CS/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; amending s. 112.061, F.S.;
7	authorizing metropolitan planning organizations and
8	certain separate entities to establish per diem and travel
9	reimbursement rates; amending s. 121.021, F.S.; defining
10	the term "metropolitan planning organization" for purposes
11	of the Florida Retirement System Act; revising definitions
12	to include M.P.O.'s and positions in M.P.O.'s; amending s.
13	121.051, F.S.; providing for M.P.O.'s to participate in
14	the Florida Retirement System; amending s. 121.055, F.S.;
15	requiring certain M.P.O. staff positions to be in the
16	Senior Management Service Class; amending s. 121.061,
17	F.S.; providing for enforcement of certain employer
18	funding contributions required under the Florida
19	Retirement System; authorizing deductions of amounts owed
20	from certain funds distributed to an M.P.O.; authorizing
21	the governing body of an M.P.O. to file and maintain an
22	action in court to require an employer to remit retirement
23	or social security member contributions or employer
24	matching payments; amending s. 121.081, F.S.; providing
25	for M.P.O. officers and staff to claim credit for past
26	service for retirement benefits; amending s. 212.055,
27	F.S.; deleting a prohibition against local governments
28	issuing certain bonds secured by revenues from local
29	infrastructure taxes more than once a year; amending s.
30	215.615, F.S.; revising the Department of Transportation's
31	requirement to share certain costs of fixed-guideway
32	system projects; revising criteria for an interlocal
33	agreement to establish bond financing for fixed-guideway
34	system projects; revising provisions for sources of funds
35	for the payment of bonds; amending s. 255.20, F.S.;
36	revising the cost amounts of certain local public works
37	projects at which certain requirements shall apply;
38	amending s. 316.2123, F.S.; authorizing a county to
39	designate certain unpaved roadways where an ATV may be
40	operated; providing conditions for such operation;
41	amending s. 316.605, F.S.; providing height and placement
42	requirements for vehicle license plates; prohibiting
43	display that obscures identification of the letters and
44	numbers on a license plate; providing penalties; amending
45	s. 316.650, F.S.; revising procedures for disposition of
46	citations issued for failure to pay toll; providing that
47	the citation will not be submitted to the court and no
48	points will be assessed on the driver's license if the
49	person cited elects to make payment directly to the
50	governmental entity that issued the citation; providing
51	for reporting of the citation by the governmental entity
52	to the Department of Highway Safety and Motor Vehicles;
53	amending s. 318.14, F.S.; providing for the amount
54	required to be paid under certain procedures for
55	disposition of a citation issued for failure to pay toll;
56	providing for the person cited to request a court hearing;
57	amending s. 318.18, F.S.; revising penalties for failure
58	to pay a prescribed toll; providing for disposition of
59	amounts received by the clerk of court; removing
60	procedures for withholding of adjudication; providing for
61	suspension of a driver's license under certain
62	circumstances; revising penalty provisions to provide for
63	certain criminal penalties; imposing a surcharge to be
64	paid for specified traffic-related criminal offenses and
65	all moving traffic violations; providing for distribution
66	of the proceeds of the surcharge to be used for the state
67	agency law enforcement radio system; providing for future
68	expiration; amending s. 318.21, F.S.; revising
69	distribution provisions to provide for distribution of the
70	surcharge; providing for future expiration; amending s.
71	320.061, F.S.; prohibiting interfering with the
72	legibility, angular visibility, or detectability of any
73	feature or detail on a license plate or interfering with
74	the ability to photograph or otherwise record any feature
75	or detail on a license plate; providing penalties;
76	amending s. 332.007, F.S.; authorizing the Department of
77	Transportation to provide funds for certain general
78	aviation projects under certain circumstances; extending
79	the timeframe that the department is authorized to provide
80	operational and maintenance assistance to certain airports
81	and may redirect the use of certain funds to security-
82	related or economic-impact projects related to the events
83	of September 11, 2001; amending s. 332.14, F.S.; providing
84	that certain members of the Secure Airports for Florida's
85	Economy Council shall be nonvoting members; amending s.
86	336.025, F.S.; deleting a prohibition against local
87	governments issuing certain bonds secured by revenues from
88	local option fuel taxes more than once a year; amending s.
89	336.41, F.S.; revising an exception to competitive-bid
90	requirements for certain county road construction and
91	reconstruction projects; increasing the value threshold
92	under which the exception applies; defining the term
93	"construction aggregate materials"; providing legislative
94	intent; prohibiting a local government from approving or
95	denying a land use zoning change, comprehensive plan
96	amendment, land use permit, ordinance, or order regarding
97	construction aggregate materials without considering
98	information provided by the Department of Transportation
99	and considering the effect of such decision; prohibiting
100	an agency from imposing a moratorium on the mining and
101	extraction of construction aggregate materials of longer
102	than a specified period; providing that limerock
103	environmental resource permitting and reclamation
104	applications are eligible to be expedited; establishing
105	the Strategic Aggregates Review Task Force; providing for
106	membership, staffing, reporting, and expiration; providing
107	for support and the coordination of data and information
108	for the task force; requiring that the task force report
109	its findings to the Governor and the Legislature;
110	providing report requirements; providing for the
111	dissolution of the task force; creating s. 337.026, F.S.;
112	authorizing the Department of Transportation to pursue
113	innovative contractual or engineering techniques relating
114	to construction aggregate materials; authorizing the
115	department to enter into agreements for construction
116	aggregate materials; providing exceptions; providing
117	requirements for such exceptions; amending s. 337.11,
118	F.S.; providing that certain construction projects be
119	advertised for bids in local newspapers; amending s.
120	337.14, F.S.; authorizing the department to waive
121	specified prequalification requirements for certain
122	transportation projects under certain conditions; amending
123	s. 337.18, F.S.; revising surety bond requirements for
124	construction or maintenance contracts; providing for
125	incremental annual surety bonds for multiyear maintenance
126	contracts under certain conditions; revising the threshold
127	for transportation projects eligible for a waiver of
128	surety bond requirements; authorizing the department to
129	provide for phased surety bond coverage or an alternate
130	means of security for a portion of the contract amount in
131	lieu of the surety bond; amending s. 338.155, F.S.;
132	providing for a law enforcement officer operating an
133	unmarked official vehicle to be exempt from toll payments
134	under certain conditions; amending s. 338.161, F.S.;
135	providing for the Department of Transportation and certain
136	toll agencies to enter into agreements with public or
137	private entities for additional uses of electronic toll
138	collection products and services; authorizing feasibility
139	studies by the department or a toll agency of additional
140	uses of electronic toll devices for legislative
141	consideration; amending s. 338.2275, F.S.; raising the
142	limit on outstanding bonds to fund turnpike projects;
143	removing a provision authorizing the department to acquire
144	the Sawgrass Expressway from the Broward County Expressway
145	Authority; amending s. 338.231, F.S.; authorizing the
146	department to set certain fees for the collection of
147	unpaid tolls; requiring public notice and public hearing
148	of the proposed fees; removing a reference to conform;
149	amending s. 339.175, F.S.; revising intent; providing the
150	method of creation and operation of M.P.O.'s required to
151	be designated pursuant to federal law; specifying that an
152	M.P.O. is separate from the state or the governing body of
153	a local government that is represented on the governing
154	board of the M.P.O. or that is a signatory to the
155	interlocal agreement creating the M.P.O.; providing
156	specified powers and privileges to the M.P.O.; providing
157	for the designation and duties of certain officials;
158	revising requirements for voting membership; defining the
159	term "elected officials of a general-purpose local
160	government" to exclude certain constitutional officers for
161	voting membership purposes; providing for the appointment
162	of alternates and advisers; providing that members of an
163	M.P.O. technical advisory committee shall serve at the
164	pleasure of the M.P.O.; providing for the appointment of
165	an executive or staff director and other personnel;
166	authorizing an M.P.O. to enter into contracts with public
167	or private entities to accomplish its duties and
168	functions; providing for the training of certain persons
169	who serve on an M.P.O. for certain purposes; requiring
170	that certain plans, programs, and amendments that affect
171	projects be approved by each M.P.O. on a recorded roll
172	call vote, or hand-counted vote, of a majority of the
173	membership present; amending s. 339.2819, F.S.; revising
174	the share of matching funds for a public transportation
175	project provided from the Transportation Regional
176	Incentive Program; creating s. 339.282, F.S.; providing
177	for certain transportation-related contributions by a
178	property owner or developer to be applied toward future
179	transportation concurrency requirements; amending s.
180	339.55, F.S.; providing for the use of State
181	Infrastructure Bank loans for certain damaged
182	transportation facilities in areas officially declared to
183	be in a state of emergency; providing criteria; amending
184	s. 341.071, F.S.; requiring an annual report by certain
185	public transit providers to be submitted by a certain date
186	and to address certain potential productivity and
187	performance enhancements; amending s. 343.81, F.S.;
188	prohibiting elected officials from serving on the
189	Northwest Florida Transportation Corridor Authority;
190	providing for application of the prohibition to apply to
191	persons appointed to serve on the authority after a
192	certain date; amending s. 343.82, F.S.; directing the
193	authority to plan for and study the feasibility of
194	constructing, operating, and maintaining a bridge or
195	bridges, and appurtenant structures, spanning
196	Choctawhatchee Bay or Santa Rosa Sound; authorizing the
197	authority to construct, operate, and maintain said bridges
198	and structures; amending s. 348.0004, F.S.; authorizing
199	certain transportation-related authorities to enter into
200	agreements with private entities for the building,
201	operation, ownership, or financing of transportation
202	facilities; amending s. 348.0012, F.S.; revising
203	provisions for certain exemptions from the Florida
204	Expressway Authority Act; amending s. 348.243, F.S.;
205	correcting a cross-reference; amending s. 348.754, F.S.;
206	authorizing the Orlando-Orange County Expressway Authority
207	to waive payment and performance bonds on certain
208	construction contracts if the contract is awarded pursuant
209	to an economic development program for the encouragement
210	of local small businesses; providing criteria for
211	participation in the program; providing criteria for the
212	bond waiver; providing for certain determinations by the
213	authority's executive director or a designee as to the
214	suitability of a project; providing for certain payment
215	obligations if a payment and performance bond is waived;
216	requiring the authority to record notice of the
217	obligation; limiting eligibility to bid on the projects;
218	providing for the authority to conduct bond eligibility
219	training for certain businesses; requiring the authority
220	to submit biennial reports to the Orange County
221	legislative delegation; amending ss. 163.3177, 339.176,
222	and 341.828, F.S.; correcting cross-references; amending
223	s. 334.30, F.S.; revising legislative intent; authorizing
224	the Department of Transportation to advance certain
225	projects in the Strategic Intermodal System Plan using
226	funds provided by public-private partnerships or private
227	entities; authorizing the department to lease toll
228	facilities to private entities; providing criteria for
229	such leasing agreements; providing that procurements of
230	public-private partnerships are not subject to specified
231	provisions unless they are part of the procurement
232	agreement or the public-private agreement; extending the
233	unsolicited private proposal advertisement period;
234	providing criteria for qualification of public-private
235	partnerships as part of the procurement process; requiring
236	the department to perform cost-benefit, value-for-money
237	analyses of the proposed public-private partnership;
238	providing for certain innovative financing techniques for
239	public-private partnerships; authorizing the department to
240	enter into public-private partnership agreements that
241	include extended terms under certain conditions; requiring
242	certain projects to be prioritized for selection;
243	providing public-private partnership agreement term
244	limits; limiting the amount of certain funds that may be
245	obligated for public-private projects; providing for the
246	disposition of certain toll revenues; removing a provision
247	for the speed of a certain fixed-guideway transportation
248	system; amending s. 338.165, F.S.; providing for toll rate
249	increases that are tied to certain inflation indicators;
250	providing for increases beyond inflation amounts;
251	repealing part I of chapter 348, F.S.; abolishing
252	expressway authorities created under the Florida
253	Expressway Authority Act; providing for disposition of
254	assets and assumption of liabilities; providing for
255	distribution of funds; amending s. 479.01, F.S.; defining
256	the term "wall mural"; creating s. 479.156, F.S.;
257	providing for regulation of wall murals by municipalities
258	or counties; requiring that certain wall murals be located
259	in areas zoned for industrial or commercial use; requiring
260	local regulation of wall murals to be consistent with
261	specified criteria; requiring certain wall murals to be
262	approved the Department of Transportation and the Federal
263	Highway Administration; amending s. 2 of ch. 89-383, Laws
264	of Florida; providing for certain alterations to and along
265	Red Road in Miami-Dade County for transportation safety
266	purposes; providing an effective date.
267
268	Be It Enacted by the Legislature of the State of Florida:
269
270	Section 1.  Paragraph (h) of subsection (2) of section
271	20.23, Florida Statutes, is amended to read:
272	20.23  Department of Transportation.--There is created a
273	Department of Transportation which shall be a decentralized
274	agency.
275	(2)
276	(h)  The commission shall appoint an executive director and
277	assistant executive director, who shall serve under the
278	direction, supervision, and control of the commission. The
279	executive director, with the consent of the commission, shall
280	employ such staff as are necessary to perform adequately the
281	functions of the commission, within budgetary limitations. All
282	employees of the commission are exempt from part II of chapter
283	110 and shall serve at the pleasure of the commission. The
284	salaries and benefits of all employees of the commission, except
285	for the executive director, shall be set in accordance with the
286	Selected Exempt Service; provided, however, that the salary and
287	benefits of the executive director shall be set in accordance
288	with the Senior Management Service. The commission shall have
289	complete authority for fixing the salary of the executive
290	director and assistant executive director.
291	Section 2.  Subsection (14) of section 112.061, Florida
292	Statutes, is amended to read:
293	112.061  Per diem and travel expenses of public officers,
294	employees, and authorized persons.--
295	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
296	SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
297	ORGANIZATIONS.--
298	(a)  The following entities may establish rates that vary
299	from the per diem rate provided in paragraph (6)(a), the
300	subsistence rates provided in paragraph (6)(b), or the mileage
301	rate provided in paragraph (7)(d) if those rates are not less
302	than the statutorily established rates that are in effect for
303	the 2005-2006 fiscal year:
304	1.  The governing body of a county by the enactment of an
305	ordinance or resolution;
306	2.  A county constitutional officer, pursuant to s. 1(d),
307	Art. VIII of the State Constitution, by the establishment of
308	written policy;
309	3.  The governing body of a district school board by the
310	adoption of rules; or
311	4.  The governing body of a special district, as defined in
312	s. 189.403(1), except those special districts that are subject
313	to s. 166.021(10), by the enactment of a resolution; or
314	5.  Any metropolitan planning organization created pursuant
315	to s. 339.175 or any other separate legal or administrative
316	entity created pursuant to s. 339.175 of which a metropolitan
317	planning organization is a member, by the enactment of a
318	resolution.
319	(b)  Rates established pursuant to paragraph (a) must apply
320	uniformly to all travel by the county, county constitutional
321	officer and entity governed by that officer, district school
322	board, or special district, or metropolitan planning
323	organization.
324	(c)  Except as otherwise provided in this subsection,
325	counties, county constitutional officers and entities governed
326	by those officers, district school boards, and special
327	districts, and metropolitan planning organizations, other than
328	those subject to s. 166.021(10), remain subject to the
329	requirements of this section.
330	Section 3.  Subsection (11), paragraph (a) of subsection
331	(42), and paragraph (b) of subsection (52) of section 121.021,
332	Florida Statutes, are amended, and subsection (62) is added to
333	that section, to read:
334	121.021  Definitions.--The following words and phrases as
335	used in this chapter have the respective meanings set forth
336	unless a different meaning is plainly required by the context:
337	(11)  "Officer or employee" means any person receiving
338	salary payments for work performed in a regularly established
339	position and, if employed by a city, a metropolitan planning
340	organization, or a special district, employed in a covered
341	group.
342	(42)(a)  "Local agency employer" means the board of county
343	commissioners or other legislative governing body of a county,
344	however styled, including that of a consolidated or metropolitan
345	government; a clerk of the circuit court, sheriff, property
346	appraiser, tax collector, or supervisor of elections, provided
347	such officer is elected or has been appointed to fill a vacancy
348	in an elective office; a community college board of trustees or
349	district school board; or the governing body of any city,
350	metropolitan planning organization created pursuant to s.
351	339.175 or any other separate legal or administrative entity
352	created pursuant to s. 339.175, or special district of the state
353	which participates in the system for the benefit of certain of
354	its employees.
355	(52)  "Regularly established position" is defined as
356	follows:
357	(b)  In a local agency (district school board, county
358	agency, community college, city, metropolitan planning
359	organization, or special district), the term means a regularly
360	established position which will be in existence for a period
361	beyond 6 consecutive months, except as provided by rule.
362	(62)  "Metropolitan planning organization" means an entity
363	created by an interlocal agreement pursuant to s. 339.175 or any
364	other entity created pursuant to s. 339.175.
365	Section 4.  Paragraph (b) of subsection (2) of section
366	121.051, Florida Statutes, is amended to read:
367	121.051  Participation in the system.--
368	(2)  OPTIONAL PARTICIPATION.--
369	(b)1.  The governing body of any municipality, metropolitan
370	planning organization, or special district in the state may
371	elect to participate in the system upon proper application to
372	the administrator and may cover all or any of its units as
373	approved by the Secretary of Health and Human Services and the
374	administrator. The department shall adopt rules establishing
375	provisions for the submission of documents necessary for such
376	application. Prior to being approved for participation in the
377	Florida Retirement System, the governing body of any such
378	municipality, metropolitan planning organization, or special
379	district that has a local retirement system shall submit to the
380	administrator a certified financial statement showing the
381	condition of the local retirement system as of a date within 3
382	months prior to the proposed effective date of membership in the
383	Florida Retirement System. The statement must be certified by a
384	recognized accounting firm that is independent of the local
385	retirement system. All required documents necessary for
386	extending Florida Retirement System coverage must be received by
387	the department for consideration at least 15 days prior to the
388	proposed effective date of coverage. If the municipality,
389	metropolitan planning organization, or special district does not
390	comply with this requirement, the department may require that
391	the effective date of coverage be changed.
392	2.  Any city, metropolitan planning organization, or
393	special district that has an existing retirement system covering
394	the employees in the units that are to be brought under the
395	Florida Retirement System may participate only after holding a
396	referendum in which all employees in the affected units have the
397	right to participate. Only those employees electing coverage
398	under the Florida Retirement System by affirmative vote in said
399	referendum shall be eligible for coverage under this chapter,
400	and those not participating or electing not to be covered by the
401	Florida Retirement System shall remain in their present systems
402	and shall not be eligible for coverage under this chapter. After
403	the referendum is held, all future employees shall be compulsory
404	members of the Florida Retirement System.
405	3.  The governing body of any city, metropolitan planning
406	organization, or special district complying with subparagraph 1.
407	may elect to provide, or not provide, benefits based on past
408	service of officers and employees as described in s. 121.081(1).
409	However, if such employer elects to provide past service
410	benefits, such benefits must be provided for all officers and
411	employees of its covered group.
412	4.  Once this election is made and approved it may not be
413	revoked, except pursuant to subparagraphs 5. and 6., and all
414	present officers and employees electing coverage under this
415	chapter and all future officers and employees shall be
416	compulsory members of the Florida Retirement System.
417	5.  Subject to the conditions set forth in subparagraph 6.,
418	the governing body of any hospital licensed under chapter 395
419	which is governed by the board of a special district as defined
420	in s. 189.403(1) or by the board of trustees of a public health
421	trust created under s. 154.07, hereinafter referred to as
422	"hospital district," and which participates in the system, may
423	elect to cease participation in the system with regard to future
424	employees in accordance with the following procedure:
425	a.  No more than 30 days and at least 7 days before
426	adopting a resolution to partially withdraw from the Florida
427	Retirement System and establish an alternative retirement plan
428	for future employees, a public hearing must be held on the
429	proposed withdrawal and proposed alternative plan.
430	b.  From 7 to 15 days before such hearing, notice of intent
431	to withdraw, specifying the time and place of the hearing, must
432	be provided in writing to employees of the hospital district
433	proposing partial withdrawal and must be published in a
434	newspaper of general circulation in the area affected, as
435	provided by ss. 50.011-50.031. Proof of publication of such
436	notice shall be submitted to the Department of Management
437	Services.
438	c.  The governing body of any hospital district seeking to
439	partially withdraw from the system must, before such hearing,
440	have an actuarial report prepared and certified by an enrolled
441	actuary, as defined in s. 112.625(3), illustrating the cost to
442	the hospital district of providing, through the retirement plan
443	that the hospital district is to adopt, benefits for new
444	employees comparable to those provided under the Florida
445	Retirement System.
446	d.  Upon meeting all applicable requirements of this
447	subparagraph, and subject to the conditions set forth in
448	subparagraph 6., partial withdrawal from the system and adoption
449	of the alternative retirement plan may be accomplished by
450	resolution duly adopted by the hospital district board. The
451	hospital district board must provide written notice of such
452	withdrawal to the division by mailing a copy of the resolution
453	to the division, postmarked no later than December 15, 1995. The
454	withdrawal shall take effect January 1, 1996.
