Bill Text: FL S0898 | 2019 | Regular Session | Comm Sub


Bill Title: Transportation

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-04-18 - CS/CS by- Appropriations; YEAS 19 NAYS 0 [S0898 Detail]

Download: Florida-2019-S0898-Comm_Sub.html
       Florida Senate - 2019                              CS for SB 898
       
       
        
       By the Committee on Infrastructure and Security; and Senator
       Diaz
       
       
       
       
       596-02963-19                                           2019898c1
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; conforming provisions to changes made by the
    4         act; amending s. 112.3144, F.S.; deleting an obsolete
    5         provision; requiring members of certain authorities to
    6         comply with certain financial disclosure requirements;
    7         amending s. 212.055, F.S.; revising the required uses
    8         of proceeds from charter county and regional
    9         transportation system surtaxes; requiring certain
   10         counties to use surtax proceeds for purposes related
   11         to fixed guideway rapid transit systems, bus systems,
   12         and development of dedicated facilities for autonomous
   13         vehicles; authorizing the use of surtax proceeds for
   14         the purchase of rights-of-way under certain
   15         circumstances; authorizing the use of surtax proceeds
   16         for refinancing existing or issuing new bonds;
   17         authorizing a percentage of surtax proceeds to be
   18         distributed to certain municipalities to be used for
   19         certain purposes; prohibiting the use of such proceeds
   20         for certain purposes; amending s. 215.68, F.S.;
   21         conforming provisions to changes made by the act;
   22         reviving, reenacting, and amending s. 319.141, F.S.;
   23         requiring the Department of Highway Safety and Motor
   24         Vehicles to oversee a program, rather than a pilot
   25         program, to evaluate alternatives to certain rebuilt
   26         inspection services; deleting obsolete provisions;
   27         amending s. 334.175, F.S.; requiring the Department of
   28         Transportation to approve design plans for all
   29         transportation projects relating to department-owned
   30         rights-of-way under certain circumstances; amending s.
   31         337.025, F.S.; authorizing the department to establish
   32         a program for transportation projects that demonstrate
   33         certain innovative techniques for measuring resiliency
   34         and structural integrity and controlling time and cost
   35         increases; amending s. 338.165, F.S.; conforming
   36         provisions to changes made by the act; amending s.
   37         338.166, F.S.; limiting the toll rate for high
   38         occupancy toll lanes or express lanes in certain
   39         counties; amending s. 338.231, F.S.; requiring the
   40         department to commit all net toll collections
   41         attributable to users of turnpike facilities in
   42         certain counties to projects and bond finance
   43         commitments in each respective county; creating s.
   44         338.271, F.S.; requiring the department to assume the
   45         assets and liabilities of the former Miami-Dade County
   46         Expressway Authority; requiring the department to
   47         continue tolls on certain facilities until bond
   48         obligations are fully discharged; prohibiting certain
   49         toll increases on former authority facilities;
   50         requiring specified fees to be deposited in a
   51         specified trust fund to be used for specified
   52         purposes; providing for the use of excess revenues;
   53         prohibiting facilities of the former authority from
   54         becoming facilities of the Florida Turnpike
   55         Enterprise; providing that such facilities are not
   56         subject to the Florida Turnpike Enterprise Law;
   57         amending s. 343.1003, F.S.; revising a cross
   58         reference; repealing part I of chapter 348, F.S.,
   59         relating to the creation and operation of the Florida
   60         Expressway Authority Act; transferring the assets and
   61         liabilities of the Miami-Dade County Expressway
   62         Authority to the department; providing terms of the
   63         transfer; providing that the department succeeds to
   64         all powers of the authority; providing that revenues
   65         collected on the expressway system are department
   66         revenues; requiring the department, in consultation
   67         with the Division of Bond Finance, to review certain
   68         documents of the authority; providing terms and
   69         conditions of the transfer; providing requirements for
   70         the use of cost savings and unencumbered cash
   71         balances; requiring the department to display certain
   72         signs; requiring an annual report to the Miami-Dade
   73         County Board of County Commissioners and the Miami
   74         Dade County Transportation Planning Organization;
   75         creating ss. 348.635 and 348.7605, F.S.; providing a
   76         legislative declaration; authorizing the Tampa
   77         Hillsborough County Expressway Authority and the
   78         Central Florida Expressway Authority, respectively, to
   79         enter into public-private partnership agreements;
   80         authorizing solicitation or receipt of certain
   81         proposals; providing rulemaking authority; providing
   82         approval requirements; requiring certain costs to be
   83         borne by the private entity; providing notice
   84         requirements for requests for proposals; providing for
   85         ranking and negotiation of proposals; requiring the
   86         authorities to regulate tolls on certain facilities;
   87         requiring compliance with specified laws, rules, and
   88         conditions; providing for development, construction,
   89         operation, and maintenance of transportation projects
   90         by the authorities or private entities; providing
   91         construction; repealing part V of ch. 348, F.S.,
   92         relating to the Osceola County Expressway Authority
   93         Law; providing effective dates.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Paragraph (b) of subsection (2) of section
   98  20.23, Florida Statutes, is amended to read:
   99         20.23 Department of Transportation.—There is created a
  100  Department of Transportation which shall be a decentralized
  101  agency.
