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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Transportation; 2
amending s. 206.46, F.S.; increasing the maximum 3
amount of debt service coverage that may be 4
transferred from the State Transportation Trust Fund 5
to the Right-of-Way Acquisition and Bridge 6
Construction Trust Fund; amending s. 215.616, F.S., 7
increasing the maximum term of state bonds for federal 8
aid highway construction; amending s. 288.9606, F.S.; 9
authorizing Florida Development Finance Corporation 10
revenue bonds to finance acquisition or construction 11
of certain transportation facilities; amending s. 12
311.101, F.S.; authorizing the department to provide 13
up to 100 percent of project costs for certain 14
eligible projects in rural areas of opportunity; 15
amending s. 316.0777, F.S.; defining the term "law 16
enforcement agency"; authorizing installation of an 17
automated license plate recognition system within the 18
right-of-way of a road on the State Highway System for 19
a specified purpose; prohibiting use of such system 20
for certain purposes; requiring such installation to 21
be in accordance with placement and installation 22
guidelines developed by the department; requiring 23
removal of such system within a specified timeframe 24
upon notification by the department; exempting the 25
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department from liability for damages resulting from 26
operation of such system; providing for a maximum 27
period of retention of certain records generated 28
through the use of such system; amending s. 330.27, 29
F.S.; revising the definition of the term "temporary 30
airport"; amending s. 330.30, F.S.; requiring certain 31
documentation to be submitted to the Department of 32
Transportation for temporary airport site approval and 33
temporary airport registration; requiring a temporary 34
airport to obtain registration before operation of 35
aircraft to or from the airport; prohibiting the 36
department from requiring that an applicant for 37
airport site approval provide a written memorandum of 38
understanding or letter of agreement with other 39
airport sites except under specified circumstances; 40
requiring the department to publish certain notic e of 41
receipt of a temporary airport registration 42
application; specifying the period during which such 43
application may be approved or denied; requiring the 44
department to issue registration concurrent with site 45
approval; providing that certain registrations are 46
considered approved under specified conditions; 47
requiring written notice to the department's agency 48
clerk before an applicant takes action based on such 49
default registration; removing a condition for 50
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licensure or registration as a temporary airport; 51
prohibiting approval of subsequent registration 52
applications under certain circumstances; revising an 53
exemption from certain provisions for an airport used 54
for aerial application or spraying of crops; amending 55
s. 332.007, F.S.; authorizing the department, su bject 56
to the availability of appropriated funds, to fund up 57
to 100 percent of eligible project costs of certain 58
projects at specified publicly owned, publicly 59
operated airports with no scheduled commercial 60
service; providing prioritization criteria; provid ing 61
for allocation of any remaining funds; amending s. 62
334.044, F.S.; authorizing the department to purchase 63
certain promotional items; authorizing the department 64
to expend funds for certain training, testing, and 65
licensing; amending s. 337.025, F.S.; revi sing the 66
annual cap for contracts awarded for specified 67
purposes; deleting the exemption from such cap for 68
low-bid design-build milling and resurfacing 69
contracts; amending s. 337.11, F.S.; revising the 70
amount of construction and maintenance contracts the 71
department may enter into without advertising and 72
receiving competitive bids; revising requirements for 73
design-build contracts; authorizing the department to 74
enter into phased design -build contracts under certain 75
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circumstances; providing requirements for ph ased 76
design-build contracts; requiring the department to 77
adopt rules for administering phased design -build 78
contracts; amending s. 339.175, F.S.; abolishing the 79
Chairs Coordinating Committee; requiring metropolitan 80
planning organizations serving specified c ounties to 81
submit a certain feasibility report by a specified 82
date, with certain goals; amending s. 341.052, F.S.; 83
requiring public transit block grant program providers 84
to establish plans consistent with certain long -range 85
transportation plans; amending s . 341.071, F.S.; 86
revising requirements for public transit provider 87
reports and publication thereof; transferring control 88
of the Santa Rosa Bay Bridge Authority to the 89
department; transferring all remaining assets, rights, 90
powers, and duties of the authorit y to the department; 91
authorizing the department to transfer all or a 92
portion of the bridge system to the turnpike system; 93
repealing part IV of ch. 348, F.S., relating to the 94
creation and operation of the Santa Rosa Bay Bridge 95
Authority; reestablishing the Greater Miami Expressway 96
Agency; amending s. 348.0301, F.S.; revising a short 97
title; repealing s. 348.0302, F.S., relating to 98
applicability; amending s. 348.0303, F.S.; deleting 99
the term "county"; revising the definition of the term 100
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"expressway system"; de fining the term "Miami -Dade 101
County Expressway Authority"; creating s. 348.03031, 102
F.S.; providing legislative findings and intent; 103
amending s. 348.0304, F.S.; revising the area served 104
by the agency to include specified portions of Monroe 105
County; revising requirements for membership of the 106
agency's governing body; revising requirements for 107
initial appointments; amending s. 348.0306, F.S.; 108
authorizing, rather than requiring, the agency to 109
construct expressways; conforming provisions to 110
changes made by the act; amending s. 348.0309, F.S.; 111
conforming a provision to changes made by the act; 112
amending s. 348.0315, F.S.; revising the date by 113
which, and the entities to which, the agency must 114
begin submitting certain annual reports relating to 115
tolls; amending s. 348.03 18, F.S.; conforming a 116
provision to changes made by the act; amending s. 117
