Bill Text: FL S1998 | 2012 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1998 Detail]
Download: Florida-2012-S1998-Engrossed.html
Bill Title: Transportation
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1998 Detail]
Download: Florida-2012-S1998-Engrossed.html
SB 1998 First Engrossed 20121998e1 1 A bill to be entitled 2 An act relating to transportation; transferring 3 control of the Mid-Bay Bridge Authority system to the 4 Florida Turnpike Enterprise; transferring all assets, 5 rights, powers, duties, and bond liabilities of the 6 authority to the turnpike enterprise; transferring all 7 provisions that protect the rights of certain 8 bondholders from the authority to the turnpike 9 enterprise; providing for the turnpike enterprise to 10 annually transfer funds from the activities of the 11 transferred authority to the State Transportation 12 Trust Fund to repay certain long-term debt; requiring 13 that specific toll revenue be used for the 14 construction, maintenance, or improvement of certain 15 toll facilities of the turnpike enterprise; repealing 16 s. 288.063, F.S., relating to contract requirements 17 for transportation projects; amending s. 288.0656, 18 F.S.; conforming a cross-reference; amending ss. 19 316.3025 and 316.545, F.S.; providing for the proceeds 20 of certain penalties to be deposited into the Highway 21 Safety Operating Trust Fund rather than the State 22 Transportation Trust Fund and for such funds to be 23 used for the general operations of the Department of 24 Highway Safety and Motor Vehicles rather than for 25 repairing and maintaining roads in the state; amending 26 s. 319.32, F.S.; increasing the amount of the fees 27 deposited into the State Transportation Trust Fund 28 from original and duplicate certificates of title 29 issued for motor vehicles; amending s. 320.072, F.S.; 30 requiring that all fees collected from certain motor 31 vehicle registrations, rather than a portion of such 32 fees, be deposited into the General Revenue Fund; 33 amending s. 320.08, F.S.; deleting provisions 34 requiring that certain amounts collected from annual 35 license taxes for the operation of motor vehicles, 36 mopeds, motorized bicycles, tri-vehicles, and mobile 37 homes, which are paid to and collected by the 38 Department of Highway Safety and Motor Vehicles, be 39 deposited into the General Revenue Fund; amending ss. 40 320.0801 and 320.0804, F.S.; requiring that all 41 revenues collected from the surcharge on certain 42 commercial motor vehicles and the surcharge on certain 43 license taxes be deposited into the State 44 Transportation Trust Fund and eliminating the 45 requirement that a portion of such revenues be 46 deposited into the General Revenue Fund; specifying 47 the allocation and purposes of funds that result from 48 increased moneys deposited into the State 49 Transportation Trust Fund; repealing s. 320.204, F.S., 50 relating to the transfer of funds from the Highway 51 Safety Operating Trust Fund to the Transportation 52 Disadvantaged Trust Fund; amending s. 334.30, F.S., 53 relating to public-private transportation facilities; 54 deleting obsolete provisions relating to the Toll 55 Facilities Revolving Trust Fund; amending s. 338.165, 56 F.S.; authorizing the Department of Transportation to 57 transfer the Beachline-East Expressway to the turnpike 58 system; providing for the deposit of any funds 59 expended by the Florida Turnpike Enterprise for the 60 acquisition of the Beachline-East Expressway into the 61 State Transportation Trust Fund for allocation to 62 construct the Wekiva Parkway; defining the term 63 “Wekiva Parkway”; repealing s. 338.251, F.S., relating 64 to the Toll Facilities Revolving Trust Fund; amending 65 s. 339.08, F.S.; conforming a cross-reference; 66 creating s. 339.139, F.S.; declaring that management 67 of transportation infrastructure financing to ensure 68 the fiscal integrity of the State Transportation Trust 69 Fund is state policy; requiring that the department 70 provide a debt and debtlike contractual obligations 71 load report to the Executive Office of the Governor, 72 the President of the Senate, the Speaker of the House 73 of Representatives, and the legislative appropriations 74 committees; requiring that the load report provide 75 certain data; requiring that the department manage 76 levels of debt to ensure that no more than a certain 77 percentage of revenues is committed; providing 78 exceptions that allow the limitation to be exceeded; 79 requiring that the department prepare a report on debt 80 obligations that are secured by and payable from 81 pledged revenues; requiring that the department 82 provide the report to the Executive Office of the 83 Governor, the President of the Senate, the Speaker of 84 the House of Representatives, and the legislative 85 appropriations committees; creating s. 339.2821, F.S.; 86 authorizing the Department of Transportation, in 87 consultation with the Department of Economic 88 Opportunity, to make and approve expenditures and 89 enter into contracts with an appropriate governmental 90 body for the direct costs of transportation projects; 91 providing definitions; authorizing the Department of 92 Economic Opportunity and the Department of 93 Environmental Protection to review and comment on 94 recommended transportation projects; providing 95 criteria that the Department of Transportation must 96 follow when reviewing a contract for approval; 97 providing criteria for the transportation contract 98 with a governmental body; providing that Space Florida 99 may serve as a governmental body or as a contracting 100 agency for transportation projects within spaceport 101 territory; requiring each governmental body to submit 102 a financial audit by an independent certified public 103 accountant to the department; requiring that the 104 department monitor each construction site receiving 105 funding; creating s. 339.2825, F.S.; requiring the 106 Department of Transportation to submit a summary of 107 proposed public-private transportation projects to the 108 Executive Office of the Governor, each legislative 109 appropriations committee, the President of the Senate, 110 and the Speaker of the House of Representatives; 111 providing criteria for the summary; providing for the 112 department to proceed with a project upon approval by 113 the Governor; prohibiting the Governor from approving 114 a transportation project if a legislative 115 appropriations committee, the President of the Senate, 116 or the Speaker of the House of Representatives objects 117 within a certain period after receipt of the summary; 118 providing for receipt by the department of an 119 unsolicited proposal for certain transportation 120 projects; exempting a public-private partnership 121 agreement involving the lease of a toll facility from 122 the requirements of the approval process; amending s. 123 348.0004, F.S.; removing provisions qualifying funding 124 received by an authority from a portion of the county 125 gasoline tax funds; amending s. 348.0005, F.S.; 126 providing criteria under which bonds may be issued; 127 providing an exception to the application of certain 128 bond requirements; creating s. 348.0013, F.S., 129 relating to expressway authorities created on or after 130 a specified date; providing that the department is the 131 agent for the purpose of performing all phases of 132 constructing improvements to and extensions of an 133 expressway system; requiring that the Division of Bond 134 Finance and the authority provide certain construction 135 documents to the department; providing for payment and 136 the use of funds for the construction; authorizing the 137 authority to appoint an agent under certain conditions 138 to perform all phases of the project; requiring that 139 an authority identify an expressway project in the 140 authority’s work plan and submit the work plan along 141 with its budget; requiring that the work plan include 142 certain information; requiring legislative approval of 143 the authority’s budget and work plan; requiring that 144 the department operate and maintain the expressway 145 system; requiring that the costs incurred be 146 reimbursed from revenues of the expressway system; 147 providing that an expressway system is part of the 148 State Highway System; authorizing the authority to 149 fix, alter, charge, and establish tolls, rates, fees, 150 rentals, and other charges; amending s. 348.54, F.S.; 151 providing for the powers of the authority with respect 152 to certain lease-purchase agreements; amending s. 153 348.545, F.S.; conforming cross-references; amending 154 s. 348.56, F.S.; providing criteria for bonds issued 155 on or after a certain date; amending s. 348.565, F.S.; 156 conforming provisions; removing from the list of 157 approved projects for the Tampa-Hillsborough County 158 Expressway System the connector highway linking Lee 159 Roy Selmon Crosstown Expressway to Interstate 4; 160 amending s. 348.57, F.S., relating to refunding bonds; 161 conforming references and provisions; amending s. 162 348.60, F.S.; providing that the Tampa-Hillsborough 163 County Expressway Authority is a party to lease 164 purchase agreements between the department and the 165 authority which are dated on specified dates; 166 prohibiting the authority from entering into other 167 lease-purchase agreements or amending the lease 168 purchase agreement unless the department determines an 169 agreement or amendment is necessary to permit 170 refunding of certain bonds; providing that the 171 expressway system remains the property of the 172 authority if the lease-purchase agreement terminates; 173 providing that the authority remains obligated to 174 reimburse the department if the agreement terminates; 175 requiring that the department operate and maintain the 176 system as the agent of the authority; creating s. 177 348.615, F.S.; providing that the department is the 178 agent for purposes of collecting tolls for the use of 179 the authority’s expressway system; authorizing the 180 authority to fix, alter, charge, and establish tolls, 181 rates, fees, rentals, and other charges; amending s. 182 348.754, F.S.; providing that the transportation 183 authority is a party to specified lease-purchase 184 agreements between the department and the authority; 185 prohibiting the authority from entering into other 186 lease-purchase agreements or amending a specified 187 lease-purchase agreement; amending s. 348.7543, F.S.; 188 conforming a cross-reference and revising provisions 189 governing the issuance of bonds; amending s. 348.7545, 190 F.S.; conforming a cross-reference; amending s. 191 348.7546, F.S.; authorizing the Orlando-Orange County 192 Expressway Authority to exercise certain powers with 193 respect to certain portions of the Wekiva Parkway; 194 clarifying that the condemnation powers or the 195 acquisition of certain property before a certain date 196 is not invalidated; requiring that the authority repay 197 certain expenditures made by the department for the 198 operation and maintenance of the Orlando-Orange County 199 Expressway System; requiring that the authority pay 200 the department certain payments by specified dates; 201 requiring that all funds paid to the department be 202 used for construction of the Wekiva Parkway; 203 prohibiting the authority from requesting the issuance 204 of certain bonds without approval from the department; 205 providing restrictions on refunding bonds; 206 conditioning the department’s obligation of 207 constructing portions of the Wekiva Parkway upon 208 certain timely payments by the authority; amending s. 209 348.7547, F.S.; conforming a cross-reference; 210 providing that a specified project may be financed 211 with revenue bonds issued on behalf of the authority; 212 amending s. 348.755, F.S.; prohibiting the authority 213 from requesting the issuance of any bonds, except 214 bonds issued to refund specified bonds; prohibiting 215 refunding bonds from being issued if the bonds have a 216 final maturity later than the final maturity of the 217 bonds refunded or if the refunding bonds provide for a 218 certain higher debt service; prohibiting the authority 219 from requesting, without the department’s consent, the 220 issuance of any bonds secured by a pledge of any 221 revenues of the authority which is senior to the 222 authority’s obligation to reimburse the department; 223 restricting the authority’s ability to request the 224 issuance of bonds unless the resolution authorizing 225 the bonds pledges the revenues for certain purposes; 226 providing for the termination of the department’s 227 obligations under lease-purchase agreements to pay 228 certain costs of the Orlando-Orange County Expressway 229 System; prohibiting the authority from requesting the 230 issuance of refunding bonds under certain 231 circumstances; amending s. 348.757, F.S.; limiting 232 certain authorized lease-purchase agreements; 233 prohibiting the authority from entering into or 234 amending certain lease-purchase agreements; providing 235 for the termination of the department’s obligations 236 under certain lease-purchase agreements; creating s. 237 348.7585, F.S.; providing that the department is the 238 agent for purposes of collecting tolls for the 239 Orlando-Orange County Expressway