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. 120.52, F.S.; excluding
10	expressway authorities under ch. 349, F.S., from the
11	definition of the term "agency" for certain purposes;
12	amending s. 349.03, F.S.; revising provisions for officers
13	and employees of the Jacksonville Transportation
14	Authority; amending s. 349.04, F.S.; providing for the
15	adoption of rules by the Jacksonville Transportation
16	Authority for certain purposes; amending s. 121.021, F.S.;
17	defining the term "metropolitan planning organization" for
18	purposes of the Florida Retirement System Act; revising
19	definitions to include M.P.O.'s and positions in M.P.O.'s;
20	amending s. 121.051, F.S.; providing for M.P.O.'s to
21	participate in the Florida Retirement System; amending s.
22	121.055, F.S.; requiring certain M.P.O. staff positions to
23	be in the Senior Management Service Class; amending s.
24	121.061, F.S.; providing for enforcement of certain
25	employer funding contributions required under the Florida
26	Retirement System; authorizing deductions of amounts owed
27	from certain funds distributed to an M.P.O.; authorizing
28	the governing body of an M.P.O. to file and maintain an
29	action in court to require an employer to remit retirement
30	or social security member contributions or employer
31	matching payments; amending s. 121.081, F.S.; providing
32	for M.P.O. officers and staff to claim credit for past
33	service for retirement benefits; amending s. 212.055,
34	F.S.; deleting a prohibition against local governments
35	issuing certain bonds secured by revenues from local
36	infrastructure taxes more than once a year; amending s.
37	215.615, F.S.; revising the Department of Transportation's
38	requirement to share certain costs of fixed-guideway
39	system projects; revising criteria for an interlocal
40	agreement to establish bond financing for fixed-guideway
41	system projects; revising provisions for sources of funds
42	for the payment of bonds; amending s. 316.2123, F.S.;
43	authorizing a county to designate certain unpaved roadways
44	where an ATV may be operated; providing conditions for
45	such operation; amending s. 316.605, F.S.; providing
46	height and placement requirements for vehicle license
47	plates; prohibiting display that obscures identification
48	of the letters and numbers on a license plate; providing
49	penalties; amending s. 316.650, F.S.; revising procedures
50	for disposition of citations issued for failure to pay
51	toll; providing that the citation will not be submitted to
52	the court and no points will be assessed on the driver's
53	license if the person cited elects to make payment
54	directly to the governmental entity that issued the
55	citation; providing for reporting of the citation by the
56	governmental entity to the Department of Highway Safety
57	and Motor Vehicles; amending s. 318.14, F.S.; providing
58	for the amount required to be paid under certain
59	procedures for disposition of a citation issued for
60	failure to pay toll; providing for the person cited to
61	request a court hearing; amending s. 318.18, F.S.;
62	revising penalties for failure to pay a prescribed toll;
63	providing for disposition of amounts received by the clerk
64	of court; removing procedures for withholding of
65	adjudication; providing for suspension of a driver's
66	license under certain circumstances; revising penalty
67	provisions to provide for certain criminal penalties;
68	imposing a surcharge to be paid for specified traffic-
69	related criminal offenses and all moving traffic
70	violations; providing for distribution of the proceeds of
71	the surcharge to be used for the state agency law
72	enforcement radio system; providing for future expiration;
73	amending s. 318.21, F.S.; revising distribution provisions
74	to provide for distribution of the surcharge; providing
75	for future expiration; amending s. 320.061, F.S.;
76	prohibiting interfering with the legibility, angular
77	visibility, or detectability of any feature or detail on a
78	license plate or interfering with the ability to
79	photograph or otherwise record any feature or detail on a
80	license plate; providing penalties; amending s. 332.007,
81	F.S.; authorizing the Department of Transportation to
82	provide funds for certain general aviation projects under
83	certain circumstances; extending the timeframe that the
84	department is authorized to provide operational and
85	maintenance assistance to certain airports and may
86	redirect the use of certain funds to security-related or
87	economic-impact projects related to the events of
88	September 11, 2001; amending s. 332.14, F.S.; providing
89	that certain members of the Secure Airports for Florida's
90	Economy Council shall be nonvoting members; authorizing
91	certain members to overrule certain actions of the
92	council; amending s. 336.025, F.S.; deleting a prohibition
93	against local governments issuing certain bonds secured by
94	revenues from local option fuel taxes more than once a
95	year; amending s. 336.41, F.S.; revising an exception to
96	competitive-bid requirements for certain county road
97	construction and reconstruction projects; increasing the
98	value threshold under which the exception applies;
99	defining the term "construction aggregate materials";
100	providing legislative intent; prohibiting a local
101	government from approving or denying a land use zoning
102	change, comprehensive plan amendment, land use permit,
103	ordinance, or order regarding construction aggregate
104	materials without considering information provided by the
105	Department of Transportation and considering the effect of
106	such decision; prohibiting an agency from imposing a
107	moratorium on the mining and extraction of construction
108	aggregate materials of longer than a specified period;
109	providing that limerock environmental resource permitting
110	and reclamation applications are eligible to be expedited;
111	establishing the Strategic Aggregates Review Task Force;
112	providing for membership, staffing, reporting, and
113	expiration; providing for support and the coordination of
114	data and information for the task force; requiring that
115	the task force report its findings to the Governor and the
116	Legislature; providing report requirements; providing for
117	the dissolution of the task force; creating s. 337.026,
118	F.S.; authorizing the Department of Transportation to
119	pursue innovative contractual or engineering techniques
120	relating to construction aggregate materials; authorizing
121	the department to enter into agreements for construction
122	aggregate materials; providing exceptions; providing
123	requirements for such exceptions; amending s. 337.11,
124	F.S.; providing that certain construction projects be
125	advertised for bids in local newspapers; amending s.
126	337.14, F.S.; authorizing the department to waive
127	specified prequalification requirements for certain
128	transportation projects under certain conditions; amending
129	s. 337.18, F.S.; revising surety bond requirements for
130	construction or maintenance contracts; providing for
131	incremental annual surety bonds for multiyear maintenance
132	contracts under certain conditions; revising the threshold
133	for transportation projects eligible for a waiver of
134	surety bond requirements; authorizing the department to
135	provide for phased surety bond coverage or an alternate
136	means of security for a portion of the contract amount in
137	lieu of the surety bond; amending s. 338.161, F.S.;
138	providing for the Department of Transportation and certain
139	toll agencies to enter into agreements with public or
140	private entities for additional uses of electronic toll
141	collection products and services; authorizing feasibility
142	studies by the department or a toll agency of additional
143	uses of electronic toll devices for legislative
144	consideration; amending s. 338.2275, F.S.; raising the
145	limit on outstanding bonds to fund turnpike projects;
146	removing a provision authorizing the department to acquire
147	the Sawgrass Expressway from the Broward County Expressway
148	Authority; amending s. 338.231, F.S.; authorizing the
149	department to set certain fees for the collection of
150	unpaid tolls; requiring public notice and public hearing
151	of the proposed fees; extending the timeframe for
152	application of requirement that the department program in
153	the tentative work program certain funds relative to the
154	share of toll collections attributable to users of the
155	turnpike system in certain areas; removing a reference to
156	conform; amending s. 339.135, F.S.; requiring the
157	department to notify certain local government officials of
158	certain proposed amendments to its adopted work program;
159	providing for comments from the local government that
160	would be affected by the amendment; providing procedures
161	for approval of the amendment; amending s. 339.175, F.S.;
162	revising intent; providing the method of creation and
163	operation of M.P.O.'s required to be designated pursuant
164	to federal law; specifying that an M.P.O. is separate from
165	the state or the governing body of a local government that
166	is represented on the governing board of the M.P.O. or
167	that is a signatory to the interlocal agreement creating
168	the M.P.O.; providing specified powers and privileges to
169	the M.P.O.; providing for the designation and duties of
170	certain officials; revising requirements for voting
171	membership; defining the term "elected officials of a
172	general-purpose local government" to exclude certain
173	constitutional officers for voting membership purposes;
174	providing for the appointment of alternates and advisers;
175	providing that members of an M.P.O. technical advisory
176	committee shall serve at the pleasure of the M.P.O.;
177	providing for the appointment of an executive or staff
178	director and other personnel; authorizing an M.P.O. to
179	enter into contracts with public or private entities to
180	accomplish its duties and functions; providing for the
181	training of certain persons who serve on an M.P.O. for
182	certain purposes; requiring that certain plans, programs,
183	and amendments that affect projects be approved by each
184	M.P.O. on a recorded roll call vote, or hand-counted vote,
185	of a majority of the membership present; amending s.
186	339.2819, F.S.; revising the share of matching funds for a
187	public transportation project provided from the
188	Transportation Regional Incentive Program; creating s.
189	339.282, F.S.; providing for certain transportation-
190	related contributions by a property owner or developer to
191	be applied toward future transportation concurrency
192	requirements; amending s. 339.55, F.S.; providing for the
193	use of State Infrastructure Bank loans for certain damaged
194	transportation facilities in areas officially declared to
195	be in a state of emergency; providing criteria; amending
196	s. 339.63, F.S.; providing criteria for Strategic
197	Intermodal System designations; amending s. 341.071, F.S.;
198	requiring an annual report by certain public transit
199	providers to be submitted by a certain date and to address
200	certain potential productivity and performance
201	enhancements; amending s. 343.81, F.S.; prohibiting
202	elected officials from serving on the Northwest Florida
203	Transportation Corridor Authority; providing for
204	application of the prohibition to apply to persons
205	appointed to serve on the authority after a certain date;
206	amending s. 343.82, F.S.; directing the authority to plan
207	for and study the feasibility of constructing, operating,
208	and maintaining a bridge or bridges, and appurtenant
209	structures, spanning Choctawhatchee Bay or Santa Rosa
210	Sound; authorizing the authority to construct, operate,
211	and maintain said bridges and structures; amending s.
212	348.0004, F.S.; authorizing certain transportation-related
213	authorities to enter into agreements with private entities
214	for the building, operation, ownership, or financing of
215	transportation facilities; amending s. 348.0012, F.S.;
216	revising provisions for certain exemptions from the
217	Florida Expressway Authority Act; amending s. 348.243,
218	F.S.; correcting a cross-reference; amending s. 348.754,
219	F.S.; authorizing the Orlando-Orange County Expressway
220	Authority to waive payment and performance bonds on
221	certain construction contracts if the contract is awarded
222	pursuant to an economic development program for the
223	encouragement of local small businesses; providing
224	criteria for participation in the program; providing
225	criteria for the bond waiver; providing for certain
226	determinations by the authority's executive director or a
227	designee as to the suitability of a project; providing for
228	certain payment obligations if a payment and performance
229	bond is waived; requiring the authority to record notice
230	of the obligation; limiting eligibility to bid on the
231	projects; providing for the authority to conduct bond
232	eligibility training for certain businesses; requiring the
233	authority to submit biennial reports to the Orange County
234	legislative delegation; amending ss. 163.3177, 339.176,
235	and 341.828, F.S.; correcting cross-references; amending
236	s. 334.30, F.S.; revising legislative intent; authorizing
237	the Department of Transportation to advance certain
238	projects in the Strategic Intermodal System Plan using
239	funds provided by public-private partnerships or private
240	entities; authorizing the department to lease toll
241	facilities to private entities; providing criteria for
242	such leasing agreements; providing that procurements of
243	public-private partnerships are not subject to specified
244	provisions unless they are part of the procurement
245	agreement or the public-private agreement; extending the
246	unsolicited private proposal advertisement period;
247	providing criteria for qualification of public-private
248	partnerships as part of the procurement process; requiring
249	the department to perform cost-benefit, value-for-money
250	analyses of the proposed public-private partnership;
251	providing for certain innovative financing techniques for
252	public-private partnerships; authorizing the department to
253	enter into public-private partnership agreements that
254	include extended terms under certain conditions; requiring
255	certain projects to be prioritized for selection;
256	providing public-private partnership agreement term
257	limits; limiting the amount of certain funds that may be
258	obligated for public-private projects; providing for the
259	disposition of certain toll revenues; removing a provision
260	for the speed of a certain fixed-guideway transportation
261	system; amending s. 338.165, F.S.; providing for toll rate
262	increases that are tied to certain inflation indicators;
263	providing for increases beyond inflation amounts;
264	repealing part I of chapter 348, F.S.; abolishing
265	expressway authorities created under the Florida
266	Expressway Authority Act; providing for disposition of
267	assets and assumption of liabilities; providing for
268	distribution of funds; amending s. 479.01, F.S.; defining
269	the term "wall mural"; creating s. 479.156, F.S.;
270	providing for regulation of wall murals by municipalities
271	or counties; requiring that certain wall murals be located
272	in areas zoned for industrial or commercial use; requiring
273	local regulation of wall murals to be consistent with
274	specified criteria; requiring certain wall murals to be
275	approved the Department of Transportation and the Federal
276	Highway Administration; providing that wall murals shall
277	not be considered when determining specified requirements
278	of new or existing signs; amending s. 2 of ch. 89-383,
279	Laws of Florida; providing for certain alterations to and
280	along Red Road in Miami-Dade County for transportation
281	safety purposes; directing the Department of
282	Transportation to conduct a study on the access roads to
283	pari-mutuel facilities and Indian reservation lands where
284	gaming activities occur; providing for the content of the
285	study; requiring a report to the Governor and the
286	Legislature; creating s. 163.3192, F.S.; providing for the
287	creation of transportation concurrency backlog
288	authorities; providing definitions; providing powers and
289	responsibilities of such authorities; providing for
290	transportation concurrency backlog plans; providing for
291	the issuance of revenue bonds for certain purposes;
292	providing for the establishment of a local trust fund
293	within each county or municipality with an identified
294	transportation concurrency backlog; providing exemptions
295	from transportation concurrency requirements; providing
296	for the satisfaction of concurrency requirements;
297	providing for dissolution of transportation concurrency
298	backlog authorities; providing an effective date.
299
300	Be It Enacted by the Legislature of the State of Florida:
301
302	Section 1.  Paragraph (h) of subsection (2) of section
303	20.23, Florida Statutes, is amended to read:
304	20.23  Department of Transportation.--There is created a
305	Department of Transportation which shall be a decentralized
306	agency.
307	(2)
308	(h)  The commission shall appoint an executive director and
309	assistant executive director, who shall serve under the
310	direction, supervision, and control of the commission. The
311	executive director, with the consent of the commission, shall
312	employ such staff as are necessary to perform adequately the
313	functions of the commission, within budgetary limitations. All
314	employees of the commission are exempt from part II of chapter
315	110 and shall serve at the pleasure of the commission. The
316	salaries and benefits of all employees of the commission, except
317	for the executive director, shall be set in accordance with the
318	Selected Exempt Service; provided, however, that the salary and
319	benefits of the executive director shall be set in accordance
320	with the Senior Management Service. The commission shall have
321	complete authority for fixing the salary of the executive
322	director and assistant executive director.
323	Section 2.  Subsection (14) of section 112.061, Florida
324	Statutes, is amended to read:
325	112.061  Per diem and travel expenses of public officers,
326	employees, and authorized persons.--
327	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
328	SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
329	ORGANIZATIONS.--
330	(a)  The following entities may establish rates that vary
331	from the per diem rate provided in paragraph (6)(a), the
332	subsistence rates provided in paragraph (6)(b), or the mileage
333	rate provided in paragraph (7)(d) if those rates are not less
334	than the statutorily established rates that are in effect for
335	the 2005-2006 fiscal year:
336	1.  The governing body of a county by the enactment of an
337	ordinance or resolution;
338	2.  A county constitutional officer, pursuant to s. 1(d),
339	Art. VIII of the State Constitution, by the establishment of
340	written policy;
341	3.  The governing body of a district school board by the
342	adoption of rules; or
343	4.  The governing body of a special district, as defined in
344	s. 189.403(1), except those special districts that are subject
345	to s. 166.021(10), by the enactment of a resolution; or
346	5.  Any metropolitan planning organization created pursuant
347	to s. 339.175 or any other separate legal or administrative
348	entity created pursuant to s. 339.175 of which a metropolitan
349	planning organization is a member, by the enactment of a
350	resolution.
351	(b)  Rates established pursuant to paragraph (a) must apply
352	uniformly to all travel by the county, county constitutional
353	officer and entity governed by that officer, district school
354	board, or special district, or metropolitan planning
355	organization.
356	(c)  Except as otherwise provided in this subsection,
357	counties, county constitutional officers and entities governed
358	by those officers, district school boards, and special
359	districts, and metropolitan planning organizations, other than
360	those subject to s. 166.021(10), remain subject to the
361	requirements of this section.
362	Section 3.  Subsection (1) of section 120.52, Florida
363	Statutes, is amended to read:
364	120.52  Definitions.--As used in this act:
365	(1)  "Agency" means:
366	(a)  The Governor in the exercise of all executive powers
367	other than those derived from the constitution.
368	(b)  Each:
369	1.  State officer and state department, and each
370	departmental unit described in s. 20.04.
371	2.  Authority, including a regional water supply authority.
372	3.  Board.
373	4.  Commission, including the Commission on Ethics and the
374	Fish and Wildlife Conservation Commission when acting pursuant
375	to statutory authority derived from the Legislature.
376	5.  Regional planning agency.
377	6.  Multicounty special district with a majority of its
378	governing board comprised of nonelected persons.
379	7.  Educational units.
380	8.  Entity described in chapters 163, 373, 380, and 582 and
381	s. 186.504.
382	(c)  Each other unit of government in the state, including
383	counties and municipalities, to the extent they are expressly
384	made subject to this act by general or special law or existing
385	judicial decisions.
386
387	This definition does not include any legal entity or agency
388	created in whole or in part pursuant to chapter 361, part II,
389	any metropolitan planning organization created pursuant to s.
390	339.175, any separate legal or administrative entity created
391	pursuant to s. 339.175 of which a metropolitan planning
392	organization is a member, an expressway authority pursuant to
393	chapter 348 or transportation authority under chapter 349, any
394	legal or administrative entity created by an interlocal
395	agreement pursuant to s. 163.01(7), unless any party to such
396	agreement is otherwise an agency as defined in this subsection,
397	or any multicounty special district with a majority of its
398	governing board comprised of elected persons; however, this
399	definition shall include a regional water supply authority.
400	Section 4.  Subsection (3) of section 349.03, Florida
401	Statutes, is amended to read:
402	349.03  Jacksonville Transportation Authority.--
403	(3)  The terms of appointed members shall be for 4 years
404	deemed to have commenced on June 1 of the year in which they are
405	appointed. Each member shall hold office until a successor has
406	been appointed and has qualified. A vacancy during a term shall
407	be filled by the respective appointing authority only for the
408	balance of the unexpired term. Any member appointed to the
409	authority for two consecutive full terms shall not be eligible
410	for appointment to the next succeeding term. One of the members
411	so appointed shall be designated annually by the members as
412	chair of the authority, one member shall be designated annually
413	as the vice chair of the authority, one member shall be
414	designated annually as the secretary of the authority, and one
415	member shall be designated annually as the treasurer of the
416	authority. The members of the authority shall not be entitled to
417	compensation, but shall be reimbursed for travel expenses or
418	other expenses actually incurred in their duties as provided by
419	law. Four voting members of the authority shall constitute a
420	quorum, and no resolution adopted by the authority shall become
421	effective unless with the affirmative vote of at least four
422	members. The authority shall may employ an executive director,
423	and the executive director may hire such staff, permanent or
424	temporary, as he or she may determine and may organize the staff
425	of the authority into such departments and units as he or she
426	may determine divisions as it deems necessary. The executive
427	director It may appoint department directors, deputy directors,
428	division chiefs, and staff assistants to the executive director,
429	as he or she may determine. In so appointing the executive
430	director, the authority may fix the compensation of such
431	appointee those appointees, who shall serve at the pleasure of
432	the authority. All employees of the authority shall be exempt
433	from the provisions of part II of chapter 110. The authority may
434	employ such financial advisers and consultants, technical
435	experts, engineers, and agents and employees, permanent or
436	temporary, as it may require and may fix the compensation and
437	qualifications of such persons, firms, or corporations. The
438	authority may delegate to one or more of its agents or employees
439	such of its powers as it shall deem necessary to carry out the
440	purposes of this chapter, subject always to the supervision and
441	control of the governing body of the authority.
442	Section 5.  Paragraph (n) is added to subsection (2) of
443	section 349.04, Florida Statutes, to read:
444	349.04  Purposes and powers.--
445	(2)  The authority is hereby granted, and shall have and
446	may exercise all powers necessary, appurtenant, convenient, or
447	incidental to the carrying out of the aforesaid purposes,
448	including, but without being limited to, the right and power:
449	(n)  To adopt rules to carry out the powers and obligations
450	herein granted, which set forth a purpose, necessary
451	definitions, forms, general conditions and procedures, and fines
452	and penalties, including, without limitation, suspension or
453	debarment, and charges for nonperformance, with respect to any
454	aspect of the work or function of the authority for the
455	permitting, planning, funding, design, acquisition,
456	construction, equipping, operation, and maintenance of
457	transportation facilities, transit and highway, within the
458	state, provided or operated by the authority or others in
459	cooperation with or at the direction of the authority, and for
460	carrying out all other purposes of the authority set forth or
461	authorized in this chapter.
462	Section 6.  Subsection (11), paragraph (a) of subsection
463	(42), and paragraph (b) of subsection (52) of section 121.021,
464	Florida Statutes, are amended, and subsection (62) is added to
465	that section, to read:
466	121.021  Definitions.--The following words and phrases as
467	used in this chapter have the respective meanings set forth
468	unless a different meaning is plainly required by the context:
469	(11)  "Officer or employee" means any person receiving
470	salary payments for work performed in a regularly established
471	position and, if employed by a city, a metropolitan planning
472	organization, or a special district, employed in a covered
473	group.
474	(42)(a)  "Local agency employer" means the board of county
475	commissioners or other legislative governing body of a county,
476	however styled, including that of a consolidated or metropolitan
477	government; a clerk of the circuit court, sheriff, property
478	appraiser, tax collector, or supervisor of elections, provided
479	such officer is elected or has been appointed to fill a vacancy
480	in an elective office; a community college board of trustees or
481	district school board; or the governing body of any city,
482	metropolitan planning organization created pursuant to s.
483	339.175 or any other separate legal or administrative entity
484	created pursuant to s. 339.175, or special district of the state
485	which participates in the system for the benefit of certain of
486	its employees.
487	(52)  "Regularly established position" is defined as
488	follows:
489	(b)  In a local agency (district school board, county
490	agency, community college, city, metropolitan planning
491	organization, or special district), the term means a regularly
492	established position which will be in existence for a period
493	beyond 6 consecutive months, except as provided by rule.
494	(62)  "Metropolitan planning organization" means an entity
495	created by an interlocal agreement pursuant to s. 339.175 or any
496	other entity created pursuant to s. 339.175.
