Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1132
       
       
       
       
       
       
                                Barcode 252748                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2013           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Gardiner) recommended the following:
       
    1         Senate Amendment to Amendment (955216) (with title
    2  amendment)
    3  
    4         Delete lines 2461 - 2471
    5  and insert:
    6         Section 57. Section 348.751, Florida Statutes, is amended
    7  to read:
    8         348.751 Short title.—This part shall be known and may be
    9  cited as the “Central Florida Orlando-Orange County Expressway
   10  Authority Law.”
   11         Section 58. Section 348.752, Florida Statutes, is amended
   12  to read:
   13         348.752 Definitions.—As used in this chapter The following
   14  terms, whenever used or referred to in this law, shall have the
   15  following meanings, except in those instances where the context
   16  clearly indicates otherwise:
   17         (1) The term “agency of the state” means and includes the
   18  state and any department of, or corporation, agency, or
   19  instrumentality heretofore or hereafter created, designated, or
   20  established by, the state.
   21         (2) The term “authority” means the body politic and
   22  corporate, and agency of the state created by this part.
   23         (3) The term “bonds” means and includes the notes, bonds,
   24  refunding bonds, or other evidences of indebtedness or
   25  obligations, in either temporary or definitive form, which the
   26  authority is authorized to issue pursuant to this part.
   27         (4) The term “Central Florida Expressway Authority” means
   28  the body politic and corporate, and agency of the state created
   29  by this chapter The term “city” means the City of Orlando.
   30         (5) The term “Central Florida Expressway System” means any
   31  expressway and appurtenant facilities, including all approaches,
   32  roads, bridges, and avenues for the expressway and any rapid
   33  transit, trams, or fixed guideways located within the right-of
   34  way of an expressway The term “county” means the County of
   35  Orange.
   36         (6) The term “department” means the Department of
   37  Transportation existing under chapters 334-339.
   38         (7) The term “expressway” has the same meaning is the same
   39  as limited access expressway.
   40         (8) The term “federal agency” means and includes the United
   41  States, the President of the United States, and any department
   42  of, or corporation, agency, or instrumentality heretofore or
   43  hereafter created, designated, or established by, the United
   44  States.
   45         (9) The term “lease-purchase agreement” means the lease
   46  purchase agreements that which the authority is authorized
   47  pursuant to this part to enter into with the Department of
   48  Transportation pursuant to this part.
   49         (10) The term “limited access expressway” means a street or
   50  highway specifically especially designed for through traffic,
   51  and over, from, or to which, a no person does not shall have the
   52  right of easement, use, or access except in accordance with the
   53  rules of and regulations promulgated and established by the
   54  authority governing its use for the use of such facility. Such
   55  highways or streets may be parkways that do not allow traffic
   56  by, from which trucks, buses, and other commercial vehicles
   57  shall be excluded, or they may be freeways open to use by all
   58  customary forms of street and highway traffic.
   59         (11) The term “members” means the governing body of the
   60  authority, and the term “member” means an individual who serves
   61  on the one of the individuals constituting such governing body
   62  of the authority.
   63         (12) The term “Orange County gasoline tax funds” means all
   64  the revenue derived from the 80-percent surplus gasoline tax
   65  funds accruing in each year to the Department of Transportation
   66  for use in Orange County under the provisions of s. 9, Art. XII
   67  of the State Constitution, after deducting deduction only of any
   68  amounts of said gasoline tax funds previously heretofore pledged
   69  by the department or the county for outstanding obligations.
   70         (13) The term “Orlando-Orange County Expressway System”
   71  means any and all expressways and appurtenant facilities
   72  thereto, including, but not limited to, all approaches, roads,
   73  bridges, and avenues of access for said expressway or
   74  expressways.
   75         (13)(14) The term “State Board of Administration” means the
   76  body corporate existing under the provisions of s. 9, Art. XII
   77  of the State Constitution, or any successor thereto.
   78         (14) The term transportation facilities” means and
   79  includes the mobile and fixed assets, and the associated real or
   80  personal property or rights, used in the transportation of
   81  persons or property by any means of conveyance, and all
   82  appurtenances, such as, but not limited to, highways; limited or
   83  controlled access lanes, avenues of access, and facilities;
   84  vehicles; fixed guideway facilities, including maintenance
   85  facilities; and administrative and other office space for the
   86  exercise by the authority of the powers and obligations granted
   87  in this part.
   88         (15) Words importing singular number include the plural
   89  number in each case and vice versa, and words importing persons
   90  include firms and corporations.
   91         Section 59. Section 348.753, Florida Statutes, is amended
   92  to read:
   93         348.753 Central Florida Orlando-Orange County Expressway
   94  Authority.—
   95         (1) There is hereby created and established a body politic
   96  and corporate, an agency of the state, to be known as the
   97  Central Florida Orlando-Orange County Expressway Authority.,
   98  hereinafter referred to as “authority.”
   99         (2)(a)Effective July 1, 2014, the Central Florida
  100  Expressway Authority shall assume the governance and control of
  101  the Orlando-Orange County Expressway Authority System, including
  102  its assets, personnel, contracts, obligations, liabilities,
  103  facilities, and tangible and intangible property. Any rights in
  104  such property, and other legal rights of the authority, are
  105  transferred to the Central Florida Expressway Authority. The
  106  powers, responsibilities, and obligations of the Orlando-Orange
  107  County Expressway Authority shall succeed to and be assumed by
  108  the Central Florida Expressway Authority on July 1, 2014.
  109         (b)The transfer pursuant to this subsection is subject to
  110  the terms and covenants provided for the protection of the
  111  holders of the Orlando-Orange County Expressway Authority bonds
  112  in the lease-purchase agreement and the resolutions adopted in
  113  connection with the issuance of the bonds. Further, the transfer
  114  does not impair the terms of the contract between the Orlando
  115  Orange County Expressway Authority and the bondholders, does not
  116  act to the detriment of the bondholders, and does not diminish
  117  the security for the bonds. After the transfer, the Central
  118  Florida Expressway Authority shall operate and maintain the
  119  expressway system and any other facilities of the Orlando-Orange
  120  County Expressway Authority in accordance with the terms,
  121  conditions, and covenants contained in the bond resolutions and
  122  lease-purchase agreement securing the bonds of the authority.
  123  The Central Florida Expressway Authority shall collect toll
  124  revenues and apply them to the payment of debt service as
  125  provided in the bond resolution securing the bonds, and shall
  126  expressly assumes all obligations relating to the bonds to
  127  ensure that the transfer will have no adverse impact on the
  128  security for the bonds. The transfer does not make the
  129  obligation to pay the principal and interest on the bonds a
  130  general liability of the Central Florida Expressway Authority or
  131  pledge additional expressway system revenues to payment of the
  132  bonds. Revenues that are generated by the expressway system and
  133  other facilities of the Central Florida Expressway Authority
  134  which were pledged by the Orlando-Orange County Expressway
  135  Authority to payment of the bonds will remain subject to the
  136  pledge for the benefit of the bondholders. The transfer does not
  137  modify or eliminate any prior obligation of the department to
  138  pay certain costs of the expressway system from sources other
  139  than revenues of the expressway system.
