Ch.339

339.035 339.04

339.05 339.06

339.07

339.08

339.0805

339.081 339.09

339.091 339.12

339.121

339.125

339.135

339.145

339.147 339.155 339.175 339.177 339.24

339.2405 339.241 339.28

339.281

339.2815 339.401 339.402 339.403 339.404 339.405 339.406

339.407 339.408 339.409 339.410 339.411

TRANSPORTATION FINANCE AND PLANNING F.S. 1995

CHAPTER 339

TRANSPORTATION FINANCE AND PLANNING

Expenditures. Disposition of proceeds of sale or lease of

realty by the department. Assent to federal aid given. Authority of department to amortize

advancements from United States. National aid expended under supervision of

the department. Use of moneys in State Transportation Trust

Fund. Funds to be expended with certified disad­

vantaged business enterprises; specified percentage to be expended; construction management development program; bond guarantee program.

Department trust funds. Use of transportation tax revenues; restric­

tions. Declaration of legislative intent. Aid and contributions by governmental enti­

ties for rights-of-way, construction, or maintenance of roads in State Highway System; federal aid.

Aid and contribution by governmental enti­ties for public transportation projects.

Covenants to complete on revenue­producing projects.

Work program; legislative budget request; definitions; preparation, adoption, execu­tion, and amendment.

Working Capital Trust Fund; expenditure of such funds.

Audits by Auditor General. Transportation planning. Metropolitan planning organization. Transportation management programs. Beautification of state transportation facili-

ties. Florida Highway Beautification Council. Florida Junkyard Control Law. Willful and malicious damage to boundary

marks, guideposts, lampposts, etc. on transportation facility.

Damage to transportation facility by vessel; marine accident report; investigative authorities; penalties.

Purchase orders. Short title. Definitions. Legislative findings and purpose. Authorization of corporations. Type and structure of corporation; income. Contract between the department and the

corporation. Articles of incorporation. Board of directors; advisory directors. Bylaws. Notice of meetings; open records. Amendment of articles.

339.412 339.413 339.414 339.415 339.416 339.417 339.418

339.419 339.420 339.421

Powers of corporation. Audit of the corporation. Use of state property. Exemption from taxation. Authority to alter or dissolve corporation. Dissolution upon completion of purposes. Transfer of funds and property upon dissolu-

tion. Department rules. Construction. Issuance of debt.

339.035 Expenditures.-All expenditures by the department shall be made upon vouchers issued and certified by the department in such manner as the department may, by rule or internal management memo­randum as required by chapter 120, provide and shall be paid by warrants issued by the Comptroller upon the Treasurer.

History.-s. 19, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 202, ch. 84-309. Note.-Former s. 334.20.

339.04 Disposition of proceeds of sale or lease of realty by the department-Any money derived from the sale, lease, or conveyance of any property by the department shall be deposited into the State Treasury and placed in the State Transportation Trust Fund or other appropriate department trust fund as required by law or when needed to comply with bond covenants.

History.-s. 135, ch. 29965, 1955; s. 2, ch. 61-119; ss. 23, 35, ch. 69-106; s. 1, ch. 71-39; ss. 2, 3, ch. 73-57; s. 203, ch. 84-309; s. 47, ch. 93-164.

339.05 Assent to federal aid given.-The state hereby assents to the provisions of the Act of Congress approved July 11, 1916, known as the Federal Aid Law, which Act of Congress is entitled "An act to provide that the United States shall aid the states in the construction of rural post roads and for other purposes," and assents to all subsequent amendments to such Act of Congress and any other act heretofore passed or that may be hereafter passed providing for federal aid to the states for the construction of highways and other related proj­ects. The department is authorized to make application for the advancement of federal funds and to make all contracts and do all things necessary to cooperate with the United States Government in the construction of roads under the provisions of such Acts of Congress and all amendments thereto.

History.-s. 136, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 204, ch. 84-309.

339.06 Authority of department to amortize advancements from United States.-The department may set aside, from any revenues allocated to it by law, such sums as are necessary and sufficient to properly amortize any amount advanced under Act of Congress and to make suitable provision from year to year in its annual budget for such amortization.

History.-s. 137, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 205, ch. 84-309.

339.07 National aid expended under supervision of the department-All funds and all road building equip-

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F.S.1995 TRANSPORTATION FINANCE AND PLANNING Ch. 339

ment, supplies, and materials that have heretofore or may hereafter be apportioned to this state by Congress to aid and assist in road building shall be expended and used under the control and supervision of the depart­ment, and any and all expenses which are necessary to secure such equipment, supplies, and materials for the use of the state to be used on the roads under the super­vision of the department are authorized to be paid out of the State Transportation Trust Fund.

History.-s. 138, ch. 29965, 1955; s. 24, ch. 57-1: s. 2, ch 61-119; ss. 23, 35, ch. 69-106; SS. 2, 3, ch. 73-57; S. 206, ch. 84-309.

339.08 Use of moneys in State Transportation Trust Fund.-

(1) The department shall by rule provide for the expenditure of the moneys in the State Transportation Trust Fund accruing to the department, in accordance with its annual budget.

(2) These rules must restrict the use of such moneys to the following purposes:

(a) To pay administrative expenses of the depart­ment, including administrative expenses incurred by the several state transportation districts, but excluding administrative expenses of commuter rail authorities that do not operate rail service.

(b) To pay the cost of construction of the State High­way System.

(c) To pay the cost of maintaining the State Highway System.

(d) To pay the cost of public transportation projects in accordance with chapter 341 and ss. 332.003-332.007.

(e) To reimburse counties or municipalities for expenditures made on projects in the State Highway System as authorized by s. 339.12(4) upon legislative approval.

(f) To pay the cost of economic development trans­portation projects in accordance with s. 288.063.

(g) To lend or pay a portion of the capital costs of a revenue-producing transportation project that is located on the State Highway System or that is demon­strated to relieve traffic congestion on the State High­way System.

(h) To match any federal-aid funds allocated for any other transportation purpose, including funds allocated to projects not located in the State Highway System.

(i) To pay other lawful expenditures of the depart­ment.

(3) Unless specifically provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act, no moneys in the State Transportation Trust Fund may be used to fund the operational or capital outlay cost for any correctional facility of the Department of Corrections. The depart­ment shall, however, enter into contractual arrange­ments with the Department of Corrections for those spe­cific maintenance functions that can be performed effectively by prison inmates under the supervision of Department of Corrections personnel with technical assistance being provided by the department. The cost of such contracts must not exceed the cost that would be incurred by the department if these functions were to be performed by its personnel or by contract with

another entity unless, notwithstanding cost, the depart­ment can clearly demonstrate that for reasons of expedi· ency or efficiency it is in the best interests of the depart­ment to contract with the Department of Corrections.

(4) The department may authorize the investment of the earnings accrued and collected upon the investment of the minimum balance of funds required to be main­tained in the State Transportation Trust Fund pursuant to s. 339.135(7)(b). Such investment shall be limited as provided in s. 288.9607(7).

History.-s. 139, ch. 29965, 1955; s. 1, ch. 31416, 1956; s. 19, ch. s. 1, ch. 63-219; ss. 23, 35, ch. 69-106; s. 13, ch. 77-165; s. 4, ch 77-416; s. ch. 78-286; s. 118, ch 79-190; s. 2, ch. 80-312; s. 1, ch. 82-120; s. 38, ch 83-3; s. 1, ch. 83-346; ss 207, 213, ch. 84-309; ss. 70, 81, ch. 85-180; s. 6, ch. 87-93; s. 4. ch. 87-164; s. 45, ch. 88-201; s. 24, ch. 88-557; s. 71, ch. 92-152; s. 69, ch. 93-164; s. 42, ch. 93-187.

339.0805 Funds to be expended with certified dis­advantaged business enterprises; specified percent· age to be expended; construction management devel· opment program; bond guarantee program.-lt is the policy of the state to meaningfully assist socially and economically disadvantaged business enterprises through a program that will provide for the development of skills through construction and business manage­ment training, as well as by providing contracting oppor­tunities and financial assistance in the form of bond guarantees, to primarily remedy the effects of past eco­nomic disparity.

(1)(a) Except to the extent that the head of the department determines otherwise, the department shall expend not less than 10 percent of federal-aid highway funds as defined in 49 C.F.R. s. 23.63(a) and state matching funds with small business concerns owned and controlled by socially and economically disadvan­taged individuals as defined by the Surface Transporta­tion and Uniform Relocation Assistance Act of 1987.

(b) Upon a determination by the department of past and continuing discrimination in nonfederally funded projects on the basis of race, color, creed, national ori­gin, or sex, the department may implement a program tailored to address specific findings of disparity. The program may include the establishment of annual goals for expending a percentage of state-administered high­way funds with small business concerns. The depart­ment may utilize set-asides for small business concerns to assist in achieving goals established pursuant to this subsection. For the purpose of this subsection, "small business concern" means a business owned and con­trolled by socially and economically disadvantaged indi­viduals as defined by the Surface Transportation and Uniform Relocation Assistance Act of 1987. The head of the department may elect to set goals only when signifi­cant disparity is documented. The findings of a disparity study shall be considered in determining the program goals for each group qualified to participate. Such a study shall be conducted or updated by the department or its designee at a minimum of every 5 years. The department shall adopt rules to implement this subsec­tion on or before October 1, 1993.

(c) The department shall certify a socially and eco­nomically disadvantaged business enterprise, which certification shall be valid for 12 months, or as pre­scribed by 49 C.F.R. part 23. The department's initial application for certification for a socially and economi-

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Ch.339 TRANSPORTATION FINANCE AND PLANNING F.S. 1995

cally disadvantaged business enterprise shall require sufficient information to determine eligibility as a small business concern owned and controlled by a socially and economically disadvantaged individual. For recertification of a disadvantaged business enterprise, the department may accept an affidavit, which meets department criteria as to form and content, certifying that the business remains qualified for certification in accordance with program requirements. A firm which does not fulfill all the department's criteria for certifica­tion shall not be considered a disadvantaged business enterprise. An applicant who is denied certification may not reapply within 6 months after issuance of the denial letter or the final order, whichever is later. The applica­tion and financial information required by this section are confidential and exempt from s. 119.07(1 ). This exemp­tion from s. 119.07(1) is subject to the Open Government Sunset Review Act in accordance with 1s. 119.14.

(2) The department shall revoke the certification of a disadvantaged business enterprise upon receipt of notification of any change in ownership which results in the disadvantaged individual or individuals used to qual­ify the business as a disadvantaged business enter­prise, no longer owning at least 51 percent of the busi­ness enterprise. Such notification shall be made to the department by certified mail within 10 days after the change in ownership, and such business shall be removed from the certified disadvantaged business list until a new application is submitted and approved by the department. Failure to notify the department of the change in the ownership which qualifies the business as a disadvantaged business enterprise will result in revo­cation of certification and subject the business to the provisions of s. 337.135.

(3) The head of the department is authorized to expend up to 6 percent of the funds specified in subsec­tion (1) which are designated to be expended on small business firms owned and controlled by socially and economically disadvantaged individuals to conduct, by contract or otherwise, a construction management development program. Participation in the program will be limited to those firms which are certified under the provisions of subsection ( 1) by the department or the federal Small Business Administration or to any firm which has annual gross receipts not exceeding 2 million dollars averaged over a 3-year period. The program will consist of classroom instruction and on-the-job instruc­tion. To the extent feasible, the registration fee shall be set to cover the cost of instruction and overhead. Nosal­ary will be paid to any participant.

(a) Classroom instruction will consist of, but is not limited to, project planning methods for identifying per­sonnel, equipment, and financial resource needs; book­keeping; state bidding and bonding requirements; state and federal tax requirements; and strategies for obtain­ing loans, bonding, and joint venture agreements.

(b) On-the-job instruction will consist of, but is not limited to, setting up the job site; cash flow methods; project scheduling; quantity takeoffs; estimating; read­ing plans and specifications; department procedures on billing and payments; quality assessment and control methods; and bid preparation methods.

(c) Contractors who have demonstrated satisfactory project performance, as defined by the department, can be exempted from the provisions of paragraphs (a) and (b), but shall pay the registration fee and be validated as meeting the minimum curriculum standards of profi­ciency, in the same manner as participants who suc­cessfully complete the construction management devel­opment program only if they intend to apply for funds provided for in subsection (4).

(d) The department shall develop, under contract with the State University System, the community college system, a school district in behalf of its vocational­technical center, or a private consulting firm, a curricu­lum for instruction in the courses that will lead to a certifi­cation of proficiency in the construction management development program.

