bid on construction contracts in excess
1124	of $250,000 shall furnish the department a statement under oath,
1125	on such forms as the department may prescribe, setting forth
1126	detailed information as required on the application. Each
1127	application for certification shall be accompanied by the latest
1128	annual financial statement of the applicant completed within the
1129	last 12 months. If the annual financial statement shows the
1130	financial condition of the applicant more than 4 months prior to
1131	the date on which the application is received by the department,
1132	then an interim financial statement must also be submitted. The
1133	interim financial statement must cover the period from the end
1134	date of the annual statement and must show the financial
1135	condition of the applicant no more than 4 months prior to the
1136	date on which the application is received by the department.
1137	Each required annual or interim financial statement must be
1138	audited and accompanied by the opinion of a certified public
1139	accountant or a public accountant approved by the department.
1140	The information required by this subsection is confidential and
1141	exempt from the provisions of s. 119.07(1).  The department
1142	shall act upon the application for qualification within 30 days
1143	after the department determines that the application is
1144	complete. The department may waive the requirements of this
1145	subsection for projects having a contract price of $500,000 or
1146	less if the department determines that the project is of a
1147	noncritical nature and the waiver will not endanger public
1148	health, safety, or property.
1149	Section 23.  Paragraph (a) of subsection (1) of section
1150	337.18, Florida Statutes, is amended to read:
1151	337.18  Surety bonds for construction or maintenance
1152	contracts; requirement with respect to contract award; bond
1153	requirements; defaults; damage assessments.--
1154	(1)(a)  A surety bond shall be required of the successful
1155	bidder in an amount equal to the awarded contract price.
1156	However, the department may choose, in its discretion and
1157	applicable only to multiyear maintenance contracts, to allow for
1158	incremental annual contract bonds that cumulatively total the
1159	full, awarded, multiyear contract price. For a project for which
1160	the contract price is $250,000 $150,000 or less, the department
1161	may waive the requirement for all or a portion of a surety bond
1162	if it determines the project is of a noncritical nature and
1163	nonperformance will not endanger public health, safety, or
1164	property. If the secretary or his designee determines that it is
1165	in the best interests of the department to reduce the bonding
1166	requirement for a project and that to do so will not endanger
1167	public health, safety, or property, the department may waive the
1168	requirement of a surety bond in an amount equal to the awarded
1169	contract price for a project having a contract price of $250
1170	million or more and, in its place, may set a surety bond amount
1171	that is a portion of the total contract price and provide an
1172	alternate means of security for the balance of the contract
1173	amount that is not covered by the surety bond or provide for
1174	incremental surety bonding and provide an alternate means of
1175	security for the balance of the contract amount that is not
1176	covered by the surety bond. Such alternative means of security
1177	may include letters of credit, United States bonds and notes,
1178	parent company guaranties, and cash collateral. The department
1179	may require alternate means of security if a surety bond is
1180	waived. The surety on such bond shall be a surety company
1181	authorized to do business in the state. All bonds shall be
1182	payable to the department and conditioned for the prompt,
1183	faithful, and efficient performance of the contract according to
1184	plans and specifications and within the time period specified,
1185	and for the prompt payment of all persons defined in s. 713.01
1186	furnishing labor, material, equipment, and supplies for work
1187	provided in the contract; however, whenever an improvement,
1188	demolition, or removal contract price is $25,000 or less, the
1189	security may, in the discretion of the bidder, be in the form of
1190	a cashier's check, bank money order of any state or national
1191	bank, certified check, or postal money order. The department
1192	shall adopt rules to implement this subsection. Such rules shall
1193	include provisions under which the department shall refuse to
1194	accept bonds on contracts when a surety wrongfully fails or
1195	refuses to settle or provide a defense for claims or actions
1196	arising under a contract for which the surety previously
1197	furnished a bond.
1198	Section 24.  Subsection (1) of section 338.155, Florida
1199	Statutes, is amended to read:
1200	338.155  Payment of toll on toll facilities required;
1201	exemptions.--
1202	(1)  No persons are permitted to use any toll facility
1203	without payment of tolls, except employees of the agency
1204	operating the toll project when using the toll facility on
1205	official state business, state military personnel while on
1206	official military business, handicapped persons as provided in
1207	this section, persons exempt from toll payment by the
1208	authorizing resolution for bonds issued to finance the facility,
1209	and persons exempt on a temporary basis where use of such toll
1210	facility is required as a detour route. Any law enforcement
1211	officer operating a marked official vehicle is exempt from toll
1212	payment when on official law enforcement business. Any law
1213	enforcement officer operating an unmarked official vehicle may,
1214	at the discretion of the toll authority, be exempt from toll
1215	payment when on official law enforcement business. Any person
1216	operating a fire vehicle when on official business or a rescue
1217	vehicle when on official business is exempt from toll payment.
1218	Any person participating in the funeral procession of a law
1219	enforcement officer or firefighter killed in the line of duty is
1220	exempt from toll payment. The secretary, or the secretary's
1221	designee, may suspend the payment of tolls on a toll facility
1222	when necessary to assist in emergency evacuation. The failure to
1223	pay a prescribed toll constitutes a noncriminal traffic
1224	infraction, punishable as a moving violation pursuant to s.
1225	318.18. The department is authorized to adopt rules relating to
1226	guaranteed toll accounts.
1227	Section 25.  Subsection (3) is added to section 338.161,
1228	Florida Statutes, to read:
1229	338.161  Authority of department or toll agencies to
1230	advertise and promote electronic toll collection; expanded uses
1231	of electronic toll collection system; studies authorized.--
1232	(3)(a)  The department or any toll agency created by
1233	statute may incur expenses to advertise or promote its
1234	electronic toll collection system to consumers on or off the
1235	turnpike or toll system.
1236	(b)  If the department or any toll agency created by
1237	statute finds that it can increase nontoll revenues or add
1238	convenience or other value for its customers, the department or
1239	toll agency may enter into agreements with any private or public
1240	entity allowing the use of its electronic toll collection system
1241	to pay parking fees for vehicles equipped with a transponder or
1242	similar device. The department or toll agency may initiate
1243	feasibility studies of additional future uses of its electronic
1244	toll collection system and make recommendations to the
1245	Legislature to authorize such uses.
1246	Section 26.  Subsections (1), (3), and (4) of section
1247	338.2275, Florida Statutes, are amended to read:
1248	338.2275  Approved turnpike projects.--
1249	(1)  Legislative approval of the department's tentative
1250	work program that contains the turnpike project constitutes
1251	approval to issue bonds as required by s. 11(f), Art. VII of the
1252	State Constitution. No more than $10 billion of bonds may be
1253	outstanding to fund approved turnpike projects. Turnpike
1254	projects approved to be included in future tentative work
1255	programs include, but are not limited to, projects contained in
1256	the 2003-2004 tentative work program. A maximum of $4.5 billion
1257	of bonds may be issued to fund approved turnpike projects.
1258	(3)  Subject to verification of economic feasibility by the
1259	department in accordance with s. 338.221(8), the department
1260	shall acquire the assets and assume the liabilities of the
1261	Sawgrass Expressway as a candidate project from the Broward
1262	County Expressway Authority. The agreement to acquire the
1263	Sawgrass Expressway shall be subject to the terms and covenants
1264	of the Broward County Expressway Authority Bond Series 1984 and
1265	1986A lease-purchase agreements and shall not act to the
1266	detriment of the bondholders nor decrease the quality of the
1267	bonds. The department shall provide for the cost of operations
1268	and maintenance expenses and for the replacement of future
1269	Broward County gasoline tax funds pledged for the payment of
1270	principal and interest on such bonds. The department shall
1271	repay, to the extent possible, Broward County gasoline tax funds
1272	used since July 6, 1988, for debt service on such bonds. For the
1273	purpose of calculating the economic feasibility of this project,
1274	the department is authorized to exclude operations and
1275	maintenance expenses accumulated between July 6, 1988, and the
1276	date of the agreement. Upon performance of all terms of the
1277	agreement between the parties, the Sawgrass Expressway will
1278	become a part of the turnpike system.
1279	(3)(4)  Bonds may not be issued to fund a turnpike project
1280	until the department has made a final determination that the
1281	project is economically feasible in accordance with s. 338.221,
1282	based on the most current information available.
1283	Section 27.  Subsections (3) and (6) of section 338.231,
1284	Florida Statutes, are amended to read:
1285	338.231  Turnpike tolls, fixing; pledge of tolls and other
1286	revenues.--The department shall at all times fix, adjust,
1287	charge, and collect such tolls for the use of the turnpike
1288	system as are required in order to provide a fund sufficient
1289	with other revenues of the turnpike system to pay the cost of
1290	maintaining, improving, repairing, and operating such turnpike
1291	system; to pay the principal of and interest on all bonds issued
1292	to finance or refinance any portion of the turnpike system as
1293	the same become due and payable; and to create reserves for all
1294	such purposes.
