Florida Senate - 2019 CS for SB 898
By the Committee on Infrastructure and Security; and Senator
Diaz
596-02963-19 2019898c1
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; conforming provisions to changes made by the
4 act; amending s. 112.3144, F.S.; deleting an obsolete
5 provision; requiring members of certain authorities to
6 comply with certain financial disclosure requirements;
7 amending s. 212.055, F.S.; revising the required uses
8 of proceeds from charter county and regional
9 transportation system surtaxes; requiring certain
10 counties to use surtax proceeds for purposes related
11 to fixed guideway rapid transit systems, bus systems,
12 and development of dedicated facilities for autonomous
13 vehicles; authorizing the use of surtax proceeds for
14 the purchase of rights-of-way under certain
15 circumstances; authorizing the use of surtax proceeds
16 for refinancing existing or issuing new bonds;
17 authorizing a percentage of surtax proceeds to be
18 distributed to certain municipalities to be used for
19 certain purposes; prohibiting the use of such proceeds
20 for certain purposes; amending s. 215.68, F.S.;
21 conforming provisions to changes made by the act;
22 reviving, reenacting, and amending s. 319.141, F.S.;
23 requiring the Department of Highway Safety and Motor
24 Vehicles to oversee a program, rather than a pilot
25 program, to evaluate alternatives to certain rebuilt
26 inspection services; deleting obsolete provisions;
27 amending s. 334.175, F.S.; requiring the Department of
28 Transportation to approve design plans for all
29 transportation projects relating to department-owned
30 rights-of-way under certain circumstances; amending s.
31 337.025, F.S.; authorizing the department to establish
32 a program for transportation projects that demonstrate
33 certain innovative techniques for measuring resiliency
34 and structural integrity and controlling time and cost
35 increases; amending s. 338.165, F.S.; conforming
36 provisions to changes made by the act; amending s.
37 338.166, F.S.; limiting the toll rate for high
38 occupancy toll lanes or express lanes in certain
39 counties; amending s. 338.231, F.S.; requiring the
40 department to commit all net toll collections
41 attributable to users of turnpike facilities in
42 certain counties to projects and bond finance
43 commitments in each respective county; creating s.
44 338.271, F.S.; requiring the department to assume the
45 assets and liabilities of the former Miami-Dade County
46 Expressway Authority; requiring the department to
47 continue tolls on certain facilities until bond
48 obligations are fully discharged; prohibiting certain
49 toll increases on former authority facilities;
50 requiring specified fees to be deposited in a
51 specified trust fund to be used for specified
52 purposes; providing for the use of excess revenues;
53 prohibiting facilities of the former authority from
54 becoming facilities of the Florida Turnpike
55 Enterprise; providing that such facilities are not
56 subject to the Florida Turnpike Enterprise Law;
57 amending s. 343.1003, F.S.; revising a cross
58 reference; repealing part I of chapter 348, F.S.,
59 relating to the creation and operation of the Florida
60 Expressway Authority Act; transferring the assets and
61 liabilities of the Miami-Dade County Expressway
62 Authority to the department; providing terms of the
63 transfer; providing that the department succeeds to
64 all powers of the authority; providing that revenues
65 collected on the expressway system are department
66 revenues; requiring the department, in consultation
67 with the Division of Bond Finance, to review certain
68 documents of the authority; providing terms and
69 conditions of the transfer; providing requirements for
70 the use of cost savings and unencumbered cash
71 balances; requiring the department to display certain
72 signs; requiring an annual report to the Miami-Dade
73 County Board of County Commissioners and the Miami
74 Dade County Transportation Planning Organization;
75 creating ss. 348.635 and 348.7605, F.S.; providing a
76 legislative declaration; authorizing the Tampa
77 Hillsborough County Expressway Authority and the
78 Central Florida Expressway Authority, respectively, to
79 enter into public-private partnership agreements;
80 authorizing solicitation or receipt of certain
81 proposals; providing rulemaking authority; providing
82 approval requirements; requiring certain costs to be
83 borne by the private entity; providing notice
84 requirements for requests for proposals; providing for
85 ranking and negotiation of proposals; requiring the
86 authorities to regulate tolls on certain facilities;
87 requiring compliance with specified laws, rules, and
88 conditions; providing for development, construction,
89 operation, and maintenance of transportation projects
90 by the authorities or private entities; providing
91 construction; repealing part V of ch. 348, F.S.,
92 relating to the Osceola County Expressway Authority
93 Law; providing effective dates.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Paragraph (b) of subsection (2) of section
98 20.23, Florida Statutes, is amended to read:
99 20.23 Department of Transportation.—There is created a
100 Department of Transportation which shall be a decentralized
101 agency.
102 (2)
103 (b) The commission shall:
104 1. Recommend major transportation policies for the
105 Governor’s approval and assure that approved policies and any
106 revisions are properly executed.
107 2. Periodically review the status of the state
108 transportation system including highway, transit, rail, seaport,
109 intermodal development, and aviation components of the system
110 and recommend improvements to the Governor and the Legislature.
