April 18, 2014
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CS/CS/HB 985

1
A bill to be entitled
2An act relating to transportation; amending s. 20.23,
3F.S.; requiring the commission to monitor transportation
4authorities and conduct periodic reviews of each
5authority; prohibiting a member of the commission from
6entering into the day-to-day operation of a monitored
7authority; amending s. 112.061, F.S.; authorizing
8metropolitan planning organizations and certain separate
9entities to establish per diem and travel reimbursement
10rates; amending s. 120.52, F.S.; excluding expressway
11authorities under ch. 349, F.S., from the definition of
12the term "agency" for certain purposes; amending s.
13349.03, F.S.; revising provisions for officers and
14employees of the Jacksonville Transportation Authority;
15amending s. 349.04, F.S.; providing for the adoption of
16rules by the Jacksonville Transportation Authority for
17certain purposes; amending s. 121.021, F.S.; defining the
18term "metropolitan planning organization" for purposes of
19the Florida Retirement System Act; revising definitions to
20include M.P.O.'s and positions in M.P.O.'s; amending s.
21121.051, F.S.; providing for M.P.O.'s to participate in
22the Florida Retirement System; amending s. 121.055, F.S.;
23requiring certain M.P.O. staff positions to be in the
24Senior Management Service Class; amending s. 121.061,
25F.S.; providing for enforcement of certain employer
26funding contributions required under the Florida
27Retirement System; authorizing deductions of amounts owed
28from certain funds distributed to an M.P.O.; authorizing
29the governing body of an M.P.O. to file and maintain an
30action in court to require an employer to remit retirement
31or social security member contributions or employer
32matching payments; amending s. 121.081, F.S.; providing
33for M.P.O. officers and staff to claim credit for past
34service for retirement benefits; amending s. 163.3180,
35F.S.; authorizing the establishment of a study to evaluate
36the benefits and barriers of establishing a regional
37multimodal transportation concurrency district; creating
38s. 163.3182, F.S.; providing for the creation of
39transportation concurrency backlog authorities; providing
40powers and responsibilities of such authorities; providing
41for transportation concurrency backlog plans; providing
42for the issuance of revenue bonds for certain purposes;
43providing for the establishment of a local trust fund
44within each county or municipality having an identified
45transportation concurrency backlog; providing exemptions
46from transportation concurrency requirements; providing
47for the satisfaction of concurrency requirements;
48providing for dissolution of transportation concurrency
49backlog authorities; amending s. 163.3191, F.S.; exempting
50from a prohibition on plan amendments certain amendments
51to local comprehensive plans concerning the integration of
52port master plans; amending s. 212.055, F.S.; deleting a
53provision prohibiting a school district, county, or
54municipality from issuing bonds more than once each year
55pledging the proceeds of certain discretionary taxes;
56amending s. 215.615, F.S.; revising the Department of
57Transportation's requirement to share certain costs of
58fixed-guideway system projects; revising criteria for an
59interlocal agreement to establish bond financing for
60fixed-guideway system projects; revising provisions for
61sources of funds for the payment of bonds; amending s.
62311.22, F.S.; revising funding for certain dredging
63projects; amending s. 316.2123, F.S.; authorizing a county
64to designate certain unpaved roadways where an ATV may be
65operated; providing conditions for such operation;
66amending s. 316.605, F.S.; providing height and placement
67requirements for vehicle license plates; prohibiting
68display that obscures identification of the letters and
69numbers on a license plate; providing penalties; amending
70s. 316.650, F.S.; revising procedures for disposition of
71citations issued for failure to pay toll; providing that
72the citation will not be submitted to the court and no
73points will be assessed on the driver's license if the
74person cited elects to make payment directly to the
75governmental entity that issued the citation; providing
76for reporting of the citation by the governmental entity
77to the Department of Highway Safety and Motor Vehicles;
78amending s. 318.14, F.S.; providing for the amount
79required to be paid under certain procedures for
80disposition of a citation issued for failure to pay toll;
81providing for the person cited to request a court hearing;
82amending s. 318.18, F.S.; revising penalties for failure
83to pay a prescribed toll; providing for disposition of
84amounts received by the clerk of court; removing
85procedures for withholding of adjudication; providing for
86suspension of a driver's license under certain
87circumstances; revising authorized uses of revenue
88received by a county from a certain surcharge; revising
89penalty provisions to provide for certain criminal
90penalties; imposing a surcharge to be paid for specified
91traffic-related criminal offenses and all moving traffic
92violations; providing for distribution of the proceeds of
93the surcharge to be used for the state agency law
94enforcement radio system; providing for future expiration;
95amending s. 318.21, F.S.; revising distribution provisions
96to provide for distribution of the surcharge; providing
97for future expiration; amending s. 320.061, F.S.;
98prohibiting interfering with the legibility, angular
99visibility, or detectability of any feature or detail on a
100license plate or interfering with the ability to
101photograph or otherwise record any feature or detail on a
102license plate; providing penalties; repealing second
103paragraph contained in Specific Appropriation 2188 of the
1042007-2008 General Appropriations Act; amending s. 332.007,
105F.S.; authorizing the Department of Transportation to
106provide funds for certain general aviation projects under
107certain circumstances; extending the timeframe that the
108department is authorized to provide operational and
109maintenance assistance to certain airports and may
110redirect the use of certain funds to security-related or
111economic-impact projects related to the events of
112September 11, 2001; amending s. 332.14, F.S.; providing
113that certain members of the Secure Airports for Florida's
114Economy Council shall be nonvoting members; authorizing
115certain members to overrule certain actions of the
116council; amending s. 334.351, F.S.; requiring nonprofit
117youth organizations that contract with the Department of
118Transportation for the purpose of operating youth work
119experience programs to certify that the program
120participants are residents of the state and possess valid
121identification; specifying criteria for the department to
122consider in awarding contracts to such organizations;
123requiring that the nonprofit youth organizations submit
124certain reports and audits to the department and
125demonstrate participation in a peer assessment or review
126process; amending s. 336.025, F.S.; deleting a prohibition
127against local governments issuing certain bonds secured by
128revenues from local option fuel taxes more than once a
129year; amending s. 336.41, F.S.; revising an exception to
130competitive-bid requirements for certain county road
131construction and reconstruction projects; increasing the
132value threshold under which the exception applies;
133defining the term "construction aggregate materials";
134providing legislative intent; prohibiting a local
135government from approving or denying a land use zoning
136change, comprehensive plan amendment, land use permit,
137ordinance, or order regarding construction aggregate
138materials without considering information provided by the
139Department of Transportation and considering the effect of
140such decision; prohibiting an agency from imposing a
141moratorium on the mining and extraction of construction
142aggregate materials of longer than a specified period;
143providing that limerock environmental resource permitting
144and reclamation applications are eligible to be expedited;
145establishing the Strategic Aggregates Review Task Force;
146providing for membership, staffing, reporting, and
147expiration; providing for support and the coordination of
148data and information for the task force; requiring that
149the task force report its findings to the Governor and the
150Legislature; providing report requirements; providing for
151the dissolution of the task force; creating s. 337.026,
152F.S.; authorizing the Department of Transportation to
153pursue procurement techniques relating to construction
154aggregate materials; authorizing the department to enter
155into agreements for construction aggregate materials;
156providing exceptions; providing requirements for such
157exceptions; amending s. 337.11, F.S.; providing that
158certain construction projects be advertised for bids in
159local newspapers; amending s. 337.14, F.S.; authorizing
160the department to waive specified prequalification
161requirements for certain transportation projects under
162certain conditions; amending s. 337.18, F.S.; revising
163surety bond requirements for construction or maintenance
164contracts; providing for incremental annual surety bonds
165for multiyear maintenance contracts under certain
166conditions; revising the threshold for transportation
167projects eligible for a waiver of surety bond
168requirements; authorizing the department to provide for
169phased surety bond coverage or an alternate means of
170security for a portion of the contract amount in lieu of
171the surety bond; amending s. 338.161, F.S.; providing for
172the Department of Transportation and certain toll agencies
173to enter into agreements with public or private entities
174for additional uses of electronic toll collection products
175and services; authorizing feasibility studies by the
176department or a toll agency of additional uses of
177electronic toll devices for legislative consideration;
178amending s. 338.2275, F.S.; raising the limit on
179outstanding bonds to fund turnpike projects; removing a
180provision authorizing the department to acquire the
181Sawgrass Expressway from the Broward County Expressway
182Authority; amending s. 338.231, F.S.; extending the
183timeframe for application of requirement that the
184department program in the tentative work program certain
185funds relative to the share of toll collections
186attributable to users of the turnpike system in certain
187areas; removing a reference to conform; amending s.
188339.08, F.S.; allowing moneys in the State Transportation
189Trust Fund to be used to pay the cost of the Enhanced
190Bridge Program for Sustainable Transportation; authorizing
191the department to use funds for certain circumstances;
192amending s. 339.175, F.S.; revising intent; providing the
193method of creation and operation of M.P.O.'s required to
194be designated pursuant to federal law; specifying that an
195M.P.O. is separate from the state or the governing body of
196a local government that is represented on the governing
197board of the M.P.O. or that is a signatory to the
198interlocal agreement creating the M.P.O.; providing
199specified powers and privileges to the M.P.O.; providing
200for the designation and duties of certain officials;
201revising requirements for voting membership; defining the
202term "elected officials of a general-purpose local
203government" to exclude certain constitutional officers for
204voting membership purposes; providing for the appointment
205of alternates and advisers; providing that members of an
206M.P.O. technical advisory committee shall serve at the
207pleasure of the M.P.O.; providing for the appointment of
208an executive or staff director and other personnel;
209authorizing an M.P.O. to enter into contracts with public
210or private entities to accomplish its duties and
211functions; providing for the training of certain persons
212who serve on an M.P.O. for certain purposes; requiring
213that certain plans, programs, and amendments that affect
214projects be approved by each M.P.O. on a recorded roll
215call vote, or hand-counted vote, of a majority of the
216membership present; amending s. 339.2819, F.S.; revising
217the share of matching funds for a public transportation
218project provided from the Transportation Regional
219Incentive Program; creating s. 339.282, F.S.; providing
220legislative findings; providing that property owners or
221developers who voluntarily contribute right-of-way and
222physically construct or expand a state transportation
223facility or segment may receive certain credits against
224any future transportation concurrency requirements under
225certain conditions; creating s. 339.285, F.S.; creating
226the Enhanced Bridge Program for Sustainable Transportation
227within the Department of Transportation; providing for the
228use of funds in the program; providing project guidelines
229for program funding; amending s. 339.55, F.S.; providing
230for the use of State Infrastructure Bank loans for certain
231damaged transportation facilities in areas officially
232declared to be in a state of emergency; providing
233criteria; amending s. 339.63, F.S.; specifying criteria
234for types of facilities of the Strategic Intermodal System
235and the Emerging Strategic Intermodal System; directing
236the Department of Transportation to designate facilities
237to an intermodal system based on the criteria; directing
238the Secretary of Transportation to designate airports
239meeting specified criteria as part of the Strategic
240Intermodal System; amending s. 341.071, F.S.; requiring
241certain public transit providers to annually report
242potential productivity and performance enhancements;
243amending s. 343.81, F.S.; prohibiting elected officials
244from serving on the Northwest Florida Transportation
245Corridor Authority; providing for application of the
246prohibition to apply to persons appointed to serve on the
247authority after a certain date; amending s. 343.82, F.S.;
248directing the authority to plan for and study the
249feasibility of constructing, operating, and maintaining a
250bridge or bridges, and appurtenant structures, spanning
251Choctawhatchee Bay or Santa Rosa Sound; authorizing the
252authority to construct, operate, and maintain said bridges
253and structures; amending s. 334.30, F.S.; authorizing the
254Department of Transportation to advance certain projects
255in the Strategic Intermodal System Plan using funds
256provided by public-private partnerships or private
257entities; providing criteria for such leasing agreements;
258providing that procurements of public-private partnerships
259are not subject to specified provisions unless they are
260part of the procurement agreement or the public-private
261agreement; extending the unsolicited private proposal
262advertisement period; providing criteria for qualification
263of public-private partnerships as part of the procurement
264process; providing for certain innovative financing
265techniques for public-private partnerships; authorizing
266the department to enter into public-private partnership
267agreements that include extended terms under certain
268conditions; requiring the department to provide a summary
269of new public-private partnerships under certain
270conditions; requiring certain projects to be prioritized
271for selection; providing public-private partnership
272agreement term limits; limiting the amount of certain
273funds that may be obligated for public-private projects;
274removing a provision for the speed of a certain fixed-
275guideway transportation system; amending s. 338.165, F.S.;
276providing for toll rate increases that are tied to certain
277inflation indicators; providing for increases beyond
278inflation amounts; amending s. 338.234, F.S.; granting the
279Florida Turnpike Enterprise, its lessees, and licensees an
280exemption from paying commercial rental tax on capital
281improvements; amending s. 348.0003, F.S.; revising
282members' financial disclosure requirements; amending s.
283348.0004, F.S.; authorizing certain transportation-related
284authorities to enter into agreements with private entities
285for the building, operation, ownership, or financing of
286transportation facilities; amending s. 348.0012, F.S.;
287revising provisions for certain exemptions from the
288Florida Expressway Authority Act; amending s. 348.754,
289F.S.; authorizing the Orlando-Orange County Expressway
290Authority to waive payment and performance bonds on
291certain construction contracts if the contract is awarded
292pursuant to an economic development program for the
293encouragement of local small businesses; providing
294criteria for participation in the program; providing
295criteria for the bond waiver; providing for certain
296determinations by the authority's executive director or a
297designee as to the suitability of a project; providing for
298certain payment obligations if a payment and performance
299bond is waived; requiring the authority to record notice
300of the obligation; limiting eligibility to bid on the
301projects; providing for the authority to conduct bond
302eligibility training for certain businesses; requiring the
303authority to submit biennial reports to the Orange County
304legislative delegation; amending ss. 163.3177, 339.176,
305and 341.828, F.S.; correcting cross-references; amending
306s. 2, ch. 89-383, Laws of Florida; providing for certain
307alterations to and along Red Road in Miami-Dade County for
308transportation safety purposes; amending s. 479.01, F.S.;
309defining the term "wall mural"; creating s. 479.156, F.S.;
310providing for the regulation of wall murals by
311municipalities and counties; requiring that certain wall
312murals be located in areas zoned for industrial or
313commercial use; requiring that the local regulation of
314wall murals be consistent with specified criteria;
315requiring the Department of Transportation to approve a
316wall mural under certain conditions; amending s. 316.1951,
317F.S.; revising provisions relating to parking vehicles on
318public property for the purpose of displaying the vehicles
319for sale, hire, or rental; providing exceptions;
320prohibiting certain acts in the sale of motor vehicles;
321providing the Department of Management Services authority
322to issue bonds for the site development and construction
323of a First District Court of Appeals facility at a
324specified location; providing an effective date.
325
326Be It Enacted by the Legislature of the State of Florida:
327
328     Section 1.  Paragraphs (b) and (c) of subsection (2) of
329section 20.23, Florida Statutes, are amended to read:
330     20.23  Department of Transportation.--There is created a
331Department of Transportation which shall be a decentralized
332agency.
333     (2)
334     (b)  The commission shall have the primary functions to:
335     1.  Recommend major transportation policies for the
336Governor's approval, and assure that approved policies and any
337revisions thereto are properly executed.
338     2.  Periodically review the status of the state
339transportation system including highway, transit, rail, seaport,
340intermodal development, and aviation components of the system
341and recommend improvements therein to the Governor and the
342Legislature.
343     3.  Perform an in-depth evaluation of the annual department
344budget request, the Florida Transportation Plan, and the
345tentative work program for compliance with all applicable laws
346and established departmental policies. Except as specifically
347provided in s. 339.135(4)(c)2., (d), and (f), the commission may
348not consider individual construction projects, but shall
349consider methods of accomplishing the goals of the department in
350the most effective, efficient, and businesslike manner.
351     4.  Monitor the financial status of the department on a
352regular basis to assure that the department is managing revenue
353and bond proceeds responsibly and in accordance with law and
354established policy.
355     5.  Monitor on at least a quarterly basis, the efficiency,
356productivity, and management of the department, using
357performance and production standards developed by the commission
358pursuant to s. 334.045.
359     6.  Perform an in-depth evaluation of the factors causing
360disruption of project schedules in the adopted work program and
361recommend to the Legislature and the Governor methods to
362eliminate or reduce the disruptive effects of these factors.
363     7.  Recommend to the Governor and the Legislature
364improvements to the department's organization in order to
365streamline and optimize the efficiency of the department. In
366reviewing the department's organization, the commission shall
367determine if the current district organizational structure is
368responsive to Florida's changing economic and demographic
369development patterns. The initial report by the commission must
370be delivered to the Governor and Legislature by December 15,
3712000, and each year thereafter, as appropriate. The commission
372may retain such experts as are reasonably necessary to
373effectuate this subparagraph, and the department shall pay the
374expenses of such experts.
375     8.  Monitor the efficiency, productivity, and management of
376the authorities created under chapters 343 and 348, including
377any authority formed using the provisions of part I of chapter
378348. The commission shall also conduct periodic reviews of each
379authority's operations and budget, acquisition of property,
380management of revenue and bond proceeds, and compliance with
381applicable laws and generally accepted accounting principles.
382     (c)  The commission or a member thereof may not enter into
383the day-to-day operation of the department or a monitored
384authority and is specifically prohibited from taking part in:
385     1.  The awarding of contracts.
386     2.  The selection of a consultant or contractor or the
387prequalification of any individual consultant or contractor.
388However, the commission may recommend to the secretary standards
389and policies governing the procedure for selection and
390prequalification of consultants and contractors.
391     3.  The selection of a route for a specific project.
392     4.  The specific location of a transportation facility.
393     5.  The acquisition of rights-of-way.
394     6.  The employment, promotion, demotion, suspension,
395transfer, or discharge of any department personnel.
396     7.  The granting, denial, suspension, or revocation of any
397license or permit issued by the department.
398     Section 2.  Subsection (14) of section 112.061, Florida
399Statutes, is amended to read:
400     112.061  Per diem and travel expenses of public officers,
401employees, and authorized persons.--
402     (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
403SCHOOL BOARDS, AND SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
404ORGANIZATIONS.--
405     (a)  The following entities may establish rates that vary
406from the per diem rate provided in paragraph (6)(a), the
407subsistence rates provided in paragraph (6)(b), or the mileage
408rate provided in paragraph (7)(d) if those rates are not less
409than the statutorily established rates that are in effect for
410the 2005-2006 fiscal year:
411     1.  The governing body of a county by the enactment of an
412ordinance or resolution;
413     2.  A county constitutional officer, pursuant to s. 1(d),
414Art. VIII of the State Constitution, by the establishment of
415written policy;
416     3.  The governing body of a district school board by the
417adoption of rules; or
418     4.  The governing body of a special district, as defined in
419s. 189.403(1), except those special districts that are subject
420to s. 166.021(10), by the enactment of a resolution; or
421     5.  Any metropolitan planning organization created pursuant
422to s. 339.175 or any other separate legal or administrative
423entity created pursuant to s. 339.175 of which a metropolitan
424planning organization is a member, by the enactment of a
425resolution.
426     (b)  Rates established pursuant to paragraph (a) must apply
427uniformly to all travel by the county, county constitutional
428officer and entity governed by that officer, district school
429board, or special district, or metropolitan planning
430organization.
431     (c)  Except as otherwise provided in this subsection,
432counties, county constitutional officers and entities governed
433by those officers, district school boards, and special
434districts, and metropolitan planning organizations, other than
435those subject to s. 166.021(10), remain subject to the
436requirements of this section.
437     Section 3.  Subsection (1) of section 120.52, Florida
438Statutes, is amended to read:
439     120.52  Definitions.--As used in this act:
440     (1)  "Agency" means:
441     (a)  The Governor in the exercise of all executive powers
442other than those derived from the constitution.
443     (b)  Each:
444     1.  State officer and state department, and each
445departmental unit described in s. 20.04.
446     2.  Authority, including a regional water supply authority.
447     3.  Board.
448     4.  Commission, including the Commission on Ethics and the
449Fish and Wildlife Conservation Commission when acting pursuant
450to statutory authority derived from the Legislature.
451     5.  Regional planning agency.
452     6.  Multicounty special district with a majority of its
453governing board comprised of nonelected persons.
454     7.  Educational units.
455     8.  Entity described in chapters 163, 373, 380, and 582 and
456s. 186.504.
457     (c)  Each other unit of government in the state, including
458counties and municipalities, to the extent they are expressly
459made subject to this act by general or special law or existing
460judicial decisions.
461
462This definition does not include any legal entity or agency
463created in whole or in part pursuant to chapter 361, part II,
464any metropolitan planning organization created pursuant to s.
465339.175, any separate legal or administrative entity created
466pursuant to s. 339.175 of which a metropolitan planning
467organization is a member, an expressway authority pursuant to
468chapter 348 or transportation authority under chapter 349, any
469legal or administrative entity created by an interlocal
470agreement pursuant to s. 163.01(7), unless any party to such
471agreement is otherwise an agency as defined in this subsection,
472or any multicounty special district with a majority of its
473governing board comprised of elected persons; however, this
474definition shall include a regional water supply authority.
475     Section 4.  Subsection (3) of section 349.03, Florida
476Statutes, is amended to read:
477     349.03  Jacksonville Transportation Authority.--
478     (3)  The terms of appointed members shall be for 4 years
479deemed to have commenced on June 1 of the year in which they are
480appointed. Each member shall hold office until a successor has
481been appointed and has qualified. A vacancy during a term shall
482be filled by the respective appointing authority only for the
483balance of the unexpired term. Any member appointed to the
484authority for two consecutive full terms shall not be eligible
485for appointment to the next succeeding term. One of the members
486so appointed shall be designated annually by the members as
487chair of the authority, one member shall be designated annually
488as the vice chair of the authority, one member shall be
489designated annually as the secretary of the authority, and one
490member shall be designated annually as the treasurer of the
491authority. The members of the authority shall not be entitled to
492compensation, but shall be reimbursed for travel expenses or
493other expenses actually incurred in their duties as provided by
494law. Four voting members of the authority shall constitute a
495quorum, and no resolution adopted by the authority shall become
496effective unless with the affirmative vote of at least four
497members. The authority shall may employ an executive director,
498and the executive director may hire such staff, permanent or
499temporary, as he or she may determine and may organize the staff
500of the authority into such departments and units as he or she
501may determine divisions as it deems necessary. The executive
502director It may appoint department directors, deputy directors,
503division chiefs, and staff assistants to the executive director,
504as he or she may determine. In so appointing the executive
505director, the authority may fix the compensation of such
506appointee those appointees, who shall serve at the pleasure of
507the authority. All employees of the authority shall be exempt
508from the provisions of part II of chapter 110. The authority may
509employ such financial advisers and consultants, technical
510experts, engineers, and agents and employees, permanent or
511temporary, as it may require and may fix the compensation and
512qualifications of such persons, firms, or corporations. The
513authority may delegate to one or more of its agents or employees
514such of its powers as it shall deem necessary to carry out the
515purposes of this chapter, subject always to the supervision and
516control of the governing body of the authority.