  102         (2)
  103         (b) The commission shall:
  104         1. Recommend major transportation policies for the
  105  Governor’s approval and assure that approved policies and any
  106  revisions are properly executed.
  107         2. Periodically review the status of the state
  108  transportation system including highway, transit, rail, seaport,
  109  intermodal development, and aviation components of the system
  110  and recommend improvements to the Governor and the Legislature.
  111         3. Perform an in-depth evaluation of the annual department
  112  budget request, the Florida Transportation Plan, and the
  113  tentative work program for compliance with all applicable laws
  114  and established departmental policies. Except as specifically
  115  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  116  not consider individual construction projects, but shall
  117  consider methods of accomplishing the goals of the department in
  118  the most effective, efficient, and businesslike manner.
  119         4. Monitor the financial status of the department on a
  120  regular basis to assure that the department is managing revenue
  121  and bond proceeds responsibly and in accordance with law and
  122  established policy.
  123         5. Monitor on at least a quarterly basis, the efficiency,
  124  productivity, and management of the department using performance
  125  and production standards developed by the commission pursuant to
  126  s. 334.045.
  127         6. Perform an in-depth evaluation of the factors causing
  128  disruption of project schedules in the adopted work program and
  129  recommend to the Governor and the Legislature methods to
  130  eliminate or reduce the disruptive effects of these factors.
  131         7. Recommend to the Governor and the Legislature
  132  improvements to the department’s organization in order to
  133  streamline and optimize the efficiency of the department. In
  134  reviewing the department’s organization, the commission shall
  135  determine if the current district organizational structure is
  136  responsive to this state’s changing economic and demographic
  137  development patterns. The initial report by the commission must
  138  be delivered to the Governor and the Legislature by December 15,
  139  2000, and each year thereafter, as appropriate. The commission
  140  may retain experts as necessary to carry out this subparagraph,
  141  and the department shall pay the expenses of the experts.
  142         8. Monitor the efficiency, productivity, and management of
  143  the authorities created under chapters 348 and 349, including
  144  any authority formed using part I of chapter 348; the Mid-Bay
  145  Bridge Authority re-created pursuant to chapter 2000-411, Laws
  146  of Florida; and any authority formed under chapter 343. The
  147  commission shall also conduct periodic reviews of each
  148  authority’s operations and budget, acquisition of property,
  149  management of revenue and bond proceeds, and compliance with
  150  applicable laws and generally accepted accounting principles.
  151         Section 2. Subsection (1) of section 112.3144, Florida
  152  Statutes, is amended to read:
  153         112.3144 Full and public disclosure of financial
  154  interests.—
  155         (1)(a) An officer who is required by s. 8, Art. II of the
  156  State Constitution to file a full and public disclosure of his
  157  or her financial interests for any calendar or fiscal year shall
  158  file that disclosure with the Florida Commission on Ethics.
  159  Additionally, beginning January 1, 2015, an officer who is
  160  required to complete annual ethics training pursuant to s.
  161  112.3142 must certify on his or her full and public disclosure
  162  of financial interests that he or she has completed the required
  163  training.
  164         (b)A member of an expressway authority, transportation
  165  authority, bridge authority, or toll authority created pursuant
  166  to chapter 343, chapter 348, or any other general law shall
  167  comply with the applicable financial disclosure requirements of
  168  s. 8, Art. II of the State Constitution.
  169         Section 3. Paragraph (d) of subsection (1) of section
  170  212.055, Florida Statutes, is amended to read:
  171         212.055 Discretionary sales surtaxes; legislative intent;
  172  authorization and use of proceeds.—It is the legislative intent
  173  that any authorization for imposition of a discretionary sales
  174  surtax shall be published in the Florida Statutes as a
  175  subsection of this section, irrespective of the duration of the
  176  levy. Each enactment shall specify the types of counties
  177  authorized to levy; the rate or rates which may be imposed; the
  178  maximum length of time the surtax may be imposed, if any; the
  179  procedure which must be followed to secure voter approval, if
  180  required; the purpose for which the proceeds may be expended;
  181  and such other requirements as the Legislature may provide.
  182  Taxable transactions and administrative procedures shall be as
  183  provided in s. 212.054.