System; authorizing 240 the authority to fix, alter, charge, and establish 241 tolls, rates, fees, rentals, and other charges; 242 amending s. 348.9952, F.S.; removing provisions 243 authorizing the Osceola County Expressway Authority to 244 employ a fiscal agent; repealing s. 348.9956, F.S., 245 relating to the appointment of the department as the 246 agent of the authority for construction; creating s. 247 348.99565, F.S.; providing that the department is the 248 agent for purposes of performing all phases of 249 constructing improvements and extensions to the 250 Orlando-Orange County Expressway System; requiring 251 that the Division of Bond Finance and the expressway 252 authority provide construction documents to the 253 department; providing for payment and use of funds for 254 the construction; authorizing the authority to appoint 255 an agent under certain conditions to perform all 256 phases of a project; providing guidelines that the 257 authority must follow if it proposes construction of 258 an expressway; requiring legislative approval for the 259 issuance of bonds; requiring the department to operate 260 and maintain the expressway system and authorizing 261 that the department be reimbursed from revenues of the 262 expressway system for costs incurred; authorizing the 263 authority to collect tolls, fees, and other charges; 264 amending s. 369.317, F.S.; providing for the 265 Department of Environmental Protection to have 266 exclusive permitting authority for certain activities 267 associated with the Wekiva Parkway and related 268 transportation facilities; requiring the department to 269 locate the precise corridor and interchanges for the 270 Wekiva Parkway to be located in Seminole County; 271 amending s. 377.809, F.S.; conforming a cross 272 reference; transferring funds and all future payments 273 of obligated funds in the Toll Facilities Revolving 274 Trust Fund to the State Transportation Trust Fund; 275 requiring that the Florida Transportation Commission 276 conduct a study of the potential for cost savings 277 through certain activities by or on behalf of 278 expressway authorities; authorizing the commission to 279 retain experts as necessary to complete the study; 280 requiring that the department pay the expenses of the 281 experts; requiring that the commission provide a 282 report to the Governor and Legislature; providing an 283 effective date. 284 285 Be It Enacted by the Legislature of the State of Florida: 286 287 Section 1. Transfer to the Florida Turnpike Enterprise.—The 288 governance and control of the Mid-Bay Bridge Authority system, 289 created pursuant to chapter 2000-411, Laws of Florida, is 290 transferred to the Florida Turnpike Enterprise. 291 (1) The assets, facilities, tangible and intangible 292 property and any rights in such property, and any other legal 293 rights of the authority, including the bridge system operated by 294 the authority, are transferred to the turnpike enterprise. All 295 powers of the authority shall succeed to the turnpike 296 enterprise, and the operations and maintenance of the bridge 297 system shall be under the control of the turnpike enterprise, 298 pursuant to this section. Revenues collected on the bridge 299 system may be considered turnpike revenues and the Mid-Bay 300 Bridge may be considered part of the turnpike system, if bonds 301 of the authority are not outstanding. The turnpike enterprise 302 also assumes all liability for bonds of the bridge authority 303 pursuant to the provisions of subsection (2). The turnpike 304 enterprise may review other contracts, financial obligations, 305 and contractual obligations and liabilities of the authority and 306 may assume legal liability for such obligations that are 307 determined to be necessary for the continued operation of the 308 bridge system. 309 (2) The transfer pursuant to this section is subject to the 310 terms and covenants provided for the protection of the holders 311 of the Mid-Bay Bridge Authority bonds in the lease-purchase 312 agreement and the resolutions adopted in connection with the 313 issuance of the bonds. Further, the transfer does not impair the 314 terms of the contract between the authority and the bondholders, 315 does not act to the detriment of the bondholders, and does not 316 diminish the security for the bonds. After the transfer, the 317 turnpike enterprise shall operate and maintain the bridge system 318 and any other facilities of the authority in accordance with the 319 terms, conditions, and covenants contained in the bond 320 resolutions and lease-purchase agreement securing the bonds of 321 the authority. The turnpike enterprise shall collect toll 322 revenues and apply them to the payment of debt service as 323 provided in the bond resolution securing the bonds and shall 324 expressly assume all obligations relating to the bonds to ensure 325 that the transfer will have no adverse impact on the security 326 for the bonds of the authority. The transfer does not make the 327 obligation to pay the principal and interest on the bonds a 328 general liability of the turnpike or pledge the turnpike system 329 revenues to payment of the bonds. Revenues that are generated by 330 the bridge system and other facilities of the authority and that 331 were pledged by the authority to the payment of the bonds remain 332 subject to the pledge for the benefit of the bondholders. The 333 transfer does not modify or eliminate any prior obligation of 334 the Department of Transportation to pay certain costs of the 335 bridge system from sources other than revenues of the bridge 336 system. With regard to the authority’s current long-term debt of 337 $16.1 million due to the department as of June 30, 2011, and to 338 the extent permitted by the bond resolutions and lease-purchase 339 agreement securing the bonds, the turnpike enterprise shall make 340 payment annually to the State Transportation Trust Fund, for the 341 purpose of repaying the authority’s long-term debt due to the 342 department, from any bridge system revenues obtained under this 343 section which remain after the payment of the costs of 344 operations, maintenance, renewal, and replacement of the bridge 345 system; the payment of current debt service; and other payments 346 required in relation to the bonds. The turnpike enterprise shall 347 make such annual payments, not to exceed $1 million per year, to 348 the State Transportation Trust Fund until all remaining 349 authority long-term debt due to the department has been repaid. 350 (3) Any remaining toll revenue from the facilities of the 351 Mid-Bay Bridge Authority collected by the Florida Turnpike 352 Enterprise after meeting the requirements of subsections (1) and 353 (2) shall be used for the construction, maintenance, or 354 improvement of any toll facility of the Florida Turnpike 355 Enterprise within the county or counties in which the revenue 356 was collected. 357 Section 2. Section 288.063, Florida Statutes, is repealed. 358 Section 3. Paragraph (a) of subsection (7) of section 359 288.0656, Florida Statutes, is amended to read: 360 288.0656 Rural Economic Development Initiative.— 361 (7)(a) REDI may recommend to the Governor up to three rural 362 areas of critical economic concern. The Governor may by 363 executive order designate up to three rural areas of critical 364 economic concern which will establish these areas as priority 365 assignments for REDI as well as to allow the Governor, acting 366 through REDI, to waive criteria, requirements, or similar 367 provisions of any economic development incentive. Such 368 incentives shall include, but not be limited to: the Qualified 369 Target Industry Tax Refund Program under s. 288.106, the Quick 370 Response Training Program under s. 288.047, the Quick Response 371 Training Program for participants in the welfare transition 372 program under s. 288.047(8), transportation projects under s. 373 339.2821288.063, the brownfield redevelopment bonus refund 374 under s. 288.107, and the rural job tax credit program under ss. 375 212.098 and 220.1895. 376 Section 4. Paragraph (b) of subsection (6) of section 377 316.3025, Florida Statutes, is amended to read: 378 316.3025 Penalties.— 379 (6) 380 (b) All penalties imposed and collected under this section 381 shall be paid to the Chief Financial Officer, who shall credit 382 the total amount collected to the Highway Safety OperatingState383TransportationTrust Fund for use inrepairing and maintaining384 the general operations of the departmentroads of this state. 385 Section 5. Subsection (6) of section 316.545, Florida 386 Statutes, is amended to read: 387 316.545 Weight and load unlawful; special fuel and motor 388 fuel tax enforcement; inspection; penalty; review.— 389 (6) Any officer or agent collecting the penaltiesherein390 imposed by this section shall cooperate with the owners or 391 drivers of motor vehicles so as not to delay unduly the 392 vehicles. All penalties imposed and collected under this section 393 by any state agency having jurisdiction shall be paid to the 394 Chief Financial Officer, who shall credit the total amount 395 thereof to the Highway Safety OperatingState Transportation396 Trust Fund for use in the general operations of the department,397which shall be used to repair and maintain the roads of this398stateand to enforce this section. 399 Section 6. Section 319.32, Florida Statutes, is amended to 400 read: 401 319.32 Fees; service charges; disposition.— 402 (1) The department shall charge a fee of $70 for each 403 original certificate of title, except for a certificate of title 404 for a motor vehicle for hire registered under s. 320.08(6) for 405 which the title fee shall be $49; $70 for each duplicate copy of 406 a certificate of title, except for a certificate of title for a 407 motor vehicle for hire registered under s. 320.08(6) for which 408 the title fee shall be $49; $2 for each salvage certificate of 409 title; and $3 for each assignment by a lienholder. The 410 department shall also charge a fee of $2 for noting a lien on a 411 title certificate, which fee includes the services for the 412 subsequent issuance of a corrected certificate or cancellation 413 of lien when that lien is satisfied. If an application for a 414 certificate of title is for a vehicle that is required by s. 415 319.14(1)(b) to have a physical examination, the department 416 shall charge an additional fee of $40 for the initial 417 examination and $20 for each subsequent examination. The initial 418 examination fee shall be deposited into the General Revenue 419 Fund, and each subsequent examination fee shall be deposited 420 into the Highway Safety Operating Trust Fund. The physical 421 examination of the vehicle includes, but is not limited to, 422 verification of the vehicle identification number and 423 verification of the bill of sale or title for major components. 424 In addition to all other fees charged, a sum of $1 shall be paid 425 for the issuance of an original or duplicate certificate of 426 title to cover the cost of materials used for security purposes. 427 A service fee of $2.50, to be deposited into the Highway Safety 428 Operating Trust Fund, shall be charged for shipping and handling 429 for each paper title mailed by the department. 430 (2)(a) There shall be a service charge of $4.25 for each 431 application thatwhichis handled in connection with the 432 issuance, duplication, or transfer of any certificate of title. 433 There shall be a service charge of $1.25 for each application 434 thatwhichis handled in connection with the recordation or 435 notation of a lien on a motor vehicle or mobile home which is 436 not in connection with the purchase of such vehicle. 437 (b) The service charges specified in paragraph (a) shall be 438 collected by the department on any application handled directly 439 from its office. Otherwise, these service charges shall be 440 collected and retained by the tax collector who handles the 441 application. 442 (3) The department shall charge a fee of $10 in addition to 443 that charged in subsection (1) for each original certificate of 444 title issued for a vehicle previously registered outside this 445 state. 446 (4) The department shall charge a fee of $7 for each lien 447 placed on a motor vehicle by the state child support enforcement 448 program pursuant to s. 319.24. 449 (5) All fees collected pursuant to subsection (3) shall be 450 paid into the Nongame Wildlife Trust Fund. Forty-twoTwenty-one451 dollars of each fee for each applicable original certificate of 452 title and each applicable duplicate copy of a certificate of 453 title, after deducting the service charges imposed by s. 215.20, 454 shall be deposited into the State Transportation Trust Fund. All 455 other fees collected by the department under this chapter shall 456 be paid into the General Revenue Fund. 457 (6) Notwithstanding chapter 116, every county officer 458 within this state authorized to collect funds provided for in 459 this chapter shall pay all sums officially received by the 460 officer into the State Treasury no later than 5 working days 461 after the close of the business day in which the officer 462 received the funds. Payment by county officers to the state 463 shall be made by means of electronic funds transfer. 