517     Section 5.  Paragraph (n) is added to subsection (2) of
518section 349.04, Florida Statutes, to read:
519     349.04  Purposes and powers.--
520     (2)  The authority is hereby granted, and shall have and
521may exercise all powers necessary, appurtenant, convenient, or
522incidental to the carrying out of the aforesaid purposes,
523including, but without being limited to, the right and power:
524     (n)  To adopt rules to carry out the powers and obligations
525herein granted, which set forth a purpose, necessary
526definitions, forms, general conditions and procedures, and fines
527and penalties, including, without limitation, suspension or
528debarment, and charges for nonperformance, with respect to any
529aspect of the work or function of the authority for the
530permitting, planning, funding, design, acquisition,
531construction, equipping, operation, and maintenance of
532transportation facilities, transit and highway, within the
533state, provided or operated by the authority or others in
534cooperation with or at the direction of the authority, and for
535carrying out all other purposes of the authority set forth or
536authorized in this chapter.
537     Section 6.  Subsection (11), paragraph (a) of subsection
538(42), and paragraph (b) of subsection (52) of section 121.021,
539Florida Statutes, are amended, and subsection (62) is added to
540that section, to read:
541     121.021  Definitions.--The following words and phrases as
542used in this chapter have the respective meanings set forth
543unless a different meaning is plainly required by the context:
544     (11)  "Officer or employee" means any person receiving
545salary payments for work performed in a regularly established
546position and, if employed by a city, a metropolitan planning
547organization, or a special district, employed in a covered
548group.
549     (42)(a)  "Local agency employer" means the board of county
550commissioners or other legislative governing body of a county,
551however styled, including that of a consolidated or metropolitan
552government; a clerk of the circuit court, sheriff, property
553appraiser, tax collector, or supervisor of elections, provided
554such officer is elected or has been appointed to fill a vacancy
555in an elective office; a community college board of trustees or
556district school board; or the governing body of any city,
557metropolitan planning organization created pursuant to s.
558339.175 or any other separate legal or administrative entity
559created pursuant to s. 339.175, or special district of the state
560which participates in the system for the benefit of certain of
561its employees.
562     (52)  "Regularly established position" is defined as
563follows:
564     (b)  In a local agency (district school board, county
565agency, community college, city, metropolitan planning
566organization, or special district), the term means a regularly
567established position which will be in existence for a period
568beyond 6 consecutive months, except as provided by rule.
569     (62)  "Metropolitan planning organization" means an entity
570created by an interlocal agreement pursuant to s. 339.175 or any
571other entity created pursuant to s. 339.175.
572     Section 7.  Paragraph (b) of subsection (2) of section
573121.051, Florida Statutes, is amended to read:
574     121.051  Participation in the system.--
575     (2)  OPTIONAL PARTICIPATION.--
576     (b)1.  The governing body of any municipality, metropolitan
577planning organization, or special district in the state may
578elect to participate in the system upon proper application to
579the administrator and may cover all or any of its units as
580approved by the Secretary of Health and Human Services and the
581administrator. The department shall adopt rules establishing
582provisions for the submission of documents necessary for such
583application. Prior to being approved for participation in the
584Florida Retirement System, the governing body of any such
585municipality, metropolitan planning organization, or special
586district that has a local retirement system shall submit to the
587administrator a certified financial statement showing the
588condition of the local retirement system as of a date within 3
589months prior to the proposed effective date of membership in the
590Florida Retirement System. The statement must be certified by a
591recognized accounting firm that is independent of the local
592retirement system. All required documents necessary for
593extending Florida Retirement System coverage must be received by
594the department for consideration at least 15 days prior to the
595proposed effective date of coverage. If the municipality,
596metropolitan planning organization, or special district does not
597comply with this requirement, the department may require that
598the effective date of coverage be changed.
599     2.  Any city, metropolitan planning organization, or
600special district that has an existing retirement system covering
601the employees in the units that are to be brought under the
602Florida Retirement System may participate only after holding a
603referendum in which all employees in the affected units have the
604right to participate. Only those employees electing coverage
605under the Florida Retirement System by affirmative vote in said
606referendum shall be eligible for coverage under this chapter,
607and those not participating or electing not to be covered by the
608Florida Retirement System shall remain in their present systems
609and shall not be eligible for coverage under this chapter. After
610the referendum is held, all future employees shall be compulsory
611members of the Florida Retirement System.
612     3.  The governing body of any city, metropolitan planning
613organization, or special district complying with subparagraph 1.
614may elect to provide, or not provide, benefits based on past
615service of officers and employees as described in s. 121.081(1).
616However, if such employer elects to provide past service
617benefits, such benefits must be provided for all officers and
618employees of its covered group.
619     4.  Once this election is made and approved it may not be
620revoked, except pursuant to subparagraphs 5. and 6., and all
621present officers and employees electing coverage under this
622chapter and all future officers and employees shall be
623compulsory members of the Florida Retirement System.
624     5.  Subject to the conditions set forth in subparagraph 6.,
625the governing body of any hospital licensed under chapter 395
626which is governed by the board of a special district as defined
627in s. 189.403(1) or by the board of trustees of a public health
628trust created under s. 154.07, hereinafter referred to as
629"hospital district," and which participates in the system, may
630elect to cease participation in the system with regard to future
631employees in accordance with the following procedure:
632     a.  No more than 30 days and at least 7 days before
633adopting a resolution to partially withdraw from the Florida
634Retirement System and establish an alternative retirement plan
635for future employees, a public hearing must be held on the
636proposed withdrawal and proposed alternative plan.
637     b.  From 7 to 15 days before such hearing, notice of intent
638to withdraw, specifying the time and place of the hearing, must
639be provided in writing to employees of the hospital district
640proposing partial withdrawal and must be published in a
641newspaper of general circulation in the area affected, as
642provided by ss. 50.011-50.031. Proof of publication of such
643notice shall be submitted to the Department of Management
644Services.
645     c.  The governing body of any hospital district seeking to
646partially withdraw from the system must, before such hearing,
647have an actuarial report prepared and certified by an enrolled
648actuary, as defined in s. 112.625(3), illustrating the cost to
649the hospital district of providing, through the retirement plan
650that the hospital district is to adopt, benefits for new
651employees comparable to those provided under the Florida
652Retirement System.
653     d.  Upon meeting all applicable requirements of this
654subparagraph, and subject to the conditions set forth in
655subparagraph 6., partial withdrawal from the system and adoption
656of the alternative retirement plan may be accomplished by
657resolution duly adopted by the hospital district board. The
658hospital district board must provide written notice of such
659withdrawal to the division by mailing a copy of the resolution
660to the division, postmarked no later than December 15, 1995. The
661withdrawal shall take effect January 1, 1996.
662     6.  Following the adoption of a resolution under sub-
663subparagraph 5.d., all employees of the withdrawing hospital
664district who were participants in the Florida Retirement System
665prior to January 1, 1996, shall remain as participants in the
666system for as long as they are employees of the hospital
667district, and all rights, duties, and obligations between the
668hospital district, the system, and the employees shall remain in
669full force and effect. Any employee who is hired or appointed on
670or after January 1, 1996, may not participate in the Florida
671Retirement System, and the withdrawing hospital district shall
672have no obligation to the system with respect to such employees.
673     Section 8.  Paragraph (l) is added to subsection (1) of
674section 121.055, Florida Statutes, to read:
675     121.055  Senior Management Service Class.--There is hereby
676established a separate class of membership within the Florida
677Retirement System to be known as the "Senior Management Service
678Class," which shall become effective February 1, 1987.
679     (1)
680     (l)  For each metropolitan planning organization that has
681opted to become part of the Florida Retirement System,
682participation in the Senior Management Service Class shall be
683compulsory for the executive director or staff director of that
684metropolitan planning organization.
685     Section 9.  Paragraphs (a) and (c) of subsection (2) of
686section 121.061, Florida Statutes, are amended to read:
687     121.061  Funding.--
688     (2)(a)  Should any employer other than a state employer
689fail to make the retirement and social security contributions,
690both member and employer contributions, required by this
691chapter, then, upon request by the administrator, the Department
692of Revenue or the Department of Financial Services, as the case
693may be, shall deduct the amount owed by the employer from any
694funds to be distributed by it to the county, city, metropolitan
695planning organization, special district, or consolidated form of
696government. The amounts so deducted shall be transferred to the
697administrator for further distribution to the trust funds in
698accordance with this chapter.
699     (c)  The governing body of each county, city, metropolitan
700planning organization, special district, or consolidated form of
701government participating under this chapter or the
702administrator, acting individually or jointly, is hereby
703authorized to file and maintain an action in the courts of the
704state to require any employer to remit any retirement or social
705security member contributions or employer matching payments due
706the retirement or social security trust funds under the
707provisions of this chapter.
708     Section 10.  Paragraphs (a), (b), and (e) of subsection (1)
709of section 121.081, Florida Statutes, are amended to read:
710     121.081  Past service; prior service; contributions.--
711Conditions under which past service or prior service may be
712claimed and credited are:
713     (1)(a)  Past service, as defined in s. 121.021(18), may be
714claimed as creditable service by officers or employees of a
715city, metropolitan planning organization, or special district
716that become a covered group under this system. The governing
717body of a covered group in compliance with s. 121.051(2)(b) may
718elect to provide benefits with respect to past service earned
719prior to January 1, 1975, in accordance with this chapter, and
720the cost for such past service shall be established by applying
721the following formula: The member contribution for both regular
722and special risk members shall be 4 percent of the gross annual
723salary for each year of past service claimed, plus 4-percent
724employer matching contribution, plus 4 percent interest thereon
725compounded annually, figured on each year of past service, with
726interest compounded from date of annual salary earned until July
7271, 1975, and 6.5 percent interest compounded annually thereafter
728until date of payment. Once the total cost for a member has been
729figured to date, then after July 1, 1975, 6.5 percent compounded
730interest shall be added each June 30 thereafter on any unpaid
731balance until the cost of such past service liability is paid in
732full. The following formula shall be used in calculating past
733service earned prior to January 1, 1975: (Annual gross salary
734multiplied by 8 percent) multiplied by the 4 percent or 6.5
735percent compound interest table factor, as may be applicable.
736The resulting product equals cost to date for each particular
737year of past service.
738     (b)  Past service earned after January 1, 1975, may be
739claimed by officers or employees of a city, metropolitan
740planning organization, or special district that becomes a
741covered group under this system. The governing body of a covered
742group may elect to provide benefits with respect to past service
743earned after January 1, 1975, in accordance with this chapter,
744and the cost for such past service shall be established by
745applying the following formula: The employer shall contribute an
746amount equal to the contribution rate in effect at the time the
747service was earned, multiplied by the employee's gross salary
748for each year of past service claimed, plus 6.5 percent interest
749thereon, compounded annually, figured on each year of past
750service, with interest compounded from date of annual salary
751earned until date of payment.
752     (e)  Past service, as defined in s. 121.021(18), may be
753claimed as creditable service by a member of the Florida
754Retirement System who formerly was an officer or employee of a
755city, metropolitan planning organization, or special district,
756notwithstanding the status or form of the retirement system, if
757any, of that city, metropolitan planning organization, or
758special district and irrespective of whether officers or
759employees of that city, metropolitan planning organization, or
760special district now or hereafter become a covered group under
761the Florida Retirement System. Such member may claim creditable
762service and be entitled to the benefits accruing to the regular
763class of members as provided for the past service claimed under
764this paragraph by paying into the retirement trust fund an
765amount equal to the total actuarial cost of providing the
766additional benefit resulting from such past-service credit,
767discounted by the applicable actuarial factors to date of
768retirement.
769     Section 11.  Paragraph (e) is added to subsection (15) of
770section 163.3180, Florida Statutes, to read:
771     163.3180  Concurrency.--
772     (15)
773     (e)  By December 1, 2007, the Department of Transportation,
774in consultation with the state land planning agency and
775interested local governments, may designate a study area for
776conducting a pilot project to determine the benefits of and
777barriers to establishing a regional multimodal transportation
778concurrency district that extends over more than one local
779government jurisdiction. If designated:
780     1.  The study area must be in a county that has a
781population of at least 1,000 persons per square mile, be within
782an urban service area, and have the consent of the local
783governments within the study area. The Department of
784Transportation and the state land planning agency shall provide
785technical assistance.
786     2.  The local governments within the study area and the
787Department of Transportation, in consultation with the state
788land planning agency, shall cooperatively create a multimodal
789transportation plan that meets the requirements of this section.
790The multimodal transportation plan must include viable local
791funding options and incorporate community design features,
792including a range of mixed land uses and densities and
793intensities, which will reduce the number of automobile trips or
794vehicle miles of travel while supporting an integrated,
795multimodal transportation system.
796     3.  To effectuate the multimodal transportation concurrency
797district, participating local governments may adopt appropriate
798comprehensive plan amendments.
799     4.  The Department of Transportation, in consultation with
800the state land planning agency, shall submit a report by March
8011, 2009, to the Governor, the President of the Senate, and the
802Speaker of the House of Representatives on the status of the
803pilot project. The report must identify any factors that support
804or limit the creation and success of a regional multimodal
805transportation district including intergovernmental
806coordination.
807     Section 12.  Section 163.3182, Florida Statutes, is created
808to read:
809     163.3182  Transportation concurrency backlogs.--
810     (1)  DEFINITIONS.--For purposes of this section, the term:
811     (a)  "Transportation concurrency backlog area" means the
812geographic area within the unincorporated portion of a county or
813within the municipal boundary of a municipality designated in a
814local government comprehensive plan for which a transportation
815concurrency backlog authority is created pursuant to this
816section. A transportation concurrency backlog area created
817within the corporate boundary of a municipality shall be made
818pursuant to an interlocal agreement between a county, a
819municipality or municipalities, and any affected taxing
820authority or authorities.
821     (b)  "Authority" or "transportation concurrency backlog
822authority" means the governing body of a county or municipality
823within which an authority is created.
824     (c)  "Governing body" means the council, commission, or
825other legislative body charged with governing the county or
826municipality within which a transportation concurrency backlog
827authority is created pursuant to this section.
828     (d)  "Transportation concurrency backlog" means an
829identified deficiency where the existing extent of traffic
830volume exceeds the level of service standard adopted in a local
831government comprehensive plan for a transportation facility.
832     (e)  "Transportation concurrency backlog plan" means the
833plan adopted as part of a local government comprehensive plan by
834the governing body of a county or municipality acting as a
835transportation concurrency backlog authority.
836     (f)  "Transportation concurrency backlog project" means any
837designated transportation project identified for construction
838within the jurisdiction of a transportation concurrency backlog
839authority.
840     (g)  "Debt service millage" means any millage levied
841pursuant to s. 12, Art. VII of the State Constitution.
842     (h)  "Increment revenue" means the amount calculated
843pursuant to subsection (5).
844     (i)  "Taxing authority" means a public body that levies or
845is authorized to levy an ad valorem tax on real property located
846within a transportation concurrency backlog area, except a
847school district.
848     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
849AUTHORITIES.--
850     (a)  A county or municipality may create a transportation
851concurrency backlog authority if it has an identified
852transportation concurrency backlog.
853     (b)  Acting as the transportation concurrency backlog
854authority within the authority's jurisdictional boundary, the
855governing body of a county or municipality shall adopt and
856implement a plan to eliminate all identified transportation
857concurrency backlogs within the authority's jurisdiction using
858funds provided pursuant to subsection (5) and as otherwise
859provided pursuant to this section.
860     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
861AUTHORITY.--Each transportation concurrency backlog authority
862has the powers necessary or convenient to carry out the purposes
863of this section, including the following powers in addition to
864others granted in this section:
865     (a)  To make and execute contracts and other instruments
866necessary or convenient to the exercise of its powers under this
867section.
868     (b)  To undertake and carry out transportation concurrency
869backlog projects for transportation facilities that have a
870concurrency backlog within the authority's jurisdiction.
871Concurrency backlog projects may include transportation
872facilities that provide for alternative modes of travel
873including sidewalks, bikeways, and mass transit which are
874related to a backlogged transportation facility.
875     (c)  To invest any transportation concurrency backlog funds
876held in reserve, sinking funds, or any such funds not required
877for immediate disbursement in property or securities in which
878savings banks may legally invest funds subject to the control of
879the authority and to redeem such bonds as have been issued
880pursuant to this section at the redemption price established
881therein, or to purchase such bonds at less than redemption
882price. All such bonds redeemed or purchased shall be canceled.
883     (d)  To borrow money, apply for and accept advances, loans,
884grants, contributions, and any other forms of financial
885assistance from the Federal Government or the state, county, or
886any other public body or from any sources, public or private,
887for the purposes of this part, to give such security as may be
888required, to enter into and carry out contracts or agreements,
889and to include in any contracts for financial assistance with
890the Federal Government for or with respect to a transportation
891concurrency backlog project and related activities such
892conditions imposed pursuant to federal laws as the
893transportation concurrency backlog authority considers
894reasonable and appropriate and which are not inconsistent with
895the purposes of this section.
896     (e)  To make or have made all surveys and plans necessary
897to the carrying out of the purposes of this section, to contract
898with any persons, public or private, in making and carrying out
899such plans, and to adopt, approve, modify, or amend such
900transportation concurrency backlog plans.
901     (f)  To appropriate such funds and make such expenditures
902as are necessary to carry out the purposes of this section, and
903to enter into agreements with other public bodies, which
904agreements may extend over any period notwithstanding any
905provision or rule of law to the contrary.
906     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
907     (a)  Each transportation concurrency backlog authority
908shall adopt a transportation concurrency backlog plan as a part
909of the local government comprehensive plan within 6 months after
910the creation of the authority. The plan shall:
911     1.  Identify all transportation facilities that have been
912designated as deficient and require the expenditure of moneys to
913upgrade, modify, or mitigate the deficiency.
914     2.  Include a priority listing of all transportation
915facilities that have been designated as deficient and do not
916satisfy concurrency requirements pursuant to s. 163.3180, and
917the applicable local government comprehensive plan.
918     3.  Establish a schedule for financing and construction of
919transportation concurrency backlog projects that will eliminate
920transportation concurrency backlogs within the jurisdiction of
921the authority within 10 years after the transportation
922concurrency backlog plan adoption. The schedule shall be adopted
923as part of the local government comprehensive plan.
924     (b)  The adoption of the transportation concurrency backlog
925plan shall be exempt from the provisions of s. 163.3187(1).
926     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
927concurrency backlog authority shall establish a local
928transportation concurrency backlog trust fund upon creation of
929the authority. Each local trust fund shall be administered by
930the transportation concurrency backlog authority within which a
931transportation concurrency backlog has been identified.
932Beginning in the first fiscal year after the creation of the
933authority, each local trust fund shall be funded by the proceeds
934of an ad valorem tax increment collected within each
935transportation concurrency backlog area to be determined
936annually and shall be 25 percent of the difference between:
937     (a)  The amount of ad valorem tax levied each year by each
938taxing authority, exclusive of any amount from any debt service
939millage, on taxable real property contained within the
940jurisdiction of the transportation concurrency backlog authority
941and within the transportation backlog area; and
942     (b)  The amount of ad valorem taxes which would have been
943produced by the rate upon which the tax is levied each year by
944or for each taxing authority, exclusive of any debt service
945millage, upon the total of the assessed value of the taxable
946real property within the transportation concurrency backlog area
947as shown on the most recent assessment roll used in connection
948with the taxation of such property of each taxing authority
949prior to the effective date of the ordinance funding the trust
950fund.
951     (6)  EXEMPTIONS.--
952     (a)  The following public bodies or taxing authorities are
953exempt from the provision of this section:
954     1.  A special district that levies ad valorem taxes on
955taxable real property in more than one county.
956     2.  Special district for which the sole available source of
957revenue is the authority to levy ad valorem taxes at the time an
958ordinance is adopted under this section. However, revenues or
959aid that may be dispensed or appropriated to a district as
960defined in s. 388.011 at the discretion of an entity other than
961such district shall not be deemed available.
962     3.  A library district.
963     4.  A neighborhood improvement district created under the
964Safe Neighborhoods Act.
965     5.  A metropolitan transportation authority.
966     6.  A water management district created under s. 373.069.
967     7.  A community redevelopment agency.
968     (b)  A transportation concurrency exemption authority may
969also exempt from this section a special district that levies ad
970valorem taxes within the transportation concurrency backlog area
971pursuant to s. 163.387(2)(d).
972     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
973adoption of a transportation concurrency backlog plan as a part
974of the local government comprehensive plan, and the plan going
975into effect, the area subject to the plan shall be deemed to
976have achieved and maintained transportation level of service
977standards, and to have met requirements for financial
978feasibility for transportation facilities, and for the purpose
979of proposed development transportation concurrency has been
980satisfied. Proportionate fair share mitigation shall be limited
981to ensure that a development inside a transportation concurrency
982backlog area is not responsible for the additional costs of
983eliminating backlogs.
984     (8)  DISSOLUTION.--Upon completion of all transportation
985concurrency backlog projects, a transportation concurrency
986backlog authority shall be dissolved and its assets and
987liabilities shall be transferred to the county or municipality
988within which the authority is located. All remaining assets of
989the authority must be used for implementation of transportation
990projects within the jurisdiction of the authority. The local
991government comprehensive plan shall be amended to remove the
992transportation concurrency backlog plan.
993     Section 13.  Subsection (14) is added to section 163.3191,
994Florida Statutes, to read:
995     163.3191  Evaluation and appraisal of comprehensive plan.--
996     (14)  The requirement of subsection (10) prohibiting a
997local government from adopting amendments to the local
998comprehensive plan until the evaluation and appraisal report
999update amendments have been adopted and transmitted to the state
1000land planning agency does not apply to a plan amendment proposed
1001for adoption by the appropriate local government as defined in
1002s. 163.3178(2)(k) in order to integrate a port comprehensive
1003master plan with the coastal management element of the local
1004comprehensive plan as required by s. 163.3178(2)(k) if the port
1005comprehensive master plan or the proposed plan amendment does
1006not cause or contribute to the failure of the local government
1007to comply with the requirements of the evaluation and appraisal
1008report.
1009     Section 14.  Paragraph (e) of subsection (2) of section
1010212.055, Florida Statutes, are amended to read:
1011     212.055  Discretionary sales surtaxes; legislative intent;
1012authorization and use of proceeds.--It is the legislative intent
1013that any authorization for imposition of a discretionary sales
1014surtax shall be published in the Florida Statutes as a
1015subsection of this section, irrespective of the duration of the
1016levy.  Each enactment shall specify the types of counties
1017authorized to levy; the rate or rates which may be imposed; the
1018maximum length of time the surtax may be imposed, if any; the
1019procedure which must be followed to secure voter approval, if
1020required; the purpose for which the proceeds may be expended;
1021and such other requirements as the Legislature may provide.  
1022Taxable transactions and administrative procedures shall be as
1023provided in s. 212.054.
1024     (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
1025     (e)  School districts, counties, and municipalities
1026receiving proceeds under the provisions of this subsection may
1027pledge such proceeds for the purpose of servicing new bond
1028indebtedness incurred pursuant to law. Local governments may use
1029the services of the Division of Bond Finance of the State Board
1030of Administration pursuant to the State Bond Act to issue any
1031bonds through the provisions of this subsection. In no case may
1032a jurisdiction issue bonds pursuant to this subsection more
1033frequently than once per year. Counties and municipalities may
1034join together for the issuance of bonds authorized by this
1035subsection.