111 3. Perform an in-depth evaluation of the annual department
112 budget request, the Florida Transportation Plan, and the
113 tentative work program for compliance with all applicable laws
114 and established departmental policies. Except as specifically
115 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
116 not consider individual construction projects, but shall
117 consider methods of accomplishing the goals of the department in
118 the most effective, efficient, and businesslike manner.
119 4. Monitor the financial status of the department on a
120 regular basis to assure that the department is managing revenue
121 and bond proceeds responsibly and in accordance with law and
122 established policy.
123 5. Monitor on at least a quarterly basis, the efficiency,
124 productivity, and management of the department using performance
125 and production standards developed by the commission pursuant to
126 s. 334.045.
127 6. Perform an in-depth evaluation of the factors causing
128 disruption of project schedules in the adopted work program and
129 recommend to the Governor and the Legislature methods to
130 eliminate or reduce the disruptive effects of these factors.
131 7. Recommend to the Governor and the Legislature
132 improvements to the department’s organization in order to
133 streamline and optimize the efficiency of the department. In
134 reviewing the department’s organization, the commission shall
135 determine if the current district organizational structure is
136 responsive to this state’s changing economic and demographic
137 development patterns. The initial report by the commission must
138 be delivered to the Governor and the Legislature by December 15,
139 2000, and each year thereafter, as appropriate. The commission
140 may retain experts as necessary to carry out this subparagraph,
141 and the department shall pay the expenses of the experts.
142 8. Monitor the efficiency, productivity, and management of
143 the authorities created under chapters 348 and 349, including
144 any authority formed using part I of chapter 348; the Mid-Bay
145 Bridge Authority re-created pursuant to chapter 2000-411, Laws
146 of Florida; and any authority formed under chapter 343. The
147 commission shall also conduct periodic reviews of each
148 authority’s operations and budget, acquisition of property,
149 management of revenue and bond proceeds, and compliance with
150 applicable laws and generally accepted accounting principles.
151 Section 2. Subsection (1) of section 112.3144, Florida
152 Statutes, is amended to read:
153 112.3144 Full and public disclosure of financial
154 interests.—
155 (1)(a) An officer who is required by s. 8, Art. II of the
156 State Constitution to file a full and public disclosure of his
157 or her financial interests for any calendar or fiscal year shall
158 file that disclosure with the Florida Commission on Ethics.
159 Additionally, beginning January 1, 2015, an officer who is
160 required to complete annual ethics training pursuant to s.
161 112.3142 must certify on his or her full and public disclosure
162 of financial interests that he or she has completed the required
163 training.
164 (b) A member of an expressway authority, transportation
165 authority, bridge authority, or toll authority created pursuant
166 to chapter 343, chapter 348, or any other general law shall
167 comply with the applicable financial disclosure requirements of
168 s. 8, Art. II of the State Constitution.
169 Section 3. Paragraph (d) of subsection (1) of section
170 212.055, Florida Statutes, is amended to read:
171 212.055 Discretionary sales surtaxes; legislative intent;
172 authorization and use of proceeds.—It is the legislative intent
173 that any authorization for imposition of a discretionary sales
174 surtax shall be published in the Florida Statutes as a
175 subsection of this section, irrespective of the duration of the
176 levy. Each enactment shall specify the types of counties
177 authorized to levy; the rate or rates which may be imposed; the
178 maximum length of time the surtax may be imposed, if any; the
179 procedure which must be followed to secure voter approval, if
180 required; the purpose for which the proceeds may be expended;
181 and such other requirements as the Legislature may provide.
182 Taxable transactions and administrative procedures shall be as
183 provided in s. 212.054.
