CHAPTER 348

348.0301 Short title. This part may be cited as the “Greater Miami Expressway Agency Act of 2023.” History. — s. 14, ch. 2019-169; s. 19, ch. 2023-70. 348.0303 Definitions. As used in the this part, the term: (1) “Agency” means the body politic, corporate, and agency of the state created by this part. (2) “Agency of the state” means and includes the state and any department of, or corporation, agency, or instrumentality created, designated, or established by, the state. (3) “Bonds” means and includes the notes, bonds, refunding bonds, or other evidences of indebtedness or obligations, in either temporary or definitive form, which the agency issues pursuant to this part. (4) “County gasoline tax funds” means all of the 80-percent surplus gasoline tax funds accruing in each year to the department for use within the geographic boundaries of the agency under s. 9, Art. XII of the State Constitution, after the deduction of any amounts of such gasoline tax funds heretofore pledged by the department or a county for outstanding obligations. (5) “Department” means the Department of Transportation. (6) “Express written consent” means prior express written consent given in the form of a resolution adopted by a board of county commissioners. (7) “Expressway” means a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. An expressway may be a facility from which trucks, buses, and other commercial vehicles are excluded or may be a facility open to use by all customary forms of street and highway traffic. (8) “Expressway system” means any and all expressways which fall within the geographic boundaries of the agency established pursuant to this act and appurtenant facilities thereto, including but not limited to, all approaches, roads, bridges, and avenues of access for such expressway. The term includes a public transportation facility. (9) “Federal agency” means and includes the United States, the President of the United States, and any department of, or corporation, agency, or instrumentality created, designated, or established by, the United States. (10) “Members” means the governing body of the agency, and the term “member” means one of the individuals constituting such governing body. (11) “Miami-Dade County Expressway Authority” means the state agency previously existing and originally established under the Florida Expressway Authority Act and subsequently dissolved by the Greater Miami Expressway Agency Act. (12) “Public transportation facility” means real and personal property, structures, improvements, buildings, personnel, equipment, plants, vehicle parking or other facilities, rights-of-way, or any combination thereof used or useful for the purposes of transporting passengers by means of a street railway, elevated railway or guideway, subway, motor vehicle, motor bus, or any bus or other means of conveyance operating as a common carrier. History. — s. 14, ch. 2019-169; s. 21, ch. 2023-70. 348.03031 Legislative findings, intent, and declaration. (1) The Legislature finds the need to clarify the legal status, ownership, and control of the roads that constitute the expressway system in Miami-Dade County and portions of northeast Monroe County, following Miami-Dade County’s attempt to abolish the Greater Miami Expressway Agency in Miami-Dade Ordinance 21-35 (May 4, 2021). (2) The Legislature recognizes that the original expressway system previously operated by the former Miami-Dade County Expressway Authority is owned by the department. The transfer agreement dated December 10, 1996, entered into by the department and the former Miami-Dade County Expressway Authority, transferred only operational and financial control of the expressways owned by the department. (3) The Legislature recognizes the Miami-Dade County Expressway Authority was dissolved by chapter 2019-169, Laws of Florida, and all assets, employees, contracts, rights, and liabilities were purportedly transferred to the Greater Miami Expressway Agency. All assets, employees, contracts, rights, and liabilities previously owned or controlled by the former Miami-Dade County Expressway Authority, including, without limitation, those previously transferred to the Greater Miami Expressway Agency, are transferred back to the reestablished Greater Miami Expressway Agency created in s. 348.0304 on May 11, 2023. (4) It is the intent of the Legislature to confirm that the Greater Miami Expressway Agency that was created by chapter 2019-169, Laws of Florida, is hereby reestablished. The Greater Miami Expressway Agency is the state agency that shall govern the expressway system within the geographical boundaries of Miami-Dade County and the portion of northeast Monroe County which includes County Road 94 and the portion of Monroe County bounded on the north and east by the borders of Monroe County and on the south and west by County Road 94. It is further the express intent of the Legislature that the Greater Miami Expressway Agency created by this law is an agency of the state and not subject to any county’s home rule powers. History. — ss. 22, 29, ch. 2023-70. 348.0304 Greater Miami Expressway Agency. (1) It is the intent of the Legislature that the Greater Miami Expressway Agency prioritizes the best interests of the toll payors of South Florida. (2) There is hereby created and established a body politic and corporate, an agency of the state, to be known as the “Greater Miami Expressway Agency.” The agency shall serve the area within the geographical boundaries of Miami-Dade County and the portion of northeast Monroe County including County Road 94 and the portion of Monroe County bounded on the north and east by the borders of Monroe County and on the south and west by County Road 94. (3)(a) The governing body of the agency shall consist of nine voting members. Except for the district secretary of the department, each member must be a permanent resident of a county served by the agency and may not hold, or have held in the previous 2 years, elected or appointed office in such county, except that this paragraph does not apply to any initial appointment under paragraph (b) or to any member who previously served on the governing body of the former Greater Miami Expressway Agency. Each member may only serve two terms of 4 years each, except that there is no restriction on the term of the department’s district secretary. Four members, each of whom must be a permanent resident of Miami-Dade County, shall be appointed by the Governor, subject to confirmation by the Senate at the next regular session of the Legislature. Refusal or failure of the Senate to confirm an appointment shall create a vacancy. Appointments made by the Governor and board of county commissioners of Miami-Dade County shall reflect the state’s interests in the transportation sector and represent the intent, duties, and purpose of the Greater Miami Expressway Agency, and have at least 3 years of professional experience in one or more of the following areas: finance; land use planning; tolling industry; or transportation engineering. Two members, who must be residents of an unincorporated portion of the geographic area described in subsection (1) and residing within 15 miles of an agency toll road, shall be appointed by the board of county commissioners of Miami-Dade County. Two members, who must be residents of incorporated municipalities within a county served by the agency, shall be appointed by the metropolitan planning organization for a county served by the agency. The district secretary of the department serving in the district that contains Miami-Dade County shall serve as an ex officio voting member of the governing body. (b) Initial appointments to the governing body of the agency shall be made by July 31, 2019. For the initial appointments: 1. The Governor shall appoint one member for a term of 1 year, one member for a term of 2 years, one member for a term of 3 years, and one member for a term of 4 years. 