1295	(3)(a)  The department shall publish a proposed change in
1296	the toll rate for the use of an existing toll facility, in the
1297	manner provided for in s. 120.54, which will provide for public
1298	notice and the opportunity for a public hearing before the
1299	adoption of the proposed rate change. When the department is
1300	evaluating a proposed turnpike toll project under s. 338.223 and
1301	has determined that there is a high probability that the project
1302	will pass the test of economic feasibility predicated on
1303	proposed toll rates, the toll rate that is proposed to be
1304	charged after the project is constructed must be adopted during
1305	the planning and project development phase of the project, in
1306	the manner provided for in s. 120.54, including public notice
1307	and the opportunity for a public hearing. For such a new
1308	project, the toll rate becomes effective upon the opening of the
1309	project to traffic.
1310	(b)  The department may also fix, adjust, charge, and
1311	collect transaction fees and collection fees related to tolls
1312	not paid at the time the toll is incurred. The department shall
1313	publish its proposed fees in the manner provided for in s.
1314	120.54, which will provide for public notice and the opportunity
1315	for a public hearing before the adoption of the proposed fees.
1316	Any fee so established will be added to the unpaid toll amount
1317	due and payable to the department.
1318	(6)  In each fiscal year while any of the bonds of the
1319	Broward County Expressway Authority series 1984 and series 1986-
1320	A remain outstanding, the department is authorized to pledge
1321	revenues from the turnpike system to the payment of principal
1322	and interest of such series of bonds, the repayment of Broward
1323	County gasoline tax funds as provided in s. 338.2275(3), and the
1324	operation and maintenance expenses of the Sawgrass Expressway,
1325	to the extent gross toll revenues of the Sawgrass Expressway are
1326	insufficient to make such payments. The terms of an agreement
1327	relative to the pledge of turnpike system revenue will be
1328	negotiated with the parties of the 1984 and 1986 Broward County
1329	Expressway Authority lease-purchase agreements, and subject to
1330	the covenants of those agreements. The agreement shall establish
1331	that the Sawgrass Expressway shall be subject to the planning,
1332	management, and operating control of the department limited only
1333	by the terms of the lease-purchase agreements. The department
1334	shall provide for the payment of operation and maintenance
1335	expenses of the Sawgrass Expressway until such agreement is in
1336	effect. This pledge of turnpike system revenues shall be
1337	subordinate to the debt service requirements of any future issue
1338	of turnpike bonds, the payment of turnpike system operation and
1339	maintenance expenses, and subject to provisions of any
1340	subsequent resolution or trust indenture relating to the
1341	issuance of such turnpike bonds.
1342	Section 28.  Section 339.175, Florida Statutes, is amended
1343	to read:
1344	339.175  Metropolitan planning organization.--
1345	(1)  PURPOSE.--It is the intent of the Legislature to
1346	encourage and promote the safe and efficient management,
1347	operation, and development of surface transportation systems
1348	that will serve the mobility needs of people and freight and
1349	foster economic growth and development within and through
1350	urbanized areas of this state while minimizing transportation-
1351	related fuel consumption and air pollution through metropolitan
1352	transportation planning processes identified in this section. To
1353	accomplish these objectives, metropolitan planning
1354	organizations, referred to in this section as M.P.O.'s, shall
1355	develop, in cooperation with the state and public transit
1356	operators, transportation plans and programs for metropolitan
1357	areas. The plans and programs for each metropolitan area must
1358	provide for the development and integrated management and
1359	operation of transportation systems and facilities, including
1360	pedestrian walkways and bicycle transportation facilities that
1361	will function as an intermodal transportation system for the
1362	metropolitan area, based upon the prevailing principles provided
1363	in s. 334.046(1). The process for developing such plans and
1364	programs shall provide for consideration of all modes of
1365	transportation and shall be continuing, cooperative, and
1366	comprehensive, to the degree appropriate, based on the
1367	complexity of the transportation problems to be addressed. To
1368	ensure that the process is integrated with the statewide
1369	planning process, M.P.O.'s shall develop plans and programs that
1370	identify transportation facilities that should function as an
1371	integrated metropolitan transportation system, giving emphasis
1372	to facilities that serve important national, state, and regional
1373	transportation functions. For the purposes of this section,
1374	those facilities include the facilities on the Strategic
1375	Intermodal System designated under s. 339.63 and facilities for
1376	which projects have been identified pursuant to s. 339.2819(4).
1377	(2)(1)  DESIGNATION.--
1378	(a)1.  An M.P.O. shall be designated for each urbanized
1379	area of the state; however, this does not require that an
1380	individual M.P.O. be designated for each such area. Such
1381	designation shall be accomplished by agreement between the
1382	Governor and units of general-purpose local government
1383	representing at least 75 percent of the population of the
1384	urbanized area; however, the unit of general-purpose local
1385	government that represents the central city or cities within the
1386	M.P.O. jurisdiction, as defined by the United States Bureau of
1387	the Census, must be a party to such agreement.
1388	2.  More than one M.P.O. may be designated within an
1389	existing metropolitan planning area only if the Governor and the
1390	existing M.P.O. determine that the size and complexity of the
1391	existing metropolitan planning area makes the designation of
1392	more than one M.P.O. for the area appropriate.
1393	(b)  Each M.P.O. designated in a manner prescribed by Title
1394	23 U.S.C. shall be created and operated under the provisions of
1395	this section pursuant to an interlocal agreement entered into
1396	pursuant to s. 163.01. The signatories to the interlocal
1397	agreement shall be the department and the governmental entities
1398	designated by the Governor for membership on the M.P.O. Each
1399	M.P.O. shall be considered separate from the state or the
1400	governing body of a local government that is represented on the
1401	governing board of the M.P.O. or that is a signatory to the
1402	interlocal agreement creating the M.P.O. and shall have such
1403	powers and privileges that are provided under s. 163.01. If
1404	there is a conflict between this section and s. 163.01, this
1405	section prevails.
1406	(c)  The jurisdictional boundaries of an M.P.O. shall be
1407	determined by agreement between the Governor and the applicable
1408	M.P.O. The boundaries must include at least the metropolitan
1409	planning area, which is the existing urbanized area and the
1410	contiguous area expected to become urbanized within a 20-year
1411	forecast period, and may encompass the entire metropolitan
1412	statistical area or the consolidated metropolitan statistical
1413	area.
1414	(d)  In the case of an urbanized area designated as a
1415	nonattainment area for ozone or carbon monoxide under the Clean
1416	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
1417	metropolitan planning area in existence as of the date of
1418	enactment of this paragraph shall be retained, except that the
1419	boundaries may be adjusted by agreement of the Governor and
1420	affected metropolitan planning organizations in the manner
1421	described in this section. If more than one M.P.O. has authority
1422	within a metropolitan area or an area that is designated as a
1423	nonattainment area, each M.P.O. shall consult with other
1424	M.P.O.'s designated for such area and with the state in the
1425	coordination of plans and programs required by this section.
1426	(e)  The governing body of the M.P.O. shall designate, at a
1427	minimum, a chair, vice chair, and agency clerk. The chair and
1428	vice chair shall be selected from among the member delegates
1429	comprising the governing board. The agency clerk shall be
1430	charged with the responsibility of preparing meeting minutes and
1431	maintaining agency records. The clerk shall be a member of the
1432	M.P.O. governing board, an employee of the M.P.O., or other
1433	natural person.
1434
1435	Each M.P.O. required under this section must be fully operative
1436	no later than 6 months following its designation.
1437	(3)(2)  VOTING MEMBERSHIP.--
1438	(a)  The voting membership of an M.P.O. shall consist of
1439	not fewer than 5 or more than 19 apportioned members, the exact
1440	number to be determined on an equitable geographic-population
1441	ratio basis by the Governor, based on an agreement among the
1442	affected units of general-purpose local government as required
1443	by federal rules and regulations. The Governor, in accordance
1444	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
1445	represent municipalities to alternate with representatives from
1446	other municipalities within the metropolitan planning area that
1447	do not have members on the M.P.O. County commission members
1448	shall compose not less than one-third of the M.P.O. membership,
1449	except for an M.P.O. with more than 15 members located in a
1450	county with a 5-member five-member county commission or an
1451	M.P.O. with 19 members located in a county with no more than 6
1452	county commissioners, in which case county commission members
1453	may compose less than one-third percent of the M.P.O.
1454	membership, but all county commissioners must be members. All
1455	voting members shall be elected officials of general-purpose
1456	local governments, except that an M.P.O. may include, as part of
1457	its apportioned voting members, a member of a statutorily
1458	authorized planning board, an official of an agency that
1459	operates or administers a major mode of transportation, or an
1460	official of the Florida Space Authority. As used in this
1461	section, the term "elected officials of a general-purpose local
1462	government" shall exclude constitutional officers, including
1463	sheriffs, tax collectors, supervisors of elections, property
1464	appraisers, clerks of the court, and similar types of officials.