464 Section 7. Subsection (4) of section 320.072, Florida 465 Statutes, is amended to read: 466 320.072 Additional fee imposed on certain motor vehicle 467 registration transactions.— 468 (4) A tax collector or other authorized agent of the 469 department shall promptly remit44.5 percent ofall moneys 470 collected pursuant to this section, less any refunds granted 471 pursuant to subsection (3), to the department to be deposited 472 into the State Transportation Trust Fund.The remaining 55.5473percent shall be deposited into the General Revenue Fund.474 Section 8. Section 320.08, Florida Statutes, is amended to 475 read: 476 320.08 License taxes.—Except as otherwise provided in this 477 sectionherein, there areherebylevied and imposed annual 478 license taxes for the operation of motor vehicles, mopeds, 479 motorized bicycles as defined in s. 316.003(2), tri-vehicles as 480 defined in s. 316.003, and mobile homes, as defined in s. 481 320.01, which shall be paid to and collected by the department 482 or its agent upon the registration or renewal of registration of 483 the following: 484 (1) MOTORCYCLES AND MOPEDS.— 485 (a) Any motorcycle: $13.50 flat, of which $3.50 shall be486deposited into the General Revenue Fund. 487 (b) Any moped: $6.75 flat, of which $1.75 shall be488deposited into the General Revenue Fund. 489 (c) Upon registration of any motorcycle, motor-driven 490 cycle, or moped there shall be paid in addition to the license 491 taxes specified in this subsection a nonrefundable motorcycle 492 safety education fee in the amount of $2.50. The proceeds of 493 such additional fee shall be deposited in the Highway Safety 494 Operating Trust Fund to fund a motorcycle driver improvement 495 program implemented pursuant to s. 322.025, the Florida 496 Motorcycle Safety Education Program established in s. 322.0255, 497 or the general operations of the department. 498 (d) An ancient or antique motorcycle: $8.50 flat, of which499$3.50 shall be deposited into the General Revenue Fund. 500 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.— 501 (a) An ancient or antique automobile, as defined in s. 502 320.086, or a street rod, as defined in s. 320.0863: $10.25 503 flat, of which $2.75 shall be deposited into the General Revenue504Fund. 505 (b) Net weight of less than 2,500 pounds: $19.50 flat, of506which $5 shall be deposited into the General Revenue Fund. 507 (c) Net weight of 2,500 pounds or more, but less than 3,500 508 pounds: $30.50 flat, of which $8 shall be deposited into the509General Revenue Fund. 510 (d) Net weight of 3,500 pounds or more: $44 flat, of which511$11.50 shall be deposited into the General Revenue Fund. 512 (3) TRUCKS.— 513 (a) Net weight of less than 2,000 pounds: $19.50 flat, of514which $5 shall be deposited into the General Revenue Fund. 515 (b) Net weight of 2,000 pounds or more, but not more than 516 3,000 pounds: $30.50 flat, of which $8 shall be deposited into517the General Revenue Fund. 518 (c) Net weight more than 3,000 pounds, but not more than 519 5,000 pounds: $44 flat, of which $11.50 shall be deposited into520the General Revenue Fund. 521 (d) A truck defined as a “goat,” or any other vehicle if 522 used in the field by a farmer or in the woods for the purpose of 523 harvesting a crop, including naval stores, during such 524 harvesting operations, and which is not principally operated 525 upon the roads of the state: $10.25 flat, of which $2.75 shall526be deposited into the General Revenue Fund. A “goat” is a motor 527 vehicle designed, constructed, and used principally for the 528 transportation of citrus fruit within citrus groves or for the 529 transportation of crops on farms, and which can also be used for 530 the hauling of associated equipment or supplies, including 531 required sanitary equipment, and the towing of farm trailers. 532 (e) An ancient or antique truck, as defined in s. 320.086: 533 $10.25 flat, of which $2.75 shall be deposited into the General534Revenue Fund. 535 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS 536 VEHICLE WEIGHT.— 537 (a) Gross vehicle weight of 5,001 pounds or more, but less 538 than 6,000 pounds: $60.75 flat, of which $15.75 shall be539deposited into the General Revenue Fund. 540 (b) Gross vehicle weight of 6,000 pounds or more, but less 541 than 8,000 pounds: $87.75 flat, of which $22.75 shall be542deposited into the General Revenue Fund. 543 (c) Gross vehicle weight of 8,000 pounds or more, but less 544 than 10,000 pounds: $103 flat, of which $27 shall be deposited545into the General Revenue Fund. 546 (d) Gross vehicle weight of 10,000 pounds or more, but less 547 than 15,000 pounds: $118 flat, of which $31 shall be deposited548into the General Revenue Fund. 549 (e) Gross vehicle weight of 15,000 pounds or more, but less 550 than 20,000 pounds: $177 flat, of which $46 shall be deposited551into the General Revenue Fund. 552 (f) Gross vehicle weight of 20,000 pounds or more, but less 553 than 26,001 pounds: $251 flat, of which $65 shall be deposited554into the General Revenue Fund. 555 (g) Gross vehicle weight of 26,001 pounds or more, but less 556 than 35,000: $324 flat, of which $84 shall be deposited into the557General Revenue Fund. 558 (h) Gross vehicle weight of 35,000 pounds or more, but less 559 than 44,000 pounds: $405 flat, of which $105 shall be deposited560into the General Revenue Fund. 561 (i) Gross vehicle weight of 44,000 pounds or more, but less 562 than 55,000 pounds: $773 flat, of which $201 shall be deposited563into the General Revenue Fund. 564 (j) Gross vehicle weight of 55,000 pounds or more, but less 565 than 62,000 pounds: $916 flat, of which $238 shall be deposited566into the General Revenue Fund. 567 (k) Gross vehicle weight of 62,000 pounds or more, but less 568 than 72,000 pounds: $1,080 flat, of which $280 shall be569deposited into the General Revenue Fund. 570 (l) Gross vehicle weight of 72,000 pounds or more: $1,322 571 flat, of which $343 shall be deposited into the General Revenue572Fund. 573 (m) Notwithstanding the declared gross vehicle weight, a 574 truck tractor used within a 150-mile radius of its home address 575 is eligible for a license plate for a fee of $324 flat if: 576 1. The truck tractor is used exclusively for hauling 577 forestry products; or 578 2. The truck tractor is used primarily for the hauling of 579 forestry products, and is also used for the hauling of 580 associated forestry harvesting equipment used by the owner of 581 the truck tractor. 582 583Of the fee imposed by this paragraph, $84 shall be deposited584into the General Revenue Fund.585 (n) A truck tractor or heavy truck, not operated as a for 586 hire vehicle, which is engaged exclusively in transporting raw, 587 unprocessed, and nonmanufactured agricultural or horticultural 588 products within a 150-mile radius of its home address, is 589 eligible for a restricted license plate for a fee of: 590 1. If such vehicle’s declared gross vehicle weight is less 591 than 44,000 pounds, $87.75 flat, of which $22.75 shall be592deposited into the General Revenue Fund. 593 2. If such vehicle’s declared gross vehicle weight is 594 44,000 pounds or more and such vehicle only transports from the 595 point of production to the point of primary manufacture; to the 596 point of assembling the same; or to a shipping point of a rail, 597 water, or motor transportation company, $324 flat, of which $84598shall be deposited into the General Revenue Fund. 599 600 Such not-for-hire truck tractors and heavy trucks used 601 exclusively in transporting raw, unprocessed, and 602 nonmanufactured agricultural or horticultural products may be 603 incidentally used to haul farm implements and fertilizers 604 delivered direct to the growers. The department may require any 605 documentation deemed necessary to determine eligibility prior to 606 issuance of this license plate. For the purpose of this 607 paragraph, “not-for-hire” means the owner of the motor vehicle 608 must also be the owner of the raw, unprocessed, and 609 nonmanufactured agricultural or horticultural product, or the 610 user of the farm implements and fertilizer being delivered. 611 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; 612 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.— 613 (a)1. A semitrailer drawn by a GVW truck tractor by means 614 of a fifth-wheel arrangement: $13.50 flat per registration year 615 or any part thereof, of which $3.50 shall be deposited into the616General Revenue Fund. 617 2. A semitrailer drawn by a GVW truck tractor by means of a 618 fifth-wheel arrangement: $68 flat per permanent registration, of619which $18 shall be deposited into the General Revenue Fund. 620 (b) A motor vehicle equipped with machinery and designed 621 for the exclusive purpose of well drilling, excavation, 622 construction, spraying, or similar activity, and which is not 623 designed or used to transport loads other than the machinery 624 described above over public roads: $44 flat, of which $11.50625shall be deposited into the General Revenue Fund. 626 (c) A school bus used exclusively to transport pupils to 627 and from school or school or church activities or functions 628 within their own county: $41 flat, of which $11 shall be629deposited into the General Revenue Fund. 630 (d) A wrecker, as defined in s. 320.01(40), which is used 631 to tow a vessel as defined in s. 327.02(39), a disabled, 632 abandoned, stolen-recovered, or impounded motor vehicle as 633 defined in s. 320.01(38), or a replacement motor vehicle as 634 defined in s. 320.01(39): $41 flat, of which $11 shall be635deposited into the General Revenue Fund. 636 (e) A wrecker that is used to tow any nondisabled motor 637 vehicle, a vessel, or any other cargo unless used as defined in 638 paragraph (d), as follows: 639 1. Gross vehicle weight of 10,000 pounds or more, but less 640 than 15,000 pounds: $118 flat, of which $31 shall be deposited641into the General Revenue Fund. 642 2. Gross vehicle weight of 15,000 pounds or more, but less 643 than 20,000 pounds: $177 flat, of which $46 shall be deposited644into the General Revenue Fund. 645 3. Gross vehicle weight of 20,000 pounds or more, but less 646 than 26,000 pounds: $251 flat, of which $65 shall be deposited647into the General Revenue Fund. 648 4. Gross vehicle weight of 26,000 pounds or more, but less 649 than 35,000 pounds: $324 flat, of which $84 shall be deposited650into the General Revenue Fund. 651 5. Gross vehicle weight of 35,000 pounds or more, but less 652 than 44,000 pounds: $405 flat, of which $105 shall be deposited653into the General Revenue Fund. 654 6. Gross vehicle weight of 44,000 pounds or more, but less 655 than 55,000 pounds: $772 flat, of which $200 shall be deposited656into the General Revenue Fund. 657 7. Gross vehicle weight of 55,000 pounds or more, but less 658 than 62,000 pounds: $915 flat, of which $237 shall be deposited659into the General Revenue Fund. 660 8. Gross vehicle weight of 62,000 pounds or more, but less 661 than 72,000 pounds: $1,080 flat, of which $280 shall be662deposited into the General Revenue Fund. 663 9. Gross vehicle weight of 72,000 pounds or more: $1,322 664 flat, of which $343 shall be deposited into the General Revenue665Fund. 666 (f) A hearse or ambulance: $40.50 flat, of which $10.50667shall be deposited into the General Revenue Fund. 668 (6) MOTOR VEHICLES FOR HIRE.— 669 (a) Under nine passengers: $17 flat, of which $4.50 shall670be deposited into the General Revenue Fund; plus $1.50 per cwt,671of which 50 cents shall be deposited into the General Revenue672Fund. 673 (b) Nine passengers and over: $17 flat, of which $4.50674shall be deposited into the General Revenue Fund; plus $2 per 675 cwt, of which 50 cents shall be deposited into the General676Revenue Fund. 677 (7) TRAILERS FOR PRIVATE USE.— 678 (a) Any trailer weighing 500 pounds or less: $6.75 flat per 679 year or any part thereof, of which $1.75 shall be deposited into680the General Revenue Fund. 681 (b) Net weight over 500 pounds: $3.50 flat, of which $1682shall be deposited into the General Revenue Fund; plus $1 per 683 cwt, of which 25 cents shall be deposited into the General684Revenue Fund. 685 (8) TRAILERS FOR HIRE.— 686 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1687shall be deposited into the General Revenue Fund; plus $1.50 per 688 cwt, of which 50 cents shall be deposited into the General689Revenue Fund. 690 (b) Net weight 2,000 pounds or more: $13.50 flat, of which691$3.50 shall be deposited into the General Revenue Fund; plus 692 $1.50 per cwt, of which 50 cents shall be deposited into the693General Revenue Fund. 694 (9) RECREATIONAL VEHICLE-TYPE UNITS.— 695 (a) A travel trailer or fifth-wheel trailer, as defined by 696 s. 320.01(1)(b), that does not exceed 35 feet in length: $27 697 flat, of which $7 shall be deposited into the General Revenue698Fund. 699 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: 700 $13.50 flat, of which $3.50 shall be deposited into the General701Revenue Fund. 702 (c) A motor home, as defined by s. 320.01(1)(b)4.: 703 1. Net weight of less than 4,500 pounds: $27 flat, of which704$7 shall be deposited into the General Revenue Fund. 705 2. Net weight of 4,500 pounds or more: $47.25 flat, of706which $12.25 shall be deposited into the General Revenue Fund. 707 (d) A truck camper as defined by s. 320.01(1)(b)3.: 708 1. Net weight of less than 4,500 pounds: $27 flat, of which709$7 shall be deposited into the General Revenue Fund. 710 2. Net weight of 4,500 pounds or more: $47.25 flat, of711which $12.25 shall be deposited into the General Revenue Fund. 712 (e) A private motor coach as defined by s. 320.01(1)(b)5.: 713 1. Net weight of less than 4,500 pounds: $27 flat, of which714$7 shall be deposited into the General Revenue Fund. 715 2. Net weight of 4,500 pounds or more: $47.25 flat, of716which $12.25 shall be deposited into the General Revenue Fund. 717 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS; 718 35 FEET TO 40 FEET.