Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (April 1, 2021)

Summary

Meeting packet of the Tourism, Infrastructure & Energy Subcommittee for Thursday, April 1, 2021, 12:30 PM to 2:30 PM, with an agenda listing PCS for HB 271 (Power-driven Vessel Safety Requirements), PCS for HB 1029 (Purple Heart Recipient Parking Spaces) and other bills with their sponsors. The staff analysis of PCS for HB 271 says the bill requires an FWC-approved boating safety education course to cover the risks of a passenger placing an appendage over the outside edge of a vessel underway and the proper use of an engine cutoff switch. It states the bill provides an effective date of July 1, 2021. The packet ends with the text of HB 6011, which includes a sales tax distribution reporting section.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (April 1, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-04-01-3103-tourism-infrastructure-energy-subcommittee-meeting-pac-fa86f527a8/, SHA-256 3c09a00431816225262e0c8d5f9c4711616f8b2f8eba8e3006eacb9bc18627f1.

Full text

Tourism, Infrastructure & Energy
Subcommittee

Thursday, April 1, 2021
12:30 PM - 2:30 PM
Sumner Hall (404 HOB)

Meeting Packet

Chris Sprowls Brad Drake
Speaker Chair
The Florida House of Representatives
Commerce Committee
Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls Brad Drake
Speaker Chair

AGENDA

Thursday, April 1, 2021
12:30 PM - 2:30 PM
Sumner Hall (404 HOB)

I. Call to Order & Roll Call

II. Welcoming Remarks

III. Consideration of the following proposed committee substitute(s):

PCS for HB 271 -- Power-driven Vessel Safety Requirements

PCS for HB 1029 -- Purple Heart Recipient Parking Spaces

IV. Consideration of the following bill(s):

HB 389 by Rep. Mariano
Tampa Bay Area Regional Transit Authority

HB 501 by Rep. Duran
Specialty License Plates

HB 599 by Rep. Robinson, F.
Specialty License Plates

HB 1283 by Rep. Beltran
Tampa-Hillsborough County Expressway Authority

HB 1289 by Rep. McFarland
Autonomous Vehicles

HB 1385 by Rep. LaMarca
Department of Transportation

303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4873 Fax: (850) 413-0419
Page2

HB 1463 by Rep. LaMarca
Department of Economic Opportunity

HB 1589 by Rep. Mooney
City of Key West, Monroe County

HB 1633 by Rep. Drake
Okaloosa Gas District, Okaloosa, Santa Rosa, and Walton Counties

HB 6011 by Rep. Beltran
Professional Sports Facilities

V. Adjournment
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Tourism, Infrastructure & Energy Subcommittee

Start Date and Time: Thursday, April 01, 2021 12:30 pm
End Date and Time: Thursday, April 01, 2021 02:30 pm
Location: Sumner Hall ( 404 HOB)
Duration: 2.00 hrs

Consideration of the following proposed committee substitute{s):

PCS for HB 271 -- Power-driven Vessel Safety Requirements
PCS for HB 1029 -- Purple Heart Recipient Parking Spaces

Consideration of the following bill(s):

HB 389 Tampa Bay Area Regional Transit Authority by Mariano
HB 501 Specialty License Plates by Duran
HB 599 Specialty License Plates by Robinson, F.
HB 1283 Tampa-Hillsborough County Expressway Authority by Beltran
HB 1289 Autonomous Vehicles by McFarland
HB 1385 Department of Transportation by LaMarca
HB 1463 Department of Economic Opportunity by LaMarca
HB 1589 City of Key West, Monroe County by Mooney
HB 1633 Okaloosa Gas District, Okaloosa, Santa Rosa, and Walton Counties by Drake
HB 6011 Professional Sports Facilities by Beltran

This meeting will be live-streamed on https://thefloridachannel.org/. Persons who wish to attend must
register at www.myfloridahouse.gov, and pick up a pass at the Legislative Welcome Center on the 4th Floor
of the Capitol beginning one hour before the start of the meeting. Audience seating will be socially
distanced and will be available on a first-come, first-served basis. Registration closes three hours before
the meeting starts.

NOTICE FINAUZED on 03/30/2021 4:23PM by Young.Kimberly

03/30/2021 04:23:06PM Leagis ® Page 1 of 1
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: PCS for HB 271 Boating Safety Education
SPONSOR(S): Tourism , Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS: SB 1658, SB 1562

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm .: Tourism , Infrastructure & Energy
Subcommittee
Willson f\.'vi Keating C)L
SUMMARY ANALYSIS

The Fish and Wildlife Conservation Commission (FWC) Division of Law Enforcement manages the state's
waterways to ensure boating safety for residents of and visitors to the state. This includes enforcing boating
rules and regulations , coordinating boating safety campaigns and education, managing public waters and
access to the waters, and conducting boating accident investigations.

An operator of a vessel in Florida must operate the vessel in a reasonable and prudent manner, having regard
for other waterborne traffic, posted speed and wake restrictions , and all other attendant circumstances so as
not to endanger the life, limb, or property of another person outside the vessel or due to vessel overloading or
excessive speed.

Florida law requires that boat operators born on or after January 1, 1988, must obtain a Florida boating safety
identification card if the vessel is powered by an engine of 1O horsepower or more. To obtain a card , a person
must complete an approved boating safety course.

Federal law requires boaters to use the installed engine cut-off switch on any motorized boat with 3 or more
horsepower that is less than 26 feet in length.

The bill requires that an FWC-approved boating safety education course or temporary certificate examination
developed or approved by the commission must include a component regarding :
• The risks associated with a passenger placing any portion of an appendage over the outside edge of
the vessel while the vessel is underway.
• The proper use of an engine cutoff switch, as appropriate for certain vessels.

The bill does not have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Fish and Wildlife Conservation Commission

The Fish and Wildlife Conservation Commission (FWC) is responsible for regulating, managing,
protecting, and conserving the state's fish and wildlife resources. 1 Chapter 327, F.S., concerning vessel
safety, is enforced by FWC's Division of Law Enforcement and its officers, county sheriffs and deputies,
municipal police officers, and any other law enforcement officer. 2 The Division of Law Enforcement
manages the state's waterways to ensure boating safety for residents of and visitors to the state. 3 This
includes enforcing boating rules and regulations, coordinating boating safety campaigns and education,
managing public waters and access to the waters, and co.nducting boating accident investigations. 4

Boater Safety Education

A person born on or after January 1, 1988, who will be operating a boat in Florida waters with an
engine of 10 horsepower or more, must obtain a Florida boating safety identification card. 5 To obtain a
card , a person must complete an approved boating safety course.6 There are several courses available
at various price points ranging from free up to $50.7 The course must meet the 8-hour instruction
requirement established by the National Association of State Boating Law Administrators and must
include a component regarding diving vessels. 8 The card is valid for life, unless it was obtained by
passing a temporary certificate examination , in which case it is valid for 90 days after the date of
issuance.9

Current law requires that any boating safety education course or temporary certificate examination
developed or approved by FWC must include a component regarding diving vessels, awareness of
divers in the water, divers-down warning devices, and other diver-related requirements provided in
current law.10

Certain persons are exempt from the requirement to obtain a boating safety identification card . A
person is exempt if he or she:
• Is licensed by the United States Coast Guard (Coast Guard) to serve as master of a vessel.
• Operates a vessel only on a private lake or pond.
• Is accompanied in the vessel by a person who is exempt from this section or who holds an
identification card in compliance with this section, is 18 years of age or older, and is attendant to
the operation of the vessel and responsible for the safe operation of the vessel and for any
violation that occurs during the operation of the vessel.
• Is a nonresident who has in his or her possession proof that he or she has completed a boater
education course or equivalency examination in another state which meets or exceeds the
requirements in Florida.

1 FLA. CONST. art. IV, s. 9.
2
Section 327.70(1), F.S.
3
Fish and Wildlife Conservation Commission (FWC) Boating https://nwfwc.com/boating/ (last visited Mar. 25 2021 ).
4
FWC, law Enforcement, https://myfwc.com/about/inside-fwc/le/ (last visited Feb. 15, 20.21 ). See s. 327. 70(1) and (4) F. S.
5
S. 327.395(1 ), F.S.
6
FWC, Boater Education Identification Card, https://myfwc.com/boating/safety-education/id/ (last visited Mar. 25, 2021 ). This card is not a boating
license, it is a certification that the person named on the card has successfully completed the required boating safety course.
7
FWC, Boating Safety Courses, https://myfwc.com/boating/safety-education/courses/ (last visited Mar. 25, 2021 ).
8
S. 327.395(1 ), F.S.
9
S. 327.395(5), F.S.
10
Sees. 327.331, F.S.
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• Is operating a vessel within 90 days after the purchase of that vessel and has available for
inspection aboard that vessel a bill of sale.
• Is operating a vessel within 90 days after completing the boater education course and has a
photographic identification card and a boater education certificate available for inspection as
proof of having completed a boater education course. The boater education certificate must
provide, at a minimum, the student's first and last name, the student's date of birth, and the date
that he or she passed the course examination.
• Is exempted by FWC rule. 11

A person who operates a vessel without the required boating safety identification card can be charged
with a noncriminal infraction and is subject to a uniform boating citation and a $50 civil penalty.12

A livery may not knowingly lease, hire, or rent vessels under certain conditions meant to ensure boater
safety. 13 Additionally, a livery may not knowingly lease, hire, or rent any vessel powered by a motor of
1O horsepower or greater to any person who is required to comply with boater safety education
requirements, unless the person presents photographic identification and a valid boater safety
identification card to the livery or meets one of the listed exemptions. 14

Boating Safety Regulations

An operator of a vessel in Florida must operate the vessel in a reasonable and prudent manner, having
regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant
circumstances so as not to endanger the life, limb, or property of another person outside the vessel or
due to vessel overloading or excessive speed. 15 Operating a vessel in excess of a posted speed limit is
a civil infraction, for which the penalty is $50. 16

Vessel owners and operators must carry, store, maintain, and use safety equipment in accordance with
current Coast Guard safety equipment requirements, unless expressly exempted. 17 Vessel owners and
operators are also subject to additional safety requirements relating to appropriate equipment and the
use of personal flotation devices.18

Engine Cut-off Switch

Effective April 1, 2021, federal law19 requires boaters to use the engine cut-off switch (ECOS), if such a
device is installed, on any motorized boat with 3 or more horsepower that is less than 26 feet in length.
Typically, the ECOS link is a coiled bungee cord lanyard clipped onto the operator's person, personal
floatation device, or clothing, with the other end attached to the cut-off switch. However many variations
exist, including electronic wireless devices. When an operator is wearing a link while underway, the
engine will cut-off if the operator is separated from the operating area, which can happen if the operator
is ejected from the vessel or falls within the vessel. 20

According to the Coast Guard's Boating Safety Division, an ECOS is an important tool to prevent
unnecessary accidents, injuries, and deaths caused by a recreational vessel operator being
unexpectedly displaced from the helm, including situations where the operator is ejected from the

11
S. 327.395(6), F.S.
12
S. 327.73(l)(s), F.S.
13
S. 327.54(1), F.S. For example, vessels must have proper safety equipment and be seaworthy, and the number of vessel occupants may not exceed
the maximum safety load of the vessel.
14
S. 327.54(2), F.S.
15
S. 327.33, F.S.
16
S. 327.73(h), F.S.
17
S. 327.50, F.S.
18 [d.
19
46 u.s.c. § 4312
20
United States Coast Guard, Engine Cut-Off Switches, hltps://uscgboating.org/recreational-boaters/engine-cut-off-de,vices.php (last visited Mar. 25,
2021). .
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vessel, which typically leads to a runaway vessel. In these scenarios anyone in the water is a potential
propeller-strike victim, all other vessels on the water face a collision hazard, and maritime law
enforcement officers face additional risk in trying to bring the runaway vessel to a stop. Additionally , the
use of an EGOS may aid the operator in safely returning to the drifting vessel. 21

In 2018, Congress required vessel manufactures to install an EGOS. However, most U.S. boat
manufacturers have voluntarily installed an EGOS on their boats for decades. 22

Florida law requires that operators of personal watercraft 23 equipped by the manufacturer with a
lanyard type eng ine cutoff switch must attach the lanyard to his or her person, clothing, or personal
flotation device, as appropriate for the specific vessel. 24

Effect of the Bill

The bill requires that an FWC-approved boating safety education course or temporary certificate
examination developed or approved by the commission must include a component regarding :
• The risks associated with a passenger placing any portion of an appendage over the outside
edge of the vessel while the vessel is underway.
• The proper use of an engine cutoff switch, as appropriate for certain vessels.

B. SECTION DIRECTORY:
Section 1 Amends s. 327.395, F.S.; relating to boating safety education.

Section 2 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

21
United States Coast Guard, Engine/Propulsion Cut-Off Devices FAQ, https://uscgboating.org/recreational-boaters/engine-cut-ofi::.switch-fag.pbp
(last visited Mar. 25, 2021 ).
22
USCG, Engine Cut-Of!Switches, supra.
23
Section 327.02(36), F.S. defines "Personal watercraft" as "a vessel less than 16 feet in length which uses an inboard motor powering a water jet
pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than
in the conventional manner of sitting or standing inside the vessel."
24
S. 327.39(2), F.S.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS :
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

PCS for HB 271 2021

1 A bill to be entitled
2 An act relating to boating safety education; amending
3 s. 327.395, F.S.; requiring commission-approved
4 boating safety education courses or temporary
5 certificate examinations to include components
6 relating to certain safety measures; requiring the
7 commission to incorporate certain information into
8 boating safety campaigns and education materials;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (3) of section 327.395, Florida
14 Statutes, is amended to read:
15 327.395 Boating safety education.-
16 (3) Any commission-approved boating safety education
17 course or temporary certificate examination developed or
18 approved by the commission must include a component regarding~
19 (a) Diving vessels, awareness of divers in the water,
20 divers-down warning devices, and the requirements of s. 327.331.
21 (b) The risks associated with a passenger placing any
22 portion of his or her appendage outside of a vessel while the
23 vessel is underwa y.
24 (c) The proper use of an engine cutoff switch, as
25 appropriate for certain vessels.

Page 1 of 2
PCS for HB 271
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES

PCS for HB 271 2021

26
27 The commission must also incorporate the components described in
28 paragraphs (a)-(c), into boating safety campai g ns and education
29 materials produced b y the commission, as a pp rop riate.
30 Section 2. This act shall take effect July 1, 2021.

Page 2 of 2
PCS for HB 271
CODING: Words stricken are deletions; words underlined are additions.
V
PCS for HB 1029
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: PCS for HB 1029 Purple Heart Recipient Parking Spaces
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS: SB 1320

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig . Comm .: Tourism, Infrastructure & Energy Keating ( L
Subcommittee

SUMMARY ANALYSIS
The Purple Heart medal is presented to service members who have been wounded or killed as a result of
enemy action while serving in the U.S. military.

Around the United States parking spaces are being created in parking lots, which are reserved for combat
injured veterans . While not officially reserved or protected, these spaces are designed to honor those who
were wounded in combat.

The PCS authorizes each state agency or political subdivision having jurisdiction over street parking or publicly
owned or operated parking facilities to designate Purple Heart recipient parking spaces. Each designated
parking space must be designed in a manner that is consistent with the standards of the controlling jurisdiction
for other parking spaces, except that it may be outlined in purple paint or posted with a sign identifying the
parking space as a Purple Heart recipient parking space.

The PCS does not appear to impact state or local government revenues or state government expenditures. To
the extent a local government creates a program designating parking spaces for Purple Heart recipients, there
may be some insignificant expenditures associated with creating those spaces.

The PCS has an effective date of July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

The Purple Heart medal is presented to service members who while serving in the U.S. military have
been wounded or killed as a result of enemy action. A Purple Heart is a solemn distinction and means a
service member has greatly sacrificed themselves, or paid the ultimate price, while in the line of duty.1

According to the National Purple Heart Hall of Honor, more than 1.8 million Purple Heart medals have
been presented to service members since the award was created in 1782.2

Around the United States, purple parking spaces are being created for combat injured veterans. While
not officially reserved or protected, the spaces are designed to honor those who were wounded in
combat. 3

Currently, there is nothing in state law regarding Purple Heart recipient parking spaces.

Effect of the Bill

The PCS creates s. 316.1968, F.S., authorizing each state agency or political subdivision having
jurisdiction over street parking or publicly-owned or operated parking facilities to designate parking
spaces as Purple Heart recipient parking spaces. Each designated parking space must be designed in
a manner that is consistent with the standards of the controlling jurisdiction for other parking spaces,
except that it may be prominently outlined in purple paint or posted with an above-grade sign identifying
the parking space as a Purple Heart recipient parking space. Use of these spaces would operate on an
honor system.

The PCS has an effective date of July 1, 2021.

8 . SECTION DIRECTORY:
Section 1 Creates s. 316.1968, F.S., relating to Purple Heart recipient parking spaces.

Section 2 Provide an effective date of July, 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues :
None.

2. Expenditures:
None.

1
USO, 8 Things You Need to Know about the Purple Heart Medal, August 3, 2020, https://www.uso.org/stories/2276-8-purple-heart-
facts (last visited March 26, 2021 ).
2 [d.
3
The Veteran Site, Purple Parking Spots are Great News for Veterans, https://blog.theveteranssite.greatergood.com/veteran-parking-
spots/#:-:text=Spearheaded%20by%20the%20Wounded%20Warriors,in%20combat%20for%20their°/o20country. (last visited March
26, 2021).
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision :
Not applicable. This PCS does not appear to require counties or municipalities to spend funds or
take action requiring the expenditures of funds, reduce the authority that counties or municipalities
have to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties
or municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The PCS does not provide a grant of rulemaking, nor does it require rulemaking .

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

PCS for HB 1029 2021

1 A bill to be entitled
2 An act relating to Purple Heart recipient parking
3 spaces; creating s. 316.1968, F.S.; authorizing a
4 governmental entity to establish a program to offer
5 designated parking spaces for Purple Heart recipients;
6 authorizing the design of such spaces; a providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida :
10
11 Section 1. Section 316.1968, Florida Statutes, is created
12 to read:
13 316.1968 Purple Heart recipient parking spaces.-Each state
14 agency or political subdivision having jurisdiction over street
15 parking or publicly-owned or operated parking facilities ma y
16 designate parking spaces as Purple Heart recipient parking
17 spaces. Each designated parking space must be designed in a
18 manner that is consistent with the standards of the controlling
19 jurisdiction for other parking spaces, except that it may be
20 prominently outlined in purple paint or posted with an above-
21 grade sign identifying the parking space as a Purple Heart
22 recipient parking s p ace.
23 Section 2. This act shall take effect July 1, 2021.

Page 1 of 1
PCS for HB 1029
CODING: Words stricken are deletions; words underlined are additions.
V
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 389 Tampa Bay Area Regional Transit Authority
SPONSOR(S): Mariano
TIED BILLS: IDEN./SIM. BILLS: SB 422

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Johnso

2) Local Administration & Veterans Affairs
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Tampa Bay Area Regional Transit Authority (TBARTA) is an agency of the state, covering Hernando,
Hillsborough, Manatee, Pasco, and Pinellas counties, whose purpose is to plan, develop, fund, implement, and
operate a regional transit system in the Tampa Bay area. TBARTA's governing board consists of 13 voting
members and two non-voting advisors. The 13 voting board members include:
• One county commissioner from each of its five member counties;
• The mayors of the largest municipalities, by population, within the service area of each of the following
independent transit agencies: Pinellas Suncoast Transit Authority (St. Petersburg) and Hillsborough
Area Regional Transit Authority (Tampa);
• Two members appointed from the governing boards of the Pinellas Suncoast Transit Authority and the
Hillsborough Area Regional Transit Authority; and
• Four members from the regional business community appointed by the Governor.

Seven members of the board constitutes a quorum, and the vote of seven members is necessary for the board
to take any action.

The bill authorizes the mayors from the largest municipalities within the TBARTA service area to designate an
alternate, who must be a member of the municipality's city council , to attend board meetings and to act in their
place with full voting rights. The bill provides that a simple majority of board members constitutes a quorum
and a simple majority of the voting members present is necessary for any action to be taken by the governing
board. The bill renames the TBARTA Metropolitan Planning Organization Chairs Coordinating Committee as
the Chairs Coordinating Committee and deletes the requirement that TBARTA provide administrative support
and direction to the committee. Finally, the bill deletes an obsolete provision related to a 2018 report.

The bill does not appear to have a fiscal impact on state government and may reduce TBARTA's expenditures.

The bill has an effective date of July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Tampa Bay Area Regional Transit Authority
Part V of Ch. 343, F.S., creates the Tampa Bay Area Regional Transit Authority (TBARTA) 1 as a body
politic and corporate and agency of the state, covering Hernando, Hillsborough, Manatee, Pasco, and
Pinellas counties and any other contiguous county that is party to an agreement of participation. 2

TBARTA's purpose is to plan, develop, fund, implement, and operate a regional transit system in the
Tampa Bay area. 3 TBARTA must produce a regional transit development plan, integrating the transit
development plans of participant counties, with priority assigned to regionally significant transit projects
and facilities. 4

TBARTA's governing board consists of 13 voting members and two non-voting advisors. The secretary
of the Department of Transportation (DOT) appoints two non-voting advisors to the board who are the
district secretaries for the two DOT districts within TBARTA's designated area. The 13 voting members
of the board are appointed as follows:
• The county commissions of Hernando, Hillsborough, Manatee, Pasco, and Pinellas counties
each appoint one county commissioner to the board;
• Two members of the board are the mayors of the municipalities with the largest populations 5
within the service area of each of the following independent transit agencies: Pinellas Suncoast
Transit Authority (St. Petersburg) and Hillsborough Area Regional Transit Authority (Tampa);
• The following independent transit agencies each appoint from the membership of their
governing bodies one member to the board: Pinellas Suncoast Transit Authority and
Hillsborough Area Regional Transit Authority; and
• The Governor appoints four members from the regional business community, each of whom
must reside in one of the counties governed by the authority and may not be an elected official. 6

Seven members of the board constitutes a quorum, and the vote of seven members is necessary for
TBARTA to take any action. 7 A vacancy does not impair the right of a quorum of the board to exercise
all rights and perform all duties of TBARTA. 8

Beginning July 1, 2017, TBARTA's board was required to evaluate the abolishment, continuance,
modification, or establishment of the following committees:
• Planning committee;
• Policy committee;
• Finance committee;
• Citizens advisory committee;
• TBARTA Metropolitan Planning Organization Chairs Coordinating Committee;
• Transit management committee; and
• Technical advisory committee.

1
Prior to 2017, TBARTA was named the Tampa Bay Area Regional Transportation Authority.
2
Ss. 343.90 and 343.9l(l)(a), F.S.
3
S. 343.922(1), F.S.
4
S. 343.922(3), F.S.
5
The municipality with the largest population is determined by the most recent decennial census.
6
S. 343.92(2), F.S.
7
S. 343.92(8), F.S.
s Id.
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After the board completed its evaluation, it was required to submit its recommendations for
abolishment, continuance, modification, or establishment of the committees to the President of the
Senate and the Speaker of the House of Representatives before the beginning of the 2018 Regular
Legislative Session.9 The report was submitted in January 2018.

TBARTA Metropolitan Planning Organization Chairs Coordinating Committee
The TBARTA Metropolitan Planning Organization Chairs Coordinating Committee (committee) is
created within TBARTA, and is composed of the metropolitan planning organizations (MPO's) 10 serving
Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota counties. TBARTA is
required to provide administrative support and direction to the committee. The committee must, at a
minimum:
• Coordinate transportation projects deemed to be regionally significant by the committee;
• Review the impact of regionally significant land use decisions on the region;
• Review all proposed regionally significant transportation projects in the respective transportation
improvement programs which affect more than one of the MPO's represented on the committee;
and
• Institute a conflict resolution process to address any conflict that may arise in the planning and
programming of such regionally significant projects. 11

The committee conducts two meetings a year, one in the summer and one in the fall. Every year, the
committee receives public comment and adopts the West Central Florida Regional Roadway Network,
Transportation Regional Incentive Program Priority Projects, and Regional Multi-Use Trail Priority
Projects. The committee transmits these priorities to DOT. The committee also makes a yearly
recommendation to TBARTA's board for the TBARTA regional priority projects.12

Effect of the Bill

The bill authorizes the mayors of the largest municipalities within the service areas of the Pinellas
Suncoast Transit Authority (St. Petersburg) and the Hillsborough Regional Transit Authority (Tampa) to
designate alternates. The mayor's designated alternate must be an elected member of the
municipality's city council and approved as the mayor's designated alternate by the municipality's city
council. In the event that the mayor is unable to attend a TBARTA board meeting, the mayor's
designated alternate must attend the meeting on the mayor's behalf and has the full right to vote.

The bill revises the quorum requirements for TBARTA's board meeting, allowing for a simple majority of
the TBARTA board to constitute a quorum. It also provides that a simple majority of the voting
members present, rather than seven members, are necessary for any action to be taken by the board.

The bill removes obsolete language that required TBARTA to submit recommendations for
abolishment, continuance, modification, or establishment of TBARTA committees to the Legislature
before the 2018 Regular Session.

The bill renames the TBARTA Metropolitan Planning Organization Chairs Coordinating Committee as
the Chairs Coordinating Committee, modifies its organization so it is no longer created within TBARTA,
and deletes the requirement that TBARTA provide administrative support and direction to the
committee. The bill does not change the committee's membership.

The bill also removes requirements that TBARTA present regional transit development plans to the
committee and coordinate plans and projects with the committee .

9
S. 343.92(9), F.S.
10
MPOs are federa lly-required transportation planning entities in urbanized areas with populations of 50,000 or more.
I! S. 339. l 75(6)(i), F.S.
12
TBARTA, MPOs Chairs Coordinating Committee, https://tbarta.com/en/boards-meetings/mpos-chairs-coordinating-committee/
(last visited January 28, 2021 ).
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DATE: 3/30/2021
8 . SECTION DIRECTORY:
Section 1 Amends s. 339.175, F.S., relating to metropolitan planning organizations.

Section 2 Amends s. 343.92, F.S., relating to T8ARTA.

Section 3 Amends s. 343.922, F.S., providing T8ARTA's powers and duties.

Section 4 Provides an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill does not appear to impact state revenues.

2. Expenditures:
The bill does not appear to impact state expenditures.

8 . FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill does not appear to impact local government revenues.

2. Expenditures:
The bill may reduce T8ARTA's expenditures associated with no longer being required to staff the
Chairs Coordinating Committee.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking , nor does it require rulemaking .

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DATE: 3/30/2021
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/30/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 389 2021

1 A bill to be entitled
2 An act relating to the Tampa Bay Area Regional Transit
3 Authority; amending s. 339.175, F.S.; renaming the
4 Tampa Bay Area Regional Transit Authority Metropolitan
5 Planning Organization Chairs Coordinating Committee as
6 the Chairs Coordinating Committee; deleting a
7 requirement that the Tampa Bay Area Regional Transit
8 Authority provide the committee with administrative
9 support and direction; amending s. 343.92, F.S.;
10 providing that a mayor's designated alternate may be a
11 member of the governing board of the authority;
12 requiring that the alternate be an elected member of
13 the city council of the mayor's municipality and be
14 approved by the municipality's city council; requiring
15 a mayor's designated alternate to attend meetings
16 under certain circumstances, in w.h ich case the
17 alternate has full voting rights; providing that a
18 simple majority of board members constitutes a quorum
19 and that a simple majority of those members present is
20 necessary for any action to be taken; deleting
21 obsolete language; amending s. 343.922, F.S.; revising
22 a provision requiring the authority to present the
23 regional transit development plan and updates to
24 specified entities; deleting a provision requiring
25 that the authority coordinate plans and projects with

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HB 389 2021

26 the TBARTA Metropolitan Planning Organization Chairs
27 Coordinating Committee and participate in the regional
28 M.P.O. planning process to ensure regional
29 comprehension of the authority's mission, goals, and
30 objectives; deleting a provision requiring that the
31 authority provide administrative support and direction
32 to the TBARTA Metropolitan Planning Organization
33 Chairs Coordinating Committee; providing an effective
34 date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Paragraph (i) of subsection (6) of section
39 339.175, Florida Statutes, is amended to read:
40 339.175 Metropolitan planning organization.-
41 (6) POWERS, DUTIES, AND RESPONSIBILITIES.-The powers,
42 privileges, and authority of an M.P.O. are those specified in
43 this section or incorporated in an interlocal agreement
44 authorized under s. 163.01. Each M.P.O. shall perform all acts
45 required by federal or state laws or rules, now and subsequently
46 applicable, which are necessary to qualify for federal aid. It
47 is the intent of this section that each M.P.O. shall be involved
48 in the planning and programming of transportation facilities,
49 including, but not limited to, airports, intercity and high-
50 speed rail lines, seaports, and intermodal facilities, to the

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HB 389 2021

51 extent permitted by state or federal law.
52 (i) There is created the Tampa Bay Area Regional Transit
53 Authority Metropolitan Planning Organization Chairs Coordinating
54 Committee is created within the Tampa Bay .7'.rea Regional Transit
55 Authority, composed of the M. P.O. 's serving Citrus, Hernando,
56 Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota
57 Counties. The authority shall provide administrative support and
58 direction to the cofflfflittee. The committee must, at a minimum:
59 1. Coordinate transportation projects deemed to be
60 regionally significant by the committee.
61 2. Review the impact of regionally significant land use
62 decisions on the region.
63 3. Review all proposed regionally significant
64 transportation projects in the respective transportation
65 improvement programs which affect more than one of the M.P.O. 's
66 represented on the committee.
67 4. Institute a conflict resolution process to address any
68 conflict that may arise in the planning and programming of such
69 regionally significant projects.
70 Section 2. Paragraph (b) of subsection (2) and subsections
71 (8) and (9) of section 343.92, Florida Statutes, are amended to
72 read:
73 343.92 Tampa Bay Area Regional Transit Authority.-
74 (2) The governing board of the authority shall consist of
75 13 voting members appointed no later than 45 days after the

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HB389 2021

76 creation of the authority.
77 (b) The 13 voting members of the board shall be as
78 follows:
79 1. The county commissions of Hernando, Hillsborough,
80 Manatee, Pasco, and Pinellas Counties shall each appoint one
81 county commissioner to the board. Members appointed under this
82 subparagraph shall serve 2-year terms with not more than three
83 consecutive terms being served by any person. If a member under
84 this subparagraph leaves elected office, a vacancy exists on the
85 board to be filled as provided in this subparagraph within 90
86 days.
87 2.a. Two members of the board shall be the mayor, or the
88 mayor's designated alternate, of the largest municipality within
89 the service area of each of the following independent transit
90 agencies or their legislatively created successor agencies:
91 Pinellas Suncoast Transit Authority and Hillsborough Area
92 Regional Transit Authority. The largest municipality is that
93 municipality with the largest population as determined by the
94 most recent United States Decennial Census.
95 b. The mayor's designated alternate must be an elected
96 member of the municipality's city council and approved as the
97 mayor's designated alternate by the municipality's city council.
98 In the event the mayor is unable to attend a meeting, the
99 mayor's designated alternate shall attend the meeting on the
100 mayor's behalf and has the full right to vote.

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HB 389 2021

101 3. The following independent transit agencies or their
102 legislatively created successor agencies shall each appoint from
103 the membership of their governing bodies one member to the
104 board: Pinellas Suncoast Transit Authority and Hillsborough Area
105 Regional Transit Authority. Each member appointed under this
106 subparagraph shall serve a 2-year term with not more than three
107 consecutive terms being served by any person. If a member no
108 longer meets the transit authority's criteria for appointment, a
109 vacancy exists on the board, which must be filled as provided in
110 this subparagraph within 90 days.
111 4. The Governor shall appoint to the board four members
112 from the regional business community, each of whom must reside
113 in one of the counties governed by the authority and may not be
114 an elected official. Of the members initially appointed under
115 this subparagraph, one shall serve a 1-year term, two shall
116 serve 2-year terms, and one shall serve a term as the initial
117 chair as provided in subsection (5). Thereafter, a member
118 appointed under this subparagraph shall serve a 2-year term with
119 not more than three consecutive terms being served by any
120 person.
121
122 Appointments may be staggered to avoid mass turnover at the end
123 of any 2-year or 4-year period. A vacancy during a term shall be
124 filled within 90 days in the same manner as the original
125 appointment for the remainder of the unexpired term.

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HB 389 2021

126 (8) A simple majority Seven members of the board shall
127 constitute a quorum, and a simple majority of the voting members
128 present shall be necessary for any action to be taken by the
129 board the vote of seven members is necessary for any action to
130 be taken by the authority. The authority may meet upon the
131 constitution of a quorum. A vacancy does not impair the right of
132 a quorum of the board to exercise all rights and the ability to
133 perform all duties of the authority.
134 (9) Beginning July 1 , 2017, the board must evaluate the
135 abolishment , continuance , modification , or establishment of the
136 following cofflfflittees:
137 (a) Planning cofflfflittce .
138 (b) Policy coffiffiittee.
139 (c) Finance coffiffiittee.
140 (d) Citizens advisory coffiffiittee .
141 (el Tampa Bay Area Regional Transit Authority Metropolitan
142 Planning Organization Chairs Coordinating Coffifflittee.
143 (fl Transit management cofflffiittee.
144 (g) Technical advisory coffifflittee.
145
146 The board must submit its recofflffiendations for abolishment,
147 continuance , modification, or establishfflent of the coffiffiittccs to
148 the President of the Senate and the Speaker of the House of
149 Representatives before the beginning of the 2018 Regular
150 Session.

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HB 389 2021

151 Section 3. Paragraphs (e), (f), and (g) of subsection (3)
152 of section 343.922, Florida Statutes, are amended to read:
153 343.922 Powers and duties. -
154 ( 3)

155 (e) The authority shall present the original regional
156 transit development plan and updates to the governing bodies of
157 the counties within the designated region, to the TBARTA
158 Metropolitan Planning Organization Chairs Coordinating
159 Cofflfflittee , and to the legislative delegation members
160 representing those counties within 90 days after adoption.
-
161 (f) The authority shall coordinate plans and projects with
162 the TBARTA Metropolitan Planning Organization Chairs
163 Coordinating Coffifflittee, to the extent practicable, and
164 participate in the regional H .P. O. planning process to ensure
165 regional comprehension of the authority ' s mission , goals, and
166 objectives .
167 (g) The authority shall provide administrative support and
168 direction to the TBARTA Hctropolitan Planning Organization
169 Chairs Coordinating Goffiffiittee as provided in s . 339 . 175 (6) (i).
170 Section 4. This act shall take effect July 1, 2021.

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hb0389-00
:::c
0:,
0,
0
.......
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 501 Specialty License Plates
SPONSOR(S): Duran
TIED BILLS: IDEN./SIM. BILLS: SB 860

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Johnso Keating

2) Infrastructure & Tourism Appropriations
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS

Approximately 120 specialty license plates are available to any owner or lessee of a motor vehicle who is
willing to pay the additional annual use fee for such plate. The collected fees are distributed by the Department
of Highway Safety and Motor Vehicles (DHSMV) to statutorily designated organizations in support of a
particular cause or charity.

The bill creates the Biscayne Bay specialty license plate with an annual use fee of $25. The plates must bear
DHSMV-approved colors and designs with "Florida" appearing at the top of the plate and "Protect Biscayne
Bay" appearing at the bottom of the plate. The annual use fees are distributed to The Miami Foundation to
raise awareness and support the mission and efforts of conserving Biscayne Bay.

The bill will have a negative, but insignificant, fiscal impact to state expenditures associated with DHSMV's
programming costs to create the specialty license plate. These costs can be absorbed within existing
resources .

The bill has an effective date of October 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0501 .TIE.D0CX
DATE: 3/30/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

The first Florida specialty license plates were enacted in 1986 and included the creation of the
Challenger plate and ten Florida collegiate plates. Today, there are approximately 120 specialty license
plates available to any owner or lessee of a motor vehicle who is willing to pay the additional use fee for
the privilege, typically $25 annua11y. 1 Current law provides that if the Legislature2 has approved 150 or
more specialty license plates, the Department of Highway Safety and Motor Vehicles (DHMSV) may
not make any new specialty license plate available for design or issuance until a sufficient number of
plates are discontinued 3 so that the number of plates being issued does not exceed 150. 4

Establishment of Specialty License Plates
Section 320.08053, F.S., provides the statutory requirements to establish a specialty license plate. If a
specialty license plate requested by an organization is approved by law, the organization submits its
proposed art design to DHSMV as soon as practicable, but no later than 60 days after the act
approving the plate becomes a law. 5

Within 120 days after the act approving the specialty license plate becomes law, DHSMV must
establish a method to issue a voucher allowing for the presale of the plate. A $5 processing fee, 6 a
service charge and branch fee, 7 and an annual use fee for the specialty license plate are charged for
the voucher. All other applicable fees are charged at the time the license plate is issued. 8

Within 24 months after establishing a presale specialty license plate voucher, the approved specialty
license plate organization must record with DHSMV a minimum of 3,000 voucher sales 9 before the
license plate may be manufactured. If, at the conclusion of the 24-month presale period, the minimum
sales requirement is not met, the specialty license plate is deauthorized and DHSMV discontinues the
plate's development and the issuance of the presale vouchers. Upon deauthorization of the specialty
license plate, a purchaser of the specialty license plate voucher may use the annual use fee collected
as a credit towards any other specialty license plate or apply to DHSMV for a refund. 10

New specialty license plates that have been approved by law, but are awaiting issuance, will be issued
in the order they appear ins. 320.08058, F.S., 11 if all statutory requirements, including the presale
requirement, have been met. If the next awaiting specialty license plate has not met its presale
requirement, DHSMV proceeds in the order provided ins. 320.08058, F.S., to identify the next qualified
specialty license plate that has met the presale requirement. DHSMV must cycle through the list in
statutory order. 12

1
Section 320.08056(3)(d), F.S., provides that, except if specifically provided ins. 320.08056(4), the annual use fee for a specialty
license plate is $25.
2
Creation of a specialty license plate requires an act of the Legislature.
3
Specialty license plates are discontinued pursuant to s. 320.08056(8), F.S.
4
S. 320.08053(3)(b), F.S.
5
S. 320.08053(1), F.S.
6
The processing fee is prescribed ins. 320.08056, F.S.
7
Service charges and branch fees are prescribed ins. 320.04, F.S.
8
S. 320.08053(2)(a), F.S.
9
In the case of out-of-state college or university license plate, the license plate must register 4,000 voucher sales.
10
S. 320.08053(2)(b), F.S.
11
S. 320.08058, F.S., creates each specialty license plate.
12
S. 320.08053(3)(a), F.S.
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DATE: 3/30/2021
If the Legislature has approved 150 or more specialty license plates, DHSMV may not make any new
specialty license plates available for design or issuance until a sufficient number of plates are
discontinued 13 so that the number of plates being issued is fewer than 150. The 150-license plate limit
applies to all specialty license plates, including those above the minimum sales threshold and those
exempt from the minimum sales threshold. 14

Specialty License Plates. Generally
DHSMV is responsible for developing authorized specialty license plates 15 DHSMV must issue a
specialty license plate to the owner or lessee of any motor vehicle, except a vehicle registered under
the International Registration Plan, a commercial truck required to display two license plates, or a truck
tractor, upon request and payment of the appropriate license tax and fees. 16 Specific specialty license
plates are authorized for dealer and fleet vehicles. 17 A specialty license plate for motorcycles is
addressed separately ins. 320.08068, F.S.

Each request for a specialty license plate must annually be made to DHSMV or its authorized agent 16
accompanied by the following tax and fees: the vehicle's required license tax, 19 a processing fee of
$5, 20 a license plate fee, 21 and a license plate annual use fee as required for the specialty license
plate.22

The Miami Foundation
Established in 1967, The Miami Foundation (foundation) is focused on building a stronger Miami and
has invested more than $400 million into the community. The foundation has partnered with individuals,
families, and corporations who have created more than 1,000 personalized, philanthropic funds, and it
has awarded $350 million in grants. 23 The foundation is registered as a not-for-profit corporation with
the Department of State.

Biscayne Bay
Biscayne Bay is the largest estuary on the coast of southeast Florida and is contiguous with the
southern Florida Everglades and Florida Bay. 24

Effect of the Bill

The bill creates the Biscayne Bay specialty license plate, with an annual use fee of $25.25 The plate
must bear DHSMV-approved colors and designs, with "Florida" appearing at the top of the plate and
"Protect Biscayne Bay" appearing at the bottom of the plate.

The annual use fees from the sale of the plate are distributed to The Miami Foundation to be used as
follows:
• Up to 10 percent of the fees may be used for promotion and marketing the license plate and for
direct reimbursement for administrative costs, startup costs, and costs incurred in the

13
Specialty license plates will be discontinued pursuant to s. 320.08056(8), F.S.
14
S. 320.08053(3)(b), F.S.
15
S. 320.08056(1), F.S.
16
S. 320.08056(2), F.S.
17
See ss. 320.06(3)(a), 320.0657(2)(a), 320.08(12) and 320.08056(2)(b) and (c), F.S.
18
DHSMV's authorized agents are the county tax collectors.
19
Motor vehicle license taxes are set forth ins. 320.08, F.S.
20
The $5 processing fee is deposited into the Highway Safety Operating Trust Fund.
21
Section 320.06(l)(b), F.S., provides for a $2.80 annual license plate replacement fee to defray the cost ofrep\acing the license plate
every 10 years.
22
S. 320.08056(3), F.S.
23
The Miami Foundation Website, https://miamifoundation.org/about (last visited February 3, 2021).
24
Discover Biscayne Bay Website: http://www.discoverbiscaynebay.org/ (last visited February 3, 2021).
25
The $25 annual use fee is provided for in existing s. 320.08056(3)(d), F.S.
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DATE: 313012021
development and approval process of the license plate. All vendors associated with
administrative costs must be selected by competitive bid .
• The remaining fees must be used to raise awareness and support the mission and efforts of
conserving Biscayne Bay. The Miami Foundation's Board of Trustees must approve and is
accountable for all such expenditures.

The bill has an effective date of October 1, 2021.

B. SECTION DIRECTORY:
Section 1 Amends s. 320.08058, F.S., relating to specialty license plates.

Section 2 Provides an effective date of October 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
DHSMV will incur programming costs associated with the creation of this specialty license plate.
One specialty license plate with a single distribution recipient will require between 200 and 250
hours of programming at a rate of $35 to $40 per hour. 26 This programing can be done using
existing DHSMV resources .

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Once the license plate goes into production, The Miami Foundation, may see an increase in revenues
associated with the sale of the license plate.

D. FISCAL COMMENTS:
None.

26
Email from Kevin Jacobs, Legislative Affairs Director, Florida Department of Highway Safety and Motor Vehicles, RE: Specialty
License Plates, January 26, 2021.
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DATE: 3/30/2021
Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking, nor does it provide a grant of rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0501.TIE.DOCX PAGE: 5
DATE: 3/30/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 501 2021

1 A bill to be entitled
2 An act relating to specialty license plates; amending
3 s. 320.08058, F.S.; directing the Department of
4 Highway Safety and Motor Vehicles to develop a
5 Biscayne Bay license plate; providing for distribution
6 and use of fees collected from the sale of the plate;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (112) is added to section 320.08058,
12 Florida Statutes, to read:
13 320.08058 Specialty license plates.-
14 (112) BISCAYNE BAY LICENSE PLATES.-
15 (a) The department shall develop a Biscayne Bay license
16 plate as provided in this section ands. 320.08053. The plate
17 must bear the colors and design approved by the department. The
18 word "Florida" must appear at the top of the plate, and the
19 words "Protect Biscayne Bay" must appear at the bottom of the
20 plate.
21 (b) The annual use fees from the sale of the plate shall
22 be distributed to The Miami Foundation, a Florida nonprofit
23 corporation, to be used as follows:
24 1. Up to 10 percent of the fees may be used for promotion
25 and marketing of the license plate and for direct reimbursement

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 501 2021

26 for administrative costs, startup costs, and costs incurred in
27 the development and approval process of the license plate. All
28 vendors associated with administrative costs shall be selected
29 b y competitive bid .
30 2. The remaining fees shall be used to raise awareness and
31 sup port the mission and efforts of conserving Biscayne Ba y . The
32 Miami Foundation Board of Trustees must approve and is
33 accountable for all such expenditures.
34 Section 2. This act shall take effect October 1, 2021.

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hb0501-00
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 599 Specialty License Plates
SPONSOR(S): Robinson, F.
TIED BILLS: IDEN./SIM. BILLS: SB 940

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Johnso Keating

2) Infrastructure & Tourism Appropriations
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Approximately 120 specialty license plates are available to any owner or lessee of a motor vehicle who is
willing to pay the additional annual use fee for such plate. The collected fees are distributed by the Department
of Highway Safety and Motor Vehicles (DHSMV) to statutorily designated organizations in support of a
particular cause or charity.

The bill creates the Disease Prevention & Early Detection specialty license plate with an annual use fee of $25.
The plate must bear DHSMV-approved colors and designs with "Florida" appearing at the top of the plate and
"Disease Prevention & Early Detection" appearing at the bottom of the plate. The annual use fees are
distributed to The Women's Breast & Heart Initiative, Florida Affiliate, Inc.

The bill will have a negative, but insignificant fiscal impact to state expenditures associated with DSHMV's
programming costs to create the specialty license plate. These costs can be absorbed within existing
resources.

The bill has an effective date of October 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0599.TIE .D0CX
DATE: 3/30/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

The first Florida specialty license plates were enacted in 1986 and included the creation of the
Challenger plate and ten Florida collegiate plates. Today, there are approximately 120 specialty license
plates available to any owner or lessee of a motor vehicle who is willing to pay the additional use fee for
the privilege, typically $25 annually. 1 Current law provides that if the Legislature 2 has approved 150 or
more specialty license plates, the Department of Highway Safety and Motor Vehicles (DHMSV) may
not make any new specialty license plate available for design or issuance until a sufficient number of
plates are discontinued 3 so that the number of plates being issued does not exceed 150. 4

Within 120 days after the act approving the specialty license plate becomes law, DHSMV must
establish a method to issue a voucher allowing for the presale of the plate. A $5 processing fee, 6 a
service charge and branch fee,7 and an annual use fee for the specialty license plate are charged for
the voucher. All other applicable fees are charged at the time the license plate is issued. 8

Within 24 months after establishing a presale specialty license plate voucher, the approved specialty
license plate organization must record with DHSMV a minimum of 3,000 voucher sales9 before the
license plate may be manufactured. If, at the conclusion of the 24-month presale period, the minimum
sales requirement is not met, the specialty license plate is deauthorized and DHSMV discontinues the
plate's development and the issuance of the presale vouchers. Upon deauthorization of the specialty
license plate, a purchaser of the specialty license plate voucher may use the annual use fee collected
as a credit towards any other specialty license plate or apply to DHSMV for a refund. 10

New specialty license plates that have been approved by law, but are awaiting issuance, will be issued
in the order they appear ins. 320.08058, F.S.,11 if all statutory requirements, including the presale
requirement, have been met. If the next awaiting specialty license plate has not met its presale
requirement, DHSMV proceeds in the order provided ins. 320.08058, F.S., to identify the next qualified
specialty license plate that has met the presale requirement. DHSMV must cycle through the list in
statutory order.12

1
Section 320.08056(3)(d), F.S., provides that, except if specifically provided ins. 320.08056(4), the annual use fee for a specialty
license plate is $25.
2
Creation of a specialty license plate requires an act of the Legislature.
3
Specialty license plates are discontinued pursuant to s. 320.08056(8), F.S.
4
S. 320.08053(3)(b), F.S.
5 S. 320.08053(1), F.S.
6
The processing fee is prescribed ins. 320.08056, F.S.
7
Service charges and branch fees are prescribed ins. 320.04, F.S.
8
S. 320.08053(2)(a), F.S.
9
In the case of out-of-state college or university license plate, the license plate must register 4,000 voucher sales.
10
S. 320.08053(2)(b), F.S.
11
S. 320.08058, F.S., creates each specialty license plate.
12
S. 320.08053(3)(a), F.S.
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If the Legislature has approved 150 or more specialty license plates, DHSMV may not make any new
specialty license plates available for design or issuance until a sufficient number of plates are
discontinued 13 so that the number of plates being issued is fewer than 150. The 150-license-plate limit
applies to all specialty license plates, including those above the minimum sales threshold and those
exempt from the minimum sales threshold .14

Specialty License Plates, Generally
DHSMV is responsible for developing authorized specialty license plates.15 DHSMV must issue a
specialty license plate to the owner or lessee of any motor vehicle , except a vehicle registered under
the International Registration Plan, a commercial truck required to display two license plates, or a truck
tractor, upon request and payment of the appropriate license tax and fees. 16 Specific specialty license
plates are authorized for dealer and fleet vehicles. 17 A specialty license plate for motorcycles is
addressed separately ins. 320.08068, F.S.

Each request for a specialty license plate must be made annually to DHSMV or its authorized agent 18
accompanied by the following tax and fees: the vehicle's required license tax, 19 a processing fee of
$5, 20 a license plate fee, 21 and a license plate annual use fee as required for the specialty license
plate.22

The Women's Breast & Heart Initiative. Florida Affiliate. Inc.
Established in 2005 with the goal of providing at-risk women access to early detection and proper
treatment for breast cancer, Women's Breast & Heart Initiative (WBHI) created a door-to-door
neighborhood outreach program that increases awareness of breast health and the importance of early
detection, as well as provides access to mammograms for women who are uninsured and underserved.
In 2013, WBHI incorporated education and awareness of heart disease - the leading cause of death in
women - into its grassroots campaigns. 23 The Woman's Breast & Heart Initiative, Florida Affiliate, Inc.,
is registered as a not for profit corporation with the Department of State.

Effect of the Bill

The bill creates the Disease Prevention & Early Detection specialty license plate, with an annual use
fee of $25.24 The plate must bear DHSMV-approved colors and designs, with "Florida" appearing at the
top of the plate and "Disease Prevention & Detection" appearing at the bottom of the plate.

The annual use fees from the sale of the plate are distributed to The Women's Breast and Heart
Initiative, Florida Affiliate, Inc., which may use up to 10 percent of the proceeds to promote and market
the plate. The remainder of the proceeds must be used by The Women's Breast & Heart Initiative,
Florida Affiliate, Inc., to provide increased education and awareness relating to early detection,
prevention, and screening of breast and heart issues.

The bill has an effective date of October 1, 2021.

Section 2 provides an effective date of October 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
DHSMV will incur programming costs associated with the creation of this specialty license plate.
One specialty license plate with a single distribution recipient will require between 200 and 250
hours of programming at a rate of $35 to $40 per hour. 25 This programing can be done using
existing DHSMV resources.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Once the license plate goes into production, The Women's Breast & Heart Initiative, Florida Affiliate,
Inc., may see an increase in revenues associated with the sale of this license plate.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking , nor does it provide a grant of rulemaking .

25
Email from Kevin Jacobs, Legislative Affairs Director, Florida Department of Highway Safety and Motor Vehicles, RE: Specialty
License Plates, January 26, 202 1.
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C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 599 2021

1 A bill to be entitled
2 An act relating to specialty license plates; amending
3 s. 320.08058, F.S.; directing the Department of
4 Highway Safety and Motor Vehicles to develop a Disease
5 Prevention & Early Detection specialty license plate;
6 providing for distribution and use of fees collected
7 from the sale of the plate; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (112) is added to section 320.08058,
13 Florida Statutes, to read:
14 320.08058 Specialty license plates.-
15 (112) DISEASE PREVENTION & EARLY DETECTION LICENSE
16 PLATES.-
17 (a) The department shall develop a Disease Prevention &
18 Early Detection license plate as provided in this section ands.
19 320.08053. The plate must bear the colors and design approved by
20 the department. The word "Florida" must appear at the top of the
21 plate, and the words "Disease Prevention & Early Detection" must
22 appear at the bottom of the plate.
23 (b) The license plate annual use fees shall be distributed
24 to The Women's Breast & Heart Initiative, Florida Affiliate,
25 Inc., a Florida nonprofit corporation, which may use a maximum

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0599~00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 599 2021

26 of 10 percent of the proceeds to promote and market the plate.
27 The remainder of the proceeds shall be used by The Women's
28 Breast & Heart Initiative, Florida Affiliate, Inc., to provide
29 increased education and awareness relating to early detection ,
30 prevention, and screening of breast and heart issues.
31 Section 2. This act shall take effect October 1, 2021.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0599-00
I
OJ
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 1283 Tampa-Hillsborough County Expressway Authority
SPONSOR(S): Beltran
TIED BILLS: IDEN./SIM. BILLS: SB 1660

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee

2) Infrastructure & Tourism Appropriations
Subcommittee

3) Ways & Means Committee

4) Commerce Committee

SUMMARY ANALYSIS
Created in 1963, the Tampa-Hillsborough County Expressway Authority (THEA) owns, maintains, and
operates four transportation facilities in Hillsborough County, including the Selmon Expressway.

The bill creates the West Florida Expressway Authority (WFEA) to replace THEA, and upon formal action of
Citrus, Hernando, Manatee, Pasco, Pinellas, or Polk County, authorizes the authority to expand into any of
those counties that take such action. In creating the WFEA, the bill:
• Creates, amends, revises, and deletes definitions.
• Provides for membership on the authority's governing body, including increasing the size of the board
as its jurisdictional boundaries are expanded.
• Establishes the manner in which the authority's jurisdictional boundaries may be expanded.
• Revises powers of the authority, including limits on the use of certain toll revenues and its authority to
enter into certain agreements.
• Modifies provisions regarding lease-purchase agreements.
• Modifies provisions regarding the acquisition of land and property.
• Repeals a required consultation with the Hillsborough City-County Planning Commission and a
provision regarding design standards.
• Makes technical and conforming changes.

The bill does not appear to impact state or local government revenues or expenditures.

The bill is effective upon becoming a law.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Created in 1963, 1 part II of ch. 348, F.S., creates the Tampa-Hillsborough County Expressway
Authority (THEA) as an agency of the state in Hillsborough County.

THEA owns, maintains, and operates four facilities within Hillsborough County: the Selmon
Expressway, the Brandon Parkway, Meridian Avenue , and the Selmon Greenway. All toll revenues
collected on the Selmon Expressway remain in Hillsborough County. In 2014, the Legislature gave
THEA the ability to offer services to counties surrounding Hillsborough County, including Hardee,
Manatee, Pasco, Pinellas, and Polk Counties.2 , 3

The bill creates with the West Florida Expressway Authority (WFEA) to replace THEA, and upon formal
action of Citrus, Hernando, Manatee, Pasco, Pinellas, or Polk County, authorizes WFEA to expand into
any of those counties that take such action.

Definitions

Current Situation
Section 348.51, F.S. defines certain terms for purposes of THEA's governing statute. These definitions
include the following terms, among others:

County means the County of Hillsborough.

Expressway System means, generally, a modern highway system of roads , bridges, causeways, and
tunnels in the metropolitan area of the city, or within any area of the county, with access limited or
unlimited as the authority may determine, and such buildings and structures and appurtenances and
facilities related thereto, including all approaches, streets, roads, bridges, and avenues of access for
such system.

Hillsborough County Gasoline Tax Fund means all the BO-percent surplus gasoline tax funds or 20-
percent surplus gasoline tax funds accruing in each year to the Department of Transportation (DOT) or
the county, as the case may be, for use in Hillsborough County under the provisions of s. 9, Art. XII of
the State Constitution, after deduction, if and only to the extent necessary, of any amounts of said
gasoline tax funds heretofore pledged by DOT or the county for outstanding obligations.

Revenues means all tolls, revenues, rates , fees , charges , receipts , rentals , contributions , and other
income derived from or in connection with the operation or ownership of the expressway system ,
including the proceeds of any use and occupancy insurance on any portion of the system but excluding
any Hillsborough County gasoline tax funds.

Effect of the Bill

The bill amends the definitions of the following terms:

County means each county located within the jurisdictional limits of the authority, including Hillsborough
County and any expansion county as applicable.

1
Ch. 63-447, L.O.F.
2
Ch. 2014-169, L.O.F.
3
Tampa-Hillsborough Expressway Authority, https://www.tampa-xway.com/about-the-authority/# (last visited March 2, 2021).
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Expressway System means a modern highway system of roads, bridges, causeways, and tunnels, with
access limited or unlimited as the authority may determine, and such buildings and structures and
appurtenances and facilities related thereto, including all approaches, streets, roads, bridges, and
avenues of access for such system. A transportation facility must become part of the expressway
system upon the governing board of the authority's designation of such transportation facility as part of
its expressway system.

Revenues means all tolls, revenues, rates, fees, charges, receipts, rentals , contributions , including, but
not limited to contributions of revenues from a county, municipality, or other local governmental entity,
and other income derived from or in connection with the operation or ownership of the expressway
system, including the proceeds of any use and occupancy insurance on any portion of the system .

The bill defines the following terms:

County Gasoline Tax Fund means all the SO-percent surplus gasoline tax funds or 20-percent surplus
gasoline tax funds accruing each year to DOT or the county, as the case may be, for use in a county
under s. 9, Art. XII of the State Constitution, after deduction, if and only to the extent necessary, of any
amounts of such gasoline tax funds pledged by DOT for a county for outstanding obligations.