497	Section 7.  Paragraph (b) of subsection (2) of section
498	121.051, Florida Statutes, is amended to read:
499	121.051  Participation in the system.--
500	(2)  OPTIONAL PARTICIPATION.--
501	(b)1.  The governing body of any municipality, metropolitan
502	planning organization, or special district in the state may
503	elect to participate in the system upon proper application to
504	the administrator and may cover all or any of its units as
505	approved by the Secretary of Health and Human Services and the
506	administrator. The department shall adopt rules establishing
507	provisions for the submission of documents necessary for such
508	application. Prior to being approved for participation in the
509	Florida Retirement System, the governing body of any such
510	municipality, metropolitan planning organization, or special
511	district that has a local retirement system shall submit to the
512	administrator a certified financial statement showing the
513	condition of the local retirement system as of a date within 3
514	months prior to the proposed effective date of membership in the
515	Florida Retirement System. The statement must be certified by a
516	recognized accounting firm that is independent of the local
517	retirement system. All required documents necessary for
518	extending Florida Retirement System coverage must be received by
519	the department for consideration at least 15 days prior to the
520	proposed effective date of coverage. If the municipality,
521	metropolitan planning organization, or special district does not
522	comply with this requirement, the department may require that
523	the effective date of coverage be changed.
524	2.  Any city, metropolitan planning organization, or
525	special district that has an existing retirement system covering
526	the employees in the units that are to be brought under the
527	Florida Retirement System may participate only after holding a
528	referendum in which all employees in the affected units have the
529	right to participate. Only those employees electing coverage
530	under the Florida Retirement System by affirmative vote in said
531	referendum shall be eligible for coverage under this chapter,
532	and those not participating or electing not to be covered by the
533	Florida Retirement System shall remain in their present systems
534	and shall not be eligible for coverage under this chapter. After
535	the referendum is held, all future employees shall be compulsory
536	members of the Florida Retirement System.
537	3.  The governing body of any city, metropolitan planning
538	organization, or special district complying with subparagraph 1.
539	may elect to provide, or not provide, benefits based on past
540	service of officers and employees as described in s. 121.081(1).
541	However, if such employer elects to provide past service
542	benefits, such benefits must be provided for all officers and
543	employees of its covered group.
544	4.  Once this election is made and approved it may not be
545	revoked, except pursuant to subparagraphs 5. and 6., and all
546	present officers and employees electing coverage under this
547	chapter and all future officers and employees shall be
548	compulsory members of the Florida Retirement System.
549	5.  Subject to the conditions set forth in subparagraph 6.,
550	the governing body of any hospital licensed under chapter 395
551	which is governed by the board of a special district as defined
552	in s. 189.403(1) or by the board of trustees of a public health
553	trust created under s. 154.07, hereinafter referred to as
554	"hospital district," and which participates in the system, may
555	elect to cease participation in the system with regard to future
556	employees in accordance with the following procedure:
557	a.  No more than 30 days and at least 7 days before
558	adopting a resolution to partially withdraw from the Florida
559	Retirement System and establish an alternative retirement plan
560	for future employees, a public hearing must be held on the
561	proposed withdrawal and proposed alternative plan.
562	b.  From 7 to 15 days before such hearing, notice of intent
563	to withdraw, specifying the time and place of the hearing, must
564	be provided in writing to employees of the hospital district
565	proposing partial withdrawal and must be published in a
566	newspaper of general circulation in the area affected, as
567	provided by ss. 50.011-50.031. Proof of publication of such
568	notice shall be submitted to the Department of Management
569	Services.
570	c.  The governing body of any hospital district seeking to
571	partially withdraw from the system must, before such hearing,
572	have an actuarial report prepared and certified by an enrolled
573	actuary, as defined in s. 112.625(3), illustrating the cost to
574	the hospital district of providing, through the retirement plan
575	that the hospital district is to adopt, benefits for new
576	employees comparable to those provided under the Florida
577	Retirement System.
578	d.  Upon meeting all applicable requirements of this
579	subparagraph, and subject to the conditions set forth in
580	subparagraph 6., partial withdrawal from the system and adoption
581	of the alternative retirement plan may be accomplished by
582	resolution duly adopted by the hospital district board. The
583	hospital district board must provide written notice of such
584	withdrawal to the division by mailing a copy of the resolution
585	to the division, postmarked no later than December 15, 1995. The
586	withdrawal shall take effect January 1, 1996.
587	6.  Following the adoption of a resolution under sub-
588	subparagraph 5.d., all employees of the withdrawing hospital
589	district who were participants in the Florida Retirement System
590	prior to January 1, 1996, shall remain as participants in the
591	system for as long as they are employees of the hospital
592	district, and all rights, duties, and obligations between the
593	hospital district, the system, and the employees shall remain in
594	full force and effect. Any employee who is hired or appointed on
595	or after January 1, 1996, may not participate in the Florida
596	Retirement System, and the withdrawing hospital district shall
597	have no obligation to the system with respect to such employees.
598	Section 8.  Paragraph (l) is added to subsection (1) of
599	section 121.055, Florida Statutes, to read:
600	121.055  Senior Management Service Class.--There is hereby
601	established a separate class of membership within the Florida
602	Retirement System to be known as the "Senior Management Service
603	Class," which shall become effective February 1, 1987.
604	(1)
605	(l)  For each metropolitan planning organization that has
606	opted to become part of the Florida Retirement System,
607	participation in the Senior Management Service Class shall be
608	compulsory for the executive director or staff director of that
609	metropolitan planning organization.
610	Section 9.  Paragraphs (a) and (c) of subsection (2) of
611	section 121.061, Florida Statutes, are amended to read:
612	121.061  Funding.--
613	(2)(a)  Should any employer other than a state employer
614	fail to make the retirement and social security contributions,
615	both member and employer contributions, required by this
616	chapter, then, upon request by the administrator, the Department
617	of Revenue or the Department of Financial Services, as the case
618	may be, shall deduct the amount owed by the employer from any
619	funds to be distributed by it to the county, city, metropolitan
620	planning organization, special district, or consolidated form of
621	government. The amounts so deducted shall be transferred to the
622	administrator for further distribution to the trust funds in
623	accordance with this chapter.
624	(c)  The governing body of each county, city, metropolitan
625	planning organization, special district, or consolidated form of
626	government participating under this chapter or the
627	administrator, acting individually or jointly, is hereby
628	authorized to file and maintain an action in the courts of the
629	state to require any employer to remit any retirement or social
630	security member contributions or employer matching payments due
631	the retirement or social security trust funds under the
632	provisions of this chapter.
633	Section 10.  Paragraphs (a), (b), and (e) of subsection (1)
634	of section 121.081, Florida Statutes, are amended to read:
635	121.081  Past service; prior service;
636	contributions.--Conditions under which past service or prior
637	service may be claimed and credited are:
638	(1)(a)  Past service, as defined in s. 121.021(18), may be
639	claimed as creditable service by officers or employees of a
640	city, metropolitan planning organization, or special district
641	that become a covered group under this system. The governing
642	body of a covered group in compliance with s. 121.051(2)(b) may
643	elect to provide benefits with respect to past service earned
644	prior to January 1, 1975, in accordance with this chapter, and
645	the cost for such past service shall be established by applying
646	the following formula: The member contribution for both regular
647	and special risk members shall be 4 percent of the gross annual
648	salary for each year of past service claimed, plus 4-percent
649	employer matching contribution, plus 4 percent interest thereon
650	compounded annually, figured on each year of past service, with
651	interest compounded from date of annual salary earned until July
652	1, 1975, and 6.5 percent interest compounded annually thereafter
653	until date of payment. Once the total cost for a member has been
654	figured to date, then after July 1, 1975, 6.5 percent compounded
655	interest shall be added each June 30 thereafter on any unpaid
656	balance until the cost of such past service liability is paid in
657	full. The following formula shall be used in calculating past
658	service earned prior to January 1, 1975: (Annual gross salary
659	multiplied by 8 percent) multiplied by the 4 percent or 6.5
660	percent compound interest table factor, as may be applicable.
661	The resulting product equals cost to date for each particular
662	year of past service.
663	(b)  Past service earned after January 1, 1975, may be
664	claimed by officers or employees of a city, metropolitan
665	planning organization, or special district that becomes a
666	covered group under this system. The governing body of a covered
667	group may elect to provide benefits with respect to past service
668	earned after January 1, 1975, in accordance with this chapter,
669	and the cost for such past service shall be established by
670	applying the following formula: The employer shall contribute an
671	amount equal to the contribution rate in effect at the time the
672	service was earned, multiplied by the employee's gross salary
673	for each year of past service claimed, plus 6.5 percent interest
674	thereon, compounded annually, figured on each year of past
675	service, with interest compounded from date of annual salary
676	earned until date of payment.
677	(e)  Past service, as defined in s. 121.021(18), may be
678	claimed as creditable service by a member of the Florida
679	Retirement System who formerly was an officer or employee of a
680	city, metropolitan planning organization, or special district,
681	notwithstanding the status or form of the retirement system, if
682	any, of that city, metropolitan planning organization, or
683	special district and irrespective of whether officers or
684	employees of that city, metropolitan planning organization, or
685	special district now or hereafter become a covered group under
686	the Florida Retirement System. Such member may claim creditable
687	service and be entitled to the benefits accruing to the regular
688	class of members as provided for the past service claimed under
689	this paragraph by paying into the retirement trust fund an
690	amount equal to the total actuarial cost of providing the
691	additional benefit resulting from such past-service credit,
692	discounted by the applicable actuarial factors to date of
693	retirement.
694	Section 11.  Paragraph (e) of subsection (2) of section
695	212.055, Florida Statutes, is amended to read:
696	212.055  Discretionary sales surtaxes; legislative intent;
697	authorization and use of proceeds.--It is the legislative intent
698	that any authorization for imposition of a discretionary sales
699	surtax shall be published in the Florida Statutes as a
700	subsection of this section, irrespective of the duration of the
701	levy. Each enactment shall specify the types of counties
702	authorized to levy; the rate or rates which may be imposed; the
703	maximum length of time the surtax may be imposed, if any; the
704	procedure which must be followed to secure voter approval, if
705	required; the purpose for which the proceeds may be expended;
706	and such other requirements as the Legislature may provide.
707	Taxable transactions and administrative procedures shall be as
708	provided in s. 212.054.
709	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
710	(e)  School districts, counties, and municipalities
711	receiving proceeds under the provisions of this subsection may
712	pledge such proceeds for the purpose of servicing new bond
713	indebtedness incurred pursuant to law. Local governments may use
714	the services of the Division of Bond Finance of the State Board
715	of Administration pursuant to the State Bond Act to issue any
716	bonds through the provisions of this subsection. In no case may
717	a jurisdiction issue bonds pursuant to this subsection more
718	frequently than once per year. Counties and municipalities may
719	join together for the issuance of bonds authorized by this
720	subsection.
721	Section 12.  Subsection (1) of section 215.615, Florida
722	Statutes, is amended to read:
723	215.615  Fixed-guideway transportation systems funding.--
724	(1)  The issuance of revenue bonds by the Division of Bond
725	Finance, on behalf of the Department of Transportation, pursuant
726	to s. 11, Art. VII of the State Constitution, is authorized,
727	pursuant to the State Bond Act, to finance or refinance fixed
728	capital expenditures for fixed-guideway transportation systems,
729	as defined in s. 341.031, including facilities appurtenant
730	thereto, costs of issuance, and other amounts relating to such
731	financing or refinancing. Such revenue bonds shall be matched on
732	a 50-50 basis with funds from sources other than revenues of the
733	Department of Transportation, in a manner acceptable to the
734	Department of Transportation. The Division of Bond Finance is
735	authorized to consider innovative financing techniques,
736	technologies which may include, but are not limited to,
737	innovative bidding and structures of potential financings
738	findings that may result in negotiated transactions. The
739	following conditions apply to the issuance of revenue bonds for
740	fixed-guideway transportation systems:
741	(a)  The department and any participating commuter rail
742	authority or regional transportation authority established under
743	chapter 343, local governments, or local governments
744	collectively by interlocal agreement having jurisdiction of a
745	fixed-guideway transportation system may enter into an
746	interlocal agreement to promote the efficient and cost-effective
747	financing or refinancing of fixed-guideway transportation system
748	projects by revenue bonds issued pursuant to this subsection.
749	The terms of such interlocal agreements shall include provisions
750	for the Department of Transportation to request the issuance of
751	the bonds on behalf of the parties; shall provide that after
752	reimbursement pursuant to interlocal agreement, the department's
753	share may be up to 50 percent of the eligible project cost,
754	which may include a share of annual each party to the agreement
755	is contractually liable for an equal share of funding an amount
756	equal to the debt service requirements of such bonds; and shall
757	include any other terms, provisions, or covenants necessary to
758	the making of and full performance under such interlocal
759	agreement. Repayments made to the department under any
760	interlocal agreement are not pledged to the repayment of bonds
761	issued hereunder, and failure of the local governmental
762	authority to make such payment shall not affect the obligation
763	of the department to pay debt service on the bonds.
764	(b)  Revenue bonds issued pursuant to this subsection shall
765	not constitute a general obligation of, or a pledge of the full
766	faith and credit of, the State of Florida. Bonds issued pursuant
767	to this section shall be payable from funds available pursuant
768	to s. 206.46(3), or other funds available to the project,
769	subject to annual appropriation. The amount of revenues
770	available for debt service shall never exceed a maximum of 2
771	percent of all state revenues deposited into the State
772	Transportation Trust Fund.
773	(c)  The projects to be financed or refinanced with the
774	proceeds of the revenue bonds issued hereunder are designated as
775	state fixed capital outlay projects for purposes of s. 11(d),
776	Art. VII of the State Constitution, and the specific projects to
777	be financed or refinanced shall be determined by the Department
778	of Transportation in accordance with state law and
779	appropriations from the State Transportation Trust Fund. Each
780	project to be financed with the proceeds of the bonds issued
781	pursuant to this subsection must first be approved by the
782	Legislature by an act of general law.
783	(d)  Any complaint for validation of bonds issued pursuant
784	to this section shall be filed in the circuit court of the
785	county where the seat of state government is situated, the
786	notice required to be published by s. 75.06 shall be published
787	only in the county where the complaint is filed, and the
788	complaint and order of the circuit court shall be served only on
789	the state attorney of the circuit in which the action is
790	pending.
791	(e)  The state does hereby covenant with holders of such
792	revenue bonds or other instruments of indebtedness issued
793	hereunder, that it will not repeal or impair or amend these
794	provisions in any manner that will materially and adversely
795	affect the rights of such holders as long as bonds authorized by
796	this subsection are outstanding.
797	(f)  This subsection supersedes any inconsistent provisions
798	in existing law.
799
800	Notwithstanding this subsection, the lien of revenue bonds
801	issued pursuant to this subsection on moneys deposited into the
802	State Transportation Trust Fund shall be subordinate to the lien
803	on such moneys of bonds issued under ss. 215.605, 320.20, and
804	215.616, and any pledge of such moneys to pay operating and
805	maintenance expenses under s. 206.46(5) and chapter 348, as may
806	be amended.
807	Section 13.  Section 316.2123, Florida Statutes, is amended
808	to read:
809	316.2123  Operation of an ATV on certain roadways.--
810	(1)  The operation of an ATV, as defined in s. 317.0003,
811	upon the public roads or streets of this state is prohibited,
812	except that an ATV may be operated during the daytime on an
813	unpaved roadway where the posted speed limit is less than 35
814	miles per hour by a licensed driver or by a minor under the
815	supervision of a licensed driver. The operator must provide
816	proof of ownership pursuant to chapter 317 upon request by a law
817	enforcement officer.
818	(2)  A county is exempt from this section if the governing
819	body of the county, by majority vote, following a noticed public
820	hearing, votes to exempt the county from this section.
821	Alternatively, a county may, by majority vote after such a
822	hearing, designate certain unpaved roadways where an ATV may be
823	operated during the daytime as long as each such designated
824	roadway has a posted speed limit of less than 35 miles per hour
825	and is appropriately marked to indicate permissible ATV use.
826	(3)  Any ATV operation that is permitted under subsection
827	(1) or subsection (2) may be undertaken only by a licensed
828	driver or a minor who is under the direct supervision of a
829	licensed driver. The operator must provide proof of ownership
830	under chapter 317 upon the request of a law enforcement officer.
831	Section 14.  Subsection (1) of section 316.605, Florida
832	Statutes, is amended to read:
833	316.605  Licensing of vehicles.--
834	(1)  Every vehicle, at all times while driven, stopped, or
835	parked upon any highways, roads, or streets of this state, shall
836	be licensed in the name of the owner thereof in accordance with
837	the laws of this state unless such vehicle is not required by
838	the laws of this state to be licensed in this state and shall,
839	except as otherwise provided in s. 320.0706 for front-end
840	registration license plates on truck tractors and s. 320.086(5)
841	which exempts display of license plates on described former
842	military vehicles, display the license plate or both of the
843	license plates assigned to it by the state, one on the rear and,
844	if two, the other on the front of the vehicle, each to be
845	securely fastened to the vehicle outside the main body of the
846	vehicle not higher than 60 inches and not lower than 12 inches
847	from the ground and no more than 24 inches to the left or right
848	of the centerline of the vehicle, and in such manner as to
849	prevent the plates from swinging, and all letters, numerals,
850	printing, writing, and other identification marks upon the
851	plates regarding the word "Florida," the registration decal, and
852	the alphanumeric designation shall be clear and distinct and
853	free from defacement, mutilation, grease, and other obscuring
854	matter, so that they will be plainly visible and legible at all
855	times 100 feet from the rear or front. Vehicle license plates
856	shall be affixed and displayed in such a manner that the letters
857	and numerals shall be read from left to right parallel to the
858	ground. No vehicle license plate may be displayed in an inverted
859	or reversed position or in such a manner that the letters and
860	numbers and their proper sequence are not readily identifiable.
861	Nothing shall be placed upon the face of a Florida plate except
862	as permitted by law or by rule or regulation of a governmental
863	agency. No license plates other than those furnished by the
864	state shall be used. However, if the vehicle is not required to
865	be licensed in this state, the license plates on such vehicle
866	issued by another state, by a territory, possession, or district
867	of the United States, or by a foreign country, substantially
868	complying with the provisions hereof, shall be considered as
869	complying with this chapter. A violation of this subsection is a
870	noncriminal traffic infraction, punishable as a nonmoving
871	violation as provided in chapter 318.
872	Section 15.  Paragraph (b) of subsection (3) of section
873	316.650, Florida Statutes, is amended to read:
874	316.650  Traffic citations.--
875	(3)
876	(b)  If a traffic citation is issued pursuant to s.
877	316.1001, a traffic enforcement officer may deposit the original
878	and one copy of such traffic citation or, in the case of a
879	traffic enforcement agency that has an automated citation
880	system, may provide an electronic facsimile with a court having
881	jurisdiction over the alleged offense or with its traffic
882	violations bureau within 45 days after the date of issuance of
883	the citation to the violator. If the person cited for the
884	violation of s. 316.1001 makes the election provided by s.
885	318.14(12) and pays the $25 fine, or such other amount as
886	imposed by the governmental entity owning the applicable toll
887	facility, plus the amount of the unpaid toll that is shown on
888	the traffic citation directly to the governmental entity that
889	issued the citation, or on whose behalf the citation was issued,
890	in accordance with s. 318.14(12), the traffic citation will not
891	be submitted to the court, the disposition will be reported to
892	the department by the governmental entity that issued the
893	citation, or on whose behalf the citation was issued, and no
894	points will be assessed against the person's driver's license.
895	Section 16.  Subsection (12) of section 318.14, Florida
896	Statutes, is amended to read:
897	318.14  Noncriminal traffic infractions; exception;
898	procedures.--
899	(12)  Any person cited for a violation of s. 316.1001 may,
900	in lieu of making an election as set forth in subsection (4) or
901	s. 318.18(7), elect to pay a his or her fine of $25, or such
902	other amount as imposed by the governmental entity owning the
903	applicable toll facility, plus the amount of the unpaid toll
904	that is shown on the traffic citation directly to the
905	governmental entity that issued the citation, or on whose behalf
906	the citation was issued, within 30 days after the date of
907	issuance of the citation. Any person cited for a violation of s.
908	316.1001 who does not elect to pay the fine imposed by the
909	governmental entity owning the applicable toll facility plus the
910	amount of the unpaid toll that is shown on the traffic citation
911	directly to the governmental entity that issued the citation, or
912	on whose behalf the citation was issued, as described in this
913	subsection section shall have an additional 45 days after the
914	date of the issuance of the citation in which to request a court
915	hearing or to pay the civil penalty and delinquent fee, if
916	applicable, as provided in s. 318.18(7), either by mail or in
917	person, in accordance with subsection (4).
918	Section 17.  Section 318.18, Florida Statutes, is amended
919	to read:
920	318.18  Amount of civil penalties.--The penalties required
921	for a noncriminal disposition pursuant to s. 318.14 or a
922	criminal offense listed in s. 318.17 are as follows:
923	(1)  Fifteen dollars for:
924	(a)  All infractions of pedestrian regulations.
925	(b)  All infractions of s. 316.2065, unless otherwise
926	specified.
927	(c)  Other violations of chapter 316 by persons 14 years of
928	age or under who are operating bicycles, regardless of the
929	noncriminal traffic infraction's classification.
930	(2)  Thirty dollars for all nonmoving traffic violations
931	and:
932	(a)  For all violations of s. 322.19.
933	(b)  For all violations of ss. 320.0605, 320.07(1),
934	322.065, and 322.15(1). Any person who is cited for a violation
935	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
936	320.07(4).
937	1.  If a person who is cited for a violation of s. 320.0605
938	or s. 320.07 can show proof of having a valid registration at
939	the time of arrest, the clerk of the court may dismiss the case
940	and may assess a dismissal fee of up to $7.50. A person who
941	finds it impossible or impractical to obtain a valid
942	registration certificate must submit an affidavit detailing the
943	reasons for the impossibility or impracticality. The reasons may
944	include, but are not limited to, the fact that the vehicle was
945	sold, stolen, or destroyed; that the state in which the vehicle
946	is registered does not issue a certificate of registration; or
947	that the vehicle is owned by another person.
948	2.  If a person who is cited for a violation of s. 322.03,
949	s. 322.065, or s. 322.15 can show a driver's license issued to
950	him or her and valid at the time of arrest, the clerk of the
951	court may dismiss the case and may assess a dismissal fee of up
952	to $7.50.
953	3.  If a person who is cited for a violation of s. 316.646
954	can show proof of security as required by s. 627.733, issued to
955	the person and valid at the time of arrest, the clerk of the
956	court may dismiss the case and may assess a dismissal fee of up
957	to $7.50. A person who finds it impossible or impractical to
958	obtain proof of security must submit an affidavit detailing the
959	reasons for the impracticality. The reasons may include, but are
960	not limited to, the fact that the vehicle has since been sold,
961	stolen, or destroyed; that the owner or registrant of the
962	vehicle is not required by s. 627.733 to maintain personal
963	injury protection insurance; or that the vehicle is owned by
964	another person.
965	(c)  For all violations of ss. 316.2935 and 316.610.
966	However, for a violation of s. 316.2935 or s. 316.610, if the
967	person committing the violation corrects the defect and obtains
968	proof of such timely repair by an affidavit of compliance
969	executed by the law enforcement agency within 30 days from the
970	date upon which the traffic citation was issued, and pays $4 to
971	the law enforcement agency, thereby completing the affidavit of
972	compliance, then upon presentation of said affidavit by the
973	defendant to the clerk within the 30-day time period set forth
974	under s. 318.14(4), the fine must be reduced to $7.50, which the
975	clerk of the court shall retain.
976	(d)  For all violations of s. 316.126(1)(b), unless
977	otherwise specified.
978	(3)(a)  Except as otherwise provided in this section, $60
979	for all moving violations not requiring a mandatory appearance.