— 719 (a) Park trailers.—Any park trailer, as defined in s. 720 320.01(1)(b)7.: $25 flat. 721 (b) A travel trailer or fifth-wheel trailer, as defined in 722 s. 320.01(1)(b), that exceeds 35 feet: $25 flat. 723 (11) MOBILE HOMES.— 724 (a) A mobile home not exceeding 35 feet in length: $20 725 flat. 726 (b) A mobile home over 35 feet in length, but not exceeding 727 40 feet: $25 flat. 728 (c) A mobile home over 40 feet in length, but not exceeding 729 45 feet: $30 flat. 730 (d) A mobile home over 45 feet in length, but not exceeding 731 50 feet: $35 flat. 732 (e) A mobile home over 50 feet in length, but not exceeding 733 55 feet: $40 flat. 734 (f) A mobile home over 55 feet in length, but not exceeding 735 60 feet: $45 flat. 736 (g) A mobile home over 60 feet in length, but not exceeding 737 65 feet: $50 flat. 738 (h) A mobile home over 65 feet in length: $80 flat. 739 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised 740 motor vehicle dealer, independent motor vehicle dealer, marine 741 boat trailer dealer, or mobile home dealer and manufacturer 742 license plate: $17 flat, of which $4.50 shall be deposited into743the General Revenue Fund. 744 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or 745 official license plate: $4 flat, of which $1 shall be deposited746into the General Revenue Fund. 747 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor 748 vehicle for hire operated wholly within a city or within 25 749 miles thereof: $17 flat, of which $4.50 shall be deposited into750the General Revenue Fund; plus $2 per cwt, of which 50 cents751shall be deposited into the General Revenue Fund. 752 (15) TRANSPORTER.—Any transporter license plate issued to a 753 transporter pursuant to s. 320.133: $101.25 flat, of which754$26.25 shall be deposited into the General Revenue Fund. 755 Section 9. Section 320.0801, Florida Statutes, is amended 756 to read: 757 320.0801 Additional license tax on certain vehicles.— 758 (1) In addition to the license taxes specified in s. 320.08 759 and in subsection (2), there isherebylevied and imposed an 760 annual license tax of 10 cents for the operation of a motor 761 vehicle, as defined in s. 320.01, and moped, as defined in s. 762 316.003(77). This, whichtax shall be paid to the department or 763 its agent upon the registration or renewal of registration of 764 the vehicle. Notwithstanding the provisions of s. 320.20, 765 revenues collected from the tax imposed in this subsection shall 766 be deposited in the Emergency Medical Services Trust Fund and 767 used solely for the purpose of carrying out the provisions of 768 ss. 395.401, 395.4015, 395.404, and 395.4045 and s. 11, chapter 769 87-399, Laws of Florida. 770 (2) In addition to the license taxes imposed by s. 320.08 771 and by subsection (1), there is imposed an additional surcharge 772 of $10 on each commercial motor vehicle having a gross vehicle 773 weight of 10,000 pounds or more. This, whichsurcharge must be 774 paid to the department or its agent upon the registration or 775 renewal of registration of the commercial motor vehicle. 776 Notwithstandingthe provisions ofs. 320.20,50 percent of the777 revenues collected from the surcharge imposed in this subsection 778 shall be deposited into the State Transportation Trust Fund, and77950 percent shall be deposited in the General Revenue Fund. 780 Section 10. Section 320.0804, Florida Statutes, is amended 781 to read: 782 320.0804 Surcharge on license tax; transportation trust 783 fund.—There isherebylevied and imposed on each license tax 784 imposed under s. 320.08, except those set forth in s. 785 320.08(11), a surcharge in the amount of $4, which shall be 786 collected in the same manner as the license tax and. Of this787amount, $2 shall bedeposited into the State Transportation 788 Trust Fund, and $2 shall be deposited into the General Revenue789Fund. 790 Section 11. Funds that result from increased revenues to 791 the State Transportation Trust Fund derived from sections 6 792 through 10 of this act must be used as follows: 793 (1) Beginning in the 2012-2013 fiscal year and annually for 794 30 years thereafter, $15 million for the purpose of funding any 795 seaport project identified in the 2011-2012 adopted work program 796 of the Department of Transportation, to be known as the Seaport 797 Investment Program. The revenues may be assigned, pledged, or 798 set aside as a trust for the payment of principal or interest on 799 bonds, tax anticipation certificates, or other forms of 800 indebtedness issued by an individual port or appropriate local 801 government having jurisdiction thereof, or collectively by 802 interlocal agreement among any of the ports, or used to purchase 803 credit support to permit such borrowings. However, the debt is 804 not a general obligation of the state. The state covenants with 805 holders of the revenue bonds or other instruments of 806 indebtedness issued pursuant to this subsection that it will not 807 repeal or impair or amend this subsection in any manner that 808 will materially or adversely affect the rights of holders so 809 long as bonds authorized by this subsection are outstanding. Any 810 revenues that are not pledged to the repayment of bonds as 811 authorized by this section may be used for purposes authorized 812 under the Florida Seaport Transportation and Economic 813 Development Program. This revenue source is in addition to any 814 amounts provided for and appropriated in accordance with ss. 815 311.07 and 320.20(3) and (4), Florida Statutes. Revenue bonds 816 shall be issued by the Division of Bond Finance at the request 817 of the Department of Transportation pursuant to the State Bond 818 Act. 819 (2) Beginning in the 2012-2013 fiscal year and annually for 820 30 years thereafter, $50 million shall be transferred to 821 Florida’s Turnpike Enterprise, to be used in accordance with 822 Florida Turnpike Enterprise Law. 823 (3) In the 2012-2013 fiscal year, $5 million shall be 824 transferred to the Transportation Disadvantaged Trust Fund for 825 purposes of the Commission for the Transportation Disadvantaged 826 as provided in chapter 427, Florida Statutes. Beginning in the 827 2013-2014 fiscal year and annually thereafter, $10 million shall 828 be transferred to the Transportation Disadvantaged Trust Fund, 829 to be used as specified in this subsection. 830 (4) Notwithstanding any other law to the contrary: 831 (a) After the distributions required pursuant to 832 subsections (1), (2), and (3), the remaining funds must be used 833 for the following specified purposes: 834 1. In the 2012-2013 fiscal year, $10 million for purposes 835 of the Small County Outreach Program specified in s. 339.2818, 836 Florida Statutes. These funds are in addition to the funds 837 provided in s. 201.15(1)(c)1.b., Florida Statutes. Beginning in 838 the 2013-2014 fiscal year and annually thereafter, $25 million 839 shall be allocated to the Small County Outreach Program, to be 840 used as specified in this subsection. 841 2. Beginning in the 2013-2014 fiscal year, $25 million 842 annually for purposes of the Transportation Regional Incentive 843 Program as specified in s. 339.2819, Florida Statutes. These 844 funds are in addition to the funds provided in s. 845 201.15(1)(c)1.d., Florida Statutes. 846 3. In the 2012-2013 fiscal year, $287,320,240 shall be 847 transferred to the General Revenue Fund. 848 (b) The remaining funds must be used annually for 849 transportation projects within this state for existing or 850 planned strategic transportation corridors which connect major 851 markets within this state or between this state and other 852 states, which focus on job creation, and which increase this 853 state’s viability in the national and global markets. 854 (5) Pursuant to s. 339.135(7), Florida Statutes, the 855 department may amend the work program to add the projects 856 necessary to implement this section. 857 Section 12. Section 320.204, Florida Statutes, is repealed. 858 Section 13. Present subsections (8) through (13) of section 859 334.30, Florida Statutes, are redesignated as subsections (7) 860 through (12), respectively, and present subsection (7) of that 861 section is amended, to read: 862 334.30 Public-private transportation facilities.—The 863 Legislature finds and declares that there is a public need for 864 the rapid construction of safe and efficient transportation 865 facilities for the purpose of traveling within the state, and 866 that it is in the public’s interest to provide for the 867 construction of additional safe, convenient, and economical 868 transportation facilities. 869(7) The department may lend funds from the Toll Facilities870Revolving Trust Fund, as outlined in s.338.251, to private871entities that construct projects on the State Highway System872containing toll facilities that are approved under this section.873To be eligible, a private entity must comply with s.338.251and874must provide an indication from a nationally recognized rating875agency that the senior bonds for the project will be investment876grade, or must provide credit support such as a letter of credit877or other means acceptable to the department, to ensure that the878loans will be fully repaid. The state’s liability for the879funding of a facility is limited to the amount approved for that880specific facility in the department’s 5-year work program881adopted pursuant to s.339.135.882 Section 14. Subsection (10) is added to section 338.165, 883 Florida Statutes, to read: 884 338.165 Continuation of tolls.— 885 (10) The department’s Beachline-East Expressway may be 886 transferred by the department and become part of the turnpike 887 system under the Florida Turnpike Enterprise Law. Any funds 888 expended by the Florida Turnpike Enterprise for the acquisition 889 of the Beachline-East Expressway shall be deposited into the 890 State Transportation Trust Fund, and, notwithstanding any other 891 law to the contrary, such funds shall first be allocated by the 892 department to fund the department’s obligation to construct 893 Wekiva Parkway. The term “Wekiva Parkway” means a limited access 894 highway or expressway constructed between State Road 429 and 895 Interstate 4 specifically incorporating the corridor alignment 896 recommended by Recommendation 2 of the Wekiva River Basin Area 897 Task Force final report dated January 15, 2003, and the 898 recommendations of the SR 429 Working Group which were adopted 899 January 16, 2004, and related transportation facilities. 900 Section 15. Section 338.251, Florida Statutes, is repealed. 901 Section 16. Paragraph (f) of subsection (1) of section 902 339.08, Florida Statutes, is amended to read: 903 339.08 Use of moneys in State Transportation Trust Fund.— 904 (1) The department shall expend moneys in the State 905 Transportation Trust Fund accruing to the department, in 906 accordance with its annual budget. The use of such moneys shall 907 be restricted to the following purposes: 908 (f) To pay the cost of economic development transportation 909 projects in accordance with s. 339.2821288.063. 910 Section 17. Section 339.139, Florida Statutes, is created 911 to read: 912 339.139 Transportation debt assessment.— 913 (1) It is the policy of the state to manage the financing 914 of transportation infrastructure in a manner that ensures the 915 fiscal integrity of the State Transportation Trust Fund. 916 (2) The department shall provide a debt and debtlike 917 contractual obligations load report to the Executive Office of 918 the Governor, the President of the Senate, the Speaker of the 919 House of Representatives, and the legislative appropriations 920 committees in conjunction with the tentative work program 921 required under s. 339.135. The debt and debtlike contractual 922 obligations load report must include the following data on 923 current and planned department commitments that are payable from 924 the State Transportation Trust Fund: 925 (a) Debt service payments that are required to be made 926 under any resolution for the issuance of bonds secured by a lien 927 on federal highway aid reimbursements or motor fuel and diesel 928 fuel taxes. 929 (b) Funding for seaports which has been pledged to the 930 payment of principal and interest on bonds issued by the Florida 931 Ports Financing Commission pursuant to s. 320.20. 932 (c) Commitments of the department to pay the costs of 933 operating, maintaining, repairing, and rehabilitating expressway 934 and bridge systems under the terms of lease-purchase agreements 935 which are enforceable by the holders of bonds issued by 936 expressway and bridge authorities pursuant to chapter 348. 