Expansion County means a county in which the authority constructs or acquires a transportation facility,
which may include Citrus, Hernando, Manatee, Pasco, Pinellas, and Polk Counties.

Expansion Event means the adoption of a resolution or other formal action by the governing body of the
authority for the authority to construct, complete, or acquire a transportation facility located in an
expansion county as to include the expansion county within its jurisdictional limits.

Transportation Facility means the mobile and fixed assets, and the associated real or personal property
or rights, used in the transportation of persons or property by any means of conveyance which the
authority may acquire, construct, and equip pursuant to part II of ch . 348, F.S., and all appurtenances,
including, but not limited to, highways; limited or controlled access lanes, avenues of access, and
facilities; administrative and other office space, for exercise by the authority of the powers and
obligations granted in part II of ch . 348, F.S.

The bill removes the definition of the term "Hillsborough County Gasoline Tax Fund" and makes
technical changes to other definitions.

West Florida Expressway Authority-Creation, Purpose, Powers, Governance, and Expansion

Current Situation
Section 348.52, F.S . creates and establishes a body politic and corporate, an agency of the state, to be
known as the 'Tampa-Hillsborough County Expressway Authority." 4

THEA is created for the purposes and has power to construct, reconstruct, improve, extend, repair,
maintain, and operate the expressway system with such purposes in all respects for the benefit of the
people of the State of Florida, the City of Tampa , and the County of Hillsborough. 5

THEA is granted various powers and duties, including the authority to :
• Sue and be sued ;
• Acquire and hold property;
• Make and enter into lease purchase agreements;
• Fix, alter, charge, establish and collect tolls;
• Borrow money;

4
S. 348.52(1), F.S.
5
S. 348.53, F.S.
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• Secure the payment of bonds by a pledge of all or any portion of the revenues or such other
moneys legally available, including Hillsborough County gasoline tax funds;
• Make contracts and enter into contracts;
• Accept gifts and grants;
• Exercise the power of eminent domain;
• Construct and maintain various utility equipment; and
• With the consent of the county within whose jurisdiction the activities occur, to construct,
operate, and maintain various transportation facilities in other counties.6

THEA's governing body consists of a board of seven members.
• Four members are appointed by the Governor subject to Senate confirmation.
o Each such member's term of office is for four years or until his or her successor is
appointed and qualified.
o Vacancies occurring for any such member prior to the expiration of the affected term is
filled for the unexpired term .
o The Governor may remove from office any such member for cause.
o Each such member, before entering upon his or her official duties, must take and
subscribe to an oath that he or she will honestly, faithfully, and impartially perform the
duties devolving upon him or her in office as a member of the authority and that he or
she will not neglect any duties imposed upon him or her.
• One member is the mayor, or the mayor's designate, who must be the chair of the city council of
the city in Hillsborough County having the largest population (Tampa), according to the latest
decennial census, who serves as an ex officio member.
• One member is a member of the Board of County Commissioners of Hillsborough County,
selected by such board, who serves as an ex officio member.
• One member is the district secretary of the Department of Transportation (DOT) serving in the
district that contains Hillsborough County, who serves as an ex officio member.7

THEA designates one of its members as chair. Authority members are not entitled to compensation but
are entitled to receive reimbursement of their travel and other necessary expenses. 8 A majority of the
members of the authority constitutes a quorum, and resolutions enacted or adopted by a vote of a
majority of the members present and voting at any meeting becomes effective without publication or
posting or any further action of the authority. 9

Effect of the Bill
The bill creates the West Florida Expressway Authority (WFEA) to replace THEA.

The bill provides that immediately on July 1, 2021, WFEA assumes the governance and control of the
expressway system operated by THEA, including its assets, personnel, contracts, obligations, liabilities,
facilities , and tangible and intangible property. Any rights in such property and other legal rights of
THEA are transferred to WFEA. WFEA must immediately succeed to and assume the powers,
responsibilities , and obligations THEA.

The bill provides that the purpose of WFEA is for the benefit of the people of the West Florida region. In
addition to the purposes identified in current law for THEA, the bill adds that in the construction of the
expressway system, WFEA may construct any extensions, additions, or improvements to the system or
appurtenant facilities, including all necessary approaches, roads, bridges, avenues of access, and
boulevards, with any changes, modifications, or revisions of any project which are deemed desirable
and fair.

6
S. 348.54, F.S.
7
S. 348.52(2), F.S.
8
S. 112.061 , F.S.
9
S. 348.52(3), F.S.
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The bill amends the authority's powers to establish tolls by providing that toll revenues attributable to a
toll rate increase for the use of a portion of the expressway system that becomes effective on or after
the date that the jurisdiction of the WFEA is first expanded to include one or more expansion counties
may not be used to construct or expand a different portion of the system unless a two-thirds majority of
the members of the governing board, determined at the time of such vote, votes to approve such use.
However, this provision does not apply to the extent that application of the requirement would:
• Violate any covenant established in a resolution or trust indenture under which bonds were
issued by the authority on or before the first date that the authority's jurisdiction is expanded to
include one or more expansion counties ; or
• Cause the authority to be unable to meet its obligations under the terms of an existing
agreement between THEA and DOT.

The bill authorizes WFEA to enter into partnerships, contracts, and agreements including, but not
limited to, interlocal agreements with any federal, state, or local governmental entity with respect to its
purposes.

The bill removes a provision allowing the authority to construct, operate, and maintain certain
transportation outside of Hillsborough County with consent of the host county.

The bill provides that while WFEA's governing body will initially consist of seven members, it is subject
to increase to no more than 13 members through the addition of a new member for each expansion
county upon the expansion of the WFEA's jurisdiction to include the expansion county.

Four members of the governing body continue to be appointed by the Governor, subject to Senate
confirmation. One of these members must be a resident of Hillsborough County or any expansion
county. A board member currently serving an unexpired term continues to serve the remainder of his or
her unexpired term. Each member, including each member from an expansion county, is subject to
existing provisions regarding terms in office, vacancies, and removal from office. However, the
respective initial term of one or more members representing an expansion county may be for two years
at the sole discretion of the governing board. This is in order to achieve staggered terms of office.

The bill provides that after an expansion event in a particular county, the governing body must be
increased by one additional ex officio voting member for that county, which member must be a member
of the Board of County Commissioners of the county, selected by the Board of County Commissioners.
An increase in board membership is effective on the date that such expansion county member takes
the required oath.

WFEA's jurisdictional boundaries are automatically expanded to include any one or more expansion
counties upon the occurrence of an expansion. However, an expansion event must occur on or before:
• The date that WFEA makes a final written determination to undertake a transportation facility
located within the jurisdictional limits of an expansion county by adding elements of the study,
design, engineering, acquisition, construction, or equipping of such transportation facility to its
work plan; or
• The effective date that WFEA becomes the owner of a transportation facility located in the
jurisdictional limits of an expansion county.

A delay in the designation of an expansion county board member does not affect the expansion of
WFEA's jurisdiction.

This transfer to WFEA is subject to the terms and covenants for the protection of the holders of the
former THEA bonds in the lease-purchase agreement 10 and the resolutions adopted in connection with

10
According to the Florida Department of Transportation, there is no existing lease-purchase agreement between it and THEA.
Department of Transportation, Agency Analysis of2021 House Bill 1283. P.10 (March 5, 2021).
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the issuance of the bonds and any and all bonds issued pursuant to a resolution or trust indenture
subsequent to the lease-purchase agreement. Further, the transfer does not impair the terms of the
contract between WFEA and the bondholders, does not act to the detriment to bondholders, and does
not diminish the security for the bonds.

After the transfer, WFEA must operate and maintain the expressway system and any other facilities in
accordance with the terms, conditions, and covenants contained in the bond resolutions securing
authority bonds. WFEA must collect toll revenues and apply them to the payment of debt service as
provided in the bond resolution securing all bonds and must expressly assume all obligations relating to
all bonds to ensure that the transfer has no adverse impact for the security of all bonds. The transfer
does not make the obligation to pay the principal and interest on the bonds a general liability of WFEA
or pledge additional expressway system revenues to payment of the bonds. Expressway system
revenues that are generated by the expressway system and other facilities of WFEA which were
pledged by THEA to payment of the bonds will remain subject to the pledge for the benefit of the
bondholders.

Meetings via Communications Media Technology

Current Situation
Article 1, section 24(b) of the Florida Constitution states that "[a]II meetings of any collegial public body
of the executive branch of state government or of any collegial public body of a county, municipality,
school district, or special district, at which official acts are to be taken or at which public business of
such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the
legislature shall be open and noticed as provided in Article 111, Section 4(e}, except with respect to
meetings exempted pursuant to this section or specifically closed by this Constitution."

Section 286.011, F.S. provides that except as otherwise provided in the Florida Constitution, all
meetings of any board or commission of any state agency or authority or of any agency or authority of
any county, municipal corporation, or political subdivision where official acts are to be taken are
considered public meetings.

Section 120.54(5)(b}2, F.S., requires the Administration Commission 11 to adopt uniform rules for state
agencies providing procedures for conducting public meetings in person and by means of
communications media technology. 12 These rules provide procedures for agencies to conduct
proceedings using communications media technology. The rules do not permit an agency to conduct
any proceeding otherwise subject to s. 286.011, F.S., exclusively by means of communications media
technology without making provision for the attendance of any member of the public who desires to
attend. 13

A 1998 Attorney General's Opinion concluded thats. 120.54(5)(b)2., F.S., authorizes state boards and
agencies to conduct public meetings via entirely electronic means provided that the board complies
with the Administration Commission's adopted uniform rules of procedure. 14 Based upon the applicable
definition of the term "agency," the authority does not appear to be an agency for purposes of the
Administration Commission's rules. 15

Florida law authorizes any separate legal entity created by interlocal agreement which has member
public agencies located in at least five counties, of which at least three are not contiguous, to conduct
public meetings by means of communications media technology. The participation by member public

11
The Administration Commission is the Governor and Cabinet.
12
Section 120.54(5)(b)2., F.S., defines the term "communications media technology" means the electronic transmission of printed
matter, audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available.
13
Rule 28-109.004(1), F.A.C.
14
98-28 Fla. Op. Att'y Gen. (1998).
15
The definition of the term agency ins. 120.52(1), F.S., specifically excludes expressway authorities created pursuant to ch. 348,
F.S., which includes THEA.
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agencies in a meeting or workshop conducted through communications media technology constitutes
that member's presence at such meeting. 16

While state agencies and certain entities created by an interlocal agreement may conduct meetings
and vote by means of communications media technology, there has been a question over whether or
not local boards or agencies may conduct meetings in the same manner. 17 The Office of Attorney
General rejected a school board's request to conduct board meetings via electronic means. 18 The
Attorney General reasoned thats. 120.54(5)(b)2, F.S., limits its terms only to uniform rules applicable
to state agencies. 19 The Attorney General explained that "allowing state agencies and their boards and
commissions to conduct meetings via communications media technology under specific guidelines
recognizes the practicality of members from throughout the state participating in meetings of the board
or commission." 20 The Attorney General reasoned that a similar rationale is not applicable to local
boards and commissions, even though it may be convenient and save money, because the
representation on these boards and commissions is local, thus "such factors would not by themselves
appear to justify or allow the use of electronic media technology in order to assemble the members for
a meeting." 21 However, if a quorum of a local board is physically present at the public meeting, a board
may allow a member who is unavailable to physically attend the meeting due to extraordinary
circumstances such as illness, to participate and vote at the meeting via communications media
technology. 22

Effect of the Bill
The bill authorizes WFEA meetings and workshops to be conducted using communications media
technology. The notice for any such public meeting or workshop must state that the meeting or
workshop will be conducted through the use of communications media technology, specify how
persons interested in attending may do so, and provide a location where communications media
technology facilities are available. The bill provides that the participation by a member in an authority
meeting or workshop conducted using communications media technology constitutes that member's
presence at such meeting or workshop and counts toward a quorum.

Revenue Bonds for Specified Projects

Present Situation
Existing facilities that constitute the Tampa-Hillsborough County Expressway System are approved to
be refinanced by revenue bonds issued by the Division of Bond Finance23 pursuant to s. 11 (f), Art. VII
of the State Constitution 24 and the State Bond Act25 or by revenue bonds issued by the authority
pursuant to s. 348.56(1)(b), F.S. In addition, the following projects of the THEA are approved to be
financed or refinanced by the issuance of revenue bonds in accordance with part II of ch. 348, F.S.,
and s. 11 (f), Art. VII of the State Constitution:
• Brandon area feeder roads.
• Capital improvements to the expressway system, including safety and operational
improvements and toll collection equipment.
• Lee Roy Selmon Crosstown Expressway System widening, and any extensions thereof.
• The connector highway linking the Lee Roy Selmon Crosstown Expressway to Interstate 4.

16
S. 163.01(18), F.S.
17
Robert Eschenfelder, Modern Sunshine: Attending Public Meetings in the Digital Age, 84 Fla. B.J. 28 (2010).
18
98-28 Fla. Op. Att'y Gen. (1998).
19 Id.
20 Id.
2\'fd.
22 Id.
23
The Division of Bond Finance is part of the State Board of Administration.
24
Section l l(f), Art. VII of the State Constitution provides that each project, building, or facility to be financed or refinanced with
revenue bonds shall first be approved by the Legislature by an act relating to appropriations or by general law.
25
Ss. 215.57-215.83, F.S.
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• Capital projects that THEA is authorized to acquire, construct, reconstruct, equip, operate, and
maintain provided that any financing of such projects does not pledge the full faith and credit of
the state. 26

Effect of the Bill
The bill amends s. 348.565, F.S., to remove references to the current Tampa-Hillsborough County
expressway system and removes the specific approved projects listed above. The bill provides that the
capital projects that WFEA is authorized to acquire, construct, reconstruct, equip, and maintain are
approved to be financed in accordance withs. 11 (f), Art. VII of the State Constitution.

Lease Purchase Agreements

Current Situation
Current law provides that the authority may enter into lease-purchase agreements with the City of
Tampa, Hillsborough County, the state or any agency thereof, including DOT, 27 and any federal agency
relating to and covering the expressway system or any portion thereof. 28 The law provides specific
requirements for the lease purchase agreement. 29

Of note, the statute provides that no pledge of either the 80-percent surplus gasoline tax funds or the
20-percent surplus gasoline tax funds under any such lease-purchase agreement may be made without
the consent of Hillsborough County evidenced by a resolution duly adopted by its board of county
commissioners, nor unless the revenues pledged under the lease-purchase agreement are estimated
by the authority to aggregate during the term of the lease-purchase agreement not less than the
principal amount of the bonds secured thereunder plus interest thereon. 30

Effect of the Bill
The bill provides that a pledge of surplus gasoline tax funds under any lease-purchase agreement may
not be made without the consent of the county as evidenced by a resolution duly adopted by its Board
of County Commissioners, which resolution may authorize the execution and delivery of an interlocal
agreement between WFEA and the county setting forth the terms and provisions for use by the
authority of any such gasoline tax funds.

Acquisition of Land and Property

Current Situation
THEA may acquire 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, as it may deem
necessary for any authorized purposes. This right of eminent domain must be exercised by the
authority in the manner provided by law, in particular ch. 74, F.S. 31

Effect of the Bill
The bill authorizes WFEA to acquire private or public property and property rights as it deems
necessary, 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, and replacement access for landowners whose access is impaired due to the
construction of a transportation facility.

26
S. 348.565, F.S.
27
Pursuant to s. 334.034(16)(b), F.S., DOT is no longer authorized to enter into these agreements.
28
S. 348.60(1), F.S.
29
S. 348.60, F.S.
30
S. 348.60(4), F.S.
31
S. 348.62(1), F.S. Chapter 74, F.S., relates to proceedings supplemental to eminent domain.
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Consultation with Hillsborough County City-County Planning Commission

Current Situation
In determining the route, the design, and the type of construction in connection with constructing the
expressway system, THEA must consult with the Hillsborough County City-County Planning
Commission for consistency with local government comprehensive plans.32

Effect of the Bill
The bill repeals the requirement that the authority consult with the Hillsborough County City-County
Planning Commission as it relates to the expressway system.

Design Standards

Current Situation
Geometric design standards used in connection with constructing the expressway system or any
extension thereof must as nearly as is practicable follow or be superior to design standards adopted for
the National System of Interstate and Defense Highways. 33

Effect of the Bill
The bill repeals these design standards.

Technical and Conforming Changes

The bill makes technical and conforming changes to the following provisions:
• Section 348.545, F.S., relating to facility improvement; bond financing authority.
• Section 348.56, F.S., relating to bonds of.the authority.
• Section 348.57, F.S., relating to refunding bonds.
• Section 348.58, F.S. , relating to remedies.
• Section 348.59, F.S., relating to traffic control.
• Section 348.61 , F.S., relating to DOT may be appointed agent of authority for construction .
• Section 348.63, F.S., relating to cooperation with other units, boards, agencies, and individuals.
• Section 348.64, F.S., providing a covenant of the state,
• Section 348.65, F.S., relating to exemption from taxation.
• Section 348.67, F.S., pledges enforceable for bondholders.
• Section 348.682, F.S., relating to this part complete and additional authority.
• Section 343.975, F.S., relating to complete and additional authority of the Tampa Bay Area
Regional Transit Authority.

The bill provides a direction to the Division of Law Revision and Information to replace the phrase "the
effective date of this act" with the date the bill becomes a law.

The bill has an effective date upon becoming a law.

B. SECTION DIRECTORY:
Section 1 Amends s. 348.50, F.S., providing a title of law.

Section 2 Amends s. 348.51 , F.S., providing definitions.

Section 3 Amends s. 348.52, F.S. , creating the West Florida Expressway Authority.

Section 4 Amends s. 348.53, F.S., providing purposes of the authority.

32
S. 348.68, F.S.
33
S. 348.681 , F.S.
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Section 5 Amends s. 348.54, F.S., providing powers of the authority.

Section 6 Amends s. 348.545, F.S., relating to facility improvement; bonds of the authority.

Section 7 Amends s. 348.56, F.S., relating to bonds of the authority.

Section 8 Amends s. 348.565, F.S., relating to revenue bonds for specified projects.

Section 9 Amends s. 348.57, F.S., relating to refunding bonds.

Section 10 Amends s. 348.58, F.S., providing remedies.

Section 11 Amends s. 348.59, F.S., relating to traffic control.

Section 12 Amends s. 348.60, F.S., relating to lease-purchase agreements.

Section 13 Amends s. 348.61, F.S., relating to department may be appointed agent of authority for
construction.

Section 14 Amends s. 348.62, F.S., relating to the acquisition of land and property.

Section 15 Amends s. 348.63, F.S., relating to cooperation with other units, boards, agencies, and
individuals.

Section 16 Amends . S. 348.64, F.S., providing a covenant of the state.

Section 17 Amends s. 348.65, F.S., providing an exemption from taxation .

Section 18 Amends s. 348.67, F.S. , providing that pledges are enforceable for bondholders.

Section 19 Repeals s. 348.68, F.S., relating to consultation with the Hillsborough County Planning
Commission.

Section 20 Renumbers s. 348.70, F.S., ass. 348.682, F.S., providng that part II of ch. 343, F.S., is
complete and additional authority.

Section 21 Amends s. 343.975, F.S., relating to complete and additional statutory authority, to
conform.

Section 22 Provides a direction to the Division of Law Revision and Information.

Section 23 Provides that the bill is effective upon becoming a law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

111. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds ; reduce the authority that municipalities and counties have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with municipalities
and counties.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking , nor does it require rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to the Department of Transportation (DOT) , the provisions in the bill authorizing DOT to enter
into a lease purchase agreement with WFEA directly conflict withs. 334.044(16)(b), F.S., which
prohibits DOT from entering into lease-purchase agreements with expressway authorities, regional
transportation authorities, or other entities. 34

IV. AMENDMENTS/ COMMITIEE SUBSTITUTE CHANGES

34
Florida Department of Transportation, Agency Analysis of2020 House Bill 1283, p. 10. (March 5, 2021).
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FLOR I DA H O U S E 0 F REPRESENTATIVES

HB 1283 2021

1 A bill to be entitled
2 An act relating to the Tampa-Hillsborough County
3 Expressway Authority; amending s. 348.50, F.S.;
4 renaming the Tampa-Hillsborough County Expressway
5 Authority as the "West Florida Expressway Authority";
6 amending s. 348.51, F.S.; revising and providing
7 definitions; amending s. 348.52, F.S.; providing for
8 the transfer of governance and control, property and
9 legal rights, powers, responsibilities, and
10 obligations of the Tampa-Hillsborough County
11 Expressway Authority to the West Florida Expressway
12 Authority; providing terms and conditions of the
13 transfer; revising composition of the governing body
14 of the authority; revising requirements for
15 membership, terms, and meetings; defining the term
16 "communications media technology"; providing for
17 expansion of the authority's jurisdictional
18 boundaries; amending s. 348.53, F.S.; revising
19 purposes of the authority; authorizing construction of
20 certain facilities within the expressway system;
21 amending s. 348.54, F.S.; limiting the use of certain
22 toll revenues; providing exceptions; deleting
23 provisions relating to interest on gasoline tax funds
24 repaid to Hillsborough County; revising powers of the
25 authority; amending ss. 348.545 and 348.56, F.S.;

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26 conforming provisions to changes made by the act;
27 amending s. 348.565, F.S.; revising projects approved
28 for financing or refinancing through revenue bonds;
29 amending ss. 348.57, 348.58, and 348.59, F.S.;
30 conforming provisions to changes made by the act;
31 amending s. 348.60, F.S.; revising provisions relating
32 to the pledge of surplus gasoline tax funds under a
33 lease-purchase agreement; amending s. 348.61, F.S.;
34 updating terminology; amending s. 348.62, F.S.;
35 specifying lands and property the authority may
36 acquire; amending ss. 348.63, 348.64, 348.65, and
37 348.67, F.S.; conforming provisions to changes made by
38 the act; repealing ss. 348.68 and 348.681, F.S.,
39 relating to consultation with the Hillsborough County
40 City-County Planning Commission and design standards,
41 respectively; renumbering and amending s. 348.70,
42 F.S.; conforming provisions to changes made by the
43 act; amending s. 343.975, F.S.; conforming provisions
44 to changes made by the act; providing a directive to
45 the Division of Law Revision; providing an effective
46 date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 348.50, Florida Statutes, is amended to

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51 read:
52 348.50 Title of law.-This part shall be known and may be
53 cited as the "West Florida Tampa Hillsborough County Expressway
54 Authority Law."
55 Section 2. Section 348.51, Florida Statutes, is amended to
56 read:
57 348.51 Definitions.-As The following terms whenever used
58 or referred to in this part shall have the following meanings,
59 unless e)rnept in tho se instances where the context clearly
60 indicates otherwise, the term:
61 ( 1) "Agency of the state" means and includes the state and
62 any department of, or corporation, agency, or instrumentality
63 heretofore or hereafter created, designated, or established by,
64 the state.
65 ( 2) "Authority" means the body politic, corporate, and
66 agency of the state created by this part.
67 ( 3) "Bonds" means and includes the notes, bonds, refunding
68 bonds, or other evidences of indebtedness or obligations, in
69 either temporary or definitive form, which the authority is
70 authorized to issue pursuant to this part.
71 (4) "Ci ty " FReans the City of Tampa .
72 J..il-f-§-t- "County" means each county located within the
73 jurisdictional limits of the authority, including the County of
74 Hillsborough County and any expansion county, as applicable.
75 (5) "County gasoline tax funds" means all the 80-percent

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76 surplus gasoline tax funds or 20-percent surplus gasoline tax
77 funds accruing in each year to the Department of Transportation
78 or a county, as the case may be, for use in a county under s. 9,
79 Art. XII of the State Constitution, after deduction , if and only
80 to the extent necessary , of any amounts of such gasoline tax
81 funds pledged by the Department of Transportation or a county
82 for outstanding obligations .
83 ( 6) "Department" means the Department of Transportation M
84 Florida and any successor thereto.
85 ( 7) "Expansion county " means a county in which the
86 authority constructs or acquires a transportation facility,
87 which may include Citrus, Hernando, Manatee, Pasco, Pinellas,
88 and Polk Counties.
89 ( 8) "Expansion event" means the adoption of a resolution
90 or other formal action by the governing board of the authority
91 for the authority to construct, complete, or acquire a
92 transportation facility located in an expansion county and to
93 include the expansion county within its jurisdictional limits.
94 (9)-f-++ "Expressway system" or "system" means, generally, a
95 modern highway system of roads, bridges, causeways, and tunnels
96 in the metropolitan area of the city , or within any area of the
97 county, with access limited or unlimited access as the authority
98 may determine, and such buildingsL a-Re: structuresL a-Re:
99 appurtenancesL and facilities related thereto, including all
100 approaches, streets, roads, bridges, and avenues of access for

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101 such system. A transportation facility shall become part of the
102 expressway system of the authority upon the governing board of
103 the authority's designation of such transportation facility as
104 part of its expresswa y system.
105 JlQl_-f-8-+- "Federal agency" means and includes the United
106 States, the President of the United States, and any department
107 of, or bureau, corporation, agency, or instrumentality
108 heretofore or hereafter created, designated, or established by,
109 the United States.
110 ( 9) " Hillsborough County gasoline ta}{ funds " means all the
111 80 percent surplus gasoline taR funds or 20 percent surplus
112 gasoline ta:K fund s accruing in each year to the Department of
113 Transportation or the county , as the cas6 may be , for use in
114 Hillsborough County under the provisions of s. 9, Art. XII of
115 the State Constitution , after deduction , if and only to the
116 mctent necessary , of any am.cunts of said gasoline taM funds
117 heretofore pledged by the Department of Transportation or the
118 county for outstanding obligations .
119 l.ill-f±-G-t- "Lease-purchase agreement" or "l ease purchase
120 agreements" means~ -t-h-e lease-purchase agreement or agreements
121 which the authority may execute is authorized pursuant to this
122 part to enccute.
123 ~-f-l-±+- "Members" means the governing body of the
124 authority, and the term "member" means one of the individuals
125 constituting such governing body.

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126 Jlll.-+H+- "Revenues" means all tolls, revenues, rates,
127 fees, charges, receipts, rentals, contributions, including, but
128 not limited to, contributions of revenues from a county,
129 municipality, or other local governmental entity, and other
130 income derived from or in connection with the operation or
131 ownership of the expressway system, including the proceeds of
132 any use and occupancy insurance on any portion of the system~
133 excluding any Hillsborough County gasoline tax funds.
134 ( 14) "Transportation facility" means the mobile and fixed
135 assets, and the associated real or personal property or rights,
136 used in the transportation of persons or property by any means
137 of conveyance which the authority may acquire, construct, and
138 equip pursuant to this part, and all appurtenances, including,
139 but not limited to, highways; limited or controlled access
140 lanes, avenues of access, and facilities; and administrative and
141 other office space, for the exercise by the authority of the
142 powers and obligations granted in this part.
143 ~-f±--3+ Words importing singular number include the
144 plural number in each case and vice versa, and words importing
145 persons include firms and corporations.
146 Section 3. Section 348.52, Florida Statutes, is amended to
147 read:
148 348.52 West Florida Tampa Hillsborough County Expressway
149 Authority.-
150 (1) There is hereby created and established a body politic

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151 and corporate, an agency of the state, to be known as the "West
152 Florida Tampa Hillsborough County Expressway Authority."
153 (2) (a) Immediately on July 1, 2021, the West Florida
154 Expressway Authority shall assume the governance and control of
155 the expressway system operated by the former Tampa-Hillsborough
156 County Expressway Authority, including its assets, personnel,
157 contracts, obligations , liabilities, facilities, and tangible
158 and intangible property. Any rights in such property and other
159 legal rights of the former Tampa-Hillsborough County Expressway
160 Authority are transferred to the West Florida Expressway
161 Authority. The West Florida Expressway Authority shall
162 immediately succeed to and assume the powers , responsibilities ,
163 and obligations of the former Tampa-Hillsborough County
164 Expressway Authority.
165 (b) The transfer pursuant to this subsection is subject to
166 the terms and covenants provided for the protection of the
167 holders of the former Tampa-Hillsborough County Expressway
168 Authority bonds in the lease-purchase agreement and the
169 resolutions adopted in connection with the issuance of the bonds
170 and any and all bonds issued pursuant to a resolution or trust
171 indenture subsequent to the lease-purchase agreement. Further ,
172 the transfer does not impair the terms of the contract between
173 the West Florida Expressway Authority and the bondholders, does
174 not act to the detriment of the bondholders, and does not
175 diminish the security for the bonds. After the transfer, the

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176 West Florida Expressway Authority shall operate and maintain the
177 expressway system and any other facilities of the West Florida
178 Expressway Authority in accordance with the terms, conditions,
179 and covenants contained in the bond resolutions securing the
180 bonds of the authority. The West Florida Expressway Authority
181 shall collect toll revenues and apply them to the payment of
182 debt service as provided in the bond resolution securing all
183 bonds and shall expressly assume all obligations relating to all
184 bonds to ensure that the transfer has no adverse impact on the
185 security for all bonds. The transfer does not make the
186 obligation to pay the principal and interest on the bonds a
187 general liability of the West Florida Expressway Authority or
188 pledge additional expressway system revenues to payment of the
189 bonds. Expressway system revenues that are generated by the
190 expressway system and other facilities of the West Florida
191 Expressway Authority which were pledged by the former Tampa-
192 Hillsborough County Expressway Authority to payment of the bonds
193 will remain subject to the pledge for the benefit of the
194 bondholders.
195 (3)-f-2-+- The governing body of the authority shall initially
196 consist of a board of seven members but shall be subject to
197 increase to no more than 13 members through the addition of a
198 new member for each expansion county upon the expansion of the
199 authority's jurisdiction to include such expansion county in
200 accordance with subsection (6).

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201 (a) Four of the members shall be appointed by the
202 Governor, one of whom must be a resident of Hillsborough Count y ,
203 and the remainder of whom may be residents of Hillsborough
204 County or any expansion county upon the expansion of the
205 authority's jurisdiction to include such expansion county,
206 subject to confirmation by the Senate at the next regular
207 session of the Legislature. Refusal or failure of the Senate to
208 confirm an appointment shall create a vacancy . A board member
209 currently serving an unexpired term on the former Tampa-
210 Hillsborough County Expressway Authority as of the effective
211 date of this act shall continue to serve the remainder of his or
212 her unexpired term. Each member of the governing board ,
213 including each member representing an expansion count y, shall be
214 subject to the following :
215 1. Each ffi±€ft member's term of office shall be for 4 years
216 or until his or her successor is shall have been appointed and
217 qualified. However, the respective initial term of one or more
218 members representing an expansion county may be for 2 years at
219 the sole discretion of the governing board in order to achieve
220 staggered terms of office for its governing board members.
221 2. A vacancy Vacancies occurring in the governing board
222 beay for any member before such members prior t o the expiration
223 of the affected term shall be filled for the unexpired term.
224 3. The Governor may shall have the authority to remove
225 from office any -stteft member of the governing board beay in the

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226 manner and for cause defined by the laws of this state.
227 4. Each -s-tre-fi member, before entering upon his or her
228 official duties, shall take and subscribe to an oath before an
229 -s-eme official authorized by law to administer oaths that he or

230 she will honestly, faithfully, and impartially perform the
231 duties devolving upon him or her in office as a member of the
232 governing board .eeey of the authority and that he or she will
233 not neglect any duties imposed upon him or her by this part.
234 (b) One member shall be the mayor, or the mayor's designee
235 designate, who shall be the chair of the city council of the
236 city in Hillsborough County having the largest population,
237 according to the latest decennial census, who shall serve as a
238 member ex officio.
239 (c) One member shall be a member of the Board of County
240 Commissioners of Hillsborough County, selected by such board,
241 who shall serve as a member ex officio.
242 (d) One member shall be the district secretary of the
243 department of Transportation serving in the district that
244 contains Hillsborough County, who shall serve as a member ex
245 officio.
246 (e) After the occurrence of an expansion event in a
247 particular expansion county, the governing board shall be
248 increased by one additional ex officio voting member for each
249 such expansion county, which member must be a member of the
250 Board of County Commissioners of such expansion county, selected

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251 by such board of county commissioners. Such increase in board
252 membership shall become effective on the date that such
253 expansion county member takes the oath required under
254 subparagraph (a)4.
255 J..il+-3-t The authority shall designate one of its members as
256 chair. The members of the authority are shall not l:,e entitled to
257 compensation but are shall be entitled to receive their travel
258 and other necessary expenses as provided ins. 112.061. A
259 majority of the members of the authority shall constitute a
260 quorum, and resolutions enacted or adopted by a vote of a
261 majority of the members present and voting at any meeting shall
262 become effective without publication or posting or any further
263 action of the authority.
264 (5) Authority meetings and workshops may be conducted
265 using communications media technology. The notice for any such
266 public meeting or workshop shall state that the meeting or
267 workshop will be conducted through the use of communications
268 media technology, specify how persons interested in attending
269 may do so, and provide a location where communications media
270 technology facilities are available. The participation by a
271 member in an authority meeting or workshop conducted using
272 communications media technology constitutes that member's
273 presence at such meeting or workshop and shall count toward a
274 quorum. For purposes of this subsection, the term
275 "communications media technology" means conference telephone ,

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276 video conference, or other communications technology by which
277 all persons attending a public meeting or workshop ma y audibly
278 communicate.
279 ( 6) The authority's jurisdictional boundaries shall be
280 automatically expanded to include any one or more expansion
281 counties upon the occurrence of an expansion. However, an
282 expansion event must occur on or before:
283 (a) The date that the authority makes a final written
284 determination to undertake a transportation facility located in
285 the jurisdictional limits of an expansion county by adding
286 elements of the study, design, engineering, acquisition,
287 construction , or equ i pping of such transportation facility to
288 its work plan; or
289 (b) The effective date that the authority becomes the
290 owner of a transportation facility located in the jurisdictional
291 limits of an expansion county.
292
293 A delay in the designation of an expansion county board member
294 shall not affect the expansion of the authority's jurisdiction
295 under this p art.
296 J.11_-+4-t The authority may employ a secretary and executive
297 director, its own counsel and legal staff, and such legal,
298 financial, and other professional consultants, technical
299 experts, engineers, and employees, permanent or temporary, as it
300 may require and may determine the qualifications and fix the

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301 compensation of such persons, firms, or corporations. The
302 authority may contract with the Division of Bond Finance of the
303 State Board of Administration for any financial services
304 authorized herein.
305 ~-f§+ The authority may delegate to one or more of its
306 officers or employees such of its powers as it deems shall deem
307 necessary to carry out the purposes of this part, subject always
308 to the supervision and control of the authority. A member
309 Members of the governing board authority may be removed from
310 their office by the Governor for misconduct, malfeasance,
311 misfeasance, or a-R-6: nonfeasance in office.
312 Section 4. Section 348.53, Florida Statutes, is amended to
313 read:
314 348.53 Purposes of the authority.-
315 (1) The purposes of the authority are, and the authority
316 has the is created for the purposes and shall have powerL to
317 construct, reconstruct, improve, extend, repair, maintainL and
318 operate the expressway system. It is hereby found and declared
319 that such purposes are in all respects for the benefit of the
320 people of the State of Florida, the City of Tampa, and the West
321 Florida region County of Hillsborough for the increase of their
322 pleasure, convenience, and welfare; for the improvement of their
323 health; and to facilitate transportation, including managed
324 lanes and other transit supporting facilities, for their
325 recreation and commerce and for the common defense. The

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326 authority is performing a public purpose and a governmental
327 function in carrying out its corporate purpose and in exercising
328 the powers granted in this section herein.
329 (2) In the construction of the expressway system, the
330 authority may construct any extensions, additions, or
331 improvements to the system or appurtenant facilities, including
332 all necessary approaches, roads, bridges, avenues of access, and
333 boulevards, with any changes, modifications, or revisions of any
334 project which are deemed desirable and proper.
335 Section 5. Section 348.54, Florida Statutes, is amended to
336 read:
337 348.54 Powers of the authority.-Except as otherwise
338 limited herein, the authority shall have the power:
339 (1) To sue and be sued, irnplead and be irnpleaded, and
340 complain and defend in all courts.
341 (2) To adopt, use~ and alter at willT a seal.
342 (3) To acquire, purchase, hold, lease as lessee~ and use
343 any franchise, property, real, personal or mixed, tangible or
344 intangible, or any interest therein, necessary or desirable for
345 carrying out the purposes of the authority, and to sell, lease
346 as lessor, transfer~ and dispose of any property or interest
347 therein at any time acquired by it.
348 (4) To construct, reconstruct~ or improve on or along the
349 expressway system suitable facilities for gas stations,
350 restaurants~ and other facilities for the public~7 Such

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35 1 facilities may be publicly offered for leasing for operation
352 under rules and regulations to be established by the authority.
353 (5) To enter into and make lease-purchase agreements as
354 provided ins. 348.60 for terms not exceeding 40 years, or until
355 all bonds secured by a pledge thereunder, and all refundings
356 thereof, are fully paid as to both principal and interest,
357 whichever is longer.
358 (6) To fix, alter, charge, establishL and collect tolls,
359 rates, fees, rentalsL and other charges for the services and
360 facilities of the expressway system, which tolls, rates, fees,
361 rentalsL and other charges shall always be sufficient to comply
362 with any covenants made with the holders of any bonds~T
363 provided , However, 'E-ftfrE- such right and power, or any part
364 thereofL may be assigned or delegated7 by the authority7 to the
365 lessee under a lease-purchase agreement. Toll revenues
366 attributable to a toll rate increase for the use of a portion of
367 the expressway system that become effective on or after the date
368 that the jurisdiction of the authority is first expanded to
369 include any one or more expansion counties may not be used to
370 construct or expand a different portion of the system unless a
371 two-thirds majority of the members of the authority g overning
372 board, determined as of the time of such vote, votes to approve
373 such use. This requirement does not apply if and to the extent
374 that application of the requirement would:
375 (a) Violate any covenant established in a resolution or

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376 trust indenture under which bonds were issued by the authority
377 on or before the first date that the authority's jurisdiction is
378 expanded to include one or more expansion counties; or
379 (b) Cause the authority to be unable to meet its
380 ob l igat ions under the terms of the October 2012 memorandum of
381 agreement between the authority and the department.
382 ( 7) To borrow money and to make and issue negotiable
383 bonds, notes, refunding bonds, and other evidences of
384 indebtedness or obligations, either in temporary or definitive
385 form, referred to hereinafter in this chapter referred to as
386 "bonds of the authority," for the purpose of financing all or
387 part of the improvement or extension of the expressway system
388 and appurtenant facilities, including all approaches, streets,
389 roads, bridges, and avenues of access for the expressway system,
390 and for any other purpose authorized by this part, and to
391 provide for the rights of the holders thereof.
392 (8) To secure the payment of bonds by a pledge of all or
393 any portion of the expressway system revenues or such other
394 moneys legally available therefor and of all or any portion of a
395 county's the Hillsborough County gasoline tax funds in the
396 manner provided by this part; and in general to provide for the
397 security of the bonds and the rights and remedies of the holders
398 thereof. Interest upon the aFRount of gasoline taM funds to be
399 repaid to the county pursuant to s. 348 . 60 shall be payable , at
400 the highest rate applicable to any outstandin g bonds 0£ the

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401 a u thority, out of revenues and other available moneys not
402 required to meet the authority's obl igations to its bondholders.
403 The authority may not, shall have no power at any time or in any
404 mannerL te pledge the credit or taxing power of the state or any
405 political subdivision or agency thereof, including~ 'E-fie city
406 and a 'E-fie county, nor shall any of the authority's obligations
407 be deemed to be obligations of the state or of any political
408 subdivision or agency thereof, nor shall the state or any
409 political subdivision or agency thereof, except the authority,
410 be liable for the payment of the principal of or interest on
411 such obligations.
412 (9) To make contracts of every name and nature and to
413 execute all instruments necessary or convenient for the carrying
414 on of its business.
415 (10) Without limitation of the foregoing, to borrow money
416 and accept gifts or grants from, and to enter into contracts,
417 leasesL or other transactions withL any federal agency, the
418 state, any agency of the state,~ 'E-fie county,~ 'E-fie cityL or
419 -w-i-8:r any other public body of the state or any other person and
420 to comply with the terms and conditions thereof.
421 (11) To have the power Of eminent domain.
422 (12) To construct and maintain over, under, along, or
423 across the expressway system7 telephone, telegraph, television,
424 electric powerL and other wires or cables, pipelines, water
425 mainsL and other conduits and mechanical equipment 7 not

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426 inconsistent with the appropriate use of the system, or to
427 contract for such constructionLT andL upon such terms and
428 conditions as the authority determines shall determine, to lease
429 all or any part of such property and facilities or the right to
430 use such property and facilities the same whether such
431 facilities are constructed by the authority or under a contract
432 for such construction, for a period of not more than 20 years
433 from the date when such lease is made.
434 ( 13) To do all acts and things necessary or convenient for
435 the conduct of its business and the general welfare of the
436 authority7 in order to carry out the powers granted to it by
437 this part or any other law.
438 (14) To enter into partnerships, contracts, and
439 agreements, including, but not limited to, interlocal
440 agreements, with any federal, state, or local governmental
441 entity with respect to the purposes of this part.
442
443 Before entering into any sale, lease, transfer, or disposition
444 of its real properties under subsection (3)· , leasing any of its
445 facilities under subsection (4), or taking final action under
446 subsection (7), the authority shall give notice thereof by
447 publication on at least 5 separate days in a newspaper of
448 general circulation in the affected county. Such notice shall
449 state the place and time, not less than 14 days after the first
450 such publication, when ob j ections may be filed with and heard by

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451 the authority.
452 (14) Prior to entering into any sale , lease, transfer or
453 disposition of its real properties pursuant to subsection (3) ,
454 leasing any of its facilities pursuant to subsection (4) , or
455 taking final action under subsection (7) , the authority shall
456 give notice thereof by publication on at least 5 separate days ,
457 in a newspaper of general circulation in the county . Such notice
458 shall state the place and time , not less than 14 days following
459 the first such publication , when objections may be filed with
460 and heard by the authority.
461 (15) With the consent of the county within whose
4 62 jurisdiction the activities occur , to construct , operate , and
463 maintain roads , bridges, avenues of access, thoroughfares , and
464 boulevards and managed lanes and other transit supporting
465 facilities E>Utsidc of the jurisdictional boundaries of
466 Hillsborough County and within the jurisdictional boundaries of
467 counties contiguous to Hillsborough County , together with the
468 right to construct , repair , replace , operate , install, and
469 maintain such facilities and electronic toll paYffient systems
4 70 thereon or incidental thereto , with all necessary and incidental
471 powers to accomplish the foregoing.
472 Section 6. Section 348.545, Florida Statutes, is amended
473 to read:
474 348.545 Facility improvement; bond financing authority.-
475 Pursuant to s. ll(f), Art. VII of the State Constitution, the

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476 Legislature hereby approves for bond financing by the West
477 Florida Tampa Hillsborough County Expressway Authority
478 improvements to toll collection facilities, interchanges to the
479 legislatively approved expressway system, and any other facility
480 appurtenant, necessary, or incidental to the approved system.
481 Subject to terms and conditions of applicable revenue bond
482 resolutions and covenants, such costs may be financed in whole
483 or in part by revenue bonds issued pursuant to s. 348.56(1) (a)
484 or (b), whether currently issued or issued in the future, or by
485 a combination of such bonds.
486 Section 7. Section 348.56, Florida Statutes, is amended to
487 read:
488 348.56 Bonds of the authority.-
489 (1) (a) Bonds may be issued on behalf of the authority
490 pursuant to the State Bond Act.
491 (b) Alternatively, the authority may shall have the power
492 and is hereby authorized from time to time -t-e issue bonds in
493 such principal amount as, in the opinion of the authority, shall
494 be necessary to provide sufficient moneys for achieving its
495 corporate purposes, including construction, reconstruction,
496 improvement, extension, repair, maintenanceL and operation of
497 the expressway system, the cost of acquisition of all real
498 property, interest on bonds during construction and for a
499 reasonable period thereafter, establishment of reserves to
500 secure bonds, and all other expenditures of the authority

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501 incident to and necessary or convenient to carry out its
502 corporate purposes and powers.
503 (2) (a) Bonds issued by the authority pursuant to paragraph
504 (1) (a) or paragraph (1) (b) shall be authorized by resolution of
505 the members of the authority and shall bear such date or dates,
506 mature at such time or times, not exceeding 40 years from their
507 respective dates, bear interest at such rate or rates, not
508 exceeding the maximum rate fixed by general law for authorities,
509 be in such denominations, be in such form, either coupon or
510 fully registered, carry such registration, exchangeabilityL and
511 interchangeability privileges, be payable in such medium of
512 payment and at such place or places, be subject to such terms of
513 redemptionL and be entitled to such priorities of lien on the
514 revenues, other available moneys, and any the Hillsborough
515 county gasoline tax funds as such resolution or any resolution
516 subsequent thereto may provide. The bonds shall be executed
517 either by manual or facsimile signature by such officers as the
518 authority determines shall determine , provided that such bonds
519 shall bear at least one signature that which is manually
520 executed thereon. The coupons attached to such bonds shall bear
521 the facsimile signature or signatures of such officer or
522 officers as shall be designated by the authority. Such bonds
523 shall have the seal of the authority affixed, imprinted,
524 reproduced, or lithographed thereon.
525 (b) The bonds issued pursuant to paragraph (1) (a) or

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526 paragraph (1) (b) shall be sold at public sale in the same manner
527 provided in the State Bond Act. However, if the authority
528 determines, by official action at a public meeting, that a
529 negotiated sale of such bonds is in the best interest of the
530 authority, the authority may negotiate the sale of such bonds
531 with the underwriter or underwriters designated by the authority
532 and the Division of Bond Finance within the State Board of
533 Administration with respect to bonds issued pursuant to
534 paragraph (1) (a) or solely by the authority with respect to
535 bonds issued pursuant to paragraph (1) (b). The authority's
536 determination to negotiate the sale of such bonds may be based,
537 in part, upon the written advice of the authority's financial
538 adviser. Pending the preparation of definitive bonds, temporary
539 bonds or interim certificates may be issued to the purchaser or
540 purchasers of such bonds and may contain such terms and
541 conditions as the authority determines may determine.
542 (3) Any such resolution or resolutions authorizing any
543 bonds may contain provisions that which shall be part of the
544 contract with the holders of such bonds, as to:
545 (a) The pledging of all or any part of the expressway
546 system revenues, the Hillsborough county gasoline tax funds, or
547 other moneys lawfully available therefor.
548 (b) The construction, reconstruction, improvement,
549 extension, repair, maintenance, operation, leaseL or lease-
550 purchase of the expressway system, or any part or parts thereof,

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551 and the duties and obligations of the authority and others,
552 including the department, with reference thereto.
553 (c) Limitations on the purposes to which the proceeds of
554 the bonds, then or thereafter to be issued, or of any loan or
555 grant by any federal agency or the state or any political
556 subdivision thereof may be applied.
557 (d) The fixing, charging, establishing, revising,
558 increasing, reducingL and collecting of tolls, rates, fees,
559 rentals, or other charges for use of the services and facilities
560 of the expressway system or any part thereof.
561 ( e) The setting aside of reserves or of sinking funds and
562 the regulation and disposition thereof.
563 (f) Limitations on the issuance of additional bonds.
564 (g) The terms and provisions of any lease-purchase
565 agreement, deed of trustL or indenture securing the bonds 7 or
566 under which such bonds -s-ame may be issued.
567 (h) Any other or additional matters 7 of like or different
568 character7 which in any way affect the security or protection of
569 the bonds.
570 (4) The authority may enter into any deeds of trust,
571 indenturesL or other agreements with any bank or trust company
572 within or without the state, as security for such bonds, and
573 may, under such agreements, assign and pledge all or any of the
574 expressway system revenues and other available moneys, including
575 all or any portion of any the Hillsborough county gasoline tax

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576 funds, pursuant to the terms of this part. Such deed of trust,
577 indenture~ or other agreementT may contain such provisions as
578 are customary in such instruments or as the authority may
579 authorize, including, but not limited to without liffiitation,
580 provisions as to:
581 (a) The pledging of all or any part of the expressway
582 s ystem revenues, any the Hillsborough county gasoline tax funds,
583 or other moneys lawfully available therefor.
584 (b) The application of funds and the safeguarding of funds
585 on hand or on deposit.
586 (c) The rights and remedies of the trustee and the holders
587 of the bonds.
588 (d) The terms and provisions of the bonds or the
589 resolutions authorizing the issuance of such bonds the same.
590 (e) Any other or additional mattersT of like or different
591 characterT which in any way affect the security or protection of
592 the bonds.
593 (5) Any of The bonds issued pursuant to this part are, and
594 arc hereby declared to be , negotiable instrumentsT and shall
595 have all the qualities and incidents of negotiable instruments
596 under the law merchant and the negotiable instruments law of the
597 state.
598 ( 6) It is the intention hereof that any pledge made by the
599 authority shall be valid and binding from the time when the
600 pledge is made; that the moneys so pledged and thereafter

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601 received by the authority shall immediately be subject to the
602 lien of such pledge without any physical delivery thereof or
603 further act, and that the lien of any such pledge shall be valid
604 and binding as against all parties having claims of any kind in
605 tort, contractL or otherwise against the authorityL irrespective
606 of whether such parties have notice thereof. A Neither the
607 resolution or nor any other instrument by which a pledge is
608 created is not required to -nee-el be recorded.
609 (7) A member or other Neither the :members R.or any person
610 executing the bonds is not shall be liable personally on the
611 bonds or be subject to any personal liability or accountability
612 by reason of the issuance thereof.
613 (8) The authority may, shall have power out of any funds
614 available thereforL -t-e purchase bonds, which shall thereupon be
615 canceled, at a price not exceeding, if the bonds are then
616 redeemable, the redemption price then applicable plus accrued
617 interest to the next date of redemption thereof, or if the bonds
618 are not then redeemable, the redemption price applicable on the
619 first date after such purchase upon which the bonds become
620 subject to redemption plus accrued interest to such -s-a±e: date.
621 Section 8. Section 348.565, Florida Statutes, is amended
622 to read:
623 348.565 Revenue bonds for specified projects.-The existing
624 facilities that constitute the Tampa Hillsborough County
625 expressway system are hereby approved to be refinanced by

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626 revenue bonds issued by the Division of Bond Finance of the
627 State Board of Administration pursuant to s. ll(f), Art. VII of
628 the State Constitution and the State Bond Act or by revenue
629 bonds issued by the authority pursuant to s. 348. 56 (1) (b). In
630 addition, the capital projects that the authority is authorized
631 to acquire, construct, reconstruct, equip, operate, and maintain
632 under this part following projects of the Tampa Hillsborough
633 County Expressway Authority are approved to be financed or
634 refinanced by the issuance of revenue bonds in accordance with
635 this part ands. ll(f), Art. VII of the State Constitution7
636 (1) Brandon area feeder roads.
637 (2) Capital improvements to the expressway system,
638 including safety and operational improvements and toll
639 collection equipment.
640 (3) Lee Roy Selmon Crosstown Expressway System widening,
641 and any cJttensions thereof.
642 (4) The connector highway linking the Lee Roy Selmon
643 Crosstown E1cpresmmy to Interstate 4.
644 (5) Capital projects that the authority is authorized to
645 acquire, construct , reconstruct, equip, operate, and maintain
646 pursuant to this part, including, without limitation, s.
647 348.54(15), provided that any financing of such projects does
648 not pledge the full faith and credit of the state.
649 Section 9. Section 348.57, Florida Statutes, is amended to
650 read:

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651 348.57 Refunding bonds.-
652 (1) Subject to public notice as provided ins. 348.54, the
653 authority may is authorized to provide by resolution for the
654 issuance from time to time of bonds pursuant to s. 348. 56 (1) (b)
655 for the purpose of refunding any bonds then outstanding
656 regardless of whether the bonds being refunded were issued by
657 the authority pursuant to this chapter or on behalf of the
658 authority pursuant to the State Bond Act. The authority is
659 further authorized to provide by resolution for the issuance of
660 bonds for the combined purpose of:
661 (a) Paying the cost of constructing, reconstructing,
662 improving, extending, repairing, maintainingL and operating the
663 expressway system.
664 (b) Refunding bonds then outstanding. The authorization,
665 saleL and issuance of such obligations, the maturities and other
666 details thereof, the rights and remedies of the holders thereof,
667 and the rights, powers, privileges, dutiesL and obligations of
668 the authority with respect to such bonds the same shall be
669 governed by the foregoing provisions of this part insofar as t"fie
670 -8-affie may be applicable.
671 ( 2) In the event that the authority determines shall
672 determine to issue bonds for the purpose of refunding any
673 outstanding bonds before prior to the maturity thereof, the
674 proceeds of such refunding bonds may, pending the redemption of
675 the bonds to be refunded, be invested in direct obligations of

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676 the United States. It is the express intention of this part that
677 outstanding bonds may be refunded and retired by and upon the
678 issuance of bonds notwithstanding that all or a portion of such
679 outstanding bonds will not mature or become redeemable until
680 after the date of issuance of such refunding bonds.
681 Section 10. Section 348.58, Florida Statutes, is amended
682 to read:
683 348.58 Remedies.-
684 (1) The rights and tfre remedies herein conferred upon or
685 granted to the bondholders shall be in addition to and not in
686 limitation of any rights and remedies lawfully granted to such
687 bondholders by the resolution or resolutions or indenture
688 providing for the issuance of bonds, or by any lease-purchase
689 agreement, deed of trust, indentureL or other agreement under
690 which the bonds may be issued or secured. In the event that the
691 authority defaults shall default in the payment of the principal
692 of or interest on any of the bonds issued pursuant to tfre
693 provisions of this part after such principal of or interest on
694 the bonds has shall have become due, whether at maturity or upon
695 call for redemption, as provided in said resolution or
696 indenture, or in the event that the lessee defaults shall
697 default in any payments under, or covenants made in, any lease-
698 purchase agreement and such default continues shall continue for
699 a period of 30 days, or in the event that the authority or the
700 lessee fails shall fail or refuses refuse to comply with tfre

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701 provisions of this part or any agreement made with, or for the
702 benefit of, the holders of the bonds, the holders of 25 percent
703 in aggregate principal amount of the bonds then outstanding
704 shall be entitled as of right to the appointment of a trustee to
705 represent such bondholders for the purposes hereof~ ; provided,
706 However, that such holders of 25 percent in aggregate principal
707 amount of the bonds then outstanding must ohall have first give
708 gi~-en written notice of their intention to appoint a trustee , to
709 the authority and to such lessee written notice of their
710 intention to appoint a trustee.
711 (2) Such trustee, and any trustee under any deed of trust,
712 indentureL or other agreement, may, and upon written request of
713 the holders of 25 percent, or such other percentages as may be
714 specified in any deed of trust, indentureL or other agreement
715 aforesaid, in principal amount of the bonds then outstanding,
716 shall, in any court of competent jurisdiction, in his, her, or
717 its own name:
718 (a) By mandamus or other suit, actionL or proceeding at
719 law, or in equity, enforce all rights of the bondholders,
720 including the right to require the authority to fix, establish,
721 maintain, collectL and charge rates, fees, rentals, and other
722 charges, adequate to carry out any agreement as to, or pledge
723 of, the expressway system revenues, and to require the authority
724 to carry out any other covenants and agreements with or for the
725 benefit of the bondholders, and to perform its and their duties

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726 under this part.
727 (b) By mandamus or other suit, actionL or proceeding at
728 law, or in equity, enforce all rights of the bondholders under
729 or pursuant to any lease-purchase agreement, including the right
730 to require the lessee to make all rental payments required to be
731 made by it under the provisions of any such lease-purchase
732 agreement, whether from the Hillsborough county gasoline tax
733 funds or other funds so agreed to be paid and to require the
734 lessee to carry out any other covenants and agreements with or
735 for the benefit of the bondholders and to perform its and their
736 duties under this part.
737 (c) Bring suit upon the bonds.
738 (d) By action or suit in equity require the authority or
739 any lessee under any lease-purchase agreement to account as if
740 it were the trustee of an express trust for the bondholders.
741 (e) By action or suit in equityL enjoin any acts or things
742 that which may be unlawful or in violation of the rights of the
743 bondholders.
744 (3) Any trustee when appointed as aforesaid, or acting
745 under a deed of trust, indentureL or other agreement, and
746 regardless of whether or not all bonds have been declared due
747 and payable, shall be entitled as of right to the appointment of
748 a receiver, who may enter upon and take possession of the
749 expressway system or the facilities or any part or parts
750 thereof, the expressway system revenuesL and other pledged

