Bill Text: FL S2152 | 2011 | Regular Session | Enrolled
Bill Title: Transportation
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2011-05-07 - Ordered engrossed, then enrolled -SJ 1848 [S2152 Detail]
Download: Florida-2011-S2152-Enrolled.html
ENROLLED 2011 Legislature SB 2152, 1st Engrossed 20112152er 1 2 An act relating to transportation; amending s. 120.80, 3 F.S.; providing that requirements relating to 4 rulemaking and statements of estimated regulatory 5 costs do not apply to the adjustment of tolls; 6 amending s. 338.26, F.S.; requiring that excess funds 7 generated from Alligator Alley tolls be used to 8 develop and operate a fire station to provide fire, 9 rescue, and emergency management services in adjacent 10 counties along Alligator Alley; repealing s. 11 343.805(6), F.S., relating to the definition of the 12 term “lease-purchase agreement” as it relates to the 13 Northwest Florida Transportation Corridor Authority 14 and the Department of Transportation; amending s. 15 343.835, F.S.; deleting references to lease-purchase 16 agreements; amending s. 343.836, F.S.; deleting 17 references to lease-purchase agreements in remedies to 18 bondholders as they relate to the U.S. 98 Corridor 19 System; repealing s. 343.837, F.S., relating to lease 20 purchase agreements that provide for the leasing of 21 the U.S. 98 Corridor System to the Department of 22 Transportation; repealing s. 343.885, F.S., relating 23 to the enforceability of pledges by bondholders; 24 repealing s. 343.91(1)(h), F.S., relating to the 25 definition of the term “lease-purchase agreement” as 26 it relates to the Tampa Bay Area Regional 27 Transportation Authority and the Department of 28 Transportation; amending s. 343.94, F.S.; deleting 29 references to lease-purchase agreements; amending s. 30 343.944, F.S.; deleting references to lease-purchase 31 agreements in remedies to bondholders as they relate 32 to the Tampa Bay Area Regional Transportation 33 Authority; repealing s. 343.945, F.S., relating to the 34 enforceability of pledges to the Tampa Bay Area 35 Regional Transportation Authority; repealing s. 36 343.946, F.S., relating to lease-purchase agreements 37 that provide for the leasing of projects of the Tampa 38 Bay Area Regional Transportation Authority to the 39 Department of Transportation; repealing s. 40 348.0002(11), F.S., relating to the definition of the 41 term “lease-purchase agreement” as it relates to 42 expressway authorities and the Department of 43 Transportation; amending s. 348.0004, F.S.; 44 authorizing authorities created pursuant to the 45 Florida Expressway Authority Act to own expressway 46 systems; deleting the power of such authorities to 47 lease such systems; deleting obsolete provisions; 48 amending s. 348.0005, F.S.; deleting a reference to 49 the Department of Transportation to conform to changes 50 made by the act; repealing s. 348.0006, F.S., which 51 provides for lease-purchase agreements in the Florida 52 Expressway Authority Act; repealing part II of ch. 53 348, F.S., which provides for the creation and 54 operation of the Brevard County Expressway Authority; 55 repealing part III of ch. 348, F.S., which provides 56 for the creation and operation of the Broward County 57 Expressway Authority; repealing part VI of ch. 348, 58 F.S., which provides for the creation and operation of 59 the Pasco County Expressway Authority; repealing part 60 VII of ch. 348, F.S., which provides for the creation 61 and operation of the St. Lucie County Expressway and 62 Bridge Authority; repealing part VIII of ch. 348, 63 F.S., which provides for the creation and operation of 64 the Seminole County Expressway Authority; repealing 65 part X of ch. 348, F.S., which provides for the 66 creation and operation of the Southwest Florida 67 Expressway Authority; repealing s. 348.9955, F.S., 68 relating to the power of the Osceola Expressway 69 Authority to enter into lease-purchase agreements with 70 the Department of Transportation; repealing s. 71 349.02(1)(d), F.S., relating to the definition of the 72 term “lease-purchase agreement” as it relates to the 73 Jacksonville Transportation Authority and the 74 Department of Transportation; amending s. 349.04, 75 F.S.; deleting the authority of the Jacksonville 76 Transportation Authority to enter lease-purchase 77 agreements; amending s. 349.05, F.S.; deleting 78 authorization for lease-purchase agreements in bond 79 agreements of the Jacksonville Transportation 80 Authority; repealing s. 349.07, F.S., relating to 81 lease-purchase agreements that provide for the leasing 82 of the Jacksonville Expressway System to the 83 Department of Transportation; amending s. 349.15, 84 F.S.; deleting certain bond authority of the 85 department; amending s. 364.02, F.S.; revising 86 definitions; providing legislative intent; providing 87 that any purchase of new equipment, machinery, or 88 other inventory by state agencies as a result damage 89 caused by fire, smoke, water, or any incident be 90 limited to purchases that are absolutely necessary and 91 are irreparable; requiring that all state agencies 92 develop and adopt assessment protocols for evaluating 93 and determining whether equipment, machinery, or other 94 inventory needs repair or restored; amending ss. 95 196.012, 199.183, 212.08, 290.007, 350.0605, 364.602, 96 and 489.103, F.S.; conforming cross-references; 97 providing an effective date. 98 99 Be It Enacted by the Legislature of the State of Florida: 100 101 Section 1. Subsection (17) is added to section 120.80, 102 Florida Statutes, to read: 103 120.80 Exceptions and special requirements; agencies.— 104 (17) DEPARTMENT OF TRANSPORTATION.—Sections 120.54(3)(b) 105 and 120.541 do not apply to the adjustment of tolls pursuant to 106 s. 338.165(3). 107 Section 2. Subsection (3) of section 338.26, Florida 108 Statutes, is amended to read: 109 338.26 Alligator Alley toll road.— 110 (3) Fees generated from tolls shall be deposited in the 111 State Transportation Trust Fund, and any amount of funds 112 generated annually in excess of that required to reimburse 113 outstanding contractual obligations, to operate and maintain the 114 highway and toll facilities, including reconstruction and 115 restoration,andto pay for those projects that are funded with 116 Alligator Alley toll revenues and that are contained in the 117 1993-1994 adopted work program or the 1994-1995 tentative work 118 program submitted to the Legislature on February 22, 1994, and 119 to develop and operate a fire station at mile marker 63 on 120 Alligator Alley to provide fire, rescue, and emergency 121 management services to the adjacent counties along Alligator 122 Alley, may be transferred to the Everglades Fund of the South 123 Florida Water Management District. The South Florida Water 124 Management District shall deposit funds for projects undertaken 125 pursuant to s. 373.4592 in the Everglades Trust Fund pursuant to 126 s. 373.45926(4)(a). Any funds remaining in the Everglades Fund 127 may be used for environmental projects to restore the natural 128 values of the Everglades, subject to compliance with any 129 applicable federal laws and regulations. Projects shall be 130 limited to: 131 (a) Highway redesign to allow for improved sheet flow of 132 water across the southern Everglades. 133 (b) Water conveyance projects to enable more water 134 resources to reach Florida Bay to replenish marine estuary 135 functions. 136 (c) Engineering design plans for wastewater treatment 137 facilities as recommended in the Water Quality Protection 138 Program Document for the Florida Keys National Marine Sanctuary. 139 (d) Acquisition of lands to move STA 3/4 out of the Toe of 140 the Boot, provided such lands are located within 1 mile of the 141 northern border of STA 3/4. 