1036     Section 15.  Subsection (1) of section 215.615, Florida
1037Statutes, is amended to read:
1038     215.615  Fixed-guideway transportation systems funding.--
1039     (1)  The issuance of revenue bonds by the Division of Bond
1040Finance, on behalf of the Department of Transportation, pursuant
1041to s. 11, Art. VII of the State Constitution, is authorized,
1042pursuant to the State Bond Act, to finance or refinance fixed
1043capital expenditures for fixed-guideway transportation systems,
1044as defined in s. 341.031, including facilities appurtenant
1045thereto, costs of issuance, and other amounts relating to such
1046financing or refinancing. Such revenue bonds shall be matched on
1047a 50-50 basis with funds from sources other than revenues of the
1048Department of Transportation, in a manner acceptable to the
1049Department of Transportation. The Division of Bond Finance is
1050authorized to consider innovative financing techniques,
1051technologies which may include, but are not limited to,
1052innovative bidding and structures of potential financings
1053findings that may result in negotiated transactions. The
1054following conditions apply to the issuance of revenue bonds for
1055fixed-guideway transportation systems:
1056     (a)  The department and any participating commuter rail
1057authority or regional transportation authority established under
1058chapter 343, local governments, or local governments
1059collectively by interlocal agreement having jurisdiction of a
1060fixed-guideway transportation system may enter into an
1061interlocal agreement to promote the efficient and cost-effective
1062financing or refinancing of fixed-guideway transportation system
1063projects by revenue bonds issued pursuant to this subsection.
1064The terms of such interlocal agreements shall include provisions
1065for the Department of Transportation to request the issuance of
1066the bonds on behalf of the parties; shall provide that after
1067reimbursement pursuant to interlocal agreement, the department's
1068share may be up to 50 percent of the eligible project cost,
1069which may include a share of annual each party to the agreement
1070is contractually liable for an equal share of funding an amount
1071equal to the debt service requirements of such bonds; and shall
1072include any other terms, provisions, or covenants necessary to
1073the making of and full performance under such interlocal
1074agreement. Repayments made to the department under any
1075interlocal agreement are not pledged to the repayment of bonds
1076issued hereunder, and failure of the local governmental
1077authority to make such payment shall not affect the obligation
1078of the department to pay debt service on the bonds.
1079     (b)  Revenue bonds issued pursuant to this subsection shall
1080not constitute a general obligation of, or a pledge of the full
1081faith and credit of, the State of Florida. Bonds issued pursuant
1082to this section shall be payable from funds available pursuant
1083to s. 206.46(3), or other funds available to the project,
1084subject to annual appropriation. The amount of revenues
1085available for debt service shall never exceed a maximum of 2
1086percent of all state revenues deposited into the State
1087Transportation Trust Fund.
1088     (c)  The projects to be financed or refinanced with the
1089proceeds of the revenue bonds issued hereunder are designated as
1090state fixed capital outlay projects for purposes of s. 11(d),
1091Art. VII of the State Constitution, and the specific projects to
1092be financed or refinanced shall be determined by the Department
1093of Transportation in accordance with state law and
1094appropriations from the State Transportation Trust Fund. Each
1095project to be financed with the proceeds of the bonds issued
1096pursuant to this subsection must first be approved by the
1097Legislature by an act of general law.
1098     (d)  Any complaint for validation of bonds issued pursuant
1099to this section shall be filed in the circuit court of the
1100county where the seat of state government is situated, the
1101notice required to be published by s. 75.06 shall be published
1102only in the county where the complaint is filed, and the
1103complaint and order of the circuit court shall be served only on
1104the state attorney of the circuit in which the action is
1105pending.
1106     (e)  The state does hereby covenant with holders of such
1107revenue bonds or other instruments of indebtedness issued
1108hereunder, that it will not repeal or impair or amend these
1109provisions in any manner that will materially and adversely
1110affect the rights of such holders as long as bonds authorized by
1111this subsection are outstanding.
1112     (f)  This subsection supersedes any inconsistent provisions
1113in existing law.
1114
1115Notwithstanding this subsection, the lien of revenue bonds
1116issued pursuant to this subsection on moneys deposited into the
1117State Transportation Trust Fund shall be subordinate to the lien
1118on such moneys of bonds issued under ss. 215.605, 320.20, and
1119215.616, and any pledge of such moneys to pay operating and
1120maintenance expenses under s. 206.46(5) and chapter 348, as may
1121be amended.
1122     Section 16.  Subsection (1) of section 311.22, Florida
1123Statutes, is amended to read:
1124     311.22  Additional authorization for funding certain
1125dredging projects.--
1126     (1)  The Florida Seaport Transportation and Economic
1127Development Council shall establish a program to fund dredging
1128projects in counties having a population of fewer than 300,000
1129according to the last official census. Funds made available
1130under this program may be used to fund approved projects for the
1131dredging or deepening of channels, turning basins, or harbors on
1132a 25-percent local 50-50 matching basis with any port authority,
1133as such term is defined in s. 315.02(2), which complies with the
1134permitting requirements in part IV of chapter 373 and the local
1135financial management and reporting provisions of part III of
1136chapter 218.
1137     Section 17.  Section 316.2123, Florida Statutes, is amended
1138to read:
1139     316.2123  Operation of an ATV on certain roadways.--
1140     (1)  The operation of an ATV, as defined in s. 317.0003,
1141upon the public roads or streets of this state is prohibited,
1142except that an ATV may be operated during the daytime on an
1143unpaved roadway where the posted speed limit is less than 35
1144miles per hour by a licensed driver or by a minor under the
1145supervision of a licensed driver. The operator must provide
1146proof of ownership pursuant to chapter 317 upon request by a law
1147enforcement officer.
1148     (2)  A county is exempt from this section if the governing
1149body of the county, by majority vote, following a noticed public
1150hearing, votes to exempt the county from this section.
1151Alternatively, a county may, by majority vote after such a
1152hearing, designate certain unpaved roadways where an ATV may be
1153operated during the daytime as long as each such designated
1154roadway has a posted speed limit of less than 35 miles per hour
1155and is appropriately marked to indicate permissible ATV use.
1156     (3)  Any ATV operation that is permitted under subsection
1157(1) or subsection (2) may be undertaken only by a licensed
1158driver or a minor who is under the direct supervision of a
1159licensed driver. The operator must provide proof of ownership
1160under chapter 317 upon the request of a law enforcement officer.
1161     Section 18.  Subsection (1) of section 316.605, Florida
1162Statutes, is amended to read:
1163     316.605  Licensing of vehicles.--
1164     (1)  Every vehicle, at all times while driven, stopped, or
1165parked upon any highways, roads, or streets of this state, shall
1166be licensed in the name of the owner thereof in accordance with
1167the laws of this state unless such vehicle is not required by
1168the laws of this state to be licensed in this state and shall,
1169except as otherwise provided in s. 320.0706 for front-end
1170registration license plates on truck tractors and s. 320.086(5)
1171which exempts display of license plates on described former
1172military vehicles, display the license plate or both of the
1173license plates assigned to it by the state, one on the rear and,
1174if two, the other on the front of the vehicle, each to be
1175securely fastened to the vehicle outside the main body of the
1176vehicle not higher than 60 inches and not lower than 12 inches
1177from the ground and no more than 24 inches to the left or right
1178of the centerline of the vehicle, and in such manner as to
1179prevent the plates from swinging, and all letters, numerals,
1180printing, writing, and other identification marks upon the
1181plates regarding the word "Florida," the registration decal, and
1182the alphanumeric designation shall be clear and distinct and
1183free from defacement, mutilation, grease, and other obscuring
1184matter, so that they will be plainly visible and legible at all
1185times 100 feet from the rear or front. Vehicle license plates
1186shall be affixed and displayed in such a manner that the letters
1187and numerals shall be read from left to right parallel to the
1188ground. No vehicle license plate may be displayed in an inverted
1189or reversed position or in such a manner that the letters and
1190numbers and their proper sequence are not readily identifiable.
1191Nothing shall be placed upon the face of a Florida plate except
1192as permitted by law or by rule or regulation of a governmental
1193agency. No license plates other than those furnished by the
1194state shall be used. However, if the vehicle is not required to
1195be licensed in this state, the license plates on such vehicle
1196issued by another state, by a territory, possession, or district
1197of the United States, or by a foreign country, substantially
1198complying with the provisions hereof, shall be considered as
1199complying with this chapter. A violation of this subsection is a
1200noncriminal traffic infraction, punishable as a nonmoving
1201violation as provided in chapter 318.
1202     Section 19.  Paragraph (b) of subsection (3) of section
1203316.650, Florida Statutes, is amended to read:
1204     316.650  Traffic citations.--
1205     (3)
1206     (b)  If a traffic citation is issued pursuant to s.
1207316.1001, a traffic enforcement officer may deposit the original
1208and one copy of such traffic citation or, in the case of a
1209traffic enforcement agency that has an automated citation
1210system, may provide an electronic facsimile with a court having
1211jurisdiction over the alleged offense or with its traffic
1212violations bureau within 45 days after the date of issuance of
1213the citation to the violator. If the person cited for the
1214violation of s. 316.1001 makes the election provided by s.
1215318.14(12) and pays the $25 fine, or such other amount as
1216imposed by the governmental entity owning the applicable toll
1217facility, plus the amount of the unpaid toll that is shown on
1218the traffic citation directly to the governmental entity that
1219issued the citation, or on whose behalf the citation was issued,
1220in accordance with s. 318.14(12), the traffic citation will not
1221be submitted to the court, the disposition will be reported to
1222the department by the governmental entity that issued the
1223citation, or on whose behalf the citation was issued, and no
1224points will be assessed against the person's driver's license.
1225     Section 20.  Subsection (12) of section 318.14, Florida
1226Statutes, is amended to read:
1227     318.14  Noncriminal traffic infractions; exception;
1228procedures.--
1229     (12)  Any person cited for a violation of s. 316.1001 may,
1230in lieu of making an election as set forth in subsection (4) or
1231s. 318.18(7), elect to pay a his or her fine of $25, or such
1232other amount as imposed by the governmental entity owning the
1233applicable toll facility, plus the amount of the unpaid toll
1234that is shown on the traffic citation directly to the
1235governmental entity that issued the citation, or on whose behalf
1236the citation was issued, within 30 days after the date of
1237issuance of the citation. Any person cited for a violation of s.
1238316.1001 who does not elect to pay the fine imposed by the
1239governmental entity owning the applicable toll facility plus the
1240amount of the unpaid toll that is shown on the traffic citation
1241directly to the governmental entity that issued the citation, or
1242on whose behalf the citation was issued, as described in this
1243subsection section shall have an additional 45 days after the
1244date of the issuance of the citation in which to request a court
1245hearing or to pay the civil penalty and delinquent fee, if
1246applicable, as provided in s. 318.18(7), either by mail or in
1247person, in accordance with subsection (4).
1248     Section 21.  Section 318.18, Florida Statutes, is amended
1249to read:
1250     318.18  Amount of civil penalties.--The penalties required
1251for a noncriminal disposition pursuant to s. 318.14 or a
1252criminal offense listed in s. 318.17 are as follows:
1253     (1)  Fifteen dollars for:
1254     (a)  All infractions of pedestrian regulations.
1255     (b)  All infractions of s. 316.2065, unless otherwise
1256specified.
1257     (c)  Other violations of chapter 316 by persons 14 years of
1258age or under who are operating bicycles, regardless of the
1259noncriminal traffic infraction's classification.
1260     (2)  Thirty dollars for all nonmoving traffic violations
1261and:
1262     (a)  For all violations of s. 322.19.
1263     (b)  For all violations of ss. 320.0605, 320.07(1),
1264322.065, and 322.15(1). Any person who is cited for a violation
1265of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
1266320.07(4).
1267     1.  If a person who is cited for a violation of s. 320.0605
1268or s. 320.07 can show proof of having a valid registration at
1269the time of arrest, the clerk of the court may dismiss the case
1270and may assess a dismissal fee of up to $7.50. A person who
1271finds it impossible or impractical to obtain a valid
1272registration certificate must submit an affidavit detailing the
1273reasons for the impossibility or impracticality. The reasons may
1274include, but are not limited to, the fact that the vehicle was
1275sold, stolen, or destroyed; that the state in which the vehicle
1276is registered does not issue a certificate of registration; or
1277that the vehicle is owned by another person.
1278     2.  If a person who is cited for a violation of s. 322.03,
1279s. 322.065, or s. 322.15 can show a driver's license issued to
1280him or her and valid at the time of arrest, the clerk of the
1281court may dismiss the case and may assess a dismissal fee of up
1282to $7.50.
1283     3.  If a person who is cited for a violation of s. 316.646
1284can show proof of security as required by s. 627.733, issued to
1285the person and valid at the time of arrest, the clerk of the
1286court may dismiss the case and may assess a dismissal fee of up
1287to $7.50. A person who finds it impossible or impractical to
1288obtain proof of security must submit an affidavit detailing the
1289reasons for the impracticality. The reasons may include, but are
1290not limited to, the fact that the vehicle has since been sold,
1291stolen, or destroyed; that the owner or registrant of the
1292vehicle is not required by s. 627.733 to maintain personal
1293injury protection insurance; or that the vehicle is owned by
1294another person.
1295     (c)  For all violations of ss. 316.2935 and 316.610.
1296However, for a violation of s. 316.2935 or s. 316.610, if the
1297person committing the violation corrects the defect and obtains
1298proof of such timely repair by an affidavit of compliance
1299executed by the law enforcement agency within 30 days from the
1300date upon which the traffic citation was issued, and pays $4 to
1301the law enforcement agency, thereby completing the affidavit of
1302compliance, then upon presentation of said affidavit by the
1303defendant to the clerk within the 30-day time period set forth
1304under s. 318.14(4), the fine must be reduced to $7.50, which the
1305clerk of the court shall retain.
1306     (d)  For all violations of s. 316.126(1)(b), unless
1307otherwise specified.
1308     (3)(a)  Except as otherwise provided in this section, $60
1309for all moving violations not requiring a mandatory appearance.
1310     (b)  For moving violations involving unlawful speed, the
1311fines are as follows:
1312
1313For speed exceeding the limit by:     Fine:
13141-5 m.p.h.     Warning
13156-9 m.p.h.     $25
131610-14 m.p.h.     $100
131715-19 m.p.h.     $125
131820-29 m.p.h.     $150
131930 m.p.h. and above.     $250
1320     (c)  Notwithstanding paragraph (b), a person cited for
1321exceeding the speed limit by up to 5 m.p.h. in a legally posted
1322school zone will be fined $50. A person exceeding the speed
1323limit in a school zone shall pay a fine double the amount listed
1324in paragraph (b).
1325     (d)  A person cited for exceeding the speed limit in a
1326posted construction zone, which posting must include
1327notification of the speed limit and the doubling of fines, shall
1328pay a fine double the amount listed in paragraph (b). The fine
1329shall be doubled for construction zone violations only if
1330construction personnel are present or operating equipment on the
1331road or immediately adjacent to the road under construction.
1332     (e)  A person cited for exceeding the speed limit in an
1333enhanced penalty zone shall pay a fine amount of $50 plus the
1334amount listed in paragraph (b). Notwithstanding paragraph (b), a
1335person cited for exceeding the speed limit by up to 5 m.p.h. in
1336a legally posted enhanced penalty zone shall pay a fine amount
1337of $50.
1338     (f)  If a violation of s. 316.1301 or s. 316.1303 results
1339in an injury to the pedestrian or damage to the property of the
1340pedestrian, an additional fine of up to $250 shall be paid. This
1341amount must be distributed pursuant to s. 318.21.
1342     (g)  A person cited for exceeding the speed limit within a
1343zone posted for any electronic or manual toll collection
1344facility shall pay a fine double the amount listed in paragraph
1345(b). However, no person cited for exceeding the speed limit in
1346any toll collection zone shall be subject to a doubled fine
1347unless the governmental entity or authority controlling the toll
1348collection zone first installs a traffic control device
1349providing warning that speeding fines are doubled. Any such
1350traffic control device must meet the requirements of the uniform
1351system of traffic control devices.
1352     (h)  A person cited for a second or subsequent conviction
1353of speed exceeding the limit by 30 miles per hour and above
1354within a 12-month period shall pay a fine that is double the
1355amount listed in paragraph (b). For purposes of this paragraph,
1356the term "conviction" means a finding of guilt as a result of a
1357jury verdict, nonjury trial, or entry of a plea of guilty.
1358Moneys received from the increased fine imposed by this
1359paragraph shall be remitted to the Department of Revenue and
1360deposited into the Department of Health Administrative Trust
1361Fund to provide financial support to certified trauma centers to
1362assure the availability and accessibility of trauma services
1363throughout the state. Funds deposited into the Administrative
1364Trust Fund under this section shall be allocated as follows:
1365     1.  Fifty percent shall be allocated equally among all
1366Level I, Level II, and pediatric trauma centers in recognition
1367of readiness costs for maintaining trauma services.
1368     2.  Fifty percent shall be allocated among Level I, Level
1369II, and pediatric trauma centers based on each center's relative
1370volume of trauma cases as reported in the Department of Health
1371Trauma Registry.
1372     (4)  The penalty imposed under s. 316.545 shall be
1373determined by the officer in accordance with the provisions of
1374ss. 316.535 and 316.545.
1375     (5)(a)  One hundred dollars for a violation of s.
1376316.172(1)(a), failure to stop for a school bus. If, at a
1377hearing, the alleged offender is found to have committed this
1378offense, the court shall impose a minimum civil penalty of $100.
1379In addition to this penalty, for a second or subsequent offense
1380within a period of 5 years, the department shall suspend the
1381driver's license of the person for not less than 90 days and not
1382more than 6 months.
1383     (b)  Two hundred dollars for a violation of s.
1384316.172(1)(b), passing a school bus on the side that children
1385enter and exit when the school bus displays a stop signal. If,
1386at a hearing, the alleged offender is found to have committed
1387this offense, the court shall impose a minimum civil penalty of
1388$200. In addition to this penalty, for a second or subsequent
1389offense within a period of 5 years, the department shall suspend
1390the driver's license of the person for not less than 180 days
1391and not more than 1 year.
1392     (6)  One hundred dollars or the fine amount designated by
1393county ordinance, plus court costs for illegally parking, under
1394s. 316.1955, in a parking space provided for people who have
1395disabilities. However, this fine will be waived if a person
1396provides to the law enforcement agency that issued the citation
1397for such a violation proof that the person committing the
1398violation has a valid parking permit or license plate issued
1399pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1400or s. 320.0848 or a signed affidavit that the owner of the
1401disabled parking permit or license plate was present at the time
1402the violation occurred, and that such a parking permit or
1403license plate was valid at the time the violation occurred. The
1404law enforcement officer, upon determining that all required
1405documentation has been submitted verifying that the required
1406parking permit or license plate was valid at the time of the
1407violation, must sign an affidavit of compliance. Upon provision
1408of the affidavit of compliance and payment of a dismissal fee of
1409up to $7.50 to the clerk of the circuit court, the clerk shall
1410dismiss the citation.
1411     (7)  Mandatory $100 fine One hundred dollars for each a
1412violation of s. 316.1001 plus the amount of the unpaid toll
1413shown on the traffic citation for each citation issued. The
1414clerk of the court shall forward $25 of the $100 fine received,
1415plus the amount of the unpaid toll that is shown on the
1416citation, to the governmental entity that issued the citation,
1417or on whose behalf the citation was issued. If a plea
1418arrangement is reached prior to the date set for a scheduled
1419evidentiary hearing and adjudication is withheld, there shall be
1420a mandatory fine assessed per citation of not less than $50 and
1421not more than $100, plus the amount of the unpaid toll for each
1422citation issued. The clerk of the court shall forward $25 of the
1423fine imposed plus the amount of the unpaid toll that is shown on
1424the citation to the governmental entity that issued the citation
1425or on whose behalf the citation was issued. The court shall have
1426specific authority to consolidate issued citations for the same
1427defendant for the purpose of sentencing and aggregate
1428jurisdiction. In addition, the department shall suspend for 60
1429days the driver's license of a person who is convicted of 10
1430violations of s. 316.1001 within a 36-month period. However, a
1431person may elect to pay $30 to the clerk of the court, in which
1432case adjudication is withheld, and no points are assessed under
1433s. 322.27. Upon receipt of the fine, the clerk of the court must
1434retain $5 for administrative purposes and must forward the $25
1435to the governmental entity that issued the citation. Any funds
1436received by a governmental entity for this violation may be used
1437for any lawful purpose related to the operation or maintenance
1438of a toll facility.
1439     (8)(a)  Any person who fails to comply with the court's
1440requirements or who fails to pay the civil penalties specified
1441in this section within the 30-day period provided for in s.
1442318.14 must pay an additional civil penalty of $12, $2.50 of
1443which must be remitted to the Department of Revenue for deposit
1444in the General Revenue Fund, and $9.50 of which must be remitted
1445to the Department of Revenue for deposit in the Highway Safety
1446Operating Trust Fund. The department shall contract with the
1447Florida Association of Court Clerks, Inc., to design, establish,
1448operate, upgrade, and maintain an automated statewide Uniform
1449Traffic Citation Accounting System to be operated by the clerks
1450of the court which shall include, but not be limited to, the
1451accounting for traffic infractions by type, a record of the
1452disposition of the citations, and an accounting system for the
1453fines assessed and the subsequent fine amounts paid to the
1454clerks of the court. On or before December 1, 2001, the clerks
1455of the court must provide the information required by this
1456chapter to be transmitted to the department by electronic
1457transmission pursuant to the contract.
1458     (b)  Any person who fails to comply with the court's
1459requirements as to civil penalties specified in this section due
1460to demonstrable financial hardship shall be authorized to
1461satisfy such civil penalties by public works or community
1462service. Each hour of such service shall be applied, at the rate
1463of the minimum wage, toward payment of the person's civil
1464penalties; provided, however, that if the person has a trade or
1465profession for which there is a community service need and
1466application, the rate for each hour of such service shall be the
1467average standard wage for such trade or profession. Any person
1468who fails to comply with the court's requirements as to such
1469civil penalties who does not demonstrate financial hardship may
1470also, at the discretion of the court, be authorized to satisfy
1471such civil penalties by public works or community service in the
1472same manner.
1473     (c)  If the noncriminal infraction has caused or resulted
1474in the death of another, the person who committed the infraction
1475may perform 120 community service hours under s. 316.027(4), in
1476addition to any other penalties.
1477     (9)  One hundred dollars for a violation of s. 316.1575.
1478     (10)  Twenty-five dollars for a violation of s. 316.2074.
1479     (11)(a)  In addition to the stated fine, court costs must
1480be paid in the following amounts and shall be deposited by the
1481clerk into the fine and forfeiture fund established pursuant to
1482s. 142.01:
1483
1484For pedestrian infractions.     $ 3.
1485For nonmoving traffic infractions.     $ 16.
1486For moving traffic infractions.     $ 30.
1487
1488     (b)  In addition to the court cost required under paragraph
1489(a), up to $3 for each infraction shall be collected and
1490distributed by the clerk in those counties that have been
1491authorized to establish a criminal justice selection center or a
1492criminal justice access and assessment center pursuant to the
1493following special acts of the Legislature:
1494     1.  Chapter 87-423, Laws of Florida, for Brevard County.
1495     2.  Chapter 89-521, Laws of Florida, for Bay County.
1496     3.  Chapter 94-444, Laws of Florida, for Alachua County.
1497     4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1498
1499Funds collected by the clerk pursuant to this paragraph shall be
1500distributed to the centers authorized by those special acts.
1501     (c)  In addition to the court cost required under paragraph
1502(a), a $2.50 court cost must be paid for each infraction to be
1503distributed by the clerk to the county to help pay for criminal
1504justice education and training programs pursuant to s. 938.15.
1505Funds from the distribution to the county not directed by the
1506county to fund these centers or programs shall be retained by
1507the clerk and used for funding the court-related services of the
1508clerk.