(4) The head of the department is authorized to expend up to 4 percent of the funds specified in subsec­tion (1) on a bond guarantee program for participants who are certified under subsection (1) and who meet the minimum curriculum standards of proficiency. The state will guarantee up to 90 percent of a bond amount of $250,000, or less, and 80 percent of a bond amount greater than $250,000, which bond is provided by an approved surety. However, in addition to the require­ments of paragraph (3)(c), a person participating in the bond guarantee program must place 5 percent of the contract amount in reserve with the department until final acceptance of the project, in order to receive a bond guarantee. The department shall not commit funds for this program which are in excess of those funds appropriated specifically for this purpose.

(5) Annually, the head of the department is required to report the progress of this program to the President of the Senate, the Speaker of the House of Representa­tives, and the Governor. The report shall include, as a minimum, the number of users of the bond guarantee plan, along with the number of defaults and dollar loss to the state; the number of students participating in the construction management development program by urban location; the number certified and not certified; the cost of the program categorized by cost of adminis­tration, cost of instruction (on-the-job and classroom), and cost of supplies; and a comparison figure of those firms certified by the department under subsection (1) over the year, and the same figure for socially and eco­nomically disadvantaged contractors prequalified to perform prime contracting work for the department.

History.-s. 208, ch. 84-309; s. 1, ch. 84-370; s. 22, ch. 85-180; s. 7, ch. 87-93; s. 16, ch. 90-227; s. 29, ch. 93-164; s. 501, ch. 95-148.

1Note.-A. Repealed bys. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that "[n]otwithstanding any provision of law

to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Flor­ida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the oper­ation of that act, after October 1, 1995."

339.081 Department trust funds.-The Comptroller shall maintain within the State Treasury the following trust funds for the department:

(1) The State Transportation Trust Fund, to which shall be credited the proceeds of the gas tax as author­ized by chapter 83-3, Laws of Florida, and such other funds which accrue to the department which are not required to be maintained in separate trust funds.

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F.S. 1995 TRANSPORTATION FINANCE AND PLANNING Ch. 339

(2) The Working Capital Trust Fund created by s. 339.145 for the efficient operation of the department.

(3) Such other funds as may be authorized by bond resolutions or agreements with any other public bodies or agencies.

History.-s. 1, ch. 61-492; SS. 23, 35, ch. 69-106; SS. 2, 3, ch. 73-57; SS. 39. 58, ch. 83-3; s. 208, ch. 84-309; s. 72, ch. 85-180.

339.09 Use of transportation tax revenues; restric­tions.-

(1) Funds available to the department shall not be used for any nontransportation purpose. However, the department shall construct and maintain roads, parking areas, and other transportation facilities adjacent to and within the grounds of state institutions, public commu­nity colleges, farmers' markets, and wayside parks upon request of the proper authorities.

(2) The department may, in cooperation with the Federal Government, expend transportation tax reve­nues pursuant to rules adopted by the department, for control of undesirable rodents, relocation assistance and moving costs of persons displaced by highway con'. struction to the extent, but only to the extent, required by federal law to be undertaken by the state to continue to be eligible for federal highway funds.

(3) The department may expend transportation tax revenues, pursuant to rules adopted by the department, on non-federal-aid projects which shall include relocation assistance and moving costs to persons dis­placed by transportation facilities or other related proj­ects. Such rules shall, in no case, exceed the provisions of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The department has the author­ity to carry out its responsibilities under this act; how­ever, such authority does not extend to the power of eminent domain. Whenever possible, such costs shall be financed out of funds used for the principal project.

Hlatory.-s. 140, ch. 29965, 1, ch. 63-385; s. 1, ch. 69-233; ss. 17, 23, 35. ch. 69-106; s. 7, ch. 70-239; s. 72-208; s. 70, ch. 72-221; s. 1, ch. 73-283; s. 1, ch. 77-174; ss. 57, 209, ch. s. 1. ch. 89-209.

339.091 Declaration of legislative intent.-lt is the intent of the Legislature to recognize that safe and effi­cient transportation is a matter of important interest to all the people of the state, and it determines and declares that:

(1) It is in the interest of the state to have a continu­ing program within the designated boundaries of urban areas designed to reduce traffic congestion and to facili­tate the flow of traffic, and that it is necessary to provide funds for such purposes.

cash, bond proceeds, time warrants, or other goods or services of value.

(2) The department may accept and receive any such aid and contributions and dispose of and use the same for any project or project phase, including, but not limited to, preliminary engineering, design, acquisition of rights-of-way, construction, or maintenance of such state roads. The Executive Office of the Governor is authorized to amend the department's budget and adopted work program in the appropriate categories to utilize contributions received.

(3) In case any such aid or contribution is given or made by any governmental entity, such aid or contribu­tion shall be used by the department only for the project or project phase or maintenance of such state roads as are designated and agreed upon by the department and the governing body of the governmental entity.

(4)(a) Prior to accepting the contribution of road bond proceeds, time warrants, or cash for which reim­bursement is sought, the department shall enter into agreements with the governing body of the governmen­tal entity for the project or project phases of the roads and bridges in accordance with specifications agreed upon between the department and the governing body of the governmental entity. The department in no instance is to receive from such governmental entity an amount in excess of the actual cost of the project or proj­ect phase of such state roads. By specific provision in the written agreement between the department and the governing body of the governmental entity, the depart­ment may agree to reimburse the governmental entity for the actual amount of the bond proceeds, time war­rants, or cash used on a project or project phases in the State Highway System that are not revenue producing and are contained in the department's adopted work program. Subject to appropriation of funds by the Legis­lature, the department may commit state funds for reim­bursement of such projects or project phases in the State Highway System. Reimbursement to the govern­mental entity for such a project or project phase must be ma.de from funds appropriated by the Legislature, and reimbursement for the cost of the project or project phase is to begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Funds advanced pursuant to this section, which were originally designated for transportation pur­poses and so reimbursed to a county or municipality, shall be used by the county or municipality for any trans­portation expenditure authorized under s. 336.025(7). Also, cities and counties may receive funds from per­sons, and reimburse those persons, for the purposes of this section. Such persons may include, but are not lim­ited to, those persons defined in 2s. 607.108(1)(1).

(b) Prior to entering an agreement to advance a proj­ect or project phase pursuant to this subsection and

1339.12 Aid and contributions by governmental enti- subsection (5), the department shall first update the ties for rights-of-way, construction, or maintenance of estimated cost of the project or project phase and cer­roads in State Highway System; federal aid.- tify that the estimate is accurate and consistent with the

(2) Programs such as "Urban Traffic Operation Pro­gram for Increasing Capacity and Safety," referred to herein as TOPICS, are cooperative programs to be financed by the federal, state, and local governments.

Hlstory.-s. 1, ch. 71-216.

(1) Any governmental entity may aid in any project amount estimated in the adopted work program. If the or project phase, including, but not limited to, prelimi- original estimate and the updated estimate vary, the nary engi~eering, design, acquisition of rights-of-way, department shall amend the adopted work program construction, or maintenance of any road on the State according to the amendatory procedures for the work Highway System, by contributions to the department of program set forth ins. 339.135(7). The amendment shall

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Ch. 339 TRANSPORTATION FINANCE AND PLANNING F.S.1995

reflect all corresponding increases and decreases to the affected projects within the adopted work program.

(5) The department and the governing body of a governmental entity may enter into an agreement by which the governmental entity agrees to perform a proj­ect or project phase in the department's adopted work program for a road in the State Highway System that is not revenue producing. By specific provision in the writ­ten agreement between the department and the govern­ing body of the governmental entity, the dep11rtment may agree to reimburse the governmental entity the actual cost of preliminary engineering, project design, acquisition of the right-of-way necessary for the proj­ect, construction engineering inspection, or the con­struction contract for the project or project phase con­tained in the adopted work program. Reimbursement to the governmental entity for such project or project phases must be made from funds appropriated by the Legislature, and reimbursement for the cost of the proj­ect or project phase is to begin in the year the project or project phase is scheduled in the work program as of the date of the agreement.

(6) The department may propose and obtain the designation of any of the roads and bridges to be con­structed as a federal-aid project and obtain reimburse­ment from the United States in accordance with existing regulations. If federal-aid funds are used, governmental entities other than the department are prohibited from performing projects or project phases authorized in sub­section (5), unless the entity is qualified and authorized by the Federal Highway Administration to perform the appropriate project phase.

(7) The federal-aid money obtained under subsec­tion (6) shall first be applied to the completion of the roads for which the bonds have been voted, if the money from the bonds is not sufficient therefor; and any residue shall be expended in the acquisition of rights-of-way or the construction of any state road that the department and the governing body of the governmental entity may agree upon.

(8) The financial provisions of any agreement that are made in accordance with the provisions of this sec­tion shall be approved by the department comptroller.

(9) Notwithstanding any other provision of law, prior to commencement of the project or project phase, gov­ernmental entities are authorized to release control of such contributions to the department, pursuant to a writ­ten agreement between the governmental entity and the department.

History.-s. 143. ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 1, ch. 75-146; s. 2. ch. 78-286; s. 212, ch. 84-309; s. 5, ch. 87-164; s. 2, ch. 89-160; s. 14, ch. 89-301; s. 37. ch. 90-136; ss. 10, 12. ch. 90-227; s. 92, ch. 92-152; s. 30, ch. 93-164.

•Note.-Repealed effective October 1, 1996, bys. 12, ch. 90-227, and scheduled for review by the Legislature. •Note.-Repealed bys. 189, ch. 90-179.

1339.121 Aid and contribution by governmental enti­ties for public transportation projects.-

( 1) A governmental entity may also aid in right-of­way, capital acquisition, construction, or construction­related expenses of any public transportation project. Such aid may be in the form of cash, bond proceeds, time warrants, or goods and services. By specific provi­sions in a written agreement between the department and the governmental entity, the department may agree

to reimburse the governmental entity for the full amount of the cash, bond proceeds, time warrants, and/or direct goods and services provided for use on a project or proj­ect phase that is contained in the department's adopted work program. Reimbursement to the governmental entity for such project or project phase must be made from funds appropriated by the Legislature, and reim­bursement for the entire amount of the cash, bond pro­ceeds, time warrants, or direct cost of goods and ser­vices provided for the project or project phase is to begin in the year the project or project phase is sched­uled in the adopted work program.

(2) The financial provisions of any agreement that are made in accordance with the provisions of this sec­tion shall be approved by the department comptroller.

(3) Notwithstanding any other provision of law, prior to commencement of the project or project phase, gov­ernmental entities are authorized to release control of such contributions to the department, pursuant to a writ· ten agreement between the governmental entity and the department.

Hlatory.-ss. 11, 12, ch. 90-227: s. 31, ch. 93-164. 'Note.-Expires October 1, 1996, pursuant to s 12, ch. 90-227, and is scheduled

for review by the Legislature.

339.125 Covenants to complete on revenue­producing projects.-

(1) The department may advance available funds for the preparation of preliminary engineering plans with valid cost estimates, which plans and estimates shall be completed prior to the issuance of any bonds on all reve­nue-producing transportation projects. However, the department shall be reimbursed for the costs incurred for such preparation from the proceeds of the bond issue.

(2) The department shall not use or pledge the mon­eys in the State Transportation Trust Fund on any reve­nue-producing transportation project without legislative approval. This limitation on pledging such moneys shall in no way impair the ability of the department or the counties to enter into covenants to complete transporta­tion projects from all other legally available funds.

(3) No state bonds shall be sold for any revenue­producing transportation project if the proceedings authorizing such bonds include a covenant to complete by the department from the moneys in the State Trans­portation Trust Fund until the department has made cost estimates based on the most current information available after approval of the final environmental impact statement for such project and has determined based on such estimates that the projected available funds for any such project, excluding the use of such moneys pur­suant to a covenant to complete, are sufficient to pay for such project. Toll increases of 20 percent every fifth year or as determined by the Division of Bond Finance may be used in conjunction with the calculation of projected available funds. No additions shall be made to any reve­nue-producing project for which a covenant to com­plete from such moneys has been made which would expand the scope of such project unless such additions are specifically approved by the Legislature. For the pur­poses of this subsection, the term "project scope• means the terminal points, the number of interchanges, and grade separations as approved by the Legislature.

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F.S. 1995 TRANSPORTATION FINANCE AND PLANNING Ch. 339

No contingency funds in the construction trust fund for any revenue-producing project for which a covenant to complete from such moneys has been made shall be expended for any purpose other than such project until the completion of such project; however, such funds may be expended for other purposes if permitted by the proceedings authorizing such bonds and if the depart­ment certifies to the Executive Office of the Governor that such contingency funds are not required for the completion of the project and are available and sufficient for such other purposes and the Executive Office of the Governor approves such certification in writing to the department.

