Bill Text: FL S0898 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2019-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 385 (Ch. 2019-169), CS/CS/CS/HB 905 (Ch. 2019-153) [S0898 Detail]
Download: Florida-2019-S0898-Introduced.html
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2019-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 385 (Ch. 2019-169), CS/CS/CS/HB 905 (Ch. 2019-153) [S0898 Detail]
Download: Florida-2019-S0898-Introduced.html
Florida Senate - 2019 SB 898 By Senator Diaz 36-00542A-19 2019898__ 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. 212.055, F.S.; revising the 5 authorized uses of proceeds from charter county and 6 regional transportation system surtaxes; amending s. 7 215.68, F.S.; conforming provisions to changes made by 8 the act; reviving, reenacting, and amending s. 9 319.141, F.S.; requiring the Department of Highway 10 Safety and Motor Vehicles to oversee a program for 11 authorization of alternatives to private-sector 12 rebuilt motor vehicle inspection services; deleting 13 obsolete provisions; amending s. 334.046, F.S.; 14 revising the preservation goals of the Department of 15 Transportation to include ensuring that all work on 16 the State Highway System meets department standards; 17 amending s. 334.175, F.S.; requiring the department to 18 approve design plans for all transportation projects 19 relating to department-owned rights-of-way under 20 certain circumstances; amending s. 337.025, F.S.; 21 authorizing the department to establish a program for 22 transportation projects that demonstrate certain 23 innovative techniques for measuring resiliency and 24 structural integrity and controlling time and cost 25 increases; amending s. 337.25, F.S.; providing 26 conditions for repurchase by the previous property 27 owner of certain real or personal property acquired by 28 the department; providing for disposal of such 29 property under certain circumstances; amending s. 30 338.165, F.S.; prohibiting the department from 31 collecting tolls on facilities of the former Miami 32 Dade County Expressway Authority after the discharge 33 of bond obligations; deleting cross-references; 34 requiring the department to acquire the assets and 35 assume the liabilities of the authority; providing 36 construction; amending s. 338.166, F.S.; prohibiting 37 the department from using toll revenues from high 38 occupancy toll lanes or express lanes to offset 39 certain funding; limiting tolls on high-occupancy toll 40 lanes or express lanes in certain counties; amending 41 s. 338.231, F.S.; requiring the department to commit 42 all net toll collections attributable to users of 43 turnpike facilities in certain counties to projects 44 and bond finance commitments in such counties; 45 amending s. 339.175, F.S.; revising the membership 46 criteria of the metropolitan planning organization in 47 certain counties; repealing s. 339.176, F.S., relating 48 to voting membership for certain metropolitan planning 49 organizations; amending s. 343.1003, F.S.; deleting a 50 cross-reference; repealing part I of ch. 348, F.S., 51 relating to the creation and operation of the Florida 52 Expressway Authority Act; transferring the assets and 53 liabilities of the Miami-Dade County Expressway 54 Authority to the department; creating ss. 348.635 and 55 348.7605, F.S.; providing a legislative declaration; 56 authorizing the Tampa-Hillsborough County Expressway 57 Authority and the Central Florida Expressway Authority 58 to enter into public-private partnership agreements; 59 authorizing solicitation or receipt of certain 60 proposals; providing rulemaking authority; providing 61 approval requirements; requiring certain costs to be 62 borne by the private entity; providing notice 63 requirements for requests for proposals; providing for 64 ranking and negotiation of proposals; requiring the 65 authorities to regulate tolls on certain facilities; 66 requiring compliance with specified laws, rules, and 67 conditions; providing for development, construction, 68 operation, and maintenance of transportation projects 69 by the authorities or private entities; providing 70 construction; repealing part V of ch. 348, F.S., 71 relating to the Osceola County Expressway Authority 72 Law; providing effective dates. 73 74 Be It Enacted by the Legislature of the State of Florida: 75 76 Section 1. Paragraph (b) of subsection (2) of section 77 20.23, Florida Statutes, is amended to read: 78 20.23 Department of Transportation.—There is created a 79 Department of Transportation which shall be a decentralized 80 agency. 81 (2) 82 (b) The commission shall: 83 1. Recommend major transportation policies for the 84 Governor’s approval and assure that approved policies and any 85 revisions are properly executed. 86 2. Periodically review the status of the state 87 transportation system including highway, transit, rail, seaport, 88 intermodal development, and aviation components of the system 89 and recommend improvements to the Governor and the Legislature. 90 3. Perform an in-depth evaluation of the annual department 91 budget request, the Florida Transportation Plan, and the 92 tentative work program for compliance with all applicable laws 93 and established departmental policies. Except as specifically 94 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 95 not consider individual construction projects, but shall 96 consider methods of accomplishing the goals of the department in 97 the most effective, efficient, and businesslike manner. 98 4. Monitor the financial status of the department on a 99 regular basis to assure that the department is managing revenue 100 and bond proceeds responsibly and in accordance with law and 101 established policy. 