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751 moneys and, subject to and in compliance with the provisions of
752 any lease-purchase agreement, operate and maintain the same 7 for
753 and on behalf of and in the name of7 the authority, the lesseeL
754 and the bondholders, and collect and receive all expressway
755 system revenues and other pledged moneys in the same manner as
756 the authority or the lessee might do, and shall deposit all such
757 revenues and moneys in a separate account and apply the same in
758 such manner as the court directs shall direct. In any suit,
759 actionL or proceeding by the trustee, the fees, counsel fees,
760 and expenses of the trustee, and such -s-a-i-6: receiver, if any, and
761 all costs and disbursements allowed by the court shall be a
762 first charge on any expressway system revenues. Such trustee
763 shall, in addition to the foregoing, have and possess all of the
764 powers necessary or appropriate for the exercise of any
765 functions specifically set forth herein or incident to the
766 representation of the bondholders in the enforcement and
767 protection of their rights.
768 (4) ~1othing in This section or any other section of this
769 part does not shall authorize any receiver appointed pursuant
770 hereto for the purpose, subject to and in compliance with -t-fte
771 provisions of any lease-purchase agreement, of operating and
772 maintaining the expressway system or any facilities or part or
773 parts thereof7 to sell, assign, rnortgageL or otherwise dispose
774 of any of the assets of whatever kind and character belonging to
775 the authority. It is the intention of this part to limit the

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776 powers of such receiver, subject to and in compliance with~
777 provisions of any lease-purchase agreement, to the operation and
778 maintenance of the system, or any facility or part or parts
779 thereof, as the court directs may direct, in the name and for
780 and on behalf of the authority, the lesseeL and the bondholders,
781 and~ fie- holder of bonds or a nor any trustee does not, shall
782 ever- have the right in any suit, actionL or proceeding at law,
783 or in equity, to compel a receiver, nor shall any receiver be
784 authorizedL or any court be empowered to direct the receiver, to
785 sell, assign, mortgageL or otherwise dispose of any assets of
786 whatever kind or character belonging to the authority.
787 Section 11. Section 348.59, Florida Statutes, is amended
788 to read:
789 348.59 Traffic control.-
790 (1) In addition to the powers conferred by the statutes of
791 the state and by c i t y ~ ordinances of the city, the authority
792 may adopt is hereby authorized to promulgate such rules and
793 regulations for the use and occupancy of the expressway system
794 as may be necessary and proper for the public safety and
795 convenience, for the preservation of its property~ and for the
796 collection of tolls.
797 (2) The enforcement of the rules and regulations of the
798 authority and of those provisions of the statutes and ordinances
799 applicable to the expressway system may be b y ~ ~ city police
800 department or a-n-e sheriff of~ Hillsborough county within the

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801 jurisdiction of which a transportation facility is located.7
802 provided , However, tfta-'E- at the request of the authority, such
803 enforcement shall also be the duty of the Florida Highway
804 Patrol. Violators shall be apprehended and prosecuted in the
805 same manner as provided for the apprehension and prosecution of
806 violators of such statutes and ordinances who commit violations
807 thereof upon streets, roadsL and thoroughfares in the state.
808 Section 12. Section 348.60, Florida Statutes, is amended
809 to read:
810 348.60 Lease-purchase agreements.-
811 (1) In order to effectuate the purposes of this part, the
812 authority may enter into lease-purchase agreements with a -Hte
813 city, ~ -Hte county, or the state or any agency thereof,
814 including the department, and any federal agency relating to and
815 covering the expressway system or any portion thereof.
816 (2) Such lease-purchase agreements may provide for the
817 leasing of the expressway system or any portion thereof by the
818 authority as lessor to any one or more of the aforementioned
819 governmental entities or agencies as lessee, shall prescribe the
820 term of such lease and the rentals to be paid thereunder, and
821 may provide that upon the completion of the faithful performance
822 thereunder and the termination of such lease-purchase
823 agreements, title in fee simple absolute to the expressway
824 system, as then constituted, shall be transferred in accordance
825 with law by the authority to such lessee or otherwise as

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826 provided in such agreements. In the event of such transfer to
827 the lessee, the authority shall deliver to such lessee such
828 deeds and conveyances as shall be necessary or convenient to
829 vest title in fee simple absolute in such lessee.
830 (3) The lease-purchase agreements may include such other
831 provisions, agreementsL and covenants as the authority and the
832 lessee deem advisable or necessary, includingL but not limited
833 toL provisions with respect to bondsLT the construction,
834 reconstruction, extension, improvements, operation, repair, and
835 maintenance of the expressway systemLT the expenses and costs of
836 operation of the system and of the authorityLT the charging and
837 collecting of tolls, rates, feesL and other charges for the use
838 of the services and facilities thereofLT the application of
839 federal, stateL or other grants or aid that which may be made or
840 given to assist the authorityLT the enforcement of payment and
841 collection of rentalsL and any other terms, provisionsL or
842 covenants necessary, incidentalL or convenient to the making of
843 and full performance under such lease-purchase agreements.
844 (a) In the event the department is a lessee under any such
845 lease-purchase agreement, the department may it is authorized to
846 pay as rentals thereunder in addition to the expressway system
847 revenues accruing thereto from the operation of the expressway
848 system, all or any portion of the Hillsborough county gasoline
849 tax funds and may also pay as rentals any appropriations
850 received by the department pursuant to any act of the

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HB 1283 2021

851 Legislature~ heretofore or hereafter enacted; provided, However,
852 'E-fta-t nothing herein or fte-r in such lease-purchase agreement

853 requires shall be cons.trued to require the Legislature to make
854 or continue such appropriations, and a nor shall any holder of
855 bonds does not ever have any right to require the Legislature to
856 make or continue such appropriations.
857 (b) In the event~ 'Efie county is a lessee under any such
858 lease-purchase agreement, the county may it shall be authorized
859 te pay as rentals thereunder in addition to the expressway
860 revenues accruing to the county from the operation of the
861 expressway system all or any part of the 20-percent surplus
862 gasoline tax funds accruing to !he Hillsborough county.
863 (4) ~ Ne pledge of either the 80 percent surplus gasoline
864 tax funds or the 20 percent surplus gasoline tax funds under any
865 such lease-purchase agreement may not shall be made without the
866 consent of the county evidenced by a resolution duly adopted by
867 its board of county commissioners, which resolution may
868 authorize the execution and delivery of an interlocal agreement
869 between the authority and the county setting forth the terms and
870 provisions for the use by the authority of any such gasoline tax
871 funds nor unless the revenues pledged under any such lease
872 purchase agreements are estimated by the authority to aggregate
873 during the term of such lease purchase agreements not less than
874 the principal amount of the bonds secured thereunder plus
875 interest thereon. Such resolution, among other things shall

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HB 1283 2021

876 provide that any excess of such pledge of the Hillsborough
877 County gasoline tax funds which is not required for debt service
878 or reserves for such debt service for any bonds shall be
879 returned annually to the appropriate board or agency for
880 distribution to the county as provided by law; and shall
881 provide, further , that any Hillsborough County gasoline tmc
882 funds actually e>cpendcd for such debt service, shall be repaid
883 with interest out of revenues and other available moneys not
884 required to FReet the authority's obligations to its bondholders ,
885 as determined by the authority.
886 (5) ~Arty-lessee under any such lease-purchase agreement
887 may agreements shall have power to covenant therein that it will
888 pay all or any part of the cost of the operation, maintenance,
889 repair, renewal~ and replacement of the expressway system, and
890 any part of the cost of completing such system, to the extent
891 that the proceeds of bonds issued therefor are insufficient,
892 from sources other than expressway system revenues and
893 Hillsborough county gasoline tax funds. Arty- Such lessee may also
894 agree to make such other payments from moneys available to a tbe
895 county,~ tbe city, the authority~ or the department in
896 connection with the construction or completion of the expresswa y
897 -&ti-eh- system as shall be deemed by such lessee to be fair and
898 proper under any such covenants heretofore or hereafter entered
899 into.
900 ( 6) The expressway system shall be a part of the state

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HB 1283 2021

901 road system. The department may is hereby authorized, upon
902 request of the authority, t:--e expend out of any funds available
903 for the purpose 7 such moneys, and to use such of its engineering
904 or other forces, as may be necessary and desirable in the
905 judgment of the department 7 for the operation of the authority
906 and for traffic surveys, borings, surveys, preparation of plans
907 and specifications, estimates of costs, preliminary engineeringL
908 and other studies.
909 Section 13. Section 348.61, Florida Statutes, is amended
910 to read:
911 348.61 Department may be appointed agent of authority for
912 construction.-The department may be appointed by the authority
913 as its agent for the purpose of constructing, reconstructing,
914 improving, extendingL or repairing the expressway system. In
915 such event, the authority shall provide the department with
916 complete copies of all documents, agreements, resolutions,
917 contractsL and instruments relating thereto and shall request
918 the department to do such construction workL including the
919 planning, surveyingL and actual construction involvedL and shall
920 transfer to the credit of an account of the department in the
921 Treasury of the state the necessary funds therefor. The
922 department shall then thereupon be authorized, empoweredL and
923 directed to proceed with such construction work and to use such
924 the said funds for such purpose and in the same manner that it
925 is now authorized to use the funds otherwise authorized by law

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HB 1283 2021

926 for its use in construction of roads and bridges.
927 Section 14. Section 348.62, Florida Statutes, is amended
928 to read:
92 9 348.62 Acquisition of lands and property.-
930 (1) For the purpose of this part, The authority may
931 acquire private or public property and property rightsL
932 including rights of access, air, viewL and lightL by gift,
933 devise, purchaseL or condemnation by eminent domain proceedings,
934 as the authority deems fflay decffl necessary for any of the
935 purposes of this part, including, but not limited to, any lands
936 reasonably necessary for securing applicable permits , areas
937 necessary for management of access, borrow pits, drainage
938 ditches, water retention areas, rest areas, and replacemen t
939 access for landowners whose access is impaired due to the
940 construction of a transportation facility. The right of eminent
941 domain herein conferred in this subsection shall be exercised by
942 the authority in the manner provided by law, in particular
943 chapter 74.
944 (2) The authority may acquire such rights, title,
945 interestL or easements in such lands and property as it deems
946 fflay dceffl necessary for any of the purposes of this part.
947 (3) In connection with the acquisition of property or
948 property rights as herein provided in this section, the
949 authority mayL in its discretion, acquire an entire lot, block,
950 parcelL or tract of land, if by so doing the interest of the

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HB 1283 2021

951 public will be best served, even though such entire lot, block,
952 parcelL or tract is not immediately needed for the right-of-way
953 proper.
954 Section 15. Section 348.63, Florida Statutes, is amended
955 to read:
956 348.63 Cooperation with other units, boards, agenciesL and
957 individuals.-Express authority and power is hereby given and
958 granted to any county, municipality, drainage district, road and
959 bridge district, school districtL or any other political
960 subdivision, board, authority, corporationL or individual in or
961 of the state to make and enter into with the authorityT
962 contracts, leases, conveyancesL or other agreements within the
963 provisions and purposes of this part. The authority may 4-s-
964 hercby eJcpressly authorized to make and enter into contracts,
965 leases, conveyancesL and other agreements with any political
966 subdivision, agencyL or instrumentality of the state and any and
967 all federal agencies, corporationsL and individuals for the
968 purpose of carrying out the provisions of this part.
969 Section 16. Section 348.64, Florida Statutes, is amended
970 to read:
971 348.64 Covenant of the state.-The state pledges €lee-s-
972 hereby pledge to and agrees agree with the holders from time to
973 -t-ime of the bonds that the state will not limit or alter the
974 rights hereby vested in the authority, the department,~ th-e
975 countyL and a th-e city to collect expressway system revenuesL

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HB 1283 2021

976 and Hillsborough county gasoline tax funds, and any other moneys
977 and to fulfill the terms of any agreements made with the holders
978 of bonds or to in any way impair the rights and remedies of such
979 holders until such bonds and the interest due thereon have been
980 paid. The state aee-s- further pledges pledge to and agrees agree
981 with the United States and any federal agency that~ in the event
982 any federal agency constructs shall construct or contributes
983 contribute funds for the construction, reconstruction,
984 extensionL or improvement of the expressway system or any part
985 thereofL the state will not alter or limit the rights of the
986 authority, the department,~ -t-fie countyL or~ -t-fie city in any
987 manner which would be inconsistent with the continued
988 maintenance or operation of the system or the construction,
989 reconstruction, extensionL or improvement thereof and which
990 would be inconsistent with the due performance of any agreements
991 between the authority and any such federal agency. The
992 authority, the department,~ -t-fie countyL and a -t-fie- city shall
993 continue to have and may exercise all powers herein granted so
994 long as such powers are the same shall be necessary or desirable
995 for the carrying out of the purposes of this part.
996 Section 17. Section 348.65, Florida Statutes, is amended
997 to read:
998 348.65 Exemption from taxation.-The effectuation of the
999 authorized purposes of the authority created under this part is 7
1000 shall and will be in all respects for the benefit of the people

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HB 1283 2021

1001 of the state for the increase of their commerce and7 prosperity
1002 and for the improvement of their health and living conditions.
1003 Since the authority will perform essential governmental
1004 functions in effectuating such purpose, the authority is shall
1005 not ee required to pay a-Ry taxes or assessments of any kind e-r
1006 nature whatsoever upon any property acquired or used by it for
1007 such purposes or upon any expressway system revenues at any time
1008 received by it. The bonds, their transferL and the income
1009 therefrom, including any profits made on the sale thereof, are
1010 shall at all times be free from taxation of any kind by the
1011 state or by any political subdivision or other taxing agency or
1012 instrumentality thereof. The exemption granted by this section
1013 does not apply shall not be applicable to any tax imposed by
1014 chapter 220 on interest, income, or profits on debt obligations
1015 owned by corporations.
1016 Section 18. Section 348.67, Florida Statutes, is amended
1017 to read:
1018 348.67 Pledges enforceable for bondholders.-It is the
1019 intent c1cprcss intention of this part that any pledge of
1020 expressway system revenues, Hillsborough county gasoline tax
1021 fundsL or other funds either as rentals to the authority or for
1022 the payment of the principal of and interest on bonds, or any
1023 covenant or agreement relative theretoL may be enforceable in
1024 any court of competent jurisdiction against the authority or
1025 directly against the department,~ -tfte countyL or a -tfte city, as

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HB 1283 2021

1026 may be appropriate.
1027 Section 19. Sections 348.68 and 348.681, Florida Statutes,
1028 are repealed .
1029 Section 20. Section 348.70, Florida Statutes, is
1030 renumbered as section 348.682, Florida Statutes, and amended to
1031 read:
1032 348 . 682 348.70 This part complete and additional
1033 authority.-
1034 (1) The powers conferred by this part are shall be in
1035 addition and supplemental to the existing respective powers of
1036 the authority, the department, a 'Efie county, and~ 'Efie city, if
1037 any, and this part does shall not repeal be construed as
1038 repealing any of the provisions of any other law, general,
1039 special, or local, but supersedes sha l l be deemed to supersede
1040 such other law or laws in the exercise of the powers provided in
1041 this part insofar as such other law or laws are inconsistent
1042 with the provisions of this part and to provide a complete
1043 method for the exercise of the powers g ranted in this part
1044 herein. The construction, reconstruction, improvement,
1045 extension, repair, maintenance, and operation of the expressway
1046 system, and the issuance of bonds under this part hereunder to
1047 finance all or part of the cost thereof, may be accomplished
1048 upon compliance with the provisions ef this part without regard
1049 to or necessity for compliance with the provisions, limitations,
1050 or restrictions contained in any other general, special, or

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HB 1283 2021

1051 local law, including, but not limited to, s. 215.821, and fie
1052 approval of any bonds issued under this part by the qualified
1053 electors or qualified electors who are freeholders in the state
1054 or in a tfi€- county or in the city or in any other political
1055 subdivision of the state is not shall be required for the
1056 issuance of such bonds.
1057 (2) This part does not repeal, rescind, or modify any
1058 other law or laws relating to the State Board of Administration,
1059 the Department of Transportation, or the Division of Bond
1060 Finance of the State Board of Administration, but supersedes
1061 shall supersede such other law or laws as are inconsistent with
1062 the provisions of this part, including, but not limited to, s.
1063 215.821.
1064 Section 21. Subsection (2) of section 343.975, Florida
1065 Statutes, is amended to read:
1066 343.975 Complete and additional statutory authority.-
1067 (2) This part does not repeal, rescind, or modify any
1068 other law relating to the State Board of Administration, the
1069 Department of Transportation, the West Florida Tampa
1070 Hillsborough County Expressway Authority, or the Division of
1071 Bond Finance within the State Board of Administration; however,
1072 this part supersedes such other laws as are inconsistent with
1073 its provisions, including, but not limited to, s. 215.821.
1074 Section 22. The Division of Law Revision is directed to
1075 replace the phrase "the effective date of this act" wherever it

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HB 1283 2021

1076 occurs in this act with the date the act becomes a law.
1077 Section 23. This act shall take effect upon becoming a
1078 law.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 1283 by Rep. Beltran
TAMPA-HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY

AMENDMENT SUMMARY
APRIL 1, 2021

Amendment 1 by Rep. Beltran (Strike-All):
• Clarifies that a county must consent prior to the WFEA expanding into the
county.
• Clarifies that an expansion event requires the approval of the owner of the
transportation facility.
• Provides that a transportation facility becomes part of the expressway system
following an expansion event.
• Provides that the transfer from the Tampa-Hillsborough County Expressway
Authority (THEA) to the West Florida Expressway Authority (WFEA), does not
modify prior obligations that THEA has with the Department of Transportation
(DOT).
• Provides that the authority to construct an expressway system does not extend to
appurtenant facilities unless WFEA receives written consent from the owner of
the underlying right-of-way.
• Provides that a transportation facility becomes part of the expressway system
when WFEA’s board designates the facility as part of the expressway system.
• Removes the authority for WFEA’s board to meet via communications media
technology.
• Removes the authority for WFEA to enter into a lease-purchase agreement with
DOT.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1283 (2021)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Beltran offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 348.50, Florida Statutes, is amended to
8 read:
9 348.50 Title of law.—This part shall be known and may be
10 cited as the "West Florida Tampa-Hillsborough County Expressway
11 Authority Law."
12 Section 2. Section 348.51, Florida Statutes, is amended to
13 read:
14 348.51 Definitions.—As The following terms whenever used
15 or referred to in this part shall have the following meanings,

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1283 (2021)
Amendment No. 1

16 unless except in those instances where the context clearly
17 indicates otherwise, the term:
18 (1) "Agency of the state" means and includes the state and
19 any department of, or corporation, agency, or instrumentality
20 heretofore or hereafter created, designated, or established by,
21 the state.
22 (2) "Authority" means the body politic, corporate, and
23 agency of the state created by this part.
24 (3) "Bonds" means and includes the notes, bonds, refunding
25 bonds, or other evidences of indebtedness or obligations, in
26 either temporary or definitive form, which the authority is
27 authorized to issue pursuant to this part.
28 (4) "City" means the City of Tampa.
29 (5) "County" means each county located within the
30 jurisdictional limits of the authority, including the County of
31 Hillsborough County and any expansion county, as applicable.
32 (5) "County gasoline tax funds" means all the 80 percent
33 surplus gasoline tax funds or 20 percent surplus gasoline tax
34 funds accruing in each year to a county for use in a county
35 under s. 9, Art. XII of the State Constitution, after deduction,
36 if and only to the extent necessary, of any amounts of such
37 gasoline tax funds pledged by a county for outstanding
38 obligations.
39 (6) "Department" means the Department of Transportation of
40 Florida and any successor thereto.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1283 (2021)
Amendment No. 1

41 (7) "Expansion county" means a county with the consent of
42 which and in which the authority constructs or acquires a
43 transportation facility, which may include Citrus, Hernando,
44 Manatee, Pasco, Pinellas, and Polk Counties.
45 (8) "Expansion event" means, with the approval of the
46 owner of the transportation facility, the adoption of a
47 resolution by the governing board of the authority for the
48 authority to construct, complete, or acquire a transportation
49 facility located in an expansion county and to include the
50 expansion county within its jurisdictional limits.
51 (9)(7) "Expressway system" or "system" means, generally, a
52 modern highway system of roads, bridges, causeways, and tunnels
53 in the metropolitan area of the city, or within any area of the
54 county, with access limited or unlimited access as the authority
55 may determine, and such buildings, and structures, and
56 appurtenances, and facilities related thereto, including all
57 approaches, streets, roads, bridges, and avenues of access for
58 such system. Following an expansion event, a transportation
59 facility shall become part of the expressway system of the
60 authority upon the governing board of the authority’s
61 designation of such transportation facility as part of its
62 expressway system.
63 (10)(8) "Federal agency" means and includes the United
64 States, the President of the United States, and any department
65 of, or bureau, corporation, agency, or instrumentality
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1283 (2021)
Amendment No. 1

66 heretofore or hereafter created, designated, or established by,
67 the United States.
68 (9) "Hillsborough County gasoline tax funds" means all the
69 80-percent surplus gasoline tax funds or 20-percent surplus
70 gasoline tax funds accruing in each year to the Department of
71 Transportation or the county, as the case may be, for use in
72 Hillsborough County under the provisions of s. 9, Art. XII of
73 the State Constitution, after deduction, if and only to the
74 extent necessary, of any amounts of said gasoline tax funds
75 heretofore pledged by the Department of Transportation or the
76 county for outstanding obligations.
77 (11)(10) "Lease-purchase agreement" or "lease-purchase
78 agreements" means a the lease-purchase agreement or agreements
79 which the authority may execute is authorized pursuant to this
80 part to execute.
81 (12)(11) "Members" means the governing body of the
82 authority, and the term "member" means one of the individuals
83 constituting such governing body.
84 (13)(12) "Revenues" means all tolls, revenues, rates,
85 fees, charges, receipts, rentals, contributions, including, but
86 not limited to, contributions of revenues from a county,
87 municipality, or other local governmental entity, and other
88 income derived from or in connection with the operation or
89 ownership of the expressway system, including the proceeds of

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1283 (2021)
Amendment No. 1

90 any use and occupancy insurance on any portion of the system but
91 excluding any Hillsborough County gasoline tax funds.
92 (14) "Transportation facility" means the mobile and fixed
93 assets, and the associated real or personal property or rights,
94 used in the transportation of persons or property by any means
95 of conveyance and all appurtenances, including, but not limited
96 to, highways; limited or controlled access lanes, avenues of
97 access, and facilities; and administrative and other office
98 space, for the exercise by the authority of the powers and
99 obligations granted in this part.
100 (15)(13) Words importing singular number include the
101 plural number in each case and vice versa, and words importing
102 persons include firms and corporations.
103 Section 3. Section 348.52, Florida Statutes, is amended to
104 read:
105 348.52 West Florida Tampa-Hillsborough County Expressway
106 Authority.—
107 (1) There is hereby created and established a body politic
108 and corporate, an agency of the state, to be known as the "West
109 Florida Tampa-Hillsborough County Expressway Authority."
110 (2)(a) Immediately on July 1, 2021, the West Florida
111 Expressway Authority shall assume the governance and control of
112 the expressway system operated by the former Tampa-Hillsborough
113 County Expressway Authority, including its assets, personnel,
114 contracts, obligations, liabilities, facilities, and tangible
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Bill No. HB 1283 (2021)
Amendment No. 1

115 and intangible property. Any rights in such property and other
116 legal rights of the former Tampa-Hillsborough County Expressway
117 Authority are transferred to the West Florida Expressway
118 Authority. The West Florida Expressway Authority shall
119 immediately succeed to and assume the powers, responsibilities,
120 and obligations of the former Tampa-Hillsborough County
121 Expressway Authority.
122 (b) The transfer pursuant to this subsection is subject to
123 the terms and covenants provided for the protection of the
124 holders of the former Tampa-Hillsborough County Expressway
125 Authority bonds in any agreement executed by the former
126 authority and assumed by the West Florida Expressway Authority
127 and the resolutions adopted in connection with the issuance of
128 the bonds and any and all bonds issued pursuant to a resolution
129 or trust indenture subsequent to any such agreement. Further,
130 the transfer does not impair the terms of the contract between
131 the West Florida Expressway Authority and the bondholders, does
132 not act to the detriment of the bondholders, and does not
133 diminish the security for the bonds. After the transfer, the
134 West Florida Expressway Authority shall operate and maintain the
135 expressway system and any other facilities of the West Florida
136 Expressway Authority in accordance with the terms, conditions,
137 and covenants contained in the bond resolutions securing the
138 bonds of the authority. The West Florida Expressway Authority
139 shall collect toll revenues and apply them to the payment of
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Bill No. HB 1283 (2021)
Amendment No. 1

140 debt service as provided in the bond resolution securing all
141 bonds and shall expressly assume all obligations relating to all
142 bonds to ensure that the transfer has no adverse impact on the
143 security for all bonds. The transfer does not make the
144 obligation to pay the principal and interest on the bonds a
145 general liability of the West Florida Expressway Authority or
146 pledge additional expressway system revenues to payment of the
147 bonds. Expressway system revenues that are generated by the
148 expressway system and other facilities of the West Florida
149 Expressway Authority which were pledged by the former Tampa-
150 Hillsborough County Expressway Authority to payment of the bonds
151 will remain subject to the pledge for the benefit of the
152 bondholders. The transfer does not modify or eliminate any prior
153 obligation of the department to pay certain costs of the
154 expressway system from sources other than revenues of the
155 expressway system, nor does the transfer modify or eliminate the
156 terms and conditions of the memorandum of agreement dated
157 October 26, 2010, as amended by the amendment to memorandum of
158 agreement dated March 28, 2012, and the second amendment to
159 memorandum of agreement dated October 8, 2012, between the
160 former authority and the department and assumed by the West
161 Florida Expressway Authority.
162 (3)(2) The governing body of the authority shall initially
163 consist of a board of seven members but shall be subject to
164 increase to no more than 13 members through the addition of a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1283 (2021)
Amendment No. 1

165 new member for each expansion county upon the expansion of the
166 authority's jurisdiction to include such expansion county in
167 accordance with subsection (6).
168 (a) Four of the members shall be appointed by the
169 Governor, one of whom must be a resident of Hillsborough County,
170 and the remainder of whom may be residents of Hillsborough
171 County or any expansion county upon the expansion of the
172 authority's jurisdiction to include such expansion county,
173 subject to confirmation by the Senate at the next regular
174 session of the Legislature. Refusal or failure of the Senate to
175 confirm an appointment shall create a vacancy. A board member
176 currently serving an unexpired term on the former Tampa-
177 Hillsborough County Expressway Authority as of the effective
178 date of this act shall continue to serve the remainder of his or
179 her unexpired term. Each member of the governing board,
180 including each member representing an expansion county, shall be
181 subject to the following:
182 1. Each such member's term of office shall be for 4 years
183 or until his or her successor is shall have been appointed and
184 qualified. However, the respective initial term of one or more
185 members representing an expansion county may be for 2 years at
186 the sole discretion of the governing board in order to achieve
187 staggered terms of office for its governing board members.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1283 (2021)
Amendment No. 1

188 2. A vacancy Vacancies occurring in the governing board
189 body for any member before such members prior to the expiration
190 of the affected term shall be filled for the unexpired term.
191 3. The Governor may shall have the authority to remove
192 from office any such member of the governing board body in the
193 manner and for cause defined by the laws of this state.
194 4. Each such member, before entering upon his or her
195 official duties, shall take and subscribe to an oath before an
196 some official authorized by law to administer oaths that he or
197 she will honestly, faithfully, and impartially perform the
198 duties devolving upon him or her in office as a member of the
199 governing board body of the authority and that he or she will
200 not neglect any duties imposed upon him or her by this part.
201 (b) One member shall be the mayor, or the mayor's designee
202 designate, who shall be the chair of the city council of the
203 city in Hillsborough County having the largest population,
204 according to the latest decennial census, who shall serve as a
205 member ex officio.
206 (c) One member shall be a member of the Board of County
207 Commissioners of Hillsborough County, selected by such board,
208 who shall serve as a member ex officio.
209 (d) One member shall be the district secretary of the
210 department of Transportation serving in the district that
211 contains Hillsborough County, who shall serve as a member ex
212 officio.
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213 (e) After the occurrence of an expansion event in a
214 particular expansion county, the governing board shall be
215 increased by one additional ex officio voting member for each
216 such expansion county, which member must be a member of the
217 board of county commissioners of such expansion county, selected
218 by such board of county commissioners. Such increase in board
219 membership shall become effective on the date that such
220 expansion county member takes the oath required under
221 subparagraph (a)4.
222 (4)(3) The authority shall designate one of its members as
223 chair. The members of the authority are shall not be entitled to
224 compensation but are shall be entitled to receive their travel
225 and other necessary expenses as provided in s. 112.061. A
226 majority of the members of the authority shall constitute a
227 quorum, and resolutions enacted or adopted by a vote of a
228 majority of the members present and voting at any meeting shall
229 become effective without publication or posting or any further
230 action of the authority.
231 (5)(a) With the approval of the board of county
232 commissioners of an expansion county, the authority's
233 jurisdictional boundaries shall be automatically expanded to
234 include the expansion county upon the occurrence of an expansion
235 event.

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236 (b) A delay in the designation of an expansion county
237 board member to the authority’s board shall not affect the
238 expansion of the authority's jurisdiction under this part.
239 (6)(4) The authority may employ a secretary and executive
240 director, its own counsel and legal staff, and such legal,
241 financial, and other professional consultants, technical
242 experts, engineers, and employees, permanent or temporary, as it
243 may require and may determine the qualifications and fix the
244 compensation of such persons, firms, or corporations. The
245 authority may contract with the Division of Bond Finance of the
246 State Board of Administration for any financial services
247 authorized herein.
248 (7)(5) The authority may delegate to one or more of its
249 officers or employees such of its powers as it deems shall deem
250 necessary to carry out the purposes of this part, subject always
251 to the supervision and control of the authority. A member
252 Members of the governing board authority may be removed from
253 their office by the Governor for misconduct, malfeasance,
254 misfeasance, or and nonfeasance in office.
255 Section 4. Section 348.53, Florida Statutes, is amended to
256 read:
257 348.53 Purposes of the authority.—
258 (1) The purposes of the authority are, and the authority
259 has the is created for the purposes and shall have power, to
260 construct, reconstruct, improve, extend, repair, maintain, and
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261 operate the expressway system. It is hereby found and declared
262 that such purposes are in all respects for the benefit of the
263 people of the State of Florida, the City of Tampa, and the West
264 Florida region County of Hillsborough for the increase of their
265 pleasure, convenience, and welfare; for the improvement of their
266 health; and to facilitate transportation, including managed
267 lanes and other transit supporting facilities, for their
268 recreation and commerce and for the common defense. The
269 authority is performing a public purpose and a governmental
270 function in carrying out its corporate purpose and in exercising
271 the powers granted in this section herein.
272 (2)(a) In the construction of the expressway system, the
273 authority may construct any extensions, additions, or
274 improvements to the system or appurtenant facilities, including
275 all necessary approaches, roads, bridges, avenues of access, and
276 boulevards, with any changes, modifications, or revisions of any
277 project which are deemed desirable and proper. However, the
278 authorization provided in this subsection does not extend to any
279 appurtenant facility without the advance written consent of the
280 owner of the underlying right-of-way.
281 (b) A transportation facility shall become part of the
282 expressway system of the authority upon the authority governing
283 board's designation of such transportation facility as part of
284 its expressway system.

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285 Section 5. Section 348.54, Florida Statutes, is amended to
286 read:
287 348.54 Powers of the authority.—Except as otherwise
288 limited herein, the authority shall have the power:
289 (1) To sue and be sued, implead and be impleaded, and
290 complain and defend in all courts.
291 (2) To adopt, use, and alter at will, a seal.
292 (3) To acquire, purchase, hold, lease as lessee, and use
293 any franchise, property, real, personal or mixed, tangible or
294 intangible, or any interest therein, necessary or desirable for
295 carrying out the purposes of the authority, and to sell, lease
296 as lessor, transfer, and dispose of any property or interest
297 therein at any time acquired by it.
298 (4) To construct, reconstruct, or improve on or along the
299 expressway system suitable facilities for gas stations,
300 restaurants, and other facilities for the public.; Such
301 facilities may be publicly offered for leasing for operation
302 under rules and regulations to be established by the authority.
303 (5) To enter into and make lease-purchase agreements as
304 provided in s. 348.60 for terms not exceeding 40 years, or until
305 all bonds secured by a pledge thereunder, and all refundings
306 thereof, are fully paid as to both principal and interest,
307 whichever is longer.
308 (6) To fix, alter, charge, establish, and collect tolls,
309 rates, fees, rentals, and other charges for the services and
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310 facilities of the expressway system, which tolls, rates, fees,
311 rentals, and other charges shall always be sufficient to comply
312 with any covenants made with the holders of any bonds.;
313 provided, However, that such right and power, or any part
314 thereof, may be assigned or delegated, by the authority, to the
315 lessee under a lease-purchase agreement. Toll revenues
316 attributable to a toll rate increase for the use of a portion of
317 the expressway system that become effective on or after the date
318 that the jurisdiction of the authority is first expanded to
319 include any one or more expansion counties may not be used to
320 construct or expand a different portion of the system unless a
321 two-thirds majority of the members of the authority governing
322 board, determined as of the time of such vote, votes to approve
323 such use. This requirement does not apply if and to the extent
324 that application of the requirement would:
325 (a) Violate any covenant established in a resolution or
326 trust indenture under which bonds were issued by the authority
327 on or before the first date that the authority's jurisdiction is
328 expanded to include one or more expansion counties; or
329 (b) Cause the authority to be unable to meet its
330 obligations under the terms of the memorandum of agreement dated
331 October 26, 2010, as amended by the amendment to memorandum of
332 agreement dated March 28, 2012, and the second amendment to
333 memorandum of agreement dated October 8, 2012, between the

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334 former authority and the department and assumed by the West
335 Florida Expressway Authority.
336 (7) To borrow money and to make and issue negotiable
337 bonds, notes, refunding bonds, and other evidences of
338 indebtedness or obligations, either in temporary or definitive
339 form, referred to hereinafter in this chapter referred to as
340 "bonds of the authority," for the purpose of financing all or
341 part of the improvement or extension of the expressway system
342 and appurtenant facilities, including all approaches, streets,
343 roads, bridges, and avenues of access for the expressway system,
344 and for any other purpose authorized by this part, and to
345 provide for the rights of the holders thereof.
346 (8) To secure the payment of bonds by a pledge of all or
347 any portion of the expressway system revenues or such other
348 moneys legally available therefor and of all or any portion of a
349 county's the Hillsborough County gasoline tax funds in the
350 manner provided by this part; and in general to provide for the
351 security of the bonds and the rights and remedies of the holders
352 thereof. Interest upon the amount of gasoline tax funds to be
353 repaid to the county pursuant to s. 348.60 shall be payable, at
354 the highest rate applicable to any outstanding bonds of the
355 authority, out of revenues and other available moneys not
356 required to meet the authority's obligations to its bondholders.
357 The authority may not, shall have no power at any time or in any
358 manner, to pledge the credit or taxing power of the state or any
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359 political subdivision or agency thereof, including a the city
360 and a the county, nor shall any of the authority's obligations
361 be deemed to be obligations of the state or of any political
362 subdivision or agency thereof, nor shall the state or any
363 political subdivision or agency thereof, except the authority,
364 be liable for the payment of the principal of or interest on
365 such obligations.
366 (9) To make contracts of every name and nature and to
367 execute all instruments necessary or convenient for the carrying
368 on of its business.
369 (10) Without limitation of the foregoing, to borrow money
370 and accept gifts or grants from, and to enter into contracts,
371 leases, or other transactions with, any federal agency, the
372 state, any agency of the state, a the county, a the city, or
373 with any other public body of the state or any other person and
374 to comply with the terms and conditions thereof.
375 (11) To have the power Of eminent domain.
376 (12) To construct and maintain over, under, along, or
377 across the expressway system, telephone, telegraph, television,
378 electric power, and other wires or cables, pipelines, water
379 mains, and other conduits and mechanical equipment, not
380 inconsistent with the appropriate use of the system, or to
381 contract for such construction,; and, upon such terms and
382 conditions as the authority determines shall determine, to lease
383 all or any part of such property and facilities or the right to
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384 use such property and facilities the same whether such
385 facilities are constructed by the authority or under a contract
386 for such construction, for a period of not more than 20 years
387 from the date when such lease is made.
388 (13) To do all acts and things necessary or convenient for
389 the conduct of its business and the general welfare of the
390 authority, in order to carry out the powers granted to it by
391 this part or any other law.
392 (14) To enter into partnerships, contracts, and
393 agreements, including, but not limited to, interlocal
394 agreements, with any federal, state, or local governmental
395 entity with respect to the purposes of this part.
396
397 Before entering into any sale, lease, transfer, or disposition
398 of its real properties under subsection (3), leasing any of its
399 facilities under subsection (4), or taking final action under
400 subsection (7), the authority shall give notice thereof by
401 publication on at least 5 separate days in a newspaper of
402 general circulation in the affected county. Such notice shall
403 state the place and time, not less than 14 days after the first
404 such publication, when objections may be filed with and heard by
405 the authority.
406 (14) Prior to entering into any sale, lease, transfer or
407 disposition of its real properties pursuant to subsection (3),
408 leasing any of its facilities pursuant to subsection (4), or
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409 taking final action under subsection (7), the authority shall
410 give notice thereof by publication on at least 5 separate days,
411 in a newspaper of general circulation in the county. Such notice
412 shall state the place and time, not less than 14 days following
413 the first such publication, when objections may be filed with
414 and heard by the authority.
415 (15) With the consent of the county within whose
416 jurisdiction the activities occur, to construct, operate, and
417 maintain roads, bridges, avenues of access, thoroughfares, and
418 boulevards and managed lanes and other transit supporting
419 facilities outside of the jurisdictional boundaries of
420 Hillsborough County and within the jurisdictional boundaries of
421 counties contiguous to Hillsborough County, together with the
422 right to construct, repair, replace, operate, install, and
423 maintain such facilities and electronic toll payment systems
424 thereon or incidental thereto, with all necessary and incidental
425 powers to accomplish the foregoing.
426 Section 6. Section 348.565, Florida Statutes, is amended
427 to read:
428 348.565 Revenue bonds for specified projects.—The existing
429 facilities that constitute the Tampa-Hillsborough County
430 expressway system are hereby approved to be refinanced by
431 revenue bonds issued by the Division of Bond Finance of the
432 State Board of Administration pursuant to s. 11(f), Art. VII of
433 the State Constitution and the State Bond Act or by revenue
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Amendment No. 1

434 bonds issued by the authority pursuant to s. 348.56(1)(b). In
435 addition, the capital projects that the authority is authorized
436 to acquire, construct, reconstruct, equip, operate, and maintain
437 under this part following projects of the Tampa-Hillsborough
438 County Expressway Authority are approved to be financed or
439 refinanced by the issuance of revenue bonds in accordance with
440 this part and s. 11(f), Art. VII of the State Constitution:
441 (1) Brandon area feeder roads.
442 (2) Capital improvements to the expressway system,
443 including safety and operational improvements and toll
444 collection equipment.
445 (3) Lee Roy Selmon Crosstown Expressway System widening,
446 and any extensions thereof.
447 (4) The connector highway linking the Lee Roy Selmon
448 Crosstown Expressway to Interstate 4.
449 (5) Capital projects that the authority is authorized to
450 acquire, construct, reconstruct, equip, operate, and maintain
451 pursuant to this part, including, without limitation, s.
452 348.54(15), provided that any financing of such projects does
453 not pledge the full faith and credit of the state.
454 Section 7. Section 348.60, Florida Statutes, is amended to
455 read:
456 348.60 Lease-purchase agreements.—
457 (1) In order to effectuate the purposes of this part, the
458 authority may enter into lease-purchase agreements with a the
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Amendment No. 1

459 city, a the county, or the state or any agency thereof,
460 excluding including the department, and any federal agency
461 relating to and covering the expressway system or any portion
462 thereof.
463 (2) Such lease-purchase agreements may provide for the
464 leasing of the expressway system or any portion thereof by the
465 authority as lessor to any one or more of the aforementioned
466 governmental entities or agencies as lessee, shall prescribe the
467 term of such lease and the rentals to be paid thereunder, and
468 may provide that upon the completion of the faithful performance
469 thereunder and the termination of such lease-purchase
470 agreements, title in fee simple absolute to the expressway
471 system, as then constituted, shall be transferred in accordance
472 with law by the authority to such lessee or otherwise as
473 provided in such agreements. In the event of such transfer to
474 the lessee, the authority shall deliver to such lessee such
475 deeds and conveyances as shall be necessary or convenient to
476 vest title in fee simple absolute in such lessee.
477 (3)(a) The lease-purchase agreements may include such
478 other provisions, agreements, and covenants as the authority and
479 the lessee deem advisable or necessary, including, but not
480 limited to, provisions with respect to bonds;, the construction,
481 reconstruction, extension, improvements, operation, repair, and
482 maintenance of the expressway system;, the expenses and costs of
483 operation of the system and of the authority;, the charging and
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484 collecting of tolls, rates, fees, and other charges for the use
485 of the services and facilities thereof;, the application of
486 federal, state, or other grants or aid that which may be made or
487 given to assist the authority;, the enforcement of payment and
488 collection of rentals; and any other terms, provisions, or
489 covenants necessary, incidental, or convenient to the making of
490 and full performance under such lease-purchase agreements.
491 (a) In the event the department is a lessee under any such
492 lease-purchase agreement, it is authorized to pay as rentals
493 thereunder in addition to the revenues accruing thereto from the
494 operation of the expressway system, all or any portion of the
495 Hillsborough county gasoline tax funds and may also pay as
496 rentals any appropriations received by the department pursuant
497 to any act of the Legislature heretofore or hereafter enacted;
498 provided, however, that nothing herein nor in such lease-
499 purchase agreement shall be construed to require the Legislature
500 to make or continue such appropriations nor shall any holder of
501 bonds ever have any right to require the Legislature to make or
502 continue such appropriations.
503 (b) In the event a the county is a lessee under any such
504 lease-purchase agreement, the county may it shall be authorized
505 to pay as rentals thereunder in addition to the expressway
506 revenues accruing to the county from the operation of the
507 expressway system all or any part of the 20-percent surplus
508 gasoline tax funds accruing to the Hillsborough county.
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Amendment No. 1

509 (4) A No pledge of either the 80-percent surplus gasoline
510 tax funds or the 20-percent surplus gasoline tax funds under any
511 such lease-purchase agreement may not shall be made without the
512 consent of the county evidenced by a resolution duly adopted by
513 its board of county commissioners, which resolution may
514 authorize the execution and delivery of an interlocal agreement
515 between the authority and the county setting forth the terms and
516 provisions for the use by the authority of any such gasoline tax
517 funds nor unless the revenues pledged under any such lease-
518 purchase agreements are estimated by the authority to aggregate
519 during the term of such lease-purchase agreements not less than
520 the principal amount of the bonds secured thereunder plus
521 interest thereon. Such resolution, among other things shall
522 provide that any excess of such pledge of the Hillsborough
523 County gasoline tax funds which is not required for debt service
524 or reserves for such debt service for any bonds shall be
525 returned annually to the appropriate board or agency for
526 distribution to the county as provided by law; and shall
527 provide, further, that any Hillsborough County gasoline tax
528 funds actually expended for such debt service, shall be repaid
529 with interest out of revenues and other available moneys not
530 required to meet the authority's obligations to its bondholders,
531 as determined by the authority.
532 (5) A Any lessee under any such lease-purchase agreement
533 may agreements shall have power to covenant therein that it will
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534 pay all or any part of the cost of the operation, maintenance,
535 repair, renewal, and replacement of the expressway system, and
536 any part of the cost of completing such system, to the extent
537 that the proceeds of bonds issued therefor are insufficient,
538 from sources other than expressway system revenues and
539 Hillsborough county gasoline tax funds. Any Such lessee may also
540 agree to make such other payments from moneys available to a the
541 county, a the city, or the authority, or the department in
542 connection with the construction or completion of the expressway
543 such system as shall be deemed by such lessee to be fair and
544 proper under any such covenants heretofore or hereafter entered
545 into.
546 (6) The system shall be a part of the state road system.
547 The department is hereby authorized, upon request of the
548 authority, to expend out of any funds available for the purpose,
549 such moneys, and to use such of its engineering or other forces,
550 as may be necessary and desirable in the judgment of the
551 department, for the operation of the authority and for traffic
552 surveys, borings, surveys, preparation of plans and
553 specifications, estimates of costs, preliminary engineering and
554 other studies.
555 Section 8. Section 348.61, Florida Statutes, is amended to
556 read:
557 348.61 Department may be appointed agent of authority for
558 construction.—The department may be appointed by the authority
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559 as its agent for the purpose of constructing, reconstructing,
560 improving, extending, or repairing the expressway system. In
561 such event, the authority shall provide the department with
562 complete copies of all documents, agreements, resolutions,
563 contracts, and instruments relating thereto and shall request
564 the department to do such construction work, including the
565 planning, surveying, and actual construction involved, and shall
566 transfer to the credit of an account of the department in the
567 Treasury of the state the necessary funds therefor. The
568 department shall then thereupon be authorized, empowered, and
569 directed to proceed with such construction work and to use such
570 the said funds for such purpose and in the same manner that it
571 is now authorized to use the funds otherwise authorized by law
572 for its use in construction of roads and bridges.
573 Section 9. Section 348.62, Florida Statutes, is amended to
574 read:
575 348.62 Acquisition of lands and property.—
576 (1) For the purpose of this part, The authority may
577 acquire private or public property and property rights,
578 including rights of access, air, view, and light, by gift,
579 devise, purchase, or condemnation by eminent domain proceedings,
580 as the authority deems may deem necessary for any of the
581 purposes of this part, including, but not limited to, any lands
582 reasonably necessary for securing applicable permits, areas
583 necessary for management of access, borrow pits, drainage
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584 ditches, water retention areas, rest areas, and replacement
585 access for landowners whose access is impaired due to the
586 construction of a transportation facility. The right of eminent
587 domain herein conferred in this subsection shall be exercised by
588 the authority in the manner provided by law, in particular
589 chapter 74.
590 (2) The authority may acquire such rights, title,
591 interest, or easements in such lands and property as it deems
592 may deem necessary for any of the purposes of this part.
593 (3) In connection with the acquisition of property or
594 property rights as herein provided in this section, the
595 authority may, in its discretion, acquire an entire lot, block,
596 parcel, or tract of land, if by so doing the interest of the
597 public will be best served, even though such entire lot, block,
598 parcel, or tract is not immediately needed for the right-of-way
599 proper.
600 Section 10. Sections 348.68 and 348.681, Florida Statutes,
601 are repealed.
602 Section 11. Section 348.70, Florida Statutes, is
603 renumbered as section 348.682, Florida Statutes, and amended to
604 read:
605 348.682 348.70 This part complete and additional
606 authority.—
607 (1) The powers conferred by this part are shall be in
608 addition and supplemental to the existing respective powers of
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609 the authority, the department, a the county, and a the city, if
610 any, and this part does shall not repeal be construed as
611 repealing any of the provisions of any other law, general,
612 special, or local, but supersedes shall be deemed to supersede
613 such other law or laws in the exercise of the powers provided in
614 this part insofar as such other law or laws are inconsistent
615 with the provisions of this part and to provide a complete
616 method for the exercise of the powers granted in this part
617 herein. The construction, reconstruction, improvement,
618 extension, repair, maintenance, and operation of the expressway
619 system, and the issuance of bonds under this part hereunder to
620 finance all or part of the cost thereof, may be accomplished
621 upon compliance with the provisions of this part without regard
622 to or necessity for compliance with the provisions, limitations,
623 or restrictions contained in any other general, special, or
624 local law, including, but not limited to, s. 215.821, and no
625 approval of any bonds issued under this part by the qualified
626 electors or qualified electors who are freeholders in the state
627 or in a the county or in the city or in any other political
628 subdivision of the state is not shall be required for the
629 issuance of such bonds.
630 (2) This part does not repeal, rescind, or modify any
631 other law or laws relating to the State Board of Administration,
632 the Department of Transportation, or the Division of Bond
633 Finance of the State Board of Administration, but supersedes
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634 shall supersede such other law or laws as are inconsistent with
635 the provisions of this part, including, but not limited to, s.
636 215.821.
637 Section 12. Subsection (2) of section 343.975, Florida
638 Statutes, is amended to read:
639 343.975 Complete and additional statutory authority.—
640 (2) This part does not repeal, rescind, or modify any
641 other law relating to the State Board of Administration, the
642 Department of Transportation, the West Florida Tampa-
643 Hillsborough County Expressway Authority, or the Division of
644 Bond Finance within the State Board of Administration; however,
645 this part supersedes such other laws as are inconsistent with
646 its provisions, including, but not limited to, s. 215.821.
647 Section 13. Section 348.545, Florida Statutes, is amended
648 to read:
649 348.545 Facility improvement; bond financing authority.—
650 Pursuant to s. 11(f), Art. VII of the State Constitution, the
651 Legislature hereby approves for bond financing by the West
652 Florida Tampa-Hillsborough County Expressway Authority
653 improvements to toll collection facilities, interchanges to the
654 legislatively approved expressway system, and any other facility
655 appurtenant, necessary, or incidental to the approved system.
656 Subject to terms and conditions of applicable revenue bond
657 resolutions and covenants, such costs may be financed in whole
658 or in part by revenue bonds issued pursuant to s. 348.56(1)(a)
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659 or (b), whether currently issued or issued in the future, or by
660 a combination of such bonds.
661 Section 14. Section 348.56, Florida Statutes, is amended
662 to read:
663 348.56 Bonds of the authority.—
664 (1)(a) Bonds may be issued on behalf of the authority
665 pursuant to the State Bond Act.
666 (b) Alternatively, the authority may shall have the power
667 and is hereby authorized from time to time to issue bonds in
668 such principal amount as, in the opinion of the authority, shall
669 be necessary to provide sufficient moneys for achieving its
670 corporate purposes, including construction, reconstruction,
671 improvement, extension, repair, maintenance, and operation of
672 the expressway system, the cost of acquisition of all real
673 property, interest on bonds during construction and for a
674 reasonable period thereafter, establishment of reserves to
675 secure bonds, and all other expenditures of the authority
676 incident to and necessary or convenient to carry out its
677 corporate purposes and powers.
678 (2)(a) Bonds issued by the authority pursuant to paragraph
679 (1)(a) or paragraph (1)(b) shall be authorized by resolution of
680 the members of the authority and shall bear such date or dates,
681 mature at such time or times, not exceeding 40 years from their
682 respective dates, bear interest at such rate or rates, not
683 exceeding the maximum rate fixed by general law for authorities,
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684 be in such denominations, be in such form, either coupon or
685 fully registered, carry such registration, exchangeability, and
686 interchangeability privileges, be payable in such medium of
687 payment and at such place or places, be subject to such terms of
688 redemption, and be entitled to such priorities of lien on the
689 revenues, other available moneys, and any the Hillsborough
690 county gasoline tax funds as such resolution or any resolution
691 subsequent thereto may provide. The bonds shall be executed
692 either by manual or facsimile signature by such officers as the
693 authority determines shall determine, provided that such bonds
694 shall bear at least one signature that which is manually
695 executed thereon. The coupons attached to such bonds shall bear
696 the facsimile signature or signatures of such officer or
697 officers as shall be designated by the authority. Such bonds
698 shall have the seal of the authority affixed, imprinted,
699 reproduced, or lithographed thereon.
700 (b) The bonds issued pursuant to paragraph (1)(a) or
701 paragraph (1)(b) shall be sold at public sale in the same manner
702 provided in the State Bond Act. However, if the authority
703 determines, by official action at a public meeting, that a
704 negotiated sale of such bonds is in the best interest of the
705 authority, the authority may negotiate the sale of such bonds
706 with the underwriter or underwriters designated by the authority
707 and the Division of Bond Finance within the State Board of
708 Administration with respect to bonds issued pursuant to
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Amendment No. 1

709 paragraph (1)(a) or solely by the authority with respect to
710 bonds issued pursuant to paragraph (1)(b). The authority's
711 determination to negotiate the sale of such bonds may be based,
712 in part, upon the written advice of the authority's financial
713 adviser. Pending the preparation of definitive bonds, temporary
714 bonds or interim certificates may be issued to the purchaser or
715 purchasers of such bonds and may contain such terms and
716 conditions as the authority determines may determine.
717 (3) Any such resolution or resolutions authorizing any
718 bonds may contain provisions that which shall be part of the
719 contract with the holders of such bonds, as to:
720 (a) The pledging of all or any part of the expressway
721 system revenues, the Hillsborough county gasoline tax funds, or
722 other moneys lawfully available therefor.
723 (b) The construction, reconstruction, improvement,
724 extension, repair, maintenance, operation, lease, or lease-
725 purchase of the expressway system, or any part or parts thereof,
726 and the duties and obligations of the authority and others,
727 including the department, with reference thereto.
728 (c) Limitations on the purposes to which the proceeds of
729 the bonds, then or thereafter to be issued, or of any loan or
730 grant by any federal agency or the state or any political
731 subdivision thereof may be applied.
732 (d) The fixing, charging, establishing, revising,
733 increasing, reducing, and collecting of tolls, rates, fees,
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Amendment No. 1

734 rentals, or other charges for use of the services and facilities
735 of the expressway system or any part thereof.
736 (e) The setting aside of reserves or of sinking funds and
737 the regulation and disposition thereof.
738 (f) Limitations on the issuance of additional bonds.
739 (g) The terms and provisions of any lease-purchase
740 agreement, deed of trust, or indenture securing the bonds, or
741 under which such bonds same may be issued.
742 (h) Any other or additional matters, of like or different
743 character, which in any way affect the security or protection of
744 the bonds.
745 (4) The authority may enter into any deeds of trust,
746 indentures, or other agreements with any bank or trust company
747 within or without the state, as security for such bonds, and
748 may, under such agreements, assign and pledge all or any of the
749 expressway system revenues and other available moneys, including
750 all or any portion of any the Hillsborough county gasoline tax
751 funds, pursuant to the terms of this part. Such deed of trust,
752 indenture, or other agreement, may contain such provisions as
753 are customary in such instruments or as the authority may
754 authorize, including, but not limited to without limitation,
755 provisions as to:
756 (a) The pledging of all or any part of the expressway
757 system revenues, any the Hillsborough county gasoline tax funds,
758 or other moneys lawfully available therefor.
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759 (b) The application of funds and the safeguarding of funds
760 on hand or on deposit.
761 (c) The rights and remedies of the trustee and the holders
762 of the bonds.
763 (d) The terms and provisions of the bonds or the
764 resolutions authorizing the issuance of such bonds the same.
765 (e) Any other or additional matters, of like or different
766 character, which in any way affect the security or protection of
767 the bonds.
768 (5) Any of The bonds issued pursuant to this part are, and
769 are hereby declared to be, negotiable instruments, and shall
770 have all the qualities and incidents of negotiable instruments
771 under the law merchant and the negotiable instruments law of the
772 state.
773 (6) It is the intention hereof that any pledge made by the
774 authority shall be valid and binding from the time when the
775 pledge is made; that the moneys so pledged and thereafter
776 received by the authority shall immediately be subject to the
777 lien of such pledge without any physical delivery thereof or
778 further act, and that the lien of any such pledge shall be valid
779 and binding as against all parties having claims of any kind in
780 tort, contract, or otherwise against the authority, irrespective
781 of whether such parties have notice thereof. A Neither the
782 resolution or nor any other instrument by which a pledge is
783 created is not required to need be recorded.
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Amendment No. 1

784 (7) A member or other Neither the members nor any person
785 executing the bonds is not shall be liable personally on the
786 bonds or be subject to any personal liability or accountability
787 by reason of the issuance thereof.
788 (8) The authority may, shall have power out of any funds
789 available therefor, to purchase bonds, which shall thereupon be
790 canceled, at a price not exceeding, if the bonds are then
791 redeemable, the redemption price then applicable plus accrued
792 interest to the next date of redemption thereof, or if the bonds
793 are not then redeemable, the redemption price applicable on the
794 first date after such purchase upon which the bonds become
795 subject to redemption plus accrued interest to such said date.
796 Section 15. Section 348.57, Florida Statutes, is amended
797 to read:
798 348.57 Refunding bonds.—
799 (1) Subject to public notice as provided in s. 348.54, the
800 authority may is authorized to provide by resolution for the
801 issuance from time to time of bonds pursuant to s. 348.56(1)(b)
802 for the purpose of refunding any bonds then outstanding
803 regardless of whether the bonds being refunded were issued by
804 the authority pursuant to this chapter or on behalf of the
805 authority pursuant to the State Bond Act. The authority is
806 further authorized to provide by resolution for the issuance of
807 bonds for the combined purpose of:

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808 (a) Paying the cost of constructing, reconstructing,
809 improving, extending, repairing, maintaining, and operating the
810 expressway system.
811 (b) Refunding bonds then outstanding. The authorization,
812 sale, and issuance of such obligations, the maturities and other
813 details thereof, the rights and remedies of the holders thereof,
814 and the rights, powers, privileges, duties, and obligations of
815 the authority with respect to such bonds the same shall be
816 governed by the foregoing provisions of this part insofar as the
817 same may be applicable.
818 (2) In the event that the authority determines shall
819 determine to issue bonds for the purpose of refunding any
820 outstanding bonds before prior to the maturity thereof, the
821 proceeds of such refunding bonds may, pending the redemption of
822 the bonds to be refunded, be invested in direct obligations of
823 the United States. It is the express intention of this part that
824 outstanding bonds may be refunded and retired by and upon the
825 issuance of bonds notwithstanding that all or a portion of such
826 outstanding bonds will not mature or become redeemable until
827 after the date of issuance of such refunding bonds.
828 Section 16. Section 348.58, Florida Statutes, is amended
829 to read:
830 348.58 Remedies.—
831 (1) The rights and the remedies herein conferred upon or
832 granted to the bondholders shall be in addition to and not in
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Amendment No. 1