(4) In any lease-purchase agreement or trust inden­ture, which includes a covenant to complete by the department from the moneys in the State Transportation Trust Fund, the department shall provide for the expeditious repayment of any and all costs incurred by the department as a result of the covenant to complete the transportation project. Such agreements shall pro­vide for such repayment from excess tolls or constitu­tional gas tax proceeds not required for payment of prin­cipal, interest, reserves, and other required deposits for the bonds and for the annual reimbursement from tolls or other local moneys or both, to the extent legally avail­able, of all operating and maintenance costs of the facili­ties, as provided by the applicable provisions of the State Constitution and the bond proceedings. A lease­purchase agreement must also include a statement that changes to the operating characteristics of the project toll-collection system cannot be made without the con­currence of the department, if such changes would affect department personnel and finances.

(5) The provisions of subsections (3) and (4) do not apply to any revenue-producing project approved by the Legislature prior to July 1, 1978.

History.-s. 213, ch. 84-309; s. 23, ch. 85-180.

339.135 Work program; legislative budget request; definitions; preparation, adoption, execution, and amendment.-

(1) DEFINITIONS.-As used in this section, the term: (a) "Fiscal year" of the department means the period

beginning July 1 of each year and ending June 30 of the succeeding year. Such fiscal year constitutes a budget year for all operating funds of the department.

(b) "District work program" means the 5-year listing of transportation projects planned for each fiscal year which is prepared by each of the districts and which must be submitted to the central office for review and development of the tentative work program.

(c) "Tentative work program" means the 5-year list­ing of all transportation projects planned for each fiscal year which is developed by the central office based on the district work programs.

(d) "Adopted work program" means the 5-year work program adopted by the department as provided in sub­section (5).

(2) SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS. -

(a) The department shall file the legislative budget request in the manner required by chapter 216, setting

forth the department's proposed revenues and expendi­tures for operational and fixed capital outlay needs to accomplish the objectives of the department in the ensuing fiscal year. The right-of-way, construction, pre­liminary engineering, maintenance, and all grants and aids programs of the department shall be set forth only in program totals. The legislative budget request must include a balanced 36-month forecast of cash and expenditures and a 5-year finance plan. The legislative budget request shall be amended to conform to the ten­tative work program. The department may amend its legislative budget request and the tentative work pro­gram based on the most recent revenue estimate by the Transportation Estimating Conference and the most recent federal aid apportionments.

(b) Upon the written request by the President of the Senate and the Speaker of the House of Representa­tives, the department shall prepare a list of projects, from the transportation needs identified pursuant to this paragraph, that meet the following criteria:

1. The project can be made production-ready within the 5 fiscal years following the end of the current fiscal year.

2. The project is not included in the current adopted work program or in the tentative work program to be submitted by the department for the next fiscal year.

3. The project is included in the transportation improvement program of any metropolitan planning organization within whose boundaries the project is located in whole or in part.

4. The project is not inconsistent with an approved local comprehensive plan of any local government within whose boundaries the project is located in whole or in part, or, if inconsistent, is accompanied by an explana­tion of why the inconsistency should be undertaken.

(c) The department shall submit the list of projects prepared pursuant to this subsection to the legislative appropriations committees, together with the following plans and reports:

1 . An enhanced program and resource plan that adds the list of projects and required support costs to the projects and other programs of the tentative work program required to be submitted by the department pursuant to this section.

2. A variance report comparing the enhanced plan with the plan for the tentative work program covering the same period of time.

3. A 36-month cash forecast identifying the addi-tional revenues needed to finance the enhanced plan.

(3) NATURE AND SCOPE OF THE TENTATIVE AND ADOPTED WORK PROGRAMS.-

(a) The tentative and adopted work programs required by subsections (4) and (5) shall be based on a complete, balanced financial plan for the State Trans­portation Trust Fund and the other funds managed by the department. The tentative and adopted work pro­grams shall set forth the proposed commitments and planned expenditures, respectively, of the department classified by major program and fixed capital appropria­tion categories to accomplish the objectives of the department included in the program and resource plan of the Florida Transportation Plan required in s. 339.155.

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(b) The tentative and adopted work programs for the State Transportation Trust Fund and other funds man­aged by the department, except as otherwise provided by law, must be so planned as to deplete the estimated resources of each fund for the fiscal year. An emergency reserve may be requested in the legislative budget request for the purpose of performing emergency work necessary during the fiscal year in order to prevent the stoppage of travel over any transportation facility over which the department has jurisdiction and control.

(c) No anticipated funds estimated to be received from various federal-aid acts of Congress shall be bud­geted in excess of the amount which may be earned by the amount of state funds set aside to match such fed­eral aid; and the state funds thus set aside to match fed­eral-aid funds shall be used only for such matching pur­poses. The department shall, prior to the preparation of the tentative work program, ascertain the amount of apportionments of federal-aid funds which are esti­mated to be available to the department for expenditure in the fiscal years for which the tentative work program is prepared; and the department shall budget sufficient funds for matching purposes.

(d) The department is not required to match federal­aid funds that are allocated for use on a project that is not on the State Highway System. If a metropolitan plan­ning organization allocates available federal-aid funds for a project that is not on the State Highway System, the department may not provide more than 50 percent of the nonfederal share, except that, notwithstanding the provisions of s. 341.051, the department may pro­vide 100 percent of the nonfederal share of a transit proj­ect or transit-related project that is funded under the federal Congestion Mitigation and Air Quality Attainment Program.

(4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-

(a) To assure that no district or county is penalized for local efforts to improve the State Highway System, the department shall, for the purpose of developing a tentative work program, allocate funds for new construc­tion to the districts, except for the turnpike district, based on equal parts of population and motor fuel tax collections. Funds for resurfacing, bridge repair and rehabilitation, bridge fender system construction or repair, public transit projects except public transit block grants as provided in s. 341.052, and other programs with quantitative needs assessments shall be allocated based on the results of these assessments. The depart­ment may not transfer any funds allocated to a district under this paragraph to any other district except as pro­vided in subsection (7). Funds for public transit block grants shall be allocated to the districts pursuant to s. 341.052.

(b)1. A tentative work program, including the ensu­ing fiscal year and the successive 4 fiscal years, shall be prepared for the State Transportation Trust Fund and other funds managed by the department, unless other­wise provided by law. The tentative work program shall be based on the district work programs and shall set forth all projects by phase to be undertaken during the ensuing fiscal year and planned for the successive 4 fis­cal years. The total amount of the liabilities accruing in

each fiscal year of the tentative work program may not exceed the revenues available for expenditure during the respective fiscal year based on the cash forecast for that respective fiscal year.

2. The tentative work program shall be developed in accordance with the Florida Transportation Plan required in s. 339.155 and must comply with the pro­gram funding levels contained in the program and resource plan.

3. The tentative work program must specifically identify advanced right-of-way acquisition projects and must separately allocate funds for advanced right-of­way acquisition phases in each fiscal year, as provided in s. 337.276. Each right-of-way phase that is to be funded through these programs shall be specifically identified in the work program, and the year, if known, in which construction utilizing the right-of-way is pro­jected to begin shall be identified.

4. The department may include in the tentative work program proposed changes to the programs con­tained in the previous work program adopted pursuant to subsection (5); however, the department shall mini­mize changes and adjustments that affect the schedul­ing of project phases in the 4 common fiscal years con­tained in the previous adopted work program and the tentative work program. The department, in the develop­ment of the tentative work program, shall advance by 1 fiscal year all projects included in the second year of the previous year's adopted work program, unless the sec­retary specifically determines that it is necessary, for specific reasons, to reschedule or delete one or more projects from that year. Such changes and adjustments shall be clearly identified, and the effect on the 4 com­mon fiscal years contained in the previous adopted work program and the tentative work program shall be shown. It is the intent of the Legislature that the first 3 years of the adopted work program stand as the commitment of the state to undertake transportation projects that local governments may rely on for planning purposes and in the development and amendment of the capital improvements elements of their local government com­prehensive plans.

5. The tentative work program must include a bal-anced 36-month forecast of cash and expenditures and a 5-year finance plan supporting the tentative work pro­gram.

(c)1. For purposes of this section, the board of county commissioners shall serve as the metropolitan planning organization in those counties which are not located in a metropolitan planning organization and shall be involved in the development of the district work pro­gram to the same extent as a metropolitan planning organization.

2. The district work program shall be developed cooperatively from the outset with the various metropoli­tan planning organizations of the state and include, to the maximum extent feasible, the transportation improvement programs of metropolitan planning organi­zations, and changes to the improvement programs that have been submitted to the department at least 120 days prior to the submission of the tentative work pro­gram to the Florida Transportation Commission.

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3. Prior to submittal of the district work program to the central office, the district shall provide the affected metropolitan planning organization with written justifica­tion for any project proposed to be rescheduled or deleted from the district work program which project is part of the metropolitan planning organization's trans­portation improvement program and is contained in the last 4 years of the previous adopted work program. By no later than 14 days after submittal of the district work program to the central office, the affected metropolitan planning organization may file an objection to such rescheduling or deletion. When an objection is filed with the secretary, the rescheduling or deletion shall not be included in the district work program unless the inclu­sion of such rescheduling or deletion is specifically approved by the secretary. The Florida Transportation Commission shall include such objections in its evalua­tion of the tentative work program only when the secre­tary has approved the rescheduling or deletion.

(d) Prior to the submission of the district work pro­gram to the central office, each district office shall hold a public hearing in at least one urbanized area in the dis­trict and shall make a presentation at a meeting of each metropolitan planning organization in the district to determine the necessity of making any changes to proj­ects included or to be included in the district work pro­

Department of Community Affairs shall transmit to the Florida Transportation Commission a list of those proj­ects and project phases contained in the tentative work program which are identified as being inconsistent with approved local government comprehensive plans. For urbanized areas of metropolitan planning organizations, the list may not contain any project or project phase that is scheduled in a transportation improvement program unless such inconsistency has been previously reported to the affected metropolitan planning organization. The commission shall consider the list as part of its evalua­tion of the tentative work program conducted pursuant to s. 20.23.

(g) The Florida Transportation Commission shalt conduct a statewide public hearing on the tentative work program and shall advertise the time, place, and purpose of the hearing in the 1Florida Administrative Weekly at least 7 days prior to the hearing. As part of the statewide public hearing, the commission shall, at a minimum:

1. Conduct an in-depth evaluation of the tentative work program as required in s. 20.23 for compliance with applicable laws and departmental policies; and

2. Hear all questions, suggestions, or other com-ments offered by the public.

gram and to hear requests for new projects to be added By no later than 14 days after the regular legislative ses­to, or existing projects to be deleted from, the district sion begins, the commission shall submit to the Execu­work program. However, the district and metropolitan tive Office of the Governor and the legislative appropria­planning organization shall minimize changes to, dele- tions committees a report that evaluates the tentative tions from, or adjustments to projects or project phases work program for: contained in the 4 common years of the previous a. Financial soundness; adopted work program and the district work program. b. Stability; The district shall provide the metropolitan planning orga- c. Production capacity; nization with a written explanation for any project which d. Accomplishments, including compliance with is contained in the metropolitan planning organization's program objectives ins. 334.046; transportation improvement program and which is not e. Compliance with approved local government included in the district work program. The metropolitan comprehensive plans; planning organization may request in writing to the f. Objections and requests by metropolitan plan-appropriate district secretary further consideration of ning organizations; any specific project not included or not adequately g. Policy changes and effects thereof; addressed in the district work program. The district sec- h. Identification of statewide or regional projects; retary shall acknowledge and review all such requests and prior to the submission of the district work program to i. Compliance with all other applicable laws. the central office and shall forward a copy of such (h) Following evaluation by the Florida Transporta-requests to the secretary and the Florida Transportation tion Commission, the department shall submit the tenta­Commission. The commission shall include such tive work program to the Executive Office of the Gover­requests in its evaluation of the tentative work program. nor and the legislative appropriations committees no

(e) Following submission of each district work pro- later than 14 days after the regular legislative session gram to the central office, the department shall develop begins. the tentative work program based on the district work (5) ADOPTION OF THE WORK PROGRAM.-The programs, review the individual district work programs original approved budget for operational and fixed capi­for compliance with the work program instructions pre- tal expenditures for the department shall be the Gover­pared by the department, and ensure that the tentative nor's budget recommendation and the first year of the work program complies with the requirements of para- tentative work program, as both are amended by the graph (b). General Appropriations Act and any other act containing

(f) The central office shall submit a preliminary copy appropriations. In accordance with the appropriations of the tentative work program to the Executive Office of act, the department shall, prior to the beginning of the the Governor, the legislative appropriations committees, fiscal year, adopt a final work program which shall only the Florida Transportation Commission, and the Depart- include the original approved budget for the department ment of Community Affairs at least 14 days prior to the for the ensuing fiscal year together with any roll forwards convening of the regular legislative session. Prior to the approved pursuant to paragraph (6)(c) and the portion statewide public hearing required by paragraph (g), the of the tentative work program for the following 4 fiscal

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Ch.339 TRANSPORTATION FINANCE AND PLANNING F.S. 1995

years revised in accordance with the original approved budget tor the department tor the ensuing fiscal year together with said roll forwards. The adopted work pro­gram may include only those projects submitted as part of the tentative work program developed under the pro­visions of subsection (4) plus any projects which are separately identified by specific appropriation in the General Appropriations Act and any roll forwards approved pursuant to paragraph (6)(c). However, any transportation project of the department which is identi­fied by specific appropriation in the General Appropria­tions Act shall be deducted from the funds annually dis­tributed to the respective district pursuant to paragraph (4)(a). In addition, the department shall not in any year include any project or allocate funds to a program in the adopted work program that is contrary to existing law for that particular year. Projects shall not be undertaken unless they are listed in the adopted work program.

