Florida Senate - 2013 CS for CS for SB 1132
By the Committees on Appropriations; and Community Affairs; and
Senator Brandes
576-04936A-13 20131132c2
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 repealing s. 11.45(3)(m), F.S., relating to the
4 authority of the Auditor General to conduct audits of
5 transportation corporations under the Florida
6 Transportation Corporation Act; amending s. 20.23,
7 F.S.; requiring the Transportation Commission to also
8 monitor authorities created under ch. 345, F.S.,
9 relating to the Florida Regional Transportation
10 Finance Authority Act; amending s. 110.205, F.S.;
11 changing a title to the State Freight and Logistics
12 Administrator from the State Public Transportation and
13 Modal Administrator, which is an exempt position not
14 covered under career service; amending s. 311.22,
15 F.S.; establishing the Department of Transportation as
16 the agency responsible for administering the section,
17 instead of the Florida Seaport Transportation and
18 Economic Development Council; providing for the future
19 repeal of the section; amending s. 316.515, F.S.;
20 providing that a straight truck may attach a forklift
21 to the rear of the cargo bed if it does not exceed a
22 specified length; repealing s. 316.530(3), F.S.,
23 relating to load limits for certain towed vehicles;
24 amending s. 316.545, F.S.; increasing the weight
25 amount used for penalty calculations; conforming
26 terminology; amending s. 331.360, F.S.; reordering
27 provisions; providing for a spaceport system plan;
28 providing funding for space transportation projects
29 from the State Transportation Trust Fund; requiring
30 Space Florida to provide the Department of
31 Transportation with specific project information and
32 to demonstrate transportation and aerospace benefits;
33 specifying the information to be provided; providing
34 funding criteria; amending s. 332.007, F.S.;
35 authorizing the Department of Transportation to fund
36 strategic airport investments; providing criteria;
37 amending s. 334.044, F.S.; prohibiting the department
38 from entering into a lease-purchase agreement with
39 certain transportation authorities after a specified
40 time; providing an exception from the requirement to
41 purchase all plant materials from Florida commercial
42 nursery stock when prohibited by applicable federal
43 law or regulation; amending s. 335.0415, F.S.;
44 creating a pilot program in the City of Miami to
45 transfer department responsibilities for public road
46 maintenance to the city; requiring the department to
47 enter into an interlocal agreement with the City of
48 Miami; specifying requirements of the interlocal
49 agreement; requiring the Florida Transportation
50 Commission to conduct a study at the conclusion of the
51 pilot program and provide the study to the Governor
52 and the Legislature; requiring the department to pay
53 the expenses of the study’s experts; amending s.
54 335.06, F.S.; revising the responsibilities of the
55 Department of Transportation, a county, or a
56 municipality to improve or maintain a road that
57 provides access to property within the state park
58 system; creating s. 336.71, F.S.; authorizing counties
59 to enter into public-private partnership agreements
60 for construction of transportation facilities;
61 providing requirements and limitations for such
62 agreements; providing procurement procedures;
63 providing for applicability; amending s. 337.11, F.S.;
64 removing the requirement that a contractor provide a
65 notarized affidavit as proof of registration; amending
66 s. 337.14, F.S.; revising the criteria for bidding
67 certain construction contracts to require a proposed
68 budget estimate if a contract is more than a specified
69 amount; amending s. 337.168, F.S.; providing that a
70 document that reveals the identity of a person who has
71 requested or received certain information before a
72 certain time is a public record; amending s. 337.25,
73 F.S.; authorizing the Department of Transportation to
74 use auction services in the conveyance of certain
75 property or leasehold interests; revising certain
76 inventory requirements; revising provisions and
77 providing criteria for the department to dispose of
78 certain excess property; providing such criteria for
79 the disposition of donated property, property used for
80 a public purpose, or property acquired to provide
81 replacement housing for certain displaced persons;
82 providing value offsets for property that requires
83 significant maintenance costs or exposes the
84 department to significant liability; providing
85 procedures for the sale of property to abutting
86 property owners; deleting provisions to conform to
87 changes made by the act; providing monetary
88 restrictions and criteria for the conveyance of
89 certain leasehold interests; providing exceptions to
90 restrictions for leases entered into for a public
91 purpose; providing criteria for the preparation of
92 estimates of value prepared by the department;
93 providing that the requirements of s. 73.013, F.S.,
94 relating to eminent domain, are not modified; amending
95 s. 337.251, F.S.; revising criteria for leasing
96 particular department property; increasing the time
97 the department must accept proposals for lease after a
98 notice is published; authorizing the department to
99 establish an application fee by rule; providing
100 criteria for the fee; providing criteria that the
101 lease must meet; amending s. 338.161, F.S.;
102 authorizing the department to enter into agreements
103 with owners of public or private transportation
104 facilities under which the department uses its
105 electronic toll collection and video billing systems
106 to collect for the owner certain charges for use of
107 the owners’ transportation facilities; amending s.
108 338.165, F.S.; removing the Beeline-East Expressway
109 and the Navarre Bridge from the list of facilities
110 that have toll revenues to secure their bonds;
111 amending s. 338.26, F.S.; revising the uses of fees
112 that are generated from tolls to include the design
113 and construction of a fire station that may be used by
114 certain local governments in accordance with a
115 specified memorandum; removing authority of a district
116 to issue bonds or notes; amending s. 339.175, F.S.;
117 revising the criteria that qualify a local government
118 for participation in a metropolitan planning
119 organization; revising the criteria to determine
120 voting membership of a metropolitan planning
121 organization; providing that each metropolitan
122 planning organization shall review its membership and
123 reapportion it as necessary; providing criteria;
124 relocating the requirement that the Governor review
125 and apportion the voting membership among the various
126 governmental entities within the metropolitan planning
127 area; amending s. 339.2821, F.S.; authorizing
128 Enterprise Florida, Inc., to be a consultant to the
129 Department of Transportation for consideration of
130 expenditures associated with and contracts for
131 transportation projects; revising the requirements for
132 economic development transportation project contracts
133 between the department and a governmental entity;
134 repealing the Florida Transportation Corporation Act;
135 repealing s. 339.401, F.S., relating to the short
136 title; repealing s. 339.402, F.S., relating to
137 definitions; repealing s. 339.403, F.S., relating to
138 legislative findings and purpose; repealing s.
139 339.404, F.S., relating to authorization of
140 corporations; repealing s. 339.405, F.S., relating to
141 type and structure of the corporation and income;
142 repealing s. 339.406, F.S., relating to contracts
143 between the department and the corporation; repealing
144 s. 339.407, F.S., relating to articles of
145 incorporation; repealing s. 339.408, F.S., relating to
146 the board of directors and advisory directors;
147 repealing s. 339.409, F.S., relating to bylaws;
148 repealing s. 339.410, F.S., relating to notice of
149 meetings and open records; repealing s. 339.411, F.S.,
150 relating to the amendment of articles; repealing s.
151 339.412, F.S., relating to the powers of the
152 corporation; repealing s. 339.414, F.S., relating to
153 use of state property; repealing s. 339.415, F.S.,
154 relating to exemptions from taxation; repealing s.
155 339.416, F.S., relating to the authority to alter or
156 dissolve corporations; repealing s. 339.417, F.S.,
157 relating to the dissolution of a corporation upon the
158 completion of purposes; repealing s. 339.418, F.S.,
159 relating to transfer of funds and property upon
160 dissolution; repealing s. 339.419, F.S., relating to
161 department rules; repealing s. 339.420, F.S., relating
162 to construction; repealing s. 339.421, F.S., relating
163 to issuance of debt; amending s. 339.55, F.S.; adding
164 spaceports to the list of facility types for which the
165 state-funded infrastructure bank may lend capital
166 costs or provide credit enhancements; amending s.
167 341.031, F.S.; revising the definition of the term
168 “intercity bus service”; amending s. 341.053, F.S.;
169 revising the types of eligible projects and criteria
170 of the intermodal development program; amending s.
171 343.80, F.S.; renaming the Northwest Florida
172 Transportation Corridor Authority Law as the Northwest
173 Florida Regional Transportation Finance Authority Law;
174 amending s. 343.805, F.S., defining “Northwest Florida
175 Regional Transportation Finance Authority System” or
176 “system”; deleting definitions of “U.S. 98 corridor”
177 and “U.S. 98 corridor system”; amending s. 343.81,
178 F.S.; renaming the Northwest Florida Transportation
179 Corridor Authority as the Northwest Florida Regional
180 Transportation Finance Authority; revising the
181 composition of the governing board of the authority
182 from eight to five voting members, two from Okaloosa
183 County and one each from Walton, Bay, and Gulf
184 Counties; removing from the governing body of the
185 authority voting members from Escambia, Santa Rosa,
186 Franklin, and Wakulla Counties; revising quorum
187 requirements and the number of votes necessary for any
188 action by the authority; removing the authority’s
189 authorization to establish a technical advisory
190 committee and related provisions; amending s. 343.82,
191 F.S.; authorizing the authority to acquire, hold,
192 construct, improve, maintain, operate, own, and lease
193 the Northwest Florida Regional Transportation Finance
194 Authority System; removing references to intended
195 improvement of mobility along the U.S. 98 corridor and
196 to the Santa Rosa Sound; removing direction to the
197 authority to adopt a corridor master plan, to annually
198 update and present the plan, to undertake projects or
199 other improvements in the plan, and to request certain
200 funding and technical assistance; conforming
201 terminology; removing a prohibition against the
202 authority imposing tolls or other charges; providing
203 the authority may dispose of property which the
204 authority and the Department of Transportation have
205 determined is not needed for the system; removing the
206 authority’s authorization to enter into lease-purchase
207 agreements with the department; removing the
208 authority’s power to borrow money from any federal
209 agency, the state, any agency of the state, or any
210 other public body of the state; amending s. 343.83,
211 F.S.; conforming terminology; amending s. 343.835,
212 F.S.; making conforming changes; replacing a reference
213 to facilities “constructed” by the authority to
214 facilities “owned or provided”; amending s. 343.84,
215 F.S.; providing that the department is the agent of
216 the authority for the purpose of constructing,
217 operating, and maintaining system facilities;
218 providing for alternative appointment of a specified
219 local agency as construction agent with the consent
220 and approval of the department; providing for
221 reimbursement from revenues of the system of costs
222 incurred by the department to operate and maintain the
223 system; providing that the department has no
224 independent obligation to operate and maintain the
225 system; providing the authority remains obligated as
226 to operate and maintain its system; directing the
227 authority to establish and collect tolls and other
228 charges for the authority’s facilities; amending s.
229 343.85, F.S.; conforming terminology; repealing s.
230 343.875, F.S., removing the authority’s authorization
231 to enter into public-private partnership agreements;
232 removing project criteria; removing department
233 authorization to use state resources to participate in
234 projects; removing authorization to request proposals
235 and to receive unsolicited proposals, removing related
236 notice provisions, and removing procedural provisions
237 related to consideration of such proposals; removing
238 authorization for the public-private entity to impose
239 tolls or fares, to exercise its powers, including
240 eminent domain, and to adopt rules; amending s.