1465	County commissioners The county commission shall compose not
1466	less than 20 percent of the M.P.O. membership if an official of
1467	an agency that operates or administers a major mode of
1468	transportation has been appointed to an M.P.O.
1469	(b)  In metropolitan areas in which authorities or other
1470	agencies have been or may be created by law to perform
1471	transportation functions and are performing transportation
1472	functions that are not under the jurisdiction of a general-
1473	purpose general purpose local government represented on the
1474	M.P.O., they shall be provided voting membership on the M.P.O.
1475	In all other M.P.O.'s where transportation authorities or
1476	agencies are to be represented by elected officials from
1477	general-purpose general purpose local governments, the M.P.O.
1478	shall establish a process by which the collective interests of
1479	such authorities or other agencies are expressed and conveyed.
1480	(c)  Any other provision of this section to the contrary
1481	notwithstanding, a chartered county with over 1 million
1482	population may elect to reapportion the membership of an M.P.O.
1483	whose jurisdiction is wholly within the county. The charter
1484	county may exercise the provisions of this paragraph if:
1485	1.  The M.P.O. approves the reapportionment plan by a
1486	three-fourths vote of its membership;
1487	2.  The M.P.O. and the charter county determine that the
1488	reapportionment plan is needed to fulfill specific goals and
1489	policies applicable to that metropolitan planning area; and
1490	3.  The charter county determines the reapportionment plan
1491	otherwise complies with all federal requirements pertaining to
1492	M.P.O. membership.
1493
1494	Any charter county that elects to exercise the provisions of
1495	this paragraph shall notify the Governor in writing.
1496	(d)  Any other provision of this section to the contrary
1497	notwithstanding, any county chartered under s. 6(e), Art. VIII
1498	of the State Constitution may elect to have its county
1499	commission serve as the M.P.O., if the M.P.O. jurisdiction is
1500	wholly contained within the county. Any charter county that
1501	elects to exercise the provisions of this paragraph shall so
1502	notify the Governor in writing. Upon receipt of such
1503	notification, the Governor must designate the county commission
1504	as the M.P.O. The Governor must appoint four additional voting
1505	members to the M.P.O., one of whom must be an elected official
1506	representing a municipality within the county, one of whom must
1507	be an expressway authority member, one of whom must be a person
1508	who does not hold elected public office and who resides in the
1509	unincorporated portion of the county, and one of whom must be a
1510	school board member.
1511	(4)(3)  APPORTIONMENT.--
1512	(a)  The Governor shall, with the agreement of the affected
1513	units of general-purpose local government as required by federal
1514	rules and regulations, apportion the membership on the
1515	applicable M.P.O. among the various governmental entities within
1516	the area. At the request of a majority of the affected units of
1517	general-purpose local government comprising an M.P.O., the
1518	Governor and a majority of units of general-purpose local
1519	government serving on an M.P.O. shall cooperatively agree upon
1520	and prescribe who may serve as an alternate member and shall
1521	prescribe a method for appointing alternate members who may vote
1522	at any M.P.O. meeting that an alternate member attends in place
1523	of a regular member. The method shall be set forth as a part of
1524	the interlocal agreement describing the M.P.O.'s membership or
1525	in the M.P.O.'s operating procedures and bylaws. An appointed
1526	alternate member must be an elected official serving the same
1527	governmental entity or a general-purpose local government with
1528	jurisdiction within all or part of the area that the regular
1529	member serves. The governmental entity so designated shall
1530	appoint the appropriate number of members to the M.P.O. from
1531	eligible officials. Representatives of the department shall
1532	serve as nonvoting members of the M.P.O. governing board.
1533	Nonvoting advisers may be appointed by the M.P.O. as deemed
1534	necessary; however, to the maximum extent feasible, each M.P.O.
1535	shall seek to appoint nonvoting representatives of various
1536	multimodal forms of transportation not otherwise represented by
1537	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
1538	advisers representing major military installations located
1539	within the jurisdictional boundaries of the M.P.O. upon the
1540	request of the aforesaid major military installations and
1541	subject to the agreement of the M.P.O. All nonvoting advisers
1542	may attend and participate fully in governing board meetings but
1543	shall not have a vote and shall not be members of the governing
1544	board. The Governor shall review the composition of the M.P.O.
1545	membership in conjunction with the decennial census as prepared
1546	by the United States Department of Commerce, Bureau of the
1547	Census, and reapportion it as necessary to comply with
1548	subsection (3) (2).
1549	(b)  Except for members who represent municipalities on the
1550	basis of alternating with representatives from other
1551	municipalities that do not have members on the M.P.O. as
1552	provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
1553	shall serve 4-year terms. Members who represent municipalities
1554	on the basis of alternating with representatives from other
1555	municipalities that do not have members on the M.P.O. as
1556	provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
1557	years as further provided in the interlocal agreement described
1558	in paragraph (2)(b) (1)(b). The membership of a member who is a
1559	public official automatically terminates upon the member's
1560	leaving his or her elective or appointive office for any reason,
1561	or may be terminated by a majority vote of the total membership
1562	of the entity's governing board a county or city governing
1563	entity represented by the member. A vacancy shall be filled by
1564	the original appointing entity. A member may be reappointed for
1565	one or more additional 4-year terms.
1566	(c)  If a governmental entity fails to fill an assigned
1567	appointment to an M.P.O. within 60 days after notification by
1568	the Governor of its duty to appoint, that appointment shall be
1569	made by the Governor from the eligible representatives of that
1570	governmental entity.
1571	(5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
1572	responsibility of an M.P.O. is to manage a continuing,
1573	cooperative, and comprehensive transportation planning process
1574	that, based upon the prevailing principles provided in s.
1575	334.046(1), results in the development of plans and programs
1576	which are consistent, to the maximum extent feasible, with the
1577	approved local government comprehensive plans of the units of
1578	local government the boundaries of which are within the
1579	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
1580	cooperative decisionmaking by officials of the affected
1581	governmental entities in the development of the plans and
1582	programs required by subsections (5), (6), (7), and (8), and
1583	(9).
1584	(6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
1585	privileges, and authority of an M.P.O. are those specified in
1586	this section or incorporated in an interlocal agreement
1587	authorized under s. 163.01. Each M.P.O. shall perform all acts
1588	required by federal or state laws or rules, now and subsequently
1589	applicable, which are necessary to qualify for federal aid. It
1590	is the intent of this section that each M.P.O. shall be involved
1591	in the planning and programming of transportation facilities,
1592	including, but not limited to, airports, intercity and high-
1593	speed rail lines, seaports, and intermodal facilities, to the
1594	extent permitted by state or federal law.
1595	(a)  Each M.P.O. shall, in cooperation with the department,
1596	develop:
1597	1.  A long-range transportation plan pursuant to the
1598	requirements of subsection (7) (6);
1599	2.  An annually updated transportation improvement program
1600	pursuant to the requirements of subsection (8) (7); and
1601	3.  An annual unified planning work program pursuant to the
1602	requirements of subsection (9) (8).
1603	(b)  In developing the long-range transportation plan and
1604	the transportation improvement program required under paragraph
1605	(a), each M.P.O. shall provide for consideration of projects and
1606	strategies that will:
1607	1.  Support the economic vitality of the metropolitan area,
1608	especially by enabling global competitiveness, productivity, and
1609	efficiency;
1610	2.  Increase the safety and security of the transportation
1611	system for motorized and nonmotorized users;
1612	3.  Increase the accessibility and mobility options
1613	available to people and for freight;
1614	4.  Protect and enhance the environment, promote energy
1615	conservation, and improve quality of life;
1616	5.  Enhance the integration and connectivity of the
1617	transportation system, across and between modes, for people and
1618	freight;
1619	6.  Promote efficient system management and operation; and
1620	7.  Emphasize the preservation of the existing
1621	transportation system.
1622	(c)  In order to provide recommendations to the department
1623	and local governmental entities regarding transportation plans
1624	and programs, each M.P.O. shall:
1625	1.  Prepare a congestion management system for the
1626	metropolitan area and cooperate with the department in the
1627	development of all other transportation management systems
1628	required by state or federal law;
1629	2.  Assist the department in mapping transportation
1630	planning boundaries required by state or federal law;
1631	3.  Assist the department in performing its duties relating
1632	to access management, functional classification of roads, and
1633	data collection;
1634	4.  Execute all agreements or certifications necessary to
1635	comply with applicable state or federal law;
1636	5.  Represent all the jurisdictional areas within the
1637	metropolitan area in the formulation of transportation plans and
1638	programs required by this section; and
1639	6.  Perform all other duties required by state or federal
1640	law.
