Bill Text: FL S1132 | 2013 | Regular Session | Comm Sub
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-Comm_Sub.html
Florida Senate - 2013 CS for CS for SB 1132 By the Committees on Appropriations; and Community Affairs; and Senator Brandes 576-04936A-13 20131132c2 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 repealing s. 11.45(3)(m), F.S., relating to the 4 authority of the Auditor General to conduct audits of 5 transportation corporations under the Florida 6 Transportation Corporation Act; amending s. 20.23, 7 F.S.; requiring the Transportation Commission to also 8 monitor authorities created under ch. 345, F.S., 9 relating to the Florida Regional Transportation 10 Finance Authority Act; amending s. 110.205, F.S.; 11 changing a title to the State Freight and Logistics 12 Administrator from the State Public Transportation and 13 Modal Administrator, which is an exempt position not 14 covered under career service; amending s. 311.22, 15 F.S.; establishing the Department of Transportation as 16 the agency responsible for administering the section, 17 instead of the Florida Seaport Transportation and 18 Economic Development Council; providing for the future 19 repeal of the section; amending s. 316.515, F.S.; 20 providing that a straight truck may attach a forklift 21 to the rear of the cargo bed if it does not exceed a 22 specified length; repealing s. 316.530(3), F.S., 23 relating to load limits for certain towed vehicles; 24 amending s. 316.545, F.S.; increasing the weight 25 amount used for penalty calculations; conforming 26 terminology; amending s. 331.360, F.S.; reordering 27 provisions; providing for a spaceport system plan; 28 providing funding for space transportation projects 29 from the State Transportation Trust Fund; requiring 30 Space Florida to provide the Department of 31 Transportation with specific project information and 32 to demonstrate transportation and aerospace benefits; 33 specifying the information to be provided; providing 34 funding criteria; amending s. 332.007, F.S.; 35 authorizing the Department of Transportation to fund 36 strategic airport investments; providing criteria; 37 amending s. 334.044, F.S.; prohibiting the department 38 from entering into a lease-purchase agreement with 39 certain transportation authorities after a specified 40 time; providing an exception from the requirement to 41 purchase all plant materials from Florida commercial 42 nursery stock when prohibited by applicable federal 43 law or regulation; amending s. 335.0415, F.S.; 44 creating a pilot program in the City of Miami to 45 transfer department responsibilities for public road 46 maintenance to the city; requiring the department to 47 enter into an interlocal agreement with the City of 48 Miami; specifying requirements of the interlocal 49 agreement; requiring the Florida Transportation 50 Commission to conduct a study at the conclusion of the 51 pilot program and provide the study to the Governor 52 and the Legislature; requiring the department to pay 53 the expenses of the study’s experts; amending s. 54 335.06, F.S.; revising the responsibilities of the 55 Department of Transportation, a county, or a 56 municipality to improve or maintain a road that 57 provides access to property within the state park 58 system; creating s. 336.71, F.S.; authorizing counties 59 to enter into public-private partnership agreements 60 for construction of transportation facilities; 61 providing requirements and limitations for such 62 agreements; providing procurement procedures; 63 providing for applicability; amending s. 337.11, F.S.; 64 removing the requirement that a contractor provide a 65 notarized affidavit as proof of registration; amending 66 s. 337.14, F.S.; revising the criteria for bidding 67 certain construction contracts to require a proposed 68 budget estimate if a contract is more than a specified 69 amount; amending s. 337.168, F.S.; providing that a 70 document that reveals the identity of a person who has 71 requested or received certain information before a 72 certain time is a public record; amending s. 337.25, 73 F.S.; authorizing the Department of Transportation to 74 use auction services in the conveyance of certain 75 property or leasehold interests; revising certain 76 inventory requirements; revising provisions and 77 providing criteria for the department to dispose of 78 certain excess property; providing such criteria for 79 the disposition of donated property, property used for 80 a public purpose, or property acquired to provide 81 replacement housing for certain displaced persons; 82 providing value offsets for property that requires 83 significant maintenance costs or exposes the 84 department to significant liability; providing 85 procedures for the sale of property to abutting 86 property owners; deleting provisions to conform to 87 changes made by the act; providing monetary 88 restrictions and criteria for the conveyance of 89 certain leasehold interests; providing exceptions to 90 restrictions for leases entered into for a public 91 purpose; providing criteria for the preparation of 92 estimates of value prepared by the department; 93 providing that the requirements of s. 73.013, F.S., 94 relating to eminent domain, are not modified; amending 95 s. 337.251, F.S.; revising criteria for leasing 96 particular department property; increasing the time 97 the department must accept proposals for lease after a 98 notice is published; authorizing the department to 99 establish an application fee by rule; providing 100 criteria for the fee; providing criteria that the 101 lease must meet; amending s. 338.161, F.S.; 102 authorizing the department to enter into agreements 103 with owners of public or private transportation 104 facilities under which the department uses its 105 electronic toll collection and video billing systems 106 to collect for the owner certain charges for use of 107 the owners’ transportation facilities; amending s. 108 338.165, F.S.; removing the Beeline-East Expressway 109 and the Navarre Bridge from the list of facilities 110 that have toll revenues to secure their bonds; 111 amending s. 338.26, F.S.; revising the uses of fees 112 that are generated from tolls to include the design 113 and construction of a fire station that may be used by 114 certain local governments in accordance with a 115 specified memorandum; removing authority of a district 116 to issue bonds or notes; amending s. 339.175, F.S.; 117 revising the criteria that qualify a local government 118 for participation in a metropolitan planning 119 organization; revising the criteria to determine 120 voting membership of a metropolitan planning 121 organization; providing that each metropolitan 122 planning organization shall review its membership and 123 reapportion it as necessary; providing criteria; 124 relocating the requirement that the Governor review 125 and apportion the voting membership among the various 126 governmental entities within the metropolitan planning 127 area; amending s. 339.2821, F.S.; authorizing 128 Enterprise Florida, Inc., to be a consultant to the 129 Department of Transportation for consideration of 130 expenditures associated with and contracts for 131 transportation projects; revising the requirements for 132 economic development transportation project contracts 133 between the department and a governmental entity; 134 repealing the Florida Transportation Corporation Act; 135 repealing s. 339.401, F.S., relating to the short 136 title; repealing s. 339.402, F.S., relating to 137 definitions; repealing s. 339.403, F.S., relating to 138 legislative findings and purpose; repealing s. 139 339.404, F.S., relating to authorization of 140 corporations; repealing s. 339.405, F.S., relating to 141 type and structure of the corporation and income; 142 repealing s. 339.406, F.S., relating to contracts 143 between the department and the corporation; repealing 144 s. 339.407, F.S., relating to articles of 145 incorporation; repealing s. 339.408, F.S., relating to 146 the board of directors and advisory directors; 147 repealing s. 339.409, F.S., relating to bylaws; 148 repealing s. 339.410, F.S., relating to notice of 149 meetings and open records; repealing s. 339.411, F.S., 150 relating to the amendment of articles; repealing s. 151 339.412, F.S., relating to the powers of the 152 corporation; repealing s. 339.414, F.S., relating to 153 use of state property; repealing s. 339.415, F.S., 154 relating to exemptions from taxation; repealing s. 155 339.416, F.S., relating to the authority to alter or 156 dissolve corporations; repealing s. 339.417, F.S., 157 relating to the dissolution of a corporation upon the 158 completion of purposes; repealing s. 339.418, F.S., 159 relating to transfer of funds and property upon 160 dissolution; repealing s. 339.419, F.S., relating to 161 department rules; repealing s. 339.420, F.S., relating 162 to construction; repealing s. 339.421, F.S., relating 163 to issuance of debt; amending s. 339.55, F.S.; adding 164 spaceports to the list of facility types for which the 165 state-funded infrastructure bank may lend capital 166 costs or provide credit enhancements; amending s. 167 341.031, F.S.; revising the definition of the term 168 “intercity bus service”; amending s. 341.053, F.S.; 169 revising the types of eligible projects and criteria 170 of the intermodal development program; amending s. 171 343.80, F.S.; renaming the Northwest Florida 172 Transportation Corridor Authority Law as the Northwest 173 Florida Regional Transportation Finance Authority Law; 174 amending s. 343.805, F.S., defining “Northwest Florida 175 Regional Transportation Finance Authority System” or 176 “system”; deleting definitions of “U.S. 98 corridor” 177 and “U.S. 98 corridor system”; amending s. 343.81, 178 F.S.; renaming the Northwest Florida Transportation 179 Corridor Authority as the Northwest Florida Regional 180 Transportation Finance Authority; revising the 181 composition of the governing board of the authority 182 from eight to five voting members, two from Okaloosa 183 County and one each from Walton, Bay, and Gulf 184 Counties; removing from the governing body of the 185 authority voting members from Escambia, Santa Rosa, 186 Franklin, and Wakulla Counties; revising quorum 187 requirements and the number of votes necessary for any 188 action by the authority; removing the authority’s 189 authorization to establish a technical advisory 190 committee and related provisions; amending s. 343.82, 191 F.S.; authorizing the authority to acquire, hold, 192 construct, improve, maintain, operate, own, and lease 193 the Northwest Florida Regional Transportation Finance 194 Authority System; removing references to intended 195 improvement of mobility along the U.S. 98 corridor and 196 to the Santa Rosa Sound; removing direction to the 197 authority to adopt a corridor master plan, to annually 198 update and present the plan, to undertake projects or 199 other improvements in the plan, and to request certain 200 funding and technical assistance; conforming 201 terminology; removing a prohibition against the 202 authority imposing tolls or other charges; providing 203 the authority may dispose of property which the 204 authority and the Department of Transportation have 205 determined is not needed for the system; removing the 206 authority’s authorization to enter into lease-purchase 207 agreements with the department; removing the 208 authority’s power to borrow money from any federal 209 agency, the state, any agency of the state, or any 210 other public body of the state; amending s. 343.83, 211 F.S.; conforming terminology; amending s. 343.835, 212 F.S.; making conforming changes; replacing a reference 213 to facilities “constructed” by the authority to 214 facilities “owned or provided”; amending s. 343.84, 215 F.S.; providing that the department is the agent of 216 the authority for the purpose of constructing, 217 operating, and maintaining system facilities; 218 providing for alternative appointment of a specified 219 local agency as construction agent with the consent 220 and approval of the department; providing for 221 reimbursement from revenues of the system of costs 222 incurred by the department to operate and maintain the 223 system; providing that the department has no 224 independent obligation to operate and maintain the 225 system; providing the authority remains obligated as 226 to operate and maintain its system; directing the 227 authority to establish and collect tolls and other 228 charges for the authority’s facilities; amending s. 229 343.85, F.S.; conforming terminology; repealing s. 230 343.875, F.S., removing the authority’s authorization 231 to enter into public-private partnership agreements; 232 removing project criteria; removing department 233 authorization to use state resources to participate in 234 projects; removing authorization to request proposals 235 and to receive unsolicited proposals, removing related 236 notice provisions, and removing procedural provisions 237 related to consideration of such proposals; removing 238 authorization for the public-private entity to impose 239 tolls or fares, to exercise its powers, including 240 eminent domain, and to adopt rules; amending s. 241 343.89, F.S.; conforming terminology; amending s. 242 343.922, F.S.; removing a reference to advances from 243 the Toll Facilities Revolving Trust Fund as a source 244 of funding for certain projects by an authority; 245 creating ch. 345, F.S., relating to the Florida 246 Regional Transportation Finance Authority; creating s. 247 345.0001, F.S.; providing a short title; creating s. 248 345.0002, F.S.; providing definitions; creating s. 249 345.0003, F.S.; authorizing counties to form a 250 regional transportation finance authority that can 251 construct, maintain, or operate transportation 252 projects in a region of the state; providing for 253 governance of the authority; creating s. 345.0004, 254 F.S.; providing for the powers and duties of a 255 regional transportation finance authority; limiting an 256 authority’s power with respect to an existing system; 257 prohibiting an authority from pledging the credit or 258 taxing power of the state or any political subdivision 259 or agency of the state; requiring that an authority 260 comply with certain reporting and documentation 261 requirements; creating s. 345.0005, F.S.; allowing 262 bonds to be issues on behalf of an authority pursuant 263 to the State Bond Act; authorizing an authority to 264 issue bonds for certain purposes; providing that the 265 issued bonds must meet certain requirements; requiring 266 that the bonds be sold at a public sale; authorizing 267 the issuing of temporary bonds or interim 268 certificates; providing that the resolution that 269 authorizes the issuance of bonds may contain specified 270 provisions; authorizing an authority to enter into 271 deeds of trust, indentures, or other agreements with a 272 bank or trust company as security for issued bonds; 273 providing that the issued bonds are negotiable 274 instruments; providing that a resolution authorizing 275 the issuance of bonds and pledging of revenues of the 276 system must require that revenues be deposited to pay 277 operating and maintenance costs of the system and to 278 reimburse the department for certain costs; 279 prohibiting the use or pledge of state funds to pay 280 principal or interest of an authority’s bonds and 281 requiring bonds to contain a statement to this effect; 282 creating s. 345.0006, F.S.; providing for the rights 283 and remedies granted to certain bondholders; providing 284 the actions a trustee may take on behalf of the 285 bondholders; providing for the appointment of a 286 receiver; providing for the authority of the receiver; 287 providing limitations to the receiver’s authority; 288 creating s. 345.0007, F.S.; providing that the 289 Department of Transportation is the agent of each 290 authority for specified purposes; providing for the 291 administration and management of projects by the 292 department; providing limits on the department as an 293 agent; providing for the fiscal responsibilities of 294 the authority; creating s. 345.0008, F.S.; authorizing 295 the department to provide for or commit its resources 296 for an authority project or system, included in the 297 10-year Strategic Intermodal Plan, if included in a 298 specific plan and approved by the Legislature; 299 providing for feasibility studies; requiring certain 300 criteria to be met before department approval; 301 providing for payment of expenses incurred by the 302 department on behalf of an authority; requiring the 303 department to receive a share of the revenue from the 304 authority; providing calculations for disbursement of 305 revenues; creating s. 345.0009, F.S.; authorizing the 306 authority to acquire private or public property and 307 property rights for a project or plan; authorizing the 308 authority to exercise the right of eminent domain; 309 providing for the rights and liabilities and remedial 310 actions relating to property acquired for a 311 transportation project or corridor; creating s. 312 345.0010, F.S.; providing for contracts between 313 governmental entities and an authority; creating s. 314 345.0011, F.S.; providing that the state will not 315 limit or alter the vested rights of a bondholder with 316 regard to any issued bonds or rights relating to the 317 bonds under certain conditions; creating s. 345.0012, 318 F.S.; relieving the authority from the obligation of 319 paying certain taxes or assessments for property 320 acquired or used for certain public purposes or for 321 revenues received relating to the issuance of bonds; 322 providing exceptions; creating s. 345.0013, F.S.; 323 providing that the bonds or obligations issued are 324 legal investments of specified entities; creating s. 325 345.0014, F.S.; providing applicability; creating s. 326 345.0015, F.S.; creating the Santa Rosa-Escambia 327 Regional Transportation Finance Authority; creating s. 328 345.0016, F.S.; creating the Suncoast Regional 329 Transportation Finance Authority; providing for the 330 transfer of the governance and control of the Mid-Bay 331 Bridge Authority System to the Northwest Florida 332 Regional Transportation Finance Authority; providing 333 for the disposition of bonds, the protection of the 334 bondholders, the effect on the rights and obligations 335 under a contract or the bonds, and the revenues 336 associated with the bonds; amending ss. 348.751 and 337 348.752, F.S.; renaming the Orlando-Orange County 338 Expressway System as the “Central Florida Expressway 339 System”; revising definitions; making technical 340 changes; amending s. 348.753, F.S.; creating the 341 Central Florida Expressway Authority; providing for 342 the transfer of governance and control, legal rights 343 and powers, responsibilities, terms, and obligations 344 to the authority; providing conditions for the 345 transfer; revising the composition of the governing 346 body of the authority; providing for appointment of 347 officers of the authority; revising quorum and voting 348 requirements; conforming terminology and making 349 technical changes; amending s. 348.754, F.S.; 350 providing that the area served by the authority is 351 within the geopolitical boundaries of Orange, 352 Seminole, Lake, and Osceola Counties; requiring the 353 authority to have prior consent from the Secretary of 354 the Department of Transportation to construct an 355 extension, addition, or improvement to the expressway 356 system in Lake County; extending, to 99 years from 40 357 years, the term of a lease agreement; limiting the 358 authority’s authority to enter into a lease-purchase 359 agreement; limiting the use of certain toll-revenues; 360 providing exceptions; removing the requirement that 361 the route of a project must be approved by a 362 municipality before the right-of-way can be acquired; 363 requiring that the authority encourage the inclusion 364 of local-, small-, minority-, and women-owned 365 businesses in its procurement and contracting 366 opportunities; removing the authority and criteria for 367 an authority to waive payment and performance bonds 368 for certain public works projects that are awarded 369 pursuant to an economic development program; 370 conforming terminology and making technical changes; 371 amending ss. 348.7543, 348.7544, 348.7545, 348.7546, 372 348.7547, 348.755, and 348.756, F.S.; conforming 373 terminology and making technical changes; amending s. 374 348.757, F.S.; providing that upon termination of the 375 lease-purchase agreement of the former Orlando-Orange 376 County Expressway System, title in fee simple to the 377 system will be retained by the authority; conforming 378 terminology and making technical changes; amending ss. 379 348.758, 348.759, 348.760, 348.761, 348.765, and 380 369.317, F.S.; conforming terminology and making 381 technical changes; amending s. 369.324, F.S.; revising 382 the membership of the Wekiva River Basin Commission; 383 conforming terminology; providing criteria for the 384 transfer of the Osceola County Expressway System to 385 the Central Florida Expressway Authority; providing 386 for the repeal of part V of ch. 348, F.S., when the 387 Osceola County Expressway System is transferred to the 388 Central Florida Expressway Authority; requiring the 389 Central Florida Expressway Authority to reimburse 390 other governmental entities for obligations related to 391 the Osceola County Expressway System; providing for 392 reimbursement after payment of other obligations; 393 amending s. 373.4137, F.S.; providing legislative 394 intent that mitigation be implemented in a manner that 395 promotes efficiency, timeliness, and cost 396 effectiveness in project delivery; revising the 397 criteria of the environmental impact inventory; 398 revising the criteria for mitigation of projected 399 impacts identified in the environmental impact 400 inventory; requiring the Department of Transportation 401 to include funding for environmental mitigation for 402 its projects in its work program; revising the process 403 and criteria for the payment by the department or 404 participating transportation authorities of mitigation 405 implemented by water management districts or the 406 Department of Environmental Protection; revising the 407 requirements for the payment to a water management 408 district or the Department of Environmental Protection 409 of the costs of mitigation planning and implementation 410 of the mitigation required by a permit; revising the 411 payment criteria for preparing and implementing 412 mitigation plans adopted by water management districts 413 for transportation impacts based on the environmental 414 impact inventory; adding federal requirements for the 415 development of a mitigation plan; providing for 416 transportation projects in the environmental 417 mitigation plan for which mitigation has not been 418 specified; revising a water management district’s 419 responsibilities relating to a mitigation plan; 420 amending s. 373.618, F.S.; revising the outdoor 421 advertisement exemption criteria for a public 422 information system; amending s. 341.052, F.S.; 423 prohibiting an eligible public transit provider from 424 using public transit block grant funds to pursue or 425 promote the levying of new or additional taxes through 426 public referenda; requiring the amount of the 427 provider’s grant to be reduced by any amount so spent; 428 defining the term “public funds” for purposes of the 429 prohibition; providing an exception; requiring the 430 Florida Transportation Commission to study the 431 potential for state revenue from parking meters and 432 other parking time-limit devices; authorizing the 433 commission to retain experts; requiring the department 434 to pay for the experts; requiring certain information 435 from municipalities and counties; requiring certain 436 information to be considered in the study; requiring a 437 written report; providing for a moratorium on new 438 parking meters or other parking time-limit devices on 439 the state right-of-way; prohibiting the sale of unsafe 440 used tires by used tire retailers under certain 441 circumstances; providing an exception; providing what 442 constitutes an unsafe used tire; providing that a 443 person who violates this section commits an unfair and 444 deceptive trade practice; providing effective dates. 445 446 Be It Enacted by the Legislature of the State of Florida: 447 448 Section 1. Paragraph (m) of subsection (3) of section 449 11.45, Florida Statutes, is repealed. 450 Section 2. Paragraph (b) of subsection (2) and subsection 451 (3) of section 20.23, Florida Statutes, are amended, and present 452 subsections (4) through (7) of that subsection are renumbered as 453 subsections (3) through (6), to read: 454 20.23 Department of Transportation.—There is created a 455 Department of Transportation which shall be a decentralized 456 agency. 457 (2) 458 (b) The commission shallhave the primary functions to: 459 1. Recommend major transportation policies for the 460 Governor’s approval, and assure that approved policies and any 461 revisionstheretoare properly executed. 462 2. Periodically review the status of the state 463 transportation system including highway, transit, rail, seaport, 464 intermodal development, and aviation components of the system 465 and recommend improvements therein to the Governor and the 466 Legislature. 467 3. Perform an in-depth evaluation of the annual department 468 budget request, the Florida Transportation Plan, and the 469 tentative work program for compliance with all applicable laws 470 and established departmental policies. Except as specifically 471 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 472 not consider individual construction projects, but shall 473 consider methods of accomplishing the goals of the department in 474 the most effective, efficient, and businesslike manner. 475 4. Monitor the financial status of the department on a 476 regular basis to assure that the department is managing revenue 477 and bond proceeds responsibly and in accordance with law and 478 established policy. 479 5. Monitor on at least a quarterly basis, the efficiency, 480 productivity, and management of the department, using 481 performance and production standards developed by the commission 482 pursuant to s. 334.045. 483 6. Perform an in-depth evaluation of the factors causing 484 disruption of project schedules in the adopted work program and 485 recommend to the Legislature and the Governor methods to 486 eliminate or reduce the disruptive effects of these factors. 487 7. Recommend to the Governor and the Legislature 488 improvements to the department’s organization in order to 489 streamline and optimize the efficiency of the department. In 490 reviewing the department’s organization, the commission shall 491 determine if the current district organizational structure is 492 responsive to Florida’s changing economic and demographic 493 development patterns. The initial report by the commission must 494 be delivered to the Governor and Legislature by December 15, 495 2000, and each year thereafter, as appropriate. The commission 496 may retainsuchexperts thatasare reasonably necessary to 497 effectuate this subparagraph, and the department shall pay the 498 expenses of thesuchexperts. 499 8. Monitor the efficiency, productivity, and management of 500 the authorities created under chapters 345, 348, and 349, 501 including any authority formed using the provisions of part I of 502 chapter 348, and any authority formed under chapter 343which is503not monitored under subsection (3). The commission shall also 504 conduct periodic reviews of each authority’s operations and 505 budget, acquisition of property, management of revenue and bond 506 proceeds, and compliance with applicable laws and generally 507 accepted accounting principles. 508(3) There is created the Florida Statewide Passenger Rail509Commission.510(a)1. The commission shall consist of nine voting members511appointed as follows:512a. Three members shall be appointed by the Governor, one of513whom must have a background in the area of environmental514concerns, one of whom must have a legislative background, and515one of whom must have a general business background.516b. Three members shall be appointed by the President of the517Senate, one of whom must have a background in civil engineering,518one of whom must have a background in transportation519construction, and one of whom must have a general business520background.521c. Three members shall be appointed by the Speaker of the522House of Representatives, one of whom must have a legal523background, one of whom must have a background in financial524matters, and one of whom must have a general business525background.5262. The initial term of each member appointed by the527Governor shall be for 4 years. The initial term of each member528appointed by the President of the Senate shall be for 3 years.529The initial term of each member appointed by the Speaker of the530House of Representatives shall be for 2 years. Succeeding terms531for all members shall be for 4 years.5323. A vacancy occurring during a term shall be filled by the533respective appointing authority in the same manner as the534original appointment and only for the balance of the unexpired535term. An appointment to fill a vacancy shall be made within 60536days after the occurrence of the vacancy.5374. The commission shall elect one of its members as chair538of the commission. The chair shall hold office at the will of539the commission. Five members of the commission shall constitute540a quorum, and the vote of five members shall be necessary for541any action taken by the commission. The commission may meet upon542the constitution of a quorum. A vacancy in the commission does543not impair the right of a quorum to exercise all rights and544perform all duties of the commission.5455. The members of the commission are not entitled to546compensation but are entitled to reimbursement for travel and547other necessary expenses as provided in s.112.061.548(b) The commission shall have the primary functions of:5491. Monitoring the efficiency, productivity, and management550of all publicly funded passenger rail systems in the state,551including, but not limited to, any authority created under552chapter 343, chapter 349, or chapter 163 if the authority553receives public funds for the provision of passenger rail554service. The commission shall advise each monitored authority of555its findings and recommendations. The commission shall also556conduct periodic reviews of each monitored authority’s passenger557rail and associated transit operations and budget, acquisition558of property, management of revenue and bond proceeds, and559compliance with applicable laws and generally accepted560accounting principles. The commission may seek the assistance of561the Auditor General in conducting such reviews and shall report562the findings of such reviews to the Legislature. This paragraph563does not preclude the Florida Transportation Commission from564conducting its performance and work program monitoring565responsibilities.5662. Advising the department on policies and strategies used567in planning, designing, building, operating, financing, and568maintaining a coordinated statewide system of passenger rail569services.5703. Evaluating passenger rail policies and providing advice571and recommendations to the Legislature on passenger rail572operations in the state.573(c) The commission or a member of the commission may not574enter into the day-to-day operation of the department or a575monitored authority and is specifically prohibited from taking576part in:5771. The awarding of contracts.5782. The selection of a consultant or contractor or the579prequalification of any individual consultant or contractor.580However, the commission may recommend to the secretary standards581and policies governing the procedure for selection and582prequalification of consultants and contractors.5833. The selection of a route for a specific project.5844. The specific location of a transportation facility.5855. The acquisition of rights-of-way.5866. The employment, promotion, demotion, suspension,587transfer, or discharge of any department personnel.5887. The granting, denial, suspension, or revocation of any589license or permit issued by the department.590(d) The commission is assigned to the Office of the591Secretary of the Department of Transportation for administrative592and fiscal accountability purposes, but it shall otherwise593function independently of the control and direction of the594department except that reasonable expenses of the commission595shall be subject to approval by the Secretary of Transportation.596The department shall provide administrative support and service597to the commission.598 Section 3. Paragraphs (j) and (m) of subsection (2) of 599 section 110.205, Florida Statutes, are amended to read: 600 110.205 Career service; exemptions.— 601 (2) EXEMPT POSITIONS.—The exempt positions that are not 602 covered by this part include the following: 603 (j) The appointed secretaries and the State Surgeon 604 General, assistant secretaries, deputy secretaries, and deputy 605 assistant secretaries of all departments; the executive 606 directors, assistant executive directors, deputy executive 607 directors, and deputy assistant executive directors of all 608 departments; the directors of all divisions and those positions 609 determined by the department to have managerial responsibilities 610 comparable to such positions, which positions include, but are 611 not limited to, program directors, assistant program directors, 612 district administrators, deputy district administrators, the 613 Director of Central Operations Services of the Department of 614 Children and Family Services, the State Transportation 615 Development Administrator, State Freight and LogisticsPublic616Transportation and ModalAdministrator, district secretaries, 617 district directors of transportation development, transportation 618 operations, transportation support, and the managers of the 619 offices specified in s. 20.23(3)(b)20.23(4)(b), of the 620 Department of Transportation. Unless otherwise fixed by law, the 621 department shall set the salary and benefits of these positions 622 in accordance with the rules of the Senior Management Service; 623 and the county health department directors and county health 624 department administrators of the Department of Health. 625 (m) All assistant division director, deputy division 626 director, and bureau chief positions in any department, and 627 those positions determined by the department to have managerial 628 responsibilities comparable to such positions, which include, 629 but are not limited to: 630 1. Positions in the Department of Health and the Department 631 of Children and Family Services that are assigned primary duties 632 of serving as the superintendent or assistant superintendent of 633 an institution. 634 2. Positions in the Department of Corrections that are 635 assigned primary duties of serving as the warden, assistant 636 warden, colonel, or major of an institution or that are assigned 637 primary duties of serving as the circuit administrator or deputy 638 circuit administrator. 639 3. Positions in the Department of Transportation that are 640 assigned primary duties of serving as regional toll managers and 641 managers of offices, as defined in s. 20.23(3)(b) and (4)(c) 64220.23(4)(b) and (5)(c). 643 4. Positions in the Department of Environmental Protection 644 that are assigned the duty of an Environmental Administrator or 645 program administrator. 646 5. Positions in the Department of Health that are assigned 647 the duties of Environmental Administrator, Assistant County 648 Health Department Director, and County Health Department 649 Financial Administrator. 650 651 Unless otherwise fixed by law, the department shall set the 652 salary and benefits of the positions listed in this paragraph in 653 accordance with the rules established for the Selected Exempt 654 Service. 