Florida 2024 2024 Regular Session

Florida House Bill H1487 Comm Sub / Bill

Filed 01/25/2024

                       
 
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A bill to be entitled 1 
An act relating to Pinellas Suncoast Transit 2 
Authority, Pinellas County; amending chapter 2000 -424, 3 
Laws of Florida, as amended; revising the definition 4 
of the term "public transit"; revising membership of 5 
the governing body of the authority; revising powers 6 
of the authority; establishing requirements for 7 
advertising placed on authority property; providing 8 
for best budget practices; establishing procedures for 9 
lane elimination and changes in roadway use or 10 
functionality; prohibiting certain offices, boards, 11 
employees, or other actors whose purpose is to 12 
eliminate or reallocate public lanes; requiring 13 
semiannual reporting of certain provisions to the 14 
Pinellas Board of County Commissioners; specifying 15 
severability; providing an effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1.  Subsection (6) of section 2, paragraph (a) of 20 
subsection (2) of section 3, and section 4 of secti on 2 of 21 
chapter 2000-424, Laws of Florida, as amended by chapters 2002 -22 
341 and 2006-327, Laws of Florida, are amended, and sections 14 23 
through 18 are added to section 2 of that chapter, to read: 24 
 Section 2.  Definitions. —As used in this act, unless the 25     
 
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content clearly indicates otherwise, the following terms shall 26 
have the meanings set forth below: 27 
 (6)  "Public transit" means transportation of passengers 28 
for hire by means, without limitation, of a street railway, 29 
elevated railway, subway, motor vehicle, bus, or other means of 30 
conveyance operating as a common carrier within the public 31 
transit area as provided, and charter service originating 32 
therein. 33 
 Section 3.  Pinellas Suncoast Transit Authority; status and 34 
governing body.— 35 
 (2)(a)  The governing body of the authority shall consist 36 
of 11 15 members, serving and selected as provided in this 37 
paragraph. 38 
 1.  Four members shall be appointed by the Pinellas County 39 
Board of County Commissioners from their membership. 40 
 2.  One member shall be appointed by the City Council of 41 
the City of St. Petersburg from their membership. 42 
 3.  One member shall be appointed by the City Council of 43 
the City of Clearwater from their membership. 44 
 4.  Two members shall be appointed by the municipal 45 
governing bodies of Tarpon Sprin gs, Safety Harbor, Oldsmar, 46 
Dunedin, Belleair, Belleair Beach, and Belleair Bluffs on a 47 
rotating basis. The order of rotation shall be determined by 48 
population size in descending order. 49 
 5.  Two members shall be appointed by the municipal 50     
 
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governing bodies of Largo, Seminole, South Pasadena, Gulfport, 51 
Kenneth City, and Pinellas Park on a rotating basis. The order 52 
of rotation shall be determined by population size in descending 53 
order. 54 
 6.  One member shall be appointed by the municipal 55 
governing bodies of Bel leair Shore, Indian Rocks Beach, Indian 56 
Shores, North Redington Beach, Redington Beach, Redington 57 
Shores, Madeira Beach, Treasure Island, and St. Pete Beach on a 58 
rotating basis. The order of rotation shall be determined by 59 
population size in descending ord er. 60 
 1.  One member shall be appointed by the City Council of 61 
the City of Clearwater from its membership. 62 
 2.  One member shall be appointed by the City Commission of 63 
the City of Dunedin from its membership. 64 
 3.  One member shall be appointed by the City Commission of 65 
the City of Largo from its membership. 66 
 4.  One member shall be appointed by the City Council of 67 
the City of Pinellas Park from its membership. 68 
 5.  Two members shall be appointed by the City Council of 69 
the City of St. Petersburg from its mem bership. 70 
 6.  One member shall be appointed by the combined municipal 71 
governing bodies of the Cities of Oldsmar, Safety Harbor, and 72 
Tarpon Springs from their membership. 73 
 7.  One member shall be appointed by the combined municipal 74 
governing bodies of the C ities of Belleair, Belleair Bluffs, 75     
 
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Gulfport, Kenneth City, Seminole, and South Pasadena from their 76 
membership. 77 
 8.  One member shall be appointed by the combined municipal 78 
governing bodies of the Cities of Belleair Beach, Belleair 79 
Shores, Indian Rocks Bea ch, Indian Shores, Madeira Beach, North 80 
Redington Beach, Redington Beach, Redington Shores, St. Pete 81 
Beach, and Treasure Island from their membership. 82 
 9.  Four members shall be appointed by the Pinellas County 83 
Commission from its membership. 84 
 10.  One member shall be appointed by the Pinellas County 85 
Commission, and this member may not be an elected official. 86 
 11.  One member shall be appointed by the City Council of 87 
the City of St. Petersburg, and this member may not be an 88 
elected official. 89 
 Section 4.  Purposes and powers. — 90 
 (1)  The authority created and established by the 91 
provisions of this act is hereby granted and shall have the 92 
right and power to purchase, own, and/or operate transit 93 
facilities;, to contract for transit services ;, to exercise 94 
power of eminent domain if approved by a two -thirds vote of the 95 
Pinellas Suncoast Transit Authority Board in a public meeting 96 
with a 30-day public notice and shall be reported to the 97 
Pinellas Board of County Commissioners semiannually in public 98 
meetings with a 30-day public notice;, to conduct studies;, and 99 
to contract with other governmental agencies, private companies, 100     
 