1641	(d)  Each M.P.O. shall appoint a technical advisory
1642	committee, the members of which shall serve at the pleasure of
1643	the M.P.O. The membership of the technical advisory committee
1644	must include, whenever possible, that includes planners;
1645	engineers; representatives of local aviation authorities, port
1646	authorities, and public transit authorities or representatives
1647	of aviation departments, seaport departments, and public transit
1648	departments of municipal or county governments, as applicable;
1649	the school superintendent of each county within the jurisdiction
1650	of the M.P.O. or the superintendent's designee; and other
1651	appropriate representatives of affected local governments. In
1652	addition to any other duties assigned to it by the M.P.O. or by
1653	state or federal law, the technical advisory committee is
1654	responsible for considering safe access to schools in its review
1655	of transportation project priorities, long-range transportation
1656	plans, and transportation improvement programs, and shall advise
1657	the M.P.O. on such matters. In addition, the technical advisory
1658	committee shall coordinate its actions with local school boards
1659	and other local programs and organizations within the
1660	metropolitan area which participate in school safety activities,
1661	such as locally established community traffic safety teams.
1662	Local school boards must provide the appropriate M.P.O. with
1663	information concerning future school sites and in the
1664	coordination of transportation service.
1665	(e)1.  Each M.P.O. shall appoint a citizens' advisory
1666	committee, the members of which serve at the pleasure of the
1667	M.P.O. The membership on the citizens' advisory committee must
1668	reflect a broad cross section of local residents with an
1669	interest in the development of an efficient, safe, and cost-
1670	effective transportation system. Minorities, the elderly, and
1671	the handicapped must be adequately represented.
1672	2.  Notwithstanding the provisions of subparagraph 1., an
1673	M.P.O. may, with the approval of the department and the
1674	applicable federal governmental agency, adopt an alternative
1675	program or mechanism to ensure citizen involvement in the
1676	transportation planning process.
1677	(f)  The department shall allocate to each M.P.O., for the
1678	purpose of accomplishing its transportation planning and
1679	programming duties, an appropriate amount of federal
1680	transportation planning funds.
1681	(g)  Each M.P.O. shall have an executive or staff director
1682	who reports directly to the M.P.O. governing board for all
1683	matters regarding the administration and operation of the M.P.O.
1684	and any additional personnel as deemed necessary. The executive
1685	director and any additional personnel may be employed either by
1686	an M.P.O. or by another governmental entity, such as a county,
1687	city, or regional planning council, that has a staff services
1688	agreement signed and in effect with the M.P.O. Each M.P.O. may
1689	employ personnel or may enter into contracts with local or state
1690	agencies, private planning firms, or private engineering firms,
1691	or other public or private entities to accomplish its
1692	transportation planning and programming duties and
1693	administrative functions required by state or federal law.
1694	(h)  In order to enhance their knowledge, effectiveness,
1695	and participation in the urbanized area transportation planning
1696	process, each M.P.O. shall provide training opportunities and
1697	training funds specifically for local elected officials and
1698	others who serve on an M.P.O. The training opportunities may be
1699	conducted by an individual M.P.O. or through statewide and
1700	federal training programs and initiatives that are specifically
1701	designed to meet the needs of M.P.O. board members.
1702	(i)(h)  A chair's coordinating committee is created,
1703	composed of the M.P.O.'s serving Hernando, Hillsborough,
1704	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
1705	committee must, at a minimum:
1706	1.  Coordinate transportation projects deemed to be
1707	regionally significant by the committee.
1708	2.  Review the impact of regionally significant land use
1709	decisions on the region.
1710	3.  Review all proposed regionally significant
1711	transportation projects in the respective transportation
1712	improvement programs which affect more than one of the M.P.O.'s
1713	represented on the committee.
1714	4.  Institute a conflict resolution process to address any
1715	conflict that may arise in the planning and programming of such
1716	regionally significant projects.
1717	(j)(i)1.  The Legislature finds that the state's rapid
1718	growth in recent decades has caused many urbanized areas subject
1719	to M.P.O. jurisdiction to become contiguous to each other. As a
1720	result, various transportation projects may cross from the
1721	jurisdiction of one M.P.O. into the jurisdiction of another
1722	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
1723	have been mandated, M.P.O.'s shall develop coordination
1724	mechanisms with one another to expand and improve transportation
1725	within the state. The appropriate method of coordination between
1726	M.P.O.'s shall vary depending upon the project involved and
1727	given local and regional needs. Consequently, it is appropriate
1728	to set forth a flexible methodology that can be used by M.P.O.'s
1729	to coordinate with other M.P.O.'s and appropriate political
1730	subdivisions as circumstances demand.
1731	2.  Any M.P.O. may join with any other M.P.O. or any
1732	individual political subdivision to coordinate activities or to
1733	achieve any federal or state transportation planning or
1734	development goals or purposes consistent with federal or state
1735	law. When an M.P.O. determines that it is appropriate to join
1736	with another M.P.O. or any political subdivision to coordinate
1737	activities, the M.P.O. or political subdivision shall enter into
1738	an interlocal agreement pursuant to s. 163.01, which, at a
1739	minimum, creates a separate legal or administrative entity to
1740	coordinate the transportation planning or development activities
1741	required to achieve the goal or purpose; provides provide the
1742	purpose for which the entity is created; provides provide the
1743	duration of the agreement and the entity, and specifies specify
1744	how the agreement may be terminated, modified, or rescinded;
1745	describes describe the precise organization of the entity,
1746	including who has voting rights on the governing board, whether
1747	alternative voting members are provided for, how voting members
1748	are appointed, and what the relative voting strength is for each
1749	constituent M.P.O. or political subdivision; provides provide
1750	the manner in which the parties to the agreement will provide
1751	for the financial support of the entity and payment of costs and
1752	expenses of the entity; provides provide the manner in which
1753	funds may be paid to and disbursed from the entity; and provides
1754	provide how members of the entity will resolve disagreements
1755	regarding interpretation of the interlocal agreement or disputes
1756	relating to the operation of the entity. Such interlocal
1757	agreement shall become effective upon its recordation in the
1758	official public records of each county in which a member of the
1759	entity created by the interlocal agreement has a voting member.
1760	This paragraph does not require any M.P.O.'s to merge, combine,
1761	or otherwise join together as a single M.P.O.
1762	(7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1763	develop a long-range transportation plan that addresses at least
1764	a 20-year planning horizon. The plan must include both
1765	long-range and short-range strategies and must comply with all
1766	other state and federal requirements. The prevailing principles
1767	to be considered in the long-range transportation plan are:
1768	preserving the existing transportation infrastructure; enhancing
1769	Florida's economic competitiveness; and improving travel choices
1770	to ensure mobility. The long-range transportation plan must be
1771	consistent, to the maximum extent feasible, with future land use
1772	elements and the goals, objectives, and policies of the approved
1773	local government comprehensive plans of the units of local
1774	government located within the jurisdiction of the M.P.O. The
1775	approved long-range transportation plan must be considered by
1776	local governments in the development of the transportation
1777	elements in local government comprehensive plans and any
1778	amendments thereto. The long-range transportation plan must, at
1779	a minimum:
1780	(a)  Identify transportation facilities, including, but not
1781	limited to, major roadways, airports, seaports, spaceports,
1782	commuter rail systems, transit systems, and intermodal or
1783	multimodal terminals that will function as an integrated
1784	metropolitan transportation system. The long-range
1785	transportation plan must give emphasis to those transportation
1786	facilities that serve national, statewide, or regional
1787	functions, and must consider the goals and objectives identified
1788	in the Florida Transportation Plan as provided in s. 339.155. If
1789	a project is located within the boundaries of more than one
1790	M.P.O., the M.P.O.'s must coordinate plans regarding the project
1791	in the long-range transportation plan.
1792	(b)  Include a financial plan that demonstrates how the
1793	plan can be implemented, indicating resources from public and
1794	private sources which are reasonably expected to be available to
1795	carry out the plan, and recommends any additional financing
1796	strategies for needed projects and programs. The financial plan
1797	may include, for illustrative purposes, additional projects that
1798	would be included in the adopted long-range transportation plan
1799	if reasonable additional resources beyond those identified in
1800	the financial plan were available. For the purpose of developing
1801	the long-range transportation plan, the M.P.O. and the
1802	department shall cooperatively develop estimates of funds that
1803	will be available to support the plan implementation. Innovative
1804	financing techniques may be used to fund needed projects and
1805	programs. Such techniques may include the assessment of tolls,
1806	the use of value capture financing, or the use of value pricing.
1807	(c)  Assess capital investment and other measures necessary
1808	to:
1809	1.  Ensure the preservation of the existing metropolitan
1810	transportation system including requirements for the operation,
1811	resurfacing, restoration, and rehabilitation of major roadways
1812	and requirements for the operation, maintenance, modernization,
1813	and rehabilitation of public transportation facilities; and
1814	2.  Make the most efficient use of existing transportation
1815	facilities to relieve vehicular congestion and maximize the
1816	mobility of people and goods.