980	(b)  For moving violations involving unlawful speed, the
981	fines are as follows:
982
983	For speed exceeding the limit by:     Fine:
984	1-5 m.p.h..     ..Warning
985	6-9 m.p.h..     ..$ 25
986	10-14 m.p.h..     ..$100
987	15-19 m.p.h..     ..$125
988	20-29 m.p.h..     ..$150
989	30 m.p.h. and above..     ..$250
990	(c)  Notwithstanding paragraph (b), a person cited for
991	exceeding the speed limit by up to 5 m.p.h. in a legally posted
992	school zone will be fined $50. A person exceeding the speed
993	limit in a school zone shall pay a fine double the amount listed
994	in paragraph (b).
995	(d)  A person cited for exceeding the speed limit in a
996	posted construction zone, which posting must include
997	notification of the speed limit and the doubling of fines, shall
998	pay a fine double the amount listed in paragraph (b). The fine
999	shall be doubled for construction zone violations only if
1000	construction personnel are present or operating equipment on the
1001	road or immediately adjacent to the road under construction.
1002	(e)  A person cited for exceeding the speed limit in an
1003	enhanced penalty zone shall pay a fine amount of $50 plus the
1004	amount listed in paragraph (b). Notwithstanding paragraph (b), a
1005	person cited for exceeding the speed limit by up to 5 m.p.h. in
1006	a legally posted enhanced penalty zone shall pay a fine amount
1007	of $50.
1008	(f)  If a violation of s. 316.1301 or s. 316.1303 results
1009	in an injury to the pedestrian or damage to the property of the
1010	pedestrian, an additional fine of up to $250 shall be paid. This
1011	amount must be distributed pursuant to s. 318.21.
1012	(g)  A person cited for exceeding the speed limit within a
1013	zone posted for any electronic or manual toll collection
1014	facility shall pay a fine double the amount listed in paragraph
1015	(b). However, no person cited for exceeding the speed limit in
1016	any toll collection zone shall be subject to a doubled fine
1017	unless the governmental entity or authority controlling the toll
1018	collection zone first installs a traffic control device
1019	providing warning that speeding fines are doubled. Any such
1020	traffic control device must meet the requirements of the uniform
1021	system of traffic control devices.
1022	(h)  A person cited for a second or subsequent conviction
1023	of speed exceeding the limit by 30 miles per hour and above
1024	within a 12-month period shall pay a fine that is double the
1025	amount listed in paragraph (b). For purposes of this paragraph,
1026	the term "conviction" means a finding of guilt as a result of a
1027	jury verdict, nonjury trial, or entry of a plea of guilty.
1028	Moneys received from the increased fine imposed by this
1029	paragraph shall be remitted to the Department of Revenue and
1030	deposited into the Department of Health Administrative Trust
1031	Fund to provide financial support to certified trauma centers to
1032	assure the availability and accessibility of trauma services
1033	throughout the state. Funds deposited into the Administrative
1034	Trust Fund under this section shall be allocated as follows:
1035	1.  Fifty percent shall be allocated equally among all
1036	Level I, Level II, and pediatric trauma centers in recognition
1037	of readiness costs for maintaining trauma services.
1038	2.  Fifty percent shall be allocated among Level I, Level
1039	II, and pediatric trauma centers based on each center's relative
1040	volume of trauma cases as reported in the Department of Health
1041	Trauma Registry.
1042	(4)  The penalty imposed under s. 316.545 shall be
1043	determined by the officer in accordance with the provisions of
1044	ss. 316.535 and 316.545.
1045	(5)(a)  One hundred dollars for a violation of s.
1046	316.172(1)(a), failure to stop for a school bus. If, at a
1047	hearing, the alleged offender is found to have committed this
1048	offense, the court shall impose a minimum civil penalty of $100.
1049	In addition to this penalty, for a second or subsequent offense
1050	within a period of 5 years, the department shall suspend the
1051	driver's license of the person for not less than 90 days and not
1052	more than 6 months.
1053	(b)  Two hundred dollars for a violation of s.
1054	316.172(1)(b), passing a school bus on the side that children
1055	enter and exit when the school bus displays a stop signal. If,
1056	at a hearing, the alleged offender is found to have committed
1057	this offense, the court shall impose a minimum civil penalty of
1058	$200. In addition to this penalty, for a second or subsequent
1059	offense within a period of 5 years, the department shall suspend
1060	the driver's license of the person for not less than 180 days
1061	and not more than 1 year.
1062	(6)  One hundred dollars or the fine amount designated by
1063	county ordinance, plus court costs for illegally parking, under
1064	s. 316.1955, in a parking space provided for people who have
1065	disabilities. However, this fine will be waived if a person
1066	provides to the law enforcement agency that issued the citation
1067	for such a violation proof that the person committing the
1068	violation has a valid parking permit or license plate issued
1069	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1070	or s. 320.0848 or a signed affidavit that the owner of the
1071	disabled parking permit or license plate was present at the time
1072	the violation occurred, and that such a parking permit or
1073	license plate was valid at the time the violation occurred. The
1074	law enforcement officer, upon determining that all required
1075	documentation has been submitted verifying that the required
1076	parking permit or license plate was valid at the time of the
1077	violation, must sign an affidavit of compliance. Upon provision
1078	of the affidavit of compliance and payment of a dismissal fee of
1079	up to $7.50 to the clerk of the circuit court, the clerk shall
1080	dismiss the citation.
1081	(7)  Mandatory $100 fine One hundred dollars for each a
1082	violation of s. 316.1001 plus the amount of the unpaid toll
1083	shown on the traffic citation for each citation issued. The
1084	clerk of the court shall forward $25 of the $100 fine received,
1085	plus the amount of the unpaid toll that is shown on the
1086	citation, to the governmental entity that issued the citation,
1087	or on whose behalf the citation was issued. If a plea
1088	arrangement is reached prior to the date set for a scheduled
1089	evidentiary hearing and adjudication is withheld, there shall be
1090	a mandatory fine assessed per citation of not less than $50 and
1091	not more than $100, plus the amount of the unpaid toll for each
1092	citation issued. The clerk of the court shall forward $25 of the
1093	fine imposed plus the amount of the unpaid toll that is shown on
1094	the citation to the governmental entity that issued the citation
1095	or on whose behalf the citation was issued. The court shall have
1096	specific authority to consolidate issued citations for the same
1097	defendant for the purpose of sentencing and aggregate
1098	jurisdiction. In addition, the department shall suspend for 60
1099	days the driver's license of a person who is convicted of 10
1100	violations of s. 316.1001 within a 36-month period. However, a
1101	person may elect to pay $30 to the clerk of the court, in which
1102	case adjudication is withheld, and no points are assessed under
1103	s. 322.27. Upon receipt of the fine, the clerk of the court must
1104	retain $5 for administrative purposes and must forward the $25
1105	to the governmental entity that issued the citation. Any funds
1106	received by a governmental entity for this violation may be used
1107	for any lawful purpose related to the operation or maintenance
1108	of a toll facility.
1109	(8)(a)  Any person who fails to comply with the court's
1110	requirements or who fails to pay the civil penalties specified
1111	in this section within the 30-day period provided for in s.
1112	318.14 must pay an additional civil penalty of $12, $2.50 of
1113	which must be remitted to the Department of Revenue for deposit
1114	in the General Revenue Fund, and $9.50 of which must be remitted
1115	to the Department of Revenue for deposit in the Highway Safety
1116	Operating Trust Fund. The department shall contract with the
1117	Florida Association of Court Clerks, Inc., to design, establish,
1118	operate, upgrade, and maintain an automated statewide Uniform
1119	Traffic Citation Accounting System to be operated by the clerks
1120	of the court which shall include, but not be limited to, the
1121	accounting for traffic infractions by type, a record of the
1122	disposition of the citations, and an accounting system for the
1123	fines assessed and the subsequent fine amounts paid to the
1124	clerks of the court. On or before December 1, 2001, the clerks
1125	of the court must provide the information required by this
1126	chapter to be transmitted to the department by electronic
1127	transmission pursuant to the contract.
1128	(b)  Any person who fails to comply with the court's
1129	requirements as to civil penalties specified in this section due
1130	to demonstrable financial hardship shall be authorized to
1131	satisfy such civil penalties by public works or community
1132	service. Each hour of such service shall be applied, at the rate
1133	of the minimum wage, toward payment of the person's civil
1134	penalties; provided, however, that if the person has a trade or
1135	profession for which there is a community service need and
1136	application, the rate for each hour of such service shall be the
1137	average standard wage for such trade or profession. Any person
1138	who fails to comply with the court's requirements as to such
1139	civil penalties who does not demonstrate financial hardship may
1140	also, at the discretion of the court, be authorized to satisfy
1141	such civil penalties by public works or community service in the
1142	same manner.
1143	(c)  If the noncriminal infraction has caused or resulted
1144	in the death of another, the person who committed the infraction
1145	may perform 120 community service hours under s. 316.027(4), in
1146	addition to any other penalties.
1147	(9)  One hundred dollars for a violation of s. 316.1575.
1148	(10)  Twenty-five dollars for a violation of s. 316.2074.
1149	(11)(a)  In addition to the stated fine, court costs must
1150	be paid in the following amounts and shall be deposited by the
1151	clerk into the fine and forfeiture fund established pursuant to
1152	s. 142.01:
1153
1154	For pedestrian infractions..     ..$  3.
1155	For nonmoving traffic infractions..     ..$ 16.
1156	For moving traffic infractions..     ..$ 30.
1157	(b)  In addition to the court cost required under paragraph
1158	(a), up to $3 for each infraction shall be collected and
1159	distributed by the clerk in those counties that have been
1160	authorized to establish a criminal justice selection center or a
1161	criminal justice access and assessment center pursuant to the
1162	following special acts of the Legislature:
1163	1.  Chapter 87-423, Laws of Florida, for Brevard County.
1164	2.  Chapter 89-521, Laws of Florida, for Bay County.
1165	3.  Chapter 94-444, Laws of Florida, for Alachua County.
1166	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1167
1168	Funds collected by the clerk pursuant to this paragraph shall be
1169	distributed to the centers authorized by those special acts.
1170	(c)  In addition to the court cost required under paragraph
1171	(a), a $2.50 court cost must be paid for each infraction to be
1172	distributed by the clerk to the county to help pay for criminal
1173	justice education and training programs pursuant to s. 938.15.
1174	Funds from the distribution to the county not directed by the
1175	county to fund these centers or programs shall be retained by
1176	the clerk and used for funding the court-related services of the
1177	clerk.
1178	(d)  In addition to the court cost required under paragraph
1179	(a), a $3 court cost must be paid for each infraction to be
1180	distributed as provided in s. 938.01 and a $2 court cost as
1181	provided in s. 938.15 when assessed by a municipality or county.
1182	(12)  Two hundred dollars for a violation of s. 316.520(1)
1183	or (2). If, at a hearing, the alleged offender is found to have
1184	committed this offense, the court shall impose a minimum civil
1185	penalty of $200. For a second or subsequent adjudication within
1186	a period of 5 years, the department shall suspend the driver's
1187	license of the person for not less than 1 year and not more than
1188	2 years.
1189	(13)  In addition to any penalties imposed for noncriminal
1190	traffic infractions pursuant to this chapter or imposed for
1191	criminal violations listed in s. 318.17, a board of county
1192	commissioners or any unit of local government which is
1193	consolidated as provided by s. 9, Art. VIII of the State
1194	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1195	Constitution of 1968:
1196	(a)  May impose by ordinance a surcharge of up to $15 for
1197	any infraction or violation to fund state court facilities. The
1198	court shall not waive this surcharge. Up to 25 percent of the
1199	revenue from such surcharge may be used to support local law
1200	libraries provided that the county or unit of local government
1201	provides a level of service equal to that provided prior to July
1202	1, 2004, which shall include the continuation of library
1203	facilities located in or near the county courthouse or annexes.
1204	(b)  That imposed increased fees or service charges by
1205	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1206	purpose of securing payment of the principal and interest on
1207	bonds issued by the county before July 1, 2003, to finance state
1208	court facilities, may impose by ordinance a surcharge for any
1209	infraction or violation for the exclusive purpose of securing
1210	payment of the principal and interest on bonds issued by the
1211	county before July 1, 2003, to fund state court facilities until
1212	the date of stated maturity. The court shall not waive this
1213	surcharge. Such surcharge may not exceed an amount per violation
1214	calculated as the quotient of the maximum annual payment of the
1215	principal and interest on the bonds as of July 1, 2003, divided
1216	by the number of traffic citations for county fiscal year 2002-
1217	2003 certified as paid by the clerk of the court of the county.
1218	Such quotient shall be rounded up to the next highest dollar
1219	amount. The bonds may be refunded only if savings will be
1220	realized on payments of debt service and the refunding bonds are
1221	scheduled to mature on the same date or before the bonds being
1222	refunded.
1223
1224	A county may not impose both of the surcharges authorized under
1225	paragraphs (a) and (b) concurrently. The clerk of court shall
1226	report, no later than 30 days after the end of the quarter, the
1227	amount of funds collected under this subsection during each
1228	quarter of the fiscal year. The clerk shall submit the report,
1229	in a format developed by the Office of State Courts
1230	Administrator, to the chief judge of the circuit, the Governor,
1231	the President of the Senate, and the Speaker of the House of
1232	Representatives.
1233	(14)  In addition to any penalties imposed for noncriminal
1234	traffic infractions under this chapter or imposed for criminal
1235	violations listed in s. 318.17, any unit of local government
1236	that is consolidated as provided by s. 9, Art. VIII of the State
1237	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1238	State Constitution of 1968, and that is granted the authority in
1239	the State Constitution to exercise all the powers of a municipal
1240	corporation, and any unit of local government operating under a
1241	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1242	VIII of the State Constitution of 1885, as preserved by s. 6(e),
1243	Art. VIII of the State Constitution of 1968, that is granted the
1244	authority in the State Constitution to exercise all the powers
1245	conferred now or hereafter by general law upon municipalities,
1246	may impose by ordinance a surcharge of up to $15 for any
1247	infraction or violation. Revenue from the surcharge shall be
1248	transferred to such unit of local government for the purpose of
1249	replacing fine revenue deposited into the clerk's fine and
1250	forfeiture fund under s. 142.01. The court may not waive this
1251	surcharge. Proceeds from the imposition of the surcharge
1252	authorized in this subsection shall not be used for the purpose
1253	of securing payment of the principal and interest on bonds. This
1254	subsection, and any surcharge imposed pursuant to this
1255	subsection, shall stand repealed September 30, 2007.
1256	(15)  One hundred twenty-five dollars for a violation of s.
1257	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1258	stop at a traffic signal. Sixty dollars shall be distributed as
1259	provided in s. 318.21, and the remaining $65 shall be remitted
1260	to the Department of Revenue for deposit into the Administrative
1261	Trust Fund of the Department of Health.
1262	(16)  One hundred dollars for a violation of s. 316.622(3)
1263	or (4), for a vehicle that fails to display a sticker
1264	authorizing it to transport migrant or seasonal farm workers or
1265	fails to display standardized notification instructions
1266	requiring passengers to fasten their seat belts. Two hundred
1267	dollars for a violation of s. 316.622(1) or (2), for operating a
1268	farm labor vehicle that fails to conform to vehicle safety
1269	standards or lacks seat belt assemblies at each passenger
1270	position.
1271	(17)  In addition to any penalties imposed, a surcharge of
1272	$3 must be paid for all criminal offenses listed in s. 318.17
1273	and for all noncriminal moving traffic violations under chapter
1274	316. Revenue from the surcharge shall be remitted to the
1275	Department of Revenue and deposited quarterly into the State
1276	Agency Law Enforcement Radio System Trust Fund of the Department
1277	of Management Services for the state agency law enforcement
1278	radio system, as described in s. 282.1095. This subsection
1279	expires July 1, 2012.
1280	Section 18.  Subsection (17) is added to section 318.21,
1281	Florida Statutes, to read:
1282	318.21  Disposition of civil penalties by county
1283	courts.--All civil penalties received by a county court pursuant
1284	to the provisions of this chapter shall be distributed and paid
1285	monthly as follows:
1286	(17)  Notwithstanding subsections (1) and (2), the proceeds
1287	from the surcharge imposed under s. 318.18(17) shall be
1288	distributed as provided in that subsection. This subsection
1289	expires July 1, 2012.
1290	Section 19.  Section 320.061, Florida Statutes, is amended
1291	to read:
1292	320.061  Unlawful to alter motor vehicle registration
1293	certificates, license plates, mobile home stickers, or
1294	validation stickers or to obscure license plates; penalty.--No
1295	person shall alter the original appearance of any registration
1296	license plate, mobile home sticker, validation sticker, or
1297	vehicle registration certificate issued for and assigned to any
1298	motor vehicle or mobile home, whether by mutilation, alteration,
1299	defacement, or change of color or in any other manner. No person
1300	shall apply or attach any substance, reflective matter,
1301	illuminated device, spray, coating, covering, or other material
1302	onto or around any license plate that interferes with the
1303	legibility, angular visibility, or detectability of any feature
1304	or detail on the license plate or interferes with the ability to
1305	photograph or otherwise record any feature or detail on the
1306	license plate. Any person who violates the provisions of this
1307	section commits is guilty of a misdemeanor of the second degree,
1308	punishable as provided in s. 775.082 or s. 775.083.
1309	Section 20.  Paragraph (c) of subsection (6) and subsection
1310	(8) of section 332.007, Florida Statutes, are amended to read:
1311	332.007  Administration and financing of aviation and
1312	airport programs and projects; state plan.--
1313	(6)  Subject to the availability of appropriated funds, the
1314	department may participate in the capital cost of eligible
1315	public airport and aviation development projects in accordance
1316	with the following rates, unless otherwise provided in the
1317	General Appropriations Act or the substantive bill implementing
1318	the General Appropriations Act:
1319	(c)  When federal funds are not available, the department
1320	may fund up to 80 percent of master planning and eligible
1321	aviation development projects at publicly owned, publicly
1322	operated airports. If federal funds are available, the
1323	department may fund up to 80 percent of the nonfederal share of
1324	such projects. Such funding is limited to airports that have no
1325	scheduled commercial service.
1326	(8)  Notwithstanding any other provision of law to the
1327	contrary, the department is authorized to fund security projects
1328	at provide operational and maintenance assistance to publicly
1329	owned public-use airports. Such assistance shall be to comply
1330	with enhanced federal security requirements or to address
1331	related economic impacts from the events of September 11, 2001.
1332	For projects in the current adopted work program, or projects
1333	added using the available budget of the department, airports may
1334	request the department change the project purpose in accordance
1335	with this provision notwithstanding the provisions of s.
1336	339.135(7). For purposes of this subsection, the department may
1337	fund up to 100 percent of eligible project costs that are not
1338	funded by the Federal Government. Prior to releasing any funds
1339	under this section, the department shall review and approve the
1340	expenditure plans submitted by the airport. The department shall
1341	inform the Legislature of any change that it approves under this
1342	subsection. This subsection shall expire on June 30, 2012 2007.
1343	Section 21.  Subsection (4) of section 332.14, Florida
1344	Statutes, is amended to read:
1345	332.14  Secure Airports for Florida's Economy Council.--
1346	(4)  The council shall adopt bylaws governing the manner in
1347	which the business of the council will be conducted. The bylaws
1348	shall specify the procedure by which the chair of the council is
1349	elected. The council shall meet at the call of its chair, at the
1350	request of a majority of its membership, or at such times as may
1351	be prescribed in its bylaws. However, the council must meet at
1352	least twice a year. Except for the members under paragraphs
1353	(2)(d), (e), and (f), all members of the council are voting
1354	members. A majority of voting members of the council constitutes
1355	a quorum for the purpose of transacting the business of the
1356	council. A vote of the majority of the members present is
1357	sufficient for any action of the council, except that a member
1358	representing the Department of Transportation, the Department of
1359	Community Affairs, the Department of Law Enforcement, or the
1360	Office of Tourism, Trade, and Economic Development may vote to
1361	overrule any action of the council approving a project pursuant
1362	to paragraph (7)(a). The bylaws of the council may require a
1363	greater vote for a particular action.
1364	Section 22.  Paragraph (c) of subsection (1) of section
1365	336.025, Florida Statutes, is amended to read:
1366	336.025  County transportation system; levy of local option
1367	fuel tax on motor fuel and diesel fuel.--
1368	(1)
1369	(c)  Local governments may use the services of the Division
1370	of Bond Finance of the State Board of Administration pursuant to
1371	the State Bond Act to issue any bonds through the provisions of
1372	this section and may pledge the revenues from local option fuel
1373	taxes to secure the payment of the bonds. In no case may a
1374	jurisdiction issue bonds pursuant to this section more
1375	frequently than once per year. Counties and municipalities may
1376	join together for the issuance of bonds issued pursuant to this
1377	section.
1378	Section 23.  Subsection (3) of section 336.41, Florida
1379	Statutes, is amended to read:
1380	336.41  Counties; employing labor and providing road
1381	equipment; accounting; when competitive bidding required.--
1382	(3)  All construction and reconstruction of roads and
1383	bridges, including resurfacing, full scale mineral seal coating,
1384	and major bridge and bridge system repairs, to be performed
1385	utilizing the proceeds of the 80-percent portion of the surplus
1386	of the constitutional gas tax shall be let to contract to the
1387	lowest responsible bidder by competitive bid, except for:
1388	(a)  Construction and maintenance in emergency situations,
1389	and
1390	(b)  In addition to emergency work, construction and
1391	reconstruction, including resurfacing, mineral seal coating, and
1392	bridge repairs, having a total cumulative annual value not to
1393	exceed 5 percent of its 80-percent portion of the constitutional
1394	gas tax or $400,000 $250,000, whichever is greater, and
1395	(c)  Construction of sidewalks, curbing, accessibility
1396	ramps, or appurtenances incidental to roads and bridges if each
1397	project is estimated in accordance with generally accepted cost-
1398	accounting principles to have total construction project costs
1399	of less than $400,000 or as adjusted by the percentage change in
1400	the Construction Cost Index from January 1, 2008,
1401
1402	for which the county may utilize its own forces. However, if,
1403	after proper advertising, no bids are received by a county for a
1404	specific project, the county may use its own forces to construct
1405	the project, notwithstanding the limitation of this subsection.
1406	Nothing in this section shall prevent the county from performing
1407	routine maintenance as authorized by law.
1408	Section 24.  Construction aggregate materials.--
1409	(1)  DEFINITIONS.--"Construction aggregate materials" means
1410	crushed stone, limestone, dolomite, limerock, shell rock,
1411	cemented coquina, sand for use as a component of mortars,
1412	concrete, bituminous mixtures, or underdrain filters, and other
1413	mined resources providing the basic material for concrete,
1414	asphalt, and road base.
1415	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
1416	is a strategic and critical need for an available supply of
1417	construction aggregate materials within the state and that a
1418	disruption of the supply would cause a significant detriment to
1419	the state's construction industry, transportation system, and
1420	overall health, safety, and welfare.
1421	(3)  LOCAL GOVERNMENT DECISIONMAKING.--No local government
1422	shall approve or deny a proposed land use zoning change,
1423	comprehensive plan amendment, land use permit, ordinance, or
1424	order regarding construction aggregate materials without
1425	considering any information provided by the Department of
1426	Transportation regarding the effect such change, amendment,
1427	permit decision, ordinance, or order would have on the
1428	availability, transportation, and potential extraction of
1429	construction aggregate materials on the local area, the region,
1430	and the state. The failure of the Department of Transportation
1431	to provide this information shall not be a basis for delay or
1432	invalidation of the local government action. No local government
1433	may impose a moratorium, or combination of moratoria, of more
1434	than 12 months' duration on the mining or extraction of
1435	construction aggregate materials, commencing on the date the
1436	vote was taken to impose the moratorium. January 1, 2007, shall
1437	serve as the commencement of the 12-month period for moratoria
1438	already in place as of July 1, 2007.
