HomeMy WebLinkAboutBack-Up from Law DeptCHAPTER 2019-169
Committee Substitute for Committee Substitute for
Committee Substitute for House Bill No. 385
An act relating to transportation; amending s. 20.23, F.S.; conforming
provisions to changes made by the act; amending s. 112.3144, F.S.;
deleting an obsolete provision; requiring members of certain authorities
and agencies to comply with certain financial disclosure requirements;
amending s. 212.055, F.S.; revising the authorized uses of proceeds from
charter county and regional transportation system surtaxes; requiring
certain counties to use surtax proceeds only for purposes related to fixed
guideway rapid transit systems, rail systems, bus systems, development of
dedicated facilities for autonomous vehicles, and certain services; author-
izing the use of surtax proceeds for the purchase of rights-of-way under
certain circumstances; authorizing the use of surtax proceeds for the
payment of principal and interest on, refinancing of, and issuance of
certain bonds; authorizing the use of surtax proceeds for operations and
maintenance of certain fixed guideway rapid transit systems, bus routes
or extensions, and services; authorizing a percentage of surtax proceeds to
be distributed to certain municipalities to be used for certain purposes;
amending s. 215.68, F.S.; conforming provisions to changes made by the
act; reviving, reenacting, and amending s. 319.141, F.S.; revising the
definition of the term "rebuilt inspection services"; revising provisions
relating to the rebuilt motor vehicle inspection program; revising
participant duties and responsibilities; revising location and insurance
requirements; authorizing the Department of Highway Safety and Motor
Vehicles to adopt rules; requiring a report to the Legislature within a
certain timeframe; amending s. 320.0605, F.S.; authorizing an electronic
copy, instead of a true copy, of rental or lease documentation issued for a
motor vehicle or issued for a replacement vehicle in the same registration
period to be in the possession of the operator or carried in the vehicle and
exhibited upon demand of any authorized law enforcement officer or agent
of the department; providing that the act of presenting to a law
enforcement officer or agent of the department an electronic device
displaying an electronic copy of rental or lease documentation does not
constitute consent for the officer or agent to access any information on the
device other than the displayed rental or lease documentation; providing
assumption of liability; revising requirements for certain rental or lease
documentation; amending s. 322.38, F.S.; prohibiting a person from
renting a motor vehicle to another until he or she has verified that the
driver license is unexpired; revising record requirements for persons
renting a motor vehicle to another; providing that, under certain
circumstances, a rental car company is deemed to have met specified
obligations when the rental car company, at the time the renter enrolls in
a membership program, master agreement, or other means of establishing
use of the rental car company's services, or any time thereafter, requires
the renter to verify that he or she is duly licensed and that the license is
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
unexpired; amending s. 334.175, F.S.; requiring the Department of
Transportation to review design plans for transportation projects relating
to department -owned rights-of-way under certain circumstances; amend-
ing s. 337.025, F.S.; authorizing the department to establish a program for
transportation projects that demonstrate certain innovative techniques
for measuring resiliency and structural integrity and controlling time and
cost increases; amending s. 338.165, F.S.; deleting cross-references;
amending s. 339.175, F.S.; authorizing certain counties to elect to have
their county commissions serve as the metropolitan planning organiza-
tions under certain circumstances; prohibiting metropolitan planning
organizations in certain counties from assessing certain fees; amending s.
343.1003, F.S.; revising a cross-reference; repealing part I of ch. 348, F.S.,
relating to the creation and operation of the Florida Expressway Authority
Act; creating part I of ch. 348, F.S., titled "Greater Miami Expressway
Agency"; creating s. 348.0301, F.S.; providing a short title; creating s.
348.0302, F.S.; providing applicability; creating s. 348.0303, F.S.; provid-
ing definitions; creating s. 348.0304, F.S.; creating the Greater Miami
Expressway Agency; providing for membership on the governing body of
the agency; providing requirements for the governing body of the agency;
requiring the initial meeting of the governing body by a certain date;
requiring an oath of office; authorizing the governing body to employ
certain officers, staff, and agents, subject to certain requirements;
authorizing the delegation of certain functions; providing for the removal
from office of members of the governing body under certain circumstances;
providing requirements for employment with the agency; requiring the
governing body to conduct a nationwide search in the hiring of an
executive director of the agency; providing that members of the governing
body are not entitled to compensation but are entitled to per diem and
travel expenses; creating s. 348.0305, F.S.; providing ethics requirements
for the agency; providing applicability of certain provisions; providing
definitions; prohibiting certain persons from being appointed to the
governing body of the agency; providing certain prohibitions for members
and employees of the agency after vacation of their positions; providing
disclosure requirements; providing that violation of certain provisions are
considered violation of official, employment, or contractual duties;
requiring certain ethics training; providing application and enforcement;
providing applicability; creating s. 348.0306, F.S.; providing agency
purposes and powers; requiring the agency to construct expressways;
providing construction requirements; prohibiting an increase in toll rates
until a specified date, subject to certain exceptions; requiring a super -
majority vote for an increase in toll rates; providing a limit to adminis-
trative costs; requiring the Florida Transportation Commission to
determine the annual state average of administrative costs; requiring a
minimum distance between tolling points; authorizing establishment of
specified toll rates; providing agency responsibilities regarding reim-
bursement of certain county gasoline tax funds; providing project approval
requirements; providing agency requirements and restrictions; authoriz-
ing the governing body of a county to enter into an interlocal agreement
with the agency for certain purposes; requiring an annual financial audit
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
of the agency, subject to certain requirements; creating s. 348.0307, F.S.;
creating the Greater Miami Toll Rebate Program; requiring the agency to
develop and implement a monthly rebate program beginning on a specified
date, subject to certain requirements; requiring monthly rebates to be
credited to the account of certain SunPass holders; providing a goal for the
amount of rebates; requiring review of the rebate within a specified period;
authorizing adjustment of the rebate upon such review; prohibiting the
agency from imposing additional requirements for receipt of the toll
rebate; creating s. 348.0308, F.S.; providing a legislative declaration;
authorizing the agency to enter into certain public-private partnership
agreements; authorizing solicitation or receipt of certain proposals;
prohibiting the agency from selling or leasing any transportation facility
owned by the agency without providing a certain analysis to the
Legislative Budget Commission for review and approval; providing
rulemaking authority; requiring the agency to establish a certain
application fee by rule; providing approval requirements; requiring
certain costs to be borne by the private entity; providing notice require-
ments for requests for proposals; providing for ranking and negotiation of
proposals; requiring the agency to regulate tolls on certain facilities;
requiring compliance with specified laws, rules, and conditions; authoriz-
ing certain powers for the development, construction, operation, and
maintenance of transportation projects by the agency or private entities;
providing construction; creating s. 348.0309, F.S.; authorizing the agency
to have bonds issued as provided in the State Bond Act; authorizing the
agency to issue its own bonds; providing requirements for the issuance of
such bonds; requiring the sale of bonds at a public sale; providing an
exception, subject to certain requirements; providing that resolutions
authorizing certain bonds may contain certain provisions; authorizing the
agency to enter into certain trust indentures or other agreements with
specified entities; providing that bonds are negotiable instruments under
certain provisions of law; requiring approval by the Legislative Budget
Commission for certain projects, buildings, or facilities and any refinan-
cing thereof; creating s. 348.0310, F.S.; authorizing the department to be
appointed as an agent of the agency for construction purposes; requiring
the agency to provide specified documents and funding to the department;
creating s. 348.0311, F.S.; authorizing the agency to acquire lands and
property; authorizing the agency to condemn certain material and
property; authorizing the agency and specified persons to enter upon
lands, waters, and premises for certain purposes; providing notice
requirements; requiring the agency to make reimbursement for damages
to such lands, waters, and premises; requiring such entry to comply with
certain provisions; providing requirements for the agency's exercise of the
right eminent domain; exempting the agency from certain liability;
providing construction; authorizing interagency agreements with the
Department of Environmental Protection for certain purposes; creating s.
348.0312, F.S.; authorizing agency agreements with other units of
government and individuals; creating s. 348.0313, F.S.; providing a
covenant of the state that it will not limit certain rights or powers;
creating s. 348.0314, F.S.; exempting the agency from taxation; providing
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
an exception; creating s. 348.0315, F.S.; requiring specified information to
be posted on the agency's website; defining the term "contract"; requiring
the agency to submit a certain annual report, beginning on a specified
date, to the metropolitan planning organization for the county; creating s.
348.0316, F.S.; providing that specified bonds or obligations are legal
investments and eligible securities for certain purposes; creating s.
348.0317, F.S.; providing that specified pledges are enforceable by
bondholders; creating s. 348.0318, F.S.; providing that the powers
conferred by certain provisions are in addition and supplemental to the
existing powers of the Department of Transportation and the governing
body of the agency; providing construction; transferring the governance,
control, assets, and rights of the Miami -Dade County Expressway
Authority to the Greater Miami Expressway Agency; providing that the
agency succeeds to all powers of the authority; requiring the operations
and maintenance of the expressway system to be under the control of the
agency; providing that revenues collected on the expressway system are
agency revenues, subject to certain liens; providing that the agency
assumes certain liabilities; requiring the agency, in consultation with the
Division of Bond Finance, to review all other contracts, financial
obligations, and contractual relationships and liabilities of the authority;
authorizing the agency to assume responsibility for certain obligations;
prohibiting employees, officers, and members of the authority from taking
specified actions; providing terms and conditions of the transfer; requiring
the Auditor General to submit a financial report to the Governor and the
Legislature by a certain date; authorizing consultation with the agency's
bond counsel for specified purposes; requiring such counsel to have the
opportunity to respond to the report; providing for the dissolution of the
Miami -Dade County Expressway Authority; creating ss. 348.635 and
348.7605, F.S.; providing a legislative declaration; authorizing the
Tampa -Hillsborough County Expressway Authority and the Central
Florida Expressway Authority to enter into certain public-private partner-
ship agreements; authorizing solicitation or receipt of certain proposals;
prohibiting the authorities from selling or leasing any transportation
facility owned by the authorities without providing a certain analysis to
the Legislative Budget Commission for review and approval; providing
rulemaking authority; requiring the authorities to establish a certain
application fee by rule; providing approval requirements; requiring
certain costs to be borne by the private entity; providing notice require-
ments for requests for proposals; providing for ranking and negotiation of
proposals; requiring the authorities to regulate tolls on certain facilities;
requiring compliance with specified laws, rules, and conditions; authoriz-
ing certain powers for the development, construction, operation, and
maintenance of transportation projects by the authorities or private
entities; providing construction; repealing part V of ch. 348, F.S., relating
to the Osceola County Expressway Authority Law; providing honorary
designations of certain transportation facilities in specified counties;
directing the Department of Transportation to erect suitable markers;
providing effective dates.
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (b) of subsection (2) of section 20.23, Florida
Statutes, is amended to read:
20.23 Department of Transportation.—There is created a Department of
Transportation which shall be a decentralized agency.