455	6.  Following the adoption of a resolution under sub-
456	subparagraph 5.d., all employees of the withdrawing hospital
457	district who were participants in the Florida Retirement System
458	prior to January 1, 1996, shall remain as participants in the
459	system for as long as they are employees of the hospital
460	district, and all rights, duties, and obligations between the
461	hospital district, the system, and the employees shall remain in
462	full force and effect. Any employee who is hired or appointed on
463	or after January 1, 1996, may not participate in the Florida
464	Retirement System, and the withdrawing hospital district shall
465	have no obligation to the system with respect to such employees.
466	Section 5.  Paragraph (l) is added to subsection (1) of
467	section 121.055, Florida Statutes, to read:
468	121.055  Senior Management Service Class.--There is hereby
469	established a separate class of membership within the Florida
470	Retirement System to be known as the "Senior Management Service
471	Class," which shall become effective February 1, 1987.
472	(1)
473	(l)  For each metropolitan planning organization that has
474	opted to become part of the Florida Retirement System,
475	participation in the Senior Management Service Class shall be
476	compulsory for the executive director or staff director of that
477	metropolitan planning organization.
478	Section 6.  Paragraphs (a) and (c) of subsection (2) of
479	section 121.061, Florida Statutes, are amended to read:
480	121.061  Funding.--
481	(2)(a)  Should any employer other than a state employer
482	fail to make the retirement and social security contributions,
483	both member and employer contributions, required by this
484	chapter, then, upon request by the administrator, the Department
485	of Revenue or the Department of Financial Services, as the case
486	may be, shall deduct the amount owed by the employer from any
487	funds to be distributed by it to the county, city, metropolitan
488	planning organization, special district, or consolidated form of
489	government. The amounts so deducted shall be transferred to the
490	administrator for further distribution to the trust funds in
491	accordance with this chapter.
492	(c)  The governing body of each county, city, metropolitan
493	planning organization, special district, or consolidated form of
494	government participating under this chapter or the
495	administrator, acting individually or jointly, is hereby
496	authorized to file and maintain an action in the courts of the
497	state to require any employer to remit any retirement or social
498	security member contributions or employer matching payments due
499	the retirement or social security trust funds under the
500	provisions of this chapter.
501	Section 7.  Paragraphs (a), (b), and (e) of subsection (1)
502	of section 121.081, Florida Statutes, are amended to read:
503	121.081  Past service; prior service;
504	contributions.--Conditions under which past service or prior
505	service may be claimed and credited are:
506	(1)(a)  Past service, as defined in s. 121.021(18), may be
507	claimed as creditable service by officers or employees of a
508	city, metropolitan planning organization, or special district
509	that become a covered group under this system. The governing
510	body of a covered group in compliance with s. 121.051(2)(b) may
511	elect to provide benefits with respect to past service earned
512	prior to January 1, 1975, in accordance with this chapter, and
513	the cost for such past service shall be established by applying
514	the following formula: The member contribution for both regular
515	and special risk members shall be 4 percent of the gross annual
516	salary for each year of past service claimed, plus 4-percent
517	employer matching contribution, plus 4 percent interest thereon
518	compounded annually, figured on each year of past service, with
519	interest compounded from date of annual salary earned until July
520	1, 1975, and 6.5 percent interest compounded annually thereafter
521	until date of payment. Once the total cost for a member has been
522	figured to date, then after July 1, 1975, 6.5 percent compounded
523	interest shall be added each June 30 thereafter on any unpaid
524	balance until the cost of such past service liability is paid in
525	full. The following formula shall be used in calculating past
526	service earned prior to January 1, 1975: (Annual gross salary
527	multiplied by 8 percent) multiplied by the 4 percent or 6.5
528	percent compound interest table factor, as may be applicable.
529	The resulting product equals cost to date for each particular
530	year of past service.
531	(b)  Past service earned after January 1, 1975, may be
532	claimed by officers or employees of a city, metropolitan
533	planning organization, or special district that becomes a
534	covered group under this system. The governing body of a covered
535	group may elect to provide benefits with respect to past service
536	earned after January 1, 1975, in accordance with this chapter,
537	and the cost for such past service shall be established by
538	applying the following formula: The employer shall contribute an
539	amount equal to the contribution rate in effect at the time the
540	service was earned, multiplied by the employee's gross salary
541	for each year of past service claimed, plus 6.5 percent interest
542	thereon, compounded annually, figured on each year of past
543	service, with interest compounded from date of annual salary
544	earned until date of payment.
545	(e)  Past service, as defined in s. 121.021(18), may be
546	claimed as creditable service by a member of the Florida
547	Retirement System who formerly was an officer or employee of a
548	city, metropolitan planning organization, or special district,
549	notwithstanding the status or form of the retirement system, if
550	any, of that city, metropolitan planning organization, or
551	special district and irrespective of whether officers or
552	employees of that city, metropolitan planning organization, or
553	special district now or hereafter become a covered group under
554	the Florida Retirement System. Such member may claim creditable
555	service and be entitled to the benefits accruing to the regular
556	class of members as provided for the past service claimed under
557	this paragraph by paying into the retirement trust fund an
558	amount equal to the total actuarial cost of providing the
559	additional benefit resulting from such past-service credit,
560	discounted by the applicable actuarial factors to date of
561	retirement.
562	Section 8.  Paragraph (e) of subsection (2) of section
563	212.055, Florida Statutes, is amended to read:
564	212.055  Discretionary sales surtaxes; legislative intent;
565	authorization and use of proceeds.--It is the legislative intent
566	that any authorization for imposition of a discretionary sales
567	surtax shall be published in the Florida Statutes as a
568	subsection of this section, irrespective of the duration of the
569	levy. Each enactment shall specify the types of counties
570	authorized to levy; the rate or rates which may be imposed; the
571	maximum length of time the surtax may be imposed, if any; the
572	procedure which must be followed to secure voter approval, if
573	required; the purpose for which the proceeds may be expended;
574	and such other requirements as the Legislature may provide.
575	Taxable transactions and administrative procedures shall be as
576	provided in s. 212.054.
577	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
578	(e)  School districts, counties, and municipalities
579	receiving proceeds under the provisions of this subsection may
580	pledge such proceeds for the purpose of servicing new bond
581	indebtedness incurred pursuant to law. Local governments may use
582	the services of the Division of Bond Finance of the State Board
583	of Administration pursuant to the State Bond Act to issue any
584	bonds through the provisions of this subsection. In no case may
585	a jurisdiction issue bonds pursuant to this subsection more
586	frequently than once per year. Counties and municipalities may
587	join together for the issuance of bonds authorized by this
588	subsection.
589	Section 9.  Subsection (1) of section 215.615, Florida
590	Statutes, is amended to read:
591	215.615  Fixed-guideway transportation systems funding.--
592	(1)  The issuance of revenue bonds by the Division of Bond
593	Finance, on behalf of the Department of Transportation, pursuant
594	to s. 11, Art. VII of the State Constitution, is authorized,
595	pursuant to the State Bond Act, to finance or refinance fixed
596	capital expenditures for fixed-guideway transportation systems,
597	as defined in s. 341.031, including facilities appurtenant
598	thereto, costs of issuance, and other amounts relating to such
599	financing or refinancing. Such revenue bonds shall be matched on
600	a 50-50 basis with funds from sources other than revenues of the
601	Department of Transportation, in a manner acceptable to the
602	Department of Transportation. The Division of Bond Finance is
603	authorized to consider innovative financing techniques,
604	technologies which may include, but are not limited to,
605	innovative bidding and structures of potential financings
606	findings that may result in negotiated transactions. The
607	following conditions apply to the issuance of revenue bonds for
608	fixed-guideway transportation systems:
609	(a)  The department and any participating commuter rail
610	authority or regional transportation authority established under
611	chapter 343, local governments, or local governments
612	collectively by interlocal agreement having jurisdiction of a
613	fixed-guideway transportation system may enter into an
614	interlocal agreement to promote the efficient and cost-effective
615	financing or refinancing of fixed-guideway transportation system
616	projects by revenue bonds issued pursuant to this subsection.
617	The terms of such interlocal agreements shall include provisions
618	for the Department of Transportation to request the issuance of
619	the bonds on behalf of the parties; shall provide that after
620	reimbursement pursuant to interlocal agreement, the department's
621	share may be up to 50 percent of the eligible project cost,
622	which may include a share of annual each party to the agreement
623	is contractually liable for an equal share of funding an amount
624	equal to the debt service requirements of such bonds; and shall
625	include any other terms, provisions, or covenants necessary to
626	the making of and full performance under such interlocal
627	agreement. Repayments made to the department under any
628	interlocal agreement are not pledged to the repayment of bonds
629	issued hereunder, and failure of the local governmental
630	authority to make such payment shall not affect the obligation
631	of the department to pay debt service on the bonds.
632	(b)  Revenue bonds issued pursuant to this subsection shall
633	not constitute a general obligation of, or a pledge of the full
634	faith and credit of, the State of Florida. Bonds issued pursuant
635	to this section shall be payable from funds available pursuant
636	to s. 206.46(3), or other funds available to the project,
637	subject to annual appropriation. The amount of revenues
638	available for debt service shall never exceed a maximum of 2
639	percent of all state revenues deposited into the State
640	Transportation Trust Fund.
641	(c)  The projects to be financed or refinanced with the
642	proceeds of the revenue bonds issued hereunder are designated as
643	state fixed capital outlay projects for purposes of s. 11(d),
644	Art. VII of the State Constitution, and the specific projects to
645	be financed or refinanced shall be determined by the Department
646	of Transportation in accordance with state law and
647	appropriations from the State Transportation Trust Fund. Each
648	project to be financed with the proceeds of the bonds issued
649	pursuant to this subsection must first be approved by the
650	Legislature by an act of general law.
651	(d)  Any complaint for validation of bonds issued pursuant
652	to this section shall be filed in the circuit court of the
653	county where the seat of state government is situated, the
654	notice required to be published by s. 75.06 shall be published
655	only in the county where the complaint is filed, and the
656	complaint and order of the circuit court shall be served only on
657	the state attorney of the circuit in which the action is
658	pending.
659	(e)  The state does hereby covenant with holders of such
660	revenue bonds or other instruments of indebtedness issued
661	hereunder, that it will not repeal or impair or amend these
662	provisions in any manner that will materially and adversely
663	affect the rights of such holders as long as bonds authorized by
664	this subsection are outstanding.
665	(f)  This subsection supersedes any inconsistent provisions
666	in existing law.
667
668	Notwithstanding this subsection, the lien of revenue bonds
669	issued pursuant to this subsection on moneys deposited into the
670	State Transportation Trust Fund shall be subordinate to the lien
671	on such moneys of bonds issued under ss. 215.605, 320.20, and
672	215.616, and any pledge of such moneys to pay operating and
673	maintenance expenses under s. 206.46(5) and chapter 348, as may
674	be amended.
675	Section 10.  Subsections (1) and (2) of section 255.20,
676	Florida Statutes, are amended to read:
677	255.20  Local bids and contracts for public construction
678	works; specification of state-produced lumber.--
679	(1)  A county, municipality, special district as defined in
680	chapter 189, or other political subdivision of the state seeking
681	to construct or improve a public building, structure, or other
682	public construction works must competitively award to an
683	appropriately licensed contractor each project that is estimated
684	in accordance with generally accepted cost-accounting principles
685	to have total construction project costs of more than $400,000
686	$200,000. For electrical work, local government must
687	competitively award to an appropriately licensed contractor each
688	project that is estimated in accordance with generally accepted
689	cost-accounting principles to have a cost of more than $100,000
690	$50,000. As used in this section, the term "competitively award"
691	means to award contracts based on the submission of sealed bids,
692	proposals submitted in response to a request for proposal,
693	proposals submitted in response to a request for qualifications,
694	or proposals submitted for competitive negotiation. This
695	subsection expressly allows contracts for construction
696	management services, design/build contracts, continuation
697	contracts based on unit prices, and any other contract
698	arrangement with a private sector contractor permitted by any
699	applicable municipal or county ordinance, by district
700	resolution, or by state law. For purposes of this section,
701	construction costs include the cost of all labor, except inmate
702	labor, and include the cost of equipment and materials to be
703	used in the construction of the project. Subject to the
704	provisions of subsection (3), the county, municipality, special
705	district, or other political subdivision may establish, by
706	municipal or county ordinance or special district resolution,
707	procedures for conducting the bidding process.
708	(a)  Notwithstanding any other law to the contrary, a
709	county, municipality, special district as defined in chapter
710	189, or other political subdivision of the state seeking to
711	construct or improve bridges, roads, streets, highways, or
712	railroads, and services incidental thereto, at costs in excess
713	of $250,000 may require that persons interested in performing
714	work under contract first be certified or qualified to perform
715	such work. Any contractor may be considered ineligible to bid by
716	the governmental entity if the contractor is behind on
717	completing an approved progress schedule for the governmental
718	entity by 10 percent or more at the time of advertisement of the
719	work. Any contractor prequalified and considered eligible by the
720	Department of Transportation to bid to perform the type of work
721	described under the contract shall be presumed to be qualified
722	to perform the work described. The governmental entity may
723	provide an appeal process to overcome that presumption with de
724	novo review based on the record below to the circuit court.
725	(b)  With respect to contractors not prequalified with the
726	Department of Transportation, the governmental entity shall
727	publish prequalification criteria and procedures prior to
728	advertisement or notice of solicitation. Such publications shall
729	include notice of a public hearing for comment on such criteria
730	and procedures prior to adoption. The procedures shall provide
731	for an appeal process within the authority for objections to the
732	prequalification process with de novo review based on the record
733	below to the circuit court within 30 days.
734	(c)  The provisions of this subsection do not apply:
735	1.  When the project is undertaken to replace, reconstruct,
736	or repair an existing facility damaged or destroyed by a sudden
737	unexpected turn of events, such as an act of God, riot, fire,
738	flood, accident, or other urgent circumstances, and such damage
739	or destruction creates:
740	a.  An immediate danger to the public health or safety;
741	b.  Other loss to public or private property which requires
742	emergency government action; or
743	c.  An interruption of an essential governmental service.
744	2.  When, after notice by publication in accordance with
745	the applicable ordinance or resolution, the governmental entity
746	does not receive any responsive bids or responses.
747	3.  To construction, remodeling, repair, or improvement to
748	a public electric or gas utility system when such work on the
749	public utility system is performed by personnel of the system.
750	4.  To construction, remodeling, repair, or improvement by
751	a utility commission whose major contracts are to construct and
752	operate a public electric utility system.
753	5.  When the project is undertaken as repair or maintenance
754	of an existing public facility.
755	6.  When the project is undertaken exclusively as part of a
756	public educational program.
757	7.  When the funding source of the project will be
758	diminished or lost because the time required to competitively
759	award the project after the funds become available exceeds the
760	time within which the funding source must be spent.
761	8.  When the local government has competitively awarded a
762	project to a private sector contractor and the contractor has
763	abandoned the project before completion or the local government
764	has terminated the contract.
765	9.  When the governing board of the local government, after
766	public notice, conducts a public meeting under s. 286.011 and
767	finds by a majority vote of the governing board that it is in
768	the public's best interest to perform the project using its own
769	services, employees, and equipment. The public notice must be
770	published at least 14 days prior to the date of the public
771	meeting at which the governing board takes final action to apply
772	this subparagraph. The notice must identify the project, the
773	estimated cost of the project, and specify that the purpose for
774	the public meeting is to consider whether it is in the public's
775	best interest to perform the project using the local
776	government's own services, employees, and equipment. In deciding
777	whether it is in the public's best interest for local government
778	to perform a project using its own services, employees, and
779	equipment, the governing board may consider the cost of the
780	project, whether the project requires an increase in the number
781	of government employees, an increase in capital expenditures for
782	public facilities, equipment or other capital assets, the impact
783	on local economic development, the impact on small and minority
784	business owners, the impact on state and local tax revenues,
785	whether the private sector contractors provide health insurance
786	and other benefits equivalent to those provided by the local
787	government, and any other factor relevant to what is in the
788	public's best interest.
789	10.  When the governing board of the local government
790	determines upon consideration of specific substantive criteria
791	and administrative procedures that it is in the best interest of
792	the local government to award the project to an appropriately
793	licensed private sector contractor according to procedures
794	established by and expressly set forth in a charter, ordinance,
795	or resolution of the local government adopted prior to July 1,
796	1994. The criteria and procedures must be set out in the
797	charter, ordinance, or resolution and must be applied uniformly
798	by the local government to avoid award of any project in an
799	arbitrary or capricious manner. This exception shall apply when
800	all of the following occur:
801	a.  When the governing board of the local government, after
802	public notice, conducts a public meeting under s. 286.011 and
803	finds by a two-thirds vote of the governing board that it is in
804	the public's best interest to award the project according to the
805	criteria and procedures established by charter, ordinance, or
806	resolution. The public notice must be published at least 14 days
807	prior to the date of the public meeting at which the governing
808	board takes final action to apply this subparagraph. The notice
809	must identify the project, the estimated cost of the project,
810	and specify that the purpose for the public meeting is to
811	consider whether it is in the public's best interest to award
812	the project using the criteria and procedures permitted by the
813	preexisting ordinance.
814	b.  In the event the project is to be awarded by any method
815	other than a competitive selection process, the governing board
816	must find evidence that:
817	(I)  There is one appropriately licensed contractor who is
818	uniquely qualified to undertake the project because that
819	contractor is currently under contract to perform work that is
820	affiliated with the project; or
821	(II)  The time to competitively award the project will
822	jeopardize the funding for the project, or will materially
823	increase the cost of the project or will create an undue
824	hardship on the public health, safety, or welfare.
825	c.  In the event the project is to be awarded by any method
826	other than a competitive selection process, the published notice
827	must clearly specify the ordinance or resolution by which the
828	private sector contractor will be selected and the criteria to
829	be considered.
830	d.  In the event the project is to be awarded by a method
831	other than a competitive selection process, the architect or
832	engineer of record has provided a written recommendation that
833	the project be awarded to the private sector contractor without
834	competitive selection; and the consideration by, and the
835	justification of, the government body are documented, in
836	writing, in the project file and are presented to the governing
837	board prior to the approval required in this paragraph.
838	11.  To projects subject to chapter 336.
839	(d)1.  If the project is to be awarded based on price, the
840	contract must be awarded to the lowest qualified and responsive
841	bidder in accordance with the applicable county or municipal
842	ordinance or district resolution and in accordance with the
843	applicable contract documents. The county, municipality, or
844	special district may reserve the right to reject all bids and to
845	rebid the project or elect not to proceed with the project. This
846	subsection is not intended to restrict the rights of any local
847	government to reject the low bid of a nonqualified or
848	nonresponsive bidder and to award the contract to any other
849	qualified and responsive bidder in accordance with the standards
850	and procedures of any applicable county or municipal ordinance
851	or any resolution of a special district.
852	2.  If the project uses a request for proposal or a request
853	for qualifications, the request must be publicly advertised and
854	the contract must be awarded in accordance with the applicable
855	local ordinances.
856	3.  If the project is subject to competitive negotiations,
857	the contract must be awarded in accordance with s. 287.055.
858	(e)  If a construction project greater than $400,000
859	$200,000, or $100,000 $50,000 for electrical work, is started
860	after October 1, 1999, and is to be performed by a local
861	government using its own employees in a county or municipality
862	that issues registered contractor licenses and the project would
863	require a licensed contractor under chapter 489 if performed by
864	a private sector contractor, the local government must use a
865	person appropriately registered or certified under chapter 489
866	to supervise the work.
867	(f)  If a construction project greater than $400,000
868	$200,000, or $100,000 $50,000 for electrical work, is started
869	after October 1, 1999, and is to be performed by a local
870	government using its own employees in a county that does not
871	issue registered contractor licenses and the project would
872	require a licensed contractor under chapter 489 if performed by
873	a private sector contractor, the local government must use a
874	person appropriately registered or certified under chapter 489
875	or a person appropriately licensed under chapter 471 to
876	supervise the work.
877	(g)  Projects performed by a local government using its own
878	services and employees must be inspected in the same manner as
879	inspections required for work performed by private sector
880	contractors.
881	(h)  A construction project provided for in this subsection
882	may not be divided into more than one project for the purpose of
883	evading this subsection.
884	(i)  This subsection does not preempt the requirements of
885	any small-business or disadvantaged-business enterprise program
886	or any local-preference ordinance.
887	(2)  The threshold amount of $400,000 $200,000 for
888	construction or $100,000 $50,000 for electrical work must be
889	adjusted by the percentage change in the Consumer Price Index
890	from January 1, 2007 1994, to January 1 of the year in which the
891	project is scheduled to begin.
892	Section 11.  Section 316.2123, Florida Statutes, is amended
893	to read:
894	316.2123  Operation of an ATV on certain roadways.--
895	(1)  The operation of an ATV, as defined in s. 317.0003,
896	upon the public roads or streets of this state is prohibited,
897	except that an ATV may be operated during the daytime on an
898	unpaved roadway where the posted speed limit is less than 35
899	miles per hour by a licensed driver or by a minor under the
900	supervision of a licensed driver. The operator must provide
901	proof of ownership pursuant to chapter 317 upon request by a law
902	enforcement officer.
903	(2)  A county is exempt from this section if the governing
904	body of the county, by majority vote, following a noticed public
905	hearing, votes to exempt the county from this section.
906	Alternatively, a county may, by majority vote after such a
907	hearing, designate certain unpaved roadways where an ATV may be
908	operated during the daytime as long as each such designated
909	roadway has a posted speed limit of less than 35 miles per hour
910	and is appropriately marked to indicate permissible ATV use.