1509     (d)  In addition to the court cost required under paragraph
1510(a), a $3 court cost must be paid for each infraction to be
1511distributed as provided in s. 938.01 and a $2 court cost as
1512provided in s. 938.15 when assessed by a municipality or county.
1513     (12)  Two hundred dollars for a violation of s. 316.520(1)
1514or (2). If, at a hearing, the alleged offender is found to have
1515committed this offense, the court shall impose a minimum civil
1516penalty of $200. For a second or subsequent adjudication within
1517a period of 5 years, the department shall suspend the driver's
1518license of the person for not less than 1 year and not more than
15192 years.
1520     (13)  In addition to any penalties imposed for noncriminal
1521traffic infractions pursuant to this chapter or imposed for
1522criminal violations listed in s. 318.17, a board of county
1523commissioners or any unit of local government which is
1524consolidated as provided by s. 9, Art. VIII of the State
1525Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1526Constitution of 1968:
1527     (a)  May impose by ordinance a surcharge of up to $15 for
1528any infraction or violation to fund state court facilities. The
1529court shall not waive this surcharge. Up to 25 percent of the
1530revenue from such surcharge may be used to support local law
1531libraries provided that the county or unit of local government
1532provides a level of service equal to that provided prior to July
15331, 2004, which shall include the continuation of library
1534facilities located in or near the county courthouse or annexes.
1535     (b)  That imposed increased fees or service charges by
1536ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1537purpose of securing payment of the principal and interest on
1538bonds issued by the county before July 1, 2003, to finance state
1539court facilities, may impose by ordinance a surcharge for any
1540infraction or violation for the exclusive purpose of securing
1541payment of the principal and interest on bonds issued by the
1542county before July 1, 2003, to fund state court facilities until
1543the date of stated maturity. The court shall not waive this
1544surcharge. Such surcharge may not exceed an amount per violation
1545calculated as the quotient of the maximum annual payment of the
1546principal and interest on the bonds as of July 1, 2003, divided
1547by the number of traffic citations for county fiscal year 2002-
15482003 certified as paid by the clerk of the court of the county.
1549Such quotient shall be rounded up to the next highest dollar
1550amount. The bonds may be refunded only if savings will be
1551realized on payments of debt service and the refunding bonds are
1552scheduled to mature on the same date or before the bonds being
1553refunded. Notwithstanding any of the foregoing provisions of
1554this paragraph that limit the use of surcharge revenues, if the
1555revenues generated as a result of the adoption of this ordinance
1556exceed the debt service on the bonds, the surplus revenues may
1557be used to pay down the debt service on the bonds; fund other
1558state-court-facility construction projects as may be certified
1559by the chief judge as necessary to address unexpected growth in
1560caseloads, emergency requirements to accommodate public access,
1561threats to the safety of the public, judges, staff, and
1562litigants, or other exigent circumstances; or support local law
1563libraries in or near the county courthouse or annexes.
1564
1565A county may not impose both of the surcharges authorized under
1566paragraphs (a) and (b) concurrently. The clerk of court shall
1567report, no later than 30 days after the end of the quarter, the
1568amount of funds collected under this subsection during each
1569quarter of the fiscal year. The clerk shall submit the report,
1570in a format developed by the Office of State Courts
1571Administrator, to the chief judge of the circuit, the Governor,
1572the President of the Senate, and the Speaker of the House of
1573Representatives.
1574     (14)  In addition to any penalties imposed for noncriminal
1575traffic infractions under this chapter or imposed for criminal
1576violations listed in s. 318.17, any unit of local government
1577that is consolidated as provided by s. 9, Art. VIII of the State
1578Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1579State Constitution of 1968, and that is granted the authority in
1580the State Constitution to exercise all the powers of a municipal
1581corporation, and any unit of local government operating under a
1582home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1583VIII of the State Constitution of 1885, as preserved by s. 6(e),
1584Art. VIII of the State Constitution of 1968, that is granted the
1585authority in the State Constitution to exercise all the powers
1586conferred now or hereafter by general law upon municipalities,
1587may impose by ordinance a surcharge of up to $15 for any
1588infraction or violation. Revenue from the surcharge shall be
1589transferred to such unit of local government for the purpose of
1590replacing fine revenue deposited into the clerk's fine and
1591forfeiture fund under s. 142.01. The court may not waive this
1592surcharge. Proceeds from the imposition of the surcharge
1593authorized in this subsection shall not be used for the purpose
1594of securing payment of the principal and interest on bonds. This
1595subsection, and any surcharge imposed pursuant to this
1596subsection, shall stand repealed September 30, 2007.
1597     (15)  One hundred twenty-five dollars for a violation of s.
1598316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1599stop at a traffic signal. Sixty dollars shall be distributed as
1600provided in s. 318.21, and the remaining $65 shall be remitted
1601to the Department of Revenue for deposit into the Administrative
1602Trust Fund of the Department of Health.
1603     (16)  One hundred dollars for a violation of s. 316.622(3)
1604or (4), for a vehicle that fails to display a sticker
1605authorizing it to transport migrant or seasonal farm workers or
1606fails to display standardized notification instructions
1607requiring passengers to fasten their seat belts. Two hundred
1608dollars for a violation of s. 316.622(1) or (2), for operating a
1609farm labor vehicle that fails to conform to vehicle safety
1610standards or lacks seat belt assemblies at each passenger
1611position.
1612     (17)  In addition to any penalties imposed, a surcharge of
1613$3 must be paid for all criminal offenses listed in s. 318.17
1614and for all noncriminal moving traffic violations under chapter
1615316. Revenue from the surcharge shall be remitted to the
1616Department of Revenue and deposited quarterly into the State
1617Agency Law Enforcement Radio System Trust Fund of the Department
1618of Management Services for the state agency law enforcement
1619radio system, as described in s. 282.1095. This subsection
1620expires July 1, 2012. The Department of Management Services may
1621retain funds sufficient to recover the costs and expenses
1622incurred for the purposes of managing, administering, and
1623overseeing the Statewide Law Enforcement Radio System. The
1624Department of Management Services working in conjunction with
1625the Joint Task Force on State Agency Law Enforcement
1626Communications shall determine and direct the purposes for which
1627these funds are used to enhance and improve the radio system.
1628     Section 22.  Subsection (17) is added to section 318.21,
1629Florida Statutes, to read:
1630     318.21  Disposition of civil penalties by county courts.--
1631All civil penalties received by a county court pursuant to the
1632provisions of this chapter shall be distributed and paid monthly
1633as follows:
1634     (17)  Notwithstanding subsections (1) and (2), the proceeds
1635from the surcharge imposed under s. 318.18(17) shall be
1636distributed as provided in that subsection. This subsection
1637expires July 1, 2012.
1638     Section 23.  Section 320.061, Florida Statutes, is amended
1639to read:
1640     320.061  Unlawful to alter motor vehicle registration
1641certificates, license plates, mobile home stickers, or
1642validation stickers or to obscure license plates; penalty.--No
1643person shall alter the original appearance of any registration
1644license plate, mobile home sticker, validation sticker, or
1645vehicle registration certificate issued for and assigned to any
1646motor vehicle or mobile home, whether by mutilation, alteration,
1647defacement, or change of color or in any other manner. No person
1648shall apply or attach any substance, reflective matter,
1649illuminated device, spray, coating, covering, or other material
1650onto or around any license plate that interferes with the
1651legibility, angular visibility, or detectability of any feature
1652or detail on the license plate or interferes with the ability to
1653record any feature or detail on the license plate. Any person
1654who violates the provisions of this section commits is guilty of
1655a misdemeanor of the second degree, punishable as provided in s.
1656775.082 or s. 775.083.
1657     Section 24.  Notwithstanding any provision to the contrary,
1658the second paragraph contained in Specific Appropriation 2188 of
1659the 2007-2008 General Appropriations Act shall not take effect
1660but is repealed.
1661     Section 25.  Paragraph (c) of subsection (6) and subsection
1662(8) of section 332.007, Florida Statutes, are amended to read:
1663     332.007  Administration and financing of aviation and
1664airport programs and projects; state plan.--
1665     (6)  Subject to the availability of appropriated funds, the
1666department may participate in the capital cost of eligible
1667public airport and aviation development projects in accordance
1668with the following rates, unless otherwise provided in the
1669General Appropriations Act or the substantive bill implementing
1670the General Appropriations Act:
1671     (c)  When federal funds are not available, the department
1672may fund up to 80 percent of master planning and eligible
1673aviation development projects at publicly owned, publicly
1674operated airports. If federal funds are available, the
1675department may fund up to 80 percent of the nonfederal share of
1676such projects. Such funding is limited to airports that have no
1677scheduled commercial service.
1678     (8)  Notwithstanding any other provision of law to the
1679contrary, the department is authorized to fund security projects
1680at provide operational and maintenance assistance to publicly
1681owned public-use airports. Such assistance shall be to comply
1682with enhanced federal security requirements or to address
1683related economic impacts from the events of September 11, 2001.
1684For projects in the current adopted work program, or projects
1685added using the available budget of the department, airports may
1686request the department change the project purpose in accordance
1687with this provision notwithstanding the provisions of s.
1688339.135(7). For purposes of this subsection, the department may
1689fund up to 100 percent of eligible project costs that are not
1690funded by the Federal Government. Prior to releasing any funds
1691under this section, the department shall review and approve the
1692expenditure plans submitted by the airport. The department shall
1693inform the Legislature of any change that it approves under this
1694subsection. This subsection shall expire on June 30, 2012 2007.
1695     Section 26.  Subsection (4) of section 332.14, Florida
1696Statutes, is amended to read:
1697     332.14  Secure Airports for Florida's Economy Council.--
1698     (4)  The council shall adopt bylaws governing the manner in
1699which the business of the council will be conducted. The bylaws
1700shall specify the procedure by which the chair of the council is
1701elected. The council shall meet at the call of its chair, at the
1702request of a majority of its membership, or at such times as may
1703be prescribed in its bylaws. However, the council must meet at
1704least twice a year. Except for the members under paragraphs
1705(2)(d), (e), and (f), all members of the council are voting
1706members. A majority of voting members of the council constitutes
1707a quorum for the purpose of transacting the business of the
1708council. A vote of the majority of the members present is
1709sufficient for any action of the council, except that a member
1710representing the Department of Transportation, the Department of
1711Community Affairs, the Department of Law Enforcement, or the
1712Office of Tourism, Trade, and Economic Development may vote to
1713overrule any action of the council approving a project pursuant
1714to paragraph (7)(a). The bylaws of the council may require a
1715greater vote for a particular action.
1716     Section 27.  Section 334.351, Florida Statutes, is amended
1717to read:
1718     334.351  Youth work experience program; findings and
1719intent; authority to contract; limitation.--
1720     (1)  The Legislature finds and declares that young men and
1721women of the state should be given an opportunity to obtain
1722public service work and training experience that protects and
1723conserves the valuable resources of the state and promotes
1724participation in other community enhancement projects.
1725Notwithstanding the requirements of chapters 287 and 337, the
1726Department of Transportation is authorized to contract with
1727public agencies and nonprofit organizations for the performance
1728of work related to the construction and maintenance of
1729transportation-related facilities by youths enrolled in youth
1730work experience programs. The total amount of contracts entered
1731into by the department under this section in any fiscal year may
1732not exceed the amount specifically appropriated by the
1733Legislature for this program.
1734     (2)  Each nonprofit youth organization that provides
1735services under a contract with the department must certify that
1736each young person enrolled in its work experience program is a
1737resident of this state and possesses a valid Florida driver's
1738license or identification card.
1739     (3)  When selecting a nonprofit youth organization to
1740perform work on transportation-related facilities and before
1741awarding a contract under this section, the department must
1742consider the following criteria:
1743     (a)  The number of participants receiving life-management
1744skills training;
1745     (b)  The number of participants receiving high school
1746diplomas or GEDs;
1747     (c)  The number of participants receiving scholarships;
1748     (d)  The number of participants receiving bonuses;
1749     (e)  The number of participants who have secured full-time
1750jobs; and
1751     (f)  The other programs or services that support the
1752development of disadvantaged youths.
1753     (4)  Each nonprofit youth organization under contract with
1754the department must:
1755     (a)  Submit an annual report to the department by January 1
1756of each year. The report must include, but need not be limited
1757to, the applicable performance of the organization when measured
1758by the criteria in subsection (3) for the organization's most
1759recently completed fiscal year.
1760     (b)  Submit an independent audit of the organization's
1761financial records to the department each year. The
1762organization's contract with the department must allow the
1763department the right to inspect the organization's financial and
1764program records.
1765     (c)  Demonstrate participation in a peer assessment or
1766review process, such as the Excellence in Corps Operations of
1767the National Association of Service and Conservation Corps.
1768     Section 28.  Paragraph (c) of subsection (1) of section
1769336.025, Florida Statutes, is amended to read:
1770     336.025  County transportation system; levy of local option
1771fuel tax on motor fuel and diesel fuel.--
1772     (1)
1773     (c)  Local governments may use the services of the Division
1774of Bond Finance of the State Board of Administration pursuant to
1775the State Bond Act to issue any bonds through the provisions of
1776this section and may pledge the revenues from local option fuel
1777taxes to secure the payment of the bonds. In no case may a
1778jurisdiction issue bonds pursuant to this section more
1779frequently than once per year. Counties and municipalities may
1780join together for the issuance of bonds issued pursuant to this
1781section.
1782     Section 29.  Subsection (3) of section 336.41, Florida
1783Statutes, is amended to read:
1784     336.41  Counties; employing labor and providing road
1785equipment; accounting; when competitive bidding required.--
1786     (3)  All construction and reconstruction of roads and
1787bridges, including resurfacing, full scale mineral seal coating,
1788and major bridge and bridge system repairs, to be performed
1789utilizing the proceeds of the 80-percent portion of the surplus
1790of the constitutional gas tax shall be let to contract to the
1791lowest responsible bidder by competitive bid, except for:
1792     (a)  Construction and maintenance in emergency situations,
1793and
1794     (b)  In addition to emergency work, construction and
1795reconstruction, including resurfacing, mineral seal coating, and
1796bridge repairs, having a total cumulative annual value not to
1797exceed 5 percent of its 80-percent portion of the constitutional
1798gas tax or $400,000 $250,000, whichever is greater, and
1799     (c)  Construction of sidewalks, curbing, accessibility
1800ramps, or appurtenances incidental to roads and bridges if each
1801project is estimated in accordance with generally accepted cost-
1802accounting principles to have total construction project costs
1803of less than $400,000 or as adjusted by the percentage change in
1804the Construction Cost Index from January 1, 2008,
1805
1806for which the county may utilize its own forces. However, if,
1807after proper advertising, no bids are received by a county for a
1808specific project, the county may use its own forces to construct
1809the project, notwithstanding the limitation of this subsection.
1810Nothing in this section shall prevent the county from performing
1811routine maintenance as authorized by law.
1812     Section 30.  Construction aggregate materials.--
1813     (1)  DEFINITIONS.--"Construction aggregate materials" means
1814crushed stone, limestone, dolomite, limerock, shell rock,
1815cemented coquina, sand for use as a component of mortars,
1816concrete, bituminous mixtures, or underdrain filters, and other
1817mined resources providing the basic material for concrete,
1818asphalt, and road base.
1819     (2)  LEGISLATIVE INTENT.--The Legislature finds that there
1820is a strategic and critical need for an available supply of
1821construction aggregate materials within the state and that a
1822disruption of the supply would cause a significant detriment to
1823the state's construction industry, transportation system, and
1824overall health, safety, and welfare.
1825     (3)  LOCAL GOVERNMENT DECISIONMAKING.--No local government
1826shall approve or deny a proposed land use zoning change,
1827comprehensive plan amendment, land use permit, ordinance, or
1828order regarding construction aggregate materials without
1829considering any information provided by the Department of
1830Transportation regarding the effect such change, amendment,
1831permit decision, ordinance, or order would have on the
1832availability, transportation, and potential extraction of
1833construction aggregate materials on the local area, the region,
1834and the state. The failure of the Department of Transportation
1835to provide this information shall not be a basis for delay or
1836invalidation of the local government action. No local government
1837may impose a moratorium, or combination of moratoria, of more
1838than 12 months' duration on the mining or extraction of
1839construction aggregate materials, commencing on the date the
1840vote was taken to impose the moratorium. January 1, 2007, shall
1841serve as the commencement of the 12-month period for moratoria
1842already in place as of July 1, 2007.
1843     (4)  EXPEDITED PERMITTING.--Due to the state's critical
1844infrastructure needs and the potential shortfall in available
1845construction aggregate materials, limerock environmental
1846resource permitting and reclamation applications filed after
1847March 1, 2007, are eligible for the expedited permitting
1848processes contained in s. 403.973, Florida Statutes. Challenges
1849to state agency action in the expedited permitting process for
1850establishment of a limerock mine in this state under s. 403.973,
1851Florida Statutes, are subject to the same requirements as
1852challenges brought under s. 403.973(15)(a), Florida Statutes,
1853except that, notwithstanding s. 120.574, Florida Statutes,
1854summary proceedings must be conducted within 30 days after a
1855party files the motion for summary hearing, regardless of
1856whether the parties agree to the summary proceeding.
1857     (5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1858     (a)  The Strategic Aggregates Review Task Force is created
1859to evaluate the availability and disposition of construction
1860aggregate materials and related mining and land use practices in
1861this state.
1862     (b)  The task force shall be appointed by August 1, 2007,
1863and shall be composed of the following 19 members:
1864     1.  The President of the Senate, the Speaker of the House
1865of Representatives, and the Governor shall each appoint one
1866member from each of the following groups:
1867     a.  The mining industry.
1868     b.  The construction industry.
1869     c.  The transportation industries, including seaports,
1870trucking, railroads, or roadbuilders.
1871     d.  Elected officials representing counties identified by
1872the Department of Transportation as limestone or sand resource
1873areas. Rural, midsize, and urban counties shall each have one
1874elected official on the task force.
1875     e.  Environmental advocacy groups.
1876     2.  The Secretary of Environmental Protection or designee.
1877     3.  The Secretary of Community Affairs or designee.
1878     4.  The Secretary of Transportation or designee.
1879     5.  One member appointed by the Florida League of Cities,
1880Inc.
1881     (c)  Members of the commission shall serve without
1882compensation. Travel and per diem expenses for members who are
1883not state employees shall be paid by the Department of
1884Transportation in accordance with s. 112.061, Florida Statutes.
1885     (d)  The Department of Transportation shall organize and
1886provide administrative support for the task force and coordinate
1887with other state agencies and local governments in obtaining and
1888providing such data and information as may be needed by the task
1889force to complete its evaluation. The department may conduct any
1890supporting studies as are required to obtain needed information
1891or otherwise assist the task force in its review and
1892deliberations.
1893     (e)  The Department of Transportation shall collect and
1894provide information to the task force relating to construction
1895aggregate materials and the amount of such materials used by the
1896department on state road infrastructure projects and shall
1897provide any technical and supporting information relating to the
1898use of such materials as is available to the department.
1899     (f)  The task force shall report its findings to the
1900Governor, the President of the Senate, and the Speaker of the
1901House of Representatives by February 1, 2008. The report must
1902identify locations with significant concentrations of
1903construction aggregate materials and recommend actions intended
1904to ensure the continued extraction and availability of
1905construction aggregate materials.
1906     (g)  The task force shall be dissolved on July 1, 2008.
1907     Section 31.  Section 337.026, Florida Statutes, is created
1908to read:
1909     337.026  Authority of department to enter into agreements
1910for construction aggregate materials.--
1911     (1)  The department may pursue procurement techniques that
1912will provide the department with reliable and economic supplies
1913of construction aggregate materials and control time and cost
1914increases on construction projects.
1915     (2)  The department may enter into agreements with private
1916or public entities. Such agreements may include, but are not
1917limited to, department acquisition of materials or resources or
1918long-term leases for a term not to exceed 99 years that will
1919advance the state's transportation needs.
1920     (3)  To the maximum extent practical, the department must
1921use the existing process to award and administer such
1922procurement techniques. When techniques authorized by this
1923section are to be used, the department is not required to adhere
1924to provisions of law that would prevent, preclude, or prohibit
1925it from using this procurement technique. However, prior to
1926using this procurement technique, the department must document
1927in writing the need for the exception and identify the benefits
1928the traveling public and the affected community are anticipated
1929to receive.
1930     Section 32.  Paragraph (a) of subsection (3) of section
1931337.11, Florida Statutes, is amended to read:
1932     337.11  Contracting authority of department; bids;
1933emergency repairs, supplemental agreements, and change orders;
1934combined design and construction contracts; progress payments;
1935records; requirements of vehicle registration.--
1936     (3)(a)  On all construction contracts of $250,000 or less,
1937and any construction contract of less than $500,000 for which
1938the department has waived prequalification under s. 337.14, the
1939department shall advertise for bids in a newspaper having
1940general circulation in the county where the proposed work is
1941located. Publication shall be at least once a week for no less
1942than 2 consecutive weeks, and the first publication shall be no
1943less than 14 days prior to the date on which bids are to be
1944received.
1945     Section 33.  Subsection (1) of section 337.14, Florida
1946Statutes, is amended to read:
1947     337.14  Application for qualification; certificate of
1948qualification; restrictions; request for hearing.--
1949     (1)  Any person desiring to bid for the performance of any
1950construction contract in excess of $250,000 which the department
1951proposes to let must first be certified by the department as
1952qualified pursuant to this section and rules of the department.
1953The rules of the department shall address the qualification of
1954persons to bid on construction contracts in excess of $250,000
1955and shall include requirements with respect to the equipment,
1956past record, experience, financial resources, and organizational
1957personnel of the applicant necessary to perform the specific
1958class of work for which the person seeks certification. The
1959department is authorized to limit the dollar amount of any
1960contract upon which a person is qualified to bid or the
1961aggregate total dollar volume of contracts such person is
1962allowed to have under contract at any one time. Each applicant
1963seeking qualification to bid on construction contracts in excess
1964of $250,000 shall furnish the department a statement under oath,
1965on such forms as the department may prescribe, setting forth
1966detailed information as required on the application. Each
1967application for certification shall be accompanied by the latest
1968annual financial statement of the applicant completed within the
1969last 12 months. If the annual financial statement shows the
1970financial condition of the applicant more than 4 months prior to
1971the date on which the application is received by the department,
1972then an interim financial statement must also be submitted. The
1973interim financial statement must cover the period from the end
1974date of the annual statement and must show the financial
1975condition of the applicant no more than 4 months prior to the
1976date on which the application is received by the department.
1977Each required annual or interim financial statement must be
1978audited and accompanied by the opinion of a certified public
1979accountant or a public accountant approved by the department.
1980The information required by this subsection is confidential and
1981exempt from the provisions of s. 119.07(1).  The department
1982shall act upon the application for qualification within 30 days
1983after the department determines that the application is
1984complete. The department may waive the requirements of this
1985subsection for projects having a contract price of $500,000 or
1986less if the department determines that the project is of a
1987noncritical nature and the waiver will not endanger public
1988health, safety, or property.
1989     Section 34.  Paragraph (a) of subsection (1) of section
1990337.18, Florida Statutes, is amended to read:
1991     337.18  Surety bonds for construction or maintenance
1992contracts; requirement with respect to contract award; bond
1993requirements; defaults; damage assessments.--
1994     (1)(a)  A surety bond shall be required of the successful
1995bidder in an amount equal to the awarded contract price.