189.072, F.S.; providing applicability; providing a 118
directive to the Division of Law Revision; providing 119
an effective date. 120
121
Be It Enacted by the Legislature of the State of Flori da: 122
123
Section 1. Subsection (2) of section 206.46, Florida 124
Statutes, is amended to read: 125
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206.46 State Transportation Trust Fund. — 126
(2) Notwithstanding any other law, from the revenues 127
deposited into the State Transportation Trust Fund a maximum of 128
7 percent in each fiscal year shall be transferred into the 129
Right-of-Way Acquisition and Bridge Construction Trust Fund 130
created in s. 215.605, as needed to meet the requirements of the 131
documents authorizing the bonds issued or proposed to be issued 132
under ss. 215.605 and 337.276 or at a minimum amount sufficient 133
to pay for the debt service coverage requirements of outstanding 134
bonds. Notwithstanding the 7 percent annual transfer authorized 135
in this subsection, the annual amount transferred under this 136
subsection may not exceed an amount necessary to provide the 137
required debt service coverage levels for a maximum debt service 138
not to exceed $425 $350 million. Such transfer shall be payable 139
primarily from the motor and diesel fuel taxes transferred to 140
the State Transportation Trust Fund from the Fuel Tax Collection 141
Trust Fund. 142
Section 2. Subsection (3) of section 215.616, Florida 143
Statutes, is amended to read: 144
215.616 State bonds for federal aid highway construction. — 145
(3) The term of the bonds may shall not exceed a term of 146
18 12 years. Before Prior to the issuance of bonds, the 147
Department of Transportation must shall determine that annual 148
debt service on all bonds issued pursuant to this section does 149
not exceed 10 percent of annual apportionments to the departm ent 150
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for federal highway aid in accordance with the provisions of 151
Title 23 of the United States Code. 152
Section 3. Subsection (6) of section 288.9606, Florida 153
Statutes, is amended, and paragraph (d) is added to subsection 154
(7) of that section, to read: 155
288.9606 Issue of revenue bonds. — 156
(6) The proceeds of any bonds of the corporation may not 157
be used, in any manner, to acquire any building or facility that 158
will be, during the pendency of the financing, used by, occupied 159
by, leased to, or paid for by any state, county, or municipal 160
agency or entity. This subsection does not prohibit the use of 161
proceeds of bonds of the corporation for the purpose of 162
financing the acquisition or construction of a transportation 163
facility under a public -private partnership agr eement authorized 164
by s. 334.30. 165
(7) Notwithstanding any provision of this section, the 166
corporation in its corporate capacity may, without authorization 167
from a public agency under s. 163.01(7), issue revenue bonds or 168
other evidence of indebtedness under t his section to: 169
(d) Finance the costs of acquisition or construction of a 170
transportation facility by a private entity or consortium of 171
private entities under a public -private partnership agreement 172
authorized by s. 334.30. 173
Section 4. Subsection (6) of section 311.101, Florida 174
Statutes, is amended to read: 175
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311.101 Intermodal Logistics Center Infrastructure Support 176
Program.— 177
(6) The department shall provide up to 50 percent of 178
project costs for eligible projects. For eligible projects in 179
rural areas of opportunity designated in accordance with s. 180
288.0656(7)(a), the department may provide up to 100 percent of 181
project costs. 182
Section 5. Subsections (2), (3), and (4) of section 183
316.0777, Florida Statutes, are renumbered as subsections (3), 184
(4), and (5), respectively, and a new subsection (2) is added to 185
that section to read: 186
316.0777 Automated license plate recognition systems; 187
installation within rights -of-way of State Highway System; 188
public records exemption. — 189
(2)(a) As used in this subsection, the term "law 190
enforcement agency" means an agency that has a primary mission 191
of preventing and detecting crime and enforcing state penal, 192
criminal, traffic, and motor vehicle laws and, in furtherance of 193
that mission, employs law enforcement officers as def ined in s. 194
943.10(1). 195
(b) At the discretion of the Department of Transportation, 196
an automated license plate recognition system may be installed 197
within the right-of-way, as defined in s. 334.03(21), of a road 198
on the State Highway System when installed at the request of a 199
law enforcement agency for the purpose of collecting active 200
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criminal intelligence information or active criminal 201
investigative information as defined in s. 119.011(3). An 202
automated license plate recognition system may not be used to 203
issue a notice of violation for a traffic infraction or a 204
uniform traffic citation. Such installation must be in 205
accordance with placement and installation guidelines developed 206
by the Department of Transportation. An automated license plate 207
recognition system mu st be removed within 30 days after the 208
Department of Transportation notifies the requesting law 209
enforcement agency that such removal must occur. 210
(c) Installation and removal of an automated license plate 211
recognition system are at the sole expense of the requesting law 212
enforcement agency. The Department of Transportation is not 213
liable for any damages caused to any person by the requesting 214
law enforcement agency's operation of such system. 215
(d) Records containing images and data generated through 216
the use of an automated license plate recognition system may not 217
be retained longer than the maximum period provided in the 218
retention schedule established pursuant to s. 316.0778. 219
Section 6. Subsection (7) of section 330.27, Florida 220
Statutes, is amended to read : 221
330.27 Definitions, when used in ss. 330.29 -330.39.— 222
(7) "Temporary airport" means an any airport at which 223
flight operations are conducted under visual flight rules 224
established by the Federal Aviation Administration and which is 225
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that will be used for a period of less than 30 consecutive days 226
with no more than 10 operations per day. 227
Section 7. Subsection (1), paragraphs (a) and (c) of 228