911	(3)  Any ATV operation that is permitted under subsection
912	(1) or subsection (2) may be undertaken only by a licensed
913	driver or a minor who is under the direct supervision of a
914	licensed driver. The operator must provide proof of ownership
915	under chapter 317 upon the request of a law enforcement officer.
916	Section 12.  Subsection (1) of section 316.605, Florida
917	Statutes, is amended to read:
918	316.605  Licensing of vehicles.--
919	(1)  Every vehicle, at all times while driven, stopped, or
920	parked upon any highways, roads, or streets of this state, shall
921	be licensed in the name of the owner thereof in accordance with
922	the laws of this state unless such vehicle is not required by
923	the laws of this state to be licensed in this state and shall,
924	except as otherwise provided in s. 320.0706 for front-end
925	registration license plates on truck tractors and s. 320.086(5)
926	which exempts display of license plates on described former
927	military vehicles, display the license plate or both of the
928	license plates assigned to it by the state, one on the rear and,
929	if two, the other on the front of the vehicle, each to be
930	securely fastened to the vehicle outside the main body of the
931	vehicle not higher than 60 inches and not lower than 12 inches
932	from the ground and no more than 24 inches to the left or right
933	of the centerline of the vehicle, and in such manner as to
934	prevent the plates from swinging, and all letters, numerals,
935	printing, writing, and other identification marks upon the
936	plates regarding the word "Florida," the registration decal, and
937	the alphanumeric designation shall be clear and distinct and
938	free from defacement, mutilation, grease, and other obscuring
939	matter, so that they will be plainly visible and legible at all
940	times 100 feet from the rear or front. Vehicle license plates
941	shall be affixed and displayed in such a manner that the letters
942	and numerals shall be read from left to right parallel to the
943	ground. No vehicle license plate may be displayed in an inverted
944	or reversed position or in such a manner that the letters and
945	numbers and their proper sequence are not readily identifiable.
946	Nothing shall be placed upon the face of a Florida plate except
947	as permitted by law or by rule or regulation of a governmental
948	agency. No license plates other than those furnished by the
949	state shall be used. However, if the vehicle is not required to
950	be licensed in this state, the license plates on such vehicle
951	issued by another state, by a territory, possession, or district
952	of the United States, or by a foreign country, substantially
953	complying with the provisions hereof, shall be considered as
954	complying with this chapter. A violation of this subsection is a
955	noncriminal traffic infraction, punishable as a nonmoving
956	violation as provided in chapter 318.
957	Section 13.  Paragraph (b) of subsection (3) of section
958	316.650, Florida Statutes, is amended to read:
959	316.650  Traffic citations.--
960	(3)
961	(b)  If a traffic citation is issued pursuant to s.
962	316.1001, a traffic enforcement officer may deposit the original
963	and one copy of such traffic citation or, in the case of a
964	traffic enforcement agency that has an automated citation
965	system, may provide an electronic facsimile with a court having
966	jurisdiction over the alleged offense or with its traffic
967	violations bureau within 45 days after the date of issuance of
968	the citation to the violator. If the person cited for the
969	violation of s. 316.1001 makes the election provided by s.
970	318.14(12) and pays the $25 fine, or such other amount as
971	imposed by the governmental entity owning the applicable toll
972	facility, plus the amount of the unpaid toll that is shown on
973	the traffic citation directly to the governmental entity that
974	issued the citation, or on whose behalf the citation was issued,
975	in accordance with s. 318.14(12), the traffic citation will not
976	be submitted to the court, the disposition will be reported to
977	the department by the governmental entity that issued the
978	citation, or on whose behalf the citation was issued, and no
979	points will be assessed against the person's driver's license.
980	Section 14.  Subsection (12) of section 318.14, Florida
981	Statutes, is amended to read:
982	318.14  Noncriminal traffic infractions; exception;
983	procedures.--
984	(12)  Any person cited for a violation of s. 316.1001 may,
985	in lieu of making an election as set forth in subsection (4) or
986	s. 318.18(7), elect to pay a his or her fine of $25, or such
987	other amount as imposed by the governmental entity owning the
988	applicable toll facility, plus the amount of the unpaid toll
989	that is shown on the traffic citation directly to the
990	governmental entity that issued the citation, or on whose behalf
991	the citation was issued, within 30 days after the date of
992	issuance of the citation. Any person cited for a violation of s.
993	316.1001 who does not elect to pay the fine imposed by the
994	governmental entity owning the applicable toll facility plus the
995	amount of the unpaid toll that is shown on the traffic citation
996	directly to the governmental entity that issued the citation, or
997	on whose behalf the citation was issued, as described in this
998	subsection section shall have an additional 45 days after the
999	date of the issuance of the citation in which to request a court
1000	hearing or to pay the civil penalty and delinquent fee, if
1001	applicable, as provided in s. 318.18(7), either by mail or in
1002	person, in accordance with subsection (4).
1003	Section 15.  Section 318.18, Florida Statutes, is amended
1004	to read:
1005	318.18  Amount of civil penalties.--The penalties required
1006	for a noncriminal disposition pursuant to s. 318.14 or a
1007	criminal offense listed in s. 318.17 are as follows:
1008	(1)  Fifteen dollars for:
1009	(a)  All infractions of pedestrian regulations.
1010	(b)  All infractions of s. 316.2065, unless otherwise
1011	specified.
1012	(c)  Other violations of chapter 316 by persons 14 years of
1013	age or under who are operating bicycles, regardless of the
1014	noncriminal traffic infraction's classification.
1015	(2)  Thirty dollars for all nonmoving traffic violations
1016	and:
1017	(a)  For all violations of s. 322.19.
1018	(b)  For all violations of ss. 320.0605, 320.07(1),
1019	322.065, and 322.15(1). Any person who is cited for a violation
1020	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
1021	320.07(4).
1022	1.  If a person who is cited for a violation of s. 320.0605
1023	or s. 320.07 can show proof of having a valid registration at
1024	the time of arrest, the clerk of the court may dismiss the case
1025	and may assess a dismissal fee of up to $7.50. A person who
1026	finds it impossible or impractical to obtain a valid
1027	registration certificate must submit an affidavit detailing the
1028	reasons for the impossibility or impracticality. The reasons may
1029	include, but are not limited to, the fact that the vehicle was
1030	sold, stolen, or destroyed; that the state in which the vehicle
1031	is registered does not issue a certificate of registration; or
1032	that the vehicle is owned by another person.
1033	2.  If a person who is cited for a violation of s. 322.03,
1034	s. 322.065, or s. 322.15 can show a driver's license issued to
1035	him or her and valid at the time of arrest, the clerk of the
1036	court may dismiss the case and may assess a dismissal fee of up
1037	to $7.50.
1038	3.  If a person who is cited for a violation of s. 316.646
1039	can show proof of security as required by s. 627.733, issued to
1040	the person and valid at the time of arrest, the clerk of the
1041	court may dismiss the case and may assess a dismissal fee of up
1042	to $7.50. A person who finds it impossible or impractical to
1043	obtain proof of security must submit an affidavit detailing the
1044	reasons for the impracticality. The reasons may include, but are
1045	not limited to, the fact that the vehicle has since been sold,
1046	stolen, or destroyed; that the owner or registrant of the
1047	vehicle is not required by s. 627.733 to maintain personal
1048	injury protection insurance; or that the vehicle is owned by
1049	another person.
1050	(c)  For all violations of ss. 316.2935 and 316.610.
1051	However, for a violation of s. 316.2935 or s. 316.610, if the
1052	person committing the violation corrects the defect and obtains
1053	proof of such timely repair by an affidavit of compliance
1054	executed by the law enforcement agency within 30 days from the
1055	date upon which the traffic citation was issued, and pays $4 to
1056	the law enforcement agency, thereby completing the affidavit of
1057	compliance, then upon presentation of said affidavit by the
1058	defendant to the clerk within the 30-day time period set forth
1059	under s. 318.14(4), the fine must be reduced to $7.50, which the
1060	clerk of the court shall retain.
1061	(d)  For all violations of s. 316.126(1)(b), unless
1062	otherwise specified.
1063	(3)(a)  Except as otherwise provided in this section, $60
1064	for all moving violations not requiring a mandatory appearance.
1065	(b)  For moving violations involving unlawful speed, the
1066	fines are as follows:
1067
1068	For speed exceeding the limit by:     Fine:
1069	1-5 m.p.h..     ..Warning
1070	6-9 m.p.h..     ..$ 25
1071	10-14 m.p.h..     ..$100
1072	15-19 m.p.h..     ..$125
1073	20-29 m.p.h..     ..$150
1074	30 m.p.h. and above..     ..$250
1075	(c)  Notwithstanding paragraph (b), a person cited for
1076	exceeding the speed limit by up to 5 m.p.h. in a legally posted
1077	school zone will be fined $50. A person exceeding the speed
1078	limit in a school zone shall pay a fine double the amount listed
1079	in paragraph (b).
1080	(d)  A person cited for exceeding the speed limit in a
1081	posted construction zone, which posting must include
1082	notification of the speed limit and the doubling of fines, shall
1083	pay a fine double the amount listed in paragraph (b). The fine
1084	shall be doubled for construction zone violations only if
1085	construction personnel are present or operating equipment on the
1086	road or immediately adjacent to the road under construction.
1087	(e)  A person cited for exceeding the speed limit in an
1088	enhanced penalty zone shall pay a fine amount of $50 plus the
1089	amount listed in paragraph (b). Notwithstanding paragraph (b), a
1090	person cited for exceeding the speed limit by up to 5 m.p.h. in
1091	a legally posted enhanced penalty zone shall pay a fine amount
1092	of $50.
1093	(f)  If a violation of s. 316.1301 or s. 316.1303 results
1094	in an injury to the pedestrian or damage to the property of the
1095	pedestrian, an additional fine of up to $250 shall be paid. This
1096	amount must be distributed pursuant to s. 318.21.
1097	(g)  A person cited for exceeding the speed limit within a
1098	zone posted for any electronic or manual toll collection
1099	facility shall pay a fine double the amount listed in paragraph
1100	(b). However, no person cited for exceeding the speed limit in
1101	any toll collection zone shall be subject to a doubled fine
1102	unless the governmental entity or authority controlling the toll
1103	collection zone first installs a traffic control device
1104	providing warning that speeding fines are doubled. Any such
1105	traffic control device must meet the requirements of the uniform
1106	system of traffic control devices.
1107	(h)  A person cited for a second or subsequent conviction
1108	of speed exceeding the limit by 30 miles per hour and above
1109	within a 12-month period shall pay a fine that is double the
1110	amount listed in paragraph (b). For purposes of this paragraph,
1111	the term "conviction" means a finding of guilt as a result of a
1112	jury verdict, nonjury trial, or entry of a plea of guilty.
1113	Moneys received from the increased fine imposed by this
1114	paragraph shall be remitted to the Department of Revenue and
1115	deposited into the Department of Health Administrative Trust
1116	Fund to provide financial support to certified trauma centers to
1117	assure the availability and accessibility of trauma services
1118	throughout the state. Funds deposited into the Administrative
1119	Trust Fund under this section shall be allocated as follows:
1120	1.  Fifty percent shall be allocated equally among all
1121	Level I, Level II, and pediatric trauma centers in recognition
1122	of readiness costs for maintaining trauma services.
1123	2.  Fifty percent shall be allocated among Level I, Level
1124	II, and pediatric trauma centers based on each center's relative
1125	volume of trauma cases as reported in the Department of Health
1126	Trauma Registry.
1127	(4)  The penalty imposed under s. 316.545 shall be
1128	determined by the officer in accordance with the provisions of
1129	ss. 316.535 and 316.545.
1130	(5)(a)  One hundred dollars for a violation of s.
1131	316.172(1)(a), failure to stop for a school bus. If, at a
1132	hearing, the alleged offender is found to have committed this
1133	offense, the court shall impose a minimum civil penalty of $100.
1134	In addition to this penalty, for a second or subsequent offense
1135	within a period of 5 years, the department shall suspend the
1136	driver's license of the person for not less than 90 days and not
1137	more than 6 months.
1138	(b)  Two hundred dollars for a violation of s.
1139	316.172(1)(b), passing a school bus on the side that children
1140	enter and exit when the school bus displays a stop signal. If,
1141	at a hearing, the alleged offender is found to have committed
1142	this offense, the court shall impose a minimum civil penalty of
1143	$200. In addition to this penalty, for a second or subsequent
1144	offense within a period of 5 years, the department shall suspend
1145	the driver's license of the person for not less than 180 days
1146	and not more than 1 year.
1147	(6)  One hundred dollars or the fine amount designated by
1148	county ordinance, plus court costs for illegally parking, under
1149	s. 316.1955, in a parking space provided for people who have
1150	disabilities. However, this fine will be waived if a person
1151	provides to the law enforcement agency that issued the citation
1152	for such a violation proof that the person committing the
1153	violation has a valid parking permit or license plate issued
1154	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1155	or s. 320.0848 or a signed affidavit that the owner of the
1156	disabled parking permit or license plate was present at the time
1157	the violation occurred, and that such a parking permit or
1158	license plate was valid at the time the violation occurred. The
1159	law enforcement officer, upon determining that all required
1160	documentation has been submitted verifying that the required
1161	parking permit or license plate was valid at the time of the
1162	violation, must sign an affidavit of compliance. Upon provision
1163	of the affidavit of compliance and payment of a dismissal fee of
1164	up to $7.50 to the clerk of the circuit court, the clerk shall
1165	dismiss the citation.
1166	(7)  Mandatory $100 fine One hundred dollars for each a
1167	violation of s. 316.1001 plus the amount of the unpaid toll
1168	shown on the traffic citation for each citation issued. The
1169	clerk of the court shall forward $25 of the $100 fine received,
1170	plus the amount of the unpaid toll that is shown on the
1171	citation, to the governmental entity that issued the citation,
1172	or on whose behalf the citation was issued. If a plea
1173	arrangement is reached prior to the date set for a scheduled
1174	evidentiary hearing and adjudication is withheld, there shall be
1175	a mandatory fine assessed per citation of not less than $50 and
1176	not more than $100, plus the amount of the unpaid toll for each
1177	citation issued. The clerk of the court shall forward $25 of the
1178	fine imposed plus the amount of the unpaid toll that is shown on
1179	the citation to the governmental entity that issued the citation
1180	or on whose behalf the citation was issued. The court shall have
1181	specific authority to consolidate issued citations for the same
1182	defendant for the purpose of sentencing and aggregate
1183	jurisdiction. In addition, the department shall suspend for 60
1184	days the driver's license of a person who is convicted of 10
1185	violations of s. 316.1001 within a 36-month period. However, a
1186	person may elect to pay $30 to the clerk of the court, in which
1187	case adjudication is withheld, and no points are assessed under
1188	s. 322.27. Upon receipt of the fine, the clerk of the court must
1189	retain $5 for administrative purposes and must forward the $25
1190	to the governmental entity that issued the citation. Any funds
1191	received by a governmental entity for this violation may be used
1192	for any lawful purpose related to the operation or maintenance
1193	of a toll facility.
1194	(8)(a)  Any person who fails to comply with the court's
1195	requirements or who fails to pay the civil penalties specified
1196	in this section within the 30-day period provided for in s.
1197	318.14 must pay an additional civil penalty of $12, $2.50 of
1198	which must be remitted to the Department of Revenue for deposit
1199	in the General Revenue Fund, and $9.50 of which must be remitted
1200	to the Department of Revenue for deposit in the Highway Safety
1201	Operating Trust Fund. The department shall contract with the
1202	Florida Association of Court Clerks, Inc., to design, establish,
1203	operate, upgrade, and maintain an automated statewide Uniform
1204	Traffic Citation Accounting System to be operated by the clerks
1205	of the court which shall include, but not be limited to, the
1206	accounting for traffic infractions by type, a record of the
1207	disposition of the citations, and an accounting system for the
1208	fines assessed and the subsequent fine amounts paid to the
1209	clerks of the court. On or before December 1, 2001, the clerks
1210	of the court must provide the information required by this
1211	chapter to be transmitted to the department by electronic
1212	transmission pursuant to the contract.
1213	(b)  Any person who fails to comply with the court's
1214	requirements as to civil penalties specified in this section due
1215	to demonstrable financial hardship shall be authorized to
1216	satisfy such civil penalties by public works or community
1217	service. Each hour of such service shall be applied, at the rate
1218	of the minimum wage, toward payment of the person's civil
1219	penalties; provided, however, that if the person has a trade or
1220	profession for which there is a community service need and
1221	application, the rate for each hour of such service shall be the
1222	average standard wage for such trade or profession. Any person
1223	who fails to comply with the court's requirements as to such
1224	civil penalties who does not demonstrate financial hardship may
1225	also, at the discretion of the court, be authorized to satisfy
1226	such civil penalties by public works or community service in the
1227	same manner.
1228	(c)  If the noncriminal infraction has caused or resulted
1229	in the death of another, the person who committed the infraction
1230	may perform 120 community service hours under s. 316.027(4), in
1231	addition to any other penalties.
1232	(9)  One hundred dollars for a violation of s. 316.1575.
1233	(10)  Twenty-five dollars for a violation of s. 316.2074.
1234	(11)(a)  In addition to the stated fine, court costs must
1235	be paid in the following amounts and shall be deposited by the
1236	clerk into the fine and forfeiture fund established pursuant to
1237	s. 142.01:
1238
1239	For pedestrian infractions..     ..$  3.
1240	For nonmoving traffic infractions..     ..$ 16.
1241	For moving traffic infractions..     ..$ 30.
1242	(b)  In addition to the court cost required under paragraph
1243	(a), up to $3 for each infraction shall be collected and
1244	distributed by the clerk in those counties that have been
1245	authorized to establish a criminal justice selection center or a
1246	criminal justice access and assessment center pursuant to the
1247	following special acts of the Legislature:
1248	1.  Chapter 87-423, Laws of Florida, for Brevard County.
1249	2.  Chapter 89-521, Laws of Florida, for Bay County.
1250	3.  Chapter 94-444, Laws of Florida, for Alachua County.
1251	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1252
1253	Funds collected by the clerk pursuant to this paragraph shall be
1254	distributed to the centers authorized by those special acts.
1255	(c)  In addition to the court cost required under paragraph
1256	(a), a $2.50 court cost must be paid for each infraction to be
1257	distributed by the clerk to the county to help pay for criminal
1258	justice education and training programs pursuant to s. 938.15.
1259	Funds from the distribution to the county not directed by the
1260	county to fund these centers or programs shall be retained by
1261	the clerk and used for funding the court-related services of the
1262	clerk.
1263	(d)  In addition to the court cost required under paragraph
1264	(a), a $3 court cost must be paid for each infraction to be
1265	distributed as provided in s. 938.01 and a $2 court cost as
1266	provided in s. 938.15 when assessed by a municipality or county.
1267	(12)  Two hundred dollars for a violation of s. 316.520(1)
1268	or (2). If, at a hearing, the alleged offender is found to have
1269	committed this offense, the court shall impose a minimum civil
1270	penalty of $200. For a second or subsequent adjudication within
1271	a period of 5 years, the department shall suspend the driver's
1272	license of the person for not less than 1 year and not more than
1273	2 years.
1274	(13)  In addition to any penalties imposed for noncriminal
1275	traffic infractions pursuant to this chapter or imposed for
1276	criminal violations listed in s. 318.17, a board of county
1277	commissioners or any unit of local government which is
1278	consolidated as provided by s. 9, Art. VIII of the State
1279	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1280	Constitution of 1968:
1281	(a)  May impose by ordinance a surcharge of up to $15 for
1282	any infraction or violation to fund state court facilities. The
1283	court shall not waive this surcharge. Up to 25 percent of the
1284	revenue from such surcharge may be used to support local law
1285	libraries provided that the county or unit of local government
1286	provides a level of service equal to that provided prior to July
1287	1, 2004, which shall include the continuation of library
1288	facilities located in or near the county courthouse or annexes.
1289	(b)  That imposed increased fees or service charges by
1290	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1291	purpose of securing payment of the principal and interest on
1292	bonds issued by the county before July 1, 2003, to finance state
1293	court facilities, may impose by ordinance a surcharge for any
1294	infraction or violation for the exclusive purpose of securing
1295	payment of the principal and interest on bonds issued by the
1296	county before July 1, 2003, to fund state court facilities until
1297	the date of stated maturity. The court shall not waive this
1298	surcharge. Such surcharge may not exceed an amount per violation
1299	calculated as the quotient of the maximum annual payment of the
1300	principal and interest on the bonds as of July 1, 2003, divided
1301	by the number of traffic citations for county fiscal year 2002-
1302	2003 certified as paid by the clerk of the court of the county.
1303	Such quotient shall be rounded up to the next highest dollar
1304	amount. The bonds may be refunded only if savings will be
1305	realized on payments of debt service and the refunding bonds are
1306	scheduled to mature on the same date or before the bonds being
1307	refunded.
