Bill Amendment: FL S1038 | 2022 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Florida Seaport Transportation and Economic Development Council
Status: 2022-06-08 - Approved by Governor [S1038 Detail]
Download: Florida-2022-S1038-Senate_Floor_Amendment_728046.html
Bill Title: Florida Seaport Transportation and Economic Development Council
Status: 2022-06-08 - Approved by Governor [S1038 Detail]
Download: Florida-2022-S1038-Senate_Floor_Amendment_728046.html
Florida Senate - 2022 SENATOR AMENDMENT Bill No. SB 1038 Ì7280460Î728046 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Diaz moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 70 and 71 4 insert: 5 Section 2. Section 348.0302, Florida Statutes, is repealed. 6 Section 3. Subsection (4) of section 348.0303, Florida 7 Statutes, is amended to read: 8 348.0303 Definitions.—As used in the this part, the term: 9(4)“County” means a county as defined in s. 125.011(1).10 Section 4. Subsection (1) and paragraphs (a) and (b) of 11 subsection (2) of section 348.0304, Florida Statutes, are 12 amended to read: 13 348.0304 Greater Miami Expressway Agency.— 14 (1) There is hereby created and established a body politic 15 and corporate, an agency of the state, to be known as the 16 “Greater Miami Expressway Agency.” The agency shall serve the 17 area within the geographical boundaries of Miami-Dade County and 18 that portion of Monroe County located north of C.R. 94. 19 (2)(a) The governing body of the agency shall consist of 20 nine voting members.Except for the district secretary of the21department,Each voting member must be a permanent resident of 22 the county he or she is appointed to represent and may not hold, 23 or have held in the previous 2 years, elected or appointed 24 office in suchthecounty. Each member may only serve two terms 25 of 4 years each. Four members shall be appointed by the 26 Governor, one of whom must be a member of the metropolitan 27 planning organization for athecounty served by the agency. 28 Each county served by the agency shall be represented by the 29 following: 30 1. One memberTwo members, who must be a residentresidents31 of an unincorporated portion of the county who residesresiding32 within 15 miles of an area with the highest amount of agency 33 toll roads, shall be appointed by the board of county 34 commissioners of the county. 35 2. One memberTwo members, who must be a residentresidents36 of an incorporated municipalitymunicipalities within the37county, shall be appointed by the metropolitan planning 38 organization for the county. 39 40 The district secretary of the department serving in the district 41 that contains the two countiescountyshall serve as an ex 42 officio voting member of the governing body. 43 (b) Initial appointments to the governing body of the 44 agency shall be made by July 31, 2019. For the initial 45 appointments: 46 1. The Governor shall appoint one member for a term of 1 47 year, one member for a term of 2 years, one member for a term of 48 3 years, and one member for a term of 4 years. 49 2. EachTheboard of county commissioners shall appoint one 50 member for a term of 1 year and one member for a term of 3 51 years. 52 3. The metropolitan planning organization shall appoint one 53 member for a term of 2 years and one member for a term of 4 54 years. 55 Section 5. Paragraph (b) of subsection (1), paragraph (f) 56 of subsection (2), and subsections (6) and (8) of section 57 348.0306, Florida Statutes, are amended to read: 58 348.0306 Purposes and powers.— 59 (1) 60 (b) The agency, in the construction of an expressway 61 system, mayshallconstruct expressways. Construction of an 62 expressway system may be completed in segments, phases, or 63 stages in a manner that will permit the expansion of these 64 segments, phases, or stages to the desired expressway 65 configuration. The agency, in the construction of an expressway 66 system, may construct any extensions of, additions to, or 67 improvements to the expressway system or appurtenant facilities, 68 including all necessary approaches, roads, bridges, and avenues 69 of access, with such changes, modifications, or revisions of the 70 project that are deemed desirable and proper. For new capacity 71 projects, the agency shall use the department’s design standards 72 and, to the maximum extent practicable, design facilities such 73 as the department would for high-speed limited access 74 facilities. The agency may only add additional expressways to an 75 expressway system, under the terms and conditions set forth in 76 this act, with the prior express written consent of the board of 77 county commissioners of athecounty served by the agency, and 78 only if such additional expressways lack adequate committed 79 funding for implementation, are financially feasible, and are 80 compatible with the existing plans, projects, and programs of 81 the agency. 82 (2) The agency may exercise all powers necessary, 83 appurtenant, convenient, or incidental to the carrying out of 84 its purposes, including, but not limited to, the following 85 rights and powers: 86 (f) To borrow money, make and issue negotiable notes, 87 bonds, refund bonds, and other evidence of indebtedness of the 88 agency, which bonds or other evidence of indebtedness may be 89 issued pursuant to the State Bond Act or, in the alternative, 90 pursuant to s. 348.0309(2) to finance or refinance additions, 91 extensions, or improvements to the expressway system within the 92 geographic boundaries of the agency, and to provide for the 93 security of the bonds or other evidence of indebtedness and the 94 rights and remedies of the holders of the bonds or other 95 evidence of indebtedness. Any bonds or other evidence of 96 indebtedness pledging the full faith and credit of the state may 97 only be issued pursuant to the State Bond Act. 98 1. The agency shall reimburse the countiescountyin which 99 it exists for any sums expended from any county gasoline tax 100 funds used for payment of such obligations. Any county gasoline 101 tax funds so disbursed shall be repaid in accordance with the 102 terms of any lease-purchase or interlocal agreement with any 103 county or the department together with interest, at the rate 104 agreed to in such agreement. In no event shall any county 105 gasoline tax funds be more than a secondary pledge of revenues 106 for repayment of any obligations issued pursuant to this part. 107 2. The agency may refund any bonds previously issued, to 108 the extent allowable by federal tax laws, to finance or 109 refinance an expressway system located within the geographic 110 boundaries of the agency regardless of whether the bonds being 111 refunded were issued by such agency, an agency of the state, or 112 a county. 