subsection (2), and paragraph (e) of subsection (3) of section 229
330.30, Florida Statutes, are amended to read: 230
330.30 Approval of airport sites; registration and 231
licensure of airports. — 232
(1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 233
REVOCATION.— 234
(a) Except as provided in subsection (3), the owner or 235
lessee of a any proposed airport shall, before prior to site 236
acquisition or construction or establishment of the proposed 237
airport, obtain approval of the airport site from the 238
department. Applications for approval of a site shall be made in 239
a form and manner prescribed by the department. The department 240
shall grant the site approval if it is satisfied: 241
1. That the site has adequate area allocated for the 242
airport as proposed. 243
2. That the proposed airport will conform to licensing or 244
registration requirements and will comply with the applicable 245
local government lan d development regulations or zoning 246
requirements. 247
3. That all affected airports, local governments, and 248
property owners have been notified and any comments submitted by 249
them have been given adequate consideration. 250
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4. That safe air-traffic patterns can be established for 251
the proposed airport with all existing airports and approved 252
airport sites in its vicinity. 253
(b) Site approval shall be granted for a public airport 254
airports only after a favorable department inspection of the 255
proposed site. 256
(c) Site approval shall be granted for a private airport 257
airports only after receipt of documentation in a form and 258
manner the department deems necessary to satisfy the conditions 259
in paragraph (a). 260
(d) Site approval shall be granted for a temporary airport 261
only after receipt of documentation in a form and manner the 262
department deems necessary to satisfy the conditions in 263
paragraph (a). Such documentation must be included with the 264
application for a temporary airport registration. 265
(e) For the purpose of granting site approval, the 266
department may not require an applicant to provide a written 267
memorandum of understanding or letter of agreement with other 268
airport sites regarding air traffic pattern separation 269
procedures unless such memorandum or letter is required by the 270
Federal Aviation Administration or is deemed necessary by the 271
department. 272
(f)(d) Site approval may be granted subject to any 273
reasonable conditions the department deems necessary to protect 274
the public health, safety, or welfare. 275
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(g)(e) Approval as a public airport or a private airport 276
shall remain valid for 2 years after the date of issue , unless 277
revoked by the department or unless a public airport license is 278
issued or a private airport registration is completed pursuant 279
to subsection (2) before prior to the expiration date. 280
(h)(f) The department may extend a public airport or 281
private airport site approval for subsequent periods of 2 years 282
per extension for good cause. 283
(i)(g) The department may revoke an airport a site 284
approval if it determines: 285
1. That the site has been abandoned as an airport site; 286
2. That the site has not been developed as an airport 287
within a reasonable time period or development does not comply 288
with the conditions of the site approval; 289
3. That, except as required for in-flight emergencies, 290
aircraft have operated on the site; or 291
4. That the site is no longer usable for aviation purposes 292
due to physical or legal changes in conditions that were the 293
subject of the approval granted. 294
(2) LICENSES AND REGISTRATIONS; REQUI REMENTS, RENEWAL, 295
REVOCATION.— 296
(a) Except as provided in subsection (3), the owner or 297
lessee of an any airport in this state shall have either a 298
public airport license , or private airport registration , or 299
temporary airport registration before prior to the operation of 300
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aircraft to or from the airport facility. Application for a 301
license or registration shall be made in a form and manner 302
prescribed by the department. Upon granting site approval: 303
1. For a public airport, upon granting site approval, the 304
department shall issue a license after a final airport 305
inspection finds the airport facility to be in compliance with 306
all requirements for the license. The license may be subject to 307
any reasonable conditions that the department deems may deem 308
necessary to protect the public health, safety, or welfare. 309
2. For a private airport, upon granting site approval, the 310
department shall provide controlled electronic access to the 311
state aviation facility data system to permit the applicant to 312
complete the registration p rocess. Registration shall be 313
completed upon self-certification by the registrant of 314
operational and configuration data deemed necessary by the 315
department. 316
3. For a temporary airport, the department must publish 317
notice of receipt of a completed registrat ion application in the 318
next available publication of the Florida Administrative 319
Register and may not approve a registration application less 320
than 14 days after the date of publication of the notice. The 321
department must approve or deny a registration applic ation 322
within 30 days after receipt of a completed application and must 323
issue the temporary airport registration concurrent with the 324
airport site approval. A completed registration application that 325
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is not approved or denied within 30 days after the departme nt 326
receives the completed application is considered approved and 327
shall be issued, subject to such reasonable conditions as are 328
authorized by law. An applicant seeking to claim registration by 329
default under this subparagraph must notify the agency clerk of 330
the department, in writing, of the intent to rely upon the 331
default registration provision of this subparagraph and may not 332
take any action based upon the default registration until after 333
receipt of such notice by the agency clerk. 334
(c) The department may license a public airport or a 335
private airport may register as a temporary airport provided 336
that the airport will not endanger the public health, safety, or 337
welfare and the airport meets the temporary airport requirements 338