(6) EXECUTION OF THE BUDGET.-(a) The department, during any fiscal year, shall not

expend money, incur any liability, or enter into any con­tract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such con­tract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid tor in succeeding fiscal years; and this para­graph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year.

(b) In the operation of the State Transportation Trust Fund, the department shall have on hand at the close of business, which closing shall not be later than the 10th calendar day of the month following the end of each quarter of the fiscal year, an available cash balance (which shall include cash on deposit with the treasury and short-term investments of the department) equiva­lent to not less than $50 million, or 5 percent of the unpaid balance of all State Transportation Trust Fund obligations at the close of such quarter, whichever amount is less. In the event that this cash position is not maintained, no further contracts or other fund commit­ments shall be approved, entered into, awarded, or exe­cuted until the cash balance, as defined above, has been regained.

(c) Notwithstanding the provisions of ss. 216.301(3) and 216.351, any unexpended balance remaining at the end of the fiscal year in the appropriations to the depart­ment for special categories; aid to local governments; lump sums for project phases which are part of the adopted work program, and for which contracts have been executed or bids have been let; and for right-of­way land acquisition and relocation assistance for par­cels from project phases in the adopted work program for which appraisals have been completed and

approved, may be certified forward as fixed capital out­lay under the provisions of s. 216.301 (2)(a). Any project phases in the adopted work program not certified for­ward under the provisions of s. 216.301(2)(a) shall be available for roll forward for the next fiscal year of the adopted work program. Spending authority associated with such project phases may be rolled forward to the next fiscal year pursuant to paragraph (f). Any project phase certified forward for which bids have been let but subsequently rejected shall be available tor roll forward in the adopted work program for the next fiscal year. Spending authority associated with such project phases may be rolled forward into the current year from funds certified forward pursuant to paragraph (f). The amount certified forward may include contingency allowances for right-of-way acquisition and relocation, asphalt and petroleum product escalation clauses, and contract overages, which allowances shall be separately identi­fied in the certification detail. Right-of-way acquisition and relocation and contract overages contingency allowances shall be based on documented historical patterns. These contingency amounts shall be incorpo­rated in the certification for each specific category, but when a category has an excess and another category has a deficiency, the Executive Office of the Governor is authorized to transfer the excess to the deficient account.

(d) The department shall allocate resources pro­vided in the General Appropriations Act to the districts prior to July 31 of each year. The allocation shall be promptly reported to the Executive Office of the Gover­nor and the legislative appropriations committees, and all subsequent amendments shall be reported promptly to the secretary of the department.

(e) This subsection does not apply to any bonds issued on behalf of the department pursuant to the State Bond Act.

(f) Notwithstanding the provisions of ss. 216.181(1 ), 216.292, and 216.351, the Executive Office of the Gover­nor may amend that portion of the department's original approved fixed capital outlay budget which comprises the work program pursuant to subsection (7). Increase in spending authority in paragraph (c) shall be limited to amounts of unexpended balances by appropriation cat­egory.

(7) AMENDMENT OF THE ADOPTED WORK PRO­GRAM.-

(a) Notwithstanding the provisions of ss. 216.181(1), 216.292, and 216.351, the adopted work program may be amended only pursuant to the provisions of this sub­section.

(b) The department may not transfer any funds for any project or project phase between department dis­tricts. However, a district secretary may agree to a loan of funds to another district, if:

1. The funds are used solely to maximize the use or amount of funds available to the state;

2. The loan agreement is executed in writing and is signed by the district secretaries of the respective dis­tricts;

3. Repayment of the loan is to be made within 3 years after the date on which the agreement was entered into; and

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4. The adopted work program of the district loaning the funds would not be substantially impaired if the loan were made, according to the district secretary.

The loan constitutes an amendment to the adopted work program and is subject to the procedures specified in paragraph (c).

(c) The department may amend the adopted work program to transfer appropriations within the depart­ment, except that the following amendments shall be subject to the procedures in paragraph (d):

1 . Any amendment which deletes any project or project phase;

2. Any amendment which adds a project estimated to cost over $150,000 in funds appropriated by the Leg­islature;

3. Any amendment which advances or defers to another fiscal year, a right-of-way phase, a construction phase, or a public transportation project phase esti­mated to cost over $500,000 in funds appropriated by the Legislature, except an amendment advancing or deferring a phase for a period of 90 days or less; or

4. Any amendment which advances or defers to another fiscal year, any preliminary engineering phase or design phase estimated to cost over $150,000 in funds appropriated by the Legislature, except an amendment advancing or deferring a phase for a period of 90 days or less.

(d)1. Whenever the department proposes any amendment to the adopted work program, which amendment is defined in subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or subparagraph (c)4., it shall submit the proposed amend­ment to the Governor for approval and shall immediately notify the chairs of the legislative appropriations commit­tees, the chairs of the legislative transportation commit­tees, each member of the Legislature who represents a district affected by the proposed amendment, each metropolitan planning organization affected by the pro­posed amendment, and each unit of local government affected by the proposed amendment. Such proposed amendment shall provide a complete justification of the need for the proposed amendment.

2. The Governor shall not approve a proposed amendment until 14 days following the notification required in subparagraph 1.

3. If either of the chairs of the legislative appropria­tions committees or the President of the Senate or the Speaker of the House of Representatives objects in writ­ing to a proposed amendment within 14 days following notification and specifies the reasons for such objection, the Governor shall disapprove the proposed amend­ment or shall submit the proposed amendment to the Administration Commission. The proposed amendment may be approved by the Administration Commission by a two-thirds vote of the members present with the Gov­ernor voting in the affirmative. In the absence of approval by the commission, the proposed amendment shall be automatically disapproved.

(e) Notwithstanding the requirements in paragraph (d) and ss. 216.177(2) and 216.351, the secretary may request the Executive Office of the Governor to amend the adopted work program when an emergency exists,

as defined in 2s. 252.34(3), and the emergency relates to the repair or rehabilitation of any state transportation facility. The Executive Office of the Governor may approve the amendment to the adopted work program and amend that portion of the department's approved budget in the event that the delay incident to the notifi­cation requirements in paragraph (d) would be detrimen­tal to the interests of the state. However, the depart­ment shall immediately notify the parties specified in paragraph (d) and shall provide such parties written jus­tification for the emergency action within 7 days of the approval by the Executive Office of the Governor of the amendment to the adopted work program and the department's budget. In no event may the adopted work program be amended under the provisions of this sub­section without the certification by the comptroller of the department that there are sufficient funds available pur­suant to the 36-month cash forecast and applicable statutes.

(f) The department may authorize the investment of the earnings accrued and collected upon the investment of the minimum balance of funds required to be main­tained in the State Transportation Trust Fund pursuant to paragraph (b). Such investment shall be limited as provided in s. 288.9607(7).

HlstQIY.-S. 20, ch. 29965, 1955; s. 9. ch. 57-318; s. 1. ch. 61-80; ss. 2, 3, ch. 67-371; s. 1, ch. 69-396; SS. 23. 35, ch. 69-106; SS. 1, 2, ch. 70-996; s. 1, ch. 72-66; ss. 2, 3, ch. 73-58; s. 1, ch. 75-3; s. 1, ch. 82-31; s. 1, ch. 83-232; s. 214, ch. 84-309; s. 1, ch.84-332; s.24, ch 85-180; s. 36,ch.86-243; s. 1, ch.87-131; s. 3, ch. 86-247; s. 26. ch 88-557; s. 4, ch. 89-301; ss. 35, 119, ch. 90-136; s. 37, ch. 91-109; s. 3, ch. 91-272; s. 89, ch. 92-152; ss. 5, 13, 23, ch. 93-164; s. 43, ch. 93-187; s. 2, ch. 94-237; s. 972, ch. 95-148; s. 51, ch. 95-257.

1 Note. - The word "Florida" was added by the editors to conform lo tiUe of the pub­lication.

•Note.-Substltuted by the editors for a reference to s. 252.34(2) pursuant to the redesignation of subsections by s. 10, ch. 93-211.

Note.-Former s. 334.21

339.145 Working Capital Trust Fund; expenditure of such funds.-There is created a Working Capital Trust Fund, into which fund shall be deposited an amount deemed necessary by the department and approved by the Executive Office of the Governor for the efficient operation of the department. Such amount may be obtained from any trust fund or funds under the con­trol and custody of the department. The Working Capital Trust Fund may be used to pay any and all bills of the department; however, in the succeeding month, the appropriate trust fund shall reimburse the Working Capi­tal Trust Fund for all expenditures properly attributable to such reimbursing trust fund.

History.-s. 1, ch. 72-67; s. 117, ch. 79-190; s. 2, ch. 83-232; s. 215, ch. 84-309; s. 46, ch 93-164; s. 46, ch. 94-237.

Note.-Former s. 334.2105.

339.147 Audits by Auditor General.-The depart­ment is authorized to reimburse the Auditor General for the expense of any audit of the department when the funding of such audit is specifically provided for in the appropriations act. A copy of any such audit shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives for the use and benefit of the members of the Legislature.

History.-s. 22, ch. 29965, 1955; s. 8, ch. 69--82; ss. 23, 35, ch. 69--106; s. 216, ch. 84-309.

Note.-Former s. 334.23.

339.155 Transportation planning.-The depart­ment shall develop and annually update a statewide

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Ch.339 TRANSPORTATION FINANCE AND PLANNING F.S. 1995

transportation plan, to be known as the Florida Trans­portation Plan. The plan shall be designed so as to be easily read and understood by the general public.

(1) PURPOSE.-The purpose of the Florida Trans­portation Plan is to establish the long-range goals of the department to be accomplished over a period of at least 20 years within the context of the State Comprehensive Plan and any other statutory mandates and authoriza­tions given to the department. The plan shall define the relationship between the long-range goals and the short-range objectives, and specify those objectives against which the department's achievement of such goals will be measured. The plan shall provide a policy framework within which the department's legislative budget request, the strategic information resource man­agement plan, and the work program are developed.

(2) DEVELOPMENT CRITERIA.-The Florida Trans­portation Plan shall consider the needs of the entire state transportation system, examine the use of all modes of transportation to effectively and efficiently meet such needs, and provide for the interconnection of all types of modes in a comprehensive intermodal trans­portation system. In developing the Florida Transporta­tion Plan, the department shall consider the following:

(a) The results of the management systems required pursuant to federal laws and regulations.

(b) Any federal, state, or local energy use goals, objectives, programs, or requirements.

(c) Strategies for incorporating bicycle transporta­tion facilities and pedestrian walkways in projects where appropriate throughout the state.

(d) International border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation and scenic areas, monuments and historic sites, and military installations.

(e) The transportation needs of nonmetropolitan areas through a process that includes consultation with local elected officials with jurisdiction over transporta­tion.

(f) Consistency of the plan, to the maximum extent feasible, with strategic regional policy plans, metropoli­tan planning organization plans, and approved local government comprehensive plans so as to contribute to the management of orderly and coordinated community development.

(g) Connectivity between metropolitan areas within the state and with metropolitan areas in other states.

(h) Recreational travel and tourism. (i) Any state plan developed pursuant to the Fed­

eral Water Pollution Control Act. U) Transportation system management and invest­

ment strategies designed to make the most efficient use of existing transportation facilities.

(k) The total social, economic, energy, and environ­mental effects of transportation decisions on the com­munity and region.

(I) Methods to manage traffic congestion and to prevent traffic congestion from developing in areas where it does not yet occur, including methods which reduce motor vehicle travel, particularly single­occupant vehicle travel.

(m) Methods to expand and enhance transit services and to increase the use of such services.

(n) The effect of transportation decisions on land use and land development, including the need for con­sistency between transportation decisionmaking and the provisions of all applicable short-range and long­range land use and development plans.

(o) Where appropriate, the use of innovative mecha­nisms for financing projects, including value capture pricing, tolls, and congestion pricing.

(p) Preservation and management of rights-of-way for construction of future transportation projects, includ­ing identification of unused rights-of-way which may be needed for future transportation corridors, and identifi­cation of those corridors for which action is most needed to prevent destruction or loss.

(q) Future, as well as existing, needs of the state transportation system.

(r) Methods to enhance the efficient movement of commercial motor vehicles.