142 (e) Other Everglades Construction Projects as described in 143 the February 15, 1994, conceptual design document. 144 Section 3. Subsection (6) of section 343.805, Florida 145 Statutes, is repealed. 146 Section 4. Paragraph (b) of subsection (2) and paragraph 147 (a) of subsection (3) of section 343.835, Florida Statutes, are 148 amended to read: 149 343.835 Bonds of the authority.— 150 (2) Any such resolution or resolutions authorizing any 151 bonds hereunder may contain provisions that are part of the 152 contract with the holders of such bonds, as to: 153 (b) The completion, improvement, operation, extension, 154 maintenance, repair, or lease, or lease-purchase agreementof 155 the system, and the duties of the authority and others,156including the department,with reference thereto. 157 (3) The authority may employ fiscal agents as provided by 158 this part or the State Board of Administration may, upon request 159 of the authority, act as fiscal agent for the authority in the 160 issuance of any bonds that are issued pursuant to this part, and 161 the State Board of Administration may, upon request of the 162 authority, take over the management, control, administration, 163 custody, and payment of any or all debt services or funds or 164 assets now or hereafter available for any bonds issued pursuant 165 to this part. The authority may enter into any deeds of trust, 166 indentures, or other agreements with its fiscal agent, or with 167 any bank or trust company within or without the state, as 168 security for such bonds and may, under such agreements, sign and 169 pledge all or any of the revenues, rates, fees, rentals, or 170 other charges or receipts of the authority. Such deed of trust, 171 indenture, or other agreement may contain such provisions as are 172 customary in such instruments or, as the authority authorizes, 173 including, but without limitation, provisions as to: 174 (a) The completion, improvement, operation, extension, 175 maintenance, repair, and lease ofor lease-purchase agreement176relating toU.S. 98 corridor improvements and the duties of the 177 authority and others, including the department,with reference 178 thereto. 179 Section 5. Section 343.836, Florida Statutes, is amended to 180 read: 181 343.836 Remedies of the bondholders.— 182 (1) The rights and the remedies in this section conferred 183 upon or granted to the bondholders are in addition to and not in 184 limitation of any rights and remedies lawfully granted to such 185 bondholders by the resolution or resolutions providing for the 186 issuance of bonds or by alease-purchase agreement,deed of 187 trust, indenture, or other agreement under which the bonds may 188 be issued or secured. If the authority defaults in the payment 189 of the principal of or interest on any of the bonds issued 190 pursuant to the provisions of this part after such principal of 191 or interest on the bonds becomes due, whether at maturity or 192 upon call for redemption,or the department defaults in any193payments under, or covenants made in, any lease-purchase194agreement between the authority and the department,and such 195 default continues for a period of 30 days, or if the authority 196or the departmentfails or refuses to comply with the provisions 197 of this part or any agreement made with, or for the benefit of, 198 the holders of the bonds, the holders of 25 percent in aggregate 199 principal amount of the bonds then outstanding may appoint a 200 trustee to represent such bondholders for the purposes hereof, 201 if such holders of 25 percent in aggregate principal amount of 202 the bonds then outstanding shall first give notice of their 203 intention to appoint a trustee to the authorityand to the204department. Such notice shall be deemed to have been given if 205 given in writing, deposited in a securely sealed postpaid 206 wrapper, mailed at a regularly maintained United States post 207 office box or station, and addressed, respectively,to the chair 208 of the authorityand to the secretary of the department at the209principal office of the department. 210 (2) Such trustee and any trustee under any deed of trust, 211 indenture, or other agreement may, and upon written request of 212 the holders of 25 percent or such other percentages as are 213 specified in any deed of trust, indenture, or other agreement 214 aforesaid in principal amount of the bonds then outstanding 215 shall, in any court of competent jurisdiction, in his, her, or 216 its own name: 217 (a) By mandamus or other suit, action, or proceeding at law 218 or in equity, enforce all rights of the bondholders, including 219 the right to require the authority to fix, establish, maintain, 220 collect, and charge rates, fees, rentals, and other charges 221 adequate to carry out any agreement as to or pledge of the 222 revenues or receipts of the authority to carry out any other 223 covenants and agreements with or for the benefit of the 224 bondholders, and to perform its and their duties under this 225 part. 226(b) By mandamus or other suit, action, or proceeding at law227or in equity, enforce all rights of the bondholders under or228pursuant to any lease-purchase agreement between the authority229and the department, including the right to require the230department to make all rental payments required to be made by it231under the provisions of any such lease-purchase agreement, to232require the department to carry out any other covenants and233agreements with or for the benefit of the bondholders, and to234perform its and their duties under this part.235 (b)(c)Bring suit upon the bonds. 236 (c)(d)By action or suit in equity, require the authority 237or the departmentto account as if it were the trustee of an 238 express trust for the bondholders. 239 (d)(e)By action or suit in equity, enjoin any acts or 240 things that may be unlawful or in violation of the rights of the 241 bondholders. 242 (3) Any trustee, when appointed as aforesaid or acting 243 under a deed of trust, indenture, or other agreement, and 244 whether or not all bonds have been declared due and payable, may 245 appoint a receiver who may enter upon and take possession of the 246 system or the facilities or any part or parts thereof, the 247 rates, fees, rentals, or other revenues, charges, or receipts 248 from which are or may be applicable to the payment of the bonds 249 so in default, and, subject to and in compliance with the250provisions of any lease-purchase agreement between the authority251and the department,operate and maintain the same for and on 252 behalf of and in the name of the authority, the department,and 253 the bondholders, and collect and receive all rates, fees, 254 rentals, and other charges or receipts or revenues arising 255 therefrom in the same manner as the authorityor the department256 might do, and shall deposit all such moneys in a separate 257 account and apply such moneys in such manner as the court shall 258 direct. In any suit, action, or proceeding by the trustee, the 259 fees, counsel fees, and expenses of the trustee and the 260 receiver, if any, and all costs and disbursements allowed by the 261 court shall be a first charge on any rates, fees, rentals, or 262 other charges, revenues, or receipts derived from the system or 263 the facilities or services or any part or parts thereof, 264including payments under any such lease-purchase agreement as265aforesaid,which rates, fees, rentals, or other charges, 266 revenues, or receipts may be applicable to the payment of the 267 bonds so in default. Such trustee, in addition to the foregoing, 268 possesses all of the powers necessary for the exercise of any 269 functions specifically set forth herein or incident to the 270 representation of the bondholders in the enforcement and 271 protection of their rights. 