937 (d) Availability, milestone, and final acceptance payments 938 that are required by public-private partnerships pursuant to s. 939 334.30 and that are not payments for the cost of operation or 940 maintenance of a facility. 941 (e) Agreed-on payments to a department contractor for work 942 performed in the current fiscal year for which payment is 943 deferred to a later fiscal year under the provisions of s. 944 334.30. 945 (f) Reimbursements to local governments for work performed 946 on a project if the reimbursement is deferred to a later fiscal 947 year under the provisions of s. 339.12. 948 (g) Loan repayments on state infrastructure bank loans 949 extended to a department district pursuant to s. 339.55. 950 (3) The department shall manage all levels of debt to 951 ensure that by the beginning of the 2017–2018 fiscal year, not 952 more than 20 percent of total projected available state and 953 federal revenues from the State Transportation Trust Fund, 954 together with any local funds committed to department projects, 955 are committed to the obligations identified in subsection (2) in 956 any year. 957 (4) If the department believes that a critical project 958 would justify exceeding the limitation established in this 959 section, the department shall notify the Governor, the President 960 of the Senate, the Speaker of the House of Representatives, and 961 the chairs of the legislative appropriations committees. The 962 notification must identify the critical project and the 963 projected impact on the department’s total debt load. The 964 department may proceed with the project upon approval of the 965 Governor. If either chair of the legislative appropriations 966 committees, the President of the Senate, or the Speaker of the 967 House of Representatives objects in writing to a proposed 968 project within 14 days after submittal of a department request 969 to exceed debt limits and specifies the reasons for such 970 objection, the Governor may not approve the project. 971 (5) The department shall prepare a separate report on debt 972 obligations that are secured by and payable solely from pledged 973 revenues. The department shall provide the report on pledged 974 revenue debt to the Executive Office of the Governor, the 975 President of the Senate, the Speaker of the House of 976 Representatives, and the legislative appropriations committees 977 in conjunction with the tentative work program required under s. 978 339.135. 979 Section 18. Section 339.2821, Florida Statutes, is created 980 to read: 981 339.2821 Economic development transportation projects.— 982 (1)(a) The department, in consultation with the Department 983 of Economic Opportunity, may make and approve expenditures and 984 contract with the appropriate governmental body for the direct 985 costs of transportation projects. The Department of Economic 986 Opportunity and the Department of Environmental Protection may 987 formally review and comment on recommended transportation 988 projects, although the department has final approval authority 989 for any project authorized under this section. 990 (b) As used in this section, the term: 991 1. “Governmental body” means an instrumentality of the 992 state or a county, municipality, district, authority, board, or 993 commission, or an agency thereof, within which jurisdiction the 994 transportation project is located and which is responsible to 995 the department for the transportation project. 996 2. “Transportation project” means a transportation 997 facility, as defined in s. 334.03, which the department, in 998 consultation with the Department of Economic Opportunity, deems 999 necessary to facilitate the economic development and growth of 1000 the state. 1001 (2) The department, in consultation with the Department of 1002 Economic Opportunity, shall review each transportation project 1003 for approval and funding. In the review, the department must 1004 consider: 1005 (a) The cost per job created or retained considering the 1006 amount of transportation funds requested; 1007 (b) The average hourly rate of wages for jobs created; 1008 (c) The reliance on any program as an inducement for 1009 determining the transportation project’s location; 1010 (d) The amount of capital investment to be made by a 1011 business; 1012 (e) The demonstrated local commitment; 1013 (f) The location of the transportation project in an 1014 enterprise zone as designated in s. 290.0055; 1015 (g) The location of the transportation project in a 1016 spaceport territory as defined in s. 331.304; 1017 (h) The unemployment rate of the surrounding area; and 1018 (i) The poverty rate of the community. 1019 1020 The department may contact any agency it deems appropriate for 1021 additional information regarding the approval of a 1022 transportation project. A transportation project must be 1023 approved by the department to be eligible for funding. 1024 (3)(a) The department must approve a transportation project 1025 if it determines that the transportation project will: 1026 1. Attract new employment opportunities to the state or 1027 expand or retain employment in existing companies operating 1028 within the state. 1029 2. Allow for the construction or expansion of a state or 1030 federal correctional facility in a county having a population of 1031 75,000 or fewer which creates new employment opportunities or 1032 expands or retains employment in the county. 1033 (b) The department must ensure that small and minority 1034 businesses have equal access to participate in transportation 1035 projects funded pursuant to this section. 1036 (c) In addition to administrative costs and equipment 1037 purchases specified in the contract, funds for approved 1038 transportation projects may be used for expenses that are 1039 necessary for building new, or improving existing, 1040 transportation facilities. Funds made available pursuant to this 1041 section may not be expended for the relocation of a business 1042 from one community to another community in this state unless the 1043 department determines that, without the relocation, the business 1044 will move outside the state or determines that the business has 1045 a compelling economic reason for the relocation, such as 1046 creating additional jobs. 1047 (4) A contract between the department and a governmental 1048 body for a transportation project must: 1049 (a) Specify that the transportation project is for the 1050 construction of a new or expanding business and specify the 1051 number of full-time permanent jobs that will result from the 1052 project. 1053 (b) Identify the governmental body and require that the 1054 governmental body award the construction of the particular 1055 transportation project to the lowest and best bidder in 1056 accordance with applicable state and federal statutes or rules 1057 unless the transportation project can be constructed using 1058 existing local governmental employees within the contract period 1059 specified by the department. 1060 (c) Require that the governmental body provide the 1061 department with quarterly progress reports. Each quarterly 1062 progress report must contain: 1063 1. A narrative description of the work completed and 1064 whether the work is proceeding according to the transportation 1065 project schedule; 1066 2. A description of each change order executed by the 1067 governmental body; 1068 3. A budget summary detailing planned expenditures compared 1069 to actual expenditures; and 1070 4. The identity of each small or minority business used as 1071 a contractor or subcontractor. 1072 (d) Require that the governmental body make and maintain 1073 records in accordance with accepted governmental accounting 1074 principles and practices for each progress payment made for work 1075 performed in connection with the transportation project, each 1076 change order executed by the governmental body, and each payment 1077 made pursuant to a change order. The records are subject to 1078 financial audit as required by law. 1079 (e) Require that the governmental body, upon completion and 1080 acceptance of the transportation project, certify to the 1081 department that the transportation project has been completed in 1082 compliance with the terms and conditions of the contract between 1083 the department and the governmental body and meets the minimum 1084 construction standards established in accordance with s. 1085 336.045. 1086 (f) Specify that the department transfer funds to the 1087 governmental body not more often than quarterly, upon receipt of 1088 a request for funds from the governmental body and consistent 1089 with the needs of the transportation project. The governmental 1090 body shall expend funds received from the department in a timely 1091 manner. The department may not transfer funds unless 1092 construction has begun on the facility of a business on whose 1093 behalf the award was made. A contract totaling less than 1094 $200,000 is exempt from the transfer requirement. 1095 (g) Require that funds be used only on a transportation 1096 project that has been properly reviewed and approved in 1097 accordance with the criteria set forth in this section. 1098 (h) Require that the governing board of the governmental 1099 body adopt a resolution accepting future maintenance and other 1100 attendant costs occurring after completion of the transportation 1101 project if the transportation project is constructed on a county 1102 or municipal system. 1103 (5) For purposes of this section, Space Florida may serve 1104 as the governmental body or as the contracting agency for a 1105 transportation project within spaceport territory as defined by 1106 s. 331.304. 1107 (6) Each governmental body receiving funds under this 1108 section shall submit to the department a financial audit of the 1109 governmental body conducted by an independent certified public 1110 accountant. The department, in consultation with the Department 1111 of Economic Opportunity, shall develop procedures to ensure that 1112 audits are received and reviewed in a timely manner and that 1113 deficiencies or questioned costs noted in the audit are 1114 resolved. 1115 (7) The department shall monitor the construction or 1116 building site for each transportation project that receives 1117 funding under this section, including, but not limited to, the 1118 construction of the business facility, to ensure compliance with 1119 contractual requirements. 1120 Section 19. Section 339.2825, Florida Statutes, is created 1121 to read: 1122 339.2825 Approval of contractor-financed projects.— 1123 (1) Before the department solicits proposals pursuant to s. 1124 334.30 to advance a project programmed in the adopted 5-year 1125 work program or in the 10-year Strategic Intermodal Plan using 1126 funds provided by a public-private partnership or a private 1127 entity to be reimbursed from department funds for the project as 1128 programmed in the adopted work program, the department must 1129 provide a summary of the proposed project to the Executive 1130 Office of the Governor, the chair of each legislative 1131 appropriations committee, the President of the Senate, and the 1132 Speaker of the House of Representatives. The summary must 1133 include a description of any anticipated commitment by the 1134 department for the years outside the adopted work program, a 1135 description of the anticipated impacts on the department’s 1136 overall debt load, and sufficient information to demonstrate 1137 that the project will not cause the department to exceed the 1138 overall debt limitation provided in s. 339.139. The department 1139 may proceed with the project upon approval of the Governor. If 1140 the chair of either legislative appropriations committee, the 1141 President of the Senate, or the Speaker of the House of 1142 Representatives objects to the proposed project in writing 1143 within 14 days after receipt of the summary, the Governor may 1144 not approve the project. 1145 (2) If the department receives an unsolicited proposal 1146 pursuant to s. 334.30 to advance a project programmed in the 1147 adopted 5-year work program or in the 10-year Strategic 1148 Intermodal Plan using funds provided by public-private 1149 partnerships or private entities to be reimbursed from 1150 department funds for the project as programmed in the adopted 1151 work program, the department must provide a summary of the 1152 proposed project to the Executive Office of the Governor, the 1153 chair of each legislative appropriations committee, the 1154 President of the Senate, and the Speaker of the House of 1155 Representatives before the department advertises receipt of the 1156 proposal as provided in s. 334.30. The summary must include a 1157 description of any anticipated commitments by the department for 1158 the years outside the adopted work program, a description of any 1159 anticipated impacts on the department’s overall debt load, and 1160 sufficient information to demonstrate that the project will not 1161 cause the department to exceed the overall debt limitation 1162 provided in s. 339.14. The department may not accept the 1163 unsolicited proposal, advertise receipt of the unsolicited 1164 proposal, or solicit other proposals for the same project 1165 purpose without the approval of the Executive Office of the 1166 Governor. If the chair of either legislative appropriations 1167 committee, the President of the Senate, or the Speaker of the 1168 House of Representatives objects to the proposed project in 1169 writing within 14 days after receipt of the summary, the 1170 Executive Office of the Governor may not approve the proposed 1171 project. 