655 Section 4. Section 311.22, Florida Statutes, is amended to 656 read: 657 311.22 Additional authorization for funding certain 658 dredging projects.— 659 (1) The Department of TransportationFlorida Seaport660Transportation and Economic Development Councilshall establish 661 a program to fund dredging projects in counties having a 662 population of fewer than 300,000 according to the last official 663 census. Funds made available under this program may be used to 664 fund approved projects for the dredging or deepening of 665 channels, turning basins, or harbors on a 25-percent local 666 matching basis with any port authority, as such term is defined 667 in s. 315.02(2), which complies with the permitting requirements 668 in part IV of chapter 373 and the local financial management and 669 reporting provisions of part III of chapter 218. 670 (2) The departmentcouncilshall adopt rules for evaluating 671 the projects that may be funded pursuant to this section. The 672 rules must provide criteria for evaluating the economic benefit 673 of the project. The rules must include the creation of an 674 administrative review process by the departmentcouncilwhich is 675 similar to the process described in s. 311.09(5)-(11), and 676 provide for a review by theDepartment of Transportation and the677 Department of Economic Opportunity of all projects submitted for 678 funding under this section. 679 (3) This section expires on July 1, 2018. 680 Section 5. Paragraph (a) of subsection (3) of section 681 316.515, Florida Statutes, is amended to read 682 316.515 Maximum width, height, length.— 683 (3) LENGTH LIMITATION.—Except as otherwise provided in this 684 section, length limitations apply solely to a semitrailer or 685 trailer, and not to a truck tractor or to the overall length of 686 a combination of vehicles. No combination of commercial motor 687 vehicles coupled together and operating on the public roads may 688 consist of more than one truck tractor and two trailing units. 689 Unless otherwise specifically provided for in this section, a 690 combination of vehicles not qualifying as commercial motor 691 vehicles may consist of no more than two units coupled together; 692 such nonqualifying combination of vehicles may not exceed a 693 total length of 65 feet, inclusive of the load carried thereon, 694 but exclusive of safety and energy conservation devices approved 695 by the department for use on vehicles using public roads. 696 Notwithstanding any other provision of this section, a truck 697 tractor-semitrailer combination engaged in the transportation of 698 automobiles or boats may transport motor vehicles or boats on 699 part of the power unit; and, except as may otherwise be mandated 700 under federal law, an automobile or boat transporter semitrailer 701 may not exceed 50 feet in length, exclusive of the load; 702 however, the load may extend up to an additional 6 feet beyond 703 the rear of the trailer. The 50-feet length limitation does not 704 apply to non-stinger-steered automobile or boat transporters 705 that are 65 feet or less in overall length, exclusive of the 706 load carried thereon, or to stinger-steered automobile or boat 707 transporters that are 75 feet or less in overall length, 708 exclusive of the load carried thereon. For purposes of this 709 subsection, a “stinger-steered automobile or boat transporter” 710 is an automobile or boat transporter configured as a semitrailer 711 combination wherein the fifth wheel is located on a drop frame 712 located behind and below the rearmost axle of the power unit. 713 Notwithstanding paragraphs (a) and (b), any straight truck or 714 truck tractor-semitrailer combination engaged in the 715 transportation of horticultural trees may allow the load to 716 extend up to an additional 10 feet beyond the rear of the 717 vehicle, provided said trees are resting against a retaining bar 718 mounted above the truck bed so that the root balls of the trees 719 rest on the floor and to the front of the truck bed and the tops 720 of the trees extend up over and to the rear of the truck bed, 721 and provided the overhanging portion of the load is covered with 722 protective fabric. 723 (a) Straight trucks.—A straight truck may not exceed a 724 length of 40 feet in extreme overall dimension, exclusive of 725 safety and energy conservation devices approved by the 726 department for use on vehicles using public roads. A straight 727 truck may attach a forklift to the rear of the cargo bed, 728 provided the overall combined length of the vehicle and the 729 forklift does not exceed 50 feet. A straight truck may tow no 730 more than one trailer, and the overall length of the truck 731 trailer combination may not exceed 68 feet, including the load 732 thereon. Notwithstanding any other provisions of this section, a 733 truck-trailer combination engaged in the transportation of 734 boats, or boat trailers whose design dictates a front-to-rear 735 stacking method may not exceed the length limitations of this 736 paragraph exclusive of the load; however, the load may extend up 737 to an additional 6 feet beyond the rear of the trailer. 738 Section 6. Subsection (3) of section 316.530, Florida 739 Statutes, is repealed. 740 Section 7. Subsection (3) of section 316.545, Florida 741 Statutes, is amended to read: 742 316.545 Weight and load unlawful; special fuel and motor 743 fuel tax enforcement; inspection; penalty; review.— 744 (3) Any person who violates the overloading provisions of 745 this chapter shall be conclusively presumed to have damaged the 746 highways of this state by reason of such overloading, which 747 damage is hereby fixed as follows: 748 (a) IfWhenthe excess weight is 200 pounds or less than 749 the maximumhereinprovided by this chapter, the penalty is 750shall be$10; 751 (b) Five cents per pound for each pound of weight in excess 752 of the maximumhereinprovided in this chapter ifwhenthe 753 excess weight exceeds 200 pounds. However, ifwheneverthe gross 754 weight of the vehicle or combination of vehicles does not exceed 755 the maximum allowable gross weight, the maximum fine for the 756 first 600 pounds of unlawful axle weight isshall be$10; 757 (c) For a vehicle equipped with fully functional idle 758 reduction technology, any penalty shall be calculated by 759 reducing the actual gross vehicle weight or the internal bridge 760 weight by the certified weight of the idle-reduction technology 761 or by 550400pounds, whichever is less. The vehicle operator 762 must present written certification of the weight of the idle 763 reduction technology and must demonstrate or certify that the 764 idle-reduction technology is fully functional at all times. This 765 calculation is not allowed for vehicles described in s. 766 316.535(6); 767 (d) An apportioned motor vehicle, as defined in s. 320.01, 768 operating on the highways of this state without being properly 769 licensed and registered shall be subject to the penalties as 770hereinprovided in this section; and 771 (e) Vehicles operating on the highways of this state from 772 nonmember International Registration Plan jurisdictions which 773 are not in compliance with the provisions of s. 316.605 shall be 774 subject to the penalties ashereinprovided in this section. 775 Section 8. Section 331.360, Florida Statutes, is reordered 776 and amended to read: 777 331.360Joint participation agreement or assistance;778 Spaceport systemmasterplan.— 779 (2)(1)It shall be the duty, function, and responsibility780ofThe department shallof Transportation topromote the further 781 development and improvement of aerospace transportation 782 facilities; to address intermodal requirements and impacts of 783 the launch ranges, spaceports, and other space transportation 784 facilities; to assist in the development of joint-use facilities 785 and technology that support aviation and aerospace operations; 786 to coordinate and cooperate in the development of spaceport 787 infrastructure and related transportation facilities contained 788 in the Strategic Intermodal System Plan; to encourage, where 789 appropriate, the cooperation and integration of airports and 790 spaceports in order to meet transportation-related needs; and to 791 facilitate and promote cooperative efforts between federal and 792 state government entities to improve space transportation 793 capacity and efficiency. In carrying out this duty and 794 responsibility, the department may assist and advise, cooperate 795 with, and coordinate with federal, state, local, or private 796 organizations and individuals. The department may 797 administratively house its space transportation responsibilities 798 within an existing division or office. 799 (3)(2)Notwithstanding any other provision of law, the 800 departmentof Transportationmay enter into ana joint801participationagreement with, or otherwise assist, Space Florida 802 as necessary to effectuate the provisions of this chapter and 803 may allocate funds for such purposes in its 5-year work program. 804 However, the department may not fund the administrative or 805 operational costs of Space Florida. 806 (1)(3)Space Florida shall develop a spaceport system 807masterplan that identifies statewide spaceport goals and the 808 need for expansion and modernization of space transportation 809 facilities within spaceport territories as defined in s. 810 331.303. The plan mustshallcontain recommended projects that 811tomeet current and future commercial, national, and state space 812 transportation requirements. Space Florida shall submit the plan 813 to eachanyappropriate metropolitan planning organization for 814 review of intermodal impacts. Space Florida shall submit the 815 spaceport systemmasterplan to the departmentof816Transportation, which may include those portions of the system 817 plan which are relevant to the Department of Transportation’s 818 missionand such plan may be includedwithin the department’s 5 819 year work program of qualifying projectsaerospace discretionary820capacity improvement under subsection (4). The plan mustshall821 identify appropriate funding levels for each projectand include822recommendations on appropriate sources of revenue that may be823developed to contribute to the State Transportation Trust Fund. 824 (4)(a) Beginning in fiscal year 2013-2014, a minimum of $15 825 million annually is authorized to be made available from the 826 State Transportation Trust Fund to fund space transportation 827 projects. The funds for this initiative shall be from the funds 828 dedicated to public transportation projects pursuant to s. 829 206.46(3). 830 (b) Before executing an agreement, Space Florida must 831 provide project-specific information to the department in order 832 to demonstrate that the project includes transportation and 833 aerospace benefits. The project-specific information must 834 include, but need not be limited to: 835 1. The description, characteristics, and scope of the 836 project. 837 2. The funding sources for and costs of the project. 838 3. The financing considerations that emphasize federal, 839 local, and private participation. 840 4. A financial feasibility and risk analysis, including a 841 description of the efforts to protect the state’s investment and 842 to ensure that project goals are realized. 843 5. A demonstration that the project will encourage, 844 enhance, or create economic benefits for the state. 845 (c) The department may fund up to 50 percent of eligible 846 project costs. If the project meets the following criteria, the 847 department may fund up to 100 percent of eligible project costs. 848 The project must: 849 1. Provide important access and on-spaceport capacity 850 improvements; 851 2. Provide capital improvements to strategically position 852 the state to maximize opportunities in the aerospace industry or 853 foster growth and development of a sustainable and world-leading 854 aerospace industry in the state; 855 3. Meet state goals of an integrated intermodal 856 transportation system; and 857 4. Demonstrate the feasibility and availability of matching 858 funds through federal, local, or private partnersSubject to the859availability of appropriated funds, the department may860participate in the capital cost of eligible spaceport861discretionary capacity improvement projects. The annual862legislative budget request shall be based on the proposed863funding requested for approved spaceport discretionary capacity864improvement projects. 865 Section 9. Subsection (11) is added to section 332.007, 866 Florida Statutes, to read: 867 332.007 Administration and financing of aviation and 868 airport programs and projects; state plan.— 869 (11) The department may fund strategic airport investment 870 projects at up to 100 percent of the project’s cost if all the 871 following criteria are met: 872 (a) Important access and on-airport capacity improvements 873 are provided. 874 (b) Capital improvements that strategically position the 875 state to maximize opportunities in international trade, 876 logistics, and the aviation industry are provided. 877 (c) Goals of an integrated intermodal transportation system 878 for the state are achieved. 879 (d) Feasibility and availability of matching funds through 880 federal, local, or private partners are demonstrated. 881 Section 10. Subsections (16) and (26) of section 334.044, 882 Florida Statutes, are amended to read: 883 334.044 Department; powers and duties.—The department shall 884 have the following general powers and duties: 885 (16) To plan, acquire, lease, construct, maintain, and 886 operate toll facilities; to authorize the issuance and refunding 887 of bonds; and to fix and collect tolls or other charges for 888 travel on any such facilities. Effective July 1, 2013, and 889 notwithstanding any other law to the contrary, the department 890 may not enter into a lease-purchase agreement with an expressway 891 authority, regional transportation authority, or other entity. 892 This provision does not invalidate a lease-purchase agreement 893 authorized under chapter 348 or chapter 2000-411, Laws of 894 Florida, and existing as of July 1, 2013, and does not limit the 895 department’s authority under s. 334.30. 896 (26) To provide for the enhancement of environmental 897 benefits, including air and water quality; to prevent roadside 898 erosion; to conserve the natural roadside growth and scenery; 899 and to provide for the implementation and maintenance of 900 roadside conservation, enhancement, and stabilization programs. 901 No less than 1.5 percent of the amount contracted for 902 construction projects shall be allocated by the department on a 903 statewide basis for the purchase of plant materials. Department 904 districts may not expend funds for landscaping in connection 905 with any project that is limited to resurfacing existing lanes 906 unless the expenditure has been approved by the department’s 907 secretary or the secretary’s designee. To the greatest extent 908 practical, a minimum of 50 percent of the funds allocated under 909 this subsection shall be allocated for large plant materials and 910 the remaining funds for other plant materials. Except as 911 prohibited by applicable federal law or regulation, all plant 912 materials shall be purchased from Florida commercial nursery 913 stock in this state on a uniform competitive bid basis. The 914 department shall develop grades and standards for landscaping 915 materials purchased through this process. To accomplish these 916 activities, the department may contract with nonprofit 917 organizations having the primary purpose of developing youth 918 employment opportunities. 919 Section 11. Subsection (6) is added to section 335.0415, 920 Florida Statutes, to read: 921 335.0415 Public road jurisdiction and transfer process.— 922 (6) Notwithstanding the provisions of subsections (1)–(5) 923 or any other provision of law to the contrary, it is the intent 924 of the Legislature that, as a pilot program, the City of Miami 925 be provided and assume certain responsibilities for the 926 maintenance of State Road 5/Brickell Avenue/Biscayne Boulevard 927 within defined limits in the City of Miami. 928 (a) The department shall enter into an interlocal agreement 929 with the City of Miami which must provide that the City of Miami 930 be responsible for street cleaning, landscaping, and maintenance 931 of the right-of-way of State Road 5/Brickell Avenue/Biscayne 932 Boulevard, from its intersection with Interstate 95 to its 933 intersection with Northeast 15th Street, excluding the Brickell 934 Bridge and its approaches, for a 5-year period. The interlocal 935 agreement must: 936 1. Contain performance measures to ensure that the facility 937 and landscaping are maintained in accordance with applicable 938 department standards. 939 2. Require the city to meet or exceed the performance 940 measures as a condition of payment by the department for the 941 work performed by the city. 942 3. Indemnify and hold the department harmless from any 943 liability arising out of the city’s exercise of, or failure to 944 exercise, the transferred responsibilities. 945 (b) During the final year of the 5-year pilot program, the 946 Florida Transportation Commission shall conduct a study to 947 evaluate the effectiveness and benefits of the pilot program. 948 The commission may retain such experts as are reasonably 949 necessary to complete the study, and the department shall pay 950 the expenses of such experts. The commission shall complete the 951 study within 60 days after the end of the 5-year pilot program 952 and shall provide a written report of its findings and 953 conclusions to the Governor, the President of the Senate, the 954 Speaker of the House of Representatives, and the chairs of each 955 of the appropriations committees of the Legislature. 956 Section 12. Section 335.06, Florida Statutes, is amended to 957 read: 958 335.06 Access roads to the state park system.—AAnyroad 959 thatwhichprovides access to property within the state park 960 system mustshallbe maintained by the department if the road is 961 a part of the State Highway System and may be improved and 962 maintained by the department if the road is part of a county 963 road system or city street system. If the department does not 964 maintain a county or city road that is a part of the county road 965 system or the city street system and that provides access to the 966 state park system, the road mustor shallbe maintained by the 967 appropriate county or municipalityif the road is a part of the968county road system or the city street system. 969 Section 13. Section 336.71, Florida Statutes, is created to 970 read: 971 336.71 Public-private cooperation in construction of county 972 roads.— 973 (1) If a county receives a proposal, solicited or 974 unsolicited, from a private entity seeking to construct, extend, 975 or improve a county road or portion thereof, the county may 976 enter into an agreement with the private entity for completion 977 of the road construction project, which agreement may provide 978 for payment to the private entity, from public funds, if the 979 county conducts a noticed public hearing and finds that the 980 proposed county road construction project: 981 (a) Is in the best interest of the public. 982 (b) Would only use county funds for portions of the project 983 that will be part of the county road system. 984 (c) Would have adequate safeguards to ensure that 985 additional costs or unreasonable service disruptions are not 986 realized by the traveling public and residents of the state. 987 (d) Upon completion, would be a part of the county road 988 system owned by the county. 989 (e) Would result in a financial benefit to the public by 990 completing the subject project at a cost to the public 991 significantly lower than if the project were constructed by the 992 county using the normal procurement process. 993 (2) The notice for the public hearing provided for in 994 subsection (1) must be published at least 14 days before the 995 date of the public meeting at which the governing board takes 996 final action. The notice must identify the project and the 997 estimated cost of the project, and specify that the purpose for 998 the public meeting is to consider whether it is in the public’s 999 best interest to accept the proposal and enter into an 1000 agreement. The determination of cost savings pursuant to 1001 paragraph (1)(e) must be supported by a cost estimate of a 1002 professional engineer which is made available to the public at 1003 least 14 days before the public meeting and placed in the record 1004 for that meeting. 1005 (3) The project and agreement are exempt from s. 255.20 1006 pursuant to s. 255.20(1)(c)11. if the process in subsection (1) 1007 is followed. 1008 (4) Except as otherwise expressly provided in this section, 1009 this section does not affect existing law by granting additional 1010 powers to or imposing further restrictions on local government 1011 entities. 1012 Section 14. Subsection (13) of section 337.11, Florida 1013 Statutes, is amended to read: 1014 337.11 Contracting authority of department; bids; emergency 1015 repairs, supplemental agreements, and change orders; combined 1016 design and construction contracts; progress payments; records; 1017 requirements of vehicle registration.— 1018 (13) Each contract let by the department for the 1019 performance of road or bridge construction or maintenance work 1020 shall requirecontain a provision requiring the contractor to1021provide proof to the department, in the form of a notarized1022affidavit from the contractor, thatall motor vehicles that the 1023 contractorhe or sheoperates or causes to be operated in this 1024 state to beareregistered in compliance with chapter 320. 1025 Section 15. Subsection (1) of section 337.14, Florida 1026 Statutes, is amended to read: 1027 337.14 Application for qualification; certificate of 1028 qualification; restrictions; request for hearing.— 1029 (1) AAnyperson who desiresdesiringto bid for the 1030 performance of any construction contract with a proposed budget 1031 estimate in excess of $250,000 which the department proposes to 1032 let must first be certified by the department as qualified 1033 pursuant to this section and rules of the department. The rules 1034 of the department mustshalladdress the qualification of a 1035 personpersonsto bid on construction contracts with a proposed 1036 budget estimate that is in excess of $250,000 and mustshall1037 include requirements with respect to the equipment, past record, 1038 experience, financial resources, and organizational personnel of 1039 the applicant necessary to perform the specific class of work 1040 for which the person seeks certification. The department may 1041 limit the dollar amount of any contract upon which a person is 1042 qualified to bid or the aggregate total dollar volume of 1043 contracts such person mayis allowed tohave under contract at 1044 any one time. Each applicant who seeksseekingqualification to 1045 bid on construction contracts with a proposed budget estimate in 1046 excess of $250,000 mustshallfurnish the department a statement 1047 under oath, on such forms as the department may prescribe, 1048 setting forth detailed information as required on the 1049 application. Each application for certification mustshallbe 1050 accompanied by the latest annual financial statement of the 1051 applicant completed within the last 12 months. If the 1052 application or the annual financial statement shows the 1053 financial condition of the applicant more than 4 months before 1054prior tothe date on which the application is received by the 1055 department,thenan interim financial statement must be 1056 submitted and be accompanied by an updated application. The 1057 interim financial statement must cover the period from the end 1058 date of the annual statement and must show the financial 1059 condition of the applicant no more than 4 months beforeprior to1060 the date the interim financial statement is received by the 1061 department. However, upon request by the applicant, an 1062 application and accompanying annual or interim financial 1063 statement received by the department within 15 days after either 1064 4-month period provided pursuant tounderthis subsection must 1065shallbe considered timely. Each required annual or interim 1066 financial statement must be audited and accompanied by the 1067 opinion of a certified public accountant. An applicant desiring 1068 to bid exclusively for the performance of construction contracts 1069 with proposed budget estimates of less than $1 million may 1070 submit reviewed annual or reviewed interim financial statements 1071 prepared by a certified public accountant. The information 1072 required by this subsection is confidential and exempt from the 1073 provisions of s. 119.07(1). The department shall act upon the 1074 application for qualification within 30 days after the 1075 department determines that the application is complete. The 1076 department may waive the requirements of this subsection for 1077 projects having a contract price of $500,000 or less if the 1078 department determines that the project is of a noncritical 1079 nature and the waiver will not endanger public health, safety, 1080 or property. 1081 Section 16. Subsection (2) of section 337.168, Florida 1082 Statutes, is amended to read: 1083 337.168 Confidentiality of official estimates, identities 1084 of potential bidders, and bid analysis and monitoring system.— 1085 (2) A document that revealsrevealingthe identity of a 1086 person who haspersons who haverequested or obtained a bid 1087 package, planpackages, plans, or specifications pertaining to 1088 any project to be let by the department is confidential and 1089 exempt from the provisions of s. 119.07(1) for the period that 1090whichbegins 2 working days beforeprior tothe deadline for 1091 obtaining bid packages, plans, or specifications and ends with 1092 the letting of the bid. A document that reveals the identity of 1093 a person who has requested or obtained a bid package, plan, or 1094 specifications pertaining to any project to be let by the 1095 department before the 2 working days before the deadline for 1096 obtaining bid packages, plans, or specifications remains a 1097 public record subject to the provisions of s. 119.07(1). 1098 Section 17. Section 337.25, Florida Statutes, is amended to 1099 read: 1100 337.25 Acquisition, lease, and disposal of real and 1101 personal property.— 1102 (1)(a) The department may purchase, lease, exchange, or 1103 otherwise acquire any land, property interests, or buildings or 1104 other improvements, including personal property within such 1105 buildings or on such lands, necessary to secure or utilize 1106 transportation rights-of-way for existing, proposed, or 1107 anticipated transportation facilities on the State Highway 1108 System, on the State Park Road System, in a rail corridor, or in 1109 a transportation corridor designated by the department. Such 1110 property shall be held in the name of the state. 1111 (b) The department may accept donations of any land or 1112 buildings or other improvements, including personal property 1113 within such buildings or on such lands with or without such 1114 conditions, reservations, or reverter provisions as are 1115 acceptable to the department. Such donations may be used as 1116 transportation rights-of-way or to secure or utilize 1117 transportation rights-of-way for existing, proposed, or 1118 anticipated transportation facilities on the State Highway 1119 System, on the State Park Road System, or in a transportation 1120 corridor designated by the department. 1121 (c) When lands, buildings, or other improvements are needed 1122 for transportation purposes, but are held by a federal, state, 1123 or local governmental entity and utilized for public purposes 1124 other than transportation, the department may compensate the 1125 entity for such properties by providing functionally equivalent 1126 replacement facilities. The providing of replacement facilities 1127 under this subsection may only be undertaken with the agreement 1128 of the governmental entity affected. 1129 (d) The department may contract pursuant to s. 287.055 for 1130 auction services used in the conveyance of real or personal 1131 property or the conveyance of leasehold interests under the 1132 provisions of subsections (4) and (5). The contract may allow 1133 for the contractor to retain a portion of the proceeds as 1134 compensation for the contractor’s services. 1135 (2) A complete inventory shall be made of all real or 1136 personal property immediately upon possession or acquisition. 1137 Such inventory shall include a statement of the location or site 1138 of each piece of realty, structure, or severable iteman1139itemized listing of all appliances, fixtures, and other1140severable items; a statement of the location or site of each1141piece of realty, structure, or severable item; and the serial1142number assigned to each. Copies of each inventory shall be filed 1143 in the district office in which the property is located. Such 1144 inventory shall be carried forward to show the final disposition 1145 of each item of property, both real and personal. 1146 (3) The inventory of real property which was acquired by 1147 the state after December 31, 1988, which has been owned by the 1148 state for 10 or more years, and which is not within a 1149 transportation corridor or within the right-of-way of a 1150 transportation facility shall be evaluated to determine the 1151 necessity for retaining the property. If the property is not 1152 needed for the construction, operation, and maintenance of a 1153 transportation facility, or is not located within a 1154 transportation corridor, the department may dispose of the 1155 property pursuant to subsection (4). 1156 (4) The department may conveysell, in the name of the 1157 state, any land, building, or other property, real or personal, 1158 which was acquired under the provisions of subsection (1) and 1159 which the department has determined is not needed for the 1160 construction, operation, and maintenance of a transportation 1161 facility.With the exception of any parcel governed by paragraph1162(c), paragraph (d), paragraph (f), paragraph (g), or paragraph1163(i), the department shall afford first right of refusal to the1164local government in the jurisdiction of which the parcel is1165situated.When such a determination has been made, property may 1166 be disposed of through negotiations, sealed competitive bids, 1167 auctions, or any other means the department deems to be in its 1168 best interest, with due advertisement for property valued by the 1169 department at greater than $10,000. A sale may not occur at a 1170 price less than the department’s current estimate of value, 1171 except as provided in paragraphs (a)-(d). The department may 1172 afford a right of first refusal to the local government or other 1173 political subdivision in the jurisdiction in which the parcel is 1174 situated, except in conveyances transacted under paragraph (a), 1175 paragraph (c), or paragraph (e).in the following manner:1176 (a) If thevalue of theproperty has been donated to the 1177 state for transportation purposes and a facility has not been 1178 constructed for a period of at least 5 years, plans have not 1179 been prepared for the construction of such facility, and the 1180 property is not located in a transportation corridor, the 1181 governmental entity may authorize reconveyance of the donated 1182 property for no consideration to the original donor or the 1183 donor’s heirs, successors, assigns, or representativesis1184$10,000 or less as determined by department estimate, the1185department may negotiate the sale. 1186 (b) Ifthe value ofthe property is to be used for a public 1187 purpose, the property may be conveyed without consideration to a 1188 governmental entityexceeds $10,000 as determined by department1189estimate, such property may be sold to the highest bidder1190through receipt of sealed competitive bids, after due1191advertisement, or by public auction held at the site of the1192improvement which is being sold. 1193 (c) If the property was originally acquired specifically to 1194 provide replacement housing for persons displaced by 1195 transportation projects, the department may negotiate for the 1196 sale of such property as replacement housing. As compensation, 1197 the state shall receive no less than its investment in such 1198 property or the department’s current estimate of value, 1199 whichever is lower. It is expressly intended that this benefit 1200 be extended only to persons actually displaced by the project. 1201 Dispositions to any other person must be for no less than the 1202 department’s current estimate of value, in the discretion of the1203department, public sale would be inequitable, properties may be1204sold by negotiation to the owner holding title to the property1205abutting the property to be sold, provided such sale is at a1206negotiated price not less than fair market value as determined1207by an independent appraisal, the cost of which shall be paid by1208the owner of the abutting land. If negotiations do not result in1209the sale of the property to the owner of the abutting land and1210the property is sold to someone else, the cost of the1211independent appraisal shall be borne by the purchaser; and the1212owner of the abutting land shall have the cost of the appraisal1213refunded to him or her. If, however, no purchase takes place,1214the owner of the abutting land shall forfeit the sum paid by him1215or her for the independent appraisal. If, due to action of the1216department, the property is removed from eligibility for sale,1217the cost of any appraisal prepared shall be refunded to the1218owner of the abutting land. 1219 (d) If the department determines that the property will 1220 require significant costs to be incurred or that continued 1221 ownership of the property exposes the department to significant 1222 liability risks, the department may use the projected 1223 maintenance costs over the next 10 years to offset the 1224 property’s value in establishing a value for disposal of the 1225 property, even if that value is zeroproperty acquired for use1226as a borrow pit is no longer needed, the department may sell1227such property to the owner of the parcel of abutting land from1228which the borrow pit was originally acquired, provided the sale1229is at a negotiated price not less than fair market value as1230determined by an independent appraisal, the cost of which shall1231be paid by the owner of such abutting land. 1232 (e) If, in the discretion of the department, a sale to 1233 anyone other than an abutting property owner would be 1234 inequitable, the property may be sold to the abutting owner for 1235 the department’s current estimate of value.the department1236begins the process for disposing of the property on its own1237initiative, either by negotiation under the provisions of1238paragraph (a), paragraph (c), paragraph (d), or paragraph (i),1239or by receipt of sealed competitive bids or public auction under1240the provisions of paragraph (b) or paragraph (i), a department1241staff appraiser may determine the fair market value of the1242property by an appraisal.1243(f) Any property which was acquired by a county or by the1244department using constitutional gas tax funds for the purpose of1245a right-of-way or borrow pit for a road on the State Highway1246System, State Park Road System, or county road system and which1247is no longer used or needed by the department may be conveyed1248without consideration to that county. The county may then sell1249such surplus property upon receipt of competitive bids in the1250same manner prescribed in this section.1251(g) If a property has been donated to the state for1252transportation purposes and the facility has not been1253constructed for a period of at least 5 years and no plans have1254been prepared for the construction of such facility and the1255property is not located in a transportation corridor, the1256governmental entity may authorize reconveyance of the donated1257property for no consideration to the original donor or the1258donor’s heirs, successors, assigns, or representatives.1259(h) If property is to be used for a public purpose, the1260property may be conveyed without consideration to a governmental1261entity.1262(i) If property was originally acquired specifically to1263provide replacement housing for persons displaced by1264transportation projects, the department may negotiate for the1265sale of such property as replacement housing. As compensation,1266the state shall receive no less than its investment in such1267properties or fair market value, whichever is lower. It is1268expressly intended that this benefit be extended only to those1269persons actually displaced by such project. Dispositions to any1270other persons must be for fair market value.1271(j) If the department determines that the property will1272require significant costs to be incurred or that continued1273ownership of the property exposes the department to significant1274liability risks, the department may use the projected1275maintenance costs over the next 5 years to offset the market1276value in establishing a value for disposal of the property, even1277if that value is zero.1278 (5) The department may convey a leasehold interest for 1279 commercial or other purposes, in the name of the state, to any 1280 land, building, or other property, real or personal, which was 1281 acquired under the provisions of subsection (1). However, a 1282 lease may not be entered into at a price less than the 1283 department’s current estimate of value. 