184 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
185 SURTAX.—
186 (d)1. Except as set forth in subparagraph 2., proceeds from
187 the surtax shall be applied to as many or as few of the uses
188 enumerated below in whatever combination the county commission
189 deems appropriate:
190 a.1. Deposited by the county in the trust fund and shall be
191 used for the purposes of development, construction, equipment,
192 maintenance, operation, supportive services, including a
193 countywide bus system, on-demand transportation services, and
194 related costs of a fixed guideway rapid transit system;
195 b.2. Remitted by the governing body of the county to an
196 expressway, transit, or transportation authority created by law
197 to be used, at the discretion of such authority, for the
198 development, construction, operation, or maintenance of roads or
199 bridges in the county, for the operation and maintenance of a
200 bus system, for the operation and maintenance of on-demand
201 transportation services, for the payment of principal and
202 interest on existing bonds issued for the construction of such
203 roads or bridges, and, upon approval by the county commission,
204 such proceeds may be pledged for bonds issued to refinance
205 existing bonds or new bonds issued for the construction of such
206 roads or bridges;
207 3. Used by the county for the development, construction,
208 operation, and maintenance of roads and bridges in the county;
209 for the expansion, operation, and maintenance of bus and fixed
210 guideway systems; for the expansion, operation, and maintenance
211 of on-demand transportation services; and for the payment of
212 principal and interest on bonds issued for the construction of
213 fixed guideway rapid transit systems, bus systems, roads, or
214 bridges; and such proceeds may be pledged by the governing body
215 of the county for bonds issued to refinance existing bonds or
216 new bonds issued for the construction of such fixed guideway
217 rapid transit systems, bus systems, roads, or bridges and no
218 more than 25 percent used for nontransit uses; and
219 c.4. Used by the county for the planning, development,
220 construction, operation, and maintenance of roads and bridges in
221 the county; for the planning, development, expansion, operation,
222 and maintenance of bus and fixed guideway systems; for the
223 planning, development, construction, expansion, operation, and
224 maintenance of on-demand transportation services; and for the
225 payment of principal and interest on bonds issued for the
226 construction of fixed guideway rapid transit systems, bus
227 systems, roads, or bridges; and such proceeds may be pledged by
228 the governing body of the county for bonds issued to refinance
229 existing bonds or new bonds issued for the construction of such
230 fixed guideway rapid transit systems, bus systems, roads, or
231 bridges. Pursuant to an interlocal agreement entered into
232 pursuant to chapter 163, the governing body of the county may
233 distribute proceeds from the tax to a municipality, or an
234 expressway or transportation authority created by law to be
235 expended for the purpose authorized by this paragraph. Any
236 county that has entered into interlocal agreements for
237 distribution of proceeds to one or more municipalities in the
238 county shall revise such interlocal agreements no less than
239 every 5 years in order to include any municipalities that have
240 been created since the prior interlocal agreements were
241 executed.
242 2.a. Beginning October 1, 2022, and to the extent not
243 prohibited by contracts or bond covenants in effect on that
244 date, a county as defined in s. 125.011(1) shall use proceeds of
245 the surtax only for the following purposes:
246 (I) The planning, design, engineering, or construction of
247 fixed guideway rapid transit systems and bus systems, including
248 bus rapid transit systems, and for the development of dedicated
249 facilities for autonomous vehicles as defined in s. 316.003.
250 (II) The acquisition of rights-of-way for fixed guideway
251 rapid transit systems and bus systems, including bus rapid
252 transit systems, and for the development of dedicated facilities
253 for autonomous vehicles as defined in s. 316.003.
254 (III) The purchase of buses or other capital costs for bus
255 systems, including bus rapid transit systems.
256 (IV) The payment of principal and interest on bonds
257 previously issued related to fixed guideway rapid transit
258 systems or bus systems.
259 (V) As security by the governing body of the county to
260 refinance existing bonds or to issue new bonds for the planning,
261 design, engineering, or construction of fixed guideway rapid
262 transit systems, bus rapid transit systems, or bus systems.
263 b. Effective October 1, 2022, to the extent not prohibited
264 by contracts or bond covenants in effect on that date, not more
265 than 25 percent of the surtax proceeds may be distributed to
266 municipalities in total in a county as defined in s. 125.011(1).
267 Such municipalities may use the surtax proceeds to plan,
268 develop, construct, operate, and maintain roads and bridges in
269 the municipality and to pay the principal and interest on bonds
270 issued to construct roads or bridges. The governing body of the
271 municipality may pledge the proceeds for bonds issued to
272 refinance existing bonds or new bonds issued to construct such
273 roads or bridges. Additionally, each such municipality may use
274 surtax proceeds for transit systems within the municipality.
275 c. Effective October 1, 2022, in a county as defined in s.
276 125.011(1), proceeds from the surtax may not be used for
277 salaries or other personnel expenses of the county
278 transportation department.
279 Section 4. Subsection (2) of section 215.68, Florida
280 Statutes, is amended to read:
281 215.68 Issuance of bonds; form; maturity date, execution,
282 sale.—
283 (2) Such bonds may:
284 (a) Be issued in either coupon form or registered form or
285 both;
286 (b) Have such date or dates of issue and such maturities,
287 not exceeding in any event 40 years from the date of issuance
288 thereof;
289 (c) Bear interest at a rate or rates not exceeding the
290 interest rate limitation set forth in s. 215.84(3);
291 (d) Have such provisions for registration of coupon bonds
292 and conversion and reconversion of bonds from coupon to
293 registered form or from registered form to coupon form;
294 (e) Have such provisions for payment at maturity and
295 redemption before prior to maturity at such time or times and at
296 such price or prices; and
297 (f) Be payable at such place or places within or without
298 the state as the board shall determine by resolution.
299
300 The foregoing terms and conditions do not supersede the
301 limitations provided in chapter 348, part I, relating to the
302 issuance of bonds.
303 Section 5. Notwithstanding the repeal of section 319.141,
304 Florida Statutes, which occurred on July 1, 2018, that section
305 is revived, reenacted, and amended, to read:
306 319.141 Pilot Rebuilt motor vehicle inspection program.—
307 (1) As used in this section, the term:
308 (a) “Facility” means a rebuilt motor vehicle inspection
309 facility authorized and operating under this section.