272 (4) This section or any other section of this part does not 273 authorize any receiver appointed pursuant hereto for the 274 purpose, subject to and in compliance with the provisions of any275lease-purchase agreement between the authority and the276department,of operating and maintaining the system or any 277 facilities or part or parts thereof, to sell, assign, mortgage, 278 or otherwise dispose of any of the assets of whatever kind and 279 character belonging to the authority. It is the intention of 280 this part to limit the powers of such receiver, subject to and281in compliance with the provisions of any lease-purchase282agreement between the authority and the department,to the 283 operation and maintenance of the system or any facility or part 284 or parts thereof, as the court may direct, in the name and for 285 and on behalf of the authority, the department,and the 286 bondholders. In any suit, action, or proceeding at law or in 287 equity, a holder of bonds on the authority, a trustee, or any 288 court may not compel or direct a receiver to sell, assign, 289 mortgage, or otherwise dispose of any assets of whatever kind or 290 character belonging to the authority. A receiver also may not be 291 authorized to sell, assign, mortgage, or otherwise dispose of 292 any assets of whatever kind or character belonging to the 293 authority in any suit, action, or proceeding at law or in 294 equity. 295 Section 6. Section 343.837, Florida Statutes, is repealed. 296 Section 7. Section 343.885, Florida Statutes, is repealed. 297 Section 8. Section 343.91(1)(h), Florida Statutes, is 298 repealed. 299 Section 9. Paragraph (b) of subsection (3) and paragraph 300 (a) of subsection (4) of section 343.94, Florida Statutes, are 301 amended to read: 302 343.94 Bond financing authority.— 303 (3) Any such resolution or resolutions authorizing any 304 bonds hereunder may contain provisions that are part of the 305 contract with the holders of such bonds, as to: 306 (b) The completion, improvement, operation, extension, 307 maintenance, repair, or lease of, or lease-purchase agreement308relating to,the system and the duties of the authority and 309 others, including the department, with reference thereto. 310 (4) The authority may employ fiscal agents as provided by 311 this part or the State Board of Administration may, upon request 312 of the authority, act as fiscal agent for the authority in the 313 issuance of any bonds that are issued pursuant to this part, and 314 the State Board of Administration may, upon request of the 315 authority, take over the management, control, administration, 316 custody, and payment of any or all debt services or funds or 317 assets now or hereafter available for any bonds issued pursuant 318 to this part. The authority may enter into any deeds of trust, 319 indentures, or other agreements with its fiscal agent, or with 320 any bank or trust company within or without the state, as 321 security for such bonds and may, under such agreements, sign and 322 pledge all or any of the revenues, rates, fees, rentals, or 323 other charges or receipts of the authority. Such deed of trust, 324 indenture, or other agreement may contain such provisions as are 325 customary in such instruments or as the authority authorizes, 326 including, but without limitation, provisions as to: 327 (a) The completion, improvement, operation, extension, 328 maintenance, repair, and lease of, or lease-purchase agreement329relating to,highway, bridge, and related transportation 330 facilities and appurtenances and the duties of the authority and 331 others, including the department,with reference thereto. 332 Section 10. Section 343.944, Florida Statutes, is amended 333 to read: 334 343.944 Remedies of the bondholders.— 335 (1) The rights and the remedies in this section conferred 336 upon or granted to the bondholders are in addition to and not in 337 limitation of any rights and remedies lawfully granted to such 338 bondholders by the resolution or resolutions providing for the 339 issuance of bonds or by alease-purchase agreement,deed of 340 trust, indenture, or other agreement under which the bonds may 341 be issued or secured. If the authority defaults in the payment 342 of the principal of or interest on any of the bonds issued 343 pursuant to the provisions of this part after such principal of 344 or interest on the bonds becomes due, whether at maturity or 345 upon call for redemption, or the department defaults in any346payments under, or covenants made in, any lease-purchase347agreement between the authority and the department,and such 348 default continues for a period of 30 days, or if the authority 349 or the department fails or refuses to comply with the provisions 350 of this part or any agreement made with, or for the benefit of, 351 the holders of the bonds, the holders of 25 percent in aggregate 352 principal amount of the bonds then outstanding may appoint a 353 trustee to represent such bondholders for the purposes hereof, 354 if such holders of 25 percent in aggregate principal amount of 355 the bonds then outstanding shall first give notice of their 356 intention to appoint a trustee to the authorityand to the357department. Such notice shall be deemed to have been given if 358 given in writing, deposited in a securely sealed postpaid 359 wrapper, mailed at a regularly maintained United States post 360 office box or station, and addressed, respectively, to the chair 361 of the authorityand to the secretary of the department at the362principal office of the department. 363 (2) Such trustee and any trustee under any deed of trust, 364 indenture, or other agreement may and, upon written request of 365 the holders of 25 percent or such other percentages as are 366 specified in any deed of trust, indenture, or other agreement 367 aforesaid in principal amount of the bonds then outstanding, 368 shall, in any court of competent jurisdiction, in his, her, or 369 its own name: 370 (a) By mandamus or other suit, action, or proceeding at law 371 or in equity, enforce all rights of the bondholders, including 372 the right to require the authority to fix, establish, maintain, 373 collect, and charge rates, fees, rentals, and other charges 374 adequate to carry out any agreement as to or pledge of the 375 revenues or receipts of the authority, to carry out any other 376 covenants and agreements with or for the benefit of the 377 bondholders, and to perform its and their duties under this 378 part. 379(b) By mandamus or other suit, action, or proceeding at law380or in equity, enforce all rights of the bondholders under or381pursuant to any lease-purchase agreement between the authority382and the department, including the right to require the383department to make all rental payments required to be made by it384under the provisions of any such lease-purchase agreement and to385require the department to carry out any other covenants and386agreements with or for the benefit of the bondholders and to387perform its and their duties under this part.388 (b)(c)Bring suit upon the bonds. 389 (c)(d)By action or suit in equity, require the authority 390 or the department to account as if it were the trustee of an 391 express trust for the bondholders. 392 (d)(e)By action or suit in equity, enjoin any acts or 393 things that may be unlawful or in violation of the rights of the 394 bondholders. 