1284 (a) A lease may be through negotiations, sealed competitive 1285 bids, auctions, or any other means the department deems to be in 1286 its best interestThe department may negotiate such a lease at1287the prevailing market value with the owner from whom the1288property was acquired; with the holders of leasehold estates1289existing at the time of the department’s acquisition; or, if1290public bidding would be inequitable, with the owner holding1291title to privately owned abutting property, if reasonable notice1292is provided to all other owners of abutting property. The 1293 department may allow an outdoor advertising sign to remain on 1294 the property acquired, or be relocated on department property, 1295 and such sign shall not be considered a nonconforming sign 1296 pursuant to chapter 479. 1297 (b) If, in the discretion of the department, a lease to a 1298 person other than an abutting property owner or tenant with a 1299 leasehold interest in the abutting property would be 1300 inequitable, the property may be leased to the abutting owner or 1301 tenant for no less than the department’s current estimate of 1302 valueAll other leases shall be by competitive bid. 1303 (c) No lease signed pursuant to paragraph (a)or paragraph1304(b)shall be for a period of more than 5 years; however, the 1305 department may renegotiate or extend such a lease for an 1306 additional term of 5 years as the department deems appropriate 1307without rebidding. 1308 (d) Each lease shall provide that, unless otherwise 1309 directed by the lessor, any improvements made to the property 1310 during the term of the lease shall be removed at the lessee’s 1311 expense. 1312 (e) If property is to be used for a public purpose, 1313including a fair, art show, or other educational, cultural, or1314fundraising activity,the property may be leased without 1315 consideration to a governmental entityor school board. A lease 1316 for a public purpose is exempt from the term limits in paragraph 1317 (c). 1318 (f) Paragraphs (c) and (e)(d)do not apply to leases 1319 entered into pursuant to s. 260.0161(3), except as provided in 1320 such a lease. 1321 (g) No lease executed under this subsection may be utilized 1322 by the lessee to establish the4 years’standing required by s. 1323 73.071(3)(b) if the business had not been established for the 1324 specified number of4years on the date title passed to the 1325 department. 1326 (h) The department may enter into a long-term lease without 1327 compensation with a public port listed in s. 403.021(9)(b) for 1328 rail corridors used for the operation of a short-line railroad 1329 to the port. 1330 (6) Nothing in this chapter prevents the joint use of 1331 right-of-way for alternative modes of transportation; provided 1332 that the joint use does not impair the integrity and safety of 1333 the transportation facility. 1334 (7) The department’s estimate of value, required by 1335 subsections (4) and (5), shall be prepared in accordance with 1336 department procedures, guidelines, and rules for valuation of 1337 real property. If the value of the property exceeds $50,000, as 1338 determined by the department estimate, the sale or lease must be 1339 at a negotiated price not less than the estimate of value as 1340 determined by an appraisal prepared in accordance with 1341 department procedures, guidelines, and rules for valuation of 1342 real property, the cost of which shall be paid by the party 1343 seeking the purchase or lease of the propertyappraisal required1344by paragraphs (4)(c) and (d) shall be prepared in accordance1345with department guidelines and rules by an independent appraiser1346who has been certified by the department. If federal funds were1347used in the acquisition of the property, the appraisal shall1348also be subject to the approval of the Federal Highway1349Administration. 1350 (8) A “due advertisement” under this section is an 1351 advertisement in a newspaper of general circulation in the area 1352 of the improvements of not less than 14 calendar days prior to 1353 the date of the receipt of bids or the date on which a public 1354 auction is to be held. 1355 (9) The department, with the approval of the Chief 1356 Financial Officer, is authorized to disburse state funds for 1357 real estate closings in a manner consistent with good business 1358 practices and in a manner minimizing costs and risks to the 1359 state. 1360 (10) The department is authorized to purchase title 1361 insurance in those instances where it is determined that such 1362 insurance is necessary to protect the public’s investment in 1363 property being acquired for transportation purposes. The 1364 department shall adopt procedures to be followed in making the 1365 determination to purchase title insurance for a particular 1366 parcel or group of parcels which, at a minimum, shall set forth 1367 criteria which the parcels must meet. 1368 (11) This section does not modify the requirements of s. 1369 73.013. 1370 Section 18. Subsection (2) of section 337.251, Florida 1371 Statutes, is amended to read: 1372 337.251 Lease of property for joint public-private 1373 development and areas above or below department property.— 1374 (2) The department may request proposals for the lease of 1375 such property or, if the department receives a proposal forto1376negotiatea lease of a particular department property that the 1377 department desires to consider, the department mustit shall1378 publish a notice in a newspaper of general circulation at least 1379 once a week for 2 weeks, stating that it has received the 1380 proposal and will accept, for 12060days after the date of 1381 publication, other proposals for lease of the particular 1382 propertyuse of the space. A copy of the notice must be mailed 1383 to each local government in the affected area. The department 1384 shall, by rule, establish an application fee for the submission 1385 of proposals pursuant to this section. The fee must be 1386 sufficient to pay the anticipated costs of evaluating the 1387 proposals. The department may engage the services of private 1388 consultants to assist in the evaluation. Before approval, the 1389 department must determine that the proposed lease: 1390 (a) Is in the public’s best interest; 1391 (b) Does not require state funds to be used; and 1392 (c) Has adequate safeguards in place to ensure that no 1393 additional costs are borne and no service disruptions are 1394 experienced by the traveling public and residents of the state 1395 in the event of default by the private lessee or upon 1396 termination or expiration of the lease. 1397 Section 19. Subsection (5) of section 338.161, Florida 1398 Statutes, is amended to read: 1399 338.161 Authority of department or toll agencies to 1400 advertise and promote electronic toll collection; expanded uses 1401 of electronic toll collection system; authority of department to 1402 collect tolls, fares, and fees for private and public entities.— 1403 (5) If the department finds that it can increase nontoll 1404 revenues or add convenience or other value for its customers, 1405 and if a public or private transportation facility owner agrees 1406 that its facility will become interoperable with the 1407 department’s electronic toll collection and video billing 1408 systems, the department mayis authorized toenter into an 1409 agreement with the owner of such facility under which the 1410 department usesprivate or public entities for the department’s1411use ofits electronic toll collection and video billing systems 1412 to collect and enforce for the owner tolls, fares, 1413 administrative fees, and other applicable charges dueimposedin 1414 connection with use of the owner’s facilitytransportation1415facilities of the private or public entities that become1416interoperable with the department’s electronic toll collection1417system. The department may modify its rules regarding toll 1418 collection procedures and the imposition of administrative 1419 charges to be applicable to toll facilities that are not part of 1420 the turnpike system or otherwise owned by the department. This 1421 subsection may not be construed to limit the authority of the 1422 department under any other provision of law or under any 1423 agreement entered into beforeprior toJuly 1, 2012. 1424 Section 20. Subsection (4) of section 338.165, Florida 1425 Statutes, is amended to read: 1426 338.165 Continuation of tolls.— 1427 (4) Notwithstanding any other law to the contrary, pursuant 1428 to s. 11, Art. VII of the State Constitution, and subject to the 1429 requirements of subsection (2), the Department of Transportation 1430 may request the Division of Bond Finance to issue bonds secured 1431 by toll revenues collected on the Alligator Alley, the Sunshine 1432 Skyway Bridge,the Beeline-East Expressway, the Navarre Bridge,1433 and the Pinellas Bayway to fund transportation projects located 1434 within the county or counties in which the revenue-producing 1435 project is located and contained in the adopted work program of 1436 the department. 1437 Section 21. Subsections (3) and (4) of section 338.26, 1438 Florida Statutes, are amended to read: 1439 338.26 Alligator Alley toll road.— 1440 (3) Fees generated from tolls shall be deposited in the 1441 State Transportation Trust Fund, and any amount of funds 1442 generated annually in excess of that required to reimburse 1443 outstanding contractual obligations, to operate and maintain the 1444 highway and toll facilities, including reconstruction and 1445 restoration, to pay for those projects that are funded with 1446 Alligator Alley toll revenues and that are contained in the 1447 1993-1994 adopted work program or the 1994-1995 tentative work 1448 program submitted to the Legislature on February 22, 1994, and 1449 to design and constructdevelop and operatea fire station at 1450 mile marker 63 on Alligator Alley, which may be used by Collier 1451 County or other appropriate local governmental entity to provide 1452 fire, rescue, and emergency management servicesto the adjacent1453countiesalong Alligator Alley, may be transferred to the 1454 Everglades Fund of the South Florida Water Management District 1455 in accordance with the memorandum of understanding of June 30, 1456 1997, between the district and the department. The South Florida 1457 Water Management District shall deposit funds for projects 1458 undertaken pursuant to s. 373.4592 in the Everglades Trust Fund 1459 pursuant to s. 373.45926(4)(a). Any funds remaining in the 1460 Everglades Fund may be used for environmental projects to 1461 restore the natural values of the Everglades, subject to 1462 compliance with any applicable federal laws and regulations. 1463 Projects mustshallbe limited to: 1464 (a) Highway redesign to allow for improved sheet flow of 1465 water across the southern Everglades. 1466 (b) Water conveyance projects to enable more water 1467 resources to reach Florida Bay to replenish marine estuary 1468 functions. 1469 (c) Engineering design plans for wastewater treatment 1470 facilities as recommended in the Water Quality Protection 1471 Program Document for the Florida Keys National Marine Sanctuary. 1472 (d) Acquisition of lands to move STA 3/4 out of the Toe of 1473 the Boot, provided such lands are located within 1 mile of the 1474 northern border of STA 3/4. 1475 (e) Other Everglades Construction Projects as described in 1476 the February 15, 1994, conceptual design document. 1477(4) The district may issue revenue bonds or notes under s.1478373.584and pledge the revenue from the transfers from the1479Alligator Alley toll revenues as security for such bonds or1480notes. The proceeds from such revenue bonds or notes shall be1481used for environmental projects; at least 50 percent of said1482proceeds must be used for projects that benefit Florida Bay, as1483described in this section subject to resolutions approving such1484activity by the Board of Trustees of the Internal Improvement1485Trust Fund and the governing board of the South Florida Water1486Management District and the remaining proceeds must be used for1487restoration activities in the Everglades Protection Area.1488 Section 22. Subsections (2) through (4) of section 339.175, 1489 Florida Statutes, are amended to read: 1490 339.175 Metropolitan planning organization.— 1491 (2) DESIGNATION.— 1492 (a)1. An M.P.O. shall be designated for each urbanized area 1493 of the state; however, this does not require that an individual 1494 M.P.O. be designated for each such area. The M.P.O.Such1495 designation shall be accomplished by agreement between the 1496 Governor and units of general-purpose local government that 1497 together representrepresentingat least 75 percent of the 1498 population, including the largest incorporated municipality, 1499 based on population,of the urbanized area; however, the unit of1500general-purpose local government that represents the central1501city or cities within the M.P.O. jurisdiction,as nameddefined1502 by the United States Bureau of the Census, must be a party to1503such agreement. 1504 2. To the extent possible, only one M.P.O. shall be 1505 designated for each urbanized area or group of contiguous 1506 urbanized areas. More than one M.P.O. may be designated within 1507 an existing urbanized area only if the Governor and the existing 1508 M.P.O. determine that the size and complexity of the existing 1509 urbanized area makes the designation of more than one M.P.O. for 1510 the area appropriate. 1511 (b) Each M.P.O. designated in a manner prescribed by Title 1512 23 of the United States Code shall be created and operated under 1513 the provisions of this section pursuant to an interlocal 1514 agreement entered into pursuant to s. 163.01. The signatories to 1515 the interlocal agreement shall be the department and the 1516 governmental entities designated by the Governor for membership 1517 on the M.P.O. Each M.P.O. shall be considered separate from the 1518 state or the governing body of a local government that is 1519 represented on the governing board of the M.P.O. or that is a 1520 signatory to the interlocal agreement creating the M.P.O. and 1521 shall have such powers and privileges that are provided under s. 1522 163.01. If there is a conflict between this section and s. 1523 163.01, this section prevails. 1524 (c) The jurisdictional boundaries of an M.P.O. shall be 1525 determined by agreement between the Governor and the applicable 1526 M.P.O. The boundaries must include at least the metropolitan 1527 planning area, which is the existing urbanized area and the 1528 contiguous area expected to become urbanized within a 20-year 1529 forecast period, and may encompass the entire metropolitan 1530 statistical area or the consolidated metropolitan statistical 1531 area. 1532 (d) In the case of an urbanized area designated as a 1533 nonattainment area for ozone or carbon monoxide under the Clean 1534 Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the 1535 metropolitan planning area in existence as of the date of 1536 enactment of this paragraph shall be retained, except that the 1537 boundaries may be adjusted by agreement of the Governor and 1538 affected metropolitan planning organizations in the manner 1539 described in this section. If more than one M.P.O. has authority 1540 within a metropolitan area or an area that is designated as a 1541 nonattainment area, each M.P.O. shall consult with other 1542 M.P.O.’s designated for such area and with the state in the 1543 coordination of plans and programs required by this section. 1544 (e) The governing body of the M.P.O. shall designate, at a 1545 minimum, a chair, vice chair, and agency clerk. The chair and 1546 vice chair shall be selected from among the member delegates 1547 comprising the governing board. The agency clerk shall be 1548 charged with the responsibility of preparing meeting minutes and 1549 maintaining agency records. The clerk shall be a member of the 1550 M.P.O. governing board, an employee of the M.P.O., or other 1551 natural person. 1552 1553 Each M.P.O. required under this section must be fully operative 1554 no later than 6 months following its designation. 1555 (3) VOTING MEMBERSHIP.— 1556 (a) The voting membership of an M.P.O. shall consist of not 1557 fewer than 5 or more than 19 apportioned members, the exact 1558 number to be determined on an equitable geographic-population 1559 ratiobasis by the Governor, based on an agreement among the 1560 affected units of general-purpose local government and the 1561 Governor as required by federalrules andregulations. The 1562 voting membership of an M.P.O. that is redesignated after the 1563 effective date of this act as a result of the expansion of the 1564 M.P.O. to include a new urbanized area or the consolidation of 1565 two or more M.P.O.’s may consist of no more than 25 members. The 1566 Governor, in accordance with 23 U.S.C. s. 134, may also provide 1567 for M.P.O. members who represent municipalities to alternate 1568 with representatives from other municipalities within the 1569 metropolitan planning area that do not have members on the 1570 M.P.O. County commission members shall compose not less than 1571 one-third of the M.P.O. membership, except for an M.P.O. with 1572 more than 15 members located in a county with a 5-member county 1573 commission or an M.P.O. with 19 members located in a county with 1574 no more than 6 county commissioners, in which case county 1575 commission members may compose less than one-third percent of 1576 the M.P.O. membership, but all county commissioners must be 1577 members. All voting members shall be elected officials of 1578 general-purpose local governments, except that an M.P.O. may 1579 include, as part of its apportioned voting members, a member of 1580 a statutorily authorized planning board, an official of an 1581 agency that operates or administers a major mode of 1582 transportation, or an official of Space Florida. As used in this 1583 section, the term “elected officials of a general-purpose local 1584 government” excludesshall excludeconstitutional officers, 1585 including sheriffs, tax collectors, supervisors of elections, 1586 property appraisers, clerks of the court, and similar types of 1587 officials. County commissioners shall compose not less than 20 1588 percent of the M.P.O. membership if an official of an agency 1589 that operates or administers a major mode of transportation has 1590 been appointed to an M.P.O. 1591 (b) In metropolitan areas in which authorities or other 1592 agencies have been or may be created by law to perform 1593 transportation functions and are performing transportation 1594 functions that are not under the jurisdiction of a general 1595 purpose local government represented on the M.P.O., they may 1596shallbe provided voting membership on the M.P.O. In all other 1597 M.P.O.’s where transportation authorities or agencies are to be 1598 represented by elected officials from general-purpose local 1599 governments, the M.P.O. shall establish a process by which the 1600 collective interests of such authorities or other agencies are 1601 expressed and conveyed. 1602 (c) Any other provision of this section to the contrary 1603 notwithstanding, a chartered county with a population of more 1604 thanover1 millionpopulationmay elect to reapportion the 1605 membership of an M.P.O. whose jurisdiction is wholly within the 1606 county. The charter county may exercise the provisions of this 1607 paragraph if: 1608 1. The M.P.O. approves the reapportionment plan by a three 1609 fourths vote of its membership; 1610 2. The M.P.O. and the charter county determine that the 1611 reapportionment plan is needed to fulfill specific goals and 1612 policies applicable to that metropolitan planning area; and 1613 3. The charter county determines the reapportionment plan 1614 otherwise complies with all federal requirements pertaining to 1615 M.P.O. membership. 1616 1617 AAnycharter county that elects to exercise the provisions of 1618 this paragraph shall notify the Governor in writing. 1619 (d) Any other provision of this section to the contrary 1620 notwithstanding, aanycounty chartered under s. 6(e), Art. VIII 1621 of the State Constitution may elect to have its county 1622 commission serve as the M.P.O., if the M.P.O. jurisdiction is 1623 wholly contained within the county. AAnycharter county that 1624 elects to exercise the provisions of this paragraph shall so 1625 notify the Governor in writing. Upon receipt of thesuch1626 notification, the Governor must designate the county commission 1627 as the M.P.O. The Governor must appoint four additional voting 1628 members to the M.P.O., one of whom must be an elected official 1629 representing a municipality within the county, one of whom must 1630 be an expressway authority member, one of whom must be a person 1631 who does not hold elected public office and who resides in the 1632 unincorporated portion of the county, and one of whom must be a 1633 school board member. 1634 (4) APPORTIONMENT.— 1635 (a) Each M.P.O. in the state shall review the composition 1636 of its membership in conjunction with the decennial census, as 1637 prepared by the United States Department of Commerce, Bureau of 1638 the Census, and, with the agreement of the affected units of 1639 general-purpose local government and the Governor, reapportion 1640 the membership as necessary to comply with subsection (3)The1641Governor shall,with the agreement of the affected units of1642general-purpose local government as required by federal rules1643and regulations, apportion the membership on the applicable1644M.P.O. among the various governmental entities within the area. 1645 (b) At the request of a majority of the affected units of 1646 general-purpose local government comprising an M.P.O., the 1647 Governor and a majority of units of general-purpose local 1648 government serving on an M.P.O. shall cooperatively agree upon 1649 and prescribe who may serve as an alternate member and a method 1650 for appointing alternate members who may vote at any M.P.O. 1651 meeting that an alternate member attends in place of a regular 1652 member. The method mustshallbe set forth as a part of the 1653 interlocal agreement describing the M.P.O.’s membership or in 1654 the M.P.O.’s operating procedures and bylaws. The governmental 1655 entity so designated shall appoint the appropriate number of 1656 members to the M.P.O. from eligible officials. Representatives 1657 of the department shall serve as nonvoting advisers to the 1658 M.P.O. governing board. Additional nonvoting advisers may be 1659 appointed by the M.P.O. as deemed necessary; however, to the 1660 maximum extent feasible, each M.P.O. shall seek to appoint 1661 nonvoting representatives of various multimodal forms of 1662 transportation not otherwise represented by voting members of 1663 the M.P.O. An M.P.O. shall appoint nonvoting advisers 1664 representing major military installations located within the 1665 jurisdictional boundaries of the M.P.O. upon the request of the 1666 aforesaid major military installations and subject to the 1667 agreement of the M.P.O. All nonvoting advisers may attend and 1668 participate fully in governing board meetings but may not vote 1669 or be members of the governing board.The Governor shall review1670the composition of the M.P.O. membership in conjunction with the1671decennial census as prepared by the United States Department of1672Commerce, Bureau of the Census, and reapportion it as necessary1673to comply with subsection (3).1674 (c)(b)Except for members who represent municipalities on 1675 the basis of alternating with representatives from other 1676 municipalities that do not have members on the M.P.O. as 1677 provided in paragraph (3)(a), the members of an M.P.O. shall 1678 serve 4-year terms. Members who represent municipalities on the 1679 basis of alternating with representatives from other 1680 municipalities that do not have members on the M.P.O. as 1681 provided in paragraph (3)(a) may serve terms of up to 4 years as 1682 further provided in the interlocal agreement described in 1683 paragraph (2)(b). The membership of a member who is a public 1684 official automatically terminates upon the member’s leaving his 1685 or her elective or appointive office for any reason, or may be 1686 terminated by a majority vote of the total membership of the 1687 entity’s governing board represented by the member. A vacancy 1688 shall be filled by the original appointing entity. A member may 1689 be reappointed for one or more additional 4-year terms. 1690 (d)(c)If a governmental entity fails to fill an assigned 1691 appointment to an M.P.O. within 60 days after notification by 1692 the Governor of its duty to appoint, that appointment mustshall1693 be made by the Governor from the eligible representatives of 1694 that governmental entity. 1695 Section 23. Paragraph (a) of subsection (1) and subsections 1696 (4) and (5) of section 339.2821, Florida Statutes, are amended 1697 to read: 1698 339.2821 Economic development transportation projects.— 1699 (1)(a) The department, in consultation with the Department 1700 of Economic Opportunity and Enterprise Florida, Inc., may make 1701 and approve expenditures and contract with the appropriate 1702 governmental body for the direct costs of transportation 1703 projects. The Department of Economic Opportunity and the 1704 Department of Environmental Protection may formally review and 1705 comment on recommended transportation projects, although the 1706 department has final approval authority for any project 1707 authorized under this section. 1708 (4) A contract between the department and a governmental 1709 body for a transportation project must: 1710 (a) Specify that the transportation project is for the 1711 construction of a new or expanding business and specify the 1712 number of full-time permanent jobs that will result from the 1713 project. 1714 (b) Identify the governmental body and require that the 1715 governmental body award the construction of the particular 1716 transportation project to the lowest and best bidder in 1717 accordance with applicable state and federal statutes or rules 1718 unless the transportation project can be constructed using 1719 existing local governmental employees within the contract period 1720 specified by the department. 1721 (c) Require that the governmental body provide the 1722 department withquarterlyprogress reports. Eachquarterly1723 progress report must contain: 1724 1. A narrative description of the work completed and 1725 whether the work is proceeding according to the transportation 1726 project schedule; 1727 2. A description of each change order executed by the 1728 governmental body; 1729 3. A budget summary detailing planned expenditures compared 1730 to actual expenditures; and 1731 4. The identity of each small or minority business used as 1732 a contractor or subcontractor. 1733 (d) Require that the governmental body make and maintain 1734 records in accordance with accepted governmental accounting 1735 principles and practices for each progress payment made for work 1736 performed in connection with the transportation project, each 1737 change order executed by the governmental body, and each payment 1738 made pursuant to a change order. The records are subject to 1739 financial audit as required by law. 1740 (e) Require that the governmental body, upon completion and 1741 acceptance of the transportation project, certify to the 1742 department that the transportation project has been completed in 1743 compliance with the terms and conditions of the contract between 1744 the department and the governmental body and meets the minimum 1745 construction standards established in accordance with s. 1746 336.045. 1747 (f) Specify thatthe department transferfunds will not be 1748 transferred to the governmental body unless construction has 1749 begun on the facility of thenot more often than quarterly, upon1750receipt of a request for funds from the governmental body and1751consistent with the needs of the transportation project. The1752governmental body shall expend funds received from the1753department in a timely manner. The department may not transfer1754funds unless construction has begun on the facility of a1755 business on whose behalf the award was made. If construction of 1756 the transportation project does not begin within 4 years after 1757 the date of the initial grant award, the grant award is 1758 terminatedA contract totaling less than $200,000 is exempt from1759the transfer requirement. 1760 (g) Require that funds be used only on a transportation 1761 project that has been properly reviewed and approved in 1762 accordance with the criteria set forth in this section. 1763 (h) Require that the governing board of the governmental 1764 body adopt a resolution accepting future maintenance and other 1765 attendant costs occurring after completion of the transportation 1766 project if the transportation project is constructed on a county 1767 or municipal system. 1768 (5) For purposes of this section, Space Florida may serve 1769 as the governmental body or as the contracting agency for a 1770transportationproject within a spaceport territory as defined 1771 by s. 331.304. 1772 Section 24. Section 339.401, Florida Statutes, is repealed. 1773 Section 25. Section 339.402, Florida Statutes, is repealed. 1774 Section 26. Section 339.403, Florida Statutes, is repealed. 1775 Section 27. Section 339.404, Florida Statutes, is repealed. 1776 Section 28. Section 339.405, Florida Statutes, is repealed. 1777 Section 29. Section 339.406, Florida Statutes, is repealed. 1778 Section 30. Section 339.407, Florida Statutes, is repealed. 1779 Section 31. Section 339.408, Florida Statutes, is repealed. 1780 Section 32. Section 339.409, Florida Statutes, is repealed. 1781 Section 33. Section 339.410, Florida Statutes, is repealed. 1782 Section 34. Section 339.411, Florida Statutes, is repealed. 1783 Section 35. Section 339.412, Florida Statutes, is repealed. 1784 Section 36. Section 339.414, Florida Statutes, is repealed. 1785 Section 37. Section 339.415, Florida Statutes, is repealed. 1786 Section 38. Section 339.416, Florida Statutes, is repealed. 1787 Section 39. Section 339.417, Florida Statutes, is repealed. 1788 Section 40. Section 339.418, Florida Statutes, is repealed. 1789 Section 41. Section 339.419, Florida Statutes, is repealed. 1790 Section 42. Section 339.420, Florida Statutes, is repealed. 1791 Section 43. Section 339.421, Florida Statutes, is repealed. 1792 Section 44. Paragraphs (a) and (c) of subsection (2) and 1793 paragraph (i) of subsection (7) of section 339.55, Florida 1794 Statutes, are amended to read: 1795 339.55 State-funded infrastructure bank.— 1796 (2) The bank may lend capital costs or provide credit 1797 enhancements for: 1798 (a) A transportation facility project that is on the State 1799 Highway System or that provides for increased mobility on the 1800 state’s transportation system or provides intermodal 1801 connectivity with airports, seaports, spaceports, rail 1802 facilities, and other transportation terminals, pursuant to s. 1803 341.053, for the movement of people and goods. 1804 (c)1. Emergency loans for damages incurred to public-use 1805 commercial deepwater seaports, public-use airports, public-use 1806 spaceports, and other public-use transit and intermodal 1807 facilities that are within an area that is part of an official 1808 state declaration of emergency pursuant to chapter 252 and all 1809 other applicable laws. Such loans: 1810 a. May not exceed 24 months in duration except in extreme 1811 circumstances, for which the Secretary of Transportation may 1812 grant up to 36 months upon making written findings specifying 1813 the conditions requiring a 36-month term. 1814 b. Require application from the recipient to the department 1815 that includes documentation of damage claims filed with the 1816 Federal Emergency Management Agency or an applicable insurance 1817 carrier and documentation of the recipient’s overall financial 1818 condition. 1819 c. Are subject to approval by the Secretary of 1820 Transportation and the Legislative Budget Commission. 1821 2. Loans provided under this paragraph must be repaid upon 1822 receipt by the recipient of eligible program funding for damages 1823 in accordance with the claims filed with the Federal Emergency 1824 Management Agency or an applicable insurance carrier, but no 1825 later than the duration of the loan. 1826 (7) The department may consider, but is not limited to, the 1827 following criteria for evaluation of projects for assistance 1828 from the bank: 1829 (i) The extent to which the project will provide for 1830 connectivity between the State Highway System and airports, 1831 seaports, spaceports, rail facilities, and other transportation 1832 terminals and intermodal options pursuant to s. 341.053 for the 1833 increased accessibility and movement of people and goods. 1834 Section 45. Subsection (11) of section 341.031, Florida 1835 Statutes, is amended to read: 1836 341.031 Definitions relating to Florida Public Transit 1837 Act.—As used in ss. 341.011-341.061, the term: 1838 (11) “Intercity bus service” means regularly scheduled bus 1839 service for the general public which operates with limited stops 1840 over fixed routes connecting two or more urban areas not in 1841 close proximity; has the capacity for transporting baggage 1842 carried by passengers; and makes meaningful connections with 1843 scheduled intercity bus service to more distant points, if such 1844 service is available; maintains scheduled information in the1845National Official Bus Guide; and provides package express1846service incidental to passenger transportation. 1847 Section 46. Section 341.053, Florida Statutes, is amended 1848 to read: 1849 341.053 Intermodal Development Program; administration; 1850 eligible projects; limitations.— 1851 (1) There is created within the Department of 1852 Transportation an Intermodal Development Program to provide for 1853 major capital investments in fixed-guideway transportation 1854 systems, access to seaports, airports, spaceports, and other 1855 transportation terminals, providing for the construction of 1856 intermodal or multimodal terminals; and to plan or fund 1857 construction of airport, spaceport, seaport, transit, and rail 1858 projects thatotherwisefacilitate the intermodal or multimodal 1859 movement of people and goods. 