102 5. Monitor on at least a quarterly basis, the efficiency, 103 productivity, and management of the department using performance 104 and production standards developed by the commission pursuant to 105 s. 334.045. 106 6. Perform an in-depth evaluation of the factors causing 107 disruption of project schedules in the adopted work program and 108 recommend to the Governor and the Legislature methods to 109 eliminate or reduce the disruptive effects of these factors. 110 7. Recommend to the Governor and the Legislature 111 improvements to the department’s organization in order to 112 streamline and optimize the efficiency of the department. In 113 reviewing the department’s organization, the commission shall 114 determine if the current district organizational structure is 115 responsive to this state’s changing economic and demographic 116 development patterns. The initial report by the commission must 117 be delivered to the Governor and the Legislature by December 15, 118 2000, and each year thereafter, as appropriate. The commission 119 may retain experts as necessary to carry out this subparagraph, 120 and the department shall pay the expenses of the experts. 121 8. Monitor the efficiency, productivity, and management of 122 the authorities created under chapters 348 and 349, including123any authority formed using part I of chapter 348; the Mid-Bay 124 Bridge Authority re-created pursuant to chapter 2000-411, Laws 125 of Florida; and any authority formed under chapter 343. The 126 commission shall also conduct periodic reviews of each 127 authority’s operations and budget, acquisition of property, 128 management of revenue and bond proceeds, and compliance with 129 applicable laws and generally accepted accounting principles. 130 Section 2. Effective July 1, 2022, paragraphs (d) and (e) 131 of subsection (1) of section 212.055, Florida Statutes, are 132 amended to read: 133 212.055 Discretionary sales surtaxes; legislative intent; 134 authorization and use of proceeds.—It is the legislative intent 135 that any authorization for imposition of a discretionary sales 136 surtax shall be published in the Florida Statutes as a 137 subsection of this section, irrespective of the duration of the 138 levy. Each enactment shall specify the types of counties 139 authorized to levy; the rate or rates which may be imposed; the 140 maximum length of time the surtax may be imposed, if any; the 141 procedure which must be followed to secure voter approval, if 142 required; the purpose for which the proceeds may be expended; 143 and such other requirements as the Legislature may provide. 144 Taxable transactions and administrative procedures shall be as 145 provided in s. 212.054. 146 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM 147 SURTAX.— 148 (d) To the extent not prohibited by contracts or bond 149 covenants, proceeds from the surtax shall be used only for the 150 following purposes: 151 1. The planning, design, engineering, or construction of, 152 or the acquisition of rights-of-way for, fixed-guideway rapid 153 transit systems and bus systems, including bus rapid transit 154 systems, and for the development of dedicated facilities for 155 autonomous vehicles as defined in s. 316.003. 156 2. The purchase of buses or other capital costs for bus 157 systems, including bus rapid transit systems. 158 3. The payment of principal and interest on bonds 159 previously issued related to fixed-guideway rapid transit 160 systems or bus systems. 161 4. As security by the governing body of the county to 162 refinance existing bonds or to issue new bonds for the planning, 163 design, engineering, or construction of fixed-guideway rapid 164 transit systems, bus rapid transit systems, or bus systems. 165 166 Proceeds from the surtax may not be used for salaries or other 167 personnel expenses for any governmental entity receiving these 168 funds.shall be applied to as many or as few of the uses169enumerated below in whatever combination the county commission170deems appropriate:1711.Deposited by the county in the trust fund and shall be172used for the purposes of development, construction, equipment,173maintenance, operation, supportive services, including a174countywide bus system, on-demand transportation services, and175related costs of a fixed guideway rapid transit system;1762.Remitted by the governing body of the county to an177expressway, transit, or transportation authority created by law178to be used, at the discretion of such authority, for the179development, construction, operation, or maintenance of roads or180bridges in the county, for the operation and maintenance of a181bus system, for the operation and maintenance of on-demand182transportation services, for the payment of principal and183interest on existing bonds issued for the construction of such184roads or bridges, and, upon approval by the county commission,185such proceeds may be pledged for bonds issued to refinance186existing bonds or new bonds issued for the construction of such187roads or bridges;1883.Used by the county for the development, construction,189operation, and maintenance of roads and bridges in the county;190for the expansion, operation, and maintenance of bus and fixed191guideway systems; for the expansion, operation, and maintenance192of on-demand transportation services; and for the payment of193principal and interest on bonds issued for the construction of194fixed guideway rapid transit systems, bus systems, roads, or195bridges; and such proceeds may be pledged by the governing body196of the county for bonds issued to refinance existing bonds or197new bonds