2. The board of county commissioners of Miami-Dade County shall appoint one member for a term of 1 year and one member for a term of 3 years. 3. The metropolitan planning organization of Miami-Dade County shall appoint one member for a term of 2 years and one member for a term of 4 years. (c) Persons who, on or after July 1, 2009, were members of the governing body or employees of the former Miami-Dade County Expressway Authority may not be appointed members of the governing body of the agency. This paragraph does not apply to appointments to the governing body of the agency made by the Governor or to the district secretary of the department serving in an ex officio role pursuant to paragraph (a). (4)(a) The governing body of the agency shall elect one of its members as chair and shall elect a secretary and a treasurer who need not be members of the governing body. The chair, secretary, and treasurer shall hold their offices at the will of the governing body. A simple majority of the governing body constitutes a quorum, and the vote of a majority of those members present is necessary for the governing body to take any action. A vacancy shall not impair the right of a quorum of the governing body to exercise all of the rights and perform all of the duties of the governing body. (b) Upon the effective date of his or her appointment, or as soon thereafter as practicable, each member of the governing body of the agency shall enter upon his or her duties. The governing body’s initial board meeting must take place within 15 days after the initial appointments. (c) Each member of the governing body of the agency, before entering upon his or her official duties, shall take and subscribe to an oath before some official authorized by law to administer oaths that he or she will honestly, faithfully, and impartially perform the duties devolving upon him or her in office as a member of the governing body and that he or she will not neglect any duties imposed upon him or her by this part. (5)(a) The governing body of the agency may employ an executive secretary, an executive director, its own counsel and legal staff, technical experts, and such engineers and employees, permanent or temporary, as it may require and shall determine the qualifications and fix the compensation of such persons, firms, or corporations. The governing body may employ a fiscal agent or agents; however, the governing body must solicit sealed proposals from at least three persons, firms, or corporations for the performance of any services as fiscal agents. The governing body may delegate to one or more of its agents or employees such of its power as it deems necessary to carry out the purposes of this act, subject always to the supervision and control of the governing body. Members of the governing body may be removed from office by the Governor for misconduct, malfeasance, misfeasance, or nonfeasance in office. (b) Employees of the agency shall serve at the pleasure of the governing body of the agency. The governing body of the agency shall review the employment of all employees of the former Miami-Dade County Expressway Authority to determine whether each employee will continue employment with the agency. In the hiring of an executive director of the agency, the governing body of the agency shall conduct a nationwide search in order to identify the most qualified candidate. (6) The members of the governing body of the agency shall not be entitled to compensation but shall be entitled to receive per diem and travel expenses as provided in s. 112.061. History. — s. 14, ch. 2019-169; s. 19, ch. 2021-188; s. 23, ch. 2023-70; s. 25, ch. 2024-2; s. 26, ch. 2025-149. 348.0305 Ethics requirements. (1) Notwithstanding any other provision of law to the contrary, members and employees of the agency are subject to part III of chapter 112. As used in this section, the term: (a) “Agency” means the Greater Miami Expressway Agency. (b) “Lobby” means to seek to influence the agency, on behalf of another person, with respect to a decision of the agency in an area of policy or procurement or to attempt to obtain the goodwill of an officer, employee, or consultant of the agency. The term does not include representing a client in any stage of applying for or seeking approval of any administrative action, or opposition to such action, provided such action does not require legislative discretion and is subject to judicial review by petitioning for writ of certiorari. (c) “Lobbyist” means a person who is employed and receives payment, or who contracts for economic consideration, to lobby or a person who is principally employed for governmental affairs by another person or entity to lobby on behalf of such person or entity. The term does not include a person who: 1. Represents a client in a judicial proceeding or in a formal administrative proceeding before the agency. 2. Is an officer or employee of any governmental entity acting in the normal course of his or her duties. 3. Consults under contract with the agency and communicates with the agency regarding issues related to the scope of services in his or her contract. 4. Is an expert witness who is retained or employed by an employer, principal, or client to provide only scientific, technical, or other specialized information provided in agenda materials or testimony only in public hearings, provided the expert identifies such employer, principal, or client at such hearing. 5. Seeks to procure a contract that is less than $20,000 or a contract pursuant to s. 287.056. (d) “Officer” means a member of the governing body of the agency. (e) “Principal” has the same meaning as in s. 112.3215. (f) “Relative” has the same meaning as in s. 112.312. (2)(a) A lobbyist may not be appointed or serve as a member of the governing body of the agency. (b) A person may not be appointed or serve as an officer if that person currently represents or has in the previous 4 years lobbied the agency or the former Miami-Dade County Expressway Authority. (c) A person may not be appointed or serve as an officer if that person has in the previous 4 years done business, or been an employee of a person or entity that has done business, with the agency or the former Miami-Dade County Expressway Authority. (d) A person may not be appointed or serve as an officer if that person has in the previous 2 years been an employee of the agency. (3) An officer, employee, or consultant of the agency or of the former Miami-Dade County Expressway Authority may not, for a period of 4 years after vacation of his or her position with the agency: (a) Lobby the agency. (b) Have an employment or contractual relationship with a