1172 (3) This section does not apply to a public-private 1173 partnership agreement authorized in s. 334.30(2)(a). 1174 Section 20. Paragraph (j) of subsection (2) of section 1175 348.0004, Florida Statutes, is amended to read: 1176 348.0004 Purposes and powers.— 1177 (2) Each authority may exercise all powers necessary, 1178 appurtenant, convenient, or incidental to the carrying out of 1179 its purposes, including, but not limited to, the following 1180 rights and powers: 1181 (j) To pledge, hypothecate, or otherwise encumber all or 1182 any part of the revenues, tolls, rates, fees, rentals, or other 1183 charges or receipts of the authority, including all or any 1184 portion of county gasoline tax funds received by the authority 1185pursuant to the terms of any lease-purchase agreement between1186the authority and the department, as security for all or any of 1187 the obligations of the authority. 1188 Section 21. Subsection (1) of section 348.0005, Florida 1189 Statutes, is amended, and subsection (3) is added to that 1190 section, to read: 1191 348.0005 Bonds.— 1192 (1) Bonds may be issued on behalf of an authority as 1193 provided by the State Bond Act. Bonds may not be issued under 1194 this section unless the resolution authorizing the bonds and 1195 pledging the revenues of a facility requires that the revenues 1196 of the facility be deposited into appropriate accounts in such 1197 sums as are sufficient to pay the costs of operation and 1198 maintenance of any facility for the current fiscal year as set 1199 forth in the annual budget of the authority before any revenues 1200 of the facility are applied to the payment of interest or 1201 principal owing or that may become owing on such bonds. 1202 (3) The provisions of subsection (2) do not apply to any 1203 authority formed on or after July 1, 2012. 1204 Section 22. Section 348.0013, Florida Statutes, is created 1205 to read: 1206 348.0013 Department to construct, operate, and maintain 1207 facilities.— 1208 (1) Notwithstanding any other provision of law to the 1209 contrary, this section applies to any authority formed on or 1210 after July 1, 2012. 1211 (2) The department is the agent of each authority for the 1212 purpose of performing all phases of a project, including, but 1213 not limited to, constructing improvements and extensions to an 1214 expressway system and for the completion of the construction. 1215 The division and the authority shall provide to the department 1216 complete copies of the documents, agreements, resolutions, 1217 contracts, and instruments relating to the construction and 1218 shall request that the department perform the construction work, 1219 including the planning, surveying, design, and actual 1220 construction of the completion, extensions, and improvements to 1221 the expressway system. After the issuance of bonds to finance 1222 the construction of an expressway system or improvements to an 1223 expressway system, the division shall transfer to the credit of 1224 an account of the department in the State Treasury the necessary 1225 funds for construction. The department shall proceed with 1226 construction and use the funds for the purpose authorized and as 1227 otherwise provided by law for the construction of roads and 1228 bridges. The authority may alternatively, with the consent and 1229 approval of the department, appoint as its agent a local agency 1230 certified by the department to administer federal aid projects 1231 in accordance with federal law for the purpose of performing all 1232 phases of a project. 1233 (3) An authority that desires to construct an expressway 1234 shall identify the expressway project in a work plan and submit 1235 the work plan along with its budget. The work plan must include 1236 a finance plan that demonstrates the financial feasibility of 1237 the expressway project, including the authority’s ability to 1238 reimburse the department for all costs of operation and 1239 maintenance of the project from the revenues of the authority’s 1240 expressway system. Legislative approval of the authority’s 1241 budget and work plan is required before bonds may be issued on 1242 behalf of the authority to finance the construction of the 1243 expressway project. The department shall operate and maintain 1244 the expressway system, and the costs incurred by the department 1245 for operation and maintenance shall be reimbursed from revenues 1246 of the expressway system. Each expressway system constructed 1247 under the provisions of this section is a part of the State 1248 Highway System as defined in s. 334.03. 1249 (4) An authority subject to this section may fix, alter, 1250 charge, and establish tolls, rates, fees, rentals, and other 1251 charges for the authority’s facilities, as otherwise provided in 1252 this part. 1253 Section 23. Subsection (5) of section 348.54, Florida 1254 Statutes, is amended to read: 1255 348.54 Powers of the authority.—Except as otherwise limited 1256 herein, the authority shall have the power: 1257 (5) To enter into and make lease-purchase agreements as 1258 provided in s. 348.60 for terms not exceeding 40 years, or until 1259 all bonds secured by a pledge thereunder, and all refundings 1260 thereof, are fully paid as to both principal and interest, 1261 whichever is longer. The authority is a party to a lease- 1262 purchase agreement between the department and the authority 1263 dated November 18, 1997, as supplemented by a supplemental 1264 lease-purchase agreement dated February 7, 2002, and a second 1265 supplemental lease-purchase agreement dated June 23, 2005. The 1266 authority may not enter into other lease-purchase agreements 1267 with the department and may not amend the existing agreement in 1268 a manner that expands or increases the department’s obligations, 1269 unless the department determines that the agreement or amendment 1270 is necessary to permit the refunding of bonds issued before July 1271 1, 2012. The department’s obligations under the lease-purchase 1272 agreement, as supplemented, terminate upon the earlier of: 1273 (a) The defeasance, redemption, or payment in full of the 1274 authority’s bonds issued and outstanding as of July 1, 2012; 1275 (b) The date to which the purchasers of the authority bonds 1276 have consented; or 1277 (c) The date on which termination of the department’s 1278 obligations will occur under the terms of the memorandum of 1279 agreement dated October 26, 2010, between the department and the 1280 authority. 1281 Section 24. Section 348.545, Florida Statutes, is amended 1282 to read: 1283 348.545 Facility improvement; bond financing authority. 1284 Pursuant to s. 11(f), Art. VII of the State Constitution, the 1285 Legislature hereby approves for bond financing by the Tampa 1286 Hillsborough County Expressway Authority improvements to toll 1287 collection facilities, interchanges to the legislatively 1288 approved expressway system, and any other facility appurtenant, 1289 necessary, or incidental to the approved system. Subject to 1290 terms and conditions of applicable revenue bond resolutions and 1291 covenants, such costs may be financed in whole or in part by 1292 revenue bonds issued pursuant to s. 348.56348.56(1)(a) or (b), 1293 whether currently issued or issued in the future, or by a1294combination of such bonds. 1295 Section 25. Subsections (9), (10), (11), and (12) are added 1296 to section 348.56, Florida Statutes, to read: 1297 348.56 Bonds of the authority.— 1298 (9) Notwithstanding any other provision of law to the 1299 contrary, on and after July 1, 2012, the authority may not, 1300 without the department’s consent, request the issuance of any 1301 bonds secured by a pledge of any revenues of the authority which 1302 is senior to, or on a parity with, the authority’s obligation to 1303 fully reimburse the department for the costs of operation, 1304 maintenance, repair, and rehabilitation of the expressway system 1305 paid by the department, except that the authority may request 1306 the issuance of bonds secured by a senior pledge for the purpose 1307 of refunding any authority bonds issued and outstanding as of 1308 July 1, 2012. Refunding bonds authorized by this subsection may 1309 not be issued if such bonds have a final maturity later than the 1310 final maturity of the bonds refunded or if the refunding bonds 1311 provide for higher debt service in any year than the debt 1312 service that is currently paid on such bonds. 1313 (10) Notwithstanding any other provision of law to the 1314 contrary, on and after July 1, 2012, the authority may not 1315 request the issuance of any bonds, except bonds issued to refund 1316 bonds issued before July 1, 2012, which provide any rights 1317 against the department which may be enforced by the holders of 1318 such bonds or debt. Refunding bonds authorized by this 1319 subsection may not be issued if the bonds have a final maturity 1320 later than the final maturity of the bonds refunded or if the 1321 refunding bonds provide for higher debt service in any year than 1322 the debt service that is currently paid on such bonds. The 1323 obligations of the department under any lease-purchase agreement 1324 with the authority, including any obligation to pay any cost of 1325 operation, maintenance, repair, or rehabilitation of the 1326 expressway system, terminate upon the earlier of: 1327 (a) The defeasance or payment of all authority bonds issued 1328 before July 1, 2012, and authority bonds issued to refund such 1329 bonds; 1330 (b) The earlier date to which the purchasers of the 1331 authority bonds have consented; or 1332 (c) The date on which termination of the department’s 1333 obligations will occur under the terms of the memorandum of 1334 agreement dated October 26, 2010, between the department and the 1335 authority. 1336 (11) Beginning July 1, 2012, except for bonds issued to 1337 refund bonds issued before that date, bonds may not be issued 1338 under this section unless the resolution authorizing the bonds 1339 and pledging the revenues of the expressway system requires that 1340 the revenues of the expressway system be deposited into 1341 appropriate accounts in such sums as are sufficient to pay the 1342 costs of operation and maintenance of the expressway system for 1343 the current fiscal year as set forth in the annual budget of the 1344 authority before any revenues of the expressway system are 1345 applied to the payment of interest or principal owing or that 1346 may become owing on such bonds. 1347 (12) Paragraph (1)(b) does not apply in any fiscal year in 1348 which the department’s obligations under the lease-purchase 1349 agreement between the department and authority have not been 1350 terminated as provided in s. 348.60 or in which the authority 1351 has not fully reimbursed the department for the amounts 1352 expended, advanced, or paid to the authority in prior fiscal 1353 years for the costs of operation, maintenance, repair, and 1354 rehabilitation of the expressway system. During any such fiscal 1355 year, bonds may be issued only on behalf of the authority 1356 pursuant to the State Bond Act. 1357 Section 26. Section 348.565, Florida Statutes, is amended 1358 to read: 1359 348.565 Revenue bonds for specified projects.—The existing 1360 facilities that constitute the Tampa-Hillsborough County 1361 Expressway System areherebyapproved to be refinanced by 1362 revenue bonds issued by the Division of Bond Finance of the 1363 State Board of Administration pursuant to s. 11(d)11(f), Art. 1364 VII of the State Constitution and s. 348.56the State Bond Act1365or by revenue bonds issued by the authority pursuant to s.1366348.56(1)(b). In addition, the following projects of the Tampa 1367 Hillsborough County Expressway Authority are approved to be 1368 financed or refinanced by the issuance of revenue bonds in 1369 accordance with this part and s. 11(f), Art. VII of the State 1370 Constitution: 1371 (1) Brandon area feeder roads. 1372 (2) Capital improvements to the expressway system, 1373 including safety and operational improvements and toll 1374 collection equipment. 1375 (3) Lee Roy Selmon Crosstown Expressway System widening. 1376(4) The connector highway linking the Lee Roy Selmon1377Crosstown Expressway to Interstate 4.1378 Section 27. Subsection (1) of section 348.57, Florida 1379 Statutes, is amended to read: 1380 348.57 Refunding bonds.— 1381 (1) Subject to public notice as provided in s. 348.54, the 1382 authority may request or provideis authorized toprovideby 1383 resolution for the issuance from time to time of bonds pursuant 1384 to s. 348.56348.56(1)(b)for the purpose of refunding any bonds 1385 then outstandingregardless of whether the bonds being refunded1386were issued by the authority pursuant to this chapter or on1387behalf of the authority pursuant to the State Bond Act. The 1388 authority may further request or provideis further authorized1389toprovideby resolution for the issuance of bonds pursuant to 1390 s. 348.56 for the combined purpose of: 1391 (a) Paying the cost of constructing, reconstructing, 1392 improving, extending, repairing, maintaining and operating the 1393 expressway system. 