  140         (3)(2) The governing body of the authority shall consist of
  141  11 five members. The chairs of the boards of the county
  142  commissions of Seminole, Lake, and Osceola Counties shall each
  143  appoint 1 member, who may be a commission member or chair. The
  144  Governor shall appoint 6 citizen members. Of the Governor’s
  145  appointments, 2 Three members must shall be citizens of Orange
  146  County, 1 member each must be a citizen of Seminole, Lake, and
  147  Osceola Counties, and 1 member may be a citizen of any of the
  148  identified counties who shall be appointed by the Governor. The
  149  10th fourth member must shall be, ex officio, the Mayor of chair
  150  of the County Commissioners of Orange County. The 11th member
  151  must be the Mayor of the City of Orlando. The executive director
  152  of Florida Turnpike Enterprise shall serve as a nonvoting
  153  advisor to the governing body of the authority, and the fifth
  154  member shall be, ex officio, the district secretary of the
  155  Department of Transportation serving in the district that
  156  contains Orange County. The term of Each appointed member
  157  appointed by the Governor shall serve be for 4 years. Each
  158  county-appointed member shall serve for 2 years. Standing board
  159  members shall complete their terms. Each appointed member shall
  160  hold office until his or her successor has been appointed and
  161  has qualified. A vacancy occurring during a term must shall be
  162  filled only for the balance of the unexpired term. Each
  163  appointed member of the authority shall be a person of
  164  outstanding reputation for integrity, responsibility, and
  165  business ability, but, except as provided in this subsection, a
  166  no person who is an officer or employee of a municipality or any
  167  city or of Orange county may not in any other capacity shall be
  168  an appointed member of the authority. Any member of the
  169  authority is shall be eligible for reappointment.
  170         (4)(3)(a) The authority shall elect one of its members as
  171  chair of the authority. The authority shall also elect one of
  172  its members as vice chair, one of its members as a secretary,
  173  and one of its members as a treasurer who may or may not be
  174  members of the authority. The chair, vice chair, secretary, and
  175  treasurer shall hold such offices at the will of the authority.
  176  Five Three members of the authority shall constitute a quorum,
  177  and the vote of five three members is shall be necessary for any
  178  action taken by the authority. A No vacancy in the authority
  179  does not shall impair the right of a quorum of the authority to
  180  exercise all of the rights and perform all of the duties of the
  181  authority.
  182         (b) Upon the effective date of his or her appointment, or
  183  as soon thereafter as practicable, each appointed member of the
  184  authority shall enter upon his or her duties.
  185         (5)(4)(a) The authority may employ an executive secretary,
  186  an executive director, its own counsel and legal staff,
  187  technical experts, and the such engineers, and such employees
  188  that, permanent or temporary, as it requires. The authority may
  189  require and may determine the qualifications and fix the
  190  compensation of such persons, firms, or corporations, and may
  191  employ a fiscal agent or agents;, provided, however, that the
  192  authority shall solicit sealed proposals from at least three
  193  persons, firms, or corporations for the performance of any
  194  services as fiscal agents. The authority may delegate to one or
  195  more of its agents or employees the such of its power as it
  196  deems shall deem necessary to carry out the purposes of this
  197  part, subject always to the supervision and control of the
  198  authority. Members of the authority may be removed from their
  199  office by the Governor for misconduct, malfeasance, misfeasance,
  200  or nonfeasance in office.
  201         (b) Members of the authority are shall be entitled to
  202  receive from the authority their travel and other necessary
  203  expenses incurred in connection with the business of the
  204  authority as provided in s. 112.061, but may not they shall draw
  205  no salaries or other compensation.
  206         Section 60. Section 348.754, Florida Statutes, is amended
  207  to read:
  208         348.754 Purposes and powers.—
  209         (1)(a) The authority created and established under by the
  210  provisions of this part is hereby granted and has shall have the
  211  right to acquire, hold, construct, improve, maintain, operate,
  212  own, and lease in the capacity of lessor, the Central Florida
  213  Orlando-Orange County Expressway System, hereinafter referred to
  214  as “system.” Except as otherwise specifically provided by law,
  215  including paragraph (2)(n), the area served by the authority
  216  shall be within the geographical boundaries of Orange, Seminole,
  217  Lake, and Osceola Counties.
  218         (b) It is the express intention of this part that said
  219  authority, In the construction of the Central Florida said
  220  Orlando-Orange County Expressway System, the authority may shall
  221  be authorized to construct any extensions, additions, or
  222  improvements to the said system or appurtenant facilities,
  223  including all necessary approaches, roads, bridges, and avenues
  224  of access, rapid transit, trams, fixed guideways, thoroughfares,
  225  and boulevards with any such changes, modifications, or
  226  revisions of the said project which are as shall be deemed
  227  desirable and proper.
  228         (c)Notwithstanding any other provision of this section to
  229  the contrary, to ensure the continued financial feasibility of
  230  the portion of the Wekiva Parkway to be constructed by the
  231  department, the authority may not, without the prior consent of
  232  the secretary of the department, construct an extension,
  233  addition, or improvement to the expressway system in Lake
  234  County.
  235         (2) The authority is hereby granted, and shall have and may
  236  exercise all powers necessary, appurtenant, convenient, or
  237  incidental to the implementation carrying out of the stated
  238  aforesaid purposes, including, but not without being limited to,
  239  the following rights and powers:
  240         (a) To sue and be sued, implead and be impleaded, complain
  241  and defend in all courts.
  242         (b) To adopt, use, and alter at will a corporate seal.
  243         (c) To acquire by donation or otherwise, purchase, hold,
  244  lease as lessee, and use any franchise or any, property, real,
  245  personal, or mixed, or tangible or intangible, or any options
  246  thereof in its own name or in conjunction with others, or
  247  interest in those options therein, necessary or desirable to
  248  carry for carrying out the purposes of the authority, and to
  249  sell, lease as lessor, transfer, and dispose of any property or
  250  interest in the property therein at any time acquired by it.
  251         (d) To enter into and make leases for terms not exceeding
  252  99 40 years, as either lessee or lessor, in order to carry out
  253  the right to lease as specified set forth in this part.
  254         (e) To enter into and make lease-purchase agreements with
  255  the department for terms not exceeding 99 40 years, or until any
  256  bonds secured by a pledge of rentals pursuant to the agreement
  257  thereunder, and any refundings pursuant to the agreement
  258  thereof, are fully paid as to both principal and interest,
  259  whichever is longer. The authority is a party to a lease
  260  purchase agreement between the department and the authority
  261  dated December 23, 1985, as supplemented by a first supplement
  262  to the lease-purchase agreement dated November 25, 1986, and a
  263  second supplement to the lease-purchase agreement dated October
  264  27, 1988. The authority may not enter into other lease-purchase
  265  agreements with the department and may not amend the existing
  266  agreement in a manner that expands or increases the department’s
  267  obligations unless the department determines that the agreement
  268  or amendment is necessary to permit the refunding of bonds
  269  issued before July 1, 2012.
  270         (f) To fix, alter, charge, establish, and collect rates,
  271  fees, rentals, and other charges for the services and facilities
  272  of the Central Florida Orlando-Orange County Expressway System,
  273  which must rates, fees, rentals and other charges shall always
  274  be sufficient to comply with any covenants made with the holders
  275  of any bonds issued pursuant to this part; provided, however,
  276  that such right and power may be assigned or delegated, by the
  277  authority, to the department. Toll revenues attributable to an
  278  increase in the toll rates charged on or after July 1, 2014, for
  279  the use of a facility or portion of a facility may not be used
  280  to construct or expand a different facility unless a two-thirds
  281  majority of the members of the authority votes to approve such
  282  use. This requirement does not apply if, and to the extent that:
  283         1. Application of the requirement would violate any
  284  covenant established in a resolution or trust indenture under
  285  which bonds were issued by the Orlando-Orange County Expressway
  286  Authority on or before July 1, 2014; or
  287         2. Application of the requirement would cause the authority
  288  to be unable to meet its obligations under the terms of the
  289  memorandum of understanding between the authority and the
  290  department as ratified by the Orlando-Orange County Expressway
  291  Authority board on February 22, 2012.
  292  
  293  Notwithstanding s. 338.165, and except as otherwise prohibited
  294  by this part, to the extent revenues of the expressway system
  295  exceed amounts required to comply with any covenants made with
  296  the holders of bonds issued pursuant to this part, revenues may
  297  be used for purposes enumerated in subsection (6), if the
  298  expenditures are consistent with the metropolitan planning
  299  organization’s adopted long-range plan.