  184         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
  185  SURTAX.—
  186         (d)1.Except as set forth in subparagraph 2., proceeds from
  187  the surtax shall be applied to as many or as few of the uses
  188  enumerated below in whatever combination the county commission
  189  deems appropriate:
  190         a.1. Deposited by the county in the trust fund and shall be
  191  used for the purposes of development, construction, equipment,
  192  maintenance, operation, supportive services, including a
  193  countywide bus system, on-demand transportation services, and
  194  related costs of a fixed guideway rapid transit system;
  195         b.2. Remitted by the governing body of the county to an
  196  expressway, transit, or transportation authority created by law
  197  to be used, at the discretion of such authority, for the
  198  development, construction, operation, or maintenance of roads or
  199  bridges in the county, for the operation and maintenance of a
  200  bus system, for the operation and maintenance of on-demand
  201  transportation services, for the payment of principal and
  202  interest on existing bonds issued for the construction of such
  203  roads or bridges, and, upon approval by the county commission,
  204  such proceeds may be pledged for bonds issued to refinance
  205  existing bonds or new bonds issued for the construction of such
  206  roads or bridges;
  207         3. Used by the county for the development, construction,
  208  operation, and maintenance of roads and bridges in the county;
  209  for the expansion, operation, and maintenance of bus and fixed
  210  guideway systems; for the expansion, operation, and maintenance
  211  of on-demand transportation services; and for the payment of
  212  principal and interest on bonds issued for the construction of
  213  fixed guideway rapid transit systems, bus systems, roads, or
  214  bridges; and such proceeds may be pledged by the governing body
  215  of the county for bonds issued to refinance existing bonds or
  216  new bonds issued for the construction of such fixed guideway
  217  rapid transit systems, bus systems, roads, or bridges and no
  218  more than 25 percent used for nontransit uses; and
  219         c.4. Used by the county for the planning, development,
  220  construction, operation, and maintenance of roads and bridges in
  221  the county; for the planning, development, expansion, operation,
  222  and maintenance of bus and fixed guideway systems; for the
  223  planning, development, construction, expansion, operation, and
  224  maintenance of on-demand transportation services; and for the
  225  payment of principal and interest on bonds issued for the
  226  construction of fixed guideway rapid transit systems, bus
  227  systems, roads, or bridges; and such proceeds may be pledged by
  228  the governing body of the county for bonds issued to refinance
  229  existing bonds or new bonds issued for the construction of such
  230  fixed guideway rapid transit systems, bus systems, roads, or
  231  bridges. Pursuant to an interlocal agreement entered into
  232  pursuant to chapter 163, the governing body of the county may
  233  distribute proceeds from the tax to a municipality, or an
  234  expressway or transportation authority created by law to be
  235  expended for the purpose authorized by this paragraph. Any
  236  county that has entered into interlocal agreements for
  237  distribution of proceeds to one or more municipalities in the
  238  county shall revise such interlocal agreements no less than
  239  every 5 years in order to include any municipalities that have
  240  been created since the prior interlocal agreements were
  241  executed.
  242         2.a.Beginning October 1, 2022, and to the extent not
  243  prohibited by contracts or bond covenants in effect on that
  244  date, a county as defined in s. 125.011(1) shall use proceeds of
  245  the surtax only for the following purposes:
  246         (I)The planning, design, engineering, or construction of
  247  fixed guideway rapid transit systems and bus systems, including
  248  bus rapid transit systems, and for the development of dedicated
  249  facilities for autonomous vehicles as defined in s. 316.003.
  250         (II)The acquisition of rights-of-way for fixed guideway
  251  rapid transit systems and bus systems, including bus rapid
  252  transit systems, and for the development of dedicated facilities
  253  for autonomous vehicles as defined in s. 316.003.
  254         (III)The purchase of buses or other capital costs for bus
  255  systems, including bus rapid transit systems.
  256         (IV)The payment of principal and interest on bonds
  257  previously issued related to fixed guideway rapid transit
  258  systems or bus systems.
  259         (V)As security by the governing body of the county to
  260  refinance existing bonds or to issue new bonds for the planning,
  261  design, engineering, or construction of fixed guideway rapid
  262  transit systems, bus rapid transit systems, or bus systems.
  263         b.Effective October 1, 2022, to the extent not prohibited
  264  by contracts or bond covenants in effect on that date, not more
  265  than 25 percent of the surtax proceeds may be distributed to
  266  municipalities in total in a county as defined in s. 125.011(1).
  267  Such municipalities may use the surtax proceeds to plan,
  268  develop, construct, operate, and maintain roads and bridges in
  269  the municipality and to pay the principal and interest on bonds
  270  issued to construct roads or bridges. The governing body of the
  271  municipality may pledge the proceeds for bonds issued to
  272  refinance existing bonds or new bonds issued to construct such
  273  roads or bridges. Additionally, each such municipality may use
  274  surtax proceeds for transit systems within the municipality.
  275         c.Effective October 1, 2022, in a county as defined in s.
  276  125.011(1), proceeds from the surtax may not be used for
  277  salaries or other personnel expenses of the county
  278  transportation department.
  279         Section 4. Subsection (2) of section 215.68, Florida
  280  Statutes, is amended to read:
  281         215.68 Issuance of bonds; form; maturity date, execution,
  282  sale.—
  283         (2) Such bonds may:
  284         (a) Be issued in either coupon form or registered form or
  285  both;
  286         (b) Have such date or dates of issue and such maturities,
  287  not exceeding in any event 40 years from the date of issuance
  288  thereof;
  289         (c) Bear interest at a rate or rates not exceeding the
  290  interest rate limitation set forth in s. 215.84(3);
  291         (d) Have such provisions for registration of coupon bonds
  292  and conversion and reconversion of bonds from coupon to
  293  registered form or from registered form to coupon form;
  294         (e) Have such provisions for payment at maturity and
  295  redemption before prior to maturity at such time or times and at
  296  such price or prices; and
  297         (f) Be payable at such place or places within or without
  298  the state as the board shall determine by resolution.
  299  
  300  The foregoing terms and conditions do not supersede the
  301  limitations provided in chapter 348, part I, relating to the
  302  issuance of bonds.