(2)
(b) The commission shall:
1. Recommend major transportation policies for the Governor's approval
and assure that approved policies and any revisions are properly executed.
2. Periodically review the status of the state transportation system
including highway, transit, rail, seaport, intermodal development, and
aviation components of the system and recommend improvements to the
Governor and the Legislature.
3. Perform an in-depth evaluation of the annual department budget
request, the Florida Transportation Plan, and the tentative work program
for compliance with all applicable laws and established departmental
policies. Except as specifically provided in s. 339.135(4)(c)2., (d), and (f),
the commission may not consider individual construction projects, but shall
consider methods of accomplishing the goals of the department in the most
effective, efficient, and businesslike manner.
4. Monitor the financial status of the department on a regular basis to
assure that the department is managing revenue and bond proceeds
responsibly and in accordance with law and established policy.
5. Monitor on at least a quarterly basis, the efficiency, productivity, and
management of the department using performance and production stan-
dards developed by the commission pursuant to s. 334.045.
6. Perform an in-depth evaluation of the factors causing disruption of
project schedules in the adopted work program and recommend to the
Governor and the Legislature methods to eliminate or reduce the disruptive
effects of these factors.
7. Recommend to the Governor and the Legislature improvements to the
department's organization in order to streamline and optimize the efficiency
of the department. In reviewing the department's organization, the
commission shall determine if the current district organizational structure
is responsive to this state's changing economic and demographic develop-
ment patterns. The initial report by the commission must be delivered to the
Governor and the Legislature by December 15, 2000, and each year
thereafter, as appropriate. The commission may retain experts as necessary
to carry out this subparagraph, and the department shall pay the expenses
of the experts.
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
8. Monitor the efficiency, productivity, and management of the agencies
and authorities created under chapters 348 and 349, inel ding any ,,, therit
formed using part r of „i,apter 348; the Mid -Bay Bridge Authority re-created
pursuant to chapter 2000-411, Laws of Florida; and any authority formed
under chapter 343. The commission shall also conduct periodic reviews of
each agency's and authority's operations and budget, acquisition of
property, management of revenue and bond proceeds, and compliance
with applicable laws and generally accepted accounting principles.
Section 2. Subsection (1) of section 112.3144, Florida Statutes, is
amended to read:
112.3144 Full and public disclosure of financial interests.—
(1)(a) An officer who is required by s. 8, Art. II of the State Constitution
to file a full and public disclosure of his or her financial interests for any
calendar or fiscal year shall file that disclosure with the Florida Commission
on Ethics. Additionally, beginning Tams• -y 1, 241-5, an officer who is
required to complete annual ethics training pursuant to s. 112.3142 must
certify on his or her full and public disclosure of financial interests that he or
she has completed the required training.
(b) A member of an expressway authority, transportation authority,
bridge authority., toll authority., or expressway gency created pursuant to
chapter 343, chapter 348, or any other general law shall comply with the
applicable financial disclosure requirements of s. 8, Art. II of the State
Constitution.
Section 3. Effective October 1, 2022, paragraph (d) of subsection (1) of
section 212.055, Florida Statutes, is amended to read:
212.055 Discretionary sales surtaxes; legislative intent; authorization
and use of proceeds.—It is the legislative intent that any authorization for
imposition of a discretionary sales surtax shall be published in the Florida
Statutes as a subsection of this section, irrespective of the duration of the
levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the
surtax may be imposed, if any; the procedure which must be followed to
secure voter approval, if required; the purpose for which the proceeds may be
expended; and such other requirements as the Legislature may provide.
Taxable transactions and administrative procedures shall be as provided in
s. 212.054.
(1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYS-
TEM SURTAX.—
(d)1. Except as set forth in subparagraph 2., proceeds from the surtax
shall be applied to as many or as few of the uses enumerated below in
whatever combination the county commission deems appropriate:
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
a.4-. Deposited by the county in the trust fund and shall be used for the
purposes of development, construction, equipment, maintenance, operation,
supportive services, including a countywide bus system, on -demand trans-
portation services, and related costs of a fixed guideway rapid transit
system;
b.2-. Remitted by the governing body of the county to an expressway,
transit, or transportation authority created by law to be used, at the
discretion of such authority, for the development, construction, operation, or
maintenance of roads or bridges in the county, for the operation and
maintenance of a bus system, for the operation and maintenance of on -
demand transportation services, for the payment of principal and interest on
existing bonds issued for the construction of such roads or bridges, and, upon
approval by the county commission, such proceeds may be pledged for bonds
issued to refinance existing bonds or new bonds issued for the construction of
such roads or bridges;
3. Used by the eounty for the development, eonstruetion, operation, a
xxxurxxzcxxuxxce of reads an—bridges in e c6uny; 6r the cxpicn;r'r6n,
operation,and maintenanee of s and fixed systems;
for th
e operation,
and maintenanee of on demand transportation servieese
systems, and for the payment of prineipal and interest on bonds issued for
bus systems, e
bridges;
uses; and sueh preeeeds may be pledged by the governing body of t
reads, or bridges and no more than 25 pereent used for nontransit and
c.4.- Used by the county for the planning, development, construction,
operation, and maintenance of roads and bridges in the county; for the
planning, development, expansion, operation, and maintenance of bus and
fixed guideway systems; for the planning, development, construction,
expansion, operation, and maintenance of on -demand transportation ser-
vices; and for the payment of principal and interest on bonds issued for the
construction of fixed guideway rapid transit systems, bus systems, roads, or
bridges; and such proceeds may be pledged by the governing body of the
county for bonds issued to refinance existing bonds or new bonds issued for
the construction of such fixed guideway rapid transit systems, bus systems,
roads, or bridges. Pursuant to an interlocal agreement entered into pursuant
to chapter 163, the governing body of the county may distribute proceeds
from the tax to a municipality, or an expressway or transportation authority
created by law to be expended for the purpose authorized by this paragraph.
Any county that has entered into interlocal agreements for distribution of
proceeds to one or more municipalities in the county shall revise such
interlocal agreements no less than every 5 years in order to include any
municipalities that have been created since the prior interlocal agreements
were executed.
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
2.a. To the extent not prohibited by contracts or bond covenants in effect
on that date, a county as defined in s. 125.011(1) shall use proceeds from the
surtax only for the following purposes.
(I) The planning, design, engineering, or construction of fixed guideway
rapid transit systems, rail systems, and bus systems, including bus rapid
transit systems, and for the development of dedicated facilities for
autonomous vehicles as defined in s. 316.003.
(II) The acquisition of rights-of-way for fixed guideway rapid transit
systems, rail systems, and bus systems, including bus rapid transit systems,
and for the development of dedicated facilities for autonomous vehicles as
defined in s. 316.003.
(III) The purchase of buses or other capital costs for bus systems,
including bus rapid transit systems.
(IV) The payment of principal and interest on bonds previously issued
related to fixed guideway rapid transit systems, rail systems, or bus
systems.
(V) As security by the governing body of the county to refinance existing
bonds or to issue new bonds for the planning, design, engineering, or
construction of fixed guideway rapid transit systems, rail systems, bus rapid
transit systems, or bus systems.
(VI) For the operation and maintenance of fixed guideway rapid transit
systems and bus routes or extensions thereof, including bus rapid transit
systems, which were implemented or constructed subsequent to the passage
of the surtax, and for operation and maintenance of services authorized bX
electors in passing the surtax or included in the ordinance authorizing the
levy of the surtax subject to the electorate's approval.
b. To the extent not prohibited by contracts or bond covenants in effect on
October 1, 2022, no more than 25 percent of the surtax proceeds may be
distributed to municipalities in total in a county as defined in s. 125.011(1).
Such municipalities may use the surtax proceeds to plan, develop, construct,
operate, and maintain roads and bridges in the municipality and to pay the
principal and interest on bonds issued to construct roads or bridges. The
governing body of the municipality may pledge the proceeds for bonds issued
to refinance existing bonds or new bonds issued to construct such roads or
bridges. Additionally, each such municipality may use surtax proceeds for
transit systems within the municipality.
Section 4. Subsection (2) of section 215.68, Florida Statutes, is amended
to read:
215.68 Issuance of bonds; form; maturity date, execution, sale.—
(2) Such bonds may:
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
(a) Be issued in either coupon form or registered form or both;
(b) Have such date or dates of issue and such maturities, not exceeding in
any event 40 years from the date of issuance thereof,
(c) Bear interest at a rate or rates not exceeding the interest rate
limitation set forth in s. 215.84(3);
(d) Have such provisions for registration of coupon bonds and conversion
and reconversion of bonds from coupon to registered form or from registered
form to coupon form;
(e) Have such provisions for payment at maturity and redemption before
pie maturity at such time or times and at such price or prices; and
(f) Be payable at such place or places within or without the state as the
board shall determine by resolution.
The foregoing terms and eenditions do not supersede the fifnitations
provided in ehapter 348, part 1, relating to the issuanee of bonds.
Section 5. Notwithstanding the repeal of section 319.141, Florida
Statutes, which occurred on July 1, 2018, that section is revived, reenacted,
and amended to read:
319.141 P41et Rebuilt motor vehicle inspection program.—
(1) As used in this section, the term:
(a) "Facility" means a rebuilt motor vehicle inspection facility author-
ized and operating under this section.
(b) "Rebuilt inspection services" means an examination of a rebuilt
vehicle and a properly endorsed certificate of title, salvage certificate of title,
or manufacturer's statement of origin and an application for a rebuilt
certificate of title, a rebuilder's affidavit, a photograph of the junk or salvage
vehicle taken before repairs began, if available, a photograph of the interior
driver and passenger sides of the vehicle if airbags were previously deployed
and replaced, receipts or invoices for all major component parts, as defined
in s. 319.30, and repairs which were changed, and proof that notice of
rebuilding of the vehicle has been reported to the National Motor Vehicle
Title Information System.
(2) By October 1, 2019 iulyT2015, the department shall implement
evefsee a plat program in Miami -Dade County to evaluate alto fnatives for
rebuilt inspection services offered by existing private sector participants
eensumefs, and the potential sE�vings to the depaAment.
(3) Upon selection by the department, each participant shall enter into
The department shall establish a memorandum of understanding with the
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
department that allows such participant private „ ftes „ ftie patin r in the
pilot pfeg f m to conduct rebuilt motor vehicle inspections and specifies
requirements for oversight, bonding and insurance, procedures, and forms
and requires the electronic transmission of documents. The department may
examine all records pertaining to any inspection or related service
performed under the rebuilt motor vehicle inspection program.
(4) Before a participant an appheant is authorized to perform such
rebuilt inspection services approved, the department shall ensure that the
participant appheant meets basic criteria designed to protect the public. At a
minimum, the participant art shall meet all of the following require-
ments:
(a) Have and maintain a surety bond or irrevocable letter of credit in the
amount of $100,000 executed in favor of the department. Such surety bond or
letter of credit shall be issued by entities licensed to do business in this state
by the appliea-at.