  300         (g) To borrow money, make and issue negotiable notes,
  301  bonds, refunding bonds, and other evidences of indebtedness or
  302  obligations, either in temporary or definitive form, hereinafter
  303  in this chapter sometimes called “bonds” of the authority, for
  304  the purpose of financing all or part of the improvement or
  305  extension of the Central Florida Orlando-Orange County
  306  Expressway System, and appurtenant facilities, including all
  307  approaches, streets, roads, bridges, and avenues of access for
  308  the Central Florida said Orlando-Orange County Expressway System
  309  and for any other purpose authorized by this part, said bonds to
  310  mature in not exceeding 40 years from the date of the issuance
  311  thereof, and to secure the payment of such bonds or any part
  312  thereof by a pledge of any or all of its revenues, rates, fees,
  313  rentals, or other charges, including all or any portion of the
  314  Orange County gasoline tax funds received by the authority
  315  pursuant to the terms of any lease-purchase agreement between
  316  the authority and the department; and in general to provide for
  317  the security of the said bonds and the rights and remedies of
  318  the holders thereof. Provided, However, that no portion of the
  319  Orange County gasoline tax funds may shall be pledged for the
  320  construction of any project for which a toll is to be charged
  321  unless the anticipated toll is tolls are reasonably estimated by
  322  the board of county commissioners, at the date of its resolution
  323  pledging the said funds, to be sufficient to cover the principal
  324  and interest of such obligations during the period when the said
  325  pledge of funds is shall be in effect. The bonds issued under
  326  this paragraph must mature not more than 40 years after their
  327  issue date.
  328         1. The authority shall reimburse Orange County for any sums
  329  expended from the said gasoline tax funds used for the payment
  330  of such obligations. Any gasoline tax funds so disbursed must
  331  shall be repaid when the authority deems it practicable,
  332  together with interest at the highest rate applicable to any
  333  obligations of the authority.
  334         2. If, pursuant to this section, In the event the authority
  335  funds shall determine to fund or refunds refund any bonds
  336  previously theretofore issued by the said authority, or the by
  337  said commission before the bonds mature as aforesaid prior to
  338  the maturity thereof, the proceeds of such funding or refunding
  339  must bonds shall, pending the prior redemption of these the
  340  bonds to be funded or refunded, be invested in direct
  341  obligations of the United States, and it is the express
  342  intention of this part that such outstanding bonds may be funded
  343  or refunded by the issuance of bonds pursuant to this part.
  344         (h) To make contracts of every name and nature, including,
  345  but not limited to, partnerships providing for participation in
  346  ownership and revenues, and to execute all instruments necessary
  347  or convenient for conducting the carrying on of its business.
  348         (i) Notwithstanding paragraphs (a)-(h), Without limitation
  349  of the foregoing, to borrow money and accept grants from, and to
  350  enter into contracts, leases, or other transactions with any
  351  federal agency, the state, any agency of the state, the County
  352  of Orange, the City of Orlando, or with any other public body of
  353  the state.
  354         (j) To have the power of eminent domain, including the
  355  procedural powers granted under both chapters 73 and 74.
  356         (k) To pledge, hypothecate, or otherwise encumber all or
  357  any part of the revenues, rates, fees, rentals, or other charges
  358  or receipts of the authority, including all or any portion of
  359  the Orange County gasoline tax funds received by the authority
  360  pursuant to the terms of any lease-purchase agreement between
  361  the authority and the department, as security for all or any of
  362  the obligations of the authority.
  363         (l) To enter into partnership and other agreements
  364  respecting ownership and revenue participation in order to
  365  facilitate financing and constructing the Western Beltway, or
  366  portions thereof.
  367         (m) To do everything all acts and things necessary or
  368  convenient for the conduct of its business and the general
  369  welfare of the authority, in order to comply with carry out the
  370  powers granted to it by this part or any other law.
  371         (n) With the consent of the county within whose
  372  jurisdiction the following activities occur, the authority shall
  373  have the right to construct, operate, and maintain roads,
  374  bridges, avenues of access, transportation facilities,
  375  thoroughfares, and boulevards outside the jurisdictional
  376  boundaries of Orange, Seminole, Lake, and Osceola Counties
  377  County, together with the right to construct, repair, replace,
  378  operate, install, and maintain electronic toll payment systems
  379  thereon, with all necessary and incidental powers to accomplish
  380  the foregoing.
  381         (3) The authority does not shall have the no power at any
  382  time or in any manner to pledge the credit or taxing power of
  383  the state or any political subdivision or agency thereof,
  384  including any city and any county the City of Orlando and the
  385  County of Orange, nor may nor shall any of the authority’s
  386  obligations be deemed to be obligations of the state or of any
  387  political subdivision or agency thereof, nor may nor shall the
  388  state or any political subdivision or agency thereof, except the
  389  authority, be liable for the payment of the principal of or
  390  interest on such obligations.
  391         (4) Anything in this part to the contrary notwithstanding,
  392  acquisition of right-of-way for a project of the authority which
  393  is within the boundaries of any municipality in Orange County
  394  shall not be begun unless and until the route of said project
  395  within said municipality has been given prior approval by the
  396  governing body of said municipality.
  397         (4)(5) The authority has shall have no power other than by
  398  consent of an affected Orange county or any affected city, to
  399  enter into any agreement which would legally prohibit the
  400  construction of a any road by the respective county or city
  401  Orange County or by any city within Orange County.
  402         (5)The authority shall encourage the inclusion of local-,
  403  small-, minority-, and women-owned businesses in its procurement
  404  and contracting opportunities.
  405         (6)(a)The authority may, within the right-of-way of the
  406  expressway system, finance or refinance the planning, design,
  407  acquisition, construction, extension, rehabilitation, equipping,
  408  preservation, maintenance, or improvement of an intermodal
  409  facility or facilities, a multimodal corridor or corridors, or
  410  any programs or projects that will improve the levels of service
  411  on the expressway system Notwithstanding s. 255.05, the Orlando
  412  Orange County Expressway Authority may waive payment and
  413  performance bonds on construction contracts for the construction
  414  of a public building, for the prosecution and completion of a
  415  public work, or for repairs on a public building or public work
  416  that has a cost of $500,000 or less and when the project is
  417  awarded pursuant to an economic development program for the
  418  encouragement of local small businesses that has been adopted by
  419  the governing body of the Orlando-Orange County Expressway
  420  Authority pursuant to a resolution or policy.
  421         (b) The authority’s adopted criteria for participation in
  422  the economic development program for local small businesses
  423  requires that a participant:
  424         1. Be an independent business.
  425         2. Be principally domiciled in the Orange County Standard
  426  Metropolitan Statistical Area.
  427         3. Employ 25 or fewer full-time employees.
  428         4. Have gross annual sales averaging $3 million or less
  429  over the immediately preceding 3 calendar years with regard to
  430  any construction element of the program.
  431         5. Be accepted as a participant in the Orlando-Orange
  432  County Expressway Authority’s microcontracts program or such
  433  other small business program as may be hereinafter enacted by
  434  the Orlando-Orange County Expressway Authority.
  435         6. Participate in an educational curriculum or technical
  436  assistance program for business development that will assist the
  437  small business in becoming eligible for bonding.
  438         (c) The authority’s adopted procedures for waiving payment
  439  and performance bonds on projects with values not less than
  440  $200,000 and not exceeding $500,000 shall provide that payment
  441  and performance bonds may only be waived on projects that have
  442  been set aside to be competitively bid on by participants in an
  443  economic development program for local small businesses. The
  444  authority’s executive director or his or her designee shall
  445  determine whether specific construction projects are suitable
  446  for:
  447         1. Bidding under the authority’s microcontracts program by
  448  registered local small businesses; and
  449         2. Waiver of the payment and performance bond.
  450  
  451  The decision of the authority’s executive director or deputy
  452  executive director to waive the payment and performance bond
  453  shall be based upon his or her investigation and conclusion that
  454  there exists sufficient competition so that the authority
  455  receives a fair price and does not undertake any unusual risk
  456  with respect to such project.