833 limitation of any rights and remedies lawfully granted to such
834 bondholders by the resolution or resolutions or indenture
835 providing for the issuance of bonds, or by any lease-purchase
836 agreement, deed of trust, indenture, or other agreement under
837 which the bonds may be issued or secured. In the event that the
838 authority defaults shall default in the payment of the principal
839 of or interest on any of the bonds issued pursuant to the
840 provisions of this part after such principal of or interest on
841 the bonds has shall have become due, whether at maturity or upon
842 call for redemption, as provided in said resolution or
843 indenture, or in the event that the lessee defaults shall
844 default in any payments under, or covenants made in, any lease-
845 purchase agreement and such default continues shall continue for
846 a period of 30 days, or in the event that the authority or the
847 lessee fails shall fail or refuses refuse to comply with the
848 provisions of this part or any agreement made with, or for the
849 benefit of, the holders of the bonds, the holders of 25 percent
850 in aggregate principal amount of the bonds then outstanding
851 shall be entitled as of right to the appointment of a trustee to
852 represent such bondholders for the purposes hereof.; provided,
853 However, that such holders of 25 percent in aggregate principal
854 amount of the bonds then outstanding must shall have first give
855 given written notice of their intention to appoint a trustee, to
856 the authority and to such lessee written notice of their
857 intention to appoint a trustee.
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Amendment No. 1

858 (2) Such trustee, and any trustee under any deed of trust,
859 indenture, or other agreement, may, and upon written request of
860 the holders of 25 percent, or such other percentages as may be
861 specified in any deed of trust, indenture, or other agreement
862 aforesaid, in principal amount of the bonds then outstanding,
863 shall, in any court of competent jurisdiction, in his, her, or
864 its own name:
865 (a) By mandamus or other suit, action, or proceeding at
866 law, or in equity, enforce all rights of the bondholders,
867 including the right to require the authority to fix, establish,
868 maintain, collect, and charge rates, fees, rentals, and other
869 charges, adequate to carry out any agreement as to, or pledge
870 of, the expressway system revenues, and to require the authority
871 to carry out any other covenants and agreements with or for the
872 benefit of the bondholders, and to perform its and their duties
873 under this part.
874 (b) By mandamus or other suit, action, or proceeding at
875 law, or in equity, enforce all rights of the bondholders under
876 or pursuant to any lease-purchase agreement, including the right
877 to require the lessee to make all rental payments required to be
878 made by it under the provisions of any such lease-purchase
879 agreement, whether from the Hillsborough county gasoline tax
880 funds or other funds so agreed to be paid and to require the
881 lessee to carry out any other covenants and agreements with or

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Amendment No. 1

882 for the benefit of the bondholders and to perform its and their
883 duties under this part.
884 (c) Bring suit upon the bonds.
885 (d) By action or suit in equity require the authority or
886 any lessee under any lease-purchase agreement to account as if
887 it were the trustee of an express trust for the bondholders.
888 (e) By action or suit in equity, enjoin any acts or things
889 that which may be unlawful or in violation of the rights of the
890 bondholders.
891 (3) Any trustee when appointed as aforesaid, or acting
892 under a deed of trust, indenture, or other agreement, and
893 regardless of whether or not all bonds have been declared due
894 and payable, shall be entitled as of right to the appointment of
895 a receiver, who may enter upon and take possession of the
896 expressway system or the facilities or any part or parts
897 thereof, the expressway system revenues, and other pledged
898 moneys and, subject to and in compliance with the provisions of
899 any lease-purchase agreement, operate and maintain the same, for
900 and on behalf of and in the name of, the authority, the lessee,
901 and the bondholders, and collect and receive all expressway
902 system revenues and other pledged moneys in the same manner as
903 the authority or the lessee might do, and shall deposit all such
904 revenues and moneys in a separate account and apply the same in
905 such manner as the court directs shall direct. In any suit,
906 action, or proceeding by the trustee, the fees, counsel fees,
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Amendment No. 1

907 and expenses of the trustee, and such said receiver, if any, and
908 all costs and disbursements allowed by the court shall be a
909 first charge on any expressway system revenues. Such trustee
910 shall, in addition to the foregoing, have and possess all of the
911 powers necessary or appropriate for the exercise of any
912 functions specifically set forth herein or incident to the
913 representation of the bondholders in the enforcement and
914 protection of their rights.
915 (4) Nothing in This section or any other section of this
916 part does not shall authorize any receiver appointed pursuant
917 hereto for the purpose, subject to and in compliance with the
918 provisions of any lease-purchase agreement, of operating and
919 maintaining the expressway system or any facilities or part or
920 parts thereof, to sell, assign, mortgage, or otherwise dispose
921 of any of the assets of whatever kind and character belonging to
922 the authority. It is the intention of this part to limit the
923 powers of such receiver, subject to and in compliance with the
924 provisions of any lease-purchase agreement, to the operation and
925 maintenance of the system, or any facility or part or parts
926 thereof, as the court directs may direct, in the name and for
927 and on behalf of the authority, the lessee, and the bondholders,
928 and a no holder of bonds or a nor any trustee does not, shall
929 ever have the right in any suit, action, or proceeding at law,
930 or in equity, to compel a receiver, nor shall any receiver be
931 authorized, or any court be empowered to direct the receiver, to
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Amendment No. 1

932 sell, assign, mortgage, or otherwise dispose of any assets of
933 whatever kind or character belonging to the authority.
934 Section 17. Section 348.59, Florida Statutes, is amended
935 to read:
936 348.59 Traffic control.—
937 (1) In addition to the powers conferred by the statutes of
938 the state and by city the ordinances of the city, the authority
939 may adopt is hereby authorized to promulgate such rules and
940 regulations for the use and occupancy of the expressway system
941 as may be necessary and proper for the public safety and
942 convenience, for the preservation of its property, and for the
943 collection of tolls.
944 (2) The enforcement of the rules and regulations of the
945 authority and of those provisions of the statutes and ordinances
946 applicable to the expressway system may be by a the city police
947 department or and sheriff of a Hillsborough county within the
948 jurisdiction of which a transportation facility is located.;
949 provided, However, that at the request of the authority, such
950 enforcement shall also be the duty of the Florida Highway
951 Patrol. Violators shall be apprehended and prosecuted in the
952 same manner as provided for the apprehension and prosecution of
953 violators of such statutes and ordinances who commit violations
954 thereof upon streets, roads, and thoroughfares in the state.
955 Section 18. Section 348.63, Florida Statutes, is amended
956 to read:
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Amendment No. 1

957 348.63 Cooperation with other units, boards, agencies, and
958 individuals.—Express authority and power is hereby given and
959 granted to any county, municipality, drainage district, road and
960 bridge district, school district, or any other political
961 subdivision, board, authority, corporation, or individual in or
962 of the state to make and enter into with the authority,
963 contracts, leases, conveyances, or other agreements within the
964 provisions and purposes of this part. The authority may is
965 hereby expressly authorized to make and enter into contracts,
966 leases, conveyances, and other agreements with any political
967 subdivision, agency, or instrumentality of the state and any and
968 all federal agencies, corporations, and individuals for the
969 purpose of carrying out the provisions of this part.
970 Section 19. Section 348.64, Florida Statutes, is amended
971 to read:
972 348.64 Covenant of the state.—The state pledges does
973 hereby pledge to and agrees agree with the holders from time to
974 time of the bonds that the state will not limit or alter the
975 rights hereby vested in the authority, the department, a the
976 county, and a the city to collect expressway system revenues,
977 and Hillsborough county gasoline tax funds, and any other moneys
978 and to fulfill the terms of any agreements made with the holders
979 of bonds or to in any way impair the rights and remedies of such
980 holders until such bonds and the interest due thereon have been
981 paid. The state does further pledges pledge to and agrees agree
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Amendment No. 1

982 with the United States and any federal agency that, in the event
983 any federal agency constructs shall construct or contributes
984 contribute funds for the construction, reconstruction,
985 extension, or improvement of the expressway system or any part
986 thereof, the state will not alter or limit the rights of the
987 authority, the department, a the county, or a the city in any
988 manner which would be inconsistent with the continued
989 maintenance or operation of the system or the construction,
990 reconstruction, extension, or improvement thereof and which
991 would be inconsistent with the due performance of any agreements
992 between the authority and any such federal agency. The
993 authority, the department, a the county, and a the city shall
994 continue to have and may exercise all powers herein granted so
995 long as such powers are the same shall be necessary or desirable
996 for the carrying out of the purposes of this part.
997 Section 20. Section 348.65, Florida Statutes, is amended
998 to read:
999 348.65 Exemption from taxation.—The effectuation of the
1000 authorized purposes of the authority created under this part is,
1001 shall and will be in all respects for the benefit of the people
1002 of the state for the increase of their commerce and, prosperity
1003 and for the improvement of their health and living conditions.
1004 Since the authority will perform essential governmental
1005 functions in effectuating such purpose, the authority is shall
1006 not be required to pay any taxes or assessments of any kind or
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Amendment No. 1

1007 nature whatsoever upon any property acquired or used by it for
1008 such purposes or upon any expressway system revenues at any time
1009 received by it. The bonds, their transfer, and the income
1010 therefrom, including any profits made on the sale thereof, are
1011 shall at all times be free from taxation of any kind by the
1012 state or by any political subdivision or other taxing agency or
1013 instrumentality thereof. The exemption granted by this section
1014 does not apply shall not be applicable to any tax imposed by
1015 chapter 220 on interest, income, or profits on debt obligations
1016 owned by corporations.
1017 Section 21. Section 348.67, Florida Statutes, is amended
1018 to read:
1019 348.67 Pledges enforceable for bondholders.—It is the
1020 intent express intention of this part that any pledge of
1021 expressway system revenues, Hillsborough county gasoline tax
1022 funds, or other funds either as rentals to the authority or for
1023 the payment of the principal of and interest on bonds, or any
1024 covenant or agreement relative thereto, may be enforceable in
1025 any court of competent jurisdiction against the authority or
1026 directly against the department, a the county, or a the city, as
1027 may be appropriate.
1028 Section 22. The Division of Law Revision is directed to
1029 replace the phrase "the effective date of this act" wherever it
1030 occurs in this act with the date the act becomes a law.

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Amendment No. 1

1031 Section 23. This act shall take effect upon becoming a
1032 law.
1033
1034 -----------------------------------------------------
1035 T I T L E A M E N D M E N T
1036 Remove everything before the enacting clause and insert:
1037 A bill to be entitled
1038 An act relating to the Tampa-Hillsborough County
1039 Expressway Authority; amending s. 348.50, F.S.;
1040 renaming the Tampa-Hillsborough County Expressway
1041 Authority as the "West Florida Expressway Authority";
1042 amending s. 348.51, F.S.; revising and defining terms;
1043 amending s. 348.52, F.S.; providing for the transfer
1044 of governance and control, property and legal rights,
1045 powers, responsibilities, and obligations from the
1046 Tampa-Hillsborough County Expressway Authority to the
1047 West Florida Expressway Authority; providing terms and
1048 conditions of the transfer; revising the composition
1049 of the governing body of the authority; revising
1050 requirements for membership and terms; providing for
1051 expansion of the authority's jurisdictional
1052 boundaries; amending s. 348.53, F.S.; revising the
1053 purposes of the authority; authorizing the authority
1054 to construct certain facilities within the expressway
1055 system; specifying that such authorization does not
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Amendment No. 1

1056 extend to appurtenant facilities without the advance
1057 written consent of the owner of the underlying right-
1058 of-way; specifying that transportation facilities
1059 become part of the expressway system upon the
1060 authority governing board's designation; amending s.
1061 348.54, F.S.; limiting the use of certain toll
1062 revenues; providing exceptions; deleting provisions
1063 relating to interest on gasoline tax funds repaid to
1064 Hillsborough County; revising powers of the authority;
1065 amending s. 348.565, F.S.; revising projects approved
1066 for financing or refinancing through revenue bonds;
1067 amending s. 348.60, F.S.; excluding the department
1068 from the agencies with which the authority is
1069 authorized to enter into lease-purchase agreements;
1070 revising provisions relating to the pledge of surplus
1071 gasoline tax funds under a lease-purchase agreement;
1072 deleting a provision specifying that the system is
1073 part of the state road system; conforming provisions
1074 to changes made by the act; amending s. 348.61, F.S.;
1075 updating terminology; amending s. 348.62, F.S.;
1076 specifying lands and property the authority may
1077 acquire; repealing ss. 348.68 and 348.681, F.S.,
1078 relating to consultation with the Hillsborough County
1079 City-County Planning Commission and design standards,
1080 respectively; renumbering and amending s. 348.70,
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Amendment No. 1

1081 F.S.; conforming provisions to changes made by the
1082 act; amending ss. 343.975, 348.545, 348.56, 348.57,
1083 348.58, 348.59, 348.63, 348.64, 348.65, and 348.67,
1084 F.S.; conforming provisions to changes made by the
1085 act; providing a directive to the Division of Law
1086 Revision; providing an effective date.
1087

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
Bill#: HB 1289 Autonomous Vehicles
SPONSOR(S): McFarland
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1620

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism , Infrastructure & Energy Subcommittee Keating

2) Commerce Committee

SUMMARY ANALYSIS
Current law defines and provides requirements and restrictions applicable to autonomous vehicles and low-
speed vehicles. Federal law defines a "low-speed vehicle" as a motor vehicle :
• That is 4-wheeled,
• Whose speed attainable in 1 mile is more than 20 miles per hour and not more than 25 miles per hour
on a paved level surface, and
• Whose gross vehicle weight rating is less than 3,000 pounds.

The bill defines the term "low-speed autonomous delivery vehicle" (LSADV) as a fully autonomous vehicle that
meets the current federal definition of low speed vehicle . The bill authorizes LSADVs to operate only on streets
or roads with a posted speed limit of 35 miles per hour or less but does not prohibit such vehicles from
crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35
miles per hour. An LSADV may operate on a street or road with a posted speed limit of more than 35 miles per
hour, but no more than 45 miles per hour, under certain conditions.

The bill provides equipment requirements for LSADVs and provides that these requirements are superseded
by any conflicting federal regulations. The bill provides that any motor vehicle equipment laws or regulations
relating to or supporting motor vehicle operation by a human driver but not relevant for an automated driving
system are rendered inapplicable to fully autonomous vehicles designed to be operated exclusively by the
automated driving system for all trips .

The fiscal impact of the bill is indeterminate because the number of LSADVs that will be deployed in Florida is
unknown and registration and titling requirements are not clearly provided in the bill. If LSADVs are required to
be registered and titled, the state likely will see an insignificant positive fiscal impact.

The bill has an effective date of July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1289.TIE.DOCX
DATE: 3/30/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Florida Autonomous Vehicle Law
Florida law defines the term "autonomous vehicle" as any vehicle equipped with an automated driving
system .1

Under Florida law, a fully autonomous vehicle may operate regardless of whether a human operator, or
any human at all, is physically present in the vehicle. For purposes of state uniform traffic control, 2 the
automated driving system, when engaged, is deemed the operator of an autonomous vehicle,
regardless of whether a person is physically present in the vehicle while the vehicle is operating with
the automated driving system engaged. 3 If the autonomous vehicle is fully autonomous, it must be able
to achieve a minimal risk condition 4 if a failure of the automated driving system occurs which renders
that system unable to perform the entire dynamic driving task relevant to its intended operational
design domain.5 ·6

A driver's license is not required when a fully autonomous vehicle is operated with the automated
driving system engaged and without a human operator.7 In current law, there is no statute specific to
the registration of autonomous vehicles; however, autonomous vehicle owners pay the same license
tax as owners of other vehicles, generally based on vehicle type and weight. 8 The owner or registrant
of a fully autonomous vehicle, other than a transportation network company, must have automobile
insurance:
• In the amount of $1 million for bodily injury to, or death of, one person in any one crash.
• Subject to such limits for one person, in the amount of $1 million for bodily injury to, or death of,
two or more persons in any one crash .
• In the amount of $1 million for injury to, or destruction of, property of others in any one crash. 9

An autonomous vehicle or a fully autonomous vehicle equipped with a teleoperation system 10 may
operate without a human operator physically present in the vehicle when the teleoperation system is
engaged and, if so equipped, is exempt from certain laws applicable to vehicle drivers, such as the duty

1
S. 316.003(3)(a), F.S. Section 316.003(3), F.S., defines the term "automated driving system" means the hardware and software that
are collectively capable of performing the entire dynamic driving task of an autonomous vehicle on a sustained basis, regardless of
whether it is limited to a specific operational design domain.
2
Ch. 316, F.S.
3
S. 316.85, F.S.
4
Section 319.145(2), F.S., defines the term "minimal risk condition" as a reasonably safe state, such as bringing the vehicle to a
complete stop and activating the vehicle's hazard lamps.
5
Section 316.003(3)(d), F.S., defines the term "operational design domain" as a description of the specific operating domain in which
an automated driving system is designed to properly operate, including, but not limited to, roadway types, speed ranges,
environmental conditions such as weather and time of day, and other domain constraints.
6
S. 319.145, F.S.
7
S. 322.015, F.S.
8
Sees. 320.08, F.S.
9
S. 627.749(3), F.S.
10
Section 316.003(90), F .S., defines the term "teleoperation system" as the hardware and software installed in a motor vehicle which
allow a remote human operator to supervise or perform aspects of, or the entirety of, the dynamic driving task. The term "remote
human operator" means a natural person who is not physically present in a vehicle equipped with an automated driving system who
engages or monitors the vehicle from a remote location. A remote human operator may have the ability to perform aspects of, or the
entirety of, the dynamic driving task for the vehicle or cause the vehicle to achieve a minimal risk condition as defined in s.
319.145(2), F.S. A remote human operator must be physically present in the United States and be licensed to operate a motor vehicle
by a United States jurisdiction.
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to provide information and render reasonable assistance in a crash, the duty to give notice of the crash
to appropriate law enforcement, and the prohibition against leaving an unattended motor vehicle
without first setting the brake. 11

An autonomous vehicle registered in this state must meet all of the following requirements:
• When required by federal law:
o Have been certified in accordance with federal regulations in 49 C.F.R. part 567 as
being in compliance with applicable federal motor vehicle safety standards.
o Bear the required certification label or labels including reference to any exemption
granted under applicable federal law.
• Be capable of being operated in compliance with the applicable traffic and motor vehicle laws of
this state, regardless of whether the vehicle is operating with the automated driving system
engaged. 12

Florida and Federal Low-Speed Vehicle Laws
Federal law defines the term "low-speed vehicle" to mean a motor vehicle :
• That is 4-wheeled ,
• Whose speed attainable in 1 mile is more than 20 miles per hour and not more than 25 miles
per hour on a paved level surface, and
• Whose gross vehicle weight rating is less than 3,000 pounds. 13

Federal regulations require each low-speed vehicle to be equipped with certain safety equipment,
including various lamps, reflectors, mirrors, a windshield, vehicle identification number, seat belts and
an alert sound for pedestrians to detect and recognize the vehicle. 14

Florida law defines the term "low-speed vehicle ," as any four-wheeled vehicle whose top speed is
greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to,
neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R.
s. 571 .500 ands. 316.2122, F.S.15

Florida law authorizes the operation of a low-speed vehicle on any road in this state with the following
restrictions:
• A low-speed vehicle may be operated only on streets where the posted speed limit is 35 miles
per hour or less but is not prohibited from crossing a road or street at an intersection where the
road or street has a posted speed limit of more than 35 miles per hour.
• A low-speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps,
taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle
identification numbers.
• A low-speed vehicle must be registered , insured, and titled.
• Any person operating a low-speed vehicle or mini truck must have in his or her possession a
valid driver license.
• The Department of Transportation (DOT), counties, and municipalities, if necessary in the
interest of safety, may prohibit the operation of low-speed vehicles on any road under their
respective jurisdictions. 16

For purposes of seasonal delivery personnel, 17 a low-speed vehicle, under certain restrictions for
package size and weight, annually from October 15 through January 31 may operate on any public

11
The exemptions are contained in ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and 3 l 6.303(1). F.S.
12
S. 319.145(1), F.S.
13
49 C.F.R. s 571.3.
14
49 C.F.R. s. 571.500
15
S. 320.01(41), F.S.
16
S. 316.2122, F.S.
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road within a residential area with a posted speed limit of 35 miles per hour or less. The vehicle must
be:
• Marked in a conspicuous manner with the name of the delivery service;
• Equipped with, at a minimum, the equipment required under s. 316.212(6), F.S., which includes
a reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices
in both the front and rear.
• Equipped with head lamps and tail lamps, in addition to the safety requirements in s.
316.212(6), F.S., if operated after sunset. 18

The license tax for an electric low-speed vehicle is the same as that prescribed for any other vehicle ,
generally based on vehicle type and weight. 19 Low-speed vehicles must have a license plate that
complies with the requirements for standard motor vehicles of s. 320.06, F.S., relating to, among other
things, plate symbols and numbers and renewal and replacement.

Low-Speed Autonomous Delivery Vehicles
Convenient delivery of goods to households is increasingly popular, particularly so in the current
pandemic. New types of vehicles designed specifically for such purposes are emerging. One such
vehicle is produced by Nuro, Inc., which produces an autonomous delivery vehicle called the R2X. 20
Nuro indicates the vehicle is about half the width and weight of a typical car. 21

The National Highway Traffic Safety Administration (NHTSA) has granted Nuro temporary exemptions
from three of the federal low-speed vehicle equipment requirements.
• The exterior and interior mirror requirement.
• The windshield glazing requirements.
• The rear visibility requirements (relating to backup camera "linger time"). 22 ·23

The exemption was granted for two years under a number of terms and conditions and authorizes Nuro
to produce 2,500 of the exempted R2X vehicles during any 12-month period of the exemption, or a
maximum of 5,000 exempted vehicles over the full two-year period of the exemption. The exemption
expires on February 10, 2022.24

Effect of the Bill

The bill amends s. 316.003, F.S., to define the term "low-speed autonomous delivery vehicle," (LSADV)
as a fully autonomous vehicle that meets the federal definition of a low-speed vehicle.

The bill authorizes an LSADV to operate on any road with the following restrictions:

17
Section 316.2126, F.S., defines the term "seasonal delivery personnel" as employees ofa licensed commercial delivery service that
has at least 10,000 persons employed in this state.
18
S. 316.2126(3), F.S.
19
Section 320.08, F.S., provides the statutory license tax based on vehicle type and weight.
20
See Nuro, About, : https://nuro.ai/about (last visited March 24, 2021).
21
See Nuro, Delivery Safety: Nuro 's Approach, p. 9,
https://static 1.squarespace.com/static/57bcb0e02994ca36c2ee746c/t/5b9a00848a922d8eaecf65a2/ 1536819358607/delivering_safety_n
uros_approach.pdf (last visited March 24, 2021 ).
22
Back-up camera linger time is how long that the image from the back-up camera must remain on the screen.
https ://www .cnet.com/roadshow/news/u-s-requiring-back-up-cameras-in-cars-by-
2018/#:-:text=For°/o20linger%20time%2C%20NHTSA%20mandates,a%20trailer°/o20or°/o20parallel%20parking. (last visited March
29, 2021).
23
See Federal Register, Volume 85, No. 28, Tuesday, February 11 , 2020, available at Federal Register: Nuro, Inc.; Grant of
Temporary Exemption for a Low-Speed Vehicle With an Automated Driving System
https://www.federalregister.gov/documents/2020/02/11/2020-02668/nuro-inc-grant-of-temporary-exemption-for-a-low-speed-vehicle-
with-an-automated-driving-system (last visited March 24, 2021 ).
24 [d
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• An LSADV may operate only on streets or roads where the posted speed limit is 35 miles per
hour or less, but is not prohibited from crossing a road or street at an intersection where the
road or street has a posted speed limit of more than 35 miles per hour.
• An LSADV may operate on a street or road with a posted speed limit of more than 35 miles per
hour, but no more than 45 miles per hour, if:
o The vehicle travels no more than 1 continuous mile on such a street or road, but the
vehicle may travel in excess of 1 continuous mile if authorized by the entity with
jurisdiction over the street or road;
o The vehicle operates exclusively in the right lane, other than for the purpose of
completing a turn ; and
o On a two-lane street or road where overtaking and passing another vehicle is unsafe
because of traffic moving in the opposite direction or because of other unsafe conditions,
and five or more vehicles are formed in a line behind the LSADV, the LSADV must exit
the roadway wherever a sufficient area for a safe turn-out exists, to permit the vehicles
following to proceed.

An LSADV must be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex
reflectors, and vehicle identification numbers. This provision conflicts with the federal equipment
requirements 25 for low-speed vehicles discussed above. However, the bill provides that federal
regulations adopted by NHTSA supersede this provision. Thus, only those LSADVs that comply with
the federal equipment requirements or are granted an exemption from the requirements are authorized
to operate under the restrictions in the bill.

The bill amends s. 316.215, F.S., rendering the provisions of any motor vehicle equipment laws or
regulations of this state, relating to or supporting motor vehicle operation by a human driver but not
relevant for an automated driving system, inapplicable to fully autonomous vehicles designed to be
operated exclusively by the automated driving system for all trips.

The bill has an effective date of July 1, 2021 .

B. SECTION DIRECTORY:
Section 1 Amends s. 316.003, F.S., providing definitions.

Section 2 Amends s. 316.2122, F.S., relating to the operation of a low speed vehicle, mini truck, or low
speed autonomous delivery vehicle on certain roadways.

Section 3 Amends s. 316.215, F.S., relating to scope and effect of regulation.

Sections 4-5 Amend ss. 316.306 and 655.960, F.S. , to conform cross-references.

Section 6 Provides an effective date of July 1, 2021 .

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues :
None.

2. Expenditures:
None.

25
49 C.F.R. s. 571.500.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues :
None.

2. Expenditures:
None

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
The fiscal impact of the bill is indeterminate because the number of LSADVs that will be deployed in
Florida is unknown. The bill is not clear as to whether LSADVs will need to be registered and titled. If
LSADVs are required to be registered and titled , the state will see likely see an insignificant positive
fiscal impact.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of sales tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking, nor does it require rulemaking .

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to DOT, LSADVs meet the definition of "low-speed vehicle" in Florida law26 Section
316.2126(3)(f), F.S., places seasonal and package size and weight restrictions on the use of low speed
vehicles by seasonal delivery personnel. The bill is not clear as to whether or not these restrictions and
other restrictions regarding low-speed vehicles would apply to LSADVs. 27

The bill is not clear as to whether LSADVs are required to be registered and titled with the Department
of Highway Safety and Motor Vehicles and pay the appropriate license tax or whether they are required
to carry any type of insurance.

26
Section 320.0 I (41 ), F .S., defines the term "low-speed vehicle" as any four-wheeled vehicle whose top speed is greater than 20 miles
per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low-speed vehicles must
comply with the safety standards in 4·9 C.F.R. s. 571.500 ands. 316.2122, F.S.
27
Department of Transportation, Agency Analysis ofHB 1289, p. 5. (February 25, 2021).
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 1289 2021

1 A bill to be entitled
2 An act relating to autonomous vehicles; amending s.
3 316.003, F.S.; defining the term "low-speed autonomous
4 delivery vehicle"; amending s. 316.2122, F.S.;
5 authorizing the operation of a low-speed autonomous
6 delivery vehicle on certain streets and roads;
7 providing construction; authorizing the operation of a
8 low-speed autonomous delivery vehicle on streets or
9 roads with a posted speed limit of up to 45 miles per
10 hour under specified conditions; providing
11 requirements for low-speed autonomous delivery
12 vehicles; amending s. 316.215, F.S.; providing that
13 certain fully autonomous vehicles are not subject to
14 certain provisions of law or regulations; amending ss.
15 316.306 and 655.960, F.S.; conforming cross-
16 references; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Present subsections (38) through (105) of
21 section 316.003, Florida Statutes, are redesignated as
22 subsections (39) through (106), respectively, a new subsection
23 (38) is added to that section, and present subsection (62) of
24 that section is amended, to read:
25 316.003 Definitions.-The following words and phrases, when

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26 used in this chapter, shall have the meanings respectively
27 ascribed to them in this section, except where the context
28 otherwise requires:
29 (38) LOW-SPEED AUTONOMOUS DELIVERY VEHICLE.-A fully
30 autonomous vehicle that meets the definition of a low-speed
31 vehicle in 49 C.F.R. s. 571.3.
32 J...§.ll_~ PRIVATE ROAD OR DRIVEWAY.-Except as otherwise
33 provided in paragraph ( 85) (b) ( 8 4) (b) , any privately owned way
34 or place used for vehicular travel by the owner and those having
35 express or implied permission from the owner, but not by other
36 persons.
37 Section 2. Section 316.2122, Florida Statutes, is amended
38 to read:
39 316.2122 Operation of a low-speed vehicleL er mini truckL
40 or low-speed autonomous delivery vehicle on certain roadways.-
41 J..ll The operation of a low-speed vehicle as defined ins.
42 320.01 or a mini truck as defined ins. 320.01 on any road is
43 authorized with the following restrictions:
44 (a)--B-+- A low-speed vehicle or mini truck may be operated
45 only on streets where the posted speed limit is 35 miles per
46 hour or less. This does not prohibit a low-speed vehicle or mini
47 truck from crossing a road or street at an intersection where
48 the road or street has a posted speed limit of more than 35
49 miles per hour.
50 (b)-R-t- A low-speed vehicle must be equipped with

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51 headlamps, stop lamps, turn signal lamps, taillamps, reflex
52 reflectors, parking brakes, rearview mirrors, windshields, seat
53 belts, and vehicle identification numbers.
54 Js:..L-t-3+- A low-speed vehicle or mini truck must be
55 registered and insured in accordance withs. 320.02 and titled
56 pursuant to chapter 319.
57 (d)-f4+- Any person operating a low-speed vehicle or mini
58 truck must have in his or her possession a valid driver license.
59 (2) The operation of a low-speed autonomous delivery
60 vehicle on any road is authorized with the following
61 restrictions:
62 (a) A low-speed autonomous delivery vehicle may operate
63 only on streets or roads where the posted speed limit is 35
64 miles per hour or less. This paragraph does not prohibit a low-
65 speed autonomous delivery vehicle from crossing a road or street
66 at an intersection where the road or street has a posted speed
67 limit of more than 35 miles per hour.
68 (b) A low-speed autonomous delivery vehicle may operate on
69 a street or road with a posted speed limit of more than 35 miles
70 per hour, but no more than 45 miles per hour, if:
71 1. The low-speed autonomous delivery vehicle travels no
72 more than 1 continuous mile on such a street or road, except
73 that the vehicle may travel in excess of 1 continuous mile if
74 authorized by the entity with jurisdiction over the street or
75 road;

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76 2. The low-speed autonomous delivery vehicle operates
77 exclusively in the right lane, other than for the purpose of
78 completing a turn; and
79 3. On a two-lane street or road where overtaking and
80 pass ing another vehicle is unsafe because of traffic moving in
81 the opposite direction or because of other unsafe conditions,
82 and five or more vehicles are formed in a line behind the
83 autonomous delivery vehicle, the low-speed autonomous delivery
84 vehicle exits the roadway wherever a sufficient area for a safe
85 tu r n -ou t exists, to permit the v ehicles follow i ng to p roceed.
86 (c) A low-speed autonomous delivery vehicle must be
87 equipped with headlamps, stop lamps, turn signal l a mp s ,
88 taillamps, reflex reflectors, and vehicle identification
89 numbers.
90 (d) Federal regulations adopted b y the National High way
91 Traffic Safety Administration shall supersede this subsection
92 when found to be in conflict with this subsection.
93 Jl.l_-f-§-+ A county or municipality may prohibit the operation
94 of low-speed vehicles or mini trucks on any road under its
95 jurisdiction if the governing body of the county or municipality
96 determines that such prohibition is necessary in the interest of
97 safety.
98 J..il_-+-€-t The Department of Transportation may prohibit the
99 operation of low-speed vehicles or mini trucks on any road under
100 its jurisdiction if it determines that such prohibition is

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101 necessary in the interest of safety.
102 Section 3. Present subsection (6) of section 316.215,
103 Florida Statutes, is redesignated as subsection (7), a new
104 subsection (6) is added to that section, and present subsection
105 (6) is republished, to read:
106 316.215 Scope and effect of regulations.-
107 (6) The provisions of any motor vehicle equipment laws or
108 regulations of this state which relate to or support motor
109 vehicle operation by a human driver but are not relevant for an
110 automated driving system shall not apply to fully autonomous
111 vehicles that are designed to be operated exclusively by the
112 automated driving system for all trips.
113 J..2.l-f-6+ A violation of this section is a noncriminal
114 traffic infraction, punishable as a nonmoving violation as
115 provided in chapter 318.
116 Section 4. Paragraph (a) of subsection (3) of section
117 316.306, Florida Statutes, is amended to read:
118 316.306 School and work zones; prohibition on the use of a
119 wireless communications device in a handheld manner.-
120 (3) (a)l. A person may not operate a motor vehicle while
121 using a wireless communications device in a handheld manner in a
122 designated school crossing, school zone, or work zone area as
123 defined ins. 316.003(106) s . 316 . 003(10§). This subparagraph
124 shall only be applicable to work zone areas if construction
125 personnel are present or are operating equipment on the road or

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126 immediately adjacent to the work zone area. For the purposes of
127 this paragraph, a motor vehicle that is stationary is not being
128 operated and is not subject to the prohibition in this
129 paragraph.
130 2.a. During the period from October 1, 2019, through
131 December 31, 2019, a law enforcement officer may stop motor
132 vehicles to issue verbal or written warnings to persons who are
133 in violation of subparagraph 1. for the purposes of informing
134 and educating such persons of this section. This sub-
135 subparagraph shall stand repealed on October 1, 2020.
136 b. Effective January 1, 2020, a law enforcement officer
137 may stop motor vehicles and issue citations to persons who are
138 driving while using a wireless communications device in a
139 handheld manner in violation of subparagraph 1.
140 Section 5. Subsection (1) of section 655.960, Florida
141 Statutes, is amended to read:
142 655.960 Definitions; ss. 655.960-655.965.-As used in this
143 section and ss. 655.961-655.965, unless the context otherwise
144 requires:
145 (1) "Access area" means any paved walkway or sidewalk
146 which is within 50 feet of any automated teller machine. The
147 term does not include any street or highway open to the use of
148 the public, as defined ins. 316.003(85)(a) or (b) -5-7-

149 316 .0 03(84) (a) or (b), including any adjacent sidewalk, as
150 defined ins. 316.003.

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151 Section 6. This act shall take effect July 1, 2021.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 1289 by Rep. McFarland
AUTONOMOUS VEHICLES

AMENDMENT SUMMARY
APRIL 1, 2021

Amendment 1 by Rep. Mcfarland (Line 92):
The amendment provides minimum insurance coverage requirements for "low-speed
autonomous delivery vehicles" that are identical to those contained in current law for
"autonomous vehicles" and e_stablishes how those requirements can be met.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1289 (2021)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &

2 Energy Subcommittee
3 Representative McFarland offered the following:
4
5 Amendment
6 Between lines 92 and 93, insert:
7 (e) A low-speed autonomous delivery vehicle must be covered
8 by a policy of automobile insurance which provides the coverage
9 required by s. 627. 7 4 9 ( 2) (a) 1., 2 . , and 3. The coverage
10 requirements of this paragraph may be satisfied by automobile
11 insurance maintained by the owner of a low-speed autonomous
12 delivery vehicle, the owner of the teleoperation system, the
13 remote h uman operator, or a combination thereof.

978767 - h1289-line 92.docx
Published On: 3/31/2021 4:13:47 PM
Page 1 of 1
I
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1385 Department of Transportation
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 1126

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Johnso

2) Infrastructure & Tourism Appropriations
Subcommittee

3) Commerce Committee

SUMMARY ANALYS
The bill addresses several matters related to the Department of Transportation (DOT). DOT's mission is to
provide a safe transportation system that ensures the mobility of people and goods, enhances economic
prosperity, and preserves the quality of our environment and communities . In summary, the bill:
• Clarifies that the Department of Revenue is responsible for transferring a portion of documentary stamp
tax revenues distributed to the General Revenue Fund from the State Transportation Trust Fund .
• Removes obsolete references to the general service revenue service charge from specified
transportation-related state revenues.
• Increases the authorized dollar amount of the alternative debt service cap on Right-of-Way Acquisition
and Bridge Construction bonds.
• Amends the Move Over Law to include road and bridge maintenance or construction vehicles
displaying warning lights.
• Authorizes persons to appear before the Commercial Motor Vehicle Review Board via communications
media technology, including video conference technologies.
• Restores DOT's rulemaking authority relating to airport zoning.
• Clarifies provisions relating to the notice and hearing that DOT is required to provide when a
transportation project on the State Highway System modifies an existing access to an abutting property.
• Revises from October 1 to August 1 the date for metropolitan planning organization annual submissions
of project priorities to the DOT districts.
• Removes the expiration date for Legislative Budget Commission chair and vice chair authority to
approve certain amendments to DOT's work program.

The bill may have a positive impact on state and local government revenues and an insignificant negative
impact on state government expenditures. The bill does not appear to impact local government expenditures.

The bill has an effective date of July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1385.T1E.D0CX
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Documentary Stamp Tax/General Revenue Fund Transfer

Current Situation
Chapter 201 , F.S. , imposes an excise tax on certain documents, known as the documentary stamp tax.
The Department of Revenue (DOR) administers ch . 201 , F.S. ,1 including the collection of documentary
stamp taxes, which are distributed each fiscal year to the General Revenue Fund and various state
trust funds.2

After certain required payments to the Land Acquisition Trust Fund 3 and the deduction of the General
Revenue service charge,4 the lesser of 24.18442 percent of the remainder or $541. 75 million is
allocated to the State Transportation Trust Fund (STTF) in each fiscal year. Of such funds, $75 million
must be transferred to the General Revenue Fund in each fiscal year. The remaining amount is
credited to the STTF and must be used for the following programs: New Starts Transit Program , the
Small County Outreach Program , the Strategic lntermodal System , the Transportation Regional
Incentive Program , and the Florida Rail Enterprise.5

While ch. 201, F.S., specifies that DOR administers the documentary stamp tax, DOR is not expressly
identified as the entity responsible for making the $75 million transfer from the STTF to the General
Revenue Fund each fiscal year.

Effect of the Bill
The bill clarifies that DOR is the entity respons ible for transferring the $75 million each fiscal year from
the STTF to the General Revenue Fund.

Obsolete General Revenue Surcharge References

Current Situation
Section 215.20(1 ), F.S., establishes an eight percent service charge to the General Revenue Fund
from all revenues deposited into most state trust funds, 6 representing the estimated pro rata share of
the cost of general government.

Section 215.211, F.S., eliminates or reduces the general revenue service charge for specified
proceeds. Effective July 1, 2002, the service charge for taxes distributed under s. 206.606(1) , F.S.,
relating to the distribution of motor fuel taxes , s. 212.0501 (6) , F.S. , relating to taxes on diesel fuel for
business purposes, ands. 319.32(5) , F.S., providing for the disposition of fees from certificate of title
transactions, were eliminated .7 Additionally, the service charge was eliminated, beginning July 1, 2001,
on taxes distributed under s. 206.608, F.S. , relating to the State Comprehensive Enhanced
Transportation System Tax. 8 While the service charge on the specified taxes was eliminated , obsolete
references to the service charge remain in statute.9

1
S. 201.11, F.S.
2
S. 20 l.15, F.S.
3
S. 201.15(1) and (2), F.S.
4
The General Revenue service charge is imposed bys. 215.20(1), F.S.
5
S. 201.15(4)(a), F.S.
6
Exceptions are enumerated in s. 215.22, F.S., including trust funds administered by the Department of Transportation.
7
S. 215.211(1), F.S.
8
S. 215.211(2), F.S.
9
DOT 2020 Legislative Proposal, Remove Obsolete Language Relating to Service Charge.
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Effect of the Bill
The bill amends ss. 206.606(1), 206.608, 212.0501(6), and 319.32(5), F.S., to remove obsolete
references to the general revenue service charge.

Right-of-Way Acquisition and Bridge Construction Bonds-Debt Service Cap

Current Situation
The Department of Transportation (DOT) is authorized to issue Right-of-Way Acquisition and Bridge
Construction bonds to finance or refinance the cost of acquiring real property for state roads or the cost
of state bridge construction. Except for bonds issued to refinance previously issued bonds, bonds must
be authorized by the Legislature and must be issued pursuant to the State Bond Act. 10 ·11

Section 206.46, F.S., authorizes DOT to transfer up to seven percent of the revenues deposited into
the STIF in each fiscal year to the Right-of-Way Acquisition and Bridge Construction Trust Fund, to
meet the requirements to meet outstanding or proposed bond obligations. Notwithstanding this
authorized annual transfer, the annual amount transferred may not exceed an amount necessary to
provide the required debt service coverage levels for a maximum debt service of $275 million, 12 which
was last set in 2005.13

Section 339.139, F.S. , requires DOT to manage all levels of debt to ensure that no more than 20
percent of total projected available state and federal revenues from the STIF, together with any local
funds committed to DOT projects, are committed to certain obligations in any year. Right-of-Way
Acquisition and Bridge Construction Bonds are included in DOT's overall debt assessment.

In 2020, based on DOT's most recent bond sale and Revenue Estimating Conference projections at the
time, the limit on debt service based on the seven-percent threshold would have been $287 million in
Fiscal Year 2019-2020 (based on revenues of $4.1 billion), growing to $350 million in Fiscal Year 2028-
2029 (based on revenues of $5 billion). 14

Under the current statutory limit, the $275 million cap leaves DOT with about $100 million of available
bonding capacity. 15

Effect of the Bill
The bill amends s. 206.46, F.S., to increase DOT's maximum debt service coverage level from $275
million to $350 million. Under the bill, debt service may not exceed seven percent of the revenues
deposited into the STTF or $350 million, whichever is less. The increase of the debt service cap will
provide DOT with additional bonding capacity, offering it more flexibility in financing certain projects.

Move Over Law

Current Situation
Under Florida's Move Over Law, if an emergency vehicle, a sanitation vehicle, a utility service vehicle,
or a wrecker is working along the side of the road, every other driver must vacate the lane closest to
the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle . If
such movement cannot be safely accomplished, the driver must reduce his or her speed to a speed
that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per
hour or greater, or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less.16

10
The State Bond Act is codified in ss. 215 .57-215 .83, F.S.
11
S. 215 .605, F.S.
12
S. 206.46(2), F.S.
13
Ch. 2005-290, L.O.F.
14 DOT 2020 Legislative Proposals, Change in the Right-of-Way Acquisition and Bridge Construction Bonds Debt Service Cap.
1s Id.
16
S. 316.126(l)(b), F.S.
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The purpose of the Move Over Law is to protect workers stopped along the road performing their
jobs. 17

A violation of the Move Over Law is a noncriminal traffic infraction, punishable as a moving violation. 18
The statutory base fine for a moving violation is $60, but with additional fees assessed by the state and
local governments, the total fine increases to up to $158. 19

According to DOT, for the safety of both workers and the public, temporary traffic control 20 is required
for maintenance and construction activities. However, due to the risks associated with setting up
temporary traffic controls for short duration work activities, such as fence repair, ditch repair, or tree
trimming, such controls may be omitted. This places road and bridge maintenance or construction
vehicles in situations similar to vehicles identified in the Move Over Law, where they are working along
the road without protection from adjacent traffic.

Section 316.2397, F.S., prohibits certain lights on vehicles and provides certain exceptions. With regard
to road and bridge construction or maintenance vehicles, the statute provides that:
• Road or street maintenance equipment, road or street maintenance vehicles, road service
vehicles, refuse collection vehicles, petroleum tankers, and mail carrier vehicles may show or
display amber lights when in operation or a hazard exists.
• Road maintenance and construction equipment and vehicles may display flashing white lights or
flashing white strobe lights when in operation and where a hazard exists.21

Effect of the Bill
The bill amends the Move Over Law to include road and bridge maintenance or construction vehicles
displaying warning lights consistent withs. 316.2397, F.S., and operating on the roadside without
advance signs and channelizing devices (such as traffic cones or barricades). This will require drivers
to move over to a different lane or decrease their speed when road and bridge maintenance or
construction vehicles are displaying warning lights on the roadside .

Commercial Motor Vehicle Review Board

Current Situation
Section 316.545(7), F.S., creates the Commercial Motor Vehicle Review Board (board) within DOT,
consisting of three permanent members who are the Secretary of Transportation, the executive director
of the Department of Highway Safety and Motor Vehicles, and the Commissioner of Agriculture, or their
authorized representatives, and four additional members appointed by the Governor or the
Commissioner of Agriculture representing various industries. The board may review any penalty
imposed upon any vehicle or person relating to the weight imposed on the roads by the axles and
wheels of motor vehicles, to special fuel and motor fuel tax compliance, or to violations of safety
regulations. The board is authorized to hold sessions and conduct proceedings at any place. 22
According to DOT's website, the board meets in Tallahassee. 23

17
Florida Driver Handbook, 2020, p. 44, available at https://www3.flhsmv.gov/handbooks/englishdriverhandbook.pdf(last visited
Feb. 17, 2021 ).
18
S. 316.126(6), F.S.
19
Florida Court Clerks and Comptrollers Association, 2020 Distribution of Court Related Filing Fees, Service Charges, and Fines, p.
23. available at
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_ 2021/21 bull005 _ Attach_2_ 2020_ Dist.pdf (last
visited Feb. 17, 2021 ).
20
Temporary traffic control refers to the devices and personnel that change road conditions for a work zone or following an incident.
Email from John Kotyk, Deputy Director Legislative Affairs, Department of Transportation, Questions, January 31, 2020.
21
Ss. 316.2397(4) and (5), F.S.
22
Section 316.545(8), F .S.
23
Commercial Motor Vehicle Review Board, https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 11, 2021)
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Any person against whom a penalty is imposed may apply to the board for a modification, cancellation,
or revocation of the penalty. A written explanation provided within a letter protesting a penalty is
acceptable in lieu of physical attendance by a person requesting a hearing before the board, but
attendance "will provide the petitioner the opportunity to respond to board inquiries into subjects that
the petitioner may have overlooked when drafting his letter of protest." 24 Appearance by telephone is
not available, but DOT is required to provide space and video conference capability at each of its seven
district offices25 to enable a person requesting a hearing to appear remotely before the board, provided
the requester notifies the board at least 14 calendar days before the hearing date. 26

By rule of the Administration Commission, agencies are currently authorized to conduct proceedings
using communications media technology, i.e., the electronic transmission of printed matter, audio, full-
motion video, freeze frame video, compressed video, and digital video by any method available.27 This
definition appears to include commonly available video conferencing programs.

Effect of the Bill
The bill authorizes a person appearing before the board to appear remotely via communications media
technology. The bill also removes the requirement that DOT provide space in its district offices for
persons to appear via video conference.

Airport Zoning-Rulemaking

Current Situation
In 2016, the Legislature amended 28 ch. 333, F.S., which contains airport zoning provisions relating to
the management of airspace and land use at or near airports. In general, the 2016 law:
• Updated statutory definitions and terms in accordance with federal regulations.
• Streamlined the local airport protection zoning process to a simpler permitting model.
• Provided local governments the flexibility to structure and incorporate the airport protection
zoning review process into existing local zoning review processes and repealed duplicative
requirements for obtaining a variance.

DOT has a long-standing rule 29 "Airport Licensing, Registration, and Airspace Protection," the purpose
of which is "to promote safe civil aviation by eliminating hazards; to provide airfield standards for
airports; to provide standards for airport marking and lighting; to license and register airports, pursuant
to the licensing and registration requirements of ch. 330, F.S., and to promote flight safety by providing
for airspace protection, pursuant to the requirements of ch. 333, F.S." However, the 2016 amendments
to ch. 333, F.S., eliminated this authority.

Effect of the Bill
The bill creates s. 333.15, F.S. , to require DOT to adopt rules to implement ch . 333, F.S., thereby
providing specific statutory authority for Rule 14-60, F.A.C.

Transportation Projects Modifying Access to Adjacent Property

Current Situation
Whenever DOT proposes any project on the State Highway System which will divide a state highway,
erect median barriers modifying currently available vehicle turning movements, or have the effect of

24
See DOT, Traffic Engineering and Operations Office, Commercial Motor Vehicle Review Board, for more details on the Board, as
well as its 2021 meeting schedule, available at Commercial Motor Vehicle Review Board
https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 11, 2021).
25
DOT's district offices are located in Bartow, Lake City, Chipley, Ft. Lauderdale, Deland, Miami, and Tampa.
26
See DOT, Traffic Engineering and Operations Office, Commercial Motor Vehicle Review Board,
https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 29, 2021).
27
Fla. Admin. Code R. 28-109, F.A.C.
28
Ch. 2016-239, L.O.F.
29
R. 14-60, F.A.C.
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closing or modifying an existing access to an abutting property owner, DOT must notify all affected
property owners, municipalities, and counties at least 180 days before the design of the project is
finalized . DOT's notice must provide a written explanation regarding the need for the project and
indicate that all affected parties will be given an opportunity to provide comments to DOT regarding
potential impacts of the change. 30

DOT must also consult with the applicable local government on its final design proposal if the
department intends to divide a state highway, erect median barriers, or close or modify existing access
to abutting commercial business properties. The local government may present DOT with alternatives
that relieve impacts to such business properties. 31

DOT must hold at least one public hearing in the jurisdiction where the project is located and receive
public input to determine how the project will affect access to businesses and the potential economic
impact of the project on the local business community.32

DOT must review all comments from the public hearing and take the comments and any alternatives
presented by a local government into consideration in the final design of the highway project. 33

Effect of the Bill
The bill clarifies that DOT must provide the required notice at least 180 days before the design phase of
the project is completed, rather than finalized.

The bill also revises all occurrences of the word "hearing" to "meeting." The bill also clarifies that DOT
must hold at least one public meeting prior to completing the design phase of the project, so that DOT
can review all comments from the public meeting and take the comments and any alternatives
presented by a local government during the meeting into consideration in the final design of the project.

Work Program Submission Deadline

Present Situation
As part of its budgeting process, DOT prepares a tentative work program, based on the district34 work
programs.35 Each district's work program is developed cooperatively with the state's metropolitan
planning organizations (MPOs)36 and includes, to the maximum extent feasible, the project priorities of
MPOs that have been submitted to the district by October 1 of each year. 37 However, DOT and an
MPO may agree, in writing, to vary this submittal date.38

Prior to submitting the district work program to the central office, each district holds public hearings and
makes a presentation to each MPO to determine the necessity of making any changes to the district
work program. 39 Following submission of each district's work program to the central office, DOT
develops its tentative work program based on the district work programs. 40

DOT's central office submits a preliminary copy of its tentative work program to the Executive Office of
the Governor, the legislative appropriations committees, the Florida Transportation Commission, and

30
S. 335.199(1), F.S.
31
S. 335.199(2)(b), F.S.
32
S. 33 5.199(3), F.S.
33
S. 335 .199(4), F.S.
34
DOT is a decentralized agency and most of its project development and operations are done through its seven geographic districts.
35
Section 339.135(4)(b)l , F.S.
36
MPOs are federally-required regional transportation planning entities in urbanized areas with populations of 50,000 or more
persons.
37
This is pursuant to s. 339. l 75(8)(b), F.S.
38
S. 339.135(4)(c)2., F.S.
39
S. 339.135(4)(d), F.S.
40
S. 339.135(4)(e), F.S.
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the Department of Economic Opportunity at least 14 days prior to the convening of the regular
legislative session. 41 Following a public hearing and evaluation by the Florida Transportation
Commission, DOT submits the tentative work program to the Executive Office of the Governor and the
legislative appropriations committees no later than 14 days after the regular legislative session
begins. 42

According to DOT, because the Legislature begins its annual session in January in even-numbered
years, the period for DOT to complete its work program process has accelerated. DOT has requested
that MPOs submit their project priorities sooner than October 1 in order for DOT to have ample time to
complete its required processes. 43

Effect of the Bill
The bill changes the deadline by which MPOs must submit their project priorities to DOT from October
1 to August 1. The change will provide DOT with additional time to complete its work program process
prior to the beginning of the annual legislative session .

Work Program Amendments

Current Situation
Current law authorizes DOT to amend its adopted work program and provides procedures for such
amendments. 44 However, any work program amendment that transfers fixed capital outlay
appropriations between categories or increases an appropriation category is subject to approval by the
Legislative Budget Commission (LBC).

Prior to 2016, if an LBC meeting could not be held within 30 days after DOT submitted an amendment,
the chair and vice chair of the LBC could approve the amendment. 45 In 2016, the Legislature repealed
this authorization.46 In 2019, this authorization was reinstated with an expiration date of July 1, 2020. 47
In 2020, the authorization was reinstated with an expiration date of July 1, 2021 .48

Effect of the Bill
The bill removes the expiration of authorization for LBC chair and vice chair approval of amendments to
DOT's adopted work program, thereby making the provision permanent.

Effective Date

The bill has an effective date of July 1, 2021.

B. SECTION DIRECTORY:
Section 1 Amends s. 201.15, F.S., relating to the distribution of taxes collected .

Section 2 Amends s. 206.46, F.S., relating to the State Transportation Trust Fund.

Section 3 Amends s. 206.606, F.S., relating to the distribution of certain proceeds.

Section 4 Amends s. 206.608, F.S., relating to the State Comprehensive Enhanced Transportation
System Tax.

41
S. 339.135(4)(t), F.S.
42
S. 339.135(4)(h), F.S.
43
Department of Transportation 2020 Legislative Proposal, Advance MPO Deadline to Submit Project Priorities
44
Section 339.135(7), F.S.
45
S. 339.135(7)(g), F.S. (2015).
46
S. 16, Ch. 2016-181, L.O.F.
47
S. 101, Ch. 2019-116, L.O.F.
48
S. 93, Ch. 2020-144, L.O.F.
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Section 5 Amends s. 212.0501, F.S., relating to the tax on diesel fuel for business purposes.

Section 6 Amends s. 316.126, F .S., relating to the operation of vehicles and actions of pedestrians on
approach of an authorized emergency, sanitation, or utility service vehicle.

Section 7 Amends s. 316.545, F.S., relating to weight and load unlawful; special fuel and motor fuel
tax enforcement; inspection; penalty; review.

Section 8 Amends s. 319.32, F.S., relating to fees ; service charges; disposition.

Section 9 Creates s. 333.15, F.S., providing rulemaking authority.

Section 1O Amends s. 335.199, F .S., relating to transportation projects modifying access to adjacent
property.

Section 11 Amends s. 339.135, F.S., relating to DOT's work program.

Section 12 Amends s. 339.175, F.S., relating to Metropolitan Planning Organizations.

Section 13 Provides an effective date of July 1, 2021 .

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may have a positive impact on state government revenues due to additional penalties
associated with adding road and bridge construction and maintenance vehicles to the Move Over
Law.

2. Expenditures:
The bill may have an insignificant negative impact on state government expenditures. The
Department of Highway Safety and Motor Vehicles may incur expenditures associated with
enforcement and public awareness regarding change to the Move Over Law.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may have a positive impact on local government revenues due to additional penalties
associated with adding road and bridge construction and maintenance vehicles to the Move Over
Law.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Individuals that appear before the Commercial Motor Vehicle Review Board remotely via
communications media technology will likely save some expenses.