241 343.89, F.S.; conforming terminology; amending s.
242 343.922, F.S.; removing a reference to advances from
243 the Toll Facilities Revolving Trust Fund as a source
244 of funding for certain projects by an authority;
245 creating ch. 345, F.S., relating to the Florida
246 Regional Transportation Finance Authority; creating s.
247 345.0001, F.S.; providing a short title; creating s.
248 345.0002, F.S.; providing definitions; creating s.
249 345.0003, F.S.; authorizing counties to form a
250 regional transportation finance authority that can
251 construct, maintain, or operate transportation
252 projects in a region of the state; providing for
253 governance of the authority; creating s. 345.0004,
254 F.S.; providing for the powers and duties of a
255 regional transportation finance authority; limiting an
256 authority’s power with respect to an existing system;
257 prohibiting an authority from pledging the credit or
258 taxing power of the state or any political subdivision
259 or agency of the state; requiring that an authority
260 comply with certain reporting and documentation
261 requirements; creating s. 345.0005, F.S.; allowing
262 bonds to be issues on behalf of an authority pursuant
263 to the State Bond Act; authorizing an authority to
264 issue bonds for certain purposes; providing that the
265 issued bonds must meet certain requirements; requiring
266 that the bonds be sold at a public sale; authorizing
267 the issuing of temporary bonds or interim
268 certificates; providing that the resolution that
269 authorizes the issuance of bonds may contain specified
270 provisions; authorizing an authority to enter into
271 deeds of trust, indentures, or other agreements with a
272 bank or trust company as security for issued bonds;
273 providing that the issued bonds are negotiable
274 instruments; providing that a resolution authorizing
275 the issuance of bonds and pledging of revenues of the
276 system must require that revenues be deposited to pay
277 operating and maintenance costs of the system and to
278 reimburse the department for certain costs;
279 prohibiting the use or pledge of state funds to pay
280 principal or interest of an authority’s bonds and
281 requiring bonds to contain a statement to this effect;
282 creating s. 345.0006, F.S.; providing for the rights
283 and remedies granted to certain bondholders; providing
284 the actions a trustee may take on behalf of the
285 bondholders; providing for the appointment of a
286 receiver; providing for the authority of the receiver;
287 providing limitations to the receiver’s authority;
288 creating s. 345.0007, F.S.; providing that the
289 Department of Transportation is the agent of each
290 authority for specified purposes; providing for the
291 administration and management of projects by the
292 department; providing limits on the department as an
293 agent; providing for the fiscal responsibilities of
294 the authority; creating s. 345.0008, F.S.; authorizing
295 the department to provide for or commit its resources
296 for an authority project or system, included in the
297 10-year Strategic Intermodal Plan, if included in a
298 specific plan and approved by the Legislature;
299 providing for feasibility studies; requiring certain
300 criteria to be met before department approval;
301 providing for payment of expenses incurred by the
302 department on behalf of an authority; requiring the
303 department to receive a share of the revenue from the
304 authority; providing calculations for disbursement of
305 revenues; creating s. 345.0009, F.S.; authorizing the
306 authority to acquire private or public property and
307 property rights for a project or plan; authorizing the
308 authority to exercise the right of eminent domain;
309 providing for the rights and liabilities and remedial
310 actions relating to property acquired for a
311 transportation project or corridor; creating s.
312 345.0010, F.S.; providing for contracts between
313 governmental entities and an authority; creating s.
314 345.0011, F.S.; providing that the state will not
315 limit or alter the vested rights of a bondholder with
316 regard to any issued bonds or rights relating to the
317 bonds under certain conditions; creating s. 345.0012,
318 F.S.; relieving the authority from the obligation of
319 paying certain taxes or assessments for property
320 acquired or used for certain public purposes or for
321 revenues received relating to the issuance of bonds;
322 providing exceptions; creating s. 345.0013, F.S.;
323 providing that the bonds or obligations issued are
324 legal investments of specified entities; creating s.
325 345.0014, F.S.; providing applicability; creating s.
326 345.0015, F.S.; creating the Santa Rosa-Escambia
327 Regional Transportation Finance Authority; creating s.
328 345.0016, F.S.; creating the Suncoast Regional
329 Transportation Finance Authority; providing for the
330 transfer of the governance and control of the Mid-Bay
331 Bridge Authority System to the Northwest Florida
332 Regional Transportation Finance Authority; providing
333 for the disposition of bonds, the protection of the
334 bondholders, the effect on the rights and obligations
335 under a contract or the bonds, and the revenues
336 associated with the bonds; amending ss. 348.751 and
337 348.752, F.S.; renaming the Orlando-Orange County
338 Expressway System as the “Central Florida Expressway
339 System”; revising definitions; making technical
340 changes; amending s. 348.753, F.S.; creating the
341 Central Florida Expressway Authority; providing for
342 the transfer of governance and control, legal rights
343 and powers, responsibilities, terms, and obligations
344 to the authority; providing conditions for the
345 transfer; revising the composition of the governing
346 body of the authority; providing for appointment of
347 officers of the authority; revising quorum and voting
348 requirements; conforming terminology and making
349 technical changes; amending s. 348.754, F.S.;
350 providing that the area served by the authority is
351 within the geopolitical boundaries of Orange,
352 Seminole, Lake, and Osceola Counties; requiring the
353 authority to have prior consent from the Secretary of
354 the Department of Transportation to construct an
355 extension, addition, or improvement to the expressway
356 system in Lake County; extending, to 99 years from 40
357 years, the term of a lease agreement; limiting the
358 authority’s authority to enter into a lease-purchase
359 agreement; limiting the use of certain toll-revenues;
360 providing exceptions; removing the requirement that
361 the route of a project must be approved by a
362 municipality before the right-of-way can be acquired;
363 requiring that the authority encourage the inclusion
364 of local-, small-, minority-, and women-owned
365 businesses in its procurement and contracting
366 opportunities; removing the authority and criteria for
367 an authority to waive payment and performance bonds
368 for certain public works projects that are awarded
369 pursuant to an economic development program;
370 conforming terminology and making technical changes;
371 amending ss. 348.7543, 348.7544, 348.7545, 348.7546,
372 348.7547, 348.755, and 348.756, F.S.; conforming
373 terminology and making technical changes; amending s.
374 348.757, F.S.; providing that upon termination of the
375 lease-purchase agreement of the former Orlando-Orange
376 County Expressway System, title in fee simple to the
377 system will be retained by the authority; conforming
378 terminology and making technical changes; amending ss.
379 348.758, 348.759, 348.760, 348.761, 348.765, and
380 369.317, F.S.; conforming terminology and making
381 technical changes; amending s. 369.324, F.S.; revising
382 the membership of the Wekiva River Basin Commission;
383 conforming terminology; providing criteria for the
384 transfer of the Osceola County Expressway System to
385 the Central Florida Expressway Authority; providing
386 for the repeal of part V of ch. 348, F.S., when the
387 Osceola County Expressway System is transferred to the
388 Central Florida Expressway Authority; requiring the
389 Central Florida Expressway Authority to reimburse
390 other governmental entities for obligations related to
391 the Osceola County Expressway System; providing for
392 reimbursement after payment of other obligations;
393 amending s. 373.4137, F.S.; providing legislative
394 intent that mitigation be implemented in a manner that
395 promotes efficiency, timeliness, and cost
396 effectiveness in project delivery; revising the
397 criteria of the environmental impact inventory;
398 revising the criteria for mitigation of projected
399 impacts identified in the environmental impact
400 inventory; requiring the Department of Transportation
401 to include funding for environmental mitigation for
402 its projects in its work program; revising the process
403 and criteria for the payment by the department or
404 participating transportation authorities of mitigation
405 implemented by water management districts or the
406 Department of Environmental Protection; revising the
407 requirements for the payment to a water management
408 district or the Department of Environmental Protection
409 of the costs of mitigation planning and implementation
410 of the mitigation required by a permit; revising the
411 payment criteria for preparing and implementing
412 mitigation plans adopted by water management districts
413 for transportation impacts based on the environmental
414 impact inventory; adding federal requirements for the
415 development of a mitigation plan; providing for
416 transportation projects in the environmental
417 mitigation plan for which mitigation has not been
418 specified; revising a water management district’s
419 responsibilities relating to a mitigation plan;
420 amending s. 373.618, F.S.; revising the outdoor
421 advertisement exemption criteria for a public
422 information system; amending s. 341.052, F.S.;
423 prohibiting an eligible public transit provider from
424 using public transit block grant funds to pursue or
425 promote the levying of new or additional taxes through
426 public referenda; requiring the amount of the
427 provider’s grant to be reduced by any amount so spent;
428 defining the term “public funds” for purposes of the
429 prohibition; providing an exception; requiring the
430 Florida Transportation Commission to study the
431 potential for state revenue from parking meters and
432 other parking time-limit devices; authorizing the
433 commission to retain experts; requiring the department
434 to pay for the experts; requiring certain information
435 from municipalities and counties; requiring certain
436 information to be considered in the study; requiring a
437 written report; providing for a moratorium on new
438 parking meters or other parking time-limit devices on
439 the state right-of-way; prohibiting the sale of unsafe
440 used tires by used tire retailers under certain
441 circumstances; providing an exception; providing what
442 constitutes an unsafe used tire; providing that a
443 person who violates this section commits an unfair and
444 deceptive trade practice; providing effective dates.
445
446 Be It Enacted by the Legislature of the State of Florida:
447
448 Section 1. Paragraph (m) of subsection (3) of section
449 11.45, Florida Statutes, is repealed.
450 Section 2. Paragraph (b) of subsection (2) and subsection
451 (3) of section 20.23, Florida Statutes, are amended, and present
452 subsections (4) through (7) of that subsection are renumbered as
453 subsections (3) through (6), to read:
454 20.23 Department of Transportation.—There is created a
455 Department of Transportation which shall be a decentralized
456 agency.
457 (2)
458 (b) The commission shall have the primary functions to:
459 1. Recommend major transportation policies for the
460 Governor’s approval, and assure that approved policies and any
461 revisions thereto are properly executed.
462 2. Periodically review the status of the state
463 transportation system including highway, transit, rail, seaport,
464 intermodal development, and aviation components of the system
465 and recommend improvements therein to the Governor and the
466 Legislature.
467 3. Perform an in-depth evaluation of the annual department
468 budget request, the Florida Transportation Plan, and the
469 tentative work program for compliance with all applicable laws
470 and established departmental policies. Except as specifically
471 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
472 not consider individual construction projects, but shall
473 consider methods of accomplishing the goals of the department in
474 the most effective, efficient, and businesslike manner.
475 4. Monitor the financial status of the department on a
476 regular basis to assure that the department is managing revenue
477 and bond proceeds responsibly and in accordance with law and
478 established policy.
479 5. Monitor on at least a quarterly basis, the efficiency,
480 productivity, and management of the department, using
481 performance and production standards developed by the commission
482 pursuant to s. 334.045.
