Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1554
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2015           .                                

       The Committee on Transportation (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 1714 and 1715
    4  insert:
    5         Section 37. Subsections (1) and (12) of s. 311.09, F.S.,
    6  are amended to read:
    7         311.09 Florida Seaport Transportation and Economic
    8  Development Council.—
    9         (1) The Florida Seaport Transportation and Economic
   10  Development Council is created within the Department of
   11  Transportation. The council consists of the following 16 17
   12  members: the port director, or the port director’s designee, of
   13  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
   14  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
   15  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
   16  West, and Fernandina; the secretary of the Department of
   17  Transportation or his or her designee; and the director of the
   18  Department of Economic Opportunity or his or her designee.
   19         (12) Until July 1, 2014, Citrus County may apply for a
   20  grant through the Florida Seaport Transportation and Economic
   21  Development Council to perform a feasibility study regarding the
   22  establishment of a port in Citrus County. The council shall
   23  evaluate such application pursuant to subsections (5)-(8) and,
   24  if approved, the Department of Transportation shall include the
   25  feasibility study in its budget request pursuant to subsection
   26  (9). If the study determines that a port in Citrus County is not
   27  feasible, the membership of Port Citrus on the council shall
   28  terminate.
   29         Section 38. Subsection (90) of section 316.003, Florida
   30  Statutes, is amended, present subsections (91) through (93) of
   31  that section are redesignated as subsections (92) through (94),
   32  respectively, and a new subsection (91) is added to that
   33  section, to read:
   34         316.003 Definitions.—The following words and phrases, when
   35  used in this chapter, shall have the meanings respectively
   36  ascribed to them in this section, except where the context
   37  otherwise requires:
   38         (90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
   39  autonomous technology. The term “autonomous technology” means
   40  technology installed on a motor vehicle that has the capability
   41  to drive the vehicle on which the technology is installed
   42  without the active control or monitoring by a human operator.
   43  The term excludes a motor vehicle enabled with active safety
   44  systems or driver assistance systems, including, without
   45  limitation, a system to provide electronic blind spot
   46  assistance, crash avoidance, emergency braking, parking
   47  assistance, adaptive cruise control, lane keep assistance, lane
   48  departure warning, or traffic jam and queuing assistant, unless
   49  any such system alone or in combination with other systems
   50  enables the vehicle on which the technology is installed to
   51  drive without the active control or monitoring by a human
   52  operator.
   53         (91) AUTONOMOUS TECHNOLOGY.—Technology installed on a motor
   54  vehicle that has the capability to drive the vehicle on which
   55  the technology is installed without the active control or
   56  monitoring by a human operator.
   57         (95) DRIVER-ASSISTIVE TRUCK PLATOONING.—Vehicle automation
   58  technology that integrates sensor array, wireless
   59  communications, vehicle controls, and specialized software to
   60  synchronize acceleration and braking between no more than two
   61  truck tractor-semitrailer combinations, while leaving each
   62  vehicle’s steering control and systems command in control of the
   63  vehicle’s driver.
   64         Section 39. Subsection (2) of section 316.0895, Florida
   65  Statutes, is amended to read:
   66         316.0895 Following too closely.—
   67         (2) It is unlawful for the driver of any motor truck, motor
   68  truck drawing another vehicle, or vehicle towing another vehicle
   69  or trailer, when traveling upon a roadway outside of a business
   70  or residence district, to follow within 300 feet of another
   71  motor truck, motor truck drawing another vehicle, or vehicle
   72  towing another vehicle or trailer. The provisions of this
   73  subsection shall not be construed to prevent overtaking and
   74  passing nor shall the same apply upon any lane specially
   75  designated for use by motor trucks or other slow-moving
   76  vehicles. This subsection shall not apply to two track tractor
   77  semi-trailer combinations equipped and connected with driver
   78  assistive truck platooning technology, as defined in s. 316.003,
   79  and operating on a multilane limited access facility, if the
   80  owner or operator complies with the financial responsibility
   81  requirement of s. 316.86.
   82         Section 40. Subsections (1) and (3) of section 316.303,
   83  Florida Statutes, are amended to read:
   84         316.303 Television receivers.—
   85         (1) No motor vehicle operated on the highways of this state
   86  shall be equipped with television-type receiving equipment so
   87  located that the viewer or screen is visible from the driver’s
   88  seat, unless the vehicle is equipped with autonomous technology,
   89  as defined in s. 316.003(91), and is being operated in
   90  autonomous mode, as provided in s. 316.85(2).
   91         (3) This section does not prohibit the use of an electronic
   92  display used in conjunction with a vehicle navigation system or
   93  an electronic display used by an operator of a vehicle equipped
   94  with autonomous technology, as defined in s. 316.003(91), while
   95  the vehicle is being operated in autonomous mode, as provided in
   96  s. 316.85(2).
   97         Section 41. Subsection (14) of section 316.515, Florida
   98  Statutes, is amended to read:
   99         316.515 Maximum width, height, length.—
  100         (14) MANUFACTURED BUILDINGS.—The Department of
  101  Transportation may, in its discretion and upon application and
  102  good cause shown therefor that the same is not contrary to the
  103  public interest, issue a special permit for truck tractor
  104  semitrailer combinations where the total number of overwidth
  105  deliveries of manufactured buildings, as defined in s.
  106  553.36(13), may be reduced by permitting the use of multiple
  107  sections or single units on an overlength trailer of no more
  108  than 80 54 feet.
  109         Section 42. Subsections (5) and (6) of section 338.231,
  110  Florida Statutes, are amended to read:
  111         338.231 Turnpike tolls, fixing; pledge of tolls and other
  112  revenues.—The department shall at all times fix, adjust, charge,
  113  and collect such tolls and amounts for the use of the turnpike
  114  system as are required in order to provide a fund sufficient
  115  with other revenues of the turnpike system to pay the cost of
  116  maintaining, improving, repairing, and operating such turnpike
  117  system; to pay the principal of and interest on all bonds issued
  118  to finance or refinance any portion of the turnpike system as
  119  the same become due and payable; and to create reserves for all
  120  such purposes.