issued for the construction of such fixed guideway198rapid transit systems, bus systems, roads, or bridges and no199more than 25 percent used for nontransit uses; and2004.Used by the county for the planning, development,201construction, operation, and maintenance of roads and bridges in202the county; for the planning, development, expansion, operation,203and maintenance of bus and fixed guideway systems; for the204planning, development, construction, operation, and maintenance205of on-demand transportation services; and for the payment of206principal and interest on bonds issued for the construction of207fixed guideway rapid transit systems, bus systems, roads, or208bridges; and such proceeds may be pledged by the governing body209of the county for bonds issued to refinance existing bonds or210new bonds issued for the construction of such fixed guideway211rapid transit systems, bus systems, roads, or bridges. Pursuant212to an interlocal agreement entered into pursuant to chapter 163,213the governing body of the county may distribute proceeds from214the tax to a municipality, or an expressway or transportation215authority created by law to be expended for the purpose216authorized by this paragraph. Any county that has entered into217interlocal agreements for distribution of proceeds to one or218more municipalities in the county shall revise such interlocal219agreements no less than every 5 years in order to include any220municipalities that have been created since the prior interlocal221agreements were executed.222(e)As used in this subsection, the term “on-demand223transportation services” means transportation provided between224flexible points of origin and destination selected by individual225users with such service being provided at a time that is agreed226upon by the user and the provider of the service and that is not227fixed-schedule or fixed-route in nature.228 Section 3. Subsection (2) of section 215.68, Florida 229 Statutes, is amended to read: 230 215.68 Issuance of bonds; form; maturity date, execution, 231 sale.— 232 (2) Such bonds may: 233 (a) Be issued in either coupon form or registered form or 234 both; 235 (b) Have such date or dates of issue and such maturities, 236 not exceeding in any event 40 years from the date of issuance 237 thereof; 238 (c) Bear interest at a rate or rates not exceeding the 239 interest rate limitation set forth in s. 215.84(3); 240 (d) Have such provisions for registration of coupon bonds 241 and conversion and reconversion of bonds from coupon to 242 registered form or from registered form to coupon form; 243 (e) Have such provisions for payment at maturity and 244 redemption beforeprior tomaturity at such time or times and at 245 such price or prices; and 246 (f) Be payable at such place or places within or without 247 the state as the board shall determine by resolution. 248 249The foregoing terms and conditions do not supersede the250limitations provided in chapter 348, part I, relating to the251issuance of bonds.252 Section 4. Notwithstanding the repeal of that section, 253 which occurred on July 1, 2018, section 319.141, Florida 254 Statutes, is revived, reenacted, and amended to read: 255 319.141PilotRebuilt motor vehicle inspection program.— 256 (1) As used in this section, the term: 257 (a) “Facility” means a rebuilt motor vehicle inspection 258 facility authorized and operating under this section. 259 (b) “Rebuilt inspection services” means an examination of a 260 rebuilt vehicle and a properly endorsed certificate of title, 261 salvage certificate of title, or manufacturer’s statement of 262 origin and an application for a rebuilt certificate of title, a 263 rebuilder’s affidavit, a photograph of the junk or salvage 264 vehicle taken before repairs began, receipts or invoices for all 265 major component parts, as defined in s. 319.30, and repairs 266 which were changed, and proof that notice of rebuilding of the 267 vehicle has been reported to the National Motor Vehicle Title 268 Information System. 269 (2)By July 1, 2015,The department shall oversee apilot270 program in which the department authorizesMiami-Dade County to271evaluatealternatives to theforrebuilt inspection services 272 currently provided by private-sectoroffered by existing private273sectoroperators. Such authorization must be based on, including274 the continued use of private facilities, the cost impact to 275 consumers, and the potential savings to the department. 276 (3) The department shall establish a memorandum of 277 understanding that allows private parties participating in the 278pilotprogram to conduct rebuilt motor vehicle inspections and 279 specifies requirements for oversight, bonding and insurance, 280 procedures, and forms and requires the electronic transmission 281 of documents. 282 (4) Before an applicant is approved, the department shall 283 ensure that the applicant meets basic criteria designed to 284 protect the public. At a minimum, the applicant shall meet all 285 of the following requirements: 286 (a) Have and maintain a surety bond or irrevocable letter 287 of credit in the amount of $100,000 executed by the applicant. 288 (b) Secure and maintain a facility at a permanent structure 289 at an address recognized by the United States Postal Service 290 where the only services provided on such property are rebuilt 291 inspection services. The operator of a facility shall annually 292 attest that he or she is not employed by or does not have an 293 ownership interest in or other financial arrangement with the 294 owner, operator, manager, or employee of a motor vehicle repair 295 shop as defined in s. 559.903, a motor vehicle dealer as defined 296 in s. 320.27(1)(c), a towing company, a vehicle storage company, 297 a vehicle auction, an insurance company, a salvage yard, a metal 298 retailer, or a metal rebuilder, from which he or she receives 299 remuneration, directly or indirectly, for the referral of 300 customers for rebuilt inspection services. 