1308
1309	A county may not impose both of the surcharges authorized under
1310	paragraphs (a) and (b) concurrently. The clerk of court shall
1311	report, no later than 30 days after the end of the quarter, the
1312	amount of funds collected under this subsection during each
1313	quarter of the fiscal year. The clerk shall submit the report,
1314	in a format developed by the Office of State Courts
1315	Administrator, to the chief judge of the circuit, the Governor,
1316	the President of the Senate, and the Speaker of the House of
1317	Representatives.
1318	(14)  In addition to any penalties imposed for noncriminal
1319	traffic infractions under this chapter or imposed for criminal
1320	violations listed in s. 318.17, any unit of local government
1321	that is consolidated as provided by s. 9, Art. VIII of the State
1322	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1323	State Constitution of 1968, and that is granted the authority in
1324	the State Constitution to exercise all the powers of a municipal
1325	corporation, and any unit of local government operating under a
1326	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1327	VIII of the State Constitution of 1885, as preserved by s. 6(e),
1328	Art. VIII of the State Constitution of 1968, that is granted the
1329	authority in the State Constitution to exercise all the powers
1330	conferred now or hereafter by general law upon municipalities,
1331	may impose by ordinance a surcharge of up to $15 for any
1332	infraction or violation. Revenue from the surcharge shall be
1333	transferred to such unit of local government for the purpose of
1334	replacing fine revenue deposited into the clerk's fine and
1335	forfeiture fund under s. 142.01. The court may not waive this
1336	surcharge. Proceeds from the imposition of the surcharge
1337	authorized in this subsection shall not be used for the purpose
1338	of securing payment of the principal and interest on bonds. This
1339	subsection, and any surcharge imposed pursuant to this
1340	subsection, shall stand repealed September 30, 2007.
1341	(15)  One hundred twenty-five dollars for a violation of s.
1342	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1343	stop at a traffic signal. Sixty dollars shall be distributed as
1344	provided in s. 318.21, and the remaining $65 shall be remitted
1345	to the Department of Revenue for deposit into the Administrative
1346	Trust Fund of the Department of Health.
1347	(16)  One hundred dollars for a violation of s. 316.622(3)
1348	or (4), for a vehicle that fails to display a sticker
1349	authorizing it to transport migrant or seasonal farm workers or
1350	fails to display standardized notification instructions
1351	requiring passengers to fasten their seat belts. Two hundred
1352	dollars for a violation of s. 316.622(1) or (2), for operating a
1353	farm labor vehicle that fails to conform to vehicle safety
1354	standards or lacks seat belt assemblies at each passenger
1355	position.
1356	(17)  In addition to any penalties imposed, a surcharge of
1357	$3 must be paid for all criminal offenses listed in s. 318.17
1358	and for all noncriminal moving traffic violations under chapter
1359	316. Revenue from the surcharge shall be remitted to the
1360	Department of Revenue and deposited quarterly into the State
1361	Agency Law Enforcement Radio System Trust Fund of the Department
1362	of Management Services for the state agency law enforcement
1363	radio system, as described in s. 282.1095. This subsection
1364	expires July 1, 2012.
1365	Section 16.  Subsection (17) is added to section 318.21,
1366	Florida Statutes, to read:
1367	318.21  Disposition of civil penalties by county
1368	courts.--All civil penalties received by a county court pursuant
1369	to the provisions of this chapter shall be distributed and paid
1370	monthly as follows:
1371	(17)  Notwithstanding subsections (1) and (2), the proceeds
1372	from the surcharge imposed under s. 318.18(17) shall be
1373	distributed as provided in that subsection. This subsection
1374	expires July 1, 2012.
1375	Section 17.  Section 320.061, Florida Statutes, is amended
1376	to read:
1377	320.061  Unlawful to alter motor vehicle registration
1378	certificates, license plates, mobile home stickers, or
1379	validation stickers or to obscure license plates; penalty.--No
1380	person shall alter the original appearance of any registration
1381	license plate, mobile home sticker, validation sticker, or
1382	vehicle registration certificate issued for and assigned to any
1383	motor vehicle or mobile home, whether by mutilation, alteration,
1384	defacement, or change of color or in any other manner. No person
1385	shall apply or attach any substance, reflective matter,
1386	illuminated device, spray, coating, covering, or other material
1387	onto or around any license plate that interferes with the
1388	legibility, angular visibility, or detectability of any feature
1389	or detail on the license plate or interferes with the ability to
1390	photograph or otherwise record any feature or detail on the
1391	license plate. Any person who violates the provisions of this
1392	section commits is guilty of a misdemeanor of the second degree,
1393	punishable as provided in s. 775.082 or s. 775.083.
1394	Section 18.  Paragraph (c) of subsection (6) and subsection
1395	(8) of section 332.007, Florida Statutes, are amended to read:
1396	332.007  Administration and financing of aviation and
1397	airport programs and projects; state plan.--
1398	(6)  Subject to the availability of appropriated funds, the
1399	department may participate in the capital cost of eligible
1400	public airport and aviation development projects in accordance
1401	with the following rates, unless otherwise provided in the
1402	General Appropriations Act or the substantive bill implementing
1403	the General Appropriations Act:
1404	(c)  When federal funds are not available, the department
1405	may fund up to 80 percent of master planning and eligible
1406	aviation development projects at publicly owned, publicly
1407	operated airports. If federal funds are available, the
1408	department may fund up to 80 percent of the nonfederal share of
1409	such projects. Such funding is limited to airports that have no
1410	scheduled commercial service.
1411	(8)  Notwithstanding any other provision of law to the
1412	contrary, the department is authorized to fund security projects
1413	at provide operational and maintenance assistance to publicly
1414	owned public-use airports. Such assistance shall be to comply
1415	with enhanced federal security requirements or to address
1416	related economic impacts from the events of September 11, 2001.
1417	For projects in the current adopted work program, or projects
1418	added using the available budget of the department, airports may
1419	request the department change the project purpose in accordance
1420	with this provision notwithstanding the provisions of s.
1421	339.135(7). For purposes of this subsection, the department may
1422	fund up to 100 percent of eligible project costs that are not
1423	funded by the Federal Government. Prior to releasing any funds
1424	under this section, the department shall review and approve the
1425	expenditure plans submitted by the airport. The department shall
1426	inform the Legislature of any change that it approves under this
1427	subsection. This subsection shall expire on June 30, 2012 2007.
1428	Section 19.  Subsection (4) of section 332.14, Florida
1429	Statutes, is amended to read:
1430	332.14  Secure Airports for Florida's Economy Council.--
1431	(4)  The council shall adopt bylaws governing the manner in
1432	which the business of the council will be conducted. The bylaws
1433	shall specify the procedure by which the chair of the council is
1434	elected. The council shall meet at the call of its chair, at the
1435	request of a majority of its membership, or at such times as may
1436	be prescribed in its bylaws. However, the council must meet at
1437	least twice a year. Except for the members under paragraphs
1438	(2)(d), (e), and (f), all members of the council are voting
1439	members. A majority of voting members of the council constitutes
1440	a quorum for the purpose of transacting the business of the
1441	council. A vote of the majority of the members present is
1442	sufficient for any action of the council, except that a member
1443	representing the Department of Transportation, the Department of
1444	Community Affairs, the Department of Law Enforcement, or the
1445	Office of Tourism, Trade, and Economic Development may vote to
1446	overrule any action of the council approving a project pursuant
1447	to paragraph (7)(a). The bylaws of the council may require a
1448	greater vote for a particular action.
1449	Section 20.  Paragraph (c) of subsection (1) of section
1450	336.025, Florida Statutes, is amended to read:
1451	336.025  County transportation system; levy of local option
1452	fuel tax on motor fuel and diesel fuel.--
1453	(1)
1454	(c)  Local governments may use the services of the Division
1455	of Bond Finance of the State Board of Administration pursuant to
1456	the State Bond Act to issue any bonds through the provisions of
1457	this section and may pledge the revenues from local option fuel
1458	taxes to secure the payment of the bonds. In no case may a
1459	jurisdiction issue bonds pursuant to this section more
1460	frequently than once per year. Counties and municipalities may
1461	join together for the issuance of bonds issued pursuant to this
1462	section.
1463	Section 21.  Subsection (3) of section 336.41, Florida
1464	Statutes, is amended to read:
1465	336.41  Counties; employing labor and providing road
1466	equipment; accounting; when competitive bidding required.--
1467	(3)  All construction and reconstruction of roads and
1468	bridges, including resurfacing, full scale mineral seal coating,
1469	and major bridge and bridge system repairs, to be performed
1470	utilizing the proceeds of the 80-percent portion of the surplus
1471	of the constitutional gas tax shall be let to contract to the
1472	lowest responsible bidder by competitive bid, except for:
1473	(a)  Construction and maintenance in emergency situations,
1474	and
1475	(b)  In addition to emergency work, construction and
1476	reconstruction, including resurfacing, mineral seal coating, and
1477	bridge repairs, having a total cumulative annual value not to
1478	exceed 5 percent of its 80-percent portion of the constitutional
1479	gas tax or $400,000 $250,000, whichever is greater,
1480
1481	for which the county may utilize its own forces. However, if,
1482	after proper advertising, no bids are received by a county for a
1483	specific project, the county may use its own forces to construct
1484	the project, notwithstanding the limitation of this subsection.
1485	Nothing in this section shall prevent the county from performing
1486	routine maintenance as authorized by law.
1487	Section 22.  Construction aggregate materials.--
1488	(1)  DEFINITIONS.--"Construction aggregate materials" means
1489	crushed stone, limestone, dolomite, limerock, shell rock,
1490	cemented coquina, sand for use as a component of mortars,
1491	concrete, bituminous mixtures, or underdrain filters, and other
1492	mined resources providing the basic material for concrete,
1493	asphalt, and road base.
1494	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
1495	is a strategic and critical need for an available supply of
1496	construction aggregate materials within the state and that a
1497	disruption of the supply would cause a significant detriment to
1498	the state's construction industry, transportation system, and
1499	overall health, safety, and welfare.
1500	(3)  LOCAL GOVERNMENT DECISIONMAKING.--No local government
1501	shall approve or deny a proposed land use zoning change,
1502	comprehensive plan amendment, land use permit, ordinance, or
1503	order regarding construction aggregate materials without
1504	considering any information provided by the Department of
1505	Transportation regarding the effect such change, amendment,
1506	permit decision, ordinance, or order would have on the
1507	availability, transportation, and potential extraction of
1508	construction aggregate materials on the local area, the region,
1509	and the state. The failure of the Department of Transportation
1510	to provide this information shall not be a basis for delay or
1511	invalidation of the local government action. No local government
1512	may impose a moratorium, or combination of moratoria, of more
1513	than 12 months' duration on the mining or extraction of
1514	construction aggregate materials, commencing on the date the
1515	vote was taken to impose the moratorium. January 1, 2007, shall
1516	serve as the commencement of the 12-month period for moratoria
1517	already in place as of July 1, 2007.
1518	(4)  EXPEDITED PERMITTING.--Due to the state's critical
1519	infrastructure needs and the potential shortfall in available
1520	construction aggregate materials, limerock environmental
1521	resource permitting and reclamation applications filed after
1522	March 1, 2007, are eligible for the expedited permitting
1523	processes contained in s. 403.973, Florida Statutes. Challenges
1524	to state agency action in the expedited permitting process for
1525	establishment of a limerock mine in this state under s. 403.973,
1526	Florida Statutes, are subject to the same requirements as
1527	challenges brought under s. 403.973(15)(a), Florida Statutes,
1528	except that, notwithstanding s. 120.574, Florida Statutes,
1529	summary proceedings must be conducted within 30 days after a
1530	party files the motion for summary hearing, regardless of
1531	whether the parties agree to the summary proceeding.
1532	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1533	(a)  The Strategic Aggregates Review Task Force is created
1534	to evaluate the availability and disposition of construction
1535	aggregate materials and related mining and land use practices in
1536	this state.
1537	(b)  The task force shall be appointed by August 1, 2007,
1538	and shall be composed of the following 19 members:
1539	1.  The President of the Senate, the Speaker of the House
1540	of Representatives, and the Governor shall each appoint one
1541	member from each of the following groups:
1542	a.  The mining industry.
1543	b.  The construction industry.
1544	c.  The transportation industries, including seaports,
1545	trucking, railroads, or roadbuilders.
1546	d.  Elected officials representing counties identified by
1547	the Department of Transportation as limestone or sand resource
1548	areas. Rural, midsize, and urban counties shall each have one
1549	elected official on the task force.
1550	e.  Environmental advocacy groups.
1551	2.  The Secretary of Environmental Protection or designee.
1552	3.  The Secretary of Community Affairs or designee.
1553	4.  The Secretary of Transportation or designee.
1554	5.  One member appointed by the Florida League of Cities,
1555	Inc.
1556	(c)  Members of the commission shall serve without
1557	compensation. Travel and per diem expenses for members who are
1558	not state employees shall be paid by the Department of
1559	Transportation in accordance with s. 112.061, Florida Statutes.
1560	(d)  The Department of Transportation shall organize and
1561	provide administrative support for the task force and coordinate
1562	with other state agencies and local governments in obtaining and
1563	providing such data and information as may be needed by the task
1564	force to complete its evaluation. The department may conduct any
1565	supporting studies as are required to obtain needed information
1566	or otherwise assist the task force in its review and
1567	deliberations.
1568	(e)  The Department of Transportation shall collect and
1569	provide information to the task force relating to construction
1570	aggregate materials and the amount of such materials used by the
1571	department on state road infrastructure projects and shall
1572	provide any technical and supporting information relating to the
1573	use of such materials as is available to the department.
1574	(f)  The task force shall report its findings to the
1575	Governor, the President of the Senate, and the Speaker of the
1576	House of Representatives by February 1, 2008. The report must
1577	identify locations with significant concentrations of
1578	construction aggregate materials and recommend actions intended
1579	to ensure the continued extraction and availability of
1580	construction aggregate materials.
1581	(g)  The task force shall be dissolved on July 1, 2008.
1582	Section 23.  Section 337.026, Florida Statutes, is created
1583	to read:
1584	337.026  Authority of department to enter into agreements
1585	for construction aggregate materials.--
1586	(1)  The department may pursue innovative contractual or
1587	engineering techniques that will provide the department with
1588	reliable and economic supplies of construction aggregate
1589	materials and control time and cost increases on construction
1590	projects.
1591	(2)  The department may enter into agreements with private
1592	or public entities. Such agreements may include, but are not
1593	limited to, department acquisition of materials or resources or
1594	long-term leases for a term not to exceed 99 years that will
1595	advance the state's transportation needs.
1596	(3)  To the maximum extent practical, the department must
1597	use the existing process to award and administer such innovative
1598	contractual or engineering techniques. When specific contractual
1599	or engineering techniques are to be used, the department is not
1600	required to adhere to provisions of law that would prevent,
1601	preclude, or prohibit it from using the contractual or
1602	engineering technique. However, prior to using an innovative
1603	contractual or engineering technique that is inconsistent with
1604	another provision of law, the department must document in
1605	writing the need for the exception and identify the benefits the
1606	traveling public and the affected community are anticipated to
1607	receive.
1608	Section 24.  Paragraph (a) of subsection (3) of section
1609	337.11, Florida Statutes, is amended to read:
1610	337.11  Contracting authority of department; bids;
1611	emergency repairs, supplemental agreements, and change orders;
1612	combined design and construction contracts; progress payments;
1613	records; requirements of vehicle registration.--
1614	(3)(a)  On all construction contracts of $250,000 or less,
1615	and any construction contract of less than $500,000 for which
1616	the department has waived prequalification under s. 337.14, the
1617	department shall advertise for bids in a newspaper having
1618	general circulation in the county where the proposed work is
1619	located. Publication shall be at least once a week for no less
1620	than 2 consecutive weeks, and the first publication shall be no
1621	less than 14 days prior to the date on which bids are to be
1622	received.
1623	Section 25.  Subsection (1) of section 337.14, Florida
1624	Statutes, is amended to read:
1625	337.14  Application for qualification; certificate of
1626	qualification; restrictions; request for hearing.--
1627	(1)  Any person desiring to bid for the performance of any
1628	construction contract in excess of $250,000 which the department
1629	proposes to let must first be certified by the department as
1630	qualified pursuant to this section and rules of the department.
1631	The rules of the department shall address the qualification of
1632	persons to bid on construction contracts in excess of $250,000
1633	and shall include requirements with respect to the equipment,
1634	past record, experience, financial resources, and organizational
1635	personnel of the applicant necessary to perform the specific
1636	class of work for which the person seeks certification. The
1637	department is authorized to limit the dollar amount of any
1638	contract upon which a person is qualified to bid or the
1639	aggregate total dollar volume of contracts such person is
1640	allowed to have under contract at any one time. Each applicant
1641	seeking qualification to bid on construction contracts in excess
1642	of $250,000 shall furnish the department a statement under oath,
1643	on such forms as the department may prescribe, setting forth
1644	detailed information as required on the application. Each
1645	application for certification shall be accompanied by the latest
1646	annual financial statement of the applicant completed within the
1647	last 12 months. If the annual financial statement shows the
1648	financial condition of the applicant more than 4 months prior to
1649	the date on which the application is received by the department,
1650	then an interim financial statement must also be submitted. The
1651	interim financial statement must cover the period from the end
1652	date of the annual statement and must show the financial
1653	condition of the applicant no more than 4 months prior to the
1654	date on which the application is received by the department.
1655	Each required annual or interim financial statement must be
1656	audited and accompanied by the opinion of a certified public
1657	accountant or a public accountant approved by the department.
1658	The information required by this subsection is confidential and
1659	exempt from the provisions of s. 119.07(1).  The department
1660	shall act upon the application for qualification within 30 days
1661	after the department determines that the application is
1662	complete. The department may waive the requirements of this
1663	subsection for projects having a contract price of $500,000 or
1664	less if the department determines that the project is of a
1665	noncritical nature and the waiver will not endanger public
1666	health, safety, or property.
1667	Section 26.  Paragraph (a) of subsection (1) of section
1668	337.18, Florida Statutes, is amended to read:
1669	337.18  Surety bonds for construction or maintenance
1670	contracts; requirement with respect to contract award; bond
1671	requirements; defaults; damage assessments.--
1672	(1)(a)  A surety bond shall be required of the successful
1673	bidder in an amount equal to the awarded contract price.
1674	However, the department may choose, in its discretion and
1675	applicable only to multiyear maintenance contracts, to allow for
1676	incremental annual contract bonds that cumulatively total the
1677	full, awarded, multiyear contract price. For a project for which
1678	the contract price is $250,000 $150,000 or less, the department
1679	may waive the requirement for all or a portion of a surety bond
1680	if it determines the project is of a noncritical nature and
1681	nonperformance will not endanger public health, safety, or
1682	property. If the secretary or his designee determines that it is
1683	in the best interests of the department to reduce the bonding
1684	requirement for a project and that to do so will not endanger
1685	public health, safety, or property, the department may waive the
1686	requirement of a surety bond in an amount equal to the awarded
1687	contract price for a project having a contract price of $250
1688	million or more and, in its place, may set a surety bond amount
1689	that is a portion of the total contract price and provide an
1690	alternate means of security for the balance of the contract
1691	amount that is not covered by the surety bond or provide for
1692	incremental surety bonding and provide an alternate means of
1693	security for the balance of the contract amount that is not
1694	covered by the surety bond. Such alternative means of security
1695	may include letters of credit, United States bonds and notes,
1696	parent company guarantees, and cash collateral. The department
1697	may require alternate means of security if a surety bond is
1698	waived. The surety on such bond shall be a surety company
1699	authorized to do business in the state. All bonds shall be
1700	payable to the department and conditioned for the prompt,
1701	faithful, and efficient performance of the contract according to
1702	plans and specifications and within the time period specified,
1703	and for the prompt payment of all persons defined in s. 713.01
1704	furnishing labor, material, equipment, and supplies for work
1705	provided in the contract; however, whenever an improvement,
1706	demolition, or removal contract price is $25,000 or less, the
1707	security may, in the discretion of the bidder, be in the form of
1708	a cashier's check, bank money order of any state or national
1709	bank, certified check, or postal money order. The department
1710	shall adopt rules to implement this subsection. Such rules shall
1711	include provisions under which the department shall refuse to
1712	accept bonds on contracts when a surety wrongfully fails or
1713	refuses to settle or provide a defense for claims or actions
1714	arising under a contract for which the surety previously
1715	furnished a bond.
1716	Section 27.  Subsection (1) of section 338.155, Florida
1717	Statutes, is amended to read:
1718	338.155  Payment of toll on toll facilities required;
1719	exemptions.--
1720	(1)  No persons are permitted to use any toll facility
1721	without payment of tolls, except employees of the agency
1722	operating the toll project when using the toll facility on
1723	official state business, state military personnel while on
1724	official military business, handicapped persons as provided in
1725	this section, persons exempt from toll payment by the
1726	authorizing resolution for bonds issued to finance the facility,
1727	and persons exempt on a temporary basis where use of such toll
1728	facility is required as a detour route. Any law enforcement
1729	officer operating a marked official vehicle is exempt from toll
1730	payment when on official law enforcement business. Any law
1731	enforcement officer operating an unmarked official vehicle may,
1732	at the discretion of the toll authority, be exempt from toll
1733	payment when on official law enforcement business. Any person
1734	operating a fire vehicle when on official business or a rescue
1735	vehicle when on official business is exempt from toll payment.
1736	Any person participating in the funeral procession of a law
1737	enforcement officer or firefighter killed in the line of duty is
1738	exempt from toll payment. The secretary, or the secretary's
1739	designee, may suspend the payment of tolls on a toll facility
1740	when necessary to assist in emergency evacuation. The failure to
1741	pay a prescribed toll constitutes a noncriminal traffic
1742	infraction, punishable as a moving violation pursuant to s.