395 (3) Any trustee, when appointed as aforesaid or acting 396 under a deed of trust, indenture, or other agreement, and 397 regardless of whether all bonds have been declared due and 398 payable, may appoint a receiver who may enter upon and take 399 possession of the system or the facilities or any part or parts 400 thereof, the rates, fees, rentals, or other revenues, charges, 401 or receipts from which are or may be applicable to the payment 402 of the bonds so in default,and, subject to and in compliance403with the provisions of any lease-purchase agreement between the404authority and the department,operate and maintain the same for 405 and on behalf of and in the name of the authority, the406department,and the bondholders, and collect and receive all 407 rates, fees, rentals, and other charges or receipts or revenues 408 arising therefrom in the same manner as the authorityor the409departmentmight do, and shall deposit all such moneys in a 410 separate account and apply such moneys in such manner as the 411 court shall direct. In any suit, action, or proceeding by the 412 trustee, the fees, counsel fees, and expenses of the trustee and 413 the receiver, if any, and all costs and disbursements allowed by 414 the court shall be a first charge on any rates, fees, rentals, 415 or other charges, revenues, or receipts derived from the system 416 or the facilities or services or any part or parts thereof, 417including payments under any such lease-purchase agreement as418aforesaid,which rates, fees, rentals, or other charges, 419 revenues, or receipts may be applicable to the payment of the 420 bonds so in default. Such trustee, in addition to the foregoing, 421 possesses all of the powers necessary for the exercise of any 422 functions specifically set forth herein or incident to the 423 representation of the bondholders in the enforcement and 424 protection of their rights. 425 (4) This section or any other section of this part does not 426 authorize any receiver appointed pursuant hereto for the 427 purpose, subject to and in compliance with the provisions of any428lease-purchase agreement between the authority and the429department,of operating and maintaining the system or any 430 facilities or part or parts thereof to sell, assign, mortgage, 431 or otherwise dispose of any of the assets of whatever kind and 432 character belonging to the authority. It is the intention of 433 this part to limit the powers of such receiver, subject to and434in compliance with the provisions of any lease-purchase435agreement between the authority and the department,to the 436 operation and maintenance of the system or any facility or part 437 or parts thereof, as the court may direct, in the name of and 438 for and on behalf of the authority, the department,and the 439 bondholders. In any suit, action, or proceeding at law or in 440 equity, a holder of bonds on the authority, a trustee, or any 441 court may not compel or direct a receiver to sell, assign, 442 mortgage, or otherwise dispose of any assets of whatever kind or 443 character belonging to the authority. A receiver also may not be 444 authorized to sell, assign, mortgage, or otherwise dispose of 445 any assets of whatever kind or character belonging to the 446 authority in any suit, action, or proceeding at law or in 447 equity. 448 Section 11. Section 343.945, Florida Statutes, is repealed. 449 Section 12. Section 343.946, Florida Statutes, is repealed. 450 Section 13. Subsection (11) of section 348.0002, Florida 451 Statutes, is repealed. 452 Section 14. Paragraph (a) of subsection (1), paragraph (e) 453 of subsection (2), and paragraph (d) of subsection (9) of 454 section 348.0004, Florida Statutes, are amended, present 455 paragraphs (f) through (l) of subsection (2) of that section are 456 redesignated as paragraphs (e) through (k), respectively, and 457 present paragraphs (e) through (h) of subsection (9) of that 458 section are redesignated as paragraphs (d) through (g), 459 respectively, to read: 460 348.0004 Purposes and powers.— 461 (1)(a) An authority created and established pursuant to the 462 Florida Expressway Authority Act may acquire, hold, construct, 463 improve, maintain, operate, and own, and leasean expressway 464 system. 465 (2) Each authority may exercise all powers necessary, 466 appurtenant, convenient, or incidental to the carrying out of 467 its purposes, including, but not limited to, the following 468 rights and powers: 469(e) To enter into and make lease-purchase agreements with470the department until any bonds secured by a pledge of rentals471thereunder, and any refundings thereof, are fully paid as to472both principal and interest.473 (9) The Legislature declares that there is a public need 474 for the rapid construction of safe and efficient transportation 475 facilities for traveling within the state and that it is in the 476 public’s interest to provide for public-private partnership 477 agreements to effectuate the construction of additional safe, 478 convenient, and economical transportation facilities. 479(d) The department may lend funds from the Toll Facilities480Revolving Trust Fund, as outlined in s.338.251, to public481private partnerships. To be eligible a private entity must482comply with s.338.251and must provide an indication from a483nationally recognized rating agency that the senior bonds for484the project will be investment grade or must provide credit485support, such as a letter of credit or other means acceptable to486the department, to ensure that the loans will be fully repaid.487 Section 15. Paragraph (b) of subsection (2) of section 488 348.0005, Florida Statutes, is amended to read: 489 348.0005 Bonds.— 490 (2) 491 (b) The bonds of an authority in any county as defined in 492 s. 125.011(1), issued pursuant to the provisions of this part, 493 whether on original issuance or refunding, must be authorized by 494 resolution of the authority, after approval of the issuance of 495 the bonds at a public hearing, and may be either term or serial 496 bonds, shall bear such date or dates, mature at such time or 497 times, bear interest at such rate or rates, be payable 498 semiannually, be in such denominations, be in such form, either 499 coupon or fully registered, shall carry such registration, 500 exchangeability and interchangeability privileges, be payable in 501 such medium of payment and at such place or places, be subject 502 to such terms of redemption and be entitled to such priorities 503 on the revenues, rates, fees, rentals, or other charges or 504 receipts of the authority including any county gasoline tax 505 funds received by an authority pursuant to the terms of any 506 interlocal or lease-purchase agreement between an authority, the507department,or a county, as such resolution or any resolution 508 subsequent thereto may provide. The bonds must be executed by 509 such officers as the authority determines under the requirements 510 of s. 279.06. 511 Section 16. Section 348.0006, Florida Statutes, is 512 repealed. 513 Section 17. Part II of chapter 348, Florida Statutes, 514 consisting of ss. 348.216, 348.217, 348.218, 348.219, 348.22, 515 348.221, 348.222, 348.223, 348.224, 348.225, 348.226, 348.227, 516 348.228, 348.229, and 348.23, is repealed. 517 Section 18. Part III of chapter 348, Florida Statutes, 518 consisting of ss. 348.24, 348.241, 348.242, 348.243, 348.244, 519 348.245, 348.246, 348.247, 348.248, 348.249, and 348.25, is 520 repealed. 521 Section 19. Part VI of chapter 348, Florida Statutes, 522 consisting of ss. 348.80, 348.81, 348.82, 348.83, 348.84, 523 348.86, 348.87, 348.88, 348.89, 348.90, 348.91, 348.92, 348.93, 524 and 348.94, is repealed. 525 Section 20. Part VII of chapter 348, Florida Statutes, 526 consisting of ss. 348.9401, 348.941, 348.942, 348.943, 348.944, 527 348.945, 348.946, 348.947, 348.948, 348.949, and 348.9495, is 528 repealed. 529 Section 21. Part VIII of chapter 348, Florida Statutes, 530 consisting of ss. 348.95, 348.951, 348.952, 348.953, 348.954, 531 348.955, 348.956, 348.957, 348.958, 348.959, 348.96, 348.961, 532 348.962, and 348.963, is repealed. 