301 (c) Have and maintain garage liability and other insurance 302 required by the department. 303 (d) Have completed criminal background checks of the 304 owners, partners, and corporate officers and the inspectors 305 employed by the facility. 306 (e) Meet any additional criteria the department determines 307 necessary to conduct proper inspections. 308 (5) A participant in the program shall access vehicle and 309 title information and enter inspection results through an 310 electronic filing system authorized by the department and shall 311 maintain records of each rebuilt vehicle inspection processed at 312 such facility for at least 5 years. 313 (6) The department shall immediately terminate any operator 314 from the program who fails to meet the minimum eligibility 315 requirements specified in subsection (4). Before a change in 316 ownership of a rebuilt inspection facility, the current operator 317 must give the department 45 days’ written notice of the intended 318 sale. The prospective owner must meet the eligibility 319 requirements of this section and execute a new memorandum of 320 understanding with the department before operating the facility. 321(7)This section is repealed on July 1, 2018, unless saved322from repeal through reenactment by the Legislature.323 Section 5. Paragraph (a) of subsection (4) of section 324 334.046, Florida Statutes, is amended to read: 325 334.046 Department mission, goals, and objectives.— 326 (4) At a minimum, the department’s goals shall address the 327 following prevailing principles. 328 (a) Preservation.—Protecting the state’s transportation 329 infrastructure investment. Preservation includes: 330 1. Ensuring that 80 percent of the pavement on the State 331 Highway System meets department standards.;332 2. Ensuring that 90 percent of department-maintained 333 bridges meet department standards.; and334 3. Ensuring that the department achieves 100 percent of the 335 acceptable maintenance standard on the State Highway System. 336 4. Ensuring that all work on the State Highway System meets 337 department standards. 338 Section 6. Section 334.175, Florida Statutes, is amended to 339 read: 340 334.175 Certification of project design plans and surveys.— 341 (1) All design plans and surveys prepared by or for the 342 department shall be signed, sealed, and certified by the 343 professional engineer or surveyor or architect or landscape 344 architect in responsible charge of the project work. Such 345 professional engineer, surveyor, architect, or landscape 346 architect must be duly registered in this state. 347 (2) For all transportation projects on, under, over, or 348 abutting a department-owned right-of-way, and regardless of 349 funding source, the department shall approve the design plans 350 for such projects if such design plans meet department design 351 standards. 352 Section 7. Subsection (1) of section 337.025, Florida 353 Statutes, is amended to read: 354 337.025 Innovative transportationhighwayprojects; 355 department to establish program.— 356 (1) The department mayis authorized toestablish a program 357 for transportationhighwayprojects demonstrating innovative 358 techniques of highway and bridge design, construction, 359 maintenance, and finance which have the intended effect of 360 measuring resiliency and structural integrity and controlling 361 time and cost increases on construction projects. Such 362 techniques may include, but are not limited to, state-of-the-art 363 technology for pavement, safety, and other aspects of highway 364 and bridge design, construction, and maintenance; innovative 365 bidding and financing techniques; accelerated construction 366 procedures; and those techniques that have the potential to 367 reduce project life cycle costs. To the maximum extent 368 practical, the department must use the existing process to award 369 and administer construction and maintenance contracts. When 370 specific innovative techniques are to be used, the department is 371 not required to adhere to those provisions of law that would 372 prevent, preclude, or in any way prohibit the department from 373 using the innovative technique. However, beforeprior tousing 374 an innovative technique that is inconsistent with another 375 provision of law, the department must document in writing the 376 need for the exception and identify what benefits the traveling 377 public and the affected community are anticipated to receive. 378 The department may enter into no more than $120 million in 379 contracts annually for the purposes authorized by this section. 380 Section 8. Subsection (4) of section 337.25, Florida 381 Statutes, is amended to read: 382 337.25 Acquisition, lease, and disposal of real and 383 personal property.— 384 (4) The department may convey, in the name of the state, 385 any land, building, or other property, real or personal, which 386 was acquired under subsection (1) and which the department has 387 determined is not needed for the construction, operation, and 388 maintenance of a transportation facility. Subject to the 389 requirements of paragraph (f), when such a determination has 390 been made, property may be disposed of through negotiations, 391 sealed competitive bids, auctions, or any other means the 392 department deems to be in its best interest, with due 393 advertisement for property valued by the department at greater 394 than $10,000. A sale may not occur at a price less than the 395 department’s current estimate of value, except as provided in 396 paragraphs (a)-(d). The department may afford a right of first 397 refusal to the local government or other political subdivision 398 in the jurisdiction in which the parcel is situated, except in a 399 conveyance transacted under paragraph (a), paragraph (c),or400 paragraph (e), or paragraph (f). 