  457         (d) For any contract for which a payment and performance
  458  bond has been waived pursuant to the authority set forth in this
  459  section, the Orlando-Orange County Expressway Authority shall
  460  pay all persons defined in s. 713.01 who furnish labor,
  461  services, or materials for the prosecution of the work provided
  462  for in the contract to the same extent and upon the same
  463  conditions that a surety on the payment bond under s. 255.05
  464  would have been obligated to pay such persons if the payment and
  465  performance bond had not been waived. The authority shall record
  466  notice of this obligation in the manner and location that surety
  467  bonds are recorded. The notice shall include the information
  468  describing the contract that s. 255.05(1) requires be stated on
  469  the front page of the bond. Notwithstanding that s. 255.05(9)
  470  generally applies when a performance and payment bond is
  471  required, s. 255.05(9) shall apply under this subsection to any
  472  contract on which performance or payment bonds are waived and
  473  any claim to payment under this subsection shall be treated as a
  474  contract claim pursuant to s. 255.05(9).
  475         (e) A small business that has been the successful bidder on
  476  six projects for which the payment and performance bond was
  477  waived by the authority pursuant to paragraph (a) shall be
  478  ineligible to bid on additional projects for which the payment
  479  and performance bond is to be waived. The local small business
  480  may continue to participate in other elements of the economic
  481  development program for local small businesses as long as it is
  482  eligible.
  483         (f) The authority shall conduct bond eligibility training
  484  for businesses qualifying for bond waiver under this subsection
  485  to encourage and promote bond eligibility for such businesses.
  486         (g) The authority shall prepare a biennial report on the
  487  activities undertaken pursuant to this subsection to be
  488  submitted to the Orange County legislative delegation. The
  489  initial report shall be due December 31, 2010.
  490         Section 61. Section 348.7543, Florida Statutes, is amended
  491  to read:
  492         348.7543 Improvements, bond financing authority for.
  493  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  494  Legislature hereby approves for bond financing by the Central
  495  Florida Orlando-Orange County Expressway Authority improvements
  496  to toll collection facilities, interchanges to the legislatively
  497  approved expressway system, and any other facility appurtenant,
  498  necessary, or incidental to the approved system. Subject to
  499  terms and conditions of applicable revenue bond resolutions and
  500  covenants, such costs may be financed in whole or in part by
  501  revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether
  502  currently issued or issued in the future, or by a combination of
  503  such bonds.
  504         Section 62. Section 348.7544, Florida Statutes, is amended
  505  to read:
  506         348.7544 Northwest Beltway Part A, construction authorized;
  507  financing.—Notwithstanding s. 338.2275, the Central Florida
  508  Orlando-Orange County Expressway Authority may is hereby
  509  authorized to construct, finance, operate, own, and maintain
  510  that portion of the Western Beltway known as the Northwest
  511  Beltway Part A, extending from Florida’s Turnpike near Ocoee
  512  north to U.S. 441 near Apopka, as part of the authority’s 20
  513  year capital projects plan. This project may be financed with
  514  any funds available to the authority for such purpose or revenue
  515  bonds issued by the Division of Bond Finance of the State Board
  516  of Administration on behalf of the authority pursuant to s. 11,
  517  Art. VII of the State Constitution and the State Bond Act, ss.
  518  215.57-215.83.
  519         Section 63. Section 348.7545, Florida Statutes, is amended
  520  to read:
  521         348.7545 Western Beltway Part C, construction authorized;
  522  financing.—Notwithstanding s. 338.2275, the Central Florida
  523  Orlando-Orange County Expressway Authority may is authorized to
  524  exercise its condemnation powers, construct, finance, operate,
  525  own, and maintain that portion of the Western Beltway known as
  526  the Western Beltway Part C, extending from Florida’s Turnpike
  527  near Ocoee in Orange County southerly through Orange and Osceola
  528  Counties to an interchange with I-4 near the Osceola-Polk County
  529  line, as part of the authority’s 20-year capital projects plan.
  530  This project may be financed with any funds available to the
  531  authority for such purpose or revenue bonds issued by the
  532  Division of Bond Finance of the State Board of Administration on
  533  behalf of the authority pursuant to s. 11, Art. VII of the State
  534  Constitution and the State Bond Act, ss. 215.57-215.83. This
  535  project may be refinanced with bonds issued by the authority
  536  pursuant to s. 348.755(1)(d).
  537         Section 64. Section 348.7546, Florida Statutes, is amended
  538  to read:
  539         348.7546 Wekiva Parkway, construction authorized;
  540  financing.—
  541         (1) The Central Florida Orlando-Orange County Expressway
  542  Authority may is authorized to exercise its condemnation powers
  543  and to construct, finance, operate, own, and maintain those
  544  portions of the Wekiva Parkway which are identified by agreement
  545  between the authority and the department and which are included
  546  as part of the authority’s long-range capital improvement plan.
  547  The “Wekiva Parkway” means any limited access highway or
  548  expressway constructed between State Road 429 and Interstate 4
  549  specifically incorporating the corridor alignment recommended by
  550  Recommendation 2 of the Wekiva River Basin Area Task Force final
  551  report dated January 15, 2003, and the recommendations of the SR
  552  429 Working Group, which were adopted January 16, 2004. This
  553  project may be financed with any funds available to the
  554  authority for such purpose or revenue bonds issued by the
  555  authority under s. 11, Art. VII of the State Constitution and s.
  556  348.755(1)(b). This section does not invalidate the exercise by
  557  the authority of its condemnation powers or the acquisition of
  558  any property for the Wekiva Parkway before July 1, 2012.
  559         (2) Notwithstanding any other provision of law to the
  560  contrary, in order to ensure that funds are available to the
  561  department for its portion of the Wekiva Parkway, beginning July
  562  1, 2012, the authority shall repay the expenditures by the
  563  department for costs of operation and maintenance of the Central
  564  Florida Orlando-Orange County Expressway System in accordance
  565  with the terms of the memorandum of understanding between the
  566  authority and the department as ratified by the authority board
  567  on February 22, 2012, which requires the authority to pay the
  568  department $10 million on July 1, 2012, and $20 million on each
  569  successive July 1 until the department has been fully reimbursed
  570  for all costs of the Central Florida Orlando-Orange County
  571  Expressway System which were paid, advanced, or reimbursed to
  572  the authority by the department, with a final payment in the
  573  amount of the balance remaining. Notwithstanding any other law
  574  to the contrary, the funds paid to the department pursuant to
  575  this subsection must shall be allocated by the department for
  576  construction of the Wekiva Parkway.
  577         (3) The department’s obligation to construct its portions
  578  of the Wekiva Parkway is contingent upon the timely payment by
  579  the authority of the annual payments required of the authority
  580  and receipt of all required environmental permits and approvals
  581  by the Federal Government.
  582         Section 65. Section 348.7547, Florida Statutes, is amended
  583  to read:
  584         348.7547 Maitland Boulevard Extension and Northwest Beltway
  585  Part A Realignment construction authorized; financing.
  586  Notwithstanding s. 338.2275, the Central Florida Orlando-Orange
  587  County Expressway Authority may is hereby authorized to exercise
  588  its condemnation powers, construct, finance, operate, own, and
  589  maintain the portion of State Road 414 known as the Maitland
  590  Boulevard Extension and the realigned portion of the Northwest
  591  Beltway Part A as part of the authority’s long-range capital
  592  improvement plan. The Maitland Boulevard Extension extends will
  593  extend from the current terminus of State Road 414 at U.S. 441
  594  west to State Road 429 in west Orange County. The realigned
  595  portion of the Northwest Beltway Part A runs will run from the
  596  point at or near where the Maitland Boulevard Extension connects
  597  will connect with State Road 429 and proceeds will proceed to
  598  the west and then north resulting in the northern terminus of
  599  State Road 429 moving farther west before reconnecting with U.S.
  600  441. However, under no circumstances may shall the realignment
  601  of the Northwest Beltway Part A conflict with or contradict with
  602  the alignment of the Wekiva Parkway as defined in s. 348.7546.
  603  This project may be financed with any funds available to the
  604  authority for such purpose or revenue bonds issued by the
  605  authority under s. 11, Art. VII of the State Constitution and s.