  121         (5) In each fiscal year while any of the bonds of the
  122  Broward County Expressway Authority series 1984 and series 1986
  123  A remain outstanding, the department is authorized to pledge
  124  revenues from the turnpike system to the payment of principal
  125  and interest of such series of bonds and the operation and
  126  maintenance expenses of the Sawgrass Expressway, to the extent
  127  gross toll revenues of the Sawgrass Expressway are insufficient
  128  to make such payments. The terms of an agreement relative to the
  129  pledge of turnpike system revenue will be negotiated with the
  130  parties of the 1984 and 1986 Broward County Expressway Authority
  131  lease-purchase agreements, and subject to the covenants of those
  132  agreements. The agreement must establish that the Sawgrass
  133  Expressway is subject to the planning, management, and operating
  134  control of the department limited only by the terms of the
  135  lease-purchase agreements. The department shall provide for the
  136  payment of operation and maintenance expenses of the Sawgrass
  137  Expressway until such agreement is in effect. This pledge of
  138  turnpike system revenues is subordinate to the debt service
  139  requirements of any future issue of turnpike bonds, the payment
  140  of turnpike system operation and maintenance expenses, and
  141  subject to any subsequent resolution or trust indenture relating
  142  to the issuance of such turnpike bonds.
  143         (5)(6) The use and disposition of revenues pledged to bonds
  144  are subject to ss. 338.22-338.241 and such regulations as the
  145  resolution authorizing the issuance of the bonds or such trust
  146  agreement may provide.
  147         Section 43.  Paragraph (c) of subsection (7) of section
  148  339.175, Florida Statutes, is amended to read:
  149         339.175 Metropolitan planning organization.—
  150         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  151  develop a long-range transportation plan that addresses at least
  152  a 20-year planning horizon. The plan must include both long
  153  range and short-range strategies and must comply with all other
  154  state and federal requirements. The prevailing principles to be
  155  considered in the long-range transportation plan are: preserving
  156  the existing transportation infrastructure; enhancing Florida’s
  157  economic competitiveness; and improving travel choices to ensure
  158  mobility. The long-range transportation plan must be consistent,
  159  to the maximum extent feasible, with future land use elements
  160  and the goals, objectives, and policies of the approved local
  161  government comprehensive plans of the units of local government
  162  located within the jurisdiction of the M.P.O. Each M.P.O. is
  163  encouraged to consider strategies that integrate transportation
  164  and land use planning to provide for sustainable development and
  165  reduce greenhouse gas emissions. The approved long-range
  166  transportation plan must be considered by local governments in
  167  the development of the transportation elements in local
  168  government comprehensive plans and any amendments thereto. The
  169  long-range transportation plan must, at a minimum:
  170         (c) Assess capital investment and other measures necessary
  171  to:
  172         1. Ensure the preservation of the existing metropolitan
  173  transportation system including requirements for the operation,
  174  resurfacing, restoration, and rehabilitation of major roadways
  175  and requirements for the operation, maintenance, modernization,
  176  and rehabilitation of public transportation facilities; and
  177         2. Make the most efficient use of existing transportation
  178  facilities to relieve vehicular congestion, improve safety, and
  179  maximize the mobility of people and goods. Such efforts shall
  180  include, but not be limited to, consideration of infrastructure
  181  and technological improvements necessary to accommodate advances
  182  in vehicle technology, such as autonomous vehicle technology and
  183  other developments.
  185         In the development of its long-range transportation plan,
  186  each M.P.O. must provide the public, affected public agencies,
  187  representatives of transportation agency employees, freight
  188  shippers, providers of freight transportation services, private
  189  providers of transportation, representatives of users of public
  190  transit, and other interested parties with a reasonable
  191  opportunity to comment on the long-range transportation plan.
  192  The long-range transportation plan must be approved by the
  193  M.P.O.
  194         Section 44.  Paragraph (c) is added to subsection (3) of
  195  section 339.64, Florida Statutes, and paragraph (a) of
  196  subsection (4) of that section is amended, to read:
  197         339.64 Strategic Intermodal System Plan.—
  198         (3)
  199         (c) The department also shall coordinate with federal,
  200  regional, and local partners, as well as industry
  201  representatives, to consider infrastructure and technological
  202  improvements necessary to accommodate advances in vehicle
  203  technology, such as autonomous vehicle technology and other
  204  developments, in Strategic Intermodal System facilities.
  205         (4) The Strategic Intermodal System Plan shall include the
  206  following:
  207         (a) A needs assessment. Such assessment shall include, but
  208  not be limited to, consideration of infrastructure and
  209  technological improvements necessary to accommodate advances in
  210  vehicle technology, such as autonomous vehicle technology and
  211  other developments.
  212         Section 45. Section 341.0532, Florida Statutes, is
  213  repealed.
  214         Section 46. Section 341.1025, Florida Statutes, is created
  215  to read:
  216         341.1025 Public transit providers; transportation network
  217  company agreements for the provision of public transit service.
  218  A public transit provider may enter into agreements with a
  219  transportation network company under which the transportation
  220  network company provides paratransit or public transit service
  221  on behalf of the provider. As used in this section, the term
  222  “transportation network company” means an entity that uses a
  223  digital or software application to connect passengers to
  224  services provided by transportation network company drivers.
  225         Section 47.The Division of Law Revision and Information is
  226  directed to create chapter 345, Florida Statutes, consisting of
  227  ss. 345.0001-345.0014, Florida Statutes, to be entitled the
  228  “Northwest Florida Regional Transportation Finance Authority.”
  229         Section 48.  Section 345.0001, Florida Statutes, is created
  230  to read:
  231         345.0001 Short title.—This act may be cited as the
  232  “Northwest Florida Regional Transportation Finance Authority
  233  Act.”
  234         Section 49.  Section 345.0002, Florida Statutes, is created
  235  to read:
  236         345.0002 Definitions.—As used in this chapter, the term:
  237         (1)“Agency of the state” means the state and any
  238  department of, or any corporation, agency, or instrumentality
  239  created, designated, or established by, the state.