533 Section 22. Part X of chapter 348, Florida Statutes, 534 consisting of ss. 348.993, 348.9931, 348.9932, 348.9933, 535 348.9934, 348.9935, 348.9936, 348.9938, 348.9939, 348.994, 536 348.9941, 348.9942, 348.9943, 348.9944, 348.9945, 348.9946, 537 348.9947, 348.9948, is repealed. 538 Section 23. Section 348.9955, Florida Statutes, is 539 repealed. 540 Section 24. Paragraph (d) of subsection (1) of s. 349.02, 541 Florida Statutes, is repealed. 542 Section 25. Paragraphs (e) and (g) of subsection (2) of 543 section 349.04, Florida Statutes, are amended, and present 544 paragraphs (f) through (u) of that subsection are redesignated 545 as paragraphs (e) through (t), respectively, to read: 546 349.04 Purposes and powers.— 547 (2) The authority is hereby granted, and shall have and may 548 exercise all powers necessary, appurtenant, convenient, or 549 incidental to the carrying out of the aforesaid purposes, 550 including, but without being limited to, the right and power: 551(e) To enter into and make lease-purchase agreements with552the department for terms not exceeding 40 years, or until any553bonds secured by a pledge of rentals thereunder, and any554refundings thereof, are fully paid as to both principal and555interest, whichever is longer.556 (g)1. To borrow money and make and issue negotiable notes, 557 bonds, refunding bonds, and other evidences of indebtedness or 558 obligations, either in temporary or definitive form (hereinafter 559 in this chapter sometimes called “bonds”), of the authority, for 560 the purpose of funding or refunding, at or prior to maturity, 561 any bonds theretofore issued by the authority, or by the Florida 562 State Improvement Commission to finance part of the cost of the 563 Jacksonville Expressway System, and purposes related thereto, 564 and for the purpose of financing or refinancing all or part of 565 the costs of completion, improvement, or extension of the 566 Jacksonville Expressway System, and appurtenant facilities, 567 including all approaches, streets, roads, bridges, and avenues 568 of access for the Jacksonville Expressway System and for any 569 other purpose authorized by this chapter, such bonds to mature 570 in not exceeding 40 years from the date of the issuance thereof; 571andto secure the payment of such bonds or any part thereof by a 572 pledge of any or all of its revenues, rates, fees, rentals, or 573 other charges, including all or any portion of the Duval County 574 gasoline tax funds received by the authoritypursuant to the575terms of any lease-purchase agreement between the authority and576the department; and in general to provide for the security of 577 such bonds and the rights and remedies of the holders thereof. 578 2. In the event that the authority determines to fund or 579 refund any bonds theretofore issued by the authority, or by the 580 commission as aforesaid, prior to the maturity thereof, the 581 proceeds of such funding or refunding bonds shall, pending the 582 prior redemption of the bonds to be funded or refunded, be 583 invested in direct obligations of the United States; and it is 584 the express intention of this chapter that such outstanding 585 bonds may be funded or refunded by the issuance of bonds 586 pursuant to this chapter notwithstanding that part of such 587 outstanding bonds will not mature or become redeemable until 6 588 years after the date of issuance of bonds pursuant to this 589 chapter to fund or refund such outstanding bonds. 590 Section 26. Subsections (2) and (3) of section 349.05, 591 Florida Statutes, are amended to read: 592 349.05 Bonds of the authority; bonds not debt or pledges of 593 credit of state.— 594 (2) Any such resolution or resolutions authorizing any 595 bonds hereunder may contain provisions, and valid and legally 596 binding covenants of the authority, which shall be part of the 597 contract with the holders of such bonds, as to: 598 (a) The pledging of all or any part of the revenues, rates, 599 fees, rentals, including the sales surtax adopted pursuant to s. 600 212.055(1) (including all or any portion of the county gasoline 601 tax funds received by the authority), or other charges or 602 receipts of any nature of the authority, whether or not derived 603 by the authority from the Jacksonville Expressway System or its 604 other transportation facilities; 605 (b) The completion, improvement, operation, extension, 606 maintenance, repair, or lease, or lease-purchase agreementof 607 said system or transportation facilities, and the duties of the 608 authority and others, including the department, with reference 609 thereto; 610 (c) Limitations on the purposes to which the proceeds of 611 the bonds, then or thereafter to be issued, or of any loan or 612 grant, may be applied; 613 (d) The fixing, charging, establishing, and collecting of 614 rates, fees, rentals, or other charges for use of the services 615 and facilities of the Jacksonville Expressway System or any part 616 thereof or its other transportation facilities; 617 (e) The setting aside of reserves or sinking funds or 618 repair and replacement funds and the regulation and disposition 619 thereof; 620 (f) Limitations on the issuance of additional bonds; 621 (g) The terms and provisions of any lease-purchase 622 agreement, deed of trust, or indenture securing the bonds or 623 under which the same may be issued; and 624 (h) Any other or additional provisions, covenants, and 625 agreements with the holders of the bonds which the authority may 626 deem desirable and proper. 627 (3) The State Board of Administration may, upon request by 628 the authority, act as fiscal agent for the authority in the 629 issuance of any bonds that may be issued pursuant to this 630 chapter, and the State Board of Administration may, upon request 631 by the authority, take over the management, control, 632 administration, custody, and payment of any or all debt services 633 or funds or assets now or hereafter available for any bonds 634 issued pursuant to this chapter. The authority may enter into 635 deeds of trust, indentures, or other agreements with a corporate 636 trustee or trustees, which shall act as fiscal agent for the 637 authority and may be any bank or trust company within or without 638 the state, as security for such bonds and may, under such 639 agreements, assign and pledge all or any of the revenues, rates, 640 fees, rentals, or other charges or receipts of the authority, 641 including all or any portion of local option taxes or county 642 gasoline tax funds received by the authority, thereunder. Such 643 deed of trust, indenture, or other agreement may contain such 644 provisions as are customary in such instruments or as the 645 authority may authorize, including, without limitation, 646 provisions as to: 647 (a) The completion, improvement, operation, extension, 648 maintenance, repair, and lease of, or lease-purchase agreement649relating to,all or any part of transportation facilities 650 authorized in this chapter to be constructed, acquired, 651 developed, or operated by the authority and the duties of the 652 authority and others, including the department,with reference 653 thereto; 654 (b) The application of funds and the safeguarding of funds 655 on hand or on deposit; 656 (c) The rights and remedies of the trustee and the holders 657 of the bonds; and 658 (d) The terms and provisions of the bonds or the 659 resolutions authorizing the issuance of the same. 660 Section 27. Section 349.07, Florida Statutes, is repealed. 661 Section 28. Section 349.15, Florida Statutes, is amended to 662 read: 663 349.15 Remedies; pledges enforceable by bondholders.