1996However, the department may choose, in its discretion and
1997applicable only to multiyear maintenance contracts, to allow for
1998incremental annual contract bonds that cumulatively total the
1999full, awarded, multiyear contract price. For a project for which
2000the contract price is $250,000 $150,000 or less, the department
2001may waive the requirement for all or a portion of a surety bond
2002if it determines the project is of a noncritical nature and
2003nonperformance will not endanger public health, safety, or
2004property. If the secretary or his designee determines that it is
2005in the best interests of the department to reduce the bonding
2006requirement for a project and that to do so will not endanger
2007public health, safety, or property, the department may waive the
2008requirement of a surety bond in an amount equal to the awarded
2009contract price for a project having a contract price of $250
2010million or more and, in its place, may set a surety bond amount
2011that is a portion of the total contract price and provide an
2012alternate means of security for the balance of the contract
2013amount that is not covered by the surety bond or provide for
2014incremental surety bonding and provide an alternate means of
2015security for the balance of the contract amount that is not
2016covered by the surety bond. Such alternative means of security
2017may include letters of credit, United States bonds and notes,
2018parent company guarantees, and cash collateral. The department
2019may require alternate means of security if a surety bond is
2020waived. The surety on such bond shall be a surety company
2021authorized to do business in the state. All bonds shall be
2022payable to the department and conditioned for the prompt,
2023faithful, and efficient performance of the contract according to
2024plans and specifications and within the time period specified,
2025and for the prompt payment of all persons defined in s. 713.01
2026furnishing labor, material, equipment, and supplies for work
2027provided in the contract; however, whenever an improvement,
2028demolition, or removal contract price is $25,000 or less, the
2029security may, in the discretion of the bidder, be in the form of
2030a cashier's check, bank money order of any state or national
2031bank, certified check, or postal money order. The department
2032shall adopt rules to implement this subsection. Such rules shall
2033include provisions under which the department shall refuse to
2034accept bonds on contracts when a surety wrongfully fails or
2035refuses to settle or provide a defense for claims or actions
2036arising under a contract for which the surety previously
2037furnished a bond.
2038     Section 35.  Section 338.161, Florida Statutes, is amended
2039to read:
2040     338.161  Authority of department or toll agencies to
2041advertise and promote electronic toll collection; expanded uses
2042of electronic toll collection system; studies authorized.--
2043     (1)  The department is authorized to incur expenses for
2044paid advertising, marketing, and promotion of toll facilities
2045and electronic toll collection products and services. Promotions
2046may include discounts and free products.
2047     (2)  The department is authorized to receive funds from
2048advertising placed on electronic toll collection products and
2049promotional materials to defray the costs of products and
2050services.
2051     (3)(a)  The department or any toll agency created by
2052statute may incur expenses to advertise or promote its
2053electronic toll collection system to consumers on or off the
2054turnpike or toll system.
2055     (b)  If the department or any toll agency created by
2056statute finds that it can increase nontoll revenues or add
2057convenience or other value for its customers, the department or
2058toll agency may enter into agreements with any private or public
2059entity allowing the use of its electronic toll collection system
2060to pay parking fees for vehicles equipped with a transponder or
2061similar device. The department or toll agency may initiate
2062feasibility studies of additional future uses of its electronic
2063toll collection system and make recommendations to the
2064Legislature to authorize such uses.
2065     Section 36.  Subsections (1), (3), and (4) of section
2066338.2275, Florida Statutes, are amended to read:
2067     338.2275  Approved turnpike projects.--
2068     (1)  Legislative approval of the department's tentative
2069work program that contains the turnpike project constitutes
2070approval to issue bonds as required by s. 11(f), Art. VII of the
2071State Constitution. No more than $10 billion of bonds may be
2072outstanding to fund approved turnpike projects. Turnpike
2073projects approved to be included in future tentative work
2074programs include, but are not limited to, projects contained in
2075the 2003-2004 tentative work program. A maximum of $4.5 billion
2076of bonds may be issued to fund approved turnpike projects.
2077     (3)  Subject to verification of economic feasibility by the
2078department in accordance with s. 338.221(8), the department
2079shall acquire the assets and assume the liabilities of the
2080Sawgrass Expressway as a candidate project from the Broward
2081County Expressway Authority. The agreement to acquire the
2082Sawgrass Expressway shall be subject to the terms and covenants
2083of the Broward County Expressway Authority Bond Series 1984 and
20841986A lease-purchase agreements and shall not act to the
2085detriment of the bondholders nor decrease the quality of the
2086bonds. The department shall provide for the cost of operations
2087and maintenance expenses and for the replacement of future
2088Broward County gasoline tax funds pledged for the payment of
2089principal and interest on such bonds. The department shall
2090repay, to the extent possible, Broward County gasoline tax funds
2091used since July 6, 1988, for debt service on such bonds. For the
2092purpose of calculating the economic feasibility of this project,
2093the department is authorized to exclude operations and
2094maintenance expenses accumulated between July 6, 1988, and the
2095date of the agreement. Upon performance of all terms of the
2096agreement between the parties, the Sawgrass Expressway will
2097become a part of the turnpike system.
2098     (3)(4)  Bonds may not be issued to fund a turnpike project
2099until the department has made a final determination that the
2100project is economically feasible in accordance with s. 338.221,
2101based on the most current information available.
2102     Section 37.  Subsections (3), (4), and (6) of section
2103338.231, Florida Statutes, are amended to read:
2104     338.231  Turnpike tolls, fixing; pledge of tolls and other
2105revenues.--The department shall at all times fix, adjust,
2106charge, and collect such tolls for the use of the turnpike
2107system as are required in order to provide a fund sufficient
2108with other revenues of the turnpike system to pay the cost of
2109maintaining, improving, repairing, and operating such turnpike
2110system; to pay the principal of and interest on all bonds issued
2111to finance or refinance any portion of the turnpike system as
2112the same become due and payable; and to create reserves for all
2113such purposes.
2114     (3)  The department shall publish a proposed change in the
2115toll rate for the use of an existing toll facility, in the
2116manner provided for in s. 120.54, which will provide for public
2117notice and the opportunity for a public hearing before the
2118adoption of the proposed rate change. When the department is
2119evaluating a proposed turnpike toll project under s. 338.223 and
2120has determined that there is a high probability that the project
2121will pass the test of economic feasibility predicated on
2122proposed toll rates, the toll rate that is proposed to be
2123charged after the project is constructed must be adopted during
2124the planning and project development phase of the project, in
2125the manner provided for in s. 120.54, including public notice
2126and the opportunity for a public hearing. For such a new
2127project, the toll rate becomes effective upon the opening of the
2128project to traffic.
2129     (4)  For the period July 1, 1998, through June 30, 2017
21302007, the department shall, to the maximum extent feasible,
2131program sufficient funds in the tentative work program such that
2132the percentage of turnpike toll and bond financed commitments in
2133Dade County, Broward County, and Palm Beach County as compared
2134to total turnpike toll and bond financed commitments shall be at
2135least 90 percent of the share of net toll collections
2136attributable to users of the turnpike system in Dade County,
2137Broward County, and Palm Beach County as compared to total net
2138toll collections attributable to users of the turnpike system.
2139The requirements of this subsection do not apply when the
2140application of such requirements would violate any covenant
2141established in a resolution or trust indenture relating to the
2142issuance of turnpike bonds.
2143     (6)  In each fiscal year while any of the bonds of the
2144Broward County Expressway Authority series 1984 and series 1986-
2145A remain outstanding, the department is authorized to pledge
2146revenues from the turnpike system to the payment of principal
2147and interest of such series of bonds, the repayment of Broward
2148County gasoline tax funds as provided in s. 338.2275(3), and the
2149operation and maintenance expenses of the Sawgrass Expressway,
2150to the extent gross toll revenues of the Sawgrass Expressway are
2151insufficient to make such payments. The terms of an agreement
2152relative to the pledge of turnpike system revenue will be
2153negotiated with the parties of the 1984 and 1986 Broward County
2154Expressway Authority lease-purchase agreements, and subject to
2155the covenants of those agreements. The agreement shall establish
2156that the Sawgrass Expressway shall be subject to the planning,
2157management, and operating control of the department limited only
2158by the terms of the lease-purchase agreements. The department
2159shall provide for the payment of operation and maintenance
2160expenses of the Sawgrass Expressway until such agreement is in
2161effect. This pledge of turnpike system revenues shall be
2162subordinate to the debt service requirements of any future issue
2163of turnpike bonds, the payment of turnpike system operation and
2164maintenance expenses, and subject to provisions of any
2165subsequent resolution or trust indenture relating to the
2166issuance of such turnpike bonds.
2167     Section 38.  Paragraph (j) of subsection (1) of section
2168339.08, Florida Statutes, is amended to read:
2169     339.08  Use of moneys in State Transportation Trust Fund.--
2170     (1)  The department shall expend moneys in the State
2171Transportation Trust Fund accruing to the department, in
2172accordance with its annual budget. The use of such moneys shall
2173be restricted to the following purposes:
2174     (j)  To pay the cost of county or municipal road projects
2175selected in accordance with the County Incentive Grant Program
2176created in s. 339.2817, and the Small County Outreach Program
2177created in s. 339.2818, and the Enhanced Bridge Program for
2178Sustainable Transportation created in s. 339.285.
2179     Section 39.  Subsection (1) of section 339.09, Florida
2180Statutes, is amended to read:
2181     339.09  Use of transportation tax revenues; restrictions.--
2182     (1)  Funds available to the department shall not be used
2183for any nontransportation purpose. However, the department shall
2184construct and maintain roads, parking areas, and other
2185transportation facilities adjacent to and within the grounds of
2186state institutions, public community colleges, farmers' markets,
2187and wayside parks upon request of the proper authorities. The
2188department is encouraged and permitted to use funds to construct
2189and maintain noise mitigation facilities or walls upon request
2190of the proper authorities.
2191     Section 40.  Section 339.175, Florida Statutes, is amended
2192to read:
2193     339.175  Metropolitan planning organization.--
2194     (1)  PURPOSE.--It is the intent of the Legislature to
2195encourage and promote the safe and efficient management,
2196operation, and development of surface transportation systems
2197that will serve the mobility needs of people and freight and
2198foster economic growth and development within and through
2199urbanized areas of this state while minimizing transportation-
2200related fuel consumption and air pollution through metropolitan
2201transportation planning processes identified in this section. To
2202accomplish these objectives, metropolitan planning
2203organizations, referred to in this section as M.P.O.'s, shall
2204develop, in cooperation with the state and public transit
2205operators, transportation plans and programs for metropolitan
2206areas. The plans and programs for each metropolitan area must
2207provide for the development and integrated management and
2208operation of transportation systems and facilities, including
2209pedestrian walkways and bicycle transportation facilities that
2210will function as an intermodal transportation system for the
2211metropolitan area, based upon the prevailing principles provided
2212in s. 334.046(1). The process for developing such plans and
2213programs shall provide for consideration of all modes of
2214transportation and shall be continuing, cooperative, and
2215comprehensive, to the degree appropriate, based on the
2216complexity of the transportation problems to be addressed. To
2217ensure that the process is integrated with the statewide
2218planning process, M.P.O.'s shall develop plans and programs that
2219identify transportation facilities that should function as an
2220integrated metropolitan transportation system, giving emphasis
2221to facilities that serve important national, state, and regional
2222transportation functions. For the purposes of this section,
2223those facilities include the facilities on the Strategic
2224Intermodal System designated under s. 339.63 and facilities for
2225which projects have been identified pursuant to s. 339.2819(4).
2226     (2)(1)  DESIGNATION.--
2227     (a)1.  An M.P.O. shall be designated for each urbanized
2228area of the state; however, this does not require that an
2229individual M.P.O. be designated for each such area. Such
2230designation shall be accomplished by agreement between the
2231Governor and units of general-purpose local government
2232representing at least 75 percent of the population of the
2233urbanized area; however, the unit of general-purpose local
2234government that represents the central city or cities within the
2235M.P.O. jurisdiction, as defined by the United States Bureau of
2236the Census, must be a party to such agreement.
2237     2.  More than one M.P.O. may be designated within an
2238existing metropolitan planning area only if the Governor and the
2239existing M.P.O. determine that the size and complexity of the
2240existing metropolitan planning area makes the designation of
2241more than one M.P.O. for the area appropriate.
2242     (b)  Each M.P.O. designated in a manner prescribed by Title
224323 U.S.C. shall be created and operated under the provisions of
2244this section pursuant to an interlocal agreement entered into
2245pursuant to s. 163.01. The signatories to the interlocal
2246agreement shall be the department and the governmental entities
2247designated by the Governor for membership on the M.P.O. Each
2248M.P.O. shall be considered separate from the state or the
2249governing body of a local government that is represented on the
2250governing board of the M.P.O. or that is a signatory to the
2251interlocal agreement creating the M.P.O. and shall have such
2252powers and privileges that are provided under s. 163.01.  If
2253there is a conflict between this section and s. 163.01, this
2254section prevails.
2255     (c)  The jurisdictional boundaries of an M.P.O. shall be
2256determined by agreement between the Governor and the applicable
2257M.P.O. The boundaries must include at least the metropolitan
2258planning area, which is the existing urbanized area and the
2259contiguous area expected to become urbanized within a 20-year
2260forecast period, and may encompass the entire metropolitan
2261statistical area or the consolidated metropolitan statistical
2262area.
2263     (d)  In the case of an urbanized area designated as a
2264nonattainment area for ozone or carbon monoxide under the Clean
2265Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2266metropolitan planning area in existence as of the date of
2267enactment of this paragraph shall be retained, except that the
2268boundaries may be adjusted by agreement of the Governor and
2269affected metropolitan planning organizations in the manner
2270described in this section. If more than one M.P.O. has authority
2271within a metropolitan area or an area that is designated as a
2272nonattainment area, each M.P.O. shall consult with other
2273M.P.O.'s designated for such area and with the state in the
2274coordination of plans and programs required by this section.
2275     (e)  The governing body of the M.P.O. shall designate, at a
2276minimum, a chair, vice chair, and agency clerk. The chair and
2277vice chair shall be selected from among the member delegates
2278comprising the governing board. The agency clerk shall be
2279charged with the responsibility of preparing meeting minutes and
2280maintaining agency records. The clerk shall be a member of the
2281M.P.O. governing board, an employee of the M.P.O., or other
2282natural person.
2283
2284Each M.P.O. required under this section must be fully operative
2285no later than 6 months following its designation.
2286     (3)(2)  VOTING MEMBERSHIP.--
2287     (a)  The voting membership of an M.P.O. shall consist of
2288not fewer than 5 or more than 19 apportioned members, the exact
2289number to be determined on an equitable geographic-population
2290ratio basis by the Governor, based on an agreement among the
2291affected units of general-purpose local government as required
2292by federal rules and regulations. The Governor, in accordance
2293with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2294represent municipalities to alternate with representatives from
2295other municipalities within the metropolitan planning area that
2296do not have members on the M.P.O. County commission members
2297shall compose not less than one-third of the M.P.O. membership,
2298except for an M.P.O. with more than 15 members located in a
2299county with a 5-member five-member county commission or an
2300M.P.O. with 19 members located in a county with no more than 6
2301county commissioners, in which case county commission members
2302may compose less than one-third percent of the M.P.O.
2303membership, but all county commissioners must be members. All
2304voting members shall be elected officials of general-purpose
2305local governments, except that an M.P.O. may include, as part of
2306its apportioned voting members, a member of a statutorily
2307authorized planning board, an official of an agency that
2308operates or administers a major mode of transportation, or an
2309official of the Florida Space Authority. As used in this
2310section, the term "elected officials of a general-purpose local
2311government" shall exclude constitutional officers, including
2312sheriffs, tax collectors, supervisors of elections, property
2313appraisers, clerks of the court, and similar types of officials.
2314County commissioners The county commission shall compose not
2315less than 20 percent of the M.P.O. membership if an official of
2316an agency that operates or administers a major mode of
2317transportation has been appointed to an M.P.O.
2318     (b)  In metropolitan areas in which authorities or other
2319agencies have been or may be created by law to perform
2320transportation functions and are performing transportation
2321functions that are not under the jurisdiction of a general-
2322purpose general purpose local government represented on the
2323M.P.O., they shall be provided voting membership on the M.P.O.
2324In all other M.P.O.'s where transportation authorities or
2325agencies are to be represented by elected officials from
2326general-purpose general purpose local governments, the M.P.O.
2327shall establish a process by which the collective interests of
2328such authorities or other agencies are expressed and conveyed.
2329     (c)  Any other provision of this section to the contrary
2330notwithstanding, a chartered county with over 1 million
2331population may elect to reapportion the membership of an M.P.O.
2332whose jurisdiction is wholly within the county. The charter
2333county may exercise the provisions of this paragraph if:
2334     1.  The M.P.O. approves the reapportionment plan by a
2335three-fourths vote of its membership;
2336     2.  The M.P.O. and the charter county determine that the
2337reapportionment plan is needed to fulfill specific goals and
2338policies applicable to that metropolitan planning area; and
2339     3.  The charter county determines the reapportionment plan
2340otherwise complies with all federal requirements pertaining to
2341M.P.O. membership.
2342
2343Any charter county that elects to exercise the provisions of
2344this paragraph shall notify the Governor in writing.
2345     (d)  Any other provision of this section to the contrary
2346notwithstanding, any county chartered under s. 6(e), Art. VIII
2347of the State Constitution may elect to have its county
2348commission serve as the M.P.O., if the M.P.O. jurisdiction is
2349wholly contained within the county. Any charter county that
2350elects to exercise the provisions of this paragraph shall so
2351notify the Governor in writing. Upon receipt of such
2352notification, the Governor must designate the county commission
2353as the M.P.O. The Governor must appoint four additional voting
2354members to the M.P.O., one of whom must be an elected official
2355representing a municipality within the county, one of whom must
2356be an expressway authority member, one of whom must be a person
2357who does not hold elected public office and who resides in the
2358unincorporated portion of the county, and one of whom must be a
2359school board member.
2360     (4)(3)  APPORTIONMENT.--
2361     (a)  The Governor shall, with the agreement of the affected
2362units of general-purpose local government as required by federal
2363rules and regulations, apportion the membership on the
2364applicable M.P.O. among the various governmental entities within
2365the area. At the request of a majority of the affected units of
2366general-purpose local government comprising an M.P.O., the
2367Governor and a majority of units of general-purpose local
2368government serving on an M.P.O. shall cooperatively agree upon
2369and prescribe who may serve as an alternate member and shall
2370prescribe a method for appointing alternate members who may vote
2371at any M.P.O. meeting that an alternate member attends in place
2372of a regular member. The method shall be set forth as a part of
2373the interlocal agreement describing the M.P.O.'s membership or
2374in the M.P.O.'s operating procedures and bylaws. An appointed
2375alternate member must be an elected official serving the same
2376governmental entity or a general-purpose local government with
2377jurisdiction within all or part of the area that the regular
2378member serves.  The governmental entity so designated shall
2379appoint the appropriate number of members to the M.P.O. from
2380eligible officials. Representatives of the department shall
2381serve as nonvoting members of the M.P.O. governing board.
2382Nonvoting advisers may be appointed by the M.P.O. as deemed
2383necessary; however, to the maximum extent feasible, each M.P.O.
2384shall seek to appoint nonvoting representatives of various
2385multimodal forms of transportation not otherwise represented by
2386voting members of the M.P.O. An M.P.O. shall appoint nonvoting
2387advisers representing major military installations located
2388within the jurisdictional boundaries of the M.P.O. upon the
2389request of the aforesaid major military installations and
2390subject to the agreement of the M.P.O. All nonvoting advisers
2391may attend and participate fully in governing board meetings but
2392shall not have a vote and shall not be members of the governing
2393board. The Governor shall review the composition of the M.P.O.
2394membership in conjunction with the decennial census as prepared
2395by the United States Department of Commerce, Bureau of the
2396Census, and reapportion it as necessary to comply with
2397subsection (3) (2).
2398     (b)  Except for members who represent municipalities on the
2399basis of alternating with representatives from other
2400municipalities that do not have members on the M.P.O. as
2401provided in paragraph (3)(a) (2)(a), the members of an M.P.O.
2402shall serve 4-year terms. Members who represent municipalities
2403on the basis of alternating with representatives from other
2404municipalities that do not have members on the M.P.O. as
2405provided in paragraph (3)(a) (2)(a) may serve terms of up to 4
2406years as further provided in the interlocal agreement described
2407in paragraph (2)(b) (1)(b). The membership of a member who is a
2408public official automatically terminates upon the member's
2409leaving his or her elective or appointive office for any reason,
2410or may be terminated by a majority vote of the total membership
2411of the entity's governing board a county or city governing
2412entity represented by the member. A vacancy shall be filled by
2413the original appointing entity. A member may be reappointed for
2414one or more additional 4-year terms.
2415     (c)  If a governmental entity fails to fill an assigned
2416appointment to an M.P.O. within 60 days after notification by
2417the Governor of its duty to appoint, that appointment shall be
2418made by the Governor from the eligible representatives of that
2419governmental entity.
2420     (5)(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2421responsibility of an M.P.O. is to manage a continuing,
2422cooperative, and comprehensive transportation planning process
2423that, based upon the prevailing principles provided in s.
2424334.046(1), results in the development of plans and programs
2425which are consistent, to the maximum extent feasible, with the
2426approved local government comprehensive plans of the units of
2427local government the boundaries of which are within the
2428metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2429cooperative decisionmaking by officials of the affected
2430governmental entities in the development of the plans and
2431programs required by subsections (5), (6), (7), and (8), and
2432(9).
2433     (6)(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2434privileges, and authority of an M.P.O. are those specified in
2435this section or incorporated in an interlocal agreement
2436authorized under s. 163.01. Each M.P.O. shall perform all acts
2437required by federal or state laws or rules, now and subsequently
2438applicable, which are necessary to qualify for federal aid. It
2439is the intent of this section that each M.P.O. shall be involved
2440in the planning and programming of transportation facilities,
2441including, but not limited to, airports, intercity and high-
2442speed rail lines, seaports, and intermodal facilities, to the
2443extent permitted by state or federal law.
2444     (a)  Each M.P.O. shall, in cooperation with the department,
2445develop:
2446     1.  A long-range transportation plan pursuant to the
2447requirements of subsection (7) (6);
2448     2.  An annually updated transportation improvement program
2449pursuant to the requirements of subsection (8) (7); and
2450     3.  An annual unified planning work program pursuant to the
2451requirements of subsection (9) (8).
2452     (b)  In developing the long-range transportation plan and
2453the transportation improvement program required under paragraph
2454(a), each M.P.O. shall provide for consideration of projects and
2455strategies that will:
2456     1.  Support the economic vitality of the metropolitan area,
2457especially by enabling global competitiveness, productivity, and
2458efficiency;
2459     2.  Increase the safety and security of the transportation
2460system for motorized and nonmotorized users;
2461     3.  Increase the accessibility and mobility options
2462available to people and for freight;
2463     4.  Protect and enhance the environment, promote energy
2464conservation, and improve quality of life;
2465     5.  Enhance the integration and connectivity of the
2466transportation system, across and between modes, for people and
2467freight;
2468     6.  Promote efficient system management and operation; and
2469     7.  Emphasize the preservation of the existing
2470transportation system.