established by the department. A temporary airport license or 339
registration shall be valid for less than 30 days and is not 340
renewable. The department may not approve a subsequent temporary 341
airport registration application for the same general location 342
if the purpose or effect is to evade oth erwise applicable 343
airport permitting or licensure requirements. 344
(3) EXEMPTIONS.—The provisions of this section do not 345
apply to: 346
(e) An airport which meets the criteria of s. 330.27(7) 347
used exclusively for aerial application or spraying of crops on 348
a seasonal basis, not to include any licensed airport where 349
permanent crop aerial application or spraying facilities are 350
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installed, if the period of operation does not exceed 30 days 351
per calendar year and the frequency of operations does not 352
exceed 10 operations per day. Such proposed airports, which will 353
be located within 3 miles of existing airports or approved 354
airport sites, shall establish safe air -traffic patterns with 355
such existing airports or approved airport sites, by memorandums 356
of understanding, or by letters of agreement between the parties 357
representing the airports or sites. 358
Section 8. Subsection (10) is added to section 332.007, 359
Florida Statutes, to read: 360
332.007 Administration and financing of aviation and 361
airport programs and projects; state plan.— 362
(10) Subject to the availability of appropriated funds, 363
and unless otherwise provided in the General Appropriations Act 364
or the substantive bill implementing the General Appropriations 365
Act, the department may fund up to 100 percent of eligible 366
project costs of all of the following at a publicly owned, 367
publicly operated airport located in a rural community as 368
defined in s. 288.0656 which does not have any scheduled 369
commercial service: 370
(a) The capital cost of runway and taxiway projects that 371
add capacity. Such projects must be prioritized based on the 372
amount of available nonstate matching funds. 373
(b) Economic development transportation projects pursuant 374
to s. 339.2821. 375
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376
Any remaining funds must be allocated for projects specified in 377
subsection (6). 378
Section 9. Subsection (5) of section 334.044, Florida 379
Statutes, is amended, and subsection (36) is added to that 380
section, to read: 381
334.044 Powers and duties of the department. —The 382
department shall have the following general powers and duties: 383
(5) To purchase, lease, or otherwise acquire property and 384
materials, including the purchase of promotional items as part 385
of public information and education campaigns for the promotion 386
of scenic highways, traffic and train safety awareness, 387
alternatives to single-occupant vehicle travel, and commercial 388
motor vehicle safety , electric vehicle use and charging 389
stations, autonomous vehicles, and context design for electric 390
vehicles and autonomous vehicles ; to purchase, lease, or 391
otherwise acquire equipment and supp lies; and to sell, exchange, 392
or otherwise dispose of any property that is no longer needed by 393
the department. 394
(36) To expend funds, within its discretion, for training, 395
testing, and licensing for full -time employees of the department 396
who are required to have a valid Class A or Class B commercial 397
driver license as a condition of employment with the department. 398
Section 10. Section 337.025, Florida Statutes, is amended 399
to read: 400
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337.025 Innovative transportation projects; department to 401
establish program.— 402
(1) The department may establish a program for 403
transportation projects demonstrating innovative techniques of 404
highway and bridge design, construction, maintenance, and 405
finance which have the intended effect of measuring resiliency 406
and structural integ rity and controlling time and cost increases 407
on construction projects. Such techniques may include, but are 408
not limited to, state -of-the-art technology for pavement, 409
safety, and other aspects of highway and bridge design, 410
construction, and maintenance; inn ovative bidding and financing 411
techniques; accelerated construction procedures; and those 412
techniques that have the potential to reduce project life cycle 413
costs. To the maximum extent practical, the department must use 414
the existing process to award and admin ister construction and 415
maintenance contracts. When specific innovative techniques are 416
to be used, the department is not required to adhere to those 417
provisions of law that would prevent, preclude, or in any way 418
prohibit the department from using the innovat ive technique. 419
However, before using an innovative technique that is 420
inconsistent with another provision of law, the department must 421
document in writing the need for the exception and identify what 422
benefits the traveling public and the affected community a re 423
anticipated to receive. The department may enter into no more 424
than $200 $120 million in contracts awarded annually for the 425
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purposes authorized by this section. 426
(2) The annual cap on contracts provided in subsection (1) 427
does not apply to: 428
(a) turnpike enterprise projects. 429
(b) Low-bid design-build milling and resurfacing 430
contracts. 431
Section 11. Paragraph (c) of subsection (6) and subsection 432
(7) of section 337.11, Florida Statutes, are amended to read: 433
337.11 Contracting authority of department; bids; 434
emergency repairs, supplemental agreements, and change orders; 435
combined design and construction contracts; progress payments; 436
records; requirements of vehicle registration. — 437
(6) 438
(c) When the department determines that it is in the best 439
interest of the public for reasons of public concern, economy, 440
improved operations, or safety, and only when circumstances 441
dictate rapid completion of the work, the department may, up to 442
the amount of $500,000 $250,000, enter into contracts for 443
construction and maintenance without advertising and receiving 444
competitive bids. The department may enter into such contracts 445
only upon a determination that the work is necessary for one of 446
the following reasons: 447
1. To ensure timely completion of projects or avoidance of 448
undue delay for other projects; 449
2. To accomplish minor repairs or construction and 450