(b) Secure and maintain a facility at a permanent fixed structures
evidenced by proof of ownership or written lease at an address recognized by
the United States Postal Service where the only services provided on such
property are rebuilt inspection services. The facility must have permanent
signage which advertises that only private rebuilt inspection services are
provided at that location; posted business hours; a designated office area and
customer waiting area; a rebuilt inspection area separate and visually
obstructed from any area accessible to the customer; surveillance cameras
with recording capabilities for the rebuilt inspection areas; and sufficient
onsite customer parking. The location must be large enough to accommodate
all of the vehicles being inspected and have a covered area to accommodate
at least two vehicles during inclement weather. The participant operator f�
faey shall annually attest that he or she does not have a direct or indirect
interest in any motor vehicle that a facility has inspected or proposes to
inspect; he or she is not employed by or does not have an ownership interest
in or other financial arrangement with the owner, operator, manager, or
employee of a motor vehicle repair shop as defined in s. 559.903, a motor
vehicle dealer as defined in s. 320.27(1)(c), a towing company, a vehicle
storage company, a vehicle auction, an insurance company, a salvage yard, a
metal retailer, or a metal rebuilder; from which he or she receives
remuneration, directly or indirectly, for the referral of customers for rebuilt
inspection services; there have been no changes to the ownership structure
of the approved facility; and the only services being provided by such
participant at the facility are rebuilt inspection services. Only a participant
selected and approved by the department may charge or receive a fee for
providing or facilitating such services.
(c) Have and maintain garage liability with a minimum of $100,000
single -limit liability coverage including bodily injury and property damage
protection and any other insurance required by the department.
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
(d) Have completed criminal background checks of the owners, partners,
and corporate officers and the inspectors employed by the facility which
demonstrate that such persons have not been convicted of a felony, pled
guilty to a felony, pled nolo contendere to a felony, or been incarcerated for a
felony in the previous 10 years.
(e) Meet any additional criteria the department determines necessary to
conduct proper inspections.
(5) A participant may not conduct an inspection of a vehicle in complete
rebuilt condition without prior approval by the department. A person or
entity other than the department or a participant authorized by the
department may not conduct rebuilt inspection services.
j6j 5- A participant in the program shall access vehicle and title
information and enter inspection results through an electronic filing system
authorized by the department and shall maintain records of each rebuilt
vehicle inspection processed at such facility for at least 5 years.
(7) A vehicle owner who fails an initial rebuilt inspection may only have
that vehicle reinspected by the department or the facility that conducted the
original inspection.
L8 6 The department shall conduct an onsite facility inspection at least
once per quarter and shall immediately terminate any participant epefate>
from the program who fails to meet the minimum eligibility requirements
specified in subsection (4). Before a change in ownership of a rebuilt
inspection facility, the current operator must give the department 45 days'
written notice of the intended sale or transfer. The prospective owner must
meet the eligibility requirements of this section and execute a new
memorandum of understanding with the department before operating the
facility.
(9) The department may adopt rules pursuant to ss. 120.536(1) and
120.54 to implement and enforce this section.
(10) On or before July 1, 2021, the department shall submit a written
report to the President of the Senate and the Speaker of the House of
Representatives evaluating the effectiveness of the program and whether to
expand the program to other counties. 201
(7) This seetion is r-epealed on july 1,
8, unless saved fFem Fepeal
through reenaetment by the Legislature.
Section 6. Section 320.0605, Florida Statutes, is amended to read:
320.0605 Certificate of registration; possession required; exception.—
(1)(a) The registration certificate or an official copy thereof, a true copy
or an electronic copy of rental or lease documentation issued for a motor
vehicle or issued for a replacement vehicle in the same registration period, a
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
temporary receipt printed upon self -initiated electronic renewal of a
registration via the Internet, or a cab card issued for a vehicle registered
under the International Registration Plan shall, at all times while the
vehicle is being used or operated on the roads of this state, be in the
possession of the operator thereof or be carried in the vehicle for which
issued and shall be exhibited upon demand of any authorized law
enforcement officer or any agent of the department, except for a vehicle
registered under s. 320.0657. The prow sie This section does de not apply
during the first 30 days after purchase of a replacement vehicle. A violation
of this section is a noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318.
(b)1. The act of presenting to a law enforcement officer or agent of the
department an electronic device displaying an electronic copy of rental or
lease documentation does not constitute consent for the officer or agent to
access any information on the device other than the displayed rental or lease
documentation.
2. The person who presents the device to the officer or agent assumes the
liability for any resulting damage to the device.
(2) Rental or lease documentation that is sufficient to satisfy the
requirement in subsection (1) includes the following:
(a) Date of rental and time of exit n rental €ae y
QTRental ion identifieatien;
Rental agreement number;
LFd4 Rental vehicle identification number;
�M-o Rental vehicle license plate number and state of registration;
LelFP Vehicle's make, model, and color;
�f fig} Vehicle's mileage; and
Jg�{a) Authorized renter's name.
Section 7. Section 322.38, Florida Statutes, is amended to read:
322.38 Renting motor vehicle to another.—
(1) A No person may not shall rent a motor vehicle to any other person
unless the other meter person is then duly licensed; or, if a nonresident, he-ar
shep be is licensed under the laws of the state or country of his or her
residence, except a nonresident whose home state or country does not
require that an operator be licensed.
(2) A No person may not shy rent a motor vehicle to another until he or
she has inspected the driver license of the person to whom the vehicle is to be
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
rented; and has eemp Mea a verified that the driver license is unexpired
presenee.
(3) Every person renting a motor vehicle to another shall keep a record of
the registration number of the motor vehicle so rented, the name and
address of the person to whom the vehicle is rented, the number of the
license of said latter person, and the dna placewhen a where the said
license was issued. Such record shall be open to inspection by any police
officer, or officer or employee of the department.
(4) If a rental car company rents a motor vehicle to a person through
digital, electronic, or other means which allows the renter to obtain
possession of the motor vehicle without direct contact with an agent or
employee of the rental car company, or if the renter does not execute a rental
contract at the time he or she takes possession of the vehicle, the rental car
company is deemed to have met all obligations of subsections (1) and (2)
when the rental car company, at the time the renter enrolls in a membership
program, master agreement, or other means of establishing use of the rental
car company's services, or any time thereafter, requires the renter to verify
that he or she is duly licensed and that the license is unexpired.
Section 8. Section 334.175, Florida Statutes, is amended to read:
334.175 Certification of project design plans and surveys.—
All design plans and surveys prepared by or for the department shall
be signed, sealed, and certified by the professional engineer or surveyor or
architect or landscape architect in responsible charge of the project work.
Such professional engineer, surveyor, architect, or landscape architect must
be duly registered in this state.
(2) For portions of transportation projects on, under, or over a depart-
ment -owned right-of-way, and regardless of funding source, the department
shall review the project's design plans for compliance with departmental
design standards.
Section 9. Subsection (1) of section 337.025, Florida Statutes, is amended
to read:
337.025 Innovative transportation highway projects; department to
establish program.—
(1) The department may is ,,.,therize establish a program for
transportation highway projects demonstrating innovative techniques of
highway and bridge design construction, maintenance, and finance which
have the intended effect of measuring resiliency and structural integrity and
controlling time and cost increases on construction projects. Such techniques
may include, but are not limited to, state-of-the-art technology for pavement,
safety, and other aspects of highway and bridge design construction, and
maintenance; innovative bidding and financing techniques; accelerated
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
construction procedures; and those techniques that have the potential to
reduce project life cycle costs. To the maximum extent practical, the
department must use the existing process to award and administer
construction and maintenance contracts. When specific innovative techni-
ques are to be used, the department is not required to adhere to those
provisions of law that would prevent, preclude, or in any way prohibit the
department from using the innovative technique. However, before pfief to
using an innovative technique that is inconsistent with another provision of
law, the department must document in writing the need for the exception
and identify what benefits the traveling public and the affected community
are anticipated to receive. The department may enter into no more than
$120 million in contracts annually for the purposes authorized by this
section.
Section 10. Subsections (2) and (5) of section 338.165, Florida Statutes,
are amended to read:
338.165 Continuation of tolls.—
(2) If the revenue-producing project is on the State Highway System, any
remaining toll revenue shall be used for the construction, maintenance, or
improvement of any road on the State Highway System within the county or
counties in which the revenue-producing project is located, exeept as
pre;tided in s.-348.0004.
(5) If the revenue-producing project is on the county road system, any
remaining toll revenue shall be used for the construction, maintenance, or
improvement of any other state or county road within the county or counties
in which the revenue-producing project is located, e- eept as pfevided i ,
3488.0v04
Section 11. Paragraph (d) of subsection (3) and paragraph (f) of
subsection (6) of section 339.175, Florida Statutes, are amended to read:
339.175 Metropolitan planning organization.—
(3) VOTING MEMBERSHIP.—
(d) Any other provision of this section to the contrary notwithstanding,
any county as defined in s. 125.011(1) ehafte fea unde f , 6(e) AA. Vill of the
State Constitution may elect to have its county commission serve as the
M.P.O., if the M.P.O. jurisdiction is wholly contained within the county. Any
charter county that elects to exercise the provisions of this paragraph shall
so notify the Governor in writing. Upon receipt of such notification, the
Governor must designate the county commission as the M.P.O. The
Governor must appoint four additional voting members to the M.P.O., one
of whom must be an elected official representing a municipality within the
county, one of whom must be an expressway authority member, one of whom
must be a person who does not hold elected public office and who resides in
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
the unincorporated portion of the county, and one of whom must be a school
board member.
(6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, pri-
vileges, and authority of an M.P.O. are those specified in this section or
incorporated in an interlocal agreement authorized under s. 163.01. Each
M.P.O. shall perform all acts required by federal or state laws or rules, now
and subsequently applicable, which are necessary to qualify for federal aid.
It is the intent of this section that each M.P.O. shall be involved in the
planning and programming of transportation facilities, including, but not
limited to, airports, intercity and high-speed rail lines, seaports, and
intermodal facilities, to the extent permitted by state or federal law.
(f)1. The department shall allocate to each M.P.O., for the purpose of
accomplishing its transportation planning and programming duties, an
appropriate amount of federal transportation planning funds.
2. Ina county as defined ins. 125.011(1), the M.P.O. may not assess any
fees for municipalities, counties, or other governmental entities that are
members of the M.P.O.
Section 12. Subsection (6) of section 343.1003, Florida Statutes, is
amended to read:
343.1003 Northeast Florida Regional Transportation Commission.—
(6) Notwithstanding s. 112.3144(1)(b) s. 2^4 nnn2��v members of the
board shall file a statement of financial interests interest with the
Commission on Ethics pursuant to s. 112.3145.
Section 13. Part I of chapter 348, Florida Statutes, consisting of sections
348.0001, 348.0002, 348.0003, 348.0004, 348.0005, 348.0007, 348.0008,
348.0009, 348.0010, 348.0011, 348.00115, and 348.0012, is repealed.