  240         (2)“Area served” means Escambia County. However, upon a
  241  contiguous county’s consent to inclusion within the area served
  242  by the authority and with the agreement of the authority, the
  243  term shall also include the geographical area of such county
  244  contiguous to Escambia County.
  245         (3)“Authority” means the Northwest Florida Regional
  246  Transportation Finance Authority, a body politic and corporate,
  247  and an agency of the state, established under this chapter.
  248         (4)“Bonds” means the notes, bonds, refunding bonds, or
  249  other evidences of indebtedness or obligations, in temporary or
  250  definitive form, which the authority may issue under this
  251  chapter.
  252         (5)“Department” means the Department of Transportation.
  253         (6)“Division” means the Division of Bond Finance of the
  254  State Board of Administration.
  255         (7)“Federal agency” means the United States, the President
  256  of the United States, and any department of, or any bureau,
  257  corporation, agency, or instrumentality created, designated, or
  258  established by, the United States Government.
  259         (8)“Members” means the governing body of the authority,
  260  and the term “member” means one of the individuals constituting
  261  such governing body.
  262         (9)“Regional system” or “system” means, generally, a
  263  modern system of roads, bridges, causeways, tunnels, and mass
  264  transit services within the area of the authority, with access
  265  limited or unlimited as the authority may determine, and the
  266  buildings and structures and appurtenances and facilities
  267  related to the system, including all approaches, streets, roads,
  268  bridges, and avenues of access for the system.
  269         (10)“Revenues” means the tolls, revenues, rates, fees,
  270  charges, receipts, rentals, contributions, and other income
  271  derived from or in connection with the operation or ownership of
  272  a regional system, including the proceeds of any use and
  273  occupancy insurance on any portion of the system, but excluding
  274  state funds available to the authority and any other municipal
  275  or county funds available to the authority under an agreement
  276  with a municipality or county.
  277         Section 50.  Section 18. Section 345.0003, Florida
  278  Statutes, is created to read:
  279         345.0003 Regional transportation finance authority
  280  formation and membership.—
  281         (1) Escambia County, alone or together with any consenting
  282  contiguous county, may form a regional finance authority for the
  283  purposes of constructing, maintaining, and operating
  284  transportation projects in the northwest region of this state.
  285  The authority shall be governed in accordance with this chapter.
  286  The area served by the authority may not be expanded beyond
  287  Escambia County without the approval of the county commission of
  288  each contiguous county that will be a part of the authority.
  289         (2) The governing body of the authority shall consist of a
  290  board of voting members as follows:
  291         (a)The county commission of each county in the area served
  292  by the authority shall appoint two members. Each member must be
  293  a resident of the county from which he or she is appointed and,
  294  if possible, must represent the business and civic interests of
  295  the community.
  296         (b)The Governor shall appoint an equal number of members
  297  to the board as those appointed by the county commissions. The
  298  members appointed by the Governor must be residents of the area
  299  served by the authority.
  300         (c)The district secretary of the department serving in the
  301  district that includes Escambia County.
  302         (3) The term of office of each member shall be for 4 years
  303  or until his or her successor is appointed and qualified.
  304         (4) A member may not hold an elected office during the term
  305  of his or her membership.
  306         (5)A vacancy occurring in the governing body before the
  307  expiration of the member’s term shall be filled for the
  308  remainder of the unexpired term by the respective appointing
  309  authority in the same manner as the original appointment.
  310         (6)Before entering upon his or her official duties, each
  311  member must take and subscribe to an oath before an official
  312  authorized by law to administer oaths that he or she will
  313  honestly, faithfully, and impartially perform the duties of his
  314  or her office as a member of the governing body of the authority
  315  and that he or she will not neglect any duties imposed on him or
  316  her by this chapter.
  317         (7) The Governor may remove from office a member of the
  318  authority for misconduct, malfeasance, misfeasance, or
  319  nonfeasance in office.
  320         (8)Members of the authority shall designate a chair from
  321  among the membership.
  322         (9)Members of the authority shall serve without
  323  compensation, but are entitled to reimbursement for per diem and
  324  other expenses in accordance with s. 112.061 while in
  325  performance of their official duties.
  326         (10)A majority of the members of the authority shall
  327  constitute a quorum, and resolutions enacted or adopted by a
  328  vote of a majority of the members present and voting at any
  329  meeting are effective without publication, posting, or any
  330  further action of the authority.
  331         Section 51. Section 345.0004, Florida Statutes, is amended
  332  to read:
  333         345.0004 Powers and duties.—
  334         (1)The authority shall plan, develop, finance, construct,
  335  reconstruct, improve, own, operate, and maintain a regional
  336  system in the area served by the authority. The authority may
  337  not exercise these powers with respect to an existing system for
  338  transporting people and goods by any means that is owned by
  339  another entity without the consent of that entity. If the
  340  authority acquires, purchases, or inherits an existing entity,
  341  the authority shall inherit and assume all rights, assets,
  342  appropriations, privileges, and obligations of the existing
  343  entity.
  344         (2)The authority may exercise all powers necessary,
  345  appurtenant, convenient, or incidental to the carrying out of
  346  the purposes of this section, including, but not limited to, the
  347  following rights and powers:
  348         (a)To sue and be sued, implead and be impleaded, and
  349  complain and defend in all courts in its own name.
  350         (b)To adopt and use a corporate seal.
  351         (c)To have the power of eminent domain, including the
  352  procedural powers granted under chapters 73 and 74.
  353         (d)To acquire, purchase, hold, lease as a lessee, and use
  354  any property, real, personal, or mixed, tangible or intangible,
  355  or any interest therein, necessary or desirable for carrying out
  356  the purposes of the authority.