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D. FISCAL COMMENTS:
Increasing the $275 million debt cap on Right-of-Way and Bridge Construction Bonds will provide DOT
with additional flexibility to utilize that program to meet future bridge replacement needs with minimal
disruption to capacity projects in DOT's work program. 49

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill requires DOT to establish rules regarding airport zoning.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

49
Department of Transportation, 2020 Legislative Proposal, Change in Right-of-Way Acquisition and Bridge Construction Bond Debt
Service Cap.
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DATE: 3/30/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 1385 2021

1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 amending s. 201.15, F.S.; clarifying that the
4 Department of Revenue is responsible for a certain
5 transfer from the State Treasury to the General
6 Revenue Fund of a portion of documentary stamp tax
7 distributions credited to the State Transportation
8 Trust Fund; amending s. 206.46, F.S.; revising a
9 limitation on an annual transfer from the State
10 Transportation Trust Fund to the Right-of-Way
11 Acquisition and Bridge Construction Trust Fund;
12 amending ss. 206.606, 206.608, and 212.0501, F.S.;
13 removing a requirement for the deduction of certain
14 service charges before the distribution of certain
15 moneys; amending s. 316.126, F.S.; requiring vehicle
16 operators to vacate the lane closest to certain road
17 and bridge maintenance or construction vehicles or
18 reduce speed upon approach; amending s. 316.545, F.S.;
19 deleting a requirement that the Department of
20 Transportation provide space and video conference
21 capability at each of the department's district
22 offices as an alternative to physical appearance by a
23 person requesting a hearing before the Commercial
24 Motor Vehicle Review Board within the department;
25 requiring the department to allow a person requesting

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26 a hearing to appear remotely via communications media
27 technology authorized by a specified rule; amending s.
28 319.32, F.S.; removing a requirement for the deduction
29 of certain service charges before depositing fees for
30 a certificate of title into the State Transportation
31 Trust Fund; creating s. 333.15, F.S.; requiring the
32 department to adopt rules to implement ch. 333, F.S.,
33 relating to airport zoning; amending s. 335.199, F.S.;
34 requiring the department, when proposing any project
35 on the State Highway System which will close or modify
36 an existing access to an abutting property owner, to
37 provide notice to affected property owners,
38 municipalities, and counties at least 180 days before
39 the design phase of the project is completed;
40 requiring the department to hold at least one public
41 meeting before completing the design phase of the
42 project; making a technical change; amending s.
43 339.135, F.S.; revising the date by which a
44 metropolitan planning organization must annually
45 submit project priorities to the appropriate
46 department district for purposes of developing
47 department district work programs; removing the
48 expiration of provisions relating to approval of
49 department work program amendments when a meeting of
50 the Legislative Budget Commission cannot be held

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51 within a specified timeframe; amending s. 339.175,
52 F.S.; revising the date by which a metropolitan
53 planning organization must annually submit a list of
54 project priorities to the appropriate department
55 district for purposes of developing department
56 district work programs and developing metropolitan
57 planning organization transportation improvement
58 programs; amending s. 338.2278, F.S.; conforming
59 cross-references; providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Paragraph (a) of subsection (4) of section
64 201.15, Florida Statutes, is amended to read:
65 201.15 Distribution of taxes collected.-All taxes
66 collected under this chapter are hereby pledged and shall be
67 first made available to make payments when due on bonds issued
68 pursuant to s. 215.618 ors. 215.619, or any other bonds
69 authorized to be issued on a parity basis with such bonds. Such
70 pledge and availability for the payment of these bonds shall
71 have priority over any requirement for the payment of service
72 charges or costs of collection and enforcement under this
73 section. All taxes collected under this chapter, except taxes
74 distributed to the Land Acquisition Trust Fund pursuant to
75 subsections (1) and (2), are subject to the service charge

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76 imposed ins. 215.20(1). Before distribution pursuant to this
77 section, the Department of Revenue shall deduct amounts
78 necessary to pay the costs of the collection and enforcement of
79 the tax levied by this chapter. The costs and service charge may
80 not be levied against any portion of taxes pledged to debt
81 service on bonds to the extent that the costs and service charge
82 are required to pay any amounts relating to the bonds. All of
83 the costs of the collection and enforcement of the tax levied by
84 this chapter and the service charge shall be available and
85 transferred to the extent necessary to pay debt service and any
86 other amounts payable with respect to bonds authorized before
87 January 1, 2017, secured by revenues distributed pursuant to
88 this section. All taxes remaining after deduction of costs shall
89 be distributed as follows:
90 (4) After the required distributions to the Land
91 Acquisition Trust Fund pursuant to subsections (1) and (2) and
92 deduction of the service charge imposed pursuant to s.
93 215.20(1), the remainder shall be distributed as follows:
94 (a) The lesser of 24.18442 percent of the remainder or
95 $541.75 million in each fiscal year shall be paid into the State
96 Treasury to the credit of the State Transportation Trust Fund.
97 Of such funds, $75 million for each fiscal year shall be
98 transferred by the Department of Revenue to the General Revenue
99 Fund. Notwithstanding any other law, the remaining amount
100 credited to the State Transportation Trust Fund shall be used

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101 for:
102 1. Capital funding for the New Starts Transit Program,
103 authorized by Title 49, U.S.C. s. 5309 and specified ins.
104 341.051, in the amount of 10 percent of the funds;
105 2. The Small County Outreach Program specified ins.
106 339.2818, in the amount of 10 percent of the funds;
107 3. The Strategic Intermodal System specified in ss.
108 339.61, 339.62, 339.63, and 339.64, in the amount of 75 percent
109 of the funds after deduction of the payments required pursuant
110 to subparagraphs 1. and 2.; and
111 4. The Transportation Regional Incentive Program specified
112 ins. 339.2819, in the amount of 25 percent of the funds after
113 deduction of the payments required pursuant to subparagraphs 1.
114 and 2. The first $60 million of the funds allocated pursuant to
115 this subparagraph shall be allocated annually to the Florida
116 Rail Enterprise for the purposes established ins. 341.303(5).
117 Section 2. Subsection (2) of section 206.46, Florida
118 Statutes, is amended to read:
119 206.46 State Transportation Trust Fund.-
120 (2) Notwithstanding any other provisions of law, from the
121 revenues deposited into the State Transportation Trust Fund a
122 maximum of 7 percent in each fiscal year shall be transferred
123 into the Right-of-Way Acquisition and Bridge Construction Trust
124 Fund created ins. 215.605, as needed to meet the requirements
125 of the documents authorizing the bonds issued or proposed to be

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126 issued under ss. 215.605 and 337.276 or at a minimum amount
127 sufficient to pay for the debt service coverage requirements of
128 outstanding bonds. Notwithstanding the 7 percent annual transfer
129 authorized in this subsection, the annual amount transferred
130 under this subsection may shall not exceed an amount necessary
131 to provide the required debt service coverage levels for a
132 maximum debt service not to exceed $350 ~ million. Such
133 transfer shall be payable primarily from the motor and diesel
134 fuel taxes transferred to the State Transportation Trust Fund
135 from the Fuel Tax Collection Trust Fund.
136 Section 3. Subsection (1) of section 206.606, Florida
137 Statues, is amended to read:
138 206.606 Distribution of certain proceeds.-
139 (1) Moneys collected pursuant to ss. 206.41 (1) (g) and
140 206.87 (1) (e) shall be deposited in the Fuel Tax Collection Trust
141 Fund. Such moneys, after deducting the service charges imposed
142 bys . 215.20 , the refunds granted pursuant to s. 206.417 and the
143 administrative costs incurred by the department in collecting,
144 administering, enforcing, and distributing the tax, which
145 administrative costs may not exceed 2 percent of collections,
146 shall be distributed monthly to the State Transportation Trust
147 Fund, except that:
148 (a) $6.30 million shall be transferred to the Fish and
149 Wildlife Conservation Commission in each fiscal year and
150 deposited in the Invasive Plant Control Trust Fund to be used

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151 for aquatic plant management, including nonchemical control of
152 aquatic weeds, research into nonchemical controls, and
153 enforcement activities. The commission shall allocate at least
154 $1 million of such funds to the eradication of melaleuca.
155 (b) Annually, $2.5 million shall be transferred to the
156 State Game Trust Fund in the Fish and Wildlife Conservation
157 Commission and used for recreational boating activities and
158 freshwater fisheries management and research. The transfers must
159 be made in equal monthly amounts beginning on July 1 of each
160 fiscal year. The commission shall annually determine where unmet
161 needs exist for boating-related activities, and may fund such
162 activities in counties where, due to the number of vessel
163 registrations, sufficient financial resources are unavailable.
164 1. A minimum of $1.25 million shall be used to fund local
165 projects to provide recreational channel marking and other
166 uniform waterway markers, public boat ramps, lifts, and hoists,
167 marine railways, and other public launching facilities, derelict
168 vessel removal, and other local boating-related activities. In
169 funding the projects, the commission shall give priority
170 consideration to:
171 a. Unmet needs in counties having populations of 100,000
172 or less fewer.
173 b. Unmet needs in coastal counties having a high level of
174 boating-related activities from individuals residing in other
175 counties.

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176 2. The remaining $1.25 million may be used for
177 recreational boating activities and freshwater fisheries
178 management and research.
179 3. The commission may adopt rules to administer a Florida
180 Boating Improvement Program.
181
182 The commission shall prepare and make available on its Internet
183 website an annual report outlining the status of its Florida
184 Boating Improvement Program, including the projects funded, and
185 a list of counties whose needs are unmet due to insufficient
186 financial resources from vessel registration fees.
187 (c) 0.65 percent of moneys collected pursuant to s.
188 206.41(1) (g) shall be transferred to the Agricultural Emergency
189 Eradication Trust Fund.
190 (d) $13.4 million in fiscal year 2007-2008 and each fiscal
191 year thereafter of the moneys attributable to the sale of motor
192 and diesel fuel at marinas shall be transferred from the Fuel
193 Tax Collection Trust Fund to the Marine Resources Conservation
194 Trust Fund in the Fish and Wildlife Conservation Commission.
195 Section 4. Section 206.608, Florida Statutes, is amended
196 to read:
197 206.608 State Comprehensive Enhanced Transportation System
198 Tax; deposit of proceeds; distribution.-Moneys received pursuant
199 to ss. 206.41 (1) (f) and 206.87 (1) (d) shall be deposited in the
200 Fuel Tax Collection Trust Fund, and, after deducting the service

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201 charge i.FRposcd in chapter 215 and administrative costs incurred
202 by the department in collecting, administering, enforcing, and
203 distributing the tax, which administrative costs may not exceed
204 2 percent of collections, shall be distributed as follows:
205 (1) 0.65 percent of the proceeds of the tax levied
206 pursuant to s. 206. 41 (1) (f) shall be transferred to the
207 Agricultural Emergency Eradication Trust Fund.
208 (2) The remaining proceeds of the tax levied pursuant to
209 s. 206. 41 (1) (f) and all of the proceeds from the tax imposed by
210 s. 206. 87 (1) (d) shall be transferred into the State
211 Transportation Trust Fund, and may be used only for projects in
212 the adopted work program in the district in which the tax
213 proceeds are collected and, to the maximum extent feasible, such
214 moneys shall be prograrruned for use in the county where
215 collected. However, no revenue from the taxes imposed pursuant
216 toss. 206.41(1) (f) and 206.87(1) (d) in a county shall be
217 expended unless the projects funded with such revenues have been
218 included in the work program adopted pursuant to s. 339.135.
219 Section 5. Subsection (6) of section 212.0501, Florida
220 Statutes, is amended to read:
221 212.0501 Tax on diesel fuel for business purposes;
222 purchase, storage, and use.-
223 (6) All taxes required to be paid on fuel used in self-
224 propelled off-road equipment shall be deposited in the Fuel Tax
225 Collection Trust Fund, to be distributed, after deduction of the

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226 general revenue service charge pursuant to s. 215.20 , to the
227 State Transportation Trust Fund. The department shall, each
228 month, make a transfer, from general revenue collections, equal
229 to such use tax reported on dealers' sales and use tax returns.
230 Section 6. Paragraph (b) of subsection (1) of section
231 316.126, Florida Statutes, is amended to read:
232 316.126 Operation of vehicles and actions of pedestrians
233 on approach of certain an authorized emergency , sanitation , or
234 utility service vehicles vehicle.-
235 ( 1)

236 (b) If an authorized emergency vehicle displaying any
237 visual signals is parked on the roadside, a sanitation vehicle
238 is performing a task related to the provision of sanitation
239 services on the roadside, a utility service vehicle is
240 performing a task related to the provision of utility services
241 on the roadside, e-r a wrecker displaying amber rotating or
242 flashing lights is performing a recovery or loading on the
243 roadside, or a road and bridge maintenance or construction
244 vehicle displaying warning lights is on the roadside without
245 advance signs and channelizing devices, the driver of every
246 other vehicle, as soon as it is safe:
247 1. Shall vacate the lane closest to the emergency vehicle,
248 sanitation vehicle, utility service vehicle, e-r wrecker, or road
249 and bridge maintenance or construction vehicle when driving on
250 an interstate highway or other highway with two or more lanes

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251 traveling in the direction of the emergency vehicle, sanitation
252 vehicle, utility service vehicle, -er wrecker, or road and bridge
253 maintenance or construction vehicle, except when otherwise
254 directed by a law enforcement officer. If such movement cannot
255 be safely accomplished, the driver shall reduce speed as
256 provided in subparagraph 2.
257 2. Shall slow to a speed that is 20 miles per hour less
258 than the posted speed limit when the posted speed limit is 25
259 miles per hour or greater; or travel at 5 miles per hour when
260 the posted speed limit is 20 miles per hour or less, when
261 driving on a two-lane road, except when otherwise dire cted by a
262 law enforcement officer.
263 Section 7. Paragraph (f) of subsection (7) of section
2 64 316.545, Florida Statutes, is amended to read:
265 316.545 Weight and load unlaw f ul; special fuel a nd moto r
266 fuel tax enforcement; inspection; penalty; review.-
267 (7) There is created within the Department of
268 Tra nsportation the Commercial Motor Vehicl e Review Board,
269 consist i ng of three permane nt members who s h a ll be t he Secreta ry
270 of Transportation, the executive director of the Department of
2 71 Highway Safe ty and Motor Vehicles, and the Commissioner of
272 Agriculture , or t h ei r au t h or ized r e presentatives, a nd four
273 a dditional members a ppointed pursua nt to paragrap h (b ), wh ich
274 may review any penalty imposed upon any vehicle or person under
2 75 the provis i ons of this chapter r elati ng to wei ghts i mposed on

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276 the highways by the axles and wheels of motor vehicles, to
277 special fuel and motor fuel tax compliance, or to violations of
278 safety regulations.
279 (f) The review board may hold sessions and conduct
280 proceedings at any place within the state. As an alternative to
281 appearing physically physical appearance, and in adaition to any
282 other method of appearance authorized bJ; rule, the Department of
283 Transportation shall allow provide space and video con£erencc
284 capabili ty at each district office to enable a person requesting
285 a hearing to appear remotely before the board via communications
286 media technology authorized by chapter 28-109, Florida
287 Administrative Code, regardless of the physical location of the
288 board proceeding.
289 Section 8. Subsection (5) of section 319.32, Florida
2 90 Statutes, is amended to read:
291 319.32 Fees; service charges; disposition.-
292 (5) (a) Forty-seven dollars of each fee collected, except
293 for fees charged on a certificate of title for a motor vehicle
294 for hire registered under s. 320.08(6), for each applicable
295 original certificate of title and each applicable duplicate copy
296 of a certificate of title, after deducting the service charges
297 imposed bys. 215 . 20 , shall be deposited into the State
298 Transportation Trust Fund. Deposits to the State Transportation
299 Trust Fund pursuant to this paragraph may not exceed $200
300 million in any fiscal year, and any collections in excess of

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301 that amount during the fiscal year shall be paid into the
302 General Revenue Fund.
303 (b) All fees collected pursuant to subsection (3) shall be
304 paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
305 each fee, except for fees charged on a certificate of title for
306 a motor vehicle for hire registered under s. 320.08(6), for each
307 applicable original certificate of title and each applicable
308 duplicate copy of a certificate of title, after deducting the
309 service charges imposed bys. 215.20, shall be deposited into
310 the State Transportation Trust Fund. All other fees collected by
311 the department under this chapter shall be paid into the General
312 Revenue Fund.
313 Section 9. Section 333.15, Florida Statutes, is created to
314 read:
315 333.15 Rulemaking authority.-The department shall adopt
316 rules pursuant toss. 120.536(1) and 120.54 to implement this
317 chapter.
318 Section 10. Subsections ( 1) , ( 3) , and ( 4) of section
319 335.199, Florida Statutes, are amended to read:
320 335.199 Transportation projects modifying access to
321 adjacent property.-
322 (1) Whenever the Department of Transportation proposes any
323 project on the State Highway System which will divide a state
324 highway, erect median barriers modifying currently available
325 vehicle turning movements, or have the effect of closing or

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326 modifying an existing access to an abutting property owner, the
327 department shall notify all affected property owners,
328 municipalities, and counties at least 180 days before the design
329 phase of the project is completed finalized. The department's
330 notice shall provide a written explanation regarding the need
331 for the project and indicate that all affected parties will be
332 given an opportunity to provide comments to the department
333 regarding potential impacts of the change.
334 (3) The department shall hold at least one public meeting
335 before completing the design phase of the project hearing in the
336 jurisdiction where the project is located and receive public
337 input to determine how the project will affect access to
338 businesses and the potential economic impact of the project on
339 the local business community.
340 (4) The department must review all comments from the
341 p ublic meeting hearing and take the comments and any
342 alternatives presented by a local government under subsection
343 (2) into consideration in the final design of the highway
344 project.
345 Section 11. Paragraph (c) of subsection (4) and paragraph
346 (g) of subsection (7) of section 339.135, Florida Statutes, are
347 amended to read:
348 339.135 Work program; legislative budget request;
349 definitions; preparation, adoption, execution, and amendment.-
350 ( 4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-

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351 (c)l. For purposes of this section, the board of county
352 commissioners shall serve as the metropolitan planning
353 organization in those counties which are not located in a
354 metropolitan planning organization and shall be involved in the
355 development of the district work program to the same extent as a
356 metropolitan planning organization.
357 2. The district work program shall be developed
358 cooperatively from the outset with the various metropolitan
359 planning organizations of the state and include, to the maximum
360 extent feasible, the project priorities of metropolitan planning
361 organizations which have been submitted to the district by
362 August 1 October 1 of each year pursuant to s. 33 9 .175 ( 8) (b) ;
363 however, the department and a metropolitan planning organization
364 may, in writing, cooperatively agree to vary this submittal
365 date. To assist the metropolitan planning organizations in
366 developing their lists of project priorities, the district shall
367 disclose to each metropolitan planning organization any
368 anticipated changes in the allocation or programming of state
369 and federal funds which may affect the inclusion of metropolitan
370 planning organization project priorities in the district work
371 program.
372 3. Before Prior to submittal of the district work program
373 to the central office, the district shall provide the affected
374 metropolitan planning organization with written justification
375 for any project proposed to be rescheduled or deleted from the

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376 district work program which project is part of the metropolitan
377 planning organization's transportation improvement program and
378 is contained in the last 4 years of the previous adopted work
379 program. By no later than 14 days after submittal of the
380 district work program to the central office, the affected
381 metropolitan planning organization may file an objection to such
382 rescheduling or deletion. When an objection is filed with the
383 secretary, the rescheduling or deletion may not be included in
384 the district work program unless the inclusion of such
385 rescheduling or deletion is specifically approved by the
386 secretary. The Florida Transportation Commission shall include
387 such objections in its evaluation of the tentative work program
388 only when the secretary has approved the rescheduling or
389 deletion.
390 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.-
391 (g)l. Any work program amendment which also requires the
392 transfer of fixed capital outlay appropriations between
393 categories within the department or the increase of an
394 appropriation category is subject to the approval of the
395 Legislative Budget Commission.
396 2. If a meeting of the Legislative Budget Commission
397 cannot be held within 30 days after the department submits an
398 amendment to the Legislative Budget Commission, the chair and
399 vice chair of the Legislative Budget Commission may authorize
400 such amendment to be approved pursuant to s. 216.177. ~

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401 subparagraph expires July 1 , 2021 .
402 Section 12 . Paragraph (b) of subsection (8) of section
403 339.175, Florida Statutes, is amended to read:
404 339.175 Metropolitan planning organization.-
405 (8) TRANSPORTATION IMPROVEMENT PROGRAM.-Each M.P.O. shall,
406 in cooperation with the state and affected public transportation
407 operators, develop a transportation improvement program for the
408 area within the jurisdiction of the M.P.O. In the development of
409 the transportation improvement program, each M.P.O. must provide
410 the public, affected public agencies, representatives of
411 transportation agency employees, freight shippers, providers of
412 freight transportation services, private providers of
413 transportation, representatives of users of public transit, and
414 other interested parties with a reasonable opportunity to
415 comment on the proposed transportation improvement program.
416 (b) Each M.P.O. annually shall prepare a list of project
417 priorities and shall submit the list to the appropriate district
418 of the department by August 1 October 1 of each year; however,
419 the department and a metropolitan planning organization may, in
420 writing, agree to vary this submittal date. Where more than one
421 M.P.O. exists in an urbanized area, the M.P.O. 's shall
422 coordinate in the development of regionally significant project
423 priorities. The list of project priorities must be formally
424 reviewed by the technical and citizens' advisory committees, and
425 approved by the M.P.O., before it is transmitted to the

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426 district. The approved list of project priorities must be used
427 by the district in developing the district work program and must
428 be used by the M.P.O. in developing its transportation
429 improvement program. The annual list of project priorities must
430 be based upon project selection criteria that, at a minimum,
431 consider the following:
432 1. The approved M.P.O. long-range transportation plan;
433 2. The Strategic Intermodal System Plan developed under s.
434 339.64.
435 3. The priorities developed pursuant to s. 339.2819(4).
436 4. The results of the transportation management systems;
437 and
438 5. The M.P.O. 's public-involvement procedures.
439 Section 13. This act shall take effect July 1, 2021.

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OJ
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 1463 Department of Economic Opportunity
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1948

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Willson M'v.f Keating

2) Government Operations Subcommittee

3) Infrastructure & Tourism Appropriations
Subcommittee

4) Commerce Committee

SUMMARY ANALYSIS

The Department of Economic Opportunity (DEO) is tasked with assisting the Governor in working with the
Legislature, state agencies, business leaders, and economic development professionals to formulate and
implement coherent and consistent policies and strategies designed to promote economic opportunities for all
Floridians. DEO must also ensure that the state's goals and policies relating to economic development,
workforce development, community planning and development, and affordable housing are fully integrated with
appropriate implementation strategies. Currently, the DEO agency head is referred to as the "Executive
Director."

The bill provides that the DEO agency head will be known as "Secretary" instead of "Executive Director" and
adds the Secretary to the Board of Directors for Enterprise Florida and CareerSource Florida, respectively.
Additionally, the bill establishes an Office of Economic Accountability and Transparency within DEO.

The bill provides flexibility to DEO relating to the administration of the federally funded Florida Small Cities
Community Development Block Grant Program and provides for expedited permitting for certain homeowners
affected by natural disasters.

The bill makes several changes relating to Florida's unemployment assistance program in order to modernize,
increase efficiency and effectiveness, and provide for additional accountability.

The bill is subject to appropriation for certain aspects of the reemployment assistance program. The bill does
not appear to impact state revenues, but may impact state expenditures to the extent that certain changes
relating to the reemployment assistance program are not able to be absorbed by existing resources.

The bill does not impact local government revenues or expenditures.

The bill takes effect on becoming law.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Florida's economic development system is multi-faceted and includes public agencies, non-profit
corporations, and private entities at the state, regional, and local level. The Legislature created some of
these organizations , while others are units of local government or privately formed associations or
alliances. Many of the organizations have similar missions (e.g. , encouraging economic development
and enhancing the state's business climate) and serve the same constituencies (e.g., in- and out-of-
state businesses and the state's economic and workforce development communities) . The most
prominent of these organizations are Enterprise Florida, Inc. and the Department of Economic
Opportunity. 1

Department of Economic Opportunity (DEO)

Current Situation

The Department of Economic Opportunity (DEO) is tasked with assisting the Governor in working with
the Legislature , state agencies , business leaders, and economic development professionals to
formulate and implement coherent and consistent policies and strategies designed to promote
economic opportunities for all Floridians.2 DEO must also ensure that the state's goals and policies
relating to economic development, workforce development, community planning and development, and
affordable housing are fully integrated with appropriate implementation strategies. 3

To achieve these goals, the Legislature established five divisions within DEO:
• Strategic Business Development
• Community Development
• Workforce Services
• Finance and Administration
• Division of Information Technology. 4

These divisions help fulfill DEO's statutorily mandated responsibilities, which include:
• Facilitate the direct involvement of the Governor and the Lieutenant Governor in economic
development and workforce development projects designed to create , expand, and retain
businesses in this state, to recruit business from around the world, and to facilitate other job-
creating efforts.
• Recruit new businesses to this state and promote the expansion of existing businesses by
expediting permitting and location decisions, worker placement and training , and incentive
awards.
• Promote viable, sustainable communities by providing technical assistance and guidance on
growth and development issues, grants, and other assistance to local communities.
• Ensure that the state's goals and policies relating to economic development, workforce
development, community plann ing and development, and affordable housing are fully integrated
with appropriate implementation strategies.
• Manage the activities of public-private partnerships and state agencies in order to avoid
duplication and promote coordinated and consistent implementation of programs in areas
including, but not limited to, tourism; international trade and investment; business recruitment,

1
OPPAGA, Report No. 16-09, Agency Review-Enterprise Florida, Inc., and Department of Economic Opportunity, at 6. (December 2016)
2
S. 20.60(4), F.S.
3
OPPAGA, Program Summary: Department of Economic Opportunity,
https://oppaga.tl.gov/ ProgramSummarv/ProgramDetail?program1 umbeF6 IO I (last visited Mar. 11, 2021 ).
~ . 20.60(3) F.S.
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creation , retention, and expansion; minority and small business development; rural community
development; and the development and promotion of professional and amateur sporting events.
• Coordinate with state agencies on the processing of state development approvals or permits to
minimize the duplication of information provided by the applicant and the time before approval
or disapproval. 5

Current law refers to the head of DEO as the "executive director." 6 However, Florida law generally
provides that the term "secretary" means "an individual who is appointed by the Governor to head a
department and who is not otherwise named in the State Constitution" whereas "executive director''
means the chief administrative employee or officer of a department headed by a board or by the
Governor and the Cabinet. 7

Currently, DEO does not have an office or program expressly dedicated to overseeing transparency
and accountability for the agency.

Effect of the Bill

The bill renames the DEO agency head as the "Secretary" from the "Executive Director," establishes
the Office of the Secretary, and allows for the appointment of deputy assistant secretaries. The bill also
amends cross references to reflect the change in title concerning the agency head of DEO.

The bill establishes the Office of Economic Accountability and Transparency within DEO, which must:
• Oversee critical objectives and ensure key objectives are clearly communicated to the public.
• Organize resources, expertise, data, and research to focus on and solve the complex economic
challenges facing the state.
• Provide leadership for priority issues that require integration of policy, managements, and
critical objectives from multiple programs and organizations internal and external to DEO.
• Promote and facilitate key initiatives to address priority economic issues and explore data and
identify opportunities for innovative approaches to address such economic issues.
• Promote strategic planning.

Community Development Block Grants

Current Situation

Florida Small Cities Community Development Block Grant Program

In 1981, Congress amended the Housing and Community Development Act of 1974 to give each
state the opportunity to administer Community Development Block Grant (CDBG) funds for non-
entitlement areas. Non-entitlement8 areas include local governments which do not receive CDBG
funds directly from the U.S. Department of Housing and Urban Development (HUD) as part of the
entitlement program (Entitlement Cities and Urban Counties). The purpose of the Act is to assist
local governments in carrying out effective community development and project planning/design
activities to reverse community decline. 9

5 S. 20.60(4), F.S.
6
S. 20.60(2), F.S.
7
S. 20.03, F.S.
8 Fw1ding for the Florida mall Cities CDBG Progrwn is competitive and there are no "targeted" areas. The HUD identifies communities as non-

entitlement local governments. Communities that do not have an open Commercial Revitalization, Neighborhood Re itali.zation or I ousing
Rehabilitation subgrant are ligible to apply for CDBG funding in one of those categories. For a list of ihe Florida communities that were eligible to
receive CDBG funding during the FFY 2019 funding cycle. see DEO, Small Cities Community Developme111 Block. Grant FFY 20/9 Eligible
Communities, https://floridajobs.org/docs/defa:ult-source/2015-communit -development/communitv-
revicalization/cdbe/applicants/ffy2019smallcitieselil?iblecommunities.pdf'? fvrsn= l la948b0 2 (last visited Mar. 11, 2021).
9
Supra.
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HUD distributes funds to each state through a statutory formula based on population, poverty,
incidence of overcrowded housing, and age of housing. Neither HUD nor states distribute funds
directly to citizens or private organizations. State governments, in turn, distribute the funds to local
governments. 10

DEO manages four CDBG Programs:
• Florida Small Cities Community Development Block Grant (CDBG) Program
• CDBG - Coronavirus Relief Funding (CDBG-CV)
• Office of Disaster Recovery
• Neighborhood Stabilization Program

The Community Development Block Grant (CDBG) Program is a federal program that provides funding
for housing and community development activities. The program consists of two components:
• Entitlement Program - funds are provided directly to urban communities, and
• State Program - funds are allocated to the states for distribution to eligible non-entitlement
communities

DEO administers the State Program in Florida through the Small Cities CDBG Program, which is a
competitive grant program that awards funds to units of local government in small urban and rural
areas. Florida receives between 18 and 26 million dollars annually from HUD to award subgrants to
eligible units of local government. The program provides an opportunity for communities to obtain funds
for projects that they cannot otherwise afford . CDBG funds can also provide administrative support for
local governments that may not have the staffing resources necessary to administer their projects.

Chapter 290, F.S., provides that the intent of the Florida Small Cities CDBG Program Act (Act) is to
provide the necessary means to develop, preserve, redevelop, and revitalize Florida communities
exhibiting signs of decline or distress by enabling local governments to undertake necessary
community development programs. Mirroring the federal law, the overall objective of the program is
to create viable communities by eliminating slum and blight, fortifying communities in urgent need,
providing adequate housing and suitable living environments, and expanding economic
opportunities, principally for persons of low or moderate income. 11

An eligible local government may apply up to three times in any one annual funding cycle for an
economic development grant, but may not receive more than one such grant per annual funding cycle.
Current law further specifies that a local government may have more than one open economic
development grant. 12

The following units of local government are eligible to apply for Small Cities CDBG funds:
• Cities with fewer than 50,000 residents that have not accepted special entitlement status
and have not opted to join an entitlement program.
• Counties with fewer than 200,000 residents.
• Cities with more than 50,000 residents that have opted out of the urban entitlement
program.

The program focuses on the following four funding categories :
• Commercial Revitalization
• Economic Development

10
Supra.
11
S. 290.0411, F.S . See 42 U.S.C.§ 5302(a)(20). "Persons oflow or moderate income" means any person who meets the definition established by the
federal Department of Housing and Urban Development. HUD defines "persons oflow income" as families and individuals whose incomes do not
exceed 50 percent of the median income ofa service area, as determined by HUD. "Persons of moderate income" are defined as families and
individuals whose incomes exceed 50 percent, but do not exceed 80 percent of the median income of a service area, as determined by HUD.
12
• 290.046(2), F.S.
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• Housing Rehabilitation
• Neighborhood Revitalization

To be eligible for funding, an activity must meet at least one of the following objectives:
• Benefit to Low-and Moderate-Income Persons - At least 51 percent of the beneficiaries must
be low- and moderate-income persons (total household income is at or below 80 percent of
the area's median income).
• Elimination of Slum and Blight - Eliminate conditions of slum or blight as defined by state
law and identified by the unit of local government on a spot or area basis.
• Address an Urgent Need - The activity must alleviate a condition that poses a serious and
immediate threat to those living in the area. The condition must have occurred within 18
months of application. The unit of local government must demonstrate that it is unable to
finance the activity on its own and that other funding is not available.

Examples of CDBG-funded projects include:
• Water and sewer improvements
• Rehabilitation of substandard housing
• Street and sidewalk improvements
• Economic development activities that create jobs for low-and moderate-income people,
• Downtown revitalization, including facade improvements, streetscaping, and underground
utilities
• Park facilities and community centers
• Drainage & stormwater improvements.

Community Development Block Grant-Disaster Recovery

The Community Development Block Grant-Disaster Recovery Program (CDBG-DR) is a federally
funded program administered by HUD. CDBG-DR programs are long-term recovery programs that work
to provide safe, sanitary, and decent homes for Florida citizens recovering from the devastating
impacts of hurricanes and other natural disasters. The CDBG-DR program repairs or replaces the
residential housing of low- and moderate-income individuals and most vulnerable citizens who have
been unable to recover from a disaster after exhaustion of all other forms of assistance.

The Office of Long-Term Resiliency within DEO conducts single-family residential housing repair and
replacement for Florida residents whose homes still have unrepaired damage from Hurricanes
Hermine, Matthew, Irma, and Michael. These projects must comply with the Florida Building Code by
applying for and receiving Florida building permits from the applicable local building code enforcement
jurisdictions. Applications for and issuance of permitting for these projects is currently given the same
priority as any other residential permit application.

Effect of the Bill

Relating to the Florida Small Cities CDBG Program, the bill:
• Amends definitions to align with applicable federal law.
• Removes the requirement that applicants may only participate in one program category.
• Changes the percentage of funds that can be set aside for an emergency or natural disaster
that has been declared by an executive order, from 5% to 15%.
• Allows funds set aside for an emergency or natural disaster to be used for unfunded
applications for any funding cycle and not just the most recent funding cycle.
• Removes provisions which limit the number of grant applications a local government may
submit during each grant cycle.
• Removes the requirement that unused economic development grant funds be awarded on a first
come, first serve basis, and
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• Specifies that DEO may prohibit an applicant from receiving a grant or may penalize an
applicant in the rating of a current application if the DEO determines that any applicant has
failed to substantially accomplish the results it proposed in previously funded applications.

The bill requires that a building permit for a single-family residential dwelling applied for by a contractor
on behalf of a homeowner who participates in a CDBG-DR program must be issued within 15 days,
unless the application fails to satisfy the Florida Building Code or local government ordinance.

Reemployment Assistance

Current Situation

The federal Unemployment Insurance Program provides unemployment benefits to qualified workers
who are unemployed through no fault of their own and who meet the requirements of state law. The
program is administered as a partnership of the federal government and the states. The individual
states collect unemployment compensation payroll taxes on a quarterly basis, which are used to pay
benefits. Subject to the approval of the United States Department of Labor (USDOL), each state also
sets tax rates, benefit levels, and trust fund balances based on the state's needs. 13

Florida's unemployment insurance program was created by the Legislature in 1937 14 and was
rebranded as the "Reemployment Assistance Program" in 2012. 15 DEO is responsible for administering
the program and determining the calculation and payment of reemployment assistance (RA) benefits to
eligible claimants. The Reemployment Assistance Program supports reemployment services through
local One-Stop Career Centers located throughout the state.

A qualified worker is one who is able, available, and actively searching for work, who lost their job
through no fault of their own, or who had good cause to leave, and who earned at least $3,400 during
their base period. 16 The base period is the 12 month period which covers the first four of the last five
quarters prior to the date of the claim. 17 Employees who quit their jobs voluntarily may still be eligible for
reemployment assistance if they were required to work in an unsafe or hostile environment. 18 Military
spouses who voluntarily leave work to relocate as a result of their spouse's military-connected change
of station orders, activation orders, or unit deployment orders are also considered to have good cause
and are eligible for reemployment assistance.19 In order to remain eligible for benefits, claimants must
actively seek employment by making at least five verifiable job contacts or activities each week. 20
Claimants will lose their eligibility if DEO finds that they have failed to accept suitable work.21

Reemployment assistance is funded entirely by employers. 22 Private employers are known as
contributory employers and fund the program through a tax on their businesses. 23 Public employers are
considered reimbursable employers, meaning they pay the exact amount of benefits received by

13 USDOL, Employment and Training Administration, State Unemployment Insurance Benefits,
http://workfo rcesecurit .doleta.gov/unemploy/uifactsheet.asp (last visited Jan. 28, 2020).
14
Ch. I 8402, Laws of Fla.
15
Ch. 2012-30, Laws of Fla.
16 Id.
17
S. 443.036(7), F.S.
18
Spangler v. Unemployment Appeals Com 'n, 632 So. 2d 98, (Fla. 5th DCA I 994 ). (holding that quitting because employer failed to remedy an
unsanitary workplace is good cause); Rivera v. Florida Unemployment Appeals Com 'n, 99 So. 3d 505, (Fla. 3d DCA 201 I). (holding that quitting
because of sexual harassment by a co-worker is good cause); Grossman v. Jewish Community Center a/Greater Fort Lauderdale Inc., 704 So. 2d
714, (Fla. 4 th DCA 1998). (holding that quitting becaus of verbal abuse by one' s employer is good cause).
19
S.44-3. 101 ( I)(a) 1. F . .
20
S. 443.091(l)(d), F.S.
21
S. 443 .101(2), F.S.
22
DEO, Claimant FAQs, http://www.floridajobs.org/Reemployment- ssistance- er ice-Center/reemployment-assistance/claimants/claimant-fags
(last visited Jan. 22, 2019).
23
DEO, Employer Reemployment Assistance FAQ, http ://www.floridajobs.org/frequently-asked-questions-directory/faqs (last visited Jan. 22, 2019).
STORAGE NAME: h1463.TIE.D0CX PAGE: 6
DATE: 3/30/2021
claimants. 24 A public employer may elect to become a contributory employer.25 Non-profits are
contributory employers by default, but may elect to become reimbursable employers. 26 Employers must
submit quarterly tax and wage reports regardless of employment activity or whether any taxes are
due. 27 Employers are taxed on the first $7,000 that they pay to each employee.28

Domestic Violence Victims

Current law provides that an individual may not be disqualified from receiving reemployment assistance
if he or she voluntarily leaves work and is able to prove that the discontinuation of employment is a
direct result of circumstances related to domestic violence .29 An individual who leaves work as a result
of domestic violence must make reasonable efforts to preserve employment unless the individual
establishes that such remedies are likely to be futile or increase risk of future incidents of domestic
violence . The employee must have a reasonable belief that he or she is likely to be the victim of a
future act of domestic violence at, in transit to , or departing from his or her place of employment. An
individual who is otherwise eligible for reemployment assistance is ineligible for each week that he or
she no longer meets such criteria or refuses a reasonable accommodation offered in good faith by his
or her employing unit.

Employer Response to Claims

As part of the RA eligibility review process, employers are sent a notice of claim which is used , in part,
to obtain information on the employment separation for the person requesting RA benefits. Employers
have 20 days to respond to the notice of claim .30

Appeals Referees

Current law requires that a practicing RA appeals referee be admitted to the Florida Bar within eight
months after they begin employment with DE0. 31 This requirement does not apply to appeals referees
who were appointed before January 1, 2014.

Monetary Reconsideration

As part of the eligibility review process, DEO must determine if the individual filing for RA benefits is
monetarily eligible. To be monetarily eligible, the individual must: (1) have at least $3,400 in total wages
in the base period; (2) have been paid wages in two or more calendar quarters in the base period; and
(3) have total base period wages of at least 1 ~ times the wages in the quarter having the highest
earnings. The individual will receive a monetary determination, which will inform them if they are
monetarily eligible, and, if they are, it will provide information on their weekly benefit amount. If the
individual is monetarily ineligible, the determination will provide the reason why they are ineligible. If the
individual disagrees with the determination, they have the right to dispute it.

Current law provides that an individual has 20 days to file an appeal or a written request for
reconsideration if they disagree with the monetary determination. Currently, an individual can file both a
reconsideration request and an appeal at the same time.32

24 Id.
25
S. 443.1313, F.S.
26
S. 443.1312, F.S.
27
Florida Department of Revenue, Employer's Quarterly Reporr, http://floridarevenue.com/Forms_ library/current/rt6.pdf(last visited Jan. 25 , 2019).
28
Florida Department of Revenue, Reemploy ment Tax Rate Information, http://floridarevenue.com/taxcs/taxesfees/Pagcs/rt rate.aspx (last visited
Jan. 22, 2019).
29
S. 443.01 , F.S .
30
S. 443 .151(3)(a), F.S.
31
S. 443.151, F.S. ,
32
S. 443.151(3)(b), F.S.
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DATE: 3/30/2021
Disqualification for Fraud

Individuals who make false or fraudulent representations to obtain RA benefits are disqualified from
receiving benefits. The disqualification begins with the week in which the false or fraudulent
representation is made and continues for a period not to exceed one year after the date DEO discovers
the false or fraudulent representation and until any overpayment of benefits resulting from the
representation has been repaid in full. 33

Work Search Requirement

Current law provides that for each week of unemployment claimed, the individual must report the name,
address, and telephone number of each prospective employer contacted or the date the individual
reported to a one-stop career center.34

Statute of Limitations for Appeals

A claimant or adverse party may file an appeal to an adverse determination within 20 days after the
date a notice is mailed to her or his last known address or, if the notice is not mailed, within 20 days
after the date the notice is delivered. An appeal may be filed after the 20-day time limit if the individual
can show good cause as to why they failed to appeal the determination timely. 35

COV/0-19 Pandemic and the CONNECT System36

Florida's unemployment system is administered by DEO using the CONNECT system, which was
deployed in 2013 to provide a modernized , web-based system and to replace a mainframe system. 37
According to ISF, an information technology and strategy firm who completed an assessment of the
CONNECT system between November 2020 and February 2021 , the CONNECT system was not
designed to process the volume of claims received during the COVID-19 pandemic.38 ISF analyzed
ways to improve the delivery of RA benefits, including a phased approach to ensure the DEO can meet
current and future demands. 39 ISF's assessment provides an overview of the current state of the
CONNECT system, and recommends the modernization of the RA system, which includes cloud
migration.40

On May 4, 2020, at the request of Governor Desantis, the Office of the Chief Inspector General (CIG)
initiated a review of the CONNECT system .41 The scope of the CIG's review considered available
documentation and testimony about the CONNECT system from the period of 2007 to 2020.42 The
CIG's recommendations in the draft report included the following:
• Document future Information Technology (IT) system capacity requirements and expected
utilization in system testing plans and test results;
• Assess the proposed level of maturity of any state transfer or commercial off-the-shelf system
relied upon for risk and properly document the risk;

33
S. 443.101(6), F.S.
34
S. 443.091 , F.S.
35 S. 443.151(4)(b)3., F.S.
36
See Executive Office of the Governor, Office Of The Chief Inspector General, Review Of The Department Of Economic Opportunity Florida
Connect System (Mar. 4, 2021) https://wv"' . fleov .com/wp-contenVuploads/2021 /03/2020050400 l 5-Draft-Report-3.4.21 2.05pm.pdf (last visited
Mar. 11,2021).
37
DEO, Improved Delivery ofReemployment Assistance Benefits - Final Report at I (Feb. 26, 2021) http://floridajobs.org/docs/default-
source/commun icalionsfi les/2021-i mprovcd-deliverv-of-reempl oyment-assistance-benefits-fi nal-rcport-and-cost-benefi t-analysis. pd f (last visited
March 16, 2021).
38
Id. at 2.
39 Id.
40 Id.
41
Office of the Chief Inspector General, Review of the Department of Economic Opportunity Florida CONNECT System at iii (March 4, 2021 ),
available at https://ww\ .flgov.com/wp-content/uploads/202 1/03/202005040015-Draft-Report-3.4.21 2.05pm.pdf(last visited March 16, 2021).
42 fd.
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DATE: 3/30/2021
• Monitor what is being provided by the vendor and build in an escape plan and financial
penalties for noncompliance;
• Require project management to be flat and agile, which may include considering more modular
IT projects to accommodate future and rapid technological changes; and
• Strengthen administrative and physical infrastructure needs, which may include moving the
future CONNECT system to the cloud to allow for greater scalability. 43

Effect of the Bill

Relating to reemployment assistance, the bill:
• Removes the requirement that RA claimants include a prospective employer's telephone
number in their weekly work search report.
• Allows the address of a prospective employer to be provided as a website address, physical
address, or email address in their weekly work search report.
• Allows claimants who are, at the time, victims of domestic violence to certify bi-weekly instead
of weekly.
• Allows DEO to hold a claimant ineligible from the date in which a fraud occurred, instead of
when the claimant advises DEO that the fraud was committed.
• Decreases the amount of time employers may respond to a notice of claim filed, from 20 days to
14 days.
• Requires that a monetary reconsideration be requested, completed, and ruled on prior to an
appeal being filed on the monetary determination.
• Removes the requirement that appeals hearing officers must be Florida Bar licensed attorneys.
• Prohibits an appeal from being filed 5 years or more after the determination was delivered.

The bill requires DEO, subject to legislative appropriation, to implement a modular cloud-based system
for the efficient and effective operation and management of the RA program. The system must: 44
• Be accessible through the Internet, including mobile devices and personal computers.
• Process reemployment assistance claims and benefit payments.
• Process and manage overpayments.
• Perform adjudication functions.
• Process appeals and manage hearings.
• Manage and process the charging of employers.
• Eliminate or automate existing paper processes and enhance any existing automated workflows
in order to expedite customer transactions and eliminate redundancy.
• Enable and enhance online, self-service capabilities to claimant and employer information and
federal and state reporting .

The bill also creates the Reemployment Assistance Modernization Strategic Planning Office within
DEO to oversee the system as well as implement continuous modernization efforts of the state
Reemployment Assistance program . The office will be required to provide regular updates to the
Secretary, and develop and maintain an enterprise disaster preparedness plan. Additionally, the
modernization initiatives must include improvements to:
• Infrastructure.
• Software.
• Data and analytics.
• Security.

43 Id.
44
These changes are based on the recommendations found in the Chieflnspector General's Review of the Department Of Economic Opportunity
Florida Connect System, supra.
STORAGE NAME: h1463.TIE.DOCX PAGE: 9
DATE: 3/30/2021
The bill requires DEO to provide an annual RA report to the Governor, the President of the Senate, and
the Speaker of the House of Representatives, by October 1, 2023, and every year thereafter, which at
a minimum, must include:
• A summary of continuous modernization efforts over the last fiscal year.
• A 3-year outlook of recommended modernization projects that include projected costs and
timeframes for completion.

The bill also provides that, in the event of a disaster or an emergency as declared by the President of
the United States or the Governor of this state, DEO may implement an emergency RA system.

Enterprise Florida, Inc. (EFI)

Current Situation

EFI is a nonprofit corporation established by the Legislature to serve as the state's main economic
development organization. 45 EFI is required to enter into a performance-based contract with DEO,
which includes annual measurements of the performance of EFl. 46 EFI is governed by a board of
directors chaired by the Governor.

The board consists of the Governor or his or her designee, as well as the following appointed members
(or their designee):
• The Commissioner of Education.
• The Chief Financial Officer.
• The Attorney General.
• The Commissioner of Agriculture .
• The chairperson of CareerSource Florida.
• The Secretary of State.
• Twelve members from the private sector (6 of whom are appointed by the Governor, 3 by the
President of the Senate, and 3 by the Speaker of the House of Representatives.) 47

As a public-private partnership, EFI is expected to obtain private sector support to help pay for its
operational costs. According to state law, EFl 's legislative appropriations must be matched with private
sector support equal to at least 100% of state operational funding. 48 Under state law, private sector
support includes:
• Cash given directly to EFI for its operations, including contributions from at-large members of
the board of directors
• Cash donations from organizations assisted by EFl 's divisions;
• Cash jointly raised by EFI, private local economic development organizations, a group of such
organizations, or a statewide private business organization that supports collaborative projects;
• Cash generated by fees charged for products or services of EFI and its divisions by sponsorship
of events, missions, programs, and publications
• Copayments, stock, warrants, royalties, or other private resources dedicated to EFI.

The Legislature provides an annual appropriation to EFI for its operations. EFI is required to have
divisions related to:
• International Trade and Business Development,
• Business Retention and Recruitment
• Tourism Marketing
• Minority Business Development

45
S. 288.901, F.S. Chapter 92-277, Laws of Fla., created EFI, while ch. 96-320, Laws of Fla, established EFI as a public-private partnership.
46
Section 20.60(1), F.S., requires DEO to "establish annual performance standards for Enterprise Florida, Inc., CareerSource Florida, Inc., the
Florida Tourism Industry Marketing Corporation, and Space Florida and report annually on how these performance measures are being met."
47
S 288.901(5), F.S.
48
S. 288.904(2)(a), F.S.
STORAGE NAME: h1463.TIE.DOCX PAGE: 10
DATE: 3/30/2021
• Sports Industry Development.

Florida law directs EFl's board of directors to "integrate its efforts in business recruitment and
expansion, job creation , marketing the state for tourism and sports, and promoting economic
opportunities for minority-owned businesses and promoting economic opportunities for rural and
distressed urban communities with those of the department, to create an aggressive, agile, and
collaborative effort to reinvigorate the state's economy."49

Effect of the Bill

The bill adds the Secretary of DEO to the Board of Directors of EFI.

CareerSource Florida, Inc.

Current Situation

DEO serves as Florida's lead workforce agency.50 DEO is responsible for the fiscal and administrative
affairs of the workforce development system.51 DEO receives and distributes federal funds for
employment-related programs to local workforce development boards. 52 Additionally, under the
direction of CareerSource, DEO must annually meet with each local workforce development board to
review the board's performance and to certify that the board is in compliance with applicable state and
federal law. 53

CareerSource Florida, Inc., a not-for-profit corporation, serves as Florida's state-level workforce
development board. 54 CareerSource is responsible for the development of a 4-year plan that is
consistent with federal requirements 55 and collaborates with DEO, the local workforce development
boards, and one-stop service providers to ensure workforce services are consistent with state and local
plans. 56 CareerSource also provides state-level policy direction, planning, and performance evaluation
of the delivery of workforce services.57 Florida law requires CareerSource to operate pursuant to an
agreement with DEO and at the direction of its state board in consultation with DEO.

Regional Workforce Boards

Twenty-four local workforce development boards deliver Florida's workforce development services
through over 100 one-stop service providers. 58 The one-stop service providers give Floridians access
to available workforce services, including job placement, career counseling, and skills training. 59
Collectively, the local workforce development boards operate under a charter approved by
CareerSource.60 Each local workforce development board formulates a local budget and oversees the
one-stop delivery system within its local area. 61

DEO and the regional workforce boards entered into agreements in July 2020, which required, among
other things, that the regional workforce boards complete background screenings on certain

49
S. 288.9015(1), F.S.
50
Primarily through the Division of Workforce Services. Sees. 20.60, F.S.
51
S. 445.009(3)(c), F.S.
52
Sees. 445 .003, F.S.
53
Sees. 445.007(3), F.S.
54
S. 445.004(5)(a), F.S. Prior to 2014, CareerSource was known as Workforce Florida, Inc.
55
S. 445 .003(2), F.S.
56
Sees . 445 .004, F.S.
51 Id.
58
DEO, CareerSource Florida Network Directory, http://lcd.floridajobs.org/ (last visited Mar. 11, 2021).
59
Sees . 445.009, F.S.
60
Sees . 445.004, F.S.
61
S. 445 .007(12), F.S.
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DATE: 3/30/2021
employees. However, the regional workforce boards do not have statutory authority to require such
screenings. 62

Background Screening

An employer63 may not hire, select, or otherwise allow an employee to have contact with a vulnerable
person 64 that would place the employee in a role that requires a background screening until the
screening process is completed and demonstrates the absence of any grounds for the denial or
termination of employment. 65 If the screening process shows any grounds for the denial or termination
of employment, the employer may not hire, select, or otherwise allow the employee to have contact
with any vulnerable person that would place the employee in a role that requires background screening
unless the employee is granted an exemption for disqualification by the agency66 as provided under
s. 435.07, F.S.67

Sections 435.03 and 435.04, F.S., outline the screening requirements. There are two levels of
background screening.
• Level 1 screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a
check of the Dru Sjodin National Sex Offender Public Website, 68 and may include criminal
records checks through local law enforcement agencies. 69
• Level 2 screening includes, but, is not limited to, fingerprinting for statewide criminal history
records checks through the FDLE and national criminal history checks through the Federal
Bureau of Investigation (FBI), and may include local criminal records checks through local law
enforcement agencies.70

Effect of the Bill

The bill adds the Secretary of DEO to the Board of Directors of CareerSource Florida.

The bill changes the definition of "specified agency" to include regional workforce boards providing
services defined ins. 445.002(3), F.S., which will allow regional workforce development boards to
conduct level 2 background screenings.

8. SECTION DIRECTORY:
Section 1 Amends s. 20.60, F.S.; relating to DEO.

Section 2 Amends s. 288.901, F.S.; revising the membership of the board of directors of Enterprise
Florida, Inc.

62
DEO, Agreement Between [Lwdb] and The Florida Department Of Economic Opportunity, https://floridajobs.org/docs/default-source/lwdb-
resources/dco-lwdb-grantee-subgrantee-agrecmenUgrantee-sub-grantee-agreement--final-draft-(003).pdf'?sfvrsn=227647bO 2 (last visited Mar. 11,
2021).
63
Section 435 .02(3 ), F.S., defines "employer" as any person or entity required by law to conduct screening of employees pursuant to ch. 435, F.S.
64
Section 415 .102(28), F.S., defines "vulnerable adult" as a person 18 years of age or older whose ability to perform the normal activities of daily
living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental
disability or dysfunction, or brain damage, or the infirmities of aging.
6s S. 435.06(2)(a), F.S.
66
Section 435.02(1), F.S., defines "agency" as any state, county, or municipal agency that grants licenses or registration permitting the operation of
an employer, or is itself an employer, or that otherwise facilitates the screening of employees pursuant to ch.435, F.S. Ifthere is no state agency or
the municipal or county agency chooses not to conduct employment screening, "agency" means the Department of Children and Families.
67 S. 435.06(2)(a), F.S.
68
The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tribal sex offender
registries in one national search site, https://www.nsopw.gov/ (last visited March 16, 2021 ).
69
S. 435.03(1), F.S.
70
S. 435.04(l)(a), F.S.
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Section 3 Amends s. 290.042, F.S.; revising the definition of the term "administrative costs" relating
to the Florida Small Cities Community Development Block Grant Program Act.

Section 4 Amends s. 290.044, F.S.; revising the application process and funding for the Florida
Small Cities Community Development Block Grant Program Fund.

Section 5 Amends s. 290.046, F.S.; revising the application process and funding for development
grants awarded by DEO to local governments.

Section 6 Amends s. 331.3081, F.S.; conforming a cross-reference.

Section 7 Amends s. 435.02, F.S.; revising the definition of the term "specified agency" to include
certain regional workforce boards for the purposes of labor laws.

Section 8 Amends s. 443.091, F.S.; revising the reporting requirements for reemployment
assistance benefit eligibility; defining the term "address"

Section 9 Amends s. 443.101 , F.S.; deleting a provision providing that individuals who voluntarily
leave work as a direct result of circumstances relating to domestic violence are ineligible
for benefits under certain circumstances.

Section 10 Amends s. 443.1113, F.S.; relating to the Reemployment Assistance Claims and Benefits
Information System.

Section 11 Amends s. 443.151, F.S.; relating to claims procedures.

Section 12 Amends s. 445.004, F.S.; relating to CareerSource Florida, Inc.

Section 13 Amends s. 553.79, F.S.; requiring specified building permit applications applied for by
licensed contractors for property owners under certain programs administered by DEO to
be issued within a reduced timeframe

Sections 14-52 Amends ss. 14.20195, 16.615, 20.04, 213.053, 220.194, 288.005, 288.061, 288.0656,
288.106, 288.1089, 288.1251, 288.8014, 288.955, 288.9604, 288.987, 290.0065, 311.09,
311 .105, 334.065, 373.4149, 380.045, 403.0752, 420.0005, 420.0006, 420.101, 420.503,
420.504, 420.506, 420.507, 420.511, 420.602, 420.609, 420.622, 427.012, 443.1116,
446.53, 450.261, 624.5105, and 1004.015, F.S.; conforming provisions to changes made
by the act.