1394 (b) Refunding bonds then outstanding. The authorization, 1395 sale and issuance of such obligations, the maturities and other 1396 details thereof, the rights and remedies of the holders thereof, 1397 and the rights, powers, privileges, duties, and obligations of 1398 the authority with respect to the same areshall begoverned by 1399 the foregoing provisions of this part insofar as the same may be 1400 applicable. 1401 Section 28. Subsections (7) and (8) are added to section 1402 348.60, Florida Statutes, to read: 1403 348.60 Lease-purchase agreements.— 1404 (7) The authority is a party to a lease-purchase agreement 1405 between the department and the authority dated November 18, 1406 1997, as supplemented by a supplemental lease-purchase agreement 1407 dated February 7, 2002, and a second supplemental lease-purchase 1408 agreement dated June 23, 2005. The authority may not enter into 1409 any other lease-purchase agreement, or amend the lease-purchase 1410 agreement, unless the department determines that such an 1411 agreement or amendment is necessary to permit the refunding of 1412 bonds issued before July 1, 2012. 1413 (8) Upon the earlier of the defeasance or payment of the 1414 authority bonds issued before July 1, 2012, and any bonds issued 1415 to refund the bonds, or the earlier date to which the purchasers 1416 of the authority bonds have consented: 1417 (a) The obligations of the department under the lease 1418 purchase agreement with the authority, including any obligation 1419 to pay any cost of operation, maintenance, repair, or 1420 rehabilitation of the expressway system, terminates; 1421 (b) The lease-purchase agreement terminates; 1422 (c) The expressway system remains the property of the 1423 authority and may not be transferred to the department; 1424 (d) The authority remains obligated to reimburse the 1425 department for the amounts paid by the department from a source 1426 other than revenues of the expressway system for any cost of 1427 operation, maintenance, repair, or rehabilitation of the 1428 expressway system; and 1429 (e) The department shall collect tolls for the use of the 1430 system as the agent of the authority as provided in this part. 1431 Section 29. Section 348.615, Florida Statutes, is created 1432 to read: 1433 348.615 Department to collect tolls.— 1434 (1) The department is the agent of the authority for the 1435 purpose of collecting tolls for the use of the authority’s 1436 expressway system. The department must be reimbursed for the 1437 costs of collecting such charges from the revenues of the 1438 expressway system. The department may modify its rules regarding 1439 toll collection procedures and the imposition of administrative 1440 charges applicable to the authority’s toll facilities. This 1441 section does not limit the authority of the department under any 1442 other provision of law or under any agreement entered into 1443 before July 1, 2012. 1444 (2) The authority may fix, alter, charge, and establish 1445 tolls, rates, fees, rentals, and other charges for the 1446 authority’s facilities, as otherwise provided in this part. 1447 Section 30. Paragraph (e) of subsection (2) of section 1448 348.754, Florida Statutes, is amended to read: 1449 348.754 Purposes and powers.— 1450 (2) The authority is hereby granted, and shall have and may 1451 exercise all powers necessary, appurtenant, convenient or 1452 incidental to the carrying out of the aforesaid purposes, 1453 including, but without being limited to, the following rights 1454 and powers: 1455 (e) To enter into and make lease-purchase agreements with 1456 the department for terms not exceeding 40 years, or until any 1457 bonds secured by a pledge of rentals thereunder, and any 1458 refundings thereof, are fully paid as to both principal and 1459 interest, whichever is longer. The authority is a party to a 1460 lease-purchase agreement between the department and the 1461 authority dated December 23, 1985, as supplemented by a first 1462 supplement to the lease-purchase agreement dated November 25, 1463 1986, and a second supplement to the lease-purchase agreement 1464 dated October 27, 1988. The authority may not enter into other 1465 lease-purchase agreements with the department and may not amend 1466 the existing agreement in a manner that expands or increases the 1467 department’s obligations, unless the department determines that 1468 the agreement or amendment is necessary to permit the refunding 1469 of bonds issued before July 1, 2012. 1470 Section 31. Section 348.7543, Florida Statutes, is amended 1471 to read: 1472 348.7543 Improvements, bond financing authority for. 1473 Pursuant to s. 11(f), Art. VII of the State Constitution, the 1474 Legislature hereby approves for bond financing by the Orlando 1475 Orange County Expressway Authority improvements to toll 1476 collection facilities, interchanges to the legislatively 1477 approved expressway system, and any other facility appurtenant, 1478 necessary, or incidental to the approved system. Subject to 1479 terms and conditions of applicable revenue bond resolutions and 1480 covenants, such costs may be financed in whole or in part by 1481 revenue bonds issued pursuant to s. 348.755348.755(1)(a) or (b)1482 whether currently issued or issued in the future, or by a1483combination of such bonds. 1484 Section 32. Section 348.7545, Florida Statutes, is amended 1485 to read: 1486 348.7545 Western Beltway Part C, construction authorized; 1487 financing.—Notwithstanding s. 338.2275, the Orlando-Orange 1488 County Expressway Authority is authorized to exercise its 1489 condemnation powers, construct, finance, operate, own, and 1490 maintain that portion of the Western Beltway known as the 1491 Western Beltway Part C, extending from Florida’s Turnpike near 1492 Ocoee in Orange County southerly through Orange and Osceola 1493 Counties to an interchange with I-4 near the Osceola-Polk County 1494 line, as part of the authority’s 20-year capital projects plan. 1495 This project may be financed with any funds available to the 1496 authority for such purpose or revenue bonds issued by the 1497 Division of Bond Finance of the State Board of Administration on 1498 behalf of the authority pursuant to s. 11, Art. VII of the State 1499 Constitution and the State Bond Act, ss. 215.57-215.83. This 1500 project may be refinanced with bonds issued by the authority 1501 pursuant to s. 348.755348.755(1)(d). 1502 Section 33. Section 348.7546, Florida Statutes, is amended 1503 to read: 1504 348.7546 Wekiva Parkway, construction authorized; 1505 financing.—Notwithstanding s.338.2275,1506 (1) The Orlando-Orange County Expressway Authority is 1507herebyauthorized to exercise its condemnation powers and to,1508 construct, finance, operate, own, and maintain those portions of 1509 the Wekiva Parkway which are identified by agreement between the 1510 authority and the department and which are included as part of 1511 the authority’s long-range capital improvement plan. The “Wekiva 1512 Parkway” means any limited access highway or expressway 1513 constructed between State Road 429 and Interstate 4 specifically 1514 incorporating the corridor alignment recommended by 1515 Recommendation 2 of the Wekiva River Basin Area Task Force final 1516 report dated January 15, 2003, and the recommendations of the SR 1517 429 Working Group whichthatwere adopted January 16, 2004. This 1518 project may be financed with any funds available to the 1519 authority for such purpose or revenue bonds issued on behalf of 1520bythe authority under s. 11, Art. VII of the State Constitution 1521 and s. 348.755348.755(1)(b). This section does not invalidate 1522 the exercise by the authority of its condemnation powers or the 1523 acquisition of any property for the Wekiva Parkway before July 1524 1, 2012. 1525 (2) Notwithstanding any other provision of law to the 1526 contrary, in order to ensure that funds are available to the 1527 department for its portion of the Wekiva Parkway, beginning July 1528 1, 2012, the authority shall repay the expenditures by the 1529 department for costs of operation and maintenance of the 1530 Orlando-Orange County Expressway System by annual transfer to 1531 the credit of an account of the department in the State Treasury 1532 from toll revenues of the Orlando-Orange County Expressway 1533 System, or other funds available to the authority, after payment 1534 of the debt service on all bonds issued by or on behalf of the 1535 authority pursuant to this part on or before July 1, 2012, or 1536 bonds issued to refund the bonds, and such other costs as are 1537 required to be paid under the terms of the bond resolutions 1538 under which such bonds were issued. The authority shall pay the 1539 department $10 million on July 1, 2012, and shall make annual 1540 payments of $20 million on each successive July 1 until the 1541 department has been fully reimbursed for all costs of the 1542 Orlando-Orange County Expressway System which were paid, 1543 advanced, or reimbursed to the authority by the department, with 1544 a final payment in the amount of the balance remaining. If the 1545 authority fails to make a payment to the department as required 1546 in this subsection, the authority shall raise tolls, defer 1547 projects, or reduce its administrative and other expenses until 1548 it is current in such payments. Notwithstanding any other law to 1549 the contrary, the funds paid to the department pursuant to this 1550 subsection shall be allocated by the department for construction 1551 of the Wekiva Parkway. 1552 (3) Notwithstanding any other provision of law to the 1553 contrary, on and after July 1, 2012, the authority may not, 1554 without the department’s consent, request the issuance of any 1555 bonds secured by a pledge of any authority revenues which is 1556 senior to, or on a parity with, the authority’s obligation to 1557 make the annual payments to the department required under this 1558 section, except that the authority may request the issuance of 1559 bonds secured by a senior pledge for the purpose of refunding 1560 any authority bonds issued and outstanding as of July 1, 2012. 1561 Refunding bonds authorized by this subsection may not be issued 1562 if such bonds have a final maturity later than the final 1563 maturity of the bonds refunded or if the refunding bonds provide 1564 for higher debt service in any year than the debt service that 1565 is currently paid on such bonds. 1566 (4) The department’s obligation to construct its portions 1567 of the Wekiva Parkway is contingent upon the timely payment by 1568 the authority of the annual payments required of the authority 1569 under this section and receipt of all required environmental 1570 permits and approvals by the Federal Government. 1571 Section 34. Section 348.7547, Florida Statutes, is amended 1572 to read: 1573 348.7547 Maitland Boulevard Extension and Northwest Beltway 1574 Part A Realignment construction authorized; financing. 1575 Notwithstanding s. 338.2275, the Orlando-Orange County 1576 Expressway Authority is hereby authorized to exercise its 1577 condemnation powers, construct, finance, operate, own, and 1578 maintain the portion of State Road 414 known as the Maitland 1579 Boulevard Extension and the realigned portion of the Northwest 1580 Beltway Part A as part of the authority’s long-range capital 1581 improvement plan. The Maitland Boulevard Extension will extend 1582 from the current terminus of State Road 414 at U.S. 441 west to 1583 State Road 429 in west Orange County. The realigned portion of 1584 the Northwest Beltway Part A will run from the point at or near 1585 where the Maitland Boulevard Extension will connect with State 1586 Road 429 and will proceed to the west and then north resulting 1587 in the northern terminus of State Road 429 moving farther west 1588 before reconnecting with U.S. 441. However, under no 1589 circumstances shall the realignment of the Northwest Beltway 1590 Part A conflict or contradict with the alignment of the Wekiva 1591 Parkway as defined in s. 348.7546. This project may be financed 1592 with any funds available to the authority for such purpose or 1593 revenue bonds issued by or on behalf of the authority under s. 1594 11, Art. VII of the State Constitution and s. 348.755 1595348.755(1)(b). 1596 Section 35. Subsections (6), (7), (8), and (9) are added to 1597 section 348.755, Florida Statutes, to read: 1598 348.755 Bonds of the authority.— 1599 (6) Notwithstanding any other provision of law to the 1600 contrary, on and after July 1, 2012, the authority may not 1601 request the issuance of any bonds, except bonds issued to refund 1602 bonds issued before July 1, 2012, which provide any rights 1603 against the department which may be enforced by the holders of 1604 such bonds or debt. Refunding bonds authorized by this 1605 subsection may not be issued if the bonds have a final maturity 1606 later than the final maturity of the bonds refunded or if the 1607 refunding bonds provide for higher debt service in any year than 1608 the debt service that is currently paid on such bonds. Upon the 1609 earlier of the defeasance or payment of all authority bonds 1610 issued before July 1, 2012, or the defeasance or payment of the 1611 authority bonds issued to refund such bonds, or such earlier 1612 date to which the purchasers of the authority bonds have 1613 consented, the obligations of the department under any lease 1614 purchase agreement with the authority, including any obligation 1615 to pay any cost of operation, maintenance, repair, or 1616 rehabilitation of the Orlando-Orange County Expressway System, 1617 terminate. 