1743	318.18. The department is authorized to adopt rules relating to
1744	guaranteed toll accounts.
1745	Section 28.  Subsection (3) is added to section 338.161,
1746	Florida Statutes, to read:
1747	338.161  Authority of department or toll agencies to
1748	advertise and promote electronic toll collection; expanded uses
1749	of electronic toll collection system; studies authorized.--
1750	(3)(a)  The department or any toll agency created by
1751	statute may incur expenses to advertise or promote its
1752	electronic toll collection system to consumers on or off the
1753	turnpike or toll system.
1754	(b)  If the department or any toll agency created by
1755	statute finds that it can increase nontoll revenues or add
1756	convenience or other value for its customers, the department or
1757	toll agency may enter into agreements with any private or public
1758	entity allowing the use of its electronic toll collection system
1759	to pay parking fees for vehicles equipped with a transponder or
1760	similar device. The department or toll agency may initiate
1761	feasibility studies of additional future uses of its electronic
1762	toll collection system and make recommendations to the
1763	Legislature to authorize such uses.
1764	Section 29.  Subsections (1), (3), and (4) of section
1765	338.2275, Florida Statutes, are amended to read:
1766	338.2275  Approved turnpike projects.--
1767	(1)  Legislative approval of the department's tentative
1768	work program that contains the turnpike project constitutes
1769	approval to issue bonds as required by s. 11(f), Art. VII of the
1770	State Constitution. No more than $10 billion of bonds may be
1771	outstanding to fund approved turnpike projects. Turnpike
1772	projects approved to be included in future tentative work
1773	programs include, but are not limited to, projects contained in
1774	the 2003-2004 tentative work program. A maximum of $4.5 billion
1775	of bonds may be issued to fund approved turnpike projects.
1776	(3)  Subject to verification of economic feasibility by the
1777	department in accordance with s. 338.221(8), the department
1778	shall acquire the assets and assume the liabilities of the
1779	Sawgrass Expressway as a candidate project from the Broward
1780	County Expressway Authority. The agreement to acquire the
1781	Sawgrass Expressway shall be subject to the terms and covenants
1782	of the Broward County Expressway Authority Bond Series 1984 and
1783	1986A lease-purchase agreements and shall not act to the
1784	detriment of the bondholders nor decrease the quality of the
1785	bonds. The department shall provide for the cost of operations
1786	and maintenance expenses and for the replacement of future
1787	Broward County gasoline tax funds pledged for the payment of
1788	principal and interest on such bonds. The department shall
1789	repay, to the extent possible, Broward County gasoline tax funds
1790	used since July 6, 1988, for debt service on such bonds. For the
1791	purpose of calculating the economic feasibility of this project,
1792	the department is authorized to exclude operations and
1793	maintenance expenses accumulated between July 6, 1988, and the
1794	date of the agreement. Upon performance of all terms of the
1795	agreement between the parties, the Sawgrass Expressway will
1796	become a part of the turnpike system.
1797	(3)(4)  Bonds may not be issued to fund a turnpike project
1798	until the department has made a final determination that the
1799	project is economically feasible in accordance with s. 338.221,
1800	based on the most current information available.
1801	Section 30.  Subsections (3) and (6) of section 338.231,
1802	Florida Statutes, are amended to read:
1803	338.231  Turnpike tolls, fixing; pledge of tolls and other
1804	revenues.--The department shall at all times fix, adjust,
1805	charge, and collect such tolls for the use of the turnpike
1806	system as are required in order to provide a fund sufficient
1807	with other revenues of the turnpike system to pay the cost of
1808	maintaining, improving, repairing, and operating such turnpike
1809	system; to pay the principal of and interest on all bonds issued
1810	to finance or refinance any portion of the turnpike system as
1811	the same become due and payable; and to create reserves for all
1812	such purposes.
1813	(3)(a)  The department shall publish a proposed change in
1814	the toll rate for the use of an existing toll facility, in the
1815	manner provided for in s. 120.54, which will provide for public
1816	notice and the opportunity for a public hearing before the
1817	adoption of the proposed rate change. When the department is
1818	evaluating a proposed turnpike toll project under s. 338.223 and
1819	has determined that there is a high probability that the project
1820	will pass the test of economic feasibility predicated on
1821	proposed toll rates, the toll rate that is proposed to be
1822	charged after the project is constructed must be adopted during
1823	the planning and project development phase of the project, in
1824	the manner provided for in s. 120.54, including public notice
1825	and the opportunity for a public hearing. For such a new
1826	project, the toll rate becomes effective upon the opening of the
1827	project to traffic.
1828	(b)  The department may also fix, adjust, charge, and
1829	collect transaction fees and collection fees related to tolls
1830	not paid at the time the toll is incurred. The department shall
1831	publish its proposed fees in the manner provided for in s.
1832	120.54, which will provide for public notice and the opportunity
1833	for a public hearing before the adoption of the proposed fees.
1834	Any fee so established shall be added to the unpaid toll amount
1835	due and payable to the department.
1836	(6)  In each fiscal year while any of the bonds of the
1837	Broward County Expressway Authority series 1984 and series 1986-
1838	A remain outstanding, the department is authorized to pledge
1839	revenues from the turnpike system to the payment of principal
1840	and interest of such series of bonds, the repayment of Broward
1841	County gasoline tax funds as provided in s. 338.2275(3), and the
1842	operation and maintenance expenses of the Sawgrass Expressway,
1843	to the extent gross toll revenues of the Sawgrass Expressway are
1844	insufficient to make such payments. The terms of an agreement
1845	relative to the pledge of turnpike system revenue will be
1846	negotiated with the parties of the 1984 and 1986 Broward County
1847	Expressway Authority lease-purchase agreements, and subject to
1848	the covenants of those agreements. The agreement shall establish
1849	that the Sawgrass Expressway shall be subject to the planning,
1850	management, and operating control of the department limited only
1851	by the terms of the lease-purchase agreements. The department
1852	shall provide for the payment of operation and maintenance
1853	expenses of the Sawgrass Expressway until such agreement is in
1854	effect. This pledge of turnpike system revenues shall be
1855	subordinate to the debt service requirements of any future issue
1856	of turnpike bonds, the payment of turnpike system operation and
1857	maintenance expenses, and subject to provisions of any
1858	subsequent resolution or trust indenture relating to the
1859	issuance of such turnpike bonds.
1860	Section 31.  Section 339.175, Florida Statutes, is amended
1861	to read:
1862	339.175  Metropolitan planning organization.--
1863	(1)  PURPOSE.--It is the intent of the Legislature to
1864	encourage and promote the safe and efficient management,
1865	operation, and development of surface transportation systems
1866	that will serve the mobility needs of people and freight and
1867	foster economic growth and development within and through
1868	urbanized areas of this state while minimizing transportation-
1869	related fuel consumption and air pollution through metropolitan
1870	transportation planning processes identified in this section. To
1871	accomplish these objectives, metropolitan planning
1872	organizations, referred to in this section as M.P.O.'s, shall
1873	develop, in cooperation with the state and public transit
1874	operators, transportation plans and programs for metropolitan
1875	areas. The plans and programs for each metropolitan area must
1876	provide for the development and integrated management and
1877	operation of transportation systems and facilities, including
1878	pedestrian walkways and bicycle transportation facilities that
1879	will function as an intermodal transportation system for the
1880	metropolitan area, based upon the prevailing principles provided
1881	in s. 334.046(1). The process for developing such plans and
1882	programs shall provide for consideration of all modes of
1883	transportation and shall be continuing, cooperative, and
1884	comprehensive, to the degree appropriate, based on the
1885	complexity of the transportation problems to be addressed. To
1886	ensure that the process is integrated with the statewide
1887	planning process, M.P.O.'s shall develop plans and programs that
1888	identify transportation facilities that should function as an
1889	integrated metropolitan transportation system, giving emphasis
1890	to facilities that serve important national, state, and regional
1891	transportation functions. For the purposes of this section,
1892	those facilities include the facilities on the Strategic
1893	Intermodal System designated under s. 339.63 and facilities for
1894	which projects have been identified pursuant to s. 339.2819(4).
1895	(2)(1)  DESIGNATION.--
1896	(a)1.  An M.P.O. shall be designated for each urbanized
1897	area of the state; however, this does not require that an
1898	individual M.P.O. be designated for each such area. Such
1899	designation shall be accomplished by agreement between the
1900	Governor and units of general-purpose local government
1901	representing at least 75 percent of the population of the
1902	urbanized area; however, the unit of general-purpose local
1903	government that represents the central city or cities within the
1904	M.P.O. jurisdiction, as defined by the United States Bureau of
1905	the Census, must be a party to such agreement.
1906	2.  More than one M.P.O. may be designated within an
1907	existing metropolitan planning area only if the Governor and the
1908	existing M.P.O. determine that the size and complexity of the
1909	existing metropolitan planning area makes the designation of
1910	more than one M.P.O. for the area appropriate.
1911	(b)  Each M.P.O. designated in a manner prescribed by Title
1912	23 U.S.C. shall be created and operated under the provisions of
1913	this section pursuant to an interlocal agreement entered into
1914	pursuant to s. 163.01. The signatories to the interlocal
1915	agreement shall be the department and the governmental entities
1916	designated by the Governor for membership on the M.P.O. Each
1917	M.P.O. shall be considered separate from the state or the
1918	governing body of a local government that is represented on the
1919	governing board of the M.P.O. or that is a signatory to the
1920	interlocal agreement creating the M.P.O. and shall have such
1921	powers and privileges as are provided under s. 163.01. If there
1922	is a conflict between this section and s. 163.01, this section
1923	prevails.
1924	(c)  The jurisdictional boundaries of an M.P.O. shall be
1925	determined by agreement between the Governor and the applicable
1926	M.P.O. The boundaries must include at least the metropolitan
1927	planning area, which is the existing urbanized area and the
1928	contiguous area expected to become urbanized within a 20-year
1929	forecast period, and may encompass the entire metropolitan
1930	statistical area or the consolidated metropolitan statistical
1931	area.
1932	(d)  In the case of an urbanized area designated as a
1933	nonattainment area for ozone or carbon monoxide under the Clean
1934	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
1935	metropolitan planning area in existence as of the date of
1936	enactment of this paragraph shall be retained, except that the
1937	boundaries may be adjusted by agreement of the Governor and
1938	affected metropolitan planning organizations in the manner
1939	described in this section. If more than one M.P.O. has authority
1940	within a metropolitan area or an area that is designated as a
1941	nonattainment area, each M.P.O. shall consult with other
1942	M.P.O.'s designated for such area and with the state in the
1943	coordination of plans and programs required by this section.
1944	(e)  The governing body of the M.P.O. shall designate, at a
1945	minimum, a chair, vice chair, and agency clerk. The chair and
1946	vice chair shall be selected from among the member delegates
1947	comprising the governing board. The agency clerk shall be
1948	charged with the responsibility of preparing meeting minutes and
1949	maintaining agency records. The clerk shall be a member of the
1950	M.P.O. governing board, an employee of the M.P.O., or other
1951	natural person.
1952
1953	Each M.P.O. required under this section must be fully operative
1954	no later than 6 months following its designation.
1955	(3)(2)  VOTING MEMBERSHIP.--
1956	(a)  The voting membership of an M.P.O. shall consist of
1957	not fewer than 5 or more than 19 apportioned members, the exact
1958	number to be determined on an equitable geographic-population
1959	ratio basis by the Governor, based on an agreement among the
1960	affected units of general-purpose local government as required
1961	by federal rules and regulations. The Governor, in accordance
1962	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
1963	represent municipalities to alternate with representatives from
1964	other municipalities within the metropolitan planning area that
1965	do not have members on the M.P.O. County commission members
1966	shall compose not less than one-third of the M.P.O. membership,
1967	except for an M.P.O. with more than 15 members located in a
1968	county with a 5-member five-member county commission or an
1969	M.P.O. with 19 members located in a county with no more than 6
1970	county commissioners, in which case county commission members
1971	may compose less than one-third percent of the M.P.O.
1972	membership, but all county commissioners must be members. All
1973	voting members shall be elected officials of general-purpose
1974	local governments, except that an M.P.O. may include, as part of
1975	its apportioned voting members, a member of a statutorily
1976	authorized planning board, an official of an agency that
1977	operates or administers a major mode of transportation, or an
1978	official of the Florida Space Authority. As used in this
1979	section, the term "elected officials of a general-purpose local
1980	government" shall exclude constitutional officers, including
1981	sheriffs, tax collectors, supervisors of elections, property
1982	appraisers, clerks of the court, and similar types of officials.
1983	County commissioners The county commission shall compose not
1984	less than 20 percent of the M.P.O. membership if an official of
1985	an agency that operates or administers a major mode of
1986	transportation has been appointed to an M.P.O.
1987	(b)  In metropolitan areas in which authorities or other
1988	agencies have been or may be created by law to perform
1989	transportation functions and are performing transportation
1990	functions that are not under the jurisdiction of a general-
1991	purpose general purpose local government represented on the
1992	M.P.O., they shall be provided voting membership on the M.P.O.
1993	In all other M.P.O.'s where transportation authorities or
1994	agencies are to be represented by elected officials from
1995	general-purpose general purpose local governments, the M.P.O.
1996	shall establish a process by which the collective interests of
1997	such authorities or other agencies are expressed and conveyed.
1998	(c)  Any other provision of this section to the contrary
1999	notwithstanding, a chartered county with over 1 million
2000	population may elect to reapportion the membership of an M.P.O.
2001	whose jurisdiction is wholly within the county. The charter
2002	county may exercise the provisions of this paragraph if:
2003	1.  The M.P.O. approves the reapportionment plan by a
2004	three-fourths vote of its membership;
2005	2.  The M.P.O. and the charter county determine that the
2006	reapportionment plan is needed to fulfill specific goals and
2007	policies applicable to that metropolitan planning area; and
2008	3.  The charter county determines the reapportionment plan
2009	otherwise complies with all federal requirements pertaining to
2010	M.P.O. membership.
2011
2012	Any charter county that elects to exercise the provisions of
2013	this paragraph shall notify the Governor in writing.
2014	(d)  Any other provision of this section to the contrary
2015	notwithstanding, any county chartered under s. 6(e), Art. VIII
2016	of the State Constitution may elect to have its county
2017	commission serve as the M.P.O., if the M.P.O. jurisdiction is
2018	wholly contained within the county. Any charter county that
2019	elects to exercise the provisions of this paragraph shall so
2020	notify the Governor in writing. Upon receipt of such
2021	notification, the Governor must designate the county commission
2022	as the M.P.O. The Governor must appoint four additional voting
2023	members to the M.P.O., one of whom must be an elected official
2024	representing a municipality within the county, one of whom must
2025	be an expressway authority member, one of whom must be a person
2026	who does not hold elected public office and who resides in the
2027	unincorporated portion of the county, and one of whom must be a
2028	school board member.
2029	(4)(3)  APPORTIONMENT.--
2030	(a)  The Governor shall, with the agreement of the affected
2031	units of general-purpose local government as required by federal
2032	rules and regulations, apportion the membership on the
2033	applicable M.P.O. among the various governmental entities within
2034	the area. At the request of a majority of the affected units of
2035	general-purpose local government comprising an M.P.O., the
2036	Governor and a majority of units of general-purpose local
2037	government serving on an M.P.O. shall cooperatively agree upon
2038	and prescribe who may serve as an alternate member and shall
2039	prescribe a method for appointing alternate members who may vote
2040	at any M.P.O. meeting that an alternate member attends in place
2041	of a regular member. The method shall be set forth as a part of
2042	the interlocal agreement describing the M.P.O.'s membership or
2043	in the M.P.O.'s operating procedures and bylaws. An appointed
2044	alternate member must be an elected official serving the same
2045	governmental entity or a general-purpose local government with
2046	jurisdiction within all or part of the area that the regular
2047	member serves. The governmental entity so designated shall
2048	appoint the appropriate number of members to the M.P.O. from
2049	eligible officials. Representatives of the department shall
2050	serve as nonvoting members of the M.P.O. governing board.
2051	Nonvoting advisers may be appointed by the M.P.O. as deemed
2052	necessary; however, to the maximum extent feasible, each M.P.O.
2053	shall seek to appoint nonvoting representatives of various
2054	multimodal forms of transportation not otherwise represented by
2055	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
2056	advisers representing major military installations located
2057	within the jurisdictional boundaries of the M.P.O. upon the
2058	request of the aforesaid major military installations and
2059	subject to the agreement of the M.P.O. All nonvoting advisers
2060	may attend and participate fully in governing board meetings but
2061	shall not have a vote and shall not be members of the governing
2062	board. The Governor shall review the composition of the M.P.O.
2063	membership in conjunction with the decennial census as prepared
2064	by the United States Department of Commerce, Bureau of the
2065	Census, and reapportion it as necessary to comply with
2066	subsection (3) (2).
2067	(b)  Except for members who represent municipalities on the
2068	basis of alternating with representatives from other
2069	municipalities that do not have members on the M.P.O. as
2070	provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
2071	shall serve 4-year terms. Members who represent municipalities
2072	on the basis of alternating with representatives from other
2073	municipalities that do not have members on the M.P.O. as
2074	provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
2075	years as further provided in the interlocal agreement described
2076	in paragraph (2)(b) (1)(b). The membership of a member who is a
2077	public official automatically terminates upon the member's
2078	leaving his or her elective or appointive office for any reason,
2079	or may be terminated by a majority vote of the total membership
2080	of the entity's governing board a county or city governing
2081	entity represented by the member. A vacancy shall be filled by
2082	the original appointing entity. A member may be reappointed for
2083	one or more additional 4-year terms.
2084	(c)  If a governmental entity fails to fill an assigned
2085	appointment to an M.P.O. within 60 days after notification by
2086	the Governor of its duty to appoint, that appointment shall be
2087	made by the Governor from the eligible representatives of that
2088	governmental entity.
2089	(5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2090	responsibility of an M.P.O. is to manage a continuing,
2091	cooperative, and comprehensive transportation planning process
2092	that, based upon the prevailing principles provided in s.
2093	334.046(1), results in the development of plans and programs
2094	which are consistent, to the maximum extent feasible, with the
2095	approved local government comprehensive plans of the units of
2096	local government the boundaries of which are within the
2097	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2098	cooperative decisionmaking by officials of the affected
2099	governmental entities in the development of the plans and
2100	programs required by subsections (5), (6), (7), and (8), and
2101	(9).
2102	(6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2103	privileges, and authority of an M.P.O. are those specified in
2104	this section or incorporated in an interlocal agreement
2105	authorized under s. 163.01. Each M.P.O. shall perform all acts
2106	required by federal or state laws or rules, now and subsequently
2107	applicable, which are necessary to qualify for federal aid. It
2108	is the intent of this section that each M.P.O. shall be involved
2109	in the planning and programming of transportation facilities,
2110	including, but not limited to, airports, intercity and high-
2111	speed rail lines, seaports, and intermodal facilities, to the
2112	extent permitted by state or federal law.
2113	(a)  Each M.P.O. shall, in cooperation with the department,
2114	develop:
2115	1.  A long-range transportation plan pursuant to the
2116	requirements of subsection (7) (6);
2117	2.  An annually updated transportation improvement program
2118	pursuant to the requirements of subsection (8) (7); and
2119	3.  An annual unified planning work program pursuant to the
2120	requirements of subsection (9) (8).
2121	(b)  In developing the long-range transportation plan and
2122	the transportation improvement program required under paragraph
2123	(a), each M.P.O. shall provide for consideration of projects and
2124	strategies that will:
2125	1.  Support the economic vitality of the metropolitan area,
2126	especially by enabling global competitiveness, productivity, and
2127	efficiency;
2128	2.  Increase the safety and security of the transportation
2129	system for motorized and nonmotorized users;
2130	3.  Increase the accessibility and mobility options
2131	available to people and for freight;
2132	4.  Protect and enhance the environment, promote energy
2133	conservation, and improve quality of life;
2134	5.  Enhance the integration and connectivity of the
2135	transportation system, across and between modes, for people and
2136	freight;
2137	6.  Promote efficient system management and operation; and
2138	7.  Emphasize the preservation of the existing
2139	transportation system.
2140	(c)  In order to provide recommendations to the department
2141	and local governmental entities regarding transportation plans
2142	and programs, each M.P.O. shall:
2143	1.  Prepare a congestion management system for the
2144	metropolitan area and cooperate with the department in the
2145	development of all other transportation management systems
2146	required by state or federal law;
2147	2.  Assist the department in mapping transportation
2148	planning boundaries required by state or federal law;
2149	3.  Assist the department in performing its duties relating
2150	to access management, functional classification of roads, and
2151	data collection;
2152	4.  Execute all agreements or certifications necessary to
2153	comply with applicable state or federal law;
2154	5.  Represent all the jurisdictional areas within the
2155	metropolitan area in the formulation of transportation plans and
2156	programs required by this section; and
2157	6.  Perform all other duties required by state or federal
2158	law.