1860 (2) The Intermodal Development Program shall be used for 1861 projects that support statewide goals as outlined in the Florida 1862 Transportation Plan, the Strategic Intermodal System Plan, the 1863 Freight Mobility and Trade Plan, or the appropriate department 1864 modal planIn recognition of the department’s role in the1865economic development of this state, the department shall develop1866a proposed intermodal development plan to connect Florida’s1867airports, deepwater seaports, rail systems serving both1868passenger and freight, and major intermodal connectors to the1869Strategic Intermodal System highway corridors as the primary1870system for the movement of people and freight in this state in1871order to make the intermodal development plan a fully integrated1872and interconnected system.The intermodal development plan must:1873(a) Define and assess the state’s freight intermodal1874network, including airports, seaports, rail lines and terminals,1875intercity bus lines and terminals, and connecting highways.1876(b) Prioritize statewide infrastructure investments,1877including the acceleration of current projects, which are found1878by the Freight Stakeholders Task Force to be priority projects1879for the efficient movement of people and freight.1880(c) Be developed in a manner that will assure maximum use1881of existing facilities and optimum integration and coordination1882of the various modes of transportation, including both1883government-owned and privately owned resources, in the most1884cost-effective manner possible.1885 (3) The Intermodal Development Program shall be 1886 administered by the department. 1887 (4) The department shall review funding requests from a 1888 rail authority created pursuant to chapter 343. The department 1889 may include projects of the authorities, including planning and 1890 design, in the tentative work program. 1891 (5)No single transportation authority operating a fixed1892guideway transportation system, or single fixed-guideway1893transportation system not administered by a transportation1894authority, receiving funds under the Intermodal Development1895Program shall receive more than 331/3percent of the total1896intermodal development funds appropriated between July 1, 1990,1897and June 30, 2015. In determining the distribution of funds1898under the Intermodal Development Program in any fiscal year, the1899department shall assume that future appropriation levels will be1900equal to the current appropriation level.1901(6)The department mayis authorized tofund projects 1902 within the Intermodal Development Program, which are consistent, 1903 to the maximum extent feasible, with approved local government 1904 comprehensive plans of the units of local government in which 1905 the project is located. Projects that are eligible for funding 1906 under this program include planning studies, major capital 1907 investments in public rail and fixed-guideway transportation or 1908 freight facilities and systems which provide intermodal access; 1909 road, rail, intercity bus service, or fixed-guideway access to, 1910 from, or between seaports, airports, spaceports, intermodal 1911 logistics centers, and other transportation terminals; 1912 construction of intermodal or multimodal terminals, including 1913 projects on airports, spaceports, intermodal logistics centers, 1914 or seaports which assist in the movement or transfer of people 1915 or goods; development and construction of dedicated bus lanes; 1916 and projects which otherwise facilitate the intermodal or 1917 multimodal movement of people and goods. 1918 Section 47. Section 343.80, Florida Statutes, is amended to 1919 read: 1920 343.80 Short title.—This part may be cited as the 1921 “Northwest Florida Regional Transportation FinanceCorridor1922 Authority Law.” 1923 Section 48. Section 343.805, Florida Statutes, is amended 1924 to read: 1925 343.805 Definitions.—As used in this part, the term: 1926 (1) “Agency of the state” means the state and any 1927 department of, or corporation, agency, or instrumentality 1928 heretofore or hereafter created, designated, or established by, 1929 the state. 1930 (2) “Authority” means the body politic and corporate and 1931 agency of the state created by this part. 1932 (3) “Bonds” means the notes, bonds, refunding bonds, or 1933 other evidences of indebtedness or obligations, in either 1934 temporary or definitive form, which the authority is authorized 1935 to issue pursuant to this part. 1936 (4) “Department” means the Department of Transportation 1937 existing under chapters 334-339. 1938 (5) “Federal agency” means the United States, the President 1939 of the United States, and any department of, or corporation, 1940 agency, or instrumentality heretofore or hereafter created, 1941 designated, or established by, the United States. 1942 (6) “Limited access expressway” or “expressway” means a 1943 street or highway especially designed for through traffic and 1944 over, from, or to which a person does not have the right of 1945 easement, use, or access except in accordance with the rules 1946 adopted and established by the authority for the use of such 1947 facility. Such highway or street may be a parkway, from which 1948 trucks, buses, and other commercial vehicles are excluded, or it 1949 may be a freeway open to use by all customary forms of street 1950 and highway traffic. 1951 (7) “Members” means the governing body of the authority, 1952 and the term “member” means one of the individuals constituting 1953 such governing body. 1954 (8) “Northwest Florida Regional Transportation Finance 1955 Authority System” or “system” means any and all expressways and 1956 appurtenant facilities thereto owned by the Authority, 1957 including, but not limited to, all approaches, roads, bridges, 1958 and avenues of access for said expressway or expressways. 1959 (9)(8)“State Board of Administration” means the body 1960 corporate existing under the provisions of s. 9, Art. XII of the 1961 State Constitution, or any successor thereto. 1962(9) “U.S. 98 corridor” means U.S. Highway 98 and any feeder1963roads, reliever roads, connector roads, bridges, and other1964transportation appurtenances, existing or constructed in the1965future, that support U.S. Highway 98 in Escambia, Santa Rosa,1966Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla Counties.1967(10) “U.S. 98 corridor system” means any and all1968expressways and appurtenant facilities, including, but not1969limited to, all approaches, roads, bridges, and avenues of1970access for the expressways that are either built by the1971authority or whose ownership is transferred to the authority by1972other governmental or private entities.1973 1974 Terms importing singular number include the plural number in 1975 each case and vice versa, and terms importing persons include 1976 firms and corporations. 1977 Section 49. Section 343.81, Florida Statutes, is amended to 1978 read: 1979 343.81 Northwest Florida Regional Transportation Finance 1980CorridorAuthority.— 1981 (1) There is created and established a body politic and 1982 corporate, an agency of the state, to be known as the Northwest 1983 Florida Regional Transportation FinanceCorridorAuthority, 1984 hereinafter referred to as “the authority.” 1985 (2)(a) The governing body of the authority shall consist of 1986 fiveeightvoting members, two from Okaloosa County and one each 1987 fromEscambia, Santa Rosa, Walton,Okaloosa,Bay, and Gulf,1988Franklin, and WakullaCounties, appointed by the Governor to a 1989 4-year term. The appointees shall be residents of their 1990 respective counties and may not hold an elected office. Upon the 1991 effective date of his or her appointment, or as soon thereafter 1992 as practicable, each appointed member of the authority shall 1993 enter upon his or her duties. Each appointed member shall hold 1994 office until his or her successor has been appointed and has 1995 qualified. A vacancy occurring during a term shall be filled 1996 only for the balance of the unexpired term. Any member of the 1997 authority shall be eligible for reappointment. Members of the 1998 authority may be removed from office by the Governor for 1999 misconduct, malfeasance, misfeasance, or nonfeasance in office. 2000 (b) The district secretary of the Department of 2001 Transportation serving Northwest Florida shall serve as an ex 2002 officio, nonvoting member. 2003 (3)(a) The authority shall elect one of its members as 2004 chair and shall also elect a secretary and a treasurer who may 2005 or may not be members of the authority. The chair, secretary, 2006 and treasurer shall hold such offices at the will of the 2007 authority. 2008 (b) ThreeFivemembers of the authority shall constitute a 2009 quorum, and the vote of at least threeFivemembers shall be 2010 necessary for any action taken by the authority. A vacancy in 2011 the authority does not impair the right of a quorum of the 2012 authority to exercise all of the rights and perform all of the 2013 duties of the authority. 2014 (c) The authority shall meet at least quarterly but may 2015 meet more frequently upon the call of the chair. The authority 2016 should alternate the locations of its meetings among the seven 2017 counties. 2018 (4) Members of the authority shall serve without 2019 compensation but shall be entitled to receive from the authority 2020 their travel expenses and per diem incurred in connection with 2021 the business of the authority, as provided in s. 112.061. 2022 (5) The authority may employ an executive director, an 2023 executive secretary, its own counsel and legal staff, technical 2024 experts, engineers, and such employees, permanent or temporary, 2025 as it may require. The authority shall determine the 2026 qualifications and fix the compensation of such persons, firms, 2027 or corporations and may employ a fiscal agent or agents; 2028 however, the authority shall solicit sealed proposals from at 2029 least three persons, firms, or corporations for the performance 2030 of any services as fiscal agents. The authority may delegate to 2031 one or more of its agents or employees its power as it shall 2032 deem necessary to carry out the purposes of this part, subject 2033 always to the supervision and control of the authority. 2034(6) The authority may establish technical advisory2035committees to provide guidance and advice on corridor-related2036issues. The authority shall establish the size, composition, and2037focus of any technical advisory committee created. A member2038appointed to a technical advisory committee shall serve without2039compensation but shall be entitled to per diem or travel2040expenses, as provided in s.112.061.2041 Section 50. Section 343.82, Florida Statutes, is amended to 2042 read: 2043 343.82 Purposes and powers.— 2044 (1) The authority created and established by the provisions 2045 of this part is hereby granted and shall have the right to 2046 acquire, hold, construct, improve, maintain, operate, own and 2047 lease in the capacity of lessor, the Northwest Florida Regional 2048 Transportation Finance Authority SystemThe primary purpose of2049the authority is to improve mobility on the U.S. 98 corridor in2050Northwest Florida to enhance traveler safety, identify and2051develop hurricane evacuation routes, promote economic2052development along the corridor, and implement transportation2053projects to alleviate current or anticipated traffic congestion. 2054 (2)(a) The authority, in the construction of the Northwest 2055 Florida Regional Transportation Finance Authority System, is 2056 authorized to construct any feeder roads, reliever roads, 2057 connector roads, bypasses, or appurtenant facilitiesthat are2058intended to improve mobility along the U.S. 98 corridor. The 2059 transportation improvement projects may also include all 2060 necessary approaches, roads, bridges, and avenues of access that 2061 are desirable and proper with the concurrence, where applicable, 2062 of the department if the project is to be part of the State 2063 Highway System or the respective county or municipal governing 2064 boards. Any transportation facilities constructed by the 2065 authority may be tolled. 2066 (b) Notwithstanding any special act to the contrary, the 2067 authority shall plan for and study the feasibility of 2068 constructing, operating, and maintaining a bridge or bridges 2069 spanning Choctawhatchee Bayor Santa Rosa Sound, or both,and 2070 access roads to such bridge or bridges, including studying the 2071 environmental and economic feasibility of such bridge or bridges 2072 and access roads, and such other transportation facilities that 2073 become part of such bridge system. The authority may construct, 2074 operate, and maintain the bridge system if the authority 2075 determines that the bridge system project is feasible and 2076 consistent with the authority’s primary purpose and master plan. 2077(3)(a) The authority shall develop and adopt a corridor2078master plan no later than July 1, 2007. The goals and objectives2079of the master plan are to identify areas of the corridor where2080mobility, traffic safety, and efficient hurricane evacuation2081need to be improved; evaluate the economic development potential2082of the corridor and consider strategies to develop that2083potential; develop methods of building partnerships with local2084governments, other state and federal entities, the private2085sector business community, and the public in support of corridor2086improvements; and to identify projects that will accomplish2087these goals and objectives.2088(b) After its adoption, the master plan shall be updated2089annually before July 1 of each year.2090(c) The authority shall present the original master plan2091and updates to the governing bodies of the counties within the2092corridor and to the legislative delegation members representing2093those counties within 90 days after adoption.2094(d) The authority may undertake projects or other2095improvements in the master plan in phases as particular projects2096or segments thereof become feasible, as determined by the2097authority. In carrying out its purposes and powers, the2098authority may request funding and technical assistance from the2099department and appropriate federal and local agencies,2100including, but not limited to, state infrastructure bank loans,2101advances from the Toll Facilities Revolving Trust Fund, and from2102any other sources.2103 (3)(4)The authority is granted and shall have and may 2104 exercise all powers necessary, appurtenant, convenient, or 2105 incidental to the carrying out of the aforesaid purposes, 2106 including, but not limited to, the following rights and powers: 2107 (a) To acquire, hold, construct, improve, maintain, 2108 operate, own, and lease in the capacity of lessor transportation 2109 facilitieswithin the U.S. 98 corridor. 2110 (b) To borrow money and to make and issue negotiable notes, 2111 bonds, refunding bonds, and other evidences of indebtedness or 2112 obligations, either in temporary or definitive form, hereinafter 2113 in this chapter sometimes called “revenue bonds” of the 2114 authority, for the purpose of financing all or part of the 2115 Northwest Florida Regional Transportation Finance Authority 2116 Systemmobility improvements within the U.S. 98 corridor, as 2117 well as the appurtenant facilities, including all approaches, 2118 streets, roads, bridges, and avenues of access authorized by 2119 this part, the bonds to mature not exceeding 40 years after the 2120 date of the issuance thereof, and to secure the payment of such 2121 bonds or any part thereof by a pledge of any or all of its 2122 revenues, rates, fees, rentals, or other charges. 2123 (c) To fix, alter, charge, establish, and collect tolls, 2124 rates, fees, rentals, and other charges for the services and 2125 facilities of the Northwest Florida Regional Transportation 2126 Finance AuthorityCorridorSystem, which rates, fees, rentals, 2127 and other charges shall always be sufficient to comply with any 2128 covenants made with the holders of any bonds issued pursuant to 2129 this part; however, such right and power may be assigned or 2130 delegated by the authority to the department.The authority may2131not impose tolls or other charges on existing highways and other2132transportation facilities within the corridor.2133 (d) To acquire by donation or otherwise, purchase, hold, 2134 lease as lessee, and use any franchise, property, real, 2135 personal, or mixed, tangible or intangible, or any options 2136 thereof in its own name or in conjunction with others, or 2137 interest therein, necessary or desirable for carrying out the 2138 purposes of the authority and to sell, lease as lessor, 2139 transfer, and dispose of any property or interest therein at any 2140 time acquired by the authority, which the authority and the 2141 department have determined is not needed for the construction, 2142 operation, and maintenance of the systemit. 2143 (e) To sue and be sued, implead and be impleaded, complain, 2144 and defend in all courts. 2145 (f) To adopt, use, and alter at will a corporate seal. 2146 (g) To enter into and make leases. 2147(h) To enter into and make lease-purchase agreements with2148the department for terms not exceeding 40 years or until any2149bonds secured by a pledge of rentals thereunder, and any2150refundings thereof, are fully paid as to both principal and2151interest, whichever is longer.2152 (h)(i)To make contracts of every name and nature, 2153 including, but not limited to, partnerships providing for 2154 participation in ownership and revenues, and to execute all 2155 instruments necessary or convenient for the carrying on of its 2156 business. 2157 (i)(j)Without limitation of the foregoing, toborrow money2158andaccept grants from and to enter into contracts, leases, or 2159 other transactions with any federal agency, the state, any 2160 agency of the state, or any other public body of the state. 2161 (j)(k)To have the power of eminent domain, including the 2162 procedural powers granted under chapters 73 and 74. 2163 (k)(l)To pledge, hypothecate, or otherwise encumber all or 2164 any part of the revenues, rates, fees, rentals, or other charges 2165 or receipts of the authority. 2166 (l)(m)To enter into partnership and other agreements 2167 respecting ownership and revenue participation in order to 2168 facilitate financing and constructing any project or portions 2169 thereof. 2170 (m)(n)To participate in agreements with private entities 2171 and to receive private contributions. 2172 (n)(o)To contract with the department or with a private 2173 entity for the operation of traditional and electronic toll 2174 collection facilitiesalong the U.S. 98 corridor. 2175 (o)(p)To do all acts and things necessary or convenient 2176 for the conduct of its business and the general welfare of the 2177 authority in order to carry out the powers granted to it by this 2178 part or any other law. 2179 (p)(q)To construct, operate, and maintain roads, bridges, 2180 avenues of access, thoroughfares, and boulevards and to 2181 construct, repair, replace, operate, install, and maintain 2182 electronic toll payment systems thereon, with all necessary and 2183 incidental powers to accomplish the foregoing. 2184 (4)(5)The authority does not have power at any time or in 2185 any manner to pledge the credit or taxing power of the state or 2186 any political subdivision or agency thereof, nor shall any of 2187 the authority’s obligations be deemed to be obligations of the 2188 state or of any political subdivision or agency thereof, nor 2189 shall the state or any political subdivision or agency thereof, 2190 except the authority, be liable for the payment of the principal 2191 of or interest on such obligations. 2192 Section 51. Section 343.83, Florida Statutes, is amended to 2193 read: 2194 343.83 Improvements, bond financing authority.—Pursuant to 2195 s. 11(f), Art. VII of the State Constitution, the Legislature 2196 approves bond financing by the Northwest Florida Regional 2197 Transportation FinanceCorridorAuthority for improvements to 2198 toll collection facilities, interchanges to the legislatively 2199 approved system, and any other facility appurtenant, necessary, 2200 or incidental to the approved system. Subject to terms and 2201 conditions of applicable revenue bond resolutions and covenants, 2202 such costs may be financed in whole or in part by revenue bonds 2203 issued pursuant to s. 343.835(1)(a) or (b) whether currently 2204 issued or issued in the future or by a combination of such 2205 bonds. 2206 Section 52. Subsections (2) and (3) of section 343.835, 2207 Florida Statutes, is amended to read: 2208 343.835 Bonds of the authority.— 2209 (2) Any such resolution or resolutions authorizing any 2210 bonds hereunder may contain provisions that are part of the 2211 contract with the holders of such bonds, as to: 2212 (a) The pledging of all or any part of the revenues, rates, 2213 fees, rentals, or other charges or receipts of the authority,2214derived by the authority for the U.S. 98 corridor improvements. 2215 (b) The completion, improvement, operation, extension, 2216 maintenance, repair, or lease of the system, and the duties of 2217 the authority and others with reference thereto. 2218 (c) Limitations on the purposes to which the proceeds of 2219 the bonds, then or thereafter to be issued, or of any loan or 2220 grant by the United States or the state may be applied. 2221 (d) The fixing, charging, establishing, and collecting of 2222 rates, fees, rentals, or other charges for use of the services 2223 and facilities owned or providedconstructedby the authority. 2224 (e) The setting aside of reserves or sinking funds or 2225 repair and replacement funds and the regulation and disposition 2226 thereof. 2227 (f) Limitations on the issuance of additional bonds. 2228 (g) The terms and provisions of any lease-purchase 2229 agreement, deed of trust, or indenture securing the bonds or 2230 under which the same may be issued. 2231 (h) Any other or additional agreements with the holders of 2232 the bonds which the authority may deem desirable and proper. 2233 (3) The authority may employ fiscal agents as provided by 2234 this part or the State Board of Administration may, upon request 2235 of the authority, act as fiscal agent for the authority in the 2236 issuance of any bonds that are issued pursuant to this part, and 2237 the State Board of Administration may, upon request of the 2238 authority, take over the management, control, administration, 2239 custody, and payment of any or all debt services or funds or 2240 assets now or hereafter available for any bonds issued pursuant 2241 to this part. The authority may enter into any deeds of trust, 2242 indentures, or other agreements with its fiscal agent, or with 2243 any bank or trust company within or without the state, as 2244 security for such bonds and may, under such agreements, sign and 2245 pledge all or any of the revenues, rates, fees, rentals, or 2246 other charges or receipts of the authority. Such deed of trust, 2247 indenture, or other agreement may contain such provisions as are 2248 customary in such instruments or, as the authority authorizes, 2249 including, but without limitation, provisions as to: 2250 (a) The completion, improvement, operation, extension, 2251 maintenance, repair, and lease of the systemU.S. 98 corridor2252improvementsand the duties of the authority and others with 2253 reference thereto. 2254 (b) The application of funds and the safeguarding of funds 2255 on hand or on deposit. 2256 (c) The rights and remedies of the trustee and the holders 2257 of the bonds. 2258 (d) The terms and provisions of the bonds or the 2259 resolutions authorizing the issuance of the bonds. 2260 Section 53. Section 343.84, Florida Statutes, is amended to 2261 read: 2262 343.84 Department to construct, operate, and maintain 2263 facilitiesmay be appointed agent of authority for2264construction.— 2265 (1) The department is the agent ofmay be appointed bythe 2266 authorityas its agentfor the purpose of constructing 2267 improvements and extensions to the system and for the completion 2268 thereof.In such event,The authority shall provide the 2269 department with complete copies of all documents, agreements, 2270 resolutions, contracts, and instruments relating thereto, shall 2271 request the department to do such construction work, including 2272 the planning, surveying, and actual construction of the 2273 completion, extensions, and improvements to the system, and 2274 shall transfer to the credit of an account of the department in 2275 the treasury of the state the necessary funds therefor. The 2276 department shall proceed with such construction and use the 2277 funds for such purpose in the same manner that it is now 2278 authorized to use the funds otherwise provided by law for its 2279 use in construction of roads and bridges. The authority may 2280 alternatively, with the consent and approval of the department, 2281 elect to appoint a local agency certified by the department to 2282 administer federal aid projects in accordance with federal law 2283 as the authority’s agent for the purpose of performing each 2284 phase of a project. 2285 (2) Notwithstanding the provisions of subsection (1), the 2286 department is the agent of the authority for the purpose of 2287 operating and maintaining the system. The department shall 2288 operate and maintain the system, and the costs incurred by the 2289 department for operation and maintenance shall be reimbursed 2290 from revenues of the system. The appointment of the department 2291 as agent for the authority does not create an independent 2292 obligation of the department to operate and maintain the system. 2293 The authority shall remain obligated as principal to operate and 2294 maintain its system, and, except as otherwise provided by the 2295 lease-purchase agreement between the department and the Mid-Bay 2296 Bridge Authority in connection with its issuance of bonds, the 2297 authority’s bondholders do not have an independent right to 2298 compel the department to operate and maintain any part of the 2299 authority’s system. 2300 (3) The authority shall fix, alter, charge, establish, and 2301 collect tolls, rates, fees, rentals, and other charges for the 2302 authority’s facilities, as otherwise provided in this part. 2303 Section 54. Subsection (1) of section 343.85, Florida 2304 Statutes, is amended to read: 2305 343.85 Acquisition of lands and property.— 2306 (1) For the purposes of this part, the Northwest Florida 2307 Regional Transportation FinanceCorridorAuthority may acquire 2308 private or public property and property rights, including rights 2309 of access, air, view, and light, by gift, devise, purchase, or 2310 condemnation by eminent domain proceedings, as the authority may 2311 deem necessary for any purpose of this part, including, but not 2312 limited to, any lands reasonably necessary for securing 2313 applicable permits, areas necessary for management of access, 2314 borrow pits, drainage ditches, water retention areas, rest 2315 areas, replacement access for landowners whose access is 2316 impaired due to the construction of a facility, and replacement 2317 rights-of-way for relocated rail and utility facilities; for 2318 existing, proposed, or anticipated transportation facilities 2319within the U.S. 98 transportation corridor designated by the2320authority; or for the purposes of screening, relocation, 2321 removal, or disposal of junkyards and scrap metal processing 2322 facilities. The authority may condemn any material and property 2323 necessary for such purposes. 2324 Section 55. Section 343.875, Florida Statutes, is repealed. 2325 Section 56. Subsection (3) of section 343.89, Florida 2326 Statutes, is amended to read: 2327 343.89 Complete and additional statutory authority.— 2328 (3) This part does not preclude the department from 2329 acquiring, holding, constructing, improving, maintaining, 2330 operating, or owning tolled or nontolled facilities funded and 2331 constructed from nonauthority sources that are part of the State 2332 Highway System within the geographical boundaries of the 2333 Northwest Florida Regional Transportation FinanceCorridor2334 Authority. 2335 Section 57. Subsection (4) of section 343.922, Florida 2336 Statutes, is amended to read: 2337 343.922 Powers and duties.— 2338 (4) The authority may undertake projects or other 2339 improvements in the master plan in phases as particular projects 2340 or segments become feasible, as determined by the authority. The 2341 authority shall coordinate project planning, development, and 2342 implementation with the applicable local governments. The 2343 authority’s projects that are transportation oriented shall be 2344 consistent to the maximum extent feasible with the adopted local 2345 government comprehensive plans at the time they are funded for 2346 construction. Authority projects that are not transportation 2347 oriented and meet the definition of development pursuant to s. 2348 380.04 shall be consistent with the local comprehensive plans. 2349 In carrying out its purposes and powers, the authority may 2350 request funding and technical assistance from the department and 2351 appropriate federal and local agencies, including, but not 2352 limited to, state infrastructure bank loans, advances from the2353Toll Facilities Revolving Trust Fund,and funding and technical 2354 assistance from any other source. 2355 Section 58. Chapter 345, Florida Statutes, consisting of 2356 sections 345.0001, 345.0002, 345.0003, 345.0004, 345.0005, 2357 345.0006, 345.0007, 345.0008, 345.0009, 345.0010, 345.0011, 2358 345.0012, 345.0013, 345.0014, 345.0015, and 345.0016, is created 2359 to read: 2360 345.0001 Short title.—This act may be cited as the “Florida 2361 Regional Transportation Finance Authority Act.” 2362 345.0002 Definitions.—As used in this chapter, the term: 2363 (1) “Agency of the state” means the state and any 2364 department of, or any corporation, agency, or instrumentality 2365 heretofore or hereafter created, designated, or established by, 2366 the state. 2367 (2) “Area served” means the geographical area of the 2368 counties for which an authority is established. 2369 (3) “Authority” means a regional transportation finance 2370 authority, a body politic and corporate, and an agency of the 2371 state, established pursuant to the Florida Regional 2372 Transportation Finance Authority Act. 2373 (4) “Bonds” means the notes, bonds, refunding bonds, or 2374 other evidences of indebtedness or obligations, in temporary or 2375 definitive form, which an authority may issue pursuant to this 2376 act. 2377 (5) “Department” means the Department of Transportation of 2378 Florida and any successor thereto. 2379 (6) “Division” means the Division of Bond Finance of the 2380 State Board of Administration. 2381 (7) “Federal agency” means the United States, the President 2382 of the United States, and any department of, or any bureau, 2383 corporation, agency, or instrumentality heretofore or hereafter 2384 created, designated, or established by, the United States. 2385 (8) “Members” means the governing body of an authority, and 2386 the term “member” means one of the individuals constituting such 2387 governing body. 2388 (9) “Regional system” or “system” means, generally, a 2389 modern tolled highway system of roads, bridges, causeways, and 2390 tunnels within any area of the authority, with access limited or 2391 unlimited as an authority may determine, and the buildings and 2392 structures and appurtenances and facilities related to the 2393 system, including all approaches, streets, roads, bridges, and 2394 avenues of access for the system. 2395 (10) “Revenues” means the tolls, revenues, rates, fees, 2396 charges, receipts, rentals, contributions, and other income 2397 derived from or in connection with the operation or ownership of 2398 a regional system, including the proceeds of any use and 2399 occupancy insurance on any portion of the system but excluding 2400 state funds available to an authority and any other municipal or 2401 county funds available to an authority under an agreement with a 2402 municipality or county. 2403 345.0003 Regional transportation finance authority; 2404 formation; membership.— 2405 (1) A county, or two or more contiguous counties, may, 2406 after the approval of the Legislature, form a regional 2407 transportation finance authority for the purposes of financing, 2408 constructing, maintaining, and operating transportation projects 2409 in a region of this state. An authority shall be governed in 2410 accordance with the provisions of this chapter. An authority may 2411 not be created without the approval of the Legislature and the 2412 approval of the county commission of each county that will be a 2413 part of the authority. An authority may not be created to serve 2414 a particular area of this state as provided by this subsection 2415 if a regional transportation finance authority has been created 2416 and is operating within all or a portion of the same area served 2417 pursuant to an act of the Legislature. Each authority shall be 2418 the only authority created and operating pursuant to this 2419 chapter within the area served by the authority. 2420 (2) The governing body of an authority shall consist of a 2421 board of voting members as follows: 2422 (a) The county commission of each county in the area served 2423 by the authority shall each appoint a member who must be a 2424 resident of the county from which he or she is appointed. The 2425 county commission of each county with a total population of more 2426 than 250,000 shall appoint a second member who must be a 2427 resident of the county. If possible, the member must represent 2428 the business and civic interests of the community. 2429 (b) The Governor shall appoint an equal number of members 2430 to the board as those appointed by the county commissions. The 2431 members appointed by the Governor must be residents of the area 2432 served by the authority. 2433 (c) The secretary of the Department of Transportation shall 2434 appoint one of the district secretaries, or his or her designee, 2435 for the districts within which the area served by the authority 2436 is located. 2437 (3) The term of office of each member shall be for 4 years 2438 or until his or her successor is appointed and qualified. 2439 (4) A member may not hold an elected office. 2440 (5) A vacancy occurring in the governing body before the 2441 expiration of the member’s term shall be filled by the 2442 respective appointing authority in the same manner as the 2443 original appointment and only for the balance of the unexpired 2444 term. 2445 (6) Each member, before entering upon his or her official 2446 duties, must take and subscribe to an oath before an official 2447 authorized by law to administer oaths that he or she will 2448 honestly, faithfully, and impartially perform the duties 2449 devolving upon him or her in office as a member of the governing 2450 body of the authority and that he or she will not neglect any 2451 duties imposed upon him or her by this chapter. 2452 (7) A member of an authority may be removed from office by 2453 the Governor for misconduct, malfeasance, misfeasance, or 2454 nonfeasance in office. 2455 (8) The members of the authority shall designate one of its 2456 members as chair. 2457 (9) The members of the authority shall serve without 2458 compensation, but shall be entitled to reimbursement for per 2459 diem and other expenses in accordance with s. 112.061 while in 2460 performance of their duties. 2461 (10) A majority of the members of the authority constitutes 2462 a quorum, and resolutions enacted or adopted by a vote of a 2463 majority of the members present and voting at any meeting become 2464 effective without publication, posting, or any further action of 2465 the authority. 2466 345.0004 Powers and duties.