310 (b) “Rebuilt inspection services” means an examination of a
311 rebuilt vehicle and a properly endorsed certificate of title,
312 salvage certificate of title, or manufacturer’s statement of
313 origin and an application for a rebuilt certificate of title, a
314 rebuilder’s affidavit, a photograph of the junk or salvage
315 vehicle taken before repairs began, receipts or invoices for all
316 major component parts, as defined in s. 319.30, and repairs
317 which were changed, and proof that notice of rebuilding of the
318 vehicle has been reported to the National Motor Vehicle Title
319 Information System.
320 (2) By July 1, 2015, The department shall oversee a pilot
321 program in Miami-Dade County to evaluate alternatives to the for
322 rebuilt inspection services currently provided offered by
323 existing private sector operators, including the continued use
324 of private facilities, the cost impact to consumers, and the
325 potential savings to the department.
326 (3) The department shall establish a memorandum of
327 understanding that allows private parties participating in the
328 pilot program to conduct rebuilt motor vehicle inspections and
329 specifies requirements for oversight, bonding and insurance,
330 procedures, and forms and requires the electronic transmission
331 of documents.
332 (4) Before an applicant is approved, the department shall
333 ensure that the applicant meets basic criteria designed to
334 protect the public. At a minimum, the applicant shall meet all
335 of the following requirements:
336 (a) Have and maintain a surety bond or irrevocable letter
337 of credit in the amount of $100,000 executed by the applicant.
338 (b) Secure and maintain a facility at a permanent structure
339 at an address recognized by the United States Postal Service
340 where the only services provided on such property are rebuilt
341 inspection services. The operator of a facility shall annually
342 attest that he or she is not employed by or does not have an
343 ownership interest in or other financial arrangement with the
344 owner, operator, manager, or employee of a motor vehicle repair
345 shop as defined in s. 559.903, a motor vehicle dealer as defined
346 in s. 320.27(1)(c), a towing company, a vehicle storage company,
347 a vehicle auction, an insurance company, a salvage yard, a metal
348 retailer, or a metal rebuilder, from which he or she receives
349 remuneration, directly or indirectly, for the referral of
350 customers for rebuilt inspection services.
351 (c) Have and maintain garage liability and other insurance
352 required by the department.
353 (d) Have completed criminal background checks of the
354 owners, partners, and corporate officers and the inspectors
355 employed by the facility.
356 (e) Meet any additional criteria the department determines
357 necessary to conduct proper inspections.
358 (5) A participant in the program shall access vehicle and
359 title information and enter inspection results through an
360 electronic filing system authorized by the department and shall
361 maintain records of each rebuilt vehicle inspection processed at
362 such facility for at least 5 years.
363 (6) The department shall immediately terminate any operator
364 from the program who fails to meet the minimum eligibility
365 requirements specified in subsection (4). Before a change in
366 ownership of a rebuilt inspection facility, the current operator
367 must give the department 45 days’ written notice of the intended
368 sale. The prospective owner must meet the eligibility
369 requirements of this section and execute a new memorandum of
370 understanding with the department before operating the facility.
371 (7) This section is repealed on July 1, 2018, unless saved
372 from repeal through reenactment by the Legislature.
373 Section 6. Section 334.175, Florida Statutes, is amended to
374 read:
375 334.175 Certification of project design plans and surveys.—
376 (1) All design plans and surveys prepared by or for the
377 department shall be signed, sealed, and certified by the
378 professional engineer or surveyor or architect or landscape
379 architect in responsible charge of the project work. Such
380 professional engineer, surveyor, architect, or landscape
381 architect must be duly registered in this state.
382 (2) For all transportation projects on, under, over, or
383 abutting a department-owned right-of-way and regardless of
384 funding source, the department shall approve the design plans
385 for such projects if such design plans meet department design
386 standards.
387 Section 7. Section 337.025, Florida Statutes, is amended to
388 read:
389 337.025 Innovative transportation highway projects;
390 department to establish program.—
391 (1) The department may is authorized to establish a program
392 for transportation highway projects demonstrating innovative
393 techniques of highway and bridge design, construction,
394 maintenance, and finance which have the intended effect of
395 measuring resiliency and structural integrity and controlling
396 time and cost increases on construction projects. Such
397 techniques may include, but are not limited to, state-of-the-art
398 technology for pavement, safety, and other aspects of highway
399 and bridge design, construction, and maintenance; innovative
400 bidding and financing techniques; accelerated construction
401 procedures; and those techniques that have the potential to
402 reduce project life cycle costs. To the maximum extent
403 practical, the department must use the existing process to award
404 and administer construction and maintenance contracts. When
405 specific innovative techniques are to be used, the department is
406 not required to adhere to those provisions of law that would
407 prevent, preclude, or in any way prohibit the department from
408 using the innovative technique. However, before prior to using
409 an innovative technique that is inconsistent with another
410 provision of law, the department must document in writing the
411 need for the exception and identify what benefits the traveling
412 public and the affected community are anticipated to receive.