  357         (e)To sell, convey, exchange, lease, or otherwise dispose
  358  of any real or personal property acquired by the authority,
  359  including air rights, which the authority and the department
  360  have determined is not needed for the construction, operation,
  361  and maintenance of the system.
  362         (f)To fix, alter, charge, establish, and collect rates,
  363  fees, rentals, and other charges for the use of any system owned
  364  or operated by the authority, which rates, fees, rentals, and
  365  other charges must be sufficient to comply with any covenants
  366  made with the holders of any bonds issued under this act. This
  367  right and power may be assigned or delegated by the authority to
  368  the department.
  369         (g)To borrow money; to make and issue negotiable notes,
  370  bonds, refunding bonds, and other evidences of indebtedness or
  371  obligations, in temporary or definitive form, to finance all or
  372  part of the improvement of the authority’s system and
  373  appurtenant facilities, including the approaches, streets,
  374  roads, bridges, and avenues of access for the system and for any
  375  other purpose authorized by this chapter, the bonds to mature no
  376  more than 30 years after the date of the issuance; to secure the
  377  payment of such bonds or any part thereof by a pledge of its
  378  revenues, rates, fees, rentals, or other charges, including
  379  municipal or county funds received by the authority under an
  380  agreement between the authority and a municipality or county;
  381  and, in general, to provide for the security of the bonds and
  382  the rights and remedies of the holders of the bonds. However,
  383  municipal or county funds may not be pledged for the
  384  construction of a project for which a toll is to be charged
  385  unless the anticipated tolls are reasonably estimated by the
  386  governing board of the municipality or county, on the date of
  387  its resolution pledging the funds, to be sufficient to cover the
  388  principal and interest of such obligations during the period
  389  when the pledge of funds is in effect.
  390         1.The authority shall reimburse a municipality or county
  391  for sums spent from municipal or county funds used for the
  392  payment of the bond obligations.
  393         2.If the authority elects to fund or refund bonds issued
  394  by the authority before the maturity of the bonds, the proceeds
  395  of the funding or refunding bonds, pending the prior redemption
  396  of the bonds to be funded or refunded, shall be invested in
  397  direct obligations of the United States, and the outstanding
  398  bonds may be funded or refunded by the issuance of bonds under
  399  this chapter.
  400         (h)To make contracts of every name and nature, including,
  401  but not limited to, partnerships providing for participation in
  402  ownership and revenues, and to execute each instrument necessary
  403  or convenient for the conduct of its business.
  404         (i)Without limitation of the foregoing, to cooperate with,
  405  to accept grants from, and to enter into contracts or other
  406  transactions with any federal agency, the state, or any agency
  407  or any other public body of the state.
  408         (j)To employ an executive director, attorney, staff, and
  409  consultants. Upon the request of the authority, the department
  410  shall furnish the services of a department employee to act as
  411  the executive director of the authority.
  412         (k)To accept funds or other property from private
  413  donations.
  414         (l)To act and do things necessary or convenient for the
  415  conduct of its business and the general welfare of the
  416  authority, in order to carry out the powers granted to it by
  417  this act or any other law.
  418         (3)The authority may not pledge the credit or taxing power
  419  of the state or a political subdivision or agency of the state.
  420  Obligations of the authority may not be considered to be
  421  obligations of the state or of any other political subdivision
  422  or agency of the state. Except for the authority, the state or
  423  any political subdivision or agency of the state is not liable
  424  for the payment of the principal of or interest on such
  425  obligations.
  426         (4)The authority may not, other than by consent of the
  427  affected county or an affected municipality, enter into an
  428  agreement that would legally prohibit the construction of a road
  429  by the county or the municipality.
  430         (5)The authority shall comply with the statutory
  431  requirements of general application which relate to the filing
  432  of a report or documentation required by law, including the
  433  requirements of ss. 189.015, 189.016, 189.051, and 189.08.
  434         Section 52. Section 345.0005, Florida Statutes, is created
  435  to read:
  436         345.0005 Bonds.—
  437         (1)Bonds may be issued on behalf of the authority pursuant
  438  to the State Bond Act in such principal amount as the authority
  439  determines is necessary to achieve its corporate purposes,
  440  including construction, reconstruction, improvement, extension,
  441  and repair of the regional system; the acquisition cost of real
  442  property; interest on bonds during construction and for a
  443  reasonable period thereafter; and establishment of reserves to
  444  secure bonds.
  445         (2) Bonds issued on behalf of the authority under
  446  subsection (1) must:
  447         (a)Be authorized by resolution of the members of the
  448  authority and bear such date or dates; mature at such time or
  449  times not exceeding 30 years after their respective dates; bear
  450  interest at a rate or rates not exceeding the maximum rate fixed
  451  by general law for authorities; be in such denominations; be in
  452  such form, either coupon or fully registered; carry such
  453  registration, exchangeability, and interchangeability
  454  privileges; be payable in such medium of payment and at such
  455  place or places; be subject to such terms of redemption; and be
  456  entitled to such priorities of lien on the revenues and other
  457  available moneys as such resolution or any resolution after the
  458  bonds’ issuance provides.
  459         (b)Be sold at public sale in the manner provided in the
  460  State Bond Act. Temporary bonds or interim certificates may be
  461  issued to the purchaser or purchasers of such bonds pending the
  462  preparation of definitive bonds and may contain such terms and
  463  conditions as determined by the authority.
  464         (3)A resolution that authorizes bonds may specify
  465  provisions that must be part of the contract with the holders of
  466  the bonds as to:
  467         (a)The pledging of all or any part of the revenues,
  468  available municipal or county funds, or other charges or
  469  receipts of the authority derived from the regional system.
  470         (b)The construction, reconstruction, improvement,
  471  extension, repair, maintenance, and operation of the system, or
  472  any part or parts of the system, and the duties and obligations
  473  of the authority with reference thereto.
  474         (c)Limitations on the purposes to which the proceeds of
  475  the bonds, then or thereafter issued, or of any loan or grant by
  476  any federal agency or the state or any political subdivision of
  477  the state may be applied.