  303         Section 5. Notwithstanding the repeal of section 319.141,
  304  Florida Statutes, which occurred on July 1, 2018, that section
  305  is revived, reenacted, and amended, to read:
  306         319.141 Pilot Rebuilt motor vehicle inspection program.—
  307         (1) As used in this section, the term:
  308         (a) “Facility” means a rebuilt motor vehicle inspection
  309  facility authorized and operating under this section.
  310         (b) “Rebuilt inspection services” means an examination of a
  311  rebuilt vehicle and a properly endorsed certificate of title,
  312  salvage certificate of title, or manufacturer’s statement of
  313  origin and an application for a rebuilt certificate of title, a
  314  rebuilder’s affidavit, a photograph of the junk or salvage
  315  vehicle taken before repairs began, receipts or invoices for all
  316  major component parts, as defined in s. 319.30, and repairs
  317  which were changed, and proof that notice of rebuilding of the
  318  vehicle has been reported to the National Motor Vehicle Title
  319  Information System.
  320         (2) By July 1, 2015, The department shall oversee a pilot
  321  program in Miami-Dade County to evaluate alternatives to the for
  322  rebuilt inspection services currently provided offered by
  323  existing private sector operators, including the continued use
  324  of private facilities, the cost impact to consumers, and the
  325  potential savings to the department.
  326         (3) The department shall establish a memorandum of
  327  understanding that allows private parties participating in the
  328  pilot program to conduct rebuilt motor vehicle inspections and
  329  specifies requirements for oversight, bonding and insurance,
  330  procedures, and forms and requires the electronic transmission
  331  of documents.
  332         (4) Before an applicant is approved, the department shall
  333  ensure that the applicant meets basic criteria designed to
  334  protect the public. At a minimum, the applicant shall meet all
  335  of the following requirements:
  336         (a) Have and maintain a surety bond or irrevocable letter
  337  of credit in the amount of $100,000 executed by the applicant.
  338         (b) Secure and maintain a facility at a permanent structure
  339  at an address recognized by the United States Postal Service
  340  where the only services provided on such property are rebuilt
  341  inspection services. The operator of a facility shall annually
  342  attest that he or she is not employed by or does not have an
  343  ownership interest in or other financial arrangement with the
  344  owner, operator, manager, or employee of a motor vehicle repair
  345  shop as defined in s. 559.903, a motor vehicle dealer as defined
  346  in s. 320.27(1)(c), a towing company, a vehicle storage company,
  347  a vehicle auction, an insurance company, a salvage yard, a metal
  348  retailer, or a metal rebuilder, from which he or she receives
  349  remuneration, directly or indirectly, for the referral of
  350  customers for rebuilt inspection services.
  351         (c) Have and maintain garage liability and other insurance
  352  required by the department.
  353         (d) Have completed criminal background checks of the
  354  owners, partners, and corporate officers and the inspectors
  355  employed by the facility.
  356         (e) Meet any additional criteria the department determines
  357  necessary to conduct proper inspections.
  358         (5) A participant in the program shall access vehicle and
  359  title information and enter inspection results through an
  360  electronic filing system authorized by the department and shall
  361  maintain records of each rebuilt vehicle inspection processed at
  362  such facility for at least 5 years.
  363         (6) The department shall immediately terminate any operator
  364  from the program who fails to meet the minimum eligibility
  365  requirements specified in subsection (4). Before a change in
  366  ownership of a rebuilt inspection facility, the current operator
  367  must give the department 45 days’ written notice of the intended
  368  sale. The prospective owner must meet the eligibility
  369  requirements of this section and execute a new memorandum of
  370  understanding with the department before operating the facility.
  371         (7) This section is repealed on July 1, 2018, unless saved
  372  from repeal through reenactment by the Legislature.
  373         Section 6. Section 334.175, Florida Statutes, is amended to
  374  read:
  375         334.175 Certification of project design plans and surveys.—
  376         (1) All design plans and surveys prepared by or for the
  377  department shall be signed, sealed, and certified by the
  378  professional engineer or surveyor or architect or landscape
  379  architect in responsible charge of the project work. Such
  380  professional engineer, surveyor, architect, or landscape
  381  architect must be duly registered in this state.
  382         (2)For all transportation projects on, under, over, or
  383  abutting a department-owned right-of-way and regardless of
  384  funding source, the department shall approve the design plans
  385  for such projects if such design plans meet department design
  386  standards.
  387         Section 7. Section 337.025, Florida Statutes, is amended to
  388  read:
  389         337.025 Innovative transportation highway projects;
  390  department to establish program.—
  391         (1) The department may is authorized to establish a program
  392  for transportation highway projects demonstrating innovative
  393  techniques of highway and bridge design, construction,
  394  maintenance, and finance which have the intended effect of
  395  measuring resiliency and structural integrity and controlling
  396  time and cost increases on construction projects. Such
  397  techniques may include, but are not limited to, state-of-the-art
  398  technology for pavement, safety, and other aspects of highway
  399  and bridge design, construction, and maintenance; innovative
  400  bidding and financing techniques; accelerated construction
  401  procedures; and those techniques that have the potential to
  402  reduce project life cycle costs. To the maximum extent
  403  practical, the department must use the existing process to award
  404  and administer construction and maintenance contracts. When
  405  specific innovative techniques are to be used, the department is
  406  not required to adhere to those provisions of law that would
  407  prevent, preclude, or in any way prohibit the department from
  408  using the innovative technique. However, before prior to using
  409  an innovative technique that is inconsistent with another
  410  provision of law, the department must document in writing the
  411  need for the exception and identify what benefits the traveling
  412  public and the affected community are anticipated to receive.