  606  348.755(1)(b).
  607         Section 66. Subsections (2) and (3) of section 348.755,
  608  Florida Statutes, are amended to read:
  609         348.755 Bonds of the authority.—
  610         (2) Any such resolution that authorizes or resolutions
  611  authorizing any bonds issued under this section hereunder may
  612  contain provisions that must which shall be part of the contract
  613  with the holders of such bonds, relating as to:
  614         (a) The pledging of all or any part of the revenues, rates,
  615  fees, rentals, (including all or any portion of the Orange
  616  County gasoline tax funds received by the authority pursuant to
  617  the terms of any lease-purchase agreement between the authority
  618  and the department, or any part thereof), or other charges or
  619  receipts of the authority, derived by the authority, from the
  620  Central Florida Orlando-Orange County Expressway System.
  621         (b) The completion, improvement, operation, extension,
  622  maintenance, repair, lease or lease-purchase agreement of the
  623  said system, and the duties of the authority and others,
  624  including the department, with reference thereto.
  625         (c) Limitations on the purposes to which the proceeds of
  626  the bonds, then or thereafter to be issued, or of any loan or
  627  grant by the United States or the state may be applied.
  628         (d) The fixing, charging, establishing, and collecting of
  629  rates, fees, rentals, or other charges for use of the services
  630  and facilities of the Central Florida Orlando-Orange County
  631  Expressway System or any part thereof.
  632         (e) The setting aside of reserves or sinking funds or
  633  repair and replacement funds and the regulation and disposition
  634  thereof.
  635         (f) Limitations on the issuance of additional bonds.
  636         (g) The terms and provisions of any lease-purchase
  637  agreement, deed of trust or indenture securing the bonds, or
  638  under which the same may be issued.
  639         (h) Any other or additional agreements with the holders of
  640  the bonds which the authority may deem desirable and proper.
  641         (3) The authority may employ fiscal agents as provided by
  642  this part or the State Board of Administration of Florida may
  643  upon request of the authority act as fiscal agent for the
  644  authority in the issuance of any bonds that which may be issued
  645  pursuant to this part, and the State Board of Administration may
  646  upon request of the authority take over the management, control,
  647  administration, custody, and payment of any or all debt services
  648  or funds or assets now or hereafter available for any bonds
  649  issued pursuant to this part. The authority may enter into any
  650  deeds of trust, indentures or other agreements with its fiscal
  651  agent, or with any bank or trust company within or without the
  652  state, as security for such bonds, and may, under such
  653  agreements, sign and pledge all or any of the revenues, rates,
  654  fees, rentals or other charges or receipts of the authority,
  655  including all or any portion of the Orange County gasoline tax
  656  funds received by the authority pursuant to the terms of any
  657  lease-purchase agreement between the authority and the
  658  department, thereunder. Such deed of trust, indenture, or other
  659  agreement may contain such provisions as are customary in such
  660  instruments, or, as the authority may authorize, including but
  661  without limitation, provisions as to:
  662         (a) The completion, improvement, operation, extension,
  663  maintenance, repair, and lease of, or lease-purchase agreement
  664  relating to the Central Florida Orlando-Orange County Expressway
  665  System, and the duties of the authority and others including the
  666  department, with reference thereto.
  667         (b) The application of funds and the safeguarding of funds
  668  on hand or on deposit.
  669         (c) The rights and remedies of the trustee and the holders
  670  of the bonds.
  671         (d) The terms and provisions of the bonds or the
  672  resolutions authorizing the issuance of same.
  673         Section 67. Subsections (3) and (4) of section 348.756,
  674  Florida Statutes, are amended to read:
  675         348.756 Remedies of the bondholders.—
  676         (3) When a Any trustee is when appointed pursuant to
  677  subsection (1) as aforesaid, or is acting under a deed of trust,
  678  indenture, or other agreement, and whether or not all bonds have
  679  been declared due and payable, the trustee is shall be entitled
  680  as of right to the appointment of a receiver, who may enter upon
  681  and take possession of the Central Florida Orlando-Orange County
  682  Expressway System or the facilities or any part of the system or
  683  facilities or parts thereof, the rates, fees, rentals, or other
  684  revenues, charges, or receipts that from which are, or may be,
  685  applicable to the payment of the bonds so in default, and
  686  subject to and in compliance with the provisions of any lease
  687  purchase agreement between the authority and the department
  688  operate and maintain the same, for and on behalf of and in the
  689  name of, the authority, the department, and the bondholders, and
  690  collect and receive all rates, fees, rentals, and other charges
  691  or receipts or revenues arising therefrom in the same manner as
  692  the authority or the department might do, and shall deposit all
  693  such moneys in a separate account and apply the same in such
  694  manner as the court directs shall direct. In any suit, action,
  695  or proceeding by the trustee, the fees, counsel fees, and
  696  expenses of the trustee, and the said receiver, if any, and all
  697  costs and disbursements allowed by the court must shall be a
  698  first charge on any rates, fees, rentals, or other charges,
  699  revenues, or receipts, derived from the Central Florida Orlando
  700  Orange County Expressway System, or the facilities or services
  701  or any part of the system or facilities or parts thereof,
  702  including payments under any such lease-purchase agreement as
  703  aforesaid which said rates, fees, rentals, or other charges,
  704  revenues, or receipts shall or may be applicable to the payment
  705  of the bonds that are so in default. The Such trustee has shall,
  706  in addition to the foregoing, have and possess all of the powers
  707  necessary or appropriate for the exercise of any functions
  708  specifically set forth in this section herein or incident to the
  709  representation of the bondholders in the enforcement and
  710  protection of their rights.
  711         (4) Nothing in This section or any other section of this
  712  part does not shall authorize any receiver appointed pursuant
  713  hereto for the purpose, subject to and in compliance with the
  714  provisions of any lease-purchase agreement between the authority
  715  and the department, of operating and maintaining the Central
  716  Florida Orlando-Orange County Expressway System or any
  717  facilities or part of the system or facilities or parts thereof,
  718  to sell, assign, mortgage, or otherwise dispose of any of the
  719  assets of whatever kind and character belonging to the
  720  authority. It is the intention of this part to limit The powers
  721  of the such receiver, subject to and in compliance with the
  722  provisions of any lease-purchase agreement between the authority
  723  and the department, are limited to the operation and maintenance
  724  of the Central Florida Orlando-Orange County Expressway System,
  725  or any facility, or part or parts thereof, as the court may
  726  direct, in the name and for and on behalf of the authority, the
  727  department, and the bondholders, and no holder of bonds on the
  728  authority nor any trustee, has shall ever have the right in any
  729  suit, action, or proceeding at law or in equity, to compel a
  730  receiver, nor may shall any receiver be authorized or any court
  731  be empowered to direct the receiver to sell, assign, mortgage,
  732  or otherwise dispose of any assets of whatever kind or character
  733  belonging to the authority.
  734         Section 68. Subsections (1) through (7) of section 348.757,
  735  Florida Statutes, are amended to read:
  736         348.757 Lease-purchase agreement.—
  737         (1) In order to effectuate the purposes of this part and as
  738  authorized by this part, The authority may enter into a lease
  739  purchase agreement with the department relating to and covering
  740  the former Orlando-Orange County Expressway System.
  741         (2) The Such lease-purchase agreement must shall provide
  742  for the leasing of the former Orlando-Orange County Expressway
  743  System, by the authority, as lessor, to the department, as
  744  lessee, must shall prescribe the term of such lease and the
  745  rentals to be paid thereunder, and must shall provide that upon
  746  the completion of the faithful performance thereunder and the
  747  termination of the such lease-purchase agreement, title in fee
  748  simple absolute to the former Orlando-Orange County Expressway
  749  System as then constituted shall be transferred in accordance
  750  with law by the authority, to the state and the authority shall
  751  deliver to the department such deeds and conveyances as shall be
  752  necessary or convenient to vest title in fee simple absolute in
  753  the state.