2471     (c)  In order to provide recommendations to the department
2472and local governmental entities regarding transportation plans
2473and programs, each M.P.O. shall:
2474     1.  Prepare a congestion management system for the
2475metropolitan area and cooperate with the department in the
2476development of all other transportation management systems
2477required by state or federal law;
2478     2.  Assist the department in mapping transportation
2479planning boundaries required by state or federal law;
2480     3.  Assist the department in performing its duties relating
2481to access management, functional classification of roads, and
2482data collection;
2483     4.  Execute all agreements or certifications necessary to
2484comply with applicable state or federal law;
2485     5.  Represent all the jurisdictional areas within the
2486metropolitan area in the formulation of transportation plans and
2487programs required by this section; and
2488     6.  Perform all other duties required by state or federal
2489law.
2490     (d)  Each M.P.O. shall appoint a technical advisory
2491committee, the members of which shall serve at the pleasure of
2492the M.P.O. The membership of the technical advisory committee
2493must include, whenever possible, that includes planners;
2494engineers; representatives of local aviation authorities, port
2495authorities, and public transit authorities or representatives
2496of aviation departments, seaport departments, and public transit
2497departments of municipal or county governments, as applicable;
2498the school superintendent of each county within the jurisdiction
2499of the M.P.O. or the superintendent's designee; and other
2500appropriate representatives of affected local governments. In
2501addition to any other duties assigned to it by the M.P.O. or by
2502state or federal law, the technical advisory committee is
2503responsible for considering safe access to schools in its review
2504of transportation project priorities, long-range transportation
2505plans, and transportation improvement programs, and shall advise
2506the M.P.O. on such matters. In addition, the technical advisory
2507committee shall coordinate its actions with local school boards
2508and other local programs and organizations within the
2509metropolitan area which participate in school safety activities,
2510such as locally established community traffic safety teams.
2511Local school boards must provide the appropriate M.P.O. with
2512information concerning future school sites and in the
2513coordination of transportation service.
2514     (e)1.  Each M.P.O. shall appoint a citizens' advisory
2515committee, the members of which serve at the pleasure of the
2516M.P.O. The membership on the citizens' advisory committee must
2517reflect a broad cross section of local residents with an
2518interest in the development of an efficient, safe, and cost-
2519effective transportation system. Minorities, the elderly, and
2520the handicapped must be adequately represented.
2521     2.  Notwithstanding the provisions of subparagraph 1., an
2522M.P.O. may, with the approval of the department and the
2523applicable federal governmental agency, adopt an alternative
2524program or mechanism to ensure citizen involvement in the
2525transportation planning process.
2526     (f)  The department shall allocate to each M.P.O., for the
2527purpose of accomplishing its transportation planning and
2528programming duties, an appropriate amount of federal
2529transportation planning funds.
2530     (g)  Each M.P.O. shall have an executive or staff director
2531who reports directly to the M.P.O. governing board for all
2532matters regarding the administration and operation of the M.P.O.
2533and any additional personnel as deemed necessary. The executive
2534director and any additional personnel may be employed either by
2535an M.P.O. or by another governmental entity, such as a county,
2536city, or regional planning council, that has a staff services
2537agreement signed and in effect with the M.P.O. Each M.P.O. may
2538employ personnel or may enter into contracts with local or state
2539agencies, private planning firms, or private engineering firms,
2540or other public or private entities to accomplish its
2541transportation planning and programming duties and
2542administrative functions required by state or federal law.
2543     (h)  In order to enhance their knowledge, effectiveness,
2544and participation in the urbanized area transportation planning
2545process, each M.P.O. shall provide training opportunities and
2546training funds specifically for local elected officials and
2547others who serve on an M.P.O. The training opportunities may be
2548conducted by an individual M.P.O. or through statewide and
2549federal training programs and initiatives that are specifically
2550designed to meet the needs of M.P.O. board members.
2551     (i)(h)  A chair's coordinating committee is created,
2552composed of the M.P.O.'s serving Hernando, Hillsborough,
2553Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
2554committee must, at a minimum:
2555     1.  Coordinate transportation projects deemed to be
2556regionally significant by the committee.
2557     2.  Review the impact of regionally significant land use
2558decisions on the region.
2559     3.  Review all proposed regionally significant
2560transportation projects in the respective transportation
2561improvement programs which affect more than one of the M.P.O.'s
2562represented on the committee.
2563     4.  Institute a conflict resolution process to address any
2564conflict that may arise in the planning and programming of such
2565regionally significant projects.
2566     (j)(i)1.  The Legislature finds that the state's rapid
2567growth in recent decades has caused many urbanized areas subject
2568to M.P.O. jurisdiction to become contiguous to each other. As a
2569result, various transportation projects may cross from the
2570jurisdiction of one M.P.O. into the jurisdiction of another
2571M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2572have been mandated, M.P.O.'s shall develop coordination
2573mechanisms with one another to expand and improve transportation
2574within the state. The appropriate method of coordination between
2575M.P.O.'s shall vary depending upon the project involved and
2576given local and regional needs. Consequently, it is appropriate
2577to set forth a flexible methodology that can be used by M.P.O.'s
2578to coordinate with other M.P.O.'s and appropriate political
2579subdivisions as circumstances demand.
2580     2.  Any M.P.O. may join with any other M.P.O. or any
2581individual political subdivision to coordinate activities or to
2582achieve any federal or state transportation planning or
2583development goals or purposes consistent with federal or state
2584law. When an M.P.O. determines that it is appropriate to join
2585with another M.P.O. or any political subdivision to coordinate
2586activities, the M.P.O. or political subdivision shall enter into
2587an interlocal agreement pursuant to s. 163.01, which, at a
2588minimum, creates a separate legal or administrative entity to
2589coordinate the transportation planning or development activities
2590required to achieve the goal or purpose; provides provide the
2591purpose for which the entity is created; provides provide the
2592duration of the agreement and the entity, and specifies specify
2593how the agreement may be terminated, modified, or rescinded;
2594describes describe the precise organization of the entity,
2595including who has voting rights on the governing board, whether
2596alternative voting members are provided for, how voting members
2597are appointed, and what the relative voting strength is for each
2598constituent M.P.O. or political subdivision; provides provide
2599the manner in which the parties to the agreement will provide
2600for the financial support of the entity and payment of costs and
2601expenses of the entity; provides provide the manner in which
2602funds may be paid to and disbursed from the entity; and provides
2603provide how members of the entity will resolve disagreements
2604regarding interpretation of the interlocal agreement or disputes
2605relating to the operation of the entity. Such interlocal
2606agreement shall become effective upon its recordation in the
2607official public records of each county in which a member of the
2608entity created by the interlocal agreement has a voting member.
2609This paragraph does not require any M.P.O.'s to merge, combine,
2610or otherwise join together as a single M.P.O.
2611     (7)(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2612develop a long-range transportation plan that addresses at least
2613a 20-year planning horizon. The plan must include both long-
2614range and short-range strategies and must comply with all other
2615state and federal requirements. The prevailing principles to be
2616considered in the long-range transportation plan are: preserving
2617the existing transportation infrastructure; enhancing Florida's
2618economic competitiveness; and improving travel choices to ensure
2619mobility. The long-range transportation plan must be consistent,
2620to the maximum extent feasible, with future land use elements
2621and the goals, objectives, and policies of the approved local
2622government comprehensive plans of the units of local government
2623located within the jurisdiction of the M.P.O. The approved long-
2624range transportation plan must be considered by local
2625governments in the development of the transportation elements in
2626local government comprehensive plans and any amendments thereto.
2627The long-range transportation plan must, at a minimum:
2628     (a)  Identify transportation facilities, including, but not
2629limited to, major roadways, airports, seaports, spaceports,
2630commuter rail systems, transit systems, and intermodal or
2631multimodal terminals that will function as an integrated
2632metropolitan transportation system. The long-range
2633transportation plan must give emphasis to those transportation
2634facilities that serve national, statewide, or regional
2635functions, and must consider the goals and objectives identified
2636in the Florida Transportation Plan as provided in s. 339.155. If
2637a project is located within the boundaries of more than one
2638M.P.O., the M.P.O.'s must coordinate plans regarding the project
2639in the long-range transportation plan.
2640     (b)  Include a financial plan that demonstrates how the
2641plan can be implemented, indicating resources from public and
2642private sources which are reasonably expected to be available to
2643carry out the plan, and recommends any additional financing
2644strategies for needed projects and programs. The financial plan
2645may include, for illustrative purposes, additional projects that
2646would be included in the adopted long-range transportation plan
2647if reasonable additional resources beyond those identified in
2648the financial plan were available. For the purpose of developing
2649the long-range transportation plan, the M.P.O. and the
2650department shall cooperatively develop estimates of funds that
2651will be available to support the plan implementation. Innovative
2652financing techniques may be used to fund needed projects and
2653programs. Such techniques may include the assessment of tolls,
2654the use of value capture financing, or the use of value pricing.
2655     (c)  Assess capital investment and other measures necessary
2656to:
2657     1.  Ensure the preservation of the existing metropolitan
2658transportation system including requirements for the operation,
2659resurfacing, restoration, and rehabilitation of major roadways
2660and requirements for the operation, maintenance, modernization,
2661and rehabilitation of public transportation facilities; and
2662     2.  Make the most efficient use of existing transportation
2663facilities to relieve vehicular congestion and maximize the
2664mobility of people and goods.
2665     (d)  Indicate, as appropriate, proposed transportation
2666enhancement activities, including, but not limited to,
2667pedestrian and bicycle facilities, scenic easements,
2668landscaping, historic preservation, mitigation of water
2669pollution due to highway runoff, and control of outdoor
2670advertising.
2671     (e)  In addition to the requirements of paragraphs (a)-(d),
2672in metropolitan areas that are classified as nonattainment areas
2673for ozone or carbon monoxide, the M.P.O. must coordinate the
2674development of the long-range transportation plan with the State
2675Implementation Plan developed pursuant to the requirements of
2676the federal Clean Air Act.
2677
2678In the development of its long-range transportation plan, each
2679M.P.O. must provide the public, affected public agencies,
2680representatives of transportation agency employees, freight
2681shippers, providers of freight transportation services, private
2682providers of transportation, representatives of users of public
2683transit, and other interested parties with a reasonable
2684opportunity to comment on the long-range transportation plan.
2685The long-range transportation plan must be approved by the
2686M.P.O.
2687     (8)(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2688shall, in cooperation with the state and affected public
2689transportation operators, develop a transportation improvement
2690program for the area within the jurisdiction of the M.P.O. In
2691the development of the transportation improvement program, each
2692M.P.O. must provide the public, affected public agencies,
2693representatives of transportation agency employees, freight
2694shippers, providers of freight transportation services, private
2695providers of transportation, representatives of users of public
2696transit, and other interested parties with a reasonable
2697opportunity to comment on the proposed transportation
2698improvement program.
2699     (a)  Each M.P.O. is responsible for developing, annually, a
2700list of project priorities and a transportation improvement
2701program. The prevailing principles to be considered by each
2702M.P.O. when developing a list of project priorities and a
2703transportation improvement program are: preserving the existing
2704transportation infrastructure; enhancing Florida's economic
2705competitiveness; and improving travel choices to ensure
2706mobility. The transportation improvement program will be used to
2707initiate federally aided transportation facilities and
2708improvements as well as other transportation facilities and
2709improvements including transit, rail, aviation, spaceport, and
2710port facilities to be funded from the State Transportation Trust
2711Fund within its metropolitan area in accordance with existing
2712and subsequent federal and state laws and rules and regulations
2713related thereto. The transportation improvement program shall be
2714consistent, to the maximum extent feasible, with the approved
2715local government comprehensive plans of the units of local
2716government whose boundaries are within the metropolitan area of
2717the M.P.O. and include those projects programmed pursuant to s.
2718339.2819(4).
2719     (b)  Each M.P.O. annually shall prepare a list of project
2720priorities and shall submit the list to the appropriate district
2721of the department by October 1 of each year; however, the
2722department and a metropolitan planning organization may, in
2723writing, agree to vary this submittal date. The list of project
2724priorities must be formally reviewed by the technical and
2725citizens' advisory committees, and approved by the M.P.O.,
2726before it is transmitted to the district. The approved list of
2727project priorities must be used by the district in developing
2728the district work program and must be used by the M.P.O. in
2729developing its transportation improvement program. The annual
2730list of project priorities must be based upon project selection
2731criteria that, at a minimum, consider the following:
2732     1.  The approved M.P.O. long-range transportation plan;
2733     2.  The Strategic Intermodal System Plan developed under s.
2734339.64.
2735     3.  The priorities developed pursuant to s. 339.2819(4).
2736     4.  The results of the transportation management systems;
2737and
2738     5.  The M.P.O.'s public-involvement procedures.
2739     (c)  The transportation improvement program must, at a
2740minimum:
2741     1.  Include projects and project phases to be funded with
2742state or federal funds within the time period of the
2743transportation improvement program and which are recommended for
2744advancement during the next fiscal year and 4 subsequent fiscal
2745years. Such projects and project phases must be consistent, to
2746the maximum extent feasible, with the approved local government
2747comprehensive plans of the units of local government located
2748within the jurisdiction of the M.P.O. For informational
2749purposes, the transportation improvement program shall also
2750include a list of projects to be funded from local or private
2751revenues.
2752     2.  Include projects within the metropolitan area which are
2753proposed for funding under 23 U.S.C. s. 134 of the Federal
2754Transit Act and which are consistent with the long-range
2755transportation plan developed under subsection (7) (6).
2756     3.  Provide a financial plan that demonstrates how the
2757transportation improvement program can be implemented; indicates
2758the resources, both public and private, that are reasonably
2759expected to be available to accomplish the program; identifies
2760any innovative financing techniques that may be used to fund
2761needed projects and programs; and may include, for illustrative
2762purposes, additional projects that would be included in the
2763approved transportation improvement program if reasonable
2764additional resources beyond those identified in the financial
2765plan were available. Innovative financing techniques may include
2766the assessment of tolls, the use of value capture financing, or
2767the use of value pricing. The transportation improvement program
2768may include a project or project phase only if full funding can
2769reasonably be anticipated to be available for the project or
2770project phase within the time period contemplated for completion
2771of the project or project phase.
2772     4.  Group projects and project phases of similar urgency
2773and anticipated staging into appropriate staging periods.
2774     5.  Indicate how the transportation improvement program
2775relates to the long-range transportation plan developed under
2776subsection (7) (6), including providing examples of specific
2777projects or project phases that further the goals and policies
2778of the long-range transportation plan.
2779     6.  Indicate whether any project or project phase is
2780inconsistent with an approved comprehensive plan of a unit of
2781local government located within the jurisdiction of the M.P.O.
2782If a project is inconsistent with an affected comprehensive
2783plan, the M.P.O. must provide justification for including the
2784project in the transportation improvement program.
2785     7.  Indicate how the improvements are consistent, to the
2786maximum extent feasible, with affected seaport, airport, and
2787spaceport master plans and with public transit development plans
2788of the units of local government located within the jurisdiction
2789of the M.P.O. If a project is located within the boundaries of
2790more than one M.P.O., the M.P.O.'s must coordinate plans
2791regarding the project in the transportation improvement program.
2792     (d)  Projects included in the transportation improvement
2793program and that have advanced to the design stage of
2794preliminary engineering may be removed from or rescheduled in a
2795subsequent transportation improvement program only by the joint
2796action of the M.P.O. and the department. Except when recommended
2797in writing by the district secretary for good cause, any project
2798removed from or rescheduled in a subsequent transportation
2799improvement program shall not be rescheduled by the M.P.O. in
2800that subsequent program earlier than the 5th year of such
2801program.
2802     (e)  During the development of the transportation
2803improvement program, the M.P.O. shall, in cooperation with the
2804department and any affected public transit operation, provide
2805citizens, affected public agencies, representatives of
2806transportation agency employees, freight shippers, providers of
2807freight transportation services, private providers of
2808transportation, representatives of users of public transit, and
2809other interested parties with reasonable notice of and an
2810opportunity to comment on the proposed program.
2811     (f)  The adopted annual transportation improvement program
2812for M.P.O.'s in nonattainment or maintenance areas must be
2813submitted to the district secretary and the Department of
2814Community Affairs at least 90 days before the submission of the
2815state transportation improvement program by the department to
2816the appropriate federal agencies. The annual transportation
2817improvement program for M.P.O.'s in attainment areas must be
2818submitted to the district secretary and the Department of
2819Community Affairs at least 45 days before the department submits
2820the state transportation improvement program to the appropriate
2821federal agencies; however, the department, the Department of
2822Community Affairs, and a metropolitan planning organization may,
2823in writing, agree to vary this submittal date. The Governor or
2824the Governor's designee shall review and approve each
2825transportation improvement program and any amendments thereto.
2826     (g)  The Department of Community Affairs shall review the
2827annual transportation improvement program of each M.P.O. for
2828consistency with the approved local government comprehensive
2829plans of the units of local government whose boundaries are
2830within the metropolitan area of each M.P.O. and shall identify
2831those projects that are inconsistent with such comprehensive
2832plans. The Department of Community Affairs shall notify an
2833M.P.O. of any transportation projects contained in its
2834transportation improvement program which are inconsistent with
2835the approved local government comprehensive plans of the units
2836of local government whose boundaries are within the metropolitan
2837area of the M.P.O.
2838     (h)  The M.P.O. shall annually publish or otherwise make
2839available for public review the annual listing of projects for
2840which federal funds have been obligated in the preceding year.
2841Project monitoring systems must be maintained by those agencies
2842responsible for obligating federal funds and made accessible to
2843the M.P.O.'s.
2844     (9)(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2845develop, in cooperation with the department and public
2846transportation providers, a unified planning work program that
2847lists all planning tasks to be undertaken during the program
2848year. The unified planning work program must provide a complete
2849description of each planning task and an estimated budget
2850therefor and must comply with applicable state and federal law.
2851     (10)(9)  AGREEMENTS.--
2852     (a)  Each M.P.O. shall execute the following written
2853agreements, which shall be reviewed, and updated as necessary,
2854every 5 years:
2855     1.  An agreement with the department clearly establishing
2856the cooperative relationship essential to accomplish the
2857transportation planning requirements of state and federal law.
2858     2.  An agreement with the metropolitan and regional
2859intergovernmental coordination and review agencies serving the
2860metropolitan areas, specifying the means by which activities
2861will be coordinated and how transportation planning and
2862programming will be part of the comprehensive planned
2863development of the area.
2864     3.  An agreement with operators of public transportation
2865systems, including transit systems, commuter rail systems,
2866airports, seaports, and spaceports, describing the means by
2867which activities will be coordinated and specifying how public
2868transit, commuter rail, aviation, seaport, and aerospace
2869planning and programming will be part of the comprehensive
2870planned development of the metropolitan area.
2871     (b)  An M.P.O. may execute other agreements required by
2872state or federal law or as necessary to properly accomplish its
2873functions.
2874     (11)(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
2875COUNCIL.--
2876     (a)  A Metropolitan Planning Organization Advisory Council
2877is created to augment, and not supplant, the role of the
2878individual M.P.O.'s in the cooperative transportation planning
2879process described in this section.
2880     (b)  The council shall consist of one representative from
2881each M.P.O. and shall elect a chairperson annually from its
2882number. Each M.P.O. shall also elect an alternate representative
2883from each M.P.O. to vote in the absence of the representative.
2884Members of the council do not receive any compensation for their
2885services, but may be reimbursed from funds made available to
2886council members for travel and per diem expenses incurred in the
2887performance of their council duties as provided in s. 112.061.
2888     (c)  The powers and duties of the Metropolitan Planning
2889Organization Advisory Council are to:
2890     1.  Enter into contracts with individuals, private
2891corporations, and public agencies.
2892     2.  Acquire, own, operate, maintain, sell, or lease
2893personal property essential for the conduct of business.
2894     3.  Accept funds, grants, assistance, gifts, or bequests
2895from private, local, state, or federal sources.
2896     4.  Establish bylaws and adopt rules pursuant to ss.
2897120.536(1) and 120.54 to implement provisions of law conferring
2898powers or duties upon it.
2899     5.  Assist M.P.O.'s in carrying out the urbanized area
2900transportation planning process by serving as the principal
2901forum for collective policy discussion pursuant to law.
2902     6.  Serve as a clearinghouse for review and comment by
2903M.P.O.'s on the Florida Transportation Plan and on other issues
2904required to comply with federal or state law in carrying out the
2905urbanized area transportation and systematic planning processes
2906instituted pursuant to s. 339.155.
2907     7.  Employ an executive director and such other staff as
2908necessary to perform adequately the functions of the council,
2909within budgetary limitations. The executive director and staff
2910are exempt from part II of chapter 110 and serve at the
2911direction and control of the council. The council is assigned to
2912the Office of the Secretary of the Department of Transportation
2913for fiscal and accountability purposes, but it shall otherwise
2914function independently of the control and direction of the
2915department.
2916     8.  Adopt an agency strategic plan that provides the
2917priority directions the agency will take to carry out its
2918mission within the context of the state comprehensive plan and
2919any other statutory mandates and directions given to the agency.
2920     (12)(11)  APPLICATION OF FEDERAL LAW.--Upon notification by
2921an agency of the Federal Government that any provision of this
2922section conflicts with federal laws or regulations, such federal
2923laws or regulations will take precedence to the extent of the
2924conflict until such conflict is resolved. The department or an
2925M.P.O. may take any necessary action to comply with such federal
2926laws and regulations or to continue to remain eligible to
2927receive federal funds.
2928     (13)(12)  VOTING REQUIREMENTS.--Each long-range
2929transportation plan required pursuant to subsection (7) (6),
2930each annually updated Transportation Improvement Program
2931required under subsection (8) (7), and each amendment that
2932affects projects in the first 3 years of such plans and programs
2933must be approved by each M.P.O. on a recorded roll call vote, or
2934hand-counted vote, of a majority of the membership present.
2935     Section 41.  Subsection (2) of section 339.2819, Florida
2936Statutes, is amended to read:
2937     339.2819  Transportation Regional Incentive Program.--
2938     (2)  The percentage of matching funds provided from the
2939Transportation Regional Incentive Program shall be 50 percent of
2940project costs, or up to 50 percent of the nonfederal share of
2941the eligible project cost for a public transportation facility
2942project.
2943     Section 42.  Section 339.282, Florida Statutes, is created
2944to read:
2945     339.282  Transportation concurrency incentives.--The
2946Legislature finds that allowing private-sector entities to
2947finance, construct, and improve public transportation facilities
2948can provide significant benefits to the citizens of this state
2949by facilitating transportation of the general public without the
2950need for additional public tax revenues. In order to encourage
2951the more efficient and proactive provision of transportation
2952improvements by the private sector, if a developer or property
2953owner voluntarily contributes right-of-way and physically
2954constructs or expands a state transportation facility or
2955segment, and such construction or expansion improves traffic
2956flow, capacity, or safety, the voluntary contribution may be
2957applied as a credit for that property owner or developer against
2958any future transportation concurrency requirements pursuant to
2959chapter 163, provided such contributions and credits are set
2960forth in a legally binding agreement executed by the property
2961owner or developer, the local government of the jurisdiction in
2962which the facility is located, and the department. If the
2963developer or property owner voluntarily contributes right-of-way
2964and physically constructs or expands a local government facility
2965or segment and such construction or expansion meets the
2966requirements in this section and is set forth in a legally
2967binding agreement between the property owner or developer and
2968the applicable local government, the contribution to the local
2969government collector and the arterial system may be applied as
2970credit against any future transportation concurrency
2971requirements within the jurisdiction under chapter 163.
2972     Section 43.  Section 339.285, Florida Statutes, is created
2973to read:
2974     339.285  Enhanced Bridge Program for Sustainable
2975Transportation.--
2976     (1)  There is created within the Department of
2977Transportation the Enhanced Bridge Program for Sustainable
2978Transportation for the purpose of providing funds to improve the
2979sufficiency rating of local bridges and to improve congested
2980roads on the State Highway System or local corridors on which
2981high-cost bridges are located in order to improve a corridor or
2982provide an alternative corridor.