1439	(4)  EXPEDITED PERMITTING.--Due to the state's critical
1440	infrastructure needs and the potential shortfall in available
1441	construction aggregate materials, limerock environmental
1442	resource permitting and reclamation applications filed after
1443	March 1, 2007, are eligible for the expedited permitting
1444	processes contained in s. 403.973, Florida Statutes. Challenges
1445	to state agency action in the expedited permitting process for
1446	establishment of a limerock mine in this state under s. 403.973,
1447	Florida Statutes, are subject to the same requirements as
1448	challenges brought under s. 403.973(15)(a), Florida Statutes,
1449	except that, notwithstanding s. 120.574, Florida Statutes,
1450	summary proceedings must be conducted within 30 days after a
1451	party files the motion for summary hearing, regardless of
1452	whether the parties agree to the summary proceeding.
1453	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1454	(a)  The Strategic Aggregates Review Task Force is created
1455	to evaluate the availability and disposition of construction
1456	aggregate materials and related mining and land use practices in
1457	this state.
1458	(b)  The task force shall be appointed by August 1, 2007,
1459	and shall be composed of the following 19 members:
1460	1.  The President of the Senate, the Speaker of the House
1461	of Representatives, and the Governor shall each appoint one
1462	member from each of the following groups:
1463	a.  The mining industry.
1464	b.  The construction industry.
1465	c.  The transportation industries, including seaports,
1466	trucking, railroads, or roadbuilders.
1467	d.  Elected officials representing counties identified by
1468	the Department of Transportation as limestone or sand resource
1469	areas. Rural, midsize, and urban counties shall each have one
1470	elected official on the task force.
1471	e.  Environmental advocacy groups.
1472	2.  The Secretary of Environmental Protection or designee.
1473	3.  The Secretary of Community Affairs or designee.
1474	4.  The Secretary of Transportation or designee.
1475	5.  One member appointed by the Florida League of Cities,
1476	Inc.
1477	(c)  Members of the commission shall serve without
1478	compensation. Travel and per diem expenses for members who are
1479	not state employees shall be paid by the Department of
1480	Transportation in accordance with s. 112.061, Florida Statutes.
1481	(d)  The Department of Transportation shall organize and
1482	provide administrative support for the task force and coordinate
1483	with other state agencies and local governments in obtaining and
1484	providing such data and information as may be needed by the task
1485	force to complete its evaluation. The department may conduct any
1486	supporting studies as are required to obtain needed information
1487	or otherwise assist the task force in its review and
1488	deliberations.
1489	(e)  The Department of Transportation shall collect and
1490	provide information to the task force relating to construction
1491	aggregate materials and the amount of such materials used by the
1492	department on state road infrastructure projects and shall
1493	provide any technical and supporting information relating to the
1494	use of such materials as is available to the department.
1495	(f)  The task force shall report its findings to the
1496	Governor, the President of the Senate, and the Speaker of the
1497	House of Representatives by February 1, 2008. The report must
1498	identify locations with significant concentrations of
1499	construction aggregate materials and recommend actions intended
1500	to ensure the continued extraction and availability of
1501	construction aggregate materials.
1502	(g)  The task force shall be dissolved on July 1, 2008.
1503	Section 25.  Section 337.026, Florida Statutes, is created
1504	to read:
1505	337.026  Authority of department to enter into agreements
1506	for construction aggregate materials.--
1507	(1)  The department may pursue innovative contractual or
1508	engineering techniques that will provide the department with
1509	reliable and economic supplies of construction aggregate
1510	materials and control time and cost increases on construction
1511	projects.
1512	(2)  The department may enter into agreements with private
1513	or public entities. Such agreements may include, but are not
1514	limited to, department acquisition of materials or resources or
1515	long-term leases for a term not to exceed 99 years that will
1516	advance the state's transportation needs.
1517	(3)  To the maximum extent practical, the department must
1518	use the existing process to award and administer such innovative
1519	contractual or engineering techniques. When specific contractual
1520	or engineering techniques are to be used, the department is not
1521	required to adhere to provisions of law that would prevent,
1522	preclude, or prohibit it from using the contractual or
1523	engineering technique. However, prior to using an innovative
1524	contractual or engineering technique that is inconsistent with
1525	another provision of law, the department must document in
1526	writing the need for the exception and identify the benefits the
1527	traveling public and the affected community are anticipated to
1528	receive.
1529	Section 26.  Paragraph (a) of subsection (3) of section
1530	337.11, Florida Statutes, is amended to read:
1531	337.11  Contracting authority of department; bids;
1532	emergency repairs, supplemental agreements, and change orders;
1533	combined design and construction contracts; progress payments;
1534	records; requirements of vehicle registration.--
1535	(3)(a)  On all construction contracts of $250,000 or less,
1536	and any construction contract of less than $500,000 for which
1537	the department has waived prequalification under s. 337.14, the
1538	department shall advertise for bids in a newspaper having
1539	general circulation in the county where the proposed work is
1540	located. Publication shall be at least once a week for no less
1541	than 2 consecutive weeks, and the first publication shall be no
1542	less than 14 days prior to the date on which bids are to be
1543	received.
1544	Section 27.  Subsection (1) of section 337.14, Florida
1545	Statutes, is amended to read:
1546	337.14  Application for qualification; certificate of
1547	qualification; restrictions; request for hearing.--
1548	(1)  Any person desiring to bid for the performance of any
1549	construction contract in excess of $250,000 which the department
1550	proposes to let must first be certified by the department as
1551	qualified pursuant to this section and rules of the department.
1552	The rules of the department shall address the qualification of
1553	persons to bid on construction contracts in excess of $250,000
1554	and shall include requirements with respect to the equipment,
1555	past record, experience, financial resources, and organizational
1556	personnel of the applicant necessary to perform the specific
1557	class of work for which the person seeks certification. The
1558	department is authorized to limit the dollar amount of any
1559	contract upon which a person is qualified to bid or the
1560	aggregate total dollar volume of contracts such person is
1561	allowed to have under contract at any one time. Each applicant
1562	seeking qualification to bid on construction contracts in excess
1563	of $250,000 shall furnish the department a statement under oath,
1564	on such forms as the department may prescribe, setting forth
1565	detailed information as required on the application. Each
1566	application for certification shall be accompanied by the latest
1567	annual financial statement of the applicant completed within the
1568	last 12 months. If the annual financial statement shows the
1569	financial condition of the applicant more than 4 months prior to
1570	the date on which the application is received by the department,
1571	then an interim financial statement must also be submitted. The
1572	interim financial statement must cover the period from the end
1573	date of the annual statement and must show the financial
1574	condition of the applicant no more than 4 months prior to the
1575	date on which the application is received by the department.
1576	Each required annual or interim financial statement must be
1577	audited and accompanied by the opinion of a certified public
1578	accountant or a public accountant approved by the department.
1579	The information required by this subsection is confidential and
1580	exempt from the provisions of s. 119.07(1).  The department
1581	shall act upon the application for qualification within 30 days
1582	after the department determines that the application is
1583	complete. The department may waive the requirements of this
1584	subsection for projects having a contract price of $500,000 or
1585	less if the department determines that the project is of a
1586	noncritical nature and the waiver will not endanger public
1587	health, safety, or property.
1588	Section 28.  Paragraph (a) of subsection (1) of section
1589	337.18, Florida Statutes, is amended to read:
1590	337.18  Surety bonds for construction or maintenance
1591	contracts; requirement with respect to contract award; bond
1592	requirements; defaults; damage assessments.--
1593	(1)(a)  A surety bond shall be required of the successful
1594	bidder in an amount equal to the awarded contract price.
1595	However, the department may choose, in its discretion and
1596	applicable only to multiyear maintenance contracts, to allow for
1597	incremental annual contract bonds that cumulatively total the
1598	full, awarded, multiyear contract price. For a project for which
1599	the contract price is $250,000 $150,000 or less, the department
1600	may waive the requirement for all or a portion of a surety bond
1601	if it determines the project is of a noncritical nature and
1602	nonperformance will not endanger public health, safety, or
1603	property. If the secretary or his designee determines that it is
1604	in the best interests of the department to reduce the bonding
1605	requirement for a project and that to do so will not endanger
1606	public health, safety, or property, the department may waive the
1607	requirement of a surety bond in an amount equal to the awarded
1608	contract price for a project having a contract price of $250
1609	million or more and, in its place, may set a surety bond amount
1610	that is a portion of the total contract price and provide an
1611	alternate means of security for the balance of the contract
1612	amount that is not covered by the surety bond or provide for
1613	incremental surety bonding and provide an alternate means of
1614	security for the balance of the contract amount that is not
1615	covered by the surety bond. Such alternative means of security
1616	may include letters of credit, United States bonds and notes,
1617	parent company guarantees, and cash collateral. The department
1618	may require alternate means of security if a surety bond is
1619	waived. The surety on such bond shall be a surety company
1620	authorized to do business in the state. All bonds shall be
1621	payable to the department and conditioned for the prompt,
1622	faithful, and efficient performance of the contract according to
1623	plans and specifications and within the time period specified,
1624	and for the prompt payment of all persons defined in s. 713.01
1625	furnishing labor, material, equipment, and supplies for work
1626	provided in the contract; however, whenever an improvement,
1627	demolition, or removal contract price is $25,000 or less, the
1628	security may, in the discretion of the bidder, be in the form of
1629	a cashier's check, bank money order of any state or national
1630	bank, certified check, or postal money order. The department
1631	shall adopt rules to implement this subsection. Such rules shall
1632	include provisions under which the department shall refuse to
1633	accept bonds on contracts when a surety wrongfully fails or
1634	refuses to settle or provide a defense for claims or actions
1635	arising under a contract for which the surety previously
1636	furnished a bond.
1637	Section 29.  Subsection (3) is added to section 338.161,
1638	Florida Statutes, to read:
1639	338.161  Authority of department or toll agencies to
1640	advertise and promote electronic toll collection; expanded uses
1641	of electronic toll collection system; studies authorized.--
1642	(3)(a)  The department or any toll agency created by
1643	statute may incur expenses to advertise or promote its
1644	electronic toll collection system to consumers on or off the
1645	turnpike or toll system.
1646	(b)  If the department or any toll agency created by
1647	statute finds that it can increase nontoll revenues or add
1648	convenience or other value for its customers, the department or
1649	toll agency may enter into agreements with any private or public
1650	entity allowing the use of its electronic toll collection system
1651	to pay parking fees for vehicles equipped with a transponder or
1652	similar device. The department or toll agency may initiate
1653	feasibility studies of additional future uses of its electronic
1654	toll collection system and make recommendations to the
1655	Legislature to authorize such uses.
1656	Section 30.  Subsections (1), (3), and (4) of section
1657	338.2275, Florida Statutes, are amended to read:
1658	338.2275  Approved turnpike projects.--
1659	(1)  Legislative approval of the department's tentative
1660	work program that contains the turnpike project constitutes
1661	approval to issue bonds as required by s. 11(f), Art. VII of the
1662	State Constitution. No more than $10 billion of bonds may be
1663	outstanding to fund approved turnpike projects. Turnpike
1664	projects approved to be included in future tentative work
1665	programs include, but are not limited to, projects contained in
1666	the 2003-2004 tentative work program. A maximum of $4.5 billion
1667	of bonds may be issued to fund approved turnpike projects.
1668	(3)  Subject to verification of economic feasibility by the
1669	department in accordance with s. 338.221(8), the department
1670	shall acquire the assets and assume the liabilities of the
1671	Sawgrass Expressway as a candidate project from the Broward
1672	County Expressway Authority. The agreement to acquire the
1673	Sawgrass Expressway shall be subject to the terms and covenants
1674	of the Broward County Expressway Authority Bond Series 1984 and
1675	1986A lease-purchase agreements and shall not act to the
1676	detriment of the bondholders nor decrease the quality of the
1677	bonds. The department shall provide for the cost of operations
1678	and maintenance expenses and for the replacement of future
1679	Broward County gasoline tax funds pledged for the payment of
1680	principal and interest on such bonds. The department shall
1681	repay, to the extent possible, Broward County gasoline tax funds
1682	used since July 6, 1988, for debt service on such bonds. For the
1683	purpose of calculating the economic feasibility of this project,
1684	the department is authorized to exclude operations and
1685	maintenance expenses accumulated between July 6, 1988, and the
1686	date of the agreement. Upon performance of all terms of the
1687	agreement between the parties, the Sawgrass Expressway will
1688	become a part of the turnpike system.
1689	(3)(4)  Bonds may not be issued to fund a turnpike project
1690	until the department has made a final determination that the
1691	project is economically feasible in accordance with s. 338.221,
1692	based on the most current information available.
1693	Section 31.  Subsections (3), (4), and (6) of section
1694	338.231, Florida Statutes, are amended to read:
1695	338.231  Turnpike tolls, fixing; pledge of tolls and other
1696	revenues.--The department shall at all times fix, adjust,
1697	charge, and collect such tolls for the use of the turnpike
1698	system as are required in order to provide a fund sufficient
1699	with other revenues of the turnpike system to pay the cost of
1700	maintaining, improving, repairing, and operating such turnpike
1701	system; to pay the principal of and interest on all bonds issued
1702	to finance or refinance any portion of the turnpike system as
1703	the same become due and payable; and to create reserves for all
1704	such purposes.
1705	(3)(a)  The department shall publish a proposed change in
1706	the toll rate for the use of an existing toll facility, in the
1707	manner provided for in s. 120.54, which will provide for public
1708	notice and the opportunity for a public hearing before the
1709	adoption of the proposed rate change. When the department is
1710	evaluating a proposed turnpike toll project under s. 338.223 and
1711	has determined that there is a high probability that the project
1712	will pass the test of economic feasibility predicated on
1713	proposed toll rates, the toll rate that is proposed to be
1714	charged after the project is constructed must be adopted during
1715	the planning and project development phase of the project, in
1716	the manner provided for in s. 120.54, including public notice
1717	and the opportunity for a public hearing. For such a new
1718	project, the toll rate becomes effective upon the opening of the
1719	project to traffic.
1720	(b)  The department may also fix, adjust, charge, and
1721	collect transaction fees and collection fees related to tolls
1722	not paid at the time the toll is incurred. The department shall
1723	publish its proposed fees in the manner provided for in s.
1724	120.54, which will provide for public notice and the opportunity
1725	for a public hearing before the adoption of the proposed fees.
1726	Any fee so established shall be added to the unpaid toll amount
1727	due and payable to the department.
1728	(4)  For the period July 1, 1998, through June 30, 2017
1729	2007, the department shall, to the maximum extent feasible,
1730	program sufficient funds in the tentative work program such that
1731	the percentage of turnpike toll and bond financed commitments in
1732	Dade County, Broward County, and Palm Beach County as compared
1733	to total turnpike toll and bond financed commitments shall be at
1734	least 90 percent of the share of net toll collections
1735	attributable to users of the turnpike system in Dade County,
1736	Broward County, and Palm Beach County as compared to total net
1737	toll collections attributable to users of the turnpike system.
1738	The requirements of this subsection do not apply when the
1739	application of such requirements would violate any covenant
1740	established in a resolution or trust indenture relating to the
1741	issuance of turnpike bonds.
1742	(6)  In each fiscal year while any of the bonds of the
1743	Broward County Expressway Authority series 1984 and series 1986-
1744	A remain outstanding, the department is authorized to pledge
1745	revenues from the turnpike system to the payment of principal
1746	and interest of such series of bonds, the repayment of Broward
1747	County gasoline tax funds as provided in s. 338.2275(3), and the
1748	operation and maintenance expenses of the Sawgrass Expressway,
1749	to the extent gross toll revenues of the Sawgrass Expressway are
1750	insufficient to make such payments. The terms of an agreement
1751	relative to the pledge of turnpike system revenue will be
1752	negotiated with the parties of the 1984 and 1986 Broward County
1753	Expressway Authority lease-purchase agreements, and subject to
1754	the covenants of those agreements. The agreement shall establish
1755	that the Sawgrass Expressway shall be subject to the planning,
1756	management, and operating control of the department limited only
1757	by the terms of the lease-purchase agreements. The department
1758	shall provide for the payment of operation and maintenance
1759	expenses of the Sawgrass Expressway until such agreement is in
1760	effect. This pledge of turnpike system revenues shall be
1761	subordinate to the debt service requirements of any future issue
1762	of turnpike bonds, the payment of turnpike system operation and
1763	maintenance expenses, and subject to provisions of any
1764	subsequent resolution or trust indenture relating to the
1765	issuance of such turnpike bonds.
1766	Section 32.  Paragraphs (c) and (d) of subsection (7) of
1767	section 339.135, Florida Statutes, are amended to read:
1768	339.135  Work program; legislative budget request;
1769	definitions; preparation, adoption, execution, and amendment.--
1770	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1771	(c)  The department may amend the adopted work program to
1772	transfer fixed capital outlay appropriations for projects within
1773	the same appropriations category or between appropriations
1774	categories, including the following amendments which shall be
1775	subject to the procedures in paragraph (d):
1776	1.  Any amendment that which deletes any project or project
1777	phase;
1778	2.  Any amendment that which adds a project estimated to
1779	cost over $150,000 in funds appropriated by the Legislature;
1780	3.  Any amendment that which advances or defers to another
1781	fiscal year, a right-of-way phase, a construction phase, or a
1782	public transportation project phase estimated to cost over
1783	$500,000 in funds appropriated by the Legislature, except an
1784	amendment advancing or deferring a phase for a period of 90 days
1785	or less; or
1786	4.  Any amendment that which advances or defers to another
1787	fiscal year, any preliminary engineering phase or design phase
1788	estimated to cost over $150,000 in funds appropriated by the
1789	Legislature, except an amendment advancing or deferring a phase
1790	for a period of 90 days or less.
1791	(d)1.  Whenever the department proposes any amendment to
1792	the adopted work program, which amendment is defined in
1793	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1794	subparagraph (c)4., it shall submit the proposed amendment to
1795	the Governor for approval and shall immediately notify the
1796	chairs of the legislative appropriations committees, the chairs
1797	of the legislative transportation committees, each member of the
1798	Legislature who represents a district affected by the proposed
1799	amendment, each metropolitan planning organization affected by
1800	the proposed amendment, and each unit of local government
1801	affected by the proposed amendment. Such proposed amendment
1802	shall provide a complete justification of the need for the
1803	proposed amendment.
1804	2.a.  Whenever the department proposes any amendment to the
1805	adopted work program, which amendment is defined in subparagraph
1806	(c)1., subparagraph (c)2., subparagraph (c)3., or subparagraph
1807	(c)4., to a project or project phase scheduled within the first
1808	3 years of the work program which would have the effect of
1809	deleting or delaying programmed improvements in traffic-carrying
1810	capacity, as typically measured by a local government's
1811	concurrency management system, it shall notify each local
1812	government and each metropolitan planning organization affected
1813	by the amendment. The notification must be sent by either
1814	certified mail or return receipt requested electronic mail to
1815	the chief elected official of each local government and
1816	metropolitan planning organization. Each affected local
1817	government shall have 14 days to provide written comments to the
1818	department regarding how the amendment will impact its
1819	respective concurrency management system, including whether any
1820	development permits were issued contingent upon the capacity
1821	improvement, if applicable, of the subject amendment.
1822	b.  After the department's receipt of written comments from
1823	the affected local governments, the department shall submit the
1824	proposed amendment to the Governor for approval and shall
1825	immediately notify the chairs of the legislative appropriations
1826	committees, the chairs of the legislative transportation
1827	committees, each member of the Legislature who represents a
1828	district affected by the proposed amendment, each metropolitan
1829	planning organization affected by the proposed amendment, and
1830	each unit of local government affected by the proposed
1831	amendment. Such proposed amendment shall provide a complete
1832	justification of the need for the proposed amendment and include
1833	any written comments submitted by the affected local
1834	governments.
1835	3.2.  The Governor shall not approve a proposed amendment
1836	until 14 days following the notification required in
1837	subparagraph 1.
1838	4.3.  If either of the chairs of the legislative
1839	appropriations committees or the President of the Senate or the
1840	Speaker of the House of Representatives objects in writing to a
1841	proposed amendment within 14 days following notification and
1842	specifies the reasons for such objection, the Governor shall
1843	disapprove the proposed amendment.
1844	Section 33.  Section 339.175, Florida Statutes, is amended
1845	to read:
1846	339.175  Metropolitan planning organization.--
1847	(1)  PURPOSE.--It is the intent of the Legislature to
1848	encourage and promote the safe and efficient management,
1849	operation, and development of surface transportation systems
1850	that will serve the mobility needs of people and freight and
1851	foster economic growth and development within and through
1852	urbanized areas of this state while minimizing transportation-
1853	related fuel consumption and air pollution through metropolitan
1854	transportation planning processes identified in this section. To
1855	accomplish these objectives, metropolitan planning
1856	organizations, referred to in this section as M.P.O.'s, shall
1857	develop, in cooperation with the state and public transit
1858	operators, transportation plans and programs for metropolitan
1859	areas. The plans and programs for each metropolitan area must
1860	provide for the development and integrated management and
1861	operation of transportation systems and facilities, including
1862	pedestrian walkways and bicycle transportation facilities that
1863	will function as an intermodal transportation system for the
1864	metropolitan area, based upon the prevailing principles provided
1865	in s. 334.046(1). The process for developing such plans and
1866	programs shall provide for consideration of all modes of
1867	transportation and shall be continuing, cooperative, and
1868	comprehensive, to the degree appropriate, based on the
1869	complexity of the transportation problems to be addressed. To
1870	ensure that the process is integrated with the statewide
1871	planning process, M.P.O.'s shall develop plans and programs that
1872	identify transportation facilities that should function as an
1873	integrated metropolitan transportation system, giving emphasis
1874	to facilities that serve important national, state, and regional
1875	transportation functions. For the purposes of this section,
1876	those facilities include the facilities on the Strategic
1877	Intermodal System designated under s. 339.63 and facilities for
1878	which projects have been identified pursuant to s. 339.2819(4).
1879	(2)(1)  DESIGNATION.--
1880	(a)1.  An M.P.O. shall be designated for each urbanized
1881	area of the state; however, this does not require that an
1882	individual M.P.O. be designated for each such area. Such
1883	designation shall be accomplished by agreement between the
1884	Governor and units of general-purpose local government
1885	representing at least 75 percent of the population of the
1886	urbanized area; however, the unit of general-purpose local
1887	government that represents the central city or cities within the
1888	M.P.O. jurisdiction, as defined by the United States Bureau of
1889	the Census, must be a party to such agreement.
1890	2.  More than one M.P.O. may be designated within an
1891	existing metropolitan planning area only if the Governor and the
1892	existing M.P.O. determine that the size and complexity of the
1893	existing metropolitan planning area makes the designation of
1894	more than one M.P.O. for the area appropriate.