  754         (3) The Such lease-purchase agreement may include such
  755  other provisions, agreements, and covenants that as the
  756  authority and the department deem advisable or required,
  757  including, but not limited to, provisions as to the bonds to be
  758  issued under, and for the purposes of, this part, the
  759  completion, extension, improvement, operation, and maintenance
  760  of the former Orlando-Orange County Expressway System and the
  761  expenses and the cost of operation of the said authority, the
  762  charging and collection of tolls, rates, fees, and other charges
  763  for the use of the services and facilities of the system
  764  thereof, the application of federal or state grants or aid that
  765  which may be made or given to assist the authority in the
  766  completion, extension, improvement, operation, and maintenance
  767  of the former Orlando-Orange County Orlando Expressway System,
  768  which the authority is hereby authorized to accept and apply to
  769  such purposes, the enforcement of payment and collection of
  770  rentals and any other terms, provisions, or covenants necessary,
  771  incidental, or appurtenant to the making of and full performance
  772  under the such lease-purchase agreement.
  773         (4) The department as lessee under the such lease-purchase
  774  agreement, may is hereby authorized to pay as rentals under the
  775  agreement thereunder any rates, fees, charges, funds, moneys,
  776  receipts, or income accruing to the department from the
  777  operation of the former Orlando-Orange County Expressway System
  778  and the Orange County gasoline tax funds and may also pay as
  779  rentals any appropriations received by the department pursuant
  780  to any act of the Legislature of the state heretofore or
  781  hereafter enacted; provided, however, this part or the that
  782  nothing herein nor in such lease-purchase agreement is not
  783  intended to and does not nor shall this part or such lease
  784  purchase agreement require the making or continuance of such
  785  appropriations, and nor shall any holder of bonds issued
  786  pursuant to this part does not ever have any right to compel the
  787  making or continuance of such appropriations.
  788         (5) A No pledge of the said Orange County gasoline tax
  789  funds as rentals under a such lease-purchase agreement may not
  790  shall be made without the consent of the County of Orange
  791  evidenced by a resolution duly adopted by the board of county
  792  commissioners of said county at a public hearing held pursuant
  793  to due notice thereof published at least once a week for 3
  794  consecutive weeks before the hearing in a newspaper of general
  795  circulation in Orange County. The Said resolution, among other
  796  things, must shall provide that any excess of the said pledged
  797  gasoline tax funds which is not required for debt service or
  798  reserves for the such debt service for any bonds issued by the
  799  said authority shall be returned annually to the department for
  800  distribution to Orange County as provided by law. Before making
  801  any application for a such pledge of gasoline tax funds, the
  802  authority shall present the plan of its proposed project to the
  803  Orange County planning and zoning commission for its comments
  804  and recommendations.
  805         (6) The Said department may shall have power to covenant in
  806  any lease-purchase agreement that it will pay all or any part of
  807  the cost of the operation, maintenance, repair, renewal, and
  808  replacement of the said system, and any part of the cost of
  809  completing the said system to the extent that the proceeds of
  810  bonds issued therefor are insufficient, from sources other than
  811  the revenues derived from the operation of the said system and
  812  the said Orange County gasoline tax funds. The said department
  813  may also agree to make such other payments from any moneys
  814  available to the said commission, the said county, or the said
  815  city in connection with the construction or completion of the
  816  said system as shall be deemed by the said department to be fair
  817  and proper under any such covenants heretofore or hereafter
  818  entered into.
  819         (7) The said system must shall be a part of the state road
  820  system and the said department may is hereby authorized, upon
  821  the request of the authority, to expend out of any funds
  822  available for the purpose the such moneys, and to use such of
  823  its engineering and other forces, as may be necessary and
  824  desirable in the judgment of said department, for the operation
  825  of the said authority and for traffic surveys, borings, surveys,
  826  preparation of plans and specifications, estimates of cost, and
  827  other preliminary engineering and other studies; provided,
  828  however, that the aggregate amount of moneys expended for the
  829  said purposes by the said department do shall not exceed the sum
  830  of $375,000.
  831         Section 69. Section 348.758, Florida Statutes, is amended
  832  to read:
  833         348.758 Appointment of department as may be appointed agent
  834  of authority for construction.—The department may be appointed
  835  by the said authority as its agent for the purpose of
  836  constructing improvements and extensions to the Central Florida
  837  Orlando-Orange County Expressway System and for its the
  838  completion thereof. In such event, the authority shall provide
  839  the department with complete copies of all documents,
  840  agreements, resolutions, contracts, and instruments relating
  841  thereto and shall request the department to do such construction
  842  work, including the planning, surveying, and actual construction
  843  of the completion, extensions, and improvements to the Central
  844  Florida Orlando-Orange County Expressway System and shall
  845  transfer to the credit of an account of the department in the
  846  State Treasury of the state the necessary funds, therefor and
  847  the department may shall thereupon be authorized, empowered and
  848  directed to proceed with such construction and to use the said
  849  funds for such purpose in the same manner that it is now
  850  authorized to use the funds otherwise provided by law for the
  851  its use in construction of roads and bridges.
  852         Section 70. Section 348.759, Florida Statutes, is amended
  853  to read:
  854         348.759 Acquisition of lands and property.—
  855         (1) For the purposes of this part, the Central Florida
  856  Orlando-Orange County Expressway Authority may acquire private
  857  or public property and property rights, including rights of
  858  access, air, view, and light, by gift, devise, purchase, or
  859  condemnation by eminent domain proceedings, as the authority
  860  deems may deem necessary for any of the purposes of this part,
  861  including, but not limited to, any lands reasonably necessary
  862  for securing applicable permits, areas necessary for management
  863  of access, borrow pits, drainage ditches, water retention areas,
  864  rest areas, replacement access for landowners whose access is
  865  impaired due to the construction of a facility, and replacement
  866  rights-of-way for relocated rail and utility facilities; for
  867  existing, proposed, or anticipated transportation facilities on
  868  the Central Florida Orlando-Orange County Expressway System or
  869  in a transportation corridor designated by the authority; or for
  870  the purposes of screening, relocation, removal, or disposal of
  871  junkyards and scrap metal processing facilities. The authority
  872  may shall also have the power to condemn any material and
  873  property necessary for such purposes.
  874         (2) The right of eminent domain herein conferred shall be
  875  exercised by the authority shall exercise the right of eminent
  876  domain in the manner provided by law.
  877         (3) When the authority acquires property for a
  878  transportation facility or in a transportation corridor, it is
  879  not subject to any liability imposed by chapter 376 or chapter
  880  403 for preexisting soil or groundwater contamination due solely
  881  to its ownership. This section does not affect the rights or
  882  liabilities of any past or future owners of the acquired
  883  property and nor does not it affect the liability of any
  884  governmental entity for the results of its actions which create
  885  or exacerbate a pollution source. The authority and the
  886  Department of Environmental Protection may enter into
  887  interagency agreements for the performance, funding, and
  888  reimbursement of the investigative and remedial acts necessary
  889  for property acquired by the authority.
  890         Section 71. Section 348.760, Florida Statutes, is amended
  891  to read:
  892         348.760 Cooperation with other units, boards, agencies, and
  893  individuals.—A Express authority and power is hereby given and
  894  granted any county, municipality, drainage district, road and
  895  bridge district, school district or any other political
  896  subdivision, board, commission, or individual in, or of, the
  897  state may to make and enter into with the authority, contracts,
  898  leases, conveyances, partnerships, or other agreements pursuant
  899  to within the provisions and purposes of this part. The
  900  authority may is hereby expressly authorized to make and enter
  901  into contracts, leases, conveyances, partnerships, and other
  902  agreements with any political subdivision, agency, or
  903  instrumentality of the state and any and all federal agencies,
  904  corporations, and individuals, for the purpose of carrying out
  905  the provisions of this part or with the consent of the Seminole
  906  County Expressway Authority, for the purpose of carrying out and
  907  implementing part VIII of this chapter.