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and individuals. 101 
 (2)  The authority is hereby granted, and shall have and 102 
may exercise all powers necessary, appurtenant, convenient, or 103 
incidental to the carrying out of the aforesaid purposes, 104 
including, but not limited to, the following rights and powers: 105 
 (a)  To sue and be sued, implead and be impleaded, and 106 
complain and defend in all courts. 107 
 (b)  To adopt, use, and alter at will a corporat e seal. 108 
 (c)  To acquire, purchase, hold, lease as a lessee, and use 109 
any franchise, property, real, personal, or mixed, tangible or 110 
intangible, or any interest therein, necessary or desirable for 111 
carrying out the purposes of the authority, and to sell, lea se 112 
as lessor, transfer, and dispose of any property or interest 113 
therein at any time acquired by it. Any sale, lease, or transfer 114 
of any property or interest shall be upon competitive bid except 115 
that the authority may sell, lease, or transfer any real 116 
property or interest therein to another governmental entity 117 
without competitive bid and may sell, lease, or transfer surplus 118 
personal property, tangible or intangible, in accordance with 119 
chapter 274, Florida Statutes. 120 
 (d)  To fix, alter, charge, and establish rates, fares, and 121 
other charges for the services and facilities of the Pinellas 122 
Suncoast Transit System, which rates, fees, and charges shall be 123 
equitable and just and sufficient to meet the operating 124 
requirements of the system along with other revenue th at may be 125     
 
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available. 126 
 (e)  To regulate other operators of public transit in the 127 
Pinellas Suncoast Transit Area as to franchises, permits, fares, 128 
and other charges to establish rules and regulations pertaining 129 
to these matters for distribution to the operat ors and public 130 
transit facilities in said area. 131 
 (e)(f) To make contracts of every name and nature and to 132 
execute all instruments necessary or convenient for the carrying 133 
on of its business. 134 
 (f)(g) To enter into management contracts with any person 135 
or persons for the management of a transit system owned or 136 
controlled by the authority for such period or periods of time, 137 
and under such compensation and other terms and conditions as 138 
shall be deemed advisable by the authority. 139 
 (g)(h) Without limitation, to borrow money and accept 140 
gifts or grants or loans of money or other property and to enter 141 
into contracts, leases, or other transactions with any federal 142 
agency, the state, any agency of the state, the County of 143 
Pinellas, or with any other public body of th e state. 144 
 (h)(i) To do all acts and things necessary or convenient 145 
for the conduct of its business and the general welfare of the 146 
authority in order to carry out the powers granted to it by this 147 
part or any other law. 148 
 (i)(j) To prescribe and promulgate rules and regulations 149 
as it deems necessary for the purposes of this act. 150     
 
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 Section 14.  Window coverings and advertisements. — 151 
 (1)  Any new window covering or advertisement must adhere 152 
to requirements provided in section 316.2954, Florida Statutes. 153 
 (2)  The authority shall not engage in any non -paid 154 
advertising, promotion, or messaging on their assets; however, 155 
this subsection does not apply to any acknowledgement of 156 
veterans as defined in section 1.01, Florida Statutes, or any 157 
acknowledgement of a holid ay listed in section 110.117, Florida 158 
Statutes. 159 
 Section 15.  Best budget practices. —The authority must 160 
abide by the best budgetary guidelines as outlined by, but not 161 
limited to, the Florida Government Finance Officers Association 162 
and the Government Fina nce Officers Association. 163 
 Section 16.  Lane elimination, lane repurposing, lane diet, 164 
or bus lane allocation requests, recommendations, or 165 
applications.— 166 
 (1)  Any lane elimination, lane repurposing, lane diet, or 167 
bus lane allocation request, recommenda tion, or application 168 
relating to a public transit project or any change in the 169 
current use or functionality of a roadway must be approved by a 170 
two-thirds vote of the Pinellas Suncoast Transit Authority Board 171 
in a public meeting with a 30 -day public notice and then 172 
presented to the Pinellas Board of County Commissioners prior to 173 
a final two-thirds vote of the Pinellas Suncoast Transit 174 
Authority. 175     
 
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 (2)  The authority shall not have a lane elimination, lane 176 
repurposing, lane diet, or bus lane allocation office, board, 177 
employee, or any other actor whose purpose is to eliminate, 178 
reallocate, or repurpose public lanes for the usage of the 179 
authority. 180 
 (3)  This section does not apply to any local or 181 
municipally owned roadway. 182 
 (4)  This section shall include any new service of any 183 
design or name that would include plans for lane elimination, 184 
lane repurposing, lane diet, or bus lane allocation calling for 185 
the loss of an existing lane of a vehicular roadway to bus only 186 
use or Business Access and Transit (BAT) lanes. 187 
 Section 17.  Semiannual reporting. — 188 
 (1)  The Pinellas Suncoast Transit Authority shall 189 
semiannually report the following to the Pinellas Board of 190 
County Commissioners: 191 
 (a)  Any gifts accepted in exchange for contracts. 192 
 (b)  Any contract over $500,000. 193 
 (c)  Any sale, lease, or transfer of any property or 194 
interest over $500,000. 195 
 (d)  Ridership performance and metrics. 196 
 (2)  The Pinellas Board of County Commissioners may call 197 
for in-person presentations of these reports at a minimum of 198 
once a year. 199 
 Section 18.  Severability clause. — 200     
 
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 (1)  This act is not intended, nor may it be construed, to 201 
conflict with existing, relevant state or federal law. 202 
 (2)  If any provision of this act or its application to any 203 
person or circumstances is held invalid, the inv alidity does not 204 
affect other provisions or applications of this act which can be 205 
given effect without the invalid provision or application, and 206 
to this end the provisions of this act are severable. 207 
 Section 2.  This act shall take effect July 1, 2024. 208