(s) The use of life-cycle costs in the design and engineering of bridges, tunnels, or pavement.

(t) Investment strategies to improve adjoining state and local roads that support rural economic growth and tourism development, federal agency renewable resources management, and multipurpose land man­agement practices, including recreation development.

(u) The concerns of Indian tribal governments hav­ing jurisdiction over lands within the boundaries of the state.

(v) A seaport or airport master plan, which has been incorporated into an approved local government com­prehensive plan, and the linkage of transportation modes described in such plan which are needed to pro­vide for the movement of goods and passengers between the seaport or airport and the other transporta­tion facilities.

(w) The joint use of transportation corridors and major transportation facilities for alternate transportation and community uses.

(x) The integration of any proposed system into all other types of transportation facilities in the community.

(3) FORMAT, SCHEDULE, AND REVIEW.-The Flor­ida Transportation Plan shall be a unified, concise plan­ning document that clearly defines the state's long­range transportation goals and objectives and docu­ments the department's short-range objectives devel­oped to further such goals and objectives. The plan shall include a glossary that clearly and succinctly defines any and all phrases, words, or terms of art included in the plan, with which the general public may be unfamiliar and shall consist of, at a minimum, the following compo­nents:

(a) A long-range component documenting the goals and long-term objectives necessary to implement the results of the department's findings from its examination of the criteria listed in subsection (2). The long-range component must be reconciled, to the maximum extent feasible, with the long-range plans developed by metro­politan planning organizations pursuant to s. 339.175. The plan must provide an examination of transportation issues likely to arise during at least a 20-year period. The long-range component shall be updated at least once every 5 years, or more often as necessary, to reflect substantive changes to federal or state law.

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F.S. 1995 TRANSPORTATION FINANCE AND PLANNING Ch. 339

(b) A short-range component documenting the short-term objectives and strategies necessary to implement the long-term objectives contained in the long-range component. The short-range component shall serve as the department's annual agency strategic plan pursuant to s. 186.021. The short-range compo­nent shall be developed consistent with the require­ments of s. 186.022 and consistent with available and forecasted state and federal funds. In addition to those entities listed ins. 186.022, the short-range component shall also be submitted to the Florida Transportation Commission.

(4) ANNUAL PERFORMANCE REPORT.-The department shall develop an annual performance report evaluating the operation of the department for the pre­ceding fiscal year. The report, which shall meet the requirements of s. 186.022, shall also include a summary of the financial operations of the department and shall annually evaluate how well the adopted work program meets the short-term objectives contained in the short­range component of the Florida Transportation Plan. In addition to the entities listed ins. 186.022, this perform­ance report shall also be submitted to the Florida Trans­portation Commission and the legislative appropriations and transportation committees.

(5) ADDITIONAL TRANSPORTATION PLANS.-(a) Upon request by local governmental entities, the

department may in its discretion develop and design transportation corridors, arterial and collector streets, vehicular parking areas, and other support facilities which are consistent with the plans of the department for major transportation facilities. The department may render to local governmental entities or their planning agencies such technical assistance and services as are necessary so that local plans and facilities are coordi­nated with the plans and facilities of the department.

(b) Each regional planning council, as provided for in s. 186.504, or any successor agency thereto, shall develop, as an element of its strategic regional policy plan, transportation goals and policies. The transporta­tion goals and policies shall be consistent, to the maxi­mum extent feasible, with the goals and policies of the metropolitan planning organization and the Florida Transportation Plan. The transportation goals and poli­cies of the regional planning council will be advisory only and shall be submitted to the department and any affected metropolitan planning organization for their consideration and comments. Metropolitan planning organization plans and other local transportation plans shall be developed consistent, to the maximum extent feasible, with the regional transportation goals and poli­cies. The regional planning council shall review urban­ized area transportation plans and any other planning products stipulated in s. 339.175 and provide the department and respective metropolitan planning orga­nizations with written recommendations which the department and the metropolitan planning organiza­tions shall take under advisement. Further, the regional planning councils shall directly assist local governments which are not part of a metropolitan area transportation planning process in the development of the transporta­tion element of their comprehensive plans as required bys. 163.3177.

(6) PROCEDURES FOR PUBLIC PARTICIPATION IN TRANSPORTATION PLANNING.-

(a) During the development of the long-range com­ponent of the Florida Transportation Plan, and prior to adoption of all subsequent amendments, the depart­ment shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private provid­ers of transportation, and other known interested parties with an opportunity to comment on the proposed plan or amendments. This hearing shall include presentation and discussion of the factors listed in subsection (2) and shall include, at a minimum, publishing a notice in the Florida Administrative Weekly and within a newspaper of general circulation within the area of each department district office. These notices shall be published twice prior to the day of the hearing, with the first notice appearing at least 14 days prior to the hearing.

(b) During development of major transportation improvements, such as those increasing the capacity of a facility through the addition of new lanes or providing new access to a limited or controlled access facility or construction of a facility in a new location, the depart­ment shall hold one or more hearings prior to the selec­tion of the facility to be provided; prior to the selection of the site or corridor of the proposed facility; and prior to the selection of and commitment to a specific design proposal for the proposed facility. Such public hearings shall be conducted so as to provide an opportunity for effective participation by interested persons in the proc­ess of transportation planning and site and route selec­tion and in the specific location and design of transpor­tation facilities. The various factors involved in the deci­sion or decisions and any alternative proposals shall be clearly presented so that the persons attending the hearing may present their views relating to the decision or decisions which will be made.

(c) Opportunity for design hearings: 1. The department, prior to holding a design hear­

ing, shall duly notice all affected property owners of rec­ord, as recorded in the property appraiser's office, by mail at least 20 days prior to the date set for the hearing. The affected property owners shall be:

a. Those whose property lies in whole or in part within 300 feet on either side of the centerline of the pro­posed facility.

b. Those who the department determines will be substantially affected environmentally, economically, socially, or safetywise.

2. For each subsequent hearing, the department shall daily publish notice at least 14 days immediately prior to the hearing date in a newspaper of general circu­lation for the area affected.

3. A copy of the notice of opportunity for the hear­ing shall be furnished to the United States Department of Transportation and to the appropriate departments of the state government at the time of publication.

4. The opportunity for another hearing shall be afforded in any case when proposed locations or designs are so changed from those presented in the notices specified above or at a hearing as to have a sub­stantially different social, economic, or environmental effect.

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5. The opportunity for a hearing shall be afforded in each case in which the department is in doubt as to whether a hearing is required.

History.-s. 3, ch. 70-996; s.1, ch. 73-355; s. 1, ch. 77-102; s. 218, ch. 84-309; s. 2, ch. 84-332; s. 19, ch. 85-81; s. 22, ch. 88-168; s. 5, ch. 89-301; s. 36, ch. 90-136; s. 3, ch. 92-152; s. 3, ch. 93-164; s. 49, ch. 94-237; s. 8, ch. 95-149; s. 53, ch. 95-257.

Note.-Former s. 334.211.

339.175 Metropolitan planning organization.-lt is the intent of the Legislature to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through urbanized areas of this state and minimize, to the maximum extent feasible, and together with applica­ble regulatory government agencies, transportation­related fuel consumption and air pollution. To accom­plish these objectives, metropolitan planning organiza­tions, referred to in this section as M.P.O. 's, shall develop, in cooperation with the state, transportation plans and programs for metropolitan areas. Such plans and programs must provide for the development of transportation facilities that will function as an intermodal transportation system for the metropolitan area. The process for developing such plans and pro­grams shall be continuing, cooperative, and comprehen­sive, to the degree appropriate, based on the complex­ity of the transportation problems.

(1) DESIGNATION.-(a)1. An M.P.O. shall be designated for each urban-

ized area of the state. Such designation shall be accom­plished by agreement between the Governor and units of general-purpose local government representing at least 75 percent of the population of the urbanized area; however, the unit of general-purpose local government that represents the central city or cities within the M.P .0. jurisdiction, as defined by the United States Bureau of the Census, must be a party to such agree­ment.

2. More than one M.P.O. may be designated within an urbanized area only if the Governor determines that the size and complexity of the area justifies the designa­tion of multiple M.P.O.'s.

(b) Each M.P.0. shall be created and operated under the provisions of this section pursuant to an interlocal agreement entered into pursuant to s. 163.01. The signatories to the interlocal agreement shall be the department and the governmental entities designated by the Governor for membership on the M.P.O. If there is a conflict between this section and s. 163.01, this sec­tion prevails.

(c) The jurisdictional boundaries of an M.P.0. shall be determined by agreement between the Governor and the applicable M.P.O. The boundaries must include, at a minimum, the metropolitan area and may include the entire metropolitan statistical area or the consoli­dated metropolitan statistical area.

(d) If more than one M.P.O. has authority within a metropolitan area or an area that is designated as a nonattainment area, each M.P.O. shall consult with other M.P.0.'s designated for such area and with the state in the coordination of plans and programs required by this section.

Each M.P.O. required under this section must be fully operative no later than 6 months following its designa­tion.

(2) VOTING MEMBERSHIP.-(a) The voting membership of an M.P.O. shall con­

sist of not fewer than 5 or more than 19 apportioned members, the exact number to be determined on an equitable geographic-population ratio basis by the Gov­ernor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations. The Governor, in accord­ance with 23 U.S.C. s. 134, as amended by the lntermodal Surface Transportation Efficiency Act of 1991, may also provide for M.P.O. members who repre­sent municipalities to alternate on an annual basis with representatives from other municipalities within the des­ignated urban area that do not have members on the M.P.O. County commission members shall compose not less than one-third of the M.P.O. membership, except for an M.P.O. with more than 15 members located in a county with a five-member county commission or an M.P.O. with 19 members located in a county with no more than 6 county commissioners, in which case county commission members may compose less than one-third percent of the M.P.O. membership, but all county commissioners must be members. All voting members shall be elected officials of general-purpose governments, except that an M.P.O. may include, as part of its apportioned voting members, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. In metropolitan areas in which authorities or other agencies have been, or may be, created by law to perform transportation functions that are not under the jurisdiction of a general-purpose local government represented on the M.P.O., they shall be provided voting membership on the M.P.O. The county commission shall compose not less than 20 percent of the M.P.O. mem­bership if an official of an agency that operates or admin­isters a major mode of transportation has been appointed to an M.P.O.

(b) Any other provision of this section to the contrary notwithstanding, any county chartered under s. 6(e), Art. VIII of the State Constitution may elect to have its county commission serve as the M.P.0., if the M.P.O. jurisdiction is wholly contained within the county. Any charter county that elects to exercise the provisions of this paragraph shall so notify the Governor in writing. Upon receipt of such notification, the Governor must designate the county commission as the M.P.O. The Governor must appoint three additional voting members to the M.P.O., one of whom must be an elected official representing a municipality within the county, one of whom must be a person who does not hold elected pub­lic office and who resides in the unincorporated portion of the county, and one of whom must be a school board member.

(3) APPORTIONMENT.-(a) The Governor shall, with the agreement of the

affected units of general-purpose local government as required by federal rules and regulations, apportion the membership on the applicable M.P.O. among the vari­ous governmental entities within the area and shall pre-

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scribe a method for appointing alternate members who may vote at any M.P.0. meeting at which the regular members in attendance do not comprise a quorum. An appointed alternate member must be an elected official serving the same governmental entity or area that the regular member serves. The governmental entity so des­ignated shall appoint the appropriate number of mem­bers to the M.P.O. from eligible officials. Representa­tives of the department shall serve as nonvoting mem­bers of the M.P.O. Nonvoting advisers may be appointed by the M.P.O. as deemed necessary. The Governor shall review the composition of the M.P.O. membership at least every 5 years and reapportion it as necessary to comply with subsection (2).

(b) Except for members who serve on an annual basis as provided in paragraph (2)(a), the members of an M.P.O. shall serve 4-year terms. The membership of a member who is a public official automatically termi­nates upon the member's leaving his or her elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of a county or city governing entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be reappointed for one or more addi­tional 4-year terms.

(c) If a governmental entity fails to fill an assigned appointment to an M.P.O. within BO days after notifica­tion by the Governor of its duty to appoint, that appoint­ment shall be made by the Governor from the eligible representatives of that governmental entity.

(4) AUTHORITY AND RESPONSIBILITY.-The authority and responsibility of an M.P.O. is to manage a continuing, cooperative, and comprehensive transporta­tion planning process that results in the development of plans and programs which are consistent, to the maxi­mum extent feasible, with the approved local govern­ment comprehensive plans of the units of local govern­ment the boundaries of which are within the metropoli­tan area of the M.P.O. An M.P.O. shall be the forum for cooperative decisionmaking by officials of the affected governmental entities in the development of the plans and programs required by subsections (5), (6), (7), and (8).