  478         (d)The fixing, charging, establishing, revising,
  479  increasing, reducing, and collecting of tolls, rates, fees,
  480  rentals, or other charges for use of the services and facilities
  481  of the system or any part of the system.
  482         (e)The setting aside of reserves or sinking funds and the
  483  regulation and disposition of such reserves or sinking funds.
  484         (f)Limitations on the issuance of additional bonds.
  485         (g)The terms of any deed of trust or indenture securing
  486  the bonds, or under which the bonds may be issued.
  487         (h)Any other or additional matters, of like or different
  488  character, which in any way affect the security or protection of
  489  the bonds.
  490         (4)The authority may enter into deeds of trust,
  491  indentures, or other agreements with banks or trust companies
  492  within or without the state, as security for such bonds, and
  493  may, under such agreements, assign and pledge any of the
  494  revenues and other available moneys, including any available
  495  municipal or county funds, under the terms of this chapter. The
  496  deed of trust, indenture, or other agreement may contain
  497  provisions that are customary in such instruments or that the
  498  authority may authorize, including, but without limitation,
  499  provisions that:
  500         (a)Pledge any part of the revenues or other moneys
  501  lawfully available.
  502         (b)Apply funds and safeguard funds on hand or on deposit.
  503         (c)Provide for the rights and remedies of the trustee and
  504  the holders of the bonds.
  505         (d)Provide for the terms of the bonds or for resolutions
  506  authorizing the issuance of the bonds.
  507         (e)Provide for any additional matters, of like or
  508  different character, which affect the security or protection of
  509  the bonds.
  510         (5)Bonds issued under this act are negotiable instruments
  511  and have the qualities and incidents of negotiable instruments
  512  under the law merchant and the negotiable instruments law of the
  513  state.
  514         (6) A resolution that authorizes the issuance of authority
  515  bonds and pledges the revenues of the system must require that
  516  revenues of the system be periodically deposited into
  517  appropriate accounts in sufficient sums to pay the costs of
  518  operation and maintenance of the system for the current fiscal
  519  year as set forth in the annual budget of the authority and to
  520  reimburse the department for any unreimbursed costs of operation
  521  and maintenance of the system from prior fiscal years before
  522  revenues of the system are deposited into accounts for the
  523  payment of interest or principal owing or that may become owing
  524  on such bonds.
  525         (7) State funds may not be used or pledged to pay the
  526  principal of or interest on any authority bonds, and all such
  527  bonds must contain a statement on their face to this effect.
  528         Section 52.  Section 345.0006, Florida Statutes, is created
  529  to read:
  530         345.0006 Remedies of bondholders.—
  531         (1)The rights and the remedies granted to authority
  532  bondholders under this chapter are in addition to and not in
  533  limitation of any rights and remedies lawfully granted to such
  534  bondholders by the resolution or indenture providing for the
  535  issuance of bonds, or by any deed of trust, indenture, or other
  536  agreement under which the bonds may be issued or secured. If the
  537  authority defaults in the payment of the principal or interest
  538  on the bonds issued under this chapter after such principal or
  539  interest becomes due, whether at maturity or upon call for
  540  redemption, as provided in the resolution or indenture, and such
  541  default continues for 30 days, or if the authority fails or
  542  refuses to comply with this chapter or any agreement made with,
  543  or for the benefit of, the holders of the bonds, the holders of
  544  25 percent in aggregate principal amount of the bonds then
  545  outstanding are entitled as of right to the appointment of a
  546  trustee to represent such bondholders for the purposes of the
  547  default if the holders of 25 percent in aggregate principal
  548  amount of the bonds then outstanding first give written notice
  549  to the authority and to the department of their intention to
  550  appoint a trustee.
  551         (2)The trustee and a trustee under a deed of trust,
  552  indenture, or other agreement may, or upon the written request
  553  of the holders of 25 percent or such other percentages specified
  554  in any deed of trust, indenture, or other agreement, in
  555  principal amount of the bonds then outstanding, shall, in any
  556  court of competent jurisdiction, in its own name:
  557         (a)By mandamus or other suit, action, or proceeding at
  558  law, or in equity, enforce all rights of the bondholders,
  559  including the right to require the authority to fix, establish,
  560  maintain, collect, and charge rates, fees, rentals, and other
  561  charges, adequate to carry out any agreement as to, or pledge
  562  of, the revenues, and to require the authority to carry out any
  563  other covenants and agreements with or for the benefit of the
  564  bondholders, and to perform its and their duties under this
  565  chapter.
  566         (b)Bring suit upon the bonds.
  567         (c)By action or suit in equity, require the authority to
  568  account as if it were the trustee of an express trust for the
  569  bondholders.
  570         (d)By action or suit in equity, enjoin any acts or things
  571  that may be unlawful or in violation of the rights of the
  572  bondholders.
  573         (3)A trustee, if appointed under this section or acting
  574  under a deed of trust, indenture, or other agreement, and
  575  regardless of whether all bonds have been declared due and
  576  payable, is entitled to the appointment of a receiver. The
  577  receiver may enter upon and take possession of the system or the
  578  facilities or any part or parts of the system, the revenues, and
  579  other pledged moneys, for and on behalf of and in the name of,
  580  the authority and the bondholders. The receiver may collect and
  581  receive revenues and other pledged moneys in the same manner as
  582  the authority. The receiver shall deposit such revenues and
  583  moneys in a separate account and apply all such revenues and
  584  moneys remaining after allowance for payment of all costs of
  585  operation and maintenance of the system in such manner as the
  586  court directs. In a suit, action, or proceeding by the trustee,
  587  the fees, counsel fees, and expenses of the trustee, and the
  588  receiver, if any, and all costs and disbursements allowed by the
  589  court must be a first charge on any revenues after payment of
  590  the costs of operation and maintenance of the system. The
  591  trustee also has all other powers necessary or appropriate for
  592  the exercise of any functions specifically described in this
  593  section or incident to the representation of the bondholders in
  594  the enforcement and protection of their rights.