1618 (7) Notwithstanding any other provision of law to the 1619 contrary, on and after July 1, 2012, the authority may not, 1620 without the department’s consent, request the issuance of any 1621 bonds secured by a pledge of any revenues of the authority which 1622 is senior to, or on a parity with, the authority’s obligation to 1623 fully reimburse the department for the costs of operation, 1624 maintenance, repair, and rehabilitation of the Orlando-Orange 1625 County Expressway System paid by the department, except that the 1626 authority may request the issuance of bonds secured by a senior 1627 pledge for the purpose of refunding any authority bonds issued 1628 and outstanding as of July 1, 2012. Refunding bonds authorized 1629 by this subsection may not be issued if the bonds have a final 1630 maturity later than the final maturity of the bonds refunded or 1631 if the refunding bonds provide for higher debt service in any 1632 year than the debt service that is currently paid on the bonds. 1633 (8) Beginning July 1, 2012, the authority may not issue 1634 bonds, except bonds issued to refund bonds issued before such 1635 date, unless the resolution authorizing the bonds and pledging 1636 the revenues of the Orlando-Orange County Expressway System 1637 requires that the revenues of the expressway system be deposited 1638 into appropriate accounts in such sums as are sufficient to pay 1639 the costs of operation and maintenance of the Orlando-Orange 1640 County Expressway System for the current fiscal year as set 1641 forth in the annual budget of the authority before any revenues 1642 of the Orlando-Orange County Expressway System are applied to 1643 the payment of interest or principal owing or that may become 1644 owing on such bonds. 1645 (9) Paragraphs (1)(b) and (d) do not apply in any fiscal 1646 year in which the department’s obligations under the lease 1647 purchase agreement between the department and authority have not 1648 been terminated as provided in s. 348.757 or in which the 1649 authority has not fully reimbursed the department for all 1650 amounts expended, advanced, or paid to the authority in prior 1651 fiscal years for the costs of operation, maintenance, repair, 1652 and rehabilitation of the expressway system. During any such 1653 fiscal year, bonds may be issued only on behalf of the authority 1654 pursuant to the State Bond Act. 1655 Section 36. Subsections (8) and (9) are added to section 1656 348.757, Florida Statutes, to read: 1657 348.757 Lease-purchase agreement.— 1658 (8) The only lease-purchase agreement authorized by this 1659 section is the lease-purchase agreement between the department 1660 and the authority dated December 23, 1985, as supplemented by a 1661 first supplement to the lease-purchase agreement dated November 1662 25, 1986, and a second supplement to the lease-purchase 1663 agreement dated October 27, 1988. The authority may not enter 1664 into any other lease-purchase agreements with the department and 1665 may not amend the existing agreement in a manner that expands 1666 the scope of the department’s obligations, unless the department 1667 determines the agreement or amendment is necessary to permit the 1668 refunding of bonds issued before July 1, 2012. 1669 (9) The department’s obligations under the lease-purchase 1670 agreement between the department and the authority dated 1671 December 23, 1985, as supplemented by a first supplement to the 1672 lease-purchase agreement dated November 25, 1986, and a second 1673 supplement to the lease-purchase agreement dated October 27, 1674 1988, terminate upon the earlier of the defeasance, redemption, 1675 or payment in full of the authority’s bonds issued and 1676 outstanding as of July 1, 2012, or bonds to refund such bonds, 1677 or such earlier date to which the purchasers of the authority 1678 bonds have consented. 1679 Section 37. Section 348.7585, Florida Statutes, is created 1680 to read: 1681 348.7585 Department to collect tolls.— 1682 (1) The department is the agent of the authority for the 1683 purpose of collecting tolls for the use of the authority’s 1684 expressway system. The department shall be reimbursed from the 1685 revenues of the expressway system for the costs of collecting 1686 the tolls. The department may modify its rules regarding toll 1687 collection procedures and the imposition of administrative 1688 charges to be applicable to the authority’s toll facilities. 1689 This section does not limit the authority of the department 1690 under any other provision of law or under any agreement entered 1691 into before July 1, 2012. 1692 (2) The authority may fix, alter, charge, and establish 1693 tolls, rates, fees, rentals, and other charges for the 1694 authority’s facilities, as otherwise provided in this section. 1695 Section 38. Paragraph (a) of subsection (4) of section 1696 348.9952, Florida Statutes, is amended to read: 1697 348.9952 Osceola County Expressway Authority.— 1698 (4)(a) The authority may employ an executive secretary, an 1699 executive director, its own counsel and legal staff, technical 1700 experts, engineers, and other employees, permanent or temporary, 1701 as it may require, and may determine the qualifications and fix 1702 the compensation of such persons, firms, or corporations. 1703Additionally, the authority may employ a fiscal agent or agents.1704However, the authority shall solicit sealed proposals from at1705least three persons, firms, or corporations for the performance1706of any services as fiscal agents.The authority may delegate to 1707 one or more of its agents or employees such of its power as it 1708 deems necessary to carry out the purposes of this part, subject 1709 always to the supervision and control of the authority. 1710 Section 39. Section 348.9956, Florida Statutes, is 1711 repealed. 1712 Section 40. Section 348.99565, Florida Statutes, is created 1713 to read: 1714 348.99565 Department to construct, operate, and maintain 1715 facilities.— 1716 (1) The department is the agent of the authority for the 1717 purpose of performing all phases of a project, including, but 1718 not limited to, constructing improvements and extensions to the 1719 expressway system. The division and the authority shall provide 1720 to the department complete copies of all documents, agreements, 1721 resolutions, contracts, and instruments relating to the project 1722 and shall request that the department perform the construction 1723 work, including the planning, surveying, design, and actual 1724 construction of the completion, extensions, and improvements to 1725 the expressway system. After the issuance of bonds to finance 1726 construction of any improvements or additions to the expressway 1727 system, the division shall transfer to the credit of an account 1728 of the department in the State Treasury the necessary funds for 1729 construction. The department shall proceed with construction and 1730 use the funds for the purpose authorized and as provided by law 1731 for the construction of roads and bridges. The authority may 1732 alternatively, with the consent and approval of the department, 1733 appoint as its agent a local agency certified by the department 1734 to administer federal aid projects in accordance with federal 1735 law for the purpose of performing all phases of a project. 1736 (2) If the authority desires to construct improvements or 1737 extensions to the expressway system, it shall identify the 1738 expressway improvement project in a work plan and submit the 1739 work plan with its budget. The work plan must include a finance 1740 plan that demonstrates the financial feasibility of the 1741 expressway project, including the authority’s ability to 1742 reimburse the department for all costs of operation and 1743 maintenance of the improvements or extensions from the revenues 1744 of the expressway system. Legislative approval of the 1745 authority’s budget and work plan is required before bonds may be 1746 issued on behalf of the authority to finance the construction of 1747 the improvements or extensions. The department shall operate and 1748 maintain the expressway system, and the costs incurred by the 1749 department for operation and maintenance shall be reimbursed 1750 from revenues of the expressway system. The expressway system 1751 shall be part of the State Highway System as defined in s. 1752 334.03. 1753 (3) The authority may fix, alter, charge, and establish 1754 tolls, rates, fees, rentals, and other charges for the 1755 authority’s facilities, as otherwise provided in this part. 1756 Section 41. Subsection (2) of section 369.317, Florida 1757 Statutes, is amended, and subsection (9) is added to that 1758 section, to read: 1759 369.317 Wekiva Parkway.— 1760 (2) The Wekiva Parkway and related transportation 1761 facilities shall follow the design criteria contained in the 1762 recommendations of the Wekiva River Basin Area Task Force 1763 adopted by reference by the Wekiva River Basin Coordinating 1764 Committee in its final report of March 16, 2004, and the 1765 recommendations of the Wekiva Coordinating Committee contained 1766 in its final report of March 16, 2004, subject to reasonable 1767 environmental, economic, and engineering considerations. For 1768 those activities associated with the Wekiva Parkway and related 1769 transportation facilities which require authorization pursuant 1770 to part IV of chapter 373, the Department of Environmental 1771 Protection is the exclusive permitting authority. 1772 (9) In Seminole County, the Department of Transportation 1773 shall locate the precise corridor and interchanges for the 1774 Wekiva Parkway consistent with the legislative intent expressed 1775 in other provisions of this act. 1776 Section 42. Paragraph (a) of subsection (4) of section 1777 377.809, Florida Statutes, is amended to read: 1778 377.809 Energy Economic Zone Pilot Program.— 1779 (4)(a) Beginning July 1, 2012, all the incentives and 1780 benefits provided for enterprise zones pursuant to state law 1781 shall be available to the energy economic zones designated 1782 pursuant to this section on or before July 1, 2010. In order to 1783 provide incentives, by March 1, 2012, each local governing body 1784 that has jurisdiction over an energy economic zone must, by 1785 local ordinance, establish the boundary of the energy economic 1786 zone, specify applicable energy-efficiency standards, and 1787 determine eligibility criteria for the application of state and 1788 local incentives and benefits in the energy economic zone. 1789 However, in order to receive benefits provided under s. 288.106, 1790 a business must be a qualified target industry business under s. 1791 288.106 for state purposes. An energy economic zone’s boundary 1792 may be revised by local ordinance. Such incentives and benefits 1793 include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183, 1794 288.106, and 624.5105 and the public utility discounts provided 1795 in s. 290.007(8). The exemption provided in s. 212.08(5)(c) 1796 shall be for renewable energy as defined in s. 377.803. For 1797 purposes of this section, any applicable requirements for 1798 employee residency for higher refund or credit thresholds must 1799 be based on employee residency in the energy economic zone or an 1800 enterprise zone. A business in an energy economic zone may also 1801 be eligible for funding under ss. 288.047 and 445.003, and a 1802 transportation project in an energy economic zone shall be 1803 provided priority in funding under s. 339.2821288.063. Other 1804 projects shall be given priority ranking to the extent 1805 practicable for grants administered under state energy programs. 1806 Section 43. The funds in the Toll Facilities Revolving 1807 Trust Fund and all future payments of obligated funds shall be 1808 deposited into the State Transportation Trust Fund to be 1809 expended for the purposes specified in s. 339.08, Florida 1810 Statutes. 1811 Section 44. The Florida Transportation Commission shall 1812 conduct a study of the potential for cost savings that might be 1813 realized through increased efficiencies through the sharing of 1814 resources for the accomplishment of design, construction, and 1815 maintenance activities by or on behalf of expressway authorities 1816 in the state. The commission may retain such experts as are 1817 reasonably necessary to complete the study, and the Department 1818 of Transportation shall pay the expenses of such experts. The 1819 commission shall complete the study and provide a written report 1820 of its findings and conclusions to the Governor, the President 1821 of the Senate, the Speaker of the House of Representatives, and 1822 the chairs of each of the appropriations committees by December 1823 31, 2012. 1824 Section 45. This act shall take effect July 1, 2012.