401 (a) If the property has been donated to the state for 402 transportation purposes and a transportation facility has not 403 been constructed for at least 5 years, plans have not been 404 prepared for the construction of such facility, and the property 405 is not located in a transportation corridor, the governmental 406 entity may authorize reconveyance of the donated property for no 407 consideration to the original donor or the donor’s heirs, 408 successors, assigns, or representatives. 409 (b) If the property is to be used for a public purpose, the 410 property may be conveyed without consideration to a governmental 411 entity. 412 (c) If the property was originally acquired specifically to 413 provide replacement housing for persons displaced by 414 transportation projects, the department may negotiate for the 415 sale of such property as replacement housing. As compensation, 416 the state shall receive at least its investment in such property 417 or the department’s current estimate of value, whichever is 418 lower. It is expressly intended that this benefit be extended 419 only to persons actually displaced by the project. Dispositions 420 to any other person must be for at least the department’s 421 current estimate of value. 422 (d) If the department determines that the property requires 423 significant costs to be incurred or that continued ownership of 424 the property exposes the department to significant liability 425 risks, the department may use the projected maintenance costs 426 over the next 10 years to offset the property’s value in 427 establishing a value for disposal of the property, even if that 428 value is zero. 429 (e) If, at the discretion of the department, a sale to a 430 person other than an abutting property owner would be 431 inequitable, the property may be sold to the abutting owner for 432 the department’s current estimate of value. 433 (f) If the property is valued by the department at greater 434 than $1 million, the department must give the previous property 435 owner the opportunity to repurchase the property at fair market 436 value. The previous property owner shall have 30 days to respond 437 to the department if he or she wishes to repurchase the 438 property. If the previous property owner wishes to repurchase 439 the property, the department must halt all other actions until 440 an agreement is reached with the previous property owner or 441 until it becomes evident that an agreement cannot be reached. If 442 an agreement is not reached, the property must be disposed of in 443 accordance with this subsection. 444 Section 9. Subsections (1), (2), and (5) of section 445 338.165, Florida Statutes, are amended, and subsection (12) is 446 added to that section, to read: 447 338.165 Continuation of tolls.— 448 (1)(a) The department, any transportation or expressway 449 authority, or, in the absence of an authority, a county or 450 counties may continue to collect the toll on a revenue-producing 451 project after the discharge of any bond indebtedness related to 452 such project and may increase such toll. All tolls so collected 453 shall first be used to pay the annual cost of the operation, 454 maintenance, and improvement of the toll project. 455 (b) Notwithstanding paragraph (a), the department may not 456 collect tolls on a facility of the former Miami-Dade County 457 Expressway Authority after the discharge of any outstanding bond 458 obligations related to such facility. 459 (2) If the revenue-producing project is on the State 460 Highway System, any remaining toll revenue shall be used for the 461 construction, maintenance, or improvement of any road on the 462 State Highway System within the county or counties in which the 463 revenue-producing project is located, except as provided in s.464348.0004. 465 (5) If the revenue-producing project is on the county road 466 system, any remaining toll revenue shall be used for the 467 construction, maintenance, or improvement of any other state or 468 county road within the county or counties in which the revenue 469 producing project is located, except as provided in s. 348.0004. 470 (12) The department shall acquire the assets and assume the 471 liabilities of the Miami-Dade County Expressway Authority. The 472 acquisition of the expressway authority by the department must 473 be subject to the terms and covenants of any outstanding bond of 474 the authority and may not act to the detriment of the 475 bondholders or decrease the quality of the bonds. 476 Section 10. Present subsections (5), (6), and (7) of 477 section 338.166, Florida Statutes, are renumbered as subsections 478 (7), (8), and (9), respectively, and new subsections (5) and (6) 479 are added to that section, to read: 480 338.166 High-occupancy toll lanes or express lanes.— 481 (5) The department may not use toll revenue from a high 482 occupancy toll lane or an express lane to offset funding that 483 the facility would receive if the facility were not a high 484 occupancy toll lane or express lane. 485 (6) Any toll on a high-occupancy toll lane or an express 486 lane that is in a county as defined in s. 125.011(1) may not be 487 more than $5. 