483 6. Perform an in-depth evaluation of the factors causing
484 disruption of project schedules in the adopted work program and
485 recommend to the Legislature and the Governor methods to
486 eliminate or reduce the disruptive effects of these factors.
487 7. Recommend to the Governor and the Legislature
488 improvements to the department’s organization in order to
489 streamline and optimize the efficiency of the department. In
490 reviewing the department’s organization, the commission shall
491 determine if the current district organizational structure is
492 responsive to Florida’s changing economic and demographic
493 development patterns. The initial report by the commission must
494 be delivered to the Governor and Legislature by December 15,
495 2000, and each year thereafter, as appropriate. The commission
496 may retain such experts that as are reasonably necessary to
497 effectuate this subparagraph, and the department shall pay the
498 expenses of the such experts.
499 8. Monitor the efficiency, productivity, and management of
500 the authorities created under chapters 345, 348, and 349,
501 including any authority formed using the provisions of part I of
502 chapter 348, and any authority formed under chapter 343 which is
503 not monitored under subsection (3). The commission shall also
504 conduct periodic reviews of each authority’s operations and
505 budget, acquisition of property, management of revenue and bond
506 proceeds, and compliance with applicable laws and generally
507 accepted accounting principles.
508 (3) There is created the Florida Statewide Passenger Rail
509 Commission.
510 (a)1. The commission shall consist of nine voting members
511 appointed as follows:
512 a. Three members shall be appointed by the Governor, one of
513 whom must have a background in the area of environmental
514 concerns, one of whom must have a legislative background, and
515 one of whom must have a general business background.
516 b. Three members shall be appointed by the President of the
517 Senate, one of whom must have a background in civil engineering,
518 one of whom must have a background in transportation
519 construction, and one of whom must have a general business
520 background.
521 c. Three members shall be appointed by the Speaker of the
522 House of Representatives, one of whom must have a legal
523 background, one of whom must have a background in financial
524 matters, and one of whom must have a general business
525 background.
526 2. The initial term of each member appointed by the
527 Governor shall be for 4 years. The initial term of each member
528 appointed by the President of the Senate shall be for 3 years.
529 The initial term of each member appointed by the Speaker of the
530 House of Representatives shall be for 2 years. Succeeding terms
531 for all members shall be for 4 years.
532 3. A vacancy occurring during a term shall be filled by the
533 respective appointing authority in the same manner as the
534 original appointment and only for the balance of the unexpired
535 term. An appointment to fill a vacancy shall be made within 60
536 days after the occurrence of the vacancy.
537 4. The commission shall elect one of its members as chair
538 of the commission. The chair shall hold office at the will of
539 the commission. Five members of the commission shall constitute
540 a quorum, and the vote of five members shall be necessary for
541 any action taken by the commission. The commission may meet upon
542 the constitution of a quorum. A vacancy in the commission does
543 not impair the right of a quorum to exercise all rights and
544 perform all duties of the commission.
545 5. The members of the commission are not entitled to
546 compensation but are entitled to reimbursement for travel and
547 other necessary expenses as provided in s. 112.061.
548 (b) The commission shall have the primary functions of:
549 1. Monitoring the efficiency, productivity, and management
550 of all publicly funded passenger rail systems in the state,
551 including, but not limited to, any authority created under
552 chapter 343, chapter 349, or chapter 163 if the authority
553 receives public funds for the provision of passenger rail
554 service. The commission shall advise each monitored authority of
555 its findings and recommendations. The commission shall also
556 conduct periodic reviews of each monitored authority’s passenger
557 rail and associated transit operations and budget, acquisition
558 of property, management of revenue and bond proceeds, and
559 compliance with applicable laws and generally accepted
560 accounting principles. The commission may seek the assistance of
561 the Auditor General in conducting such reviews and shall report
562 the findings of such reviews to the Legislature. This paragraph
563 does not preclude the Florida Transportation Commission from
564 conducting its performance and work program monitoring
565 responsibilities.
566 2. Advising the department on policies and strategies used
567 in planning, designing, building, operating, financing, and
568 maintaining a coordinated statewide system of passenger rail
569 services.
570 3. Evaluating passenger rail policies and providing advice
571 and recommendations to the Legislature on passenger rail
572 operations in the state.
573 (c) The commission or a member of the commission may not
574 enter into the day-to-day operation of the department or a
575 monitored authority and is specifically prohibited from taking
576 part in:
577 1. The awarding of contracts.
578 2. The selection of a consultant or contractor or the
579 prequalification of any individual consultant or contractor.
580 However, the commission may recommend to the secretary standards
581 and policies governing the procedure for selection and
582 prequalification of consultants and contractors.
583 3. The selection of a route for a specific project.
584 4. The specific location of a transportation facility.
585 5. The acquisition of rights-of-way.
586 6. The employment, promotion, demotion, suspension,
587 transfer, or discharge of any department personnel.
588 7. The granting, denial, suspension, or revocation of any
589 license or permit issued by the department.
590 (d) The commission is assigned to the Office of the
591 Secretary of the Department of Transportation for administrative
592 and fiscal accountability purposes, but it shall otherwise
593 function independently of the control and direction of the
594 department except that reasonable expenses of the commission
595 shall be subject to approval by the Secretary of Transportation.
596 The department shall provide administrative support and service
597 to the commission.
598 Section 3. Paragraphs (j) and (m) of subsection (2) of
599 section 110.205, Florida Statutes, are amended to read:
600 110.205 Career service; exemptions.—
601 (2) EXEMPT POSITIONS.—The exempt positions that are not
602 covered by this part include the following:
603 (j) The appointed secretaries and the State Surgeon
604 General, assistant secretaries, deputy secretaries, and deputy
605 assistant secretaries of all departments; the executive
606 directors, assistant executive directors, deputy executive
607 directors, and deputy assistant executive directors of all
608 departments; the directors of all divisions and those positions
609 determined by the department to have managerial responsibilities
610 comparable to such positions, which positions include, but are
611 not limited to, program directors, assistant program directors,
612 district administrators, deputy district administrators, the
613 Director of Central Operations Services of the Department of
614 Children and Family Services, the State Transportation
615 Development Administrator, State Freight and Logistics Public
616 Transportation and Modal Administrator, district secretaries,
617 district directors of transportation development, transportation
618 operations, transportation support, and the managers of the
619 offices specified in s. 20.23(3)(b) 20.23(4)(b), of the
620 Department of Transportation. Unless otherwise fixed by law, the
621 department shall set the salary and benefits of these positions
622 in accordance with the rules of the Senior Management Service;
623 and the county health department directors and county health
624 department administrators of the Department of Health.
625 (m) All assistant division director, deputy division
626 director, and bureau chief positions in any department, and
627 those positions determined by the department to have managerial
628 responsibilities comparable to such positions, which include,
629 but are not limited to:
630 1. Positions in the Department of Health and the Department
631 of Children and Family Services that are assigned primary duties
632 of serving as the superintendent or assistant superintendent of
633 an institution.
634 2. Positions in the Department of Corrections that are
635 assigned primary duties of serving as the warden, assistant
636 warden, colonel, or major of an institution or that are assigned
637 primary duties of serving as the circuit administrator or deputy
638 circuit administrator.
639 3. Positions in the Department of Transportation that are
640 assigned primary duties of serving as regional toll managers and
641 managers of offices, as defined in s. 20.23(3)(b) and (4)(c)
642 20.23(4)(b) and (5)(c).
643 4. Positions in the Department of Environmental Protection
644 that are assigned the duty of an Environmental Administrator or
645 program administrator.
646 5. Positions in the Department of Health that are assigned
647 the duties of Environmental Administrator, Assistant County
648 Health Department Director, and County Health Department
649 Financial Administrator.
650
651 Unless otherwise fixed by law, the department shall set the
652 salary and benefits of the positions listed in this paragraph in
653 accordance with the rules established for the Selected Exempt
654 Service.
655 Section 4. Section 311.22, Florida Statutes, is amended to
656 read:
657 311.22 Additional authorization for funding certain
658 dredging projects.—
659 (1) The Department of Transportation Florida Seaport
660 Transportation and Economic Development Council shall establish
661 a program to fund dredging projects in counties having a
662 population of fewer than 300,000 according to the last official
663 census. Funds made available under this program may be used to
664 fund approved projects for the dredging or deepening of
665 channels, turning basins, or harbors on a 25-percent local
666 matching basis with any port authority, as such term is defined
667 in s. 315.02(2), which complies with the permitting requirements
668 in part IV of chapter 373 and the local financial management and
669 reporting provisions of part III of chapter 218.
670 (2) The department council shall adopt rules for evaluating
671 the projects that may be funded pursuant to this section. The
672 rules must provide criteria for evaluating the economic benefit
673 of the project. The rules must include the creation of an
674 administrative review process by the department council which is
675 similar to the process described in s. 311.09(5)-(11), and
676 provide for a review by the Department of Transportation and the
677 Department of Economic Opportunity of all projects submitted for
678 funding under this section.
679 (3) This section expires on July 1, 2018.
680 Section 5. Paragraph (a) of subsection (3) of section
681 316.515, Florida Statutes, is amended to read
682 316.515 Maximum width, height, length.—
683 (3) LENGTH LIMITATION.—Except as otherwise provided in this
684 section, length limitations apply solely to a semitrailer or
685 trailer, and not to a truck tractor or to the overall length of
686 a combination of vehicles. No combination of commercial motor
687 vehicles coupled together and operating on the public roads may
688 consist of more than one truck tractor and two trailing units.
689 Unless otherwise specifically provided for in this section, a
690 combination of vehicles not qualifying as commercial motor
691 vehicles may consist of no more than two units coupled together;
692 such nonqualifying combination of vehicles may not exceed a
693 total length of 65 feet, inclusive of the load carried thereon,
694 but exclusive of safety and energy conservation devices approved
695 by the department for use on vehicles using public roads.
696 Notwithstanding any other provision of this section, a truck
697 tractor-semitrailer combination engaged in the transportation of
698 automobiles or boats may transport motor vehicles or boats on
699 part of the power unit; and, except as may otherwise be mandated
700 under federal law, an automobile or boat transporter semitrailer
701 may not exceed 50 feet in length, exclusive of the load;
702 however, the load may extend up to an additional 6 feet beyond
703 the rear of the trailer. The 50-feet length limitation does not
704 apply to non-stinger-steered automobile or boat transporters
705 that are 65 feet or less in overall length, exclusive of the
706 load carried thereon, or to stinger-steered automobile or boat
707 transporters that are 75 feet or less in overall length,
708 exclusive of the load carried thereon. For purposes of this
709 subsection, a “stinger-steered automobile or boat transporter”
710 is an automobile or boat transporter configured as a semitrailer
711 combination wherein the fifth wheel is located on a drop frame
712 located behind and below the rearmost axle of the power unit.
713 Notwithstanding paragraphs (a) and (b), any straight truck or
714 truck tractor-semitrailer combination engaged in the
715 transportation of horticultural trees may allow the load to
716 extend up to an additional 10 feet beyond the rear of the
717 vehicle, provided said trees are resting against a retaining bar
718 mounted above the truck bed so that the root balls of the trees
719 rest on the floor and to the front of the truck bed and the tops
720 of the trees extend up over and to the rear of the truck bed,
721 and provided the overhanging portion of the load is covered with
722 protective fabric.