Section 53 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

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DATE: 3/30/2021
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Many of the changes in the bill should allow DEO to administer the RA program more efficiently and
effectively, which should have a positive fiscal impact on individuals who seek reemployment
assistance.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h1463.TIE.D0CX PAGE: 14
DATE: 3/30/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 1463 2021

1 A bill to be entitled
2 An act relating to the Department of Economic
3 Opportunity; amending s. 20.60, F.S.; renaming the
4 executive director of the Department of Economic
5 Opportunity as the Secretary of Economic Opportunity;
6 authorizing the secretary to appoint deputy and
7 assistant secretaries for a specified purpose;
8 establishing the Office of the Secretary and the
9 Office of Economic Accountability and Transparency;
10 providing duties for the Office of Economic
11 Accountability and Transparency; authorizing the
12 secretary to create offices within the Office of the
13 Secretary and within the divisions; requiring the
14 secretary to appoint division directors; providing
15 duties for the division directors; conforming
16 provisions to changes made by the act; amending s.
17 288.901, F.S.; revising the membership of the board of
18 directors of Enterprise Florida, Inc.; amending s.
19 290.042, F.S.; revising the definition of the term
20 "administrative costs" relating to the Florida Small
21 Cities Community Development Block Grant Program Act;
22 amending s. 290.044, F.S.; revising the application
23 process and funding for the Florida Small Cities
24 Community Development Block Grant Program Fund;
25 amending s. 290.046, F.S.; revising the application

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26 process and funding for development grants awarded by
27 the department to local governments; amending s.
28 331.3081, F.S.; conforming a cross-reference; amending
29 s. 435.02, F.S.; revising the definition of the term
30 "specified agency" to include certain regional
31 workforce boards for the purposes of labor laws;
32 amending s. 443.091, F.S.; revising the reporting
33 requirements for reemployment assistance benefit
34 eligibility; defining the term "address"; amending s.
35 443.101, F.S.; deleting a provision providing that
36 individuals who voluntarily leave work as a direct
37 result of circumstances relating to domestic violence
38 are ineligible for benefits under certain
39 circumstances; amending s. 443.1113, F.S.; requiring
40 the department to implement an integrated modular
41 cloud-based system, rather than an integrated
42 Internet-based system, for the reemployment assistance
43 program; revising the functions and objectives of the
44 Reemployment Assistance Claims and Benefits
45 Information System; deleting obsolete language;
46 requiring the department to maintain a sustainable
47 culture of continuous modernization and to maintain a
48 specified reemployment assistance governance
49 structure; requiring the system to be governed by the
50 Reemployment Assistance Modernization Strategic

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51 Planning Office; providing duties of the office;
52 providing reporting requirements; authorizing the
53 department to implement an emergency reemployment
54 assistance system under certain circumstances;
55 providing applicability; deleting provisions relating
56 to duties of the governance structure of the system
57 project; amending s. 443.151, F.S.; revising the
58 timeline for employers' responses to notices of
59 benefits claims sent by the department; authorizing
60 claimants to request the department to reconsider a
61 monetary determination; providing requirements for
62 such request; providing that monetary determinations
63 and redeterminations are final after a specified
64 period of time; providing exceptions; deleting a
65 requirement that appeals referees be attorneys in good
66 standing with The Florida Bar or be admitted to The
67 Florida Bar within 8 months after the date of
68 employment; prohibiting appeals from being filed after
69 a specified time; amending s. 445.004, F.S.; revising
70 the membership of the state board, which directs
71 CareerSource Florida, Inc.; amending s. 553.79, F.S.;
72 requiring specified building permit applications
73 applied for by licensed contractors for property
74 owners under certain programs administered by the
75 department to be issued within a reduced timeframe;

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76 amending ss. 14.20195, 16.615, 20.04, 213.053,
77 220.194, 288.005, 288.061, 288.0656, 288.106,
78 288.1089, 288.1251, 288.8014, 288.955, 288.9604,
79 288.987, 290.0065, 311.09, 311.105, 334.065, 373.4149,
80 380. 045, 403. 0752, 420. 0005, 420. 0006, 420 .101,
81 420.503, 420.504, 420.506, 420.507, 420.511, 420.602,
82 420.609, 420.622, 427.012, 443.1116, 446.53, 450.261,
83 624.5105, and 1004.015, F.S.; conforming provisions to
84 changes made by the act; providing an effective date.
85
86 Be It Enacted by the Legislature of the State of Florida :
87
88 Section 1. Subsections (2) and (3), paragraph (a} of
89 subsection (5), paragraph (b) of subsection (6), and subsection
90 (9) of section 20.60, Florida Statutes, are amended, and
91 subsection (1) of that section is republished, to read:
92 20.60 Department of Economic Opportunity; creation; powers
93 and duties.-
94 (1) There is created the Department of Economic
95 Opportunity.
96 (2) The head of the department is the Secretary of
97 Economic Opportunity executive director, who shall be appointed
98 by the Governor, subject to confirmation by the Senate. The
99 secre t a r y executive director shall serve at the pleasure of and
100 report to the Governor. The secretary may appoint deputy and

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101 assistant secretaries as necessary to aid the secretary in
102 fulfilling his or her statutory obligations.
103 (3)J____§J_ The following divisions and offices of the
104 Department of Economic Opportunity are established:
105 1.-ta+- The Division of Strategic Business Development.
106 ~-fb+ The Division of Community Development.
107 3.-f-e+ The Division of Workforce Services.
108 i...:_+i+ The Division of Finance and Administration.
109 2-:_+e+ The Division of Information Technology.
110 6. The Office of the Secretary.
111 7. The Office of Economic Accountability and Transparency,
112 which shall:
113 a. Oversee the department's critical objectives as
114 determined by the secretary and make sure that the department's
115 key objectives are clearly corrununicated to the public .
116 b. Organize department resources, expertise, data, and
117 research to focus on and solve the complex economic challenges
118 facing the state.
119 c. Provide leadership for the department's priority issues
120 that require integration of policy, management, and critical
121 objectives from multiple programs and organizations internal and
122 external to the department; and organize and manage external
123 corrununication on such priority issues.
124 d. Promote and facilitate key department initiatives to
125 address priority economic issues and explore data and identify

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126 opportunities for innovative approaches to address such economic
127 issues.
128 e. Promote strategic planning for the department .
129 (b) The secretary :
130 1. May create offices within the Office of the Secretary
131 and within the divisions established in paragraph (a) to promote
132 efficient and effective operation of the department.
133 2. Shall appoint a director for each division, who shall
134 directly administer his or her division and be responsible to
135 the secretary.
136 (5) The divisions within the department have specific
137 responsibilities to achieve the duties, responsibilities, and
138 goals of the department. Specifically:
139 (a) The Division of Strategic Business Development shall:
140 1. Analyze and evaluate business prospects identified by
141 the Governor, the secretary executive director of the
142 department, and Enterprise Florida, Inc.
143 2. Administer certain tax refund, tax credit, and grant
144 programs created in law. Notwithstanding any other provision of
145 law, the department may expend interest earned from the
146 investment of program funds deposited in the Grants and
147 Donations Trust Fund to contract for the administration of those
148 programs, or portions of the programs, assigned to the
149 department by law, by the appropriations process, or by the
150 Governor. Such expenditures shall be subject to review under

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151 chapter 216.
152 3. Develop measurement protocols for the state incentive
153 programs and for the contracted entities which will be used to
154 determine their performance and competitive value to the state.
155 Performance measures, benchmarks, and sanctions must be
156 developed in consultation with the legislative appropriations
157 committees and the appropriate substantive committees, and are
158 subject to the review and approval process provided ins.
159 216.177. The approved performance measures, standards, and
160 sanctions shall be included and made a part of the strategic
161 plan for contracts entered into for delivery of programs
162 authorized by this section.
163 4. Develop a 5-year statewide strategic plan. The
164 strategic plan must include, but need not be limited to:
165 a. Strategies for the promotion of business formation,
166 expansion, recruitment, and retention through aggressive
167 marketing, international development, and export assistance,
168 which lead to more and better jobs and higher wages for all
169 geographic regions, disadvantaged communities, and populations
170 of the state, including rural areas, minority businesses, and
171 urban core areas.
172 b. The development of realistic policies and programs to
173 further the economic diversity of the state, its regions, and
174 their associated industrial clusters.
175 c. Specific provisions for the stimulation of economic

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176 development and job creation in rural areas and midsize cities
177 and counties of the state, including strategies for rural
178 marketing and the development of infrastructure in rural areas.
179 d. Provisions for the promotion of the successful long-
180 term economic development of the state with increased emphasis
181 in market research and information.
182 e. Plans for the generation of foreign investment in the
183 state which create jobs paying above-average wages and which
184 result in reverse investment in the state, including programs
185 that establish viable overseas markets, assist in meeting the
186 financing requirements of export-ready firms, broaden
187 opportunities for international joint venture relationships, use
188 the resources of academic and other institutions, coordinate
189 trade assistance and facilitation services, and facilitate
190 availability of and access to education and training programs
191 that assure requisite skills and competencies necessary to
192 compete successfully in the global marketplace.
193 f. The identification of business sectors that are of
194 current or future importance to the state's economy and to the
195 state's global business image, and development of specific
196 strategies to promote the development of such sectors.
197 g. Strategies for talent development necessary in the
198 state to encourage economic development growth, taking into
199 account factors such as the state's talent supply chain,
200 education and training opportunities, and available workforce.

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201 5. Update the strategic plan every 5 years.
202 6. Involve Enterprise Florida, Inc.; CareerSource Florida,
203 Inc.; local governments; the general public; local and regional
204 economic development organizations; other local, state, and
205 federal economic, international, and workforce development
206 entities; the business community; and educational institutions
207 to assist with the strategic plan.
208 ( 6)

209 (b) The Department of Economic Opportunity shall serve as
210 the designated agency for purposes of each federal workforce
211 development grant assigned to it for administration. The
212 department shall carry out the duties assigned to it by the
213 Governor, under the terms and conditions of each grant. The
214 department shall have the level of authority and autonomy
215 necessary to be the designated recipient of each federal grant
216 assigned to it and shall disburse such grants pursuant to the
217 plans and policies of the state board as defined ins. 445.002.
218 The secre t ary eJ{ecutive director may, upon delegation from the
219 Governor and pursuant to agreement with the state board, sign
220 contracts, grants, and other instruments as necessary to execute
221 functions assigned to the department. Notwithstanding other
222 provisions of law, the department shall administer other
223 programs funded by federal or state appropriations, as
224 determined by the Legislature in the General Appropriations Act
225 or other law.

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226 ( 9) The secretary executive director shall:
227 (a) Manage all activities and responsibilities of the
228 department.
229 (b) Serve as the manager for the state with respect to
230 contracts with Enterprise Florida, Inc., and all applicable
231 direct-support organizations. To accomplish the provisions of
232 this section and applicable provisions of chapter 288, and
233 notwithstanding the provisions of part I of chapter 287, the
234 secretary director shall enter into specific contracts with
235 Enterprise Florida, Inc., and other appropriate direct-support
236 organizations. Such contracts may be for multiyear terms and
237 must include specific performance measures for each year. For
238 purposes of this section, the Florida Tourism Industry Marketing
239 Corporation and the Institute for Commercialization of Florida
240 Technology are not appropriate direct-support organizations.
241 (c) Serve as a member of the board of directors of the
242 Florida Development Finance Corporation. The secretary executive
243 director may designate an employee of the department to serve in
244 this capacity.
245 Section 2. Paragraph (a) of subsection (5) of section
246 288.901, Florida Statutes, is amended to read:
247 288.901 Enterprise Florida, Inc.-
248 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.-
249 (a) In addition to the Governor or his or her designee,
250 the board of directors shall consist of the following appointed

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251 members:
252 1. The Commissioner of Education or his or her designee.
253 2. The Chief Financial Officer or his or her designee.
254 3. The Attorney General or his or her designee.
255 4. The Commissioner of Agriculture or his or her designee .
256 5. The chairperson of the state board as defined ins.
257 445.002.
258 6. The Secretary of State or his or her designee.
259 7. The Secretary of Economic Opportunity or his or her
260 designee .
2 61 8. Twelve members from the private sector, six of whom
262 shall be appointed by the Governor, three of whom shall be
263 appointed by the President of the Senate, and three of whom
2 64 shall be appointed by the Speaker of the House of
2 65 Representatives. Members appointed by the Governor are subject
266 to Senate confirmation.
267
2 68 All board members shall serve without compensation, but are
269 entitled to receive reimbursement for per diem and travel
270 expenses pursuant to s. 112.061. Such expenses must be paid out
271 of funds of Enterprise Florida, Inc.
272 Section 3. Subsection (2) of section 290.042, Florida
273 Statutes, is amended to read:
274 290.042 Definitions relating to Florida Small Cities
275 Community Development Block Grant Program Act.-As used in ss.

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276 290.0401-290.048, the term:
277 (2) "Administrative costs" has the same meaning as defined
278 in the Housing and Community Development Act of 1974, as
279 amended, and applicable federal regulations means the paYffient of
280 all reasonable costs of manageffient , coordinatiofl , monitoring ,
281 and evaluation , and similar costs and carrying charges , related
282 to the planning and eueeution of coFP.munity development
283 activities which are funded in whole or in part under the
284 Florida Small Cities Community Development Block Grant Program .
285 Administrative costs shall include all costs of administration ,
286 includiflg general administration , planning and urban design , and
287 project administration costs.
288 Section 4. Subsections ( 3) , ( 4) , and ( 5) of section
289 290.044, Florida Statutes, are amended to read:
290 290.044 Florida Small Cities Community Development Block
291 Grant Program Fund; administration; distribution.-
292 (3) The department shall require applicants for grants to
2 93 compete against each other in the following grant program
294 categories that may include one or more of the following:
295 (a) Housing rehabilitation.
296 (b) Economic development ·.
297 (c) Neighborhood revitalization.
2 98 (d) Commercial revitalization.
299 (e) Any other activity authorized by the Housing and
300 Community Development Act of 1974, as amended, and applicable

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301 federal regulations.
302 (4) The department shall define broad community
303 development objectives to be achieved by the activities in -ea-e£t
304 B.f. the grant program categories with the use of funds from the
305 Florida Small Cities Community Development Block Grant Program
306 Fund. Such objectives shall be designed to meet at least one of
307 the national objectives provided in the Housing and Community
308 Development Act of 1974.
309 (5) The department may set aside an amount of up t o ~ 5
310 percent of the funds annually for use in any eligible local
311 government jurisdiction for which an emergency or natural
312 disaster has been declared by executive order. Such funds may
313 only be provided to a local government to fund eligible
314 emergency-related activities for which no other source of
315 federal, state, or local disaster funds is available. The
316 department may provide for such set-aside by rule. In the last
317 quarter of the state fiscal year, any funds not allocated under
318 the emergency-related set-aside shall be distributed to unfunded
319 applications frOffi the fflost recent funding cycle.
320 Section 5. Subsection (2), paragraph (b) of subsection
321 (3), and subsection (6) of section 290.046, Florida Statutes,
322 are amended to read:
323 290.046 Applications for grants; procedures;
324 requirements.-
325 (2) (a) E1{cept for applications for economic dcvclopfficnt

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326 grants as provided in subparagraph (b)l ., an eligibl e loca l
327 government may submit one application for a grant during each
328 application cyc l e .
329 (b)l. An e ligible l ocal government may apply up to three
330 times in any one annual funding cycle for an economic
331 development granc but may not receive more than one such grant
332 per annual fundiRg cycle . A loca l govcrm:i=ient may have more than
333 one open economic development grant .
334 (2) (a) h The department shall establish minimum criteria
335 pertaining to the number of jobs created for persons of low or
336 moderate income, the degree of private sector financial
337 commitment, and the economic feasibility of the proposed project
338 and shall establish any other criteria the department deems
339 appropriate. Assistance to a private, for-profit business may
340 not be provided from a grant award unless sufficient evidence
341 exists to demonstrate that without such public assistance the
342 creation or retention of such jobs would not occur.
343 J..Ql_(c)l. A local government with an open housing
344 rehabilitation, neighborhood revitalization, or commercial
345 revitalization contract is not eligible to apply for another
346 housing rehabilitation, neighborhood revitalization, or
347 commercial revitalization grant until administrative closeout of
348 its existing contract. The department shall notify a local
349 government of administrative closeout or of any outstanding
350 closeout issues within 45 days after receipt of a closeout

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351 package from the local government. A local government with an
352 open housing rehabilitation, neighborhood revitalization, or
353 commercial revitalization community development block grant
354 contract whose activities are on schedule in accordance with the
355 expenditure rates and accomplishments described in the contract
356 may apply for an economic development grant.
357 J. .~. .L~--;- A local government with an open economic development
358 community development block grant contract whose activities are
359 on schedule in accordance with the expenditure rates and
360 accomplishments described in the contract may apply for a
361 housing rehabilitation, neighborhood revitalization, or
362 commercial revitalization community development block grant. A
363 local government with an open economic development contract
364 whose activities are on schedule in accordance with the
365 expenditure rates and accomplishments described in the contract
366 may receive RB more than one additional economic development
367 grant in each fiscal year.
368 (d) The department may not award a grant until it has
369 conducted a site visit to verify the information contained in
370 the local government's application.
371 ( 3)

372 (b) Funds shall be distributed according to the rankings
373 established in each application cycle. If economic development
374 funds remain available after the application cycle closes, the
375 remaining funds shall be awarded to eligible projects 6fl--a

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376 first come , first served basis until such funds arc fully
377 obligated.
378 (6) The department shall, before approving an application
379 for a grant, determine that the applicant has the administrative
380 capacity to carry out the proposed activities and has performed
381 satisfactorily in carrying out past activities funded by
382 community development block grants. The evaluation of past
383 performance shall take into account procedural aspects of
384 previous grants as well as substantive results. If the
385 department determines that any applicant has failed to
386 accomplish substantially the results it proposed in its last
387 previously funded applications applicati o n, it may prohibit the
388 applicant from receiving a grant or may penalize the applicant
389 in the rating of the current application. An application for
390 grant funds may not be denied solely upon the basis of the past
391 performance of the eligible applicant.
392 Section 6. Section 331.3081, Florida Statutes, is amended
393 to read:
394 331.3081 Board of directors.-Space Florida shall be
395 governed by a 13-mernber independent board of directors that
396 consists of the members appointed to the board of directors of
397 Enterprise Florida, Inc., by the Governor, the President of the
398 Senate, and the Speaker of the House of Representatives pursuant
399 to s. 288. 901 (5) (a) 8. s . 288 . 901 (5) ( a ) 7 . and the Governor, who
400 shall serve ex officio, or who may appoint a designee to serve,

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401 as the chair and a voting member of the board.
402 Section 7. Subsection (5) of section 435.02, Florida
403 Statutes, is amended to read:
404 435.02 Definitions.-For the purposes of this chapter, the
405 term:
406 ( 5) "Specified agency" means the Department of Heal th, the
407 Department of Children and Families, the Division of Vocational
408 Rehabilitation within the Department of Education, the Agency
409 for Health Care Administration, the Department of Elderly
410 Affairs, the Department of Juvenile Justice, the Agency for
411 Persons with Disabilities, regional workforce boards providing
412 services as defined ins. 445 . 002(3), and local licensing
413 agencies approved pursuant to s. 402.307, when these agencies
414 are conducting state and national criminal history background
415 screening on persons who work with children or persons who are
416 elderly or disabled.
417 Section 8. Paragraph (c) of subsection (1) of section
418 443.091, Florida Statutes, is amended to read:
419 443.091 Benefit eligibility conditions.-
420 (1) An unemployed individual is eligible to receive
421 benefits for any week only if the Department of Economic
422 Opportunity finds that:
423 (c) To make continued claims for benefits, she or he is
424 reporting to the department in accordance with this paragraph
425 and department rules. Department rules may not conflict withs .

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426 443 .111 (1) (b), which requires that each claimant continue to
427 report regardless of any pending appeal relating to her or his
428 eligibility or disqualification for benefits.
429 1. For each week of unemployment claimed, each report
430 must, at a minimum, include the name and7 address , and telephone
431 number of each prospective employer contacted, or the date the
432 claimant reported to a one-stop career center, pursuant to
433 paragraph (d). For the purposes of this subparagraph, the term
434 "address" means a website address, a physical address, or an e-
435 mail address.
436 2. The department shall offer an online assessment aimed
437 at identifying an individual's skills, abilities, and career
438 aptitude. The skills assessment must be voluntary, and the
439 department shall allow a claimant to choose whether to take the
440 skills assessment. The online assessment shall be made available
441 to any person seeking services from a local workforce
442 development board or a one-stop career center.
443 a. If the claimant chooses to take the online assessment,
444 the outcome of the assessment shall be made available to the
445 claimant, local workforce development board, and one-stop career
446 center. The department, local workforce development board, or
447 one-stop career center shall use the assessment to develop a
448 plan for referring individuals to training and employment
449 opportunities. Aggregate data on assessment outcomes may be made
450 available to CareerSource Florida, Inc., and Enterprise Florida,

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451 Inc., for use in the development of policies related to
452 education and training programs that will ensure that businesses
453 in this state have access to a skilled and competent workforce.
454 b. Individuals shall be informed of and offered services
455 through the one-stop delivery system, including career
456 counseling, the provision of skill match and job market
457 information, and skills upgrade and other training
458 opportunities, and shall be encouraged to participate in such
459 services at no cost to the individuals. The department shall
460 coordinate with CareerSource Florida, Inc., the local workforce
461 development boards, and the one-stop career centers to identify,
4 62 develop, and use best practices for improving the skills of
463 individuals who choose to participate in skills upgrade and
4 64 other training opportunities. The department may contract with
465 an entity to create the online assessment in accordance with the
466 competitive bidding requirements ins. 287.057. The online
467 assessment must work seamlessly with the Reemployment Assistance
468 Claims and Benefits Information System.
469 Section 9. Paragraph (a) of subsection (1) and subsection
470 (6) of section 443.101, Florida Statutes, are amended to read:
471 443.101 Disqualification for benefits.-An individual shall
472 be disqualified for benefits:
473 (1) (a) For the week in which he or she has voluntarily
474 left work without good cause attributable to his or her
475 employing unit or for the week in which he or she has been

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476 discharged by the employing unit for misconduct connected with
477 his or her work, based on a finding by the Department of
478 Economic Opportunity. As used in this paragraph, the term "work"
479 means any work, whether full-time, part-time, or temporary.
480 1. Disqualification for voluntarily quitting continues for
481 the full period of unemployment next ensuing after the
482 individual has left his or her full-time, part-time, or
483 temporary work voluntarily without good cause and until the
484 individual has earned income equal to or greater than 17 times
485 his or her weekly benefit amount. As used in this subsection,
486 the term "good cause'' includes only that cause attributable to
487 the employing unit which would compel a reasonable employee to
488 cease working or attributable to the individual's illness or
489 disability requiring separation from his or her work. Any other
490 disqualification may not be imposed.
491 2. An individual is not disqualified under this subsection
4 92 for:
493 a. Voluntarily leaving temporary work to return
494 immediately when called to work by the permanent employing unit
495 that temporarily terminated his or her work within the previous
496 6 calendar months;
4 97 b. Voluntarily leaving work to relocate as a result of his
498 or her military-connected spouse's permanent change of station
499 orders, activation orders, or unit deployment orders; or
500 c. Voluntarily leaving work if he or she proves that his

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501 or her discontinued employment is a direct result of
502 circumstances related to domestic violence as defined ins.
503 741.28. An individual who voluntarily leaves work under this
504 sub-subparagraph must:
505 (I) Make reasonable efforts to preserve employment, unless
506 the individual establishes that such remedies are likely to be
507 futile or to increase the risk of future incidents of domestic
508 violence. Such efforts may include seeking a protective
509 injunction, relocating to a secure place, or seeking reasonable
510 accommodation from the employing unit, such as a transfer or
511 change of assignment;
512 (II) Provide evidence such as an injunction, a protective
513 order, or other documentation authorized by state law which
514 reasonably proves that domestic violence has occurred; and
515 (III) Reasonably believe that he or she is likely to be
516 the victim of a future act of domestic violence at, in transit
517 to, or departing from his or her place of employment. Aft
518 individual who is otherwise eligible for benefits under this
519 sub subparagraph is ine l igible for each week that he or she no
520 longer meets such criteria or refuses a reasonable accoffiffiodation
521 offered in good faith by his or her employing unit.
522 3. The employment record of an employing unit may not be
523 charged for the payment of benefits to an individual who has
524 voluntarily left work under sub-subparagraph 2.c.
525 4. Disqualification for being discharged for misconduct

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526 connected with his or her work continues for the full period of
527 unemployment next ensuing after having been discharged and until
528 the individual is reemployed and has earned income of at least
529 17 times his or her weekly benefit amount and for not more than
530 52 weeks immediately following that week, as determined by the
531 department in each case according to the circumstances or the
532 seriousness of the misconduct, under the department's rules for
533 determining disqualification for benefits for misconduct.
534 5. If an individual has provided notification to the
535 employing unit of his or her intent to voluntarily leave work
536 and the employing unit discharges the individual for reasons
537 other than misconduct before the date the voluntary quit was to
538 take effect, the individual, if otherwise entitled, shall
539 receive benefits from the date of the employer's discharge until
540 the effective date of his or her voluntary quit.
541 6. If an individual is notified by the employing unit of
542 the employer's intent to discharge the individual for reasons
543 other than misconduct and the individual quits without good
544 cause before the date the discharge was to take effect, the
545 claimant is ineligible for benefits pursuant to s. 443. 091 (1) (d)
546 for failing to be available for work for the week or weeks of
547 unemployment occurring before the effective date of the
548 discharge.
549 (6) For making any false or fraudulent representation for
550 the purpose of obtaining benefits contrary to this chapter,

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551 constituting a violation under s. 443.071. The disqualification
552 imposed under this subsection shall begin with the week for ±fl
553 which the false or fraudulent representation was -i--s- made and
554 shall continue for a period not to exceed 1 year after the date
555 the Department of Economic Opportunity discovers the false or
556 fraudulent representation and until any overpayment of benefits
557 resulting from such representation has been repaid in full. This
558 disqualification may be appealed in the same manner as any other
559 disqualification imposed under this section. A conviction by any
560 court of competent jurisdiction in this state of the offense
561 prohibited or punished bys. 443.071 is conclusive upon the
562 appeals referee and the commission of the making of the false or
563 fraudulent .representation for which disqualification is imposed
564 under this section.
565 Section 10. Section 443.1113, Florida Statutes, is amended
566 to read:
567 443.1113 Reemployment Assistance Claims and Benefits
568 Information System.-
569 ( 1) Sub j ec t to legislative appropriation, the Department
570 of Economic Opportunity shall implement an integrated modular
571 cloud-based system that is necessary for the efficient
572 distribution of benefits and the effective operation and
573 management of the reemployment assistance program.~ The e}ctent
574 that funds are appropriated for each phase of the ReemployRmnt
575 Assistance Claims and Benefits Information system may be cited

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576 by the Legislature , the Department of Economic Opportunity shall
577 replace and enhance the functionality provided in the following
578 systems with an integrated Internet based system that is known
579 as the "Reemployment Assistance Claims and Benefits Information
580 System" and must:
581 (a) Be accessible through the Internet Claims and benefit
582 mainframe systeffl.
583 (b) Be accessible on mobile devices and personal computers
584 Florida uncfflploym.cnt 1ntcrnct direct.
585 ( C) Process reemployment assistance claims Florida
586 continued claim Internet directory .
587 (d) Process benefit payments Call center interactive voice
588 response systeffl.
589 (e) Process and manage overpayments Benefit overpayment
590 screening system.
591 (f) Perform adjudication functions Internet and Intranet
592 appeals system.
593 (g) Process appeals and manage appeal hearings.
594 (h) Manage and process employer charging.
595 (2) Wherever cost-effective and operationally feasible,
596 the Reemployment Assistance Claims and Benefits System shall
597 accomplish the following main business objectives:
598 (a) Wherever cost effective and operationally feasibLe,
599 Eliminate or automate existing paper processes and enhance any
600 existing automated workflows in order to expedite customer

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601 transactions and eliminate redundancy.
602 (b) Enable and enhance online, self-service capabilities
603 aecess to claimant and employer information and federal and
604 state reporting.
605 (c) Integrate benefit payment control with the
606 adjudication program and collection system in order to improve
607 the detection of fraud.
608 (d) Comply with all requirements established in federal
609 and state law for reemployment assistance.
610 (e) Integrate with the Department of Revenue's statewide
611 unified tax system that collects reemployment assistance taxes.
612 (3) The scope of the Reemployment Assistance Claims and
613 Benefits Information System does not include any of the
614 following functionalities:
615 (a) Collection of reemployment assistance taxes.
616 (b) General ledger, financial management, or budgeting
617 capabilities.
618 (c) Human resource planning or management capabilities.
619 (1) The project to implement the ReemploYffient Assistance
620 Claims and Benefits Information System is comprised of the
621 follo\dng phases and corresponding implementation timeframes :
622 (a) No later than the end of fiscal year 2009 2010
623 completion of the business re engineering analysis and
624 documentation of both the detailed system requirements and the
625 overall system architecture .

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626 (b) The Reemployment Assis tance Cla im s a~d Benefits
627 Internet portal that replaces the Florida Unefflployment Internet
628 Direct and the Florida Continued Claims Internet Directory
629 systems , the Call Center Int eractive Voice Response System , the
630 Benefit Overpayment Screening System , the Internet and Ifltranet
631 Appeals System , and the Claims and Benef±ts Mainframe System
632 shall be deployed to full operational status no later than the
633 end of fiscal year 2013 2014 .
634 Jil-+5-t- The Department of Economic Opportunity shall
635 maintain a sustainable culture of continuous modernization and
636 shall implement and maintain the following Reemployment
637 Assistance Claims and Benefits Information System project
638 governance structure until such time as the project is
639 completed , suspended , or terminated:
640 (a) The project sponsor for the Reemployment Assistance
641 Claims and Benefits Information System project is the
642 department .
643 ~--Ba-+- The system project shall be governed by a-n-
644 eJcecut:i ve steering committee composed of the Reemployment
645 Assistance Modernization Strategic Planning Office .
646 (b) The Reemployment Assistance Modernization Strategic
647 Planning Office shall report directly to the Secretary of
648 Economic Opportunity and is responsible for:
649 1. Coordinating and seeking input, including, but not
650 limited to, from the following entities voting members or their

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651 designccs:
652 1. The executive director of the department .
653 a.±-;- The executive director of the Department of Revenue.
654 b.-3--;- The Department of Management Services, including, but
655 not limited to, the state chief information officer The director
656 of the Division of Workforce Services within the department .
657 q_ The program director of the General Tax Administration
658 ProgrUffl Office within the Department 0£ Revenue.
659 5. The chief information officer of the department .
660 ( c) The eJcecutive steering committee has the overall
661 rcsponsib±lity for ensuring that the project meets its primary
662 objectives and is specifically responsible for :
663 1. Providing management direct:ion and support to the
664 project management team .
665 2. Assessing the project ' s alignfflcnt w:ith the strategic
666 goals of the department for administering the reemployment
667 assistance program .
668 2. Implementing continuous modernization initiatives for
669 the Reemployment Assistance Claims and Benefits Information
670 System. The modernization initiatives must include, but need not
671 be limited to:
672 a. Infrastructure.
673 b. Software.
674 c. Data and analytics.
675 d. Security .

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676 3. Providing regular updates to the Secretary of Economic
677 Opportunity.
678 4. Developing and maintaining an enterprise disaster
679 preparedness plan.
680 (5) By October 1, 2023, and each year thereafter, the
681 Department of Economic Opportunity shall submit a Reemployment
682 Assistance Claims and Benefits Information System report to the
683 Governor, the President of the Senate, and the Speaker of the
684 House of Representatives. The report must, at a minimum,
685 include:
686 (a) A summary of continuous modernization efforts over the
687 last fiscal year.
688 (b) A 3-year outlook of recommended modernization projects
689 that include projected costs and timeframes for completion.
690 (6) In the event of a disaster or an emergency, as
691 declared by the President of the United States or the Governor
692 of this state, which may disrupt or endanger the Department of
693 Economic Opportunity's usual procedures or facilities, the
694 department may implement an emergency reemployment assistance
695 system. Subsection (1) does not apply to an emergency
696 reemployment assistance system.
697 3. Reviewing and approv ing or disapproving any changes to
0

698 the project ' s scop e , schedule , and costs.
699 4. Reviewing , approving or disapproving , and determining
700 whether to procee d with any major pro j ect deliverables .

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701 5. Recommending suspension or cenAination of the proj cot
702 to the Governor , the President of the Senate , and the Speaker of
703 the House of Representatives if it d c ~efil'lincs that the prifflary
704 objectives cannot be achieved .
705 (d) The project ffianag c ment teaffl shall work under the
706 direction of the eMeeutive steering eom:m.ittee and shall be
707 minimally eofflpriscd of senior fflanagers and stakeholders from the
708 departfflent and the Department of Revenue . The project managcfficnt
709 team is r e sponsible for:
710 1. Providing daily planning , management , and oversight of
711 the project.
712 2. SubrHitting an operational work plan and providing
713 quarterly updates to that plan to the executive steeriflg
714 committee . The plan must specify project miles~ones ,
715 deliverables , and cnpcnditures .
716 3. Submitting written m.onthly project status reports to
717 the enccutive steering committee ;;hich include :
718 a. Planned ver s us actual project costs ;
719 b. ~n assessment of the status of major milestones and
720 deliverables;
721 c. Identification of any issues requiring resolution , the
722 proposed resolution for these issues , and information regarding
723 the status of the resolution ;
724 d. I dent if ication of risks that FRust be mana g e d; and
725 e. Identificatiofl of and rccoff\:ffiendations regarding

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726 necessary changes in the project ' s scope , schedule , or costs .
727 All recoffiffl.endations must be reviewed by p rojec"': stakeholders
728 before submission to the exe cutive steering cofflfflittee in order
729 to ensure that the recofflfflendations me e t required acce ptance
730 criteria.
731 Section 11. Paragraphs (a) and (b) of subsection (3) and
732 paragraphs (a) and (b) of subsection (4) of section 443.151,
733 Florida Statutes, are amended to read:
734 443.151 Procedure concerning claims.-
735 (3) DETERMINATION OF ELIGIBILITY.-
736 (a) Notices of claim.-The Department of Economic
737 Opportunity shall promptly provide a notice of claim to the
738 claimant's most recent employing unit and all employers whose
739 employment records are liable for benefits under the monetary
740 determination. The employer must respond to the notice of claim
741 within li_ -2--G- days after the mailing date of the notice, or in
742 lieu of mailing, within li_ -2--G- days after the delivery of the
743 notice. If a contributing employer or its agent fails to timely
744 or adequately respond to the notice of claim or request for
745 information, the employer's account may not be relieved of
746 benefit charges as provided ins. 443.131(3) (a), notwithstanding
747 paragraph ( 5) (b) . The department may adopt rules as necessary to
748 implement the processes described in this paragraph relating to
749 notices of claim.
750 (b) Monetary determinations.-In addition to the notice of

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751 claim, the department shall also promptly provide an initial
752 monetary determination to the claimant and each base period
753 employer whose account is subject to being charged for its
754 respective share of benefits on the claim. The monetary
755 determination must include a statement of whether and in what
756 amount the claimant is entitled to benefits, and, in the event
757 of a denial, must state the reasons for the denial. A monetary
758 determination for the first week of a benefit year must also
759 include a statement of whether the claimant was paid the wages
760 required under s. 443.091 (1) (g) and, if so, the first day of the
761 benefit year, the claimant's weekly benefit amount, and the
7 62 maximum total amount of benefits payable to the claimant for a
763 benefit year. The claimant may file a request for the department
7 64 to reconsider a monetary determination within 20 days after the
765 department mails the notice to the claimant's last known address
766 or, in lieu of mailing, within 20 days after the delivery of the
767 notice. A monetary determination is final for a claimant if the
7 68 claimant does not file a timely request for the department to
769 reconsider the monetary determination. A monetary
770 redetermination is final for a claimant unless within 20 days
771 after the mailing of the notice of monetary redetermination to
772 the claimant's last known address or, in lieu of mailing , within
773 20 days after the delivery of the notice , the claimant files an
774 appeal. The monetary determination or monetary redetermination
775 is final for an employer or other party entitled to notice

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776 unless within 20 days after the mailing of the respective notice
777 to the employer or party to its last known address or, in lieu
778 of mailing, within 20 days after delivery of the notice, an
779 appeal is filed by the employer or the party The monetary
780 determir.ation is final unle s s within 20 days after the mailing
781 of the notices to the parties ' last known addresses , or in lieu
782 of mailing , within 20 days after the delivery of the notices , an
783 appeal or written request for reconsideration is filed by the
784 claimant or other party entitled to notice. The department may
785 adopt rules as necessary to implement the processes described in
786 this paragraph relating to notices of monetary determinations
787 and the appeals or reconsideration requests filed in response to
788 such notices.
789 (4) APPEALS.-
790 (a) Appeals referees.-
791 1. The Department of Economic Opportunity shall appoint
792 one or more impartial salaried appeals referees in accordance
793 withs. 443.171(3) to hear and decide appealed claims.
7 94 2. h., appeals referee must be an attorney in good standing

795 with The Florida Bar or be successfully admitted to The Florida
796 Bar within 8 months after his or her date of employment . This
7 97 subparagraph docs not apply to an appeals referee appointed
798 before January 1 , 2014 .
799 -3--;-- A person may not participate on behalf of the
800 department as an appeals referee in any case in which she or he

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801 is an interested party.
802 3.-4-;- The department may designate alternates to serve in
803 the absence or disqualification of any appeals referee on a
804 temporary basis. These alternates must have the same
805 qualifications required of appeals referees.
806 4 . ..§-;- The department shall provide the commission and the
807 appeals referees with proper facilities and assistance for the
808 execution of their functions.
809 (b) Filing and hearing.-
810 1. The claimant or any other party entitled to notice of a
811 determination may appeal an adverse determination to an appeals
812 referee within 20 days after the date of mailing of the notice
813 to her or his last known address or, if the notice is not
814 mailed, within 20 days after the date of delivering the notice.
815 2. Unless the appeal is untimely or withdrawn or review is
816 initiated by the commission, the appeals referee, after mailing
817 all parties and attorneys of record a notice of hearing at least
818 10 days before the date of hearing, notwithstanding the 14-day
819 notice requirement in s. 120. 569 (2) (b), may only affirm, modify,
820 or reverse the determination. An appeal may not be withdrawn
821 without the permission of the appeals referee.
822 3. However , If an appeal appears to have been filed after
823 the permissible time limit, the Office of Appeals may issue an
824 order to show cause to the appellant which requires the
825 appellant to show why the appeal should not be dismissed as

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826 untimely. If, within 15 days after the mailing date of the order
827 to show cause, the appellant does not provide written evidence
828 of timely filing or good cause for failure to appeal timely, the
829 appeal shall be dismissed. However, an appeal may not be filed
830 more than 5 years after the date of the mailing of the
831 determination or, if the determination is not mailed, more than
832 5 years after the date of the delivery of the determination.
833 4. If an appeal involves a question of whether services
834 were performed by a claimant in employment or for an employer,
835 the referee must give special notice of the question and of the
836 pendency of the appeal to the employing unit and to the
837 department, both of which become parties to the proceeding.
838 5.a. Any part of the evidence may be received in written
839 form, and all testimony of parties and witnesses shall be made
840 under oath.
841 b. Irrelevant, irmnaterial, or unduly repetitious evidence
842 shall be excluded, but all other evidence of a type cormnonly
843 relied upon by reasonably prudent persons in the conduct of
844 their affairs is admissible, whether or not such evidence would
845 be admissible in a trial in state court.
846 c. Hearsay evidence may be used for the purpose of
847 supplementing or explaining other evidence, or to support a
848 finding if it would be admissible over objection in civil
849 actions. Notwithstanding s. 120.57(1) (c), hearsay evidence may
850 support a finding of fact if:

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851 (I) The party against whom it is offered has a reasonable
852 opportunity to review such evidence prior to the hearing; and
853 (II) The appeals referee or special deputy determines,
854 after considering all relevant facts and circumstances, that the
855 evidence is trustworthy and probative and that the interests of
856 justice are best served by its admission into evidence.
857 6. The parties must be notified promptly of the referee's
858 decision. The referee's decision is final unless further review
859 is initiated under paragraph (c) within 20 days after the date
860 of mailing notice of the decision to the party's last known
861 address or, in lieu of mailing, within 20 days after the
862 delivery of the notice.
863 Section 12. Paragraph (d) of subsection (3) of section
864 445.004, Florida Statutes, is amended, and subsections (1) and
865 (2) of that section are republished, to read:
866 445.004 CareerSource Florida, Inc., and the state board;
867 creation; purpose; membership; duties and powers.-
868 (1) CareerSource Florida, Inc., is created as a not-for-
869 profit corporation, which shall be registered, incorporated,
870 organized, and operated in compliance with chapter 617 and shall
871 operate at the direction of the state board. CareerSource
872 Florida, Inc., is not a unit or entity of state government and
873 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
874 shall apply the procurement and expenditure procedures required
875 by federal law for the expenditure of federal funds.

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876 CareerSource Florida, Inc., shall be administratively housed
877 within the department and shall operate under agreement with the
878 department. The Legislature finds that public policy dictates
879 that CareerSource Florida, Inc., operate in the most open and
880 accessible manner consistent with its public purpose. To this
881 end, the Legislature specifically declares that CareerSource
882 Florida, Inc., its board, councils, and any advisory committees
883 or similar groups created by CareerSource Florida, Inc., are
884 subject to the provisions of chapter 119 relating to public
885 records, and those provisions of chapter 286 relating to public
886 meetings.
887 (2) CareerSource Florida, Inc., provides administrative
888 support for the state board, the principal workforce policy
889 organization for the state. The purpose of the state board is to
890 design and implement strategies that help Floridians enter,
891 remain in, and advance in the workplace, so that they may become
892 more highly skilled and successful, which benefits these
893 Floridians, Florida businesses, and the entire state, and
894 fosters the development of the state's business climate.
895 CareerSource Florida, Inc., shall, consistent with its agreement
896 with the department, implement the policy directives of the
897 state board and administer state workforce development programs
898 as authorized by law.
899 ( 3)

900 (d) The state board must include the Secretary of Economic

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901 Opportunity or his or her designee, the vice chairperson of the
902 board of directors of Enterprise Florida, Inc., and one member
903 representing each of the Workforce Innovation and Opportunity
904 Act partners, including the Division of Career and Adult
905 Education, and other entities representing programs identified
906 in the Workforce Innovation and Opportunity Act, as determined
907 necessary.
908 Section 13. Subsection (14) of section 553.79, Florida
909 Statutes, is amended to read:
910 553.79 Permits; applications; issuance; inspections.-
911 ( 14) (a) Except as provided in paragraph (b), a building
912 permit for a single-family residential dwelling must be issued
913 within 30 working days after receipt of the application therefor
914 unless unusual circumstances require a longer time for
915 processing the application or unless the permit application
916 fails to satisfy the Florida Building Code or the enforcing
917 agency's laws or ordinances.
918 (b) A building permit for a single-family residential
919 dwelling applied for by a contractor licensed in this state on
920 behalf of a property owner who participates in a Community
921 Development Block Grant-Disaster Recovery program administered
922 by the Department of Economic Opportunity must be issued within
923 15 working days after receipt of the application unless the
924 permit application fails to satisfy the Florida Building Code or
925 t he e nf orcing agency's laws or ordinances.

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926 Section 14. Paragraph (b) of subsection (2) of section
927 14.20195, Florida Statutes, is amended to read:
928 14.20195 Suicide Prevention Coordinating Council;
929 creation; membership; duties.-There is created within the
930 Statewide Office for Suicide Prevention a Suicide Prevention
931 Coordinating Council. The council shall develop strategies for
932 preventing suicide.
933 (2) MEMBERSHIP.-The Suicide Prevention Coordinating
934 Council shall consist of 31 voting members and 1 nonvoting
935 member.
936 (b) The following state officials or their designees shall
937 serve on the coordinating council:
938 1. The Secretary of Elderly Affairs.
939 2. The State Surgeon General.
940 3. The Commissioner of Education.
941 4. The Secretary of Health Care Administration.
942 5. The Secretary of Juvenile Justice.
943 6. The Secretary of Corrections.
944 7. The executive director of the Department of Law
945 Enforcement.
946 8. The executive director of the Department of Veterans'
947 Affairs.
948 9. The Secretary of Children and Families.
949 10. The Secre t ary CJtccutive director of the Department of
950 Economic Opportunity.

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951 Section 15. Paragraph (j) of subsection (1) of section
952 16.615, Florida Statutes, is amended to read:
953 16.615 Council on the Social Status of Black Men and
954 Boys.-
955 ( 1) The Council on the Social Status of Black Men and Boys
956 is established within the Department of Legal Affairs and shall
957 consist of 19 members appointed as follows:
958 (j ) The Secretary executive director of th e Deparcment of
959 Economic Opportunity or his or her designee.
960 Section 16. Subsection (3) and paragraph (b) of subsection
961 (7) of section 20.04, Florida Statutes, are amended to read:
962 20.04 Structure of executive branch.-The executive branch
963 of state government is structured as follows:
964 (3) For their internal structure, all departments, except
965 for the Department of Financial Services, the Department of
966 Economic Opportunity, the Department of Children and Families,
967 the Department of Corrections, the Department of Management
968 Services, the Department of Revenue, and the Department of
969 Transportation, must adhere to the following standard terms:
970 (a) The principal unit of the department is the
971 "division." Each division is headed by a "director."
972 (b) The principal unit of the division is the "bureau."
973 Each bureau is headed by a "chief."
974 (c) The principal unit of the bureau is the "section."
975 Each section is headed by an "administrator."

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976 ( d) If further subdivision is necessary, sections may be
977 divided into "subsections," which are headed by "supervisors."
978 (7)

979 (b) Within the limitations of this subsection, the head of
980 the department may recommend the establishment of additional
981 divisions, bureaus, sections, and subsections of the department
982 to promote efficient and effective operation of the department.
983 However, additional divisions, or offices in the Department of
984 Children and Families, the Department of Corrections, the
985 Department of Economic Opportunity, and the Department of
986 Transportation, may be established only by specific statutory
987 enactment. New bureaus, sections, and subsections of departments
988 may be initiated by a department and established as recommended
989 by the Department of Management Services and approved by the
990 Executive Office of the Governor, or may be established by
991 specific statutory enactment.
992 Section 17. Paragraph (a) of subsection (7) of section
993 213.053, Florida Statutes, is amended to read:
994 213.053 Confidentiality and information sharing.-
995 (7) (a) Any information received by the Department of
996 Revenue in connection with the administration of taxes,
997 including, but not limited to, information contained in returns,
998 reports, accounts, or declarations filed by persons subject to
999 tax, shall be made available to the following in performance of
1000 their official duties:

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1001 1. The Auditor General or his or her authorized agent;
1002 2. The director of the Office of Program Policy Analysis
1003 and Government Accountability or his or her authorized agent;
1004 3. The Chief Financial Officer or his or her authorized
1005 agent;
1006 4. The Director of the Office of Insurance Regulation of
1007 the Financial Services Corrnnission or his or her authorized
1008 agent;
1009 5. A property appraiser or tax collector or their
1010 authorized agents pursuant to s. 195.084(1);
1011 6. Designated employees of the Department of Education
1012 solely for determination of each school district's price level
1013 index pursuant to s. 1011.62(2);
1014 7. The Secre t ary executive director of the Department of
1015 Economic Opportunity or his or her authorized agent;
1016 8. The taxpayers' rights advocate or his or her authorized
1017 agent pursuant to s. 20.21(3); and
1018 9. The coordinator of the Office of Economic and
1019 Demographic Research or his or her authorized agent.
1020 Section 18. Paragraph (b) of subsection (5) of section
1021 220.194, Florida Statutes, is amended to read:
1022 220.194 Corporate income tax credits for spaceflight
1023 projects.-
1024 (5) APPLICATION AND CERTIFICATION.-
1025 (b) In order to take a tax credit under subparagraph (a)l.

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1026 or, if applicable, to transfer an approved credit under
1027 subparagraph (a)2., a spaceflight business must submit an
1028 application for certification to the Department of Economic
1029 Opportunity along with a nonrefundable $250 fee.
1030 1. The application must include:
1031 a. The name and physical in-state address of the taxpayer.
1032 b. Documentation demonstrating to the satisfaction of the
1033 Department of Economic Opportunity that:
1034 (I) The taxpayer is a spaceflight business.
1035 (II) The business has engaged in a qualifying spaceflight
1036 project before taking or transferring a credit under this
1037 section.
1038 c. In addition to any requirement specific to a credit,
1039 documentation that the business has:
1040 (I) Created 35 new jobs in this state directly associated
1041 with spaceflight projects during its immediately preceding 3
1042 taxable years. The business shall be deemed to have created new
1043 jobs if the number of full-time jobs located in this state at
1044 the time of application for certification is greater than the
1045 total number of full-time jobs located in this state at the time
1046 of application for approval to earn credits; and
1047 (II) Invested a total of at least $15 million in this
1048 state on a spaceflight project during its immediately preceding
1049 3 taxable years.
1050 d. The total amount and types of credits sought.

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1051 e. An acknowledgment that a transfer of a tax credit is to
1052 be accomplished pursuant to subsection (5).
1053 f. A copy of an audit or audits of the preceding 3 taxable
1054 years, prepared by a certified public accountant licensed to
1055 practice in this state, which identifies that portion of the
1056 business's activities in this state related to spaceflight
1057 projects in this state.
1058 g. An acknowledgment that the business must file an annual
1059 report on the spaceflight project's progress with the Department
1060 of Economic Opportunity.
1061 h. Any other information necessary to demonstrate that the
1062 applicant meets the job creation, investment, and other
1063 requirements of this section.
1064 2. Within 60 days after receipt of the application for
1065 certification, the Department of Economic Opportunity shall
1066 evaluate the application and recormnend the business for
1067 certification or denial. The Secretary e}cecutive director of the
1068 Department of Economic Opportunity must approve or deny the
1069 application within 30 days after receiving the recormnendation.
1070 If approved, the Department of Economic Opportunity must provide
1071 a letter of certification to the applicant consistent with any
1072 restrictions imposed. If the Department of Economic Opportunity
1073 denies any part of the requested credit, the Department of
1074 Economic Opportunity must inform the applicant of the grounds
1075 for the denial. A copy of the certification shall be submitted

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1076 to the department within 10 days after the secretary ' s e}{ecutive
1077 director's approval.
1078 Section 19. Subsection (3) of section 288.005, Florida
1079 Statutes, is amended to read:
1080 288.005 Definitions.-As used in this chapter, the term:
1081 ( 3) "E}wcutive director" means the owcutive director of
1082 the Department of Economic Opportunity , unless otherwise stated .
1083 Section 20. Subsections (1) and (3), paragraph (a) of
1084 subsection (5), and subsection (6) of section 288.061, Florida
1085 Statutes, are amended to read:
1086 288.061 Economic development incentive application
1087 process.-
1088 (1) Upon receiving a submitted economic development
1089 incentive application, the Division of Strategic Business
1090 Development of the Department of Economic Opportunity and
1091 designated staff of Enterprise Florida, Inc., shall review the
1092 application to ensure that the application is complete, whether
1093 and what type of state and local permits may be necessary for
1094 the applicant's project, whether it is possible to waive such
1095 permits, and what state incentives and amounts of such
1096 incentives may be available to the applicant. The department
1097 shall recommend to the Secretary of Economic Opportunity
1098 executive director to approve or disapprove an applicant
1099 business. If review of the application demonstrates that the
1100 application is incomplete, the secretary executive director

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1101 shall notify the applicant business within the first 5 business
1102 days after receiving the application.
1103 (3) Within 10 business days after the department receives
1104 the submitted economic development incentive application, the
1105 Secretary of Economic Opportunity executive director shall
1106 approve or disapprove the application and issue a letter of
1107 certification to the applicant which includes a justification of
1108 that decision, unless the business requests an extension of that
1109 time.
1110 (a) The contract or agreement with the applicant must
1111 specify the total amount of the award, the performance
1112 conditions that must be met to obtain the award, the schedule
1113 for payment, and sanctions that would apply for failure to meet
1114 performance conditions. The department may enter into one
1115 agreement or contract covering all of the state incentives that
1116 are being provided to the applicant. The contract must provide
1117 that release of funds is contingent upon sufficient
1118 appropriation of funds by the Legislature.
1119 (b) The release of funds for the incentive or incentives
1120 awarded to the applicant depends upon the statutory requirements
1121 of the particular incentive program.
1122 ( 5) (a) The Secretary of Economic Opportunity eEecutive
1123 director may not approve an economic development incentive
1124 application unless the application includes a signed written
1125 declaration by the applicant which states that the applicant has

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1126 read the information in the application and that the information
1127 is true, correct, and complete to the best of the applicant's
1128 knowledge and belief.
1129 (6) Beginning July 1, 2020, the Secretary of Economic
1130 Opportunity executive director may not approve an economic
1131 development incentive application unless the application
1132 includes proof to the department that the applicant business is
1133 registered with and uses the E-Verify system, as defined ins.
1134 448.095, to verify the work authorization status of all newly
1135 hired employees. If the department determines that an awardee is
1136 not complying with this subsection, the department must notify
1137 the awardee by certified mail of the department's determination
1138 of noncompliance and the awardee's right to appeal the
1139 determination. Upon a final determination of noncompliance, the
1140 awardee must repay all moneys received as an economic
1141 development incentive to the department within 30 days after the
1142 final determination.
1143 Section 21. Paragraph (a) of subsection (6) of section
1144 288.0656, Florida Statutes, is amended to read:
1145 288.0656 Rural Economic Development Initiative.-
1146 ( 6) (a) By August 1 of each year, the head of each of the
1147 following agencies and organizations shall designate a deputy
1148 secretary or higher-level staff person from within the agency or
1149 organization to serve as the REDI representative for the agency
1150 or organization:

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1151 1. The Department of Transportation.
1152 2. The Department of Environmental Protection.
1153 3. The Department of Agriculture and Consumer Services.
1154 4. The Department of State.
1155 5. The Department of Health.
1156 6. The Department of Children and Families.
1157 7. The Department of Corrections.
1158 8. The Department of Education.
1159 9. The Department of Juvenile Justice.
1160 10. The Fish and Wildlife Conservation Commission.
1161 11. Each water management district.
1162 12. Enterprise Florida, Inc.
1163 13. CareerSource Florida, Inc.
1164 14. VISIT Florida.
1165 15. The Florida Regional Planning Council Association.
1166 16. The Agency for Health Care Administration.
1167 17. The Institute of Food and Agricultural Sciences
1168 (IFAS).
1169
1170 An alternate for each designee shall also be chosen, and the
1171 names of the designees and alternates shall be sent to the
1172 Secretary of Economic Opportunity e1Eecutive director of the
1173 department.
1174 Section 22. Paragraph (c) of subsection (5) and subsection
1175 (8) of section 288.106, Florida Statutes, are amended to read:

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1176 288.106 Tax refund program for qualified target industry
1177 businesses.-
1178 (5) TAX REFUND AGREEMENT. -
1179 (c) The agreement must be signed by the Secretary of
1180 Economic Opportunity eJ{ecutive director and by an authorized
1181 officer of the qualified target industry business within 120
1182 days after the issuance of the letter of certification under
1183 subsection (4), but not before passage and receipt of the
1184 resolution of local financial support. The department may grant
1185 an extension of this period at the written request of the
1186 qualified target industry business.
1187 (8) SPECIAL INCENTIVES.-If the department determines it is
1188 in the best interest of the public for reasons of facilitating
1189 economic development, growth, or new employment opportunities
1190 within a Disproportionally Affected County, the department may,
1191 between July 1, 2011, and June 30, 2014, waive any or all wage
1192 or local financial support eligibility requirements and allow a
1193 qualified target industry business from another state which
1194 relocates all or a portion of its business to a
1195 Disproportionally Affected County to receive a tax refund
1196 payment of up to $6,000 multiplied by the number of jobs
1197 specified in the tax refund agreement under subparagraph
1198 ( 5) (a) 1. over the term of the agreement. Before Prior to
1199 granting such waiver, the Secretary of Economic Opportunity
1200 executive director of the department shall file with the

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1201 Governor a written statement of the conditions and circumstances
1202 constituting the reason for the waiver. Such business shall be
1203 eligible for the additional tax refund payments specified in
1204 subparagraph (3) (b) 4. if it meets the criteria. As used in this
1205 section, the term "Disproportionally Affected County" means Bay
1206 County, Escambia County, Franklin County, Gulf County, Okaloosa
1207 County, Santa Rosa County, Walton County, or Wakulla County.
1208 Section 23. Subsection (5) of section 288.1089, Florida
1209 Statutes, is amended to read:
1210 288.1089 Innovation Incentive Program.-
1211 (5) The department shall review proposals pursuant to s.
1212 288.061 for all three categories of innovation incentive awards.
1213 Before making a recommendation to the Secretary of Economic
1214 Opportunity executive director, the department shall solicit
1215 comments and recommendations from the Department of Agriculture
1216 and Consumer Services. For each project, the evaluation and
1217 recommendation to the department must include, but need not be
1218 limited to:
1219 (a) A description of the project, its required facilities,
1220 and the associated product, service, or research and development
1221 associated with the project.
1222 (b) The percentage of match provided for the project.
1223 ( c) The number of full-time equivalent jobs that will be
1224 created by the project, the total estimated average annual wages
1225 of such jobs, and the types of business activities and jobs

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1226 likely to be stimulated by the project.
1227 (d) The cumulative investment to be dedicated to the
1228 project within 5 years and the total investment expected in the
1229 project if more than 5 years.
1230 (e) The projected economic and fiscal impacts on the local
1231 and state economies relative to investment.
1232 (f) A statement of any special impacts the project is
1233 expected to stimulate in a particular business sector in the
1234 state or regional economy or in the state's universities and
1235 community colleges.
1236 (g) A statement of any anticipated or proposed
1237 relationships with state universities.
1238 (h) A statement of the role the incentive is expected to
1239 play in the decision of the applicant to locate or expand in
1240 this state.
1241 (i) A recommendation and explanation of the amount of the
1242 award needed to cause the applicant to expand or locate in this
1243 state.
1244 (j) A discussion of the efforts and commitments made by
1245 the local community in which the project is to be located to
1246 induce the applicant's location or expansion, taking into
1247 consideration local resources and abilities.
1248 (k) A recommendation for specific performance criteria the
1249 applicant would be expected to achieve in order to receive
1250 payments from the fund and penalties or sanctions for failure to

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1251 meet or maintain performance conditions.
1252 (1) Additional evaluative criteria for a research and
1253 development facility project, including:
1254 1. A description of the extent to which the project has
1255 the potential to serve as catalyst for an emerging or evolving
1256 cluster.
1257 2. A description of the extent to which the project has or
1258 could have a long-term collaborative research and development
1259 relationship with one or more universities or community colleges
1260 in this state.
1261 3. A description of the existing or projected impact of
12 62 the project on established clusters or targeted industry
1263 sectors.
1264 4. A description of the project's contribution to the
1265 diversity and resiliency of the innovation economy of this
1266 state.
12 67 5. A description of the project's impact on special needs
12 68 communities, including, but not limited to, rural areas,
1269 distressed urban areas, and enterprise zones.
1270 (m) Additional evaluative criteria for alternative and
1271 renewable energy proposals, including:
1272 1. The availability of matching funds or other in-kind
1273 contributions applied to the total project from an applicant.
1274 The Department of Agriculture and Consumer Services shall give
1275 greater preference to projects that provide such matching funds

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1276 or other in-kind contributions.
1277 2. The degree to which the project stimulates in-state
1278 capital investment and economic development in metropolitan and
1279 rural areas, including the creation of jobs and the future
1280 development of a commercial market for renewable energy
1281 technologies.
1282 3. The extent to which the proposed project has been
1283 demonstrated to be technically feasible based on pilot project
1284 demonstrations, laboratory testing, scientific modeling, or
1285 engineering or chemical theory that supports the proposal.
1286 4. The degree to which the project incorporates an
1287 innovative new technology or an innovative application of an
1288 existing technology.
1289 5. The degree to which a project generates thermal,
1290 mechanical, or electrical energy by means of a renewable energy
1291 resource that has substantial long-term production potential.
12 92 6. The degree to which a project demonstrates efficient
1293 use of energy and material resources.
1294 7. The degree to which the project fosters overall
1295 understanding and appreciation of renewable energy technologies.
1296 8. The ability to administer a complete project.
1297 9. Project duration and timeline for expenditures.
1298 10. The geographic area in which the project is to be
1299 conducted in relation to other projects.
1300 11. The degree of public visibility and interaction.