  908         Section 72. Section 348.761, Florida Statutes, is amended
  909  to read:
  910         348.761 Covenant of the state.—The state pledges does
  911  hereby pledge to, and agrees, with any person, firm or
  912  corporation, or federal or state agency subscribing to, or
  913  acquiring the bonds to be issued by the authority for the
  914  purposes of this part that the state will not limit or alter the
  915  rights that are hereby vested in the authority and the
  916  department until all issued bonds and interest at any time
  917  issued, together with the interest thereon, are fully paid and
  918  discharged insofar as the pledge same affects the rights of the
  919  holders of bonds issued pursuant to this part hereunder. The
  920  state does further pledge to, and agree, with the United States
  921  that in the event any federal agency constructs or contributes
  922  shall construct or contribute any funds for the completion,
  923  extension, or improvement of the Central Florida Orlando-Orange
  924  County Expressway System, or any part or portion of the system
  925  thereof, the state will not alter or limit the rights and powers
  926  of the authority and the department in any manner that which
  927  would be inconsistent with the continued maintenance and
  928  operation of the Central Florida Orlando-Orange County
  929  Expressway System or the completion, extension, or improvement
  930  of the system thereof, or that which would be inconsistent with
  931  the due performance of any agreements between the authority and
  932  any such federal agency, and the authority and the department
  933  shall continue to have and may exercise all powers herein
  934  granted in this part, so long as the powers are same shall be
  935  necessary or desirable for the carrying out of the purposes of
  936  this part and the purposes of the United States in the
  937  completion, extension, or improvement of the Central Florida
  938  Orlando-Orange County Expressway System, or any part of the
  939  system or portion thereof.
  940         Section 73. Section 348.765, Florida Statutes, is amended
  941  to read:
  942         348.765 This part complete and additional authority.—
  943         (1) The powers conferred by this part are shall be in
  944  addition and supplemental to the existing powers of the said
  945  board and the department, and this part may shall not be
  946  construed as repealing any of the provisions, of any other law,
  947  general, special, or local, but to supersede such other laws in
  948  the exercise of the powers provided in this part, and to provide
  949  a complete method for the exercise of the powers granted in this
  950  part. The extension and improvement of the Central Florida said
  951  Orlando-Orange County Expressway System, and the issuance of
  952  bonds pursuant to this part hereunder to finance all or part of
  953  the cost of the system thereof, may be accomplished upon
  954  compliance with the provisions of this part without regard to or
  955  necessity for compliance with the provisions, limitations, or
  956  restrictions contained in any other general, special, or local
  957  law, including, but not limited to, s. 215.821, and no approval
  958  of any bonds issued under this part by the qualified electors or
  959  qualified electors who are freeholders in the state or in the
  960  said County of Orange, or in the said City of Orlando, or in any
  961  other political subdivision of the state, is shall be required
  962  for the issuance of such bonds pursuant to this part.
  963         (2) This part does shall not be deemed to repeal, rescind,
  964  or modify any other law or laws relating to the said State Board
  965  of Administration, the said Department of Transportation, or the
  966  Division of Bond Finance of the State Board of Administration,
  967  but supersedes any shall be deemed to and shall supersede such
  968  other law that is or laws as are inconsistent with the
  969  provisions of this part, including, but not limited to, s.
  970  215.821.
  971         Section 74. Subsections (6) and (7) of section 369.317,
  972  Florida Statutes, are amended to read:
  973         369.317 Wekiva Parkway.—
  974         (6) The Central Florida Orlando-Orange County Expressway
  975  Authority is hereby granted the authority to act as a third
  976  party acquisition agent, pursuant to s. 259.041 on behalf of the
  977  Board of Trustees or chapter 373 on behalf of the governing
  978  board of the St. Johns River Water Management District, for the
  979  acquisition of all necessary lands, property and all interests
  980  in property identified herein, including fee simple or less
  981  than-fee simple interests. The lands subject to this authority
  982  are identified in paragraph 10.a., State of Florida, Office of
  983  the Governor, Executive Order 03-112 of July 1, 2003, and in
  984  Recommendation 16 of the Wekiva Basin Area Task Force created by
  985  Executive Order 2002-259, such lands otherwise known as
  986  Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
  987  Lake Counties within Sections 27, 28, 33, and 34 of Township 19
  988  South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
  989  South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
  990  parcel located in Lake County within Section 37, Township 19
  991  South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
  992  Lake County within Sections 23, 25, 26, 35, and 36, Township 19
  993  South, Range 28 East; Pine Plantation, a 617+/-acre tract
  994  consisting of eight individual parcels within the Apopka City
  995  limits. The Department of Transportation, the Department of
  996  Environmental Protection, the St. Johns River Water Management
  997  District, and other land acquisition entities shall participate
  998  and cooperate in providing information and support to the third
  999  party acquisition agent. The land acquisition process authorized
 1000  by this paragraph shall begin no later than December 31, 2004.
 1001  Acquisition of the properties identified as Neighborhood Lakes,
 1002  Pine Plantation, and New Garden Coal, or approval as a
 1003  mitigation bank shall be concluded no later than December 31,
 1004  2010. Department of Transportation and Central Florida Orlando
 1005  Orange County Expressway Authority funds expended to purchase an
 1006  interest in those lands identified in this subsection shall be
 1007  eligible as environmental mitigation for road construction
 1008  related impacts in the Wekiva Study Area. If any of the lands
 1009  identified in this subsection are used as environmental
 1010  mitigation for road-construction-related impacts incurred by the
 1011  Department of Transportation or Central Florida Orlando-Orange
 1012  County Expressway Authority, or for other impacts incurred by
 1013  other entities, within the Wekiva Study Area or within the
 1014  Wekiva parkway alignment corridor, and if the mitigation offsets
 1015  these impacts, the St. Johns River Water Management District and
 1016  the Department of Environmental Protection shall consider the
 1017  activity regulated under part IV of chapter 373 to meet the
 1018  cumulative impact requirements of s. 373.414(8)(a).
 1019         (a) Acquisition of the land described in this section is
 1020  required to provide right-of-way for the Wekiva Parkway, a
 1021  limited access roadway linking State Road 429 to Interstate 4,
 1022  an essential component in meeting regional transportation needs
 1023  to provide regional connectivity, improve safety, accommodate
 1024  projected population and economic growth, and satisfy critical
 1025  transportation requirements caused by increased traffic volume
 1026  growth and travel demands.
 1027         (b) Acquisition of the lands described in this section is
 1028  also required to protect the surface water and groundwater
 1029  resources of Lake, Orange, and Seminole counties, otherwise
 1030  known as the Wekiva Study Area, including recharge within the
 1031  springshed that provides for the Wekiva River system. Protection
 1032  of this area is crucial to the long term viability of the Wekiva
 1033  River and springs and the central Florida region’s water supply.
 1034  Acquisition of the lands described in this section is also
 1035  necessary to alleviate pressure from growth and development
 1036  affecting the surface and groundwater resources within the
 1037  recharge area.
 1038         (c) Lands acquired pursuant to this section that are needed
 1039  for transportation facilities for the Wekiva Parkway shall be
 1040  determined not necessary for conservation purposes pursuant to
 1041  ss. 253.034(6) and 373.089(5) and shall be transferred to or
 1042  retained by the Central Florida Orlando-Orange County Expressway
 1043  Authority or the Department of Transportation upon reimbursement
 1044  of the full purchase price and acquisition costs.
 1045         (7) The Department of Transportation, the Department of
 1046  Environmental Protection, the St. Johns River Water Management
 1047  District, Central Florida Orlando-Orange County Expressway
 1048  Authority, and other land acquisition entities shall cooperate
 1049  and establish funding responsibilities and partnerships by
 1050  agreement to the extent funds are available to the various
 1051  entities. Properties acquired with Florida Forever funds shall
 1052  be in accordance with s. 259.041 or chapter 373. The Central
 1053  Florida Orlando-Orange County Expressway Authority shall acquire
 1054  land in accordance with this section of law to the extent funds
 1055  are available from the various funding partners, but shall not
 1056  be required nor assumed to fund the land acquisition beyond the
 1057  agreement and funding provided by the various land acquisition
 1058  entities.