— 2467 (1)(a) An authority created and established, or governed, 2468 by the Florida Regional Transportation Finance Authority Act 2469 shall plan, develop, finance, construct, reconstruct, improve, 2470 own, operate, and maintain a regional system in the area served 2471 by the authority. 2472 (b) An authority may not exercise the powers in paragraph 2473 (a) with respect to an existing system for transporting people 2474 and goods by any means that is owned by another entity without 2475 the consent of that entity. If an authority acquires, purchases, 2476 or inherits an existing entity, the authority shall also inherit 2477 and assume all rights, assets, appropriations, privileges, and 2478 obligations of the existing entity. 2479 (2) Each authority may exercise all powers necessary, 2480 appurtenant, convenient, or incidental to the carrying out of 2481 the purposes of this section, including, but not limited to, the 2482 following rights and powers: 2483 (a) To sue and be sued, implead and be impleaded, and 2484 complain and defend in all courts in its own name. 2485 (b) To adopt and use a corporate seal. 2486 (c) To have the power of eminent domain, including the 2487 procedural powers granted under chapters 73 and 74. 2488 (d) To acquire, purchase, hold, lease as a lessee, and use 2489 any property, real, personal, or mixed, tangible or intangible, 2490 or any interest therein, necessary or desirable for carrying out 2491 the purposes of the authority. 2492 (e) To sell, convey, exchange, lease, or otherwise dispose 2493 of any real or personal property acquired by the authority, 2494 which the authority and the department have determined is not 2495 needed for the construction, operation, and maintenance of the 2496 system, including air rights. 2497 (f) To fix, alter, charge, establish, and collect rates, 2498 fees, rentals, and other charges for the use of any system owned 2499 or operated by the authority, which rates, fees, rentals, and 2500 other charges must always be sufficient to comply with any 2501 covenants made with the holders of any bonds issued pursuant to 2502 this act; however, such right and power may be assigned or 2503 delegated by the authority to the department. 2504 (g) To borrow money, make and issue negotiable notes, 2505 bonds, refunding bonds, and other evidences of indebtedness or 2506 obligations, in temporary or definitive form, for the purpose of 2507 financing all or part of the improvement of the authority’s 2508 system and appurtenant facilities, including the approaches, 2509 streets, roads, bridges, and avenues of access for the system 2510 and for any other purpose authorized by this chapter, the bonds 2511 to mature in not exceeding 30 years after the date of the 2512 issuance thereof, and to secure the payment of such bonds or any 2513 part thereof by a pledge of its revenues, rates, fees, rentals, 2514 or other charges, including municipal or county funds received 2515 by the authority pursuant to the terms of an agreement between 2516 the authority and a municipality or county; and, in general, to 2517 provide for the security of the bonds and the rights and 2518 remedies of the holders of the bonds; however, municipal or 2519 county funds may not be pledged for the construction of a 2520 project for which a toll is to be charged unless the anticipated 2521 tolls are reasonably estimated by the governing board of the 2522 municipality or county, at the date of its resolution pledging 2523 said funds, to be sufficient to cover the principal and interest 2524 of such obligations during the period when the pledge of funds 2525 is in effect. An authority shall reimburse a municipality or 2526 county for sums expended from municipal or county funds used for 2527 the payment of the bond obligations. 2528 (h) To make contracts of every name and nature, including, 2529 but not limited to, partnerships providing for participation in 2530 ownership and revenues, and to execute each instrument necessary 2531 or convenient for the conduct of its business. 2532 (i) Without limitation of the foregoing, to cooperate with, 2533 accept grants from, and to enter into contracts or other 2534 transactions with any federal agency, the state, or any agency 2535 or any other public body of the state. 2536 (j) To employ an executive director, attorney, staff, and 2537 consultants. Upon the request of an authority, the department 2538 shall furnish the services of a department employee to act as 2539 the executive director of the authority. 2540 (k) To accept funds or other property from private 2541 donations. 2542 (l) To do all acts and things necessary or convenient for 2543 the conduct of its business and the general welfare of the 2544 authority, in order to carry out the powers granted to it by 2545 this act or any other law. 2546 (3) An authority does not have the power at any time or in 2547 any manner to pledge the credit or taxing power of the state or 2548 any political subdivision or agency thereof. Obligations of the 2549 authority may not be deemed to be obligations of the state or of 2550 any other political subdivision or agency thereof. The state or 2551 any political subdivision or agency thereof, except the 2552 authority, is not liable for the payment of the principal of or 2553 interest on such obligations. 2554 (4) An authority has no power, other than by consent of the 2555 affected county or an affected municipality, to enter into an 2556 agreement that would legally prohibit the construction of a road 2557 by the county or the municipality. 2558 (5) An authority formed pursuant to this chapter shall 2559 comply with the statutory requirements of general application 2560 which relate to the filing of a report or documentation required 2561 by law, including the requirements of ss. 189.4085, 189.415, 2562 189.417, and 189.418. 2563 345.0005 Bonds.— 2564 (1)(a) Bonds may be issued on behalf of an authority 2565 pursuant to the State Bond Act. 2566 (b) An authority may also issue bonds in such principal 2567 amount as is necessary, in the opinion of the authority, to 2568 provide sufficient moneys for achieving its corporate purposes, 2569 including construction, reconstruction, improvement, extension, 2570 and repair of the system; the cost of acquisition of all real 2571 property; interest on bonds during construction and for a 2572 reasonable period thereafter, and establishment of reserves to 2573 secure bonds; and all other expenditures of the authority 2574 incident to and necessary or convenient to carry out its 2575 corporate purposes and powers. 2576 (2)(a) Bonds issued by an authority pursuant to paragraph 2577 (1)(a) or paragraph (1)(b) must be authorized by resolution of 2578 the members of the authority and must bear such date or dates; 2579 mature at such time or times, not exceeding 30 years after their 2580 respective dates; bear interest at such rate or rates, not 2581 exceeding the maximum rate fixed by general law for authorities; 2582 be in such denominations; be in such form, either coupon or 2583 fully registered; carry such registration, exchangeability and 2584 interchangeability privileges; be payable in such medium of 2585 payment and at such place or places; be subject to such terms of 2586 redemption; and be entitled to such priorities of lien on the 2587 revenues and other available moneys as such resolution or any 2588 resolution subsequent to the bonds’ issuance may provide. The 2589 bonds shall be executed either by manual or facsimile signature 2590 by such officers as the authority shall determine, provided that 2591 such bonds bear at least one signature that is manually executed 2592 thereon. The coupons attached to such bonds shall bear the 2593 facsimile signature or signatures of such officer or officers as 2594 designated by the authority. Such bonds shall have the seal of 2595 the authority affixed, imprinted, reproduced, or lithographed 2596 thereon. 2597 (b) Bonds issued pursuant to paragraph (1)(a) or paragraph 2598 (1)(b) must be sold at public sale in the same manner provided 2599 in the State Bond Act. Pending the preparation of definitive 2600 bonds, temporary bonds or interim certificates may be issued to 2601 the purchaser or purchasers of such bonds and may contain terms 2602 and conditions as the authority may determine. 2603 (3) A resolution that authorizes any bonds may contain 2604 provisions that must be part of the contract with the holders of 2605 the bonds, as to: 2606 (a) The pledging of all or any part of the revenues, 2607 available municipal or county funds, or other charges or 2608 receipts of the authority derived from the regional system. 2609 (b) The construction, reconstruction, improvement, 2610 extension, repair, maintenance, and operation of the system, or 2611 any part or parts of the system, and the duties and obligations 2612 of the authority with reference thereto. 2613 (c) Limitations on the purposes to which the proceeds of 2614 the bonds, then or thereafter issued, or of any loan or grant by 2615 any federal agency or the state or any political subdivision of 2616 the state may be applied. 2617 (d) The fixing, charging, establishing, revising, 2618 increasing, reducing, and collecting of tolls, rates, fees, 2619 rentals, or other charges for use of the services and facilities 2620 of the system or any part of the system. 2621 (e) The setting aside of reserves or of sinking funds and 2622 the regulation and disposition of the reserves or sinking funds. 2623 (f) Limitations on the issuance of additional bonds. 2624 (g) The terms and provisions of any deed of trust or 2625 indenture securing the bonds, or under which the bonds may be 2626 issued. 2627 (h) Any other or additional matters, of like or different 2628 character, which in any way affect the security or protection of 2629 the bonds. 2630 (4) The authority may enter into any deeds of trust, 2631 indentures, or other agreements with any bank or trust company 2632 within or without the state, as security for such bonds, and 2633 may, under such agreements, assign and pledge any of the 2634 revenues and other available moneys, including any available 2635 municipal or county funds, pursuant to the terms of this 2636 chapter. The deed of trust, indenture, or other agreement may 2637 contain provisions that are customary in such instruments or 2638 that the authority may authorize, including, but without 2639 limitation, provisions that: 2640 (a) Pledge any part of the revenues or other moneys 2641 lawfully available therefor. 2642 (b) Apply funds and safeguard funds on hand or on deposit. 2643 (c) Provide for the rights and remedies of the trustee and 2644 the holders of the bonds. 2645 (d) Provide for the terms and provisions of the bonds or 2646 for resolutions authorizing the issuance of the bonds. 2647 (e) Provide for any other or additional matters, of like or 2648 different character, which affect the security or protection of 2649 the bonds. 2650 (5) Any bonds issued pursuant to this act are negotiable 2651 instruments and have all the qualities and incidents of 2652 negotiable instruments under the law merchant and the negotiable 2653 instruments law of the state. 2654 (6) A resolution that authorizes the issuance of authority 2655 bonds and pledges the revenues of the system must require that 2656 revenues of the system be periodically deposited into 2657 appropriate accounts in such sums as are sufficient to pay the 2658 costs of operation and maintenance of the system for the current 2659 fiscal year as set forth in the annual budget of the authority 2660 and to reimburse the department for any unreimbursed costs of 2661 operation and maintenance of the system from prior fiscal years 2662 before revenues of the system are deposited into accounts for 2663 the payment of interest or principal owing or that may become 2664 owing on such bonds. 2665 (7) State funds may not be used or pledged to pay the 2666 principal or interest of any authority bonds, and all such bonds 2667 must contain a statement on their face to this effect. 2668 345.0006 Remedies of bondholders.— 2669 (1) The rights and the remedies granted to authority 2670 bondholders under this chapter are in addition to and not in 2671 limitation of any rights and remedies lawfully granted to such 2672 bondholders by the resolution or indenture providing for the 2673 issuance of bonds, or by any deed of trust, indenture, or other 2674 agreement under which the bonds may be issued or secured. If an 2675 authority defaults in the payment of the principal of or 2676 interest on any of the bonds issued pursuant to this chapter 2677 after such principal of or interest on the bonds becomes due, 2678 whether at maturity or upon call for redemption, as provided in 2679 the resolution or indenture, and such default continues for 30 2680 days, or in the event that the authority fails or refuses to 2681 comply with the provisions of this chapter or any agreement made 2682 with, or for the benefit of, the holders of the bonds, the 2683 holders of 25 percent in aggregate principal amount of the bonds 2684 then outstanding shall be entitled as of right to the 2685 appointment of a trustee to represent such bondholders for the 2686 purposes of the default provided that the holders of 25 percent 2687 in aggregate principal amount of the bonds then outstanding 2688 first gave written notice of their intention to appoint a 2689 trustee, to the authority and to the department. 2690 (2) The trustee, and any trustee under any deed of trust, 2691 indenture, or other agreement, may, and upon written request of 2692 the holders of 25 percent, or such other percentages specified 2693 in any deed of trust, indenture, or other agreement, in 2694 principal amount of the bonds then outstanding, shall, in any 2695 court of competent jurisdiction, in his, her, or its own name: 2696 (a) By mandamus or other suit, action, or proceeding at 2697 law, or in equity, enforce all rights of the bondholders, 2698 including the right to require the authority to fix, establish, 2699 maintain, collect, and charge rates, fees, rentals, and other 2700 charges, adequate to carry out any agreement as to, or pledge 2701 of, the revenues, and to require the authority to carry out any 2702 other covenants and agreements with or for the benefit of the 2703 bondholders, and to perform its and their duties under this 2704 chapter. 2705 (b) Bring suit upon the bonds. 2706 (c) By action or suit in equity, require the authority to 2707 account as if it were the trustee of an express trust for the 2708 bondholders. 2709 (d) By action or suit in equity, enjoin any acts or things 2710 that may be unlawful or in violation of the rights of the 2711 bondholders. 2712 (3) A trustee, if appointed pursuant to this section or 2713 acting under a deed of trust, indenture, or other agreement, and 2714 whether or not all bonds have been declared due and payable, 2715 shall be entitled as of right to the appointment of a receiver. 2716 The receiver may enter upon and take possession of the system or 2717 the facilities or any part or parts of the system, the revenues 2718 and other pledged moneys, for and on behalf of and in the name 2719 of, the authority and the bondholders. The receiver may collect 2720 and receive all revenues and other pledged moneys in the same 2721 manner as the authority. The receiver shall deposit all such 2722 revenues and moneys in a separate account and apply all such 2723 revenues and moneys remaining after allowance for payment of all 2724 costs of operation and maintenance of the system in such manner 2725 as the court directs. In a suit, action, or proceeding by the 2726 trustee, the fees, counsel fees, and expenses of the trustee, 2727 and said receiver, if any, and all costs and disbursements 2728 allowed by the court must be a first charge on any revenues 2729 after payment of the costs of operation and maintenance of the 2730 system. The trustee also has all other powers necessary or 2731 appropriate for the exercise of any functions specifically set 2732 forth in this section or incident to the representation of the 2733 bondholders in the enforcement and protection of their rights. 2734 (4) This section or any other section of this chapter does 2735 not authorize a receiver appointed pursuant to this section for 2736 the purpose of operating and maintaining the system or any 2737 facilities or parts thereof to sell, assign, mortgage, or 2738 otherwise dispose of any of the assets belonging to the 2739 authority. The powers of the receiver are limited to the 2740 operation and maintenance of the system, or any facility or 2741 parts thereof and to the collection and application of revenues 2742 and other moneys due the authority, in the name and for and on 2743 behalf of the authority and the bondholders. A holder of bonds 2744 or any trustee does not have the right in any suit, action, or 2745 proceeding, at law or in equity, to compel a receiver, or a 2746 receiver may not be authorized or a court may not direct a 2747 receiver to, sell, assign, mortgage, or otherwise dispose of any 2748 assets of whatever kind or character belonging to the authority. 2749 345.0007 Department to construct, operate, and maintain 2750 facilities.— 2751 (1) The department is the agent of each authority for the 2752 purpose of performing each phase of a project, including, but 2753 not limited to, constructing improvements and extensions to the 2754 system. The authority shall provide to the department complete 2755 copies of the documents, agreements, resolutions, contracts, and 2756 instruments that relate to the project and shall request that 2757 the department perform the construction work, including the 2758 planning, surveying, design, and actual construction of the 2759 completion, extensions, and improvements to the system. After 2760 the issuance of bonds to finance construction of an improvement 2761 or addition to the system, the authority shall transfer to the 2762 credit of an account of the department in the State Treasury the 2763 necessary funds for construction. The department shall proceed 2764 with construction and use the funds for the purpose authorized 2765 and as otherwise provided by law for construction of roads and 2766 bridges. An authority may alternatively, with the consent and 2767 approval of the department, elect to appoint a local agency 2768 certified by the department to administer federal aid projects 2769 in accordance with federal law as the authority’s agent for the 2770 purpose of performing each phase of a project. 2771 (2) Notwithstanding the provisions of subsection (1), the 2772 department is the agent of each authority for the purpose of 2773 operating and maintaining the system. The department shall 2774 operate and maintain the system, and the costs incurred by the 2775 department for operation and maintenance shall be reimbursed 2776 from revenues of the system. The appointment of the department 2777 as agent for each authority does not create an independent 2778 obligation of the department to operate and maintain a system. 2779 Each authority shall remain obligated as principal to operate 2780 and maintain its system, and an authority’s bondholders do not 2781 have an independent right to compel the department to operate or 2782 maintain the authority’s system. 2783 (3) Each authority shall fix, alter, charge, establish, and 2784 collect tolls, rates, fees, rentals, and other charges for the 2785 authority’s facilities, as otherwise provided in this chapter. 2786 345.0008 Department contributions to authority projects.— 2787 (1) The department may agree with an authority to provide 2788 for or contribute to the payment of costs of financial or 2789 engineering and traffic feasibility studies and the design, 2790 financing, acquisition, or construction of an authority project 2791 or system included in the 10-year Strategic Intermodal Plan, 2792 subject to appropriation by the Legislature. 2793 (a) In the manner required by chapter 216, the department 2794 shall include any issue in its legislative budget request for 2795 funding the payment of costs of financial or engineering and 2796 traffic feasibility studies and the design, financing, 2797 acquisition, or construction of an authority project or system. 2798 The request for funding may be included as part of the 5-year 2799 Tentative Work Program; however, it will be decided upon 2800 separately as a distinct funding item for consideration by the 2801 Legislature. The department shall include a financial 2802 feasibility test to accompany such legislative budget request 2803 for consideration of funding any authority project. 2804 (b) As determined by the Legislature in the General 2805 Appropriations Act, funding provided for authority projects must 2806 be appropriated in a specific fixed capital outlay appropriation 2807 category that clearly identifies the authority project. 2808 (c) The department may not request legislative approval of 2809 acquisition or construction of a proposed authority project 2810 unless the estimated net revenues of the proposed project will 2811 be sufficient to pay at least 50 percent of the annual debt 2812 service on the bonds associated with the project by the end of 2813 the 12th year of operation and to pay at least 100 percent of 2814 the debt service on the bonds by the end of the 30th year of 2815 operation. 2816 (2) The department may use its engineering and other 2817 personnel, including consulting engineers and traffic engineers, 2818 to conduct feasibility studies under subsection (1). The 2819 department may participate in authority-funded projects that, at 2820 a minimum: 2821 (a) Serve national, statewide, or regional functions and 2822 function as part of an integrated regional transportation 2823 system. 2824 (b) Are identified in the capital improvements element of a 2825 comprehensive plan that has been determined to be in compliance 2826 with part II of chapter 163. Further, the project must be in 2827 compliance with local government comprehensive plan policies 2828 relative to corridor management. 2829 (c) Are consistent with the Strategic Intermodal System 2830 Plan developed under s. 339.64. 2831 (d) Have a commitment for local, regional, or private 2832 financial matching funds as a percentage of the overall project 2833 cost. 2834 (3) Before approval, the department must determine that the 2835 proposed project: 2836 (a) Is in the public’s best interest; 2837 (b) Would not require state funds to be used unless the 2838 project is on the State Highway System; 2839 (c) Would have adequate safeguards in place to ensure that 2840 additional costs or service disruptions would not be realized by 2841 the traveling public and residents of the state in the event of 2842 default or cancellation of the agreement by the department; and 2843 (d) Would have adequate safeguards in place to ensure that 2844 the department and the regional transportation finance authority 2845 have the opportunity to add capacity to the proposed project and 2846 other transportation facilities serving similar origins and 2847 destinations. 2848 (4) An obligation or expense incurred by the department 2849 under this section is a part of the cost of the authority 2850 project for which the obligation or expense was incurred. The 2851 department may require money contributed by the department under 2852 this section to be repaid from tolls of the project on which the 2853 money was spent, other revenue of the authority, or other 2854 sources of funds. 2855 (5) The department shall receive from an authority a share 2856 of the authority’s net revenues equal to the ratio of the 2857 department’s total contributions to the authority under this 2858 section to the sum of: the department’s total contributions 2859 under this section; contributions by any local government to the 2860 cost of revenue producing authority projects; and the sale 2861 proceeds of authority bonds after payment of costs of issuance. 2862 For the purpose of this subsection, net revenues are gross 2863 revenues of an authority after payment of debt service, 2864 administrative expenses, operations and maintenance expenses, 2865 and all reserves required to be established under any resolution 2866 under which authority bonds are issued. 2867 345.0009 Acquisition of lands and property.— 2868 (1) For the purposes of this chapter, an authority may 2869 acquire private or public property and property rights, 2870 including rights of access, air, view, and light, by gift, 2871 devise, purchase, condemnation by eminent domain proceedings, or 2872 transfer from another political subdivision of the state, as the 2873 authority may deem necessary for any of the purposes of this 2874 chapter, including, but not limited to, any lands reasonably 2875 necessary for securing applicable permits, areas necessary for 2876 management of access, borrow pits, drainage ditches, water 2877 retention areas, rest areas, replacement access for landowners 2878 whose access is impaired due to the construction of a facility, 2879 and replacement rights-of-way for relocated rail and utility 2880 facilities; for existing, proposed, or anticipated 2881 transportation facilities on the system or in a transportation 2882 corridor designated by the authority; or for the purposes of 2883 screening, relocation, removal, or disposal of junkyards and 2884 scrap metal processing facilities. Each authority shall also 2885 have the power to condemn any material and property necessary 2886 for such purposes. 2887 (2) An authority shall exercise the right of eminent domain 2888 conferred under this section in the manner provided by law. 2889 (3) If an authority acquires property for a transportation 2890 facility or in a transportation corridor, it is not subject to 2891 any liability imposed by chapter 376 or chapter 403 for 2892 preexisting soil or groundwater contamination due solely to its 2893 ownership. This section does not affect the rights or 2894 liabilities of any past or future owners of the acquired 2895 property or affect the liability of any governmental entity for 2896 the results of its actions which create or exacerbate a 2897 pollution source. An authority and the Department of 2898 Environmental Protection may enter into interagency agreements 2899 for the performance, funding, and reimbursement of the 2900 investigative and remedial acts necessary for property acquired 2901 by the authority. 2902 345.0010 Cooperation with other units, boards, agencies, 2903 and individuals.—A county, municipality, drainage district, road 2904 and bridge district, school district, or any other political 2905 subdivision, board, commission, or individual in, or of, the 2906 state may make and enter into a contract, lease, conveyance, 2907 partnership, or other agreement with an authority within the 2908 provisions and purposes of this chapter. Each authority may make 2909 and enter into contracts, leases, conveyances, partnerships, and 2910 other agreements with any political subdivision, agency, or 2911 instrumentality of the state and any federal agency, 2912 corporation, and individual, to carry out the purposes of this 2913 chapter. 2914 345.0011 Covenant of the state.—The state pledges to, and 2915 agrees with, any person, firm, or corporation, or federal or 2916 state agency subscribing to, or acquiring the bonds to be issued 2917 by an authority for the purposes of this chapter that the state 2918 will not limit or alter the rights vested by this chapter in the 2919 authority and the department until all bonds at any time issued, 2920 together with the interest thereon, are fully paid and 2921 discharged insofar as the rights vested in the authority and the 2922 department affect the rights of the holders of bonds issued 2923 pursuant to this chapter. The state further pledges to, and 2924 agrees with, the United States that if a federal agency 2925 constructs or contributes any funds for the completion, 2926 extension, or improvement of the system, or any parts of the 2927 system, the state will not alter or limit the rights and powers 2928 of the authority and the department in any manner that is 2929 inconsistent with the continued maintenance and operation of the 2930 system or the completion, extension, or improvement of the 2931 system, or which would be inconsistent with the due performance 2932 of any agreements between the authority and any such federal 2933 agency, and the authority and the department shall continue to 2934 have and may exercise all powers granted in this section, so 2935 long as the powers are necessary or desirable to carry out the 2936 purposes of this chapter and the purposes of the United States 2937 in the completion, extension, or improvement of the system, or 2938 any part of the system. 2939 345.0012 Exemption from taxation.—The authority created 2940 under this chapter is for the benefit of the people of the 2941 state, for the increase of their commerce and prosperity, and 2942 for the improvement of their health and living conditions, and 2943 because the authority will be performing essential governmental 2944 functions pursuant to this chapter, the authority is not 2945 required to pay any taxes or assessments of any kind or nature 2946 whatsoever upon any property acquired or used by it for such 2947 purposes, or upon any rates, fees, rentals, receipts, income, or 2948 charges received by it, and the bonds issued by the authority, 2949 their transfer and the income from their issuance, including any 2950 profits made on the sale of the bonds, shall be free from 2951 taxation by the state or by any political subdivision, taxing 2952 agency, or instrumentality of the state. The exemption granted 2953 by this section does not apply to any tax imposed by chapter 220 2954 on interest, income, or profits on debt obligations owned by 2955 corporations. 2956 345.0013 Eligibility for investments and security.—Any 2957 bonds or other obligations issued pursuant to this chapter are 2958 legal investments for banks, savings banks, trustees, executors, 2959 administrators, and all other fiduciaries, and for all state, 2960 municipal, and other public funds and are also securities 2961 eligible for deposit as security for all state, municipal, or 2962 other public funds, notwithstanding the provisions of any other 2963 law to the contrary. 2964 345.0014 Applicability.— 2965 (1) The powers conferred by this chapter are in addition to 2966 the powers conferred by other law and do not repeal the 2967 provisions of any other general or special law or local 2968 ordinance, but supplement such other laws in the exercise of the 2969 powers provided in this chapter, and provide a complete method 2970 for the exercise of the powers granted in this chapter. The 2971 extension and improvement of a system, and the issuance of bonds 2972 pursuant to this chapter to finance all or part of the cost 2973 thereof, may be accomplished upon compliance with the provisions 2974 of this chapter without regard to or necessity for compliance 2975 with the provisions, limitations, or restrictions contained in 2976 any other general, special, or local law, including, but not 2977 limited to, s. 215.821, and approval of any bonds issued under 2978 this act by the qualified electors or qualified electors who are 2979 freeholders in the state or in any political subdivision of the 2980 state is not required for the issuance of such bonds pursuant to 2981 this chapter. 2982 (2) This act does not repeal, rescind, or modify any other 2983 law or laws relating to the State Board of Administration, the 2984 Department of Transportation, or the Division of Bond Finance of 2985 the State Board of Administration, but supersedes any other law 2986 that is inconsistent with the provisions of this chapter, 2987 including, but not limited to, s. 215.821. 2988 345.0015 Santa Rosa-Escambia Regional Transportation 2989 Finance Authority.— 2990 (1) There is hereby created and established a body politic 2991 and corporate, an agency of the state, to be known as the Santa 2992 Rosa-Escambia Regional Transportation Finance Authority, 2993 hereinafter referred to as the “authority.” 2994 (2) The area served by the authority shall be Escambia and 2995 Santa Rosa Counties. 2996 (3) The purposes and powers of the authority are as 2997 identified in the Florida Regional Transportation Finance 2998 Authority Act for the area served by the authority, and the 2999 authority operates in the manner provided by the Florida 3000 Regional Transportation Finance Authority Act. 3001 345.0016 Suncoast Regional Transportation Finance 3002 Authority.— 3003 (1) There is hereby created and established a body politic 3004 and corporate, an agency of the state, to be known as the 3005 Suncoast Regional Transportation Finance Authority, hereinafter 3006 referred to as the “authority.” 3007 (2) The area served by the authority shall be Citrus, Levy, 3008 Marion, and Alachua Counties. 3009 (3) The purposes and powers of the authority are as 3010 identified in the Florida Regional Transportation Finance 3011 Authority Act for the area served by the authority, and the 3012 authority operates in the manner provided by the Florida 3013 Regional Transportation Finance Authority Act. 3014 Section 59. Transfer to the Northwest Florida Regional 3015 Transportation Finance Authority.—The governance and control of 3016 the Mid-Bay Bridge Authority System, created pursuant to chapter 3017 2000-411, Laws of Florida, is transferred to the Northwest 3018 Florida Regional Transportation Finance Authority. 3019 (1) The assets, facilities, tangible and intangible 3020 property and any rights in such property, and any other legal 3021 rights of the Mid-Bay Bridge Authority, including the bridge 3022 system operated by the authority, are transferred to the 3023 Northwest Florida Regional Transportation Finance Authority. All 3024 powers of the Mid-Bay Bridge Authority shall succeed to the 3025 Northwest Florida Regional Transportation Finance Authority, and 3026 the operations and maintenance of the bridge system shall be 3027 under the control of the Northwest Florida Regional 3028 Transportation Finance Authority, pursuant to this section. 3029 Revenues collected on the bridge system may be considered 3030 Northwest Florida Regional Transportation Finance Authority 3031 revenues, and the Mid-Bay Bridge may be considered part of the 3032 authority system, if bonds of the Mid-Bay Bridge Authority are 3033 not outstanding. The Northwest Florida Regional Transportation 3034 Finance Authority also assumes all liability for bonds of the 3035 Mid-Bay Bridge Authority pursuant to the provisions of 3036 subsection (2). The Northwest Florida Regional Transportation 3037 Finance Authority may review other contracts, financial 3038 obligations, and contractual obligations and liabilities of the 3039 Mid-Bay Bridge Authority and may assume legal liability for the 3040 obligations that are determined to be necessary for the 3041 continued operation of the bridge system. 3042 (2) The transfer pursuant to this section is subject to the 3043 terms and covenants provided for the protection of the holders 3044 of the Mid-Bay Bridge Authority bonds in the lease-purchase 3045 agreement and the resolutions adopted in connection with the 3046 issuance of the bonds. Further, the transfer does not impair the 3047 terms of the contract between the Mid-Bay Bridge Authority and 3048 the bondholders, does not act to the detriment of the 3049 bondholders, and does not diminish the security for the bonds. 