413 The department may enter into no more than $120 million in
414 contracts annually for the purposes authorized by this section.
415 (2) The annual cap on contracts provided in subsection (1)
416 shall not apply to:
417 (a) Turnpike enterprise projects, and turnpike enterprise
418 projects shall not be counted toward the department’s annual
419 cap.
420 (b) Transportation projects funded by the American Recovery
421 and Reinvestment Act of 2009.
422 Section 8. Subsections (2) and (5) of section 338.165,
423 Florida Statutes, are amended to read:
424 338.165 Continuation of tolls.—
425 (2) If the revenue-producing project is on the State
426 Highway System, any remaining toll revenue shall be used for the
427 construction, maintenance, or improvement of any road on the
428 State Highway System within the county or counties in which the
429 revenue-producing project is located, except as provided in s.
430 348.0004.
431 (5) If the revenue-producing project is on the county road
432 system, any remaining toll revenue shall be used for the
433 construction, maintenance, or improvement of any other state or
434 county road within the county or counties in which the revenue
435 producing project is located, except as provided in s. 348.0004.
436 Section 9. Present subsections (5), (6), and (7) of section
437 338.166, Florida Statutes, are redesignated as subsections (6),
438 (7), and (8), respectively, and a new subsection (5) is added to
439 that section, to read:
440 338.166 High-occupancy toll lanes or express lanes.—
441 (5) A toll on a high-occupancy toll lane or express lane
442 located in a county as defined in s. 125.011(1) may not exceed
443 $5 per trip.
444 Section 10. Paragraph (a) of subsection (3) of section
445 338.231, Florida Statutes, is amended to read:
446 338.231 Turnpike tolls, fixing; pledge of tolls and other
447 revenues.—The department shall at all times fix, adjust, charge,
448 and collect such tolls and amounts for the use of the turnpike
449 system as are required in order to provide a fund sufficient
450 with other revenues of the turnpike system to pay the cost of
451 maintaining, improving, repairing, and operating such turnpike
452 system; to pay the principal of and interest on all bonds issued
453 to finance or refinance any portion of the turnpike system as
454 the same become due and payable; and to create reserves for all
455 such purposes.
456 (3)(a) For the period July 1, 1998, through June 30, 2027,
457 The department shall, to the maximum extent feasible, program
458 sufficient funds in the tentative work program such that all of
459 the percentage of turnpike toll and bond financed commitments in
460 Miami-Dade County, Broward County, and Palm Beach County as
461 compared to total turnpike toll and bond financed commitments
462 shall be at least 90 percent of the share of net toll
463 collections attributable to users of the turnpike facilities
464 system in Miami-Dade County, Broward County, and Palm Beach
465 County are committed to projects and bond finance commitments in
466 each respective county as compared to total net toll collections
467 attributable to users of the turnpike system. This paragraph
468 subsection does not apply when the application of such
469 requirements would violate any covenant established in a
470 resolution or trust indenture relating to the issuance of
471 turnpike bonds. The department may at any time for economic
472 considerations establish lower temporary toll rates for a new or
473 existing toll facility for a period not to exceed 1 year, after
474 which the toll rates adopted pursuant to s. 120.54 shall become
475 effective.
476 Section 11. Effective upon this act becoming a law, section
477 338.271, Florida Statutes, is created to read:
478 338.271 Facilities of the former Miami-Dade County
479 Expressway Authority.—
480 (1) The department shall assume the assets and liabilities
481 of the Miami-Dade County Expressway Authority.
482 (2)(a) The department shall continue the system of tolls of
483 the facilities for the former Miami-Dade County Expressway
484 Authority until any outstanding bond obligations related to a
485 facility on the former Miami-Dade County Expressway System are
486 fully discharged.
487 (b) Notwithstanding s. 338.165(1), the department may not
488 collect tolls on a facility of the former Miami-Dade County
489 Expressway Authority after the discharge of any bond obligations
490 that are outstanding as of July 1, 2018.
491 (3) Notwithstanding s. 338.165(3), the department may not
492 increase toll rates on facilities of the former Miami-Dade
493 County Expressway Authority except as required by bond
494 covenants.
495 (4)(a) Fees generated from tolls shall be deposited into
496 the State Transportation Trust Fund and may be used to:
497 1. Reimburse outstanding contractual obligations.
498 2. Operate and maintain the highways and toll facilities,
499 including reconstruction and restoration, such that these
500 facilities are maintained to department standards.
501 3. Pay for projects funded by toll revenues from the former
502 Miami-Dade County Expressway Authority which are contained in
503 the 5-year work program adopted by the Miami-Dade County
504 Expressway Authority on December 5, 2018.
505 (b) Revenues generated annually in excess of those required
506 to pay the expenses in paragraph (a) shall be used by the
507 department to fund transportation projects in the area served by
508 the former Miami-Dade County Expressway Authority.