  595         (4)A receiver appointed pursuant to this section to
  596  operate and maintain the system or a facility or a part of a
  597  facility may not sell, assign, mortgage, or otherwise dispose of
  598  any of the assets belonging to the authority. The powers of the
  599  receiver are limited to the operation and maintenance of the
  600  system or any facility or part of a facility and to the
  601  collection and application of revenues and other moneys due the
  602  authority, in the name and for and on behalf of the authority
  603  and the bondholders. A holder of bonds or a trustee does not
  604  have the right in any suit, action, or proceeding, at law or in
  605  equity, to compel a receiver, or a receiver may not be
  606  authorized or a court may not direct a receiver, to sell,
  607  assign, mortgage, or otherwise dispose of any assets of whatever
  608  kind or character belonging to the authority.
  609         Section 53. Section 345.0007, Florida Statutes, is created
  610  to read:
  611         345.0007 Department to construct, operate, and maintain
  612  facilities.—
  613         (1) The department is the agent of the authority for the
  614  purpose of performing all phases of a project, including, but
  615  not limited to, constructing improvements and extensions to the
  616  system, with the exception of the transit facilities. The
  617  division and the authority shall provide to the department
  618  complete copies of the documents, agreements, resolutions,
  619  contracts, and instruments that relate to the project and shall
  620  request that the department perform the construction work,
  621  including the planning, surveying, design, and actual
  622  construction of the completion of, extensions of, and
  623  improvements to the system. After the issuance of bonds to
  624  finance construction of an improvement or addition to the
  625  system, the division and the authority shall transfer to the
  626  credit of an account of the department in the State Treasury the
  627  necessary funds for construction. The department shall proceed
  628  with construction and use the funds for the purpose authorized
  629  by law for construction of roads and bridges. The authority may
  630  alternatively, with the consent and approval of the department,
  631  elect to appoint a local agency certified by the department to
  632  administer federal aid projects in accordance with federal law
  633  as the authority’s agent for the purpose of performing each
  634  phase of a project.
  635         (2) Notwithstanding subsection (1), the department is the
  636  agent of the authority for the purpose of operating and
  637  maintaining the system, with the exception of transit
  638  facilities. The costs incurred by the department for operation
  639  and maintenance shall be reimbursed from revenues of the system.
  640  The appointment of the department as agent for the authority
  641  does not create an independent obligation on the part of the
  642  department to operate and maintain a system. The authority shall
  643  remain obligated as principal to operate and maintain its
  644  system, and the authority’s bondholders do not have an
  645  independent right to compel the department to operate or
  646  maintain the authority’s system.
  647         (3)The authority shall fix, alter, charge, establish, and
  648  collect tolls, rates, fees, rentals, and other charges for the
  649  authority’s facilities, as otherwise provided in this chapter.
  650         Section 54.  Section 345.0008, Florida Statutes, is created
  651  to read:
  652         345.0008 Department contributions to authority projects.—
  653         (1)Subject to appropriation by the Legislature, the
  654  department may, at the request of the authority, pay all or part
  655  of the cost of financial, engineering, or traffic feasibility
  656  studies or of the design, financing, acquisition, or
  657  construction of an authority project or portion of the system
  658  that is included in the 10-year Strategic Intermodal Plan.
  659         (a)Pursuant to chapter 216, the department shall include
  660  funding for such payments in its legislative budget request. The
  661  request for funding may be included in the 5-year Tentative Work
  662  Program developed under s. 339.135; however, it must appear as a
  663  distinct funding item in the legislative budget request and must
  664  be supported by a financial feasibility test provided by the
  665  department.
  666         (b) Funding provided for authority projects shall appear in
  667  the General Appropriations Act as a distinct fixed capital
  668  outlay item and must clearly identify the related authority
  669  project.
  670         (c) The department may not make a budget request to fund
  671  the acquisition or construction of a proposed authority project
  672  unless the estimated net revenues of the proposed project will
  673  be sufficient to pay at least 50 percent of the annual debt
  674  service on the bonds associated with the project by the end of
  675  12 years of operation and at least 100 percent of the debt
  676  service on the bonds by the end of 30 years of operation.
  677         (2) The department may use its engineers and other
  678  personnel, including consulting engineers and traffic engineers,
  679  to conduct the feasibility studies authorized under subsection
  680  (1).
  681         (3) The department may participate in authority-funded
  682  projects that, at a minimum:
  683         (a) Serve national, statewide, or regional functions and
  684  function as part of an integrated regional transportation
  685  system.
  686         (b) Are identified in the capital improvements element of a
  687  comprehensive plan that has been determined to be in compliance
  688  with part II of chapter 163. Further, the project shall be in
  689  compliance with local government comprehensive plan policies
  690  relative to corridor management.
  691         (c) Are consistent with the Strategic Intermodal System
  692  Plan developed under s. 339.64.
  693         (d) Have a commitment for local, regional, or private
  694  financial matching funds as a percentage of the overall project
  695  cost.
  696         (4) Before approval, the department must determine that the
  697  proposed project:
  698         (a) Is in the public’s best interest;
  699         (b) Does not require state funding, unless the project is
  700  on the State Highway System;
  701         (c) Has adequate safeguards in place to ensure that no
  702  additional costs will be imposed on or service disruptions will
  703  affect the traveling public and residents of this state if the
  704  department cancels or defaults on the agreement; and
  705         (d) Has adequate safeguards in place to ensure that the
  706  department and the authority have the opportunity to add
  707  capacity to the proposed project and other transportation
  708  facilities serving similar origins and destinations.
  709         (5) An obligation or expense incurred by the department
  710  under this section is a part of the cost of the authority
  711  project for which the obligation or expense was incurred. The
  712  department may require that money contributed by the department
  713  under this section be repaid from tolls of the project on which
  714  the money was spent, other revenue of the authority, or other
  715  sources of funds.
