Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1554
Ì336656EÎ336656
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/19/2015 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Transportation (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
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.
184
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.
930 (3) VEHICLE-MILES-TRAVELED PILOT PROJECT DESIGN.—
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.
953
954
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:
959
960