  413  The department may enter into no more than $120 million in
  414  contracts annually for the purposes authorized by this section.
  415         (2) The annual cap on contracts provided in subsection (1)
  416  shall not apply to:
  417         (a) Turnpike enterprise projects, and turnpike enterprise
  418  projects shall not be counted toward the department’s annual
  419  cap.
  420         (b) Transportation projects funded by the American Recovery
  421  and Reinvestment Act of 2009.
  422         Section 8. Subsections (2) and (5) of section 338.165,
  423  Florida Statutes, are amended to read:
  424         338.165 Continuation of tolls.—
  425         (2) If the revenue-producing project is on the State
  426  Highway System, any remaining toll revenue shall be used for the
  427  construction, maintenance, or improvement of any road on the
  428  State Highway System within the county or counties in which the
  429  revenue-producing project is located, except as provided in s.
  430  348.0004.
  431         (5) If the revenue-producing project is on the county road
  432  system, any remaining toll revenue shall be used for the
  433  construction, maintenance, or improvement of any other state or
  434  county road within the county or counties in which the revenue
  435  producing project is located, except as provided in s. 348.0004.
  436         Section 9. Present subsections (5), (6), and (7) of section
  437  338.166, Florida Statutes, are redesignated as subsections (6),
  438  (7), and (8), respectively, and a new subsection (5) is added to
  439  that section, to read:
  440         338.166 High-occupancy toll lanes or express lanes.—
  441         (5)A toll on a high-occupancy toll lane or express lane
  442  located in a county as defined in s. 125.011(1) may not exceed
  443  $5 per trip.
  444         Section 10. Paragraph (a) of subsection (3) of section
  445  338.231, Florida Statutes, is amended to read:
  446         338.231 Turnpike tolls, fixing; pledge of tolls and other
  447  revenues.—The department shall at all times fix, adjust, charge,
  448  and collect such tolls and amounts for the use of the turnpike
  449  system as are required in order to provide a fund sufficient
  450  with other revenues of the turnpike system to pay the cost of
  451  maintaining, improving, repairing, and operating such turnpike
  452  system; to pay the principal of and interest on all bonds issued
  453  to finance or refinance any portion of the turnpike system as
  454  the same become due and payable; and to create reserves for all
  455  such purposes.
  456         (3)(a) For the period July 1, 1998, through June 30, 2027,
  457  The department shall, to the maximum extent feasible, program
  458  sufficient funds in the tentative work program such that all of
  459  the percentage of turnpike toll and bond financed commitments in
  460  Miami-Dade County, Broward County, and Palm Beach County as
  461  compared to total turnpike toll and bond financed commitments
  462  shall be at least 90 percent of the share of net toll
  463  collections attributable to users of the turnpike facilities
  464  system in Miami-Dade County, Broward County, and Palm Beach
  465  County are committed to projects and bond finance commitments in
  466  each respective county as compared to total net toll collections
  467  attributable to users of the turnpike system. This paragraph
  468  subsection does not apply when the application of such
  469  requirements would violate any covenant established in a
  470  resolution or trust indenture relating to the issuance of
  471  turnpike bonds. The department may at any time for economic
  472  considerations establish lower temporary toll rates for a new or
  473  existing toll facility for a period not to exceed 1 year, after
  474  which the toll rates adopted pursuant to s. 120.54 shall become
  475  effective.
  476         Section 11. Effective upon this act becoming a law, section
  477  338.271, Florida Statutes, is created to read:
  478         338.271Facilities of the former Miami-Dade County
  479  Expressway Authority.—
  480         (1)The department shall assume the assets and liabilities
  481  of the Miami-Dade County Expressway Authority.
  482         (2)(a)The department shall continue the system of tolls of
  483  the facilities for the former Miami-Dade County Expressway
  484  Authority until any outstanding bond obligations related to a
  485  facility on the former Miami-Dade County Expressway System are
  486  fully discharged.
  487         (b)Notwithstanding s. 338.165(1), the department may not
  488  collect tolls on a facility of the former Miami-Dade County
  489  Expressway Authority after the discharge of any bond obligations
  490  that are outstanding as of July 1, 2018.
  491         (3)Notwithstanding s. 338.165(3), the department may not
  492  increase toll rates on facilities of the former Miami-Dade
  493  County Expressway Authority except as required by bond
  494  covenants.
  495         (4)(a)Fees generated from tolls shall be deposited into
  496  the State Transportation Trust Fund and may be used to:
  497         1.Reimburse outstanding contractual obligations.
  498         2.Operate and maintain the highways and toll facilities,
  499  including reconstruction and restoration, such that these
  500  facilities are maintained to department standards.
  501         3.Pay for projects funded by toll revenues from the former
  502  Miami-Dade County Expressway Authority which are contained in
  503  the 5-year work program adopted by the Miami-Dade County
  504  Expressway Authority on December 5, 2018.
  505         (b)Revenues generated annually in excess of those required
  506  to pay the expenses in paragraph (a) shall be used by the
  507  department to fund transportation projects in the area served by
  508  the former Miami-Dade County Expressway Authority.