723 (a) Straight trucks.—A straight truck may not exceed a
724 length of 40 feet in extreme overall dimension, exclusive of
725 safety and energy conservation devices approved by the
726 department for use on vehicles using public roads. A straight
727 truck may attach a forklift to the rear of the cargo bed,
728 provided the overall combined length of the vehicle and the
729 forklift does not exceed 50 feet. A straight truck may tow no
730 more than one trailer, and the overall length of the truck
731 trailer combination may not exceed 68 feet, including the load
732 thereon. Notwithstanding any other provisions of this section, a
733 truck-trailer combination engaged in the transportation of
734 boats, or boat trailers whose design dictates a front-to-rear
735 stacking method may not exceed the length limitations of this
736 paragraph exclusive of the load; however, the load may extend up
737 to an additional 6 feet beyond the rear of the trailer.
738 Section 6. Subsection (3) of section 316.530, Florida
739 Statutes, is repealed.
740 Section 7. Subsection (3) of section 316.545, Florida
741 Statutes, is amended to read:
742 316.545 Weight and load unlawful; special fuel and motor
743 fuel tax enforcement; inspection; penalty; review.—
744 (3) Any person who violates the overloading provisions of
745 this chapter shall be conclusively presumed to have damaged the
746 highways of this state by reason of such overloading, which
747 damage is hereby fixed as follows:
748 (a) If When the excess weight is 200 pounds or less than
749 the maximum herein provided by this chapter, the penalty is
750 shall be $10;
751 (b) Five cents per pound for each pound of weight in excess
752 of the maximum herein provided in this chapter if when the
753 excess weight exceeds 200 pounds. However, if whenever the gross
754 weight of the vehicle or combination of vehicles does not exceed
755 the maximum allowable gross weight, the maximum fine for the
756 first 600 pounds of unlawful axle weight is shall be $10;
757 (c) For a vehicle equipped with fully functional idle
758 reduction technology, any penalty shall be calculated by
759 reducing the actual gross vehicle weight or the internal bridge
760 weight by the certified weight of the idle-reduction technology
761 or by 550 400 pounds, whichever is less. The vehicle operator
762 must present written certification of the weight of the idle
763 reduction technology and must demonstrate or certify that the
764 idle-reduction technology is fully functional at all times. This
765 calculation is not allowed for vehicles described in s.
766 316.535(6);
767 (d) An apportioned motor vehicle, as defined in s. 320.01,
768 operating on the highways of this state without being properly
769 licensed and registered shall be subject to the penalties as
770 herein provided in this section; and
771 (e) Vehicles operating on the highways of this state from
772 nonmember International Registration Plan jurisdictions which
773 are not in compliance with the provisions of s. 316.605 shall be
774 subject to the penalties as herein provided in this section.
775 Section 8. Section 331.360, Florida Statutes, is reordered
776 and amended to read:
777 331.360 Joint participation agreement or assistance;
778 Spaceport system master plan.—
779 (2)(1) It shall be the duty, function, and responsibility
780 of The department shall of Transportation to promote the further
781 development and improvement of aerospace transportation
782 facilities; to address intermodal requirements and impacts of
783 the launch ranges, spaceports, and other space transportation
784 facilities; to assist in the development of joint-use facilities
785 and technology that support aviation and aerospace operations;
786 to coordinate and cooperate in the development of spaceport
787 infrastructure and related transportation facilities contained
788 in the Strategic Intermodal System Plan; to encourage, where
789 appropriate, the cooperation and integration of airports and
790 spaceports in order to meet transportation-related needs; and to
791 facilitate and promote cooperative efforts between federal and
792 state government entities to improve space transportation
793 capacity and efficiency. In carrying out this duty and
794 responsibility, the department may assist and advise, cooperate
795 with, and coordinate with federal, state, local, or private
796 organizations and individuals. The department may
797 administratively house its space transportation responsibilities
798 within an existing division or office.
799 (3)(2) Notwithstanding any other provision of law, the
800 department of Transportation may enter into an a joint
801 participation agreement with, or otherwise assist, Space Florida
802 as necessary to effectuate the provisions of this chapter and
803 may allocate funds for such purposes in its 5-year work program.
804 However, the department may not fund the administrative or
805 operational costs of Space Florida.
806 (1)(3) Space Florida shall develop a spaceport system
807 master plan that identifies statewide spaceport goals and the
808 need for expansion and modernization of space transportation
809 facilities within spaceport territories as defined in s.
810 331.303. The plan must shall contain recommended projects that
811 to meet current and future commercial, national, and state space
812 transportation requirements. Space Florida shall submit the plan
813 to each any appropriate metropolitan planning organization for
814 review of intermodal impacts. Space Florida shall submit the
815 spaceport system master plan to the department of
816 Transportation, which may include those portions of the system
817 plan which are relevant to the Department of Transportation’s
818 mission and such plan may be included within the department’s 5
819 year work program of qualifying projects aerospace discretionary
820 capacity improvement under subsection (4). The plan must shall
821 identify appropriate funding levels for each project and include
822 recommendations on appropriate sources of revenue that may be
823 developed to contribute to the State Transportation Trust Fund.
824 (4)(a) Beginning in fiscal year 2013-2014, a minimum of $15
825 million annually is authorized to be made available from the
826 State Transportation Trust Fund to fund space transportation
827 projects. The funds for this initiative shall be from the funds
828 dedicated to public transportation projects pursuant to s.
829 206.46(3).
830 (b) Before executing an agreement, Space Florida must
831 provide project-specific information to the department in order
832 to demonstrate that the project includes transportation and
833 aerospace benefits. The project-specific information must
834 include, but need not be limited to:
835 1. The description, characteristics, and scope of the
836 project.
837 2. The funding sources for and costs of the project.
838 3. The financing considerations that emphasize federal,
839 local, and private participation.
840 4. A financial feasibility and risk analysis, including a
841 description of the efforts to protect the state’s investment and
842 to ensure that project goals are realized.
843 5. A demonstration that the project will encourage,
844 enhance, or create economic benefits for the state.
845 (c) The department may fund up to 50 percent of eligible
846 project costs. If the project meets the following criteria, the
847 department may fund up to 100 percent of eligible project costs.
848 The project must:
849 1. Provide important access and on-spaceport capacity
850 improvements;
851 2. Provide capital improvements to strategically position
852 the state to maximize opportunities in the aerospace industry or
853 foster growth and development of a sustainable and world-leading
854 aerospace industry in the state;
855 3. Meet state goals of an integrated intermodal
856 transportation system; and
857 4. Demonstrate the feasibility and availability of matching
858 funds through federal, local, or private partners Subject to the
859 availability of appropriated funds, the department may
860 participate in the capital cost of eligible spaceport
861 discretionary capacity improvement projects. The annual
862 legislative budget request shall be based on the proposed
863 funding requested for approved spaceport discretionary capacity
864 improvement projects.
865 Section 9. Subsection (11) is added to section 332.007,
866 Florida Statutes, to read:
867 332.007 Administration and financing of aviation and
868 airport programs and projects; state plan.—
869 (11) The department may fund strategic airport investment
870 projects at up to 100 percent of the project’s cost if all the
871 following criteria are met:
872 (a) Important access and on-airport capacity improvements
873 are provided.
874 (b) Capital improvements that strategically position the
875 state to maximize opportunities in international trade,
876 logistics, and the aviation industry are provided.
877 (c) Goals of an integrated intermodal transportation system
878 for the state are achieved.
879 (d) Feasibility and availability of matching funds through
880 federal, local, or private partners are demonstrated.
881 Section 10. Subsections (16) and (26) of section 334.044,
882 Florida Statutes, are amended to read:
883 334.044 Department; powers and duties.—The department shall
884 have the following general powers and duties:
885 (16) To plan, acquire, lease, construct, maintain, and
886 operate toll facilities; to authorize the issuance and refunding
887 of bonds; and to fix and collect tolls or other charges for
888 travel on any such facilities. Effective July 1, 2013, and
889 notwithstanding any other law to the contrary, the department
890 may not enter into a lease-purchase agreement with an expressway
891 authority, regional transportation authority, or other entity.
892 This provision does not invalidate a lease-purchase agreement
893 authorized under chapter 348 or chapter 2000-411, Laws of
894 Florida, and existing as of July 1, 2013, and does not limit the
895 department’s authority under s. 334.30.
896 (26) To provide for the enhancement of environmental
897 benefits, including air and water quality; to prevent roadside
898 erosion; to conserve the natural roadside growth and scenery;
899 and to provide for the implementation and maintenance of
900 roadside conservation, enhancement, and stabilization programs.
901 No less than 1.5 percent of the amount contracted for
902 construction projects shall be allocated by the department on a
903 statewide basis for the purchase of plant materials. Department
904 districts may not expend funds for landscaping in connection
905 with any project that is limited to resurfacing existing lanes
906 unless the expenditure has been approved by the department’s
907 secretary or the secretary’s designee. To the greatest extent
908 practical, a minimum of 50 percent of the funds allocated under
909 this subsection shall be allocated for large plant materials and
910 the remaining funds for other plant materials. Except as
911 prohibited by applicable federal law or regulation, all plant
912 materials shall be purchased from Florida commercial nursery
913 stock in this state on a uniform competitive bid basis. The
914 department shall develop grades and standards for landscaping
915 materials purchased through this process. To accomplish these
916 activities, the department may contract with nonprofit
917 organizations having the primary purpose of developing youth
918 employment opportunities.
919 Section 11. Subsection (6) is added to section 335.0415,
920 Florida Statutes, to read:
921 335.0415 Public road jurisdiction and transfer process.—
922 (6) Notwithstanding the provisions of subsections (1)–(5)
923 or any other provision of law to the contrary, it is the intent
924 of the Legislature that, as a pilot program, the City of Miami
925 be provided and assume certain responsibilities for the
926 maintenance of State Road 5/Brickell Avenue/Biscayne Boulevard
927 within defined limits in the City of Miami.
928 (a) The department shall enter into an interlocal agreement
929 with the City of Miami which must provide that the City of Miami
930 be responsible for street cleaning, landscaping, and maintenance
931 of the right-of-way of State Road 5/Brickell Avenue/Biscayne
932 Boulevard, from its intersection with Interstate 95 to its
933 intersection with Northeast 15th Street, excluding the Brickell
934 Bridge and its approaches, for a 5-year period. The interlocal
935 agreement must:
936 1. Contain performance measures to ensure that the facility
937 and landscaping are maintained in accordance with applicable
938 department standards.
939 2. Require the city to meet or exceed the performance
940 measures as a condition of payment by the department for the
941 work performed by the city.
942 3. Indemnify and hold the department harmless from any
943 liability arising out of the city’s exercise of, or failure to
944 exercise, the transferred responsibilities.