2159	(d)  Each M.P.O. shall appoint a technical advisory
2160	committee, the members of which shall serve at the pleasure of
2161	the M.P.O. The membership of the technical advisory committee
2162	must include, whenever possible, that includes planners;
2163	engineers; representatives of local aviation authorities, port
2164	authorities, and public transit authorities or representatives
2165	of aviation departments, seaport departments, and public transit
2166	departments of municipal or county governments, as applicable;
2167	the school superintendent of each county within the jurisdiction
2168	of the M.P.O. or the superintendent's designee; and other
2169	appropriate representatives of affected local governments. In
2170	addition to any other duties assigned to it by the M.P.O. or by
2171	state or federal law, the technical advisory committee is
2172	responsible for considering safe access to schools in its review
2173	of transportation project priorities, long-range transportation
2174	plans, and transportation improvement programs, and shall advise
2175	the M.P.O. on such matters. In addition, the technical advisory
2176	committee shall coordinate its actions with local school boards
2177	and other local programs and organizations within the
2178	metropolitan area which participate in school safety activities,
2179	such as locally established community traffic safety teams.
2180	Local school boards must provide the appropriate M.P.O. with
2181	information concerning future school sites and in the
2182	coordination of transportation service.
2183	(e)1.  Each M.P.O. shall appoint a citizens' advisory
2184	committee, the members of which serve at the pleasure of the
2185	M.P.O. The membership on the citizens' advisory committee must
2186	reflect a broad cross section of local residents with an
2187	interest in the development of an efficient, safe, and cost-
2188	effective transportation system. Minorities, the elderly, and
2189	the handicapped must be adequately represented.
2190	2.  Notwithstanding the provisions of subparagraph 1., an
2191	M.P.O. may, with the approval of the department and the
2192	applicable federal governmental agency, adopt an alternative
2193	program or mechanism to ensure citizen involvement in the
2194	transportation planning process.
2195	(f)  The department shall allocate to each M.P.O., for the
2196	purpose of accomplishing its transportation planning and
2197	programming duties, an appropriate amount of federal
2198	transportation planning funds.
2199	(g)  Each M.P.O. shall have an executive or staff director
2200	who reports directly to the M.P.O. governing board for all
2201	matters regarding the administration and operation of the M.P.O.
2202	and any additional personnel as deemed necessary. The executive
2203	director and any additional personnel may be employed either by
2204	an M.P.O. or by another governmental entity, such as a county,
2205	city, or regional planning council, that has a staff services
2206	agreement signed and in effect with the M.P.O. Each M.P.O. may
2207	employ personnel or may enter into contracts with local or state
2208	agencies, private planning firms, or private engineering firms,
2209	or other public or private entities to accomplish its
2210	transportation planning and programming duties and
2211	administrative functions required by state or federal law.
2212	(h)  In order to enhance their knowledge, effectiveness,
2213	and participation in the urbanized area transportation planning
2214	process, each M.P.O. shall provide training opportunities and
2215	training funds specifically for local elected officials and
2216	others who serve on an M.P.O. The training opportunities may be
2217	conducted by an individual M.P.O. or through statewide and
2218	federal training programs and initiatives that are specifically
2219	designed to meet the needs of M.P.O. board members.
2220	(i)(h)  A chair's coordinating committee is created,
2221	composed of the M.P.O.'s serving Hernando, Hillsborough,
2222	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
2223	committee must, at a minimum:
2224	1.  Coordinate transportation projects deemed to be
2225	regionally significant by the committee.
2226	2.  Review the impact of regionally significant land use
2227	decisions on the region.
2228	3.  Review all proposed regionally significant
2229	transportation projects in the respective transportation
2230	improvement programs which affect more than one of the M.P.O.'s
2231	represented on the committee.
2232	4.  Institute a conflict resolution process to address any
2233	conflict that may arise in the planning and programming of such
2234	regionally significant projects.
2235	(j)(i)1.  The Legislature finds that the state's rapid
2236	growth in recent decades has caused many urbanized areas subject
2237	to M.P.O. jurisdiction to become contiguous to each other. As a
2238	result, various transportation projects may cross from the
2239	jurisdiction of one M.P.O. into the jurisdiction of another
2240	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2241	have been mandated, M.P.O.'s shall develop coordination
2242	mechanisms with one another to expand and improve transportation
2243	within the state. The appropriate method of coordination between
2244	M.P.O.'s shall vary depending upon the project involved and
2245	given local and regional needs. Consequently, it is appropriate
2246	to set forth a flexible methodology that can be used by M.P.O.'s
2247	to coordinate with other M.P.O.'s and appropriate political
2248	subdivisions as circumstances demand.
2249	2.  Any M.P.O. may join with any other M.P.O. or any
2250	individual political subdivision to coordinate activities or to
2251	achieve any federal or state transportation planning or
2252	development goals or purposes consistent with federal or state
2253	law. When an M.P.O. determines that it is appropriate to join
2254	with another M.P.O. or any political subdivision to coordinate
2255	activities, the M.P.O. or political subdivision shall enter into
2256	an interlocal agreement pursuant to s. 163.01, which, at a
2257	minimum, creates a separate legal or administrative entity to
2258	coordinate the transportation planning or development activities
2259	required to achieve the goal or purpose; provides provide the
2260	purpose for which the entity is created; provides provide the
2261	duration of the agreement and the entity, and specifies specify
2262	how the agreement may be terminated, modified, or rescinded;
2263	describes describe the precise organization of the entity,
2264	including who has voting rights on the governing board, whether
2265	alternative voting members are provided for, how voting members
2266	are appointed, and what the relative voting strength is for each
2267	constituent M.P.O. or political subdivision; provides provide
2268	the manner in which the parties to the agreement will provide
2269	for the financial support of the entity and payment of costs and
2270	expenses of the entity; provides provide the manner in which
2271	funds may be paid to and disbursed from the entity; and provides
2272	provide how members of the entity will resolve disagreements
2273	regarding interpretation of the interlocal agreement or disputes
2274	relating to the operation of the entity. Such interlocal
2275	agreement shall become effective upon its recordation in the
2276	official public records of each county in which a member of the
2277	entity created by the interlocal agreement has a voting member.
2278	This paragraph does not require any M.P.O.'s to merge, combine,
2279	or otherwise join together as a single M.P.O.
2280	(7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2281	develop a long-range transportation plan that addresses at least
2282	a 20-year planning horizon. The plan must include both
2283	long-range and short-range strategies and must comply with all
2284	other state and federal requirements. The prevailing principles
2285	to be considered in the long-range transportation plan are:
2286	preserving the existing transportation infrastructure; enhancing
2287	Florida's economic competitiveness; and improving travel choices
2288	to ensure mobility. The long-range transportation plan must be
2289	consistent, to the maximum extent feasible, with future land use
2290	elements and the goals, objectives, and policies of the approved
2291	local government comprehensive plans of the units of local
2292	government located within the jurisdiction of the M.P.O. The
2293	approved long-range transportation plan must be considered by
2294	local governments in the development of the transportation
2295	elements in local government comprehensive plans and any
2296	amendments thereto. The long-range transportation plan must, at
2297	a minimum:
2298	(a)  Identify transportation facilities, including, but not
2299	limited to, major roadways, airports, seaports, spaceports,
2300	commuter rail systems, transit systems, and intermodal or
2301	multimodal terminals that will function as an integrated
2302	metropolitan transportation system. The long-range
2303	transportation plan must give emphasis to those transportation
2304	facilities that serve national, statewide, or regional
2305	functions, and must consider the goals and objectives identified
2306	in the Florida Transportation Plan as provided in s. 339.155. If
2307	a project is located within the boundaries of more than one
2308	M.P.O., the M.P.O.'s must coordinate plans regarding the project
2309	in the long-range transportation plan.
2310	(b)  Include a financial plan that demonstrates how the
2311	plan can be implemented, indicating resources from public and
2312	private sources which are reasonably expected to be available to
2313	carry out the plan, and recommends any additional financing
2314	strategies for needed projects and programs. The financial plan
2315	may include, for illustrative purposes, additional projects that
2316	would be included in the adopted long-range transportation plan
2317	if reasonable additional resources beyond those identified in
2318	the financial plan were available. For the purpose of developing
2319	the long-range transportation plan, the M.P.O. and the
2320	department shall cooperatively develop estimates of funds that
2321	will be available to support the plan implementation. Innovative
2322	financing techniques may be used to fund needed projects and
2323	programs. Such techniques may include the assessment of tolls,
2324	the use of value capture financing, or the use of value pricing.
2325	(c)  Assess capital investment and other measures necessary
2326	to:
2327	1.  Ensure the preservation of the existing metropolitan
2328	transportation system including requirements for the operation,
2329	resurfacing, restoration, and rehabilitation of major roadways
2330	and requirements for the operation, maintenance, modernization,
2331	and rehabilitation of public transportation facilities; and
2332	2.  Make the most efficient use of existing transportation
2333	facilities to relieve vehicular congestion and maximize the
2334	mobility of people and goods.
2335	(d)  Indicate, as appropriate, proposed transportation
2336	enhancement activities, including, but not limited to,
2337	pedestrian and bicycle facilities, scenic easements,
2338	landscaping, historic preservation, mitigation of water
2339	pollution due to highway runoff, and control of outdoor
2340	advertising.
2341	(e)  In addition to the requirements of paragraphs (a)-(d),
2342	in metropolitan areas that are classified as nonattainment areas
2343	for ozone or carbon monoxide, the M.P.O. must coordinate the
2344	development of the long-range transportation plan with the State
2345	Implementation Plan developed pursuant to the requirements of
2346	the federal Clean Air Act.
2347
2348	In the development of its long-range transportation plan, each
2349	M.P.O. must provide the public, affected public agencies,
2350	representatives of transportation agency employees, freight
2351	shippers, providers of freight transportation services, private
2352	providers of transportation, representatives of users of public
2353	transit, and other interested parties with a reasonable
2354	opportunity to comment on the long-range transportation plan.
2355	The long-range transportation plan must be approved by the
2356	M.P.O.
2357	(8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2358	shall, in cooperation with the state and affected public
2359	transportation operators, develop a transportation improvement
2360	program for the area within the jurisdiction of the M.P.O. In
2361	the development of the transportation improvement program, each
2362	M.P.O. must provide the public, affected public agencies,
2363	representatives of transportation agency employees, freight
2364	shippers, providers of freight transportation services, private
2365	providers of transportation, representatives of users of public
2366	transit, and other interested parties with a reasonable
2367	opportunity to comment on the proposed transportation
2368	improvement program.
2369	(a)  Each M.P.O. is responsible for developing, annually, a
2370	list of project priorities and a transportation improvement
2371	program. The prevailing principles to be considered by each
2372	M.P.O. when developing a list of project priorities and a
2373	transportation improvement program are: preserving the existing
2374	transportation infrastructure; enhancing Florida's economic
2375	competitiveness; and improving travel choices to ensure
2376	mobility. The transportation improvement program will be used to
2377	initiate federally aided transportation facilities and
2378	improvements as well as other transportation facilities and
2379	improvements including transit, rail, aviation, spaceport, and
2380	port facilities to be funded from the State Transportation Trust
2381	Fund within its metropolitan area in accordance with existing
2382	and subsequent federal and state laws and rules and regulations
2383	related thereto. The transportation improvement program shall be
2384	consistent, to the maximum extent feasible, with the approved
2385	local government comprehensive plans of the units of local
2386	government whose boundaries are within the metropolitan area of
2387	the M.P.O. and include those projects programmed pursuant to s.
2388	339.2819(4).
2389	(b)  Each M.P.O. annually shall prepare a list of project
2390	priorities and shall submit the list to the appropriate district
2391	of the department by October 1 of each year; however, the
2392	department and a metropolitan planning organization may, in
2393	writing, agree to vary this submittal date. The list of project
2394	priorities must be formally reviewed by the technical and
2395	citizens' advisory committees, and approved by the M.P.O.,
2396	before it is transmitted to the district. The approved list of
2397	project priorities must be used by the district in developing
2398	the district work program and must be used by the M.P.O. in
2399	developing its transportation improvement program. The annual
2400	list of project priorities must be based upon project selection
2401	criteria that, at a minimum, consider the following:
2402	1.  The approved M.P.O. long-range transportation plan;
2403	2.  The Strategic Intermodal System Plan developed under s.
2404	339.64.
2405	3.  The priorities developed pursuant to s. 339.2819(4).
2406	4.  The results of the transportation management systems;
2407	and
2408	5.  The M.P.O.'s public-involvement procedures.
2409	(c)  The transportation improvement program must, at a
2410	minimum:
2411	1.  Include projects and project phases to be funded with
2412	state or federal funds within the time period of the
2413	transportation improvement program and which are recommended for
2414	advancement during the next fiscal year and 4 subsequent fiscal
2415	years. Such projects and project phases must be consistent, to
2416	the maximum extent feasible, with the approved local government
2417	comprehensive plans of the units of local government located
2418	within the jurisdiction of the M.P.O. For informational
2419	purposes, the transportation improvement program shall also
2420	include a list of projects to be funded from local or private
2421	revenues.
2422	2.  Include projects within the metropolitan area which are
2423	proposed for funding under 23 U.S.C. s. 134 of the Federal
2424	Transit Act and which are consistent with the long-range
2425	transportation plan developed under subsection (7) (6).
2426	3.  Provide a financial plan that demonstrates how the
2427	transportation improvement program can be implemented; indicates
2428	the resources, both public and private, that are reasonably
2429	expected to be available to accomplish the program; identifies
2430	any innovative financing techniques that may be used to fund
2431	needed projects and programs; and may include, for illustrative
2432	purposes, additional projects that would be included in the
2433	approved transportation improvement program if reasonable
2434	additional resources beyond those identified in the financial
2435	plan were available. Innovative financing techniques may include
2436	the assessment of tolls, the use of value capture financing, or
2437	the use of value pricing. The transportation improvement program
2438	may include a project or project phase only if full funding can
2439	reasonably be anticipated to be available for the project or
2440	project phase within the time period contemplated for completion
2441	of the project or project phase.
2442	4.  Group projects and project phases of similar urgency
2443	and anticipated staging into appropriate staging periods.
2444	5.  Indicate how the transportation improvement program
2445	relates to the long-range transportation plan developed under
2446	subsection (7) (6), including providing examples of specific
2447	projects or project phases that further the goals and policies
2448	of the long-range transportation plan.
2449	6.  Indicate whether any project or project phase is
2450	inconsistent with an approved comprehensive plan of a unit of
2451	local government located within the jurisdiction of the M.P.O.
2452	If a project is inconsistent with an affected comprehensive
2453	plan, the M.P.O. must provide justification for including the
2454	project in the transportation improvement program.
2455	7.  Indicate how the improvements are consistent, to the
2456	maximum extent feasible, with affected seaport, airport, and
2457	spaceport master plans and with public transit development plans
2458	of the units of local government located within the jurisdiction
2459	of the M.P.O. If a project is located within the boundaries of
2460	more than one M.P.O., the M.P.O.'s must coordinate plans
2461	regarding the project in the transportation improvement program.
2462	(d)  Projects included in the transportation improvement
2463	program and that have advanced to the design stage of
2464	preliminary engineering may be removed from or rescheduled in a
2465	subsequent transportation improvement program only by the joint
2466	action of the M.P.O. and the department. Except when recommended
2467	in writing by the district secretary for good cause, any project
2468	removed from or rescheduled in a subsequent transportation
2469	improvement program shall not be rescheduled by the M.P.O. in
2470	that subsequent program earlier than the 5th year of such
2471	program.
2472	(e)  During the development of the transportation
2473	improvement program, the M.P.O. shall, in cooperation with the
2474	department and any affected public transit operation, provide
2475	citizens, affected public agencies, representatives of
2476	transportation agency employees, freight shippers, providers of
2477	freight transportation services, private providers of
2478	transportation, representatives of users of public transit, and
2479	other interested parties with reasonable notice of and an
2480	opportunity to comment on the proposed program.
2481	(f)  The adopted annual transportation improvement program
2482	for M.P.O.'s in nonattainment or maintenance areas must be
2483	submitted to the district secretary and the Department of
2484	Community Affairs at least 90 days before the submission of the
2485	state transportation improvement program by the department to
2486	the appropriate federal agencies. The annual transportation
2487	improvement program for M.P.O.'s in attainment areas must be
2488	submitted to the district secretary and the Department of
2489	Community Affairs at least 45 days before the department submits
2490	the state transportation improvement program to the appropriate
2491	federal agencies; however, the department, the Department of
2492	Community Affairs, and a metropolitan planning organization may,
2493	in writing, agree to vary this submittal date. The Governor or
2494	the Governor's designee shall review and approve each
2495	transportation improvement program and any amendments thereto.
2496	(g)  The Department of Community Affairs shall review the
2497	annual transportation improvement program of each M.P.O. for
2498	consistency with the approved local government comprehensive
2499	plans of the units of local government whose boundaries are
2500	within the metropolitan area of each M.P.O. and shall identify
2501	those projects that are inconsistent with such comprehensive
2502	plans. The Department of Community Affairs shall notify an
2503	M.P.O. of any transportation projects contained in its
2504	transportation improvement program which are inconsistent with
2505	the approved local government comprehensive plans of the units
2506	of local government whose boundaries are within the metropolitan
2507	area of the M.P.O.
2508	(h)  The M.P.O. shall annually publish or otherwise make
2509	available for public review the annual listing of projects for
2510	which federal funds have been obligated in the preceding year.
2511	Project monitoring systems must be maintained by those agencies
2512	responsible for obligating federal funds and made accessible to
2513	the M.P.O.'s.
2514	(9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2515	develop, in cooperation with the department and public
2516	transportation providers, a unified planning work program that
2517	lists all planning tasks to be undertaken during the program
2518	year. The unified planning work program must provide a complete
2519	description of each planning task and an estimated budget
2520	therefor and must comply with applicable state and federal law.
2521	(10)(9)  AGREEMENTS.--
2522	(a)  Each M.P.O. shall execute the following written
2523	agreements, which shall be reviewed, and updated as necessary,
2524	every 5 years:
2525	1.  An agreement with the department clearly establishing
2526	the cooperative relationship essential to accomplish the
2527	transportation planning requirements of state and federal law.
2528	2.  An agreement with the metropolitan and regional
2529	intergovernmental coordination and review agencies serving the
2530	metropolitan areas, specifying the means by which activities
2531	will be coordinated and how transportation planning and
2532	programming will be part of the comprehensive planned
2533	development of the area.
2534	3.  An agreement with operators of public transportation
2535	systems, including transit systems, commuter rail systems,
2536	airports, seaports, and spaceports, describing the means by
2537	which activities will be coordinated and specifying how public
2538	transit, commuter rail, aviation, seaport, and aerospace
2539	planning and programming will be part of the comprehensive
2540	planned development of the metropolitan area.
2541	(b)  An M.P.O. may execute other agreements required by
2542	state or federal law or as necessary to properly accomplish its
2543	functions.
2544	(11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
2545	COUNCIL.--
2546	(a)  A Metropolitan Planning Organization Advisory Council
2547	is created to augment, and not supplant, the role of the
2548	individual M.P.O.'s in the cooperative transportation planning
2549	process described in this section.
2550	(b)  The council shall consist of one representative from
2551	each M.P.O. and shall elect a chairperson annually from its
2552	number. Each M.P.O. shall also elect an alternate representative
2553	from each M.P.O. to vote in the absence of the representative.
2554	Members of the council do not receive any compensation for their
2555	services, but may be reimbursed from funds made available to
2556	council members for travel and per diem expenses incurred in the
2557	performance of their council duties as provided in s. 112.061.
2558	(c)  The powers and duties of the Metropolitan Planning
2559	Organization Advisory Council are to:
2560	1.  Enter into contracts with individuals, private
2561	corporations, and public agencies.
2562	2.  Acquire, own, operate, maintain, sell, or lease
2563	personal property essential for the conduct of business.
2564	3.  Accept funds, grants, assistance, gifts, or bequests
2565	from private, local, state, or federal sources.
2566	4.  Establish bylaws and adopt rules pursuant to ss.
2567	120.536(1) and 120.54 to implement provisions of law conferring
2568	powers or duties upon it.
2569	5.  Assist M.P.O.'s in carrying out the urbanized area
2570	transportation planning process by serving as the principal
2571	forum for collective policy discussion pursuant to law.
2572	6.  Serve as a clearinghouse for review and comment by
2573	M.P.O.'s on the Florida Transportation Plan and on other issues
2574	required to comply with federal or state law in carrying out the
2575	urbanized area transportation and systematic planning processes
2576	instituted pursuant to s. 339.155.
2577	7.  Employ an executive director and such other staff as
2578	necessary to perform adequately the functions of the council,
2579	within budgetary limitations. The executive director and staff
2580	are exempt from part II of chapter 110 and serve at the
2581	direction and control of the council. The council is assigned to
2582	the Office of the Secretary of the Department of Transportation
2583	for fiscal and accountability purposes, but it shall otherwise
2584	function independently of the control and direction of the
2585	department.
2586	8.  Adopt an agency strategic plan that provides the
2587	priority directions the agency will take to carry out its
2588	mission within the context of the state comprehensive plan and
2589	any other statutory mandates and directions given to the agency.
2590	(12)(11)  APPLICATION OF FEDERAL LAW.--Upon notification by
2591	an agency of the Federal Government that any provision of this
2592	section conflicts with federal laws or regulations, such federal
2593	laws or regulations will take precedence to the extent of the
2594	conflict until such conflict is resolved. The department or an
2595	M.P.O. may take any necessary action to comply with such federal
2596	laws and regulations or to continue to remain eligible to
2597	receive federal funds.