3050 After the transfer, until the bonds of the Mid-Bay Bridge 3051 Authority are fully defeased or paid in full, the department 3052 shall operate and maintain the bridge system and any other 3053 facilities of the authority in accordance with the terms, 3054 conditions, and covenants contained in the bond resolutions and 3055 lease-purchase agreement securing the bonds of the bridge 3056 authority. The Department of Transportation, as the agent of the 3057 Northwest Florida Regional Transportation Finance Authority, 3058 shall collect toll revenues and apply them to the payment of 3059 debt service as provided in the bond resolution securing the 3060 bonds. The Northwest Florida Regional Transportation Finance 3061 Authority shall expressly assume all obligations relating to the 3062 bonds to ensure that the transfer will have no adverse impact on 3063 the security for the bonds of the Mid-Bay Bridge Authority. The 3064 transfer does not make the obligation to pay the principal and 3065 interest on the bonds a general liability of the Northwest 3066 Florida Regional Transportation Finance Authority or pledge the 3067 authority system revenues to payment of the Mid-Bay Bridge 3068 Authority bonds. Revenues that are generated by the bridge 3069 system and other facilities of the Mid-Bay Bridge Authority and 3070 that were pledged by the Mid-Bay Bridge Authority to the payment 3071 of the bonds remain subject to the pledge for the benefit of the 3072 bondholders. The transfer does not modify or eliminate any prior 3073 obligation of the Department of Transportation to pay certain 3074 costs of the bridge system from sources other than revenues of 3075 the bridge system. With regard to the bridge authority’s current 3076 long-term debt of $9.5 million due to the department as of June 3077 30, 2012, and to the extent permitted by the bond resolutions 3078 and lease-purchase agreement securing the bonds, the Northwest 3079 Florida Regional Transportation Finance Authority shall make 3080 payment annually to the State Transportation Trust Fund, for the 3081 purpose of repaying the Mid-Bay Bridge Authority’s long-term 3082 debt due to the department, from any bridge system revenues 3083 obtained under this section which remain after the payment of 3084 the costs of operations, maintenance, renewal, and replacement 3085 of the bridge system; the payment of current debt service; and 3086 other payments required in relation to the bonds. The Northwest 3087 Florida Regional Transportation Finance Authority shall make the 3088 annual payments, not to exceed $1 million per year, to the State 3089 Transportation Trust Fund until all remaining authority long 3090 term debt due to the department has been repaid. 3091 (3) Any remaining toll revenue from the facilities of the 3092 Mid-Bay Bridge Authority collected by the Northwest Florida 3093 Regional Transportation Finance Authority after meeting the 3094 requirements of subsections (1) and (2) shall be used for the 3095 construction, maintenance, or improvement of any toll facility 3096 of the Northwest Florida Regional Transportation Finance 3097 Authority within the county or counties in which the revenue was 3098 collected. 3099 Section 60. Section 348.751, Florida Statutes, is amended 3100 to read: 3101 348.751 Short title.—This partshall be known andmay be 3102 cited as the “Central FloridaOrlando-Orange CountyExpressway 3103 Authority Law.” 3104 Section 61. Section 348.752, Florida Statutes, is amended 3105 to read: 3106 348.752 Definitions.—As used in this chapterThe following3107terms, whenever used or referred to in this law, shall have the3108following meanings, except in those instances where the context3109clearly indicates otherwise: 3110 (1) The term “agency of the state” meansand includesthe 3111 state and any department of, or corporation, agency, or 3112 instrumentalityheretofore or hereaftercreated, designated, or 3113 established by, the state. 3114 (2) The term “authority” means the body politic and 3115 corporate, and agency of the state created by this part. 3116 (3) The term “bonds” meansand includesthe notes, bonds, 3117 refunding bonds, or other evidences of indebtedness or 3118 obligations, in either temporary or definitive form, which the 3119 authority is authorized to issue pursuant to this part. 3120 (4) The term “Central Florida Expressway Authority” means 3121 the body politic and corporate, and agency of the state created 3122 by this chapterThe term “city” means the City of Orlando. 3123 (5) The term “Central Florida Expressway System” means any 3124 expressway and appurtenant facilities, including all approaches, 3125 roads, bridges, and avenues for the expressway and any rapid 3126 transit, trams, or fixed guideways located within the right-of 3127 way of an expresswayThe term “county” means the County of3128Orange. 3129 (6) The term “department” means the Department of 3130 Transportationexisting under chapters 334-339. 3131 (7) The term “expressway” has the same meaningisthe same3132 as limited access expressway. 3133 (8) The term “federal agency” means and includes the United 3134 States, the President of the United States, and any department 3135 of, or corporation, agency, or instrumentalityheretofore or3136hereaftercreated, designated, or established by, the United 3137 States. 3138 (9) The term “lease-purchase agreement” means the lease 3139 purchase agreements thatwhichthe authority is authorized 3140pursuant to this partto enter into with the Department of 3141 Transportation pursuant to this part. 3142 (10) The term “limited access expressway” means a street or 3143 highway specificallyespeciallydesigned for through traffic, 3144 and over, from, or to which, anoperson does notshallhave the 3145 right of easement, use, or access except in accordance with the 3146 rules ofand regulations promulgated and established bythe 3147 authority governing its usefor theuseof such facility. Such 3148 highways or streets may be parkways that do not allow traffic 3149 by, from whichtrucks, buses, and other commercial vehicles 3150shall be excluded, orthey may befreeways open to use by all 3151 customary forms of street and highway traffic. 3152 (11) The term“members” means the governing body of the3153authority, and the term“member” means an individual who serves 3154 on theone of the individuals constituting suchgoverning body 3155 of the authority. 3156 (12) The term “Orange County gasoline tax funds” meansall3157 the revenue derived from the 80-percent surplus gasoline tax 3158 funds accruing in each year to the Department of Transportation 3159 for use in Orange County underthe provisions ofs. 9, Art. XII 3160 of the State Constitution, after deductingdeduction only ofany 3161 amounts of said gasoline tax funds previouslyheretoforepledged 3162 by the department or the county for outstanding obligations. 3163(13) The term “Orlando-Orange County Expressway System”3164means any and all expressways and appurtenant facilities3165thereto, including, but not limited to, all approaches, roads,3166bridges, and avenues of access for said expressway or3167expressways.3168 (13)(14)The term “State Board of Administration” means the 3169 body corporate existing under the provisions of s. 9, Art. XII 3170 of the State Constitution, or any successorthereto. 3171 (14) The term “transportation facilities” means and 3172 includes the mobile and fixed assets, and the associated real or 3173 personal property or rights, used in the transportation of 3174 persons or property by any means of conveyance, and all 3175 appurtenances, such as, but not limited to, highways; limited or 3176 controlled access lanes, avenues of access, and facilities; 3177 vehicles; fixed guideway facilities, including maintenance 3178 facilities; and administrative and other office space for the 3179 exercise by the authority of the powers and obligations granted 3180 in this part. 3181(15) Words importing singular number include the plural3182number in each case and vice versa, and words importing persons3183include firms and corporations.3184 Section 62. Section 348.753, Florida Statutes, is amended 3185 to read: 3186 348.753 Central FloridaOrlando-Orange CountyExpressway 3187 Authority.— 3188 (1) There isherebycreated and established a body politic 3189 and corporate, an agency of the state, to be known as the 3190 Central FloridaOrlando-Orange CountyExpressway Authority.,3191hereinafter referred to as “authority.”3192 (2)(a) Effective July 1, 2014, the Central Florida 3193 Expressway Authority shall assume the governance and control of 3194 the Orlando-Orange County Expressway Authority System, including 3195 its assets, personnel, contracts, obligations, liabilities, 3196 facilities, and tangible and intangible property. Any rights in 3197 such property, and other legal rights of the authority, are 3198 transferred to the Central Florida Expressway Authority. The 3199 powers, responsibilities, and obligations of the Orlando-Orange 3200 County Expressway Authority shall succeed to and be assumed by 3201 the Central Florida Expressway Authority on July 1, 2014. 3202 (b) The transfer pursuant to this subsection is subject to the 3203 terms and covenants provided for the protection of the holders 3204 of the Orlando-Orange County Expressway Authority bonds in the 3205 lease-purchase agreement and the resolutions adopted in 3206 connection with the issuance of the bonds. Further, the transfer 3207 does not impair the terms of the contract between the Orlando 3208 Orange County Expressway Authority and the bondholders, does not 3209 act to the detriment of the bondholders, and does not diminish 3210 the security for the bonds. After the transfer, the Central 3211 Florida Expressway Authority shall operate and maintain the 3212 expressway system and any other facilities of the Orlando-Orange 3213 County Expressway Authority in accordance with the terms, 3214 conditions, and covenants contained in the bond resolutions and 3215 lease-purchase agreement securing the bonds of the authority. 3216 The Central Florida Expressway Authority shall collect toll 3217 revenues and apply them to the payment of debt service as 3218 provided in the bond resolution securing the bonds, and 3219 expressly assumes all obligations relating to the bonds to 3220 ensure that the transfer will have no adverse impact on the 3221 security for the bonds. The transfer does not make the 3222 obligation to pay the principal and interest on the bonds a 3223 general liability of the Central Florida Expressway Authority or 3224 pledge additional expressway system revenues to payment of the 3225 bonds. Revenues that are generated by the expressway system and 3226 other facilities of the Central Florida Expressway Authority 3227 which were pledged by the Orlando-Orange County Expressway 3228 Authority for payment of the bonds remains subject to the pledge 3229 for the benefit of the bondholders. The transfer does not modify 3230 or eliminate any prior obligation of the department to pay 3231 certain costs of the expressway system from sources other than 3232 revenues of the expressway system. 3233 (3)(2)The governing body of the authority shall consist of 3234 11fivemembers. The chairs of the boards of the county 3235 commissions of Seminole, Lake, and Osceola Counties shall each 3236 appoint one member, who may be a commission member or chair. The 3237 Governor shall appoint six citizen members. Of the Governor’s 3238 appointments, twoThreemembers mustshallbe citizens of Orange 3239 County, one member each must be a citizen of Seminole, Lake, and 3240 Osceola Counties, and one member may be a citizen of any of the 3241 identified countieswho shall be appointed by the Governor. The 3242 10thfourthmember mustshallbe, ex officio,the Mayor ofchair3243ofthe County Commissioners ofOrange County. The 11th member 3244 must be the Mayor of the City of Orlando. The executive director 3245 of Florida Turnpike Enterprise shall serve as a nonvoting 3246 advisor to the governing body of the authority, and the fifth3247member shall be, ex officio, thedistrict secretary of the3248Department of Transportation serving in the district that3249contains Orange County.The term ofEachappointedmember 3250 appointed by the Governor shall servebefor 4 years. Each 3251 county-appointed member shall serve for 2 years. Standing board 3252 members shall complete their terms. Each appointed member shall 3253 hold office until his or her successor has been appointed and 3254 has qualified. A vacancy occurring during a term mustshallbe 3255 filled only for the balance of the unexpired term. Each 3256 appointed member of the authority shall be a person of 3257 outstanding reputation for integrity, responsibility, and 3258 business ability, but, except as provided in this subsection, a 3259noperson who is an officer or employee of a municipality orany3260cityorof Orangecounty may notin any other capacityshallbe 3261 an appointed member of the authority. Any member of the 3262 authority isshall beeligible for reappointment. 3263 (4)(3)(a) The authority shall elect one of its members as 3264 chair of the authority. The authority shall also elect one of 3265 its members as vice chair, one of its members asasecretary, 3266 and one of its members asatreasurerwho may or may not be3267members of the authority. The chair, vice chair, secretary, and 3268 treasurer shall hold such offices at the will of the authority. 3269 SixThreemembers of the authorityshallconstitute a quorum, 3270 and the vote of sixthreemembers isshall benecessary for any 3271 action taken by the authority. ANovacancy in the authority 3272 does notshallimpair the right of a quorum of the authority to 3273 exercise all of the rights and perform all of the duties of the 3274 authority. 3275 (b) Upon the effective date of his or her appointment, or 3276 as soon thereafter as practicable, each appointed member of the 3277 authority shall enter upon his or her duties. 3278 (5)(4)(a) The authority may employ an executive secretary, 3279 an executive director, its own counsel and legal staff, 3280 technical experts, and thesuchengineers,andsuchemployees 3281 that, permanent or temporary, asit requires. The authoritymay3282require andmay determine the qualifications and fix the 3283 compensation of such persons, firms, or corporations, and may 3284 employ a fiscal agent or agents;, provided,however,thatthe 3285 authority shall solicit sealed proposals from at least three 3286 persons, firms, or corporations for the performance of any 3287 services as fiscal agents. The authority may delegate to one or 3288 more of its agents or employees thesuch of itspowerasit 3289 deemsshall deemnecessary to carry out the purposes of this 3290 part, subject always to the supervision and control of the3291authority. Members of the authority may be removed fromtheir3292 office by the Governor for misconduct, malfeasance, misfeasance, 3293 or nonfeasance in office. 3294 (b) Members of the authority areshall beentitled to 3295 receive from the authority their travel and other necessary 3296 expenses incurred in connection with the business of the 3297 authority as provided in s. 112.061, but may notthey shalldraw 3298nosalaries or other compensation. 3299 Section 63. Section 348.754, Florida Statutes, is amended 3300 to read: 3301 348.754 Purposes and powers.— 3302 (1)(a) The authority created and established underby the3303provisions ofthis part isherebygranted and hasshall havethe 3304 right to acquire, hold, construct, improve, maintain, operate, 3305 own, and lease in the capacity of lessor,the Central Florida 3306Orlando-Orange CountyExpressway System, hereinafter referred to 3307 as “system.” Except as otherwise specifically provided by law, 3308 including paragraph (2)(n), the area served by the authority 3309 shall be within the geographical boundaries of Orange, Seminole, 3310 Lake, and Osceola Counties. 3311 (b)It is the express intention of this part thatsaid3312authority,In the construction of the Central Floridasaid3313Orlando-Orange CountyExpressway System, the authority mayshall3314beauthorized toconstruct any extensions, additions, or 3315 improvements to thesaidsystem or appurtenant facilities, 3316 including all necessary approaches, roads, bridges,andavenues 3317 of access, rapid transit, trams, fixed guideways, thoroughfares, 3318 and boulevards with anysuchchanges, modifications, or 3319 revisions of thesaidproject which areasshall bedeemed 3320 desirable and proper. 3321 (c) Notwithstanding any provision of this part to the 3322 contrary, to ensure the continued financial feasibility of the 3323 portion of the Wekiva Parkway to be constructed by the 3324 department, the authority may not, without the prior consent of 3325 the secretary of the department, construct an extension, 3326 addition, or improvement to the expressway system in Lake 3327 County. 3328 (2) The authorityis hereby granted, and shall have andmay 3329 exercise all powers necessary, appurtenant, convenient, or 3330 incidental to the implementationcarrying outof the stated 3331aforesaidpurposes, including, but notwithout beinglimited to, 3332 the following rights and powers: 3333 (a) To sue and be sued, implead and be impleaded, complain 3334 and defend in all courts. 3335 (b) To adopt, use, and alter at will a corporate seal. 3336 (c) To acquire by donation or otherwise, purchase, hold, 3337 lease as lessee, and use any franchise or any,property, real, 3338 personal,ormixed, or tangible or intangible, or any options 3339thereofin its own name or in conjunction with others, or 3340 interest in those optionstherein, necessary or desirable to 3341 carryfor carryingout the purposes of the authority, and to 3342 sell, lease as lessor, transfer, and dispose of any property or 3343 interest in the propertythereinat any time acquired by it. 3344 (d) To enter into and make leases for terms not exceeding 3345 9940years, aseitherlessee or lessor, in order to carry out 3346 the right to lease as specifiedset forthin this part. 3347 (e) To enter into and make lease-purchase agreements with 3348 the department for terms not exceeding 40 years, or until any 3349 bonds secured by a pledge of rentals pursuant to the agreement 3350thereunder, and any refundings pursuant to the agreement 3351thereof, are fully paid as to both principal and interest, 3352 whichever is longer. The authority is a party to a lease 3353 purchase agreement between the department and the authority 3354 dated December 23, 1985, as supplemented by a first supplement 3355 to the lease-purchase agreement dated November 25, 1986, and a 3356 second supplement to the lease-purchase agreement dated October 3357 27, 1988. The authority may not enter into other lease-purchase 3358 agreements with the department and may not amend the existing 3359 agreement in a manner that expands or increases the department’s 3360 obligations unless the department determines that the agreement 3361 or amendment is necessary to permit the refunding of bonds 3362 issued before July 1, 2012. 3363 (f) To fix, alter, charge, establish, and collect rates, 3364 fees, rentals, and other charges for the services and facilities 3365 of the Central FloridaOrlando-Orange CountyExpressway System,3366 which mustrates, fees, rentals and other chargesshallalways 3367 be sufficient to comply with any covenants made with the holders 3368 of any bonds issued pursuant to this part;provided,however, 3369thatsuch right and power may be assigned or delegated,by the 3370 authority,to the department. Toll revenues attributable to an 3371 increase in the toll rates charged on or after July 1, 2014, for 3372 the use of a facility or portion of a facility may not be used 3373 to construct or expand a different facility unless a two-thirds 3374 majority of the members of the authority votes to approve such 3375 use. This requirement does not apply if, and to the extent that: 3376 1. Application of the requirement would violate any 3377 covenant established in a resolution or trust indenture under 3378 which bonds were issued by the Orlando-Orange County Expressway 3379 Authority on or before July 1, 2014; or 3380 2. Application of the requirement would cause the authority 3381 to be unable to meet its obligations under the terms of the 3382 memorandum of understanding between the authority and the 3383 department as ratified by the Orlando-Orange County Expressway 3384 Authority board on February 22, 2012. 3385 3386 Notwithstanding s. 338.165, and except as otherwise prohibited 3387 by this part, to the extent revenues of the expressway system 3388 exceed amounts required to comply with any covenants made with 3389 the holders of bonds issued pursuant to this part, revenues may 3390 be used for purposes enumerated in subsection (6), if the 3391 expenditures are consistent with the metropolitan planning 3392 organization’s adopted long-range plan. 3393 (g) To borrow money, make and issue negotiable notes, 3394 bonds, refunding bonds, and other evidences of indebtedness or 3395 obligations, either in temporary or definitive form,hereinafter3396in this chapter sometimes called “bonds” of the authority,for 3397 the purpose of financing all or part of the improvement or 3398 extension of the Central FloridaOrlando-Orange County3399 Expressway System, and appurtenant facilities, including all 3400 approaches, streets, roads, bridges, and avenues of access for 3401 the Central FloridasaidOrlando-Orange CountyExpressway System 3402 and for any other purpose authorized by this part,said bonds to3403mature in not exceeding 40 years from the date of the issuance3404thereof,and to secure the payment of such bonds or any part 3405 thereof by a pledge of any or all of its revenues, rates, fees, 3406 rentals, or other charges, including all or any portion of the 3407 Orange County gasoline tax funds received by the authority 3408 pursuant tothe terms ofany lease-purchase agreement between 3409 the authority and the department; and in general to provide for 3410 the security of thesaidbonds and the rights and remedies of 3411 the holders thereof.Provided,However,thatno portion of the 3412 Orange County gasoline tax funds mayshallbe pledged for the 3413 construction of any project for which a toll is to be charged 3414 unless the anticipated toll istolls arereasonably estimated by 3415 the board of county commissioners, at the date of its resolution 3416 pledging thesaidfunds, to be sufficient to cover the principal 3417 and interest of such obligations during the period when thesaid3418 pledge of funds isshall bein effect. The bonds issued under 3419 this paragraph must mature not more than 40 years after their 3420 issue date. 3421 1. The authority shall reimburse Orange County for any sums 3422 expended from thesaidgasoline tax funds used for the payment 3423 of such obligations. Any gasoline tax funds so disbursed must 3424shallbe repaid when the authority deems it practicable, 3425 together with interest at the highest rate applicable to any 3426 obligations of the authority. 3427 2. If, pursuant to this section,In the eventthe authority 3428 fundsshall determine to fundor refundsrefundany bonds 3429 previouslytheretoforeissued by thesaidauthority,or theby3430saidcommission before the bonds matureas aforesaidprior to3431the maturity thereof, the proceeds of such funding or refunding 3432 mustbonds shall, pending the prior redemption of thesethe3433 bondsto be funded or refunded, be invested in direct 3434 obligations of the United States, and it is the express3435intention of this part that such outstanding bonds may be funded3436or refunded by the issuance of bonds pursuant to this part. 3437 (h) To make contractsof every name and nature, including, 3438 but not limited to, partnerships providing for participation in 3439 ownership and revenues, and to execute all instruments necessary 3440 or convenient for conductingthe carrying on ofits business. 3441 (i) Notwithstanding paragraphs (a)-(h),Without limitation3442of the foregoing,to borrow money and accept grants from, and to 3443 enter into contracts, leases, or other transactions with any 3444 federal agency, the state, any agency of the state, the County 3445 of Orange, the City of Orlando, or with any other public body of 3446 the state. 3447 (j) To have the power of eminent domain, including the 3448 procedural powers granted under both chapters 73 and 74. 3449 (k) To pledge, hypothecate, or otherwise encumberall or3450 any part of the revenues, rates, fees, rentals, or other charges 3451 or receipts of the authority, including all or any portion of 3452 the Orange County gasoline tax funds received by the authority 3453 pursuant to the terms of any lease-purchase agreement between 3454 the authority and the department, as security forall orany of 3455 the obligations of the authority. 3456 (l) To enter into partnership and other agreements 3457 respecting ownership and revenue participation in order to 3458 facilitate financing and constructing the Western Beltway, or 3459 portions thereof. 3460 (m) To do everythingall acts and thingsnecessary or 3461 convenient for the conduct of its business and the general 3462 welfare of the authority, in order to comply withcarry out the3463powers granted to it bythis part or any other law. 3464 (n) With the consent of the county within whose 3465 jurisdiction the following activities occur, the authority shall 3466 have the right to construct, operate, and maintain roads, 3467 bridges, avenues of access, transportation facilities, 3468 thoroughfares, and boulevards outside the jurisdictional 3469 boundaries of Orange, Seminole, Lake, and Osceola Counties 3470County, together with the right to construct, repair, replace, 3471 operate, install, and maintain electronic toll payment systems 3472 thereon, with all necessary and incidental powers to accomplish3473the foregoing. 3474 (3) The authority does notshallhave thenopowerat any3475time or in any mannerto pledge the credit or taxing power of 3476 the state or any political subdivision or agency thereof, 3477 including any city and any countythe City of Orlando and the3478County of Orange, nor maynor shallany of the authority’s 3479 obligations be deemed to be obligations of the state or of any 3480 political subdivision or agency thereof, nor maynor shallthe 3481 state or any political subdivision or agency thereof, except the 3482 authority, be liable for the payment of the principal of or 3483 interest on such obligations. 3484(4) Anything in this part to the contrary notwithstanding,3485acquisition of right-of-way for a project of the authority which3486is within the boundaries of any municipality in Orange County3487shall not be begun unless and until the route of said project3488within said municipality has been given prior approval by the3489governing body of said municipality.3490 (4)(5)The authority hasshall haveno power other than by 3491 consent of an affectedOrangecounty or any affected city, to 3492 enter into any agreement which would legally prohibit the 3493 construction of aanyroad by the respective county or city 3494Orange Countyorby anycitywithin Orange County. 3495 (5) The authority shall encourage the inclusion of local-, 3496 small-, minority-, and women-owned businesses in its procurement 3497 and contracting opportunities. 3498 (6)(a)The authority may, within the right-of-way of the 3499 expressway system, finance or refinance the planning, design, 3500 acquisition, construction, extension, rehabilitation, equipping, 3501 preservation, maintenance, or improvement of an intermodal 3502 facility or facilities, a multimodal corridor or corridors, or 3503 any programs or projects that will improve the levels of service 3504 on the expressway systemNotwithstanding s.255.05, theOrlando3505Orange CountyExpressway Authority may waive payment and3506performance bonds on construction contracts for the construction3507of a public building, for the prosecution and completion of a3508public work, or for repairs on a public building or public work3509that has a cost of $500,000 or less and when the project is3510awarded pursuant to an economic development program for the3511encouragement of local small businesses that has been adopted by3512the governing body of the Orlando-Orange County Expressway3513Authority pursuant to a resolution or policy. 3514(b) The authority’s adopted criteria for participation in3515the economic development program for local small businesses3516requires that a participant:35171. Be an independent business.35182. Be principally domiciled in the Orange County Standard3519Metropolitan Statistical Area.35203. Employ 25 or fewer full-time employees.35214. Have gross annual sales averaging $3 million or less3522over the immediately preceding 3 calendar years with regard to3523any construction element of the program.35245. Be accepted as a participant in the Orlando-Orange3525County Expressway Authority’s microcontracts program or such3526other small business program as may be hereinafter enacted by3527the Orlando-Orange County Expressway Authority.35286. Participate in an educational curriculum or technical3529assistance program for business development that will assist the3530small business in becoming eligible for bonding.3531(c) The authority’s adopted procedures for waiving payment3532and performance bonds on projects with values not less than3533$200,000 and not exceeding $500,000 shall provide that payment3534and performance bonds may only be waived on projects that have3535been set aside to be competitively bid on by participants in an3536economic development program for local small businesses. The3537authority’s executive director or his or her designee shall3538determine whether specific construction projects are suitable3539for:35401. Bidding under the authority’s microcontracts program by3541registered local small businesses; and35422. Waiver of the payment and performance bond.3543 3544The decision of the authority’s executive director or deputy3545executive director to waive the payment and performance bond3546shall be based upon his or her investigation and conclusion that3547there exists sufficient competition so that the authority3548receives a fair price and does not undertake any unusual risk3549with respect to such project.3550(d) For any contract for which a payment and performance3551bond has been waived pursuant to the authority set forth in this3552section, the Orlando-Orange County Expressway Authority shall3553pay all persons defined in s.713.01who furnish labor,3554services, or materials for the prosecution of the work provided3555for in the contract to the same extent and upon the same3556conditions that a surety on the payment bond under s.255.053557would have been obligated to pay such persons if the payment and3558performance bond had not been waived. The authority shall record3559notice of this obligation in the manner and location that surety3560bonds are recorded. The notice shall include the information3561describing the contract that s.255.05(1) requires be stated on3562the front page of the bond. Notwithstanding that s.255.05(9)3563generally applies when a performance and payment bond is3564required, s.255.05(9) shall apply under this subsection to any3565contract on which performance or payment bonds are waived and3566any claim to payment under this subsection shall be treated as a3567contract claim pursuant to s.255.05(9).3568(e) A small business that has been the successful bidder on3569six projects for which the payment and performance bond was3570waived by the authority pursuant to paragraph (a) shall be3571ineligible to bid on additional projects for which the payment3572and performance bond is to be waived. The local small business3573may continue to participate in other elements of the economic3574development program for local small businesses as long as it is3575eligible.3576(f) The authority shall conduct bond eligibility training3577for businesses qualifying for bond waiver under this subsection3578to encourage and promote bond eligibility for such businesses.3579(g) The authority shall prepare a biennial report on the3580activities undertaken pursuant to this subsection to be3581submitted to the Orange County legislative delegation. The3582initial report shall be due December 31, 2010.3583 Section 64. Section 348.7543, Florida Statutes, is amended 3584 to read: 3585 348.7543 Improvements, bond financing authority for. 3586 Pursuant to s. 11(f), Art. VII of the State Constitution, the 3587 Legislatureherebyapproves for bond financing by the Central 3588 FloridaOrlando-Orange CountyExpressway Authority improvements 3589 to toll collection facilities, interchanges to the legislatively 3590 approved expressway system, and any other facility appurtenant, 3591 necessary, or incidental to the approved system. Subject to 3592 terms and conditions of applicable revenue bond resolutions and 3593 covenants, such costs may be financed in whole or in part by 3594 revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether 3595 currently issued or issued in the future, or by a combination of 3596 such bonds. 3597 Section 65. Section 348.7544, Florida Statutes, is amended 3598 to read: 3599 348.7544 Northwest Beltway Part A, construction authorized; 3600 financing.—Notwithstanding s. 338.2275, the Central Florida 3601Orlando-Orange CountyExpressway Authority mayishereby3602authorized toconstruct, finance, operate, own, and maintain 3603 that portion of the Western Beltway known as the Northwest 3604 Beltway Part A, extending from Florida’s Turnpike near Ocoee 3605 north to U.S. 441 near Apopka, as part of the authority’s 20 3606 year capital projects plan. This project may be financed with 3607 any funds available to the authority for such purpose or revenue 3608 bonds issued by the Division of Bond Finance of the State Board 3609 of Administration on behalf of the authority pursuant to s. 11, 3610 Art. VII of the State Constitution and the State Bond Act, ss. 3611 215.57-215.83. 3612 Section 66. Section 348.7545, Florida Statutes, is amended 3613 to read: 3614 348.7545 Western Beltway Part C, construction authorized; 3615 financing.—Notwithstanding s. 338.2275, the Central Florida 3616Orlando-Orange CountyExpressway Authority mayis authorized to3617 exercise its condemnation powers, construct, finance, operate, 3618 own, and maintain that portion of the Western Beltway known as 3619 the Western Beltway Part C, extending from Florida’s Turnpike 3620 near Ocoee in Orange County southerly through Orange and Osceola 3621 Counties to an interchange with I-4 near the Osceola-Polk County 3622 line, as part of the authority’s 20-year capital projects plan. 3623 This project may be financed with any funds available to the 3624 authority for such purpose or revenue bonds issued by the 3625 Division of Bond Finance of the State Board of Administration on 3626 behalf of the authority pursuant to s. 11, Art. VII of the State 3627 Constitution and the State Bond Act, ss. 215.57-215.83. This 3628 project may be refinanced with bonds issued by the authority 3629 pursuant to s. 348.755(1)(d). 3630 Section 67. Section 348.7546, Florida Statutes, is amended 3631 to read: 3632 348.7546 Wekiva Parkway, construction authorized; 3633 financing.— 3634 (1) The Central FloridaOrlando-Orange CountyExpressway 3635 Authority mayis authorized toexercise its condemnation powers 3636 andtoconstruct, finance, operate, own, and maintain those 3637 portions of the Wekiva Parkway which are identified by agreement 3638 between the authority and the department and which are included 3639 as part of the authority’s long-range capital improvement plan. 3640 The “Wekiva Parkway” means any limited access highway or 3641 expressway constructed between State Road 429 and Interstate 4 3642 specifically incorporating the corridor alignment recommended by 3643 Recommendation 2 of the Wekiva River Basin Area Task Force final 3644 report dated January 15, 2003, and the recommendations of the SR 3645 429 Working Group, which were adopted January 16, 2004. This 3646 project may be financed with any funds available to the 3647 authority for such purpose or revenue bonds issued by the 3648 authority under s. 11, Art. VII of the State Constitution and s. 3649 348.755(1)(b). This section does not invalidate the exercise by 3650 the authority of its condemnation powers or the acquisition of 3651 any property for the Wekiva Parkway before July 1, 2012. 