1895	(b)  Each M.P.O. designated in a manner prescribed by Title
1896	23 U.S.C. shall be created and operated under the provisions of
1897	this section pursuant to an interlocal agreement entered into
1898	pursuant to s. 163.01. The signatories to the interlocal
1899	agreement shall be the department and the governmental entities
1900	designated by the Governor for membership on the M.P.O. Each
1901	M.P.O. shall be considered separate from the state or the
1902	governing body of a local government that is represented on the
1903	governing board of the M.P.O. or that is a signatory to the
1904	interlocal agreement creating the M.P.O. and shall have such
1905	powers and privileges as are provided under s. 163.01. If there
1906	is a conflict between this section and s. 163.01, this section
1907	prevails.
1908	(c)  The jurisdictional boundaries of an M.P.O. shall be
1909	determined by agreement between the Governor and the applicable
1910	M.P.O. The boundaries must include at least the metropolitan
1911	planning area, which is the existing urbanized area and the
1912	contiguous area expected to become urbanized within a 20-year
1913	forecast period, and may encompass the entire metropolitan
1914	statistical area or the consolidated metropolitan statistical
1915	area.
1916	(d)  In the case of an urbanized area designated as a
1917	nonattainment area for ozone or carbon monoxide under the Clean
1918	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
1919	metropolitan planning area in existence as of the date of
1920	enactment of this paragraph shall be retained, except that the
1921	boundaries may be adjusted by agreement of the Governor and
1922	affected metropolitan planning organizations in the manner
1923	described in this section. If more than one M.P.O. has authority
1924	within a metropolitan area or an area that is designated as a
1925	nonattainment area, each M.P.O. shall consult with other
1926	M.P.O.'s designated for such area and with the state in the
1927	coordination of plans and programs required by this section.
1928	(e)  The governing body of the M.P.O. shall designate, at a
1929	minimum, a chair, vice chair, and agency clerk. The chair and
1930	vice chair shall be selected from among the member delegates
1931	comprising the governing board. The agency clerk shall be
1932	charged with the responsibility of preparing meeting minutes and
1933	maintaining agency records. The clerk shall be a member of the
1934	M.P.O. governing board, an employee of the M.P.O., or other
1935	natural person.
1936
1937	Each M.P.O. required under this section must be fully operative
1938	no later than 6 months following its designation.
1939	(3)(2)  VOTING MEMBERSHIP.--
1940	(a)  The voting membership of an M.P.O. shall consist of
1941	not fewer than 5 or more than 19 apportioned members, the exact
1942	number to be determined on an equitable geographic-population
1943	ratio basis by the Governor, based on an agreement among the
1944	affected units of general-purpose local government as required
1945	by federal rules and regulations. The Governor, in accordance
1946	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
1947	represent municipalities to alternate with representatives from
1948	other municipalities within the metropolitan planning area that
1949	do not have members on the M.P.O. County commission members
1950	shall compose not less than one-third of the M.P.O. membership,
1951	except for an M.P.O. with more than 15 members located in a
1952	county with a 5-member five-member county commission or an
1953	M.P.O. with 19 members located in a county with no more than 6
1954	county commissioners, in which case county commission members
1955	may compose less than one-third percent of the M.P.O.
1956	membership, but all county commissioners must be members. All
1957	voting members shall be elected officials of general-purpose
1958	local governments, except that an M.P.O. may include, as part of
1959	its apportioned voting members, a member of a statutorily
1960	authorized planning board, an official of an agency that
1961	operates or administers a major mode of transportation, or an
1962	official of the Florida Space Authority. As used in this
1963	section, the term "elected officials of a general-purpose local
1964	government" shall exclude constitutional officers, including
1965	sheriffs, tax collectors, supervisors of elections, property
1966	appraisers, clerks of the court, and similar types of officials.
1967	County commissioners The county commission shall compose not
1968	less than 20 percent of the M.P.O. membership if an official of
1969	an agency that operates or administers a major mode of
1970	transportation has been appointed to an M.P.O.
1971	(b)  In metropolitan areas in which authorities or other
1972	agencies have been or may be created by law to perform
1973	transportation functions and are performing transportation
1974	functions that are not under the jurisdiction of a general-
1975	purpose general purpose local government represented on the
1976	M.P.O., they shall be provided voting membership on the M.P.O.
1977	In all other M.P.O.'s where transportation authorities or
1978	agencies are to be represented by elected officials from
1979	general-purpose general purpose local governments, the M.P.O.
1980	shall establish a process by which the collective interests of
1981	such authorities or other agencies are expressed and conveyed.
1982	(c)  Any other provision of this section to the contrary
1983	notwithstanding, a chartered county with over 1 million
1984	population may elect to reapportion the membership of an M.P.O.
1985	whose jurisdiction is wholly within the county. The charter
1986	county may exercise the provisions of this paragraph if:
1987	1.  The M.P.O. approves the reapportionment plan by a
1988	three-fourths vote of its membership;
1989	2.  The M.P.O. and the charter county determine that the
1990	reapportionment plan is needed to fulfill specific goals and
1991	policies applicable to that metropolitan planning area; and
1992	3.  The charter county determines the reapportionment plan
1993	otherwise complies with all federal requirements pertaining to
1994	M.P.O. membership.
1995
1996	Any charter county that elects to exercise the provisions of
1997	this paragraph shall notify the Governor in writing.
1998	(d)  Any other provision of this section to the contrary
1999	notwithstanding, any county chartered under s. 6(e), Art. VIII
2000	of the State Constitution may elect to have its county
2001	commission serve as the M.P.O., if the M.P.O. jurisdiction is
2002	wholly contained within the county. Any charter county that
2003	elects to exercise the provisions of this paragraph shall so
2004	notify the Governor in writing. Upon receipt of such
2005	notification, the Governor must designate the county commission
2006	as the M.P.O. The Governor must appoint four additional voting
2007	members to the M.P.O., one of whom must be an elected official
2008	representing a municipality within the county, one of whom must
2009	be an expressway authority member, one of whom must be a person
2010	who does not hold elected public office and who resides in the
2011	unincorporated portion of the county, and one of whom must be a
2012	school board member.
2013	(4)(3)  APPORTIONMENT.--
2014	(a)  The Governor shall, with the agreement of the affected
2015	units of general-purpose local government as required by federal
2016	rules and regulations, apportion the membership on the
2017	applicable M.P.O. among the various governmental entities within
2018	the area. At the request of a majority of the affected units of
2019	general-purpose local government comprising an M.P.O., the
2020	Governor and a majority of units of general-purpose local
2021	government serving on an M.P.O. shall cooperatively agree upon
2022	and prescribe who may serve as an alternate member and shall
2023	prescribe a method for appointing alternate members who may vote
2024	at any M.P.O. meeting that an alternate member attends in place
2025	of a regular member. The method shall be set forth as a part of
2026	the interlocal agreement describing the M.P.O.'s membership or
2027	in the M.P.O.'s operating procedures and bylaws. An appointed
2028	alternate member must be an elected official serving the same
2029	governmental entity or a general-purpose local government with
2030	jurisdiction within all or part of the area that the regular
2031	member serves. The governmental entity so designated shall
2032	appoint the appropriate number of members to the M.P.O. from
2033	eligible officials. Representatives of the department shall
2034	serve as nonvoting members of the M.P.O. governing board.
2035	Nonvoting advisers may be appointed by the M.P.O. as deemed
2036	necessary; however, to the maximum extent feasible, each M.P.O.
2037	shall seek to appoint nonvoting representatives of various
2038	multimodal forms of transportation not otherwise represented by
2039	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
2040	advisers representing major military installations located
2041	within the jurisdictional boundaries of the M.P.O. upon the
2042	request of the aforesaid major military installations and
2043	subject to the agreement of the M.P.O. All nonvoting advisers
2044	may attend and participate fully in governing board meetings but
2045	shall not have a vote and shall not be members of the governing
2046	board. The Governor shall review the composition of the M.P.O.
2047	membership in conjunction with the decennial census as prepared
2048	by the United States Department of Commerce, Bureau of the
2049	Census, and reapportion it as necessary to comply with
2050	subsection (3) (2).
2051	(b)  Except for members who represent municipalities on the
2052	basis of alternating with representatives from other
2053	municipalities that do not have members on the M.P.O. as
2054	provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
2055	shall serve 4-year terms. Members who represent municipalities
2056	on the basis of alternating with representatives from other
2057	municipalities that do not have members on the M.P.O. as
2058	provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
2059	years as further provided in the interlocal agreement described
2060	in paragraph (2)(b) (1)(b). The membership of a member who is a
2061	public official automatically terminates upon the member's
2062	leaving his or her elective or appointive office for any reason,
2063	or may be terminated by a majority vote of the total membership
2064	of the entity's governing board a county or city governing
2065	entity represented by the member. A vacancy shall be filled by
2066	the original appointing entity. A member may be reappointed for
2067	one or more additional 4-year terms.
2068	(c)  If a governmental entity fails to fill an assigned
2069	appointment to an M.P.O. within 60 days after notification by
2070	the Governor of its duty to appoint, that appointment shall be
2071	made by the Governor from the eligible representatives of that
2072	governmental entity.
2073	(5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2074	responsibility of an M.P.O. is to manage a continuing,
2075	cooperative, and comprehensive transportation planning process
2076	that, based upon the prevailing principles provided in s.
2077	334.046(1), results in the development of plans and programs
2078	which are consistent, to the maximum extent feasible, with the
2079	approved local government comprehensive plans of the units of
2080	local government the boundaries of which are within the
2081	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2082	cooperative decisionmaking by officials of the affected
2083	governmental entities in the development of the plans and
2084	programs required by subsections (5), (6), (7), and (8), and
2085	(9).
2086	(6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2087	privileges, and authority of an M.P.O. are those specified in
2088	this section or incorporated in an interlocal agreement
2089	authorized under s. 163.01. Each M.P.O. shall perform all acts
2090	required by federal or state laws or rules, now and subsequently
2091	applicable, which are necessary to qualify for federal aid. It
2092	is the intent of this section that each M.P.O. shall be involved
2093	in the planning and programming of transportation facilities,
2094	including, but not limited to, airports, intercity and high-
2095	speed rail lines, seaports, and intermodal facilities, to the
2096	extent permitted by state or federal law.
2097	(a)  Each M.P.O. shall, in cooperation with the department,
2098	develop:
2099	1.  A long-range transportation plan pursuant to the
2100	requirements of subsection (7) (6);
2101	2.  An annually updated transportation improvement program
2102	pursuant to the requirements of subsection (8) (7); and
2103	3.  An annual unified planning work program pursuant to the
2104	requirements of subsection (9) (8).
2105	(b)  In developing the long-range transportation plan and
2106	the transportation improvement program required under paragraph
2107	(a), each M.P.O. shall provide for consideration of projects and
2108	strategies that will:
2109	1.  Support the economic vitality of the metropolitan area,
2110	especially by enabling global competitiveness, productivity, and
2111	efficiency;
2112	2.  Increase the safety and security of the transportation
2113	system for motorized and nonmotorized users;
2114	3.  Increase the accessibility and mobility options
2115	available to people and for freight;
2116	4.  Protect and enhance the environment, promote energy
2117	conservation, and improve quality of life;
2118	5.  Enhance the integration and connectivity of the
2119	transportation system, across and between modes, for people and
2120	freight;
2121	6.  Promote efficient system management and operation; and
2122	7.  Emphasize the preservation of the existing
2123	transportation system.
2124	(c)  In order to provide recommendations to the department
2125	and local governmental entities regarding transportation plans
2126	and programs, each M.P.O. shall:
2127	1.  Prepare a congestion management system for the
2128	metropolitan area and cooperate with the department in the
2129	development of all other transportation management systems
2130	required by state or federal law;
2131	2.  Assist the department in mapping transportation
2132	planning boundaries required by state or federal law;
2133	3.  Assist the department in performing its duties relating
2134	to access management, functional classification of roads, and
2135	data collection;
2136	4.  Execute all agreements or certifications necessary to
2137	comply with applicable state or federal law;
2138	5.  Represent all the jurisdictional areas within the
2139	metropolitan area in the formulation of transportation plans and
2140	programs required by this section; and
2141	6.  Perform all other duties required by state or federal
2142	law.
2143	(d)  Each M.P.O. shall appoint a technical advisory
2144	committee, the members of which shall serve at the pleasure of
2145	the M.P.O. The membership of the technical advisory committee
2146	must include, whenever possible, that includes planners;
2147	engineers; representatives of local aviation authorities, port
2148	authorities, and public transit authorities or representatives
2149	of aviation departments, seaport departments, and public transit
2150	departments of municipal or county governments, as applicable;
2151	the school superintendent of each county within the jurisdiction
2152	of the M.P.O. or the superintendent's designee; and other
2153	appropriate representatives of affected local governments. In
2154	addition to any other duties assigned to it by the M.P.O. or by
2155	state or federal law, the technical advisory committee is
2156	responsible for considering safe access to schools in its review
2157	of transportation project priorities, long-range transportation
2158	plans, and transportation improvement programs, and shall advise
2159	the M.P.O. on such matters. In addition, the technical advisory
2160	committee shall coordinate its actions with local school boards
2161	and other local programs and organizations within the
2162	metropolitan area which participate in school safety activities,
2163	such as locally established community traffic safety teams.
2164	Local school boards must provide the appropriate M.P.O. with
2165	information concerning future school sites and in the
2166	coordination of transportation service.
2167	(e)1.  Each M.P.O. shall appoint a citizens' advisory
2168	committee, the members of which serve at the pleasure of the
2169	M.P.O. The membership on the citizens' advisory committee must
2170	reflect a broad cross section of local residents with an
2171	interest in the development of an efficient, safe, and cost-
2172	effective transportation system. Minorities, the elderly, and
2173	the handicapped must be adequately represented.
2174	2.  Notwithstanding the provisions of subparagraph 1., an
2175	M.P.O. may, with the approval of the department and the
2176	applicable federal governmental agency, adopt an alternative
2177	program or mechanism to ensure citizen involvement in the
2178	transportation planning process.
2179	(f)  The department shall allocate to each M.P.O., for the
2180	purpose of accomplishing its transportation planning and
2181	programming duties, an appropriate amount of federal
2182	transportation planning funds.
2183	(g)  Each M.P.O. shall have an executive or staff director
2184	who reports directly to the M.P.O. governing board for all
2185	matters regarding the administration and operation of the M.P.O.
2186	and any additional personnel as deemed necessary. The executive
2187	director and any additional personnel may be employed either by
2188	an M.P.O. or by another governmental entity, such as a county,
2189	city, or regional planning council, that has a staff services
2190	agreement signed and in effect with the M.P.O. Each M.P.O. may
2191	employ personnel or may enter into contracts with local or state
2192	agencies, private planning firms, or private engineering firms,
2193	or other public or private entities to accomplish its
2194	transportation planning and programming duties and
2195	administrative functions required by state or federal law.
2196	(h)  In order to enhance their knowledge, effectiveness,
2197	and participation in the urbanized area transportation planning
2198	process, each M.P.O. shall provide training opportunities and
2199	training funds specifically for local elected officials and
2200	others who serve on an M.P.O. The training opportunities may be
2201	conducted by an individual M.P.O. or through statewide and
2202	federal training programs and initiatives that are specifically
2203	designed to meet the needs of M.P.O. board members.
2204	(i)(h)  A chair's coordinating committee is created,
2205	composed of the M.P.O.'s serving Hernando, Hillsborough,
2206	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
2207	committee must, at a minimum:
2208	1.  Coordinate transportation projects deemed to be
2209	regionally significant by the committee.
2210	2.  Review the impact of regionally significant land use
2211	decisions on the region.
2212	3.  Review all proposed regionally significant
2213	transportation projects in the respective transportation
2214	improvement programs which affect more than one of the M.P.O.'s
2215	represented on the committee.
2216	4.  Institute a conflict resolution process to address any
2217	conflict that may arise in the planning and programming of such
2218	regionally significant projects.
2219	(j)(i)1.  The Legislature finds that the state's rapid
2220	growth in recent decades has caused many urbanized areas subject
2221	to M.P.O. jurisdiction to become contiguous to each other. As a
2222	result, various transportation projects may cross from the
2223	jurisdiction of one M.P.O. into the jurisdiction of another
2224	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2225	have been mandated, M.P.O.'s shall develop coordination
2226	mechanisms with one another to expand and improve transportation
2227	within the state. The appropriate method of coordination between
2228	M.P.O.'s shall vary depending upon the project involved and
2229	given local and regional needs. Consequently, it is appropriate
2230	to set forth a flexible methodology that can be used by M.P.O.'s
2231	to coordinate with other M.P.O.'s and appropriate political
2232	subdivisions as circumstances demand.
2233	2.  Any M.P.O. may join with any other M.P.O. or any
2234	individual political subdivision to coordinate activities or to
2235	achieve any federal or state transportation planning or
2236	development goals or purposes consistent with federal or state
2237	law. When an M.P.O. determines that it is appropriate to join
2238	with another M.P.O. or any political subdivision to coordinate
2239	activities, the M.P.O. or political subdivision shall enter into
2240	an interlocal agreement pursuant to s. 163.01, which, at a
2241	minimum, creates a separate legal or administrative entity to
2242	coordinate the transportation planning or development activities
2243	required to achieve the goal or purpose; provides provide the
2244	purpose for which the entity is created; provides provide the
2245	duration of the agreement and the entity, and specifies specify
2246	how the agreement may be terminated, modified, or rescinded;
2247	describes describe the precise organization of the entity,
2248	including who has voting rights on the governing board, whether
2249	alternative voting members are provided for, how voting members
2250	are appointed, and what the relative voting strength is for each
2251	constituent M.P.O. or political subdivision; provides provide
2252	the manner in which the parties to the agreement will provide
2253	for the financial support of the entity and payment of costs and
2254	expenses of the entity; provides provide the manner in which
2255	funds may be paid to and disbursed from the entity; and provides
2256	provide how members of the entity will resolve disagreements
2257	regarding interpretation of the interlocal agreement or disputes
2258	relating to the operation of the entity. Such interlocal
2259	agreement shall become effective upon its recordation in the
2260	official public records of each county in which a member of the
2261	entity created by the interlocal agreement has a voting member.
2262	This paragraph does not require any M.P.O.'s to merge, combine,
2263	or otherwise join together as a single M.P.O.
2264	(7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2265	develop a long-range transportation plan that addresses at least
2266	a 20-year planning horizon. The plan must include both
2267	long-range and short-range strategies and must comply with all
2268	other state and federal requirements. The prevailing principles
2269	to be considered in the long-range transportation plan are:
2270	preserving the existing transportation infrastructure; enhancing
2271	Florida's economic competitiveness; and improving travel choices
2272	to ensure mobility. The long-range transportation plan must be
2273	consistent, to the maximum extent feasible, with future land use
2274	elements and the goals, objectives, and policies of the approved
2275	local government comprehensive plans of the units of local
2276	government located within the jurisdiction of the M.P.O. The
2277	approved long-range transportation plan must be considered by
2278	local governments in the development of the transportation
2279	elements in local government comprehensive plans and any
2280	amendments thereto. The long-range transportation plan must, at
2281	a minimum:
2282	(a)  Identify transportation facilities, including, but not
2283	limited to, major roadways, airports, seaports, spaceports,
2284	commuter rail systems, transit systems, and intermodal or
2285	multimodal terminals that will function as an integrated
2286	metropolitan transportation system. The long-range
2287	transportation plan must give emphasis to those transportation
2288	facilities that serve national, statewide, or regional
2289	functions, and must consider the goals and objectives identified
2290	in the Florida Transportation Plan as provided in s. 339.155. If
2291	a project is located within the boundaries of more than one
2292	M.P.O., the M.P.O.'s must coordinate plans regarding the project
2293	in the long-range transportation plan.
2294	(b)  Include a financial plan that demonstrates how the
2295	plan can be implemented, indicating resources from public and
2296	private sources which are reasonably expected to be available to
2297	carry out the plan, and recommends any additional financing
2298	strategies for needed projects and programs. The financial plan
2299	may include, for illustrative purposes, additional projects that
2300	would be included in the adopted long-range transportation plan
2301	if reasonable additional resources beyond those identified in
2302	the financial plan were available. For the purpose of developing
2303	the long-range transportation plan, the M.P.O. and the
2304	department shall cooperatively develop estimates of funds that
2305	will be available to support the plan implementation. Innovative
2306	financing techniques may be used to fund needed projects and
2307	programs. Such techniques may include the assessment of tolls,
2308	the use of value capture financing, or the use of value pricing.
2309	(c)  Assess capital investment and other measures necessary
2310	to:
2311	1.  Ensure the preservation of the existing metropolitan
2312	transportation system including requirements for the operation,
2313	resurfacing, restoration, and rehabilitation of major roadways
2314	and requirements for the operation, maintenance, modernization,
2315	and rehabilitation of public transportation facilities; and
2316	2.  Make the most efficient use of existing transportation
2317	facilities to relieve vehicular congestion and maximize the
2318	mobility of people and goods.
2319	(d)  Indicate, as appropriate, proposed transportation
2320	enhancement activities, including, but not limited to,
2321	pedestrian and bicycle facilities, scenic easements,
2322	landscaping, historic preservation, mitigation of water
2323	pollution due to highway runoff, and control of outdoor
2324	advertising.
2325	(e)  In addition to the requirements of paragraphs (a)-(d),
2326	in metropolitan areas that are classified as nonattainment areas
2327	for ozone or carbon monoxide, the M.P.O. must coordinate the
2328	development of the long-range transportation plan with the State
2329	Implementation Plan developed pursuant to the requirements of
2330	the federal Clean Air Act.
2331
2332	In the development of its long-range transportation plan, each
2333	M.P.O. must provide the public, affected public agencies,
2334	representatives of transportation agency employees, freight
2335	shippers, providers of freight transportation services, private
2336	providers of transportation, representatives of users of public
2337	transit, and other interested parties with a reasonable
2338	opportunity to comment on the long-range transportation plan.
2339	The long-range transportation plan must be approved by the
2340	M.P.O.
2341	(8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2342	shall, in cooperation with the state and affected public
2343	transportation operators, develop a transportation improvement
2344	program for the area within the jurisdiction of the M.P.O. In
2345	the development of the transportation improvement program, each
2346	M.P.O. must provide the public, affected public agencies,
2347	representatives of transportation agency employees, freight
2348	shippers, providers of freight transportation services, private
2349	providers of transportation, representatives of users of public
2350	transit, and other interested parties with a reasonable
2351	opportunity to comment on the proposed transportation
2352	improvement program.
2353	(a)  Each M.P.O. is responsible for developing, annually, a
2354	list of project priorities and a transportation improvement
2355	program. The prevailing principles to be considered by each
2356	M.P.O. when developing a list of project priorities and a
2357	transportation improvement program are: preserving the existing
2358	transportation infrastructure; enhancing Florida's economic
2359	competitiveness; and improving travel choices to ensure
2360	mobility. The transportation improvement program will be used to
2361	initiate federally aided transportation facilities and
2362	improvements as well as other transportation facilities and
2363	improvements including transit, rail, aviation, spaceport, and
2364	port facilities to be funded from the State Transportation Trust
2365	Fund within its metropolitan area in accordance with existing
2366	and subsequent federal and state laws and rules and regulations
2367	related thereto. The transportation improvement program shall be
2368	consistent, to the maximum extent feasible, with the approved
2369	local government comprehensive plans of the units of local
2370	government whose boundaries are within the metropolitan area of
2371	the M.P.O. and include those projects programmed pursuant to s.
2372	339.2819(4).