945 (b) During the final year of the 5-year pilot program, the
946 Florida Transportation Commission shall conduct a study to
947 evaluate the effectiveness and benefits of the pilot program.
948 The commission may retain such experts as are reasonably
949 necessary to complete the study, and the department shall pay
950 the expenses of such experts. The commission shall complete the
951 study within 60 days after the end of the 5-year pilot program
952 and shall provide a written report of its findings and
953 conclusions to the Governor, the President of the Senate, the
954 Speaker of the House of Representatives, and the chairs of each
955 of the appropriations committees of the Legislature.
956 Section 12. Section 335.06, Florida Statutes, is amended to
957 read:
958 335.06 Access roads to the state park system.—A Any road
959 that which provides access to property within the state park
960 system must shall be maintained by the department if the road is
961 a part of the State Highway System and may be improved and
962 maintained by the department if the road is part of a county
963 road system or city street system. If the department does not
964 maintain a county or city road that is a part of the county road
965 system or the city street system and that provides access to the
966 state park system, the road must or shall be maintained by the
967 appropriate county or municipality if the road is a part of the
968 county road system or the city street system.
969 Section 13. Section 336.71, Florida Statutes, is created to
970 read:
971 336.71 Public-private cooperation in construction of county
972 roads.—
973 (1) If a county receives a proposal, solicited or
974 unsolicited, from a private entity seeking to construct, extend,
975 or improve a county road or portion thereof, the county may
976 enter into an agreement with the private entity for completion
977 of the road construction project, which agreement may provide
978 for payment to the private entity, from public funds, if the
979 county conducts a noticed public hearing and finds that the
980 proposed county road construction project:
981 (a) Is in the best interest of the public.
982 (b) Would only use county funds for portions of the project
983 that will be part of the county road system.
984 (c) Would have adequate safeguards to ensure that
985 additional costs or unreasonable service disruptions are not
986 realized by the traveling public and residents of the state.
987 (d) Upon completion, would be a part of the county road
988 system owned by the county.
989 (e) Would result in a financial benefit to the public by
990 completing the subject project at a cost to the public
991 significantly lower than if the project were constructed by the
992 county using the normal procurement process.
993 (2) The notice for the public hearing provided for in
994 subsection (1) must be published at least 14 days before the
995 date of the public meeting at which the governing board takes
996 final action. The notice must identify the project and the
997 estimated cost of the project, and specify that the purpose for
998 the public meeting is to consider whether it is in the public’s
999 best interest to accept the proposal and enter into an
1000 agreement. The determination of cost savings pursuant to
1001 paragraph (1)(e) must be supported by a cost estimate of a
1002 professional engineer which is made available to the public at
1003 least 14 days before the public meeting and placed in the record
1004 for that meeting.
1005 (3) The project and agreement are exempt from s. 255.20
1006 pursuant to s. 255.20(1)(c)11. if the process in subsection (1)
1007 is followed.
1008 (4) Except as otherwise expressly provided in this section,
1009 this section does not affect existing law by granting additional
1010 powers to or imposing further restrictions on local government
1011 entities.
1012 Section 14. Subsection (13) of section 337.11, Florida
1013 Statutes, is amended to read:
1014 337.11 Contracting authority of department; bids; emergency
1015 repairs, supplemental agreements, and change orders; combined
1016 design and construction contracts; progress payments; records;
1017 requirements of vehicle registration.—
1018 (13) Each contract let by the department for the
1019 performance of road or bridge construction or maintenance work
1020 shall require contain a provision requiring the contractor to
1021 provide proof to the department, in the form of a notarized
1022 affidavit from the contractor, that all motor vehicles that the
1023 contractor he or she operates or causes to be operated in this
1024 state to be are registered in compliance with chapter 320.
1025 Section 15. Subsection (1) of section 337.14, Florida
1026 Statutes, is amended to read:
1027 337.14 Application for qualification; certificate of
1028 qualification; restrictions; request for hearing.—
1029 (1) A Any person who desires desiring to bid for the
1030 performance of any construction contract with a proposed budget
1031 estimate in excess of $250,000 which the department proposes to
1032 let must first be certified by the department as qualified
1033 pursuant to this section and rules of the department. The rules
1034 of the department must shall address the qualification of a
1035 person persons to bid on construction contracts with a proposed
1036 budget estimate that is in excess of $250,000 and must shall
1037 include requirements with respect to the equipment, past record,
1038 experience, financial resources, and organizational personnel of
1039 the applicant necessary to perform the specific class of work
1040 for which the person seeks certification. The department may
1041 limit the dollar amount of any contract upon which a person is
1042 qualified to bid or the aggregate total dollar volume of
1043 contracts such person may is allowed to have under contract at
1044 any one time. Each applicant who seeks seeking qualification to
1045 bid on construction contracts with a proposed budget estimate in
1046 excess of $250,000 must shall furnish the department a statement
1047 under oath, on such forms as the department may prescribe,
1048 setting forth detailed information as required on the
1049 application. Each application for certification must shall be
1050 accompanied by the latest annual financial statement of the
1051 applicant completed within the last 12 months. If the
1052 application or the annual financial statement shows the
1053 financial condition of the applicant more than 4 months before
1054 prior to the date on which the application is received by the
1055 department, then an interim financial statement must be
1056 submitted and be accompanied by an updated application. The
1057 interim financial statement must cover the period from the end
1058 date of the annual statement and must show the financial
1059 condition of the applicant no more than 4 months before prior to
1060 the date the interim financial statement is received by the
1061 department. However, upon request by the applicant, an
1062 application and accompanying annual or interim financial
1063 statement received by the department within 15 days after either
1064 4-month period provided pursuant to under this subsection must
1065 shall be considered timely. Each required annual or interim
1066 financial statement must be audited and accompanied by the
1067 opinion of a certified public accountant. An applicant desiring
1068 to bid exclusively for the performance of construction contracts
1069 with proposed budget estimates of less than $1 million may
1070 submit reviewed annual or reviewed interim financial statements
1071 prepared by a certified public accountant. The information
1072 required by this subsection is confidential and exempt from the
1073 provisions of s. 119.07(1). The department shall act upon the
1074 application for qualification within 30 days after the
1075 department determines that the application is complete. The
1076 department may waive the requirements of this subsection for
1077 projects having a contract price of $500,000 or less if the
1078 department determines that the project is of a noncritical
1079 nature and the waiver will not endanger public health, safety,
1080 or property.
1081 Section 16. Subsection (2) of section 337.168, Florida
1082 Statutes, is amended to read:
1083 337.168 Confidentiality of official estimates, identities
1084 of potential bidders, and bid analysis and monitoring system.—
1085 (2) A document that reveals revealing the identity of a
1086 person who has persons who have requested or obtained a bid
1087 package, plan packages, plans, or specifications pertaining to
1088 any project to be let by the department is confidential and
1089 exempt from the provisions of s. 119.07(1) for the period that
1090 which begins 2 working days before prior to the deadline for
1091 obtaining bid packages, plans, or specifications and ends with
1092 the letting of the bid. A document that reveals the identity of
1093 a person who has requested or obtained a bid package, plan, or
1094 specifications pertaining to any project to be let by the
1095 department before the 2 working days before the deadline for
1096 obtaining bid packages, plans, or specifications remains a
1097 public record subject to the provisions of s. 119.07(1).
1098 Section 17. Section 337.25, Florida Statutes, is amended to
1099 read:
1100 337.25 Acquisition, lease, and disposal of real and
1101 personal property.—
1102 (1)(a) The department may purchase, lease, exchange, or
1103 otherwise acquire any land, property interests, or buildings or
1104 other improvements, including personal property within such
1105 buildings or on such lands, necessary to secure or utilize
1106 transportation rights-of-way for existing, proposed, or
1107 anticipated transportation facilities on the State Highway
1108 System, on the State Park Road System, in a rail corridor, or in
1109 a transportation corridor designated by the department. Such
1110 property shall be held in the name of the state.
1111 (b) The department may accept donations of any land or
1112 buildings or other improvements, including personal property
1113 within such buildings or on such lands with or without such
1114 conditions, reservations, or reverter provisions as are
1115 acceptable to the department. Such donations may be used as
1116 transportation rights-of-way or to secure or utilize
1117 transportation rights-of-way for existing, proposed, or
1118 anticipated transportation facilities on the State Highway
1119 System, on the State Park Road System, or in a transportation
1120 corridor designated by the department.
1121 (c) When lands, buildings, or other improvements are needed
1122 for transportation purposes, but are held by a federal, state,
1123 or local governmental entity and utilized for public purposes
1124 other than transportation, the department may compensate the
1125 entity for such properties by providing functionally equivalent
1126 replacement facilities. The providing of replacement facilities
1127 under this subsection may only be undertaken with the agreement
1128 of the governmental entity affected.
1129 (d) The department may contract pursuant to s. 287.055 for
1130 auction services used in the conveyance of real or personal
1131 property or the conveyance of leasehold interests under the
1132 provisions of subsections (4) and (5). The contract may allow
1133 for the contractor to retain a portion of the proceeds as
1134 compensation for the contractor’s services.
1135 (2) A complete inventory shall be made of all real or
1136 personal property immediately upon possession or acquisition.
1137 Such inventory shall include a statement of the location or site
1138 of each piece of realty, structure, or severable item an
1139 itemized listing of all appliances, fixtures, and other
1140 severable items; a statement of the location or site of each
1141 piece of realty, structure, or severable item; and the serial
1142 number assigned to each. Copies of each inventory shall be filed
1143 in the district office in which the property is located. Such
1144 inventory shall be carried forward to show the final disposition
1145 of each item of property, both real and personal.
1146 (3) The inventory of real property which was acquired by
1147 the state after December 31, 1988, which has been owned by the
1148 state for 10 or more years, and which is not within a
1149 transportation corridor or within the right-of-way of a
1150 transportation facility shall be evaluated to determine the
1151 necessity for retaining the property. If the property is not
1152 needed for the construction, operation, and maintenance of a
1153 transportation facility, or is not located within a
1154 transportation corridor, the department may dispose of the
1155 property pursuant to subsection (4).
1156 (4) The department may convey sell, in the name of the
1157 state, any land, building, or other property, real or personal,
1158 which was acquired under the provisions of subsection (1) and
1159 which the department has determined is not needed for the
1160 construction, operation, and maintenance of a transportation
1161 facility. With the exception of any parcel governed by paragraph
1162 (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
1163 (i), the department shall afford first right of refusal to the
1164 local government in the jurisdiction of which the parcel is
1165 situated. When such a determination has been made, property may
1166 be disposed of through negotiations, sealed competitive bids,
1167 auctions, or any other means the department deems to be in its
1168 best interest, with due advertisement for property valued by the
1169 department at greater than $10,000. A sale may not occur at a
1170 price less than the department’s current estimate of value,
1171 except as provided in paragraphs (a)-(d). The department may
1172 afford a right of first refusal to the local government or other
1173 political subdivision in the jurisdiction in which the parcel is
1174 situated, except in conveyances transacted under paragraph (a),
1175 paragraph (c), or paragraph (e). in the following manner:
1176 (a) If the value of the property has been donated to the
1177 state for transportation purposes and a facility has not been
1178 constructed for a period of at least 5 years, plans have not
1179 been prepared for the construction of such facility, and the
1180 property is not located in a transportation corridor, the
1181 governmental entity may authorize reconveyance of the donated
1182 property for no consideration to the original donor or the
1183 donor’s heirs, successors, assigns, or representatives is
1184 $10,000 or less as determined by department estimate, the
1185 department may negotiate the sale.