(5) POWERS, DUTIES, AND RESPONSIBILITIES.­The powers, privileges, and authority of an M.P.O. are those specified in this section or incorporated in an interlocal agreement authorized under s. 163.01. Each M.P.0. shall perform all acts required by federal or state laws or rules, now and subsequently applicable, which are necessary to qualify for federal aid. It is the intent of this section that each M.P.O. shall be involved in the planning and programming of transportation facilities, including, but not limited to, airports, intercity and high­speed rail lines, seaports, and intermodal facilities, to the extent permitted by state or federal law.

(a) Each M.P.O. shall, in cooperation with the department, develop:

1. A long-range transportation plan pursuant to the requirements of subsection (6);

2. An annually updated transportation improve­ment program pursuant to the requirements of subsec­tion (7); and

3. An annual unified planning work program pursu-ant to the requirements of subsection (8).

(b) In developing the long-range transportation plan and the transportation improvement program required under paragraph (a), each M.P.O. must, at a minimum, consider:

1. The preservation of existing transportation facili­ties and, where practical, ways to meet transportation needs by using existing facilities more efficiently;

2. The consistency of transportation planning with applicable federal, state, and local energy conservation programs, goals, and objectives;

3. The need to relieve congestion and prevent con­gestion from occurring where it does not yet occur;

4. The likely effect of transportation policy deci-sions on land use and development and the consistency of transportation plans and programs with all applicable short-term and long-term land use and development plans;

5. The programming of transportation enhance­ment activities as required by federal law;

6. The effect of all transportation projects to be undertaken in the metropolitan area, without regard to whether such projects are publicly funded;

7. The provision of access to seaports, airports, intermodal transportation facilities, major freight distri­bution routes, national and state parks, recreation areas, monuments and historic sites, and military installations;

8. The need for roads within the metropolitan area to efficiently connect with roads outside the metropoli­tan area;

9. The transportation needs identified through the use of transportation management systems required by federal or state law;

10. The preservation of rights-of-way for construc­tion of future transportation projects, including the iden­tification of unused rights-of-way that may be needed for future transportation corridors and the identification of corridors for which action is most needed to prevent destruction or loss;

11. Any available methods to enhance the efficient movement of freight;

12. The use of life-cycle costs in the design and engineering of bridges, tunnels, or pavement;

13. The overall social, economic, energy, and envi­ronmental effects of transportation decisions;

14. Any available methods to expand or enhance transit services and increase the use of such services; and

15. The possible allocation of capital investments to increase security for transit systems.

(c) In order to provide recommendations to the department and local governmental entities regarding transportation plans and programs, each M.P.O. shall:

1. Prepare a congestion management system for the metropolitan area and cooperate with the depart­ment in the development of all other transportation man­agement systems required by state or federal law;

2. Assist the department in mapping transportation planning boundaries required by state or federal law;

3. Assist the department in performing its duties relating to access management, functional classification of roads, and data collection;

4. Execute all agreements or certifications neces­sary to comply with applicable state or federal law;

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Ch.339 TRANSPORTATION FINANCE AND PLANNING F.S. 1995

5. Represent all the jurisdictional areas within the metropolitan area in the formulation of transportation plans and programs required by this section; and

6. Perform all other duties required by state or fed-eral law.

(d) Each M.P.O. shall appoint a technical advisory committee that includes planners; engineers; represent­atives of local aviation authorities, port authorities, and public transit authorities or representatives of aviation departments, seaport departments, and public transit departments of municipal or county governments, as applicable; the school superintendent of each county within the jurisdiction of the M.P.O. or the superintend­ent's designee; and other appropriate representatives of affected local governments. In addition to any other duties assigned to it by the M.P.O. or by state or federal law, the technical advisory committee is responsible for identifying projects contained in the long-range plan or transportation improvement program which deserve to be classified as a school safety concern. Upon receipt of the recommendation from the technical advisory com­mittee that a project should be so classified, the M.P.O. must vote on whether to classify a particular project as a school safety concern. If the M.P.O. votes that a proj­ect should be classified as a school safety concern, the local governmental entity responsible for the project must consider at least two alternatives before making a decision about project location or alignment.

(e)1. Each M.P.O. shall appoint a citizens' advisory committee, the members of which serve at the pleasure of the M.P.O. The membership on the citizens' advisory committee must reflect a broad cross section of local residents with an interest in the development of an effi­cient, safe, and cost-effective transportation system. Minorities, the elderly, and the handicapped must be adequately represented.

2. Notwithstanding the provisions of subparagraph 1., an M.P.O. may, with the approval of the department and the applicable federal governmental agency, adopt an alternative program or mechanism to ensure citizen involvement in the transportation planning process.

(f) The department shall allocate to each M.P.O., for the purpose of accomplishing its transportation plan­ning and programming duties, an appropriate amount of federal transportation planning funds.

(g) Each M.P.O. may employ personnel or may enter into contracts with local or state agencies, private plan­ning firms, or private engineering firms to accomplish its transportation planning and programming duties required by state or federal law.

(6) LONG-RANGE PLAN.-Each M.P.O. must develop a 20-year long-range transportation plan. The long-range plan must be consistent, to the maximum extent feasible, with future land use elements and the goals, objectives, and policies of the approved local gov­ernment comprehensive plans of the units of local gov­ernment located within the jurisdiction of the M.P.O. The approved long-range plan must be considered by local governments in the development of the transportation elements in local government comprehensive plans and any amendments thereto. The long-range plan must, at a minimum:

(a) Identify transportation facilities, including, but not limited to, major roadways, airports, seaports, com­muter rail systems, transit systems, and intermodal or multimodal terminals that will function as an integrated metropolitan transportation system. The long-range plan must place special emphasis on transportation facilities that serve national, statewide, or regional func­tions.

(b) Include a financial plan that demonstrates how the plan can be implemented, indicating resources from public and private sources which are reasonably expected to be available to carry out the plan, and rec­ommends innovative financing techniques that may be used to fund needed projects and programs. Such tech­niques may include the assessment of tolls, the use of value capture financing, or the use of congestion pric­ing.

(c) Assess capital investment and other measures necessary to:

1. Ensure the preservation of the existing metropoli-tan transportation system including requirements for the operation, resurfacing, restoration, and rehabilitation of major roadways and requirements for the operation, maintenance, modernization, and rehabilitation of public transportation facilities; and

2. Make the most efficient use of existing transpor-tation facilities to relieve vehicular congestion and maxi­mize the mobility of people and goods.

(d) Indicate, as appropriate, proposed transporta­tion enhancement activities, including, but not limited to, pedestrian and bicycle facilities, scenic easements, landscaping, historic preservation, mitigation of water pollution due to highway runoff, and control of outdoor advertising.

(e) In addition to the requirements of paragraphs (a)-(d), in metropolitan areas that are classified as nonattainment areas for ozone or carbon monoxide, the M.P.O. must coordinate the development of the long­range plan with the State Implementation Plan devel­oped pursuant to the requirements of the federal Clean Air Act.

In the development of its long-range plan, each M.P.O. must provide affected public agencies, representatives of transportation agency employees, private providers of transportation, other interested parties, and members of the general public with a reasonable opportunity to comment on the long-range plan.

(7) TRANSPORTATION IMPROVEMENT PRO­GRAM.-Each M.P.O. shall, in cooperation with the state and affected public transportation operators, develop a transportation improvement program for the area within the jurisdiction of the M.P.O. In the develop­ment of the transportation improvement program, each M.P.O. must provide affected public transit agencies, representatives of transportation agency employees, private providers of transportation, other interested par­ties, and members of the general public with a reason­able opportunity to comment on the transportation improvement program.

(a) Each M.P.0. is responsible for the development of a transportation improvement program and for initiat­ing federally aided transportation facilities and improve-

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F.S. 1995 TRANSPORTATION FINANCE AND PLANNING Ch.339

ments as well as other transportation facilities and improvements including transit, rail, aviation, and port facilities to be funded from the State Transportation Trust Fund within its urbanized area in accordance with existing and subsequent federal and state laws and rules and regulations related thereto. The transportation improvement program shall be consistent, to the maxi­mum extent feasible, with the approved local govern­ment comprehensive plans of the units of local govern­ment whose boundaries are within the urbanized area of the M.P.O.

(b) The transportation improvement program must, at a minimum:

1. Include a priority list of projects and project phases to be funded with state or federal funds within the time period of the transportation improvement pro­gram and which are recommended for advancement during the next fiscal year and 4 subsequent fiscal years. Such projects and project phases must be consistent, to the maximum extent feasible, with the approved local government comprehensive plans of the units of local government located within the jurisdiction of the M.P.O. For informational purposes, the transporta­tion improvement program shall also include a list of projects to be funded from local or private revenues.

2. Include a list of projects within the metropolitan area which are proposed for funding under 23 U.S.C. s. 134 of the Federal Transit Act and which are consistent with the long-range plan developed under subsection (6).

3. Provide a financial plan that demonstrates how the transportation improvement program can be imple­mented; indicates the resources, both public and pri­vate, that are reasonably expected to be available to accomplish the program; and recommends any innova­tive financing techniques that may be used to fund needed projects and programs. Such techniques may include the assessment of tolls, the use of value capture financing, or the use of congestion pricing. The transpor­tation improvement program may include a project or project phase only if full funding can reasonably be anticipated to be available for the project or project phase within the time period contemplated for comple­tion of the project or project phase.

4. Group projects and project phases of similar urgency and anticipated staging into appropriate stag­ing periods.

5. Indicate how the transportation improvement program relates to the long-range plan developed under subsection (6), including providing examples of specific projects or project phases that further the goals and policies of the long-range plan.

6. Indicate whether any project or project phase is inconsistent with an approved comprehensive plan of a unit of local government located within the jurisdiction of the M.P.O. If a project is inconsistent with an affected comprehensive plan, the M.P.O. must provide justifica­tion for· including the project in the transportation improvement program.

7. Indicate how the improvements are consistent, to the maximum extent feasible, with affected seaport and airport master plans and with public transit develop­ment plans of the units of local government located within the jurisdiction of the M.P.O.

(c) Projects included in the transportation improve­ment program and that have advanced to the design stage of preliminary engineering may be removed from or rescheduled in a subsequent transportation improve­ment program only by the joint action of the M.P.0. and the department. Except when recommended in writing by the district secretary for good cause, any project removed from or rescheduled in a subsequent transpor­tation improvement program shall not be rescheduled by the M.P.O. in that subsequent program earlier than the 5th year of such program.

(d) The annual transportation improvement program shall be submitted to the district secretary, each mem­ber of the Legislature who represents the M.P.0. area, and the Department of Community Affairs at least 120 days prior to the submission of the tentative work pro­gram to the Florida Transportation Commission. The Governor or the Governor's designee shall review and approve each transportation improvement program and any amendments thereto.

(e) The Department of Community Affairs shall review the annual transportation improvement program of each M.P.O. for consistency with the approved local government comprehensive plans of the units of local government whose boundaries are within the metropoli­tan area of each M.P.O. and shall identify those projects that are inconsistent with such comprehensive plans. The Department of Community Affairs shall notify an M.P.O. of any transportation projects contained in its transportation improvement program which are incon­sistent with the approved local government comprehen­sive plans of the units of local government whose boundaries are within the metropolitan area of the M.P.0.

(8) UNIFIED PLANNING WORK PROGRAM.-Each M.P.0. shall develop, in cooperation with the depart­ment and public transportation providers, a unified plan­ning work program that lists all planning tasks to be undertaken during the program year. The unified plan­ning work program must provide a complete description of each planning task and an estimated budget therefor and must comply with applicable state and federal law.

(9) AGREEMENTS.-(a) Each M.P.O. shall execute the following written

agreements, which shall be reviewed, and updated as necessary, every 5 years:

1. An agreement with the department clearly estab­lishing the cooperative relationship essential to accom­plish the transportation planning requirements of state and federal law.

2. An agreement with the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan areas, specifying the means by which activities will be coordinated and how transporta­tion planning and programming will be part of the com­prehensive planned development of the area.

3. An agreement with operators of public transpor­tation systems, including transit systems, commuter rail systems, airports, and seaports, describing the means by which activities will be coordinated and specifying how public transit, commuter rail, aviation, and seaport planning and programming will be part of the compre­hensive planned development of the metropolitan area.

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Ch.339 TRANSPORTATION FINANCE AND PLANNING F.S. 1995

(b) An M.P.O. may execute other agreements required by state or federal law or as necessary to prop­erly accomplish its functions.

(10) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.-

(a) A Metropolitan Planning Organization Advisory Council is created to augment, and not supplant, the role of the individual M.P.O.'s in the cooperative trans­portation planning process described in 1s. 339.155(5).

(b) The council .shall consist of one representative from each M.P.O. and shall elect a chairperson annually from its number. Each M.P.0. shall also elect an alter­nate representative from each M.P.O. to vote in the absence of the representative. Members of the council do not receive any compensation for their services, but may be reimbursed from funds made available to council members for travel and per diem expenses incurred in the performance of their council duties as provided in s. 112.061.