  509         (5)Notwithstanding any other provision of law to the
  510  contrary, the facilities of the former Miami-Dade County
  511  Expressway Authority may not become part of the Florida Turnpike
  512  Enterprise and are not subject to the Florida Turnpike
  513  Enterprise Law.
  514         Section 12. Subsection (6) of section 343.1003, Florida
  515  Statutes, is amended to read:
  516         343.1003 Northeast Florida Regional Transportation
  517  Commission.—
  518         (6) Notwithstanding s. 112.3144(1)(b) s. 348.0003(4)(c),
  519  members of the board shall file a statement of financial
  520  interests interest with the Commission on Ethics pursuant to s.
  521  112.3145.
  522         Section 13. Part I of chapter 348, Florida Statutes,
  523  consisting of sections 348.0001, 348.0002, 348.0003, 348.0004,
  524  348.0005, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011,
  525  348.00115, and 348.0012, is repealed.
  526         Section 14. (1)Effective upon this act becoming a law, the
  527  governance and control of the Miami-Dade County Expressway
  528  Authority is transferred to the Department of Transportation
  529  pursuant to the terms of this section. The assets, facilities,
  530  tangible and intangible property and any rights in such
  531  property, and any other legal rights of the authority, including
  532  the expressway system operated by the authority, are transferred
  533  to the department. The department succeeds to all powers of the
  534  authority, and the operations and maintenance of the expressway
  535  system shall be under the control of the department. Revenues
  536  collected on the expressway system shall be considered
  537  department revenues but shall be subject to the lien of the
  538  trust indentures securing the Miami-Dade County Expressway
  539  Authority bonds. The department also assumes all liability for
  540  bonds of the authority pursuant to subsection (2). The
  541  department shall, in consultation with the Division of Bond
  542  Finance, review all other contracts, financial obligations, and
  543  contractual relationships and liabilities of the authority, and
  544  the department may assume responsibility for the obligations
  545  that are determined to be necessary or desirable for the
  546  continued operation of the expressway system. Employees,
  547  officers, and members of the authority may not sell, dispose,
  548  encumber, transfer, or expend the assets of the authority as
  549  existed and reflected in the authority’s financial statements
  550  for the fiscal year ended June 30, 2018, other than in the
  551  ordinary course of business. For purposes of this section,
  552  incurring debt or issuing bonds for projects contained in the 5
  553  year work program approved and adopted by the authority on
  554  December 5, 2018, is not considered the ordinary course of
  555  business. Notwithstanding the foregoing, nothing contained
  556  herein shall prevent the authority from designing and planning
  557  projects contained in the 5-year work program approved and
  558  adopted by the authority on December 5, 2018.
  559         (2)The transfer pursuant to this section is subject to all
  560  terms and covenants provided for the protection of the holders
  561  of the Miami-Dade County Expressway Authority bonds in the trust
  562  indentures or resolutions adopted in connection with the
  563  issuance of such bonds. Further, the transfer does not impair
  564  the terms of the contract between the authority and the
  565  bondholders, does not act to the detriment of the bondholders,
  566  and does not diminish the security for the bonds. After the
  567  transfer, the department shall operate and maintain the
  568  expressway system and any other facilities of the authority in
  569  accordance with the terms, conditions, and covenants contained
  570  in the trust indentures or bond resolutions securing such bonds.
  571  The department shall collect toll revenues and apply them to the
  572  payment of debt service as provided in the trust indentures or
  573  bond resolutions securing such bonds and expressly assumes all
  574  obligations relating to the bonds to ensure that the transfer of
  575  the authority will have no adverse impact on the security for
  576  the bonds of the authority.
  577         (3)After the transfer, the department shall consider
  578  refinancing all or a portion of outstanding Miami-Dade County
  579  Expressway Authority bonds if doing so would result in net cost
  580  savings. Any resulting cost savings shall be used to reduce toll
  581  rates.
  582         (4)The department shall use the unencumbered cash balances
  583  transferred under this section to prepay or defease outstanding
  584  Miami-Dade County Expressway Authority bonds or debts to the
  585  extent allowed by or consistent with the terms and covenants
  586  provided for the protection of the holders of the Miami-Dade
  587  County Expressway Authority bonds in the trust indentures or
  588  resolutions adopted in connection with the issuance of such
  589  bonds.
  590         (5)The department must display signs showing the date on
  591  or year in which the bonds will be paid. Such signs must be
  592  placed near the roadway signage that displays the toll rates.
  593         (6)By October 1 of each year beginning in 2020, the
  594  department shall provide a report to the Miami-Dade County Board
  595  of County Commissioners and the Miami-Dade County Transportation
  596  Planning Organization detailing the toll collections, costs, and
  597  net revenues collected from the expressway system and turnpike
  598  operations in Miami-Dade County. The report shall include
  599  details on projects funded and scheduled to be funded by toll
  600  revenues, including revenues of the Florida Turnpike Enterprise,
  601  in Miami-Dade County.