1186 (b) If the value of the property is to be used for a public
1187 purpose, the property may be conveyed without consideration to a
1188 governmental entity exceeds $10,000 as determined by department
1189 estimate, such property may be sold to the highest bidder
1190 through receipt of sealed competitive bids, after due
1191 advertisement, or by public auction held at the site of the
1192 improvement which is being sold.
1193 (c) If the property was originally acquired specifically to
1194 provide replacement housing for persons displaced by
1195 transportation projects, the department may negotiate for the
1196 sale of such property as replacement housing. As compensation,
1197 the state shall receive no less than its investment in such
1198 property or the department’s current estimate of value,
1199 whichever is lower. It is expressly intended that this benefit
1200 be extended only to persons actually displaced by the project.
1201 Dispositions to any other person must be for no less than the
1202 department’s current estimate of value, in the discretion of the
1203 department, public sale would be inequitable, properties may be
1204 sold by negotiation to the owner holding title to the property
1205 abutting the property to be sold, provided such sale is at a
1206 negotiated price not less than fair market value as determined
1207 by an independent appraisal, the cost of which shall be paid by
1208 the owner of the abutting land. If negotiations do not result in
1209 the sale of the property to the owner of the abutting land and
1210 the property is sold to someone else, the cost of the
1211 independent appraisal shall be borne by the purchaser; and the
1212 owner of the abutting land shall have the cost of the appraisal
1213 refunded to him or her. If, however, no purchase takes place,
1214 the owner of the abutting land shall forfeit the sum paid by him
1215 or her for the independent appraisal. If, due to action of the
1216 department, the property is removed from eligibility for sale,
1217 the cost of any appraisal prepared shall be refunded to the
1218 owner of the abutting land.
1219 (d) If the department determines that the property will
1220 require significant costs to be incurred or that continued
1221 ownership of the property exposes the department to significant
1222 liability risks, the department may use the projected
1223 maintenance costs over the next 10 years to offset the
1224 property’s value in establishing a value for disposal of the
1225 property, even if that value is zero property acquired for use
1226 as a borrow pit is no longer needed, the department may sell
1227 such property to the owner of the parcel of abutting land from
1228 which the borrow pit was originally acquired, provided the sale
1229 is at a negotiated price not less than fair market value as
1230 determined by an independent appraisal, the cost of which shall
1231 be paid by the owner of such abutting land.
1232 (e) If, in the discretion of the department, a sale to
1233 anyone other than an abutting property owner would be
1234 inequitable, the property may be sold to the abutting owner for
1235 the department’s current estimate of value. the department
1236 begins the process for disposing of the property on its own
1237 initiative, either by negotiation under the provisions of
1238 paragraph (a), paragraph (c), paragraph (d), or paragraph (i),
1239 or by receipt of sealed competitive bids or public auction under
1240 the provisions of paragraph (b) or paragraph (i), a department
1241 staff appraiser may determine the fair market value of the
1242 property by an appraisal.
1243 (f) Any property which was acquired by a county or by the
1244 department using constitutional gas tax funds for the purpose of
1245 a right-of-way or borrow pit for a road on the State Highway
1246 System, State Park Road System, or county road system and which
1247 is no longer used or needed by the department may be conveyed
1248 without consideration to that county. The county may then sell
1249 such surplus property upon receipt of competitive bids in the
1250 same manner prescribed in this section.
1251 (g) If a property has been donated to the state for
1252 transportation purposes and the facility has not been
1253 constructed for a period of at least 5 years and no plans have
1254 been prepared for the construction of such facility and the
1255 property is not located in a transportation corridor, the
1256 governmental entity may authorize reconveyance of the donated
1257 property for no consideration to the original donor or the
1258 donor’s heirs, successors, assigns, or representatives.
1259 (h) If property is to be used for a public purpose, the
1260 property may be conveyed without consideration to a governmental
1261 entity.
1262 (i) If property was originally acquired specifically to
1263 provide replacement housing for persons displaced by
1264 transportation projects, the department may negotiate for the
1265 sale of such property as replacement housing. As compensation,
1266 the state shall receive no less than its investment in such
1267 properties or fair market value, whichever is lower. It is
1268 expressly intended that this benefit be extended only to those
1269 persons actually displaced by such project. Dispositions to any
1270 other persons must be for fair market value.
1271 (j) If the department determines that the property will
1272 require significant costs to be incurred or that continued
1273 ownership of the property exposes the department to significant
1274 liability risks, the department may use the projected
1275 maintenance costs over the next 5 years to offset the market
1276 value in establishing a value for disposal of the property, even
1277 if that value is zero.
1278 (5) The department may convey a leasehold interest for
1279 commercial or other purposes, in the name of the state, to any
1280 land, building, or other property, real or personal, which was
1281 acquired under the provisions of subsection (1). However, a
1282 lease may not be entered into at a price less than the
1283 department’s current estimate of value.
1284 (a) A lease may be through negotiations, sealed competitive
1285 bids, auctions, or any other means the department deems to be in
1286 its best interest The department may negotiate such a lease at
1287 the prevailing market value with the owner from whom the
1288 property was acquired; with the holders of leasehold estates
1289 existing at the time of the department’s acquisition; or, if
1290 public bidding would be inequitable, with the owner holding
1291 title to privately owned abutting property, if reasonable notice
1292 is provided to all other owners of abutting property. The
1293 department may allow an outdoor advertising sign to remain on
1294 the property acquired, or be relocated on department property,
1295 and such sign shall not be considered a nonconforming sign
1296 pursuant to chapter 479.
1297 (b) If, in the discretion of the department, a lease to a
1298 person other than an abutting property owner or tenant with a
1299 leasehold interest in the abutting property would be
1300 inequitable, the property may be leased to the abutting owner or
1301 tenant for no less than the department’s current estimate of
1302 value All other leases shall be by competitive bid.
1303 (c) No lease signed pursuant to paragraph (a) or paragraph
1304 (b) shall be for a period of more than 5 years; however, the
1305 department may renegotiate or extend such a lease for an
1306 additional term of 5 years as the department deems appropriate
1307 without rebidding.
1308 (d) Each lease shall provide that, unless otherwise
1309 directed by the lessor, any improvements made to the property
1310 during the term of the lease shall be removed at the lessee’s
1311 expense.
1312 (e) If property is to be used for a public purpose,
1313 including a fair, art show, or other educational, cultural, or
1314 fundraising activity, the property may be leased without
1315 consideration to a governmental entity or school board. A lease
1316 for a public purpose is exempt from the term limits in paragraph
1317 (c).
1318 (f) Paragraphs (c) and (e) (d) do not apply to leases
1319 entered into pursuant to s. 260.0161(3), except as provided in
1320 such a lease.
1321 (g) No lease executed under this subsection may be utilized
1322 by the lessee to establish the 4 years’ standing required by s.
1323 73.071(3)(b) if the business had not been established for the
1324 specified number of 4 years on the date title passed to the
1325 department.
1326 (h) The department may enter into a long-term lease without
1327 compensation with a public port listed in s. 403.021(9)(b) for
1328 rail corridors used for the operation of a short-line railroad
1329 to the port.
1330 (6) Nothing in this chapter prevents the joint use of
1331 right-of-way for alternative modes of transportation; provided
1332 that the joint use does not impair the integrity and safety of
1333 the transportation facility.
1334 (7) The department’s estimate of value, required by
1335 subsections (4) and (5), shall be prepared in accordance with
1336 department procedures, guidelines, and rules for valuation of
1337 real property. If the value of the property exceeds $50,000, as
1338 determined by the department estimate, the sale or lease must be
1339 at a negotiated price not less than the estimate of value as
1340 determined by an appraisal prepared in accordance with
1341 department procedures, guidelines, and rules for valuation of
1342 real property, the cost of which shall be paid by the party
1343 seeking the purchase or lease of the property appraisal required
1344 by paragraphs (4)(c) and (d) shall be prepared in accordance
1345 with department guidelines and rules by an independent appraiser
1346 who has been certified by the department. If federal funds were
1347 used in the acquisition of the property, the appraisal shall
1348 also be subject to the approval of the Federal Highway
1349 Administration.
1350 (8) A “due advertisement” under this section is an
1351 advertisement in a newspaper of general circulation in the area
1352 of the improvements of not less than 14 calendar days prior to
1353 the date of the receipt of bids or the date on which a public
1354 auction is to be held.
1355 (9) The department, with the approval of the Chief
1356 Financial Officer, is authorized to disburse state funds for
1357 real estate closings in a manner consistent with good business
1358 practices and in a manner minimizing costs and risks to the
1359 state.
1360 (10) The department is authorized to purchase title
1361 insurance in those instances where it is determined that such
1362 insurance is necessary to protect the public’s investment in
1363 property being acquired for transportation purposes. The
1364 department shall adopt procedures to be followed in making the
1365 determination to purchase title insurance for a particular
1366 parcel or group of parcels which, at a minimum, shall set forth
1367 criteria which the parcels must meet.
1368 (11) This section does not modify the requirements of s.
1369 73.013.
1370 Section 18. Subsection (2) of section 337.251, Florida
1371 Statutes, is amended to read:
1372 337.251 Lease of property for joint public-private
1373 development and areas above or below department property.—
1374 (2) The department may request proposals for the lease of
1375 such property or, if the department receives a proposal for to
1376 negotiate a lease of a particular department property that the
1377 department desires to consider, the department must it shall
1378 publish a notice in a newspaper of general circulation at least
1379 once a week for 2 weeks, stating that it has received the
1380 proposal and will accept, for 120 60 days after the date of
1381 publication, other proposals for lease of the particular
1382 property use of the space. A copy of the notice must be mailed
1383 to each local government in the affected area. The department
1384 shall, by rule, establish an application fee for the submission
1385 of proposals pursuant to this section. The fee must be
1386 sufficient to pay the anticipated costs of evaluating the
1387 proposals. The department may engage the services of private
1388 consultants to assist in the evaluation. Before approval, the
1389 department must determine that the proposed lease:
1390 (a) Is in the public’s best interest;
1391 (b) Does not require state funds to be used; and
1392 (c) Has adequate safeguards in place to ensure that no
1393 additional costs are borne and no service disruptions are
1394 experienced by the traveling public and residents of the state
1395 in the event of default by the private lessee or upon
1396 termination or expiration of the lease.