—Any 664 holder of bonds issued under this chapter, except to the extent 665 such rights may be restricted by the resolution, deed of trust, 666 indenture, or other proceeding relating to the issuance of such 667 bonds, may by civil action, mandamus, or other appropriate 668 action, suit, or proceeding in law or in equity, in any court of 669 competent jurisdiction, protect and enforce any and all rights 670 of such bondholder granted under the proceedings authorizing the 671 issuance of such bonds and enforce any pledge made for payment 672 of the principal and interest on bonds, or any covenant or 673 agreement relative thereto, against the authorityor directly674against the department, as may be appropriate.It is the express675intention of this chapter that any pledge by the department of676rates, fees, revenues, county gasoline tax funds, or other677funds, as rentals, to the authority or any covenants or678agreements relative thereto may be enforceable in any court of679competent jurisdiction against the authority or directly against680the department by any holder of bonds issued by the authority.681 Section 29. Section 364.02, Florida Statutes, is amended to 682 read: 683 364.02 Definitions.—As used in this chapter, the term: 684 (1) “Basic local telecommunications service” means voice 685 grade, single-line, flat-rate residential local exchange service 686 that provides dial tone, local usage necessary to place 687 unlimited calls within a local exchange area, dual tone 688 multifrequency dialing, and access to the following: emergency 689 services such as “911,” all locally available interexchange 690 companies, directory assistance, operator services, and relay 691 services, and an alphabetical directory listing. For a local 692 exchange telecommunications company, the term includes any 693 extended area service routes, and extended calling service in 694 existence or ordered by the commission on or before July 1, 695 1995. 696 (2) “Broadband service” means any service that consists of 697 or includes the offering of the capability to transmit or 698 receive information at a rate that is not less than 200 kilobits 699 per second and either: 700 (a) Is used to provide access to the Internet; or 701 (b) Provides computer processing, information storage, 702 information content, or protocol conversion in combination with 703 the service. 704 705 The definition of broadband service does not include any 706 intrastate telecommunications services that have been tariffed 707 with the commission on or before January 1, 2005. 708 (3) “Commercial mobile radio service provider” means a 709 commercial mobile radio service provider as defined by and 710 pursuant to 47 U.S.C. ss. 153(27) and 332(d). 711 (4) “Commission” means the Florida Public Service 712 Commission. 713 (5) “Competitive local exchange telecommunications company” 714 means any company certificated by the commission to provide 715 local exchange telecommunications services in this state on or 716 after July 1, 1995. 717 (6) “Corporation” includes a corporation, company, 718 association, or joint stock association. 719 (7) “Intrastate interexchange telecommunications company” 720 means any entity that provides intrastate interexchange 721 telecommunications services. 722 (8) “Local exchange telecommunications company” means any 723 company certificated by the commission to provide local exchange 724 telecommunications service in this state on or before June 30, 725 1995. 726(9) “Monopoly service” means a telecommunications service727for which there is no effective competition, either in fact or728by operation of law.729 (9)(10)“Nonbasic service” means any telecommunications 730 service provided by a local exchange telecommunications company 731 other than a basic local telecommunications service,alocal 732 interconnection, resale, or unbundling pursuant toarrangement733described ins. 364.16, or a network access service described in 734 s. 364.163. Any combination of basic service along with a 735 nonbasic service or an unregulated service is nonbasic service. 736 (10)(11)“Operator service” includes, but is not limited 737 to, billing or completion of third-party, person-to-person, 738 collect, or calling card or credit card calls through the use of 739 a live operator or automated equipment. 740 (11)(12)“Operator service provider” means a person who 741 furnishes operator service through a call aggregator. 742 (12)(13)“Service” is to be construed in its broadest and 743 most inclusive sense. The term “service” does not include 744 broadband service or voice-over-Internet protocol service for 745 purposes of regulation by the commission. Nothing herein shall 746 affect the rights and obligations of any entity related to the 747 payment of switched network access rates or other intercarrier 748 compensation, if any, related to voice-over-Internet protocol 749 service. Notwithstanding s. 364.013, and the exemption of 750 services pursuant to this subsection, the commission may 751 arbitrate, enforce, or approve interconnection agreements, and 752 resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or 753 any other applicable federal law or regulation. With respect to 754 the services exempted in this subsection, regardless of the 755 technology, the duties of a local exchange telecommunications 756 company are only those that the company is obligated to extend 757 or provide under applicable federal law and regulations. 758 (13)(14)“Telecommunications company” includes every 759 corporation, partnership, and person and their lessees, 760 trustees, or receivers appointed by any court whatsoever, and 761 every political subdivision in the state, offering two-way 762 telecommunications service to the public for hire within this 763 state by the use of a telecommunications facility. The term 764 “telecommunications company” does not include: 765 (a) An entity that provides a telecommunications facility 766 exclusively to a certificated telecommunications company; 767 (b) An entity that provides a telecommunications facility 768 exclusively to a company which is excluded from the definition 769 of a telecommunications company under this subsection; 770 (c) A commercial mobile radio service provider; 771 (d) A facsimile transmission service; 772 (e) A private computer data network company not offering 773 service to the public for hire; 774 (f) A cable television company providing cable service as 775 defined in 47 U.S.C. s. 522;or776 (g) An intrastate interexchange telecommunications company; 777 (h) An operator services provider; or 778 (i) An airport that provides communications services within 779 the confines of its airport layout plan. 780 781 However, each commercial mobile radio service provider and each 782 intrastate interexchange telecommunications company shall 783 continue to be liable for any taxes imposed under chapters 202, 784 203, and 212and any fees assessed under s.364.025. Each 785 intrastate interexchange telecommunications company shall 786 continue to be subject to s.ss.364.04,364.10(3)(a) and (d),787 364.163,364.285,364.336,364.501,364.603, and364.604, shall788provide the commission with the current information as the789commission deems necessary to contact and communicate with the790company,and shall continue to pay intrastate switched network 791 access rates or other intercarrier compensation to the local 792 exchange telecommunications company or the competitive local 793 exchange telecommunications company for the origination and 794 termination of interexchange telecommunications service. 795 (14)(15)“Telecommunications facility” includes real 796 estate, easements, apparatus, property, and routes used and 797 operated to provide two-way telecommunications service to the 798 public for hire within this state. 