Section 14. Part I of chapter 348, Florida Statutes, consisting of sections
348.0301, 348.0302, 348.0303, 348.0304, 348.0305, 348.0306, 348.0307,
348.0308, 348.0309, 348.0310, 348.0311, 348.0312, 348.0313, 348.0314,
348.0315, 348.0316, 348.0317, and 348.0318, Florida Statutes, is created
to read:
CHAPTER 348
EXPRESSWAY AND BRIDGE AUTHORITIES
PART I
GREATER MIAMI EXPRESSWAY AGENCY
348.0301 Short title.—This part may be cited as the "Greater Miami
Expressway gency Act."
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348.0302 Applicability.—This part applies only to a county as defined in
s. 125.011(1).
348.0303 Definitions.—As used in the this part, the term:
(1) "Agency" means the body politic, corporate, and agency of the state
created by this part.
(2) "Agency of the state" means and includes the state and any
department of, or corporation, agency, or instrumentality created, desig-
nated, or established by, the state.
(3) "Bonds" means and includes the notes, bonds, refunding bonds, or
other evidences of indebtedness or obligations, in either temporary or
definitive form, which the agency issues pursuant to this part.
(4) "County" means a county as defined in s. 125.011(1).
(5) "County gasoline tax funds" means all of the 80 -percent surplus
gasoline tax funds accruing in each year to the department for use within the
geographic boundaries of the agency under s. 9, Art. XII of the State
Constitution, after the deduction of any amounts of such gasoline tax funds
heretofore pledged by the department or a county for outstanding obliga-
tions.
(6) "Department" means the Department of Transportation.
(7) "Express written consent" means prior express written consent given
in the form of a resolution adopted by a board of county commissioners.
(8) "Expressway" means a street or highway especially designed for
through traffic and over, from, or to which owners or occupants of abutting
land or other persons have no right or easement or only a limited right or
easement of access, light, air, or view by reason of the fact that their property
abuts upon such limited access facility or for any other reason. An
expressway may be a facility from which trucks, buses, and other
commercial vehicles are excluded or may be a facility pen to use by all
customary forms of street and highway traffic.
(9) "Expressway system" means any and all expressways not owned by
the department which fall within the geographic boundaries of the agency
established pursuant to this act and appurtenant facilities thereto, includ-
ing but not limited to, all approaches, roads, bridges, and avenues of access
for such expressway. The term includes a public transportation facility.
(10) "Federal agency" means and includes the United States, the
President of the United States, and any department of, or corporation,
agency, or instrumentality created, designated, or established by, the United
States.
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(11) "Members" means the governing body of the agency, and the term
"member" means one of the individuals constituting such governing body.
(12) "Public transportation facility" means real and personal property,
structures, improvements, buildings, personnel, equipment, plants, vehicle
parking or other facilities, rights-of-way, or any combination thereof used or
useful for the purposes of transporting passengers by means of a street
railway, elevated railway or guideway, subway, motor vehicle, motor bus, or
any bus or other means of conveyance operating as a common carrier.
348.0304 Greater Miami Expressway Agency.—
(1) There is hereby created and established a body politic and corporate,
an agency of the state, to be known as the "Greater Miami Expressway
Agency."
(2)(a) The governing body of the agency shall consist of nine voting
members. Except for the district secretary of the department, each member
must be a permanent resident of the county and may not hold, or have held
in the previous 2 years, elected or appointed office in the county. Each
member may only serve two terms of 4 years each. Three members shall be
appointed by the Governor. Two members, who must be residents of an
unincorporated portion of the county residing within 15 miles of an area with
the highest amount of agency toll roads, shall be appointed by the board of
county commissioners of the county. Three members, who must be residents
of incorporated municipalities within the county., shall be appointed by the
metropolitan planning organization for the county. The district secretary of
the department serving in the district that contains the county shall serve as
an ex officio voting member of the governing body.
(b) Initial appointments to the governing body of the agency shall be
made by July 31, 2019. For the initial appointments:
1. The Governor shall appoint one member for a term of 2 -years, one
member for a term of 3 years, and one member for a term of 4 years.
2. The board of county commissioners shall appoint one member for a
term of 1 year and one member for a term of 3 years.
3. The metropolitan planning organization shall appoint one member for
a term of 1 year, one member for a term of 2 years, and one member for a
term of 4 years.
(c) Persons who, on or after July 1, 2009, were members of the governing
body or employees of the former Miami -Dade County Expressway Authority
may not be appointed members of the governing body of the agency. This
paragraph does not apply to appointments to the governing body of the
agency made by the Governor or to the district secretary of the department
serving in an ex officio role pursuant to paragraph (a).
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(3)(a) The governing body of the agency shall elect one of its members as
chair and shall elect a secretary and a treasurer who need not be members of
the governing body. The chair, secretary, and treasurer shall hold their
offices at the will of the governing body. A simple majority of the governing
body constitutes a quorum, and the vote of a majority of those members
present is necessary for the governing body to take any action. A vacancy
shall not impair the right of a quorum of the governing body to exercise all of
the rights and perform all of the duties of the governing body.
(b) Upon the effective date of his or her appointment, or as soon
thereafter as practicable, each member of the governing body of the agency
shall enter upon his or her duties. The governing body's initial board
meeting must take place within 15 days after the initial appointments.
(c) Each member of the governing body of the agency, before entering
upon his or her official duties, shall take and subscribe to an oath before
some official authorized by law to administer oaths that he or she will
honestly, faithfully, and impartially perform the duties devolving upon him
or her in office as a member of the governing body and that he or she will not
neglect any duties imposed upon him or her by this part.
(4)(a) The governing body of the agency may employ an executive
secretary, an executive director, its own counsel and legal staff, technical
experts, and such engineers and employees, permanent or temporary, as it
may require and shall determine the qualifications and fix the compensation
of such persons, firms, or corporations. The governing body may employ a
fiscal agent or agents; however, the governing body must solicit sealed
proposals from at least three persons, firms, or corporations for the
performance of any services as fiscal agents. The governing body may
delegate to one or more of its agents or employees such of its power as it
deems necessary to carry out the purposes of this act, subject always to the
supervision and control of the governing body. Members of the governing
body may be removed from office by the Governor for misconduct,
malfeasance, misfeasance, or nonfeasance in office.
(b) Employees of the agency shall serve at the pleasure of the governing
body of the agency. The governing body of the agency shall review the
employment of all employees of the former Miami -Dade County Expressway
Authority to determine whether each employee will continue employment
with the agency. In the hiring of an executive director of the agency., the
governing body of the agency shall conduct a nationwide search in order to
identify the most qualified candidate.
(5) The members of the governing body of the agency shall not be entitled
to compensation but shall be entitled to receive per diem and travel expenses
as provided in s. 112.061.
348.0305 Ethics requirements. -
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
(1) Notwithstanding any other provision of law to the contrary, members
and employees of the agency are subject to part III of chapter 112. As used in
this section, the term:
(a) "Agency" means the Greater Miami Expressway Agency.
(b) "Lobby" means to seek to influence the agency, on behalf of another
person, with respect to a decision of the agency in an area of policy or
procurement or to attempt to obtain the goodwill of an officer, employee, or
consultant of the agency. The term does not include representing a client in
any stage of applying for or seeking approval of any administrative action, or
opposition to such action, provided such action does not require legislative
discretion and is subject to judicial review by petitioning for writ of
certiorari.
(c) "Lobbyist" means a person who is employed and receives payment, or
who contracts for economic consideration, to lobby or a person who is
principally employed for governmental affairs by another person or entity to
lobby on behalf of such person or entity. The term does not include a person
who:
1. Represents a client in a judicial proceeding or in a formal adminis-
trative proceeding before the agency.
2. Is an officer or employee of any governmental entity acting in the
normal course of his or her duties.
3. Consults under contract with the agency and communicates with the
agency regarding issues related to the scope of services in his or her contract.
4. Is an expert witness who is retained or employed by an employer,
principal, or client to provide only scientific, technical, or other specialized
information provided in agenda materials or testimony only in public
hearings, provided the expert identifies such employer, principal, or client at
such hearing.
5. Seeks to procure a contract that is less than $20,000 or a contract
pursuant s. 287.056.
(d) "Officer" means a member of the governing body of the agency.
(e) "Principal' has the same meaning as in s. 112.3215.
(f) "Relative" has the same meaning as in s. 112.312.
(2)(a) A lobbyist may not be appointed or serve as a member of the
governing body of the agency.
(b) A person may not be appointed or serve as an officer if that person
currently represents or has in the previous 4 years lobbied the agency or the
former Miami -Dade County Expressway Authority.
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(c) A person may not be appointed or serve as an officer if that person has
in the previous 4 years done business, or been an employee of a person or
entity that has done business, with the agency or the former Miami -Dade
County Expressway Authority.
(d) A person may not be appointed or serve as an officer if that person has
in the previous 2 years been an employee of the agency.
(3) An officer, employee, or consultant of the agency or of the former
Miami -Dade County Expressway Authority may not, for a period of 4 years
after vacation of his or her position with the agency
(a) Lobby the agency.
(b) Have an employment or contractual relationship with a business
entity in connection with a contract in which the officer, employee, or
consultant personally and substantially participated through decision,
approval, disapproval, recommendation, rendering of advice, or investiga-
tion while he or she was an officer, employee, or consultant of the agency.
When an agency employee's position is eliminated and his or her former
duties are performed by the business entity, this paragraph does not prohibit
him or her from employment or a contractual relationship with the business
entity if the employee's participation in the contract was limited to
recommendation, rendering of advice, or investigation and if the executive
director of the agency determines that the best interests of the agency will be
served thereby and provides prior written approval for the particular
employee.
(c) Have or hold any employment or contractual relationship with a
business entity in connection with any contract for contractual services
which was within his or her responsibility while an officer, employee, or
consultant. If an agency employee's position is eliminated and his or her
former duties are performed by the business entity, this paragraph may be
waived by the executive director of the agency through prior written
approval for the particular employee if the executive director determines
that the best interests of the agency will be served thereby.
(4) Each officer, employee, and consultant of the agency must promptly
disclose:
(a) Every relationship that may create a conflict between his or her
private interests and the performance of his or her duties to the agency or
that would impede the full and faithful discharge of his or her duties to the
agency.
(b) Any relative and any employment or contractual relationship of such
relative which, if held by the officer, employee, or consultant, would violate
any provision of s. 112.313.
(c) Any relative who is a lobbyist and such lobbyist's principal.
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(d) Any direct or indirect interest in real property and such interest of
any relative if such property is located within one-half mile of any actual or
prospective agency project. The executive director of the agency shall provide
a corridor map and a property ownership list reflecting the ownership of all
real property within the disclosure area, or an alignment map with a list of
associated owners, to all officers, employees, and consultants.
(5) The disclosures required under subsection (4) must be filed with the
agency general counsel in the manner specified by the general counsel.
When the disclosure is filed by the general counsel, a copy must be provided
to the executive director of the agenc.
(6) A violation of this section shall be considered a violation of the
violator's official, employment, or contractual duties to the agency.