business entity in connection with a contract in which the officer, employee, or consultant personally and substantially participated through decision, approval, disapproval, recommendation, rendering of advice, or investigation while he or she was an officer, employee, or consultant of the agency. When an agency employee’s position is eliminated and his or her former duties are performed by the business entity, this paragraph does not prohibit him or her from employment or a contractual relationship with the business entity if the employee’s participation in the contract was limited to recommendation, rendering of advice, or investigation and if the executive director of the agency determines that the best interests of the agency will be served thereby and provides prior written approval for the particular employee. (c) Have or hold any employment or contractual relationship with a business entity in connection with any contract for contractual services which was within his or her responsibility while an officer, employee, or consultant. If an agency employee’s position is eliminated and his or her former duties are performed by the business entity, this paragraph may be waived by the executive director of the agency through prior written approval for the particular employee if the executive director determines that the best interests of the agency will be served thereby. (4) Each officer, employee, and consultant of the agency must promptly disclose: (a) Every relationship that may create a conflict between his or her private interests and the performance of his or her duties to the agency or that would impede the full and faithful discharge of his or her duties to the agency. (b) Any relative and any employment or contractual relationship of such relative which, if held by the officer, employee, or consultant, would violate any provision of s. 112.313. (c) Any relative who is a lobbyist and such lobbyist’s principal. (d) Any direct or indirect interest in real property and such interest of any relative if such property is located within one-half mile of any actual or prospective agency project. The executive director of the agency shall provide a corridor map and a property ownership list reflecting the ownership of all real property within the disclosure area, or an alignment map with a list of associated owners, to all officers, employees, and consultants. (5) The disclosures required under subsection (4) must be filed with the agency general counsel in the manner specified by the general counsel. When the disclosure is filed by the general counsel, a copy must be provided to the executive director of the agency. (6) A violation of this section shall be considered a violation of the violator’s official, employment, or contractual duties to the agency. (7) Officers, employees, and consultants of the agency shall be adequately informed and trained on the provisions of this section and the state code of ethics and shall receive ongoing ethics training. (8) The state code of ethics shall apply to officers, employees, and consultants of the agency, and this section shall be enforced by the Commission on Ethics as part of the state code of ethics. (9) For purposes of this section, “consultant” does not include firms or individuals retained by the agency to provide architectural, engineering, landscape architecture, or registered surveying and mapping services as described in s. 287.055. History. — s. 14, ch. 2019-169; s. 73, ch. 2023-8; s. 5, ch. 2026-22. 348.0306 Purposes and powers. (1)(a) The agency created and established pursuant to this act may acquire, hold, construct, improve, maintain, operate, and own an expressway system. (b) The agency, in the construction of an expressway system, may construct expressways. Construction of an expressway system may be completed in segments, phases, or stages in a manner that will permit the expansion of these segments, phases, or stages to the desired expressway configuration. The agency, in the construction of an expressway system, may construct any extensions of, additions to, or improvements to the expressway system or appurtenant facilities, including all necessary approaches, roads, bridges, and avenues of access, with such changes, modifications, or revisions of the project that are deemed desirable and proper. For new capacity projects, the agency shall use the department’s design standards and, to the maximum extent practicable, design facilities such as the department would for high-speed limited access facilities. The agency may only add additional expressways to an expressway system, under the terms and conditions set forth in this act, with the prior express written consent of the board of county commissioners of Miami-Dade County or Monroe County, as applicable, and only if such additional expressways lack adequate committed funding for implementation, are financially feasible, and are compatible with the existing plans, projects, and programs of the agency. (2) The agency may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including, but not limited to, the following rights and powers: (a) To sue and be sued, implead and be impleaded, and complain and defend in all courts. (b) To adopt, use, and alter at will a corporate seal. (c) To acquire, purchase, hold, lease as lessee, and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the agency and to sell, lease as lessor, transfer, and dispose of any property or interest therein at any time acquired by it. (d) To enter into and make leases, either as lessee or as lessor, in order to carry out the right to lease as set forth in this act. (e) To fix, alter, charge, establish, and collect tolls, rates, fees, rentals, and other charges for the services and facilities system, which tolls, rates, fees, rentals, and other charges must always be sufficient to comply with any covenants made with the holders of any bonds secured by the net revenues of the expressway system, including any additions, extensions, or improvements thereof. However, such right and power may be assigned or delegated by the agency to the department. 1. Notwithstanding any other provision of law to the contrary, the agency may not increase its toll rates until July 1, 2029, including any increase to the extent necessary to adjust for inflation pursuant to the procedure for toll rate adjustments provided in s. 338.165, except: a. As may be necessary to comply with covenants in the trust indentures or resolutions adopted in connection with the agency’s bonds secured by the net revenues of the expressway system; or b. On or after July 1, 2024, as approved by a supermajority vote of the governing body of the agency. 2. A toll rate increase must be approved by a two-thirds vote of the members of the governing body of the agency. 3. The amount of toll revenues used for administrative costs by the agency may not be greater than 10 percent above the annual state average of administrative costs determined as provided in this subparagraph. The Florida Transportation Commission shall determine the annual state average of administrative costs based on the annual administrative costs of all the expressway authorities in this state. For purposes of this subparagraph, administrative costs include, but are not limited to, employee salaries and benefits, small business outreach, insurance, professional service contracts not directly related to the operation and maintenance of the expressway system, and other overhead costs. 