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maintenance activities for which time is of the essence and for 451
which significant cost savings would occu r; or 452
3. To accomplish nonemergency work necessary to ensure 453
avoidance of adverse conditions that affect the safe and 454
efficient flow of traffic. 455
456
The department shall make a good faith effort to obtain two or 457
more quotes, if available, from qualified con tractors before 458
entering into any contract. The department shall give 459
consideration to disadvantaged business enterprise 460
participation. However, when the work exists within the limits 461
of an existing contract, the department shall make a good faith 462
effort to negotiate and enter into a contract with the prime 463
contractor on the existing contract. 464
(7)(a) If the department determines that it is in the best 465
interests of the public, the department may combine the design 466
and construction phases of a building, a major bridge, a limited 467
access facility, or a rail corridor project into a single 468
contract. Such contract is referred to as a design -build 469
contract. 470
(b) If the department determines that it is in the best 471
interests of the public, the department may combin e the design 472
and construction phases of a project fully funded in the work 473
program into a single contract and select the design -build firm 474
in the early stages of a project to ensure that the design -build 475
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firm is part of the collaboration and development of the design 476
as part of a step-by-step progression through construction. Such 477
a contract is referred to as a phased design -build contract. For 478
phased design-build contracts, selection and award must include 479
a two-phase process. For phase one, the department shall 480
competitively award the contract to a design -build firm based 481
upon qualifications. For phase two, the design -build firm shall 482
competitively bid construction trade subcontractor packages and, 483
based upon these bids, negotiate with the department a fix ed 484
firm price or guaranteed maximum price that meets the project 485
budget and scope as advertised in the request for 486
qualifications. 487
(c) Design-build contracts and phased design-build 488
contracts may be advertised and awarded notwithstanding the 489
requirements of paragraph (3)(c). However, construction 490
activities may not begin on any portion of such projects for 491
which the department has not yet obtained title to the necessary 492
rights-of-way and easements for the construction of that portion 493
of the project has ve sted in the state or a local governmental 494
entity and all railroad crossing and utility agreements have 495
been executed. Title to rights -of-way shall be deemed to have 496
vested in the state when the title has been dedicated to the 497
public or acquired by prescrip tion. 498
(d)(b) The department shall adopt by rule procedures for 499
administering design -build and phased design-build contracts. 500
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Such procedures shall include, but not be limited to: 501
1. Prequalification requirements. 502
2. Public announcement procedures. 503
3. Scope of service requirements. 504
4. Letters of interest requirements. 505
5. Short-listing criteria and procedures. 506
6. Bid proposal requirements. 507
7. Technical review committee. 508
8. Selection and award processes. 509
9. Stipend requirements. 510
(e)(c) The department must receive at least three letters 511
of interest in order to proceed with a request for proposals. 512
The department shall request proposals from no fewer than three 513
of the design-build firms submitting letters of interest. If a 514
design-build firm withdraws from consideration after the 515
department requests proposals, the department may continue if at 516
least two proposals are received. 517
Section 12. Paragraph (i) of subsection (6) of section 518
339.175, Florida Statutes, is amended to read: 519
339.175 Metropolitan planning organization. — 520
(6) POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 521
privileges, and authority of an M.P.O. are those specified in 522
this section or incorporated in an interlocal agreement 523
authorized under s. 163.01. Each M.P.O. shall p erform all acts 524
required by federal or state laws or rules, now and subsequently 525
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applicable, which are necessary to qualify for federal aid. It 526
is the intent of this section that each M.P.O. shall be involved 527
in the planning and programming of transportati on facilities, 528
including, but not limited to, airports, intercity and high -529
speed rail lines, seaports, and intermodal facilities, to the 530
extent permitted by state or federal law. 531
(i) By December 31, 2023, There is created the Chairs 532
Coordinating Committe e, composed of the M.P.O.'s serving Citrus, 533
Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 534
Sarasota Counties must submit to the Governor, the President of 535
the Senate, and the Speaker of the House of Representatives a 536
feasibility report exploring the benefits, costs, and process of 537
consolidation into a single M.P.O. serving the contiguous 538
urbanized area, the goal of which is to . The committee must, at 539
a minimum: 540
1. Coordinate transportation projects deemed to be 541
regionally significant by the committee. 542
2. Review the impact of regionally significant land use 543
decisions on the region. 544
3. Review all proposed regionally significant 545
transportation projects in the respective transportation 546
improvement programs which affect more than one of the M.P.O.'s 547
represented on the committee . 548
4. Institute a conflict resolution process to address any 549
conflict that may arise in the planning and programming of such 550
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regionally significant projects. 551
Section 13. Subsection (1) of section 341.052, Florida 552
Statutes, is amended to read: 553
341.052 Public transit block grant program; 554
administration; eligible projects; limitation. — 555
(1) There is created a public transit block grant program 556
which shall be administered by the department. Block grant funds 557
shall only be provided to "Section 9" providers and "Section 18" 558
providers designated by the United States Department of 559
Transportation and community transportation coordinators as 560