(7) Officers, employees, and consultants of the agency shall be ade-
quately informed and trained on the provisions of this section and the state
code of ethics and shall receive ongoing ethics training.
(8) The state code of ethics shall apply to officers, employees, and
consultants of the agency, and this section shall be enforced by the
Commission on Ethics as part of the state code of ethics.
(9) For purposes of this section, "consultant" does not include firms or
individuals retained by the agency to provide architectural, engineering,
landscape architecture, or registered surveying and mapping services as
described in s. 287.055.
348.0306 Purposes and powers.—
(1)(a) The agency created and established pursuant to this act may
acquire, hold, construct, improve, maintain, operate, and own an express-
way system.
(b) The agency, in the construction of an expressway system, shall
construct expressways. Construction of an expressway system may be
completed in segments, phases, or stages in a manner that will permit the
expansion of these segments, phases, or stages to the desired expressway
configuration. The agency., in the construction of an expresswasystem, may
construct any extensions of, additions to, or improvements to the expressway
system or appurtenant facilities, including all necessary approaches, roads,
bridges, and avenues of access, with such changes, modifications, or
revisions of the project that are deemed desirable and proper. For new
capacity projects, the agency shall use the department's design standards
and, to the maximum extent practicable, design facilities such as the
department would for high-speed limited access facilities. The agency may
only add additional expressways to an expressway system, under the terms
and conditions set forth in this act, with the prior express written consent of
the board of county commissioners of the county, and only if such additional
expressways lack adequate committed funding for implementation, are
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
financially feasible, and are compatible with the existing plans, projects, and
programs of the agency.
(2) The agency may exercise all powers necessary, appurtenant, con-
venient, or incidental to the carrying out of its purposes, including, but not
limited to, the following rights and powers:
(a) To sue and be sued, implead and be impleaded, and complain and
defend in all courts.
(b) To adopt, use, and alter at will a corporate seal.
(c) To acquire, purchase, hold, lease as lessee, and use any franchise or
property, real, personal, or mixed, tangible or intangible, or any interest
therein necessary or desirable for carr -fig out the purposes of the agency
and to sell, lease as lessor, transfer, and dispose of any property or interest
therein at any time acquired by it.
(d) To enter into and make leases, either as lessee or as lessor, in order to
carry out the right to lease as set forth in this act.
(e) To fix, alter, charge, establish, and collect tolls, rates, fees, rentals,
and other charges for the services and facilities system, which tolls, rates,
fees, rentals, and other charges must always be sufficient to comply with any
covenants made with the holders of any bonds secured by the net revenues of
the expressway system, including any additions, extensions, or improve-
ments thereof. However, such right and power may be assigned or delegated
by the agency to the department.
1. Notwithstanding any other provision of law to the contrary, the
agency may not increase its toll rates until July 1, 2029, including any
increase to the extent necessary to adjust for inflation pursuant to the
procedure for toll rate adjustments provided in s. 338.165, except:
a. As may be necessary to comply with covenants in the trust indentures
or resolutions adopted in connection with the agency's bonds secured by the
net revenues of the expresswasystem-, or
b. On or after July 1, 2024, as approved by a supermajority vote of the
governing body of the agency.
2. A toll rate increase must be approved by a two-thirds vote of the
members of the governing body of the agency.
3. The amount of toll revenues used for administrative costs by the
agency may not be greater than 10 percent above the annual state average of
administrative costs determined as provided in this subparagraph. The
Florida Transportation Commission shall determine the annual state
average of administrative costs based on the annual administrative costs
of all the expressway authorities in this state. For purposes of this
subparagraph, administrative costs include, but are not limited to, employee
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
salaries and benefits, small business outreach, insurance, professional
service contracts not directly related to the operation and maintenance of
the expressway system, and other overhead costs.
4. There must be a distance of at least 5 miles between main through -
lane tolling points. The distance requirement of this subparagraph does not
apply to entry and exit ramps. However, the agency may establish toll rates
such that the toll rate per mile is equal to the rates in effect on July 1, 2019.
(f) To borrow money, make and issue negotiable notes, bonds, refund
bonds, and other evidence of indebtedness of the agency., which bonds or
other evidence of indebtedness may be issued pursuant to the State Bond Act
or, in the alternative, pursuant to s. 348.0309(2) to finance or refinance
additions, extensions, or improvements to the expressway system within the
geographic boundaries of the agency, and to provide for the security of the
bonds or other evidence of indebtedness and the rights and remedies of the
holders of the bonds or other evidence of indebtedness. Any bonds or other
evidence of indebtedness pledging the full faith and credit of the state may
only be issued pursuant to the State Bond Act.
1. The agency shall reimburse the county in which it exists for any sums
expended from any county gasoline tax funds used for payment of such
obligations. Any county gasoline tax funds so disbursed shall be repaid in
accordance with the terms of any lease -purchase or interlocal agreement
with any county or the department together with interest, at the rate agreed
to in such agreement. In no event shall any county gasoline tax funds be
more than a secondary pledge of revenues for repayment of any obligations
issued pursuant to this part.
2. The agency may refund any bonds previously issued, to the extent
allowable by federal tax laws, to finance or refinance an expressway system
located within the geographic boundaries of the agency regardless of
whether the bonds being refunded were issued by such agency, an agency
of the state, or a county.
(g) To enter contracts and to execute all instruments necessary or
convenient for the carrying on of its business. Notwithstanding any other
provision of law to the contrary, the agency is subject to the procurement and
contracting requirements applicable to the department contained in
chapters 287 and 337.
(h) Without limitation of the foregoing, to borrow money and accept
grants from, and to enter into contracts, leases, or other transactions with,
any federal agency, the state, any agency of the state, any county, or any
other public body of the state.
(i) To have the power of eminent domain, including the procedural
powers granted under chapters 73 and 74.
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(i) To pledge, hypothecate, or otherwise encumber all or any part of the
revenues, tolls, rates, fees, rentals, or other charges or receipts of the agency,
including all or any portion of county gasoline tax funds received by the
agency pursuant to the terms of any lease -purchase agreement between the
agency and the department, as security for all or any of the obligations of the
agency.
(k) To do all acts and things necessary or convenient for the conduct of its
business and the general welfare of the agency in order to carry out the
powers granted to it by law.
(3) Notwithstanding any other provision of law to the contrary, the
consent of any municipality is not necessary for any project of the agency,
regardless of whether the project lies in whole or in part within the
boundaries of the municipality, if the project is consistent with the locally
adopted comprehensive plan. However, if a project is inconsistent with the
affected municipal comprehensive plan, the project may not proceed without
a hearing pursuant to ss. 120.569 and 120.57 at which it is determined that
the project is consistent with the adopted metropolitan planning organiza-
tion transportation improvement plan, if any, and the applicable strategic
regional plan, and at which regional interests are determined to clearly
override the interests of the municipality.
(4) The use or pledge of all or any portion of county gasoline tax funds
may not be made without the prior express written consent of the board of
county commissioners of each county located within the geographic
boundaries of the agency.
(5) The agency shall comply with all statutory requirements of general
application which relate to the Pilin of f any report or documentation required
by law, including the requirements of ss. 189.015, 189.016, 189.051, and
189.08.
(6) Notwithstanding subsection (3) or any other provision of law to the
contrary, the agency may not undertake any construction that is not
consistent with both the metropolitan planning organization's transporta-
tion improvement program and the county's comprehensive plan.
(7) The agency may finance or refinance the planning, design, acquisi-
tion, construction, extension, rehabilitation, equipping, preservation, main-
tenance, or improvement of a public transportation facility or transportation
facilities owned or operated by such county, an intermodal facility or
facilities, multimodal corridor or corridors, including, but not limited to,
bicycle facilities or greenways that will improve transportation services
within the county, or any programs or projects that will improve the levels of
service on an expressway system, subject to approval of the governing body
of the county after public hearing_
(8) The governing body of the county may enter into an interlocal
agreement with the agency pursuant to s. 163.01 for the joint performance or
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
performance by either governmental entity of any corporate function of the
county or agency necessary or appropriate to enable the agency to fulfill the
powers and purposes of this part and promote the efficient and effective
transportation of persons and goods in such county.
(9) The agency must have an annual financial audit conducted by an
independent certified public accountant licensed pursuant to chapter 473,
and the audit report must be made available on the agency's website.
348.0307 Greater Miami Toll Rebate Program.—There is created by the
agency the Greater Miami Toll Rebate Program.
(1) The agency shall develop and implement a monthly rebate program
for the month beginning January 1, 2020, subject to:
(a) Compliance with any covenants made with the holders of the
agency's bonds which are in the trust indentures or resolutions adopted
in connection with the issuance of the agency's bonds;
(b) Consideration of the financial feasibility of such a program as
reported by the Auditor General as required by this act; and
(c) Consideration of the impact of such a program to the financial
feasibility of prioritized projects that have been allocated funds for a project
development and an environmental study but are not contained in the 5 -year
work program on July 1, 2019.
(2) Monthly rebates shall be credited to the account of each SunPass
holder who incurs $12.50 or more in tolls on the expressway ystem each
month and whose SunPass is registered to a motor vehicle registered to an
address in the county.
(3) In developing its rebate program, the agency shall have a goal of
rebating 25 percent of tolls paid by eligible SunPass holders. Following
initiation of the program, the agency, once every 5 years, shall review the
amount of the toll rebate and may adjust the amount of the toll rebate.
(4) The agency may not impose additional requirements for receipt of the
toll rebate.
348.0308 Public-private partnership.—The Legislature declares that
there is a public need for the rapid construction of safe and efficient
transportation facilities for traveling within the state and that it is in the
public's interest to provide for public-private partnership agreements to
effectuate the construction of additional safe, convenient, and economical
transportation facilities.
(1) The agency may receive or solicit proposals and enter into agree-
ments with private entities, or consortia thereof, for the building, operation,
ownership, or financing of agency transportation facilities or new transpor-
tation facilities within the jurisdiction of the agency which increase
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transportation capacity. The agency may not sell or lease any transportation
facility owned by the agency without providing the analysis required in s.
334.30(6)(e)2. to the Legislative Budget Commission created pursuant to s.
11.90 for review and approval before awarding a contract on a lease of an
existing toll facility. The agency may adopt rules to implement this section
and shall, by rule, establish an application fee for the submission of
unsolicited proposals under this section. The fee must be sufficient to pay
the costs of evaluating the proposals. The agency may engage private
consultants to assist in the evaluation. Before approval, the agency must
determine that a proposed project:
(a) Is in the public's best interest.
(b) Would not require state funds to be used unless the project is on or
provides increased mobility on the State Highway System.
(c) Would have adequate safeguards to ensure that no additional costs or
service disruptions would be realized by the traveling public and residents of
the state in the event of default or the cancellation of the agreement by the
agency.
(d) Would have adequate safeguards in place to ensure that the
department, the agency, or the private entity has the opportunity to add
capacity to the proposed project and other transportation facilities serving
similar origins and destinations.
(e) Would be owned by the agency pon completion or termination of the
agreement.