799 (15)(16)“VoIP” means any service that: 800 (a) Enables real-time, two-way voice communications that 801 originate from or terminate to the user’s location in Internet 802 Protocol or any successor protocol; 803 (b) Uses a broadband connection from the user’s location; 804 and 805 (c) Permits users generally to receive calls that originate 806 on the public switched telephone network and to terminate calls 807 to the public switched telephone networkthe voice-over-Internet808protocol as that term is defined in federal law. 809 Section 30. (1) It is the intent of the Legislature that 810 purchases of new equipment, machinery, or inventory by any state 811 agency as a result of damage from fire, smoke, water, or any 812 other similar incident be limited to purchases that are 813 absolutely necessary because the damaged equipment, machinery, 814 or inventory is in irreparable condition. 815 (2) By January 1, 2012, each state agency shall develop and 816 adopt assessment protocols for evaluating and determining 817 whether equipment, machinery, or any other inventory must be 818 repaired or restored before any request to purchase replacement 819 equipment, machinery, or any other inventory is approved. 820 Section 31. Subsection (6) of section 196.012, Florida 821 Statutes, is amended to read: 822 196.012 Definitions.—For the purpose of this chapter, the 823 following terms are defined as follows, except where the context 824 clearly indicates otherwise: 825 (6) Governmental, municipal, or public purpose or function 826 shall be deemed to be served or performed when the lessee under 827 any leasehold interest created in property of the United States, 828 the state or any of its political subdivisions, or any 829 municipality, agency, special district, authority, or other 830 public body corporate of the state is demonstrated to perform a 831 function or serve a governmental purpose which could properly be 832 performed or served by an appropriate governmental unit or which 833 is demonstrated to perform a function or serve a purpose which 834 would otherwise be a valid subject for the allocation of public 835 funds. For purposes of the preceding sentence, an activity 836 undertaken by a lessee which is permitted under the terms of its 837 lease of real property designated as an aviation area on an 838 airport layout plan which has been approved by the Federal 839 Aviation Administration and which real property is used for the 840 administration, operation, business offices and activities 841 related specifically thereto in connection with the conduct of 842 an aircraft full service fixed base operation which provides 843 goods and services to the general aviation public in the 844 promotion of air commerce shall be deemed an activity which 845 serves a governmental, municipal, or public purpose or function. 846 Any activity undertaken by a lessee which is permitted under the 847 terms of its lease of real property designated as a public 848 airport as defined in s. 332.004(14) by municipalities, 849 agencies, special districts, authorities, or other public bodies 850 corporate and public bodies politic of the state, a spaceport as 851 defined in s. 331.303, or which is located in a deepwater port 852 identified in s. 403.021(9)(b) and owned by one of the foregoing 853 governmental units, subject to a leasehold or other possessory 854 interest of a nongovernmental lessee that is deemed to perform 855 an aviation, airport, aerospace, maritime, or port purpose or 856 operation shall be deemed an activity that serves a 857 governmental, municipal, or public purpose. The use by a lessee, 858 licensee, or management company of real property or a portion 859 thereof as a convention center, visitor center, sports facility 860 with permanent seating, concert hall, arena, stadium, park, or 861 beach is deemed a use that serves a governmental, municipal, or 862 public purpose or function when access to the property is open 863 to the general public with or without a charge for admission. If 864 property deeded to a municipality by the United States is 865 subject to a requirement that the Federal Government, through a 866 schedule established by the Secretary of the Interior, determine 867 that the property is being maintained for public historic 868 preservation, park, or recreational purposes and if those 869 conditions are not met the property will revert back to the 870 Federal Government, then such property shall be deemed to serve 871 a municipal or public purpose. The term “governmental purpose” 872 also includes a direct use of property on federal lands in 873 connection with the Federal Government’s Space Exploration 874 Program or spaceport activities as defined in s. 212.02(22). 875 Real property and tangible personal property owned by the 876 Federal Government or Space Florida and used for defense and 877 space exploration purposes or which is put to a use in support 878 thereof shall be deemed to perform an essential national 879 governmental purpose and shall be exempt. “Owned by the lessee” 880 as used in this chapter does not include personal property, 881 buildings, or other real property improvements used for the 882 administration, operation, business offices and activities 883 related specifically thereto in connection with the conduct of 884 an aircraft full service fixed based operation which provides 885 goods and services to the general aviation public in the 886 promotion of air commerce provided that the real property is 887 designated as an aviation area on an airport layout plan 888 approved by the Federal Aviation Administration. For purposes of 889 determination of “ownership,” buildings and other real property 890 improvements which will revert to the airport authority or other 891 governmental unit upon expiration of the term of the lease shall 892 be deemed “owned” by the governmental unit and not the lessee. 893 Providing two-way telecommunications services to the public for 894 hire by the use of a telecommunications facility, as defined in 895 s. 364.02(14)s.364.02(15), and for which a certificate is 896 required under chapter 364 does not constitute an exempt use for 897 purposes of s. 196.199, unless the telecommunications services 898 are provided by the operator of a public-use airport, as defined 899 in s. 332.004, for the operator’s provision of 900 telecommunications services for the airport or its tenants, 901 concessionaires, or licensees, or unless the telecommunications 902 services are provided by a public hospital. 903 Section 32. Subsection (1) of section 199.183, Florida 904 Statutes, is amended to read: 905 199.183 Taxpayers exempt from nonrecurring taxes.— 906 (1) Intangible personal property owned by this state or any 907 of its political subdivisions or municipalities shall be exempt 908 from taxation under this chapter. This exemption does not apply 909 to: 910 (a) Any leasehold or other interest that is described in s. 911 199.023(1)(d), Florida Statutes 2005; or 912 (b) Property related to the provision of two-way 913 telecommunications services to the public for hire by the use of 914 a telecommunications facility, as defined in s. 364.02(14)s.915364.02(15), and for which a certificate is required under 916 chapter 364, when the service is provided by any county, 917 municipality, or other political subdivision of the state. Any 918 immunity of any political subdivision of the state or other 919 entity of local government from taxation of the property used to 920 provide telecommunication services that is taxed as a result of 921 this paragraph is hereby waived. However, intangible personal 922 property related to the provision of telecommunications services 923 provided by the operator of a public-use airport, as defined in 924 s. 332.004, for the operator’s provision of telecommunications 925 services for the airport or its tenants, concessionaires, or 926 licensees, and intangible personal property related to the 927 provision of telecommunications services provided by a public 928 hospital, are exempt from taxation under this chapter. 