1817	(d)  Indicate, as appropriate, proposed transportation
1818	enhancement activities, including, but not limited to,
1819	pedestrian and bicycle facilities, scenic easements,
1820	landscaping, historic preservation, mitigation of water
1821	pollution due to highway runoff, and control of outdoor
1822	advertising.
1823	(e)  In addition to the requirements of paragraphs (a)-(d),
1824	in metropolitan areas that are classified as nonattainment areas
1825	for ozone or carbon monoxide, the M.P.O. must coordinate the
1826	development of the long-range transportation plan with the State
1827	Implementation Plan developed pursuant to the requirements of
1828	the federal Clean Air Act.
1829
1830	In the development of its long-range transportation plan, each
1831	M.P.O. must provide the public, affected public agencies,
1832	representatives of transportation agency employees, freight
1833	shippers, providers of freight transportation services, private
1834	providers of transportation, representatives of users of public
1835	transit, and other interested parties with a reasonable
1836	opportunity to comment on the long-range transportation plan.
1837	The long-range transportation plan must be approved by the
1838	M.P.O.
1839	(8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
1840	shall, in cooperation with the state and affected public
1841	transportation operators, develop a transportation improvement
1842	program for the area within the jurisdiction of the M.P.O. In
1843	the development of the transportation improvement program, each
1844	M.P.O. must provide the public, affected public agencies,
1845	representatives of transportation agency employees, freight
1846	shippers, providers of freight transportation services, private
1847	providers of transportation, representatives of users of public
1848	transit, and other interested parties with a reasonable
1849	opportunity to comment on the proposed transportation
1850	improvement program.
1851	(a)  Each M.P.O. is responsible for developing, annually, a
1852	list of project priorities and a transportation improvement
1853	program. The prevailing principles to be considered by each
1854	M.P.O. when developing a list of project priorities and a
1855	transportation improvement program are: preserving the existing
1856	transportation infrastructure; enhancing Florida's economic
1857	competitiveness; and improving travel choices to ensure
1858	mobility. The transportation improvement program will be used to
1859	initiate federally aided transportation facilities and
1860	improvements as well as other transportation facilities and
1861	improvements including transit, rail, aviation, spaceport, and
1862	port facilities to be funded from the State Transportation Trust
1863	Fund within its metropolitan area in accordance with existing
1864	and subsequent federal and state laws and rules and regulations
1865	related thereto. The transportation improvement program shall be
1866	consistent, to the maximum extent feasible, with the approved
1867	local government comprehensive plans of the units of local
1868	government whose boundaries are within the metropolitan area of
1869	the M.P.O. and include those projects programmed pursuant to s.
1870	339.2819(4).
1871	(b)  Each M.P.O. annually shall prepare a list of project
1872	priorities and shall submit the list to the appropriate district
1873	of the department by October 1 of each year; however, the
1874	department and a metropolitan planning organization may, in
1875	writing, agree to vary this submittal date. The list of project
1876	priorities must be formally reviewed by the technical and
1877	citizens' advisory committees, and approved by the M.P.O.,
1878	before it is transmitted to the district. The approved list of
1879	project priorities must be used by the district in developing
1880	the district work program and must be used by the M.P.O. in
1881	developing its transportation improvement program. The annual
1882	list of project priorities must be based upon project selection
1883	criteria that, at a minimum, consider the following:
1884	1.  The approved M.P.O. long-range transportation plan;
1885	2.  The Strategic Intermodal System Plan developed under s.
1886	339.64.
1887	3.  The priorities developed pursuant to s. 339.2819(4).
1888	4.  The results of the transportation management systems;
1889	and
1890	5.  The M.P.O.'s public-involvement procedures.
1891	(c)  The transportation improvement program must, at a
1892	minimum:
1893	1.  Include projects and project phases to be funded with
1894	state or federal funds within the time period of the
1895	transportation improvement program and which are recommended for
1896	advancement during the next fiscal year and 4 subsequent fiscal
1897	years. Such projects and project phases must be consistent, to
1898	the maximum extent feasible, with the approved local government
1899	comprehensive plans of the units of local government located
1900	within the jurisdiction of the M.P.O. For informational
1901	purposes, the transportation improvement program shall also
1902	include a list of projects to be funded from local or private
1903	revenues.
1904	2.  Include projects within the metropolitan area which are
1905	proposed for funding under 23 U.S.C. s. 134 of the Federal
1906	Transit Act and which are consistent with the long-range
1907	transportation plan developed under subsection (7) (6).
1908	3.  Provide a financial plan that demonstrates how the
1909	transportation improvement program can be implemented; indicates
1910	the resources, both public and private, that are reasonably
1911	expected to be available to accomplish the program; identifies
1912	any innovative financing techniques that may be used to fund
1913	needed projects and programs; and may include, for illustrative
1914	purposes, additional projects that would be included in the
1915	approved transportation improvement program if reasonable
1916	additional resources beyond those identified in the financial
1917	plan were available. Innovative financing techniques may include
1918	the assessment of tolls, the use of value capture financing, or
1919	the use of value pricing. The transportation improvement program
1920	may include a project or project phase only if full funding can
1921	reasonably be anticipated to be available for the project or
1922	project phase within the time period contemplated for completion
1923	of the project or project phase.
1924	4.  Group projects and project phases of similar urgency
1925	and anticipated staging into appropriate staging periods.
1926	5.  Indicate how the transportation improvement program
1927	relates to the long-range transportation plan developed under
1928	subsection (7) (6), including providing examples of specific
1929	projects or project phases that further the goals and policies
1930	of the long-range transportation plan.
1931	6.  Indicate whether any project or project phase is
1932	inconsistent with an approved comprehensive plan of a unit of
1933	local government located within the jurisdiction of the M.P.O.
1934	If a project is inconsistent with an affected comprehensive
1935	plan, the M.P.O. must provide justification for including the
1936	project in the transportation improvement program.
1937	7.  Indicate how the improvements are consistent, to the
1938	maximum extent feasible, with affected seaport, airport, and
1939	spaceport master plans and with public transit development plans
1940	of the units of local government located within the jurisdiction
1941	of the M.P.O. If a project is located within the boundaries of
1942	more than one M.P.O., the M.P.O.'s must coordinate plans
1943	regarding the project in the transportation improvement program.
1944	(d)  Projects included in the transportation improvement
1945	program and that have advanced to the design stage of
1946	preliminary engineering may be removed from or rescheduled in a
1947	subsequent transportation improvement program only by the joint
1948	action of the M.P.O. and the department. Except when recommended
1949	in writing by the district secretary for good cause, any project
1950	removed from or rescheduled in a subsequent transportation
1951	improvement program shall not be rescheduled by the M.P.O. in
1952	that subsequent program earlier than the 5th year of such
1953	program.
1954	(e)  During the development of the transportation
1955	improvement program, the M.P.O. shall, in cooperation with the
1956	department and any affected public transit operation, provide
1957	citizens, affected public agencies, representatives of
1958	transportation agency employees, freight shippers, providers of
1959	freight transportation services, private providers of
1960	transportation, representatives of users of public transit, and
1961	other interested parties with reasonable notice of and an
1962	opportunity to comment on the proposed program.
1963	(f)  The adopted annual transportation improvement program
1964	for M.P.O.'s in nonattainment or maintenance areas must be
1965	submitted to the district secretary and the Department of
1966	Community Affairs at least 90 days before the submission of the
1967	state transportation improvement program by the department to
1968	the appropriate federal agencies. The annual transportation
1969	improvement program for M.P.O.'s in attainment areas must be
1970	submitted to the district secretary and the Department of
1971	Community Affairs at least 45 days before the department submits
1972	the state transportation improvement program to the appropriate
1973	federal agencies; however, the department, the Department of
1974	Community Affairs, and a metropolitan planning organization may,
1975	in writing, agree to vary this submittal date. The Governor or
1976	the Governor's designee shall review and approve each
1977	transportation improvement program and any amendments thereto.
1978	(g)  The Department of Community Affairs shall review the
1979	annual transportation improvement program of each M.P.O. for
1980	consistency with the approved local government comprehensive
1981	plans of the units of local government whose boundaries are
1982	within the metropolitan area of each M.P.O. and shall identify
1983	those projects that are inconsistent with such comprehensive
1984	plans. The Department of Community Affairs shall notify an
1985	M.P.O. of any transportation projects contained in its
1986	transportation improvement program which are inconsistent with
1987	the approved local government comprehensive plans of the units
1988	of local government whose boundaries are within the metropolitan
1989	area of the M.P.O.
1990	(h)  The M.P.O. shall annually publish or otherwise make
1991	available for public review the annual listing of projects for
1992	which federal funds have been obligated in the preceding year.
1993	Project monitoring systems must be maintained by those agencies
1994	responsible for obligating federal funds and made accessible to
1995	the M.P.O.'s.
1996	(9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
1997	develop, in cooperation with the department and public
1998	transportation providers, a unified planning work program that
1999	lists all planning tasks to be undertaken during the program
2000	year. The unified planning work program must provide a complete
2001	description of each planning task and an estimated budget
2002	therefor and must comply with applicable state and federal law.