  716         (6)The department shall receive from the authority a share
  717  of the authority’s net revenues equal to the ratio of the
  718  department’s total contributions to the authority under this
  719  section to the sum of: the department’s total contributions
  720  under this section; contributions by any local government to the
  721  cost of revenue-producing authority projects; and the sale
  722  proceeds of authority bonds after payment of costs of issuance.
  723  For the purpose of this subsection, the net revenues of the
  724  authority are determined by deducting from gross revenues the
  725  payment of debt service, administrative expenses, operations and
  726  maintenance expenses, and all reserves required to be
  727  established under any resolution under which authority bonds are
  728  issued.
  729         Section 55. Section 345.0009, Florida Statutes, is created
  730  to read:
  731         345.0009 Acquisition of lands and property.—
  732         (1)For the purposes of this chapter, the authority may
  733  acquire private or public property and property rights,
  734  including rights of access, air, view, and light, by gift,
  735  devise, purchase, condemnation by eminent domain proceedings, or
  736  transfer from another political subdivision of the state, as the
  737  authority may find necessary for any of the purposes of this
  738  chapter, including, but not limited to, any lands reasonably
  739  necessary for securing applicable permits, areas necessary for
  740  management of access, borrow pits, drainage ditches, water
  741  retention areas, rest areas, replacement access for landowners
  742  whose access is impaired due to the construction of a facility,
  743  and replacement rights-of-way for relocated rail and utility
  744  facilities; for existing, proposed, or anticipated
  745  transportation facilities on the system or in a transportation
  746  corridor designated by the authority; or for the purposes of
  747  screening, relocation, removal, or disposal of junkyards and
  748  scrap metal processing facilities. Each authority shall also
  749  have the power to condemn any material and property necessary
  750  for such purposes.
  751         (2)The authority shall exercise the right of eminent
  752  domain conferred under this section in the manner provided by
  753  law.
  754         (3)An authority that acquires property for a
  755  transportation facility or in a transportation corridor is not
  756  liable under chapter 376 or chapter 403 for preexisting soil or
  757  groundwater contamination due solely to its ownership. This
  758  section does not affect the rights or liabilities of any past or
  759  future owners of the acquired property or the liability of any
  760  governmental entity for the results of its actions which create
  761  or exacerbate a pollution source. The authority and the
  762  Department of Environmental Protection may enter into
  763  interagency agreements for the performance, funding, and
  764  reimbursement of the investigative and remedial acts necessary
  765  for property acquired by the authority.
  766         Section 56.  Section 345.001, Florida Statutes, is created
  767  to read:
  768         345.001 Cooperation with other units, boards, agencies, and
  769  individuals.—A county, municipality, drainage district, road and
  770  bridge district, school district, or any other political
  771  subdivision, board, commission, or individual in, or of, the
  772  state may make and enter into a contract, lease, conveyance,
  773  partnership, or other agreement with the authority which
  774  complies with this chapter. The authority may make and enter
  775  into contracts, leases, conveyances, partnerships, and other
  776  agreements with any political subdivision, agency, or
  777  instrumentality of the state and any federal agency,
  778  corporation, or individual to carry out the purposes of this
  779  chapter.
  780         Section 57. Section 345.0011, Florida Statutes, is created
  781  to read:
  782         345.0011 Covenant of the state.—The state pledges to, and
  783  agrees with, any person, firm, or corporation, or federal or
  784  state agency subscribing to or acquiring the bonds to be issued
  785  by the authority for the purposes of this chapter that the state
  786  will not limit or alter the rights vested by this chapter in the
  787  authority and the department until all bonds at any time issued,
  788  together with the interest thereon, are fully paid and
  789  discharged insofar as the rights vested in the authority and the
  790  department affect the rights of the holders of bonds issued
  791  under this chapter. The state further pledges to, and agrees
  792  with, the United States that if a federal agency constructs or
  793  contributes any funds for the completion, extension, or
  794  improvement of the system, or any parts of the system, the state
  795  will not alter or limit the rights and powers of the authority
  796  and the department in any manner that is inconsistent with the
  797  continued maintenance and operation of the system or the
  798  completion, extension, or improvement of the system, or that
  799  would be inconsistent with the due performance of any agreements
  800  between the authority and any such federal agency, and the
  801  authority and the department shall continue to have and may
  802  exercise all powers granted in this section, so long as the
  803  powers are necessary or desirable to carry out the purposes of
  804  this chapter and the purposes of the United States in the
  805  completion, extension, or improvement of the system, or any part
  806  of the system.
  807         Section 58. Section 345.0012, Florida Statutes, is created
  808  to read:
  809         345.0012 Exemption from taxation.—The authority created
  810  under this chapter is for the benefit of the people of the
  811  state, for the increase of their commerce and prosperity, and
  812  for the improvement of their health and living conditions. The
  813  authority performs essential governmental functions under this
  814  chapter, therefore, the authority is not required to pay any
  815  taxes or assessments of any kind or nature upon any property
  816  acquired or used by it for such purposes, or upon any rates,
  817  fees, rentals, receipts, income, or charges received by it.
  818  Also, the bonds issued by the authority, their transfer and the
  819  income from their issuance, including any profits made on the
  820  sale of the bonds, shall be free from taxation by the state or
  821  by any political subdivision, taxing agency, or instrumentality
  822  of the state. The exemption granted by this section does not
  823  apply to any tax imposed by chapter 220 on interest, income, or
  824  profits on debt obligations owned by corporations.
  825         Section 59. Section 345.0013, Florida Statutes, is created
  826  to read:
  827         345.0013 Eligibility for investments and security.—Bonds or
  828  other obligations issued under this chapter are legal
  829  investments for banks, savings banks, trustees, executors,
  830  administrators, and all other fiduciaries, and for all state,
  831  municipal, and other public funds, and are also securities
  832  eligible for deposit as security for all state, municipal, or
  833  other public funds, notwithstanding any other law to the
  834  contrary.