2983     (2)  Matching funds provided from the program may fund up
2984to 50 percent of project costs.
2985     (3)  The department shall allocate a minimum of 25 percent
2986of funding available for the program for local bridge projects
2987to replace, rehabilitate, paint, or install scour
2988countermeasures to highway bridges located on public roads,
2989other than those on the State Highway System. A project to be
2990funded must, at a minimum:
2991     (a)  Be classified as a structurally deficient bridge
2992having a poor condition rating for the deck, superstructure,
2993substructure component, or culvert;
2994     (b)  Have a sufficiency rating of 35 or below; and
2995     (c)  Have average daily traffic of at least 500 vehicles.
2996     (4)  Special consideration shall be given to bridges that
2997are closed to all traffic or that have a load restriction of
2998less than 10 tons.
2999     (5)  The department shall allocate remaining funding
3000available for the program to improve highly congested roads on
3001the State Highway System or local corridors on which high-cost
3002bridges are located in order to improve the corridor or provide
3003an alternative corridor. A project to be funded must, at a
3004minimum:
3005     (a)  Be on or provide direct relief to an existing corridor
3006that is backlogged or constrained; and
3007     (b)  Be a major bridge having an estimated cost greater
3008than $25 million.
3009     (6)  Preference shall be given to bridge projects located
3010on corridors that connect to the Strategic Intermodal System,
3011created under s. 339.64, and that have been identified as
3012regionally significant in accordance with s. 339.155(5)(c), (d),
3013and (e).
3014     Section 44.  Subsection (4) of section 339.55, Florida
3015Statutes, is amended, and paragraph (c) is added to subsection
3016(2) and paragraph (j) is added to subsection (7) of that
3017section, to read:
3018     339.55  State-funded infrastructure bank.--
3019     (2)  The bank may lend capital costs or provide credit
3020enhancements for:
3021     (c)1.  Emergency loans for damages incurred to public-use
3022commercial deepwater seaports, public-use airports, and other
3023public-use transit and intermodal facilities that are within an
3024area that is part of an official state declaration of emergency
3025pursuant to chapter 252 and all other applicable laws. Such
3026loans:
3027     a.  May not exceed 24 months in duration except in extreme
3028circumstances, for which the Secretary of Transportation may
3029grant up to 36 months upon making written findings specifying
3030the conditions requiring a 36-month term.
3031     b.  Require application from the recipient to the
3032department that includes documentation of damage claims filed
3033with the Federal Emergency Management Agency or an applicable
3034insurance carrier and documentation of the recipient's overall
3035financial condition.
3036     c.  Are subject to approval by the Secretary of
3037Transportation and the Legislative Budget Commission.
3038     2.  Loans provided under this paragraph must be repaid upon
3039receipt by the recipient of eligible program funding for damages
3040in accordance with the claims filed with the Federal Emergency
3041Management Agency or an applicable insurance carrier, but no
3042later than the duration of the loan.
3043     (4)  Loans from the bank may bear interest at or below
3044market interest rates, as determined by the department.
3045Repayment of any loan from the bank shall commence not later
3046than 5 years after the project has been completed or, in the
3047case of a highway project, the facility has opened to traffic,
3048whichever is later, and shall be repaid within in no more than
304930 years, except for loans provided under paragraph (2)(c),
3050which shall be repaid within 36 months.
3051     (7)  The department may consider, but is not limited to,
3052the following criteria for evaluation of projects for assistance
3053from the bank:
3054     (j)  The extent to which damage from a disaster that
3055results in a declaration of emergency has impacted a public
3056transportation facility's ability to maintain its previous level
3057of service and remain accessible to the public or has had a
3058major impact on the cash flow or revenue-generation ability of
3059the public-use facility.
3060     Section 45.  Section 339.63, Florida Statutes, is amended
3061to read:
3062     339.63  System facilities designated; additions and
3063deletions.--
3064     (1)  The initial Strategic Intermodal System shall include
3065all facilities that meet the criteria recommended by the
3066Strategic Intermodal Steering Committee in a report titled
3067"Steering Committee Final Report: Recommendations for
3068Designating Florida's Strategic Intermodal System" dated
3069December 2002.
3070     (2)  The Strategic Intermodal System and the Emerging
3071Strategic Intermodal System include three different types of
3072facilities that each form one component of an interconnected
3073transportation system which types include:
3074     (a)  Existing or planned hubs that are ports and terminals
3075including airports, seaports, spaceports, passenger terminals,
3076and rail terminals serving to move goods or people between
3077Florida regions or between Florida and other markets in the
3078United States and the rest of the world;
3079     (b)  Existing or planned corridors that are highways, rail
3080lines, waterways, and other exclusive-use facilities connecting
3081major markets within Florida or between Florida and other states
3082or nations; and
3083     (c)  Existing or planned intermodal connectors that are
3084highways, rail lines, waterways or local public transit systems
3085serving as connectors between the components listed in
3086paragraphs (a) and (b).
3087     (3)  After Subsequent to the initial designation of the
3088Strategic Intermodal System under pursuant to subsection (1),
3089the department shall, in coordination with the metropolitan
3090planning organizations, local governments, regional planning
3091councils, transportation providers, and affected public
3092agencies, add facilities to or delete facilities from the
3093Strategic Intermodal System described in paragraphs (2)(b) and
3094(2)(c) based upon criteria adopted by the department.
3095     (4)  After the initial designation of the Strategic
3096Intermodal System under subsection (1), the department shall, in
3097coordination with the metropolitan planning organizations, local
3098governments, regional planning councils, transportation
3099providers, and affected public agencies, add facilities to or
3100delete facilities from the Strategic Intermodal System described
3101in paragraph (2)(a) based upon criteria adopted by the
3102department. However, an airport that is designated as a reliever
3103airport to a Strategic Intermodal System airport which has at
3104least 75,000 itinerant operations per year, has a runway length
3105of at least 5,500 linear feet, is capable of handling aircraft
3106weighing at least 60,000 pounds with a dual wheel configuration
3107which is served by at least one precision instrument approach,
3108and serves a cluster of aviation-dependent industries, shall be
3109designated as part of the Strategic Intermodal System by the the
3110Secretary of Transportation upon the request of a reliever
3111airport meeting this criteria. shall periodically add facilities
3112to or delete facilities from the Strategic Intermodal System
3113based upon adopted criteria.
3114     Section 46.  Subsection (2) of section 341.071, Florida
3115Statutes, is amended to read:
3116     341.071  Transit productivity and performance measures;
3117reports.--
3118     (2)  Each public transit provider shall establish
3119productivity and performance measures, which must be approved by
3120the department and which must be selected from measures
3121developed pursuant to s. 341.041(3). Each provider shall by
3122January 31 of each year report annually to the department
3123relative to these measures. In approving these measures, the
3124department shall give consideration to the goals and objectives
3125of each system, the needs of the local area, and the role for
3126public transit in the local area. The report shall also
3127specifically address potential enhancements to productivity and
3128performance which would have the effect of increasing farebox
3129recovery ratio.
3130     Section 47.  Paragraph (a) of subsection (2) of section
3131343.81, Florida Statutes, is amended to read:
3132     343.81  Northwest Florida Transportation Corridor
3133Authority.--
3134     (2)(a)  The governing body of the authority shall consist
3135of eight voting members, one each from Escambia, Santa Rosa,
3136Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
3137appointed by the Governor to a 4-year term. The appointees shall
3138be residents of their respective counties and may not hold an
3139elected office. Upon the effective date of his or her
3140appointment, or as soon thereafter as practicable, each
3141appointed member of the authority shall enter upon his or her
3142duties. Each appointed member shall hold office until his or her
3143successor has been appointed and has qualified. A vacancy
3144occurring during a term shall be filled only for the balance of
3145the unexpired term. Any member of the authority shall be
3146eligible for reappointment. Members of the authority may be
3147removed from office by the Governor for misconduct, malfeasance,
3148misfeasance, or nonfeasance in office.
3149     Section 48.  The amendments made by this act to s. 343.81,
3150Florida Statutes, prohibiting the appointment of a person
3151holding an elected office to the Northwest Florida
3152Transportation Corridor Authority shall not prohibit any member
3153appointed prior to the effective date of this act from
3154completing his or her current term, and the prohibition shall
3155only apply to members appointed after the effective date of this
3156act and shall not preclude the reappointment of any existing
3157member.
3158     Section 49.  Subsection (2) of section 343.82, Florida
3159Statutes, is amended to read:
3160     343.82  Purposes and powers.--
3161     (2)(a)  The authority is authorized to construct any feeder
3162roads, reliever roads, connector roads, bypasses, or appurtenant
3163facilities that are intended to improve mobility along the U.S.
316498 corridor. The transportation improvement projects may also
3165include all necessary approaches, roads, bridges, and avenues of
3166access that are desirable and proper with the concurrence, where
3167applicable, of the department if the project is to be part of
3168the State Highway System or the respective county or municipal
3169governing boards. Any transportation facilities constructed by
3170the authority may be tolled.
3171     (b)  Notwithstanding any special act to the contrary, the
3172authority shall plan for and study the feasibility of
3173constructing, operating, and maintaining a bridge or bridges
3174spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
3175access roads to such bridge or bridges, including studying the
3176environmental and economic feasibility of such bridge or bridges
3177and access roads, and such other transportation facilities that
3178become part of such bridge system. The authority may construct,
3179operate, and maintain the bridge system if the authority
3180determines that the bridge system project is feasible and
3181consistent with the authority's primary purpose and master plan.
3182     Section 50.  Section 334.30, Florida Statutes, is amended
3183to read:
3184     334.30  Public-private transportation facilities.--The
3185Legislature hereby finds and declares that there is a public
3186need for the rapid construction of safe and efficient
3187transportation facilities for the purpose of traveling travel
3188within the state, and that it is in the public's interest to
3189provide for the construction of additional safe, convenient, and
3190economical transportation facilities.
3191     (1)  The department may receive or solicit proposals and,
3192with legislative approval as evidenced by approval of the
3193project in the department's work program, enter into agreements
3194with private entities, or consortia thereof, for the building,
3195operation, ownership, or financing of transportation facilities.
3196The department may advance projects programmed in the adopted 5-
3197year work program or projects increasing transportation capacity
3198and greater than $500 million in the 10-year Strategic
3199Intermodal Plan using funds provided by public-private
3200partnerships or private entities to be reimbursed from
3201department funds for the project as programmed in the adopted
3202work program. The department shall by rule establish an
3203application fee for the submission of unsolicited proposals
3204under this section. The fee must be sufficient to pay the costs
3205of evaluating the proposals. The department may engage the
3206services of private consultants to assist in the evaluation.
3207Before approval, the department must determine that the proposed
3208project:
3209     (a)  Is in the public's best interest;
3210     (b)  Would not require state funds to be used unless the
3211project is on the State Highway System; and
3212     (c)  Would have adequate safeguards in place to ensure that
3213no additional costs or service disruptions would be realized by
3214the traveling public and residents citizens of the state in the
3215event of default or cancellation of the agreement by the
3216department;.
3217     (d)  Would have adequate safeguards in place to ensure that
3218the department or the private entity has the opportunity to add
3219capacity to the proposed project and other transportation
3220facilities serving similar origins and destinations; and
3221     (e)  Would be owned by the department upon completion or
3222termination of the agreement.
3223
3224The department shall ensure that all reasonable costs to the
3225state, related to transportation facilities that are not part of
3226the State Highway System, are borne by the private entity. The
3227department shall also ensure that all reasonable costs to the
3228state and substantially affected local governments and
3229utilities, related to the private transportation facility, are
3230borne by the private entity for transportation facilities that
3231are owned by private entities. For projects on the State Highway
3232System, the department may use state resources to participate in
3233funding and financing the project as provided for under the
3234department's enabling legislation.
3235     (2)  Agreements entered into pursuant to this section may
3236authorize the private entity to impose tolls or fares for the
3237use of the facility. The following provisions shall apply to
3238such agreements: However, the amount and use of toll or fare
3239revenues shall be regulated by the department to avoid
3240unreasonable costs to users of the facility.
3241     (a)  With the exception of the Florida Turnpike System, the
3242department may lease existing toll facilities through public-
3243private partnerships. The public-private partnership agreement
3244must ensure that the transportation facility is properly
3245operated, maintained, and renewed in accordance with department
3246standards.
3247     (b)  The department may develop new toll facilities or
3248increase capacity on existing toll facilities through public-
3249private partnerships. The public-private partnership agreement
3250must ensure that the toll facility is properly operated,
3251maintained, and renewed in accordance with department standards.
3252     (c)  Any toll revenues shall be regulated by the department
3253pursuant to s. 338.165(3). The regulations governing the future
3254increase of toll or fare revenues shall be included in the
3255public-private partnership agreement.
3256     (d)  The department shall provide the analysis required in
3257subsection (6)(e)2. of this section to the Legislative Budget
3258Commission created pursuant to s. 11.90 for review and approval
3259prior to awarding a contract on a lease of an existing toll
3260facility.
3261     (e)  The department shall include provisions in the public-
3262private partnership agreement that ensure a negotiated portion
3263of revenues from tolled or fare generating projects are returned
3264to the department over the life of the public-private
3265partnership agreement. In the case of a lease of an existing
3266toll facility, the department shall receive a portion of funds
3267upon closing on the agreements and shall also include provisions
3268in the agreement to receive payment of a portion of excess
3269revenues over the life of the public-private partnership.
3270     (f)  The private entity shall provide an investment grade
3271traffic and revenue study prepared by an internationally
3272recognized traffic and revenue expert that is accepted by the
3273national bond rating agencies. The private entity shall also
3274provide a finance plan that identifies the project cost,
3275revenues by source, financing, major assumptions, internal rate
3276of return on private investments, and whether any government
3277funds are assumed to deliver a cost feasible project, and a
3278total cash flow analysis beginning with implementation of the
3279project and extending for the term of the agreement.
3280     (3)  Each private transportation facility constructed
3281pursuant to this section shall comply with all requirements of
3282federal, state, and local laws; state, regional, and local
3283comprehensive plans; department rules, policies, procedures, and
3284standards for transportation facilities; and any other
3285conditions which the department determines to be in the public's
3286best interest.
3287     (4)  The department may exercise any power possessed by it,
3288including eminent domain, with respect to the development and
3289construction of state transportation projects to facilitate the
3290development and construction of transportation projects pursuant
3291to this section. The department may provide services to the
3292private entity. Agreements for maintenance, law enforcement, and
3293other services entered into pursuant to this section shall
3294provide for full reimbursement for services rendered for
3295projects not on the State Highway System.
3296     (5)  Except as herein provided, the provisions of this
3297section are not intended to amend existing laws by granting
3298additional powers to, or further restricting, local governmental
3299entities from regulating and entering into cooperative
3300arrangements with the private sector for the planning,
3301construction, and operation of transportation facilities.
3302     (6)  The procurement of public-private partnerships by the
3303department shall follow the provisions of this section. Sections
3304337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
3305337.185, 337.19, 337.221, and 337.251 shall not apply to
3306procurements under this section unless a provision is included
3307in the procurement documents. The department shall ensure that
3308generally accepted business practices for exemptions provided by
3309this subsection are part of the procurement process or are
3310included in the public-private partnership agreement.
3311     (a)  The department may request proposals from private
3312entities for public-private transportation projects or, if the
3313department receives an unsolicited proposal, the department
3314shall publish a notice in the Florida Administrative Weekly and
3315a newspaper of general circulation at least once a week for 2
3316weeks stating that the department has received the proposal and
3317will accept, for 120 60 days after the initial date of
3318publication, other proposals for the same project purpose. A
3319copy of the notice must be mailed to each local government in
3320the affected area.
3321     (b)  Public-private partnerships shall be qualified by the
3322department as part of the procurement process as outlined in the
3323procurement documents, provided such process ensures that the
3324private firm meets at least the minimum department standards for
3325qualification in department rule for professional engineering
3326services and road and bridge contracting prior to submitting a
3327proposal under the procurement.
3328     (c)  The department shall ensure that procurement documents
3329include provisions for performance of the private entity and
3330payment of subcontractors, including, but not limited to, surety
3331bonds, letters of credit, parent company guarantees, and lender
3332and equity partner guarantees. The department shall balance the
3333structure of the security package for the public-private
3334partnership that ensures performance and payment of
3335subcontractors with the cost of the security to ensure the most
3336efficient pricing.
3337     (d)  After the public notification period has expired, the
3338department shall rank the proposals in order of preference. In
3339ranking the proposals, the department may consider factors that
3340include, including, but are not limited to, professional
3341qualifications, general business terms, innovative engineering
3342or cost-reduction terms, finance plans, and the need for state
3343funds to deliver the project. If the department is not satisfied
3344with the results of the negotiations, the department may, at its
3345sole discretion, terminate negotiations with the proposer. If
3346these negotiations are unsuccessful, the department may go to
3347the second-ranked and lower-ranked firms, in order, using this
3348same procedure. If only one proposal is received, the department
3349may negotiate in good faith and, if the department is not
3350satisfied with the results of the negotiations, the department
3351may, at its sole discretion, terminate negotiations with the
3352proposer. Notwithstanding this subsection, the department may,
3353at its discretion, reject all proposals at any point in the
3354process up to completion of a contract with the proposer.
3355     (e)  The department shall provide an independent analysis
3356of the proposed public-private partnership that demonstrates the
3357cost-effectiveness and overall public benefit at the following
3358times:
3359     1.  Prior to moving forward with the procurement; and
3360     2.  If the procurement moves forward, prior to awarding the
3361contract.
3362     (7)  The department may lend funds from the Toll Facilities
3363Revolving Trust Fund, as outlined in s. 338.251, to private
3364entities that construct projects on the State Highway System
3365containing toll facilities that are approved under this section.
3366To be eligible, a private entity must comply with s. 338.251 and
3367must provide an indication from a nationally recognized rating
3368agency that the senior bonds for the project will be investment
3369grade, or must provide credit support such as a letter of credit
3370or other means acceptable to the department, to ensure that the
3371loans will be fully repaid. The state's liability for the
3372funding of a facility is limited to the amount approved for that
3373specific facility in the department's 5-year work program
3374adopted pursuant to s. 339.135.
3375     (8)  The department may use innovative finance techniques
3376associated with a public-private partnership under this section,
3377including, but not limited to, federal loans as provided in
3378Title 23 and Title 49 of the Code of Federal Regulations,
3379commercial bank loans, and hedges against inflation from
3380commercial banks or other private sources.
3381     (9)  The department may enter into public-private
3382partnership agreements that include extended terms providing
3383annual payments for performance based on the availability of
3384service or the facility being open to traffic or based on the
3385level of traffic using the facility. In addition to other
3386provisions in this section, the following provisions shall
3387apply:
3388     (a)  The annual payments under such agreement shall be
3389included in the department's tentative work program developed
3390under s. 339.135 and the long-range transportation plan for the
3391applicable metropolitan planning organization developed under s.
3392339.175. The department shall ensure that annual payments on
3393multiyear public-private partnership agreements are prioritized
3394ahead of new capacity projects in the development and updating
3395of the tentative work program.
3396     (b)  The annual payments are subject to annual
3397appropriation by the Legislature as provided in the General
3398Appropriations Act in support of the first year of the tentative
3399work program.
3400     (10)  The department shall provide a summary of new public-
3401private partnership projects each year as part of the submittal
3402of the Tentative Work Program pursuant to s. 339.135. This
3403summary shall include identification of planned funding from the
3404State Transportation Trust Fund beyond the 5-year Tentative Work
3405Program period that are the public involvement process for
3406project, including discussion of the planned use of future funds
3407to deliver the project.
3408     (11)  Prior to entering such agreement where funds are
3409committed from the State Transportation Trust Fund, the project
3410must be prioritized as follows:
3411     (a)  The department, in coordination with the local
3412metropolitan planning organization, shall prioritize projects
3413included in the Strategic Intermodal System 10-year and long-
3414range cost feasible plans.
3415     (b)  The department, in coordination with the local
3416metropolitan planning organization or local government where
3417there is no metropolitan planning organization, shall prioritize
3418projects, for facilities not on the Strategic Intermodal System,
3419included in the metropolitan planning organization cost feasible
3420transportation improvement plan and long-range transportation
3421plan.
3422     (12)  Public-private partnership agreements under this
3423section shall be limited to a term not exceeding 50 years. Upon
3424making written findings that an agreement under this section
3425requires a term in excess of 50 years, the secretary of the
3426department may authorize a term of up to 75 years. Agreements
3427under this section shall not have a term in excess of 75 years
3428unless specifically approved by the Legislature. The department
3429shall identify each new project under this section with a term
3430exceeding 75 years in the transmittal letter that accompanies
3431the submittal of the tentative work program to the Governor and
3432the Legislature in accordance with s. 339.135.
3433     (13)  The department shall ensure that no more than 15
3434percent of total federal and state funding in any given year for
3435the State Transportation Trust Fund shall be obligated
3436collectively for all projects under this section.
3437     (8)  A fixed-guideway transportation system authorized by
3438the department to be wholly or partially within the department's
3439right-of-way pursuant to a lease granted under s. 337.251 may
3440operate at any safe speed.
3441     Section 51.  Section 338.165, Florida Statutes, is amended
3442to read:
3443     338.165  Continuation of tolls.--
3444     (1)  The department, any transportation or expressway
3445authority or, in the absence of an authority, a county or
3446counties may continue to collect the toll on a revenue-producing
3447project after the discharge of any bond indebtedness related to
3448such project and may increase such toll. All tolls so collected
3449shall first be used to pay the annual cost of the operation,
3450maintenance, and improvement of the toll project.
3451     (2)  If the revenue-producing project is on the State
3452Highway System, any remaining toll revenue shall be used for the
3453construction, maintenance, or improvement of any road on the
3454State Highway System within the county or counties in which the
3455revenue-producing project is located, except as provided in s.
3456348.0004.
3457     (3)  Notwithstanding any other provision of law, the
3458department including the turnpike enterprise shall index toll
3459rates on existing toll facilities to the annual Consumer Price
3460Index or similar inflation indicators. Toll rate adjustments for
3461inflation under this subsection may be made no more frequently
3462than once a year and must be made no less frequently than once
3463every 5 years as necessary to accommodate cash toll rate
3464schedules. Toll rates may be increased beyond these limits as
3465directed by bond documents, covenants, or governing body
3466authorization or pursuant to department administrative rule.
3467     (4)(3)  Notwithstanding any other law to the contrary,
3468pursuant to s. 11, Art. VII of the State Constitution, and
3469subject to the requirements of subsection (2), the Department of
3470Transportation may request the Division of Bond Finance to issue
3471bonds secured by toll revenues collected on the Alligator Alley,
3472the Sunshine Skyway Bridge, the Beeline-East Expressway, the
3473Navarre Bridge, and the Pinellas Bayway to fund transportation
3474projects located within the county or counties in which the
3475project is located and contained in the adopted work program of
3476the department.
3477     (5)(4)  If the revenue-producing project is on the county
3478road system, any remaining toll revenue shall be used for the
3479construction, maintenance, or improvement of any other state or
3480county road within the county or counties in which the revenue-
3481producing project is located, except as provided in s. 348.0004.
3482     (6)(5)  Selection of projects on the State Highway System
3483for construction, maintenance, or improvement with toll revenues
3484shall be, with the concurrence of the department, consistent
3485with the Florida Transportation Plan.