2003	(10)(9)  AGREEMENTS.--
2004	(a)  Each M.P.O. shall execute the following written
2005	agreements, which shall be reviewed, and updated as necessary,
2006	every 5 years:
2007	1.  An agreement with the department clearly establishing
2008	the cooperative relationship essential to accomplish the
2009	transportation planning requirements of state and federal law.
2010	2.  An agreement with the metropolitan and regional
2011	intergovernmental coordination and review agencies serving the
2012	metropolitan areas, specifying the means by which activities
2013	will be coordinated and how transportation planning and
2014	programming will be part of the comprehensive planned
2015	development of the area.
2016	3.  An agreement with operators of public transportation
2017	systems, including transit systems, commuter rail systems,
2018	airports, seaports, and spaceports, describing the means by
2019	which activities will be coordinated and specifying how public
2020	transit, commuter rail, aviation, seaport, and aerospace
2021	planning and programming will be part of the comprehensive
2022	planned development of the metropolitan area.
2023	(b)  An M.P.O. may execute other agreements required by
2024	state or federal law or as necessary to properly accomplish its
2025	functions.
2026	(11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
2027	COUNCIL.--
2028	(a)  A Metropolitan Planning Organization Advisory Council
2029	is created to augment, and not supplant, the role of the
2030	individual M.P.O.'s in the cooperative transportation planning
2031	process described in this section.
2032	(b)  The council shall consist of one representative from
2033	each M.P.O. and shall elect a chairperson annually from its
2034	number. Each M.P.O. shall also elect an alternate representative
2035	from each M.P.O. to vote in the absence of the representative.
2036	Members of the council do not receive any compensation for their
2037	services, but may be reimbursed from funds made available to
2038	council members for travel and per diem expenses incurred in the
2039	performance of their council duties as provided in s. 112.061.
2040	(c)  The powers and duties of the Metropolitan Planning
2041	Organization Advisory Council are to:
2042	1.  Enter into contracts with individuals, private
2043	corporations, and public agencies.
2044	2.  Acquire, own, operate, maintain, sell, or lease
2045	personal property essential for the conduct of business.
2046	3.  Accept funds, grants, assistance, gifts, or bequests
2047	from private, local, state, or federal sources.
2048	4.  Establish bylaws and adopt rules pursuant to ss.
2049	120.536(1) and 120.54 to implement provisions of law conferring
2050	powers or duties upon it.
2051	5.  Assist M.P.O.'s in carrying out the urbanized area
2052	transportation planning process by serving as the principal
2053	forum for collective policy discussion pursuant to law.
2054	6.  Serve as a clearinghouse for review and comment by
2055	M.P.O.'s on the Florida Transportation Plan and on other issues
2056	required to comply with federal or state law in carrying out the
2057	urbanized area transportation and systematic planning processes
2058	instituted pursuant to s. 339.155.
2059	7.  Employ an executive director and such other staff as
2060	necessary to perform adequately the functions of the council,
2061	within budgetary limitations. The executive director and staff
2062	are exempt from part II of chapter 110 and serve at the
2063	direction and control of the council. The council is assigned to
2064	the Office of the Secretary of the Department of Transportation
2065	for fiscal and accountability purposes, but it shall otherwise
2066	function independently of the control and direction of the
2067	department.
2068	8.  Adopt an agency strategic plan that provides the
2069	priority directions the agency will take to carry out its
2070	mission within the context of the state comprehensive plan and
2071	any other statutory mandates and directions given to the agency.
2072	(12)(11)  APPLICATION OF FEDERAL LAW.--Upon notification by
2073	an agency of the Federal Government that any provision of this
2074	section conflicts with federal laws or regulations, such federal
2075	laws or regulations will take precedence to the extent of the
2076	conflict until such conflict is resolved. The department or an
2077	M.P.O. may take any necessary action to comply with such federal
2078	laws and regulations or to continue to remain eligible to
2079	receive federal funds.
2080	(13)(12)  VOTING REQUIREMENTS.--Each long-range
2081	transportation plan required pursuant to subsection (7) (6),
2082	each annually updated Transportation Improvement Program
2083	required under subsection (8) (7), and each amendment that
2084	affects projects in the first 3 years of such plans and programs
2085	must be approved by each M.P.O. on a recorded roll call vote, or
2086	hand-counted vote, of a majority of the membership present.
2087	Section 29.  Subsection (2) of section 339.2819, Florida
2088	Statutes, is amended to read:
2089	339.2819  Transportation Regional Incentive Program.--
2090	(2)  The percentage of matching funds provided from the
2091	Transportation Regional Incentive Program shall be 50 percent of
2092	project costs, or up to 50 percent of the nonfederal share of
2093	the eligible project cost for a public transportation facility
2094	project.
2095	Section 30.  Section 339.282, Florida Statutes, is created
2096	to read:
2097	339.282  Transportation concurrency incentives.--The
2098	Legislature finds that allowing private-sector entities to
2099	finance, construct, and improve public transportation facilities
2100	can provide significant benefits to the citizens of this state
2101	by facilitating transportation of the general public without the
2102	need for additional public tax revenues. In order to encourage
2103	the more efficient and proactive provision of transportation
2104	improvements by the private sector, if a developer or property
2105	owner voluntarily contributes right-of-way and physically
2106	constructs or expands a state transportation facility or segment
2107	and such construction or expansion improves traffic flow,
2108	capacity, or safety, the voluntary contribution may be applied
2109	as a credit for that property owner or developer against any
2110	future transportation concurrency requirement pursuant to
2111	chapter 163, provided such contributions and credits are set
2112	forth in a legally binding agreement executed by the property
2113	owner or developer, the local government within whose
2114	jurisdiction the facility is located, and the department. If the
2115	developer or property owner voluntarily contributes right-of-way
2116	and physically constructs or expands a local government facility
2117	or segment and such construction or expansion meets the
2118	requirements in this section and in a legally binding agreement
2119	between the property owner or developer and the applicable local
2120	government, the contribution to the local government collector
2121	and the arterial system may be applied as credit against any
2122	future transportation concurrency requirements within the
2123	jurisdiction pursuant to chapter 163.
2124	Section 31.  Subsection (4) of section 339.55, Florida
2125	Statutes, is amended, and paragraph (c) is added to subsection
2126	(2) and paragraph (j) is added to subsection (7) of that
2127	section, to read:
2128	339.55  State-funded infrastructure bank.--
2129	(2)  The bank may lend capital costs or provide credit
2130	enhancements for:
2131	(c)1.  Emergency loans for damages incurred to public-use
2132	commercial deepwater seaports, public-use airports, and other
2133	public-use transit and intermodal facilities that are within an
2134	area that is part of an official state declaration of emergency
2135	pursuant to chapter 252 and all other applicable laws. Such
2136	loans:
2137	a.  May not exceed 24 months in duration except in extreme
2138	circumstances, for which the Secretary of Transportation may
2139	grant up to 36 months upon making written findings specifying
2140	the conditions requiring a 36-month term.
2141	b.  Require application from the recipient to the
2142	department that includes documentation of damage claims filed
2143	with the Federal Emergency Management Agency or an applicable
2144	insurance carrier and documentation of the recipient's overall
2145	financial condition.
2146	c.  Are subject to approval by the Secretary of
2147	Transportation and the Legislative Budget Commission.
2148	2.  Loans provided under this paragraph must be repaid upon
2149	receipt by the recipient of eligible program funding for damages
2150	in accordance with the claims filed with the Federal Emergency
2151	Management Agency or an applicable insurance carrier, but no
2152	later than the duration of the loan.
2153	(4)  Loans from the bank may bear interest at or below
2154	market interest rates, as determined by the department.
2155	Repayment of any loan from the bank shall commence not later
2156	than 5 years after the project has been completed or, in the
2157	case of a highway project, the facility has opened to traffic,
2158	whichever is later, and shall be repaid in no more than 30
2159	years, except for loans provided under paragraph (2)(c), which
2160	shall be repaid in no more than 36 months.
2161	(7)  The department may consider, but is not limited to,
2162	the following criteria for evaluation of projects for assistance
2163	from the bank:
2164	(j)  The extent to which damage from a disaster that
2165	results in a declaration of emergency has impacted a public
2166	transportation facility's ability to maintain its previous level
2167	of service and remain accessible to the public or has had a
2168	major impact on the cash flow or revenue-generation ability of
2169	the public-use facility.