2373	(b)  Each M.P.O. annually shall prepare a list of project
2374	priorities and shall submit the list to the appropriate district
2375	of the department by October 1 of each year; however, the
2376	department and a metropolitan planning organization may, in
2377	writing, agree to vary this submittal date. The list of project
2378	priorities must be formally reviewed by the technical and
2379	citizens' advisory committees, and approved by the M.P.O.,
2380	before it is transmitted to the district. The approved list of
2381	project priorities must be used by the district in developing
2382	the district work program and must be used by the M.P.O. in
2383	developing its transportation improvement program. The annual
2384	list of project priorities must be based upon project selection
2385	criteria that, at a minimum, consider the following:
2386	1.  The approved M.P.O. long-range transportation plan;
2387	2.  The Strategic Intermodal System Plan developed under s.
2388	339.64.
2389	3.  The priorities developed pursuant to s. 339.2819(4).
2390	4.  The results of the transportation management systems;
2391	and
2392	5.  The M.P.O.'s public-involvement procedures.
2393	(c)  The transportation improvement program must, at a
2394	minimum:
2395	1.  Include projects and project phases to be funded with
2396	state or federal funds within the time period of the
2397	transportation improvement program and which are recommended for
2398	advancement during the next fiscal year and 4 subsequent fiscal
2399	years. Such projects and project phases must be consistent, to
2400	the maximum extent feasible, with the approved local government
2401	comprehensive plans of the units of local government located
2402	within the jurisdiction of the M.P.O. For informational
2403	purposes, the transportation improvement program shall also
2404	include a list of projects to be funded from local or private
2405	revenues.
2406	2.  Include projects within the metropolitan area which are
2407	proposed for funding under 23 U.S.C. s. 134 of the Federal
2408	Transit Act and which are consistent with the long-range
2409	transportation plan developed under subsection (7) (6).
2410	3.  Provide a financial plan that demonstrates how the
2411	transportation improvement program can be implemented; indicates
2412	the resources, both public and private, that are reasonably
2413	expected to be available to accomplish the program; identifies
2414	any innovative financing techniques that may be used to fund
2415	needed projects and programs; and may include, for illustrative
2416	purposes, additional projects that would be included in the
2417	approved transportation improvement program if reasonable
2418	additional resources beyond those identified in the financial
2419	plan were available. Innovative financing techniques may include
2420	the assessment of tolls, the use of value capture financing, or
2421	the use of value pricing. The transportation improvement program
2422	may include a project or project phase only if full funding can
2423	reasonably be anticipated to be available for the project or
2424	project phase within the time period contemplated for completion
2425	of the project or project phase.
2426	4.  Group projects and project phases of similar urgency
2427	and anticipated staging into appropriate staging periods.
2428	5.  Indicate how the transportation improvement program
2429	relates to the long-range transportation plan developed under
2430	subsection (7) (6), including providing examples of specific
2431	projects or project phases that further the goals and policies
2432	of the long-range transportation plan.
2433	6.  Indicate whether any project or project phase is
2434	inconsistent with an approved comprehensive plan of a unit of
2435	local government located within the jurisdiction of the M.P.O.
2436	If a project is inconsistent with an affected comprehensive
2437	plan, the M.P.O. must provide justification for including the
2438	project in the transportation improvement program.
2439	7.  Indicate how the improvements are consistent, to the
2440	maximum extent feasible, with affected seaport, airport, and
2441	spaceport master plans and with public transit development plans
2442	of the units of local government located within the jurisdiction
2443	of the M.P.O. If a project is located within the boundaries of
2444	more than one M.P.O., the M.P.O.'s must coordinate plans
2445	regarding the project in the transportation improvement program.
2446	(d)  Projects included in the transportation improvement
2447	program and that have advanced to the design stage of
2448	preliminary engineering may be removed from or rescheduled in a
2449	subsequent transportation improvement program only by the joint
2450	action of the M.P.O. and the department. Except when recommended
2451	in writing by the district secretary for good cause, any project
2452	removed from or rescheduled in a subsequent transportation
2453	improvement program shall not be rescheduled by the M.P.O. in
2454	that subsequent program earlier than the 5th year of such
2455	program.
2456	(e)  During the development of the transportation
2457	improvement program, the M.P.O. shall, in cooperation with the
2458	department and any affected public transit operation, provide
2459	citizens, affected public agencies, representatives of
2460	transportation agency employees, freight shippers, providers of
2461	freight transportation services, private providers of
2462	transportation, representatives of users of public transit, and
2463	other interested parties with reasonable notice of and an
2464	opportunity to comment on the proposed program.
2465	(f)  The adopted annual transportation improvement program
2466	for M.P.O.'s in nonattainment or maintenance areas must be
2467	submitted to the district secretary and the Department of
2468	Community Affairs at least 90 days before the submission of the
2469	state transportation improvement program by the department to
2470	the appropriate federal agencies. The annual transportation
2471	improvement program for M.P.O.'s in attainment areas must be
2472	submitted to the district secretary and the Department of
2473	Community Affairs at least 45 days before the department submits
2474	the state transportation improvement program to the appropriate
2475	federal agencies; however, the department, the Department of
2476	Community Affairs, and a metropolitan planning organization may,
2477	in writing, agree to vary this submittal date. The Governor or
2478	the Governor's designee shall review and approve each
2479	transportation improvement program and any amendments thereto.
2480	(g)  The Department of Community Affairs shall review the
2481	annual transportation improvement program of each M.P.O. for
2482	consistency with the approved local government comprehensive
2483	plans of the units of local government whose boundaries are
2484	within the metropolitan area of each M.P.O. and shall identify
2485	those projects that are inconsistent with such comprehensive
2486	plans. The Department of Community Affairs shall notify an
2487	M.P.O. of any transportation projects contained in its
2488	transportation improvement program which are inconsistent with
2489	the approved local government comprehensive plans of the units
2490	of local government whose boundaries are within the metropolitan
2491	area of the M.P.O.
2492	(h)  The M.P.O. shall annually publish or otherwise make
2493	available for public review the annual listing of projects for
2494	which federal funds have been obligated in the preceding year.
2495	Project monitoring systems must be maintained by those agencies
2496	responsible for obligating federal funds and made accessible to
2497	the M.P.O.'s.
2498	(9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2499	develop, in cooperation with the department and public
2500	transportation providers, a unified planning work program that
2501	lists all planning tasks to be undertaken during the program
2502	year. The unified planning work program must provide a complete
2503	description of each planning task and an estimated budget
2504	therefor and must comply with applicable state and federal law.
2505	(10)(9)  AGREEMENTS.--
2506	(a)  Each M.P.O. shall execute the following written
2507	agreements, which shall be reviewed, and updated as necessary,
2508	every 5 years:
2509	1.  An agreement with the department clearly establishing
2510	the cooperative relationship essential to accomplish the
2511	transportation planning requirements of state and federal law.
2512	2.  An agreement with the metropolitan and regional
2513	intergovernmental coordination and review agencies serving the
2514	metropolitan areas, specifying the means by which activities
2515	will be coordinated and how transportation planning and
2516	programming will be part of the comprehensive planned
2517	development of the area.
2518	3.  An agreement with operators of public transportation
2519	systems, including transit systems, commuter rail systems,
2520	airports, seaports, and spaceports, describing the means by
2521	which activities will be coordinated and specifying how public
2522	transit, commuter rail, aviation, seaport, and aerospace
2523	planning and programming will be part of the comprehensive
2524	planned development of the metropolitan area.
2525	(b)  An M.P.O. may execute other agreements required by
2526	state or federal law or as necessary to properly accomplish its
2527	functions.
2528	(11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
2529	COUNCIL.--
2530	(a)  A Metropolitan Planning Organization Advisory Council
2531	is created to augment, and not supplant, the role of the
2532	individual M.P.O.'s in the cooperative transportation planning
2533	process described in this section.
2534	(b)  The council shall consist of one representative from
2535	each M.P.O. and shall elect a chairperson annually from its
2536	number. Each M.P.O. shall also elect an alternate representative
2537	from each M.P.O. to vote in the absence of the representative.
2538	Members of the council do not receive any compensation for their
2539	services, but may be reimbursed from funds made available to
2540	council members for travel and per diem expenses incurred in the
2541	performance of their council duties as provided in s. 112.061.
2542	(c)  The powers and duties of the Metropolitan Planning
2543	Organization Advisory Council are to:
2544	1.  Enter into contracts with individuals, private
2545	corporations, and public agencies.
2546	2.  Acquire, own, operate, maintain, sell, or lease
2547	personal property essential for the conduct of business.
2548	3.  Accept funds, grants, assistance, gifts, or bequests
2549	from private, local, state, or federal sources.
2550	4.  Establish bylaws and adopt rules pursuant to ss.
2551	120.536(1) and 120.54 to implement provisions of law conferring
2552	powers or duties upon it.
2553	5.  Assist M.P.O.'s in carrying out the urbanized area
2554	transportation planning process by serving as the principal
2555	forum for collective policy discussion pursuant to law.
2556	6.  Serve as a clearinghouse for review and comment by
2557	M.P.O.'s on the Florida Transportation Plan and on other issues
2558	required to comply with federal or state law in carrying out the
2559	urbanized area transportation and systematic planning processes
2560	instituted pursuant to s. 339.155.
2561	7.  Employ an executive director and such other staff as
2562	necessary to perform adequately the functions of the council,
2563	within budgetary limitations. The executive director and staff
2564	are exempt from part II of chapter 110 and serve at the
2565	direction and control of the council. The council is assigned to
2566	the Office of the Secretary of the Department of Transportation
2567	for fiscal and accountability purposes, but it shall otherwise
2568	function independently of the control and direction of the
2569	department.
2570	8.  Adopt an agency strategic plan that provides the
2571	priority directions the agency will take to carry out its
2572	mission within the context of the state comprehensive plan and
2573	any other statutory mandates and directions given to the agency.
2574	(12)(11)  APPLICATION OF FEDERAL LAW.--Upon notification by
2575	an agency of the Federal Government that any provision of this
2576	section conflicts with federal laws or regulations, such federal
2577	laws or regulations will take precedence to the extent of the
2578	conflict until such conflict is resolved. The department or an
2579	M.P.O. may take any necessary action to comply with such federal
2580	laws and regulations or to continue to remain eligible to
2581	receive federal funds.
2582	(13)(12)  VOTING REQUIREMENTS.--Each long-range
2583	transportation plan required pursuant to subsection (7) (6),
2584	each annually updated Transportation Improvement Program
2585	required under subsection (8) (7), and each amendment that
2586	affects projects in the first 3 years of such plans and programs
2587	must be approved by each M.P.O. on a recorded roll call vote, or
2588	hand-counted vote, of a majority of the membership present.
2589	Section 34.  Subsection (2) of section 339.2819, Florida
2590	Statutes, is amended to read:
2591	339.2819  Transportation Regional Incentive Program.--
2592	(2)  The percentage of matching funds provided from the
2593	Transportation Regional Incentive Program shall be 50 percent of
2594	project costs, or up to 50 percent of the nonfederal share of
2595	the eligible project cost for a public transportation facility
2596	project.
2597	Section 35.  Section 339.282, Florida Statutes, is created
2598	to read:
2599	339.282  Transportation concurrency incentives.--The
2600	Legislature finds that allowing private-sector entities to
2601	finance, construct, and improve public transportation facilities
2602	can provide significant benefits to the citizens of this state
2603	by facilitating transportation of the general public without the
2604	need for additional public tax revenues. In order to encourage
2605	the more efficient and proactive provision of transportation
2606	improvements by the private sector, if a developer or property
2607	owner voluntarily contributes right-of-way and physically
2608	constructs or expands a state transportation facility or segment
2609	and such construction or expansion improves traffic flow,
2610	capacity, or safety, the voluntary contribution may be applied
2611	as a credit for that property owner or developer against any
2612	future transportation concurrency requirement pursuant to
2613	chapter 163, provided such contributions and credits are set
2614	forth in a legally binding agreement executed by the property
2615	owner or developer, the local government within whose
2616	jurisdiction the facility is located, and the department. If the
2617	developer or property owner voluntarily contributes right-of-way
2618	and physically constructs or expands a local government facility
2619	or segment and such construction or expansion meets the
2620	requirements in this section and in a legally binding agreement
2621	between the property owner or developer and the applicable local
2622	government, the contribution to the local government collector
2623	and the arterial system may be applied as credit against any
2624	future transportation concurrency requirements within the
2625	jurisdiction pursuant to chapter 163.
2626	Section 36.  Subsection (4) of section 339.55, Florida
2627	Statutes, is amended, and paragraph (c) is added to subsection
2628	(2) and paragraph (j) is added to subsection (7) of that
2629	section, to read:
2630	339.55  State-funded infrastructure bank.--
2631	(2)  The bank may lend capital costs or provide credit
2632	enhancements for:
2633	(c)1.  Emergency loans for damages incurred to public-use
2634	commercial deepwater seaports, public-use airports, and other
2635	public-use transit and intermodal facilities that are within an
2636	area that is part of an official state declaration of emergency
2637	pursuant to chapter 252 and all other applicable laws. Such
2638	loans:
2639	a.  May not exceed 24 months in duration except in extreme
2640	circumstances, for which the Secretary of Transportation may
2641	grant up to 36 months upon making written findings specifying
2642	the conditions requiring a 36-month term.
2643	b.  Require application from the recipient to the
2644	department that includes documentation of damage claims filed
2645	with the Federal Emergency Management Agency or an applicable
2646	insurance carrier and documentation of the recipient's overall
2647	financial condition.
2648	c.  Are subject to approval by the Secretary of
2649	Transportation and the Legislative Budget Commission.
2650	2.  Loans provided under this paragraph must be repaid upon
2651	receipt by the recipient of eligible program funding for damages
2652	in accordance with the claims filed with the Federal Emergency
2653	Management Agency or an applicable insurance carrier, but no
2654	later than the duration of the loan.
2655	(4)  Loans from the bank may bear interest at or below
2656	market interest rates, as determined by the department.
2657	Repayment of any loan from the bank shall commence not later
2658	than 5 years after the project has been completed or, in the
2659	case of a highway project, the facility has opened to traffic,
2660	whichever is later, and shall be repaid in no more than 30
2661	years, except for loans provided under paragraph (2)(c), which
2662	shall be repaid in no more than 36 months.
2663	(7)  The department may consider, but is not limited to,
2664	the following criteria for evaluation of projects for assistance
2665	from the bank:
2666	(j)  The extent to which damage from a disaster that
2667	results in a declaration of emergency has impacted a public
2668	transportation facility's ability to maintain its previous level
2669	of service and remain accessible to the public or has had a
2670	major impact on the cash flow or revenue-generation ability of
2671	the public-use facility.
2672	Section 37.  Section 339.63, Florida Statutes, is amended
2673	to read:
2674	339.63  System facilities designated; additions and
2675	deletions.--
2676	(1)  The initial Strategic Intermodal System shall include
2677	all facilities that meet the criteria recommended by the
2678	Strategic Intermodal Steering Committee in a report titled
2679	"Steering Committee Final Report: Recommendations for
2680	Designating Florida's Strategic Intermodal System" dated
2681	December 2002.
2682	(2)  The Strategic Intermodal System and the Emerging
2683	Strategic Intermodal System include three different types of
2684	facilities, each of which forms one component of an
2685	interconnected transportation system:
2686	(a)  Existing or planned hubs, which are ports and
2687	terminals, including airports, seaports, spaceports, passenger
2688	terminals, and rail terminals that move goods or people between
2689	regions in this state or between this state and markets in other
2690	states or nations;
2691	(b)  Existing or planned corridors, which are highways,
2692	rail lines, waterways, and other exclusive-use facilities that
2693	connect major markets within this state or between this state
2694	and other states or nations; and
2695	(c)  Existing or planned intermodal connectors, which are
2696	highways, rail lines, or waterways that connect hubs and
2697	corridors.
2698	(3)  Subsequent to the initial designation of the Strategic
2699	Intermodal System pursuant to subsection (1), the department
2700	Secretary of Transportation shall, in coordination with the
2701	metropolitan planning organizations, local governments, regional
2702	planning councils, transportation providers, and affected public
2703	agencies, periodically add facilities to or delete facilities
2704	from the Strategic Intermodal System described in paragraphs
2705	(2)(b) and (c) based upon adopted criteria adopted by the
2706	department.
2707	(4)  Subsequent to the initial designation of the Strategic
2708	Intermodal System pursuant to subsection (1), the department
2709	shall, in coordination with the metropolitan planning
2710	organizations, local governments, regional planning councils,
2711	transportation providers, and affected public agencies, add
2712	facilities to or delete facilities from the Strategic Intermodal
2713	System described in paragraph (2)(a) based upon meeting at least
2714	one of the specific criteria as follows:
2715	(a)  Strategic Intermodal System airports.--Commercial
2716	service airports that provide service to no less than 0.25
2717	percent of total United States passenger enplanements or that
2718	handle no less than 0.25 percent of total United States air
2719	freight and mail tonnage annually.
2720	(b)  Emerging Strategic Intermodal System airports based on
2721	activity.--Commercial service airports that provide commercial
2722	service to no less than 0.05 percent of total United States
2723	passenger enplanements, or that handle no less than 0.05 percent
2724	of total United States air freight and mail tonnage annually,
2725	and are located more than 50 miles from the closest Strategic
2726	Intermodal System commercial service airport.
2727	(c)  Emerging Strategic Intermodal System airports based on
2728	economic connectivity.--Commercial service airports that serve
2729	clusters of aviation-dependent industries, are located in or
2730	adjacent to counties with projected population growth among the
2731	top 25 percent statewide, and are located more than 50 miles
2732	from a Strategic Intermodal System commercial service airport.
2733	(d)  General aviation reliever airports.--General aviation
2734	reliever airports that have at least 75,000 itinerant operations
2735	per year, have a runway length of at least 5,500 linear feet,
2736	are capable of handling aircraft weighing at least 60,000 pounds
2737	with a dual wheel configuration which are served by at least one
2738	precision instrument approach, and serve a cluster of aviation-
2739	dependent industries.
2740	(e)  Strategic Intermodal System spaceports.--Operating
2741	spaceports handling commercial or military freight payloads.
2742	(f)  Strategic Intermodal System seaports.--Deepwater
2743	seaports that provide service to no less than 250,000 homeport
2744	passengers per year or that handle no less than 0.25 percent of
2745	total United States waterborne freight tonnage or total United
2746	States waterborne container movements annually.
2747	(g)  Emerging Strategic Intermodal System seaports based on
2748	activity.--Deepwater seaports that provide service to no less
2749	than 50,000 homeport passengers per year, or that handle no less
2750	than 0.05 percent of total United States waterborne freight
2751	tonnage or total United States waterborne container movements
2752	annually, and are located more than 50 miles from the closest
2753	Strategic Intermodal System seaport.
2754	(h)  Emerging Strategic Intermodal System seaports based on
2755	economic connectivity.--Deepwater seaports that serve industries
2756	dependent on waterborne transportation service located in or
2757	adjacent to counties with projected population growth among the
2758	top 25 percent statewide and are located more than 50 miles from
2759	the closest Strategic Intermodal System seaport.
2760	(i)  Strategic Intermodal System passenger
2761	terminals.--Terminals that serve no less than 100,000
2762	interregional or interstate passengers annually.
2763	(j)  Emerging Strategic Intermodal System passenger
2764	terminals based on activity.--Terminals that serve no less than
2765	50,000 interregional or interstate passengers annually and are
2766	located more than 50 miles from the nearest Strategic Intermodal
2767	System passenger terminal at which service by the same operator
2768	is provided.
2769	(k)  Emerging Strategic Intermodal System passenger rail
2770	terminals based on economic connectivity.--Terminals that serve
2771	4-year colleges and universities and clusters of tourism
2772	activity, are located in or adjacent to counties with projected
2773	population growth among the top 25 percent statewide, and are
2774	located more than 50 miles from the closest Strategic Intermodal
2775	System passenger terminal.
2776	(l)  Strategic Intermodal System freight rail
2777	terminals.--Terminals that handle no less than 0.25 percent of
2778	United States total rail freight activity annually.
2779	(m)  Emerging Strategic Intermodal System freight rail
2780	terminals based on activity.--Terminals that handle no less than
2781	0.05 percent of United States total rail freight activity
2782	annually.
2783	(n)  Emerging Strategic Intermodal System freight rail
2784	terminals based on economic connectivity.--Terminals that serve
2785	clusters of rail-dependent industries, are located in or
2786	adjacent to counties with projected employment growth among the
2787	top 25 percent statewide, and are located more than 50 miles
2788	from the closest Strategic Intermodal System freight rail
2789	terminal.
2790	(5)  Subsequent to the initial designation of the Strategic
2791	Intermodal System pursuant to subsection (1), the department
2792	shall, in coordination with the metropolitan planning
2793	organizations, local governments, regional planning councils,
2794	transportation providers, and affected public agencies, add
2795	planned facilities to or delete planned facilities from the
2796	Strategic Intermodal System described in paragraph (2)(a) based
2797	upon meeting the specific criteria as follows:
2798	(a)  Criteria and thresholds.--The planned facility or
2799	service is projected to meet all applicable Strategic Intermodal
2800	System or Emerging Strategic Intermodal System criteria and
2801	thresholds within the first 3 years of operation.
2802	(b)  Financial feasibility.--The planned facility or
2803	service is financially feasible.
2804	Section 38.  Subsection (2) of section 341.071, Florida
2805	Statutes, is amended to read:
2806	341.071  Transit productivity and performance measures;
2807	reports.--
2808	(2)  Each public transit provider shall establish
2809	productivity and performance measures, which must be approved by
2810	the department and which must be selected from measures
2811	developed pursuant to s. 341.041(3). Each provider shall, by
2812	January 31 of each year, report annually to the department
2813	relative to these measures. In approving these measures, the
2814	department shall give consideration to the goals and objectives
2815	of each system, the needs of the local area, and the role for
2816	public transit in the local area. The report shall also
2817	specifically address potential enhancements to productivity and
2818	performance which would have the effect of increasing farebox
2819	recovery ratio.
2820	Section 39.  Paragraph (a) of subsection (2) of section
2821	343.81, Florida Statutes, is amended to read:
2822	343.81  Northwest Florida Transportation Corridor
2823	Authority.--
2824	(2)(a)  The governing body of the authority shall consist
2825	of eight voting members, one each from Escambia, Santa Rosa,
2826	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
2827	appointed by the Governor to a 4-year term. The appointees shall
2828	be residents of their respective counties and may not hold an
2829	elected office. Upon the effective date of his or her
2830	appointment, or as soon thereafter as practicable, each
2831	appointed member of the authority shall enter upon his or her
2832	duties. Each appointed member shall hold office until his or her
2833	successor has been appointed and has qualified. A vacancy
2834	occurring during a term shall be filled only for the balance of
2835	the unexpired term. Any member of the authority shall be
2836	eligible for reappointment. Members of the authority may be
2837	removed from office by the Governor for misconduct, malfeasance,
2838	misfeasance, or nonfeasance in office.
2839	Section 40.  The amendments made by this act to s. 343.81,
2840	Florida Statutes, prohibiting the appointment of a person
2841	holding an elected office to the Northwest Florida
2842	Transportation Corridor Authority shall not prohibit any member
2843	appointed prior to the effective date of this act from
2844	completing his or her current term, and the prohibition shall
2845	apply only to members appointed after the effective date of this
2846	act and shall not preclude the reappointment of any existing
2847	members.
2848	Section 41.  Subsection (2) of section 343.82, Florida
2849	Statutes, is amended to read:
2850	343.82  Purposes and powers.--
2851	(2)(a)  The authority is authorized to construct any feeder
2852	roads, reliever roads, connector roads, bypasses, or appurtenant
2853	facilities that are intended to improve mobility along the U.S.