1397 Section 19. Subsection (5) of section 338.161, Florida
1398 Statutes, is amended to read:
1399 338.161 Authority of department or toll agencies to
1400 advertise and promote electronic toll collection; expanded uses
1401 of electronic toll collection system; authority of department to
1402 collect tolls, fares, and fees for private and public entities.—
1403 (5) If the department finds that it can increase nontoll
1404 revenues or add convenience or other value for its customers,
1405 and if a public or private transportation facility owner agrees
1406 that its facility will become interoperable with the
1407 department’s electronic toll collection and video billing
1408 systems, the department may is authorized to enter into an
1409 agreement with the owner of such facility under which the
1410 department uses private or public entities for the department’s
1411 use of its electronic toll collection and video billing systems
1412 to collect and enforce for the owner tolls, fares,
1413 administrative fees, and other applicable charges due imposed in
1414 connection with use of the owner’s facility transportation
1415 facilities of the private or public entities that become
1416 interoperable with the department’s electronic toll collection
1417 system. The department may modify its rules regarding toll
1418 collection procedures and the imposition of administrative
1419 charges to be applicable to toll facilities that are not part of
1420 the turnpike system or otherwise owned by the department. This
1421 subsection may not be construed to limit the authority of the
1422 department under any other provision of law or under any
1423 agreement entered into before prior to July 1, 2012.
1424 Section 20. Subsection (4) of section 338.165, Florida
1425 Statutes, is amended to read:
1426 338.165 Continuation of tolls.—
1427 (4) Notwithstanding any other law to the contrary, pursuant
1428 to s. 11, Art. VII of the State Constitution, and subject to the
1429 requirements of subsection (2), the Department of Transportation
1430 may request the Division of Bond Finance to issue bonds secured
1431 by toll revenues collected on the Alligator Alley, the Sunshine
1432 Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
1433 and the Pinellas Bayway to fund transportation projects located
1434 within the county or counties in which the revenue-producing
1435 project is located and contained in the adopted work program of
1436 the department.
1437 Section 21. Subsections (3) and (4) of section 338.26,
1438 Florida Statutes, are amended to read:
1439 338.26 Alligator Alley toll road.—
1440 (3) Fees generated from tolls shall be deposited in the
1441 State Transportation Trust Fund, and any amount of funds
1442 generated annually in excess of that required to reimburse
1443 outstanding contractual obligations, to operate and maintain the
1444 highway and toll facilities, including reconstruction and
1445 restoration, to pay for those projects that are funded with
1446 Alligator Alley toll revenues and that are contained in the
1447 1993-1994 adopted work program or the 1994-1995 tentative work
1448 program submitted to the Legislature on February 22, 1994, and
1449 to design and construct develop and operate a fire station at
1450 mile marker 63 on Alligator Alley, which may be used by Collier
1451 County or other appropriate local governmental entity to provide
1452 fire, rescue, and emergency management services to the adjacent
1453 counties along Alligator Alley, may be transferred to the
1454 Everglades Fund of the South Florida Water Management District
1455 in accordance with the memorandum of understanding of June 30,
1456 1997, between the district and the department. The South Florida
1457 Water Management District shall deposit funds for projects
1458 undertaken pursuant to s. 373.4592 in the Everglades Trust Fund
1459 pursuant to s. 373.45926(4)(a). Any funds remaining in the
1460 Everglades Fund may be used for environmental projects to
1461 restore the natural values of the Everglades, subject to
1462 compliance with any applicable federal laws and regulations.
1463 Projects must shall be limited to:
1464 (a) Highway redesign to allow for improved sheet flow of
1465 water across the southern Everglades.
1466 (b) Water conveyance projects to enable more water
1467 resources to reach Florida Bay to replenish marine estuary
1468 functions.
1469 (c) Engineering design plans for wastewater treatment
1470 facilities as recommended in the Water Quality Protection
1471 Program Document for the Florida Keys National Marine Sanctuary.
1472 (d) Acquisition of lands to move STA 3/4 out of the Toe of
1473 the Boot, provided such lands are located within 1 mile of the
1474 northern border of STA 3/4.
1475 (e) Other Everglades Construction Projects as described in
1476 the February 15, 1994, conceptual design document.
1477 (4) The district may issue revenue bonds or notes under s.
1478 373.584 and pledge the revenue from the transfers from the
1479 Alligator Alley toll revenues as security for such bonds or
1480 notes. The proceeds from such revenue bonds or notes shall be
1481 used for environmental projects; at least 50 percent of said
1482 proceeds must be used for projects that benefit Florida Bay, as
1483 described in this section subject to resolutions approving such
1484 activity by the Board of Trustees of the Internal Improvement
1485 Trust Fund and the governing board of the South Florida Water
1486 Management District and the remaining proceeds must be used for
1487 restoration activities in the Everglades Protection Area.
1488 Section 22. Subsections (2) through (4) of section 339.175,
1489 Florida Statutes, are amended to read:
1490 339.175 Metropolitan planning organization.—
1491 (2) DESIGNATION.—
1492 (a)1. An M.P.O. shall be designated for each urbanized area
1493 of the state; however, this does not require that an individual
1494 M.P.O. be designated for each such area. The M.P.O. Such
1495 designation shall be accomplished by agreement between the
1496 Governor and units of general-purpose local government that
1497 together represent representing at least 75 percent of the
1498 population, including the largest incorporated municipality,
1499 based on population, of the urbanized area; however, the unit of
1500 general-purpose local government that represents the central
1501 city or cities within the M.P.O. jurisdiction, as named defined
1502 by the United States Bureau of the Census, must be a party to
1503 such agreement.
1504 2. To the extent possible, only one M.P.O. shall be
1505 designated for each urbanized area or group of contiguous
1506 urbanized areas. More than one M.P.O. may be designated within
1507 an existing urbanized area only if the Governor and the existing
1508 M.P.O. determine that the size and complexity of the existing
1509 urbanized area makes the designation of more than one M.P.O. for
1510 the area appropriate.
1511 (b) Each M.P.O. designated in a manner prescribed by Title
1512 23 of the United States Code shall be created and operated under
1513 the provisions of this section pursuant to an interlocal
1514 agreement entered into pursuant to s. 163.01. The signatories to
1515 the interlocal agreement shall be the department and the
1516 governmental entities designated by the Governor for membership
1517 on the M.P.O. Each M.P.O. shall be considered separate from the
1518 state or the governing body of a local government that is
1519 represented on the governing board of the M.P.O. or that is a
1520 signatory to the interlocal agreement creating the M.P.O. and
1521 shall have such powers and privileges that are provided under s.
1522 163.01. If there is a conflict between this section and s.
1523 163.01, this section prevails.
1524 (c) The jurisdictional boundaries of an M.P.O. shall be
1525 determined by agreement between the Governor and the applicable
1526 M.P.O. The boundaries must include at least the metropolitan
1527 planning area, which is the existing urbanized area and the
1528 contiguous area expected to become urbanized within a 20-year
1529 forecast period, and may encompass the entire metropolitan
1530 statistical area or the consolidated metropolitan statistical
1531 area.
1532 (d) In the case of an urbanized area designated as a
1533 nonattainment area for ozone or carbon monoxide under the Clean
1534 Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
1535 metropolitan planning area in existence as of the date of
1536 enactment of this paragraph shall be retained, except that the
1537 boundaries may be adjusted by agreement of the Governor and
1538 affected metropolitan planning organizations in the manner
1539 described in this section. If more than one M.P.O. has authority
1540 within a metropolitan area or an area that is designated as a
1541 nonattainment area, each M.P.O. shall consult with other
1542 M.P.O.’s designated for such area and with the state in the
1543 coordination of plans and programs required by this section.
1544 (e) The governing body of the M.P.O. shall designate, at a
1545 minimum, a chair, vice chair, and agency clerk. The chair and
1546 vice chair shall be selected from among the member delegates
1547 comprising the governing board. The agency clerk shall be
1548 charged with the responsibility of preparing meeting minutes and
1549 maintaining agency records. The clerk shall be a member of the
1550 M.P.O. governing board, an employee of the M.P.O., or other
1551 natural person.
1552
1553 Each M.P.O. required under this section must be fully operative
1554 no later than 6 months following its designation.
1555 (3) VOTING MEMBERSHIP.—
1556 (a) The voting membership of an M.P.O. shall consist of not
1557 fewer than 5 or more than 19 apportioned members, the exact
1558 number to be determined on an equitable geographic-population
1559 ratio basis by the Governor, based on an agreement among the
1560 affected units of general-purpose local government and the
1561 Governor as required by federal rules and regulations. The
1562 voting membership of an M.P.O. that is redesignated after the
1563 effective date of this act as a result of the expansion of the
1564 M.P.O. to include a new urbanized area or the consolidation of
1565 two or more M.P.O.’s may consist of no more than 25 members. The
1566 Governor, in accordance with 23 U.S.C. s. 134, may also provide
1567 for M.P.O. members who represent municipalities to alternate
1568 with representatives from other municipalities within the
1569 metropolitan planning area that do not have members on the
1570 M.P.O. County commission members shall compose not less than
1571 one-third of the M.P.O. membership, except for an M.P.O. with
1572 more than 15 members located in a county with a 5-member county
1573 commission or an M.P.O. with 19 members located in a county with
1574 no more than 6 county commissioners, in which case county
1575 commission members may compose less than one-third percent of
1576 the M.P.O. membership, but all county commissioners must be
1577 members. All voting members shall be elected officials of
1578 general-purpose local governments, except that an M.P.O. may
1579 include, as part of its apportioned voting members, a member of
1580 a statutorily authorized planning board, an official of an
1581 agency that operates or administers a major mode of
1582 transportation, or an official of Space Florida. As used in this
1583 section, the term “elected officials of a general-purpose local
1584 government” excludes shall exclude constitutional officers,
1585 including sheriffs, tax collectors, supervisors of elections,
1586 property appraisers, clerks of the court, and similar types of
1587 officials. County commissioners shall compose not less than 20
1588 percent of the M.P.O. membership if an official of an agency
1589 that operates or administers a major mode of transportation has
1590 been appointed to an M.P.O.
1591 (b) In metropolitan areas in which authorities or other
1592 agencies have been or may be created by law to perform
1593 transportation functions and are performing transportation
1594 functions that are not under the jurisdiction of a general
1595 purpose local government represented on the M.P.O., they may
1596 shall be provided voting membership on the M.P.O. In all other
1597 M.P.O.’s where transportation authorities or agencies are to be
1598 represented by elected officials from general-purpose local
1599 governments, the M.P.O. shall establish a process by which the
1600 collective interests of such authorities or other agencies are
1601 expressed and conveyed.
1602 (c) Any other provision of this section to the contrary
1603 notwithstanding, a chartered county with a population of more
1604 than over 1 million population may elect to reapportion the
1605 membership of an M.P.O. whose jurisdiction is wholly within the
1606 county. The charter county may exercise the provisions of this
1607 paragraph if:
1608 1. The M.P.O. approves the reapportionment plan by a three
1609 fourths vote of its membership;
1610 2. The M.P.O. and the charter county determine that the
1611 reapportionment plan is needed to fulfill specific goals and
1612 policies applicable to that metropolitan planning area; and
1613 3. The charter county determines the reapportionment plan
1614 otherwise complies with all federal requirements pertaining to
1615 M.P.O. membership.
1616
1617 A Any charter county that elects to exercise the provisions of
1618 this paragraph shall notify the Governor in writing.