(2) The agency shall ensure that all reasonable costs to the state which
are related to transportation facilities that are not part of the State Highway
System are borne by the private entity. The agency shall also ensure that all
reasonable costs to the state and substantially affected local governments
and utilities related to the private transportation facility are borne by the
private entity for transportation facilities that are owned by private entities.
For projects on the State Highway System, the department may use state
resources to participate in funding and financing the project as provided for
under the department's enabling legislation.
(3) The agency may request proposals for public-private transportation
projects or, if it receives an unsolicited proposal, it must publish a notice in
the Florida Administrative Register and a newspaper of general circulation
in the county in which it is located at least once a week for 2 weeks statin
that it has received the proposal and will accept, for 60 days after the initial
date of publication, other proposals for the same project purpose. A copy of
the notice must be mailed to each local government in the affected areas.
After the public notification period has expired, the agency shall rank the
proposals in order of preference. In ranking the proposals, the agency shall
consider professional qualifications, general business terms, innovative
engineering or cost -reduction terms, finance plans, and the need for state
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
funds to deliver the proposal. If the agency is not satisfied with the results of
the negotiations, it may, at its sole discretion, terminate negotiations with
the proposer. If these negotiations are unsuccessful, the agency may go to
the second and lower -ranked firms, in order, using the same procedure. If
only one proposal is received, the agency may negotiate in good faith, and if it
is not satisfied with the results, it may, at its sole discretion, terminate
negotiations with the proposer. The agency may., at its discretion, reject all
proposals at any point in the process up to completion of a contract with the
proposer.
(4) Agreements entered into pursuant to this section may authorize the
public-private entity to impose tolls or fares for the use of the facility.
However, the amount and use of toll or fare revenues shall be regulated by
the agency to avoid unreasonable costs to users of the facility.
(5) Each public-private transportation facility constructed pursuant to
this section shall comply with all requirements of federal, state, and local
laws; state, regional, and local comprehensive plans; the agency's rules,
policies, procedures, and standards for transportation facilities; and any
other conditions that the agency determines to be in the public's best
interest.
(6) The agency may exercise any power possessed by it, including
eminent domain, to facilitate the development and construction of trans-
portation projects pursuant to this section. The agency may pay all or part of
the cost of operating and maintaining the facility or may provide services to
the private entity for which it receives full or partial reimbursement for
services rendered.
(7) Except as herein provided, this section is not intended to amend
existing laws by granting additional powers to or further restricting the
governmental entities from regulating and entering into cooperative
arrangements with the private sector for the planning, construction, and
operation of transportation facilities.
348.0309 Bonds.=
(1) Bonds may be issued on behalf of the agency as provided by the State
Bond Act.
(2)(a) The agency may issue bonds pursuant to this part which do not
pledge the full faith and credit of the state in such principal amount as, in the
opinion of the agency, is necessary to provide sufficient moneys for achieving
its corporate purposes.
(b) The bonds of the agency issued pursuant to this part, whether on
original issuance or refunding, must be authorized by resolution of the
agency after approval of the issuance of the bonds at a public hearing and
may be either term or serial bonds, shall bear such date or dates, mature at
such time or times, bear interest at such rate or rates, be payable
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
semiannually, be in such denominations, be in such form, either coupon or
fully registered, shall carry such registration, exchangeability, and inter-
changeability privileges, be payable in such medium of payment and at such
place or places, be subject to such terms of redemption, and be entitled to
such priorities on the revenues, rates, fees, rentals, or other charges or
receipts of the agency, including any county gasoline tax funds received by
the agency_ pursuant to the terms of any interlocal or lease -purchase
agreement between the agency or a county, as such resolution or any
resolution subsequent thereto may provide. The bonds must be executed by
such officers as the agency determines under s. 279.06.
(c) Such bonds shall be sold by the agency at public sale by competitive
bid. However, if the agency, after receipt of a written recommendation from a
financial adviser, determines by official action after public hearing by a two-
thirds vote of all voting members of the agency that a negotiated sale of the
bonds is in the best interest of the agency, the agency may negotiate for sale
of the bonds with the underwriter or underwriters designated by the agency
and the county in which the agency exists. The agency shall provide specific
findings in a resolution as to the reasons requiring the negotiated sale,
which resolution shall incorporate and have attached thereto the written
recommendation of the financial adviser required by this subsection.
(d) Any such resolution or resolutions authorizing any bonds hereunder
which do not pledge the full faith and credit of the state may contain
provisions that are part of the contract with the holders of the bonds, as the
agency determines proper. In addition, the agency may enter into trust
indentures or other agreements with its fiscal agent, or with any bank or
trust company within or without the state, as security for such bonds, and
may, under the agreements, assign and pledge the revenues, rates, fees,
rentals, tolls, or other charges or receipts of the agency, including any county
gasoline tax funds received by the agency.
(e) Any of the bonds issued pursuant to this part are negotiable
instruments and have all the qualities and incidents of negotiable instru-
ments under the law merchant and the negotiable instruments law of the
state.
(f) Each project, building, or facility that has been or will be financed by
the issuance of bonds or other evidence of indebtedness and that does not
pledge the full faith and credit of the state under this part and any
refinancing thereof are subject to review and approval by the Legislative
Budget Commission.
348.0310 Department may be appointed agent of agency for construc-
tion.—The department may be appointed by the agency as its agent for the
purpose of constructing improvements and extensions to an expressway
system and for the completion thereof. In such event, the agency shall
provide the department with complete copies of all documents, agreements,
resolutions, contracts, and instruments relating thereto; shall request the
department to do such construction work, including the planning, surveying,
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and actual construction of the completion of and extensions and improve-
ments to the expressway system; and shall transfer to the credit of an
account of the department in the State Treasury the necessary funds
therefor. The department shall thereupon proceed with such construction
and use the funds for such purpose in the same manner as it is now
authorized to use the funds otherwise provided by law for its use in the
construction of roads and bridges.
348.0311 Acquisition of lands and property.—
(1) For the purposes of this act, the agency may acquire such rights, title,
or interest in private or public property and such property rights, including
easements, rights of access, air, view, and light, by gift, devise, purchase, or
condemnation by eminent domain proceedings, as the agency may deem
necessary for any of the purposes of this act, including, but not limited to,
any lands reasonably necessary for securing applicable permits, areas
necessary for management of access, borrow pits, drainage ditches, water
retention areas, rest areas, replacement access for landowners whose access
is impaired due to the construction of an expressway system, and replace-
ment rights-of-way for relocated rail and utility facilities; for existing,
proposed, or anticipated transportation facilities on the expresswasystem
or in a transportation corridor designated by the agency; or for the purposes
of screening, relocation, removal, or disposal of junkyards and scrap metal
processing facilities. The agency may also condemn any material and
property necessary for such purposes.
(2) The agency and its authorized agents, contractors, and employees are
authorized to enter upon any lands, waters, and premises, upon givipg
reasonable notice to the landowner, for the purpose of making surveys,
soundings, drillings, appraisals, environmental assessments including
phase I and phase II environmental surveys, archaeological assessments,
and such other examinations as are necessary for the acquisition of private
or public property and property rights, including rights of access, air, view,
and light, by gift, devise, purchase, or condemnation by eminent domain
proceedings or as are necessary for the agency to perform its duties and
functions, and any such entry shall not be deemed a trespass or an entry that
would constitute a taking in an eminent domain proceeding. The agency
shall make reimbursement for any actual damage to such lands, water, and
premises as a result of such activities. Any entry authorized by this
subsection shall be in compliance with the premises protections and
landowner liability provisions contained in s. 472.029.
(3) The right of eminent domain conferred by this act must be exercised
by the agency in the manner provided by law.
(4) When the agency acquires property for an expressway ystem or in a
transportation corridor as defined in s. 334.03, it is not subject to any
liability imposed by chapter 376 or chapter 403 for preexisting soil or
groundwater contamination due solely to its ownership. This subsection
does not affect the rights or liabilities of any past or future owners of the
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
acquired property, nor does it affect the liability of any governmental entity
for the results of its actions which create or exacerbate a pollution source.
The agency and the Department of Environmental Protection may enter into
interagency agreements for the performance, funding, and reimbursement
of the investigative and remedial acts necessary for property acquired by the
agency_
348.0312 Cooperation with other units, boards, agencies, and individu-
als.—Express authority and power is given and granted to any county,
municipality, drainage district, road and bridge district, school district, or
other political subdivision, board, commission, or individual in or of this
state to enter into contracts, leases, conveyances, or other agreements
within the provisions and purposes of this act with the agency. The agency
may enter into contracts, leases, conveyances, and other agreements, to the
extent consistent with chapters 334, 335, 338, and 339 and other provisions
of the laws of the state and with 23 U.S.C. ss. 101 et seq., with any political
subdivision, agency, or instrumentality of the state and any and all federal
agencies, corporations, and individuals for the purpose of carrying out the
provisions of this act.
348.0313 Covenant of the state.—The state does hereby pledge to, and
agrees with, any person, firm, corporation, or federal or state agency
subscribing to or acquiring the bonds to be issued by the agency for the
purposes of this act that the state will not limit or alter the rights hereby
vested in the agency and the department until all bonds at any time issued,
together with the interest thereon, are fully paid and discharged, insofar as
the same affects the rights of the holders of bonds issued hereunder. The
state does further pledge to, and agrees with, the United States that, in the
event any federal agency constructs, or contributes any funds for the
completion, extension, or improvement of, an expressway ystem or any part
or portion thereof, the state will not alter or limit the rights and powers of
the agency and the department in any manner which would be inconsistent
with the continued maintenance and operation of the expressway system or
the completion, extension, or improvement thereof or which would be
inconsistent with the due performance of any agreement between the agency
and any such federal agency, and the agency and the department shall
continue to have and may exercise all powers granted so long as the same
shall be necessary or desirable for carrying out the purposes of this act and
the purposes of the United States in the completion, extension, or
improvement of the expressway system or any part or portion thereof.
348.0314 Exemption from taxation.—The effectuation of the authorized
purposes of the agency is in all respects for the benefit of the people of the
state, for the increase of their commerce and prosperity, and for the
improvement of their health and living conditions. For this reason, the
agency is not required to pay any taxes or assessments of any kind or nature
whatsoever upon any property acquired by it or used by it for such purposes
or upon any revenues at any time received by it. The bonds issued by or on
behalf of the agency, their transfer, and the income therefrom, including any
profits made on the sale thereof, are exempt from taxation of any kind by the
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
state or by any political subdivision or other taxing agency or instrumen-
tality thereof. The exemption granted by this section does not apply to any
tax imposed under chapter 220 on interest, income, or profits on debt
obligations owned by corporations.
348.0315 Public accountability—
(1) The agency shall post the following information on its website:
(a) Audited financial statements and any interim financial reports.
(b) Board and committee meeting agendas, meeting packets, and
minutes.
(c) Bond covenants for any outstanding bond issues.
(d) Agency budgets.
(e) Agency contracts. For purposes of this paragraph, the term "contract"
means a written agreement or purchase order issued for the purchase of
goods or services or a written agreement for the receipt of state or federal
financial assistance.