 1059         Section 75. Subsection (1) of section 369.324, Florida
 1060  Statutes, is amended to read:
 1061         369.324 Wekiva River Basin Commission.—
 1062         (1) The Wekiva River Basin Commission is created to monitor
 1063  and ensure the implementation of the recommendations of the
 1064  Wekiva River Basin Coordinating Committee for the Wekiva Study
 1065  Area. The East Central Florida Regional Planning Council shall
 1066  provide staff support to the commission with funding assistance
 1067  from the Department of Economic Opportunity. The commission
 1068  shall be comprised of a total of 18 19 members appointed by the
 1069  Governor, 9 of whom shall be voting members and 9 10 shall be ad
 1070  hoc nonvoting members. The voting members shall include:
 1071         (a) One member of each of the Boards of County
 1072  Commissioners for Lake, Orange, and Seminole Counties.
 1073         (b) One municipal elected official to serve as a
 1074  representative of the municipalities located within the Wekiva
 1075  Study Area of Lake County.
 1076         (c) One municipal elected official to serve as a
 1077  representative of the municipalities located within the Wekiva
 1078  Study Area of Orange County.
 1079         (d) One municipal elected official to serve as a
 1080  representative of the municipalities located within the Wekiva
 1081  Study Area of Seminole County.
 1082         (e) One citizen representing an environmental or
 1083  conservation organization, one citizen representing a local
 1084  property owner, a land developer, or an agricultural entity, and
 1085  one at-large citizen who shall serve as chair of the council.
 1086         (f) The ad hoc nonvoting members shall include one
 1087  representative from each of the following entities:
 1088         1. St. Johns River Management District.
 1089         2. Department of Economic Opportunity.
 1090         3. Department of Environmental Protection.
 1091         4. Department of Health.
 1092         5. Department of Agriculture and Consumer Services.
 1093         6. Fish and Wildlife Conservation Commission.
 1094         7. Department of Transportation.
 1095         8. MetroPlan Orlando.
 1096         9. Central Florida Orlando-Orange County Expressway
 1097  Authority.
 1098         10. Seminole County Expressway Authority.
 1099         Section 76. (1) Effective upon the completion of
 1100  construction of the Poinciana Parkway, a limited access facility
 1101  of approximately 9 miles in length in Osceola County with its
 1102  northwestern terminus at the intersection of County Road 54 and
 1103  US 17/US 92 and its southeastern terminus at the current
 1104  intersection of Rhododendron and Cypress Parkway, described in
 1105  the Osceola County Expressway Authority May 8, 2012, Master
 1106  Plan, all powers, governance, and control of the Osceola County
 1107  Expressway System, created pursuant to part V, chapter 348,
 1108  Florida Statutes, is transferred to the Central Florida
 1109  Expressway Authority, and the assets, liabilities, facilities,
 1110  tangible and intangible property and any rights in the property,
 1111  and any other legal rights of the Osceola County Expressway
 1112  Authority are transferred to the Central Florida Expressway
 1113  Authority. The effective date of such transfer shall be extended
 1114  until completion of construction of such portions of the
 1115  Southport Connector Expressway, the Northeast Connector
 1116  Expressway, such portions of the Poinciana Parkway to connect to
 1117  State Road 429, and the Osceola Parkway Extension, as each is
 1118  described in the Osceola County Expressway Authority May 8,
 1119  2012, Master Plan, which are included in any design contract
 1120  executed by the Osceola County Expressway Authority before July
 1121  1, 2019. Part V of chapter 348, Florida Statutes, consisting of
 1122  ss. 348.9950348.9961, is repealed on the same date that the
 1123  Osceola County Expressway System is transferred to the Central
 1124  Florida Expressway Authority.
 1125         (2) The Central Florida Expressway Authority shall also
 1126  reimburse any and all obligations of any other governmental
 1127  entities with respect to the Osceola County Expressway System,
 1128  including any obligations of Osceola County with respect to
 1129  operations and maintenance of the Osceola County Expressway
 1130  System and any loan repayment obligations, including repayment
 1131  obligations with respect to State Infrastructure Bank loans.
 1132  Such reimbursement shall be made from revenues available for
 1133  such purpose after payment of all amounts required:
 1134         (a) Otherwise by law;
 1135         (b) By the terms of any resolution authorizing the issuance
 1136  of bonds by the authority, the Orlando-Orange County Expressway
 1137  Authority, or the Osceola County Expressway Authority;
 1138         (c) By the terms of any resolution under which bonds are
 1139  issued by Osceola County for the purpose of constructing
 1140  improvements to the Osceola County Expressway System; and
 1141         (d) By the terms of the memorandum of understanding between
 1142  the Orlando-Orange County Expressway Authority and the
 1143  department as ratified by the board of the Orlando-Orange County
 1144  Expressway Authority on February 22, 2012.
 1145  
 1146  ================= T I T L E  A M E N D M E N T ================
 1147         And the title is amended as follows:
 1148         Delete lines 3285 - 3287
 1149  and insert:
 1150         ss. 348.751 and 348.752, F.S.; renaming the Orlando
 1151         Orange County Expressway System as the “Central
 1152         Florida Expressway System”; revising definitions;
 1153         making technical changes; amending s. 348.753, F.S.;
 1154         creating the Central Florida Expressway Authority;
 1155         providing for the transfer of governance and control,
 1156         legal rights and powers, responsibilities, terms, and
 1157         obligations to the authority; providing conditions for
 1158         the transfer; revising the composition of the
 1159         governing body of the authority; providing for
 1160         appointment of officers of the authority; revising
 1161         quorum and voting requirements; conforming terminology
 1162         and making technical changes; amending s. 348.754,
 1163         F.S.; providing that the area served by the authority
 1164         is within the geopolitical boundaries of Orange,
 1165         Seminole, Lake, and Osceola Counties; requiring the
 1166         authority to have prior consent from the Secretary of
 1167         the Department of Transportation to construct an
 1168         extension, addition, or improvement to the expressway
 1169         system in Lake County; extending, to 99 years from 40
 1170         years, the term of a lease or lease-purchase
 1171         agreement; limiting the authority’s authority to enter
 1172         into a lease-purchase agreement; limiting the use of
 1173         certain toll-revenues; providing exceptions; removing
 1174         the requirement that the route of a project must be
 1175         approved by a municipality before the right-of-way can
 1176         be acquired; requiring that the authority encourage
 1177         the inclusion of local-, small-, minority-, and women
 1178         owned businesses in its procurement and contracting
 1179         opportunities; removing the authority and criteria for
 1180         an authority to waive payment and performance bonds
 1181         for certain public works projects that are awarded
 1182         pursuant to an economic development program;
 1183         conforming terminology and making technical changes;
 1184         amending ss. 348.7543, 348.7544, 348.7545, 348.7546,
 1185         348.7547, 348.755, and 348.756, F.S.; conforming
 1186         terminology and making technical changes; amending s.
 1187         348.757, F.S.; providing that upon termination of the
 1188         lease-purchase agreement of the former Orlando-Orange
 1189         County Expressway System, title in fee simple to the
 1190         system will be retained by the authority; conforming
 1191         terminology and making technical changes; amending ss.
 1192         348.758, 348.759, 348.760, 348.761, 348.765, and
 1193         369.317, F.S.; conforming terminology and making
 1194         technical changes; amending s. 369.324, F.S.; revising
 1195         the membership of the Wekiva River Basin Commission;
 1196         conforming terminology; providing criteria for the
 1197         transfer of the Osceola County Expressway System to
 1198         the Central Florida Expressway Authority; providing
 1199         for the repeal of part V of ch. 348, F.S., when the
 1200         Osceola County Expressway System is transferred to the
 1201         Central Florida Expressway Authority; requiring the
 1202         Central Florida Expressway Authority to reimburse
 1203         other governmental entities for obligations related to
 1204         the Osceola County Expressway System; providing for
 1205         reimbursement after payment of other obligations;
 1206         amending s. 373.4137, F.S.;