929 Section 33. Subsection (6) of section 212.08, Florida 930 Statutes, is amended to read: 931 212.08 Sales, rental, use, consumption, distribution, and 932 storage tax; specified exemptions.—The sale at retail, the 933 rental, the use, the consumption, the distribution, and the 934 storage to be used or consumed in this state of the following 935 are hereby specifically exempt from the tax imposed by this 936 chapter. 937 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.—There are also 938 exempt from the tax imposed by this chapter sales made to the 939 United States Government, a state, or any county, municipality, 940 or political subdivision of a state when payment is made 941 directly to the dealer by the governmental entity. This 942 exemption shall not inure to any transaction otherwise taxable 943 under this chapter when payment is made by a government employee 944 by any means, including, but not limited to, cash, check, or 945 credit card when that employee is subsequently reimbursed by the 946 governmental entity. This exemption does not include sales of 947 tangible personal property made to contractors employed either 948 directly or as agents of any such government or political 949 subdivision thereof when such tangible personal property goes 950 into or becomes a part of public works owned by such government 951 or political subdivision. A determination whether a particular 952 transaction is properly characterized as an exempt sale to a 953 government entity or a taxable sale to a contractor shall be 954 based on the substance of the transaction rather than the form 955 in which the transaction is cast. The department shall adopt 956 rules that give special consideration to factors that govern the 957 status of the tangible personal property before its affixation 958 to real property. In developing these rules, assumption of the 959 risk of damage or loss is of paramount consideration in the 960 determination. This exemption does not include sales, rental, 961 use, consumption, or storage for use in any political 962 subdivision or municipality in this state of machines and 963 equipment and parts and accessories therefor used in the 964 generation, transmission, or distribution of electrical energy 965 by systems owned and operated by a political subdivision in this 966 state for transmission or distribution expansion. Likewise 967 exempt are charges for services rendered by radio and television 968 stations, including line charges, talent fees, or license fees 969 and charges for films, videotapes, and transcriptions used in 970 producing radio or television broadcasts. The exemption provided 971 in this subsection does not include sales, rental, use, 972 consumption, or storage for use in any political subdivision or 973 municipality in this state of machines and equipment and parts 974 and accessories therefor used in providing two-way 975 telecommunications services to the public for hire by the use of 976 a telecommunications facility, as defined in s. 364.02(14)s.977364.02(15), and for which a certificate is required under 978 chapter 364, which facility is owned and operated by any county, 979 municipality, or other political subdivision of the state. Any 980 immunity of any political subdivision of the state or other 981 entity of local government from taxation of the property used to 982 provide telecommunication services that is taxed as a result of 983 this section is hereby waived. However, the exemption provided 984 in this subsection includes transactions taxable under this 985 chapter which are for use by the operator of a public-use 986 airport, as defined in s. 332.004, in providing such 987 telecommunications services for the airport or its tenants, 988 concessionaires, or licensees, or which are for use by a public 989 hospital for the provision of such telecommunications services. 990 Section 34. Subsection (8) of section 290.007, Florida 991 Statutes, is amended to read: 992 290.007 State incentives available in enterprise zones.—The 993 following incentives are provided by the state to encourage the 994 revitalization of enterprise zones: 995 (8) Notwithstanding any law to the contrary, the Public 996 Service Commission may allow public utilities and 997 telecommunications companies to grant discounts of up to 50 998 percent on tariffed rates for services to small businesses 999 located in an enterprise zone designated pursuant to s. 1000 290.0065. Such discounts may be granted for a period not to 1001 exceed 5 years. For purposes of this subsection, the term 1002 “public utility” has the same meaning as in s. 366.02(1) and the 1003 term “telecommunications company” has the same meaning as in s. 1004 364.02(13)s.364.02(14). 1005 Section 35. Subsection (3) of section 350.0605, Florida 1006 Statutes, is amended to read: 1007 350.0605 Former commissioners and employees; representation 1008 of clients before commission.— 1009 (3) For a period of 2 years following termination of 1010 service on the commission, a former member may not accept 1011 employment by or compensation from a business entity which, 1012 directly or indirectly, owns or controls a public utility 1013 regulated by the commission, from a public utility regulated by 1014 the commission, from a business entity which, directly or 1015 indirectly, is an affiliate or subsidiary of a public utility 1016 regulated by the commission or is an actual business competitor 1017 of a local exchange company or public utility regulated by the 1018 commission and is otherwise exempt from regulation by the 1019 commission under ss. 364.02(13)364.02(14)and 366.02(1), or 1020 from a business entity or trade association that has been a 1021 party to a commission proceeding within the 2 years preceding 1022 the member’s termination of service on the commission. This 1023 subsection applies only to members of the Florida Public Service 1024 Commission who are appointed or reappointed after May 10, 1993. 1025 Section 36. Subsection (4) of section 364.602, Florida 1026 Statutes, is amended to read: 1027 364.602 Definitions.—For purposes of this part: 1028 (4) “Originating party” means any person, firm, 1029 corporation, or other entity, including a telecommunications 1030 company or a billing clearinghouse, that provides any 1031 telecommunications service or information service to a customer 1032 or bills a customer through a billing party, except the term 1033 “originating party” does not include any entity specifically 1034 exempted from the definition of “telecommunications company” as 1035 provided in s. 364.02(13)s.364.02(14). 1036 Section 37. Subsection (5) of section 489.103, Florida 1037 Statutes, is amended to read: 1038 489.103 Exemptions.—This part does not apply to: 1039 (5) Public utilities, including special gas districts as 1040 defined in chapter 189, telecommunications companies as defined 1041 in s. 364.02(13)s.364.02(14), and natural gas transmission 1042 companies as defined in s. 368.103(4), on construction, 1043 maintenance, and development work performed by their employees, 1044 which work, including, but not limited to, work on bridges, 1045 roads, streets, highways, or railroads, is incidental to their 1046 business. The board shall define, by rule, the term “incidental 1047 to their business” for purposes of this subsection. 1048 Section 38. This act shall take effect July 1, 2011.