(f) Agency expenditure data, which must include the name of the payee,
the date of the expenditure, and the amount of the expenditure. Such data
must be searchable by name of the payee, name of the paving agency, and
fiscal year and must be downloadable in a format that allows offline
analysis.
(g) Information relating to current, recently completed, and future
projects on agency facilities.
(2) Beginning October 1, 2020, and annually thereafter, the agency shall
submit to the metropolitan planning organization for the county a report
providing information regarding the amount of tolls collected and how those
tolls were used in the agency's previous fiscal year. The report shall be
posted on the agency's website.
348.0316 Eligibility for investments and security.—Any bonds or other
obligations issued pursuant to this part shall be and constitute legal
investments for banks, savings banks, trustees, executors, administrators,
and all other fiduciaries and for all state, municipal, and other public funds
and shall also be and constitute securities eligible for deposit as security for
all state, municipal, or other public funds, notwithstanding the provisions of
any other law or laws to the contrary.
348.0317 Pledges enforceable by bondholders.—It is the express inten-
tion of this part that any pledge by the department of rates, fees, revenues,
county gasoline tax funds, or other funds, as rentals, to the agency, or any
covenants or agreements relative thereto, may be enforceable in any court of
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
competent jurisdiction against the agency or directly against the depart-
ment by any holder of bonds issued by the agency.
348.0318 This part complete and additional authority.
(1) The powers conferred by this part are in addition and supplemental
to the existing powers of the department and the governing body of the
agency, and this part may not be construed as repealing any of the provisions
of any other law, general, special, or local, but to supersede such other laws
in the exercise of the powers provided in this part and to provide a complete
method for the exercise of the powers granted in this part. The extension and
improvement of the expresswasystem, and the issuance of bonds pursuant
to this part to finance all or part of the cost of the system, may be
accomplished upon compliance with the provisions of this part without
regard to or necessity for compliance with the provisions, limitations, or
restrictions contained in any othereg neral, special, or local law, including,
but not limited to, s. 215.821, and no approval of any bonds issued under this
part by the qualified electors or qualified electors who are freeholders in the
state or in Miami -Dade County, or in any other political subdivision of the
state, is required for the issuance of such bonds pursuant to this part,
including, but not limited to, s. 215.821.
(2) This part does not repeal, rescind, or modify any other law relating to
the State Board of Administration, the Department of Transportation, or the
Division of Bond Finance of the State Board of Administration, but
supersedes any law that is inconsistent with the provisions of this part,
including, but not limited to, s. 215.821.
Section 15. (1) Effective upon this act becoming a law, the governance
and control of the Miami -Dade County Expressway Authority is transferred
to the Greater Miami Expressway gency pursuant to the terms of this
section. The assets, facilities, tangible and intangible property and anX
rights in such property, and any other legal rights of the authority, including
the expressway system operated by the authority, are transferred to the
agency. The agency succeeds to all powers of the authority, and the
operations and maintenance of the expressway system shall be under the
control of the agency. Revenues collected on the expressway system shall be
considered agency revenues but shall be subject to the lien of the trust
indentures securing the Miami -Dade County Expressway Authority bonds.
The agency also assumes all liability for bonds of the authority pursuant to
subsection (2) and the satisfaction of any judgment against the authority
that may ultimately become due as a result of litigation commenced before
the effective date of this act. The agency shall, in consultation with the
Division of Bond Finance, review all other contracts, financial obligations,
and contractual relationships and liabilities of the authority, and the agency
may assume responsibility for the obligations that are determined to be
necessary or desirable for the continued operation of the expressway system.
Employees, officers, and members of the authority may not sell, dispose,
encumber, transfer, or expend the assets of the authority as existed and
reflected in the authority's financial statements for the fiscal year ended
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
June 30, 2018, other than in the ordinary course of business. For purposes of
this section, incurring debt or issuing bonds for projects contained in the 5 -
year work program approved and adopted by the authority on December 5,
2017, is not considered the ordinary course of business. Notwithstanding the
foregoing, nothing contained herein shall prevent the authority from
designing, planning, and constructing projects contained in the 5 -year
work program approved and adopted by the authority on December 5, 2017.
The S.R. 836/Dolphin Expressway Southwest Extension to 136th Street,
commonly referred to as the Kendall Parkway, shall be a top priority for
design, planning, and construction.
(2) The transfer pursuant to this section is subject to all terms and
covenants provided for the protection of the holders of the Miami -Dade
County Expressway Authority bonds in the trust indentures or resolutions
adopted in connection with the issuance of such bonds. Further, the transfer
does not impair the terms of the contract between the authority and the
bondholders, does not act to the detriment of the bondholders, and does not
diminish the security for the bonds. After the transfer, the agency shall
operate and maintain the expressway system and any other facilities of the
authority in accordance with the terms, conditions, and covenants contained
in the trust indentures or bond resolutions securing such bonds. The agency
shall collect toll revenues and apply them to the payment of debt service as
provided in the trust indentures or bond resolutions securing such bonds and
expressly assumes all obligations relating to the bonds to ensure that the
transfer of the authority will have no adverse impact on the security for the
bonds of the authority.
Section 16. Before October 1, 2019, the Auditor General shall submit a
report to the Governor, the President of the Senate, and the Speaker of the
House of Representatives assessing the financial situation of the Greater
Miami ExpresswayAgency., including its assets, liabilities, revenues,
operating expenses, and bonding capacity; the financial feasibility of the
toll rebate program established in s. 348.0307; and the financial feasibility of
a toll rate reduction. In determining the financial feasibility of a toll rate
reduction, the Auditor General may consult with the agency's bond counsel,
and such counsel shall have the opportunity to respond to such report.
Section 17. The Miami -Dade County Expressway Authority is hereby
dissolved.
Section 18. Section 348.635, Florida Statutes, is created to read:
348.635 Public-private partnership.—The Legislature declares that
there is a public need for the rapid construction of safe and efficient
transportation facilities for traveling within the state and that it is in the
public's interest to provide for public-private partnership agreements to
effectuate the construction of additional safe, convenient, and economical
transportation facilities.
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
(1) Notwithstanding any other provision of this part, the authority may
receive or solicit proposals and enter into agreements with private entities,
or consortia thereof, for the building, operation, ownership, or financing of
authority transportation facilities or new transportation facilities within the
jurisdiction of the authority which increase transportation capacity. The
authority may not sell or lease any transportation facility owned by the
authority without providing the analysis required in s. 334.30(6)(e)2. to the
Legislative Budget Commission created pursuant to s. 11.90 for review and
approval before awarding a contract on a lease of an existing toll facility. The
authority may adopt rules to implement this section and shall, by rule,
establish an application fee for the submission of unsolicited proposals under
this section. The fee must be sufficient to pay the costs of evaluating the
proposals. The authority may engage private consultants to assist in the
evaluation. Before approval, the authority must determine that a proposed
project:
(a) Is in the public's best interest.
(b) Would not require state funds to be used unless the project is on or
provides increased mobility on the State Highway System.
(c) Would have adequate safeguards to ensure that no additional costs or
service disruptions would be realized by the traveling public and residents of
the state in the event of default or the cancellation of the agreement by the
authority.
(d) Would have adequate safeguards in place to ensure that the
department, the authority., or the private entity has the opportunity to
add capacity to the proposed project and other transportation facilities
serving similar origins and destinations.
(e) Would be owned by the authority upon completion or termination of
the agreement.
(2) The authority shall ensure that all reasonable costs to the state which
are related to transportation facilities that are not part of the State Highway
System are borne by the private entity. The authority shall also ensure that
all reasonable costs to the state and substantially affected local governments
and utilities related to the private transportation facility are borne by the
private entity for transportation facilities that are owned by private entities.
For projects on the State Highway System, the department may use state
resources to participate in funding and financing the project as provided for
under the department's enabling legislation.
(3) The authority may request proposals for public-private transporta-
tion projects or, if it receives an unsolicited proposal, it must publish a notice
in the Florida Administrative Register and a newspaper of general
circulation in the county in which it is located at least once a week for 2
weeks stating that it has received the proposal and will accept, for 60 days
after the initial date of publication, other proposals for the same project
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
purpose. A coot/ of the notice must be mailed to each local government in the
affected areas. After the public notification period has expired, the authority
shall rank the proposals in order of preference. In ranking the proposals, the
authority shall consider professional qualifications, general business terms,
innovative engineering or cost -reduction terms, finance plans, and the need
for state funds to deliver the proposal. If the authority is not satisfied with
the results of the negotiations, it may, at its sole discretion, terminate
negotiations with the proposer. If these negotiations are unsuccessful, the
authority may go to the second and lower -ranked firms, in order, using the
same procedure. If only one proposal is received, the authority may negotiate
in good faith, and if it is not satisfied with the results, it may, at its sole
discretion, terminate negotiations with the proposer. The authority may, at
its discretion, reject all proposals at any point in the process up to completion
of a contract with the proposer.
(4) Agreements entered into pursuant to this section may authorize the
public-private entity to impose tolls or fares for the use of the facility.
However, the amount and use of toll or fare revenues shall be regulated by
the authority to avoid unreasonable costs to users of the facilites
(5) Each public-private transportation facility constructed pursuant to
this section shall comply with all requirements of federal, state, and local
laws; state, regional, and local comprehensive plans; the authority's rules,
policies, procedures, and standards for transportation facilities; and any
other conditions that the authority determines to be in the public's best
interest.
(6) The authority may exercise any power possessed by it, including
eminent domain, to facilitate the development and construction of trans-
portation projects pursuant to this section. The authority may pay all or part
of the cost of operating and maintaining the facility or may provide services
to the private entity for which it receives full or partial reimbursement for
services rendered.
(7) Except as herein provided, this section is not intended to amend
existing laws by granting additional powers to or further restricting the
governmental entities from regulating and entering into cooperative
arrangements with the private sector for the planning, construction, and
operation of transportation facilities.
Section 19. Section 348.7605, Florida Statutes, is created to read:
348.7605 Public-private partnership.—The Legislature declares that
there is a public need for the rapid construction of safe and efficient
transportation facilities for traveling within the state and that it is in the
public's interest to provide for public-private partnership agreements to
effectuate the construction of additional safe, convenient, and economical
transportation facilities.
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(1) Notwithstanding any other provision of this part, the authority may
receive or solicit proposals and enter into agreements with private entities,
or consortia thereof, for the building, operation, ownership, or financing of
authority transportation facilities or new transportation facilities within the
jurisdiction of the authority which increase transportation capacity. The
authority may not sell or lease any transportation facility owned by the
authority without providing the analysis required in s. 334.30(6)(e)2. to the
Legislative Budget Commission created pursuant to s. 11.90 for review and
approval before awarding a contract on a lease of an existing toll facility. The
authority may adopt rules to implement this section and shall, by rule,
establish an application fee for the submission of unsolicited proposals under
this section. The fee must be sufficient to pay the costs of evaluating the
proposals. The authority may engage private consultants to assist in the
evaluation. Before approval, the authority must determine that a proposed
project:
(a) Is in the public's best interest.