  602         Section 15. Section 348.635, Florida Statutes, is created
  603  to read:
  604         348.635Public-private partnership.—The Legislature
  605  declares that there is a public need for the rapid construction
  606  of safe and efficient transportation facilities for traveling
  607  within this state and that it is in the public’s interest to
  608  provide for public-private partnership agreements to effectuate
  609  the construction of additional safe, convenient, and economical
  610  transportation facilities.
  611         (1)Notwithstanding any other provision of this part, the
  612  authority may receive or solicit proposals and enter into
  613  agreements with private entities, or consortia thereof, for the
  614  building, operation, ownership, or financing of authority
  615  transportation facilities or new transportation facilities
  616  within the jurisdiction of the authority which increase
  617  transportation capacity. The authority may not sell or lease any
  618  transportation facility owned by the authority without providing
  619  the analysis required in s. 334.30(6)(e)2. to the Legislative
  620  Budget Commission created pursuant to s. 11.90 for review and
  621  approval before awarding a contract on a lease of an existing
  622  toll facility. The authority may adopt rules to implement this
  623  section and shall, by rule, establish an application fee for the
  624  submission of unsolicited proposals under this section. The fee
  625  must be sufficient to pay the costs of evaluating the proposals.
  626  The authority may engage private consultants to assist in the
  627  evaluation. Before approval, the authority must determine that a
  628  proposed project:
  629         (a)Is in the public’s best interest.
  630         (b)Would not require state funds to be used unless the
  631  project is on or provides increased mobility on the State
  632  Highway System.
  633         (c)Would have adequate safeguards to ensure that no
  634  additional costs or service disruptions would be realized by the
  635  traveling public and residents of the state in the event of
  636  default or the cancellation of the agreement by the authority.
  637         (d)Would have adequate safeguards in place to ensure that
  638  the department, the authority, or the private entity has the
  639  opportunity to add capacity to the proposed project and other
  640  transportation facilities serving similar origins and
  641  destinations.
  642         (e)Would be owned by the authority upon completion or
  643  termination of the agreement.
  644         (2)The authority shall ensure that all reasonable costs to
  645  the state which are related to transportation facilities that
  646  are not part of the State Highway System are borne by the
  647  private entity. The authority shall also ensure that all
  648  reasonable costs to the state and substantially affected local
  649  governments and utilities related to the private transportation
  650  facility are borne by the private entity for transportation
  651  facilities that are owned by private entities. For projects on
  652  the State Highway System, the department may use state resources
  653  to participate in funding and financing the project as provided
  654  for under the department’s enabling legislation.
  655         (3)The authority may request proposals for public-private
  656  transportation projects or, if it receives an unsolicited
  657  proposal, it must publish a notice in the Florida Administrative
  658  Register and a newspaper of general circulation in the county in
  659  which it is located at least once a week for 2 weeks stating
  660  that it has received the proposal and will accept, for 60 days
  661  after the initial date of publication, other proposals for the
  662  same project purpose. A copy of the notice must be mailed to
  663  each local government in the affected areas. After the public
  664  notification period has expired, the authority shall rank the
  665  proposals in order of preference. In ranking the proposals, the
  666  authority shall consider professional qualifications, general
  667  business terms, innovative engineering or cost-reduction terms,
  668  finance plans, and the need for state funds to deliver the
  669  proposal. If the authority is not satisfied with the results of
  670  the negotiations, it may, at its sole discretion, terminate
  671  negotiations with the proposer. If these negotiations are
  672  unsuccessful, the authority may go to the second and lower
  673  ranked firms, in order, using the same procedure. If only one
  674  proposal is received, the authority may negotiate in good faith,
  675  and if it is not satisfied with the results, it may, at its sole
  676  discretion, terminate negotiations with the proposer. The
  677  authority may, at its discretion, reject all proposals at any
  678  point in the process up to completion of a contract with the
  679  proposer.
  680         (4)Agreements entered into pursuant to this section may
  681  authorize the public-private entity to impose tolls or fares for
  682  the use of the facility. However, the amount and use of toll or
  683  fare revenues shall be regulated by the authority to avoid
  684  unreasonable costs to users of the facility.
  685         (5)Each public-private transportation facility constructed
  686  pursuant to this section shall comply with all requirements of
  687  federal, state, and local laws; state, regional, and local
  688  comprehensive plans; the authority’s rules, policies,
  689  procedures, and standards for transportation facilities; and any
  690  other conditions that the authority determines to be in the
  691  public’s best interest.
  692         (6)The authority may exercise any power possessed by it,
  693  including eminent domain, to facilitate the development and
  694  construction of transportation projects pursuant to this
  695  section. The authority may pay all or part of the cost of
  696  operating and maintaining the facility or may provide services
  697  to the private entity for which it receives full or partial
  698  reimbursement for services rendered.
  699         (7)Except as herein provided, this section is not intended
  700  to amend existing laws by granting additional powers to or
  701  further restricting the governmental entities from regulating
  702  and entering into cooperative arrangements with the private
  703  sector for the planning, construction, and operation of
  704  transportation facilities.
  705         Section 16. Section 348.7605, Florida Statutes, is created
  706  to read:
  707         348.7605Public-private partnership.—The Legislature
  708  declares that there is a public need for the rapid construction
  709  of safe and efficient transportation facilities for traveling
  710  within this state and that it is in the public’s interest to
  711  provide for public-private partnership agreements to effectuate
  712  the construction of additional safe, convenient, and economical
  713  transportation facilities.