2854	98 corridor. The transportation improvement projects may also
2855	include all necessary approaches, roads, bridges, and avenues of
2856	access that are desirable and proper with the concurrence, where
2857	applicable, of the department if the project is to be part of
2858	the State Highway System or the respective county or municipal
2859	governing boards. Any transportation facilities constructed by
2860	the authority may be tolled.
2861	(b)  Notwithstanding any special act to the contrary, the
2862	authority shall plan for and study the feasibility of
2863	constructing, operating, and maintaining a bridge or bridges
2864	spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
2865	access roads to such bridge or bridges, including studying the
2866	environmental and economic feasibility of such bridge or
2867	bridges and access roads, and such other transportation
2868	facilities that become part of such bridge system. The authority
2869	may construct, operate, and maintain the bridge system if the
2870	authority determines that the bridge system project is feasible
2871	and consistent with the authority's primary purpose and master
2872	plan.
2873	Section 42.  Subsection (9) of section 348.0004, Florida
2874	Statutes, is amended to read:
2875	348.0004  Purposes and powers.--
2876	(9)  The Legislature declares that there is a public need
2877	for rapid construction of safe and efficient transportation
2878	facilities for travel within the state and that it is in the
2879	public's interest to provide for public-private partnership
2880	agreements to effectuate the construction of additional safe,
2881	convenient, and economical transportation facilities.
2882	(a)  Notwithstanding any other provision of the Florida
2883	Expressway Authority Act, any expressway authority,
2884	transportation authority, bridge authority, or toll authority
2885	established under this part or any other statute may receive or
2886	solicit proposals and enter into agreements with private
2887	entities, or consortia thereof, for the building, operation,
2888	ownership, or financing of expressway authority transportation
2889	facilities or new transportation facilities within the
2890	jurisdiction of the expressway authority. An expressway
2891	authority is authorized to adopt rules to implement this
2892	subsection and shall, by rule, establish an application fee for
2893	the submission of unsolicited proposals under this subsection.
2894	The fee must be sufficient to pay the costs of evaluating the
2895	proposals. An expressway authority may engage private
2896	consultants to assist in the evaluation. Before approval, an
2897	expressway authority must determine that a proposed project:
2898	1.  Is in the public's best interest.
2899	2.  Would not require state funds to be used unless the
2900	project is on or provides increased mobility on the State
2901	Highway System.
2902	3.  Would have adequate safeguards to ensure that no
2903	additional costs or service disruptions would be realized by the
2904	traveling public and residents citizens of the state in the
2905	event of default or the cancellation of the agreement by the
2906	expressway authority.
2907	(b)  An expressway authority shall ensure that all
2908	reasonable costs to the state which are, related to
2909	transportation facilities that are not part of the State Highway
2910	System, are borne by the private entity. An expressway authority
2911	shall also ensure that all reasonable costs to the state and
2912	substantially affected local governments and utilities related
2913	to the private transportation facility are borne by the private
2914	entity for transportation facilities that are owned by private
2915	entities. For projects on the State Highway System, the
2916	department may use state resources to participate in funding and
2917	financing the project as provided for under the department's
2918	enabling legislation.
2919	(c)  The expressway authority may request proposals for
2920	public-private transportation projects or, if it receives an
2921	unsolicited proposal, it must publish a notice in the Florida
2922	Administrative Weekly and a newspaper of general circulation in
2923	the county in which it is located at least once a week for 2
2924	weeks, stating that it has received the proposal and will
2925	accept, for 60 days after the initial date of publication, other
2926	proposals for the same project purpose. A copy of the notice
2927	must be mailed to each local government in the affected areas.
2928	After the public notification period has expired, the expressway
2929	authority shall rank the proposals in order of preference. In
2930	ranking the proposals, the expressway authority shall consider
2931	professional qualifications, general business terms, innovative
2932	engineering or cost-reduction terms, finance plans, and the need
2933	for state funds to deliver the proposal. If the expressway
2934	authority is not satisfied with the results of the negotiations,
2935	it may, at its sole discretion, terminate negotiations with the
2936	proposer. If these negotiations are unsuccessful, the expressway
2937	authority may go to the second and lower-ranked firms, in order,
2938	using the same procedure. If only one proposal is received, the
2939	expressway authority may negotiate in good faith, and if it is
2940	not satisfied with the results, it may, at its sole discretion,
2941	terminate negotiations with the proposer. Notwithstanding this
2942	paragraph, the expressway authority may, at its discretion,
2943	reject all proposals at any point in the process up to
2944	completion of a contract with the proposer.
2945	(d)  The department may lend funds from the Toll Facilities
2946	Revolving Trust Fund, as outlined in s. 338.251, to public-
2947	private partnerships. To be eligible, a private entity must
2948	comply with s. 338.251 and must provide an indication from a
2949	nationally recognized rating agency that the senior bonds for
2950	the project will be investment grade or must provide credit
2951	support, such as a letter of credit or other means acceptable to
2952	the department, to ensure that the loans will be fully repaid.
2953	(e)  Agreements entered into pursuant to this subsection
2954	may authorize the public-private entity to impose tolls or fares
2955	for the use of the facility. However, the amount and use of toll
2956	or fare revenues shall be regulated by the expressway authority
2957	to avoid unreasonable costs to users of the facility.
2958	(f)  Agreements entered into pursuant to this section may
2959	lease existing toll facilities through public-private
2960	partnerships. If the agreement for leasing an existing toll
2961	facility does not include provisions for additional capacity,
2962	the project and the provisions of the agreement must be approved
2963	by the Florida Transportation Commission.
2964	(g)(f)  Each public-private transportation facility
2965	constructed pursuant to this subsection shall comply with all
2966	requirements of federal, state, and local laws; state, regional,
2967	and local comprehensive plans; the expressway authority's rules,
2968	policies, procedures, and standards for transportation
2969	facilities; and any other conditions that the expressway
2970	authority determines to be in the public's best interest.
2971	(h)(g)  An expressway authority may exercise any power
2972	possessed by it, including eminent domain, to facilitate the
2973	development and construction of transportation projects pursuant
2974	to this subsection. An expressway authority may pay all or part
2975	of the cost of operating and maintaining the facility or may
2976	provide services to the private entity for which it receives
2977	full or partial reimbursement for services rendered.
2978	(i)(h)  Except as herein provided, this subsection is not
2979	intended to amend existing laws by granting additional powers to
2980	or further restricting the governmental entities from regulating
2981	and entering into cooperative arrangements with the private
2982	sector for the planning, construction, and operation of
2983	transportation facilities. Use of the powers granted in this
2984	subsection may not subject a statutorily created expressway
2985	authority, transportation authority, bridge authority, or toll
2986	authority, other than one statutorily created under this part,
2987	to any of the requirements of this part other than those
2988	contained in this subsection.
2989	Section 43.  Section 348.0012, Florida Statutes, is amended
2990	to read:
2991	348.0012  Exemptions from applicability.--The Florida
2992	Expressway Authority Act does not apply:
2993	(1)  In a county in which an expressway authority has been
2994	created pursuant to parts II-IX of this chapter, except as
2995	expressly provided in this part; or
2996	(2)  To a transportation authority created pursuant to
2997	chapter 349.
2998	Section 44.  Paragraph (l) of subsection (2) of section
2999	348.243, Florida Statutes, is amended to read:
3000	348.243  Purposes and powers.--
3001	(2)  The authority is granted, and shall have and may
3002	exercise, all powers necessary, appurtenant, convenient, or
3003	incidental to the carrying out of the aforesaid purposes,
3004	including, but not limited to, the following rights and powers:
3005	(l)  To enter into an agreement to sell, transfer, and
3006	dispose of all property of the Sawgrass Expressway, whether
3007	real, personal, or mixed, tangible or intangible, to the
3008	Department of Transportation as part of the Turnpike System in
3009	accordance with s. 338.2275(3)(4).
3010	Section 45.  Subsection (6) is added to section 348.754,
3011	Florida Statutes, to read:
3012	348.754  Purposes and powers.--
3013	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
3014	County Expressway Authority may waive payment and performance
3015	bonds on construction contracts for the construction of a public
3016	building, for the prosecution and completion of a public work,
3017	or for repairs on a public building or public work that has a
3018	cost of $500,000 or less and when the project is awarded
3019	pursuant to an economic development program for the
3020	encouragement of local small businesses that has been adopted by
3021	the governing body of the Orlando-Orange County Expressway
3022	Authority pursuant to a resolution or policy.
3023	(b)  The authority's adopted criteria for participation in
3024	the economic development program for local small businesses
3025	shall require that a participant:
3026	1.  Be an independent business.
3027	2.  Be principally domiciled in the Orange County Standard
3028	Metropolitan Statistical Area.
3029	3.  Employ 25 or fewer full-time employees.
3030	4.  Have gross annual sales averaging $3 million or less
3031	over the immediately preceding 3 calendar years with regard to
3032	any construction element of the program.
3033	5.  Be accepted as a participant in the Orlando-Orange
3034	County Expressway Authority's microcontracts program or such
3035	other small business program as may be hereinafter enacted by
3036	the Orlando-Orange County Expressway Authority.
3037	6.  Participate in an educational curriculum or technical
3038	assistance program for business development that will assist the
3039	small business in becoming eligible for bonding.
3040	(c)  The authority's adopted procedures for waiving payment
3041	and performance bonds on projects with values not less than
3042	$200,000 and not exceeding $500,000 shall provide that payment
3043	and performance bonds may only be waived on projects that have
3044	been set aside to be competitively bid on by participants in an
3045	economic development program for local small businesses. The
3046	authority's executive director or his or her designee shall
3047	determine whether specific construction projects are suitable
3048	for:
3049	1.  Bidding under the authority's microcontracts program by
3050	registered local small businesses; and
3051	2.  Waiver of the payment and performance bond.
3052
3053	The decision of the authority's executive director or deputy
3054	executive director to waive the payment and performance bond
3055	shall be based upon his or her investigation and conclusion that
3056	there exists sufficient competition so that the authority
3057	receives a fair price and does not undertake any unusual risk
3058	with respect to such project.
3059	(d)  For any contract for which a payment and performance
3060	bond has been waived pursuant to the authority set forth in this
3061	section, the Orlando-Orange County Expressway Authority shall
3062	pay all persons defined in s. 713.01 who furnish labor,
3063	services, or materials for the prosecution of the work provided
3064	for in the contract to the same extent and upon the same
3065	conditions that a surety on the payment bond under s. 255.05
3066	would have been obligated to pay such persons if the payment and
3067	performance bond had not been waived. The authority shall record
3068	notice of this obligation in the manner and location that surety
3069	bonds are recorded. The notice shall include the information
3070	describing the contract that s. 255.05(1) requires be stated on
3071	the front page of the bond. Notwithstanding that s. 255.05(9)
3072	generally applies when a performance and payment bond is
3073	required, s. 255.05(9) shall apply under this subsection to any
3074	contract on which performance or payment bonds are waived and
3075	any claim to payment under this subsection shall be treated as a
3076	contract claim pursuant to s. 255.05(9).
3077	(e)  A small business that has been the successful bidder
3078	on six projects for which the payment and performance bond was
3079	waived by the authority pursuant to paragraph (a) shall be
3080	ineligible to bid on additional projects for which the payment
3081	and performance bond is to be waived. The local small business
3082	may continue to participate in other elements of the economic
3083	development program for local small businesses as long as it is
3084	eligible.
3085	(f)  The authority shall conduct bond eligibility training
3086	for businesses qualifying for bond waiver under this subsection
3087	to encourage and promote bond eligibility for such businesses.
3088	(g)  The authority shall prepare a biennial report on the
3089	activities undertaken pursuant to this subsection to be
3090	submitted to the Orange County legislative delegation. The
3091	initial report shall be due December 31, 2010.
3092	Section 46.  Paragraph (a) of subsection (3) of section
3093	163.3177, Florida Statutes, is amended to read:
3094	163.3177  Required and optional elements of comprehensive
3095	plan; studies and surveys.--
3096	(3)(a)  The comprehensive plan shall contain a capital
3097	improvements element designed to consider the need for and the
3098	location of public facilities in order to encourage the
3099	efficient utilization of such facilities and set forth:
3100	1.  A component which outlines principles for construction,
3101	extension, or increase in capacity of public facilities, as well
3102	as a component which outlines principles for correcting existing
3103	public facility deficiencies, which are necessary to implement
3104	the comprehensive plan. The components shall cover at least a 5-
3105	year period.
3106	2.  Estimated public facility costs, including a
3107	delineation of when facilities will be needed, the general
3108	location of the facilities, and projected revenue sources to
3109	fund the facilities.
3110	3.  Standards to ensure the availability of public
3111	facilities and the adequacy of those facilities including
3112	acceptable levels of service.
3113	4.  Standards for the management of debt.
3114	5.  A schedule of capital improvements which includes
3115	publicly funded projects, and which may include privately funded
3116	projects for which the local government has no fiscal
3117	responsibility, necessary to ensure that adopted level-of-
3118	service standards are achieved and maintained. For capital
3119	improvements that will be funded by the developer, financial
3120	feasibility shall be demonstrated by being guaranteed in an
3121	enforceable development agreement or interlocal agreement
3122	pursuant to paragraph (10)(h), or other enforceable agreement.
3123	These development agreements and interlocal agreements shall be
3124	reflected in the schedule of capital improvements if the capital
3125	improvement is necessary to serve development within the 5-year
3126	schedule. If the local government uses planned revenue sources
3127	that require referenda or other actions to secure the revenue
3128	source, the plan must, in the event the referenda are not passed
3129	or actions do not secure the planned revenue source, identify
3130	other existing revenue sources that will be used to fund the
3131	capital projects or otherwise amend the plan to ensure financial
3132	feasibility.
3133	6.  The schedule must include transportation improvements
3134	included in the applicable metropolitan planning organization's
3135	transportation improvement program adopted pursuant to s.
3136	339.175(8)(7) to the extent that such improvements are relied
3137	upon to ensure concurrency and financial feasibility. The
3138	schedule must also be coordinated with the applicable
3139	metropolitan planning organization's long-range transportation
3140	plan adopted pursuant to s. 339.175(7)(6).
3141	Section 47.  Section 339.176, Florida Statutes, is amended
3142	to read:
3143	339.176  Voting membership for M.P.O. with boundaries
3144	including certain counties.--In addition to the voting
3145	membership established by s. 339.175(3)(2) and notwithstanding
3146	any other provision of law to the contrary, the voting
3147	membership of any Metropolitan Planning Organization whose
3148	geographical boundaries include any county as defined in s.
3149	125.011(1) must include an additional voting member appointed by
3150	that city's governing body for each city with a population of
3151	50,000 or more residents.
3152	Section 48.  Subsection (1) of section 341.828, Florida
3153	Statutes, is amended to read:
3154	341.828  Permitting.--
3155	(1)  The authority, for the purposes of permitting, may
3156	utilize one or more permitting processes provided for in
3157	statute, including, but not limited to, the metropolitan
3158	planning organization long-range transportation planning process
3159	as defined in s. 339.175(6) and (7) and (8), in conjunction with
3160	the Department of Transportation's work program process as
3161	defined in s. 339.135, or any permitting process now in effect
3162	or that may be in effect at the time of permitting and will
3163	provide the most timely and cost-effective permitting process.
3164	Section 49.  Section 334.30, Florida Statutes, is amended
3165	to read:
3166	334.30  Public-private transportation facilities.--The
3167	Legislature hereby finds and declares that there is a public
3168	need for rapid construction of safe and efficient transportation
3169	facilities for the purpose of travel within the state. It is the
3170	intent of the Legislature to strengthen the state's
3171	transportation system by providing the department with
3172	innovative financing techniques, including, but not limited to,
3173	public-private partnerships, toll facility leases, and user
3174	fees. In response to increased congestion, population, and
3175	market demands, and that it is in the public's interest to
3176	provide for the construction of additional safe, convenient, and
3177	economical transportation facilities.
3178	(1)  The department may receive or solicit proposals and,
3179	with legislative approval as evidenced by approval of the
3180	project in the department's work program, enter into agreements
3181	with private entities, or consortia thereof, for the building,
3182	operation, ownership, or financing of transportation facilities.
3183	The department may advance projects programmed in the adopted 5-
3184	year work program or projects greater than $500 million in the
3185	10-year Strategic Intermodal System Plan using funds provided by
3186	public-private partnerships or private entities to be reimbursed
3187	from department funds for the project as programmed in the
3188	adopted work program. The department shall by rule establish an
3189	application fee for the submission of unsolicited proposals
3190	under this section. The fee must be sufficient to pay the costs
3191	of evaluating the proposals. The department may engage the
3192	services of private consultants to assist in the evaluation.
3193	Before approval, the department must determine that the proposed
3194	project:
3195	(a)  Is in the public's best interest;
3196	(b)  Would not require state funds to be used unless the
3197	project is on the State Highway System; and
3198	(c)  Would have adequate safeguards in place to ensure that
3199	no additional costs or service disruptions would be realized by
3200	the traveling public and citizens of the state in the event of
3201	default or cancellation of the agreement by the department.
3202
3203	The department shall ensure that all reasonable costs to the
3204	state, related to transportation facilities that are not part of
3205	the State Highway System, are borne by the private entity. The
3206	department shall also ensure that all reasonable costs to the
3207	state and substantially affected local governments and
3208	utilities, related to the private transportation facility, are
3209	borne by the private entity for transportation facilities that
3210	are owned by private entities. For projects on the State Highway
3211	System, the department may use state resources to participate in
3212	funding and financing the project as provided for under the
3213	department's enabling legislation.
3214	(2)  Agreements entered into pursuant to this section may
3215	authorize the private entity to impose tolls or fares for the
3216	use of the facility. The following provisions shall apply to
3217	such agreements: However, the amount and use of toll or fare
3218	revenues shall be regulated by the department to avoid
3219	unreasonable costs to users of the facility.
3220	(a)  With the exception of the Florida Turnpike System, the
3221	department may lease existing toll facilities through public-
3222	private partnerships. If the agreement for leasing an existing
3223	toll facility does not include provisions for additional
3224	capacity, the project and the provisions of the agreement must
3225	be approved by the Legislature. The public-private partnership
3226	agreement must ensure that the toll facility is properly
3227	operated, maintained, and renewed in accordance with department
3228	standards.
3229	(b)  The department may develop new toll facilities or
3230	increase capacity on existing toll facilities through public-
3231	private partnerships. The public-private partnership agreement
3232	must ensure that the toll facility is properly operated,
3233	maintained, and renewed in accordance with department standards.
3234	(c)  The amount of toll or fare revenues shall be regulated
3235	by the department pursuant to s. 338.165(3). The regulations
3236	governing the future increase of toll or fare revenues shall be
3237	included in the public-private partnership agreement.
3238	(d)  The department shall include provisions in the public-
3239	private partnership agreement that ensure a negotiated portion
3240	of revenues from tolled projects are returned to the department
3241	over the life of the public-private partnership agreement. In
3242	the case of a lease of an existing toll facility, the department
3243	shall receive a portion of funds upon closing on the agreements
3244	and shall also include provisions in the agreement to receive
3245	payment of a negotiated portion of revenues over the life of the
3246	public-private partnership.
3247	(e)  The private entity shall provide an investment grade
3248	traffic and revenue study prepared by an internationally
3249	recognized traffic and revenue expert that is accepted by the
3250	national bond rating agencies. The private entity shall also
3251	provide a finance plan that identifies the project cost,
3252	revenues by source, financing, major assumptions, internal rate
3253	of return on private investments, and whether any government
3254	funds are assumed to deliver a cost feasible project, and a
3255	total cash flow analysis beginning with implementation of the
3256	project and extending for the term of the agreement. The amount
3257	of the toll or fares included in the provisions of agreements
3258	under this section shall be consistent with projections included
3259	in the study, plan, and analysis provided under this paragraph.
3260	Specific elements to be described shall include, but are not
3261	limited to, the following:
3262	1.  The estimate of ridership and a forecast of annual toll
3263	revenues. The method of producing the estimates shall be
3264	described in sufficient detail to allow the projections to be
3265	verified. Assumptions used in the process shall be clearly
3266	indicated.
3267	2.  Forecasts shall be provided of any additional sources
3268	of revenue anticipated from the proposed facility with clearly
3269	stated assumptions and data and methods used to develop the
3270	forecasts. Sources for revenue might include the receipts from
3271	advertising, station concessions, royalties, and licenses.
3272	3.  The amount of associated real estate development and
3273	supplemental revenue sources that will be used to supplement
3274	operations.
3275	4.  If subsidies will be required in the early years of a
3276	facility's operation, the source, amount, how they are to be
3277	used, and the years in which they will be needed shall be
3278	specified. Appropriate contact information and supporting
3279	documentation must be provided for each type of fund source for
3280	analysis and review by the department.
3281	(3)  Each private transportation facility constructed
3282	pursuant to this section shall comply with all requirements of
3283	federal, state, and local laws; state, regional, and local
3284	comprehensive plans; department rules, policies, procedures, and
3285	standards for transportation facilities; and any other
3286	conditions which the department determines to be in the public's
3287	best interest.
3288	(4)  The department may exercise any power possessed by it,
3289	including eminent domain, with respect to the development and
3290	construction of state transportation projects to facilitate the
3291	development and construction of transportation projects pursuant
3292	to this section. The department may provide services to the
3293	private entity. Agreements for maintenance, law enforcement, and
3294	other services entered into pursuant to this section shall
3295	provide for full reimbursement for services rendered for
3296	projects not on the State Highway System.
3297	(5)  Except as herein provided, the provisions of this
3298	section are not intended to amend existing laws by granting
3299	additional powers to, or further restricting, local governmental
3300	entities from regulating and entering into cooperative
3301	arrangements with the private sector for the planning,
3302	construction, and operation of transportation facilities.
3303	(6)  The procurement of public-private partnerships by the
3304	department shall follow the provisions of this section. Sections
3305	337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
3306	337.185, 337.19, 337.221, and 337.251 shall not apply to
3307	procurements under this section unless a provision is included
3308	in the procurement documents. The department shall ensure that
3309	generally accepted business practices for exemptions provided by
3310	this subsection are part of the procurement process or are
3311	included in the public-private partnership agreement.
3312	(a)  The department may request proposals from private
3313	entities for public-private transportation projects or, if the
3314	department receives an unsolicited proposal, the department
3315	shall publish a notice in the Florida Administrative Weekly and
3316	a newspaper of general circulation at least once a week for 2
3317	weeks stating that the department has received the proposal and
3318	will accept, for 120 60 days after the initial date of
3319	publication, other proposals for the same project purpose. A
3320	copy of the notice must be mailed to each local government in
3321	the affected area.
3322	(b)  Public-private partnerships shall be qualified by the
3323	department as part of the procurement process as outlined in the
3324	procurement documents, provided such process ensures that the
3325	private firm meets at least the minimum department standards for
3326	qualification in department rule for professional engineering
3327	services and road and bridge contracting prior to submitting a
3328	proposal under the procurement.
3329	(c)  The department shall ensure that procurement documents
3330	include provisions for performance of the private entity and
3331	payment of subcontractors, including, but not limited to, surety
3332	bonds, letters of credit, parent company guarantees, and lender
3333	and equity partner guarantees. The department shall balance the
3334	structure of the security package for the public-private
3335	partnership that ensures performance and payment of
3336	subcontractors with the cost of the security to ensure the most
3337	efficient pricing.