(b) Would not require state funds to be used unless the project is on or
provides increased mobility on the State Highway System.
(c) Would have adequate safeguards to ensure that no additional costs or
service disruptions would be realized by the traveling public and residents of
the state in the event of default or the cancellation of the agreement by the
authority.
(d) Would have adequate safeguards in place to ensure that the
department, the authority., or the private entity has the opportunity to
add capacity to the proposed project and other transportation facilities
serving similar origins and destinations.
(e) Would be owned by the authority upon completion or termination of
the agreement.
(2) The authority shall ensure that all reasonable costs to the state which
are related to transportation facilities that are not part of the State Highway
System are borne by the private entity. The authority shall also ensure that
all reasonable costs to the state and substantially affected local governments
and utilities related to the private transportation facility are borne by the
private entity for transportation facilities that are owned by private entities.
For projects on the State Highway System, the department may use state
resources to participate in funding and financing the project as provided for
under the department's enabling legislation.
(3) The authority may request proposals for public-private transporta-
tion projects or, if it receives an unsolicited proposal, it must publish a notice
in the Florida Administrative Register and a newspaper of general
circulation in the county in which it is located at least once a week for 2
weeks stating that it has received the proposal and will accept, for 60 days
after the initial date of publication, other proposals for the same project
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
purpose. A coot/ of the notice must be mailed to each local government in the
affected areas. After the public notification period has expired, the authority
shall rank the proposals in order of preference. In ranking the proposals, the
authority shall consider professional qualifications, general business terms,
innovative engineering or cost -reduction terms, finance plans, and the need
for state funds to deliver the proposal. If the authority is not satisfied with
the results of the negotiations, it may, at its sole discretion, terminate
negotiations with the proposer. If these negotiations are unsuccessful, the
authority may go to the second and lower -ranked firms, in order, using the
same procedure. If only one proposal is received, the authority may negotiate
in good faith, and if it is not satisfied with the results, it may, at its sole
discretion, terminate negotiations with the proposer. The authority may, at
its discretion, reject all proposals at any point in the process up to completion
of a contract with the proposer.
(4) Agreements entered into pursuant to this section may authorize the
public-private entity to impose tolls or fares for the use of the facility.
However, the amount and use of toll or fare revenues shall be regulated by
the authority to avoid unreasonable costs to users of the facility.
(5) Each public-private transportation facility constructed pursuant to
this section shall comply with all requirements of federal, state, and local
laws; state, regional, and local comprehensive plans; the authority's rules,
policies, procedures, and standards for transportation facilities; and any
other conditions that the authority determines to be in the public's best
interest.
(6) The authority may exercise any power possessed by it, including
eminent domain, to facilitate the development and construction of trans-
portation projects pursuant to this section. The authority may pay all or part
of the cost of operating and maintaining the facility or may provide services
to the private entity for which it receives full or partial reimbursement for
services rendered.
(7) Except as herein provided, this section is not intended to amend
existing laws by_granting additional powers to or further restricting the
governmental entities from regulating and entering into cooperative
arrangements with the private sector for the planning, construction, and
operation of transportation facilities.
Section 20. Pursuant to section 20 of chapter 2014-171, Laws of Florida,
part V of chapter 348, Florida Statutes, consisting of sections 348.9950,
348.9951, 348.9952, 348.9953, 348.9954, 348.9956, 348.9957, 348.9958,
348.9959, 348.9960, and 348.9961, is repealed.
Section 21. Transportation facility designations; Department of Trans-
portation to erect suitable markers. -
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(1) That portion of I-75 (26260000) between mile markers 399 and 404 in
Alachua County is designated as the "Sergeant William T. Bishop Memorial
Highway."
(2) That portion of I-10 (27090000) between mile markers 327 and 332 in
Baker County is designated as the "Trooper Sherman L. Scott, Jr., Memorial
Highway."
(3) That portion of Babcock Street (70012000) between Malabar Road
and Palm Bay Road in Brevard County is designated as the "Trooper Joseph
Sawtell, Jr., Memorial Highway."
(4) That portion of U.S. 1 (70030000) between E. Main Street and
Parrish Road in Brevard County is designated as the "Trooper Halley
Strickland Memorial Highway."
(5) That portion of I-95 (86070000) between the N.E. 48th Street
overpass and S.W. 10th Street in Broward County is designated as the
"Trooper Phillip Black and Corporal Donald Irwin Memorial Highway."
(6) That portion of I-75 (03175000) between mile markers 100 and 102 in
Collier County is designated as the "Trooper Lindell J. Gibbons Memorial
Highway."
(7) That portion of I-75 (29180000) between mile markers 418 and 423 in
Columbia County is designated as the "Sergeant George A. Brown, III,
Memorial Highway."
(8) That portion of U.S. 19 (30010000) between C.R. 351A and S.W.
307th Avenue in Dixie County is designated as the "Patrolman Royston E.
Walker Memorial Highway."
(9) That portion of U.S. 90 (72010000) between Yellow Water Road and
Log Road in Duval County is designated as the "Trooper Robert P.
McDermon Memorial Highway."
(10) That portion of U.S. 301 (72140000) between U.S. 90 and Summer
Field Lane in Duval County is designated as the "Trooper Edwin J. Gasque
Memorial Highway."
(11) That portion of U.S. 29/S.R. 95 (48040000) between Neal Road and
Nine Mile Road in Escambia County is designated as the "Trooper Milan D.
Hendrix Memorial Highway
(12) The interchange on I-10 (55320023) at U.S. 90/S.R. 10/Mahan Drive
in Leon County is designated as the "Trooper William `Bill' H. Domer
Memorial Interchange."
(13) That portion of U.S. 41 (13121000) between Tallevast Road in
Manatee County and the Sarasota County line is designated as the
"Sergeant John C. Baxter, Jr., Memorial Highway
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
(14) That portion of I-75 (36210000) between mile markers 340 and 344
in Marion County is designated as the "Trooper Chelsea Richard Memorial
Highway."
(15) That portion of U.S. 1/S.R. 5 (87020000) between the Homestead
Extension of Florida's Turnpike/S.R. 821 and S.W. 216th Street in Miami -
Dade County is designated as the "Trooper Luther P. Daniel Memorial
Highway
(16) That portion of the Homestead Extension of Florida's Turnpike/S.R.
821 (87471000) between mile markers 13 and 16 in Miami -Dade County is
designated as the "Trooper Alvin V. Kohler Memorial Highway."
(17) That portion of S.R. 836 (87200000) between N.W. 12th Avenue and
N.W. 27th Avenue in Miami -Dade County is designated as the "Trooper
Bradley S. Glascock Memorial Highway
(18) That portion of S.R. 836 (87200000) between N.W. 42nd Avenue and
N.W. 72nd Avenue in Miami -Dade County is designated as the "Trooper
Elmer C. Barnett Memorial Highway."
(19) The interchange at I-195 and S.R. 907/Alton Road in Miami -Dade
County is designated as the "Trooper Owen K. Bender Memorial Inter-
change."
(20) That portion of U.S. 441 between Landstreet Road and Taft
Vineland Road in Orange County is designated as the "Trooper Richard
Howell Memorial Highway
(21) That portion of S.R. 91/Florida's Turnpike (93470000) between mile
markers 100 and 105 in Palm Beach County is designated as the "Troopers
Herman T. Morris and Frederick J. Groves, Jr., Memorial Highway."
(22) That portion of I-4 (16320000) between mile markers 36 and 44 in
Polk County is designated as the "Trooper John C. Hagerty Memorial
Highway."
(23) That portion of W. 1st Street (77030000) between French Avenue
and S. Mellonville Avenue in Seminole County is designated as the
"Patrolman Leroy Bender Memorial Highway."
(24) That portion of I-95 (78080000) between mile markers 332 and 327
in St. Johns County is designated as the "Trooper Wilburn A. Kelly
Memorial Highway."
(25) That portion of U.S. 1 (78010000) between S.R. 207 and the
Matanzas River in St. Johns County is designated as the "Troopers Merle
J. Cook, Robert L. Pruitt, and Cleo L. Tomlinson, Jr., Memorial Highway
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
(26) That portion of I-75 (12075000) between mile markers 130 and 133
in Lee County is designated as the "Lieutenant Daniel Hinton Memorial
Highway."
(27) That portion of N. Century Boulevard/U.S. 29 (48060000) between
Cox Road and Sigler Road in Escambia County is designated as the "Maceo
Perkins Parkway
(28) Upon completion of construction, the interchange at the Homestead
Extension of Florida's Turnpike/S.R. 821 and N.W. 170th Street in Miami -
Dade County is designated as the "Countyline Parkway."
(29) The intersection of S.W. 8th Street and S.W. 14th Avenue in Miami -
Dade County is designated as the "Manuel A. Gonzalez Plaza."
(30) That portion of S.R. AlA between Bridge Road and Fountain Street
in Miami -Dade County is designated as the "Robert L. Shevin Way."
(3 1) That portion of S.W. 1st Avenue/S.R. 968 between 21st Avenue and
20th Avenue in Miami -Dade County is designated as the "Jorge P. Castano
Way."
(32) Upon completion of construction, the interchange at I-95 and S.R.
200 in Nassau County is designated as the "Fallen Hero Specialist Kelly J.
Mixon Interchange."
(33) That portion of U.S. 19/S.R. 57 between Capps in Jefferson County
and the northern Jefferson County line is designated as the "Sheriff David C.
Hobbs Memorial Highway."
(34) The bridge on U.S. Highway 98 over the Econfina River in Taylor
County is designated as "SSGT Edward C. Sheffield Memorial Bridge."
(35) That portion of the Coast to Coast Connector in Brevard County is
designated as the "Kurt Eichin Memorial Trail."
(36) That portion of South Street between U.S. 1 and S.R. 50 in Brevard
County is designated as "Martin Luther King, Jr., Boulevard."
(37) That portion of I-75 (Alligator Alley) in Broward County between
mile markers 23 and 27 is designated as the "Sergeant Steven G. Greco
Memorial Highway
(38) That portion of N.W. 53rd Street between Hiatus Road and N.W.
103rd Avenue in Broward County is designated as "Edith Lederberg Lane."
(39) That portion of 37th Avenue between N.W. 11th Street and N.W.
2nd Street in Miami -Dade County is designated as "Florence Hecht Lane."
(40) That portion of S.R. 535 between S.R. 526 in Orange County and the
Osceola County line is designated as "Robert L. `Bob' Billingslea Highway
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Ch. 2019-169 LAWS OF FLORIDA Ch. 2019-169
(41) The Department of Transportation is directed to erect suitable
markers designating the transportation facilities as described in this
section.
Section 22. Except as otherwise expressly provided in this act and except
for this section, which shall take effect upon this act becoming a law, this act
shall take effect July 1, 2019.
Approved by the Governor July 3, 2019.
Filed in Office Secretary of State July 3, 2019.
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