3652 (2) Notwithstanding any other provision of lawto the3653contrary, in order to ensure that funds are available to the 3654 department for its portion of the Wekiva Parkway, beginning July 3655 1, 2012, the authority shall repay the expenditures by the 3656 department for costs of operation and maintenance of the Central 3657 FloridaOrlando-Orange CountyExpressway System in accordance 3658 with the terms of the memorandum of understanding between the 3659 authority and the department as ratified by the authority board 3660 on February 22, 2012, which requires the authority to pay the 3661 department $10 million on July 1, 2012, and $20 million on each 3662 successive July 1 until the department has been fully reimbursed 3663 for all costs of the Central FloridaOrlando-Orange County3664 Expressway System which were paid, advanced, or reimbursed to 3665 the authority by the department, with a final payment in the 3666 amount of the balance remaining. Notwithstanding any other law 3667to the contrary, the funds paid to the department pursuant to 3668 this subsection mustshallbe allocated by the department for 3669 construction of the Wekiva Parkway. 3670 (3) The department’s obligation to construct its portions 3671 of the Wekiva Parkway is contingent upon the timely payment by 3672 the authority of the annual payments required of the authority 3673 and receipt of all required environmental permits and approvals 3674 by the Federal Government. 3675 Section 68. Section 348.7547, Florida Statutes, is amended 3676 to read: 3677 348.7547 Maitland Boulevard Extension and Northwest Beltway 3678 Part A Realignment construction authorized; financing. 3679 Notwithstanding s. 338.2275, the Central FloridaOrlando-Orange3680CountyExpressway Authority mayis hereby authorized toexercise 3681 its condemnation powers, construct, finance, operate, own, and 3682 maintain the portion of State Road 414 known as the Maitland 3683 Boulevard Extension and the realigned portion of the Northwest 3684 Beltway Part A as part of the authority’s long-range capital 3685 improvement plan. The Maitland Boulevard Extension extendswill3686extendfrom the current terminus of State Road 414 at U.S. 441 3687 west to State Road 429 in west Orange County. The realigned 3688 portion of the Northwest Beltway Part A runswill runfrom the 3689 point at or near where the Maitland Boulevard Extension connects 3690will connectwith State Road 429 and proceedswill proceedto 3691 the west and then north resulting in the northern terminus of 3692 State Road 429 moving farther west before reconnecting with U.S. 3693 441. However, under no circumstances mayshallthe realignment 3694 of the Northwest Beltway Part A conflict with or contradictwith3695 the alignment of the Wekiva Parkway as defined in s. 348.7546. 3696 This project may be financed with any funds available to the 3697 authority for such purpose or revenue bonds issued by the 3698 authority under s. 11, Art. VII of the State Constitution and s. 3699 348.755(1)(b). 3700 Section 69. Subsections (2) and (3) of section 348.755, 3701 Florida Statutes, are amended to read: 3702 348.755 Bonds of the authority.— 3703 (2) Anysuchresolution that authorizesor resolutions3704authorizingany bonds issued under this sectionhereundermay 3705 contain provisions that mustwhichshallbe part of the contract 3706 with the holders of such bonds, relatingasto: 3707 (a) The pledging ofall orany part of the revenues, rates, 3708 fees, rentals,(includingall orany portion of the Orange 3709 County gasoline tax funds received by the authority pursuant to 3710 the terms of any lease-purchase agreement between the authority 3711 and the department, or any part thereof), or other charges or 3712 receipts of the authority, derived by the authority, from the 3713 Central FloridaOrlando-Orange CountyExpressway System. 3714 (b) The completion, improvement, operation, extension, 3715 maintenance, repair, lease or lease-purchase agreement of the 3716saidsystem, and the duties of the authority and others, 3717 including the department, with reference thereto. 3718 (c) Limitations on the purposes to which the proceeds of 3719 the bonds, then or thereafter to be issued, or of any loan or 3720 grant by the United States or the state may be applied. 3721 (d) The fixing, charging, establishing, and collecting of 3722 rates, fees, rentals, or other charges for use of the services 3723 and facilities of the Central FloridaOrlando-Orange County3724 Expressway System or any part thereof. 3725 (e) The setting aside of reserves or sinking funds or 3726 repair and replacement funds and the regulation and disposition 3727 thereof. 3728 (f) Limitations on the issuance of additional bonds. 3729 (g) The terms and provisions of any lease-purchase 3730 agreement, deed of trust or indenture securing the bonds, or 3731 under which the same may be issued. 3732 (h) Any other or additional agreements with the holders of 3733 the bonds which the authority may deem desirable and proper. 3734 (3) The authority may employ fiscal agents as provided by 3735 this part or the State Board of Administration of Florida may 3736 upon request of the authority act as fiscal agent for the 3737 authority in the issuance of any bonds thatwhichmay be issued 3738 pursuant to this part, and the State Board of Administration may 3739 upon request of the authority take over the management, control, 3740 administration, custody, and payment of anyor alldebt services 3741 or funds or assets now or hereafter available for any bonds 3742 issued pursuant to this part. The authority may enter into any 3743 deeds of trust, indentures or other agreements with its fiscal 3744 agent, or with any bank or trust company within or without the 3745 state, as security for such bonds, and may, under such 3746 agreements, sign and pledgeall orany of the revenues, rates, 3747 fees, rentals or other charges or receipts of the authority, 3748 includingall orany portion of the Orange County gasoline tax 3749 funds received by the authority pursuant to the terms of any 3750 lease-purchase agreement between the authority and the 3751 department, thereunder. Such deed of trust, indenture, or other 3752 agreement may contain such provisions as are customary in such 3753 instruments, or, as the authority may authorize, including but 3754 without limitation, provisions as to: 3755 (a) The completion, improvement, operation, extension, 3756 maintenance, repair, and lease of, or lease-purchase agreement 3757 relating to the Central FloridaOrlando-Orange CountyExpressway 3758 System, and the duties of the authority and others including the 3759 department, with reference thereto. 3760 (b) The application of funds and the safeguarding of funds 3761 on hand or on deposit. 3762 (c) The rights and remedies of the trustee and the holders 3763 of the bonds. 3764 (d) The terms and provisions of the bonds or the 3765 resolutions authorizing the issuance of same. 3766 Section 70. Subsections (3) and (4) of section 348.756, 3767 Florida Statutes, are amended to read: 3768 348.756 Remedies of the bondholders.— 3769 (3) When aAnytrustee iswhenappointed pursuant to 3770 subsection (1)as aforesaid, or is acting under a deed of trust, 3771 indenture, or other agreement, and whether or not all bonds have 3772 been declared due and payable, the trustee isshall beentitled 3773as of rightto the appointment of a receiver, who may enter upon 3774 and take possession of the Central FloridaOrlando-Orange County3775 Expressway System or the facilities or any part of the system or 3776 facilitiesor parts thereof, the rates, fees, rentals, or other 3777 revenues, charges, or receipts thatfrom whichare, or may be, 3778 applicable to the payment of the bonds so in default, and 3779 subject to and in compliance with the provisions of any lease 3780 purchase agreement between the authority and the department 3781 operate and maintain the same, for and on behalf of and in the 3782 name of, the authority, the department, and the bondholders, and 3783 collect and receive all rates, fees, rentals, and other charges 3784 or receipts or revenues arising therefrom in the same manner as 3785 the authority or the department might do, and shall deposit all 3786 such moneys in a separate account and apply the same in such 3787 manner as the court directsshall direct. In any suit, action, 3788 or proceeding by the trustee, the fees, counsel fees, and 3789 expenses of the trustee, and thesaidreceiver, if any, and all 3790 costs and disbursements allowed by the court mustshallbe a 3791 first charge on any rates, fees, rentals, or other charges, 3792 revenues, or receipts, derived from the Central FloridaOrlando3793Orange CountyExpressway System, or the facilities or services 3794 or any part of the system or facilitiesor parts thereof, 3795 including payments under any such lease-purchase agreementas3796aforesaidwhichsaidrates, fees, rentals, or other charges, 3797 revenues, or receiptsshall ormay be applicable to the payment 3798 of the bonds that aresoin default. TheSuchtrustee hasshall,3799in addition to the foregoing, have and possessall of the powers 3800 necessary or appropriate for the exercise of any functions 3801 specifically set forth in this sectionhereinor incident to the 3802 representation of the bondholders in the enforcement and 3803 protection of their rights. 3804 (4)Nothing inThis section or any other section of this 3805 part does notshallauthorize any receiver appointedpursuant3806heretofor the purpose, subject to and in compliance with the 3807 provisions of any lease-purchase agreement between the authority 3808 and the department, of operating and maintaining the Central 3809 FloridaOrlando-Orange CountyExpressway System or any 3810 facilities or part of the system or facilitiesor parts thereof, 3811 to sell, assign, mortgage, or otherwise dispose of any of the 3812 assets of whatever kind and character belonging to the 3813 authority.It is the intention of this part to limitThe powers 3814 of thesuchreceiver, subject to and in compliance with the 3815 provisions of any lease-purchase agreement between the authority 3816 and the department, are limited to the operation and maintenance 3817 of the Central FloridaOrlando-Orange CountyExpressway System, 3818 or any facility, or partor partsthereof, as the court may 3819 direct, in the name and for and on behalf of the authority, the 3820 department, and the bondholders, and no holder of bonds on the 3821 authority nor any trustee, hasshall ever havethe right in any 3822 suit, action, or proceeding at law or in equity, to compel a 3823 receiver, nor mayshallany receiver be authorized or any court 3824 be empowered to direct the receiver to sell, assign, mortgage, 3825 or otherwise dispose of any assetsof whatever kind or character3826 belonging to the authority. 3827 Section 71. Subsections (1) through (7) of section 348.757, 3828 Florida Statutes, are amended to read: 3829 348.757 Lease-purchase agreement.— 3830 (1)In order to effectuate the purposes of this part and as3831authorized by this part,The authority may enter into a lease 3832 purchase agreement with the department relating to and covering 3833 the former Orlando-Orange County Expressway System. 3834 (2) TheSuchlease-purchase agreement mustshallprovide 3835 for the leasing of the former Orlando-Orange County Expressway 3836 System, by the authority, as lessor, to the department, as 3837 lessee, mustshallprescribe the term of such lease and the 3838 rentals to be paidthereunder, and mustshallprovide that upon 3839 the completion of the faithful performancethereunderand the 3840 termination of thesuchlease-purchase agreement, title in fee 3841 simple absolute to the former Orlando-Orange County Expressway 3842 System as then constituted shall be transferred in accordance 3843 with law by the authority, to the state and the authority shall 3844 deliver to the department such deeds and conveyances as shall be 3845 necessary or convenient to vest title in fee simple absolute in 3846 the state. 3847 (3) TheSuchlease-purchase agreement may includesuch3848 other provisions, agreements, and covenants thatasthe 3849 authority and the department deem advisable or required, 3850 including, but not limited to, provisions as to the bonds to be 3851 issued under, and for the purposes of, this part, the 3852 completion, extension, improvement, operation, and maintenance 3853 of the former Orlando-Orange County Expressway System and the 3854 expenses and the cost of operation of thesaidauthority, the 3855 charging and collection of tolls, rates, fees, and other charges 3856 for the use of the services and facilities of the system 3857thereof, the application of federal or state grants or aid that 3858whichmay be made or given to assist the authority in the 3859 completion, extension, improvement, operation, and maintenance 3860 of the former Orlando-Orange CountyOrlandoExpressway System, 3861 which the authority isherebyauthorized to accept and apply to 3862 such purposes, the enforcement of payment and collection of 3863 rentals and any other terms, provisions, or covenants necessary, 3864 incidental, or appurtenant to the making of and full performance 3865 under thesuchlease-purchase agreement. 3866 (4) The department as lessee under thesuchlease-purchase 3867 agreement, mayisherebyauthorized topay as rentals under the 3868 agreementthereunderany rates, fees, charges, funds, moneys, 3869 receipts, or income accruing to the department from the 3870 operation of the former Orlando-Orange County Expressway System 3871 and the Orange County gasoline tax funds and may also pay as 3872 rentals any appropriations received by the department pursuant 3873 to any act of the Legislature of the state heretofore or 3874 hereafter enacted;provided,however, this part or thethat3875nothingherein nor in suchlease-purchase agreement is not 3876 intended to and does notnor shall this part or such lease3877purchase agreementrequire the making or continuance of such 3878 appropriations, andnor shallany holder of bonds issued 3879 pursuant to this part does noteverhave any right to compel the 3880 making or continuance of such appropriations. 3881 (5) ANopledge of thesaidOrange County gasoline tax 3882 funds as rentals under asuchlease-purchase agreement may not 3883shallbe made without the consent of the County of Orange 3884 evidenced by a resolution duly adopted by the board of county 3885 commissioners of said county at a public hearing held pursuant 3886 to due notice thereof published at least once a week for 3 3887 consecutive weeks before the hearing in a newspaper of general 3888 circulation in Orange County. TheSaidresolution, among other 3889 things, mustshallprovide that any excess of thesaidpledged 3890 gasoline tax funds which is not required for debt service or 3891 reserves for thesuchdebt service for any bonds issued by the 3892saidauthority shall be returned annually to the department for 3893 distribution to Orange County as provided by law. Before making 3894 any application for asuchpledge of gasoline tax funds, the 3895 authority shall present the plan of its proposed project to the 3896 Orange County planning and zoning commission for its comments 3897 and recommendations. 3898 (6) TheSaiddepartment mayshall have power tocovenant in 3899 any lease-purchase agreement that it will pay all or any part of 3900 the cost of the operation, maintenance, repair, renewal, and 3901 replacement of thesaidsystem, and any part of the cost of 3902 completing thesaidsystem to the extent that the proceeds of 3903 bonds issuedthereforare insufficient, from sources other than 3904 the revenues derived from the operation of thesaidsystem and 3905 thesaidOrange County gasoline tax funds. Thesaiddepartment 3906 may also agree to make such other payments from any moneys 3907 available to thesaidcommission, thesaidcounty, or thesaid3908 city in connection with the construction or completion of the 3909saidsystem as shall be deemed by thesaiddepartment to be fair 3910 and proper under anysuchcovenantsheretofore or hereafter3911 entered into. 3912 (7) Thesaidsystem mustshallbe a part of the state road 3913 system and thesaiddepartment mayis hereby authorized, upon 3914 the request of the authority,toexpend out of any funds 3915 available for the purpose thesuchmoneys, andtousesuch of3916 its engineering and other forces, as may be necessaryand3917desirable in the judgment of said department, for the operation 3918 of thesaidauthority and for traffic surveys, borings, surveys, 3919 preparation of plans and specifications, estimates of cost, and 3920 other preliminary engineering and other studies; provided, 3921 however, that the aggregate amount of moneys expended for the 3922saidpurposes by thesaiddepartment doshallnot exceed the sum 3923 of $375,000. 3924 Section 72. Section 348.758, Florida Statutes, is amended 3925 to read: 3926 348.758 Appointment of department asmay be appointedagent 3927 of authority for construction.—The department may be appointed 3928 by thesaidauthority as its agent for the purpose of 3929 constructing improvements and extensions to the Central Florida 3930Orlando-Orange CountyExpressway System and for itsthe3931 completionthereof. In such event, the authority shall provide 3932 the department with complete copies of all documents, 3933 agreements, resolutions, contracts, and instruments relating 3934 thereto and shall request the department to do such construction 3935 work, including the planning, surveying, and actual construction 3936 of the completion, extensions, and improvements to the Central 3937 FloridaOrlando-Orange CountyExpressway System and shall 3938 transfer to the credit of an account of the department in the 3939 State Treasuryof the statethe necessary funds,thereforand 3940 the department mayshall thereupon be authorized, empowered and3941directed toproceed with such construction andtouse thesaid3942 funds for such purpose in the same manner that it isnow3943 authorized to use the fundsotherwise provided by lawfor the 3944its use inconstruction of roads and bridges. 3945 Section 73. Section 348.759, Florida Statutes, is amended 3946 to read: 3947 348.759 Acquisition of lands and property.— 3948 (1) For the purposes of this part, the Central Florida 3949Orlando-Orange CountyExpressway Authority may acquire private 3950 or public property and property rights, including rights of 3951 access, air, view, and light, by gift, devise, purchase, or 3952 condemnation by eminent domain proceedings, as the authority 3953 deemsmay deemnecessary for any of the purposes of this part, 3954 including, but not limited to, any lands reasonably necessary 3955 for securing applicable permits, areas necessary for management 3956 of access, borrow pits, drainage ditches, water retention areas, 3957 rest areas, replacement access for landowners whose access is 3958 impaired due to the construction of a facility, and replacement 3959 rights-of-way for relocated rail and utility facilities; for 3960 existing, proposed, or anticipated transportation facilities on 3961 the Central FloridaOrlando-Orange CountyExpressway System or 3962 in a transportation corridor designated by the authority; or for 3963 the purposes of screening, relocation, removal, or disposal of 3964 junkyards and scrap metal processing facilities. The authority 3965 mayshall also have the power tocondemn any material and 3966 property necessary for such purposes. 3967 (2) Theright of eminent domain herein conferred shall be3968exercised by theauthority shall exercise the right of eminent 3969 domain in the manner provided by law. 3970 (3) When the authority acquires property for a 3971 transportation facility or in a transportation corridor, it is 3972 not subject to any liability imposed by chapter 376 or chapter 3973 403 for preexisting soil or groundwater contamination due solely 3974 to its ownership. This section does not affect the rights or 3975 liabilities of any past or future owners of the acquired 3976 property andnordoes notitaffect the liability of any 3977 governmental entity for the results of its actions which create 3978 or exacerbate a pollution source. The authority and the 3979 Department of Environmental Protection may enter into 3980 interagency agreements for the performance, funding, and 3981 reimbursement of the investigative and remedial acts necessary 3982 for property acquired by the authority. 3983 Section 74. Section 348.760, Florida Statutes, is amended 3984 to read: 3985 348.760 Cooperation with other units, boards, agencies, and 3986 individuals.—AExpress authority and power is hereby given and3987granted anycounty, municipality, drainage district, road and 3988 bridge district, school district or any other political 3989 subdivision, board, commission, or individual in, or of, the 3990 state maytomake and enter into with the authority, contracts, 3991 leases, conveyances, partnerships, or other agreements pursuant 3992 towithin the provisions and purposes ofthis part. The 3993 authority mayis hereby expressly authorized tomake and enter 3994 into contracts, leases, conveyances, partnerships, and other 3995 agreements with any political subdivision, agency, or 3996 instrumentality of the state and anyand allfederal agencies, 3997 corporations, and individuals, for the purpose of carrying out 3998 the provisions of this partor with the consent of the Seminole3999County Expressway Authority, for the purpose of carrying out and4000implementing part VIII of this chapter. 4001 Section 75. Section 348.761, Florida Statutes, is amended 4002 to read: 4003 348.761 Covenant of the state.—The state pledgesdoes4004hereby pledgeto, and agrees, with any person, firm or 4005 corporation, or federal or state agency subscribing to, or 4006 acquiring the bonds to be issued by the authority for the 4007 purposes of this part that the state will not limit or alter the 4008 rights that areherebyvested in the authority and the 4009 department until all issued bonds and interestat any time4010issued, together with the interestthereon,are fully paid and 4011 discharged insofar as the pledgesameaffects the rights of the 4012 holders of bonds issued pursuant to this parthereunder. The 4013 state does further pledge to, and agree, with the United States 4014 that in the event any federal agency constructs or contributes 4015shall construct or contributeany funds for the completion, 4016 extension, or improvement of the Central FloridaOrlando-Orange4017CountyExpressway System, or any part or portion of the system 4018thereof, the state will not alter or limit the rights and powers 4019 of the authority and the department in any manner thatwhich4020 would be inconsistent with the continued maintenance and 4021 operation of the Central FloridaOrlando-Orange County4022 Expressway System or the completion, extension, or improvement 4023 of the systemthereof, or thatwhichwould be inconsistent with 4024 the due performance of any agreements between the authority and 4025 any such federal agency, and the authority and the department 4026 shall continue to have and may exercise all powersherein4027 granted in this part, so long as the powers aresame shall be4028 necessary or desirable for the carrying out of the purposes of 4029 this part and the purposes of the United States in the 4030 completion, extension, or improvement of the Central Florida 4031Orlando-Orange CountyExpressway System, or any part of the 4032 systemor portion thereof. 4033 Section 76. Section 348.765, Florida Statutes, is amended 4034 to read: 4035 348.765 This part complete and additional authority.— 4036 (1) The powers conferred by this part areshall bein 4037 addition and supplemental to the existing powers of thesaid4038 board and the department, and this part mayshallnot be 4039 construed as repealing any of the provisions, of any other law, 4040 general, special, or local, but to supersede such other laws in 4041 the exercise of the powers provided in this part, and to provide 4042 a complete method for the exercise of the powers granted in this 4043 part. The extension and improvement of the Central Floridasaid4044Orlando-Orange CountyExpressway System, and the issuance of 4045 bonds pursuant to this parthereunderto finance all or part of 4046 the cost of the systemthereof, may be accomplished upon 4047 compliance with the provisions of this part without regard to or 4048 necessity for compliance with the provisions, limitations, or 4049 restrictions contained in any other general, special, or local 4050 law, including, but not limited to, s. 215.821, and no approval 4051 of any bonds issued under this part by the qualified electors or 4052 qualified electors who are freeholders in the state or in the 4053saidCounty of Orange, or in thesaidCity of Orlando, or in any 4054 other political subdivision of the state, isshall berequired 4055 for the issuance of such bonds pursuant to this part. 4056 (2) This part doesshallnotbe deemed torepeal, rescind, 4057 or modify any other lawor lawsrelating to thesaidState Board 4058 of Administration, thesaidDepartment of Transportation, or the 4059 Division of Bond Finance of the State Board of Administration, 4060 but supersedes anyshall be deemed to and shall supersede such4061otherlaw that isor laws as areinconsistent with the 4062 provisions of this part, including, but not limited to, s. 4063 215.821. 4064 Section 77. Subsections (6) and (7) of section 369.317, 4065 Florida Statutes, are amended to read: 4066 369.317 Wekiva Parkway.— 4067 (6) The Central FloridaOrlando-Orange CountyExpressway 4068 Authority is hereby granted the authority to act as a third 4069 party acquisition agent, pursuant to s. 259.041 on behalf of the 4070 Board of Trustees or chapter 373 on behalf of the governing 4071 board of the St. Johns River Water Management District, for the 4072 acquisition of all necessary lands, property and all interests 4073 in property identified herein, including fee simple or less 4074 than-fee simple interests. The lands subject to this authority 4075 are identified in paragraph 10.a., State of Florida, Office of 4076 the Governor, Executive Order 03-112 of July 1, 2003, and in 4077 Recommendation 16 of the Wekiva Basin Area Task Force created by 4078 Executive Order 2002-259, such lands otherwise known as 4079 Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and 4080 Lake Counties within Sections 27, 28, 33, and 34 of Township 19 4081 South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20 4082 South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre 4083 parcel located in Lake County within Section 37, Township 19 4084 South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in 4085 Lake County within Sections 23, 25, 26, 35, and 36, Township 19 4086 South, Range 28 East; Pine Plantation, a 617+/-acre tract 4087 consisting of eight individual parcels within the Apopka City 4088 limits. The Department of Transportation, the Department of 4089 Environmental Protection, the St. Johns River Water Management 4090 District, and other land acquisition entities shall participate 4091 and cooperate in providing information and support to the third 4092 party acquisition agent. The land acquisition process authorized 4093 by this paragraph shall begin no later than December 31, 2004. 4094 Acquisition of the properties identified as Neighborhood Lakes, 4095 Pine Plantation, and New Garden Coal, or approval as a 4096 mitigation bank shall be concluded no later than December 31, 4097 2010. Department of Transportation and Central FloridaOrlando4098Orange CountyExpressway Authority funds expended to purchase an 4099 interest in those lands identified in this subsection shall be 4100 eligible as environmental mitigation for road construction 4101 related impacts in the Wekiva Study Area. If any of the lands 4102 identified in this subsection are used as environmental 4103 mitigation for road-construction-related impacts incurred by the 4104 Department of Transportation or Central FloridaOrlando-Orange4105CountyExpressway Authority, or for other impacts incurred by 4106 other entities, within the Wekiva Study Area or within the 4107 Wekiva parkway alignment corridor, and if the mitigation offsets 4108 these impacts, the St. Johns River Water Management District and 4109 the Department of Environmental Protection shall consider the 4110 activity regulated under part IV of chapter 373 to meet the 4111 cumulative impact requirements of s. 373.414(8)(a). 4112 (a) Acquisition of the land described in this section is 4113 required to provide right-of-way for the Wekiva Parkway, a 4114 limited access roadway linking State Road 429 to Interstate 4, 4115 an essential component in meeting regional transportation needs 4116 to provide regional connectivity, improve safety, accommodate 4117 projected population and economic growth, and satisfy critical 4118 transportation requirements caused by increased traffic volume 4119 growth and travel demands. 4120 (b) Acquisition of the lands described in this section is 4121 also required to protect the surface water and groundwater 4122 resources of Lake, Orange, and Seminole counties, otherwise 4123 known as the Wekiva Study Area, including recharge within the 4124 springshed that provides for the Wekiva River system. Protection 4125 of this area is crucial to the long term viability of the Wekiva 4126 River and springs and the central Florida region’s water supply. 4127 Acquisition of the lands described in this section is also 4128 necessary to alleviate pressure from growth and development 4129 affecting the surface and groundwater resources within the 4130 recharge area. 4131 (c) Lands acquired pursuant to this section that are needed 4132 for transportation facilities for the Wekiva Parkway shall be 4133 determined not necessary for conservation purposes pursuant to 4134 ss. 253.034(6) and 373.089(5) and shall be transferred to or 4135 retained by the Central FloridaOrlando-Orange CountyExpressway 4136 Authority or the Department of Transportation upon reimbursement 4137 of the full purchase price and acquisition costs. 4138 (7) The Department of Transportation, the Department of 4139 Environmental Protection, the St. Johns River Water Management 4140 District, Central FloridaOrlando-Orange CountyExpressway 4141 Authority, and other land acquisition entities shall cooperate 4142 and establish funding responsibilities and partnerships by 4143 agreement to the extent funds are available to the various 4144 entities. Properties acquired with Florida Forever funds shall 4145 be in accordance with s. 259.041 or chapter 373. The Central 4146 FloridaOrlando-Orange CountyExpressway Authority shall acquire 4147 land in accordance with this section of law to the extent funds 4148 are available from the various funding partners, but shall not 4149 be required nor assumed to fund the land acquisition beyond the 4150 agreement and funding provided by the various land acquisition 4151 entities. 4152 Section 78. Subsection (1) of section 369.324, Florida 4153 Statutes, is amended to read: 4154 369.324 Wekiva River Basin Commission.— 4155 (1) The Wekiva River Basin Commission is created to monitor 4156 and ensure the implementation of the recommendations of the 4157 Wekiva River Basin Coordinating Committee for the Wekiva Study 4158 Area. The East Central Florida Regional Planning Council shall 4159 provide staff support to the commission with funding assistance 4160 from the Department of Economic Opportunity. The commission 4161 shall be comprised of a total of 1819members appointed by the 4162 Governor, 9 of whom shall be voting members and 910shall be ad 4163 hoc nonvoting members. The voting members shall include: 4164 (a) One member of each of the Boards of County 4165 Commissioners for Lake, Orange, and Seminole Counties. 4166 (b) One municipal elected official to serve as a 4167 representative of the municipalities located within the Wekiva 4168 Study Area of Lake County. 4169 (c) One municipal elected official to serve as a 4170 representative of the municipalities located within the Wekiva 4171 Study Area of Orange County. 4172 (d) One municipal elected official to serve as a 4173 representative of the municipalities located within the Wekiva 4174 Study Area of Seminole County. 4175 (e) One citizen representing an environmental or 4176 conservation organization, one citizen representing a local 4177 property owner, a land developer, or an agricultural entity, and 4178 one at-large citizen who shall serve as chair of the council. 4179 (f) The ad hoc nonvoting members shall include one 4180 representative from each of the following entities: 4181 1. St. Johns River Management District. 4182 2. Department of Economic Opportunity. 4183 3. Department of Environmental Protection. 4184 4. Department of Health. 4185 5. Department of Agriculture and Consumer Services. 4186 6. Fish and Wildlife Conservation Commission. 4187 7. Department of Transportation. 4188 8. MetroPlan Orlando. 4189 9. Central FloridaOrlando-Orange CountyExpressway 4190 Authority. 419110. Seminole County Expressway Authority.4192 Section 79. (1) Effective upon the completion of 4193 construction of the Poinciana Parkway, a limited access facility 4194 of approximately 9 miles in length in Osceola County with its 4195 northwestern terminus at the intersection of County Road 54 and 4196 US 17/US 92 and its southeastern terminus at the current 4197 intersection of Rhododendron and Cypress Parkway, described in 4198 the Osceola County Expressway Authority May 8, 2012, Master 4199 Plan, all powers, governance, and control of the Osceola County 4200 Expressway System, created pursuant to part V, chapter 348, 4201 Florida Statutes, is transferred to the Central Florida 4202 Expressway Authority, and the assets, liabilities, facilities, 4203 tangible and intangible property and any rights in the property, 4204 and any other legal rights of the Osceola County Expressway 4205 Authority are transferred to the Central Florida Expressway 4206 Authority. The effective date of such transfer shall be extended 4207 until completion of construction of such portions of the 4208 Southport Connector Expressway, the Northeast Connector 4209 Expressway, such portions of the Poinciana Parkway to connect to 4210 State Road 429, and the Osceola Parkway Extension, as each is 4211 described in the Osceola County Expressway Authority May 8, 4212 2012, Master Plan, which are included in any design contract 4213 executed by the Osceola County Expressway Authority before July 4214 1, 2019. Part V of chapter 348, Florida Statutes, consisting of 4215 ss. 348.9950–348.9961, is repealed on the same date that the 4216 Osceola County Expressway System is transferred to the Central 4217 Florida Expressway Authority. 4218 (2) The Central Florida Expressway Authority shall also 4219 reimburse any and all obligations of any other governmental 4220 entities with respect to the Osceola County Expressway System, 4221 including any obligations of Osceola County with respect to 4222 operations and maintenance of the Osceola County Expressway 4223 System and any loan repayment obligations, including repayment 4224 obligations with respect to State Infrastructure Bank loans. 4225 Such reimbursement shall be made from revenues available for 4226 such purpose after payment of all amounts required: 4227 (a) Otherwise by law; 4228 (b) By the terms of any resolution authorizing the issuance 4229 of bonds by the authority, the Orlando-Orange County Expressway 4230 Authority, or the Osceola County Expressway Authority; 4231 (c) By the terms of any resolution under which bonds are 4232 issued by Osceola County for the purpose of constructing 4233 improvements to the Osceola County Expressway System; and 4234 (d) By the terms of the memorandum of understanding between 4235 the Orlando-Orange County Expressway Authority and the 4236 department as ratified by the board of the Orlando-Orange County 4237 Expressway Authority on February 22, 2012. 4238 Section 80. Section 373.4137, Florida Statutes, is amended 4239 to read: 4240 373.4137 Mitigation requirements for specified 4241 transportation projects.