488 Section 11. Paragraph (a) of subsection (3) of section 489 338.231, Florida Statutes, is amended to read: 490 338.231 Turnpike tolls, fixing; pledge of tolls and other 491 revenues.—The department shall at all times fix, adjust, charge, 492 and collect such tolls and amounts for the use of the turnpike 493 system as are required in order to provide a fund sufficient 494 with other revenues of the turnpike system to pay the cost of 495 maintaining, improving, repairing, and operating such turnpike 496 system; to pay the principal of and interest on all bonds issued 497 to finance or refinance any portion of the turnpike system as 498 the same become due and payable; and to create reserves for all 499 such purposes. 500 (3)(a)For the period July 1, 1998, through June 30, 2027,501 The department shall, to the maximum extent feasible,program 502 sufficient funds in the tentative work program such that all of 503 thepercentage of turnpike toll and bond financed commitments in504Miami-Dade County, Broward County, and Palm Beach County as505compared to total turnpike toll and bond financed commitments506shall be at least 90 percent of the share ofnet toll 507 collections attributable to users oftheturnpike facilities 508systemin Miami-DadeCounty, BrowardCounty, and Palm Beach 509 Counties are committed to projects and bond finance commitments 510 in such countiesCounty as compared to total net toll511collections attributable to users of the turnpike system. This 512 paragraphsubsectiondoes not apply when the application of such 513 requirements would violate any covenant established in a 514 resolution or trust indenture relating to the issuance of 515 turnpike bonds. The department may at any time for economic 516 considerations establish lower temporary toll rates for a new or 517 existing toll facility for a period not to exceed 1 year, after 518 which the toll rates adopted pursuant to s. 120.54 shall become 519 effective. 520 Section 12. Paragraph (d) of subsection (3) of section 521 339.175, Florida Statutes, is amended to read: 522 339.175 Metropolitan planning organization.— 523 (3) VOTING MEMBERSHIP.— 524 (d) Notwithstanding any other provision of this section to 525 the contrary, a county as defined in s. 125.011(1)Any other526provision of this section to the contrary notwithstanding, any527county chartered under s. 6(e), Art. VIII of the State528Constitutionmay elect to have its county commission serve as 529 the M.P.O., if the M.P.O. jurisdiction is wholly contained 530 within the county. Anychartercounty that elects to exercise 531 the provisions of this paragraph shall so notify the Governor in 532 writing. Upon receipt of such notification, the Governor must 533 designate the county commission as the M.P.O. The Governor must 534 appoint four additional voting members to the M.P.O., one of 535 whom must be an elected official representing a municipality 536 that has a population of 65,000 or more within the county, one 537 of whom must be an expressway authority member, one of whom must 538 be a person who does not hold elected public office and who 539 resides in the unincorporated portion of the county, and one of 540 whom must be a school board member. 541 Section 13. Section 339.176, Florida Statutes, is repealed. 542 Section 14. Subsection (6) of section 343.1003, Florida 543 Statutes, is amended to read: 544 343.1003 Northeast Florida Regional Transportation 545 Commission.— 546 (6)Notwithstanding s. 348.0003(4)(c),Members of the board 547 shall file a statement of financial interestsinterestwith the 548 Commission on Ethics pursuant to s. 112.3145. 549 Section 15. Part I of chapter 348, Florida Statutes, 550 consisting of sections 348.0001, 348.0002, 348.0003, 348.0004, 551 348.0005, 348.0007, 348.0008, 348.0009, 348.0010, 348.0011, 552 348.00115, and 348.0012, is repealed. 553 Section 16. The Miami-Dade County Expressway Authority is 554 transferred by a type two transfer, pursuant to s. 20.06, 555 Florida Statutes, to the Department of Transportation. Any 556 binding contract or interagency agreement entered into between 557 the Miami-Dade County Expressway Authority or an agent of the 558 authority and any other agency, entity, or person shall continue 559 to be a binding contract or agreement of the Miami-Dade County 560 Expressway Authority for the remainder of the term of such 561 contract or agreement. 562 Section 17. Section 348.635, Florida Statutes, is created 563 to read: 564 348.635 Public-private partnership.—The Legislature 565 declares that there is a public need for the rapid construction 566 of safe and efficient transportation facilities for traveling 567 within the state and that it is in the public’s best interest to 568 provide for public-private partnership agreements to develop 569 additional safe, convenient, and economical transportation 570 facilities. 571 (1) Notwithstanding any other provision of this part, the 572 authority may receive or solicit proposals and enter into 573 agreements with private entities, or consortia thereof, for the 574 building, operation, ownership, or financing of authority 575 transportation facilities or new transportation facilities 576 within the jurisdiction of the authority which increase 577 transportation capacity. The authority may not sell or lease any 578 transportation facility it owns without providing the analysis 579 required in s. 334.30(6)(e)2. to the Legislative Budget 580 Commission created pursuant to s. 11.90 for review and approval. 