defined in chapter 427. Eligible providers must establish public 561
transportation development plans consistent, to the maximum 562
extent feasible, with approved local government comprehensive 563
plans of the units of local government in which the provider is 564
located and the long-range transportation plans of the 565
metropolitan planning or ganization in which the provider is 566
located. In developing public transportation development plans, 567
eligible providers must solicit comments from local workforce 568
development boards established under chapter 445. The 569
development plans must address how the p ublic transit provider 570
will work with the appropriate local workforce development board 571
to provide services to participants in the welfare transition 572
program. Eligible providers must provide information to the 573
local workforce development board serving the county in which 574
the provider is located regarding the availability of 575
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transportation services to assist program participants. 576
Section 14. Subsections (2) and (3) of section 341.071, 577
Florida Statutes, are amended to read: 578
341.071 Transit productivity and performance measures; 579
reports.— 580
(2) Each public transit provider shall establish 581
productivity and performance measures, which must be approved by 582
the department and which must be selected from measures 583
developed pursuant to s. 341.041(3). Each provid er shall, by 584
January 31 of each year, report to the department relative to 585
these measures. In approving these measures, the department 586
shall give consideration to the goals and objectives of each 587
system, the needs of the local area, and the role for public 588
transit in the local area. The report shall include the also 589
specifically address potential enhancements to productivity and 590
performance which would have the effect of increasing farebox 591
recovery ratio. 592
(3) Each public transit provider shall publish on its 593
website in the local newspaper of its area the productivity and 594
performance measures established for the year and a report which 595
provides quantitative data relative to the attainment of 596
established productivity and performance measures. 597
Section 15. (1) Effective upon this act becoming a law, 598
the governance and control of the Santa Rosa Bay Bridge 599
Authority is transferred to the Department of Transportation. 600
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(2) The authority's bridge system transferred to the 601
department under the terms of the lea se-purchase agreement 602
between the department and the authority, effective as of the 603
close of business on June 30, 2022. Any remaining assets, 604
facilities, tangible and intangible property, and any rights in 605
such property, and any other legal rights of the a uthority, are 606
transferred to the department. The department succeeds to all 607
powers of the authority. The department may review other 608
contracts, financial obligations, and contractual obligations 609
and liabilities of the authority and may assume legal liabili ty 610
for such obligations that are determined by the department to be 611
necessary for the continued operation of the bridge system. 612
(3) The bridge system, or any portion thereof, may be 613
transferred by the department and become part of the turnpike 614
system under the Florida Turnpike Enterprise Law. 615
Section 16. Effective upon this act becoming a law, part 616
IV of chapter 348, Florida Statutes, consisting of sections 617
348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 618
348.972, 348.973, 348.974, 348.97 51, 348.9761, 348.9771, and 619
348.9781, is repealed. 620
Section 17. Effective upon this act becoming a law, the 621
Greater Miami Expressway Agency created by chapter 2019 -169, 622
Laws of Florida, is reestablished subject to the revised powers 623
and duties set forth herein. 624
Section 18. Effective upon this act becoming a law, 625
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section 348.0301, Florida Statutes, is amended to read: 626
348.0301 Short title. —This part may be cited as the 627
"Greater Miami Expressway Agency Act of 2023." 628
Section 19. Effective upon this act becoming a law, 629
section 348.0302, Florida Statutes, is repealed. 630
Section 20. Effective upon this act becoming a law, 631
subsections (5) through (11) of section 348.0303, Florida 632
Statutes, are renumbered as subsections (4) through (10), 633
respectively, present subsections (4) and (9) are amended, and a 634
new subsection (11) is added to that section, to read: 635
348.0303 Definitions. —As used in the this part, the term: 636
(4) "County" means a county as defined in s. 125.011(1). 637
(8)(9) "Expressway system" means any and all expressways 638
not owned by the department which fall within the geographic 639
boundaries of the agency established pursuant to this act and 640
appurtenant facilities thereto, including but not limited to, 641
all approaches, roads, bridges, and avenues of access for such 642
expressway. The term includes a public transportation facility. 643
(11) "Miami-Dade County Expressway Authority" means the 644
state agency previously existing and originally established 645
under the Florida Expressway A uthority Act and subsequently 646
dissolved by the Greater Miami Expressway Agency Act. 647
Section 21. Effective upon this act becoming a law, 648
section 348.03031, Florida Statutes, is created to read: 649
348.03031 Legislative findings, intent, and declaration. — 650
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(1) The Legislature finds the need to clarify the legal 651
status, ownership, and control of the roads that constitute the 652
expressway system in Miami -Dade County and portions of northeast 653
Monroe County, following Miami -Dade County's attempt to abolish 654
the Greater Miami Expressway Agency in Miami -Dade Ordinance 21- 655
35 (May 4, 2021). 656
(2) The Legislature recognizes that the original 657
expressway system previously operated by the former Miami -Dade 658
County Expressway Authority is owned by the department. The 659
transfer agreement dated December 10, 1996, entered into by the 660
department and the former Miami -Dade County Expressway 661
Authority, transferred only operational and financial control of 662
the expressways owned by the department. 663
(3) The Legislature recognizes th e Miami-Dade County 664
Expressway Authority was dissolved by chapter 2019 -169, Laws of 665