113 (6) Notwithstanding subsection (3) or any other provision 114 of law to the contrary, the agency may not undertake any 115 construction that is not consistent with both athemetropolitan 116 planning organization’s transportation improvement program and a 117thecounty’s comprehensive plan in an area served by the agency. 118 (8) The governing body of athecounty served by the agency 119 may enter into an interlocal agreement with the agency pursuant 120 to s. 163.01 for the joint performance or performance by either 121 governmental entity of any corporate function of the county or 122 agency necessary or appropriate to enable the agency to fulfill 123 the powers and purposes of this part and promote the efficient 124 and effective transportation of persons and goods in such 125 county. 126 Section 6. Subsection (2) of section 348.0307, Florida 127 Statutes, is amended to read: 128 348.0307 Greater Miami Toll Rebate Program.—There is 129 created by the agency the Greater Miami Toll Rebate Program. 130 (2) Monthly rebates shall be credited to the account of 131 each SunPass holder who incurs $12.50 or more in tolls on the 132 expressway system each month and whose SunPass is registered to 133 a motor vehicle registered to an address in athecounty served 134 by the agency. 135 Section 7. Paragraph (c) of subsection (2) of section 136 348.0309, Florida Statutes, is amended to read: 137 348.0309 Bonds.— 138 (2) 139 (c) Such bonds shall be sold by the agency at public sale 140 by competitive bid. However, if the agency, after receipt of a 141 written recommendation from a financial adviser, determines by 142 official action after public hearing by a two-thirds vote of all 143 voting members of the agency that a negotiated sale of the bonds 144 is in the best interest of the agency, the agency may negotiate 145 for sale of the bonds with the underwriter or underwriters 146 designated by the agency and the countiescountyin which the 147 agency exists. The agency shall provide specific findings in a 148 resolution as to the reasons requiring the negotiated sale, 149 which resolution shall incorporate and have attached thereto the 150 written recommendation of the financial adviser required by this 151 subsection. 152 Section 8. Subsection (2) of section 348.0315, Florida 153 Statutes, is amended to read: 154 348.0315 Public accountability.— 155 (2) Beginning October 1, 2020, and annually thereafter, the 156 agency shall submit to the metropolitan planning organization 157 for eachthecounty served by the agency a report providing 158 information regarding the amount of tolls collected and how 159 those tolls were used in the agency’s previous fiscal year. The 160 report shall be posted on the agency’s website. 161 Section 9. Subsection (1) of section 348.0318, Florida 162 Statutes, is amended to read: 163 348.0318 This part complete and additional authority.— 164 (1) The powers conferred by this part are in addition and 165 supplemental to the existing powers of the department and the 166 governing body of the agency, and this part may not be construed 167 as repealing any of the provisions of any other law, general, 168 special, or local, but to supersede such other laws in the 169 exercise of the powers provided in this part and to provide a 170 complete method for the exercise of the powers granted in this 171 part. The extension and improvement of the expressway system, 172 and the issuance of bonds pursuant to this part to finance all 173 or part of the cost of the system, may be accomplished upon 174 compliance with the provisions of this part without regard to or 175 necessity for compliance with the provisions, limitations, or 176 restrictions contained in any other general, special, or local 177 law, including, but not limited to, s. 215.821, and no approval 178 of any bonds issued under this part by the qualified electors or 179 qualified electors who are freeholders in the state,orin 180 Miami-Dade County, in Monroe County, or in any other political 181 subdivision of the state,is required for the issuance of such 182 bonds pursuant to this part, including, but not limited to, s. 183 215.821. 184 185 ================= T I T L E A M E N D M E N T ================ 186 And the title is amended as follows: 187 Delete lines 2 - 14 188 and insert: 189 An act relating to transportation systems; amending s. 190 311.09, F.S.; revising the membership of the Florida 191 Seaport Transportation and Economic Development 192 Council to include a representative of Putnam County; 193 authorizing Putnam County to apply for a grant for a 194 port feasibility study through the Florida Seaport 195 Transportation and Economic Development Council; 196 providing for the evaluation of the application; 197 requiring the Department of Transportation to include 198 the study in its budget request under certain 199 circumstances; terminating the membership of Putnam 200 County on the council under certain circumstances; 201 repealing s. 348.0302, F.S., relating to applicability 202 regarding the Greater Miami Expressway Agency Act; 203 amending s. 348.0303, F.S.; deleting the definition of 204 the term “county”; amending s. 348.0304, F.S.; 205 expanding the Greater Miami Expressway Agency to serve 206 a certain portion of Monroe County; conforming 207 provisions relating to appointment to and membership 208 of the governing body of the agency; amending s. 209 348.0306, F.S.; authorizing, rather than requiring, 210 the agency to construct expressways; conforming 211 provisions to changes made by the act; amending ss. 212 348.0307, 348.0309, 348.0315, and 348.0318, F.S.; 213 conforming provisions to changes made by the act;