581 The authority may adopt rules to implement this section and 582 shall establish by rule an application fee for the submission of 583 unsolicited proposals under this section. The fee must be 584 sufficient to pay the costs of evaluating the proposals. The 585 authority may engage private consultants to assist in the 586 evaluation. Before approval, the authority must determine that a 587 proposed project meets all of the following requirements: 588 (a) Is in the public’s best interest. 589 (b) Would not require state funds to be used unless the 590 project is on, or provides increased mobility on, the State 591 Highway System. 592 (c) Would have adequate safeguards to ensure that no 593 additional costs or service disruptions would be realized by the 594 traveling public and residents of the state in the event of 595 default or the cancellation of the agreement by the authority. 596 (d) Would have adequate safeguards in place to ensure that 597 the department, the authority, or the private entity has the 598 opportunity to add capacity to the proposed project and other 599 transportation facilities serving similar origins and 600 destinations. 601 (e) Would be owned by the authority upon completion or 602 termination of the agreement. 603 (2) The authority shall ensure that all reasonable costs to 604 the state which are related to transportation facilities that 605 are not part of the State Highway System are borne by the 606 private entity. The authority shall also ensure that, for 607 transportation facilities that are owned by private entities, 608 all reasonable costs to the state and substantially affected 609 local governments and utilities related to the private 610 transportation facility are borne by the private entity. For 611 projects on the State Highway System, the department may use 612 state resources to participate in funding and financing the 613 project as provided for under the department’s enabling 614 legislation. 615 (3) The authority may request proposals for public-private 616 transportation projects. If the authority receives an 617 unsolicited proposal, it must publish a notice in the Florida 618 Administrative Register and a newspaper of general circulation 619 in the county in which the authority is located at least once a 620 week for 2 weeks stating that it has received the proposal and 621 that, for 60 days after the initial date of publication, it will 622 accept other proposals for the same project purpose. A copy of 623 the notice must be mailed to each local government in the 624 affected areas. After the public notification period has 625 expired, the authority shall rank the proposals in order of 626 preference. In ranking the proposals, the authority shall 627 consider professional qualifications, general business terms, 628 innovative engineering or cost-reduction terms, finance plans, 629 and the need for state funds to deliver the proposal. If the 630 authority is not satisfied with the results of the negotiations, 631 it may, at its sole discretion, terminate negotiations with the 632 proposer. If these negotiations are unsuccessful, the authority 633 may go to the second and lower-ranked firms, in order of their 634 rankings, using the same procedure. If only one proposal is 635 received, the authority may negotiate in good faith and, if it 636 is not satisfied with the results, may, at its sole discretion, 637 terminate negotiations with the proposer. The authority may, at 638 its discretion, reject all proposals at any point in the process 639 up to completion of a contract with the proposer. 640 (4) Agreements entered into pursuant to this section may 641 authorize the public-private entity to impose tolls or fares for 642 the use of the facility. However, the amount and use of toll or 643 fare revenues must be regulated by the authority to avoid 644 unreasonable costs to users of the facility. 645 (5) Each public-private transportation facility constructed 646 pursuant to this section must comply with all requirements of 647 federal, state, and local laws; state, regional, and local 648 comprehensive plans; the authority’s rules, policies, 649 procedures, and standards for transportation facilities; and any 650 other conditions that the authority determines to be in the 651 public’s best interest. 652 (6) The authority may exercise any power it has, including 653 eminent domain, to facilitate the development and construction 654 of transportation projects pursuant to this section. The 655 authority may pay all or part of the cost of operating and 656 maintaining the facility or may provide services to the private 657 entity for which it receives full or partial reimbursement. 658 (7) Except as herein provided, this section is not intended 659 to amend existing laws by granting additional powers to or 660 further restricting the governmental entities from regulating 661 and entering into cooperative arrangements with the private 662 sector for the planning, construction, and operation of 663 transportation facilities. 664 Section 18. Section 348.7605, Florida Statutes, is created 665 to read: 666 348.7605 Public-private partnership.—The Legislature 667 declares that there is a public need for the rapid construction 668 of safe and efficient transportation facilities for traveling 669 within the state and that it is in the public’s interest to 670 provide for public-private partnership agreements to develop 671 additional safe, convenient, and economical transportation 672 facilities. 673 (1) Notwithstanding any other provision of this part, the 674 authority may receive or solicit proposals and enter into 675 agreements with private entities, or consortia thereof, for the 676 building, operation, ownership, or financing of authority 677 transportation facilities or new transportation facilities 678 within the jurisdiction of the authority which increase 679 transportation capacity. The authority may not sell or lease any 680 transportation facility it owns without providing the analysis 681 required in s. 334.30(6)(e)2. to the Legislative Budget 682 Commission created pursuant to s. 11.90 for review and approval. 