509 (5) Notwithstanding any other provision of law to the
510 contrary, the facilities of the former Miami-Dade County
511 Expressway Authority may not become part of the Florida Turnpike
512 Enterprise and are not subject to the Florida Turnpike
513 Enterprise Law.
514 Section 12. Subsection (6) of section 343.1003, Florida
515 Statutes, is amended to read:
516 343.1003 Northeast Florida Regional Transportation
517 Commission.—
518 (6) Notwithstanding s. 112.3144(1)(b) s. 348.0003(4)(c),
519 members of the board shall file a statement of financial
520 interests interest with the Commission on Ethics pursuant to s.
521 112.3145.
522 Section 13. Part I of chapter 348, Florida Statutes,
523 consisting of sections 348.0001, 348.0002, 348.0003, 348.0004,
524 348.0005, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011,
525 348.00115, and 348.0012, is repealed.
526 Section 14. (1) Effective upon this act becoming a law, the
527 governance and control of the Miami-Dade County Expressway
528 Authority is transferred to the Department of Transportation
529 pursuant to the terms of this section. The assets, facilities,
530 tangible and intangible property and any rights in such
531 property, and any other legal rights of the authority, including
532 the expressway system operated by the authority, are transferred
533 to the department. The department succeeds to all powers of the
534 authority, and the operations and maintenance of the expressway
535 system shall be under the control of the department. Revenues
536 collected on the expressway system shall be considered
537 department revenues but shall be subject to the lien of the
538 trust indentures securing the Miami-Dade County Expressway
539 Authority bonds. The department also assumes all liability for
540 bonds of the authority pursuant to subsection (2). The
541 department shall, in consultation with the Division of Bond
542 Finance, review all other contracts, financial obligations, and
543 contractual relationships and liabilities of the authority, and
544 the department may assume responsibility for the obligations
545 that are determined to be necessary or desirable for the
546 continued operation of the expressway system. Employees,
547 officers, and members of the authority may not sell, dispose,
548 encumber, transfer, or expend the assets of the authority as
549 existed and reflected in the authority’s financial statements
550 for the fiscal year ended June 30, 2018, other than in the
551 ordinary course of business. For purposes of this section,
552 incurring debt or issuing bonds for projects contained in the 5
553 year work program approved and adopted by the authority on
554 December 5, 2018, is not considered the ordinary course of
555 business. Notwithstanding the foregoing, nothing contained
556 herein shall prevent the authority from designing and planning
557 projects contained in the 5-year work program approved and
558 adopted by the authority on December 5, 2018.
559 (2) The transfer pursuant to this section is subject to all
560 terms and covenants provided for the protection of the holders
561 of the Miami-Dade County Expressway Authority bonds in the trust
562 indentures or resolutions adopted in connection with the
563 issuance of such bonds. Further, the transfer does not impair
564 the terms of the contract between the authority and the
565 bondholders, does not act to the detriment of the bondholders,
566 and does not diminish the security for the bonds. After the
567 transfer, the department shall operate and maintain the
568 expressway system and any other facilities of the authority in
569 accordance with the terms, conditions, and covenants contained
570 in the trust indentures or bond resolutions securing such bonds.
571 The department shall collect toll revenues and apply them to the
572 payment of debt service as provided in the trust indentures or
573 bond resolutions securing such bonds and expressly assumes all
574 obligations relating to the bonds to ensure that the transfer of
575 the authority will have no adverse impact on the security for
576 the bonds of the authority.
577 (3) After the transfer, the department shall consider
578 refinancing all or a portion of outstanding Miami-Dade County
579 Expressway Authority bonds if doing so would result in net cost
580 savings. Any resulting cost savings shall be used to reduce toll
581 rates.
582 (4) The department shall use the unencumbered cash balances
583 transferred under this section to prepay or defease outstanding
584 Miami-Dade County Expressway Authority bonds or debts to the
585 extent allowed by or consistent with the terms and covenants
586 provided for the protection of the holders of the Miami-Dade
587 County Expressway Authority bonds in the trust indentures or
588 resolutions adopted in connection with the issuance of such
589 bonds.
590 (5) The department must display signs showing the date on
591 or year in which the bonds will be paid. Such signs must be
592 placed near the roadway signage that displays the toll rates.
593 (6) By October 1 of each year beginning in 2020, the
594 department shall provide a report to the Miami-Dade County Board
595 of County Commissioners and the Miami-Dade County Transportation
596 Planning Organization detailing the toll collections, costs, and
597 net revenues collected from the expressway system and turnpike
598 operations in Miami-Dade County. The report shall include
599 details on projects funded and scheduled to be funded by toll
600 revenues, including revenues of the Florida Turnpike Enterprise,
601 in Miami-Dade County.