(c) The powers and duties of the Metropolitan Plan­ning Organi:z;ation Advisory Council are to:

1. Enter into contracts with individuals, private cor-porations, and public agencies.

2. Acquire, qwn, operate, maintain, sell, or lease personal property essential for the conduct of business.

3. Accept funds, grants, assistance, gifts, or bequests from private, local, state, or federal sources.

4. Establish bylawq and make rules to effectuate its powers, responsibilities, and obligations.

5. Assist M.P.O.'s in carrying out the urbanized area transportation planning process by serving as the principal forum for collective policy discussion pursuant to law.

6. Serve as a clearinghouse for review and com-ment by M.P.O.'s on the Florida Transportation Plan and on other issues required to comply with federal or state law in carrying out the urbanized area transportation and systematic planning processes instituted pursuant to s. 339.155.

7.. Employ an executive director and such other staff as necessary to perform adequately the functions of the council, within budgetary limitations. The execu­tive director and staff are exempt from part II of chapter 110 and serve at the direction and control of the council. The council is assigned to the Office of the Secretary of the Department of Transportation or for fiscal and accountability purposes, but it shall otherwise function independently of the control and direction of the depart­ment.

(11) APPLICATION OF FEDERAL LAW.-Upon notifi­cation by an agency of the Federal Government that any provision of this section conflicts with federal laws or regulations, such federal laws or regulations will take precedence to the extent of the conflict until such con­flict is resolved. The department or an M.P.O. may take any necessary action to comply with such federal laws and regulations or to continue to remain eligible to receive federal funds.

Hlstory.-s. 1, ch. 79-219; s. 1, ch. 82-9; s. 219, ch. 84-309; s. 3, ch. 84-332; s. 30, ch. 85-55; ss. 1, 2, ch. 87-61; ss. 1, 2, ch. 88-86; s. 1, ch. 88-163; s. 6, ch. 89-301; s. 79, ch. 90-136; s. 4, ch. 92-152; s. 60, ch. 93-164; s. 502, ch. 95-148; s. 54, ch. 95-257.

1Note.-Repealed bys. 53, ch. 95-257. Note.-Former s. 334.215.

339.177 Transportation management programs.­(1) The Department of Transportation shall, in coop­

eration with metropolitan planning organizations and other affected governmental entities, develop and implement a separate and distinct system for managing each of the following program areas: ·

(a) Highway pavement; (b) Bridges; (c) Highway safety; (d) Traffic congestion; (e) Public transportation facilities and equipment;

and (f) lntermodal transportation facilities and equip­

ment. (2) Each metropolitan planning organization within

the state must develop and implement a traffic conges­tion management system. The development of the state traffic congestion management system pursuant to sub­section (1) shall be coordinated with metropolitan plan­ning organizations so that the state system is reflective of the individual systems developed by the metropolitan planning organizations.

(3) The management systems required by this sec­tion should be developed and implemented so as to pro­vide the information needed to make informed decisions regarding the proper allocation of transportation resources. Each system must use appropriate data gathered at the state or local level to define problems, identify needs, analyze alternatives, and measure effec­tiveness.

(4) Any transportation management system that is in existence on July 1, 1993, and that complies with this section and applicable federal law may continue to be used by the department in lieu of the development of a system under this section.

History.-s. 61, ch. 93-164.

339.24 Beautification of state transportation facili­ties.-The department shall plan a statewide beautifica­tion program for state transportation facilities and shall only expend funds for such program as specifically appropriated by the Legislature. A state beautification project grant requested under this section may not be initiated or funded until a maintenance agreement has been executed between the department and the appro­priate local governmental entity. Beautification activities undertaken under this section are recognized by the Legislature as contributing to the prevention of litter.

History.-s. 155, ch. 29965, 1955; s. 2, ch. 61-119; ss. 23, 35, ch. 69-106; s. 1, ch. 73-189; s.101, ch. 77-104; s. 56, ch. 78-95; s. 43, ch. 83-3; s. 220, ch. 84-309; s. 2, ch. 87-131; s. 37, ch. 93-207.

339.2405 Florida Highway Beautification Council. (1) There is created within the Department of Trans­

portation the Florida Highway Beautification Council. It shall consist of seven members appointed by the Gover­nor. All appointed members must be residents of this state. One member must be a licensed landscape archi­tect, one member must be a representative of the Flor­ida Federation of Garden Clubs, Inc., one member must be a representative of the Florida Nurserymen and Growers Association, one member must be a represent­ative of the department as designated by the head of the department, one member must be a representative

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F.S. 1995 TRANSPORTATION FINANCE AND PLANNING Ch.339

of the Department of Agriculture and Consumer Ser­vices, and two members must be private citizens. The members of the council shall serve at the pleasure of the Governor.

(2) The first chair of the council shall be designated by the Governor and shall serve as chair for 2 years. Each subsequent chair shall be selected by the council members and shall serve a 2-year term.

(3) The council shall meet no less than semiannually at the call of the chair or, in the chair's absence or inca­pacity, at the call of the head of the department. Four members shall constitute a quorum for the purpose of exercising all of the powers of the council. A vote of the majority of the members present shall be sufficient for all actions of the council.

(4) The council members shall serve without pay but shall be entitled to per diem and travel expenses pursu­ant to s. 112.061.

(5) A member of the council may not participate in any discussion or decision to recommend grants to any qualified local government with which the member is associated as a member of the governing body or as an employee or with which the member has entered into a contractual arrangement.

(6) The council may prescribe, amend, and repeal bylaws governing the manner in which the business of the council is conducted.

(7)(a) The duties of the council shall be to: 1. Provide information to local governments and

local highway beautification councils regarding the state highway beautification grants program.

2. Accept grant requests from local governments. 3. Review grant requests for compliance with coun­

cil rules. 4. Establish rules for evaluating and prioritizing the

grant requests. The rules must include, but are not lim­ited to, an examination of each grant's aesthetic value, cost-effectiveness, level of local support, feasibility of installation and maintenance, and compliance with state and federal regulations. Rules adopted by the council which it uses to evaluate grant applications must take into consideration the contributions made by the high­way beautification project in preventing litter.

5. Maintain a prioritized list of approved grant requests. The list must include recommended funding levels for each request and, if staged implementation is appropriate, funding requirements for each stage shall be provided.

6. Assess the feasibility of planting and maintaining indigenous wildflowers and plants, instead of sod groundcovers, along the rights-of-way of state roads and highways. In making such assessment, the council shall utilize data from other states which include indige­nous wildflower and plant species in their highway vege­tative management systems. The council shall complete its assessment and present a report to the head of the department by July 1, 1988.

(b) The council may, at the request of the head of the department, review and make recommendations on any other highway beautification matters relating to the State Highway System.

(8) The head of the department shall provide from existing personnel such staff support services to the

council as are necessary to enable the council to fulfill its duties and responsibilities.

(9) Local highway beautification councils may be created by local governmental entities or by the Legisla­ture. Prior to being submitted to the council, a grant request must be approved by the local government or governments of the area in which the project is located.

(10) The head of the department, after receiving rec­ommendations from the council, shall award grants to local governmental entities that have submitted grant requests for beautification of roads on the State High­way System and which requests are on the council's approved list. The grants shall be awarded in the order they appear on the council's prioritized list and in accordance with available funding.

(11) State highway beautification grants may be requested only for projects to beautify through land­scaping roads on the State Highway System. The grant request shall identify all costs associated with the proj­ect, including sprinkler systems, plant materials, equip­ment, and labor. A grant shall provide for the costs of purchase and installation of a sprinkler system, the cost of plant materials and fertilizer, and may provide for the costs for labor associated with the installation of the plantings. Each local government that receives a grant shall be responsible for any costs for water, for the main­tenance of the sprinkler system, for the maintenance of the landscaped areas in accordance with a maintenance agreement with the department, and, except as other­wise provided in the grant, for any costs for labor associ­ated with the installation of the plantings. The depart­ment may provide, by contract, services to maintain such landscaping at a level not to exceed the cost of routine maintenance of an equivalent unlandscaped area.

(12) The council shall annually submit to the head of the Department of Transportation a proposal recom­mending the level of grant funding.

History.-ss. 3, 4, 5, ch. 87-131; s. 4, ch. 88-303; s. 7, ch. 89-301; s. 42, ch. 91-221; s. 5, ch. 91-429; s. 38, ch. 93-207; s. 503, ch. 95-148.

339.241 Florida Junkyard Control Law.-(1) SHORT TITLE.-This section shall be known as

the "Florida Junkyard Control Law." (2) DEFINITIONS.-Wherever used or referred to in

this section, unless a different meaning clearly appears from the context, the term:

(a) "Areas zoned for industrial use" means all areas zoned for industrial use by governmental entities within the state or an unzoned industrial area approved by the department. Such areas must be based upon the exist­ence of at least one industrial activity other than the junkyard or scrap metal processing plant.

(b) "Automobile graveyard" means any establish­ment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehi­cles or motor vehicle parts.

(c) "Distance from edge of right-of-way" means the distance presently defined in 23 U.S.C. s. 136(g).

(d) "Federal-aid primary highway" means any high­way within that portion of the State Highway System as included and maintained under chapter 335, including

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Ch.339 TRANSPORTATION FINANCE AND PLANNING F.S.1995

extensions of such system within municipalities, which has been approved by the Secretary of Transportation pursuant to 23 U.S.C. s. 103(b).

(e) "Fence" means an enclosure so constructed or planted and maintained as to obscure the junkyard from ordinary view to those persons passing upon the high­ways in this state.

(f) "Interstate highway" means the system presently defined in 23 U.S.C. s. 103(e).

(g) "Junk," "junkyard," and "scrap metal processing facility" mean the same as described in 1s. 205.371 (1 )(a), (b), and (e).

(3) RESTRICTIONS AS TO LOCATION.-No junk, junkyard, automobile graveyard, or scrap metal process­ing facility shall be operated or maintained within 1,000 feet of the nearest edge of the right-of-way of any inter­state or federal-aid primary highway, except:

(a) A junkyard which is screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway or which is otherwise removed from sight.

(b) A junkyard or scrap metal processing facility which is located in an area zoned for industrial use.

(c) A junkyard or scrap metal processing facility which is not visible from the main-traveled way of any interstate or federal-aid primary highway.

Any junkyard which was in existence on December 8, 1971, which the department determines cannot be screened because of topography and elevation is not required under this section to be removed, relocated, or disposed of until federal funds are available.

(4) REQUIREMENTS AS TO FENCES; EXPENDI­TURE OF FUNDS.-

(a) A fence constructed under the provisions of this section shall be kept in good order and repair, and any advertisement on the fence shall be regulated by appli­cable state law.

(b) The department is authorized to spend such funds as are necessary to obtain federal-aid funds for the purposes described in this subsection.

(5) ENFORCEMENT.-lt is the function and duty of the department to administer and enforce the provisions of this section. The department or any public official may apply to the circuit court or another court of competent jurisdiction of the county in which the junkyard or scrap metal processing facility may be located for an injunc­tion to abate such nuisance.

(6) PENALTY.-Any person who violates any provi­sion of this section is subject to a fine of not less than $50 or more than $200. Each day during any portion of which such violation occurs constitutes a continuing separate offense.

History.-ss. 1, 2, 3, 4, 5, 6, ch. 71-338; ss. 1, 2, 3, 4, 5, 6, 7, ch. 71-972; s. 221, ch. 84-309.

1Note.-Repealed bys. 1, ch. 72-306.

339.28 Willful and malicious damage to boundary marks, guideposts, lampposts, etc. on transportation facility.-

(1) Any person who willfully and maliciously dam­ages, removes, or destroys any milestone, mileboard, or guideboard erected upon a highway or other public transportation facility, or willfully and maliciously

defaces or alters the inscription on any such marker, or breaks or removes any lamp or lamppost or railing or post erected on any transportation facility, is guilty of a misdemeanor of the second degree, punishable as pro­vided in s. 775.082 or s. 775.083.

(2) Any person who violates the provisions of sub­section (1) is civilly liable to the department for the actual damages which he or she caused, which dam­ages may be recovered by suit and, when collected, shall be paid into the State Treasury to the credit of the State Transportation Trust Fund.

History.-s. 159, ch. 29965, 1955; s. 240, ch. 71-136; s. 222, ch. 84-309; s. 504, ch. 95-148.

339.281 Damage to transportation facility by ves­sel; marine accident report; investigative authorities; penalties.-

(1) Whenever any vessel has caused damage to a transportation facility, the managing owner, agent, or master of such vessel shall immediately, or as soon thereafter as possible, report the same to the nearest Florida Marine Patrol, the sheriff of the county wherein such accident occurred, the Game and Fresh Water Fish Commission, or the Florida Highway Patrol, who shall immediately go to the scene of the accident and, if necessary, board the vessel subsequent to the acci­dent in pursuance of its investigation. The law enforce­ment agency investigating the accident shall submit a copy of its report to the department.