683 The authority may adopt rules to implement this section and 684 shall establish by rule an application fee for the submission of 685 unsolicited proposals under this section. The fee must be 686 sufficient to pay the costs of evaluating the proposals. The 687 authority may engage private consultants to assist in the 688 evaluation. Before approval, the authority must determine that a 689 proposed project meets all of the following requirements: 690 (a) Is in the public’s best interest. 691 (b) Would not require state funds to be used unless the 692 project is on or provides increased mobility on the State 693 Highway System. 694 (c) Would have adequate safeguards to ensure that no 695 additional costs or service disruptions would be realized by the 696 traveling public and residents of the state in the event of 697 default or the cancellation of the agreement by the authority. 698 (d) Would have adequate safeguards in place to ensure that 699 the department, the authority, or the private entity has the 700 opportunity to add capacity to the proposed project and other 701 transportation facilities serving similar origins and 702 destinations. 703 (e) Would be owned by the authority upon completion or 704 termination of the agreement. 705 (2) The authority shall ensure that all reasonable costs to 706 the state which are related to transportation facilities that 707 are not part of the State Highway System are borne by the 708 private entity. The authority shall also ensure that all 709 reasonable costs to the state and substantially affected local 710 governments and utilities related to the private transportation 711 facility are borne by the private entity for transportation 712 facilities that are owned by private entities. For projects on 713 the State Highway System, the department may use state resources 714 to participate in funding and financing the project as provided 715 for under the department’s enabling legislation. 716 (3) The authority may request proposals for public-private 717 transportation projects or, if it receives an unsolicited 718 proposal, it must publish a notice in the Florida Administrative 719 Register and a newspaper of general circulation in the county in 720 which it is located at least once a week for 2 weeks stating 721 that it has received the proposal and that, for 60 days after 722 the initial date of publication, it will accept other proposals 723 for the same project purpose. A copy of the notice must be 724 mailed to each local government in the affected areas. After the 725 public notification period has expired, the authority shall rank 726 the proposals in order of preference. In ranking the proposals, 727 the authority shall consider professional qualifications, 728 general business terms, innovative engineering or cost-reduction 729 terms, finance plans, and the need for state funds to deliver 730 the proposal. If the authority is not satisfied with the results 731 of the negotiations, it may, at its sole discretion, terminate 732 negotiations with the proposer. If these negotiations are 733 unsuccessful, the authority may go to the second and lower 734 ranked firms, in order of their rankings, using the same 735 procedure. If only one proposal is received, the authority may 736 negotiate in good faith, and if it is not satisfied with the 737 results, it may, at its sole discretion, terminate negotiations 738 with the proposer. The authority may, at its discretion, reject 739 all proposals at any point in the process up to completion of a 740 contract with the proposer. 741 (4) Agreements entered into pursuant to this section may 742 authorize the public-private entity to impose tolls or fares for 743 the use of the facility. However, the amount and use of toll or 744 fare revenues shall be regulated by the authority to avoid 745 unreasonable costs to users of the facility. 746 (5) Each public-private transportation facility constructed 747 pursuant to this section must comply with all requirements of 748 federal, state, and local laws; state, regional, and local 749 comprehensive plans; the authority’s rules, policies, 750 procedures, and standards for transportation facilities; and any 751 other conditions that the authority determines to be in the 752 public’s best interest. 753 (6) The authority may exercise any power it has, including 754 eminent domain, to facilitate the development and construction 755 of transportation projects pursuant to this section. The 756 authority may pay all or part of the cost of operating and 757 maintaining the facility or may provide services to the private 758 entity for which it receives full or partial reimbursement. 759 (7) Except as herein provided, this section is not intended 760 to amend existing laws by granting additional powers to or 761 further restricting the governmental entities from regulating 762 and entering into cooperative arrangements with the private 763 sector for the planning, construction, and operation of 764 transportation facilities. 765 Section 19. Pursuant to section 20 of chapter 2014-171, 766 Laws of Florida, part V of chapter 348, Florida Statutes, 767 consisting of sections 348.9950, 348.9951, 348.9952, 348.9953, 768 348.9954, 348.9956, 348.9957, 348.9958, 348.9959, 348.9960, and 769 348.9961, is repealed. 770 Section 20. Except as otherwise expressly provided in this 771 act, this act shall take effect July 1, 2019.