602 Section 15. Section 348.635, Florida Statutes, is created
603 to read:
604 348.635 Public-private partnership.—The Legislature
605 declares that there is a public need for the rapid construction
606 of safe and efficient transportation facilities for traveling
607 within this state and that it is in the public’s interest to
608 provide for public-private partnership agreements to effectuate
609 the construction of additional safe, convenient, and economical
610 transportation facilities.
611 (1) Notwithstanding any other provision of this part, the
612 authority may receive or solicit proposals and enter into
613 agreements with private entities, or consortia thereof, for the
614 building, operation, ownership, or financing of authority
615 transportation facilities or new transportation facilities
616 within the jurisdiction of the authority which increase
617 transportation capacity. The authority may not sell or lease any
618 transportation facility owned by the authority without providing
619 the analysis required in s. 334.30(6)(e)2. to the Legislative
620 Budget Commission created pursuant to s. 11.90 for review and
621 approval before awarding a contract on a lease of an existing
622 toll facility. The authority may adopt rules to implement this
623 section and shall, by rule, establish an application fee for the
624 submission of unsolicited proposals under this section. The fee
625 must be sufficient to pay the costs of evaluating the proposals.
626 The authority may engage private consultants to assist in the
627 evaluation. Before approval, the authority must determine that a
628 proposed project:
629 (a) Is in the public’s best interest.
630 (b) Would not require state funds to be used unless the
631 project is on or provides increased mobility on the State
632 Highway System.
633 (c) Would have adequate safeguards to ensure that no
634 additional costs or service disruptions would be realized by the
635 traveling public and residents of the state in the event of
636 default or the cancellation of the agreement by the authority.
637 (d) Would have adequate safeguards in place to ensure that
638 the department, the authority, or the private entity has the
639 opportunity to add capacity to the proposed project and other
640 transportation facilities serving similar origins and
641 destinations.
642 (e) Would be owned by the authority upon completion or
643 termination of the agreement.
644 (2) The authority shall ensure that all reasonable costs to
645 the state which are related to transportation facilities that
646 are not part of the State Highway System are borne by the
647 private entity. The authority shall also ensure that all
648 reasonable costs to the state and substantially affected local
649 governments and utilities related to the private transportation
650 facility are borne by the private entity for transportation
651 facilities that are owned by private entities. For projects on
652 the State Highway System, the department may use state resources
653 to participate in funding and financing the project as provided
654 for under the department’s enabling legislation.
655 (3) The authority may request proposals for public-private
656 transportation projects or, if it receives an unsolicited
657 proposal, it must publish a notice in the Florida Administrative
658 Register and a newspaper of general circulation in the county in
659 which it is located at least once a week for 2 weeks stating
660 that it has received the proposal and will accept, for 60 days
661 after the initial date of publication, other proposals for the
662 same project purpose. A copy of the notice must be mailed to
663 each local government in the affected areas. After the public
664 notification period has expired, the authority shall rank the
665 proposals in order of preference. In ranking the proposals, the
666 authority shall consider professional qualifications, general
667 business terms, innovative engineering or cost-reduction terms,
668 finance plans, and the need for state funds to deliver the
669 proposal. If the authority is not satisfied with the results of
670 the negotiations, it may, at its sole discretion, terminate
671 negotiations with the proposer. If these negotiations are
672 unsuccessful, the authority may go to the second and lower
673 ranked firms, in order, using the same procedure. If only one
674 proposal is received, the authority may negotiate in good faith,
675 and if it is not satisfied with the results, it may, at its sole
676 discretion, terminate negotiations with the proposer. The
677 authority may, at its discretion, reject all proposals at any
678 point in the process up to completion of a contract with the
679 proposer.
680 (4) Agreements entered into pursuant to this section may
681 authorize the public-private entity to impose tolls or fares for
682 the use of the facility. However, the amount and use of toll or
683 fare revenues shall be regulated by the authority to avoid
684 unreasonable costs to users of the facility.
685 (5) Each public-private transportation facility constructed
686 pursuant to this section shall comply with all requirements of
687 federal, state, and local laws; state, regional, and local
688 comprehensive plans; the authority’s rules, policies,
689 procedures, and standards for transportation facilities; and any
690 other conditions that the authority determines to be in the
691 public’s best interest.
692 (6) The authority may exercise any power possessed by it,
693 including eminent domain, to facilitate the development and
694 construction of transportation projects pursuant to this
695 section. The authority may pay all or part of the cost of
696 operating and maintaining the facility or may provide services
697 to the private entity for which it receives full or partial
698 reimbursement for services rendered.
699 (7) Except as herein provided, this section is not intended
700 to amend existing laws by granting additional powers to or
701 further restricting the governmental entities from regulating
702 and entering into cooperative arrangements with the private
703 sector for the planning, construction, and operation of
704 transportation facilities.
705 Section 16. Section 348.7605, Florida Statutes, is created
706 to read:
707 348.7605 Public-private partnership.—The Legislature
708 declares that there is a public need for the rapid construction
709 of safe and efficient transportation facilities for traveling
710 within this state and that it is in the public’s interest to
711 provide for public-private partnership agreements to effectuate
712 the construction of additional safe, convenient, and economical
713 transportation facilities.