2170	Section 32.  Paragraph (a) of subsection (2) of section
2171	343.81, Florida Statutes, is amended to read:
2172	343.81  Northwest Florida Transportation Corridor
2173	Authority.--
2174	(2)(a)  The governing body of the authority shall consist
2175	of eight voting members, one each from Escambia, Santa Rosa,
2176	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
2177	appointed by the Governor to a 4-year term. The appointees shall
2178	be residents of their respective counties and may not hold an
2179	elected office. Upon the effective date of his or her
2180	appointment, or as soon thereafter as practicable, each
2181	appointed member of the authority shall enter upon his or her
2182	duties. Each appointed member shall hold office until his or her
2183	successor has been appointed and has qualified. A vacancy
2184	occurring during a term shall be filled only for the balance of
2185	the unexpired term. Any member of the authority shall be
2186	eligible for reappointment. Members of the authority may be
2187	removed from office by the Governor for misconduct, malfeasance,
2188	misfeasance, or nonfeasance in office.
2189	Section 33.  The amendments made by this act to s. 343.81,
2190	Florida Statutes, prohibiting the appointment of a person
2191	holding an elected office to the Northwest Florida
2192	Transportation Corridor Authority shall not prohibit any member
2193	appointed prior to the effective date of this act from
2194	completing his or her current term, and the prohibition shall
2195	only apply to members appointed after the effective date of this
2196	act.
2197	Section 34.  Subsection (2) of section 343.82, Florida
2198	Statutes, is amended to read:
2199	343.82  Purposes and powers.--
2200	(2)(a)  The authority is authorized to construct any feeder
2201	roads, reliever roads, connector roads, bypasses, or appurtenant
2202	facilities that are intended to improve mobility along the U.S.
2203	98 corridor. The transportation improvement projects may also
2204	include all necessary approaches, roads, bridges, and avenues of
2205	access that are desirable and proper with the concurrence, where
2206	applicable, of the department if the project is to be part of
2207	the State Highway System or the respective county or municipal
2208	governing boards. Any transportation facilities constructed by
2209	the authority may be tolled.
2210	(b)  Notwithstanding any special act to the contrary, the
2211	authority shall plan for and study the feasibility of
2212	constructing, operating, and maintaining a bridge or bridges
2213	spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
2214	access roads to such bridge or bridges, including studying the
2215	environmental and economic feasibility of such bridge or
2216	bridges and access roads, and such other transportation
2217	facilities that become part of such bridge system. The authority
2218	may construct, operate, and maintain the bridge system if the
2219	authority determines that the bridge system project is feasible
2220	and consistent with the authority's primary purpose and master
2221	plan.
2222	Section 35.  Subsection (9) of section 348.0004, Florida
2223	Statutes, is amended to read:
2224	348.0004  Purposes and powers.--
2225	(9)  The Legislature declares that there is a public need
2226	for rapid construction of safe and efficient transportation
2227	facilities for travel within the state and that it is in the
2228	public's interest to provide for public-private partnership
2229	agreements to effectuate the construction of additional safe,
2230	convenient, and economical transportation facilities.
2231	(a)  Notwithstanding any other provision of the Florida
2232	Expressway Authority Act, any expressway authority,
2233	transportation authority, bridge authority, or toll authority
2234	established under this part or any other statute may receive or
2235	solicit proposals and enter into agreements with private
2236	entities, or consortia thereof, for the building, operation,
2237	ownership, or financing of expressway authority transportation
2238	facilities or new transportation facilities within the
2239	jurisdiction of the expressway authority. An expressway
2240	authority is authorized to adopt rules to implement this
2241	subsection and shall, by rule, establish an application fee for
2242	the submission of unsolicited proposals under this subsection.
2243	The fee must be sufficient to pay the costs of evaluating the
2244	proposals. An expressway authority may engage private
2245	consultants to assist in the evaluation. Before approval, an
2246	expressway authority must determine that a proposed project:
2247	1.  Is in the public's best interest.
2248	2.  Would not require state funds to be used unless the
2249	project is on or provides increased mobility on the State
2250	Highway System.
2251	3.  Would have adequate safeguards to ensure that no
2252	additional costs or service disruptions would be realized by the
2253	traveling public and residents citizens of the state in the
2254	event of default or the cancellation of the agreement by the
2255	expressway authority.
2256	(b)  An expressway authority shall ensure that all
2257	reasonable costs to the state which are, related to
2258	transportation facilities that are not part of the State Highway
2259	System, are borne by the private entity. An expressway authority
2260	shall also ensure that all reasonable costs to the state and
2261	substantially affected local governments and utilities related
2262	to the private transportation facility are borne by the private
2263	entity for transportation facilities that are owned by private
2264	entities. For projects on the State Highway System, the
2265	department may use state resources to participate in funding and
2266	financing the project as provided for under the department's
2267	enabling legislation.
2268	(c)  The expressway authority may request proposals for
2269	public-private transportation projects or, if it receives an
2270	unsolicited proposal, it must publish a notice in the Florida
2271	Administrative Weekly and a newspaper of general circulation in
2272	the county in which it is located at least once a week for 2
2273	weeks, stating that it has received the proposal and will
2274	accept, for 60 days after the initial date of publication, other
2275	proposals for the same project purpose. A copy of the notice
2276	must be mailed to each local government in the affected areas.
2277	After the public notification period has expired, the expressway
2278	authority shall rank the proposals in order of preference. In
2279	ranking the proposals, the expressway authority shall consider
2280	professional qualifications, general business terms, innovative
2281	engineering or cost-reduction terms, finance plans, and the need
2282	for state funds to deliver the proposal. If the expressway
2283	authority is not satisfied with the results of the negotiations,
2284	it may, at its sole discretion, terminate negotiations with the
2285	proposer. If these negotiations are unsuccessful, the expressway
2286	authority may go to the second and lower-ranked firms, in order,
2287	using the same procedure. If only one proposal is received, the
2288	expressway authority may negotiate in good faith, and if it is
2289	not satisfied with the results, it may, at its sole discretion,
2290	terminate negotiations with the proposer. Notwithstanding this
2291	paragraph, the expressway authority may, at its discretion,
2292	reject all proposals at any point in the process up to
2293	completion of a contract with the proposer.
2294	(d)  The department may lend funds from the Toll Facilities
2295	Revolving Trust Fund, as outlined in s. 338.251, to public-
2296	private partnerships. To be eligible, a private entity must
2297	comply with s. 338.251 and must provide an indication from a
2298	nationally recognized rating agency that the senior bonds for
2299	the project will be investment grade or must provide credit
2300	support, such as a letter of credit or other means acceptable to
2301	the department, to ensure that the loans will be fully repaid.
2302	(e)  Agreements entered into pursuant to this subsection
2303	may authorize the public-private entity to impose tolls or fares
2304	for the use of the facility. However, the amount and use of toll
2305	or fare revenues shall be regulated by the expressway authority
2306	to avoid unreasonable costs to users of the facility.
2307	(f)  Agreements entered into pursuant to this section may
2308	lease existing toll facilities through public-private
2309	partnerships. If the agreement for leasing an existing toll
2310	facility does not include provisions for additional capacity,
2311	the project and the provisions of the agreement must be approved
2312	by the Florida Transportation Commission.
2313	(g)(f)  Each public-private transportation facility
2314	constructed pursuant to this subsection shall comply with all
2315	requirements of federal, state, and local laws; state, regional,
2316	and local comprehensive plans; the expressway authority's rules,
2317	policies, procedures, and standards for transportation
2318	facilities; and any other conditions that the expressway
2319	authority determines to be in the public's best interest.
2320	(h)(g)  An expressway authority may exercise any power
2321	possessed by it, including eminent domain, to facilitate the
2322	development and construction of transportation projects pursuant
2323	to this subsection. An expressway authority may pay all or part
2324	of the cost of operating and maintaining the facility or may
2325	provide services to the private entity for which it receives
2326	full or partial reimbursement for services rendered.
2327	(i)(h)  Except as herein provided, this subsection is not
2328	intended to amend existing laws by granting additional powers to
2329	or further restricting the governmental entities from regulating
2330	and entering into cooperative arrangements with the private
2331	sector for the planning, construction, and operation of
2332	transportation facilities. Use of the powers granted in this
2333	subsection may not subject a statutorily created expressway
2334	authority, transportation authority, bridge authority, or toll
2335	authority, other than one statutorily created under this part,
2336	to any of the requirements of this part other than those
2337	contained in this subsection.
2338	Section 36.  Section 348.0012, Florida Statutes, is amended
2339	to read:
2340	348.0012  Exemptions from applicability.--The Florida
2341	Expressway Authority Act does not apply:
2342	(1)  In a county in which an expressway authority has been
2343	created pursuant to parts II-IX of this chapter, except as
2344	expressly provided in this part; or
2345	(2)  To a transportation authority created pursuant to
2346	chapter 349.
2347	Section 37.  Paragraph (l) of subsection (2) of section
2348	348.243, Florida Statutes, is amended to read:
2349	348.243  Purposes and powers.--
2350	(2)  The authority is granted, and shall have and may
2351	exercise, all powers necessary, appurtenant, convenient, or
2352	incidental to the carrying out of the aforesaid purposes,
2353	including, but not limited to, the following rights and powers:
2354	(l)  To enter into an agreement to sell, transfer, and
2355	dispose of all property of the Sawgrass Expressway, whether
2356	real, personal, or mixed, tangible or intangible, to the
2357	Department of Transportation as part of the Turnpike System in
2358	accordance with s. 338.2275(3)(4).