Florida, and all assets, employees, contracts, rights, and 666
liabilities were purportedly transferred to the Greater Miami 667
Expressway Agency. All assets, employees, contracts , rights, and 668
liabilities previously owned or controlled by the former Miami -669
Dade County Expressway Authority, including, without limitation, 670
those previously transferred to the Greater Miami Expressway 671
Agency, are transferred back to the reestablished Gre ater Miami 672
Expressway Agency created in s. 348.0304 on the effective date 673
of this act. 674
(4) It is the intent of the Legislature to confirm that 675
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the Greater Miami Expressway Agency that was created by chapter 676
2019-169, Laws of Florida, is hereby reestablis hed. The Greater 677
Miami Expressway Agency is the state agency that shall govern 678
the expressway system within the geographical boundaries of 679
Miami-Dade County and the portion of northeast Monroe County 680
which includes County Road 94 and the portion of Monroe County 681
bounded on the north and east by the borders of Monroe County 682
and on the south and west by County Road 94. It is further the 683
express intent of the Legislature that the Greater Miami 684
Expressway Agency created by this law is an agency of the state 685
and not subject to any county's home rule powers. 686
Section 22. Effective upon this act becoming a law, 687
subsection (1) and paragraphs (a) and (b) of subsection (2) of 688
section 348.0304, Florida Statutes, are amended to read: 689
348.0304 Greater Miami Expressw ay Agency.— 690
(1) There is hereby created and established a body politic 691
and corporate, an agency of the state, to be known as the 692
"Greater Miami Expressway Agency." The agency shall serve the 693
area within the geographical boundaries of Miami -Dade County and 694
the portion of northeast Monroe County including County Road 94 695
and the portion of Monroe County bounded on the north and east 696
by the borders of Monroe County and on the south and west by 697
County Road 94. 698
(2)(a) The governing body of the agency shall co nsist of 699
nine voting members. Except for the district secretary of the 700
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department, each member must be a permanent resident of a the 701
county served by the agency and may not hold, or have held in 702
the previous 2 years, elected or appointed office in such the 703
county, except that this provision does not apply to any initial 704
appointment under paragraph (b) or to any member who previously 705
served on the governing body of the former Greater Miami 706
Expressway Agency. Each member may only serve two terms of 4 707
years each, except that there is no restriction on the term of 708
the department's district secretary . Four members shall be 709
appointed by the Governor, one of whom must be a member of the 710
metropolitan planning organization for Miami-Dade the County. 711
Two members, who must be residents of an unincorporated portion 712
of the geographic area described in subsection (1) and residing 713
within 15 miles of an area with the highest amount of agency 714
toll roads, shall be appointed by the board of county 715
commissioners of Miami -Dade County residing within 15 miles of 716
an area with the highest amount of agency toll roads, shall be 717
appointed by the board of county commissioners of the county . 718
Two members, who must be residents of incorporated 719
municipalities within a county served by the ag ency, shall be 720
appointed by the metropolitan planning organization for a county 721
served by the agency the county, shall be appointed by the 722
metropolitan planning organization for the county . The district 723
secretary of the department serving in the district t hat 724
contains Miami-Dade the County shall serve as an ex officio 725
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voting member of the governing body. 726
(b) Initial appointments to the governing body of the 727
agency shall be made by July 31, 2019. For the initial 728
appointments: 729
1. The Governor shall appoin t one member for a term of 1 730
year, one member for a term of 2 years, one member for a term of 731
3 years, and one member for a term of 4 years. 732
2. The board of county commissioners of Miami-Dade County 733
shall appoint one member for a term of 1 year and one m ember for 734
a term of 3 years. 735
3. The metropolitan planning organization of Miami-Dade 736
County shall appoint one member for a term of 2 years and one 737
member for a term of 4 years. 738
Section 23. Effective upon this act becoming a law, 739
paragraph (b) of subs ection (1), paragraph (f) of subsection 740
(2), and subsections (6) and (8) of section 348.0306, Florida 741
Statutes, are amended to read: 742
348.0306 Purposes and powers. — 743
(1) 744
(b) The agency, in the construction of an expressway 745
system, may shall construct expressways. Construction of an 746
expressway system may be completed in segments, phases, or 747
stages in a manner that will permit the expansion of these 748
segments, phases, or stages to the desired expressway 749
configuration. The agency, in the constru ction of an expressway 750
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system, may construct any extensions of, additions to, or 751
improvements to the expressway system or appurtenant facilities, 752
including all necessary approaches, roads, bridges, and avenues 753
of access, with such changes, modifications, o r revisions of the 754
project that are deemed desirable and proper. For new capacity 755
projects, the agency shall use the department's design standards 756
and, to the maximum extent practicable, design facilities such 757
as the department would for high -speed limited access 758
facilities. The agency may only add additional expressways to an 759
expressway system, under the terms and conditions set forth in 760
this act, with the prior express written consent of the board of 761
county commissioners of Miami-Dade the County or Monroe County, 762
as applicable, and only if such additional expressways lack 763
adequate committed funding for implementation, are financially 764
feasible, and are compatible with the existing plans, projects, 765
and programs of the agency. 766
(2) The agency may exercise al l powers necessary, 767
appurtenant, convenient, or incidental to the carrying out of 768
its purposes, including, but not limited to, the following 769
rights and powers: 770