714 (1) Notwithstanding any other provision of this part, the
715 authority may receive or solicit proposals and enter into
716 agreements with private entities, or consortia thereof, for the
717 building, operation, ownership, or financing of authority
718 transportation facilities or new transportation facilities
719 within the jurisdiction of the authority which increase
720 transportation capacity. The authority may not sell or lease any
721 transportation facility owned by the authority without providing
722 the analysis required in s. 334.30(6)(e)2. to the Legislative
723 Budget Commission created pursuant to s. 11.90 for review and
724 approval before awarding a contract on a lease of an existing
725 toll facility. The authority may adopt rules to implement this
726 section and shall, by rule, establish an application fee for the
727 submission of unsolicited proposals under this section. The fee
728 must be sufficient to pay the costs of evaluating the proposals.
729 The authority may engage private consultants to assist in the
730 evaluation. Before approval, the authority must determine that a
731 proposed project:
732 (a) Is in the public’s best interest.
733 (b) Would not require state funds to be used unless the
734 project is on or provides increased mobility on the State
735 Highway System.
736 (c) Would have adequate safeguards to ensure that no
737 additional costs or service disruptions would be realized by the
738 traveling public and residents of the state in the event of
739 default or the cancellation of the agreement by the authority.
740 (d) Would have adequate safeguards in place to ensure that
741 the department, the authority, or the private entity has the
742 opportunity to add capacity to the proposed project and other
743 transportation facilities serving similar origins and
744 destinations.
745 (e) Would be owned by the authority upon completion or
746 termination of the agreement.
747 (2) The authority shall ensure that all reasonable costs to
748 the state which are related to transportation facilities that
749 are not part of the State Highway System are borne by the
750 private entity. The authority shall also ensure that all
751 reasonable costs to the state and substantially affected local
752 governments and utilities related to the private transportation
753 facility are borne by the private entity for transportation
754 facilities that are owned by private entities. For projects on
755 the State Highway System, the department may use state resources
756 to participate in funding and financing the project as provided
757 for under the department’s enabling legislation.
758 (3) The authority may request proposals for public-private
759 transportation projects or, if it receives an unsolicited
760 proposal, it must publish a notice in the Florida Administrative
761 Register and a newspaper of general circulation in the county in
762 which it is located at least once a week for 2 weeks stating
763 that it has received the proposal and will accept, for 60 days
764 after the initial date of publication, other proposals for the
765 same project purpose. A copy of the notice must be mailed to
766 each local government in the affected areas. After the public
767 notification period has expired, the authority shall rank the
768 proposals in order of preference. In ranking the proposals, the
769 authority shall consider professional qualifications, general
770 business terms, innovative engineering or cost-reduction terms,
771 finance plans, and the need for state funds to deliver the
772 proposal. If the authority is not satisfied with the results of
773 the negotiations, it may, at its sole discretion, terminate
774 negotiations with the proposer. If these negotiations are
775 unsuccessful, the authority may go to the second and lower
776 ranked firms, in order, using the same procedure. If only one
777 proposal is received, the authority may negotiate in good faith,
778 and if it is not satisfied with the results, it may, at its sole
779 discretion, terminate negotiations with the proposer. The
780 authority may, at its discretion, reject all proposals at any
781 point in the process up to completion of a contract with the
782 proposer.
783 (4) Agreements entered into pursuant to this section may
784 authorize the public-private entity to impose tolls or fares for
785 the use of the facility. However, the amount and use of toll or
786 fare revenues shall be regulated by the authority to avoid
787 unreasonable costs to users of the facility.
788 (5) Each public-private transportation facility constructed
789 pursuant to this section shall comply with all requirements of
790 federal, state, and local laws; state, regional, and local
791 comprehensive plans; the authority’s rules, policies,
792 procedures, and standards for transportation facilities; and any
793 other conditions that the authority determines to be in the
794 public’s best interest.
795 (6) The authority may exercise any power possessed by it,
796 including eminent domain, to facilitate the development and
797 construction of transportation projects pursuant to this
798 section. The authority may pay all or part of the cost of
799 operating and maintaining the facility or may provide services
800 to the private entity for which it receives full or partial
801 reimbursement for services rendered.
802 (7) Except as herein provided, this section is not intended
803 to amend existing laws by granting additional powers to or
804 further restricting the governmental entities from regulating
805 and entering into cooperative arrangements with the private
806 sector for the planning, construction, and operation of
807 transportation facilities.
808 Section 17. Pursuant to section 20 of chapter 2014-171,
809 Laws of Florida, part V of chapter 348, Florida Statutes,
810 consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
811 348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and
812 348.9961, is repealed.
813 Section 18. Except as otherwise expressly provided in this
814 act and except for this section, which shall take effect upon
815 this act becoming a law, this act shall take effect July 1,
816 2019.