3486     (7)  With the exception of subsection (3), this section
3487does not apply to the turnpike system as defined under the
3488Florida Turnpike Enterprise Law.
3489     Section 52.  Section 338.234, Florida Statutes, is amended
3490to read:
3491     338.234  Granting concessions or selling along the turnpike
3492system; immunity from taxation.--
3493     (1)  The department may enter into contracts or licenses
3494with any person for the sale of services or products or business
3495opportunities on the turnpike system, or the turnpike enterprise
3496may sell services, products, or business opportunities on the
3497turnpike system, which benefit the traveling public or provide
3498additional revenue to the turnpike system. Services, business
3499opportunities, and products authorized to be sold include, but
3500are not limited to, motor fuel, vehicle towing, and vehicle
3501maintenance services; food with attendant nonalcoholic
3502beverages; lodging, meeting rooms, and other business services
3503opportunities; advertising and other promotional opportunities,
3504which advertising and promotions must be consistent with the
3505dignity and integrity of the state; state lottery tickets sold
3506by authorized retailers; games and amusements that operate by
3507the application of skill, not including games of chance as
3508defined in s. 849.16 or other illegal gambling games; Florida
3509citrus, goods promoting the state, or handmade goods produced
3510within the state; and travel information, tickets, reservations,
3511or other related services. However, the department, pursuant to
3512the grants of authority to the turnpike enterprise under this
3513section, shall not exercise the power of eminent domain solely
3514for the purpose of acquiring real property in order to provide
3515business services or opportunities, such as lodging and meeting-
3516room space on the turnpike system.
3517     (2)  The effectuation of the authorized purposes of the
3518Florida Intrastate Highway System and Florida Turnpike
3519Enterprise, created under this chapter, is for the benefit of
3520the people of the state, for the increase of their commerce and
3521prosperity, and for the improvement of their health and living
3522conditions and, because the system and enterprise perform
3523essential government functions in effectuating such purposes,
3524neither the turnpike enterprise nor any nongovernment lessee or
3525licensee renting, leasing, or licensing real property from the
3526turnpike enterprise, pursuant to an agreement authorized by this
3527section are required to pay any commercial rental tax imposed
3528under s. 212.031 on any capital improvements constructed,
3529improved, acquired, installed, or used for such purposes.
3530     Section 53.  Paragraph (c) of subsection (4) of section
3531348.0003, Florida Statutes, is amended to read:
3532     (4)
3533     (c)  Members of an authority shall be required to comply
3534with the applicable financial disclosure requirements of s. 8,
3535Art. II of the State Constitution ss. 112.3145, 112.3148, and
3536112.3149.
3537     Section 54.  Subsection (9) of section 348.0004, Florida
3538Statutes, is amended to read:
3539     348.0004  Purposes and powers.--
3540     (9)  The Legislature declares that there is a public need
3541for the rapid construction of safe and efficient transportation
3542facilities for traveling travel within the state and that it is
3543in the public's interest to provide for public-private
3544partnership agreements to effectuate the construction of
3545additional safe, convenient, and economical transportation
3546facilities.
3547     (a)  Notwithstanding any other provision of the Florida
3548Expressway Authority Act, any expressway authority,
3549transportation authority, bridge authority, or toll authority
3550may receive or solicit proposals and enter into agreements with
3551private entities, or consortia thereof, for the building,
3552operation, ownership, or financing of expressway authority
3553transportation facilities or new transportation facilities
3554within the jurisdiction of the expressway authority which
3555increase transportation capacity. An authority may not sell or
3556lease any transportation facility owned by the authority,
3557without providing the analysis required in s. 334.30(6)(e)2. to
3558the Legislative Budget Commission created pursuant to s. 11.90
3559for review and approval prior to awarding a contract on a lease
3560of an existing toll facility. An expressway authority is
3561authorized to adopt rules to implement this subsection and
3562shall, by rule, establish an application fee for the submission
3563of unsolicited proposals under this subsection. The fee must be
3564sufficient to pay the costs of evaluating the proposals. An
3565expressway authority may engage private consultants to assist in
3566the evaluation. Before approval, an expressway authority must
3567determine that a proposed project:
3568     1.  Is in the public's best interest.
3569     2.  Would not require state funds to be used unless the
3570project is on or provides increased mobility on the State
3571Highway System.
3572     3.  Would have adequate safeguards to ensure that no
3573additional costs or service disruptions would be realized by the
3574traveling public and residents citizens of the state in the
3575event of default or the cancellation of the agreement by the
3576expressway authority.
3577     4.  Would have adequate safeguards in place to ensure that
3578the department, the authority, or the private entity has the
3579opportunity to add capacity to the proposed project and other
3580transportation facilities serving similar origins and
3581destinations.
3582     5.  Would be owned by the authority upon completion or
3583termination of the agreement.
3584     (b)  An expressway authority shall ensure that all
3585reasonable costs to the state which are, related to
3586transportation facilities that are not part of the State Highway
3587System, are borne by the private entity. An expressway authority
3588shall also ensure that all reasonable costs to the state and
3589substantially affected local governments and utilities related
3590to the private transportation facility are borne by the private
3591entity for transportation facilities that are owned by private
3592entities. For projects on the State Highway System, the
3593department may use state resources to participate in funding and
3594financing the project as provided for under the department's
3595enabling legislation.
3596     (c)  The expressway authority may request proposals for
3597public-private transportation projects or, if it receives an
3598unsolicited proposal, it must publish a notice in the Florida
3599Administrative Weekly and a newspaper of general circulation in
3600the county in which it is located at least once a week for 2
3601weeks, stating that it has received the proposal and will
3602accept, for 60 days after the initial date of publication, other
3603proposals for the same project purpose. A copy of the notice
3604must be mailed to each local government in the affected areas.
3605After the public notification period has expired, the expressway
3606authority shall rank the proposals in order of preference. In
3607ranking the proposals, the expressway authority shall consider
3608professional qualifications, general business terms, innovative
3609engineering or cost-reduction terms, finance plans, and the need
3610for state funds to deliver the proposal. If the expressway
3611authority is not satisfied with the results of the negotiations,
3612it may, at its sole discretion, terminate negotiations with the
3613proposer. If these negotiations are unsuccessful, the expressway
3614authority may go to the second and lower-ranked firms, in order,
3615using the same procedure. If only one proposal is received, the
3616expressway authority may negotiate in good faith, and if it is
3617not satisfied with the results, it may, at its sole discretion,
3618terminate negotiations with the proposer. Notwithstanding this
3619paragraph, The expressway authority may, at its discretion,
3620reject all proposals at any point in the process up to
3621completion of a contract with the proposer.
3622     (d)  The department may lend funds from the Toll Facilities
3623Revolving Trust Fund, as outlined in s. 338.251, to public-
3624private partnerships. To be eligible a private entity must
3625comply with s. 338.251 and must provide an indication from a
3626nationally recognized rating agency that the senior bonds for
3627the project will be investment grade or must provide credit
3628support, such as a letter of credit or other means acceptable to
3629the department, to ensure that the loans will be fully repaid.
3630     (e)  Agreements entered into pursuant to this subsection
3631may authorize the public-private entity to impose tolls or fares
3632for the use of the facility. However, the amount and use of toll
3633or fare revenues shall be regulated by the expressway authority
3634to avoid unreasonable costs to users of the facility.
3635     (f)  Each public-private transportation facility
3636constructed pursuant to this subsection shall comply with all
3637requirements of federal, state, and local laws; state, regional,
3638and local comprehensive plans; the expressway authority's rules,
3639policies, procedures, and standards for transportation
3640facilities; and any other conditions that the expressway
3641authority determines to be in the public's best interest.
3642     (g)  An expressway authority may exercise any power
3643possessed by it, including eminent domain, to facilitate the
3644development and construction of transportation projects pursuant
3645to this subsection. An expressway authority may pay all or part
3646of the cost of operating and maintaining the facility or may
3647provide services to the private entity for which it receives
3648full or partial reimbursement for services rendered.
3649     (h)  Except as herein provided, this subsection is not
3650intended to amend existing laws by granting additional powers to
3651or further restricting the governmental entities from regulating
3652and entering into cooperative arrangements with the private
3653sector for the planning, construction, and operation of
3654transportation facilities. Use of the powers granted in this
3655subsection do not subject a statutorily created expressway
3656authority, transportation authority, bridge authority, or toll
3657authority, other than one created under this part, to any of the
3658requirements of this part other than those contained in this
3659subsection.
3660     Section 55.  Section 348.0012, Florida Statutes, is amended
3661to read:
3662     348.0012  Exemptions from applicability.--The Florida
3663Expressway Authority Act does not apply:
3664     (1)  In a county in which an expressway authority has been
3665created pursuant to parts II-IX of this chapter, except as
3666expressly provided in this part; or
3667     (2)  To a transportation authority created pursuant to
3668chapter 349.
3669     Section 56.  Subsection (6) is added to section 348.754,
3670Florida Statutes, to read:
3671     348.754  Purposes and powers.--
3672     (6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
3673County Expressway Authority may waive payment and performance
3674bonds on construction contracts for the construction of a public
3675building, for the prosecution and completion of a public work,
3676or for repairs on a public building or public work that has a
3677cost of $500,000 or less and when the project is awarded
3678pursuant to an economic development program for the
3679encouragement of local small businesses that has been adopted by
3680the governing body of the Orlando-Orange County Expressway
3681Authority pursuant to a resolution or policy.
3682     (b)  The authority's adopted criteria for participation in
3683the economic development program for local small businesses
3684requires that a participant:
3685     1.  Be an independent business.
3686     2.  Be principally domiciled in the Orange County Standard
3687Metropolitan Statistical Area.
3688     3.  Employ 25 or fewer full-time employees.
3689     4.  Have gross annual sales averaging $3 million or less
3690over the immediately preceding 3 calendar years with regard to
3691any construction element of the program.
3692     5.  Be accepted as a participant in the Orlando-Orange
3693County Expressway Authority's microcontracts program or such
3694other small business program as may be hereinafter enacted by
3695the Orlando-Orange County Expressway Authority.
3696     6.  Participate in an educational curriculum or technical
3697assistance program for business development that will assist the
3698small business in becoming eligible for bonding.
3699     (c)  The authority's adopted procedures for waiving payment
3700and performance bonds on projects with values not less than
3701$200,000 and not exceeding $500,000 shall provide that payment
3702and performance bonds may only be waived on projects that have
3703been set aside to be competitively bid on by participants in an
3704economic development program for local small businesses. The
3705authority's executive director or his or her designee shall
3706determine whether specific construction projects are suitable
3707for:
3708     1.  Bidding under the authority's microcontracts program by
3709registered local small businesses; and
3710     2.  Waiver of the payment and performance bond.
3711
3712The decision of the authority's executive director or deputy
3713executive director to waive the payment and performance bond
3714shall be based upon his or her investigation and conclusion that
3715there exists sufficient competition so that the authority
3716receives a fair price and does not undertake any unusual risk
3717with respect to such project.
3718     (d)  For any contract for which a payment and performance
3719bond has been waived pursuant to the authority set forth in this
3720section, the Orlando-Orange County Expressway Authority shall
3721pay all persons defined in s. 713.01 who furnish labor,
3722services, or materials for the prosecution of the work provided
3723for in the contract to the same extent and upon the same
3724conditions that a surety on the payment bond under s. 255.05
3725would have been obligated to pay such persons if the payment and
3726performance bond had not been waived. The authority shall record
3727notice of this obligation in the manner and location that surety
3728bonds are recorded. The notice shall include the information
3729describing the contract that s. 255.05(1) requires be stated on
3730the front page of the bond. Notwithstanding that s. 255.05(9)
3731generally applies when a performance and payment bond is
3732required, s. 255.05(9) shall apply under this subsection to any
3733contract on which performance or payment bonds are waived and
3734any claim to payment under this subsection shall be treated as a
3735contract claim pursuant to s. 255.05(9).
3736     (e)  A small business that has been the successful bidder
3737on six projects for which the payment and performance bond was
3738waived by the authority pursuant to paragraph (a) shall be
3739ineligible to bid on additional projects for which the payment
3740and performance bond is to be waived. The local small business
3741may continue to participate in other elements of the economic
3742development program for local small businesses as long as it is
3743eligible.
3744     (f)  The authority shall conduct bond eligibility training
3745for businesses qualifying for bond waiver under this subsection
3746to encourage and promote bond eligibility for such businesses.
3747     (g)  The authority shall prepare a biennial report on the
3748activities undertaken pursuant to this subsection to be
3749submitted to the Orange County legislative delegation. The
3750initial report shall be due December 31, 2010.
3751     Section 57.  Paragraph (a) of subsection (3) of section
3752163.3177, Florida Statutes, is amended to read:
3753     163.3177  Required and optional elements of comprehensive
3754plan; studies and surveys.--
3755     (3)(a)  The comprehensive plan shall contain a capital
3756improvements element designed to consider the need for and the
3757location of public facilities in order to encourage the
3758efficient utilization of such facilities and set forth:
3759     1.  A component which outlines principles for construction,
3760extension, or increase in capacity of public facilities, as well
3761as a component which outlines principles for correcting existing
3762public facility deficiencies, which are necessary to implement
3763the comprehensive plan. The components shall cover at least a 5-
3764year period.
3765     2.  Estimated public facility costs, including a
3766delineation of when facilities will be needed, the general
3767location of the facilities, and projected revenue sources to
3768fund the facilities.
3769     3.  Standards to ensure the availability of public
3770facilities and the adequacy of those facilities including
3771acceptable levels of service.
3772     4.  Standards for the management of debt.
3773     5.  A schedule of capital improvements which includes
3774publicly funded projects, and which may include privately funded
3775projects for which the local government has no fiscal
3776responsibility, necessary to ensure that adopted level-of-
3777service standards are achieved and maintained. For capital
3778improvements that will be funded by the developer, financial
3779feasibility shall be demonstrated by being guaranteed in an
3780enforceable development agreement or interlocal agreement
3781pursuant to paragraph (10)(h), or other enforceable agreement.
3782These development agreements and interlocal agreements shall be
3783reflected in the schedule of capital improvements if the capital
3784improvement is necessary to serve development within the 5-year
3785schedule. If the local government uses planned revenue sources
3786that require referenda or other actions to secure the revenue
3787source, the plan must, in the event the referenda are not passed
3788or actions do not secure the planned revenue source, identify
3789other existing revenue sources that will be used to fund the
3790capital projects or otherwise amend the plan to ensure financial
3791feasibility.
3792     6.  The schedule must include transportation improvements
3793included in the applicable metropolitan planning organization's
3794transportation improvement program adopted pursuant to s.
3795339.175(8)(7) to the extent that such improvements are relied
3796upon to ensure concurrency and financial feasibility. The
3797schedule must also be coordinated with the applicable
3798metropolitan planning organization's long-range transportation
3799plan adopted pursuant to s. 339.175(7)(6).
3800     Section 58.  Section 339.176, Florida Statutes, is amended
3801to read:
3802     339.176  Voting membership for M.P.O. with boundaries
3803including certain counties.--In addition to the voting
3804membership established by s. 339.175(3)(2) and notwithstanding
3805any other provision of law to the contrary, the voting
3806membership of any Metropolitan Planning Organization whose
3807geographical boundaries include any county as defined in s.
3808125.011(1) must include an additional voting member appointed by
3809that city's governing body for each city with a population of
381050,000 or more residents.
3811     Section 59.  Subsection (1) of section 341.828, Florida
3812Statutes, is amended to read:
3813     341.828  Permitting.--
3814     (1)  The authority, for the purposes of permitting, may
3815utilize one or more permitting processes provided for in
3816statute, including, but not limited to, the metropolitan
3817planning organization long-range transportation planning process
3818as defined in s. 339.175(6) and (7) and (8), in conjunction with
3819the Department of Transportation's work program process as
3820defined in s. 339.135, or any permitting process now in effect
3821or that may be in effect at the time of permitting and will
3822provide the most timely and cost-effective permitting process.
3823     Section 60.  Section 2 of chapter 89-383, Laws of Florida,
3824is amended to read:
3825     Section 2.  Red Road is hereby designated as a state
3826historic highway. No public funds shall be expended for:
3827     (1)  The removal of any healthy tree which is not a safety
3828hazard.
3829     (2)  Any alteration of the physical dimensions or location
3830of Red Road, the median strip thereof, the land adjacent
3831thereto, or any part of the original composition of the
3832entranceway, including the towers, the walls, and the lampposts.
3833     (3)  Any construction on or along Red Road of any new
3834structure, or any building, clearing, filling, or excavating on
3835or along Red Road except for routine maintenance or alterations,
3836modifications, or improvements to it and the adjacent right-of-
3837way made for the purpose of enhancing life safety for vehicular
3838or pedestrian use of Red Road if the number of traffic lanes is
3839not altered work which is essential to the health, safety, or
3840welfare of the environment.
3841     Section 61.  Subsection (27) is added to section 479.01,
3842Florida Statutes, to read:
3843     479.01  Definitions.--As used in this chapter, the term:
3844     (27)  "Wall mural" means a sign that is a painting or an
3845artistic work composed of photographs or arrangements of color
3846and that displays a commercial or noncommercial message, relies
3847solely on the side of the building for rigid structural support,
3848and is painted on the building or depicted on vinyl, fabric, or
3849other similarly flexible material that is held in place flush or
3850flat against the surface of the building. The term excludes a
3851painting or work placed on a structure that is erected for the
3852sole or primary purpose of signage.
3853     Section 62.  Section 479.156, Florida Statutes, is created
3854to read:
3855     479.156  Wall murals.--Notwithstanding any other provision
3856of this chapter, a municipality or county may permit and
3857regulate wall murals within areas designated by such government.
3858If a municipality or county permits wall murals, a wall mural
3859that displays a commercial message and is within 660 feet of the
3860nearest edge of the right-of-way within an area adjacent to the
3861interstate highway system or the federal-aid primary highway
3862system shall be located in an area that is zoned for industrial
3863or commercial use and the municipality or county shall establish
3864and enforce regulations for such areas that, at a minimum, set
3865forth criteria governing the size, lighting, and spacing of wall
3866murals consistent with the intent of the Highway Beautification
3867Act of 1965 and with customary use. A wall mural that is subject
3868to municipal or county regulation and the Highway Beautification
3869Act of 1965 must be approved by the Department of Transportation
3870and the Federal Highway Administration and may not violate the
3871agreement between the state and the United States Department of
3872Transportation or violate federal regulations enforced by the
3873Department of Transportation under s. 479.02(1). The existence
3874of a wall mural as defined in s. 479.01(27) shall not be
3875considered in determining whether a sign as defined in s.
3876479.01(17), either existing or new, is in compliance with s.
3877479.07(9)(a).
3878     Section 63.  Section 316.1951, Florida Statutes, is amended
3879to read:
3880     316.1951  Parking for certain purposes prohibited; sale of
3881motor vehicles; prohibited acts.--
3882     (1)  It is unlawful for any person to park a motor vehicle,
3883as defined in s. 320.01, for a continuous period in excess of 24
3884hours, after written notice, upon a public street or highway,
3885upon a public parking lot, or other public property, or upon
3886private property where the public has the right to travel by
3887motor vehicle, for the principal purpose and intent of
3888displaying the motor vehicle thereon for sale, hire, or rental
3889unless the sale, hire, or rental of the motor vehicle is
3890specifically authorized on such property by municipal or county
3891regulation and the person is duly licensed as a motor vehicle
3892dealer in accordance with s. 320.27, and the person is in
3893compliance with all municipal or county licensing regulations.
3894     (2)  The provisions of subsection (1) do not prohibit a
3895person from parking his or her own motor vehicle or his or her
3896other personal property on any private real property which the
3897person owns or leases or on private real property which the
3898person does not own or lease, but for which he or she obtains
3899the permission of the owner, or on the public street immediately
3900adjacent thereto, for the principal purpose and intent of sale,
3901hire, or rental.
3902     (3)  Subsection (1) does not prohibit a licensed motor
3903vehicle dealer from displaying for sale or offering for sale
3904motor vehicles at locations other than the dealer's licensed
3905location if the dealer has been issued a supplemental license
3906for off-premises sales, as provided in s. 320.27(5), and has
3907complied with the requirements in subsection (1). A vehicle
3908displayed for sale by a licensed dealer at any location other
3909than the dealer's licensed location is subject to immediate
3910removal without warning.
3911     (4)(3)  The Department of Highway Safety and Motor Vehicles
3912shall adopt by rule a uniform written notice to be used to
3913enforce this section. Each law enforcement agency in this state
3914shall provide, at each agency's expense, the notice forms
3915necessary to enforce this section.
3916     (5)(4)  A law enforcement officer, compliance officer
3917examiner, license inspector, or supervisor of the department may
3918cause to be removed at the owner's expense any motor vehicle
3919found upon a public street, public parking lot, other public
3920property, or private property, where the public has the right to
3921travel by motor vehicle, which is in violation of subsection
3922(1), which has been parked in one location for more than 24
3923hours after a written notice has been issued. Every written
3924notice issued pursuant to this section shall be affixed in a
3925conspicuous place upon a vehicle by a law enforcement officer,
3926compliance officer examiner, license inspector, or supervisor of
3927the department. Any vehicle found in violation of subsection (1)
3928within 30 10 days after a previous violation and written notice
3929is shall be subject to immediate removal without an additional
3930waiting period.
3931     (6)  It is unlawful to offer a vehicle for sale if the
3932vehicle identification number has been destroyed, removed,
3933covered, altered, or defaced, as described in s. 319.33(1)(d). A
3934vehicle found in violation of this subsection is subject to
3935immediate removal without warning.
3936     (7)  It is unlawful to knowingly attach to any motor
3937vehicle a registration that was not assigned or lawfully
3938transferred to the vehicle pursuant to s. 320.261. A vehicle
3939found in violation of this subsection is subject to immediate
3940removal without warning.
3941     (8)  It is unlawful to display or offer for sale a vehicle
3942that does not have a valid registration as provided in s.
3943320.02. A vehicle found in violation of this subsection is
3944subject to immediate removal without warning. This subsection
3945does not apply to vehicles and recreational vehicles being
3946offered for sale through motor vehicle auctions as defined in s.
3947320.27(1)(c)4.
3948     (9)  A vehicle is subject to immediate removal without
3949warning if it bears a telephone number that has been displayed
3950on three or more vehicles offered for sale within a 12-month
3951period.
3952     (10)(5)  Any other provision of law to the contrary
3953notwithstanding, a violation of subsection (1) shall subject the
3954owner of such motor vehicle to towing fees reasonably
3955necessitated by removal and storage of the motor vehicle.
3956     (11)(6)  This section does not prohibit the governing body
3957of a municipality or county, with respect to streets, highways,
3958or other property under its jurisdiction, from regulating the
3959parking of motor vehicles for any purpose.
3960     (12)(7)  A violation of this section is a noncriminal
3961traffic infraction, punishable as a nonmoving violation as
3962provided in chapter 318, unless otherwise mandated by general
3963law.
3964     Section 64.  The Department of Management Services is
3965appropriated spending authority for Fixed Capital Outlay funds
3966up to $33.5 million to issue bonds for the site development and
3967construction of a First District Court of Appeals facility on a
3968portion of parcel 3 at Capital Circle Office Center. Bond
3969proceeds will be placed in the Public Facilities Financing Trust
3970Fund. The buildings must be constructed using Leadership in
3971Energy and Environmental Design standards for construction.
3972     Section 65.  This act shall take effect July 1, 2007.


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