2598	(13)(12)  VOTING REQUIREMENTS.--Each long-range
2599	transportation plan required pursuant to subsection (7) (6),
2600	each annually updated Transportation Improvement Program
2601	required under subsection (8) (7), and each amendment that
2602	affects projects in the first 3 years of such plans and programs
2603	must be approved by each M.P.O. on a recorded roll call vote, or
2604	hand-counted vote, of a majority of the membership present.
2605	Section 32.  Subsection (2) of section 339.2819, Florida
2606	Statutes, is amended to read:
2607	339.2819  Transportation Regional Incentive Program.--
2608	(2)  The percentage of matching funds provided from the
2609	Transportation Regional Incentive Program shall be 50 percent of
2610	project costs, or up to 50 percent of the nonfederal share of
2611	the eligible project cost for a public transportation facility
2612	project.
2613	Section 33.  Section 339.282, Florida Statutes, is created
2614	to read:
2615	339.282  Transportation concurrency incentives.--The
2616	Legislature finds that allowing private-sector entities to
2617	finance, construct, and improve public transportation facilities
2618	can provide significant benefits to the citizens of this state
2619	by facilitating transportation of the general public without the
2620	need for additional public tax revenues. In order to encourage
2621	the more efficient and proactive provision of transportation
2622	improvements by the private sector, if a developer or property
2623	owner voluntarily contributes right-of-way and physically
2624	constructs or expands a state transportation facility or segment
2625	and such construction or expansion improves traffic flow,
2626	capacity, or safety, the voluntary contribution may be applied
2627	as a credit for that property owner or developer against any
2628	future transportation concurrency requirement pursuant to
2629	chapter 163, provided such contributions and credits are set
2630	forth in a legally binding agreement executed by the property
2631	owner or developer, the local government within whose
2632	jurisdiction the facility is located, and the department. If the
2633	developer or property owner voluntarily contributes right-of-way
2634	and physically constructs or expands a local government facility
2635	or segment and such construction or expansion meets the
2636	requirements in this section and in a legally binding agreement
2637	between the property owner or developer and the applicable local
2638	government, the contribution to the local government collector
2639	and the arterial system may be applied as credit against any
2640	future transportation concurrency requirements within the
2641	jurisdiction pursuant to chapter 163.
2642	Section 34.  Subsection (4) of section 339.55, Florida
2643	Statutes, is amended, and paragraph (c) is added to subsection
2644	(2) and paragraph (j) is added to subsection (7) of that
2645	section, to read:
2646	339.55  State-funded infrastructure bank.--
2647	(2)  The bank may lend capital costs or provide credit
2648	enhancements for:
2649	(c)1.  Emergency loans for damages incurred to public-use
2650	commercial deepwater seaports, public-use airports, and other
2651	public-use transit and intermodal facilities that are within an
2652	area that is part of an official state declaration of emergency
2653	pursuant to chapter 252 and all other applicable laws. Such
2654	loans:
2655	a.  May not exceed 24 months in duration except in extreme
2656	circumstances, for which the Secretary of Transportation may
2657	grant up to 36 months upon making written findings specifying
2658	the conditions requiring a 36-month term.
2659	b.  Require application from the recipient to the
2660	department that includes documentation of damage claims filed
2661	with the Federal Emergency Management Agency or an applicable
2662	insurance carrier and documentation of the recipient's overall
2663	financial condition.
2664	c.  Are subject to approval by the Secretary of
2665	Transportation and the Legislative Budget Commission.
2666	2.  Loans provided under this paragraph must be repaid upon
2667	receipt by the recipient of eligible program funding for damages
2668	in accordance with the claims filed with the Federal Emergency
2669	Management Agency or an applicable insurance carrier, but no
2670	later than the duration of the loan.
2671	(4)  Loans from the bank may bear interest at or below
2672	market interest rates, as determined by the department.
2673	Repayment of any loan from the bank shall commence not later
2674	than 5 years after the project has been completed or, in the
2675	case of a highway project, the facility has opened to traffic,
2676	whichever is later, and shall be repaid in no more than 30
2677	years, except for loans provided under paragraph (2)(c), which
2678	shall be repaid in no more than 36 months.
2679	(7)  The department may consider, but is not limited to,
2680	the following criteria for evaluation of projects for assistance
2681	from the bank:
2682	(j)  The extent to which damage from a disaster that
2683	results in a declaration of emergency has impacted a public
2684	transportation facility's ability to maintain its previous level
2685	of service and remain accessible to the public or has had a
2686	major impact on the cash flow or revenue-generation ability of
2687	the public-use facility.
2688	Section 35.  Subsection (2) of section 341.071, Florida
2689	Statutes, is amended to read:
2690	341.071  Transit productivity and performance measures;
2691	reports.--
2692	(2)  Each public transit provider shall establish
2693	productivity and performance measures, which must be approved by
2694	the department and which must be selected from measures
2695	developed pursuant to s. 341.041(3). Each provider shall, by
2696	January 31 of each year, report annually to the department
2697	relative to these measures. In approving these measures, the
2698	department shall give consideration to the goals and objectives
2699	of each system, the needs of the local area, and the role for
2700	public transit in the local area. The report shall also
2701	specifically address potential enhancements to productivity and
2702	performance which would have the effect of increasing farebox
2703	recovery ratio.
2704	Section 36.  Paragraph (a) of subsection (2) of section
2705	343.81, Florida Statutes, is amended to read:
2706	343.81  Northwest Florida Transportation Corridor
2707	Authority.--
2708	(2)(a)  The governing body of the authority shall consist
2709	of eight voting members, one each from Escambia, Santa Rosa,
2710	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
2711	appointed by the Governor to a 4-year term. The appointees shall
2712	be residents of their respective counties and may not hold an
2713	elected office. Upon the effective date of his or her
2714	appointment, or as soon thereafter as practicable, each
2715	appointed member of the authority shall enter upon his or her
2716	duties. Each appointed member shall hold office until his or her
2717	successor has been appointed and has qualified. A vacancy
2718	occurring during a term shall be filled only for the balance of
2719	the unexpired term. Any member of the authority shall be
2720	eligible for reappointment. Members of the authority may be
2721	removed from office by the Governor for misconduct, malfeasance,
2722	misfeasance, or nonfeasance in office.
2723	Section 37.  The amendments made by this act to s. 343.81,
2724	Florida Statutes, prohibiting the appointment of a person
2725	holding an elected office to the Northwest Florida
2726	Transportation Corridor Authority shall not prohibit any member
2727	appointed prior to the effective date of this act from
2728	completing his or her current term, and the prohibition shall
2729	apply only to members appointed after the effective date of this
2730	act and shall not preclude the reappointment of any existing
2731	members.
2732	Section 38.  Subsection (2) of section 343.82, Florida
2733	Statutes, is amended to read:
2734	343.82  Purposes and powers.--
2735	(2)(a)  The authority is authorized to construct any feeder
2736	roads, reliever roads, connector roads, bypasses, or appurtenant
2737	facilities that are intended to improve mobility along the U.S.
2738	98 corridor. The transportation improvement projects may also
2739	include all necessary approaches, roads, bridges, and avenues of
2740	access that are desirable and proper with the concurrence, where
2741	applicable, of the department if the project is to be part of
2742	the State Highway System or the respective county or municipal
2743	governing boards. Any transportation facilities constructed by
2744	the authority may be tolled.
2745	(b)  Notwithstanding any special act to the contrary, the
2746	authority shall plan for and study the feasibility of
2747	constructing, operating, and maintaining a bridge or bridges
2748	spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
2749	access roads to such bridge or bridges, including studying the
2750	environmental and economic feasibility of such bridge or
2751	bridges and access roads, and such other transportation
2752	facilities that become part of such bridge system. The authority
2753	may construct, operate, and maintain the bridge system if the
2754	authority determines that the bridge system project is feasible
2755	and consistent with the authority's primary purpose and master
2756	plan.
2757	Section 39.  Subsection (9) of section 348.0004, Florida
2758	Statutes, is amended to read:
2759	348.0004  Purposes and powers.--
2760	(9)  The Legislature declares that there is a public need
2761	for rapid construction of safe and efficient transportation
2762	facilities for travel within the state and that it is in the
2763	public's interest to provide for public-private partnership
2764	agreements to effectuate the construction of additional safe,
2765	convenient, and economical transportation facilities.
2766	(a)  Notwithstanding any other provision of the Florida
2767	Expressway Authority Act, any expressway authority,
2768	transportation authority, bridge authority, or toll authority
2769	established under this part or any other statute may receive or
2770	solicit proposals and enter into agreements with private
2771	entities, or consortia thereof, for the building, operation,
2772	ownership, or financing of expressway authority transportation
2773	facilities or new transportation facilities within the
2774	jurisdiction of the expressway authority. An expressway
2775	authority is authorized to adopt rules to implement this
2776	subsection and shall, by rule, establish an application fee for
2777	the submission of unsolicited proposals under this subsection.
2778	The fee must be sufficient to pay the costs of evaluating the
2779	proposals. An expressway authority may engage private
2780	consultants to assist in the evaluation. Before approval, an
2781	expressway authority must determine that a proposed project:
2782	1.  Is in the public's best interest.
2783	2.  Would not require state funds to be used unless the
2784	project is on or provides increased mobility on the State
2785	Highway System.
2786	3.  Would have adequate safeguards to ensure that no
2787	additional costs or service disruptions would be realized by the
2788	traveling public and residents citizens of the state in the
2789	event of default or the cancellation of the agreement by the
2790	expressway authority.
2791	(b)  An expressway authority shall ensure that all
2792	reasonable costs to the state which are, related to
2793	transportation facilities that are not part of the State Highway
2794	System, are borne by the private entity. An expressway authority
2795	shall also ensure that all reasonable costs to the state and
2796	substantially affected local governments and utilities related
2797	to the private transportation facility are borne by the private
2798	entity for transportation facilities that are owned by private
2799	entities. For projects on the State Highway System, the
2800	department may use state resources to participate in funding and
2801	financing the project as provided for under the department's
2802	enabling legislation.
2803	(c)  The expressway authority may request proposals for
2804	public-private transportation projects or, if it receives an
2805	unsolicited proposal, it must publish a notice in the Florida
2806	Administrative Weekly and a newspaper of general circulation in
2807	the county in which it is located at least once a week for 2
2808	weeks, stating that it has received the proposal and will
2809	accept, for 60 days after the initial date of publication, other
2810	proposals for the same project purpose. A copy of the notice
2811	must be mailed to each local government in the affected areas.
2812	After the public notification period has expired, the expressway
2813	authority shall rank the proposals in order of preference. In
2814	ranking the proposals, the expressway authority shall consider
2815	professional qualifications, general business terms, innovative
2816	engineering or cost-reduction terms, finance plans, and the need
2817	for state funds to deliver the proposal. If the expressway
2818	authority is not satisfied with the results of the negotiations,
2819	it may, at its sole discretion, terminate negotiations with the
2820	proposer. If these negotiations are unsuccessful, the expressway
2821	authority may go to the second and lower-ranked firms, in order,
2822	using the same procedure. If only one proposal is received, the
2823	expressway authority may negotiate in good faith, and if it is
2824	not satisfied with the results, it may, at its sole discretion,
2825	terminate negotiations with the proposer. Notwithstanding this
2826	paragraph, the expressway authority may, at its discretion,
2827	reject all proposals at any point in the process up to
2828	completion of a contract with the proposer.
2829	(d)  The department may lend funds from the Toll Facilities
2830	Revolving Trust Fund, as outlined in s. 338.251, to public-
2831	private partnerships. To be eligible, a private entity must
2832	comply with s. 338.251 and must provide an indication from a
2833	nationally recognized rating agency that the senior bonds for
2834	the project will be investment grade or must provide credit
2835	support, such as a letter of credit or other means acceptable to
2836	the department, to ensure that the loans will be fully repaid.
2837	(e)  Agreements entered into pursuant to this subsection
2838	may authorize the public-private entity to impose tolls or fares
2839	for the use of the facility. However, the amount and use of toll
2840	or fare revenues shall be regulated by the expressway authority
2841	to avoid unreasonable costs to users of the facility.
2842	(f)  Agreements entered into pursuant to this section may
2843	lease existing toll facilities through public-private
2844	partnerships. If the agreement for leasing an existing toll
2845	facility does not include provisions for additional capacity,
2846	the project and the provisions of the agreement must be approved
2847	by the Florida Transportation Commission.
2848	(g)(f)  Each public-private transportation facility
2849	constructed pursuant to this subsection shall comply with all
2850	requirements of federal, state, and local laws; state, regional,
2851	and local comprehensive plans; the expressway authority's rules,
2852	policies, procedures, and standards for transportation
2853	facilities; and any other conditions that the expressway
2854	authority determines to be in the public's best interest.
2855	(h)(g)  An expressway authority may exercise any power
2856	possessed by it, including eminent domain, to facilitate the
2857	development and construction of transportation projects pursuant
2858	to this subsection. An expressway authority may pay all or part
2859	of the cost of operating and maintaining the facility or may
2860	provide services to the private entity for which it receives
2861	full or partial reimbursement for services rendered.
2862	(i)(h)  Except as herein provided, this subsection is not
2863	intended to amend existing laws by granting additional powers to
2864	or further restricting the governmental entities from regulating
2865	and entering into cooperative arrangements with the private
2866	sector for the planning, construction, and operation of
2867	transportation facilities. Use of the powers granted in this
2868	subsection may not subject a statutorily created expressway
2869	authority, transportation authority, bridge authority, or toll
2870	authority, other than one statutorily created under this part,
2871	to any of the requirements of this part other than those
2872	contained in this subsection.
2873	Section 40.  Section 348.0012, Florida Statutes, is amended
2874	to read:
2875	348.0012  Exemptions from applicability.--The Florida
2876	Expressway Authority Act does not apply:
2877	(1)  In a county in which an expressway authority has been
2878	created pursuant to parts II-IX of this chapter, except as
2879	expressly provided in this part; or
2880	(2)  To a transportation authority created pursuant to
2881	chapter 349.
2882	Section 41.  Paragraph (l) of subsection (2) of section
2883	348.243, Florida Statutes, is amended to read:
2884	348.243  Purposes and powers.--
2885	(2)  The authority is granted, and shall have and may
2886	exercise, all powers necessary, appurtenant, convenient, or
2887	incidental to the carrying out of the aforesaid purposes,
2888	including, but not limited to, the following rights and powers:
2889	(l)  To enter into an agreement to sell, transfer, and
2890	dispose of all property of the Sawgrass Expressway, whether
2891	real, personal, or mixed, tangible or intangible, to the
2892	Department of Transportation as part of the Turnpike System in
2893	accordance with s. 338.2275(3)(4).
2894	Section 42.  Subsection (6) is added to section 348.754,
2895	Florida Statutes, to read:
2896	348.754  Purposes and powers.--
2897	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
2898	County Expressway Authority may waive payment and performance
2899	bonds on construction contracts for the construction of a public
2900	building, for the prosecution and completion of a public work,
2901	or for repairs on a public building or public work that has a
2902	cost of $500,000 or less and when the project is awarded
2903	pursuant to an economic development program for the
2904	encouragement of local small businesses that has been adopted by
2905	the governing body of the Orlando-Orange County Expressway
2906	Authority pursuant to a resolution or policy.
2907	(b)  The authority's adopted criteria for participation in
2908	the economic development program for local small businesses
2909	shall require that a participant:
2910	1.  Be an independent business.
2911	2.  Be principally domiciled in the Orange County Standard
2912	Metropolitan Statistical Area.
2913	3.  Employ 25 or fewer full-time employees.
2914	4.  Have gross annual sales averaging $3 million or less
2915	over the immediately preceding 3 calendar years with regard to
2916	any construction element of the program.
2917	5.  Be accepted as a participant in the Orlando-Orange
2918	County Expressway Authority's microcontracts program or such
2919	other small business program as may be hereinafter enacted by
2920	the Orlando-Orange County Expressway Authority.
2921	6.  Participate in an educational curriculum or technical
2922	assistance program for business development that will assist the
2923	small business in becoming eligible for bonding.
2924	(c)  The authority's adopted procedures for waiving payment
2925	and performance bonds on projects with values not less than
2926	$200,000 and not exceeding $500,000 shall provide that payment
2927	and performance bonds may only be waived on projects that have
2928	been set aside to be competitively bid on by participants in an
2929	economic development program for local small businesses. The
2930	authority's executive director or his or her designee shall
2931	determine whether specific construction projects are suitable
2932	for:
2933	1.  Bidding under the authority's microcontracts program by
2934	registered local small businesses; and
2935	2.  Waiver of the payment and performance bond.
2936
2937	The decision of the authority's executive director or deputy
2938	executive director to waive the payment and performance bond
2939	shall be based upon his or her investigation and conclusion that
2940	there exists sufficient competition so that the authority
2941	receives a fair price and does not undertake any unusual risk
2942	with respect to such project.
2943	(d)  For any contract for which a payment and performance
2944	bond has been waived pursuant to the authority set forth in this
2945	section, the Orlando-Orange County Expressway Authority shall
2946	pay all persons defined in s. 713.01 who furnish labor,
2947	services, or materials for the prosecution of the work provided
2948	for in the contract to the same extent and upon the same
2949	conditions that a surety on the payment bond under s. 255.05
2950	would have been obligated to pay such persons if the payment and
2951	performance bond had not been waived. The authority shall record
2952	notice of this obligation in the manner and location that surety
2953	bonds are recorded. The notice shall include the information
2954	describing the contract that s. 255.05(1) requires be stated on
2955	the front page of the bond. Notwithstanding that s. 255.05(9)
2956	generally applies when a performance and payment bond is
2957	required, s. 255.05(9) shall apply under this subsection to any
2958	contract on which performance or payment bonds are waived and
2959	any claim to payment under this subsection shall be treated as a
2960	contract claim pursuant to s. 255.05(9).
2961	(e)  A small business that has been the successful bidder
2962	on six projects for which the payment and performance bond was
2963	waived by the authority pursuant to paragraph (a) shall be
2964	ineligible to bid on additional projects for which the payment
2965	and performance bond is to be waived. The local small business
2966	may continue to participate in other elements of the economic
2967	development program for local small businesses as long as it is
2968	eligible.
2969	(f)  The authority shall conduct bond eligibility training
2970	for businesses qualifying for bond waiver under this subsection
2971	to encourage and promote bond eligibility for such businesses.
2972	(g)  The authority shall prepare a biennial report on the
2973	activities undertaken pursuant to this subsection to be
2974	submitted to the Orange County legislative delegation. The
2975	initial report shall be due December 31, 2010.
2976	Section 43.  Paragraph (a) of subsection (3) of section
2977	163.3177, Florida Statutes, is amended to read:
2978	163.3177  Required and optional elements of comprehensive
2979	plan; studies and surveys.--
2980	(3)(a)  The comprehensive plan shall contain a capital
2981	improvements element designed to consider the need for and the
2982	location of public facilities in order to encourage the
2983	efficient utilization of such facilities and set forth:
2984	1.  A component which outlines principles for construction,
2985	extension, or increase in capacity of public facilities, as well
2986	as a component which outlines principles for correcting existing
2987	public facility deficiencies, which are necessary to implement
2988	the comprehensive plan. The components shall cover at least a 5-
2989	year period.
2990	2.  Estimated public facility costs, including a
2991	delineation of when facilities will be needed, the general
2992	location of the facilities, and projected revenue sources to
2993	fund the facilities.
2994	3.  Standards to ensure the availability of public
2995	facilities and the adequacy of those facilities including
2996	acceptable levels of service.
2997	4.  Standards for the management of debt.
2998	5.  A schedule of capital improvements which includes
2999	publicly funded projects, and which may include privately funded
3000	projects for which the local government has no fiscal
3001	responsibility, necessary to ensure that adopted level-of-
3002	service standards are achieved and maintained. For capital
3003	improvements that will be funded by the developer, financial
3004	feasibility shall be demonstrated by being guaranteed in an
3005	enforceable development agreement or interlocal agreement
3006	pursuant to paragraph (10)(h), or other enforceable agreement.
3007	These development agreements and interlocal agreements shall be
3008	reflected in the schedule of capital improvements if the capital
3009	improvement is necessary to serve development within the 5-year
3010	schedule. If the local government uses planned revenue sources
3011	that require referenda or other actions to secure the revenue
3012	source, the plan must, in the event the referenda are not passed
3013	or actions do not secure the planned revenue source, identify
3014	other existing revenue sources that will be used to fund the
3015	capital projects or otherwise amend the plan to ensure financial
3016	feasibility.
3017	6.  The schedule must include transportation improvements
3018	included in the applicable metropolitan planning organization's
3019	transportation improvement program adopted pursuant to s.
3020	339.175(8)(7) to the extent that such improvements are relied
3021	upon to ensure concurrency and financial feasibility. The
3022	schedule must also be coordinated with the applicable
3023	metropolitan planning organization's long-range transportation
3024	plan adopted pursuant to s. 339.175(7)(6).
3025	Section 44.  Section 339.176, Florida Statutes, is amended
3026	to read:
3027	339.176  Voting membership for M.P.O. with boundaries
3028	including certain counties.--In addition to the voting
3029	membership established by s. 339.175(3)(2) and notwithstanding
3030	any other provision of law to the contrary, the voting
3031	membership of any Metropolitan Planning Organization whose
3032	geographical boundaries include any county as defined in s.
3033	125.011(1) must include an additional voting member appointed by
3034	that city's governing body for each city with a population of
3035	50,000 or more residents.