(f) To borrow money, make and issue negotiable notes, 771
bonds, refund bonds, and other evidence of indebtedness of the 772
agency, which bonds or other evidence of indebtedness may be 773
issued pursuant to the State Bond Act or, in the alternative, 774
pursuant to s. 348.0309(2) to finance or refinance additions, 775
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extensions, or improvements to the expressway sy stem within the 776
geographic boundaries of the agency, and to provide for the 777
security of the bonds or other evidence of indebtedness and the 778
rights and remedies of the holders of the bonds or other 779
evidence of indebtedness. Any bonds or other evidence of 780
indebtedness pledging the full faith and credit of the state may 781
only be issued pursuant to the State Bond Act. 782
1. The agency shall reimburse the counties county in which 783
it exists for any sums expended from any county gasoline tax 784
funds used for payment o f such obligations. Any county gasoline 785
tax funds so disbursed shall be repaid in accordance with the 786
terms of any lease-purchase or interlocal agreement with any 787
county or the department together with interest, at the rate 788
agreed to in such agreement. In no event shall any county 789
gasoline tax funds be more than a secondary pledge of revenues 790
for repayment of any obligations issued pursuant to this part. 791
2. The agency may refund any bonds previously issued, to 792
the extent allowable by federal tax laws, to finance or 793
refinance an expressway system located within the geographic 794
boundaries of the agency regardless of whether the bonds being 795
refunded were issued by such agency, an agency of the state, or 796
a county. 797
(6) Notwithstanding subsection (3) or any oth er provision 798
of law to the contrary, the agency may not undertake any 799
construction that is not consistent with both the metropolitan 800
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planning organization's transportation improvement program and 801
the county's comprehensive plan in an area served by the age ncy. 802
(8) The governing body of a the county served by the 803
agency may enter into an interlocal agreement with the agency 804
pursuant to s. 163.01 for the joint performance or performance 805
by either governmental entity of any corporate function of the 806
county or agency necessary or appropriate to enable the agency 807
to fulfill the powers and purposes of this part and promote the 808
efficient and effective transportation of persons and goods in 809
such county. 810
Section 24. Effective upon this act becoming a law, 811
paragraph (c) of subsection (2) of section 348.0309, Florida 812
Statutes, is amended to read: 813
348.0309 Bonds.— 814
(2) 815
(c) Such bonds shall be sold by the agency at public sale 816
by competitive bid. However, if the agency, after receipt of a 817
written recommendation from a financial adviser, determines by 818
official action after public hearing by a two -thirds vote of all 819
voting members of the agency that a negotiated sale of the bonds 820
is in the best interest of the agency, the agency may negotiate 821
for sale of the bonds with the underwriter or underwriters 822
designated by the agency and the counties county in which the 823
agency exists. The agency shall provide specific findings in a 824
resolution as to the reasons requiring the negotiated sale, 825
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which resolution shall incorporate and have attached thereto the 826
written recommendation of the financial adviser requir ed by this 827
subsection. 828
Section 25. Effective upon this act becoming a law, 829
subsection (2) of section 348.0315, Florida Statutes, is amended 830
to read: 831
348.0315 Public accountability. — 832
(2) Beginning October 1, 2024 2020, and annually 833
thereafter, the agency shall submit to the metropolitan planning 834
organization for each the county served by the agency a report 835
providing information regarding the amount of tolls collected 836
and how those tolls were used in the agency's previous fiscal 837
year. The report shal l be posted on the agency's website. 838
Section 26. Effective upon this act becoming a law, 839
subsection (1) of section 348.0318, Florida Statutes, is amended 840
to read: 841
348.0318 This part complete and additional authority. — 842
(1) The powers conferred by th is part are in addition and 843
supplemental to the existing powers of the department and the 844
governing body of the agency, and this part may not be construed 845
as repealing any of the provisions of any other law, general, 846
special, or local, but to supersede suc h other laws in the 847
exercise of the powers provided in this part and to provide a 848
complete method for the exercise of the powers granted in this 849
part. The extension and improvement of the expressway system, 850
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and the issuance of bonds pursuant to this part t o finance all 851
or part of the cost of the system, may be accomplished upon 852
compliance with the provisions of this part without regard to or 853
necessity for compliance with the provisions, limitations, or 854
restrictions contained in any other general, special, o r local 855
law, including, but not limited to, s. 215.821, and no approval 856
of any bonds issued under this part by the qualified electors or 857
qualified electors who are freeholders in the state or in Miami -858
Dade County, in Monroe County, or in any other politica l 859
subdivision of the state, is required for the issuance of such 860
bonds pursuant to this part, including, but not limited to, s. 861
215.821. 862
Section 27. Effective upon this act becoming a law, 863
subsection (5) is added to section 189.072, Florida Statutes, t o 864
read: 865
189.072 Dissolution of an independent special district. —866
(5) The provisions of this section do not apply to any 867
entity created pursuant to the Florida Expressway Authority Act, 868
derived from chapter 90 -136, Laws of Florida, and subsequently 869
repealed by chapter 2019-169, Laws of Florida. 870
Section 28. The Division of Law Revision is directed to 871
replace the phrase "the effective date of this act" wherever it 872
occurs in this act with the date this act becomes a law. 873
Section 29. Except as otherwi se expressly provided in this 874
act and except for this section, which shall take effect upon 875
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this act becoming a law, this act shall take effect July 1, 876
2023. 877