4. There must be a distance of at least 5 miles between main through-lane tolling points. The distance requirement of this subparagraph does not apply to entry and exit ramps. However, the agency may establish toll rates such that the toll rate per mile is equal to the rates in effect on July 1, 2019. (f) To borrow money, make and issue negotiable notes, bonds, refund bonds, and other evidence of indebtedness of the agency, which bonds or other evidence of indebtedness may be issued pursuant to the State Bond Act or, in the alternative, pursuant to s. 348.0309(2) to finance or refinance additions, extensions, or improvements to the expressway system within the geographic boundaries of the agency, and to provide for the security of the bonds or other evidence of indebtedness and the rights and remedies of the holders of the bonds or other evidence of indebtedness. Any bonds or other evidence of indebtedness pledging the full faith and credit of the state may only be issued pursuant to the State Bond Act. 1. The agency shall reimburse the counties in which it exists for any sums expended from any county gasoline tax funds used for payment of such obligations. Any county gasoline tax funds so disbursed shall be repaid in accordance with the terms of any lease-purchase or interlocal agreement with any county or the department together with interest, at the rate agreed to in such agreement. In no event shall any county gasoline tax funds be more than a secondary pledge of revenues for repayment of any obligations issued pursuant to this part. 2. The agency may refund any bonds previously issued, to the extent allowable by federal tax laws, to finance or refinance an expressway system located within the geographic boundaries of the agency regardless of whether the bonds being refunded were issued by such agency, an agency of the state, or a county. (g) To enter contracts and to execute all instruments necessary or convenient for the carrying on of its business. Notwithstanding any other provision of law to the contrary, the agency is subject to the procurement and contracting requirements applicable to the department contained in chapters 287 and 337. (h) Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases, or other transactions with, any federal agency, the state, any agency of the state, any county, or any other public body of the state. (i) To have the power of eminent domain, including the procedural powers granted under chapters 73 and 74. (j) To pledge, hypothecate, or otherwise encumber all or any part of the revenues, tolls, rates, fees, rentals, or other charges or receipts of the agency, including all or any portion of county gasoline tax funds received by the agency pursuant to the terms of any lease-purchase agreement between the agency and the department, as security for all or any of the obligations of the agency. (k) To do all acts and things necessary or convenient for the conduct of its business and the general welfare of the agency in order to carry out the powers granted to it by law. (3) Notwithstanding any other provision of law to the contrary, the consent of any municipality is not necessary for any project of the agency, regardless of whether the project lies in whole or in part within the boundaries of the municipality, if the project is consistent with the locally adopted comprehensive plan. However, if a project is inconsistent with the affected municipal comprehensive plan, the project may not proceed without a hearing pursuant to ss. 120.569 and 120.57 at which it is determined that the project is consistent with the adopted metropolitan planning organization transportation improvement plan, if any, and the applicable strategic regional plan, and at which regional interests are determined to clearly override the interests of the municipality. (4) The use or pledge of all or any portion of county gasoline tax funds may not be made without the prior express written consent of the board of county commissioners of each county located within the geographic boundaries of the agency. (5) The agency shall comply with all statutory requirements of general application which relate to the filing of any report or documentation required by law, including the requirements of ss. 189.015, 189.016, 189.051, and 189.08. (6) Notwithstanding subsection (3) or any other provision of law to the contrary, the agency may not undertake any construction that is not consistent with both the metropolitan planning organization’s transportation improvement program and the county’s comprehensive plan in an area served by the agency. (7) The agency may finance or refinance the planning, design, acquisition, construction, extension, rehabilitation, equipping, preservation, maintenance, or improvement of a public transportation facility or transportation facilities owned or operated by such county, an intermodal facility or facilities, multimodal corridor or corridors, including, but not limited to, bicycle facilities or greenways that will improve transportation services within the county, or any programs or projects that will improve the levels of service on an expressway system, subject to approval of the governing body of the county after public hearing. (8) The governing body of a county served by the agency may enter into an interlocal agreement with the agency pursuant to s. 163.01 for the joint performance or performance by either governmental entity of any corporate function of the county or agency necessary or appropriate to enable the agency to fulfill the powers and purposes of this part and promote the efficient and effective transportation of persons and goods in such county. (9) The agency must have an annual financial audit conducted by an independent certified public accountant licensed pursuant to chapter 473, and the audit report must be made available on the agency’s website. History. — s. 14, ch. 2019-169; s. 24, ch. 2023-70. 348.0307 Greater Miami Toll Rebate Program. There is created by the agency the Greater Miami Toll Rebate Program. (1) The agency shall develop and implement a monthly rebate program for the month beginning January 1, 2020, subject to: (a) Compliance with any covenants made with the holders of the agency’s bonds which are in the trust indentures or resolutions adopted in connection with the issuance of the agency’s bonds; (b) Consideration of the financial feasibility of such a program as reported by the Auditor General as required by this act; and (c) Consideration of the impact of such a program to the financial feasibility of prioritized projects that have been allocated funds for a project development and an environmental study but are not contained in the 5-year work program on July 1, 2019. (2) Monthly rebates shall be credited to the account of each SunPass holder who incurs $12.50 or more in tolls on the expressway system each month and whose SunPass is registered to a motor vehicle registered to an address in the county. (3) In developing its rebate program, the agency shall have a goal of rebating 25 percent of tolls paid by eligible SunPass holders. Following initiation of the program, the agency, once every 5 years, shall review the amount of the toll rebate and may adjust the amount of the toll rebate. (4) The agency may not impose additional requirements for receipt of the toll rebate. History. — s. 14, ch. 2019-169. 348.0308 Public-private partnership. The Legislature declares that there is a public need for the rapid construction of safe and efficient transportation facilities for traveling within the state and that it is in the public’s interest to provide for public-private partnership agreements to effectuate the construction of additional safe, convenient, and economical transportation facilities. (1) The agency may receive or solicit proposals and enter into agreements with private entities, or consortia thereof, for the building, operation, ownership, or financing of agency transportation facilities or new transportation facilities within the jurisdiction of the agency which increase transportation capacity. The agency may not sell or lease any transportation facility owned by the agency without providing the analysis required in s. 334.30(6)(e)2. to the Legislative Budget Commission created pursuant to s. 11.90 for review and approval before awarding a contract on a lease of an existing toll facility. The agency may adopt rules to implement this section and shall, by rule, establish an application fee for the submission of unsolicited proposals under this section. The fee must be sufficient to pay the costs of evaluating the proposals. The agency may engage private consultants to assist in the evaluation. Before approval, the agency must determine that a proposed project: (a) Is in the public’s best interest. (b) Would not require state funds to be used unless the project is on or provides increased mobility on the State Highway System. (c) Would have adequate safeguards to ensure that no additional costs or service disruptions would be realized by the traveling public and residents of the state in the event of default or the cancellation of the agreement by the agency. (d) Would have adequate safeguards in place to ensure that the department, the agency, or the private entity has the opportunity to add capacity to the proposed project and other transportation facilities serving similar origins and destinations. (e) Would be owned by the agency upon completion or termination of the agreement. (2) The agency shall ensure that all reasonable costs to the state which are related to transportation facilities that are not part of the State Highway System are borne by the private entity. The agency shall also ensure that all reasonable costs to the state and substantially affected local governments and utilities related to the private transportation facility are borne by the private entity for transportation facilities that are owned by private entities. For projects on the State Highway System, the department may use state resources to participate in funding and financing the project as provided for under the department’s enabling legislation. (3) The agency may request proposals for public-private transportation projects or, if it receives an unsolicited proposal, it must publish a notice in the Florida Administrative Register and, as provided in chapter 50, on a publicly accessible website or by print in a newspaper qualified to publish legal notices in the county in which the project is located at least once a week for 2 weeks stating that it has received the proposal and will accept, for 60 days after the initial date of publication, other proposals for the same project purpose. A copy of the notice must be mailed to each local government in the affected areas. After the public notification period has expired, the agency shall rank the proposals in order of preference. In ranking the proposals, the agency shall consider professional qualifications, general business terms, innovative engineering or cost-reduction terms, finance plans, and the need for state funds to deliver the proposal. If the agency is not satisfied with the results of the negotiations, it may, at its sole discretion, terminate negotiations with the proposer. If these negotiations are unsuccessful, the agency may go to the second and lower-ranked firms, in order, using the same procedure. If only one proposal is received, the agency may negotiate in good faith, and if it is not satisfied with the results, it may, at its sole discretion, terminate negotiations with the proposer. The agency may, at its discretion, reject all proposals at any point in the process up to completion of a contract with the proposer. (4) Agreements entered into pursuant to this section may authorize the public-private entity to impose tolls or fares for the use of the facility. However, the amount and use of toll or fare revenues shall be regulated by the agency to avoid unreasonable costs to users of the facility. (5) Each public-private transportation facility constructed pursuant to this section shall comply with all requirements of federal, state, and local laws; state, regional, and local comprehensive plans; the agency’s rules, policies, procedures, and standards for transportation facilities; and any other conditions that the agency determines to be in the public’s best interest. (6) The agency may exercise any power possessed by it, including eminent domain, to facilitate the development and construction of transportation projects pursuant to this section. The agency may pay all or part of the cost of operating and maintaining the facility or may provide services to the private entity for which it receives full or partial reimbursement for services rendered. (7) Except as herein provided, this section is not intended to amend existing laws by granting additional powers to or further restricting the governmental entities from regulating and entering into cooperative arrangements with the private sector for the planning, construction, and operation of transportation facilities. History. — s. 14, ch. 2019-169; s. 23, ch. 2021-17; s. 18, ch. 2022-103. 348.0309 Bonds. (1) Bonds may be issued on behalf of the agency as provided by the State Bond Act. (2)(a) The agency may issue bonds pursuant to this part which do not pledge the full faith and credit of the state in such principal amount as, in the opinion of the agency, is necessary to provide sufficient moneys for achieving its corporate purposes. (b) The bonds of the agency issued pursuant to this part, whether on original issuance or refunding, must be authorized by resolution of the agency after approval of the issuance of the bonds at a public hearing and may be either term or serial bonds; shall bear such date or dates; mature at such time or times; bear interest at such rate or rates; be payable semiannually; be in such denominations; be in such form, either coupon or fully registered; shall carry such registration, exchangeability, and interchangeability privileges; be payable in such medium of payment and at such place or places; be subject to such terms of redemption; and be entitled to such priorities on the revenues, rates, fees, rentals, or other charges or receipts of the agency, including any county gasoline tax funds received by the agency pursuant to the terms of any interlocal or lease-purchase agreement between the agency or a county, as such resolution or any resolution subsequent thereto may provide. The bonds must be executed by such officers as the agency determines under s. 279.06. (c) Such bonds shall be sold by the agency at public sale by competitive bid. However, if the agency, after receipt of a written recommendation from a financial adviser, determines by official action after public hearing by a two-thirds vote of all voting members of the agency that a negotiated sale of the bonds is in the best interest of the agency, the agency may negotiate for sale of the bonds with the underwriter or underwriters designated by the agency and the counties in which the agency exists. The agency shall provide specific findings in a resolution as to the reasons requiring the negotiated sale, which resolution shall incorporate and have attached thereto the written recommendation of the financial adviser required by this subsection. (d) Any such resolution or resolutions authorizing any bonds hereunder which do not pledge the full faith and credit of the state may contain provisions that are part of the contract with the holders of the bonds, as the agency determines proper. In addition, the agency may enter into trust indentures or other agreements with its fiscal agent, or with any bank or trust company within or without the state, as security for such bonds, and may, under the agreements, assign and pledge the revenues, rates, fees, rentals, tolls, or other charges or receipts of the agency, including any county gasoline tax funds received by the agency. (e) Any of the bonds issued pursuant to this part are negotiable instruments and have all the qualities and incidents of negotiable instruments under the law merchant and the negotiable instruments law of the state. (f) Each project, building, or facility that has been or will be financed by the issuance of bonds or other evidence of indebtedness and that does not pledge the full faith and credit of the state under this part and any refinancing thereof is subject to review and approval by the Legislative Budget Commission. History. — s. 14, ch. 2019-169; s. 25, ch. 2023-70. 348.03101 Department may be appointed agent of agency for construction. The department may be appointed by the agency as its agent for the purpose of constructing improvements and extensions to an expressway system and for the completion thereof. In such event, the agency shall provide the department with complete copies of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall request the department to do such construction work, including the planning, surveying, and actual construction of the completion of and extensions and improvements to the expressway system; and shall transfer to the credit of an account of the department in the State Treasury the necessary funds therefor. The department shall thereupon proceed with such construction and use the funds for such purpose in the same manner as it is now authorized to use the funds otherwise provided by law for its use in the construction of roads and bridges. History. — s. 14, ch. 2019-169. 348.0311 Acquisition of lands and property. (1) For the purposes of this act, the agency may acquire such rights, title, or interest in private or public property and such property rights, including easements, rights of access, air, view, and light, by gift, devise, purchase, or condemnation by eminent domain proceedings, as the agency may deem necessary for any of the purposes of this act, including, but not limited to, any lands reasonably necessary for securing applicable permits, areas necessary for management of access, borrow pits, drainage ditches, water retention areas, rest areas, replacement access for landowners whose access is impaired due to the construction of an expressway system, and replacement rights-of-way for relocated rail and utility facilities; for existing, proposed, or anticipated transportation facilities on the expressway system or in a transportation corridor designated by the agency; or for the purposes of screening, relocation, removal, or disposal of junkyards and scrap metal processing facilities. The agency may also condemn any material and property necessary for such purposes. (2) The agency and its authorized agents, contractors, and employees are authorized to enter upon any lands, waters, and premises, upon giving reasonable notice to the landowner, for the purpose of making surveys, soundings, drillings, appraisals, environmental assessments including phase I and phase II environmental surveys, archaeological assessments, and such other examinations as are necessary for the acquisition of private or public property and property rights, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation by eminent domain proceedings or as are necessary for the agency to perform its duties and functions, and any such entry shall not be deemed a trespass or an entry that would constitute a taking in an eminent domain proceeding. The agency shall make reimbursement for any actual damage to such lands, water, and premises as a result of such activities. Any entry authorized by this subsection shall be in compliance with the premises protections and landowner liability provisions contained in s. 472.029. (3) The right of eminent domain conferred by this act must be exercised by the agency in the manner provided by law. (4) When the agency acquires property for an expressway system or in a transportation corridor as defined in s. 334.03, it is not subject to any liability imposed by chapter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. This subsection does not affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The agency and the Department of Environmental Protection may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the agency. History. — s. 14, ch. 2019-169. 348.0312 Cooperation with other units, boards, agencies, and individuals. Express authority and power is given and granted to any county, municipality, drainage district, road and bridge district, school district, or other political subdivision, board, commission, or individual in or of this state to enter into contracts, leases, conveyances, or other agreements within the provisions and purposes of this act with the agency. The agency may enter into contracts, leases, conveyances, and other agreements, to the extent consistent with chapters 334, 335, 338, and 339 and other provisions of the laws of the state and with 23 U.S.C. ss. 101 et seq., with any political subdivision, agency, or instrumentality of the state and any and all federal agencies, corporations, and individuals for the purpose of carrying out the provisions of this act. History. — s. 14, ch. 2019-169. 348.0313 Covenant of the state. The state does hereby pledge to, and agrees with, any person, firm, corporation, or federal or state agency subscribing to or acquiring the bonds to be issued by the agency for the purposes of this act that the state will not limit or alter the rights hereby vested in the agency and the department until all bonds at any time issued, together with the interest thereon, are fully paid and discharged, insofar as the same affects the rights of the holders of bonds issued hereunder. The state does further pledge to, and agrees with, the United States that, in the event any federal agency constructs, or contributes any funds for the completion, extension, or improvement of, an expressway system or any part or portion thereof, the state will not alter or limit the rights and powers of the agency and the department in any manner which would be inconsistent with the continued maintenance and operation of the expressway system or the completion, extension, or improvement thereof or which would be inconsistent with the due performance of any agreement between the agency and any such federal agency, and the agency and the department shall continue to have and may exercise all powers granted so long as the same shall be necessary or desirable for carrying out the purposes of this act and the purposes of the United States in the completion, extension, or improvement of the expressway system or any part or portion thereof. History. — s. 14, ch. 2019-169. 348.0314 Exemption from taxation. The effectuation of the authorized purposes of the agency is in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. For this reason, the agency is not required to pay any taxes or assessments of any kind or nature whatsoever upon any property acquired by it or used by it for such purposes or upon any revenues at any time received by it. The bonds issued by or on behalf of the agency, their transfer, and the income therefrom, including any profits made on the sale thereof, are exempt from taxation of any kind by the state or by any political subdivision or other taxing agency or instrumentality thereof. The exemption granted by this section does not apply to any tax imposed under chapter 220 on interest, income, or profits on debt obligations owned by corporations. History. — s. 14, ch. 2019-169. 348.0315 Public accountability. (1) The agency shall post the following information on its website: (a) Audited financial statements and any interim financial reports. (b) Board and committee meeting agendas, meeting packets, and minutes. (c) Bond covenants for any outstanding bond issues. (d) Agency budgets. (e) Agency contracts. For purposes of this paragraph, the term “contract” means a written agreement or purchase order issued for the purchase of goods or services or a written agreement for the receipt of state or federal financial assistance. (f) Agency expenditure data, which must include the name of the payee, the date of the expenditure, and the amount of the expenditure. Such data must be searchable by name of the payee, name of the paying agency, and fiscal year and must be downloadable in a format that allows offline analysis. (g) Information relating to current, recently completed, and future projects on agency facilities. (2) Beginning October 1, 2024, and annually thereafter, the agency shall submit to the metropolitan planning organization for each county served by the agency a report providing information regarding the amount of tolls collected and how those tolls were used in the agency’s previous fiscal year. The report shall be posted on the agency’s website. History. — s. 14, ch. 2019-169; s. 26, ch. 2023-70. 348.0316 Eligibility for investments and security. Any bonds or other obligations issued pursuant to this part shall be and constitute legal investments for banks, savings banks, trustees, executors, administrators, and all other fiduciaries and for all state, municipal, and other public funds and shall also be and constitute securities eligible for deposit as security for all state, municipal, or other public funds, notwithstanding the provisions of any other law or laws to the contrary. History. — s. 14, ch. 2019-169. 348.0317 Pledges enforceable by bondholders. It is the express intention of this part that any pledge by the department of rates, fees, revenues, county gasoline tax funds, or other funds, as rentals, to the agency, or any covenants or agreements relative thereto, may be enforceable in any court of competent jurisdiction against the agency or directly against the department by any holder of bonds issued by the agency. History. — s. 14, ch. 2019-169. 348.0318 This part complete and additional authority. (1) The powers conferred by this part are in addition and supplemental to the existing powers of the department and the governing body of the agency, and this part may not be construed as repealing any of the provisions of any other law, general, special, or local, but to supersede such other laws in the exercise of the powers provided in this part and to provide a complete method for the exercise of the powers granted in this part. The extension and improvement of the expressway system, and the issuance of bonds pursuant to this part to finance all or part of the cost of the system, may be accomplished upon compliance with the provisions of this part without regard to or necessity for compliance with the provisions, limitations, or restrictions contained in any other general, special, or local law, including, but not limited to, s. 215.821, and no approval of any bonds issued under this part by the qualified electors or qualified electors who are freeholders in the state or in Miami-Dade County, in Monroe County, or in any other political subdivision of the state, is required for the issuance of such bonds pursuant to this part, including, but not limited to, s. 215.821. (2) This part does not repeal, rescind, or modify any other law relating to the State Board of Administration, the Department of Transportation, or the Division of Bond Finance of the State Board of Administration, but supersedes any law that is inconsistent with the provisions of this part, including, but not limited to, s. 215.821. History. — s. 14, ch. 2019-169; s. 27, ch. 2023-70. PART II TAMPA-HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY 348.50 Title of law. 348.51 Definitions. 348.52 Tampa-Hillsborough County Expressway Authority. 348.53 Purposes of the authority. 348.54 Powers of the authority. 348.545 Facility improvement; bond financing authority. 348.56 Bonds of the authority. 348.565 Revenue bonds for specified projects. 348.57 Refunding bonds. 348.58 Remedies. 348.59 Traffic control. 348.60 Lease-purchase agreements. 348.61 Department may be appointed agent of authority for construction. 348.62 Acquisition of lands and property. 348.63 Cooperation with other units, boards, agencies and individuals. 348.635 Public-private partnership. 348.64 Covenant of the state. 348.65 Exemption from taxation. 348.66 Eligibility for investments and security. 348.67 Pledges enforceable for bondholders. 348.68 Consultation with Hillsborough County City-County Planning Commission. 348.681 Design standards. 348.70 This part complete and additional authority. 348.50 Title of law. This part shall be known and may be cited as the “Tampa-Hillsborough County Expressway Authority Law.” History. — s. 1, ch. 63-447. 348.51 Definitions. The following terms whenever used or referred to in this part shall have the following meanings, except in those instances where the context clearly indicates otherwise: (1) “Agency of the state” means and includes the state and any department of, or corporation, agency, or instrumentality heretofore or hereafter created, designated, or established by, the state. (2) “Authority” means the body politic, corporate, and agency of the state created by this part. (3) “Bonds” means and includes the notes, bonds, refunding bonds, or other evidences of indebtedness or obligations, in either temporary or definitive form, which the authority is authorized to issue pursuant to this part. (4) “City” means the City of Tampa. (5) “County” means the County of Hillsborough. (6) “Department” means the Department of Transportation of Florida and any successor thereto. (7) “Expressway system” or “system” means, generally, a modern highway system of roads, bridges, causeways, and tunnels in the metropolitan area of the city, or within any area of the county, with access limited or unlimited as the authority may determine, and such buildings and structures and appurtenances and facilities related thereto, including all approaches, streets, roads, bridges, and avenues of access for such system. (8) “Federal agency” means and includes the United States, the President of the United States, and any department of, or bureau, corporation, agency, or instrumentality heretofore or hereafter created, designated, or established by, the United States. (9) “Hillsborough County gasoline tax funds” means all the 80-percent surplus gasoline tax funds or 20-percent surplus gasoline tax funds accruing in each year to the Department of Transportation or the county, as the case may be, for use in Hillsborough County under the provisions of s. 9, Art. XII of the State Constitution, after deduction, if and only to the extent necessary, of any amounts of said gasoline tax funds heretofore pledged by the Department of Transportation or the county for outstanding obligations. (10) “Lease-purchase agreement” or “lease-purchase agreements” means the lease-purchase agreement or agreements which the authority is authorized pursuant to this part to execute. (11) “Members” means the governing body of the authority, and the term “member” means one of the individuals constituting such governing body. (12) “Revenues” means all tolls, revenues, rates, fees, charges, receipts, rentals, contributions, and other income derived from or in connection with the operation or ownership of the expressway system, including the proceeds of any use and occupancy insurance on any portion of the system but excluding any Hillsborough County gasoline tax funds. (13) Words importing singular number include the plural number in each case and vice versa, and words importing persons include firms and corporations. History. — s. 2, ch. 63-447; s. 18, ch. 69-216; s. 1, ch. 69-361; ss. 23, 35, ch. 69-106; s. 1, ch. 76-256; s. 28, ch. 2010-225. 348.52 Tampa-Hillsborough County Expressway Authority. (1) There is hereby created and established a body politic and corporate, an agency of the state, to be known as the “Tampa-Hillsborough County Expressway Authority.” (2) The governing body of the authority shall consist of a board of seven members. (a) Four of the members shall be appointed by the Governor subject to confirmation by the Senate at the next regular session of the Legislature. Refusal or failure of the Senate to confirm an appointment shall create a vacancy. 1. Each such member’s term of office shall be for 4 years or until his or her successor shall have been appointed and qualified. 2. Vacancies occurring in the governing body for any such members prior to the expiration of the affected term shall be filled for the unexpired term. 3. The Governor shall have the authority to remove from office any such member of the governing body in the manner and for cause defined by the laws of this state. 4. Each such member, before entering upon his or her official duties, shall take and subscribe to an oath before some official authorized by law to administer oaths that he or she will honestly, faithfully, and impartially perform the duties devolving upon him or her in office as a member of the governing body of the authority and that he or she will not neglect any duties imposed upon him or her by this part. (b) One member shall be the mayor, or the mayor’s designate, who shall be the chair of the city council of the city in Hillsborough County having the largest population, according to the latest decennial census, who shall serve as a member ex officio. (c) One member shall be a member of the Board of County Commissioners of Hillsborough County, selected by such board, who shall serve as a member ex officio. (d) One member shall be the district secretary of the Department of Transportation serving in the district that contains Hillsborough County, who shall serve ex officio. (3) The authority shall designate one of its members as chair. The members of the authority shall not be entitled to compensation but shall be entitled to receive their travel and other necessary expenses as provided in s. 112.061. A majority of the members of the authority shall constitute a quorum, and resolutions enacted or adopted by a vote of a majority of the members present and voting at any meeting shall become effective without publication or posting or any further action of the authority. (4) The authority may employ a secretary and executive director, its own counsel and legal staff, and such legal, financial, and other professional consultants, technical experts, engineers, and employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation of such persons, firms, or corporations. The authority may contract with the Division of Bond Finance of the State Board of Administration for any financial services authorized herein. (5) The authority may delegate to one or more of its officers or employees such of its powers as it shall deem necessary to carry out the purposes of this part, subject always to the supervision and control of the authority. Members of the authority may be removed from their office by the Governor for misconduct, malfeasance, misfeasance, and nonfeasance in office. History. — s. 3, ch. 63-447; ss. 22, 35, ch. 69-106; s. 1, ch. 74-369; s. 1, ch. 87-549; s. 8, ch. 88-215; s. 289, ch. 92-279; s. 55, ch. 92-326; s. 54, ch. 95-143; s. 518, ch. 95-148. 348.53 Purposes of the authority. The authority is created for the purposes and shall have power to construct, reconstruct, improve, extend, repair, maintain and operate the expressway system. It is hereby found and declared that such purposes are in all respects for the benefit of the people of the State of Florida, the City of Tampa, and the County of Hillsborough for the increase of their pleasure, convenience, and welfare; for the improvement of their health; and to facilitate transportation, including managed lanes and other transit supporting facilities, for their recreation and commerce and for the common defense. The authority is performing a public purpose and a governmental function in carrying out its corporate purpose and in exercising the powers granted herein. History. — s. 4, ch. 63-447; s. 8, ch. 2014-169. 348.54 Powers of the authority. Except as otherwise limited herein, the authority shall have the power: (1) To sue and be sued, implead and be impleaded, complain and defend in all courts. (2) To adopt, use and alter at will, a seal. (3) To acquire, purchase, hold, lease as lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time acquired by it. (4) To construct, reconstruct or improve on or along the system suitable facilities for gas stations, restaurants and other facilities for the public; suc