(2) Any person who violates any of the provisions of this section or rules adopted pursuant hereto shall be deemed guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 1, ch. 73-187; s. 223, ch. 84-309.

339.2815 Purchase orders.-(1) Notwithstanding any other provision of law, to

facilitate the payment of fees, fines, permits, deposits, court fees, or any other services or products provided by or to the department, any agency of the state, any local governmental entity, or any public body doing busi­ness with the department may acquire the stated ser­vices valued at $10,000 or less per transaction by pur­chase order and shall accept purchase orders from the department for stated services valued at $10,000 or less per transaction.

(2) The department or any other agency of the state, local governmental entity, or public body may elect not to accept a purchase order as provided in subsection (1 ), if it can demonstrate that the entity issuing such pur­chase order has within the preceding 2 years failed to honor, within 60 days of receipt, an invoice submitted for services as provided in subsection (1).

History.-s. 26, ch. 93-164.

339.401 Short title.-This act may be cited as the "Florida Transportation Corporation Act."

Hlstory.-s. 1, ch. 88-271.

339.402 Definitions.-As used in this act, the term: (1) "Board of directors" means the board of directors

of a corporation. (2) "Construction" means construction or improve­

ment, and the term includes landscaping.

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F.S. 1995 TRANSPORTATION FINANCE AND PLANNING Ch.339

(3) "Corporation" means a transportation corporation authorized to act on behalf of the department pursuant to this act.

(4) "Department" means the Department of Trans­portation.

(5) "Project" means any improvement to an existing highway that is included in the adopted work program.

History.-s. 2, ch. 88-271; s. 15, ch. 89-301.

339.403 Legislative findings and purpose.-The Legislature finds that:

(1) The present and prospective traffic congestion in many urban areas of this state and the limited avail­ability of state funds require as a public purpose the pro­motion and development of transportation facilities and systems by new and alternative means.

(2) The authorization of corporations by the depart­ment is essential to the continued economic growth of this state; is in the public interest; and will promote the public health, safety, and welfare by securing expanded and improved transportation facilities and systems.

(3) Corporations authorized pursuant to this act will perform an essential governmental function by acting on behalf of the state to secure and obtain rights-of-way for urgently needed transportation systems and to assist in the planning and design of such systems.

(4) Corporations authorized pursuant to this act will act on behalf of the department and thus will reduce the burdens and demands on the limited funds available to the department itself.

(5) Corporations authorized pursuant to this act shall be nonprofit corporations, and no part of a corpora­tion's earnings shall inure to the benefit of any private interests.

Hlstory.-s. 3, ch. 88-271.

339.404 Authorization of corporations.-(1) Any number of persons, not fewer than three,

each of whom is at least 18 years of age and a qualified elector, may file with the department a written applica­tion requesting that the department authorize a corpora­tion to act on behalf of the department within a desig­nated area.

(2) The department may not charge a filing fee for the application. If the department determines that it is advisable that the corporation be so authorized, the department shall also approve the articles of incorpora­tion of, or proposed for, the corporation, and any amend­ments thereto. The transportation corporation must operate under contract with the department. The department may designate by contract the area or areas of the state in which the corporation may act, and such area or areas may include territory within two or more political subdivisions of the state.

(3) The department may authorize more than one corporation to act on behalf of the department within the same designated area. The contract so authorizing each corporation shall specify the public purposes which the corporation may further on behalf of the department. In all cases, the purposes of a corporation shall be limited to the promotion and development of transportation facilities and systems. No corporation may act on behalf of the department or hold itself out as acting on behalf

of the department unless the department has approved its operation.

History.-s. 4, ch. 88-271.

339.405 Type and structure of corporation; income. An authorized corporation must be:

(1) A nonmember, nonstock, nonprofit corporation incorporated under chapter 617 and approved by the Department of State as a Florida corporation not for profit. No part of its earnings may inure to the benefit of any private interest.

(2) Organized and operated to promote and develop designated projects pursuant to contract with the department.

(3) Approved by the department to be operating on behalf of the department and in the best interests of the state.

If the corporation is dissolved, all of its assets shall be turned over to the department.

History.-s. 5, ch. 88-271.

339.406 Contract between the department and the corporation.-The contract must provide for:

(1) Approval of the articles of incorporation of the corporation by the department and for the appointment of the members of the board of directors by the secre­tary of the department.

(2) Annual review and certification by the secretary of the department that the corporation is operating in compliance with the terms of the contract, in a manner consistent with the goals of the department, and in the best interests of the state.

(3) The reversion to the state of all the corporation's assets if the contract is terminated or the corporation is otherwise dissolved.

(4) The fiscal year of the corporation as beginning on July 1 and ending on June 30 next following in each year.

(5) Yearly financial and compliance audits for each corporation by the department and the Auditor General.

(6) The specific purposes for which and the geo­graphic area in which the corporation is authorized to act for the department.

History.-s. 6, ch. 88-271.

339.407 Articles of incorporation.-A corporation's articles of incorporation must include:

(1) The specific purposes for which the corporation is authorized to act on behalf of the department pursu­ant to contract with the department.

(2) A recital that the department has specifically authorized the corporation to act on its behalf to further the public purposes stated in the resolution and in the articles of incorporation and has approved the articles of incorporation.

(3) That the board of directors is appointed by the secretary of the department and that the directors seNe at the pleasure of the secretary.

(4) That the articles of incorporation may be amended only upon approval of the department and that the articles be amended as directed by the department.

(5) That the corporation shall be dissolved pursuant to law upon termination of the contract with the depart­ment.

History.-s. 7, ch. 88-271.

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Ch.339 TRANSPORTATION FINANCE AND PLANNING F.S. 1995

339.408 Board of directors; advisory directors.­(1) Each corporation shall have a board of directors

in which all powers of the corporation shall be vested and which shall consist of not fewer than three directors, each of whom shall be appointed by the secretary of the department for a term of no more than 4 years and shall be removable from office by the secretary at his or her discretion. The directors shall serve as such without compensation except that they shall be entitled to be reimbursed for their actual expenses incurred in the per­formance of their duties, pursuant to s. 112.061.

(2) The board of directors may in turn appoint any number of advisory directors who may advise and assist the directors in the promotion and development of trans­portation facilities and systems. The advisory directors may serve until the completion of a particular project or at the will of the directors, but advisory directors shall have no vote in the affairs of the corporation, may not receive compensation for their services, and may not receive reimbursement for expenses.

History.-s. 8, ch. 88-271; s. 505, ch. 95-148.

339.409 Bylaws.-The initial bylaws of a corpora­tion shall be adopted by its board of directors and approved by the department. The bylaws may not be changed without approval of the department.

History.-s. 9, ch. 88-271.

339.410 Notice of meetings; open records.-(1) The board of directors shall file notice of each

meeting of the board in the same manner as is required of a state governmental body under s. 286.0105.

(2) If the department has designated an area or areas of the state in which the corporation may act, the board of directors shall file notice of each meeting of the board in the same manner and in the same locations as is required of a governmental body under chapter 286.

(3) The board of directors is subject to the provi­sions of s. 286.011.

Hlstory.-s. 10, ch. 88-271.

339.411 Amendment of articles.-The articles of incorporation may be amended at any time, subject to approval of the department. The department may also direct the articles of incorporation to be amended to conform to the department's rules or as otherwise nec­essary. The amended articles of incorporation shall set forth the fact that such amendment was approved by the department and the date of approval by the depart­ment.

History.-s. 11, ch. 88-271.

339.412 Powers of corporation.-As to designated projects and in addition to other powers prescribed by law, a corporation may exercise the following powers with respect to the promotion and development of trans­portation facilities, pursuant to a written contract for the same, together with all powers incidental thereto or nec­essary for the performance of those hereinafter stated:

(1) The corporation may exercise all the powers as granted by the department to work directly with land­owners, local and state governmental agencies, elected officials, and any other person to support those activities required to promote and develop the projects. These activities shall include:

(a) Acquiring, holding, investing, and administering property and transferring title of such property to the department for development of projects on behalf of the department;

(b) Performing preliminary and final alignment studies in a manner consistent with state and federal laws;

(c) Receiving contributions of land for rights-of-way and cash donations to be applied to the purchase of rights-of-way not donated or to be applied to the design or construction of the projects;

(d) Reviewing candidates for advisory directorships and adding or removing such advisory directors as may be appropriate;

(e) Retaining such administrative staff and legal, public relations, and engineering services as may be required for the development of the projects and paying such employees and consultants from funds donated for this purpose;

(f) Preparing such exhibits, right-of-way docu­ments, environmental reports, schematics, and prelimi­nary and final engineering plans as are necessary for the development of the projects;

(g) Borrowing money to meet any expenses or needs associated with the regular operations of the cor­poration or a particular project; provided, however, that no corporation shall have the power to issue bonds, the provisions of chapters 607 and 617 notwithstanding;

(h) Making official presentations to the state and other affected agencies or groups concerning the devel­opment of the projects;

(i) Issuing press releases and other material to pro-mote the activities of the projects; and

(j) Performing any other functions requested by the department in order to promote and develop the proj­ects.

Nothing in this act empowers the corporation to enter into any contracts for construction or to undertake any construction, on behalf of the department.

(2) The corporation shall have all other powers of a like or different nature not prohibited by law which are available to nonprofit corporations in this state and which are necessary for the promotion and development of transportation facilities and systems on behalf of the department. Nothing in this act authorizes the corpora­tion to exercise any powers greater than those of the department or to exercise any authority of the depart­ment other than that specified by contract with the department.

Hlstory.-s. 12, ch. 88-271.

339.413 Audit of the corporation.-Each corpora­tion shall provide an audit prepared by a certified public accountant, provide a management letter to the Depart­ment of Transportation, and be subject to financial and compliance audits by the Department of Transportation and the Auditor General.

History.-s. 13, ch. 88-271.

339.414 Use of state property.-The department may permit a corporation to use department property, facilities, and personnel free of charge, if such use is consistent with the corporation's purposes and if such

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F.S. 1995 TRANSPORTATION FINANCE AND PLANNING Ch.339

use does not unreasonably interfere with the general public's use of department property, facilities, and per­sonnel for established purposes. The department may prescribe conditions upon the use by a corporation of department property, facilities, or personnel; provided, however, that such corporation may not receive funds from the department by grant, gift, or contract unless specifically authorized by the Legislature.

History.-s. 14, ch. 88-271.

339.415 Exemption from taxation.-The Legisla­ture finds, determines, and declares that the activities of a corporation created and organized under the provi­sions of this act affect all the people of the area desig­nated by the department by assuming to a material extent that which might otherwise become the obliga­tion or duty of the department, and therefore such cor­poration is an institution of purely public charity and is hereby exempted from taxation pursuant to s. 3, Art. VII of the State Constitution.

History.-s. 15, ch. 88-271.

339.416 Authority to alter or dissolve corporation. At any time the department may, in its sole discretion and pursuant to rule, require the alteration of the struc­ture, organization, programs, or activities of a corpora­tion or require the termination and dissolution of the cor­poration, subject only to any limitation provided by the constitution and laws of the state on the impairment of contracts entered into by the corporation. Such require­ment of alteration or dissolution shall be made by the department and as hereinafter provided.

History.-s. 16, ch. 88-271.

339.417 Dissolution upon completion of purposes. Whenever the board of directors of a corporation deter-

mines by resolution that the purposes for which the cor­poration was formed have been substantially complied with and that all obligations of the corporation have been fully paid, the members of the board of directors shall, with the approval of the department, thereupon dissolve the corporation as hereinafter provided.

History.-s. 17, ch. 88-271.

339.418 Transfer of funds and property upon dis­solution.-Whenever dissolution occurs, whether insti­tuted by the department or by the board of directors of the corporation, the dissolution proceedings shall trans­fer the title to all funds and properties then owned by the corporation to the department.

History.-s. 18, ch. 88-271.

339.419 Department rules.-The department shall adopt rules to implement this act.

History.-s. 19, ch. 88-271.

339.420 Construction.-This act shall be liberally construed to carry out its purposes.

History.-s. 20, ch. 88-271.

339.421 Issuance of debt.-Effective July 1, 1988, transportation corporations created pursuant to the Flor­ida Transportation Corporation Act shall not be empow­ered or authorized to enter into any agreement or arrangement for the purpose of facilitating the issuance of debt in any form, including without limitation certifi­cates of participation or substitutes for debt such as lease-purchase arrangements, except when the debt is authorized for issuance by the Division of Bond Finance in accordance with the State Bond Act.

History.-s. 1, ch. 88-168.

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