3338	(d)  After the public notification period has expired, the
3339	department shall rank the proposals in order of preference. In
3340	ranking the proposals, the department may consider factors that
3341	include, including, but are not limited to, professional
3342	qualifications, general business terms, innovative engineering
3343	or cost-reduction terms, finance plans, and the need for state
3344	funds to deliver the project. If the department is not satisfied
3345	with the results of the negotiations, the department may, at its
3346	sole discretion, terminate negotiations with the proposer. If
3347	these negotiations are unsuccessful, the department may go to
3348	the second-ranked and lower-ranked firms, in order, using this
3349	same procedure. If only one proposal is received, the department
3350	may negotiate in good faith and, if the department is not
3351	satisfied with the results of the negotiations, the department
3352	may, at its sole discretion, terminate negotiations with the
3353	proposer. Notwithstanding this subsection, the department may,
3354	at its discretion, reject all proposals at any point in the
3355	process up to completion of a contract with the proposer.
3356	(e)  The department shall perform a cost-benefit, value-
3357	for-money analysis of the proposed public-private partnership
3358	that demonstrates the cost-effectiveness and overall public
3359	benefit at the following times:
3360	1.  Prior to moving forward with the procurement; and
3361	2.  If the procurement moves forward, prior to awarding the
3362	contract.
3363	(7)  The department may lend funds from the Toll Facilities
3364	Revolving Trust Fund, as outlined in s. 338.251, to private
3365	entities that construct projects on the State Highway System
3366	containing toll facilities that are approved under this section.
3367	To be eligible, a private entity must comply with s. 338.251 and
3368	must provide an indication from a nationally recognized rating
3369	agency that the senior bonds for the project will be investment
3370	grade, or must provide credit support such as a letter of credit
3371	or other means acceptable to the department, to ensure that the
3372	loans will be fully repaid. The state's liability for the
3373	funding of a facility is limited to the amount approved for that
3374	specific facility in the department's 5-year work program
3375	adopted pursuant to s. 339.135.
3376	(8)  The department may use innovative finance techniques
3377	associated with a public-private partnership under this section,
3378	including, but not limited to, federal loans as provided in
3379	Title 23 and Title 49 of the Code of Federal Regulations,
3380	commercial bank loans, and hedges against inflation from
3381	commercial banks or other private sources.
3382	(9)  The department may enter into public-private
3383	partnership agreements that include extended terms providing
3384	annual payments for performance based on the availability of
3385	service or the facility being open to traffic or based on the
3386	level of traffic using the facility. In addition to other
3387	provisions in this section, the following provisions shall
3388	apply:
3389	(a)  The annual payments under such agreement shall be
3390	included in the department's tentative work program developed
3391	under s. 339.135 and the long-range transportation plan for the
3392	applicable metropolitan planning organization developed under s.
3393	339.175. The department shall ensure that annual payments on
3394	multiyear public-private partnership agreements are prioritized
3395	ahead of new capacity projects in the development and updating
3396	of the tentative work program.
3397	(b)  The annual payments are subject to annual
3398	appropriation by the Legislature as provided in the General
3399	Appropriations Act in support of the first year of the tentative
3400	work program.
3401	(10)  Prior to entering such agreement where funds are
3402	committed from the State Transportation Trust Fund, the project
3403	must be prioritized as follows:
3404	(a)  The department, in coordination with the local
3405	metropolitan planning organization, shall prioritize projects
3406	included in the Strategic Intermodal System 10-year and long-
3407	range cost feasible plans.
3408	(b)  The department, in coordination with the local
3409	metropolitan planning organization or local government where
3410	there is no metropolitan planning organization, shall prioritize
3411	projects, for facilities not on the Strategic Intermodal System,
3412	included in the metropolitan planning organization cost feasible
3413	transportation improvement plan and long-range transportation
3414	plan.
3415	(11)  Public-private partnership agreements under this
3416	section shall be limited to a term not exceeding 50 years. Upon
3417	making written findings that an agreement under this section
3418	requires a term in excess of 50 years, the secretary of the
3419	department may authorize a term of up to 75 years. Agreements
3420	under this section shall not have a term in excess of 75 years
3421	unless specifically approved by the Legislature. The department
3422	shall identify each new project under this section with a term
3423	exceeding 75 years in the transmittal letter that accompanies
3424	the submittal of the tentative work program to the Governor and
3425	the Legislature in accordance with s. 339.135.
3426	(12)  The department shall ensure that no more than 25
3427	percent of total federal and state funding in any given year for
3428	the State Transportation Trust Fund shall be obligated
3429	collectively for all projects under this section.
3430	(13)  Notwithstanding s. 338.165, any revenues returned to
3431	the department pursuant to a public-private partnership
3432	agreement under this section shall be used for capacity projects
3433	as follows:
3434	(a)  If the revenue-producing project is on the State
3435	Highway System, notwithstanding s. 339.135(4)(a), any revenues
3436	returned to the department pursuant to a public-private
3437	partnership agreement shall be used for capacity improvements of
3438	the State Highway System or up to 50 percent of the project cost
3439	on public transit capital improvements authorized under Title 49
3440	of the United States Code and specified in s. 341.051.
3441	(b)  If the revenue-producing project is on the county road
3442	system, any revenues returned to the department pursuant to a
3443	public-private partnership agreement shall be used for capacity
3444	improvements of state or county roads or transit facilities
3445	within the county or counties in which the revenue-producing
3446	project is located.
3447	(8)  A fixed-guideway transportation system authorized by
3448	the department to be wholly or partially within the department's
3449	right-of-way pursuant to a lease granted under s. 337.251 may
3450	operate at any safe speed.
3451	Section 50.  Section 338.165, Florida Statutes, is amended
3452	to read:
3453	338.165  Continuation of tolls.--
3454	(1)  The department, any transportation or expressway
3455	authority or, in the absence of an authority, a county or
3456	counties may continue to collect the toll on a revenue-producing
3457	project after the discharge of any bond indebtedness related to
3458	such project and may increase such toll. All tolls so collected
3459	shall first be used to pay the annual cost of the operation,
3460	maintenance, and improvement of the toll project.
3461	(2)  If the revenue-producing project is on the State
3462	Highway System, any remaining toll revenue shall be used for the
3463	construction, maintenance, or improvement of any road on the
3464	State Highway System within the county or counties in which the
3465	revenue-producing project is located, except as provided in s.
3466	348.0004.
3467	(3)  Notwithstanding any other provision of law, the
3468	department or any transportation or expressway authority shall,
3469	at a minimum, index toll rates on existing toll facilities to
3470	the annual Consumer Price Index or similar inflation indicators.
3471	Toll rate adjustments for inflation under this subsection may be
3472	made no more frequently than once a year and must be made no
3473	less frequently than once every 5 years as necessary to
3474	accommodate cash toll rate schedules. Toll rates may be
3475	increased beyond these limits as directed by bond documents,
3476	covenants, or governing body authorization or pursuant to
3477	department administrative rule.
3478	(4)(3)  Notwithstanding any other law to the contrary,
3479	pursuant to s. 11, Art. VII of the State Constitution, and
3480	subject to the requirements of subsection (2), the Department of
3481	Transportation may request the Division of Bond Finance to issue
3482	bonds secured by toll revenues collected on the Alligator Alley,
3483	the Sunshine Skyway Bridge, the Beeline-East Expressway, the
3484	Navarre Bridge, and the Pinellas Bayway to fund transportation
3485	projects located within the county or counties in which the
3486	project is located and contained in the adopted work program of
3487	the department.
3488	(5)(4)  If the revenue-producing project is on the county
3489	road system, any remaining toll revenue shall be used for the
3490	construction, maintenance, or improvement of any other state or
3491	county road within the county or counties in which the revenue-
3492	producing project is located, except as provided in s. 348.0004.
3493	(6)(5)  Selection of projects on the State Highway System
3494	for construction, maintenance, or improvement with toll revenues
3495	shall be, with the concurrence of the department, consistent
3496	with the Florida Transportation Plan.
3497	(7)(6)  Notwithstanding the provisions of subsection (1),
3498	and not including high occupancy toll lanes or express lanes, no
3499	tolls may be charged for use of an interstate highway where
3500	tolls were not charged as of July 1, 1997.
3501	(8)(7)  With the exception of subsection (3), this section
3502	does not apply to the turnpike system as defined under the
3503	Florida Turnpike Enterprise Law.
3504	Section 51.  (1)  FLORIDA EXPRESSWAY AUTHORITY ACT
3505	REPEALED.--Part I of chapter 348, Florida Statutes, consisting
3506	of sections 348.0001, 348.0002, 348.0003, 348.0004, 348.0005,
3507	348.0006, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011, and
3508	348.0012, is repealed.
3509	(2)  EXPRESSWAY AUTHORITIES ABOLISHED.--Any expressway
3510	authority created under part I of chapter 348, Florida Statutes,
3511	is abolished.
3512	(3)  EXPRESSWAY AUTHORITIES; TRANSFERS AND OPERATIONS.--
3513	(a)  All powers, duties, functions, records, personnel,
3514	property, and unexpended balances of allocations, trust funds,
3515	and other funds of an expressway authority abolished by this
3516	section are transferred to the Department of Transportation.
3517	(b)  All legal authorities and actions of such expressway
3518	authority, including, but not limited to, all pending and
3519	completed action orders and rules, all enforcement matters, all
3520	delegations, all interagency agreements, and all contracts with
3521	federal, state, local, and regional governments and private
3522	entities are transferred to the Department of Transportation.
3523	(4)  DISTRIBUTION OF TOLLS COLLECTED.--Notwithstanding s.
3524	339.135(4)(a)1., Florida Statutes, 100 percent of future toll
3525	revenues received from the corridors previously owned and
3526	operated by an expressway authority abolished by this section,
3527	less any operations and maintenance costs as determined by the
3528	Department of Transportation, shall be distributed to the county
3529	in which the toll was collected specifically for use on the
3530	corridor from which it was collected.
3531	Section 52.  Subsection (27) is added to section 479.01,
3532	Florida Statutes, to read:
3533	479.01  Definitions.--As used in this chapter, the term:
3534	(27)  "Wall mural" means a sign that is a painting or an
3535	artistic work composed of photographs or arrangements of color
3536	and that displays a commercial or noncommercial message, relies
3537	solely on the side of the building for rigid structural support,
3538	and is painted on the building or depicted on vinyl, fabric, or
3539	other similarly flexible material that is held in place flush or
3540	flat against the surface of the building. The term excludes a
3541	painting or work placed on a structure that is erected for the
3542	sole or primary purpose of signage.
3543	Section 53.  Section 479.156, Florida Statutes, is created
3544	to read:
3545	479.156  Wall murals.--Notwithstanding any other provision
3546	of this chapter, a municipality or county may permit and
3547	regulate wall murals within areas designated by such government.
3548	If a municipality or county permits wall murals, a wall mural
3549	that displays a commercial message and is within 660 feet of the
3550	nearest edge of the right-of-way within an area adjacent to the
3551	interstate highway system or the federal-aid primary highway
3552	system must be located in an area that is zoned for industrial
3553	or commercial use, and the municipality or county shall
3554	establish and enforce regulations for such areas that, at a
3555	minimum, set forth criteria governing the size, lighting, and
3556	spacing of wall murals consistent with the intent of the Highway
3557	Beautification Act of 1965 and with customary use. A wall mural
3558	that is subject to municipal or county regulation and the
3559	Highway Beautification Act of 1965 must be approved by the
3560	Department of Transportation and the Federal Highway
3561	Administration and may not violate the agreement between the
3562	state and the United States Department of Transportation or
3563	violate federal regulations enforced by the Department of
3564	Transportation under s. 479.02(1). The existence of a wall mural
3565	as defined in s. 479.01(27) shall not be considered in
3566	determining whether a sign as defined under s. 479.01(17),
3567	either existing or new, is in compliance with s. 479.07(9)(a).
3568	Section 54.  Section 2 of chapter 89-383, Laws of Florida,
3569	is amended to read:
3570	Section 2.  Red Road is hereby designated as a state
3571	historic highway. No public funds shall be expended for:
3572	(1)  The removal of any healthy tree which is not a safety
3573	hazard.
3574	(2)  Any alteration of the physical dimensions or location
3575	of Red Road, the median strip thereof, the land adjacent
3576	thereto, or any part of the original composition of the
3577	entranceway, including the towers, the walls, and the lampposts.
3578	(3)  Any construction on or along Red Road of any new
3579	structure, or any building, clearing, filling, or excavating on
3580	or along Red Road except for routine maintenance or alterations,
3581	modifications, or improvements to it and the adjacent right-of-
3582	way made for the purpose of enhancing life safety for vehicular
3583	or pedestrian use of Red Road if the number of traffic lanes is
3584	not altered work which is essential to the health, safety, or
3585	welfare of the environment.
3586	Section 55.  Department of Transportation study of
3587	transportation facilities providing access to Indian
3588	reservations; report and recommendations authorized.--
3589	(1)  The Department of Transportation is directed to
3590	conduct a study of the impacts that legalized gambling and other
3591	activities on Indian reservation lands are having on public
3592	roads and other transportation facilities, regarding traffic
3593	congestion and other mobility issues, facility maintenance and
3594	repair costs, emergency evacuation readiness, costs of potential
3595	future widening or other improvements, and other impacts on the
3596	motoring, nongaming public.
3597	(2)  The study shall include, but is not limited to, the
3598	following information:
3599	(a)  A listing, description, and functional classification
3600	of the access roads to and from each Indian reservation in the
3601	state.
3602	(b)  An identification of these access roads that either
3603	are scheduled for improvements within the department's 5-year
3604	Work Program, or are listed on the department's or a
3605	metropolitan planning organization's 20-year, long-range
3606	transportation plan.
3607	(c)  The most recent traffic counts on the access roads and
3608	projected future usage, as well as any projections of impacts on
3609	secondary, feeder, or connector roads, interstate highway exit
3610	and entrance ramps, or other area transportation facilities.
3611	(d)  The safety and maintenance ratings of each access road
3612	and a detailed review of impacts on local and state emergency
3613	management agencies to provide emergency or evacuation services.
3614	(e)  The estimated infrastructure costs to maintain,
3615	improve, or widen these access roads based on future projected
3616	needs.
3617	(f)  The feasibility of implementing tolls on these access
3618	roads or, if already tolled, raising the toll to offset and
3619	mitigate the impacts of traffic generated by Indian reservation
3620	gaming activities on nontribal communities in the state and to
3621	finance projected future improvements to the access roads.
3622	(3)  The department shall present its findings and
3623	recommendations in a report to be submitted to the Governor, the
3624	President of the Senate, and the Speaker of the House of
3625	Representatives by January 15, 2008. The report may include
3626	department recommendations for proposed legislation.
3627	Section 56.  Section 163.3182, Florida Statutes, is created
3628	to read:
3629	163.3182  Transportation concurrency backlogs.--
3630	(1)  DEFINITIONS.--For purposes of this section, the term:
3631	(a)  "Transportation construction backlog area" means the
3632	geographic area within the unincorporated portion of a county or
3633	within the municipal boundary of a municipality designated in a
3634	local government comprehensive plan for which a transportation
3635	concurrency backlog authority is created pursuant to this
3636	section.
3637	(b)  "Authority" or "transportation concurrency backlog
3638	authority" means the governing body of a county or municipality
3639	within which an authority is created.
3640	(c)  "Governing body" means the council, commission, or
3641	other legislative body charged with governing the county or
3642	municipality within which a transportation concurrency backlog
3643	authority is created pursuant to this section.
3644	(d)  "Transportation concurrency backlog" means an
3645	identified deficiency where the existing extent of traffic
3646	volume exceeds the level of service standard adopted in a local
3647	government comprehensive plan for a transportation facility.
3648	(e)  "Transportation concurrency backlog plan" means the
3649	plan adopted as part of a local government comprehensive plan by
3650	the governing body of a county or municipality acting as a
3651	transportation concurrency backlog authority.
3652	(f)  "Transportation concurrency backlog project" means any
3653	designated transportation project identified for construction
3654	within the jurisdiction of a transportation construction backlog
3655	authority.
3656	(g)  "Debt service millage" means any millage levied
3657	pursuant to s. 12, Art. VII of the State Constitution.
3658	(h)  "Increment revenue" means the amount calculated
3659	pursuant to subsection (5).
3660	(i)  "Taxing authority" means a public body that levies or
3661	is authorized to levy an ad valorem tax on real property located
3662	within a transportation concurrency backlog area.
3663	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
3664	AUTHORITIES.--
3665	(a)  A county or municipality may create a transportation
3666	concurrency backlog authority if it has an identified
3667	transportation concurrency backlog.
3668	(b)  Acting as the transportation concurrency backlog
3669	authority within its jurisdictional boundary, the governing body
3670	of a county or municipality shall adopt and implement a plan to
3671	eliminate all identified transportation concurrency backlogs
3672	within its jurisdiction using funds provided pursuant to
3673	subsection (5) and as otherwise provided pursuant to this
3674	section.
3675	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
3676	AUTHORITY.--Each transportation concurrency backlog authority
3677	has the powers necessary or convenient to carry out the purposes
3678	of this section, including the following powers in addition to
3679	others granted in this section:
3680	(a)  To make and execute contracts and other instruments
3681	necessary or convenient to the exercise of its powers under this
3682	section.
3683	(b)  To undertake and carry out transportation concurrency
3684	backlog projects for all transportation facilities that have a
3685	concurrency backlog within the authority's jurisdiction.
3686	Concurrency backlog projects may include transportation
3687	facilities that provide for alternative modes of travel
3688	including sidewalks, bikeways, and mass transit which are
3689	related to a backlogged transportation facility.
3690	(c)  To invest any transportation concurrency backlog funds
3691	held in reserve, sinking funds, or any such funds not required
3692	for immediate disbursement in property or securities in which
3693	savings banks may legally invest funds subject to the control of
3694	the authority and to redeem such bonds as have been issued
3695	pursuant to this section at the redemption price established
3696	therein, or to purchase such bonds at less than redemption
3697	price. All such bonds redeemed or purchased shall be canceled.
3698	(d)  To borrow money, apply for and accept advances, loans,
3699	grants, contributions, and any other forms of financial
3700	assistance from the Federal Government or the state, county, or
3701	any other public body or from any sources, public or private,
3702	for the purposes of this part, to give such security as may be
3703	required, to enter into and carry out contracts or agreements,
3704	and to include in any contracts for financial assistance with
3705	the Federal Government for or with respect to a transportation
3706	concurrency backlog project and related activities such
3707	conditions imposed pursuant to federal laws as the
3708	transportation concurrency backlog authority considers
3709	reasonable and appropriate and which are not inconsistent with
3710	the purposes of this section.
3711	(e)  To make or have made all surveys and plans necessary
3712	to the carrying out of the purposes of this section, to contract
3713	with any persons, public or private, in making and carrying out
3714	such plans, and to adopt, approve, modify, or amend such
3715	transportation concurrency backlog plans.
3716	(f)  To appropriate such funds and make such expenditures
3717	as are necessary to carry out the purposes of this section, and
3718	to enter into agreements with other public bodies, which
3719	agreements may extend over any period notwithstanding any
3720	provision or rule of law to the contrary.
3721	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
3722	(a)  Each transportation concurrency backlog authority
3723	shall adopt a transportation concurrency backlog plan as a part
3724	of the local government comprehensive plan within 6 months after
3725	the creation of the authority. The plan shall:
3726	1.  Identify all transportation facilities that have been
3727	designated as deficient and require the expenditure of moneys to
3728	upgrade, modify, or mitigate the deficiency.
3729	2.  Include a priority listing of all transportation
3730	facilities that have been designated as deficient and do not
3731	satisfy concurrency requirements pursuant to s. 163.3180, and
3732	the applicable local government comprehensive plan.
3733	3.  Establish a schedule for financing and construction of
3734	transportation concurrency backlog projects that will eliminate
3735	transportation concurrency backlogs within the jurisdiction of
3736	the authority within 10 years after the transportation
3737	concurrency backlog plan adoption. The schedule shall be adopted
3738	as part of the local government comprehensive plan.
3739	(b)  The adoption of the transportation concurrency backlog
3740	plan shall be exempt from the provisions of s. 163.3187(1).
3741	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
3742	concurrency backlog authority shall establish a local
3743	transportation concurrency backlog trust fund upon creation of
3744	the authority. Each local trust fund shall be administered by
3745	the transportation concurrency backlog authority within which a
3746	transportation concurrency backlog has been identified.
3747	Beginning in the first fiscal year after the creation of the
3748	authority, each local trust fund shall be funded by the proceeds
3749	of an ad valorem tax increment collected within each
3750	transportation concurrency backlog area to be determined
3751	annually and shall be a minimum of an amount equal to 25 percent
3752	of the difference between:
3753	(a)  The amount of ad valorem tax levied each year by each
3754	taxing authority, exclusive of any amount from any debt service
3755	millage, on taxable real property contained within the
3756	jurisdiction of the transportation concurrency backlog authority
3757	and within the transportation backlog area; and
3758	(b)  The amount of ad valorem taxes which would have been
3759	produced by a rate upon which the tax is levied each year by or
3760	for each taxing authority exclusive of any debt service millage
3761	upon the total of the assessed value of the taxable real
3762	property within the transportation concurrency backlog area as
3763	shown on the most recent assessment roll used in connection with
3764	the taxation of such property by each taxing authority.
3765	(6)  EXEMPTIONS.--
3766	(a)  The following public bodies or taxing authorities are
3767	exempt from the provision of this section:
3768	1.  A special district that levies ad valorem taxes on
3769	taxable real property in more than one county.
3770	2.  A special district for which the sole available source
3771	of revenue is the authority to levy ad valorem taxes at the time
3772	an ordinance is adopted under this section. However, revenues or
3773	aid that may be dispensed or appropriated to a district as
3774	defined in s. 388.011 at the discretion of an entity other than
3775	such district shall not be deemed available.
3776	3.  A library district.
3777	4.  A neighborhood improvement district created under the
3778	Safe Neighborhoods Act.
3779	5.  A metropolitan transportation authority.
3780	6.  A water management district created under s. 373.069.
3781	(b)  A transportation concurrency exemption authority may
3782	also exempt from this section a special district that levies ad
3783	valorem taxes within the transportation concurrency backlog area
3784	pursuant to s. 163.387(2)(d).
3785	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
3786	adoption of a transportation concurrency backlog plan as a part
3787	of the local government comprehensive plan, and the plan going
3788	into effect, the area subject to the plan shall be deemed to
3789	have achieved and maintained transportation level of service
3790	standards, and to have met requirements for financial
3791	feasibility for transportation facilities, and for the purpose
3792	of proposed development transportation concurrency has been
3793	satisfied. Proportionate fair share mitigation shall be limited
3794	to ensure that a development inside a transportation concurrency
3795	backlog area is not responsible for the additional costs of
3796	eliminating backlogs.
3797	(8)  DISSOLUTION.--Upon completion of all transportation
3798	concurrency backlog projects, a transportation concurrency
3799	backlog authority shall be dissolved and its assets and
3800	liabilities shall be transferred to the county or municipality
3801	within which the authority is located. All remaining assets of
3802	the authority must be used for implementation of transportation
3803	projects within the jurisdiction of the authority. The local
3804	government comprehensive plan shall be amended to remove the
3805	transportation concurrency backlog plan.
3806	Section 57.  This act shall take effect July 1, 2007.

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