  714         (1)Notwithstanding any other provision of this part, the
  715  authority may receive or solicit proposals and enter into
  716  agreements with private entities, or consortia thereof, for the
  717  building, operation, ownership, or financing of authority
  718  transportation facilities or new transportation facilities
  719  within the jurisdiction of the authority which increase
  720  transportation capacity. The authority may not sell or lease any
  721  transportation facility owned by the authority without providing
  722  the analysis required in s. 334.30(6)(e)2. to the Legislative
  723  Budget Commission created pursuant to s. 11.90 for review and
  724  approval before awarding a contract on a lease of an existing
  725  toll facility. The authority may adopt rules to implement this
  726  section and shall, by rule, establish an application fee for the
  727  submission of unsolicited proposals under this section. The fee
  728  must be sufficient to pay the costs of evaluating the proposals.
  729  The authority may engage private consultants to assist in the
  730  evaluation. Before approval, the authority must determine that a
  731  proposed project:
  732         (a)Is in the public’s best interest.
  733         (b)Would not require state funds to be used unless the
  734  project is on or provides increased mobility on the State
  735  Highway System.
  736         (c)Would have adequate safeguards to ensure that no
  737  additional costs or service disruptions would be realized by the
  738  traveling public and residents of the state in the event of
  739  default or the cancellation of the agreement by the authority.
  740         (d)Would have adequate safeguards in place to ensure that
  741  the department, the authority, or the private entity has the
  742  opportunity to add capacity to the proposed project and other
  743  transportation facilities serving similar origins and
  744  destinations.
  745         (e)Would be owned by the authority upon completion or
  746  termination of the agreement.
  747         (2)The authority shall ensure that all reasonable costs to
  748  the state which are related to transportation facilities that
  749  are not part of the State Highway System are borne by the
  750  private entity. The authority shall also ensure that all
  751  reasonable costs to the state and substantially affected local
  752  governments and utilities related to the private transportation
  753  facility are borne by the private entity for transportation
  754  facilities that are owned by private entities. For projects on
  755  the State Highway System, the department may use state resources
  756  to participate in funding and financing the project as provided
  757  for under the department’s enabling legislation.
  758         (3)The authority may request proposals for public-private
  759  transportation projects or, if it receives an unsolicited
  760  proposal, it must publish a notice in the Florida Administrative
  761  Register and a newspaper of general circulation in the county in
  762  which it is located at least once a week for 2 weeks stating
  763  that it has received the proposal and will accept, for 60 days
  764  after the initial date of publication, other proposals for the
  765  same project purpose. A copy of the notice must be mailed to
  766  each local government in the affected areas. After the public
  767  notification period has expired, the authority shall rank the
  768  proposals in order of preference. In ranking the proposals, the
  769  authority shall consider professional qualifications, general
  770  business terms, innovative engineering or cost-reduction terms,
  771  finance plans, and the need for state funds to deliver the
  772  proposal. If the authority is not satisfied with the results of
  773  the negotiations, it may, at its sole discretion, terminate
  774  negotiations with the proposer. If these negotiations are
  775  unsuccessful, the authority may go to the second and lower
  776  ranked firms, in order, using the same procedure. If only one
  777  proposal is received, the authority may negotiate in good faith,
  778  and if it is not satisfied with the results, it may, at its sole
  779  discretion, terminate negotiations with the proposer. The
  780  authority may, at its discretion, reject all proposals at any
  781  point in the process up to completion of a contract with the
  782  proposer.
  783         (4)Agreements entered into pursuant to this section may
  784  authorize the public-private entity to impose tolls or fares for
  785  the use of the facility. However, the amount and use of toll or
  786  fare revenues shall be regulated by the authority to avoid
  787  unreasonable costs to users of the facility.
  788         (5)Each public-private transportation facility constructed
  789  pursuant to this section shall comply with all requirements of
  790  federal, state, and local laws; state, regional, and local
  791  comprehensive plans; the authority’s rules, policies,
  792  procedures, and standards for transportation facilities; and any
  793  other conditions that the authority determines to be in the
  794  public’s best interest.
  795         (6)The authority may exercise any power possessed by it,
  796  including eminent domain, to facilitate the development and
  797  construction of transportation projects pursuant to this
  798  section. The authority may pay all or part of the cost of
  799  operating and maintaining the facility or may provide services
  800  to the private entity for which it receives full or partial
  801  reimbursement for services rendered.
  802         (7)Except as herein provided, this section is not intended
  803  to amend existing laws by granting additional powers to or
  804  further restricting the governmental entities from regulating
  805  and entering into cooperative arrangements with the private
  806  sector for the planning, construction, and operation of
  807  transportation facilities.
  808         Section 17. Pursuant to section 20 of chapter 2014-171,
  809  Laws of Florida, part V of chapter 348, Florida Statutes,
  810  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
  811  348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and
  812  348.9961, is repealed.
  813         Section 18. Except as otherwise expressly provided in this
  814  act and except for this section, which shall take effect upon
  815  this act becoming a law, this act shall take effect July 1,
  816  2019.

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