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1301 Section 24. Paragraph (b) of subsection (1) of section
1302 288.1251, Florida Statutes, is amended to read:
1303 288.1251 Promotion and development of entertainment
1304 industry; Office of Film and Entertainment; creation; purpose;
1305 powers and duties.-
1306 (1) CREATION.-
1307 (b) The department shall conduct a national search for a
1308 qualified person to fill the position of Commissioner of Film
1309 and Entertainment when the position is vacant. The Secretary of
1310 Economic Opportunity executive director of the department has
1311 the responsibility to hire the film commissioner. Qualifications
1312 for the film commissioner include, but are not limited to, the
1313 following:
1314 1. A working knowledge of the equipment, personnel,
1315 financial, and day-to-day production operations of the
1316 industries to be served by the Office of Film and Entertainment;
1317 2. Marketing and promotion experience related to the film
1318 and entertainment industries to be served;
1319 3. Experience working with a variety of individuals
1320 representing large and small entertainment-related businesses,
1321 industry associations, local corrununity entertainment industry
1322 liaisons, and labor organizations; and
1323 4. Experience working with a variety of state and local
1324 governmental agencies.
1325 Section 25. Subsection (8) of section 288.8014, Florida

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1326 Statutes, is amended to read:
1327 288.8014 Triumph Gulf Coast, Inc.; organization; board of
1328 directors.-
1329 (8) The Secretary executive director of the Department of
1330 Economic Opportunity, or his or her designee, the secretary of
1331 the Department of Environmental Protection, or his or her
1332 designee, and the chair of the Committee of 8 Disproportionally
1333 Affected Counties, or his or her designee, shall be available to
1334 consult with the board of directors and may be requested to
1335 attend meetings of the board of directors. These individuals
1336 shall not be permitted to vote on any matter before the board.
1337 Section 26. Paragraph (a) of subsection (4) of section
1338 288.955, Florida Statutes, is amended to read:
1339 288.955 Scripps Florida Funding Corporation.-
1340 (4) BOARD; MEMBERSHIP.-The corporation shall be governed
1341 by a board of directors.
1342 (a) The board of directors shall consist of nine voting
1343 members, of whom the Governor shall appoint three, the President
1344 of the Senate shall appoint three, and the Speaker of the House
1345 of Representatives shall appoint three. The Secretary of
1346 Economic Opportunity executive director of the department or the
1347 secret a r y's director's designee shall serve as an ex-officio,
1348 nonvoting member of the board of directors.
1349 Section 27. Subsection (2) of section 288.9604, Florida
1350 Statutes, is amended to read:

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1351 288.9604 Creation of the corporation.-
1352 (2) The board of directors of the corporation shall
1353 consist of seven directors. The Secretary of Economic
1354 Opportunity executive director of the d e partment, or his or her
1355 designee, shall serve as chair of the board of directors of the
1356 corporation. The director of the Division of Bond Finance of the
1357 State Board of Administration, or his or her designee, shall
1358 serve as a director on the board of directors of the
1359 corporation. The Governor, subject to confirmation by the
1360 Senate, shall appoint the remaining five directors of the board
1361 of directors of the corporation. The terms of office for the
1362 appointed directors are for 4 years after the date of their
1363 appointment. A vacancy occurring during a term of an appointed
1364 director shall be filled for the unexpired term. An appointed
1365 director is eligible for reappointment. At least three of the
1366 appointed directors of the corporation must have experience in
1367 finance, and one of the directors must have experience in
1368 economic development.
1369 Section 28. Subsection (5) of section 288.987, Florida
1370 Statutes, is amended to read:
1371 288.987 Florida Defense Support Task Force.-
1372 (5) The Secretary eMecutivc director of the Department of
1373 Economic Opportunity, or his or her designee, shall serve as the
1374 ex officio, nonvoting executive director of the task force.
1375 Section 29. Paragraph (a) of subsection (6) of section

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1376 290.0065, Florida Statutes, is amended to read:
1377 290.0065 State designation of enterprise zones.-
1378 (6) (a) The department may develop guidelines necessary for
1379 the approval of areas under this section by the Secretary of
1380 Economic Opportunity executive director.
1381 Section 30. Subsection (1) of section 311.09, Florida
1382 Statutes, is amended to read:
1383 311.09 Florida Seaport Transportation and Economic
1384 Development Council.-
1385 (1) The Florida Seaport Transportation and Economic
1386 Development Council is created within the Department of
1387 Transportation. The council consists of the following 17
1388 members: the port director, or the port director's designee, of
1389 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
1390 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
1391 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
1392 West, and Fernandina; the secretary of the Department of
1393 Transportation or his or her designee; and the secretary
1394 director of the Department of Economic Opportunity or his or her
1395 designee.
1396 Section 31. Paragraph (b) of subsection (1) of section
1397 311.105, Florida Statutes, is amended to read:
1398 311.105 Florida Seaport Environmental Management
1399 Conunittee; permitting; mitigation.-
1400 ( 1)

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1401 (b) The committee shall consist of the following members:
1402 the Secretary of Environmental Protection, or his or her
1403 designee, as an ex officio, nonvoting member; a designee from
1404 the United States Army Corps of Engineers, as an ex officio,
1405 nonvoting member; a designee from the Florida Inland Navigation
1406 District, as an ex officio, nonvoting member; the Secretary
1407 executive director of the Department of Economic Opportunity, or
1408 his or her designee, as an ex officio, nonvoting member; and
1409 five or more port directors, as voting members, appointed to the
1410 committee by the council chair, who shall also designate one
1411 such member as committee chair.
1412 Section 32. Subsection (3) of section 334.065, Florida
1413 Statutes, is amended to read:
1414 334.065 Center for Urban Transportation Research.-
1415 (3) An advisory board shall be created to periodically and
1416 objectively review and advise the center concerning its research
1417 program. Except for projects mandated by law, state-funded base
1418 projects shall not be undertaken without approval of the
1419 advisory board. The membership of the board shall consist of
1420 nine experts in transportation-related areas, including the
1421 secretaries of the Department Florida Departments of
1422 Transportation, the Department of afl€i Environmental Protection,
1423 and the executive director of the Department of Economic
1424 Opportunity, or their designees, and a member of the Florida
1425 Transportation Commission. The nomination of the remaining

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1426 members of the board shall be made to the President of the
1427 University of South Florida by the College of Engineering at the
1428 University of South Florida, and the appointment of these
1429 members must be reviewed and approved by the Florida
1430 Transportation Commission and confirmed by the Board of
1431 Governors.
1432 Section 33. Subsection (5) of section 373.4149, Florida
1433 Statutes, is amended to read:
1434 373.4149 Miami-Dade County Lake Belt Plan.-
1435 (5) The secretary of the Department of Environmental
1436 Protection, the secretary executive director of the Department
1437 of Economic Opportunity, the secretary of the Department of
1438 Transportation, the Commissioner of Agriculture, the executive
1439 director of the Fish and Wildlife Conservation Commission, and
1440 the executive director of the South Florida Water Management
1441 District may enter into agreements with landowners, developers,
1442 businesses, industries, individuals, and governmental agencies
1443 as necessary to effectuate the Miami-Dade County Lake Belt Plan
1444 and the provisions of this section.
1445 Section 34. Subsection (2) of section 380.045, Florida
1446 Statutes, is amended to read:
1447 380.045 Resource planning and management committees;
1448 objectives; procedures.-
1449 (2) The committee must shall include, but is shall not be
1450 limited to, representation from each of the following: elected

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1451 officials from the local governments within the area under
1452 study; the planning office of each of the local governments
1453 within the area under study; the state land planning agency; any
1454 other state agency under chapter 20 a representative of which
1455 the Governor feels is relevant to the compilation of the
1456 committee; and a water management district, if appropriate, and
1457 regional planning council all or part of whose jurisdiction lies
1458 within the area under study. After the appointment of the
1459 members, the Governor shall select a chair and vice chair. A
1460 staff member of the state land planning agency shall be
1461 appointed by the secretary director of such agency to serve as
14 62 the secretary of the committee. The state land planning agency
1463 shall, to the greatest extent possible, provide technical
1464 assistance and administrative support to the committee. Meetings
1465 will be called as needed by the chair or on the demand of three
1466 or more members of the committee. The committee will act on a
1467 simple majority of a quorum present and shall make a report
1468 within 6 months to the head of the state land planning agency.
1469 The committee must shall, from the time of appointment, remain
1470 in existence for no less than 6 months.
1471 Section 35. Subsection (5) of section 403.0752, Florida
1472 Statutes, is amended to read:
1473 403.0752 Ecosystem management agreements.-
1474 (5) The Secretary Executive Director of the Departffient of
1475 Economic Opportunity, the Secretary of Transportation, the

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1476 Commissioner of Agriculture, the Executive Director of the Fish
1477 and Wildlife Conservation Commission, and the executive
1478 directors of the water management districts are authorized to
1479 participate in the development of ecosystem management
1480 agreements with regulated entities and other governmental
1481 agencies as necessary to effectuate the provisions of this
1482 section. Local governments are encouraged to participate in
1483 ecosystem management agreements.
1484 Section 36. Subsection (1) of section 420.0005, Florida
1485 Statutes, is amended to read:
1486 420.0005 State Housing Trust Fund; State Housing Fund.-
1487 (1) There is established in the State Treasury a separate
1488 trust fund to be named the "State Housing Trust Fund." There
1489 shall be deposited in the fund all moneys appropriated by the
1490 Legislature, or moneys received from any other source, for the
1491 purpose of this chapter, and all proceeds derived from the use
1492 of such moneys. The fund shall be administered by the Florida
1493 Housing Finance Corporation on behalf of the department, as
1494 specified in this chapter. Money deposited to the fund and
1495 appropriated by the Legislature must, notwithstanding the
1496 provisions of chapter 216 ors. 420.504(3), be transferred
1497 quarterly in advance, to the extent available, or, if not so
1498 available, as soon as received into the State Housing Trust
1499 Fund, and subject to the provisions of s. 420.5092(6) (a) and (b)
1500 by the Chief Financial Officer to the corporation upon

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1501 certification by the Secretary executive director of the
1502 Department of Economic Opportunity that the corporation is in
1503 compliance with the requirements of s. 420.0006. The
1504 certification made by the secretary executive director shall
1505 also include the split of funds among programs administered by
1506 the corporation and the department as specified in chapter 92-
1507 317, Laws of Florida, as amended. Moneys advanced by the Chief
1508 Financial Officer must be deposited by the corporation into a
1509 separate fund established with a qualified public depository
1510 meeting the requirements of chapter 280 to be named the "State
1511 Housing Fund" and used for the purposes of this chapter.
1512 Administrative and personnel costs incurred in implementing this
1513 chapter may be paid from the State Housing Fund, but such costs
1514 may not exceed 5 percent of the moneys deposited into such fund.
1515 To the State Housing Fund shall be credited all loan repayments,
1516 penalties, and other fees and charges accruing to such fund
1517 under this chapter. It is the intent of this chapter that all
1518 loan repayments, penalties, and other fees and charges collected
1519 be credited in full to the program account from which the loan
1520 originated. Moneys in the State Housing Fund which are not
1521 currently needed for the purposes of this chapter shall be
1522 invested in such manner as is provided for by statute. The
1523 interest received on any such investment shall be credited to
1524 the State Housing Fund.
1525 Section 37. Section 420.0006, Florida Statutes, is amended

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1526 to read:
1527 420.0006 Authority to contract with corporation; contract
1528 requirements; nonperformance.-The Secretary executive director
1529 of Economic Opportunity the department shall contract,
1530 notwithstanding part I of chapter 287, with the Florida Housing
1531 Finance Corporation on a multiyear basis to stimulate, provide,
1532 and foster affordable housing in the state. The contract must
1533 incorporate the performance measures required bys. 420.511 and
1534 be consistent with the corporation's strategic business plan
1535 prepared in accordance withs. 420.511. The contract must
1536 provide that if the corporation fails to comply with a
1537 performance measure required bys. 420.511, the secretary
1538 executive director shall notify the Governor and refer the
1539 nonperformance to the department's inspector general for review
1540 and determination as to whether such failure is due to forces
1541 beyond the corporation's control or whether such failure is due
1542 to inadequate management of the corporation's resources.
1543 Advances shall continue to be made pursuant to s. 420.0005
1544 during the pendency of the review. If such failure is due to
1545 outside forces, it may not be deemed a violation of the
1546 contract. If such failure is due to inadequate management, the
1547 department's inspector general shall provide recommendations
1548 regarding solutions. The Governor may resolve differences of
1549 opinion with respect to performance under the contract and may
1550 request that advances continue in the event of a failure under

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1551 the contract due to inadequate management. The Chief Financial
1552 Officer shall approve the request absent a finding by the Chief
1553 Financial Officer that continuing such advances would adversely
1554 impact the state; however, the Chief Financial Officer shall
1555 provide advances sufficient to meet the debt service
1556 requirements of the corporation and sufficient to fund contracts
1557 committing funds from the State Housing Trust Fund if such
1558 contracts are in accordance with the laws of this state.
1559 Section 38. Paragraph (d) of subsection (1) of section
1560 420.101, Florida Statutes, is amended to read:
1561 420.101 Housing Development Corporation of Florida;
1562 creation, membership, and purposes.-
1563 (1) Twenty-five or more persons, a majority of whom shall
1564 be residents of this state, who may desire to create a housing
1565 development corporation under the provisions of this part for
1566 the purpose of promoting and developing housing and advancing
1567 the prosperity and economic welfare of the state and, to that
1568 end, to exercise the powers and privileges hereinafter provided,
1569 may be incorporated by filing in the Department of State, as
1570 hereinafter provided, articles of incorporation. The articles of
1571 incorporation shall contain:
1572 (d) The names and post office addresses of the members of
1573 the first board of directors. The first board of directors shall
1574 be elected by and from the stockholders of the corporation and
1575 shall consist of 21 members. However, five of such members shall

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1576 consist of the following persons, who shall be nonvoting
1577 members: the Secretary executive director of the Department of
1578 Economic Opportunity or her or his designee; the head of the
1579 Department of Financial Services or her or his designee with
1580 expertise in banking matters; a designee of the head of the
1581 Department of Financial Services with expertise in insurance
1582 matters; one state senator appointed by the President of the
1583 Senate; and one representative appointed by the Speaker of the
1584 House of Representatives.
1585 Section 39. Subsection (8) of section 420.503, Florida
1586 Statutes, is amended to read:
1587 420.503 Definitions.-As used in this part, the term:
1588 (8) "Contract" means the contract between the Secretary
1589 executive director of Economic Opportunity the department and
1590 the corporation for provision of housing services referenced in
1591 s. 420.0006.
1592 Section 40. Subsections (1) and (3) of section 420.504,
1593 Florida Statutes, are amended to read:
1594 420.504 Public corporation; creation, membership, terms,
1595 expenses.-
1596 (1) A public corporation and a public body corporate and
1597 politic, to be known as the "Florida Housing Finance
1598 Corporation," is created within the Department of Economic
1599 Opportunity. It is declared to be the intent of and
1600 constitutional construction by the Legislature that the Florida

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1601 Housing Finance Corporation constitutes an entrepreneurial
1602 public corporation organized to provide and promote the public
1603 welfare by administering the governmental function of financing
1604 or refinancing housing and related facilities in this state and
1605 that the corporation is not a department of the executive branch
1606 of state government within the scope and meaning of s. 6, Art.
1607 IV of the State Constitution, but is functionally related to the
1608 Department of Economic Opportunity in which it is placed. The
1609 executive function of state government to be performed by the
1610 Secretary executive director of the Department of Economic
1611 Opportunity in the conduct of the business of the Florida
1612 Housing Finance Corporation must be performed pursuant to a
1613 contract to monitor and set performance standards for the
1614 implementation of the business plan for the provision of housing
1615 approved for the corporation as provided ins. 420.0006. This
1616 contract must include performance standards for the provision of
1617 affordable housing in this state established in the strategic
1618 business plan described ins. 420.511.
1619 (3) The corporation is a separate budget entity and is not
1620 subject to control, supervision, or direction by the Department
1621 of Economic Opportunity in any manner, including, but not
1622 limited to, personnel, purchasing, transactions involving real
1623 or personal property, and budgetary matters. The corporation
1624 shall consist of a board of directors composed of the Secretary
1625 C}{Ceutive director of the Departw,ent of Economic Opportunity as

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1626 an ex officio and voting member, or a senior-level agency
1627 employee designated by the secretary director, and eight members
1628 appointed by the Governor subject to confirmation by the Senate
1629 from the following:
1630 (a) One citizen actively engaged in the residential home
1631 building industry.
1632 (b) One citizen actively engaged in the banking or
1633 mortgage banking industry.
1634 (c) One citizen who is a representative of those areas of
1635 labor engaged in home building.
1636 (d) One citizen with experience in housing development who
1637 is an advocate for low-income persons.
1638 (e) One citizen actively engaged in the commercial
1639 building industry.
1640 (f) One citizen who is a former local government elected
1641 official.
1642 (g) Two citizens of the state who are not principally
1643 employed as members or representatives of any of the groups
1644 specified in paragraphs (a)-(f).
1645 Section 41. Subsection (1) of section 420.506, Florida
1646 Statutes, is amended to read:
1647 420.506 Executive director; agents and employees;
1648 inspector general.-
1649 (1) The appointment and removal of an executive director
1650 shall be by the Secretary executive director of the Department

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1651 of Economic Opportunity, with the advice and consent of the
1652 corporation's board of directors. The executive director shall
1653 employ legal and technical experts and such other agents and
1654 employees, permanent and temporary, as the corporation may
1655 require, and shall communicate with and provide information to
1656 the Legislature with respect to the corporation's activities.
1657 Notwithstanding s. 216.262, the board may develop and implement
1658 rules regarding the employment of employees of the corporation
1659 and service providers, including legal counsel. The board is
1660 entitled to establish travel procedures and guidelines for
1661 employees of the corporation, subject to s. 112.061(6) and (7).
1662 The executive director's office and the corporation's files and
1663 records must be located in Leon County.
1664 Section 42. Subsection (30) of section 420.507, Florida
1665 Statutes, is amended to read:
1666 420.507 Powers of the corporation.-The corporation shall
1667 have all the powers necessary or convenient to carry out and
1668 effectuate the purposes and provisions of this part, including
1669 the following powers which are in addition to all other powers
1670 granted by other provisions of this part:
1671 (30) To prepare and submit to the Secretary executive
1672 director of Economic Opportunity the department a budget request
1673 for purposes of the corporation, which request shall,
1674 notwithstanding the provisions of chapter 216 and in accordance
1675 withs. 216.351, contain a request for operational expenditures

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1676 and separate requests for other authorized corporation programs.
1677 The request need not contain information on the number of
1678 employees, salaries, or any classification thereof, and the
1679 approved operating budget therefor need not comply withs.
1680 216.181(8)-(10). The secretary executive director may include
1681 within the department's budget request the corporation's budget
1682 request in the form as authorized by this section.
1683 Section 43. Subsection (2) of section 420.511, Florida
1684 Statutes, is amended to read:
1685 420.511 Strategic business plan; long-range program plan;
1686 annual report; audited financial statements.-
1687 (2) The corporation, in coordination with the department,
1688 shall annually develop a long-range program plan for the
1689 provision of affordable housing in this state as required
1690 pursuant to chapter 186. In part, the plan must include
1691 provisions that maximize the abilities of the corporation to
1692 implement the state housing strategy established under s.
1693 420.0003, to respond to federal housing initiatives, and to
1694 develop programs in a manner that is more responsive to the
1695 needs of public and private partners. The plan shall be
1696 developed on a schedule consistent with that established bys.
1697 186.021. For purposes of this section, the Secretary of Economic
1698 Opportunity executive director or his or her designee shall
1699 serve as the corporation's representative to achieve a
1700 coordinated and integrated planning relationship with the

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1701 department.
1702 Section 44. Subsection (7) of section 420.602, Florida
1703 Statutes, is amended to read:
1704 420.602 Definitions.-As used in this part, the following
1705 terms shall have the following meanings, unless the context
1706 otherwise requires:
1707 ( 7) "Director" means the cnccutivc director of the
1708 Department of Economic Opportunity .
1709 Section 45. Subsection (5) of section 420.609, Florida
1710 Statutes, is amended to read:
1711 420.609 Affordable Housing Study Commission.-Because the
1712 Legislature firmly supports affordable housing in Florida for
1713 all economic classes:
1714 (5) The commission shall review, evaluate, and make
1715 recommendations regarding existing and proposed housing programs
1716 and initiatives. The commission shall provide these and any
1717 other housing recommendations to the Secretary director of
1718 Economic Opportunity the department and the executive director
1719 of the corporation.
1720 Section 46. Subsection (2) of section 420.622, Florida
1721 Statutes, is amended to read:
1722 420.622 State Office on Homelessness; Council on
1723 Homelessness.-
1724 (2) The Council on Homelessness is created to consist of
1725 19 representatives of public and private agencies who shall

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1726 develop policy and advise the State Office on Homelessness. The
1727 council members shall be: the Secretary of Children and
1728 Families, or his or her designee; the Secretary executive
1729 d i rector of the Department of Economic Opportunity, or his or
1730 her designee, who shall advise the council on issues related to
1731 rural development; the State Surgeon General, or his or her
1732 designee; the Executive Director of Veterans' Affairs, or his or
1733 her designee; the Secretary of Corrections, or his or her
1734 designee; the Secretary of Health Care Administration, or his or
1735 her designee; the Commissioner of Education, or his or her
1736 designee; the Executive Director of CareerSource Florida, Inc.,
1737 or his or her designee; one representative of the Florida
1738 Association of Counties; one representative of the Florida
1739 League of Cities; one representative of the Florida Supportive
1740 Housing Coalition; one representative of the Florida Housing
1741 Coalition; the Executive Director of the Florida Housing Finance
1742 Corporation, or his or her designee; one representative of the
1743 Florida Coalition for the Homeless; the secretary of the
1744 Department of Elder Affairs, or his or her designee; and four
1745 members appointed by the Governor. The council members shall be
1746 nonpaid volunteers and shall be reimbursed only for travel
1747 expenses. The appointed members of the council shall be
1748 appointed to staggered 2-year terms and are encouraged to have
1749 experience in the administration or provision of resources,
1750 services, or housing that addresses the needs of persons

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1751 experiencing homelessness. The council shall meet at least four
1752 times per year. The importance of minority, gender, and
1753 geographic representation shall be considered in appointing
1754 members to the council.
1755 Section 47. Paragraph (g) of subsection (1) of section
1756 427.012, Florida Statutes, is amended to read:
1757 427.012 The Commission for the Transportation
1758 Disadvantaged.-There is created the Commission for the
1759 Transportation Disadvantaged in the Department of
1760 Transportation.
1761 (1) The commission shall consist of seven members, all of
1762 whom shall be appointed by the Governor, in accordance with the
1763 requirements of s. 20.052.
1764 (g) The Secretary of Transportation, the Secretary of
1765 Children and Families, the Secretary e}ceeutive director of the
1766 Department of Economic Opportunity, the executive director of
1767 the Department of Veterans' Affairs, the Secretary of Elderly
1768 Affairs, the Secretary of Health Care Administration, the
1769 director of the Agency for Persons with Disabilities, and a
1770 county manager or administrator who is appointed by the
1771 Governor, or a senior management level representative of each,
1772 shall serve as ex officio, nonvoting advisors to the commission.
1773 Section 4 8. Subsections ( 2) , ( 3) , and ( 4) of section
1774 443.1116, Florida Statutes, are amended to read:
1775 443.1116 Short-time compensation.-

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1776 (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.-An employer
1777 wishing to participate in the short-time compensation program
1778 must submit a signed, written, short-time plan to the Department
1779 of Economic Opportunity for approval. The Secretary of Economic
1780 Opportunity director or his or her designee shall approve the
1781 plan if:
1782 (a) The plan applies to and identifies each specific
1783 affected unit;
1784 (b) The individuals in the affected unit are identified by
1785 name and social security number;
1786 (c) The normal weekly hours of work for individuals in the
1787 affected unit are reduced by at least 10 percent and by not more
1788 than 40 percent;
1789 (d) The plan includes a certified statement by the
1790 employer that the aggregate reduction in work hours is in lieu
1791 of layoffs that would affect at least 10 percent of the
1792 employees in the affected unit and that would have resulted in
1793 an equivalent reduction in work hours;
1794 (e) The plan applies to at least 10 percent of the
1795 employees in the affected unit;
1796 (f) The plan is approved in writing by the collective
1797 bargaining agent for each collective bargaining agreement
1798 covering any individual in the affected unit;
1799 (g) The plan does not serve as a subsidy to seasonal
1800 employers during the off-season or as a subsidy to employers who

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1801 traditionally use part-time employees;
1802 (h) The plan certifies that, if the employer provides
1803 fringe benefits to any employee whose workweek is reduced under
1804 the program, the fringe benefits will continue to be provided to
1805 the employee participating in the short-time compensation
1806 program under the same terms and conditions as though the
1807 workweek of such employee had not been reduced or to the same
1808 extent as other employees not participating in the short-time
1809 compensation program. As used in this paragraph, the term
1810 "fringe benefits" includes, but is not limited to, health
1811 insurance, retirement benefits under defined benefit pension
1812 plans as defined in subsection 35 of s. 1002 of the Employee
1813 Retirement Income Security Act of 1974, 29 U.S.C., contributions
1814 under a defined contribution plan as defined ins. 414(i) of the
1815 Internal Revenue Code, paid vacation and holidays, and sick
1816 leave;
1817 ( i) The plan describes the manner in which the
1818 requirements of this subsection will be implemented, including a
1819 plan for giving notice, if feasible, to an employee whose
1820 workweek is to be reduced, together with an estimate of the
1821 number of layoffs that would have occurred absent the ability to
1822 participate in short-time compensation; and
1823 (j) The terms of the employer's written plan and
1824 implementation are consistent with employer obligations under
1825 applicable federal laws and laws of this state.

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1826 (3) APPROVAL OR DISAPPROVAL OF THE PLAN.-The Secretary of
1827 Economic Opportunity director or his or her designee shall
18 2 8 approve or disapprove a short-time compensation plan in writing
1829 within 15 days after its receipt. If the plan is denied, the
1830 secretary director or his or her designee shall notify the
1831 employer of the reasons for disapproval.
1832 (4) BEGINNING AND TERMINATION OF SHORT-TIME COMPENSATION
1833 BENEFIT PERIOD.-A plan takes effect on the date of its approval
1834 by the Secretary of Economic Opportunity director or his or her
1835 designee and expires at the end of the 12th full calendar month
1836 after its effective date.
1837 Section 49. Paragraph (d) of subsection (2) of section
1838 446.53, Florida Statutes, is amended to read:
1839 446.53 Concrete masonry education.-
1840 (2)

1841 (d) In addition to the 13 voting members described in
1842 paragraph (a), the Secret ar y executive director of the
1843 Department of Economic Opportunity, or his or her designee,
1844 shall serve ex officio as a nonvoting member of the board of
1845 directors of the council.
1846 Section 50. Section 450.261, Florida Statutes, is amended
1847 to read:
1848 450.261 Interstate Migrant Labor Commission; Florida
1849 membership.-In select i ng the Florida membership of the
1850 Interstate Migrant Labor Commission, the Governor may designate

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1851 the Secretary executi-v'C director of the Department of Economic
1852 Opportunity as his or her representative.
1853 Section 51. Paragraph (d) of subsection (1), paragraph (a)
1854 of subsection ( 4) , and paragraphs (b) , ( c) , and ( d) of
1855 subsection (5) of section 624.5105, Florida Statutes, are
1856 amended to read:
1857 624.5105 Community contribution tax credit; authorization;
1858 limitations; eligibility and application requirements;
1859 administration; definitions; expiration.-
1860 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-
1861 (d) Each proposal for the granting of such tax credit
1862 requires the prior approval of the Secretary of Economic
1863 Opportunity director.
1864 (4) ADMINISTRATION.-
1865 (a)l. The Department of Economic Opportunity may adopt
1866 rules to administer this section, including rules for the
1867 approval or disapproval of proposals by insurers.
1868 2. The decision of the Secretary of Economic Opportunity
1869 director shall be in writing, and, if approved, the proposal
1870 shall state the maximum credit allowable to the insurer. A copy
1871 of the decision shall be transmitted to the executive director
1872 of the Department of Revenue, who shall apply such credit to the
1873 tax liability of the insurer.
1874 3. The Department of Economic Opportunity shall monitor
1875 all projects periodically, in a manner consistent with available

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1876 resources to ensure that resources are utilized in accordance
1877 with this section; however, each project shall be reviewed no
1878 less frequently than once every 2 years.
1879 4. The Department of Economic Opportunity shall, in
1880 consultation with the Florida Housing Finance Corporation and
1881 the statewide and regional housing and financial intermediaries,
1882 market the availability of the community contribution tax credit
1883 program to community-based organizations.
1884 (5) DEFINITIONS.-As used in this section, the term:
1885 (b) "Director " means the director of the Dcpart.Jacnt of
1886 Economic Opportunity .
1887 (b)-fe+- "Local government" means any county or incorporated
1888 municipality in the state.
1889 kl_-fat "Project" means an activity as defined ins.
1890 220. 03 (1) (t)
1891 Section 52. Paragraph (f) of subsection (2) of section
1892 1004.015, Florida Statutes, is amended to read:
1893 1004.015 Florida Talent Development Council.-
1894 (2) Members of the council shall include:
1895 ( f) The Secretary cJceeutive director of the Department of
1896 Economic Opportunity.
1897 Section 53. This act shall take effect upon becoming a
1898 law.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 1463 by Rep. LaMarca
DEPARTMENT OF ECONOMIC OPPORTUNITY

AMENDMENT SUMMARY
April 1, 2021

Amendment 1 by Rep. LaMarca (lines 569-730):
Provides clarifying language and specifies certain reporting requirements relating to the implementation and
oversight of the Reemployment Assistance Claims and Benefits Information (CONNECT) system.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1463 (2021)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 569-730 and insert:
7 (1) The Department of Economic Opportunity shall implement
8 an integrated, modular system hosted in a cloud service, as
9 defined in s. 282.0041(5), that provides for rapid provisioning
10 of additional data processing when necessary. The system shall
11 support the efficient distribution of benefits and the effective
12 operation and management of the reemployment assistance program.
13 To The extent that funds are appropriated for each phase of the
14 Reemployment Assistance Claims and Benefits Information system
15 may be cited by the Legislature, the Department of Economic
16 Opportunity shall replace and enhance the functionality provided
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1463 (2021)
Amendment No. 1

17 in the following systems with an integrated Internet-based
18 system that is known as the "Reemployment Assistance Claims and
19 Benefits Information System" and must:
20 (a) Be accessible through the Internet on both mobile
21 devices and personal computers Claims and benefit mainframe
22 system.
23 (b) Process reemployment assistance claims Florida
24 unemployment Internet direct.
25 (c) Process benefit payments Florida continued claim
26 Internet directory.
27 (d) Process and manage overpayments Call center
28 interactive voice response system.
29 (e) Perform adjudication functions Benefit overpayment
30 screening system.
31 (f) Process appeals and manage appeal hearings Internet
32 and Intranet appeals system.
33 (g) Manage and process employer charging.
34 (2) Wherever cost-effective and operationally feasible,
35 the Reemployment Assistance Claims and Benefits System shall
36 accomplish the following main business objectives:
37 (a) Wherever cost-effective and operationally feasible,
38 Eliminate or automate existing paper processes and enhance any
39 existing automated workflows in order to expedite customer
40 transactions and eliminate redundancy.

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Bill No. HB 1463 (2021)
Amendment No. 1

41 (b) Enable and enhance online, self-service capabilities
42 access to claimant and employer information and federal and
43 state reporting.
44 (c) Integrate benefit payment control with the
45 adjudication program and collection system in order to improve
46 the detection of fraud.
47 (d) Comply with all requirements established in federal
48 and state law for reemployment assistance.
49 (e) Integrate with the Department of Revenue's statewide
50 unified tax system that collects reemployment assistance taxes.
51 (f) Maintain interoperability with other department
52 workforce systems.
53 (3) The scope of the Reemployment Assistance Claims and
54 Benefits Information System does not include any of the
55 following functionalities:
56 (a) Collection of reemployment assistance taxes.
57 (b) General ledger, financial management, or budgeting
58 capabilities.
59 (c) Human resource planning or management capabilities.
60 (4)(a) The Department of Economic Opportunity shall
61 perform an annual review of the system and identify enhancements
62 or modernization efforts that improve the delivery of services
63 to claimants and employers and reporting to state and federal
64 entities. These improvements must include, but need not be
65 limited to:
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Amendment No. 1

66 1. Infrastructure upgrades through cloud services.
67 2. Software improvements.
68 3. Enhanced data analytics and reporting.
69 4. Increased cybersecurity, pursuant to the provisions of
70 s.282.318.
71 (b) The department shall seek input on recommended
72 enhancements from, at a minimum, the following entities:
73 1. The Florida Digital Service within the Department of
74 Management Services.
75 2. The General Tax Administration Program Office within
76 the Department of Revenue.
77 3. The Division of Accounting and Auditing within the
78 Department of Financial Services.
79 (5) By October 1, 2023, and each year thereafter, the
80 Department of Economic Opportunity shall submit a Reemployment
81 Assistance Claims and Benefits Information System report to the
82 Governor, the President of the Senate, and the Speaker of the
83 House of Representatives. The report must, at a minimum,
84 include:
85 (a) A summary of maintenance, enhancement, and
86 modernization efforts over the last fiscal year.
87 (b) A 3-year outlook of recommended enhancements or
88 modernization efforts that includes projected costs and
89 timeframes for completion.

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Bill No. HB 1463 (2021)
Amendment No. 1

90 (6) The Department of Economic Opportunity shall provide
91 monthly project status reports to the chair of the Senate
92 Appropriations Committee, the chair of the House of
93 Representatives Appropriations Committee, the Executive Office
94 of the Governor's Office of Policy and Budget, and the Florida
95 Digital Service. Each status report must include ongoing system
96 maintenance activities and progress made to date for each
97 project milestone, deliverable, and task order, planned and
98 actual completion dates, planned and actual costs incurred, and
99 any current project issues and risks.
100 (7) The Department of Economic Opportunity shall provide
101 project related data to the Florida Digital Service in support
102 of their project oversight responsibilities pursuant to s.
103 282.0051. The project to implement the Reemployment Assistance
104 Claims and Benefits Information System is comprised of the
105 following phases and corresponding implementation timeframes:
106 (a) No later than the end of fiscal year 2009-2010
107 completion of the business re-engineering analysis and
108 documentation of both the detailed system requirements and the
109 overall system architecture.
110 (b) The Reemployment Assistance Claims and Benefits
111 Internet portal that replaces the Florida Unemployment Internet
112 Direct and the Florida Continued Claims Internet Directory
113 systems, the Call Center Interactive Voice Response System, the
114 Benefit Overpayment Screening System, the Internet and Intranet
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Amendment No. 1

115 Appeals System, and the Claims and Benefits Mainframe System
116 shall be deployed to full operational status no later than the
117 end of fiscal year 2013-2014.
118 (5) The Department of Economic Opportunity shall implement
119 the following project governance structure until such time as
120 the project is completed, suspended, or terminated:
121 (a) The project sponsor for the Reemployment Assistance
122 Claims and Benefits Information System project is the
123 department.
124 (b) The project shall be governed by an executive steering
125 committee composed of the following voting members or their
126 designees:
127 1. The executive director of the department.
128 2. The executive director of the Department of Revenue.
129 3. The director of the Division of Workforce Services
130 within the department.
131 4. The program director of the General Tax Administration
132 Program Office within the Department of Revenue.
133 5. The chief information officer of the department.
134 (c) The executive steering committee has the overall
135 responsibility for ensuring that the project meets its primary
136 objectives and is specifically responsible for:
137 1. Providing management direction and support to the
138 project management team.

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Amendment No. 1

139 2. Assessing the project's alignment with the strategic
140 goals of the department for administering the reemployment
141 assistance program.
142 3. Reviewing and approving or disapproving any changes to
143 the project's scope, schedule, and costs.
144 4. Reviewing, approving or disapproving, and determining
145 whether to proceed with any major project deliverables.
146 5. Recommending suspension or termination of the project
147 to the Governor, the President of the Senate, and the Speaker of
148 the House of Representatives if it determines that the primary
149 objectives cannot be achieved.
150 (d) The project management team shall work under the
151 direction of the executive steering committee and shall be
152 minimally comprised of senior managers and stakeholders from the
153 department and the Department of Revenue. The project management
154 team is responsible for:
155 1. Providing daily planning, management, and oversight of
156 the project.
157 2. Submitting an operational work plan and providing
158 quarterly updates to that plan to the executive steering
159 committee. The plan must specify project milestones,
160 deliverables, and expenditures.
161 3. Submitting written monthly project status reports to
162 the executive steering committee which include:
163 a. Planned versus actual project costs;
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Bill No. HB 1463 (2021)
Amendment No. 1

164 b. An assessment of the status of major milestones and
165 deliverables;
166 c. Identification of any issues requiring resolution, the
167 proposed resolution for these issues, and information regarding
168 the status of the resolution;
169 d. Identification of risks that must be managed; and
170 e. Identification of and recommendations regarding
171 necessary changes in the project's scope, schedule, or costs.
172 All recommendations must be reviewed by project stakeholders
173 before submission to the executive steering committee in order
174 to ensure that the recommendations meet required acceptance
175 criteria.
176 Section 11. For the 2021-2022 fiscal year, the Department
177 of Economic Opportunity shall take actions to modernize the
178 Reemployment Assistance Claims and Benefits Information System
179 as provided in the General Appropriations Act.
180
181 -----------------------------------------------------
182 T I T L E A M E N D M E N T
183 Remove lines 41-55 and insert:
184 system hosted in a cloud service, rather than an integrated
185 Internet-based system, for the reemployment assistance program;
186 revising the functions and objectives of the Reemployment
187 Assistance Claims and Benefits Information System; deleting

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1463 (2021)
Amendment No. 1

188 obsolete language; providing reporting requirements; providing
189 applicability; deleting provisions relating
190

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HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS

BILL #: HB 1589 City of Key West, Monroe County
SPONSOR(S): Mooney
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Local Administration & Veterans Affairs · 17 Y, 0 N Darden Miller
Subcommittee

2) Tourism, Infrastructure & Energy Subcommittee Willson fl. I,./ Keating

3) State Affairs Committee

SUMMARY ANALYSIS
Keys Energy Services is a municipal electric utility owned by the City of Key West. Keys Energy Services was
purchased by the City in 1943 and provides power to over 28,000 customers. The utility is governed by the
Utility Board of the City of Key West (Board), a five-member body elected by the qualified electors of the City
and customers of Keys Energy Services who live outside of the municipal boundaries of the City.

The bill revises the special act governing the Board by:
• Modifying election qualification and administration procedures for candidates for the Board;
• Prohibiting the use of the words "Keys Energy Services" or the logo of the Board in any campaign
materials;
• Clarifying the date newly elected members of the Board take office;
• Providing that a member of the Board forfeits his or her office if the member no long resides within the
Utility Board's designated service territory;
• Revising procedures for the purchase of commodities or contractual services under the provisions of
local, state, and federal purchasing contracts without following competitive procurement requirements;
• Requiring any sale, transfer, or other disposition of ownership interest in any utility operated by the
Board to be approved by at least four members of the Board and 65 percent of Monroe County voters
who live in the utility's designated service area voting in a referendum held during a regular municipal
general election.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1589b.TIE.DOCX
DATE: 3/24/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Keys Energy Services is a municipal electric utility owned by the City of Key West. 1 Purchased by the
City in 1943, Keys Energy Services provides power to more than 28,000 customers. Initially providing
electric service in the City of Key West with locally generated power, the utility expanded service to the
Seven-Mile Bridge area in 1953. A transmission line to connect the Keys Energy Services service area
to the mainland was completed in 1987, providing for reduced costs.

Keys Energy Services is controlled by the Utility Board of the City of Key West. 2 The board has the "full,
complete[,] and exclusive power'' to "manage, operate, maintain, control, extend, and extend beyond
the limits of the City of Key West, Florida" the electric power utility owned by the City, as well as a non-
exclusive right to operate other utilities, including cable and telecommunications services. The Board
has the power to exercise eminent domain, but not for providing cable television or telecommunications
services.

The Board consists of five members elected by the qualified electors of the City of Key West and those
customers of Keys Energy Services who live outside the municipal boundaries of the City. 3 Elections
for the Board are non-partisan and members serve four-year terms. 4 Candidates for the Board must
reside in the designated service areas they seek to represent and must pay a fee of $100 to the
Monroe County Supervisor of Elections. 5 Elections for the Board are conducted during the primary
election, with the top two candidates competing in a runoff held during the general election (unless a
candidate receives a majority of the vote during the primary election). 6 Newly elected members of the
Board take office on the day after the canvas of the vote and declaration of the result is complete. The
Board selects one of its members as its chairperson during the Board's organizational meeting. 7

A seat on the Board may become vacant upon the death, resignation, removal from office, or forfeiture
of office by a Board member. 8 A member is considered to have forfeited his or her office if:
• The member lacks any qualification for the office prescribed by law during his or her term of
office;
• The member violates any express prohibition of the special act creating the Board;
• The member is convicted of a crime involving moral turpitude; or
• The member fails to attend three consecutive regular meetings of the Board without being
excused.

1
About Keys, Keys Energy Services, https://www.keysenergy.com/about-keys/ (last accessed Mar. 9, 2021).
2
Ch . 69-1191, s. 1, Laws of Fla.
3 /d.
4
Ch. 69-1191, ss. 2 and 3, Laws of Fla.
5
Ch. 69-1191, s. 2, Laws of Fla.
6 /d.
7
Id.
8
Ch. 69-1191, s. 6, Laws of Fla.
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Purchases of commodities or contractual services made by the utility under the provisions of a local,
state, or federal purchasing contract are exempt from competitive procurement requirements if:
• The terms and conditions of the original contract or approval of a renewal/extension by the
federal, state, or local government or electric cooperative are satisfactory to the Board;
• The contract or renewal was approved within 24 months prior to the proposed purchase of the
commodities or contractual services by the Board;
• The purchasing agent has performed an informal solicitation to determine if the prices in the
original contract are fair and reasonable; and
• The Board authorizes such procurement when the cost of commodities and contractual services
exceeds the amounts established by a resolution adopted by the Board. 9

Effect of Proposed Changes

The bill revises the qualification procedures for candidates for the Board by clarifying that the $100 fee
paid to the Monroe County Supervisor of Elections is a qualifying fee, requiring each candidate to also
pay an "election assessment" of $1, moving the deadline for receipt of these fees from 5 p.m. on the
last day of qualification to noon of that day, and removing the requirement that a candidate for the
Board list his or her occupation in the statement of candidacy.

The bill prohibits candidates from the Board for using the words "Keys Energy Services" or the logo of
the Board in any campaign materials.

The bill removes the ability of a candidate to submit an identifying name where the candidate has the
same or a similar surname to another candidate on the ballot. The bill also removes provisions
concerning the ability of the candidate to appoint poll watchers.

The bill provides that newly elected members to the Board take office at noon of the day after the
certification of the election result. If a candidate is elected during the primary election, the bill provides
that the candidate takes office upon certification of the primary result.

The bill states that a member of the Board forfeits the office if the member fails to reside within either
the City of Key West or in the portion of Monroe County southwest of the northeasternmost end of the
Seven Mile Bridge.

The bill revises the purchase of commodities or contractual services under the provisions of local, state,
and federal purchasing contracts without following competitive procurement requirements. Instead of
requiring a specific time period, the purchase may proceed if the original contract or renewal/extension
was in effect for an acceptable period of the time, as determined by the Board by resolution, before the
proposed purchase of the commodity or service and if the purchasing agent performed an informal
solicitation to determine if the prices under the original contract or renewal/extension are fair and
reasonable.

The bill requires any sale, transfer, or other disposition of any ownership interest in any utility operated
by the Board must be by a resolution approved by at least four of the members of the Board and
approved by 65 percent of Monroe County voters who live in the utility's designated service area voting
in a referendum held during a regular municipal general election.

B. SECTION DIRECTORY:
Section 1: Amends ch. 69-1191, as amended by chs. 2001-297, 2007-286, and 2017-204, relating
to the Utility Board of the City of Key West.

Section 2: Provides that the bill shall take effect upon becoming a law.

9
Ch. 69-1191, s. 13, Laws of Fla.
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DATE: 3/24/2021
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS

A. NOTICE PUBLISHED? Yes [x] No []

IF YES, WHEN? January 20, 2021

WHERE? The Key West Citizen, a daily newspaper of general circulation published in
Monroe County, Florida.

8. REFERENDUM(S) REQUIRED? Yes [] No [x]

IF YES, WHEN?

C. LOCAL BILL CERTIFICATION FILED? Yes [x] No[]

D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No[]

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:
None.

8. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/24/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 1589 2021

1 A bill to be entitled
2 An act relating to the City of Key West, Monroe
3 County; amending ch. 69-1191, Laws of Florida, as
4 amended; revising the sum an elector shall pay to the
5 Supervisor of Elections of Monroe County to qualify to
6 appear on the election ballot; revising the date on
7 which such sum must be deposited; prohibiting a
8 candidate from using certain words or logos on
9 specified campaign materials; clarifying the term of
10 service for board members; removing provisions
11 relating to printing addresses on ballots and the
12 election of watchers and challengers; providing that a
13 member of the board shall forfeit his office if he
14 fails to reside within specified areas; providing that
15 a designee of the City Commission of the City of Key
16 West may be the judge of the election and
17 qualification of the members of the board; revising
18 the time period that the original contract may be
19 exempt from the competitive procurement requirements;
20 providing that the sale, transfer, or other
21 disposition of any ownership interest in the electric
22 utility, or any other utility, owned or operated by
23 the board is effective only by resolution adopted by a
24 specified number of affirmative votes of the board and
25 a specified percentage of certain qualified electors

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26 of Monroe County; making technical changes; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
32 subsections (1) and (3) of section 11, section 12, subsection
33 (9) of section 13, sections 14, 15, 16, 17, 18, 19, 20, 21, 22,
34 23, 24, 25, 26, and 27 of chapter 69-1191, Laws of Florida, as
35 amended by chapters 2001-297, 2007,286, and 2017-204, Laws of
36 Florida, are amended to read:
37 Section 1. RIGHTS OF THE BOARD.-There is hereby created
38 the Utility Board of the City of Key West, Florida, to be
39 composed of five (5) members as particularly hereinafter set
40 forth. Such Utility Board created by this act shall be and is
41 hereby made the successor to the Utility Board of the City of
42 Key West, Florida, heretofore created and existing by and under
43 the provisions of chapter 65-1770, Laws of Florida, Acts of the
44 Legislature Year 1965, and acts amendatory thereto. The full,
45 complete and exclusive power and right to manage, operate,
46 maintain, control, extend, and extend beyond the limits of the
47 City of Key West, Florida, improve, finance and re-finance the
48 electric public utility now owned by the City of Key West,
49 Florida, and the nonexclusive right to build, construct, operate
50 and acquire other public utilities, by purchase, gift, grant,

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51 lease, rental or otherwise, from time to time, from the United
52 States Government, its departments, agencies, bureaus and
53 commissions, and from the State of Florida and any of its
54 political subdivisions, and corporations which are publicly or
55 privately owned or operated, and by the right of eminent domain,
56 shall be carried on by such Utility Board composed of five (5)
57 members, all of whom shall be elected by the qualified electors
58 of Monroe County, Florida, residing within the Utility Board's
59 designated service area at large, as hereinafter set forth.
60 Furthermore, said Utility Board shall have the power and right
61 to sell at retail or wholesale certain tangible personal
62 property related to its utility services, including, but not
63 limited to, generators, protection and conservation equipment,
64 and appliances. The term "public utility," as used herein, shall
65 include, but not be limited to, cable and telecommunication
66 facilities. Nothing herein shall grant the right of eminent
67 domain as to cable or telecommunication facilities. The name of
68 the Utility Board shall be "Utility Board of the City of Key
69 West, Florida," and said board shall function and operate as
70 hereinafter provided. Said Utility Board shall have the right to
71 sue and be sued, may adopt and use a seal and change it at
72 pleasure, and may use in the conduct of its business the trade
73 name of "Keys Energy Services," the use of which heretofore by
74 its predecessor board is approved, confirmed and validated;
75 further, said Utility Board may change such trade name and from

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76 time to time adopt such trade names as it deems expedient and
77 proper in the conduct of its business, operations and
78 activities.
79 Section 2. ELECTION OF UTILITY BOARD MEMBERS.-The election
80 for the nomination or election of candidates for members of the
81 Utility Board of said city held in 2018 shall be concurrent with
82 the election for the office of County Commission of Monroe
83 County, Florida. Such elections shall be non-partisan elections
84 and every person voting in said election shall be entitled to
85 vote for as many candidates for the Utility Board as there are
86 members to be elected to said board. The name of any qualified
87 elector of Monroe County, Florida, residing within the Utility
88 Board's designated service area who meets the qualifications for
89 member of said Utility Board, as set forth in this act, may
90 appear upon the election ballot as a candidate for the office of
91 member of the Utility Board, upon said elector paying to the
92 Supervisor of Elections of Monroe County, Florida, a qualifying
93 fee in the amount 5Bffi of one hundred dollars ($100.00), plus an
94 election assessment in the amount of one dollar ($1.00), and
95 said sums 5Bffi shall be deposited with the supervisor of
96 elections at his or her office not later than 12:00 p.rn . .§-;--G..G.

97 p-.-m-,- on the date set for the closing of qualification by the

98 election officials, for the first election under the provisions
99 of this act, and thereafter on the dates as published by the
100 supervisor of elections biannually of the year in which

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101 subsequent elections under this act are to be held. A qualifying
102 fee for such candidate for such office, and said elector shall
103 submit to the supervisor of elections concurrently therewith the
104 sworn statement of his or her name, address, and occupa tion ,
105 willingness to serve if elected and shall indicate on such sworn
106 statement his or her desire for his or her name to appear on the
107 ballot as a candidate for such office. Provided, however, that
108 any person who holds an elective office in the government of the
109 City of Key West, Florida, County of Monroe, the State of
110 Florida, or any political agency, board or commission and is
111 compensated by wages, salaries or otherwise shall not be
112 eligible to serve concurrently as a member of the board created
113 by this act. Only the name or names of candidates complying with
114 this section shall appear on the ballot as a candidate for
115 nomination or election. No candidate having qualified and
116 thereafter withdrawing or becoming disqualified under the
117 provisions of this act shall be entitled to a refund of the
118 aforesaid qualifying fee or election assessment paid.~
119 candidate for nomination or election shall not , upon or in
120 connection with any campaign materials including, but not
121 limited to, signage, advertisements, or apparel, print or
122 reproduce the words "Keys Energy Services," or the logo of the
123 board, as adopted by the Board at its regular meeting of January
124 9, 2002, and on file in the Board offices and available for
125 inspection, or any likeness of such logo.