  835         Section 60. Section 345.0014, Florida Statutes, is created
  836  to read:
  837         345.0014 Applicability.—
  838         (1)The powers conferred by this chapter are in addition to
  839  the powers conferred by other laws and do not repeal any other
  840  general or special law or local ordinance, but supplement them,
  841  and provide a complete method for the exercise of the powers
  842  granted in this chapter. The extension and improvement of a
  843  system, and the issuance of bonds under this chapter to finance
  844  all or part of the cost of such extension or improvement, may be
  845  accomplished through compliance with this chapter without regard
  846  to or necessity for compliance with the limitations or
  847  restrictions contained in any other general, special, or local
  848  law, including, but not limited to, s. 215.821. Approval of any
  849  bonds issued under this act by the qualified electors or
  850  qualified electors who are freeholders in the state or in any
  851  political subdivision of the state is not required for the
  852  issuance of such bonds under this chapter.
  853         (2)This act does not repeal, rescind, or modify any other
  854  law relating to the State Board of Administration, the
  855  Department of Transportation, or the Division of Bond Finance of
  856  the State Board of Administration; however, this chapter
  857  supersedes any other law that is inconsistent with its
  858  provisions, including, but not limited to, s. 215.821.
  859         Section 61. (1) The Commission for the Transportation
  860  Disadvantaged, in cooperation with the Center for Urban
  861  Transportation Research, shall develop and implement a pilot
  862  program with at least one community transportation coordinator
  863  to assess the potential for increasing accessibility and cost
  864  effectiveness made possible through use of a transportation
  865  network company as a transportation operator. As used in this
  866  section, the term “transportation network company” means an
  867  entity that uses a digital or software application to connect
  868  passengers to services provided by transportation network
  869  company drivers.
  870         (2) The pilot program must allow for one or more
  871  transportation network companies to provide all or some
  872  nonsponsored paratransit services to eligible transportation
  873  disadvantaged persons for no less than 6 months. A participating
  874  transportation network company shall comply with all relevant
  875  standards for transportation operators as required under s.
  876  427.013(9), Florida Statutes.
  877         (3) Contingent upon legislative appropriation, the
  878  commission may expend up to $750,000 for the pilot program.
  879         (4) The commission shall present the findings of the pilot
  880  program in a report to the chairs of the appropriate Senate and
  881  House Committees by October 1, 2016.
  882         Section 62. (1)LEGISLATIVE FINDINGS AND INTENT.—The
  883  Legislature recognizes that the existing fuel tax structure used
  884  to derive revenues for the funding of transportation projects in
  885  this state will soon be inadequate to meet the state’s needs. To
  886  address this emerging need, the Legislature directs the Center
  887  for Urban Transportation Research to establish an extensive
  888  study on the impact of implementing a system that charges
  889  drivers based on the vehicle miles traveled as an alternative,
  890  sustainable source of transportation funding and to establish
  891  the framework for implementation of a pilot demonstration
  892  project. The Legislature recognizes that, over time, the current
  893  fuel tax structure has become less viable as the primary funding
  894  source for transportation projects. While the fuel tax has
  895  functioned as a true user fee for decades, significant increases
  896  in mandated vehicle fuel efficiency and the introduction of
  897  electric and hybrid vehicles have significantly eroded the
  898  revenues derived from this tax. The Legislature also recognizes
  899  that there are legitimate privacy concerns related to a tax
  900  mechanism that would charge users of the highway system on the
  901  basis of miles traveled. Other concerns include the cost of
  902  implementing such a system and institutional issues associated
  903  with revenue sharing. Therefore, it is the intent of the
  904  Legislature that this study and demonstration design will, at a
  905  minimum, address these issues. To accomplish this task, the
  906  Center for Urban Transportation Research in consultation with
  907  the Florida Transportation Commission shall establish a project
  908  advisory board to assist the center in analyzing this
  909  alternative funding concept and in developing specific elements
  910  of the pilot project that will demonstrate the feasibility of
  911  transitioning Florida to a transportation funding system based
  912  on vehicle miles traveled.
  913         (2)VEHICLE-MILES-TRAVELED STUDY.—The Center for Urban
  914  Transportation Research shall conduct a study on the viability
  915  of implementing a system in this state which charges drivers
  916  based on their vehicle miles traveled as an alternative to the
  917  present fuel tax structure to fund transportation projects. The
  918  study will inventory previous research and findings from pilot
  919  projects being conducted in other states. The study will address
  920  at a minimum previous work conducted in these broad areas:
  921  assessment of technologies; behavioral and privacy concerns;
  922  equity impacts; and policy implications of a vehicle miles
  923  traveled road charging system. The effort will also quantify the
  924  current costs to collect traditional highway user fees. This
  925  study will synthesize findings of completed research and
  926  demonstrations in the area of vehicle-miles-traveled charges and
  927  analyze their applicability to Florida. The Center for Urban
  928  Transportation Research shall present the findings of this study
  929  phase to the Legislature no later than January 30, 2016.
  931         (a)In the course of the study, the Center for Urban
  932  Transportation Research in consultation with the Florida
  933  Transportation Commission shall establish the framework for a
  934  pilot project that will evaluate the feasibility of implementing
  935  a system that charges drivers based on their vehicle miles
  936  traveled.
  937         (b)In the design of the pilot project framework, the
  938  Center for Urban Transportation Research shall address at a
  939  minimum these elements: the geographic location for the pilot;
  940  special fleets or classes of vehicles; evaluation criteria for
  941  the demonstration; consumer choice in the method of reporting
  942  miles traveled; privacy options for participants in the pilot
  943  project; the recording of miles traveled with and without
  944  locational information; records retention and destruction; and
  945  cyber security.
  946         (c) Contingent upon legislative appropriation, the Center
  947  for Urban Transportation Research may expend up to $400,000 for
  948  the study and pilot project design.
  949         (d) The pilot project design shall be completed no later
  950  than December 31, 2016, and submitted in a report to the
  951  Legislature so that implementation of a pilot project can occur
  952  in 2017.
  955  ================= T I T L E  A M E N D M E N T ================
  956  And the title is amended as follows:
  957         Delete line 195
  958  and insert: