Bill Text: FL S1132 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Transportation
Spectrum: Bipartisan Bill
Status: (Failed) 2013-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 85 (Ch. 2013-223), CS/CS/HB 7125 (Ch. 2013-160) [S1132 Detail]
Download: Florida-2013-S1132-Introduced.html
Bill Title: Department of Transportation
Spectrum: Bipartisan Bill
Status: (Failed) 2013-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 85 (Ch. 2013-223), CS/CS/HB 7125 (Ch. 2013-160) [S1132 Detail]
Download: Florida-2013-S1132-Introduced.html
Florida Senate - 2013 SB 1132 By Senator Brandes 22-00495B-13 20131132__ 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; requiring the Transportation 4 Commission to also monitor the Mid-Bay Bridge 5 Authority; deleting provisions relating to the Florida 6 Statewide Passenger Rail Commission; amending s. 7 110.205, F.S.; changing to the State Freight and 8 Logistics Administrator from the State Public 9 Transportation and Modal Administrator, which is an 10 exempt position not covered under career service; 11 creating s. 163.3176, F.S.; providing legislative 12 intent; requiring that a local government ensure that 13 noise compatible land-use planning is used in its 14 jurisdiction; providing guidelines; providing for the 15 sharing of related costs of construction if a local 16 government does not comply with the noise mitigation 17 requirements; requiring that local governments consult 18 with the Department of Transportation and the 19 Department of Economic Opportunity in the formulation 20 of noise mitigation requirements; amending s. 21 206.9825, F.S.; revising the criteria that certain air 22 carriers must meet to qualify for an exemption to the 23 aviation fuel tax; providing remedies for failure by 24 an air carrier to meet the standards; authorizing 25 terminal suppliers and wholesalers to receive a 26 credit, or apply, for a refund of aviation fuel tax 27 previously paid; conforming terminology; authorizing 28 the Department of Revenue to adopt rules; repealing s. 29 316.530(3), F.S., relating to load limits for certain 30 towed vehicles; amending s. 316.545, F.S.; increasing 31 the weight amount used for penalty calculations; 32 conforming terminology; amending s. 331.360, F.S.; 33 reordering provisions; providing for a spaceport 34 system plan; providing funding for space 35 transportation projects from the State Transportation 36 Trust Fund; requiring Space Florida to provide the 37 Department of Transportation with specific project 38 information and to demonstrate transportation and 39 aerospace benefits; specifying the information to be 40 provided; providing funding criteria; providing 41 criteria for the Spaceport Investment Program; 42 providing for funding; authorizing the use of revenues 43 for the payment of forms of indebtedness issued by 44 Space Florida; providing restrictions and criteria for 45 the use of certain revenues; amending s. 332.007, 46 F.S.; authorizing the Department of Transportation to 47 fund strategic airport investments; providing 48 criteria; amending s. 334.044, F.S.; prohibiting the 49 department from entering into a lease-purchase 50 agreement with certain transportation authorities 51 after a specified time; amending s. 337.11, F.S.; 52 removing the requirement that a contractor provide a 53 notarized affidavit as proof of registration; amending 54 s. 337.14, F.S.; revising the criteria for bidding 55 certain construction contracts to require a proposed 56 budget estimate if a contract is more than a specified 57 amount; amending s. 337.168, F.S.; providing that a 58 document that reveals the identity of a person who has 59 requested or received certain information before a 60 certain time is a public record; amending s. 337.251, 61 F.S.; revising criteria for leasing particular 62 department property; increasing the time the 63 department must accept proposals for lease after a 64 notice is published; authorizing the department to 65 establish an application fee by rule; providing 66 criteria for the fee; providing criteria that the 67 lease must meet; amending s. 337.408, F.S.; providing 68 regulations for parking meters and spaces in rights 69 of-way; requiring each county or municipality to remit 70 certain revenue to the department; directing the 71 department to deposit the funds into the State 72 Transportation Trust Fund; amending s. 338.161, F.S.; 73 authorizing the department to enter into agreements 74 with owners of public or private transportation 75 facilities rather than entities that use the 76 department’s electronic toll collection and video 77 billing systems to collect certain charges; amending 78 s. 338.165, F.S.; removing the Beeline-East Expressway 79 and the Navarre Bridge from the list of facilities 80 that have toll revenues to secure their bonds; 81 amending s. 338.26, F.S.; revising the uses of fees 82 that are generated from tolls to include the design 83 and construction of a fire station that may be used by 84 certain local governments in accordance with a 85 specified memorandum; removing authority of a district 86 to issue bonds or notes; amending s. 339.175, F.S.; 87 revising the criteria that qualify a local government 88 for participation in a metropolitan planning 89 organization; revising the criteria to determine 90 voting membership of a metropolitan planning 91 organization; providing that each metropolitan 92 planning organization shall review its membership and 93 reapportion it as necessary; providing criteria; 94 removing the requirement that the Governor review and 95 apportion the voting membership among the various 96 governmental entities within the metropolitan planning 97 area; amending s. 339.2821, F.S.; authorizing 98 Enterprise Florida, Inc., to be a consultant to the 99 Department of Transportation for consideration of 100 expenditures associated with and contracts for 101 transportation projects; revising the requirements for 102 economic development transportation project contracts 103 between the department and a governmental entity; 104 amending s. 339.55, F.S.; adding spaceports to the 105 list of facility types for which the state-funded 106 infrastructure bank may lend capital costs or provide 107 credit enhancements; amending s. 341.031, F.S.; 108 revising the definition of the term “intercity bus 109 service”; amending s. 341.053, F.S.; revising the 110 types of eligible projects and criteria of the 111 intermodal development program; amending s. 341.302, 112 F.S.; authorizing the Department of Transportation to 113 undertake ancillary development for appropriate 114 revenue sources to be used for state-owned rail 115 corridors; amending ss. 343.82 and 343.922, F.S.; 116 removing reference to advances from the Toll 117 Facilities Revolving Trust Fund as a source of funding 118 for certain projects by an authority; creating ch. 119 345, F.S., relating to the Florida Regional Tollway 120 Authority; creating s. 345.0001, F.S.; providing a 121 short title; creating s. 345.0002, F.S.; providing 122 definitions; creating s. 345.0003, F.S.; authorizing 123 counties to form a regional tollway authority that can 124 construct, maintain, or operate transportation 125 projects in a region of the state; providing for 126 governance of the authority; creating s. 345.0004, 127 F.S.; providing for the powers and duties of a 128 regional tollway authority; limiting an authority’s 129 power with respect to an existing system; prohibiting 130 an authority from pledging the credit or taxing power 131 of the state or any political subdivision or agency of 132 the state; requiring that an authority comply with 133 certain reporting and documentation requirements; 134 creating s. 345.0005, F.S.; authorizing the authority 135 to issue bonds; providing that the issued bonds must 136 meet certain requirements; providing that the 137 resolution that authorizes the issuance of bonds meet 138 certain requirements; authorizing an authority to 139 enter into security agreements for issued bonds with a 140 bank or trust company; providing that the issued bonds 141 are negotiable instruments and have certain qualities; 142 providing that a resolution authorizing the issuance 143 of bonds and pledging of revenues of the system must 144 contain certain requirements; prohibiting the use or 145 pledge of state funds to pay principal or interest of 146 an authority’s bonds; creating s. 345.0006, F.S.; 147 providing for the rights and remedies granted to 148 certain bondholders; providing the actions a trustee 149 may take on behalf of the bondholders; providing for 150 the appointment of a receiver; providing for the 151 authority of the receiver; providing limitations to 152 the receiver’s authority; creating s. 345.0007, F.S.; 153 providing that the Department of Transportation is the 154 agent of each authority for specified purposes; 155 providing for the administration and management of 156 projects by the department; providing limits on the 157 department as an agent; providing for the fiscal 158 responsibilities of the authority; creating s. 159 345.0008, F.S.; authorizing the department to provide 160 for or commit its resources for an authority project 161 or system, if approved by the Legislature; providing 162 for payment of expenses incurred by the department on 163 behalf of an authority; requiring the department to 164 receive a share of the revenue from the authority; 165 providing calculations for disbursement of revenues; 166 creating s. 345.0009, F.S.; authorizing the authority 167 to acquire private or public property and property 168 rights for a project or plan; authorizing the 169 authority to exercise the right of eminent domain; 170 providing for the rights and liabilities and remedial 171 actions relating to property acquired for a 172 transportation project or corridor; creating s. 173 345.0010, F.S.; providing for contracts between 174 governmental entities and an authority; creating s. 175 345.0011, F.S.; providing that the state will not 176 limit or alter the vested rights of a bondholder with 177 regard to any issued bonds or rights relating to the 178 bonds under certain conditions; creating s. 345.0012, 179 F.S.; relieving the authority from the obligation of 180 paying certain taxes or assessments for property 181 acquired or used for certain public purposes or for 182 revenues received relating to the issuance of bonds; 183 providing exceptions; creating s. 345.0013, F.S.; 184 providing that the bonds or obligations issued are 185 legal investments of specified entities; creating s. 186 345.0014, F.S.; providing applicability; creating s. 187 345.0015, F.S.; creating the Northwest Florida 188 Regional Tollway Authority; creating s. 345.0016, 189 F.S.; creating the Okaloosa-Bay Regional Tollway 190 Authority; creating s. 345.0017, F.S.; creating the 191 Suncoast Regional Tollway Authority; providing for the 192 transfer of the governance and control of the Mid-Bay 193 Bridge Authority System to the Okaloosa-Bay Regional 194 Tollway Authority; providing for the disposition of 195 bonds, the protection of the bondholders, the effect 196 on the rights and obligations under a contract or the 197 bonds, and the revenues associated with the bonds; 198 providing effective dates. 199 200 Be It Enacted by the Legislature of the State of Florida: 201 202 Section 1. Paragraph (b) of subsection (2) and subsection 203 (3) of section 20.23, Florida Statutes, are amended, and present 204 subsections (4) through (7) of that subsection are renumbered as 205 subsections (3) through (6), to read: 206 20.23 Department of Transportation.—There is created a 207 Department of Transportation which shall be a decentralized 208 agency. 209 (2) 210 (b) The commission shallhave the primary functions to: 211 1. Recommend major transportation policies for the 212 Governor’s approval, and assure that approved policies and any 213 revisionstheretoare properly executed. 214 2. Periodically review the status of the state 215 transportation system including highway, transit, rail, seaport, 216 intermodal development, and aviation components of the system 217 and recommend improvements therein to the Governor and the 218 Legislature. 219 3. Perform an in-depth evaluation of the annual department 220 budget request, the Florida Transportation Plan, and the 221 tentative work program for compliance with all applicable laws 222 and established departmental policies. Except as specifically 223 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 224 not consider individual construction projects, but shall 225 consider methods of accomplishing the goals of the department in 226 the most effective, efficient, and businesslike manner. 227 4. Monitor the financial status of the department on a 228 regular basis to assure that the department is managing revenue 229 and bond proceeds responsibly and in accordance with law and 230 established policy. 231 5. Monitor on at least a quarterly basis, the efficiency, 232 productivity, and management of the department, using 233 performance and production standards developed by the commission 234 pursuant to s. 334.045. 235 6. Perform an in-depth evaluation of the factors causing 236 disruption of project schedules in the adopted work program and 237 recommend to the Legislature and the Governor methods to 238 eliminate or reduce the disruptive effects of these factors. 239 7. Recommend to the Governor and the Legislature 240 improvements to the department’s organization in order to 241 streamline and optimize the efficiency of the department. In 242 reviewing the department’s organization, the commission shall 243 determine if the current district organizational structure is 244 responsive to Florida’s changing economic and demographic 245 development patterns. The initial report by the commission must 246 be delivered to the Governor and Legislature by December 15, 247 2000, and each year thereafter, as appropriate. The commission 248 may retainsuchexperts thatasare reasonably necessary to 249 effectuate this subparagraph, and the department shall pay the 250 expenses of thesuchexperts. 251 8. Monitor the efficiency, productivity, and management of 252 the authorities created under chapters 348 and 349, including 253 any authority formed using the provisions of part I of chapter 254 348, the Mid-Bay Bridge Authority created pursuant to chapter 255 2000-411, Laws of Florida, and any authority formed under 256 chapter 343 which is not monitored under subsection (3). The 257 commission shall also conduct periodic reviews of each 258 authority’s operations and budget, acquisition of property, 259 management of revenue and bond proceeds, and compliance with 260 applicable laws and generally accepted accounting principles. 261(3) There is created the Florida Statewide Passenger Rail262Commission.263(a)1. The commission shall consist of nine voting members264appointed as follows:265a. Three members shall be appointed by the Governor, one of266whom must have a background in the area of environmental267concerns, one of whom must have a legislative background, and268one of whom must have a general business background.269b. Three members shall be appointed by the President of the270Senate, one of whom must have a background in civil engineering,271one of whom must have a background in transportation272construction, and one of whom must have a general business273background.274c. Three members shall be appointed by the Speaker of the275House of Representatives, one of whom must have a legal276background, one of whom must have a background in financial277matters, and one of whom must have a general business278background.2792. The initial term of each member appointed by the280Governor shall be for 4 years. The initial term of each member281appointed by the President of the Senate shall be for 3 years.282The initial term of each member appointed by the Speaker of the283House of Representatives shall be for 2 years. Succeeding terms284for all members shall be for 4 years.2853. A vacancy occurring during a term shall be filled by the286respective appointing authority in the same manner as the287original appointment and only for the balance of the unexpired288term. An appointment to fill a vacancy shall be made within 60289days after the occurrence of the vacancy.2904. The commission shall elect one of its members as chair291of the commission. The chair shall hold office at the will of292the commission. Five members of the commission shall constitute293a quorum, and the vote of five members shall be necessary for294any action taken by the commission. The commission may meet upon295the constitution of a quorum. A vacancy in the commission does296not impair the right of a quorum to exercise all rights and297perform all duties of the commission.2985. The members of the commission are not entitled to299compensation but are entitled to reimbursement for travel and300other necessary expenses as provided in s.112.061.301(b) The commission shall have the primary functions of:3021. Monitoring the efficiency, productivity, and management303of all publicly funded passenger rail systems in the state,304including, but not limited to, any authority created under305chapter 343, chapter 349, or chapter 163 if the authority306receives public funds for the provision of passenger rail307service. The commission shall advise each monitored authority of308its findings and recommendations. The commission shall also309conduct periodic reviews of each monitored authority’s passenger310rail and associated transit operations and budget, acquisition311of property, management of revenue and bond proceeds, and312compliance with applicable laws and generally accepted313accounting principles. The commission may seek the assistance of314the Auditor General in conducting such reviews and shall report315the findings of such reviews to the Legislature. This paragraph316does not preclude the Florida Transportation Commission from317conducting its performance and work program monitoring318responsibilities.3192. Advising the department on policies and strategies used320in planning, designing, building, operating, financing, and321maintaining a coordinated statewide system of passenger rail322services.3233. Evaluating passenger rail policies and providing advice324and recommendations to the Legislature on passenger rail325operations in the state.326(c) The commission or a member of the commission may not327enter into the day-to-day operation of the department or a328monitored authority and is specifically prohibited from taking329part in:3301. The awarding of contracts.3312. The selection of a consultant or contractor or the332prequalification of any individual consultant or contractor.333However, the commission may recommend to the secretary standards334and policies governing the procedure for selection and335prequalification of consultants and contractors.3363. The selection of a route for a specific project.3374. The specific location of a transportation facility.3385. The acquisition of rights-of-way.3396. The employment, promotion, demotion, suspension,340transfer, or discharge of any department personnel.3417. The granting, denial, suspension, or revocation of any342license or permit issued by the department.343(d) The commission is assigned to the Office of the344Secretary of the Department of Transportation for administrative345and fiscal accountability purposes, but it shall otherwise346function independently of the control and direction of the347department except that reasonable expenses of the commission348shall be subject to approval by the Secretary of Transportation.349The department shall provide administrative support and service350to the commission.351 Section 2. Paragraphs (j) and (m) of subsection (2) of 352 section 110.205, Florida Statutes, are amended to read: 353 110.205 Career service; exemptions.— 354 (2) EXEMPT POSITIONS.—The exempt positions that are not 355 covered by this part include the following: 356 (j) The appointed secretaries and the State Surgeon 357 General, assistant secretaries, deputy secretaries, and deputy 358 assistant secretaries of all departments; the executive 359 directors, assistant executive directors, deputy executive 360 directors, and deputy assistant executive directors of all 361 departments; the directors of all divisions and those positions 362 determined by the department to have managerial responsibilities 363 comparable to such positions, which positions include, but are 364 not limited to, program directors, assistant program directors, 365 district administrators, deputy district administrators, the 366 Director of Central Operations Services of the Department of 367 Children and Family Services, the State Transportation 368 Development Administrator, State Freight and LogisticsPublic369Transportation and ModalAdministrator, district secretaries, 370 district directors of transportation development, transportation 371 operations, transportation support, and the managers of the 372 offices specified in s. 20.23(3)(b)20.23(4)(b), of the 373 Department of Transportation. Unless otherwise fixed by law, the 374 department shall set the salary and benefits of these positions 375 in accordance with the rules of the Senior Management Service; 376 and the county health department directors and county health 377 department administrators of the Department of Health. 378 (m) All assistant division director, deputy division 379 director, and bureau chief positions in any department, and 380 those positions determined by the department to have managerial 381 responsibilities comparable to such positions, which include, 382 but are not limited to: 383 1. Positions in the Department of Health and the Department 384 of Children and Family Services that are assigned primary duties 385 of serving as the superintendent or assistant superintendent of 386 an institution. 387 2. Positions in the Department of Corrections that are 388 assigned primary duties of serving as the warden, assistant 389 warden, colonel, or major of an institution or that are assigned 390 primary duties of serving as the circuit administrator or deputy 391 circuit administrator. 392 3. Positions in the Department of Transportation that are 393 assigned primary duties of serving as regional toll managers and 394 managers of offices, as defined in s. 20.23(3)(b) and (4)(c) 39520.23(4)(b) and (5)(c). 396 4. Positions in the Department of Environmental Protection 397 that are assigned the duty of an Environmental Administrator or 398 program administrator. 399 5. Positions in the Department of Health that are assigned 400 the duties of Environmental Administrator, Assistant County 401 Health Department Director, and County Health Department 402 Financial Administrator. 403 404 Unless otherwise fixed by law, the department shall set the 405 salary and benefits of the positions listed in this paragraph in 406 accordance with the rules established for the Selected Exempt 407 Service. 408 Section 3. Section 163.3176, Florida Statutes, is created 409 to read: 410 163.3176 Legislative findings; noise mitigation 411 requirements in development plans for land abutting the right 412 of-way of a limited access facility; compliance required of 413 local governments.— 414 (1) The Legislature finds that incompatible residential 415 development of land adjacent to the rights-of-way of limited 416 access facilities and the failure to provide protections related 417 to noise abatement have not been in the best interest of the 418 public welfare or the economic health of the state. The 419 Legislature finds that the costs of transportation projects are 420 significantly increased by the added expense of required noise 421 abatement and by the delay of other potential and needed 422 transportation projects. The Legislature finds that limited 423 access facilities generate traffic noise due to the high speed 424 and high volumes of vehicular traffic on these important 425 highways. The Legislature finds that important state interests, 426 including, but not limited to, the protection of future 427 residential property owners, will be served by ensuring that 428 local governments have land development ordinances that promote 429 residential land-use planning and development that is noise 430 compatible with adjacent limited access facilities, and by 431 avoiding future noise abatement problems and the related state 432 expense to provide noise mitigation for residential dwellings 433 constructed after notice of a planned limited access facility is 434 made public. Additionally, the Legislature finds that, with 435 future potential population growth and the resulting need for 436 future capacity improvements to limited access facilities, noise 437 compatible residential land-use planning must take into 438 consideration an evaluation of future impacts of traffic noise 439 on proposed residential developments that are adjacent to 440 limited access facilities. 441 (2) Each local government shall ensure that noise 442 compatible land-use planning is used in its jurisdictions in the 443 development of land for residential use which is adjacent to 444 right-of-way acquired for a limited access facility. The 445 measures must include the incorporation of federal and state 446 noise mitigation standards and guidelines in all local 447 government land development regulations and be reflected in and 448 carried out in the local government comprehensive plans, 449 amendments of adopted comprehensive plans, zoning plans, 450 subdivision plat approvals, development permits, and building 451 permits. Each local government shall ensure that residential 452 development proposed adjacent to a limited access facility is 453 planned and constructed in conformance with all noise mitigation 454 standards, guidelines, and regulations. A local government shall 455 share equally with the Department of Transportation all related 456 costs of construction if the local government does not comply 457 with this section and, as a result, the department is required 458 to construct a noise wall or other noise mitigation in 459 connection with a road improvement project. 460 (3) A local government shall consult with the Department of 461 Economic Opportunity and the department, as needed, in the 462 formulation and establishment of adequate noise mitigation 463 requirements in the respective land development regulations as 464 mandated in this section. A local government shall adopt land 465 development regulations that are consistent with this section, 466 as soon as practicable, but not later than July 1, 2014. 467 Section 4. Subsection (1) of section 206.9825, Florida 468 Statutes, is amended to read: 469 206.9825 Aviation fuel tax.— 470 (1)(a) Except as otherwise provided in this part, an excise 471 tax of 6.9 cents per gallon of aviation fuel is imposed upon 472 every gallon of aviation fuel sold in this state, or brought 473 into this state for use, upon which such tax has not been paid 474 or the payment thereof has not been lawfully assumed by some 475 person handling the same in this state. Fuel taxed pursuant to 476 this part shall not be subject to the taxes imposed by ss. 477 206.41(1)(d), (e), and (f) and 206.87(1)(b), (c), and (d). 478 (b) Anylicensed wholesaler or terminal supplier that479delivers aviation fuel to anair carrier that offersoffering480 transcontinental jet service and that has, within the preceding 481 5-year period from January 1 of the year the exemption is being 482 applied for, increased itsthat, after January 1, 1996,483increases the air carrier’sFlorida workforce by more than 1,000 4841000percent and by 250 or more full-time equivalent employee 485 positions as provided in reports that must be filed pursuant to 486 s. 443.163, may purchasereceive a credit or refund as the487ultimate vendor of theaviation fuel exempt fromforthe 6.9 488 cents per gallon tax imposed by this part from terminal 489 suppliers and wholesalers, provided that the air carrier has no 490 facility for fueling highway vehicles from the tank in which the 491 aviation fuel is stored. To qualify for the exemption, an air 492 carrier must submit a written request to the department stating 493 that it meets the requirements of this paragraph. The exemption 494 under this paragraph expires on December 31 of the year it was 495 granted. The exemption is not allowed for any period before the 496 effective date of the air carrier exemption letter issued by the 497 department. To renew the exemption, the air carrier must submit 498 a written request to the department stating that it meets the 499 requirements of this paragraph. Terminal suppliers and 500 wholesalers may receive a credit or may apply for a refund, as 501 the ultimate vendor of the 6.9 cents per gallon aviation fuel 502 tax previously paid, within 1 year after the date the right to 503 the refund has accruedexcise tax previously paid, provided that504the air carrier has no facility for fueling highway vehicles505from the tank in which the aviation fuel is stored. In 506 calculating the new or additional Florida full-time equivalent 507 employee positions, any full-time equivalent employee positions 508 of parent or subsidiary corporations which existed before the 509 preceding 5-year period from January 1 of the year the 510 application for exemption or renewal is being applied for, may 511January 1, 1996,shallnot be counted toward reaching the 512 Florida employment increase thresholds. The refund allowed under 513 this paragraph is in furtherance of the goals and policies of 514 the State Comprehensive Plan set forth in s. 187.201(16)(a), 515 (b)1., 2., (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1., 516 2., 4., 7., 9., and 12. 517 (c) If, during the 1-year period in which the exemption is 518 in placebefore July 1, 2001, the air carrier fails to maintain 519 the increase in its Florida workforce by more than 1,000 percent 520 and by 250 or more full-time equivalent employeesnumber of521full-time equivalent employee positions created or added to the522air carrier’s Florida workforce falls below 250, the exemption 523 granted pursuant to this section doesshallnot apply during the 524 period in which the air carrier was no longer qualified to 525 receive the exemptionhas fewer than the 250 additional526employees. 527 (d) The exemption taken by credit or refund pursuant to 528 paragraph (b) appliesshall applyonly under the terms and 529 conditions set forth in this paragraphtherein. If any part of 530 thethatparagraph is judicially declared to be unconstitutional 531 or invalid, the validity of any provisions taxing aviation fuel 532 isshallnotbeaffected and all fuel exempted pursuant to 533 paragraph (b) shall be subject to tax as if the exemption was 534 never enacted. EachEveryperson who benefitsbenefitingfrom 535 thesuchexemption isshall beliable for and must make payment 536 of all taxes for which a credit or refund was granted. 537 (e) The department may adopt rules to administer this 538 subsection. 539 Section 5. Subsection (3) of section 316.530, Florida 540 Statutes, is repealed. 541 Section 6. Subsection (3) of section 316.545, Florida 542 Statutes, is amended to read: 543 316.545 Weight and load unlawful; special fuel and motor 544 fuel tax enforcement; inspection; penalty; review.— 545 (3) Any person who violates the overloading provisions of 546 this chapter shall be conclusively presumed to have damaged the 547 highways of this state by reason of such overloading, which 548 damage is hereby fixed as follows: 549 (a) IfWhenthe excess weight is 200 pounds or less than 550 the maximumhereinprovided by this chapter, the penalty is 551shall be$10; 552 (b) Five cents per pound for each pound of weight in excess 553 of the maximumhereinprovided in this chapter ifwhenthe 554 excess weight exceeds 200 pounds. However, ifwheneverthe gross 555 weight of the vehicle or combination of vehicles does not exceed 556 the maximum allowable gross weight, the maximum fine for the 557 first 600 pounds of unlawful axle weight isshall be$10; 558 (c) For a vehicle equipped with fully functional idle 559 reduction technology, any penalty shall be calculated by 560 reducing the actual gross vehicle weight or the internal bridge 561 weight by the certified weight of the idle-reduction technology 562 or by 550400pounds, whichever is less. The vehicle operator 563 must present written certification of the weight of the idle 564 reduction technology and must demonstrate or certify that the 565 idle-reduction technology is fully functional at all times. This 566 calculation is not allowed for vehicles described in s. 567 316.535(6); 568 (d) An apportioned motor vehicle, as defined in s. 320.01, 569 operating on the highways of this state without being properly 570 licensed and registered shall be subject to the penalties as 571hereinprovided in this section; and 572 (e) Vehicles operating on the highways of this state from 573 nonmember International Registration Plan jurisdictions which 574 are not in compliance with the provisions of s. 316.605 shall be 575 subject to the penalties ashereinprovided in this section. 576 Section 7. Section 331.360, Florida Statutes, is reordered 577 and amended, and subsection (5) is added to that section, to 578 read: 579 331.360Joint participation agreement or assistance;580 Spaceport systemmasterplan.— 581 (2)(1)It shall be the duty, function, and responsibility582ofThe department shallof Transportationtopromote the further 583 development and improvement of aerospace transportation 584 facilities; to address intermodal requirements and impacts of 585 the launch ranges, spaceports, and other space transportation 586 facilities; to assist in the development of joint-use facilities 587 and technology that support aviation and aerospace operations; 588 to coordinate and cooperate in the development of spaceport 589 infrastructure and related transportation facilities contained 590 in the Strategic Intermodal System Plan; to encourage, where 591 appropriate, the cooperation and integration of airports and 592 spaceports in order to meet transportation-related needs; and to 593 facilitate and promote cooperative efforts between federal and 594 state government entities to improve space transportation 595 capacity and efficiency. In carrying out this duty and 596 responsibility, the department may assist and advise, cooperate 597 with, and coordinate with federal, state, local, or private 598 organizations and individuals. The department may 599 administratively house its space transportation responsibilities 600 within an existing division or office. 601 (3)(2)Notwithstanding any other provision of law, the 602 departmentof Transportationmay enter into ana joint603participationagreement with, or otherwise assist, Space Florida 604 as necessary to effectuate the provisions of this chapter and 605 may allocate funds for such purposes in its 5-year work program. 606 However, the department may not fund the administrative or 607 operational costs of Space Florida. 608 (1)(3)Space Florida shall develop a spaceport system 609masterplan that identifies statewide spaceport goals and the 610 need for expansion and modernization of space transportation 611 facilities within spaceport territories as defined in s. 612 331.303. The plan mustshallcontain recommended projects that 613tomeet current and future commercial, national, and state space 614 transportation requirements. Space Florida shall submit the plan 615 to eachanyappropriate metropolitan planning organization for 616 review of intermodal impacts. Space Florida shall submit the 617 spaceport systemmasterplan to the departmentof618Transportation, which may include those portions of the system 619 plan which are relevant to the Department of Transportation’s 620 missionandsuch plan may be includedwithin the department’s 5 621 year work program of qualifying projectsaerospace discretionary622capacity improvement under subsection (4). The plan mustshall623 identify appropriate funding levels for each projectand include624recommendations on appropriate sources of revenue that may be625developed to contribute to the State Transportation Trust Fund. 626 (4)(a) Beginning in the 2013-2014 fiscal year, a minimum of 627 $15 million may be made annually available from the State 628 Transportation Trust Fund to fund space transportation projects. 629 (b) Before executing an agreement, Space Florida must 630 provide project-specific information to the department in order 631 to demonstrate that the project includes transportation and 632 aerospace benefits. The project-specific information must 633 include, but need not be limited to: 634 1. The description, characteristics, and scope of the 635 project. 636 2. The funding sources for and costs of the project. 637 3. The financing considerations that emphasize federal, 638 local, and private participation. 639 4. A financial feasibility and risk analysis, including a 640 description of the efforts to protect the state’s investment and 641 to ensure that project goals are realized. 642 5. A demonstration that the project will encourage, 643 enhance, or create economic benefits for the state. 644 (c) The department may fund up to 50 percent of eligible 645 project costs. If the project meets the following criteria, the 646 department may fund up to 100 percent of eligible project costs. 647 The project must: 648 1. Provide important access and on-spaceport capacity 649 improvements; 650 2. Provide capital improvements to strategically position 651 the state to maximize opportunities in the aerospace industry or 652 foster growth and development of a sustainable and world-leading 653 aerospace industry in the state; 654 3. Meet state goals of an integrated intermodal 655 transportation system; and 656 4. Demonstrate the feasibility and availability of matching 657 funds through federal, local, or private partnersSubject to the658availability of appropriated funds, the department may659participate in the capital cost of eligible spaceport660discretionary capacity improvement projects. The annual661legislative budget request shall be based on the proposed662funding requested for approved spaceport discretionary capacity663improvement projects. 664 (5) Beginning in the 2013-2014 fiscal year and annually for 665 up to 30 years thereafter, $5 million shall be allocated for the 666 purpose of funding any spaceport project identified in the 667 adopted work program of the department, to be known as the 668 Spaceport Investment Program. The revenues may be assigned, 669 pledged, or set aside as a trust for the payment of principal or 670 interest on bonds, tax anticipation certificates, or other forms 671 of indebtedness issued by Space Florida, or used to purchase 672 credit support to permit such borrowings. However, the debt is 673 not a general obligation of the state. The state covenants with 674 holders of the revenue bonds or other instruments of 675 indebtedness issued pursuant to this subsection that the state 676 will not repeal, impair, or amend this subsection in any manner 677 that materially or adversely affects the rights of holders if 678 the bonds authorized by this subsection are outstanding. The 679 proceeds of any bonds or other indebtedness secured by a pledge 680 of the funding, after payment of costs of issuance and 681 establishment of any required reserves, must be invested in 682 projects approved by the department and included in the 683 department’s adopted work program, by amendment if necessary. 684 Any revenues that are not pledged to the repayment of bonds as 685 authorized by this subsection may be used for other eligible 686 projects. This revenue source is in addition to any amounts 687 provided for and appropriated in accordance with subsection (4). 688 Revenue bonds shall be issued by the Division of Bond Finance at 689 the request of the department pursuant to the State Bond Act. 690 Section 8. Subsection (11) is added to section 332.007, 691 Florida Statutes, to read: 692 332.007 Administration and financing of aviation and 693 airport programs and projects; state plan.— 694 (11) The department may fund strategic airport investment 695 projects at up to 100 percent of the project’s cost if all the 696 following criteria are met: 697 (a) Important access and on-airport capacity improvements 698 are provided. 699 (b) Capital improvements that strategically position the 700 state to maximize opportunities in international trade, 701 logistics, and the aviation industry are provided. 702 (c) Goals of an integrated intermodal transportation system 703 for the state are achieved. 704 (d) Feasibility and availability of matching funds through 705 federal, local, or private partners are demonstrated. 706 Section 9. Subsection (16) of section 334.044, Florida 707 Statutes, is amended to read: 708 334.044 Department; powers and duties.—The department shall 709 have the following general powers and duties: 710 (16) To plan, acquire, lease, construct, maintain, and 711 operate toll facilities; to authorize the issuance and refunding 712 of bonds; and to fix and collect tolls or other charges for 713 travel on any such facilities. Effective July 1, 2013, and 714 notwithstanding any other law to the contrary, the department 715 may not enter into a lease-purchase agreement with an expressway 716 authority, regional transportation authority, or other entity. 717 This provision does not invalidate a lease-purchase agreement 718 authorized under chapter 348 or chapter 2000-411, Laws of 719 Florida, and existing as of July 1, 2013, and does not limit the 720 department’s authority under s. 334.30. 721 Section 10. Subsection (13) of section 337.11, Florida 722 Statutes, is amended to read: 723 337.11 Contracting authority of department; bids; emergency 724 repairs, supplemental agreements, and change orders; combined 725 design and construction contracts; progress payments; records; 726 requirements of vehicle registration.— 727 (13) Each contract let by the department for the 728 performance of road or bridge construction or maintenance work 729 shall requirecontain a provision requiring the contractor to730provide proof to the department, in the form of a notarized731affidavit from the contractor, thatall motor vehicles that the 732 contractorhe or sheoperates or causes to be operated in this 733 state to beareregistered in compliance with chapter 320. 734 Section 11. Subsection (1) of section 337.14, Florida 735 Statutes, is amended to read: 736 337.14 Application for qualification; certificate of 737 qualification; restrictions; request for hearing.— 738 (1) AAnyperson who desiresdesiringto bid for the 739 performance of any construction contract with a proposed budget 740 estimate in excess of $250,000 which the department proposes to 741 let must first be certified by the department as qualified 742 pursuant to this section and rules of the department. The rules 743 of the department mustshalladdress the qualification of a 744 personpersonsto bid on construction contracts with a proposed 745 budget estimate that is in excess of $250,000 and mustshall746 include requirements with respect to the equipment, past record, 747 experience, financial resources, and organizational personnel of 748 the applicant necessary to perform the specific class of work 749 for which the person seeks certification. The department may 750 limit the dollar amount of any contract upon which a person is 751 qualified to bid or the aggregate total dollar volume of 752 contracts such person mayis allowed tohave under contract at 753 any one time. Each applicant who seeksseekingqualification to 754 bid on construction contracts with a proposed budget estimate in 755 excess of $250,000 mustshallfurnish the department a statement 756 under oath, on such forms as the department may prescribe, 757 setting forth detailed information as required on the 758 application. Each application for certification mustshallbe 759 accompanied by the latest annual financial statement of the 760 applicant completed within the last 12 months. If the 761 application or the annual financial statement shows the 762 financial condition of the applicant more than 4 months before 763prior tothe date on which the application is received by the 764 department,thenan interim financial statement must be 765 submitted and be accompanied by an updated application. The 766 interim financial statement must cover the period from the end 767 date of the annual statement and must show the financial 768 condition of the applicant no more than 4 months beforeprior to769 the date the interim financial statement is received by the 770 department. However, upon request by the applicant, an 771 application and accompanying annual or interim financial 772 statement received by the department within 15 days after either 773 4-month period provided pursuant tounderthis subsection must 774shallbe considered timely. Each required annual or interim 775 financial statement must be audited and accompanied by the 776 opinion of a certified public accountant. An applicant desiring 777 to bid exclusively for the performance of construction contracts 778 with proposed budget estimates of less than $1 million may 779 submit reviewed annual or reviewed interim financial statements 780 prepared by a certified public accountant. The information 781 required by this subsection is confidential and exempt from the 782 provisions of s. 119.07(1). The department shall act upon the 783 application for qualification within 30 days after the 784 department determines that the application is complete. The 785 department may waive the requirements of this subsection for 786 projects having a contract price of $500,000 or less if the 787 department determines that the project is of a noncritical 788 nature and the waiver will not endanger public health, safety, 789 or property. 790 Section 12. Subsection (2) of section 337.168, Florida 791 Statutes, is amended to read: 792 337.168 Confidentiality of official estimates, identities 793 of potential bidders, and bid analysis and monitoring system.— 794 (2) A document that revealsrevealingthe identity of a 795 person who haspersons who haverequested or obtained a bid 796 package, planpackages, plans, or specifications pertaining to 797 any project to be let by the department is confidential and 798 exempt from the provisions of s. 119.07(1) for the period that 799whichbegins 2 working days beforeprior tothe deadline for 800 obtaining bid packages, plans, or specifications and ends with 801 the letting of the bid. A document that reveals the identity of 802 a person who has requested or obtained a bid package, plan, or 803 specifications pertaining to any project to be let by the 804 department before the 2 working days before the deadline for 805 obtaining bid packages, plans, or specifications remains a 806 public record subject to the provisions of s. 119.07(1). 807 Section 13. Subsection (2) of section 337.251, Florida 808 Statutes, is amended to read: 809 337.251 Lease of property for joint public-private 810 development and areas above or below department property.— 811 (2) The department may request proposals for the lease of 812 such property or, if the department receives a proposal forto813negotiatea lease of a particular department property that the 814 department desires to consider, the department mustitshall815 publish a notice in a newspaper of general circulation at least 816 once a week for 2 weeks, stating that it has received the 817 proposal and will accept, for 12060days after the date of 818 publication, other proposals for lease of the particular 819 propertyuse of the space. A copy of the notice must be mailed 820 to each local government in the affected area. The department 821 shall, by rule, establish an application fee for the submission 822 of proposals pursuant to this section. The fee must be 823 sufficient to pay the anticipated costs of evaluating the 824 proposals. The department may engage the services of private 825 consultants to assist in the evaluation. Before approval, the 826 department must determine that the proposed lease: 827 (a) Is in the public’s best interest; 828 (b) Does not require state funds to be used; and 829 (c) Has adequate safeguards in place to ensure that no 830 additional costs are borne and no service disruptions are 831 experienced by the traveling public and residents of the state 832 in the event of default by the private lessee or upon 833 termination or expiration of the lease. 834 Section 14. Section 337.408, Florida Statutes, is amended 835 to read: 836 337.408 Regulation of bus stops, benches, transit shelters, 837 street light poles, parking meters, parking spaces, waste 838 disposal receptacles, and modular news racks within rights-of 839 way.— 840 (1) Benches or transit shelters, including advertising 841 displayed on benches or transit shelters, may be installed 842 within the right-of-way limits of any municipal, county, or 843 state road, except a limited access highway, provided that the 844suchbenches or transit shelters are for the comfort or 845 convenience of the general public or are at designated stops on 846 official bus routes and provided that written authorization has 847 been given to a qualified private supplier of thesuchservice 848 by the municipal government within whose incorporated limits the 849suchbenches or transit shelters are installed or by the county 850 government within whose unincorporated limits thesuchbenches 851 or transit shelters are installed. A municipality or county may 852 authorize the installation, without public bid, of benches and 853 transit shelters together with advertising displayed thereon 854 within the right-of-way limits of thesuchroads. All 855 installations mustshallbe in compliance with all applicable 856 laws and rules, including, without limitation, the Americans 857 with Disabilities Act. Municipalities and counties that 858 authorize or have authorized a bench or transit shelter to be 859 installed within the right-of-way limits of any road on the 860 State Highway System areshall beresponsible for ensuring that 861 the bench or transit shelter complies with all applicable laws 862 and rules, including, without limitation, the Americans with 863 Disabilities Act, or shall remove the bench or transit shelter. 864 The department is not liableshall have no liabilityfor any 865 claims, losses, costs, charges, expenses, damages, liabilities, 866 attorney fees, or court costs relating to the installation, 867 removal, or relocation of any benches or transit shelters 868 authorized by a municipality or county. On and after July 1, 869 2012, a municipality or county that authorizes a bench or 870 transit shelter to be installed within the right-of-way limits 871 of any road on the State Highway System must require the 872 qualified private supplier, or any other person under contract 873 to install the bench or transit shelter, to indemnify, defend, 874 and hold harmless the department from any suits, actions, 875 proceedings, claims, losses, costs, charges, expenses, damages, 876 liabilities, attorney fees, and court costs relating to the 877 installation, removal, or relocation of such installations, and 878 shall annually certify to the department in a notarized signed 879 statement that this requirement has been met. The certification 880 mustshallinclude the name and address of each person 881 responsible for indemnifying the department for an authorized 882 installation. Municipalities and counties that have authorized 883 the installation of benches or transit shelters within the 884 right-of-way limits of any road on the State Highway System must 885 remove or relocate, or cause the removal or relocation of, the 886 installation at no cost to the department within 60 days after 887 written notice by the department that the installation is 888 unreasonably interfering in any way with the convenient, safe, 889 or continuous use of or the maintenance, improvement, extension, 890 or expansion of the State Highway System road. Any contract for 891 the installation of benches or transit shelters or advertising 892 on benches or transit shelters which was entered into before 893 April 8, 1992, without public bidding is ratified and affirmed. 894 Thesuchbenches or transit shelters may not interfere with 895 right-of-way preservation and maintenance. Any bench or transit 896 shelter located on a sidewalk within the right-of-way limits of 897 any road on the State Highway System or the county road system 898 mustshallbe located so as to leave at least 36 inches of 899 clearance for pedestrians and persons in wheelchairs. TheSuch900 clearance mustshallbe measured in a direction perpendicular to 901 the centerline of the road. 902 (2) Waste disposal receptacles of less than 110 gallons in 903 capacity, including advertising displayed on such waste disposal 904 receptacles, may be installed within the right-of-way limits of 905 any municipal, county, or state road, except a limited access 906 highway, provided that written authorization has been given to a 907 qualified private supplier of thesuchservice by the 908 appropriate municipal or county government. A municipality or 909 county may authorize the installation, without public bid, of 910 waste disposal receptacles together with advertising displayed 911 thereon within the right-of-way limits of such roads. TheSuch912 waste disposal receptacles may not interfere with right-of-way 913 preservation and maintenance. 914 (3) Modular news racks, including advertising thereon, may 915 be located within the right-of-way limits of any municipal, 916 county, or state road, except a limited access highway, provided 917 the municipal government within whose incorporated limits the 918suchracks are installed or the county government within whose 919 unincorporated limits thesuchracks are installed has passed an 920 ordinance regulating the placement of modular news racks within 921 the right-of-way and has authorized a qualified private supplier 922 of modular news racks to provide such service. The modular news 923 rack or advertising thereon mustshallnot exceed a height of 56 924 inches or a total advertising space of 56 square feet. No later 925 than 45 days before theprior toinstallation of modular news 926 racks, the private supplier shall provide a map of proposed 927 locations and typical installation plans to the department for 928 approval. If the department does not respond within 45 days 929 after receipt of the submitted plans, installation may proceed. 930 (4) The department mayhas the authority todirect the 931 immediate relocation or removal of any bus stop, bench, transit 932 shelter, waste disposal receptacle, public pay telephone, or 933 modular news rack that endangers life or property or that is 934 otherwise not in compliance with applicable laws and rules, 935 except that transit bus benches that were placed in service 936 before April 1, 1992, are not required to comply with bench size 937 and advertising display size requirements established by the 938 department before March 1, 1992. The department may adopt rules 939 relating to the regulation of bench size and advertising display 940 size requirements. If a municipality or county within which a 941 bench is to be located has adopted an ordinance or other 942 applicable regulation that establishes bench size or advertising 943 display sign requirements different from requirements specified 944 in department rule, the local government requirement applies 945 within the respective municipality or county. Placement of aany946 bench or advertising display on the National Highway System 947 under a local ordinance or regulation adopted under this 948 subsection is subject to approval of the Federal Highway 949 Administration. 950 (5) A bus stop, bench, transit shelter, waste disposal 951 receptacle, public pay telephone, or modular news rack, or 952 advertising thereon, may not be erected or placed on the right 953 of-way of any road in a manner that conflicts with the 954 requirements of federal law, regulations, or safety standards, 955 thereby causing the state or any political subdivision the loss 956 of federal funds. Competition among persons seeking to provide 957 bus stop, bench, transit shelter, waste disposal receptacle, 958 public pay telephone, or modular news rack services or 959 advertising on such benches, shelters, receptacles, public pay 960 telephone, or news racks may be regulated, restricted, or denied 961 by the appropriate local governmentalgovernmententity 962 consistent with this section. 963 (6) Street light poles, including attached public service 964 messages and advertisements, may be located within the right-of 965 way limits of municipal and county roads in the same manner as 966 benches, transit shelters, waste disposal receptacles, and 967 modular news racks as provided in this section and in accordance 968 with municipal and county ordinances. Public service messages 969 and advertisements may be installed on street light poles on 970 roads on the State Highway System in accordance with height, 971 size, setback, spacing distance, duration of display, safety, 972 traffic control, and permitting requirements established by 973 administrative rule of the Department of Transportation. Public 974 service messages and advertisements areshall besubject to 975 bilateral agreements, where applicable, to be negotiated with 976 the owner of the street light poles, which mustshallconsider, 977 among other things, power source rates, design, safety, 978 operational and maintenance concerns, and other matters of 979 public importance. For the purposes of this section, the term 980 “street light poles” does not include electric transmission or 981 distribution poles. The department mayshall have authority to982 adopt rulespursuant to ss.120.536(1) and120.54to implement 983the provisions ofthis section.NoAdvertising on light poles is 984 notshall bepermitted on the Interstate Highway System.No985 Permanent structures that carrycarryingadvertisements attached 986 to light poles are notshall bepermitted on the National 987 Highway System. 988 (7) A public pay telephone, including advertising displayed 989 thereon, may be installed within the right-of-way limits of any 990 municipal, county, or state road, except on a limited access 991 highway, if the pay telephone is installed by a provider duly 992 certificatedauthorizedand regulated by the Public Service 993 Commission under s. 364.3375, if the pay telephone is operated 994 in accordance with theallapplicable state and federal 995 telecommunications regulations, and if written authorization has 996 been given to a public pay telephone provider by the appropriate 997 municipal or county government. Each advertisement must be 998 limited to a size no greater than 8 square feet, and a public 999 pay telephone booth may not display more than three 1000 advertisements at any given time. An advertisement is not 1001 allowed on public pay telephones located in rest areas, welcome 1002 centers, or other such facilities located on an interstate 1003 highway. 1004 (8) Parking meters or other time-limit parking devices that 1005 regulate designated parking spaces located within the right-of 1006 way limits of a state road may be installed if permitted by the 1007 department. Each county and municipality shall promptly remit to 1008 the department 50 percent of the revenue generated from the fees 1009 collected by a parking meter or other time-limit parking device 1010 installed or already existing within the right-of-way limits of 1011 a state road that is under the department’s jurisdiction. Funds 1012 received by the department must be deposited into the State 1013 Transportation Trust Fund and used in accordance with s. 339.08. 1014 (9) IfWhereverthe provisions of this section are 1015 inconsistent with other provisions of this chapter or with the 1016 provisions of chapter 125, chapter 335, chapter 336, or chapter 1017 479, the provisions of this sectionshallprevail. 1018 Section 15. Subsection (5) of section 338.161, Florida 1019 Statutes, is amended to read: 1020 338.161 Authority of department or toll agencies to 1021 advertise and promote electronic toll collection; expanded uses 1022 of electronic toll collection system; authority of department to 1023 collect tolls, fares, and fees for private and public entities.— 1024 (5) If the department finds that it can increase nontoll 1025 revenues or add convenience or other value for its customers, 1026 and if a public or private transportation facility owner agrees 1027 that its facility will become interoperable with the 1028 department’s electronic toll collection and video billing 1029 systems, the department mayis authorized toenter into an 1030 agreement with the owner of such facility under which the 1031 department usesprivate or public entities for the department’s1032use ofits electronic toll collection and video billing systems 1033 to collect and enforce for the owner tolls, fares, 1034 administrative fees, and other applicable charges dueimposedin 1035 connection with use of the owner’s facilitytransportation1036facilities of the private or public entities that become1037interoperable with the department’s electronic toll collection1038system. The department may modify its rules regarding toll 1039 collection procedures and the imposition of administrative 1040 charges to be applicable to toll facilities that are not part of 1041 the turnpike system or otherwise owned by the department. This 1042 subsection may not be construed to limit the authority of the 1043 department under any other provision of law or under any 1044 agreement entered into beforeprior toJuly 1, 2012. 1045 Section 16. Subsection (4) of section 338.165, Florida 1046 Statutes, is amended to read: 1047 338.165 Continuation of tolls.— 1048 (4) Notwithstanding any other law to the contrary, pursuant 1049 to s. 11, Art. VII of the State Constitution, and subject to the 1050 requirements of subsection (2), the Department of Transportation 1051 may request the Division of Bond Finance to issue bonds secured 1052 by toll revenues collected on the Alligator Alley, the Sunshine 1053 Skyway Bridge,the Beeline-East Expressway, the Navarre Bridge,1054 and the Pinellas Bayway to fund transportation projects located 1055 within the county or counties in which the revenue-producing 1056 project is located and contained in the adopted work program of 1057 the department. 1058 Section 17. Subsections (3) and (4) of section 338.26, 1059 Florida Statutes, are amended to read: 1060 338.26 Alligator Alley toll road.— 1061 (3) Fees generated from tolls shall be deposited in the 1062 State Transportation Trust Fund, and any amount of funds 1063 generated annually in excess of that required to reimburse 1064 outstanding contractual obligations, to operate and maintain the 1065 highway and toll facilities, including reconstruction and 1066 restoration, to pay for those projects that are funded with 1067 Alligator Alley toll revenues and that are contained in the 1068 1993-1994 adopted work program or the 1994-1995 tentative work 1069 program submitted to the Legislature on February 22, 1994, and 1070 to design and constructdevelop and operatea fire station at 1071 mile marker 63 on Alligator Alley, which may be used by Collier 1072 County or other appropriate local governmental entity to provide 1073 fire, rescue, and emergency management servicesto the adjacent1074countiesalong Alligator Alley, may be transferred to the 1075 Everglades Fund of the South Florida Water Management District 1076 in accordance with the memorandum of understanding of June 30, 1077 1997, between the district and the department. The South Florida 1078 Water Management District shall deposit funds for projects 1079 undertaken pursuant to s. 373.4592 in the Everglades Trust Fund 1080 pursuant to s. 373.45926(4)(a). Any funds remaining in the 1081 Everglades Fund may be used for environmental projects to 1082 restore the natural values of the Everglades, subject to 1083 compliance with any applicable federal laws and regulations. 1084 Projects mustshallbe limited to: 1085 (a) Highway redesign to allow for improved sheet flow of 1086 water across the southern Everglades. 1087 (b) Water conveyance projects to enable more water 1088 resources to reach Florida Bay to replenish marine estuary 1089 functions. 1090 (c) Engineering design plans for wastewater treatment 1091 facilities as recommended in the Water Quality Protection 1092 Program Document for the Florida Keys National Marine Sanctuary. 1093 (d) Acquisition of lands to move STA 3/4 out of the Toe of 1094 the Boot, provided such lands are located within 1 mile of the 1095 northern border of STA 3/4. 1096 (e) Other Everglades Construction Projects as described in 1097 the February 15, 1994, conceptual design document. 1098(4) The district may issue revenue bonds or notes under s.1099373.584and pledge the revenue from the transfers from the1100Alligator Alley toll revenues as security for such bonds or1101notes. The proceeds from such revenue bonds or notes shall be1102used for environmental projects; at least 50 percent of said1103proceeds must be used for projects that benefit Florida Bay, as1104described in this section subject to resolutions approving such1105activity by the Board of Trustees of the Internal Improvement1106Trust Fund and the governing board of the South Florida Water1107Management District and the remaining proceeds must be used for1108restoration activities in the Everglades Protection Area.1109 Section 18. Subsections (2) through (4) of section 339.175, 1110 Florida Statutes, are amended to read: 1111 339.175 Metropolitan planning organization.— 1112 (2) DESIGNATION.— 1113 (a)1. An M.P.O. shall be designated for each urbanized area 1114 of the state; however, this does not require that an individual 1115 M.P.O. be designated for each such area. The M.P.O.Such1116 designation shall be accomplished by agreement between the 1117 Governor and units of general-purpose local government that 1118 together representrepresentingat least 75 percent of the 1119 population, including the largest incorporated municipality, 1120 based on population,of the urbanized area; however, the unit of1121general-purpose local government that represents the central1122city or cities within the M.P.O. jurisdiction,as nameddefined1123 by the United States Bureau of the Census, must be a party to1124such agreement. 1125 2. To the extent possible, only one M.P.O. shall be 1126 designated for each urbanized area or group of contiguous 1127 urbanized areas. More than one M.P.O. may be designated within 1128 an existing urbanized area only if the Governor and the existing 1129 M.P.O. determine that the size and complexity of the existing 1130 urbanized area makes the designation of more than one M.P.O. for 1131 the area appropriate. 1132 (b) Each M.P.O. designated in a manner prescribed by Title 1133 23 of the United States Code shall be created and operated under 1134 the provisions of this section pursuant to an interlocal 1135 agreement entered into pursuant to s. 163.01. The signatories to 1136 the interlocal agreement shall be the department and the 1137 governmental entities designated by the Governor for membership 1138 on the M.P.O. Each M.P.O. shall be considered separate from the 1139 state or the governing body of a local government that is 1140 represented on the governing board of the M.P.O. or that is a 1141 signatory to the interlocal agreement creating the M.P.O. and 1142 shall have such powers and privileges that are provided under s. 1143 163.01. If there is a conflict between this section and s. 1144 163.01, this section prevails. 1145 (c) The jurisdictional boundaries of an M.P.O. shall be 1146 determined by agreement between the Governor and the applicable 1147 M.P.O. The boundaries must include at least the metropolitan 1148 planning area, which is the existing urbanized area and the 1149 contiguous area expected to become urbanized within a 20-year 1150 forecast period, and may encompass the entire metropolitan 1151 statistical area or the consolidated metropolitan statistical 1152 area. 1153 (d) In the case of an urbanized area designated as a 1154 nonattainment area for ozone or carbon monoxide under the Clean 1155 Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the 1156 metropolitan planning area in existence as of the date of 1157 enactment of this paragraph shall be retained, except that the 1158 boundaries may be adjusted by agreement of the Governor and 1159 affected metropolitan planning organizations in the manner 1160 described in this section. If more than one M.P.O. has authority 1161 within a metropolitan area or an area that is designated as a 1162 nonattainment area, each M.P.O. shall consult with other 1163 M.P.O.’s designated for such area and with the state in the 1164 coordination of plans and programs required by this section. 1165 (e) The governing body of the M.P.O. shall designate, at a 1166 minimum, a chair, vice chair, and agency clerk. The chair and 1167 vice chair shall be selected from among the member delegates 1168 comprising the governing board. The agency clerk shall be 1169 charged with the responsibility of preparing meeting minutes and 1170 maintaining agency records. The clerk shall be a member of the 1171 M.P.O. governing board, an employee of the M.P.O., or other 1172 natural person. 1173 1174 Each M.P.O. required under this section must be fully operative 1175 no later than 6 months following its designation. 1176 (3) VOTING MEMBERSHIP.— 1177 (a) The voting membership of an M.P.O. shall consist of not 1178 fewer than 5 or more than 19 apportioned members, the exact 1179 number to be determined on an equitable geographic-population 1180 ratiobasis by the Governor, based on an agreement among the 1181 affected units of general-purpose local government and the 1182 Governor as required by federalrules andregulations. The 1183 voting membership of an M.P.O. that is redesignated after the 1184 effective date of this act as a result of the expansion of the 1185 M.P.O. to include a new urbanized area or the consolidation of 1186 two or more M.P.O.’s within a single urbanized area may consist 1187 of no more than 25 members. The Governor, in accordance with 23 1188 U.S.C. s. 134, may also provide for M.P.O. members who represent 1189 municipalities to alternate with representatives from other 1190 municipalities within the metropolitan planning area that do not 1191 have members on the M.P.O. County commission members shall 1192 compose not less than one-third of the M.P.O. membership, except 1193 for an M.P.O. with more than 15 members located in a county with 1194 a 5-member county commission or an M.P.O. with 19 members 1195 located in a county with no more than 6 county commissioners, in 1196 which case county commission members may compose less than one 1197 third percent of the M.P.O. membership, but all county 1198 commissioners must be members. All voting members shall be 1199 elected officials of general-purpose local governments, except 1200 that an M.P.O. may include, as part of its apportioned voting 1201 members, a member of a statutorily authorized planning board, an 1202 official of an agency that operates or administers a major mode 1203 of transportation, or an official of Space Florida. As used in 1204 this section, the term “elected officials of a general-purpose 1205 local government” excludesshall excludeconstitutional 1206 officers, including sheriffs, tax collectors, supervisors of 1207 elections, property appraisers, clerks of the court, and similar 1208 types of officials. County commissioners shall compose not less 1209 than 20 percent of the M.P.O. membership if an official of an 1210 agency that operates or administers a major mode of 1211 transportation has been appointed to an M.P.O. 1212 (b) In metropolitan areas in which authorities or other 1213 agencies have been or may be created by law to perform 1214 transportation functions and are performing transportation 1215 functions that are not under the jurisdiction of a general 1216 purpose local government represented on the M.P.O., they may 1217shallbe provided voting membership on the M.P.O. In all other 1218 M.P.O.’s where transportation authorities or agencies are to be 1219 represented by elected officials from general-purpose local 1220 governments, the M.P.O. shall establish a process by which the 1221 collective interests of such authorities or other agencies are 1222 expressed and conveyed. 1223 (c) Any other provision of this section to the contrary 1224 notwithstanding, a chartered county with a population of more 1225 thanover1 millionpopulationmay elect to reapportion the 1226 membership of an M.P.O. whose jurisdiction is wholly within the 1227 county. The charter county may exercise the provisions of this 1228 paragraph if: 1229 1. The M.P.O. approves the reapportionment plan by a three 1230 fourths vote of its membership; 1231 2. The M.P.O. and the charter county determine that the 1232 reapportionment plan is needed to fulfill specific goals and 1233 policies applicable to that metropolitan planning area; and 1234 3. The charter county determines the reapportionment plan 1235 otherwise complies with all federal requirements pertaining to 1236 M.P.O. membership. 1237 1238 AAnycharter county that elects to exercise the provisions of 1239 this paragraph shall notify the Governor in writing. 1240 (d) Any other provision of this section to the contrary 1241 notwithstanding, aanycounty chartered under s. 6(e), Art. VIII 1242 of the State Constitution may elect to have its county 1243 commission serve as the M.P.O., if the M.P.O. jurisdiction is 1244 wholly contained within the county. AAnycharter county that 1245 elects to exercise the provisions of this paragraph shall so 1246 notify the Governor in writing. Upon receipt of thesuch1247 notification, the Governor must designate the county commission 1248 as the M.P.O. The Governor must appoint four additional voting 1249 members to the M.P.O., one of whom must be an elected official 1250 representing a municipality within the county, one of whom must 1251 be an expressway authority member, one of whom must be a person 1252 who does not hold elected public office and who resides in the 1253 unincorporated portion of the county, and one of whom must be a 1254 school board member. 1255 (4) APPORTIONMENT.— 1256 (a) Each M.P.O. in the state shall review the composition 1257 of its membership in conjunction with the decennial census, as 1258 prepared by the United States Department of Commerce, Bureau of 1259 the Census, and, with the agreement of the affected units of 1260 general-purpose local government, reapportion the membership as 1261 necessary to comply with subsection (3)The Governor shall,with1262the agreement of the affected units of general-purpose local1263government as required by federal rules and regulations,1264apportion the membership on the applicable M.P.O. among the1265various governmental entities within the area. 1266 (b) At the request of a majority of the affected units of 1267 general-purpose local government comprising an M.P.O., the 1268 Governor and a majority of units of general-purpose local 1269 government serving on an M.P.O. shall cooperatively agree upon 1270 and prescribe who may serve as an alternate member and a method 1271 for appointing alternate members who may vote at any M.P.O. 1272 meeting that an alternate member attends in place of a regular 1273 member. The method mustshallbe set forth as a part of the 1274 interlocal agreement describing the M.P.O.’s membership or in 1275 the M.P.O.’s operating procedures and bylaws. The governmental 1276 entity so designated shall appoint the appropriate number of 1277 members to the M.P.O. from eligible officials. Representatives 1278 of the department shall serve as nonvoting advisers to the 1279 M.P.O. governing board. Additional nonvoting advisers may be 1280 appointed by the M.P.O. as deemed necessary; however, to the 1281 maximum extent feasible, each M.P.O. shall seek to appoint 1282 nonvoting representatives of various multimodal forms of 1283 transportation not otherwise represented by voting members of 1284 the M.P.O. An M.P.O. shall appoint nonvoting advisers 1285 representing major military installations located within the 1286 jurisdictional boundaries of the M.P.O. upon the request of the 1287 aforesaid major military installations and subject to the 1288 agreement of the M.P.O. All nonvoting advisers may attend and 1289 participate fully in governing board meetings but may not vote 1290 or be members of the governing board.The Governor shall review1291the composition of the M.P.O. membership in conjunction with the1292decennial census as prepared by the United States Department of1293Commerce, Bureau of the Census, and reapportion it as necessary1294to comply with subsection (3).1295 (c)(b)Except for members who represent municipalities on 1296 the basis of alternating with representatives from other 1297 municipalities that do not have members on the M.P.O. as 1298 provided in paragraph (3)(a), the members of an M.P.O. shall 1299 serve 4-year terms. Members who represent municipalities on the 1300 basis of alternating with representatives from other 1301 municipalities that do not have members on the M.P.O. as 1302 provided in paragraph (3)(a) may serve terms of up to 4 years as 1303 further provided in the interlocal agreement described in 1304 paragraph (2)(b). The membership of a member who is a public 1305 official automatically terminates upon the member’s leaving his 1306 or her elective or appointive office for any reason, or may be 1307 terminated by a majority vote of the total membership of the 1308 entity’s governing board represented by the member. A vacancy 1309 shall be filled by the original appointing entity. A member may 1310 be reappointed for one or more additional 4-year terms. 1311 (d)(c)If a governmental entity fails to fill an assigned 1312 appointment to an M.P.O. within 60 days after notification by 1313 the Governor of its duty to appoint, that appointment mustshall1314 be made by the Governor from the eligible representatives of 1315 that governmental entity. 1316 Section 19. Paragraph (a) of subsection (1) and subsections 1317 (4) and (5) of section 339.2821, Florida Statutes, are amended 1318 to read: 1319 339.2821 Economic development transportation projects.— 1320 (1)(a) The department, in consultation with the Department 1321 of Economic Opportunity and Enterprise Florida, Inc., may make 1322 and approve expenditures and contract with the appropriate 1323 governmental body for the direct costs of transportation 1324 projects. The Department of Economic Opportunity and the 1325 Department of Environmental Protection may formally review and 1326 comment on recommended transportation projects, although the 1327 department has final approval authority for any project 1328 authorized under this section. 1329 (4) A contract between the department and a governmental 1330 body for a transportation project must: 1331 (a) Specify that the transportation project is for the 1332 construction of a new or expanding business and specify the 1333 number of full-time permanent jobs that will result from the 1334 project. 1335 (b) Identify the governmental body and require that the 1336 governmental body award the construction of the particular 1337 transportation project to the lowest and best bidder in 1338 accordance with applicable state and federal statutes or rules 1339 unless the transportation project can be constructed using 1340 existing local governmental employees within the contract period 1341 specified by the department. 1342 (c) Require that the governmental body provide the 1343 department withquarterlyprogress reports. Eachquarterly1344 progress report must contain: 1345 1. A narrative description of the work completed and 1346 whether the work is proceeding according to the transportation 1347 project schedule; 1348 2. A description of each change order executed by the 1349 governmental body; 1350 3. A budget summary detailing planned expenditures compared 1351 to actual expenditures; and 1352 4. The identity of each small or minority business used as 1353 a contractor or subcontractor. 1354 (d) Require that the governmental body make and maintain 1355 records in accordance with accepted governmental accounting 1356 principles and practices for each progress payment made for work 1357 performed in connection with the transportation project, each 1358 change order executed by the governmental body, and each payment 1359 made pursuant to a change order. The records are subject to 1360 financial audit as required by law. 1361 (e) Require that the governmental body, upon completion and 1362 acceptance of the transportation project, certify to the 1363 department that the transportation project has been completed in 1364 compliance with the terms and conditions of the contract between 1365 the department and the governmental body and meets the minimum 1366 construction standards established in accordance with s. 1367 336.045. 1368 (f) Specify thatthe department transferfunds will not be 1369 transferred to the governmental body unless construction has 1370 begun on the facility of thenot more often than quarterly, upon1371receipt of a request for funds from the governmental body and1372consistent with the needs of the transportation project. The1373governmental body shall expend funds received from the1374department in a timely manner. The department may not transfer1375funds unless construction has begun on the facility of a1376 business on whose behalf the award was made. If construction of 1377 the transportation project does not begin within 4 years after 1378 the date of the initial grant award, the grant award is 1379 terminatedA contract totaling less than $200,000 is exempt from1380the transfer requirement. 1381 (g) Require that funds be used only on a transportation 1382 project that has been properly reviewed and approved in 1383 accordance with the criteria set forth in this section. 1384 (h) Require that the governing board of the governmental 1385 body adopt a resolution accepting future maintenance and other 1386 attendant costs occurring after completion of the transportation 1387 project if the transportation project is constructed on a county 1388 or municipal system. 1389 (5) For purposes of this section, Space Florida may serve 1390 as the governmental body or as the contracting agency for a 1391transportationproject within a spaceport territory as defined 1392 by s. 331.304. 1393 Section 20. Paragraphs (a) and (c) of subsection (2) and 1394 paragraph (i) of subsection (7) of section 339.55, Florida 1395 Statutes, are amended to read: 1396 339.55 State-funded infrastructure bank.— 1397 (2) The bank may lend capital costs or provide credit 1398 enhancements for: 1399 (a) A transportation facility project that is on the State 1400 Highway System or that provides for increased mobility on the 1401 state’s transportation system or provides intermodal 1402 connectivity with airports, seaports, spaceports, rail 1403 facilities, and other transportation terminals, pursuant to s. 1404 341.053, for the movement of people and goods. 1405 (c)1. Emergency loans for damages incurred to public-use 1406 commercial deepwater seaports, public-use airports, public-use 1407 spaceports, and other public-use transit and intermodal 1408 facilities that are within an area that is part of an official 1409 state declaration of emergency pursuant to chapter 252 and all 1410 other applicable laws. Such loans: 1411 a. May not exceed 24 months in duration except in extreme 1412 circumstances, for which the Secretary of Transportation may 1413 grant up to 36 months upon making written findings specifying 1414 the conditions requiring a 36-month term. 1415 b. Require application from the recipient to the department 1416 that includes documentation of damage claims filed with the 1417 Federal Emergency Management Agency or an applicable insurance 1418 carrier and documentation of the recipient’s overall financial 1419 condition. 1420 c. Are subject to approval by the Secretary of 1421 Transportation and the Legislative Budget Commission. 1422 2. Loans provided under this paragraph must be repaid upon 1423 receipt by the recipient of eligible program funding for damages 1424 in accordance with the claims filed with the Federal Emergency 1425 Management Agency or an applicable insurance carrier, but no 1426 later than the duration of the loan. 1427 (7) The department may consider, but is not limited to, the 1428 following criteria for evaluation of projects for assistance 1429 from the bank: 1430 (i) The extent to which the project will provide for 1431 connectivity between the State Highway System and airports, 1432 seaports, spaceports, rail facilities, and other transportation 1433 terminals and intermodal options pursuant to s. 341.053 for the 1434 increased accessibility and movement of people and goods. 1435 Section 21. Subsection (11) of section 341.031, Florida 1436 Statutes, is amended to read: 1437 341.031 Definitions relating to Florida Public Transit 1438 Act.—As used in ss. 341.011-341.061, the term: 1439 (11) “Intercity bus service” means regularly scheduled bus 1440 service for the general public which operates with limited stops 1441 over fixed routes connecting two or more urban areas not in 1442 close proximity; has the capacity for transporting baggage 1443 carried by passengers; and makes meaningful connections with 1444 scheduled intercity bus service to more distant points, if such 1445 service is available; maintains scheduled information in the1446National Official Bus Guide; and provides package express1447service incidental to passenger transportation. 1448 Section 22. Section 341.053, Florida Statutes, is amended 1449 to read: 1450 341.053 Intermodal Development Program; administration; 1451 eligible projects; limitations.— 1452 (1) There is created within the Department of 1453 Transportation an Intermodal Development Program to provide for 1454 major capital investments in fixed-guideway transportation 1455 systems, access to seaports, airports, spaceports, and other 1456 transportation terminals, providing for the construction of 1457 intermodal or multimodal terminals; and to plan or fund 1458 construction of airport, spaceport, seaport, transit, and rail 1459 projects thatotherwisefacilitate the intermodal or multimodal 1460 movement of people and goods. 1461 (2) The Intermodal Development Program shall be used for 1462 projects that support statewide goals as outlined in the Florida 1463 Transportation Plan, the Strategic Intermodal System Plan, the 1464 Freight Mobility and Trade Plan, or the appropriate department 1465 modal planIn recognition of the department’s role in the1466economic development of this state, the department shall develop1467a proposed intermodal development plan to connect Florida’s1468airports, deepwater seaports, rail systems serving both1469passenger and freight, and major intermodal connectors to the1470Strategic Intermodal System highway corridors as the primary1471system for the movement of people and freight in this state in1472order to make the intermodal development plan a fully integrated1473and interconnected system.The intermodal development plan must:1474(a) Define and assess the state’s freight intermodal1475network, including airports, seaports, rail lines and terminals,1476intercity bus lines and terminals, and connecting highways.1477(b) Prioritize statewide infrastructure investments,1478including the acceleration of current projects, which are found1479by the Freight Stakeholders Task Force to be priority projects1480for the efficient movement of people and freight.1481(c) Be developed in a manner that will assure maximum use1482of existing facilities and optimum integration and coordination1483of the various modes of transportation, including both1484government-owned and privately owned resources, in the most1485cost-effective manner possible.1486 (3) The Intermodal Development Program shall be 1487 administered by the department. 1488 (4) The department shall review funding requests from a 1489 rail authority created pursuant to chapter 343. The department 1490 may include projects of the authorities, including planning and 1491 design, in the tentative work program. 1492 (5)No single transportation authority operating a fixed1493guideway transportation system, or single fixed-guideway1494transportation system not administered by a transportation1495authority, receiving funds under the Intermodal Development1496Program shall receive more than 331/3percent of the total1497intermodal development funds appropriated between July 1, 1990,1498and June 30, 2015. In determining the distribution of funds1499under the Intermodal Development Program in any fiscal year, the1500department shall assume that future appropriation levels will be1501equal to the current appropriation level.1502(6)The department mayis authorized tofund projects 1503 within the Intermodal Development Program, which are consistent, 1504 to the maximum extent feasible, with approved local government 1505 comprehensive plans of the units of local government in which 1506 the project is located. Projects that are eligible for funding 1507 under this program include planning studies, major capital 1508 investments in public rail and fixed-guideway transportation or 1509 freight facilities and systems which provide intermodal access; 1510 road, rail, intercity bus service, or fixed-guideway access to, 1511 from, or between seaports, airports, spaceports, intermodal 1512 logistics centers, and other transportation terminals; 1513 construction of intermodal or multimodal terminals, including 1514 projects on airports, spaceports, intermodal logistics centers, 1515 or seaports which assist in the movement or transfer of people 1516 or goods; development and construction of dedicated bus lanes; 1517 and projects which otherwise facilitate the intermodal or 1518 multimodal movement of people and goods. 1519 Section 23. Subsection (17) of section 341.302, Florida 1520 Statutes, is amended to read: 1521 341.302 Rail program; duties and responsibilities of the 1522 department.—The department, in conjunction with other 1523 governmental entities, including the rail enterprise and the 1524 private sector, shall develop and implement a rail program of 1525 statewide application designed to ensure the proper maintenance, 1526 safety, revitalization, and expansion of the rail system to 1527 assure its continued and increased availability to respond to 1528 statewide mobility needs. Within the resources provided pursuant 1529 to chapter 216, and as authorized under federal law, the 1530 department shall: 1531 (17) In conjunction with the acquisition, ownership, 1532 construction, operation, maintenance, and management of a rail 1533 corridor, have the authority to: 1534 (a) Assume obligations pursuant to the following: 1535 1.a. The department may assume the obligation by contract 1536 to forever protect, defend, indemnify, and hold harmless the 1537 freight rail operator, or its successors, from whom the 1538 department has acquired a real property interest in the rail 1539 corridor, and that freight rail operator’s officers, agents, and 1540 employees, from and against any liability, cost, and expense, 1541 including, but not limited to, commuter rail passengers and rail 1542 corridor invitees in the rail corridor, regardless of whether 1543 the loss, damage, destruction, injury, or death giving rise to 1544 any such liability, cost, or expense is caused in whole or in 1545 part, and to whatever nature or degree, by the fault, failure, 1546 negligence, misconduct, nonfeasance, or misfeasance of such 1547 freight rail operator, its successors, or its officers, agents, 1548 and employees, or any other person or persons whomsoever; or 1549 b. The department may assume the obligation by contract to 1550 forever protect, defend, indemnify, and hold harmless National 1551 Railroad Passenger Corporation, or its successors, and officers, 1552 agents, and employees of National Railroad Passenger 1553 Corporation, from and against any liability, cost, and expense, 1554 including, but not limited to, commuter rail passengers and rail 1555 corridor invitees in the rail corridor, regardless of whether 1556 the loss, damage, destruction, injury, or death giving rise to 1557 any such liability, cost, or expense is caused in whole or in 1558 part, and to whatever nature or degree, by the fault, failure, 1559 negligence, misconduct, nonfeasance, or misfeasance of National 1560 Railroad Passenger Corporation, its successors, or its officers, 1561 agents, and employees, or any other person or persons 1562 whomsoever. 1563 2. The assumption of liability of the department by 1564 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph 1565 1.b. may not in any instance exceed the following parameters of 1566 allocation of risk: 1567 a. The department may be solely responsible for any loss, 1568 injury, or damage to commuter rail passengers, or rail corridor 1569 invitees, or trespassers, regardless of circumstances or cause, 1570 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 1571 6. 1572 b.(I) In the event of a limited covered accident, the 1573 authority of the department to protect, defend, and indemnify 1574 the freight operator for all liability, cost, and expense, 1575 including punitive or exemplary damages, in excess of the 1576 deductible or self-insurance retention fund established under 1577 paragraph (b) and actually in force at the time of the limited 1578 covered accident exists only if the freight operator agrees, 1579 with respect to the limited covered accident, to protect, 1580 defend, and indemnify the department for the amount of the 1581 deductible or self-insurance retention fund established under 1582 paragraph (b) and actually in force at the time of the limited 1583 covered accident. 1584 (II) In the event of a limited covered accident, the 1585 authority of the department to protect, defend, and indemnify 1586 National Railroad Passenger Corporation for all liability, cost, 1587 and expense, including punitive or exemplary damages, in excess 1588 of the deductible or self-insurance retention fund established 1589 under paragraph (b) and actually in force at the time of the 1590 limited covered accident exists only if National Railroad 1591 Passenger Corporation agrees, with respect to the limited 1592 covered accident, to protect, defend, and indemnify the 1593 department for the amount of the deductible or self-insurance 1594 retention fund established under paragraph (b) and actually in 1595 force at the time of the limited covered accident. 1596 3. IfWhenonly one train is involved in an incident, the 1597 department may be solely responsible for any loss, injury, or 1598 damage if the train is a department train or other train 1599 pursuant to subparagraph 4., but only if: 1600 a. IfWhenan incident occurs with only a freight train 1601 involved, including incidents with trespassers or at grade 1602 crossings, the freight rail operator is solely responsible for 1603 any loss, injury, or damage, except for commuter rail passengers 1604 and rail corridor invitees; or 1605 b. IfWhenan incident occurs with only a National Railroad 1606 Passenger Corporation train involved, including incidents with 1607 trespassers or at grade crossings, National Railroad Passenger 1608 Corporation is solely responsible for any loss, injury, or 1609 damage, except for commuter rail passengers and rail corridor 1610 invitees. 1611 4. For the purposes of this subsection: 1612 a. AAnytrain involved in an incident whichthatis not 1613neitherthe department’s train ornorthe freight rail 1614 operator’s train, hereinafter referred to in this subsection as 1615 an “other train,” may be treated as a department train, solely 1616 for purposes of any allocation of liability between the 1617 department and the freight rail operator only, but only if the 1618 department and the freight rail operator share responsibility 1619 equally as to third parties outside the rail corridor who incur 1620 loss, injury, or damage as a result of any incident involving 1621 both a department train and a freight rail operator train, and 1622 the allocation as between the department and the freight rail 1623 operator, regardless of whether the other train is treated as a 1624 department train, shall remain one-half each as to third parties 1625 outside the rail corridor who incur loss, injury, or damage as a 1626 result of the incident. The involvement of any other train does 1627shallnot alter the sharing of equal responsibility as to third 1628 parties outside the rail corridor who incur loss, injury, or 1629 damage as a result of the incident; or 1630 b. AAnytrain involved in an incident that is notneither1631 the department’s train ornorthe National Railroad Passenger 1632 Corporation’s train, hereinafter referred to in this subsection 1633 as an “other train,” may be treated as a department train, 1634 solely for purposes of any allocation of liability between the 1635 department and National Railroad Passenger Corporation only, but 1636 only if the department and National Railroad Passenger 1637 Corporation share responsibility equally as to third parties 1638 outside the rail corridor who incur loss, injury, or damage as a 1639 result of any incident involving both a department train and a 1640 National Railroad Passenger Corporation train, and the 1641 allocation as between the department and National Railroad 1642 Passenger Corporation, regardless of whether the other train is 1643 treated as a department train, shall remain one-half each as to 1644 third parties outside the rail corridor who incur loss, injury, 1645 or damage as a result of the incident. The involvement of any 1646 other train doesshallnot alter the sharing of equal 1647 responsibility as to third parties outside the rail corridor who 1648 incur loss, injury, or damage as a result of the incident. 1649 5. IfWhenmore than one train is involved in an incident: 1650 a.(I) If only a department train and freight rail 1651 operator’s train, or only an other train as described in sub 1652 subparagraph 4.a. and a freight rail operator’s train, are 1653 involved in an incident, the department may be responsible for 1654 its property and all of its people, all commuter rail 1655 passengers, and rail corridor invitees, but only if the freight 1656 rail operator is responsible for its property and all of its 1657 people, and the department and the freight rail operator each 1658 share one-half responsibility as to trespassers or third parties 1659 outside the rail corridor who incur loss, injury, or damage as a 1660 result of the incident; or 1661 (II) If only a department train and a National Railroad 1662 Passenger Corporation train, or only an other train as described 1663 in sub-subparagraph 4.b. and a National Railroad Passenger 1664 Corporation train, are involved in an incident, the department 1665 may be responsible for its property and all of its people, all 1666 commuter rail passengers, and rail corridor invitees, but only 1667 if National Railroad Passenger Corporation is responsible for 1668 its property and all of its people, all National Railroad 1669 Passenger Corporation’s rail passengers, and the department and 1670 National Railroad Passenger Corporation each share one-half 1671 responsibility as to trespassers or third parties outside the 1672 rail corridor who incur loss, injury, or damage as a result of 1673 the incident. 1674 b.(I) If a department train, a freight rail operator train, 1675 and any other train are involved in an incident, the allocation 1676 of liability between the department and the freight rail 1677 operator, regardless of whether the other train is treated as a 1678 department train, shall remain one-half each as to third parties 1679 outside the rail corridor who incur loss, injury, or damage as a 1680 result of the incident; the involvement of any other train does 1681shallnot alter the sharing of equal responsibility as to third 1682 parties outside the rail corridor who incur loss, injury, or 1683 damage as a result of the incident; and, if the owner, operator, 1684 or insurer of the other train makes any payment to injured third 1685 parties outside the rail corridor who incur loss, injury, or 1686 damage as a result of the incident, the allocation of credit 1687 between the department and the freight rail operator as to such 1688 payment doesshallnot in any case reduce the freight rail 1689 operator’s third-party-sharing allocation of one-half under this 1690 paragraph to less than one-third of the total third party 1691 liability; or 1692 (II) If a department train, a National Railroad Passenger 1693 Corporation train, and any other train are involved in an 1694 incident, the allocation of liability between the department and 1695 National Railroad Passenger Corporation, regardless of whether 1696 the other train is treated as a department train, shall remain 1697 one-half each as to third parties outside the rail corridor who 1698 incur loss, injury, or damage as a result of the incident; the 1699 involvement of any other train doesshallnot alter the sharing 1700 of equal responsibility as to third parties outside the rail 1701 corridor who incur loss, injury, or damage as a result of the 1702 incident; and, if the owner, operator, or insurer of the other 1703 train makes any payment to injured third parties outside the 1704 rail corridor who incur loss, injury, or damage as a result of 1705 the incident, the allocation of credit between the department 1706 and National Railroad Passenger Corporation as to such payment 1707 doesshallnot in any case reduce National Railroad Passenger 1708 Corporation’s third-party-sharing allocation of one-half under 1709 this sub-subparagraph to less than one-third of the total third 1710 party liability. 1711 6. Any such contractual duty to protect, defend, indemnify, 1712 and hold harmless such a freight rail operator or National 1713 Railroad Passenger Corporation shall expressly include a 1714 specific cap on the amount of the contractual duty, which amount 1715 mayshallnot exceed $200 million without prior legislative 1716 approval, and the department to purchase liability insurance and 1717 establish a self-insurance retention fund in the amount of the 1718 specific cap established under this subparagraph, provided that: 1719 a. ANo suchcontractual duty may notshallin any case be 1720 effective ornorotherwise extend the department’s liability in 1721 scope and effect beyond the contractual liability insurance and 1722 self-insurance retention fund required pursuant to this 1723 paragraph; and 1724 b.(I) The freight rail operator’s compensation to the 1725 department for future use of the department’s rail corridor 1726 shall include a monetary contribution to the cost of such 1727 liability coverage for the sole benefit of the freight rail 1728 operator. 1729 (II) National Railroad Passenger Corporation’s compensation 1730 to the department for future use of the department’s rail 1731 corridor shall include a monetary contribution to the cost of 1732 such liability coverage for the sole benefit of National 1733 Railroad Passenger Corporation. 1734 (b) Purchase liability insurance, which amount mayshall1735 not exceed $200 million, and establish a self-insurance 1736 retention fund for the purpose of paying the deductible limit 1737 established in the insurance policies it may obtain, including 1738 coverage for the department, any freight rail operator as 1739 described in paragraph (a), National Railroad Passenger 1740 Corporation, commuter rail service providers, governmental 1741 entities, or any ancillary development, which self-insurance 1742 retention fund or deductible mayshallnot exceed $10 million. 1743 The insureds shall pay a reasonable monetary contribution to the 1744 cost of such liability coverage for the sole benefit of the 1745 insured. Such insurance and self-insurance retention fund may 1746 provide coverage for all damages, including, but not limited to, 1747 compensatory, special, and exemplary, and be maintained to 1748 provide an adequate fund to cover claims and liabilities for 1749 loss, injury, or damage arising out of or connected with the 1750 ownership, operation, maintenance, and management of a rail 1751 corridor. 1752 (c) Incur expenses for the purchase of advertisements, 1753 marketing, and promotional items. 1754 (d) Undertake any ancillary development that the department 1755 determines to be appropriate as a source of revenue for the 1756 establishment, construction, operation, or maintenance of any 1757 rail corridor owned by the state. The ancillary development must 1758 be consistent, to the extent feasible, with applicable local 1759 government comprehensive plans and local land development 1760 regulations and otherwise be in compliance with ss. 341.302 1761 341.303. 1762 1763NeitherThe assumption by contract to protect, defend, 1764 indemnify, and hold harmless; the purchase of insurance; ornor1765 the establishment of a self-insurance retention fund may not 1766shallbe deemed to be a waiver of any defense of sovereign 1767 immunity for torts nor deemed to increase the limits of the 1768 department’s or the governmental entity’s liability for torts as 1769 provided in s. 768.28. The requirements of s. 287.022(1) do 1770shallnot apply to the purchase of any insurance under this 1771 subsection. The provisions of this subsectionshallapply and 1772 inure fully as to any other governmental entity providing 1773 commuter rail service and constructing, operating, maintaining, 1774 or managing a rail corridor on publicly owned right-of-way under 1775 contract by the governmental entity with the department or a 1776 governmental entity designated by the department. 1777 Notwithstanding any law to the contrary, procurement for the 1778 construction, operation, maintenance, and management of any rail 1779 corridor described in this subsection, whether by the 1780 department, a governmental entity under contract with the 1781 department, or a governmental entity designated by the 1782 department, mustshallbe pursuant to s. 287.057 and mustshall1783 include, but not be limited to, criteria for the consideration 1784 of qualifications, technical aspects of the proposal, and price. 1785 Further, aany suchcontract for design-build shall be procured 1786 pursuant to the criteria in s. 337.11(7). 1787 Section 24. Paragraph (d) of subsection (3) of section 1788 343.82, Florida Statutes, is amended to read: 1789 343.82 Purposes and powers.— 1790 (3) 1791 (d) The authority may undertake projects or other 1792 improvements in the master plan in phases as particular projects 1793 or segments thereof become feasible, as determined by the 1794 authority. In carrying out its purposes and powers, the 1795 authority may request funding and technical assistance from the 1796 department and appropriate federal and local agencies, 1797 including, but not limited to, state infrastructure bank loans,1798advances from the Toll Facilities Revolving Trust Fund,and from 1799 any other sources. 1800 Section 25. Subsection (4) of section 343.922, Florida 1801 Statutes, is amended to read: 1802 343.922 Powers and duties.— 1803 (4) The authority may undertake projects or other 1804 improvements in the master plan in phases as particular projects 1805 or segments become feasible, as determined by the authority. The 1806 authority shall coordinate project planning, development, and 1807 implementation with the applicable local governments. The 1808 authority’s projects that are transportation oriented shall be 1809 consistent to the maximum extent feasible with the adopted local 1810 government comprehensive plans at the time they are funded for 1811 construction. Authority projects that are not transportation 1812 oriented and meet the definition of development pursuant to s. 1813 380.04 shall be consistent with the local comprehensive plans. 1814 In carrying out its purposes and powers, the authority may 1815 request funding and technical assistance from the department and 1816 appropriate federal and local agencies, including, but not 1817 limited to, state infrastructure bank loans, advances from the1818Toll Facilities Revolving Trust Fund,and funding and technical 1819 assistance from any other source. 1820 Section 26. Chapter 345, Florida Statutes, consisting of 1821 sections 345.0001, 345.0002, 345.0003, 345.0004, 345.0005, 1822 345.0006, 345.0007, 345.0008, 345.0009, 345.0010, 345.0011, 1823 345.0012, 345.0013, 345.0014, 345.0015, 345.0016, and 345.0017, 1824 is created to read: 1825 345.0001 Short title.—This act may be cited as the “Florida 1826 Regional Tollway Authority Act.” 1827 345.0002 Definitions.—As used in this chapter, the term: 1828 (1) “Agency of the state” means the state and any 1829 department of, or any corporation, agency, or instrumentality 1830 heretofore or hereafter created, designated, or established by, 1831 the state. 1832 (2) “Area served” means the geographical area of the 1833 counties for which an authority is established. 1834 (3) “Authority” means a regional tollway authority, a body 1835 politic and corporate, and an agency of the state, established 1836 pursuant to the Florida Regional Tollway Authority Act. 1837 (4) “Bonds” means the notes, bonds, refunding bonds, or 1838 other evidences of indebtedness or obligations, in temporary or 1839 definitive form, which an authority may issue pursuant to this 1840 act. 1841 (5) “Department” means the Department of Transportation of 1842 Florida and any successor thereto. 1843 (6) “Division” means the Division of Bond Finance of the 1844 State Board of Administration. 1845 (7) “Federal agency” means the United States, the President 1846 of the United States, and any department of, or any bureau, 1847 corporation, agency, or instrumentality heretofore or hereafter 1848 created, designated, or established by, the United States. 1849 (8) “Members” means the governing body of an authority, and 1850 the term “member” means one of the individuals constituting such 1851 governing body. 1852 (9) “Regional system” or “system” means, generally, a 1853 modern tolled highway system of roads, bridges, causeways, and 1854 tunnels within any area of the authority, with access limited or 1855 unlimited as an authority may determine, and the buildings and 1856 structures and appurtenances and facilities related to the 1857 system, including all approaches, streets, roads, bridges, and 1858 avenues of access for the system. 1859 (10) “Revenues” means the tolls, revenues, rates, fees, 1860 charges, receipts, rentals, contributions, and other income 1861 derived from or in connection with the operation or ownership of 1862 a regional system, including the proceeds of any use and 1863 occupancy insurance on any portion of the system but excluding 1864 state funds available to an authority and any other municipal or 1865 county funds available to an authority under an agreement with a 1866 municipality or county. 1867 345.0003 Tollway authority; formation; membership.— 1868 (1) A county, or two or more contiguous counties, may, 1869 after the approval of the Legislature, form a regional tollway 1870 authority for the purposes of constructing, maintaining, and 1871 operating transportation projects in a region of this state. An 1872 authority shall be governed in accordance with the provisions of 1873 this chapter. An authority may not be created without the 1874 approval of the Legislature and the approval of the county 1875 commission of each county that will be a part of the authority. 1876 An authority may not be created to serve a particular area of 1877 this state as provided by this subsection if a regional tollway 1878 authority has been created and is operating within all or a 1879 portion of the same area served pursuant to an act of the 1880 Legislature. Each authority shall be the only authority created 1881 and operating pursuant to this chapter within the area served by 1882 the authority. 1883 (2) The governing body of an authority shall consist of a 1884 board of voting members as follows: 1885 (a) The county commission of each county in the area served 1886 by the authority shall each appoint a member who must be a 1887 resident of the county from which he or she is appointed. If 1888 possible, the member must represent the business and civic 1889 interests of the community. 1890 (b) The Governor shall appoint an equal number of members 1891 to the board as those appointed by the county commissions. The 1892 members appointed by the Governor must be residents of the area 1893 served by the authority. 1894 (c) The secretary of the Department of Transportation shall 1895 appoint one of the district secretaries, or his or her designee, 1896 for the districts within which the area served by the authority 1897 is located. 1898 (3) The term of office of each member shall be for 4 years 1899 or until his or her successor is appointed and qualified. 1900 (4) A member may not hold an elected office. 1901 (5) A vacancy occurring in the governing body before the 1902 expiration of the member’s term shall be filled by the 1903 respective appointing authority in the same manner as the 1904 original appointment and only for the balance of the unexpired 1905 term. 1906 (6) Each member, before entering upon his or her official 1907 duties, must take and subscribe to an oath before an official 1908 authorized by law to administer oaths that he or she will 1909 honestly, faithfully, and impartially perform the duties 1910 devolving upon him or her in office as a member of the governing 1911 body of the authority and that he or she will not neglect any 1912 duties imposed upon him or her by this chapter. 1913 (7) A member of an authority may be removed from office by 1914 the Governor for misconduct, malfeasance, misfeasance, or 1915 nonfeasance in office. 1916 (8) The members of the authority shall designate one of its 1917 members as chair. 1918 (9) The members of the authority shall serve without 1919 compensation, but shall be entitled to reimbursement for per 1920 diem and other expenses in accordance with s. 112.061 while in 1921 performance of their duties. 1922 (10) A majority of the members of the authority constitutes 1923 a quorum, and resolutions enacted or adopted by a vote of a 1924 majority of the members present and voting at any meeting become 1925 effective without publication, posting, or any further action of 1926 the authority. 1927 345.0004 Powers and duties.— 1928 (1)(a) An authority created and established, or governed, 1929 by the Florida Regional Tollway Authority Act shall plan, 1930 develop, finance, construct, reconstruct, improve, own, operate, 1931 and maintain a regional system in the area served by the 1932 authority. 1933 (b) An authority may not exercise the powers in paragraph 1934 (a) with respect to an existing system for transporting people 1935 and goods by any means that is owned by another entity without 1936 the consent of that entity. If an authority acquires, purchases, 1937 or inherits an existing entity, the authority shall also inherit 1938 and assume all rights, assets, appropriations, privileges, and 1939 obligations of the existing entity. 1940 (2) Each authority may exercise all powers necessary, 1941 appurtenant, convenient, or incidental to the carrying out of 1942 the purposes of this section, including, but not limited to, the 1943 following rights and powers: 1944 (a) To sue and be sued, implead and be impleaded, and 1945 complain and defend in all courts in its own name. 1946 (b) To adopt and use a corporate seal. 1947 (c) To have the power of eminent domain, including the 1948 procedural powers granted under chapters 73 and 74. 1949 (d) To acquire, purchase, hold, lease as a lessee, and use 1950 any property, real, personal, or mixed, tangible or intangible, 1951 or any interest therein, necessary or desirable for carrying out 1952 the purposes of the authority. 1953 (e) To sell, convey, exchange, lease, or otherwise dispose 1954 of any real or personal property acquired by the authority, 1955 including air rights. 1956 (f) To fix, alter, charge, establish, and collect rates, 1957 fees, rentals, and other charges for the use of any system owned 1958 or operated by the authority, which rates, fees, rentals, and 1959 other charges must always be sufficient to comply with any 1960 covenants made with the holders of any bonds issued pursuant to 1961 this act; however, such right and power may be assigned or 1962 delegated by the authority to the department. 1963 (g) To borrow money, make and issue negotiable notes, 1964 bonds, refunding bonds, and other evidences of indebtedness or 1965 obligations, in temporary or definitive form, for the purpose of 1966 financing all or part of the improvement of the authority’s 1967 system and appurtenant facilities, including the approaches, 1968 streets, roads, bridges, and avenues of access for the system 1969 and for any other purpose authorized by this chapter, the bonds 1970 to mature in not exceeding 30 years after the date of the 1971 issuance thereof, and to secure the payment of such bonds or any 1972 part thereof by a pledge of its revenues, rates, fees, rentals, 1973 or other charges, including municipal or county funds received 1974 by the authority pursuant to the terms of an agreement between 1975 the authority and a municipality or county; and, in general, to 1976 provide for the security of the bonds and the rights and 1977 remedies of the holders of the bonds; however, municipal or 1978 county funds may not be pledged for the construction of a 1979 project for which a toll is to be charged unless the anticipated 1980 tolls are reasonably estimated by the governing board of the 1981 municipality or county, at the date of its resolution pledging 1982 said funds, to be sufficient to cover the principal and interest 1983 of such obligations during the period when the pledge of funds 1984 is in effect. 1985 1. An authority shall reimburse a municipality or county 1986 for sums expended from municipal or county funds used for the 1987 payment of the bond obligations. 1988 2. If an authority determines to fund or refund any bonds 1989 issued by the authority before the maturity of the bonds, the 1990 proceeds of the funding or refunding bonds shall, pending the 1991 prior redemption of the bonds to be funded or refunded, be 1992 invested in direct obligations of the United States, and the 1993 outstanding bonds may be funded or refunded by the issuance of 1994 bonds pursuant to this chapter. 1995 (h) To make contracts of every name and nature, including, 1996 but not limited to, partnerships providing for participation in 1997 ownership and revenues, and to execute each instrument necessary 1998 or convenient for the conduct of its business. 1999 (i) Without limitation of the foregoing, to cooperate with, 2000 to borrow money and accept grants from, and to enter into 2001 contracts or other transactions with any federal agency, the 2002 state, or any agency or any other public body of the state. 2003 (j) To employ an executive director, attorney, staff, and 2004 consultants. Upon the request of an authority, the department 2005 shall furnish the services of a department employee to act as 2006 the executive director of the authority. 2007 (k) To enter into joint development agreements. 2008 (l) To accept funds or other property from private 2009 donations. 2010 (m) To do all acts and things necessary or convenient for 2011 the conduct of its business and the general welfare of the 2012 authority, in order to carry out the powers granted to it by 2013 this act or any other law. 2014 (3) An authority does not have the power at any time or in 2015 any manner to pledge the credit or taxing power of the state or 2016 any political subdivision or agency thereof. Obligations of the 2017 authority may not be deemed to be obligations of the state or of 2018 any other political subdivision or agency thereof. The state or 2019 any political subdivision or agency thereof, except the 2020 authority, is not liable for the payment of the principal of or 2021 interest on such obligations. 2022 (4) An authority has no power, other than by consent of the 2023 affected county or an affected municipality, to enter into an 2024 agreement that would legally prohibit the construction of a road 2025 by the county or the municipality. 2026 (5) An authority formed pursuant to this chapter shall 2027 comply with the statutory requirements of general application 2028 which relate to the filing of a report or documentation required 2029 by law, including the requirements of ss. 189.4085, 189.415, 2030 189.417, and 189.418. 2031 345.0005 Bonds.— 2032 (1)(a) Bonds may be issued on behalf of an authority 2033 pursuant to the State Bond Act. 2034 (b) An authority may also issue bonds in such principal 2035 amount as is necessary, in the opinion of the authority, to 2036 provide sufficient moneys for achieving its corporate purposes, 2037 including construction, reconstruction, improvement, extension, 2038 repair, maintenance and operation of the system, the cost of 2039 acquisition of all real property, interest on bonds during 2040 construction and for a reasonable period thereafter, 2041 establishment of reserves to secure bonds, and other 2042 expenditures of the authority incident, and necessary or 2043 convenient, to carry out its corporate purposes and powers. 2044 (2)(a) Bonds issued by an authority pursuant to paragraph 2045 (1)(a) or paragraph (1)(b) must be authorized by resolution of 2046 the members of the authority and must bear such date or dates; 2047 mature at such time or times, not exceeding 30 years after their 2048 respective dates; bear interest at such rate or rates, not 2049 exceeding the maximum rate fixed by general law for authorities; 2050 be in such denominations; be in such form, either coupon or 2051 fully registered; carry such registration, exchangeability and 2052 interchangeability privileges; be payable in such medium of 2053 payment and at such place or places; be subject to such terms of 2054 redemption; and be entitled to such priorities of lien on the 2055 revenues and other available moneys as such resolution or any 2056 resolution subsequent to the bonds’ issuance may provide. The 2057 bonds must be executed by manual or facsimile signature by such 2058 officers as the authority shall determine, provided that such 2059 bonds bear at least one signature that is manually executed on 2060 the bond. The coupons attached to the bonds must bear the 2061 facsimile signature or signatures of the officer or officers as 2062 shall be designated by the authority. The bonds must have the 2063 seal of the authority affixed, imprinted, reproduced, or 2064 lithographed thereon. 2065 (b) Bonds issued pursuant to paragraph (1)(a) or paragraph 2066 (1)(b) must be sold at public sale in the same manner provided 2067 in the State Bond Act. Pending the preparation of definitive 2068 bonds, temporary bonds or interim certificates may be issued to 2069 the purchaser or purchasers of such bonds and may contain such 2070 terms and conditions as the authority may determine. 2071 (3) A resolution that authorizes any bonds may contain 2072 provisions that must be part of the contract with the holders of 2073 the bonds, as to: 2074 (a) The pledging of all or any part of the revenues, 2075 available municipal or county funds, or other charges or 2076 receipts of the authority derived from the regional system. 2077 (b) The construction, reconstruction, improvement, 2078 extension, repair, maintenance, and operation of the system, or 2079 any part or parts of the system, and the duties and obligations 2080 of the authority with reference thereto. 2081 (c) Limitations on the purposes to which the proceeds of 2082 the bonds, then or thereafter issued, or of any loan or grant by 2083 any federal agency or the state or any political subdivision of 2084 the state may be applied. 2085 (d) The fixing, charging, establishing, revising, 2086 increasing, reducing, and collecting of tolls, rates, fees, 2087 rentals, or other charges for use of the services and facilities 2088 of the system or any part of the system. 2089 (e) The setting aside of reserves or of sinking funds and 2090 the regulation and disposition of the reserves or sinking funds. 2091 (f) Limitations on the issuance of additional bonds. 2092 (g) The terms and provisions of any deed of trust or 2093 indenture securing the bonds, or under which the bonds may be 2094 issued. 2095 (h) Any other or additional matters, of like or different 2096 character, which in any way affect the security or protection of 2097 the bonds. 2098 (4) The authority may enter into any deeds of trust, 2099 indentures, or other agreements with any bank or trust company 2100 within or without the state, as security for such bonds, and 2101 may, under such agreements, assign and pledge any of the 2102 revenues and other available moneys, including any available 2103 municipal or county funds, pursuant to the terms of this 2104 chapter. The deed of trust, indenture, or other agreement may 2105 contain provisions that are customary in such instruments or 2106 that the authority may authorize, including, but without 2107 limitation, provisions that: 2108 (a) Pledge any part of the revenues or other moneys 2109 lawfully available therefor. 2110 (b) Apply funds and safeguard funds on hand or on deposit. 2111 (c) Provide for the rights and remedies of the trustee and 2112 the holders of the bonds. 2113 (d) Provide for the terms and provisions of the bonds or 2114 for resolutions authorizing the issuance of the bonds. 2115 (e) Provide for any other or additional matters, of like or 2116 different character, which affect the security or protection of 2117 the bonds. 2118 (5) Any bonds issued pursuant to this act are negotiable 2119 instruments and have all the qualities and incidents of 2120 negotiable instruments under the law merchant and the negotiable 2121 instruments law of the state. 2122 (6) A resolution that authorizes the issuance of authority 2123 bonds and pledges the revenues of the system must require that 2124 revenues of the system be periodically deposited into 2125 appropriate accounts in such sums as are sufficient to pay the 2126 costs of operation and maintenance of the system for the current 2127 fiscal year as set forth in the annual budget of the authority 2128 and to reimburse the department for any unreimbursed costs of 2129 operation and maintenance of the system from prior fiscal years 2130 before revenues of the system are deposited into accounts for 2131 the payment of interest or principal owing or that may become 2132 owing on such bonds. 2133 (7) State funds may not be used or pledged to pay the 2134 principal or interest of any authority bonds, and all such bonds 2135 must contain a statement on their face to this effect. 2136 345.0006 Remedies of bondholders.— 2137 (1) The rights and the remedies granted to authority 2138 bondholders under this chapter are in addition to and not in 2139 limitation of any rights and remedies lawfully granted to such 2140 bondholders by the resolution or indenture providing for the 2141 issuance of bonds, or by any deed of trust, indenture, or other 2142 agreement under which the bonds may be issued or secured. If an 2143 authority defaults in the payment of the principal of or 2144 interest on any of the bonds issued pursuant to this chapter 2145 after such principal of or interest on the bonds becomes due, 2146 whether at maturity or upon call for redemption, as provided in 2147 the resolution or indenture, and such default continues for 30 2148 days, or in the event that the authority fails or refuses to 2149 comply with the provisions of this chapter or any agreement made 2150 with, or for the benefit of, the holders of the bonds, the 2151 holders of 25 percent in aggregate principal amount of the bonds 2152 then outstanding shall be entitled as of right to the 2153 appointment of a trustee to represent such bondholders for the 2154 purposes of the default provided that the holders of 25 percent 2155 in aggregate principal amount of the bonds then outstanding 2156 first gave written notice of their intention to appoint a 2157 trustee, to the authority and to the department. 2158 (2) The trustee, and any trustee under any deed of trust, 2159 indenture, or other agreement, may, and upon written request of 2160 the holders of 25 percent, or such other percentages specified 2161 in any deed of trust, indenture, or other agreement, in 2162 principal amount of the bonds then outstanding, shall, in any 2163 court of competent jurisdiction, in his, her, or its own name: 2164 (a) By mandamus or other suit, action, or proceeding at 2165 law, or in equity, enforce all rights of the bondholders, 2166 including the right to require the authority to fix, establish, 2167 maintain, collect, and charge rates, fees, rentals, and other 2168 charges, adequate to carry out any agreement as to, or pledge 2169 of, the revenues, and to require the authority to carry out any 2170 other covenants and agreements with or for the benefit of the 2171 bondholders, and to perform its and their duties under this 2172 chapter. 2173 (b) Bring suit upon the bonds. 2174 (c) By action or suit in equity, require the authority to 2175 account as if it were the trustee of an express trust for the 2176 bondholders. 2177 (d) By action or suit in equity, enjoin any acts or things 2178 that may be unlawful or in violation of the rights of the 2179 bondholders. 2180 (3) A trustee, if appointed pursuant to this section or 2181 acting under a deed of trust, indenture, or other agreement, and 2182 whether or not all bonds have been declared due and payable, 2183 shall be entitled as of right to the appointment of a receiver. 2184 The receiver may enter upon and take possession of the system or 2185 the facilities or any part or parts of the system, the revenues 2186 and other pledged moneys, for and on behalf of and in the name 2187 of, the authority and the bondholders. The receiver may collect 2188 and receive all revenues and other pledged moneys in the same 2189 manner as the authority might do. The receiver shall deposit all 2190 such revenues and moneys in a separate account and apply all 2191 such revenues and moneys remaining after allowance for payment 2192 of all costs of operation and maintenance of the system in such 2193 manner as the court directs. In a suit, action, or proceeding by 2194 the trustee, the fees, counsel fees, and expenses of the 2195 trustee, and said receiver, if any, and all costs and 2196 disbursements allowed by the court must be a first charge on any 2197 revenues after payment of the costs of operation and maintenance 2198 of the system. The trustee also has all other powers necessary 2199 or appropriate for the exercise of any functions specifically 2200 set forth in this section or incident to the representation of 2201 the bondholders in the enforcement and protection of their 2202 rights. 2203 (4) This section or any other section of this chapter does 2204 not authorize a receiver appointed pursuant to this section for 2205 the purpose of operating and maintaining the system or any 2206 facilities or parts thereof to sell, assign, mortgage, or 2207 otherwise dispose of any of the assets belonging to the 2208 authority. The powers of such receiver are limited to the 2209 operation and maintenance of the system, or any facility or 2210 parts thereof and to the collection and application of revenues 2211 and other moneys due the authority, in the name and for and on 2212 behalf of the authority and the bondholders, and a holder of 2213 bonds or any trustee does not have the right in any suit, 2214 action, or proceeding at law, or in equity, to compel a 2215 receiver, or any receiver may not be authorized or any court may 2216 not be empowered to direct the receiver, to sell, assign, 2217 mortgage, or otherwise dispose of any assets of whatever kind or 2218 character belonging to the authority. 2219 345.0007 Department to construct, operate, and maintain 2220 facilities.— 2221 (1) The department is the agent of each authority for the 2222 purpose of performing all phases of a project, including, but 2223 not limited to, constructing improvements and extensions to the 2224 system. The division and the authority shall provide to the 2225 department complete copies of the documents, agreements, 2226 resolutions, contracts, and instruments that relate to the 2227 project and shall request that the department perform the 2228 construction work, including the planning, surveying, design, 2229 and actual construction of the completion, extensions, and 2230 improvements to the system. After the issuance of bonds to 2231 finance construction of an improvement or addition to the 2232 system, the division and the authority shall transfer to the 2233 credit of an account of the department in the State Treasury the 2234 necessary funds for construction. The department shall proceed 2235 with construction and use the funds for the purpose authorized 2236 and as otherwise provided by law for construction of roads and 2237 bridges. An authority may alternatively, with the consent and 2238 approval of the department, elect to appoint a local agency 2239 certified by the department to administer federal aid projects 2240 in accordance with federal law as the authority’s agent for the 2241 purpose of performing each phase of a project. 2242 (2) Notwithstanding the provisions of subsection (1), the 2243 department is the agent of each authority for the purpose of 2244 operating and maintaining the system. The department shall 2245 operate and maintain the system, and the costs incurred by the 2246 department for operation and maintenance shall be reimbursed 2247 from revenues of the system. The appointment of the department 2248 as agent for each authority does not create an independent 2249 obligation of the department to operate and maintain a system. 2250 Each authority shall remain obligated as principal to operate 2251 and maintain its system, and an authority’s bondholders do not 2252 have an independent right to compel the department to operate or 2253 maintain the authority’s system. 2254 (3) Each authority shall fix, alter, charge, establish, and 2255 collect tolls, rates, fees, rentals, and other charges for the 2256 authority’s facilities, as otherwise provided in this chapter. 2257 345.0008 Department contributions to authority projects.— 2258 (1) The department may, at the request of an authority, 2259 provide for or contribute to the payment of costs of financial 2260 or engineering and traffic feasibility studies and the design, 2261 financing, acquisition, or construction of an authority project 2262 or system, subject to appropriation by the Legislature. 2263 (2) The department may use its engineering and other 2264 personnel, including consulting engineers and traffic engineers, 2265 to conduct feasibility studies pursuant to subsection (1). 2266 (3) An obligation or expense incurred by the department 2267 under this section is a part of the cost of the authority 2268 project for which the obligation or expense was incurred. The 2269 department may require money contributed by the department under 2270 this section to be repaid from tolls of the project on which the 2271 money was spent, other revenue of the authority, or other 2272 sources of funds. 2273 (4) The department shall receive from an authority a share 2274 of the authority’s net revenues equal to the ratio of the 2275 department’s total contributions to the authority under this 2276 section to the sum of: the department’s total contributions 2277 under this section; contributions by any local government to the 2278 cost of revenue producing authority projects; and the sale 2279 proceeds of authority bonds after payment of costs of issuance. 2280 For the purpose of this subsection, net revenues are gross 2281 revenues of an authority after payment of debt service, 2282 administrative expenses, operations and maintenance expenses, 2283 and all reserves required to be established under any resolution 2284 under which authority bonds are issued. 2285 345.0009 Acquisition of lands and property.— 2286 (1) For the purposes of this chapter, an authority may 2287 acquire private or public property and property rights, 2288 including rights of access, air, view, and light, by gift, 2289 devise, purchase, condemnation by eminent domain proceedings, or 2290 transfer from another political subdivision of the state, as the 2291 authority may deem necessary for any of the purposes of this 2292 chapter, including, but not limited to, any lands reasonably 2293 necessary for securing applicable permits, areas necessary for 2294 management of access, borrow pits, drainage ditches, water 2295 retention areas, rest areas, replacement access for landowners 2296 whose access is impaired due to the construction of a facility, 2297 and replacement rights-of-way for relocated rail and utility 2298 facilities; for existing, proposed, or anticipated 2299 transportation facilities on the system or in a transportation 2300 corridor designated by the authority; or for the purposes of 2301 screening, relocation, removal, or disposal of junkyards and 2302 scrap metal processing facilities. Each authority shall also 2303 have the power to condemn any material and property necessary 2304 for such purposes. 2305 (2) An authority shall exercise the right of eminent domain 2306 conferred under this section in the manner provided by law. 2307 (3) If an authority acquires property for a transportation 2308 facility or in a transportation corridor, it is not subject to 2309 any liability imposed by chapter 376 or chapter 403 for 2310 preexisting soil or groundwater contamination due solely to its 2311 ownership. This section does not affect the rights or 2312 liabilities of any past or future owners of the acquired 2313 property or affect the liability of any governmental entity for 2314 the results of its actions which create or exacerbate a 2315 pollution source. An authority and the Department of 2316 Environmental Protection may enter into interagency agreements 2317 for the performance, funding, and reimbursement of the 2318 investigative and remedial acts necessary for property acquired 2319 by the authority. 2320 345.0010 Cooperation with other units, boards, agencies, 2321 and individuals.—A county, municipality, drainage district, road 2322 and bridge district, school district, or any other political 2323 subdivision, board, commission, or individual in, or of, the 2324 state may make and enter into a contract, lease, conveyance, 2325 partnership, or other agreement with an authority within the 2326 provisions and purposes of this chapter. Each authority may make 2327 and enter into contracts, leases, conveyances, partnerships, and 2328 other agreements with any political subdivision, agency, or 2329 instrumentality of the state and any federal agency, 2330 corporation, and individual, to carry out the purposes of this 2331 chapter. 2332 345.0011 Covenant of the state.—The state pledges to, and 2333 agrees with, any person, firm, or corporation, or federal or 2334 state agency subscribing to, or acquiring the bonds to be issued 2335 by an authority for the purposes of this chapter that the state 2336 will not limit or alter the rights vested by this chapter in the 2337 authority and the department until all bonds at any time issued, 2338 together with the interest thereon, are fully paid and 2339 discharged insofar as the payment and discharge affect the 2340 rights of the holders of bonds issued pursuant to this chapter. 2341 The state further pledges to, and agrees with, the United States 2342 that if a federal agency constructs or contributes any funds for 2343 the completion, extension, or improvement of the system, or any 2344 parts of the system, the state will not alter or limit the 2345 rights and powers of the authority and the department in any 2346 manner that is inconsistent with the continued maintenance and 2347 operation of the system or the completion, extension, or 2348 improvement of the system, or which would be inconsistent with 2349 the due performance of any agreements between the authority and 2350 any such federal agency, and the authority and the department 2351 shall continue to have and may exercise all powers granted in 2352 this section, so long as the powers are necessary or desirable 2353 to carry out the purposes of this chapter and the purposes of 2354 the United States in the completion, extension, or improvement 2355 of the system, or any part of the system. 2356 345.0012 Exemption from taxation.—The authority created 2357 under this chapter is for the benefit of the people of the 2358 state, for the increase of their commerce and prosperity, and 2359 for the improvement of their health and living conditions, and 2360 because the authority will be performing essential governmental 2361 functions pursuant to this chapter, the authority is not 2362 required to pay any taxes or assessments of any kind or nature 2363 whatsoever upon any property acquired or used by it for such 2364 purposes, or upon any rates, fees, rentals, receipts, income, or 2365 charges received by it, and the bonds issued by the authority, 2366 their transfer and the income from their issuance, including any 2367 profits made on the sale of the bonds, shall be free from 2368 taxation by the state or by any political subdivision, taxing 2369 agency, or instrumentality of the state. The exemption granted 2370 by this section does not apply to any tax imposed by chapter 220 2371 on interest, income, or profits on debt obligations owned by 2372 corporations. 2373 345.0013 Eligibility for investments and security.—Any 2374 bonds or other obligations issued pursuant to this chapter are 2375 legal investments for banks, savings banks, trustees, executors, 2376 administrators, and all other fiduciaries, and for all state, 2377 municipal, and other public funds and are also securities 2378 eligible for deposit as security for all state, municipal, or 2379 other public funds, notwithstanding the provisions of any other 2380 law to the contrary. 2381 345.0014 Applicability.— 2382 (1) The powers conferred by this chapter are in addition to 2383 the powers conferred by other law and do not repeal the 2384 provisions of any other general or special law or local 2385 ordinance, but supplement such other laws in the exercise of the 2386 powers provided in this chapter, and provide a complete method 2387 for the exercise of the powers granted in this chapter. The 2388 extension and improvement of a system, and the issuance of bonds 2389 pursuant to this chapter to finance all or part of the cost 2390 thereof, may be accomplished upon compliance with the provisions 2391 of this chapter without regard to or necessity for compliance 2392 with the provisions, limitations, or restrictions contained in 2393 any other general, special, or local law, including, but not 2394 limited to, s. 215.821, and approval of any bonds issued under 2395 this act by the qualified electors or qualified electors who are 2396 freeholders in the state or in any political subdivision of the 2397 state is not required for the issuance of such bonds pursuant to 2398 this chapter. 2399 (2) This act does not repeal, rescind, or modify any other 2400 law or laws relating to the State Board of Administration, the 2401 Department of Transportation, or the Division of Bond Finance of 2402 the State Board of Administration, but supersedes any other law 2403 that is inconsistent with the provisions of this chapter, 2404 including, but not limited to, s. 215.821. 2405 345.0015 Northwest Florida Regional Tollway Authority.— 2406 (1) There is hereby created and established a body politic 2407 and corporate, an agency of the state, to be known as the 2408 Northwest Florida Regional Tollway Authority, hereinafter 2409 referred to as the “authority.” 2410 (2) The area served by the authority shall be Escambia and 2411 Santa Rosa Counties. 2412 (3) The purposes and powers of the authority are as 2413 identified in the Florida Regional Tollway Authority Act for the 2414 area served by the authority, and the authority operates in the 2415 manner provided by the Florida Regional Tollway Authority Act. 2416 345.0016 Okaloosa-Bay Regional Tollway Authority.— 2417 (1) There is hereby created and established a body politic 2418 and corporate, an agency of the state, to be known as the 2419 Okaloosa-Bay Regional Tollway Authority, hereinafter referred to 2420 as the “authority.” 2421 (2) The area served by the authority shall be Okaloosa, 2422 Walton, and Bay Counties. 2423 (3) The purposes and powers of the authority are as 2424 identified in the Florida Regional Tollway Authority Act for the 2425 area served by the authority, and the authority operates in the 2426 manner provided by the Florida Regional Tollway Authority Act. 2427 345.0017 Suncoast Regional Tollway Authority.— 2428 (1) There is hereby created and established a body politic 2429 and corporate, an agency of the state, to be known as the 2430 Suncoast Regional Tollway Authority, hereinafter referred to as 2431 the “authority.” 2432 (2) The area served by the authority shall be Citrus, Levy, 2433 Marion, and Alachua Counties. 2434 (3) The purposes and powers of the authority are as 2435 identified in the Florida Regional Tollway Authority Act for the 2436 area served by the authority, and the authority operates in the 2437 manner provided by the Florida Regional Tollway Authority Act. 2438 Section 27. Transfer to the Okaloosa-Bay Regional Tollway 2439 Authority.—The governance and control of the Mid-Bay Bridge 2440 Authority System, created pursuant to chapter 2000-411, Laws of 2441 Florida, is transferred to the Okaloosa-Bay Regional Tollway 2442 Authority. 2443 (1) The assets, facilities, tangible and intangible 2444 property and any rights in such property, and any other legal 2445 rights of the bridge authority, including the bridge system 2446 operated by the authority, are transferred to the regional 2447 tollway authority. All powers of the bridge authority shall 2448 succeed to the regional tollway authority, and the operations 2449 and maintenance of the bridge system shall be under the control 2450 of the regional tollway authority, pursuant to this section. 2451 Revenues collected on the bridge system may be considered 2452 regional tollway authority revenues, and the Mid-Bay Bridge may 2453 be considered part of the regional tollway authority system, if 2454 bonds of the bridge authority are not outstanding. The regional 2455 tollway authority also assumes all liability for bonds of the 2456 bridge authority pursuant to the provisions of subsection (2). 2457 The regional tollway authority may review other contracts, 2458 financial obligations, and contractual obligations and 2459 liabilities of the bridge authority and may assume legal 2460 liability for the obligations that are determined to be 2461 necessary for the continued operation of the bridge system. 2462 (2) The transfer pursuant to this section is subject to the 2463 terms and covenants provided for the protection of the holders 2464 of the Mid-Bay Bridge Authority bonds in the lease-purchase 2465 agreement and the resolutions adopted in connection with the 2466 issuance of the bonds. Further, the transfer does not impair the 2467 terms of the contract between the bridge authority and the 2468 bondholders, does not act to the detriment of the bondholders, 2469 and does not diminish the security for the bonds. After the 2470 transfer, until the bonds of the bridge authority are fully 2471 defeased or paid in full, the department shall operate and 2472 maintain the bridge system and any other facilities of the 2473 authority in accordance with the terms, conditions, and 2474 covenants contained in the bond resolutions and lease-purchase 2475 agreement securing the bonds of the bridge authority. The 2476 Department of Transportation, as the agent of the regional 2477 tollway authority, shall collect toll revenues and apply them to 2478 the payment of debt service as provided in the bond resolution 2479 securing the bonds. The regional tollway authority shall 2480 expressly assume all obligations relating to the bonds to ensure 2481 that the transfer will have no adverse impact on the security 2482 for the bonds of the bridge authority. The transfer does not 2483 make the obligation to pay the principal and interest on the 2484 bonds a general liability of the regional tollway authority or 2485 pledge the regional tollway authority system revenues to payment 2486 of the bridge authority bonds. Revenues that are generated by 2487 the bridge system and other facilities of the bridge authority 2488 and that were pledged by the bridge authority to the payment of 2489 the bonds remain subject to the pledge for the benefit of the 2490 bondholders. The transfer does not modify or eliminate any prior 2491 obligation of the Department of Transportation to pay certain 2492 costs of the bridge system from sources other than revenues of 2493 the bridge system. With regard to the bridge authority’s current 2494 long-term debt of $16.1 million due to the department as of June 2495 30, 2011, and to the extent permitted by the bond resolutions 2496 and lease-purchase agreement securing the bonds, the regional 2497 tollway authority shall make payment annually to the State 2498 Transportation Trust Fund, for the purpose of repaying the 2499 bridge authority’s long-term debt due to the department, from 2500 any bridge system revenues obtained under this section which 2501 remain after the payment of the costs of operations, 2502 maintenance, renewal, and replacement of the bridge system; the 2503 payment of current debt service; and other payments required in 2504 relation to the bonds. The regional tollway authority shall make 2505 the annual payments, not to exceed $1 million per year, to the 2506 State Transportation Trust Fund until all remaining authority 2507 long-term debt due to the department has been repaid. 2508 (3) Any remaining toll revenue from the facilities of the 2509 Mid-Bay Bridge Authority collected by the Okaloosa-Bay Regional 2510 Tollway Authority after meeting the requirements of subsections 2511 (1) and (2) shall be used for the construction, maintenance, or 2512 improvement of any toll facility of the Okaloosa-Bay Regional 2513 Tollway Authority within the county or counties in which the 2514 revenue was collected. 2515 Section 28. Except as otherwise expressly provided in this 2516 act, this act shall take effect upon becoming a law.