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126 Section 3. MEMBERSHIP OF UTILITY BOARD.-The Utility Board
127 shall consist of five (5) members who shall be elected from the
128 citizens of Monroe County, Florida, residing within the Utility
129 Board's designated service territory at large to seats
130 identified as A, B, C, D, or E. All persons desiring to qualify
131 as members shall file in seats identified as A, B, C, D, or E.
132 Candidates for seats A, B, and C must reside within the City of
133 Key West city limits. Candidates for seats D and E must reside
134 in Monroe County, Florida, from Stock Island, excluding the
135 portion of Stock Island within the City of Key West city limits
136 to the northeasternmost end of the Seven Mile Bridge. The
137 members running for seats A, B, and D shall be elected in the
138 regular general election commencing in 2018 for a term of four
139 (4) years and at each regular general election at large by the
140 electors of Monroe County, Florida, residing within the Utility
141 Board's designated service territory every four (4) years
142 thereafter. The members running Current elected Utility Board
143 members serving in Groups II and III shall serv e their current
144 four year terms until the 2020 general election , when candidates
145 for seats C and E shall be elected in the regular general
146 election at large by the electors of Monroe County, Florida,
147 residing within the Utility Board's designated service territory
148 commencing in 2020 for a term of 4 years and at each regular
149 g e neral election four (4) years thereafter. All members shall
150 hold office until their successors are e l ected and qualified

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151 from 12:00 noon of the day after the date of the certification
152 canvas of the vote and the declaration of the result results of
153 the election. All members shall be subject to removal for good
154 and sufficient cause by a four-fifths (4/5) vote of the city
155 commission. If a candidate for member receives a majority of
156 votes in the regular primary election in the candidate's group,
157 the candidate shall be considered elected from 12:00 noon of the
158 day upon and after the date canvas of the certification vote and
159 the declaration of the result of the election as hereinafter
160 provided. In such event, notwithstanding that members are deemed
161 to serve terms of 4 years, the term of the outgoing member whose
162 seat will be held by the incoming member shall be deemed
163 complete as of 12:00 noon of the day after the date of the
164 certification of the primary election result. If there is no
165 majority in the primary election, two (2) candidates for
166 nomination to the office of member who receive the greatest vote
167 in the primary election for each group shall be placed on the
168 ballot at the next regular or special municipal general election
169 following the primary as provided in the county charter of
170 Monroe County, Florida. The candidate for nomination receiving
171 the greater vote in the regular or special municipal general
172 election following the primary election if otherwise qualified
173 shall be elected to office from the group in which candidate is
174 qualified, and shall be considered elected from 12:00 noon of
175 the day after the date of certification of the result of the

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176 election, notwithstanding that members are deemed to serve terms
177 of 4 years. One (1) of said members shall serve as Chairperson
178 of the Utility Board. The Chairperson shall be selected from the
179 five (5) members by the five (5) members during an
180 organizational meeting at the first regular Utility Board
181 meeting after all candidates are qualified and sworn in to
182 office by the City Clerk and serve as such until the next
183 organizational meeting following an election. A member may serve
184 as Chairperson for consecutive terms.
185 Section 4. ELECTION AUTHORITIES.-For the purposes of this
186 act, the election authorities shall be the same authorities
187 conducting elections under the Charter of the City of Key West,
188 Florida, and any amendment thereto. The Utility Board of the
189 City of Key West is hereby directed to pay as an administrative
190 expense to said authorities the actual expense incurred in
191 conducting the first election to be held under the provisions of
192 this act.
193
194 Except as otherwise provided in this act, the provisions of the
195 general election laws of the State of Florida shall apply to
196 elections held under this act. All elections provided for by
197 this act shall be conducted by said election authorities.
198 Section 5. BALLOT FORM. ( 1) The full names of all
199 candidates nominated for membership in the Utility Board, except
200 those who have withdrawn, died, or become ineligible, shall be

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201 printed on the official ballots of Monroe County, Florida,
202 without party designation or symbol. If two (2) or more
203 candidates have the same surnaffie, or surnames so similar as to
204 be likely to cause confusion , each candidate may subffl:it an
205 identifying name by which he or she is coffifflonly known . If no
206 such selection shall be made by the candidate , their residence
207 addresses shall be printed with their names on the ballot .
208 (2) A regularly nominated eandida~e shall be entitled ,
209 upon written application to the election authorities ac least
210 five (5) days before the election , to appoint two (2) persons to
211 represent him as ,,atehers and challengers at each polling place
212 where voters may east their ballots for him . A person so
213 appointed shall have all the rights and privi l eges prescribed
214 for watchers and challengers by or under the general election
215 laws of the State of Florida . The watchers and challengers may
216 exercise their rights throughout the voting and until the
217 ballots have been counted.
218 Section 6. UTILITY BOARD VACANCY.- (1) The office of
219 members of the Utility Board shall become vacant upon his or her
220 death, resignation, removal from office in any manner authorized
221 by law, or forfeiture of his office, or as otherwise provided
222 herein.
223 (2) A member of the Utility Board shall forfeit his office
224 if he (1) lacks at any time during his term of office any
225 qualification for the office prescribed by law; (2) violates any

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226 express prohibition of this law; (3) is convicted of a crime
227 involving moral turpitude; (4) fails to reside within either the
228 City of Key West or the portion of Monroe County Southwest of
229 the northeasternmost end of the Seven Mile Bridge; o r ~ -t4+
230 fails to attend three (3) consecutive regular meetings meeting
231 of the Utility Board without being excused by the board.
232 (3) A vacancy in the board shall be filled for the
233 remainder of the unexpired term, if any, at the next regular
234 election, but a quorum of the remaining members of said board
235 shall by majority vote appoint a qualified person to fill the
236 vacancy until the person elected to serve the remainder of the
237 unexpired term takes office. If the board fails to do so within
238 thirty days following the occurrence of the vacancy, the City
239 Commission of the City of Key West, FloridaL shall appoint a
240 member to fill the said vacancy for the unexpired term.
241 Notwithstanding the requirement that a quorum of the board
242 consists of three (3) members, if at any time the membership of
243 the board is reduced to less than three (3), the City Commission
244 of said city shall fill the vacancies for the unexpired term.
245 (4) The City Commission of the City of Key West, FloridaL
246 or its des i gnee , shall be the judge of the election and
247 qualification of the members of the Utility Board and of the
248 grounds for forfeiture of their offi c e and for that purpose
249 shall have power to subpoena witnesses, take testimony and
250 require the production of records. A member charged with conduct

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251 constituting grounds for forfeiture of his office shall be
252 entitled to a public hearing on demand; and notice of such
253 hearing shall be published in one (1) or more newspapers of
254 general circulation in said city at least one (1) week in
255 advance of the hearing. Removal from said office should be by a
256 four-fifths (4/5) vote of the City Commission. Decisions made by
257 the City Commission of the City of Key West, FloridaL under this
258 section shall be subject to review by the courts.
259 Section 7. RECALL OF UTILITY BOARD MEMBER.-Any member of
260 the Utility Board of the City of Key West, FloridaL may be
2 61 subject to recall by the electors of the City of Key West,
2 62 FloridaL by the same laws, methods, rules, and regulations
263 prescribed by State law of City Charter for the removal of a
264 member of the City Commission of the City of Key West, Florida.
265 Any vacancies which occur as a result of said recall process
266 shall be filled in the manner heretofore prescribed for filling
2 67 vacancies on said Utility Board.
2 68 Section 8. UTILITY BOARD COMPENSATION.-The Chairman of the
269 Utility Board shall receive a monthly salary as compensation for
270 his services in an amount set by majority vote of the board,
271 pursuant to resolution not to exceed $700 per month. The other
272 members of the board shall receive a monthly salary as
273 compensation for their services in an amount set by majority
274 vote of the board, pursuant to resolution not to exceed $600 per
275 month. All compensations set forth herein shall be payable as an

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276 operating expense of the electric public utility.
277 Section 9. UTILITY BOARD BUSINESS.-A majority of the
278 members of the Utility Board at any meeting shall constitute a
279 quorum, and the Utility Board may adopt rules and by-laws for
280 time, place and conduct of its meetings. Provided, however, that
281 in the event of a catastrophe or disaster whereby one (1) or
282 more members of the Utility Board is physically incapacitated
283 from any cause and temporarily unable to serve, then the
284 remaining member or members are hereby vested with the power and
285 right to conduct all of the business of the Utility Board until
286 such time as such member or members temporarily incapacitated
287 are able to resume their duties. Provided further, that in the
288 event of the death of one (1) or more members of the Utility
289 Board from any cause, the remaining member or members are hereby
2 90 vested with the power and right to conduct all of the business
291 of the Utility Board until such time as appointments to fill the
292 vacancies created by death can be made in due course, pursuant
293 to the terms and conditions of this act.
294 Section 10. UTILITY BOARD MEETINGS.-The Chairman shall
295 preside at all meetings when present, and shall call special
296 meetings on his own motion or when requested to do so by any two
2 97 (2) members of the board. A record shall be kept of the
2 98 proceeding, which shall be available for inspection as other
299 municipal records.
300 Section 11. (1) POWERS OF THE BOARD.-The Utility Board of

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301 the City of Key West, FloridaL shall have the full, complete and
302 exclusive power and right to manage, operate, maintain, control,
303 extend, extend beyond the limits of the City of Key West,
304 Florida, in Monroe County, Florida, the electric public utility
305 owned by said city, including the maintenance, operation,
306 extension and improvement thereof, and including all lines,
307 poles, wires, pipes, mains and all additions to and extensions
308 of the same, and all buildings, stations, sub-stations,
309 machinery, appliances, land and property, real, personal and
310 mixed, used or intended for use in or in connection with said
311 electric public utility, and the Utility Board shall have all of
312 the powers in connection with such other public utilities
313 hereafter constructed or acquired by said board that are granted
314 by this act to said board with respect to the electric public
315 utility now owned by said city. The Board shall have the power
316 and right to extend its utilities services beyond the limits of
317 Monroe County, Florida. As it relates to the extension of
318 services of the electric public utility, the power to extend
319 services beyond the limits of Monroe County, Florida, shall
320 become effective only if the Legislature enacts legislation
321 permitting any person other than the Utility Board to sell
322 electric energy to customers of the Utility Board. The said
323 Utility Board shall have exclusive power and authority to
324 determine what improvements shall be made to all such public
325 utilities.

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326 (3) REVENUE BONDS AND OTHER FINANCING MATTERS.-Revenue
327 bonds may be issued by said Utility Board for the purpose of
328 refunding outstanding revenue bonds as well as for any other
329 purposes which the Utility Board of said city deems proper in
330 the management, operation, maintenance, control, improvement,
331 extension, betterment, financing and refinancing of the electric
332 public utility owned by The City of Key West, Florida~ as well
333 as for purposes of acquisition, purchase, building and
334 construction and operation of additional public utilities which
335 are deemed proper by said Utility Board, and revenue bonds may
336 also be issued by said board against the income of any
337 additional public utilities so acquired, and the granting of
338 such authority to the Utility Board of the City of Key West,
339 Florida, to issue revenue bonds against income of the electric
340 public utility owned by said city, or against the income of any
341 additional public utilities hereafter acquired by said Utility
342 Board, is exclusive to said board, and the governing body of
343 said city shall not have the right to issue any such bonds or
344 otherwise incur any indebtedness or obligations whereby the
345 income of said public utilities owned by the Utility Board of
346 the City of Key West, or the income of any additional public
347 utilities, hereafter acquired by said Utility Board, becomes
348 charged for the payment thereof. The maturity dates and rate of
349 interest of any bonds issued hereunder shall be determined and
350 fixed by the Utility Board of the City of Key West, FloridaL and

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351 said board shall have the exclusive right to sell said bonds at
352 prices to be determined by said board. The Utility Board of the
353 City of Key West, FloridaL is authorized and empowered to adopt
354 such resolutions as may be necessary or advisable in connection
355 with the authorization, execution, sale, and delivery of the
356 revenue bonds authorized hereunder. Prior to the validation and
357 issuance of any bonds authorized hereunder, said board shall
358 obtain the approval of the City Commission of the City of Key
359 West, Florida, by appropriate ordinance. The Utility Board shall
360 further have the power to issue commercial paper notes and
361 variable rate bonds to enter into interest rate swap
362 transactions as determined from time to time to be in the best
363 interests of the ratepayers of the electric public utility of
364 the City. Bonds and refunding bonds issued pursuant to this act
365 may be sold at competitive or negotiated sale, provided any
366 negotiated sale shall comply with section 218.385, Florida
367 Statutes.
368 Section 12. MANAGER'S CONTRACT.-The Utility Board shall
369 have the power from time to time to enter into a contract
370 employing a manager to manage and administer to the electric
371 public utility now owned by the City of Key West, Florida, and
372 to manage and administer to any additional public utilities
373 acquired by said Utility Board. The contract employing said
374 manager shall set forth the tenure of office, not to exceed four
375 (4) years, the compensation, terms of employment, and the

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376 procedure for termination of said contract. The Utility Board,
377 through such manager, shall direct, employ, fix the compensation
378 of and discharge all employees of the electric public utility
379 and all employees of all public utilities owned or operated by
380 said Utility Board; provided however, that terms, compensation
381 and termination of the contract shall be governed by and conform
382 to the provisions of any proceedings authorizing and providing
383 for the issuance of bonds, or other obligations of said city,
384 which by their terms are secured by or payable from the revenue
385 of the electric public utility or other public utilities owned
386 or operated by said Utility Board.
387 Section 13.
388 (9) LOCAL, STATE, AND FEDERAL CONTRACTS.-All purchases of
389 commodities or contractual services under the provisions of
390 local, state, and federal purchasing contracts shall be exempt
391 from the competitive procurement requirements, provided that the
392 following criteria are all satisfied:
393 ( a) The terms and conditions of the original contract or
394 approved renewal or extension by the federal, state or local
395 government or electric cooperative in their original form, or a
396 negotiated form more favorable to the Utility Board, are
397 satisfactory to the Utility Board.
398 (b) The original contract or approved renewal or extension
399 by the federal, state, or local government or electric
400 cooperative is in effect and was -are executed within an

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401 acceptable period of time, as determined by the Utility Board by
402 resolution from time to time , twenty four {24 ) months prior to
403 the proposed purchase of commodities or services by the Utility
404 Board.
405 (c) The purchasing agent has performed an informal
406 solicitation to determine if the prices of the original contract
407 or approved renewal or extension are fair and reasonable, and to
408 assure local vendors have an opportunity to compete.
409 (d) The Utility Board authorizes such procurement when the
410 cost of the commodities (materials) or contractual services
411 (labor and materials) exceeds the amounts as established by
412 resolution adopted by the Utility Board.
413 Section 14. PENSION PLAN.-The Utility Board created by
414 this act is hereby authorized and empowered to establish, adopt,
415 provide, operate, maintain~ and assist in the support of a
416 pension system or plan for the relief or social security of
417 disabled or retired officers and employees of said Utility
418 Board, and to delegate authority for the handling and
419 perpetuation of such a plan or system to designated officials or
420 employees of said Utility Board, or a special committee created
421 for such purposes. Further, said Utility Board shall have power
422 to make contracts of insurance with any insurance company
423 authorized to transact business in the State of Florida,
424 insuring its officers and employees or any class or classes
425 thereof under a policy or policies of group insurance covering

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426 life, health, or accident insurance, or any two or more of such
427 classes of insurance, and may contract with any company grant ing
428 annuities or pensions and aut horized to transact business withi n
429 the State of Florida for the pensioning of such officers and
430 employees or any class or classes thereof; and provide for any
431 money necessary to pay premiums or charges incidental to the
432 carrying on o f such policies or contracts or for t he suppo rt of
433 a pension system, and the action of its predecessor Utility
434 Board in connection with the pensions now in effect is hereby
435 ratified, validated and confi rmed.
436 Section 15. CIVIL SERVICE SYSTEM. - (1) The Ut il ity Board
437 created by this act is hereby authorized and empowered to
438 create, establish, provide f or and adopt, maintain, operate and
439 r egulate a c i vil service sys t em and plan for t he se c urity of the
440 e mploye es o f said board, and may ame nd a nd cha nge such system
441 and plan from time to time. Further, said Utility Board is
442 e mpowered to adopt rules and regulations for the government and
443 operation of said civil service system a n d plan, and to d e lega t e
4 44 a utho ri ty fo r the handl i ng and man a gement of said system a nd
445 plan to designated officials or employees of said board, or a
446 s pecia l committee or a civil s ervi c e board created by said
447 Utili t y Boa r d for such purpo se s. Furthe r , said Ut i l i ty Boa rd i s
4 48 a uthoriz ed a n d e mp owere d to a pprop ri a te o ut o f it s a vail a bl e
449 funds a n y money necessary or expedient t o carry out t h e
4 50 p r ovis i ons a nd p u r pos e s of thi s a ct that maybe be l awfu ll y used

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451 for such purposes.
452 (2) The employees of the City of Key West, FloridaL may
453 require the Utility Board to establish a civil service board for
454 them by an affirmative vote of the majority of the employees
455 cast in a secret e l ection to be held under the rules prescribed
456 by the board. Said election shall be held within (30) days of
457 the presentation of a petition con ta ining the signatures of no
458 less than ten per centum (10 percent) of the employees of all a±
459 c lasses of sa i d system requesting such an election.
460 Section 16. DISPOSITION OF ASSETS , OWNERSHIP OF UTILITY.-
461 Jll The Utility Board of the City of Key West, Florida shall
462 have discretion to classify as surplus any of its property tha t
463 is obsolete or that which is uneconomical or inefficient, or
464 which serves no useful function. All such items va lued more than
465 the amount as established by resolution adopted by the Utility
466 Board shall be offered as such surplus property to other
4 67 governmental units within, the County of Monroe and to the
468 general public with an effective means of notificat ion. The
469 notification shall disclose the value and condition of the
470 propertie s when known. Any such properties as woul d se rve no
471 useful function and for which no bids have been received, may be
472 disposed o f by donation, dest r uction or aba ndonment.
473 ( 2) The sale, transfer, or o t her disposition of a n y
474 ownership interest in the electric ut ilit y owned or operated by
475 the Utility Board or any other uti l ity owned or operated by t he

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476 Utility Board, or the sale, transfer, or other disposition of
477 all or substantially all assets of the electric utility owned or
478 operated by the Utility Board or any other utility owned or
479 operated by the Utility Board, shall only be effective upon
480 proposal of such disposition by the Utility Board by resolution
481 adopted by the affirmative vote of not less than four (4)
482 Utility Board members , and approval of such disposition by at
483 least 65 percent of the qualified electors of Monroe County,
484 Florida, who reside within the Utility Board's designated
485 service area at large , casting ballots at a regular municipal
486 general election.
487 Section 17. ANNUAL AUDIT.-The Utility Board of the City of
488 Key West, Florida, shall provide for an annual audit and be
489 subject to audit by the Legislative Auditor of the State of
4 90 Florida, of all utility board accounts, and said Board is hereby
491 authorized to pay the expenses thereof when required to do so
492 and may provide for such more frequent audits as it deems
493 necessary. A copy of the audit is to be delivered to the City
494 Commission of the City of Key West, Florida, within seven (7)
495 working days twenty four(24) hours , holidays included , after the
496 Utility Board receives its copy from the audit agency. The
4 97 Utility Board shall deliver to any other authorized agency, as
498 they may be required, additional copies of the audit. The
499 expenses of said audit shall be paid by the Utility Board of the
500 City of Key West, Florida.

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501 Section 18. CONFLICT OF INTEREST.-Any board officer or
502 employee who has a substantial financial interest, direct or
503 indirect, by reason of ownership of stock in any corporation, in
504 any contract with the Utility Board or in the sale of any land,
505 material, supplies or services to said board or to a contractor
506 supplying said board, shall make known that interest and shall
507 refrain from voting upon or otherwise participating in his
508 capacity as a board member or employee in the making of such
509 sale or in the making or performance of such contract. Any board
510 member or employee who willfully conceals such a substantial
511 financial interest or willfully violates the requirements of
512 this section shall be guilty of malfeasance in office or
513 position and shall forfeit his office or position. Violation of
514 this section with the knowledge, express or implied, of the
515 person or corporation contracting with or making a sale to the
516 city shall render the contract or sale voidable by said Utility
517 Board.
518 Section 19. EXPENSE REIMBURSEMENT.-Members of said Utility
519 Board, and agents and employees of said board traveling on
520 official business should be reimbursed for travel and expenses
521 in accordance with resolutions or policies adopted by the
522 Utility Board.
523 Section 20. PURCHASE OF LANDS.-Purchase of all lands
524 deemed necessary by the Utility Board of the City of Key West,
525 Florida shall be made subject to the following conditions:

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526 (1) Such purchases shall be made only upon recommendation
527 of the engineers of record of said board who shall advise the
528 board that the acquisition of such lands is necessary for the
529 expansion of the system. The Utility Board shall obtain
530 appraisals from at least three (3) licensed and certified
531 appraisers in the State of Florida.
532 (2) Said Utility Board shall pay no more than the highest
533 appraisal furnished by the aforesaid appraisers.
534 Section 21. PUBLIC RECORDS.-The operating budget and all
535 other records of said Utility Board shall be considered public
536 records, and available for inspection by the public at the
537 office of said Utility Board.
538 Section 22. SUCCESSOR TO RIGHTS AND OBLIGATIONS.-The
539 Utility Board created by this act shall be and is hereby made
540 the successor to the Utility Board of the City of Key West,
541 Florida heretofore created and existing by virtue of Chapter 65-
542 1770, Laws of Florida, Acts of the Legislature Year 1965, and
543 all acts amendatory thereto, and shall succeed to all the
544 rights, privilege, duties and obligations, monies, credits, and
545 choices in action, properties, real, personal and mixed, of its
546 predecessor board, including title to all properties belonging
547 to its predecessor board. No obligations or contracts of its
548 predecessor board, including bonds heretofore issued by its
549 predecessor board, shall be impaired or voided by this act, but
550 all such contracts and obligations shall pass to and be binding

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551 upon the Utility Board created by this act.
552 Section 23. REFERENCES.-Whenever reference is made in this
553 act to the governing body of the City of Key West, Florida, it
554 shall be construed to mean the City Commission of the City of
555 Key West, Florida, or to the successor to said City Commission
556 of the City of Key West, Florida.
557 Section 24. REPEAL AND AMENDMENT.-It is hereby declared to
558 be the intention of the Legislature that this act shall not be
559 deemed repealed or amended by the passage of any act, whether
560 general, special, or local, at this regular session of the
561 Legislature, unless the act seeking to effect repeal or amend
562 this act makes specific reference to this act for such purpose .
563 Section 25. SEVERABILITY.-The provisions of this act are
564 severable, and it is the intention to confer the whole or any
565 part of the powers herein provided for, and if any of the
566 provisions of this act or any of the powers granted by this
567 shall be held unconstitutional by any court of competent
568 jurisdiction, the decision of such court shall not affect or
569 impair any of the remaining provisions of this act, or any of
570 the remaining powers granted by this act. It is hereby declared
571 to be the legislative intent that this act would have been
572 adopted had such unconstitutional provisions or powers not been
573 included therein.
574 Section 26. CONFLICT WITH LAWS.-All laws and parts of
575 laws, whether general, special or local, particularly Chapter

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576 65-1770, Laws of Florida, Acts of the Legislature Year 1965, and
577 acts arnendatory thereto, in conflict with this act, are hereby
578 repealed to the extent of such conflict.
579 Section 27. CONSTRUCTION.-This act sha l l be liberally
580 construed to effect the purposes thereof.
581 Section 2. This act shall take effect upon becoming a law.

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co
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS

BILL #: HB 1633 Okaloosa Gas District, Okaloosa, Santa Rosa , and Walton Counties
SPONSOR(S): Drake
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Local Administration & Veterans Affairs 15 Y, 0 N Darden Miller
Subcommittee

2) Tourism, Infrastructure & Energy Subcommittee Willson Keating

3) State Affairs Committee

SUMMARY ANALYSIS
The Okaloosa Gas District (District) is an independent special district formed in 1953 to own and operate
natural gas transmission and distribution systems in Okaloosa County. The service area of the District has
since expanded to include portions of Santa Rosa and Walton Counties. The District provides natural gas
services to approximately 45,000 residential and commercial customers, as well as several military
installations.

A five-member board of directors governs the District, with four members appointed by the city commissions of
the members of the District and one member appointed by the Okaloosa County Board of County
Commissioners. Members of the board do not receive compensation, but are entitled to reimbursement for
expenses and a "director's fee" of up to $25 per month for board meetings they attend .

The bill expands the service area of the District to include all of Santa Rosa and Walton Counties, except for:
• Areas that would be included in the present boundaries of the District except for their explicit exclusion
in the charter;
• The City of Defuniak Springs;
• The Town of Jay; and
• The City of Gulf Breeze and certain adjoining areas:

The bill provides that a defined area that is currently claimed as service area by both the District and City of
Gulf Breeze is neither included nor excluded from the service area of the District, but that the Florida Public
Service Commission will make a final determination of its status.

The bill also expands the District's board of directors to include members appointed by the county
commissions of Santa Rosa and Walton Counties and increases the maximum "director's fee" to $244 per
month.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1633b.TIE.D0CX
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

The Okaloosa Gas District (District) is an independent special district formed in 1953 to own and
operate natural gas transmission and distribution systems in Okaloosa County.1 The service area of the
District has since expanded to include portions of Santa Rosa and Walton Counties. 2 The District
provides natural gas services to approximately 45,000 residential and commercial customers, as well
as several military installations. 3 The District also sells natural gas to the cities of Milton and Gulf
Breeze for distribution by their municipal utility systems.

The District projects annual revenues for fiscal year 2020-2021 of $48.6 million, derived almost entirely
from gas sale revenues. 4

The District's charter states that the municipalities of Crestview, Niceville, Valparaiso, and Fort Walton
Beach are "members" of the District. 5 Other municipalities in Okaloosa County may join the District by
adopting a resolution, filed with the Secretary of State, requesting to join the District and stating the
municipality will be bound by the duties applicable to other members. The board of directors of the
District must approve this request for it to take effect. The charter also provides that other municipalities
in counties adjoining Okaloosa County may become members of the District if their membership has
been authorized by special act.

A five-member board of directors governs the District, with one member appointed by the governing
body of each member municipality and one member appointed by the Okaloosa County Board of
County Commissioners.6 Members of the board serve a four-year term. Elected officials may serve as
members of the board, except that no member of the Okaloosa County Board of County
Commissioners may serve as a member.

Members of the board of directors do not receive compensation , but are reimbursed for actual
expenses incurred in the performance of their official duties and may receive , subject to the discretion
of the board, a "director's fee" of up to $25 for each director's meeting attended, not to exceed one
meeting per month.

Effect of Proposed Changes

The bill expands the service area of the District to include all of Santa Rosa and Walton Counties,
except for:
• Areas that would be included in the present boundaries of the District except for their explicit
exclusion in the charter;
• The City of Defuniak Springs;
• The Town of Jay; and
• The City of Gulf Breeze and certain adjoining areas.

The bill also provides that a defined service area that is presently claimed by both the District and the
City of Gulf Breeze is neither included nor excluded from the service area of the District, but the Florida
Public Service Commission will make a final determination of its status.

1
Ch. 29334 (1953), Laws of Fla.
2 See ch . 2000-443, s. 2(3) , Laws of Fla.
3
About Us, Okaloosa Gas District, https://www.okaloosagas.com/about-us {last visited Mar. 18, 2021).
4
FY 2021 Budget, Okaloosa Gas District, available at https://www.okaloosagas.com/district-documents (last visited Mar. 18, 2021).
5
Ch. 2000-443, s. 2(5), Laws of Fla.
6
Ch. 2000-443, s. 2(8), Laws of Fla.
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DATE 3/30/2021
The bill expands the board of directors of the District to include:
• One member appointed by the Santa Rosa County Board of County Commissioners; and
• One member appointed by the Walton County Board of County Commissioners.

The bill increases the maximum "director's fee" paid to members of the board from $25 to $244,
reflecting inflation since the initial amount was set in 1953. 7

8. SECTION DIRECTORY:
Section 1: Amends ch. 2004-443, Laws of Fla., to expand the territorial limits of the District, revising
membership of its board, and increasing the meeting attendance fee paid to each
member of the board.

Section 2: Provides the bill shall take effect upon becoming a law.

II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS

A. NOTICE PUBLISHED? Yes [x] No []

IF YES, WHEN? January 31, 2021

WHERE? The Northwest Florida Daily News, a daily newspaper of general circulation
distributed in Okaloosa, Santa Rosa, and Walton Counties.

B. REFERENDUM(S) REQUIRED? Yes [] No [x]

IF YES, WHEN?

C. LOCAL BILL CERTIFICATION FILED? Yes [x] No[]

D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No[]

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:
None.

B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

7
Email from Gordon King, Chief Executive Officer, Okaloosa Gas District, RE: HB 1633 (Mar. 12, 2021). A copy of this email is on file
with the Local Administration & Veterans Affairs Subcommittee.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/30/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 1633 2021

1 A bill to be entitled
2 An act relating to Okaloosa Gas District, Okaloosa,
3 Santa Rosa, and Walton Counties; amending ch. 2000-
4 443, Laws of Florida; revising the territorial limits
5 and area of service of the district to include all of
6 Santa Rosa County and all of Walton County; providing
7 an exception; revising the membership of the Board of
8 Directors to include one member appointed by each of
9 the Board of County Commissioners of Santa Rosa and
10 Walton Counties; revising the director's fee for each
11 meeting attended by a member of the Board of
12 Directors; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Sections 3 and 8 of section 2 of chapter 2000-
17 443, Laws of Florida, are amended to read:
18 Section 3. Area of service.-The territorial limits and
19 area of service of the District shall be Okaloosa County,
20 Florida, and the following described areas in Santa Rosa County,
21 Florida, and Walton County, Florida, to-wit:
22 ( 1) In Santa Rosa County, all of Santa Rosa County an area
23 20 miles wide , extending from the eastern boundary of Santa Rosa
24 County7 to the western boundary of said county, the center line
25 of which shall be the presently cHisting transmission line of

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26 the District , excepting, however, from the above described area
27 of Santa Rosa County:
28 (a) The area within the corporate limits of the Town of
29 Milton and the surrounding territory presently served by the gas
30 distribution system of said town;
31 (b) The area adjacent to State Highway 87 (Brewton
32 Highway) from the intersection of said highway and the
33 transmission line of the District northerly along said highway
34 for a distance of 2 miles;
35 (c) The area adjacent to the New Chumuckla Highway from
36 the intersection of said highway and State Highway 87 (Brewton
37 Highway) westerly along said New Chumuckla Highway for a
38 distance of 2 miles; aft6:
39 (d) The area adjacent to said Highway and the transmission
40 line of the District east of Milton, in a westerly direction
41 along said Highway 90 to the corporate limits of the Town of
42 Milton;-;-
43 (e) The area within the corporate limits of the City of
44 Gulf Breeze and the area from the eastern boundary of the
45 corporate limits of the City of Gulf Breeze extending easterly
46 approximately 11 miles to the line defined as the eastern
47 boundary of Sections 4, 9, 16, 21 and 28 of Township 2 South,
48 Range 27 West, which extends north and south from Santa Rosa
49 Sound to East Bay;
50 (f) The area from the line defined as the eastern boundar y

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51 of Sections 4, 9, 16, 21 and 28 of Township 2 South, Range 27
52 West, which extends north and south from Santa Rosa Sound to
53 East Bay, and extending easterly to the line starting at the
54 intersection US Highway 98 and Shannon Drive, going due south to
55 Santa Rosa Sound, thence turning due north continuing to Manatee
56 Road; thence turning west until the intersection of Basswood
57 Drive; thence turning north until intersecting the Tom King
58 Bayou tributary south of Cove Road; thence following this branch
59 northwest to Tom King Bayou, thence north to East Bay is
60 presently claimed as a service area by the District and by the
61 City of Gulf Breeze and shall not be deemed to be included or
62 excluded as a service area for the District. The service rights
63 for this area shall be determined by a final nonappealable order
64 of the Florida Public Service Commission or any successor
65 agency; and
66 (g) The area within the corporate limits of the Town of
67 Jay and the existing customers presently served by the gas
68 distribution system of said town.
69 (2) In Walton County, all of Walton County extending from
70 the eastern boundary of Walton County to the western boundary of
71 said count y , excepting, however, from the above described area
72 of Walton County, the area within the corporate limits of the
73 City of DeFuniak Springs and the existing customers presently
74 served by the gas distribution system of said city the area
75 shall be all of that portion of Walton County lying south of

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76 Highwa:t 20 and 10 miles north of Highway 20 .
77
78 The District may acquire a supply of gas either within or
79 without the District's territorial limits and area of service
80 and may transport and transmit gas from the point of such
81 acquisition to the system or systems of the District. The
82 District may also sell and transport gas for delivery beyond the
83 territorial limits and area of service of the District and
84 acquire, finance, operate, maintain, extend, and improve gas
85 transmission lines, laterals, and facilities beyond the
86 territorial limits and area of service of the District for such
87 purposes and also for the purpose of making direct sales to
88 industrial and institutional users and to line tap commercial
89 and residential users, but the District shall not acquire,
90 construct, own, or operate any gas distribution system in any
91 area other than within Santa Rosa, Okaloosa, or Walton Counties
92 the territorial limits and area of service of the District as
93 provided in this section, unless authorized by special act of
94 the Legislature to do so.
95 Section 8. The Board of Directors.-The District shall have
96 a Board of Directors, consisting of one member of each member
97 municipality and one member appointed by the Board of County
98 Commissioners of Okaloosa, Santa Rosa, and Walton Counties
99 County, to represent the interest of the unincorporated areas
100 and the interest of the nonmember cities. The member for each

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101 member municipality shall be appointed by the governing body of
102 such member municipality and the Board of County Commissioners
103 of the resp ective counties Okaloosa County shall appoint one
104 member from each county . The member shall serve for a term of 4
105 years and until his or her successor is appointed in like manner
106 and qualified. Appointments to fill a vacancy shall be for the
107 unexpired term. The representative of each municipality may, but
108 need not be, the mayor or chief executive officer of such
109 municipality and the member appointed by the Board of County
110 Commissioners of Okaloosa County may, but need not be, an
111 elected official, except and provided that no member of the
112 Board of County Commissioners of Okaloosa County shall serve in
113 such capacity. The members of the Board of Directors shall serve
114 without compensation, except that they shall be reimbursed for
115 actual expenses incurred in and about the performance of their
116 duties thereunder and, at the discretion of the Board of
117 Directors, they may be paid a director's fee of not exceeding
118 $244-$-±-§- for each dire c tors' meeting attended by them, not
119 exceeding one meeting during each calendar month. The appointing
120 authority may remove any member of the Board of Directors within
121 the term for which such member shall have been appointed for
1 22 malfeasance or misfeasance in office or other just cause after
123 givi ng to such member a copy of the charges a gain s t him or her
124 and an opportunity to be heard in his or h e r defense.
125 Secti o n 2. This act shall take effect upon becoming a law.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 6011 Professional Sports Facilities
SPONSOR($): Beltran and others
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Ways & Means Committee 16 Y, 1 N Berg Aldridge

2) Tourism, Infrastructure & Energy Subcommittee Willson /1 W Keating {;K-
3) Commerce Committee

SUMMARY ANALYSIS
The Sports Development Program (Program) provides state funding for constructing, reconstructing,
renovating, or improving professional sports facilities, as provided under s. 288.11625, F.S. The Program is
administered by the Department of Economic Opportunity (DEO). In order to receive funding under the
Program, DEO must first recommend an applicant's request for funding to the Legislature and receive
approval , then certify the approved request for funding as an annual distribution amount to the Department of
Revenue.

The Program is funded by state sales and use tax revenues. Individual facilities may receive up to $3 million
annually, and no more than $13 million can be distributed under the Program in a single year. A facility can
receive distributions for up to 30 years and up to $90 million per certified facility.

Entities eligible to participate in the Program include professional sports franchises of the National Football
League, the National Hockey League, the National Basketball Association, Major and Minor League Baseball,
Major League Soccer, the North American Soccer League, the Professional Rodeo Cowboys Association, the
promoter or host of a signature event administ~red by the Breeders' Cup Limited or the promoter of a signature
event hosted by the National Association of Stock Car Auto Racing (NASCAR).

The Legislature created the Sports Development Program in 2014. To date, no facilities or applicants have
been approved to receive funding and no distributions have been made under the Program.

The bill repeals s. 288.11625, F.S., eliminating the Sports Development Program, and updates related sections
to conform with the elimination of the Program.

The bill takes effect July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES :
Current Situation

Florida Sports and Facilities

Florida is home to many professional and semi-professional sports teams, organizations, and facilities,
including professional football, basketball, baseball, hockey, and soccer teams, National Association of
Stock Car Racing (NASCAR) sanctioned tracks, and professional equestrian and rodeo events.
Generally, team facilities are located on property leased by or purchased from local governments.

The following table provides basic information about the 10 professional sports franchises in Florida
that could qualify for the Sports Development Program and their facilities:
Franch~ Sport Leagae Year Facility Faeility County
.Eounded Ooened
Miami Dolphins Football NFL 1966 Hard Rock 1987 Miami-Dade
Stadium
(originally Joe
Robbie Stadium)
Tampa Bay Football NFL 1976 Raymond James 1998 Hillsborough
Buccaneers Stadium
Miami Heat Basketball NBA 1988 American 1999 Miami-Dade
Airlines Arena
Orlando Magic Basketball NBA 1989 Amway Center 2010 Orange
Tampa Bay Hockey NHL 1992 Amalie Arena 1996 Hillsborough
Lightning (previously
Tampa Bay
Times Forum)
Florida Panthers Hockey NHL 1993 BB&T Center 1998 Broward
Miami Marlins Baseball MLB 1993 Marlins Park 2012 Miami-Dade
Jacksonville Football NFL 1995 TIAA Bank Field 1995 Duval
Jaguars (previously
EverBank Field)
Tampa Bay Rays Baseball MLB 1998 Tropicana Field 1990 Pinellas
(occupied by
Rays since 1998)
Orlando City Soccer MLS 2015 Exploria Stadium 2017 Orange
Soccer Club/ (previously
"Lions" Orlando City
Stadium)

In addition to the 10 major professional sports teams, Florida is also home to Major League Baseball's
(MLB) Spring Training Grapefruit League, with 15 teams holding preseason training and exhibition
games in the state. 1

1
For general information related to professional sports in Florida, see Florida Sports Foundation at
http://www.flasports.com/ (last visited Mar. 3, 2021).
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Professional Sports Franchise Program

The Professional Sports Franchise program allows professional sports franchises in Florida to receive
state sales and use tax revenue to pay for the construction or renovation of a facility for a new or
retained professional sports franchise. 2 Local governments, non-profit, and for-profit entities may apply
to the program. Approved applicants are eligible to receive up to $2,000,004 per year for a period of up
to 30 years. 3 No more than eight facilities can be certified under this program at one time. 4

Currently, eight facilities receive distributions under the Professional Sports Franchise Program. Each
facility is currently on track to receive $60 million, which is the maximum distribution allowable under
this program ($166,667 per month or $2,000,004 per year, over 30 years), as follows:
-
Location, First and Lease Total
Facility name Certified entity, & Franchise Final Expiration payments as
Certification Date Payments Date of Aug. 2020
Hard Rock Stadium Miami, Miami 06/1994 99 year $54,000,108
(formerly Sun Life, S. FL. Stadium Corp., Marlins 5 06/2023 land lease,
Land Shark, Dolphin, May 1993 issued
Pro Player, Joe Robbie) 1987
TIAA Bank Field Jacksonville, Jacksonville 06/1994 2030 $52,166,771
(previously EverBank City of Jacksonville, Jaguars 05/2024
Field) April 1994
Tropicana Field St. Petersburg, Tampa Bay 07/1995 2027 $50,000,100
City of St. Petersburg, Rays 06/2025
May 1995
Amelie Arena Tampa, Tampa Bay 09/1995 2025 $49,666,766
(previously Tampa Bay Tampa Bay Sports Lightning 08/2025
Times Forum) Authority,
July 1995
BB&T Center Sunrise, Florida 08/1996 2028 $47,833,429
Broward County, Panthers 07/2026
June 1996
Raymond James Tampa, Tampa Bay 01/1997 2028 $47,000,094
Stadium Hillsborough County, Buccaneers 12/2026
November 1996
American Airlines Miami, Miami Heat 03/1998 2030 $44,500,089
Arena BPL, LTD, 03/2028
February 1998
Amway Center Orlando, Orlando 02/2008 2036 $24,833,383
City of Orlando, Magic 01/2038
November 2007
TOTAL: $370,000,740

(Information from the Office of Program Policy Analysis and Government Accountability (OPPAGA) 6

2
S. 288 .1162, F.S.
3
S. 212.20(6)(d)6.b., F.S.
4
S. 288.1162(6), F.S.
5 The Marlins franchise relocated from Sun Life Stadium to Marlins Park in 2012.
6
Office of Program Policy Analysis and Government Accountability, Report No. 20-08, Florida Economic Development
Program Evaluations-Year 8, p. 48 (Dec. 2020).
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Sports Development Program

The Sports Development Program 7 (Program) allows for distributions of state sales and use tax
revenue pursuant to s. 212.20, F.S., to fund professional sports franchise facilities. The Department of
Economic Opportunity (DEO) administers the Program and is responsible for screening applicants 8 for
state funding. The purpose of the Program is to provide state funding for the construction,
reconstruction, renovation, or improvement of a sports facility, 9 the proposed acquisition of land to
construct a new facility, and construction of improvements to state-owned land necessary for the
efficient use of the facility.

General Application and Approval Process

DEO accepts applications between June 1 and November 1 each year. Within 60 days of receiving a
completed application, DEO is required to evaluate the application and notify the applicant in writing of
its decision to recommend or deny approval. DEO provides the Legislature with a list of the
recommended applicants, ranked in the order of the project's likelihood to positively impact the state.
To receive funding, an application must be approved by the Legislature in a conforming bill or general
law approved by the Governor, and DEO must certify the applicant and its approved request for funding
and notify the Department of Revenue (DOR) of the initial certification and distribution amount.

An applicant remains certified for 30 years or the length of the agreement between the beneficiary 10
and the local government that owns the facility or the property on which the facility is or will be located,
whichever is less.

DEO may only recommend one distribution per applicant, facility, or beneficiary. Furthermore, no facility
or beneficiary can receive more than one distribution under s. 212.20, F.S., for any state-administered,
sports-related program. 11 An exception exists for applicants who can show that the beneficiary that was
the subject of a previous distribution under s. 212.20, F.S., no longer plays at the facility that is the
subject of the application under the new program.

"Special" Application Process for New Facilities or Projects Commenced Before July 1, 2014 12

Section 288.11625(11 ), F.S., provides for an alternative application process to receive state funding
under the Program. Under this process, the Legislative Budget Commission (LBC) can approve
applications for new facilities or projects that commenced between March 1, 2013, and July 1, 2014,
and such applicants are not subject to the competitive evaluation and ranking component. An applicant

7 S. 288.11625, F.S.
8
Section 288.11625(2), F.S. An "Applicant" is a unit of local government which is responsible for the construction,
management, or operation of a facility; or an entity that is responsible for the construction, management, or operation of a
facility if a unit of local government holds title to the underlying property on which the facility is located.
9
Id. A "Facility" is a structure, and its adjoining parcels of local-government-owned land, primarily used to host games or
events held by a beneficiary and does not include any portion used to provide transient lodging.
10 Id. A "Beneficiary" is a professional sports franchise of the NFL, NHL, NBA, the National League or American League of

MLB, Minor League Baseball, MLS, the North American Soccer League (NASL}, the Professional Rodeo Cowboys
Association (PRCA}, the promoter or host of a signature event administered by Breeders' Cup Limited, or the promoter of
a signature event sanctioned by the National Association for Stock Car Auto Racing (NASCAR). A beneficiary may also
be an applicant under this program.
11 Such sports-related programs include Professional Sports Franchises (s. 288.1162, F.S.}, Spring Training Baseball

Franchises (s. 288.11621, F.S.}, Sports Development (s. 288.11625, F.S.}, and Retention of MLB Spring Training
Franchises (s. 288.11631, F.S.). However, if an applicant for the Sports Development Program is already receiving
distributions under the Professional Sports Franchises Program (s. 288.1162, F.S.) for the same facility or beneficiary, the
applicant is eligible for an additional distribution of up to $1 million if the total project cost exceeds $100 million.
12
DEO Memorandum, Re Sports Development Statute, http://www.floridajobs.org/docs/default-sourceldivision-of-
strateqic-business-developmenUsports-development-program/sports-developrnent-statute-memo.pdf?sfvrsn=6 (last
visited Mar. 3, 2021 ).
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certified under the special application process remains subject to other provisions and requirements
under the Program.

Distribution of State Funds

The amount that an applicant may receive is based on 75 percent of the average annual new
incremental state sales taxes generated by sales at the facility. Annual distributions are limited by the
following tiered system:
• If the total project cost is $200 million or greater, the annual distribution amount may be up to $3
million.
• If the total project cost is at least $100 million, but less than $200 million, the annual distribution
amount may be up to $2 million.
• If the total project cost is at least $30 million, but less than $100 million, the annual distribution
amount may be up to $1 million.

DEO is required to consult with DOR and the Legislature's Office of Economic and Demographic
Research (EDR) to develop a standard calculation for estimating the average annual new incremental
state sales taxes generated by sales at the facility.

Use of Funds

Once certified, applicants may use Sports Development Program funds for the following purposes:
• Constructing, reconstructing, renovating, or improving a facility or reimbursing such costs;
• Paying or pledging for the payment of debt service on bonds issued for the construction or
renovation of a facility;
• Funding debt service reserve funds, arbitrage rebate obligations, or other amounts payable with
respect thereto on bonds issued for the construction or renovation of a facility; and
• Reimbursing the costs associated with debt service payments or refinancing of bonds issued for
the construction or renovation of a facility.

Contract

Certified applicants must enter into a contract with DEO that:
• Specifies the terms of the state's investment;
• States the criteria that the certified applicant must meet in order to remain certified;
• Requires the applicant to submit the independent analyses required by the Program;
• Specifies information that the certified applicant must report to DEO; and
• Includes any provisions deemed prudent by DEO.

The contract must also require the applicant to reimburse the state, after all distributions have been
made, any amount by which the total distributions made under the program exceed actual new
incremental state sales taxes generated by sales at the facility during the contract, plus a 5 percent
penalty on that amount. Reimbursements due to the state must be made within 90 days after the last
distribution. If the applicant is unable or unwilling to reimburse the state, DEO may place a lien on the
applicant's facility. If the applicant is a municipality or county, it may reimburse the state from its half-
cent sales tax allocation.

Repayment of Distributions

A certified applicant may be required to repay distributions if:

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• An applicant's beneficiary breaks the terms of its agreements and relocates, or no longer
occupies or uses the facility as the facility's primary tenant. The beneficiary is required to
reimburse the state for such distributed funds, plus a five percent penalty, if the beneficiary
relocates before the agreement expires.
• DEO determines that the applicant submitted false, misleading, deceptive, or otherwise untrue
information . As above, the applicant is required to reimburse the state, plus a five percent
penalty. Applicants that are a municipality or a county may reimburse the state from their half-
cent sales tax allocation.

Applicant History under the Sports Development Program

To date, no applicants have been certified and no funds have been distributed under the Program.
In FY 2014-15, DEO received four applications: the City of Jacksonville, the City of Orlando, Daytona
International Speedway, LLC, and South Florida Stadium, LLC. All applicants qualified for the "special"
application process.
In FY 2015-16, DEO received four applications: Buccaneers Football Stadium Limited Partnership, the
City of Jacksonville, Daytona International Speedway, LLC, and South Florida Stadium, LLC. The
Buccaneers application was incomplete and not transmitted to the Legislature, the other applications
qualified for the special application process.
In FY 2016-17, DEO received one application, from Buccaneers Stadium, LLC. DEO reviewed the
application under the "general" application process.
DEO did not receive any applications for the Program in FYs 2017-18, 2018-19, or 2019-20. 13

Sales and Use Tax

Chapter 212, F.S., contains the state's statutory provisions authorizing the levy and collection of
Florida's sales and use tax, as well as the exemptions and credits applicable to certain items or uses
under specified circumstances. A six percent sales and use tax is levied on tangible personal property
and a limited number of services. Additionally, s. 212.20, F.S., contains statutory direction for the
schedule of distributions approved for the Professional Sports Franchise Program and the Sports
Development Program .

Local Government Half-cent Sales Tax (Section 218.64, F.S.)

Authorized in 1982, the Local Government Half-cent Sales Tax Program generates the largest amount
of revenue for local governments among the state-shared revenue sources currently authorized by the
Legislature.14 It distributes a portion of state sales tax revenue via three separate distributions to eligible
county or municipal governments. Additionally, the program distributes a portion of communications
services tax revenue to eligible local governments. Allocation formulas serve as the basis for these
separate distributions. The program's primary purpose is to provide relief from ad valorem and utility
taxes in addition to providing counties and municipalities with revenues for local programs. 15

Municipalities are authorized to spend their portion of the local government half-cent sales tax for:
• municipality-wide programs,
• reimbursing the state as required by the Sports Development Program, or
• municipality-wide property tax or municipal utility tax relief.

13 Staff Phone Call with John Schrader, Director of Legislative Affairs, DEO (Mar. 3, 2021) .

14 Ch . 82-154, Laws of Fla.
15 EDR, 2020 Local Government Financial Information Handbook (December 2020), p. 55.
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Counties are authorized to spend their portion of the local government half-cent sales tax for
countywide tax relief or countywide programs. Subject to certain conditions, counties may also use up
to $3 million annually of the local government half-cent sales tax for the following purposes:
• new or retained professional sports franchises under s. 288.1162, F.S. or a spring training
franchise under s. 288.11621, F.S.
• a certified applicant as a motorsport entertainment complex under s. 288.1171, F.S., or
• reimbursing the state as required by the Sports Development Program.

Additionally, counties and municipalities are authorized to pledge proceeds of the local government
half-cent sales tax for the payment of principal and interest on any capital project.

Economic Development Programs Evaluation

Section 288.0001 , F.S., requires EDR and OPPAGA to include the Sports Development Program
among the list of economic development programs scheduled to be reviewed and analyzed by January
1, 2018, and every three years thereafter. As no applicants have been certified under the Program and
no funds have been distributed, neither OPPAGA16 nor EDR 17 was able to review and analyze the
Program in its first three-year reporting cycle .

Effect of Proposed Changes

The bill repeals s. 288.11625, F.S., eliminating the Sports Development Program. To conform with the
elimination of the Program, the bill also removes provisions relating to the distribution of funds under
the program, reimbursement provisions, and reporting requirements.

The bill takes effect July 1, 2020.

B. SECTION DIRECTORY:
Section 1 Repeals s. 288.11625, F.S., relating to the Sports Development Program.

Section 2 Amends s. 212.20, F.S., conforming provisions to changes made by the act.

Section 3 Amends s. 218.64, F.S.; conforming provisions to changes made by the act.

Section 4 Amends s. 288.0001, F.S.; conforming provisions to changes made by the act.

Section 5 Amends s. 212.205, F.S. ; conforming a cross-reference.

Section 6 Provides an effective date.

16 OPPAGA, Report No. 17-13, Florida Economic Development Program Evaluations-Year 5, p. 45 (Dec. 28, 2017) .
17 EDR, Return on Investment for the Florida Sports Foundation Grants and Related Programs, p. 1 (Jan. 1, 2018) .
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None. No state funding was authorized and no applicants were ever approved by the Legislature under
the program being repealed.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not appear to create the need for rulemaking or rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 6011 2021

1 A bill to be entitled
2 An act relating to professional sports facilities;
3 repealing s. 288.11625, F.S., relating to state
4 funding for sports facility development by a unit of
5 local government, or by a certified beneficiary or
6 other applicant, on property owned by the local
7 government; amending ss. 212.20, 218.64, and 288.0001,
8 F.S.; conforming provisions to changes made by the
9 act; amending s. 212.205, F.S.; conforming a cross-
10 reference; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 288.11625, Florida Statutes, is
15 repealed.
16 Section 2. Paragraph (d) of subsection (6) of section
17 212.20, Florida Statutes, is amended to read:
18 212.20 Funds collected, disposition; additional powers of
19 department; operational expense; refund of taxes adjudicated
20 unconstitutionally collected.-
21 (6) Distribution of all proceeds under this chapter and
22 ss. 202.18(1) (b) and (2) (b) and 203.01(1) (a)3. is as follows:
23 (d) The proceeds of all other taxes and fees imposed
24 pursuant to this chapter or remitted pursuant to s. 202 .18 (1) (b)
25 and (2) (b) shall be distributed as follows:

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26 1. In any fiscal year, the greater of $500 million, minus
27 an amount equal to 4.6 percent of the proceeds of the taxes
28 collected pursuant to chapter 201, or 5.2 percent of all other
29 taxes and fees imposed pursuant to this chapter or remitted
30 pursuant to s. 202 .18 (1) (b) and (2) (b) shall be deposited in
31 monthly installments into the General Revenue Fund.
32 2. After the distribution under subparagraph 1., 8.9744
33 percent of the amount remitted by a sales tax dealer located
34 within a participating county pursuant to s. 218.61 shall be
35 transferred into the Local Government Half-cent Sales Tax
36 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
37 transferred shall be reduced by 0.1 percent, and the department
38 shall distribute this amount to the Public Employees Relations
39 Commission Trust Fund less $5,000 each month, which shall be
40 added to the amount calculated in subparagraph 3. and
41 distributed accordingly.
42 3. After the distribution under subparagraphs 1. and 2.,
43 0.0966 percent shall be transferred to the Local Government
44 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
45 to s. 218.65.
46 4. After the distributions under subparagraphs 1., 2., and
47 3., 2.0810 percent of the available proceeds shall be
48 transferred monthly to the Revenue Sharing Trust Fund for
49 Counties pursuant to s. 218.215.
50 5. After the distributions under subparagraphs 1., 2., and

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51 3., 1.3653 percent of the available proceeds shall be
52 transferred monthly to the Revenue Sharing Trust Fund for
53 Municipalities pursuant to s. 218.215. If the total revenue to
54 be distributed pursuant to this subparagraph is at least as
55 great as the amount due from the Revenue Sharing Trust Fund for
56 Municipalities and the former Municipal Financial Assistance
57 Trust Fund in state fiscal year 1999-2000, no municipality shall
58 receive less than the amount due from the Revenue Sharing Trust
59 Fund for Municipalities and the former Municipal Financial
60 Assistance Trust Fund in state fiscal year 1999-2000. If the
61 total proceeds to be distributed are less than the amount
62 received in combination from the Revenue Sharing Trust Fund for
63 Municipalities and the former Municipal Financial Assistance
64 Trust Fund in state fiscal year 1999-2000, each municipality
65 shall receive an amount proportionate to the amount it was due
66 in state fiscal year 1999-2000.
67 6. Of the remaining proceeds:
68 a. In each fiscal year, the sum of $29,915,500 shall be
69 divided into as many equal parts as there are counties in the
70 state, and one part shall be distributed to each county. The
71 distribution among the several counties must begin each fiscal
72 year on or before January 5th and continue monthly for a total
73 of 4 months. If a local or special law required that any moneys
74 accruing to a county in fiscal year 1999-2000 under the then-
75 existing provisions of s. 550.135 be paid directly to the

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HB 6011 2021

76 district school board, special district, or a municipal
77 government, such payment must continue until the local or
78 special law is amended or repealed. The state covenants with
79 holders of bonds or other instruments of indebtedness issued by
80 local governments, special districts, or district school boards
81 before July 1, 2000, that it is not the intent of this
82 subparagraph to adversely affect the rights of those holders or
83 relieve local governments, special districts, or district school
84 boards of the duty to meet their obligations as a result of
85 previous pledges or assignments or trusts entered into which
86 obligated funds received from the distribution to county
87 governments under then-existing s. 550.135. This distribution
88 specifically is in lieu of funds distributed under s. 550.135
89 before July 1, 2000.
90 b. The department shall distribute $166,667 monthly to
91 each applicant certified as a facility for a new or retained
92 professional sports franchise pursuant to s. 288.1162. Up to
93 $41,667 shall be distributed monthly by the department to each
94 certified applicant as defined ins. 288.11621 for a facility
95 for a spring training franchise. However, not more than $416,670
96 may be distributed monthly in the aggregate to all certified
97 applicants for facilities for spring training franchises.
98 Distributions begin 60 days after such certification and
99 continue for not more than 30 years, except as otherwise
100 provided ins. 288.11621. A certified applicant identified in

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101 this sub-subparagraph may not receive more in distributions than
102 expended by the applicant for the public purposes provided ins.
103 288 .1162 (5) or s. 288 .11621 (3).
104 c. Beginning 30 days after notice by the Department of
105 Economic Opportunity to the Department of Revenue that an
106 applicant has been certified as the professional golf hall of
107 fame pursuant to s. 288.1168 and is open to the public, $166,667
108 shall be distributed monthly, for up to 300 months, to the
109 applicant.
110 d. Beginning 30 days after notice by the Department of
111 Economic Opportunity to the Department of Revenue that the
112 applicant has been certified as the International Game Fish
113 Association World Center facility pursuant to s. 288.1169, and
114 the facility is open to the public, $83,333 shall be distributed
115 monthly, for up to 168 months, to the applicant. This
116 distribution is subject to reduction pursuant to s. 288.1169.
117 e. The department shall distribute up to $83,333 monthly
118 to each certified applicant as defined ins. 288.11631 for a
119 facility used by a single spring training franchise, or up to
120 $166,667 monthly to each certified applicant as defined ins.
121 288.11631 for a facility used by more than one spring training
122 franchise. Monthly distributions begin 60 days after such
123 certification or July 1, 2016, whichever is later, and continue
124 for not more than 20 years to each certified applicant as
125 defined ins. 288.11631 for a facility used by a single spring

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126 training franchise or not more than 25 years to each certified
127 applicant as defined ins. 288.11631 for a facility used by more
128 than one spring training franchise. A certified applicant
129 identified in this sub-subparagraph may not receive more in
130 distributions than expended by the applicant for the public
131 purposes provided in ·S. 288.11631(3).
132 f . Beginning 45 days after notice by the Department of
133 Economic Opportunity to the Department of Revenue that an
134 applicant has been approved by the Legislature and certified by
135 the Department of Economic Opportunity under s. 288.11625 or
136 upon a date specified by the Department of Economic Opportunity
137 as provided under s . 288 .1 1625 (6) (d), the department shall
138 distribute each month an amount equal to one twelfth of the
139 annual distribution amount certified by the Department of
140 Economic Opportunity for the applicant. The department fflay not
141 distribute more than $13 fflillion annually under this sub
142 subparagraph.
143 !..:_~ The department shall distribute $15,333 monthly to
144 the State Transportation Trust Fund.
145 7. All other proceeds must remain in the General Revenue
146 Fund.
147 Section 3. Subsection (2) and paragraph (c) of subsection
148 (3) of section 218.64, Florida Statutes, are amended to read:
149 218.64 Local government half-cent sales tax; uses;
150 limitations.-

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151 (2) Municipalities shall expend their portions of the
152 local government half-cent sales tax only for municipality-wide
153 programs, for reimbursing the state as requi r ed pursuant to s .
154 288 . 11625, or for municipality-wide property tax or municipal
155 utility tax relief. All utility tax rate reductions afforded by
156 participation in the local government half-cent sales tax shall
157 be applied uniformly across all types of taxed utility services.
158 (3) Subject to ordinances enacted by the majority of the
159 members of the county governing authority and by the majority of
160 the members of the governing authorities of municipalities
161 representing at least 50 percent of t he municipal population of
162 such county, counties may use up to $3 million annually of the
163 local government half-cent sales tax allocated to that county
164 for any of the following purposes:
165 (c) ReiFRbursing the state as requ ired under s. 288.11625 .
166 Section 4. Paragraph (e) of subsection (2) of section
167 288.0001, Florida Statutes, is amended to read:
168 288.0001 Economic Deve lopment Programs Evaluation.-The
169 Office of Economic and De mographi c Research a nd the Office of
170 Program Policy Analysis and Government Accountability (OPPAGA)
171 shall develop and present to the Governor, the President of the
172 Senate, the Speaker of the House of Representatives, and t h e
173 c hairs of the legislative a ppropria t i o ns committees t he Economic
174 Development Programs Evaluation.
175 ( 2) The Office of Economic and Demographic Research and

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176 OPPAGA shall provide a detailed analysis of economic development
177 programs as provided in the following schedule:
1 78 (c ) Begi n ning January 1, 20 1 8 , and every 3 years
179 thereafter , an analysis of the Sports DeYielopment Program
180 established under s. 288 . 11625 .
181 Section 5. Section 212 . 205, Florida Statutes, is amended
182 t o read:
183 212.205 Sales tax distribution reporting.-By March 15 of
184 each year, each person who received a distribution pursuant to
185 s. 21 2 . 2 0(6) (d)6.b. - e. s. 212.20(6) (d)6.b. f. in the preceding
186 c a lendar ye ar sha l l report to the Of fice o f Economic and
187 Demographic Research the following information:
188 (1) An itemized accounting of all expenditures of the
189 funds distributed in the pre ceding calendar year, including
190 a mounts spent on d e bt servi ce.
191 (2) A statement indicating what portion of the distributed
192 funds have been pledged for debt service.
193 (3) The original principal amount and c urrent debt service
194 schedul e of any bonds or other b orrowing f o r whi c h t he
195 distributed funds have been pledged for debt service.
196 Se c ti o n 6. This act shall take effe ct July 1, 2 021.

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