3036	Section 45.  Subsection (1) of section 341.828, Florida
3037	Statutes, is amended to read:
3038	341.828  Permitting.--
3039	(1)  The authority, for the purposes of permitting, may
3040	utilize one or more permitting processes provided for in
3041	statute, including, but not limited to, the metropolitan
3042	planning organization long-range transportation planning process
3043	as defined in s. 339.175(6) and (7) and (8), in conjunction with
3044	the Department of Transportation's work program process as
3045	defined in s. 339.135, or any permitting process now in effect
3046	or that may be in effect at the time of permitting and will
3047	provide the most timely and cost-effective permitting process.
3048	Section 46.  Section 334.30, Florida Statutes, is amended
3049	to read:
3050	334.30  Public-private transportation facilities.--The
3051	Legislature hereby finds and declares that there is a public
3052	need for rapid construction of safe and efficient transportation
3053	facilities for the purpose of travel within the state. It is the
3054	intent of the Legislature to strengthen the state's
3055	transportation system by providing the department with
3056	innovative financing techniques, including, but not limited to,
3057	public-private partnerships, toll facility leases, and user
3058	fees. In response to increased congestion, population, and
3059	market demands, and that it is in the public's interest to
3060	provide for the construction of additional safe, convenient, and
3061	economical transportation facilities.
3062	(1)  The department may receive or solicit proposals and,
3063	with legislative approval as evidenced by approval of the
3064	project in the department's work program, enter into agreements
3065	with private entities, or consortia thereof, for the building,
3066	operation, ownership, or financing of transportation facilities.
3067	The department may advance projects programmed in the adopted 5-
3068	year work program or projects greater than $500 million in the
3069	10-year Strategic Intermodal System Plan using funds provided by
3070	public-private partnerships or private entities to be reimbursed
3071	from department funds for the project as programmed in the
3072	adopted work program. The department shall by rule establish an
3073	application fee for the submission of unsolicited proposals
3074	under this section. The fee must be sufficient to pay the costs
3075	of evaluating the proposals. The department may engage the
3076	services of private consultants to assist in the evaluation.
3077	Before approval, the department must determine that the proposed
3078	project:
3079	(a)  Is in the public's best interest;
3080	(b)  Would not require state funds to be used unless the
3081	project is on the State Highway System; and
3082	(c)  Would have adequate safeguards in place to ensure that
3083	no additional costs or service disruptions would be realized by
3084	the traveling public and citizens of the state in the event of
3085	default or cancellation of the agreement by the department.
3086
3087	The department shall ensure that all reasonable costs to the
3088	state, related to transportation facilities that are not part of
3089	the State Highway System, are borne by the private entity. The
3090	department shall also ensure that all reasonable costs to the
3091	state and substantially affected local governments and
3092	utilities, related to the private transportation facility, are
3093	borne by the private entity for transportation facilities that
3094	are owned by private entities. For projects on the State Highway
3095	System, the department may use state resources to participate in
3096	funding and financing the project as provided for under the
3097	department's enabling legislation.
3098	(2)  Agreements entered into pursuant to this section may
3099	authorize the private entity to impose tolls or fares for the
3100	use of the facility. The following provisions shall apply to
3101	such agreements: However, the amount and use of toll or fare
3102	revenues shall be regulated by the department to avoid
3103	unreasonable costs to users of the facility.
3104	(a)  With the exception of the Florida Turnpike System, the
3105	department may lease existing toll facilities through public-
3106	private partnerships. If the agreement for leasing an existing
3107	toll facility does not include provisions for additional
3108	capacity, the project and the provisions of the agreement must
3109	be approved by the Legislature. The public-private partnership
3110	agreement must ensure that the toll facility is properly
3111	operated, maintained, and renewed in accordance with department
3112	standards.
3113	(b)  The department may develop new toll facilities or
3114	increase capacity on existing toll facilities through public-
3115	private partnerships. The public-private partnership agreement
3116	must ensure that the toll facility is properly operated,
3117	maintained, and renewed in accordance with department standards.
3118	(c)  The amount of toll or fare revenues shall be regulated
3119	by the department pursuant to s. 338.165(3). The regulations
3120	governing the future increase of toll or fare revenues shall be
3121	included in the public-private partnership agreement.
3122	(d)  The department shall include provisions in the public-
3123	private partnership agreement that ensure a negotiated portion
3124	of revenues from tolled projects are returned to the department
3125	over the life of the public-private partnership agreement. In
3126	the case of a lease of an existing toll facility, the department
3127	shall receive a portion of funds upon closing on the agreements
3128	and shall also include provisions in the agreement to receive
3129	payment of a negotiated portion of revenues over the life of the
3130	public-private partnership.
3131	(e)  The private entity shall provide an investment grade
3132	traffic and revenue study prepared by an internationally
3133	recognized traffic and revenue expert that is accepted by the
3134	national bond rating agencies. The private entity shall also
3135	provide a finance plan that identifies the project cost,
3136	revenues by source, financing, major assumptions, internal rate
3137	of return on private investments, and whether any government
3138	funds are assumed to deliver a cost feasible project, and a
3139	total cash flow analysis beginning with implementation of the
3140	project and extending for the term of the agreement. The amount
3141	of the toll or fares included in the provisions of agreements
3142	under this section shall be consistent with projections included
3143	in the study, plan, and analysis provided under this paragraph.
3144	Specific elements to be described shall include, but are not
3145	limited to, the following:
3146	1.  The estimate of ridership and a forecast of annual toll
3147	revenues. The method of producing the estimates shall be
3148	described in sufficient detail to allow the projections to be
3149	verified. Assumptions used in the process shall be clearly
3150	indicated.
3151	2.  Forecasts shall be provided of any additional sources
3152	of revenue anticipated from the proposed facility with clearly
3153	stated assumptions and data and methods used to develop the
3154	forecasts. Sources for revenue might include the receipts from
3155	advertising, station concessions, royalties, and licenses.
3156	3.  The amount of associated real estate development and
3157	supplemental revenue sources that will be used to supplement
3158	operations.
3159	4.  If subsidies will be required in the early years of a
3160	facility's operation, the source, amount, how they are to be
3161	used, and the years in which they will be needed shall be
3162	specified. Appropriate contact information and supporting
3163	documentation must be provided for each type of fund source for
3164	analysis and review by the department.
3165	(3)  Each private transportation facility constructed
3166	pursuant to this section shall comply with all requirements of
3167	federal, state, and local laws; state, regional, and local
3168	comprehensive plans; department rules, policies, procedures, and
3169	standards for transportation facilities; and any other
3170	conditions which the department determines to be in the public's
3171	best interest.
3172	(4)  The department may exercise any power possessed by it,
3173	including eminent domain, with respect to the development and
3174	construction of state transportation projects to facilitate the
3175	development and construction of transportation projects pursuant
3176	to this section. The department may provide services to the
3177	private entity. Agreements for maintenance, law enforcement, and
3178	other services entered into pursuant to this section shall
3179	provide for full reimbursement for services rendered for
3180	projects not on the State Highway System.
3181	(5)  Except as herein provided, the provisions of this
3182	section are not intended to amend existing laws by granting
3183	additional powers to, or further restricting, local governmental
3184	entities from regulating and entering into cooperative
3185	arrangements with the private sector for the planning,
3186	construction, and operation of transportation facilities.
3187	(6)  The procurement of public-private partnerships by the
3188	department shall follow the provisions of this section. Sections
3189	337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
3190	337.185, 337.19, 337.221, and 337.251 shall not apply to
3191	procurements under this section unless a provision is included
3192	in the procurement documents. The department shall ensure that
3193	generally accepted business practices for exemptions provided by
3194	this subsection are part of the procurement process or are
3195	included in the public-private partnership agreement.
3196	(a)  The department may request proposals from private
3197	entities for public-private transportation projects or, if the
3198	department receives an unsolicited proposal, the department
3199	shall publish a notice in the Florida Administrative Weekly and
3200	a newspaper of general circulation at least once a week for 2
3201	weeks stating that the department has received the proposal and
3202	will accept, for 120 60 days after the initial date of
3203	publication, other proposals for the same project purpose. A
3204	copy of the notice must be mailed to each local government in
3205	the affected area.
3206	(b)  Public-private partnerships shall be qualified by the
3207	department as part of the procurement process as outlined in the
3208	procurement documents, provided such process ensures that the
3209	private firm meets at least the minimum department standards for
3210	qualification in department rule for professional engineering
3211	services and road and bridge contracting prior to submitting a
3212	proposal under the procurement.
3213	(c)  The department shall ensure that procurement documents
3214	include provisions for performance of the private entity and
3215	payment of subcontractors, including, but not limited to, surety
3216	bonds, letters of credit, parent company guarantees, and lender
3217	and equity partner guarantees. The department shall balance the
3218	structure of the security package for the public-private
3219	partnership that ensures performance and payment of
3220	subcontractors with the cost of the security to ensure the most
3221	efficient pricing.
3222	(d)  After the public notification period has expired, the
3223	department shall rank the proposals in order of preference. In
3224	ranking the proposals, the department may consider factors that
3225	include, including, but are not limited to, professional
3226	qualifications, general business terms, innovative engineering
3227	or cost-reduction terms, finance plans, and the need for state
3228	funds to deliver the project. If the department is not satisfied
3229	with the results of the negotiations, the department may, at its
3230	sole discretion, terminate negotiations with the proposer. If
3231	these negotiations are unsuccessful, the department may go to
3232	the second-ranked and lower-ranked firms, in order, using this
3233	same procedure. If only one proposal is received, the department
3234	may negotiate in good faith and, if the department is not
3235	satisfied with the results of the negotiations, the department
3236	may, at its sole discretion, terminate negotiations with the
3237	proposer. Notwithstanding this subsection, the department may,
3238	at its discretion, reject all proposals at any point in the
3239	process up to completion of a contract with the proposer.
3240	(e)  The department shall perform a cost-benefit, value-
3241	for-money analysis of the proposed public-private partnership
3242	that demonstrates the cost-effectiveness and overall public
3243	benefit at the following times:
3244	1.  Prior to moving forward with the procurement; and
3245	2.  If the procurement moves forward, prior to awarding the
3246	contract.
3247	(7)  The department may lend funds from the Toll Facilities
3248	Revolving Trust Fund, as outlined in s. 338.251, to private
3249	entities that construct projects on the State Highway System
3250	containing toll facilities that are approved under this section.
3251	To be eligible, a private entity must comply with s. 338.251 and
3252	must provide an indication from a nationally recognized rating
3253	agency that the senior bonds for the project will be investment
3254	grade, or must provide credit support such as a letter of credit
3255	or other means acceptable to the department, to ensure that the
3256	loans will be fully repaid. The state's liability for the
3257	funding of a facility is limited to the amount approved for that
3258	specific facility in the department's 5-year work program
3259	adopted pursuant to s. 339.135.
3260	(8)  The department may use innovative finance techniques
3261	associated with a public-private partnership under this section,
3262	including, but not limited to, federal loans as provided in
3263	Title 23 and Title 49 of the Code of Federal Regulations,
3264	commercial bank loans, and hedges against inflation from
3265	commercial banks or other private sources.
3266	(9)  The department may enter into public-private
3267	partnership agreements that include extended terms providing
3268	annual payments for performance based on the availability of
3269	service or the facility being open to traffic or based on the
3270	level of traffic using the facility. In addition to other
3271	provisions in this section, the following provisions shall
3272	apply:
3273	(a)  The annual payments under such agreement shall be
3274	included in the department's tentative work program developed
3275	under s. 339.135 and the long-range transportation plan for the
3276	applicable metropolitan planning organization developed under s.
3277	339.175. The department shall ensure that annual payments on
3278	multiyear public-private partnership agreements are prioritized
3279	ahead of new capacity projects in the development and updating
3280	of the tentative work program.
3281	(b)  The annual payments are subject to annual
3282	appropriation by the Legislature as provided in the General
3283	Appropriations Act in support of the first year of the tentative
3284	work program.
3285	(10)  Prior to entering such agreement where funds are
3286	committed from the State Transportation Trust Fund, the project
3287	must be prioritized as follows:
3288	(a)  The department, in coordination with the local
3289	metropolitan planning organization, shall prioritize projects
3290	included in the Strategic Intermodal System 10-year and long-
3291	range cost feasible plans.
3292	(b)  The department, in coordination with the local
3293	metropolitan planning organization or local government where
3294	there is no metropolitan planning organization, shall prioritize
3295	projects, for facilities not on the Strategic Intermodal System,
3296	included in the metropolitan planning organization cost feasible
3297	transportation improvement plan and long-range transportation
3298	plan.
3299	(11)  Public-private partnership agreements under this
3300	section shall be limited to a term not exceeding 50 years. Upon
3301	making written findings that an agreement under this section
3302	requires a term in excess of 50 years, the secretary of the
3303	department may authorize a term of up to 75 years. Agreements
3304	under this section shall not have a term in excess of 75 years
3305	unless specifically approved by the Legislature. The department
3306	shall identify each new project under this section with a term
3307	exceeding 75 years in the transmittal letter that accompanies
3308	the submittal of the tentative work program to the Governor and
3309	the Legislature in accordance with s. 339.135.
3310	(12)  The department shall ensure that no more than 25
3311	percent of total federal and state funding in any given year for
3312	the State Transportation Trust Fund shall be obligated
3313	collectively for all projects under this section.
3314	(13)  Notwithstanding s. 338.165, any revenues returned to
3315	the department pursuant to a public-private partnership
3316	agreement under this section shall be used for capacity projects
3317	as follows:
3318	(a)  If the revenue-producing project is on the State
3319	Highway System, notwithstanding s. 339.135(4)(a), any revenues
3320	returned to the department pursuant to a public-private
3321	partnership agreement shall be used for capacity improvements of
3322	the State Highway System or up to 50 percent of the project cost
3323	on public transit capital improvements authorized under Title 49
3324	of the United States Code and specified in s. 341.051.
3325	(b)  If the revenue-producing project is on the county road
3326	system, any revenues returned to the department pursuant to a
3327	public-private partnership agreement shall be used for capacity
3328	improvements of state or county roads or transit facilities
3329	within the county or counties in which the revenue-producing
3330	project is located.
3331	(8)  A fixed-guideway transportation system authorized by
3332	the department to be wholly or partially within the department's
3333	right-of-way pursuant to a lease granted under s. 337.251 may
3334	operate at any safe speed.
3335	Section 47.  Section 338.165, Florida Statutes, is amended
3336	to read:
3337	338.165  Continuation of tolls.--
3338	(1)  The department, any transportation or expressway
3339	authority or, in the absence of an authority, a county or
3340	counties may continue to collect the toll on a revenue-producing
3341	project after the discharge of any bond indebtedness related to
3342	such project and may increase such toll. All tolls so collected
3343	shall first be used to pay the annual cost of the operation,
3344	maintenance, and improvement of the toll project.
3345	(2)  If the revenue-producing project is on the State
3346	Highway System, any remaining toll revenue shall be used for the
3347	construction, maintenance, or improvement of any road on the
3348	State Highway System within the county or counties in which the
3349	revenue-producing project is located, except as provided in s.
3350	348.0004.
3351	(3)  Notwithstanding any other provision of law, the
3352	department or any transportation or expressway authority shall,
3353	at a minimum, index toll rates on existing toll facilities to
3354	the annual Consumer Price Index or similar inflation indicators.
3355	Toll rate adjustments for inflation under this subsection may be
3356	made no more frequently than once a year and must be made no
3357	less frequently than once every 5 years as necessary to
3358	accommodate cash toll rate schedules. Toll rates may be
3359	increased beyond these limits as directed by bond documents,
3360	covenants, or governing body authorization or pursuant to
3361	department administrative rule.
3362	(4)(3)  Notwithstanding any other law to the contrary,
3363	pursuant to s. 11, Art. VII of the State Constitution, and
3364	subject to the requirements of subsection (2), the Department of
3365	Transportation may request the Division of Bond Finance to issue
3366	bonds secured by toll revenues collected on the Alligator Alley,
3367	the Sunshine Skyway Bridge, the Beeline-East Expressway, the
3368	Navarre Bridge, and the Pinellas Bayway to fund transportation
3369	projects located within the county or counties in which the
3370	project is located and contained in the adopted work program of
3371	the department.
3372	(5)(4)  If the revenue-producing project is on the county
3373	road system, any remaining toll revenue shall be used for the
3374	construction, maintenance, or improvement of any other state or
3375	county road within the county or counties in which the revenue-
3376	producing project is located, except as provided in s. 348.0004.
3377	(6)(5)  Selection of projects on the State Highway System
3378	for construction, maintenance, or improvement with toll revenues
3379	shall be, with the concurrence of the department, consistent
3380	with the Florida Transportation Plan.
3381	(7)(6)  Notwithstanding the provisions of subsection (1),
3382	and not including high occupancy toll lanes or express lanes, no
3383	tolls may be charged for use of an interstate highway where
3384	tolls were not charged as of July 1, 1997.
3385	(8)(7)  With the exception of subsection (3), this section
3386	does not apply to the turnpike system as defined under the
3387	Florida Turnpike Enterprise Law.
3388	Section 48.  (1)  FLORIDA EXPRESSWAY AUTHORITY ACT
3389	REPEALED.--Part I of chapter 348, Florida Statutes, consisting
3390	of sections 348.0001, 348.0002, 348.0003, 348.0004, 348.0005,
3391	348.0006, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011, and
3392	348.0012, is repealed.
3393	(2)  EXPRESSWAY AUTHORITIES ABOLISHED.--Any expressway
3394	authority created under part I of chapter 348, Florida Statutes,
3395	is abolished.
3396	(3)  EXPRESSWAY AUTHORITIES; TRANSFERS AND OPERATIONS.--
3397	(a)  All powers, duties, functions, records, personnel,
3398	property, and unexpended balances of allocations, trust funds,
3399	and other funds of an expressway authority abolished by this
3400	section are transferred to the Department of Transportation.
3401	(b)  All legal authorities and actions of such expressway
3402	authority, including, but not limited to, all pending and
3403	completed action orders and rules, all enforcement matters, all
3404	delegations, all interagency agreements, and all contracts with
3405	federal, state, local, and regional governments and private
3406	entities are transferred to the Department of Transportation.
3407	(4)  DISTRIBUTION OF TOLLS COLLECTED.--Notwithstanding s.
3408	339.135(4)(a)1., Florida Statutes, 100 percent of future toll
3409	revenues received from the corridors previously owned and
3410	operated by an expressway authority abolished by this section,
3411	less any operations and maintenance costs as determined by the
3412	Department of Transportation, shall be distributed to the county
3413	in which the toll was collected specifically for use on the
3414	corridor from which it was collected.
3415	Section 49.  Subsection (27) is added to section 479.01,
3416	Florida Statutes, to read:
3417	479.01  Definitions.--As used in this chapter, the term:
3418	(27)  "Wall mural" means a sign that is a painting or an
3419	artistic work composed of photographs or arrangements of color
3420	and that displays a commercial or noncommercial message, relies
3421	solely on the side of the building for rigid structural support,
3422	and is painted on the building or depicted on vinyl, fabric, or
3423	other similarly flexible material that is held in place flush or
3424	flat against the surface of the building. The term excludes a
3425	painting or work placed on a structure that is erected for the
3426	sole or primary purpose of signage.
3427	Section 50.  Section 479.156, Florida Statutes, is created
3428	to read:
3429	479.156  Wall murals.--Notwithstanding any other provision
3430	of this chapter, a municipality or county may permit and
3431	regulate wall murals within areas designated by such government.
3432	If a municipality or county permits wall murals, a wall mural
3433	that displays a commercial message and is within 660 feet of the
3434	nearest edge of the right-of-way within an area adjacent to the
3435	interstate highway system or the federal-aid primary highway
3436	system must be located in an area that is zoned for industrial
3437	or commercial use, and the municipality or county shall
3438	establish and enforce regulations for such areas that, at a
3439	minimum, set forth criteria governing the size, lighting, and
3440	spacing of wall murals consistent with the intent of the Highway
3441	Beautification Act of 1965 and with customary use. A wall mural
3442	that is subject to municipal or county regulation and the
3443	Highway Beautification Act of 1965 must be approved by the
3444	Department of Transportation and the Federal Highway
3445	Administration and may not violate the agreement between the
3446	state and the United States Department of Transportation or
3447	violate federal regulations enforced by the Department of
3448	Transportation under s. 479.02(1).
3449	Section 51.  Section 2 of chapter 89-383, Laws of Florida,
3450	is amended to read:
3451	Section 2.  Red Road is hereby designated as a state
3452	historic highway. No public funds shall be expended for:
3453	(1)  The removal of any healthy tree which is not a safety
3454	hazard.
3455	(2)  Any alteration of the physical dimensions or location
3456	of Red Road, the median strip thereof, the land adjacent
3457	thereto, or any part of the original composition of the
3458	entranceway, including the towers, the walls, and the lampposts.
3459	(3)  Any construction on or along Red Road of any new
3460	structure, or any building, clearing, filling, or excavating on
3461	or along Red Road except for routine maintenance or alterations,
3462	modifications, or improvements to it and the adjacent right-of-
3463	way made for the purpose of enhancing life safety for vehicular
3464	or pedestrian use of Red Road if the number of traffic lanes is
3465	not altered work which is essential to the health, safety, or
3466	welfare of the environment.
3467	Section 52.  This act shall take effect July 1, 2007.

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