— 4242 (1) The Legislature finds that environmental mitigation for 4243 the impact of transportation projects proposed by the Department 4244 of Transportation or a transportation authority established 4245 pursuant to chapter 348 or chapter 349 can be more effectively 4246 achieved by regional, long-range mitigation planning rather than 4247 on a project-by-project basis. It is the intent of the 4248 Legislature that mitigation to offset the adverse effects of 4249 these transportation projects be funded by the Department of 4250 Transportation and be carried out by the use of mitigation banks 4251 and any other mitigation options that satisfy state and federal 4252 requirements in a manner that promotes efficiency, timeliness in 4253 project delivery, and cost-effectiveness. 4254 (2) Environmental impact inventories for transportation 4255 projects proposed by the Department of Transportation or a 4256 transportation authority established pursuant to chapter 348 or 4257 chapter 349 shall be developed as follows: 4258 (a) By July 1 of each year, the Department of 4259 Transportation, or a transportation authority established 4260 pursuant to chapter 348 or chapter 349 which chooses to 4261 participate in the program, shall submit to the water management 4262 districts a list of its projects in the adopted work program and 4263 an environmental impact inventory of habitat impacts and the 4264 anticipated amount of mitigation needed to offset impacts as 4265 described in paragraph (b). The environmental impact inventory 4266 must be based onhabitats addressed inthe rules adopted 4267 pursuant to this part,ands. 404 of the Clean Water Act, 33 4268 U.S.C. s. 1344, andwhich may be impacted bythe Department of 4269 Transportation’sitsplan of construction for transportation 4270 projects in the next 3 years of the tentative work program. The 4271 Department of Transportation or a transportation authority 4272 established pursuant to chapter 348 or chapter 349 may also 4273 include in its environmental impact inventory the habitat 4274 impacts and the anticipated amount of mitigation needed forof4275 any future transportation project. The Department of 4276 Transportation and each transportation authority established 4277 pursuant to chapter 348 or chapter 349 may fund any mitigation 4278 activities for future projects using current year funds. 4279 (b) The environmental impact inventory mustshallinclude a 4280 description ofthesehabitat impacts, includingtheirlocation, 4281 acreage, and type; the anticipated amount of mitigation needed 4282 based on the functional loss as determined through the Uniform 4283 Mitigation Assessment Method (UMAM) adopted in Chapter 62-345, 4284 F.A.C.; identification of the proposed mitigation option; state 4285 water quality classification of impacted wetlands and other 4286 surface waters; any other state or regional designations for 4287 these habitats; and a list of threatened species, endangered 4288 species, and species of special concern affected by the proposed 4289 project. 4290 (c) Before projects are identified for inclusion in a water 4291 management district mitigation plan as described in subsection 4292 (4), the Department of Transportation must consider using 4293 credits from a permitted mitigation bank. The Department of 4294 Transportation must consider availability of suitable and 4295 sufficient mitigation bank credits within the transportation 4296 project’s area, ability to satisfy commitments to regulatory and 4297 resource agencies, availability of suitable and sufficient 4298 mitigation purchased or developed through this section, ability 4299 to complete existing water management district or Department of 4300 Environmental Protection suitable mitigation sites initiated 4301 with Department of Transportation mitigation funds, and ability 4302 to satisfy state and federal requirements including long-term 4303 maintenance and liability. 4304 (3)(a) To implement the mitigation optionfund development4305and implementation of the mitigation plan for the projected4306impactsidentified in the environmental impact inventory 4307 described in subsection (2), the Department of Transportation 4308 may purchase credits for current and future use directly from a 4309 mitigation bank; purchase mitigation services through the water 4310 management districts or the Department of Environmental 4311 Protection; conduct its own mitigation; or use other mitigation 4312 options that meet state and federal requirements.shall identify4313funds quarterly in an escrow account within the State4314Transportation Trust Fund for the environmental mitigation phase4315of projects budgeted byFunding for the identified mitigation 4316 option as described in the environmental impact inventory must 4317 be included in the Department of Transportation’s work program 4318 developed pursuant to s. 339.135for the current fiscal year. 4319The escrow account shall be maintained by the Department of4320Transportation for the benefit of the water management4321districts. Any interest earnings from the escrow account shall4322remain with the Department of Transportation. The amount 4323 programmed each year by the Department of Transportation and 4324 participating transportation authorities established pursuant to 4325 chapter 348 or chapter 349 must correspond to an estimated cost 4326 per credit of $150,000 multiplied by the projected number of 4327 credits identified in the environmental impact inventory 4328 described in subsection (2). This estimated cost per credit will 4329 be adjusted every 2 years by the Department of Transportation 4330 based on the average cost per UMAM credit paid through this 4331 section. 4332 (b) Each transportation authority established pursuant to 4333 chapter 348 or chapter 349 that chooses to participate in this 4334 program shall create an escrow account within its financial 4335 structure and deposit funds in the account to pay for the 4336 environmental mitigation phase of projects budgeted for the 4337 current fiscal year. The escrow account shall be maintained by 4338 the authority for the benefit of the water management districts. 4339 Any interest earnings from the escrow account shall remain with 4340 the authority. 4341 (c) For mitigation implemented by the water management 4342 district or the Department of Environmental Protection, as 4343 appropriate, the amount paid each year must be based on 4344 mitigation services provided by the water management districts 4345 or Department of Environmental Protection pursuant to an 4346 approved water management district plan, as described in 4347 subsection (4).Except for current mitigation projects in the4348monitoring and maintenance phase and except as allowed by4349paragraph (d),The water management districts or the Department 4350 of Environmental Protection, as appropriate, may request payment 4351a transfer of funds from an escrow accountno sooner than 30 4352 days before the date the funds are needed to pay for activities 4353 associated with development or implementation ofthepermitted 4354 mitigation meeting the requirements pursuant to this part, 33 4355 U.S.C. s. 1344, and 33 C.F.R. s. 332, in the approved mitigation 4356 plan described in subsection (4) for the current fiscal year,4357including, but not limited to, design, engineering, production,4358and staff support.Actual conceptual plan preparation costs4359incurred before plan approval may be submitted to the Department4360of Transportation or the appropriate transportation authority4361each year with the plan. The conceptual plan preparation costs4362of each water management district will be paid from mitigation4363funds associated with the environmental impact inventory for the4364current year. The amount transferred to the escrow accounts each4365year by the Department of Transportation and participating4366transportation authorities established pursuant to chapter 3484367or chapter 349 shall correspond to a cost per acre of $75,0004368multiplied by the projected acres of impact identified in the4369environmental impact inventory described in subsection (2).4370However, the $75,000 cost per acre does not constitute an4371admission against interest by the state or its subdivisions and4372is not admissible as evidence of full compensation for any4373property acquired by eminent domain or through inverse4374condemnation. Each July 1, the cost per acre shall be adjusted4375by the percentage change in the average of the Consumer Price4376Index issued by the United States Department of Labor for the4377most recent 12-month period ending September 30, compared to the4378base year average, which is the average for the 12-month period4379ending September 30, 1996.Each quarter, the projected amount of 4380 mitigation mustacreage of impact shallbe reconciled with the 4381 actual amount of mitigation needed foracreage of impact of4382 projects as permitted, including permit modifications, pursuant 4383 to this part and s. 404 of the Clean Water Act, 33 U.S.C. s. 4384 1344. The subject year’s programmingtransferof funds shall be 4385 adjustedaccordinglyto reflect the mitigationacreage of4386impactsas permitted.The Department of Transportation and4387participating transportation authorities established pursuant to4388chapter 348 or chapter 349 are authorized to transfer such funds4389from the escrow accounts to the water management districts to4390carry out the mitigation programs. Environmental mitigation4391funds that are identified for or maintained in an escrow account4392for the benefit of a water management district may be released4393if the associated transportation project is excluded in whole or4394part from the mitigation plan. For a mitigation project that is4395in the maintenance and monitoring phase, the water management4396district may request and receive a one-time payment based on the4397project’s expected future maintenance and monitoring costs.If 4398 the water management district excludes a project from an 4399 approved water management district mitigation plan, cannot 4400 timely permit a mitigation site to offset the impacts of a 4401 Department of Transportation project identified in the 4402 environmental impact inventory, or if the proposed mitigation 4403 does not meet state and federal requirements, the Department of 4404 Transportation may use the associated funds for the purchase of 4405 mitigation bank credits or any other mitigation option that 4406 satisfies state and federal requirements. Upon final 4407disbursement of the final maintenance and monitoringpayment for 4408 mitigation of a transportation project as permitted, the 4409 obligation of the Department of Transportation or the 4410 participating transportation authority is satisfied and the 4411 water management district or the Department of Environmental 4412 Protection, as appropriate, will have continuing responsibility 4413 for the mitigation project, the escrow account for the project4414established by the Department of Transportation or the4415participating transportation authority may be closed.Any4416interest earned on these disbursed funds shall remain with the4417water management district and must be used as authorized under4418this section.4419 (d) Beginning with the March 2014 water management district 4420 mitigation plans,in the 2005-2006 fiscal year,each water 4421 management district or the Department of Environmental 4422 Protection, as appropriate, shall invoice the Department of 4423 Transportation for mitigation services to offset only the 4424 impacts of a Department of Transportation project identified in 4425 the environmental impact inventory, including planning, design, 4426 construction, maintenance and monitoring, and other costs 4427 necessary to meet requirements pursuant to this section, 33 4428 U.S.C. s. 1344, and 33 C.F.R. s. 332be paid a lump-sum amount4429of $75,000 per acre, adjusted as provided under paragraph (c),4430for federally funded transportation projects that are included4431on the environmental impact inventory and that have an approved4432mitigation plan.Beginning in the 2009-2010 fiscal year, each4433water management district shall be paid a lump-sum amount of4434$75,000 per acre, adjusted as provided under paragraph (c), for4435federally funded and nonfederally funded transportation projects4436that have an approved mitigation plan. All mitigation costs,4437including, but not limited to, the costs of preparing conceptual4438plans and the costs of design, construction, staff support,4439future maintenance, and monitoring the mitigated acres shall be4440funded through these lump-sum amounts.If the water management 4441 district identifies the use of mitigation bank credits to offset 4442 a Department of Transportation impact, the water management 4443 district shall exclude that purchase from the mitigation plan, 4444 and the Department of Transportation must purchase the bank 4445 credits. 4446 (e) For mitigation activities occurring on existing water 4447 management district or Department of Environmental Protection 4448 mitigation sites initiated with Department of Transportation 4449 mitigation funds before July 1, 2013, the water management 4450 district or Department of Environmental Protection shall invoice 4451 the Department of Transportation or a participating 4452 transportation authority at a cost per acre of $75,000 4453 multiplied by the projected acres of impact as identified in the 4454 environmental impact inventory. The cost per acre must be 4455 adjusted by the percentage change in the average of the Consumer 4456 Price Index issued by the United States Department of Labor for 4457 the most recent 12-month period ending September 30, compared to 4458 the base year average, which is the average for the 12-month 4459 period ending September 30, 1996. When implementing the 4460 mitigation activities necessary to offset the permitted impacts 4461 as provided in the approved mitigation plan, the water 4462 management district shall maintain records of the costs incurred 4463 in implementing the mitigation. The records must include, but 4464 are not limited to, costs for planning, land acquisition, 4465 design, construction, staff support, long-term maintenance and 4466 monitoring of the mitigation site, and other costs necessary to 4467 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. 4468 (f) For purposes of preparing and implementing the 4469 mitigation plans to be adopted by the water management districts 4470 on or before March 1, 2013, for impacts based on the July 1, 4471 2012, environmental impact inventory, the funds identified in 4472 the Department of Transportation’s work program or participating 4473 transportation authorities’ escrow accounts must correspond to a 4474 cost per acre of $75,000 multiplied by the project acres of 4475 impact as identified in the environmental impact inventory. The 4476 cost per acre shall be adjusted by the percentage change in the 4477 average of the Consumer Price Index issued by the United States 4478 Department of Labor for the most recent 12-month period ending 4479 September 30, compared to the base year average, which is the 4480 average for the 12-month period ending September 30, 1996. 4481 Payment as provided under this paragraph is limited to those 4482 mitigation activities that are identified in the first year of 4483 the 2013 mitigation plan and for which the transportation 4484 project is permitted and is in the Department of 4485 Transportation’s adopted work program, or equivalent for a 4486 transportation authority. When implementing the mitigation 4487 activities necessary to offset the permitted impacts as provided 4488 in the approved mitigation plan, the water management district 4489 shall maintain records of the costs incurred in implementing the 4490 mitigation. The records must include, but are not limited to, 4491 costs for planning, land acquisition, design, construction, 4492 staff support, long-term maintenance and monitoring of the 4493 mitigation site, and other costs necessary to meet the 4494 requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. To the 4495 extent moneys paid to a water management district by the 4496 Department of Transportation or a participating transportation 4497 authority exceed the amount expended by the water management 4498 districts in implementing the mitigation to offset the permitted 4499 impacts, these funds must be refunded to the Department of 4500 Transportation or participating transportation authority. This 4501 paragraph expires June 30, 2014. 4502 (4) Before March 1 of each year, each water management 4503 district shall develop a mitigation plan to offset only the 4504 impacts of transportation projects in the environmental impact 4505 inventory for which a water management district is implementing 4506 mitigation that meets the requirements of this section, 33 4507 U.S.C. s. 1344, and 33 C.F.R. s. 332. The water management- 4508 district mitigation plan must be developed,in consultation with 4509 the Department of Environmental Protection, the United States 4510 Army Corps of Engineers, the Department of Transportation, 4511 participating transportation authorities established pursuant to 4512 chapter 348 or chapter 349, and other appropriate federal, 4513 state, and local governments, and other interested parties, 4514 including entities operating mitigation banks, shall develop a4515plan for the primary purpose of complying with the mitigation4516requirements adopted pursuant to this part and 33 U.S.C. s.45171344. In developing such plans, the water management districts 4518 shall use sound ecosystem management practices to address 4519 significant water resource needs and considershall focus on4520 activities of the Department of Environmental Protection and the 4521 water management districts, such as surface water improvement 4522 and management (SWIM) projects and lands identified for 4523 potential acquisition for preservation, restoration, or 4524 enhancement, and the control of invasive and exotic plants in 4525 wetlands and other surface waters, to the extent that the 4526 activities comply with the mitigation requirements adopted under 4527 this part,and33 U.S.C. s. 1344, and 33 C.F.R. s. 332. The 4528 water management district mitigation plan must identify each 4529 site where the water management district will mitigate for a 4530 transportation project. For each mitigation site, the water 4531 management district shall provide the scope of the mitigation 4532 services, provide the functional gain as determined through the 4533 UMAM per Chapter 62-345, F.A.C., describe how the mitigation 4534 offsets the impacts of each transportation project as permitted, 4535 and provide a schedule for the mitigation services. The water 4536 management districts shall maintain records of costs incurred 4537 and payments received for providing these services. Records must 4538 include, but are not limited to, planning, land acquisition, 4539 design, construction, staff support, long-term maintenance and 4540 monitoring of the mitigation site, and other costs necessary to 4541 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. 4542 To the extent monies paid to a water management district by the 4543 Department of Transportation or a participating transportation 4544 authority exceed the amount expended by the water management 4545 districts in providing the mitigation services to offset the 4546 permitted transportation project impacts, these monies must be 4547 refunded to the Department of Transportation or participating 4548 transportation authorityIn determining the activities to be4549included in the plans, the districts shall consider the purchase4550of credits from public or private mitigation banks permitted4551under s.373.4136and associated federal authorization and shall4552include the purchase as a part of the mitigation plan when the4553purchase would offset the impact of the transportation project,4554provide equal benefits to the water resources than other4555mitigation options being considered, and provide the most cost4556effective mitigation option. The mitigation plan shall be 4557 submitted to the water management district governing board, or 4558 its designee, for review and approval. At least 14 days before 4559 approval by the governing board, the water management district 4560 shall provide a copy of the draft mitigation plan to the 4561 Department of Environmental Protection and any person who has 4562 requested a copy. Subsequent to governing board approval, the 4563 mitigation plan must be submitted to the Department of 4564 Environmental Protection for approval. The plan may not be 4565 implemented until it is submitted to and approved, in part or in 4566 its entirety, by the Department of Environmental Protection. 4567(a) For each transportation project with a funding request4568for the next fiscal year, the mitigation plan must include a4569brief explanation of why a mitigation bank was or was not chosen4570as a mitigation option, including an estimation of identifiable4571costs of the mitigation bank and nonbank options and other4572factors such as time saved, liability for success of the4573mitigation, and long-term maintenance.4574 (a)(b)Specific projects may be excluded from the 4575 mitigation plan, in whole or in part, and are not subject to 4576 this section upon the election of the Department of 4577 Transportation, a transportation authority if applicable, or the 4578 appropriate water management district. The Department of 4579 Transportation or a participating transportation authority may 4580 not exclude a transportation project from the mitigation plan 4581 when mitigation is scheduled for implementation by the water 4582 management district in the current fiscal year, except when the 4583 transportation project is removed from the Department of 4584 Transportation’s work program or transportation authority 4585 funding plan, the mitigation cannot be timely permitted to 4586 offset the impacts of a Department of Transportation project 4587 identified in the environmental impact inventory, or the 4588 proposed mitigation does not meet state and federal 4589 requirements. If a project is removed from the work program or 4590 the mitigation plan, costs expended by the water management 4591 district prior to removal are eligible for reimbursement by the 4592 Department of Transportation or participating transportation 4593 authority. 4594 (b)(c)When determining which projects to include in or 4595 exclude from the mitigation plan, the Department of 4596 Transportation shall investigate using credits from a permitted 4597 mitigation bank before those projects are submitted for 4598 inclusion in a water management district mitigationtheplan. 4599The investigation shall consider the cost-effectiveness of4600mitigation bank credits, including, but not limited to, factors4601such as time saved, transfer of liability for success of the4602mitigation, and long-term maintenance.The Department of 4603 Transportation shall exclude a project from the mitigation plan 4604 if the investigation undertaken pursuant to this paragraph 4605 results in the conclusion that the use of credits from a 4606 permitted mitigation bank promotes efficiency, timeliness in 4607 project delivery, cost-effectiveness, and transfer of liability 4608 for success and long-term maintenance. 4609 (5) The water management district shall ensure that 4610 mitigation requirements pursuant to 33 U.S.C. s. 1344 and 33 4611 C.F.R. s. 332 are met for the impacts identified in the 4612 environmental impact inventory for which the water management 4613 district will implement mitigation described in subsection (2), 4614 by implementation of the approved mitigation plan described in 4615 subsection (4) to the extent funding is provided by the 4616 Department of Transportation, or a transportation authority 4617 established pursuant to chapter 348 or chapter 349, if 4618 applicable. In developing and implementing the mitigation plan, 4619 the water management district shall comply with federal 4620 permitting requirements pursuant to 33 U.S.C. s. 1344 and 33 4621 C.F.R. s. 332. During the federal permitting process, the water 4622 management district may deviate from the approved mitigation 4623 plan in order to comply with federal permitting requirements 4624 upon notice and coordination with the Department of 4625 Transportation or participating transportation authority. 4626 (6) The water management district mitigation plans shall be 4627 updated annually to reflect the most current Department of 4628 Transportation work program and project list of a transportation 4629 authority established pursuant to chapter 348 or chapter 349, if 4630 applicable, and may be amended throughout the year to anticipate 4631 schedule changes or additional projects which may arise. Before 4632 amending the mitigation plan to include new projects, the 4633 Department of Transportation shall consider mitigation banks and 4634 other available mitigation options that meet state and federal 4635 requirements. Each update and amendment of the mitigation plan 4636 shall be submitted to the governing board of the water 4637 management district or its designee for approval. However, such 4638 approval shall not be applicable to a deviation as described in 4639 subsection (5). 4640 (7) Upon approval by the governing board of the water 4641 management district and the Department of Environmental 4642 Protectionor its designee, the mitigation plan shall be deemed 4643 to satisfy the mitigation requirements under this part for 4644 impacts specifically identified in the environmental impact 4645 inventory described in subsection (2) and any other mitigation 4646 requirements imposed by local, regional, and state agencies for 4647 these same impacts. The approval of the governing board of the 4648 water management districtor its designeeand the Department of 4649 Environmental Protection shall authorize the activities proposed 4650 in the mitigation plan, and no other state, regional, or local 4651 permit or approval shall be necessary. 4652 (8) This section shall not be construed to eliminate the 4653 need for the Department of Transportation or a transportation 4654 authority established pursuant to chapter 348 or chapter 349 to 4655 comply with the requirement to implement practicable design 4656 modifications, including realignment of transportation projects, 4657 to reduce or eliminate the impacts of its transportation 4658 projects on wetlands and other surface waters as required by 4659 rules adopted pursuant to this part, or to diminish the 4660 authority under this part to regulate other impacts, including 4661 water quantity or water quality impacts, or impacts regulated 4662 under this part that are not identified in the environmental 4663 impact inventory described in subsection (2). 4664(9) The process for environmental mitigation for the impact4665of transportation projects under this section shall be available4666to an expressway, bridge, or transportation authority4667established under chapter 348 or chapter 349. Use of this4668process may be initiated by an authority depositing the4669requisite funds into an escrow account set up by the authority4670and filing an environmental impact inventory with the4671appropriate water management district. An authority that4672initiates the environmental mitigation process established by4673this section shall comply with subsection (6) by timely4674providing the appropriate water management district with the4675requisite work program information. A water management district4676may draw down funds from the escrow account as provided in this4677section.4678 Section 81. Section 373.618, Florida Statutes, is amended 4679 to read: 4680 373.618 Public service warnings, alerts, and 4681 announcements.—The Legislature believes it is in the public 4682 interest that eachallwater management districtdistricts4683 created pursuant to s. 373.069 own, acquire, develop, construct, 4684 operate, and manage public information systems. Public 4685 information systems may be located on property owned by the 4686 water management district, upon terms and conditions approved by 4687 the water management district, and must display messages to the 4688 general public concerning water management services, activities, 4689 events, and sponsors, as well as other public service 4690 announcements, including watering restrictions, severe weather 4691 reports, amber alerts, and other essential information needed by 4692 the public. Local government review or approval is not required 4693 for a public information system owned or hereafter acquired, 4694 developed, or constructed by the water management district on 4695 its own property. A public information system is exempt from the 4696 requirements of chapter 479; however, a public information 4697 system that is subject to the Highway Beautification Act of 1965 4698 must be approved by the Department of Transportation and the 4699 Federal Highway Administration if required by federal law and 4700 federal regulation under the agreement between the state and the 4701 United States Department of Transportation, and federal 4702 regulations enforced by the Department of Transportation under 4703 s. 479.02(1). Water management district funds may not be used to 4704 pay the cost to acquire, develop, construct, operate, or manage 4705 a public information system. Any necessary funds for a public 4706 information system shall be paid for and collected from private 4707 sponsors who may display commercial messages. 4708 Section 82. Subsection (3) of section 341.052, Florida 4709 Statutes, is amended to read: 4710 341.052 Public transit block grant program; administration; 4711 eligible projects; limitation.— 4712 (3) The following limitations shall apply to the use of 4713 public transit block grant program funds: 4714 (a) State participation in eligible capital projects shall 4715 be limited to 50 percent of the nonfederal share of such project 4716 costs. 4717 (b) State participation in eligible public transit 4718 operating costs may not exceed 50 percent of such costs or an 4719 amount equal to the total revenue, excluding farebox, charter, 4720 and advertising revenue and federal funds, received by the 4721 provider for operating costs, whichever amount is less. 4722 (c) No eligible public transit provider shall use public 4723 transit block grant funds to supplant local tax revenues made 4724 available to such provider for operations in the previous year; 4725 however, the Secretary of Transportation may waive this 4726 provision for public transit providers located in a county 4727 recovering from a state of emergency declared pursuant to part I 4728 of chapter 252. 4729 (d) Notwithstanding any law to the contrary, no eligible 4730 public transit provider shall use public transit block grant 4731 funds in pursuit of strategies or actions leading to or 4732 promoting the levying of new or additional taxes through public 4733 referenda. To the extent that a public transit provider uses 4734 other public funds in pursuit of strategies or actions leading 4735 to or promoting the levying of new or additional taxes through 4736 public referenda, the amount of the provider’s grant must be 4737 reduced by the same amount. As used in this paragraph, the term 4738 “public funds” means all moneys under the jurisdiction or 4739 control of a federal agency, the state, a county, or a 4740 municipality, including any district, authority, commission, 4741 board, or agency thereof for any public purpose. 4742 (e) The state may not give any county more than 39 percent 4743 of the funds available for distribution under this section or 4744 more than the amount that local revenue sources provide to that 4745 transit system. 4746 Section 83. The Florida Transportation Commission shall 4747 conduct a study of the potential for the state to obtain revenue 4748 from any parking meters or other parking time-limit devices that 4749 regulate designated parking spaces located within or along the 4750 right-of-way limits of a state road. The commission may retain 4751 such experts as are reasonably necessary to complete the study, 4752 and the department shall pay the expenses of such experts. On or 4753 before August 31, 2013, each municipality and county that 4754 receives revenue from any parking meters or other parking time 4755 limit devices that regulate designated parking spaces located 4756 within or along the right-of-way limits of a state road shall 4757 provide the commission a written inventory of the location of 4758 each such meter or device and the total revenue collected from 4759 such locations during the last 3 fiscal years. Each municipality 4760 and county shall at the same time inform the commission of any 4761 pledge or commitment by the municipality or county of such 4762 revenues to the payment of debt service on any bonds or other 4763 debt issued by the municipality or county. The commission shall 4764 consider the information provided by the municipalities and 4765 counties, together with such other matters as it deems 4766 appropriate, including, but not limited to, the use of variable 4767 rate parking, and shall develop policy recommendations regarding 4768 the manner and extent that revenues generated by regulating 4769 parking within the right-of-way limits of a state road may be 4770 allocated between the department and municipalities and 4771 counties. The commission shall develop specific recommendations 4772 concerning the allocation of revenues generated by meters or 4773 devices regulating such parking that were installed before July 4774 1, 2013, and the allocation of revenues that may be generated by 4775 meters or devices installed after that date. The commission 4776 shall complete the study and provide a written report of its 4777 findings and conclusions to the Governor, the President of the 4778 Senate, the Speaker of the House of Representatives, and the 4779 chairs of each of the appropriations committees of the 4780 Legislature by October 31, 2013. 4781 (2) The Legislature finds that preservation of the status 4782 quo pending the commission’s study and the Legislature’s review 4783 of the commission’s report is appropriate and desirable. From 4784 July 1, 2013, through July 1, 2014, a county or municipality may 4785 not install any parking meters or other parking time-limit 4786 devices that regulate designated parking spaces located within 4787 or along the right-of-way limits of a state road. This 4788 subsection does not prohibit the replacement of meters or 4789 similar devices installed before July 1, 2013, with new devices 4790 that regulate the same designated parking spaces. 4791 Section 84. Sale of used tires.— 4792 (1) It is unlawful for any used tire retailer in this state 4793 to sell unsafe used tires for the purpose of mounting on a 4794 vehicle as defined in s. 316.003, Florida Statutes. This section 4795 does not apply to a used tire retailer who sells used tires for 4796 recapping. 4797 (2) For purposes of this section, a used tire is considered 4798 unsafe if the tire: 4799 (a) Is worn to 2/32 of an inch tread depth or less on any 4800 area of the tread; 4801 (b) Has any damage exposing the reinforcing plies of the 4802 tire, including any cuts, cracks, bulges, punctures, scrapes, or 4803 wear; 4804 (c) Has had an improper repair including: 4805 1. Any repair made in the tread shoulder or belt edge area 4806 of the tire; 4807 2. Any puncture that has not been sealed or patched on the 4808 inside and repaired with a cured rubber stem through to the 4809 outside of the tire; 4810 3. A repair to the sidewall or bead area of the tire; or 4811 4. A puncture repair of damage larger than one-quarter of 4812 an inch; 4813 (d) Has evidence of prior use of a temporary tire sealant 4814 without evidence of a subsequent proper repair; 4815 (e) Has its tire identification number defaced or removed; 4816 (f) Has inner liner or bead damage; or 4817 (g) Has an indication of internal separation, such as 4818 bulges or local areas of irregular tread wear. 4819 (3) A person who violates this section commits an unfair 4820 and deceptive trade practice as defined in part II of chapter 4821 501, Florida Statutes. 4822 Section 85. Except as otherwise expressly provided in this 4823 act, this act shall take effect upon becoming law.