2359	Section 38.  Subsection (6) is added to section 348.754,
2360	Florida Statutes, to read:
2361	348.754  Purposes and powers.--
2362	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
2363	County Expressway Authority may waive payment and performance
2364	bonds on construction contracts for the construction of a public
2365	building, for the prosecution and completion of a public work,
2366	or for repairs on a public building or public work that has a
2367	cost of $500,000 or less and when the project is awarded
2368	pursuant to an economic development program for the
2369	encouragement of local small businesses that has been adopted by
2370	the governing body of the Orlando-Orange County Expressway
2371	Authority pursuant to a resolution or policy.
2372	(b)  The authority's adopted criteria for participation in
2373	the economic development program for local small businesses
2374	requires that a participant:
2375	1.  Be an independent business.
2376	2.  Be principally domiciled in the Orange County Standard
2377	Metropolitan Statistical Area.
2378	3.  Employ 25 or fewer full-time employees.
2379	4.  Have gross annual sales averaging $3 million or less
2380	over the immediately preceding 3 calendar years with regard to
2381	any construction element of the program.
2382	5.  Be accepted as a participant in the Orlando-Orange
2383	County Expressway Authority's microcontracts program or such
2384	other small business program as may be hereinafter enacted by
2385	the Orlando-Orange County Expressway Authority.
2386	6.  Participate in an educational curriculum or technical
2387	assistance program for business development that will assist the
2388	small business in becoming eligible for bonding.
2389	(c)  The authority's adopted procedures for waiving payment
2390	and performance bonds on projects with values not less than
2391	$200,000 and not exceeding $500,000 shall provide that payment
2392	and performance bonds may only be waived on projects that have
2393	been set aside to be competitively bid on by participants in an
2394	economic development program for local small businesses. The
2395	authority's executive director or his or her designee shall
2396	determine whether specific construction projects are suitable
2397	for:
2398	1.  Bidding under the authority's microcontracts program by
2399	registered local small businesses; and
2400	2.  Waiver of the payment and performance bond.
2401
2402	The decision of the authority's executive director or deputy
2403	executive director to waive the payment and performance bond
2404	shall be based upon his or her investigation and conclusion that
2405	there exists sufficient competition so that the authority
2406	receives a fair price and does not undertake any unusual risk
2407	with respect to such project.
2408	(d)  For any contract for which a payment and performance
2409	bond has been waived pursuant to the authority set forth in this
2410	section, the Orlando-Orange County Expressway Authority shall
2411	pay all persons defined in s. 713.01 who furnish labor,
2412	services, or materials for the prosecution of the work provided
2413	for in the contract to the same extent and upon the same
2414	conditions that a surety on the payment bond under s. 255.05
2415	would have been obligated to pay such persons if the payment and
2416	performance bond had not been waived. The authority shall record
2417	notice of this obligation in the manner and location that surety
2418	bonds are recorded. The notice shall include the information
2419	describing the contract that s. 255.05(1) requires be stated on
2420	the front page of the bond. Notwithstanding that s. 255.05(9)
2421	generally applies when a performance and payment bond is
2422	required, s. 255.05(9) shall apply under this subsection to any
2423	contract on which performance or payment bonds are waived and
2424	any claim to payment under this subsection shall be treated as a
2425	contract claim pursuant to s. 255.05(9).
2426	(e)  A small business that has been the successful bidder
2427	on six projects for which the payment and performance bond was
2428	waived by the authority pursuant to paragraph (a) shall be
2429	ineligible to bid on additional projects for which the payment
2430	and performance bond is to be waived. The local small business
2431	may continue to participate in other elements of the economic
2432	development program for local small businesses as long as it is
2433	eligible.
2434	(f)  The authority shall conduct bond eligibility training
2435	for businesses qualifying for bond waiver under this subsection
2436	to encourage and promote bond eligibility for such businesses.
2437	(g)  The authority shall prepare a biennial report on the
2438	activities undertaken pursuant to this subsection to be
2439	submitted to the Orange County legislative delegation. The
2440	initial report shall be due December 31, 2010.
2441	Section 39.  Paragraph (a) of subsection (3) of section
2442	163.3177, Florida Statutes, is amended to read:
2443	163.3177  Required and optional elements of comprehensive
2444	plan; studies and surveys.--
2445	(3)(a)  The comprehensive plan shall contain a capital
2446	improvements element designed to consider the need for and the
2447	location of public facilities in order to encourage the
2448	efficient utilization of such facilities and set forth:
2449	1.  A component which outlines principles for construction,
2450	extension, or increase in capacity of public facilities, as well
2451	as a component which outlines principles for correcting existing
2452	public facility deficiencies, which are necessary to implement
2453	the comprehensive plan. The components shall cover at least a 5-
2454	year period.
2455	2.  Estimated public facility costs, including a
2456	delineation of when facilities will be needed, the general
2457	location of the facilities, and projected revenue sources to
2458	fund the facilities.
2459	3.  Standards to ensure the availability of public
2460	facilities and the adequacy of those facilities including
2461	acceptable levels of service.
2462	4.  Standards for the management of debt.
2463	5.  A schedule of capital improvements which includes
2464	publicly funded projects, and which may include privately funded
2465	projects for which the local government has no fiscal
2466	responsibility, necessary to ensure that adopted level-of-
2467	service standards are achieved and maintained. For capital
2468	improvements that will be funded by the developer, financial
2469	feasibility shall be demonstrated by being guaranteed in an
2470	enforceable development agreement or interlocal agreement
2471	pursuant to paragraph (10)(h), or other enforceable agreement.
2472	These development agreements and interlocal agreements shall be
2473	reflected in the schedule of capital improvements if the capital
2474	improvement is necessary to serve development within the 5-year
2475	schedule. If the local government uses planned revenue sources
2476	that require referenda or other actions to secure the revenue
2477	source, the plan must, in the event the referenda are not passed
2478	or actions do not secure the planned revenue source, identify
2479	other existing revenue sources that will be used to fund the
2480	capital projects or otherwise amend the plan to ensure financial
2481	feasibility.
2482	6.  The schedule must include transportation improvements
2483	included in the applicable metropolitan planning organization's
2484	transportation improvement program adopted pursuant to s.
2485	339.175(8)(7) to the extent that such improvements are relied
2486	upon to ensure concurrency and financial feasibility. The
2487	schedule must also be coordinated with the applicable
2488	metropolitan planning organization's long-range transportation
2489	plan adopted pursuant to s. 339.175(7)(6).
2490	Section 40.  Section 339.176, Florida Statutes, is amended
2491	to read:
2492	339.176  Voting membership for M.P.O. with boundaries
2493	including certain counties.--In addition to the voting
2494	membership established by s. 339.175(3)(2) and notwithstanding
2495	any other provision of law to the contrary, the voting
2496	membership of any Metropolitan Planning Organization whose
2497	geographical boundaries include any county as defined in s.
2498	125.011(1) must include an additional voting member appointed by
2499	that city's governing body for each city with a population of
2500	50,000 or more residents.
2501	Section 41.  Subsection (1) of section 341.828, Florida
2502	Statutes, is amended to read:
2503	341.828  Permitting.--
2504	(1)  The authority, for the purposes of permitting, may
2505	utilize one or more permitting processes provided for in
2506	statute, including, but not limited to, the metropolitan
2507	planning organization long-range transportation planning process
2508	as defined in s. 339.175(6) and (7) and (8), in conjunction with
2509	the Department of Transportation's work program process as
2510	defined in s. 339.135, or any permitting process now in effect
2511	or that may be in effect at the time of permitting and will
2512	provide the most timely and cost-effective permitting process.
2513	Section 42.  Section 2 of chapter 89-383, Laws of Florida,
2514	is amended to read:
2515	Section 2.  Red Road is hereby designated as a state
2516	historic highway. No public funds shall be expended for:
2517	(1)  The removal of any healthy tree which is not a safety
2518	hazard.
2519	(2)  Any alteration of the physical dimensions or location
2520	of Red Road, the median strip thereof, the land adjacent
2521	thereto, or any part of the original composition of the
2522	entranceway, including the towers, the walls, and the lampposts.
2523	(3)  Any construction on or along Red Road of any new
2524	structure, or any building, clearing, filling, or excavating on
2525	or along Red Road except for routine maintenance or alterations,
2526	modifications, or improvements to it and the adjacent right-of-
2527	way made for the purpose of enhancing life safety for vehicular
2528	or pedestrian use of Red Road if the number of traffic lanes is
2529	not altered work which is essential to the health, safety, or
2530	welfare of the environment.
2531	Section 43.  This act shall take effect July 1, 2007.

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