1619 (d) Any other provision of this section to the contrary
1620 notwithstanding, a any county chartered under s. 6(e), Art. VIII
1621 of the State Constitution may elect to have its county
1622 commission serve as the M.P.O., if the M.P.O. jurisdiction is
1623 wholly contained within the county. A Any charter county that
1624 elects to exercise the provisions of this paragraph shall so
1625 notify the Governor in writing. Upon receipt of the such
1626 notification, the Governor must designate the county commission
1627 as the M.P.O. The Governor must appoint four additional voting
1628 members to the M.P.O., one of whom must be an elected official
1629 representing a municipality within the county, one of whom must
1630 be an expressway authority member, one of whom must be a person
1631 who does not hold elected public office and who resides in the
1632 unincorporated portion of the county, and one of whom must be a
1633 school board member.
1634 (4) APPORTIONMENT.—
1635 (a) Each M.P.O. in the state shall review the composition
1636 of its membership in conjunction with the decennial census, as
1637 prepared by the United States Department of Commerce, Bureau of
1638 the Census, and, with the agreement of the affected units of
1639 general-purpose local government and the Governor, reapportion
1640 the membership as necessary to comply with subsection (3) The
1641 Governor shall, with the agreement of the affected units of
1642 general-purpose local government as required by federal rules
1643 and regulations, apportion the membership on the applicable
1644 M.P.O. among the various governmental entities within the area.
1645 (b) At the request of a majority of the affected units of
1646 general-purpose local government comprising an M.P.O., the
1647 Governor and a majority of units of general-purpose local
1648 government serving on an M.P.O. shall cooperatively agree upon
1649 and prescribe who may serve as an alternate member and a method
1650 for appointing alternate members who may vote at any M.P.O.
1651 meeting that an alternate member attends in place of a regular
1652 member. The method must shall be set forth as a part of the
1653 interlocal agreement describing the M.P.O.’s membership or in
1654 the M.P.O.’s operating procedures and bylaws. The governmental
1655 entity so designated shall appoint the appropriate number of
1656 members to the M.P.O. from eligible officials. Representatives
1657 of the department shall serve as nonvoting advisers to the
1658 M.P.O. governing board. Additional nonvoting advisers may be
1659 appointed by the M.P.O. as deemed necessary; however, to the
1660 maximum extent feasible, each M.P.O. shall seek to appoint
1661 nonvoting representatives of various multimodal forms of
1662 transportation not otherwise represented by voting members of
1663 the M.P.O. An M.P.O. shall appoint nonvoting advisers
1664 representing major military installations located within the
1665 jurisdictional boundaries of the M.P.O. upon the request of the
1666 aforesaid major military installations and subject to the
1667 agreement of the M.P.O. All nonvoting advisers may attend and
1668 participate fully in governing board meetings but may not vote
1669 or be members of the governing board. The Governor shall review
1670 the composition of the M.P.O. membership in conjunction with the
1671 decennial census as prepared by the United States Department of
1672 Commerce, Bureau of the Census, and reapportion it as necessary
1673 to comply with subsection (3).
1674 (c)(b) Except for members who represent municipalities on
1675 the basis of alternating with representatives from other
1676 municipalities that do not have members on the M.P.O. as
1677 provided in paragraph (3)(a), the members of an M.P.O. shall
1678 serve 4-year terms. Members who represent municipalities on the
1679 basis of alternating with representatives from other
1680 municipalities that do not have members on the M.P.O. as
1681 provided in paragraph (3)(a) may serve terms of up to 4 years as
1682 further provided in the interlocal agreement described in
1683 paragraph (2)(b). The membership of a member who is a public
1684 official automatically terminates upon the member’s leaving his
1685 or her elective or appointive office for any reason, or may be
1686 terminated by a majority vote of the total membership of the
1687 entity’s governing board represented by the member. A vacancy
1688 shall be filled by the original appointing entity. A member may
1689 be reappointed for one or more additional 4-year terms.
1690 (d)(c) If a governmental entity fails to fill an assigned
1691 appointment to an M.P.O. within 60 days after notification by
1692 the Governor of its duty to appoint, that appointment must shall
1693 be made by the Governor from the eligible representatives of
1694 that governmental entity.
1695 Section 23. Paragraph (a) of subsection (1) and subsections
1696 (4) and (5) of section 339.2821, Florida Statutes, are amended
1697 to read:
1698 339.2821 Economic development transportation projects.—
1699 (1)(a) The department, in consultation with the Department
1700 of Economic Opportunity and Enterprise Florida, Inc., may make
1701 and approve expenditures and contract with the appropriate
1702 governmental body for the direct costs of transportation
1703 projects. The Department of Economic Opportunity and the
1704 Department of Environmental Protection may formally review and
1705 comment on recommended transportation projects, although the
1706 department has final approval authority for any project
1707 authorized under this section.
1708 (4) A contract between the department and a governmental
1709 body for a transportation project must:
1710 (a) Specify that the transportation project is for the
1711 construction of a new or expanding business and specify the
1712 number of full-time permanent jobs that will result from the
1713 project.
1714 (b) Identify the governmental body and require that the
1715 governmental body award the construction of the particular
1716 transportation project to the lowest and best bidder in
1717 accordance with applicable state and federal statutes or rules
1718 unless the transportation project can be constructed using
1719 existing local governmental employees within the contract period
1720 specified by the department.
1721 (c) Require that the governmental body provide the
1722 department with quarterly progress reports. Each quarterly
1723 progress report must contain:
1724 1. A narrative description of the work completed and
1725 whether the work is proceeding according to the transportation
1726 project schedule;
1727 2. A description of each change order executed by the
1728 governmental body;
1729 3. A budget summary detailing planned expenditures compared
1730 to actual expenditures; and
1731 4. The identity of each small or minority business used as
1732 a contractor or subcontractor.
1733 (d) Require that the governmental body make and maintain
1734 records in accordance with accepted governmental accounting
1735 principles and practices for each progress payment made for work
1736 performed in connection with the transportation project, each
1737 change order executed by the governmental body, and each payment
1738 made pursuant to a change order. The records are subject to
1739 financial audit as required by law.
1740 (e) Require that the governmental body, upon completion and
1741 acceptance of the transportation project, certify to the
1742 department that the transportation project has been completed in
1743 compliance with the terms and conditions of the contract between
1744 the department and the governmental body and meets the minimum
1745 construction standards established in accordance with s.
1746 336.045.
1747 (f) Specify that the department transfer funds will not be
1748 transferred to the governmental body unless construction has
1749 begun on the facility of the not more often than quarterly, upon
1750 receipt of a request for funds from the governmental body and
1751 consistent with the needs of the transportation project. The
1752 governmental body shall expend funds received from the
1753 department in a timely manner. The department may not transfer
1754 funds unless construction has begun on the facility of a
1755 business on whose behalf the award was made. If construction of
1756 the transportation project does not begin within 4 years after
1757 the date of the initial grant award, the grant award is
1758 terminated A contract totaling less than $200,000 is exempt from
1759 the transfer requirement.
1760 (g) Require that funds be used only on a transportation
1761 project that has been properly reviewed and approved in
1762 accordance with the criteria set forth in this section.
1763 (h) Require that the governing board of the governmental
1764 body adopt a resolution accepting future maintenance and other
1765 attendant costs occurring after completion of the transportation
1766 project if the transportation project is constructed on a county
1767 or municipal system.
1768 (5) For purposes of this section, Space Florida may serve
1769 as the governmental body or as the contracting agency for a
1770 transportation project within a spaceport territory as defined
1771 by s. 331.304.
1772 Section 24. Section 339.401, Florida Statutes, is repealed.
1773 Section 25. Section 339.402, Florida Statutes, is repealed.
1774 Section 26. Section 339.403, Florida Statutes, is repealed.
1775 Section 27. Section 339.404, Florida Statutes, is repealed.
1776 Section 28. Section 339.405, Florida Statutes, is repealed.
1777 Section 29. Section 339.406, Florida Statutes, is repealed.
1778 Section 30. Section 339.407, Florida Statutes, is repealed.
1779 Section 31. Section 339.408, Florida Statutes, is repealed.
1780 Section 32. Section 339.409, Florida Statutes, is repealed.
1781 Section 33. Section 339.410, Florida Statutes, is repealed.
1782 Section 34. Section 339.411, Florida Statutes, is repealed.
1783 Section 35. Section 339.412, Florida Statutes, is repealed.
1784 Section 36. Section 339.414, Florida Statutes, is repealed.
1785 Section 37. Section 339.415, Florida Statutes, is repealed.
1786 Section 38. Section 339.416, Florida Statutes, is repealed.
1787 Section 39. Section 339.417, Florida Statutes, is repealed.
1788 Section 40. Section 339.418, Florida Statutes, is repealed.
1789 Section 41. Section 339.419, Florida Statutes, is repealed.
1790 Section 42. Section 339.420, Florida Statutes, is repealed.
1791 Section 43. Section 339.421, Florida Statutes, is repealed.
1792 Section 44. Paragraphs (a) and (c) of subsection (2) and
1793 paragraph (i) of subsection (7) of section 339.55, Florida
1794 Statutes, are amended to read:
1795 339.55 State-funded infrastructure bank.—
1796 (2) The bank may lend capital costs or provide credit
1797 enhancements for:
1798 (a) A transportation facility project that is on the State
1799 Highway System or that provides for increased mobility on the
1800 state’s transportation system or provides intermodal
1801 connectivity with airports, seaports, spaceports, rail
1802 facilities, and other transportation terminals, pursuant to s.
1803 341.053, for the movement of people and goods.
1804 (c)1. Emergency loans for damages incurred to public-use
1805 commercial deepwater seaports, public-use airports, public-use
1806 spaceports, and other public-use transit and intermodal
1807 facilities that are within an area that is part of an official
1808 state declaration of emergency pursuant to chapter 252 and all
1809 other applicable laws. Such loans:
1810 a. May not exceed 24 months in duration except in extreme
1811 circumstances, for which the Secretary of Transportation may
1812 grant up to 36 months upon making written findings specifying
1813 the conditions requiring a 36-month term.
1814 b. Require application from the recipient to the department
1815 that includes documentation of damage claims filed with the
1816 Federal Emergency Management Agency or an applicable insurance
1817 carrier and documentation of the recipient’s overall financial
1818 condition.
1819 c. Are subject to approval by the Secretary of
1820 Transportation and the Legislative Budget Commission.
1821 2. Loans provided under this paragraph must be repaid upon
1822 receipt by the recipient of eligible program funding for damages
1823 in accordance with the claims filed with the Federal Emergency
1824 Management Agency or an applicable insurance carrier, but no
1825 later than the duration of the loan.
1826 (7) The department may consider, but is not limited to, the
1827 following criteria for evaluation of projects for assistance
1828 from the bank:
1829 (i) The extent to which the project will provide for
1830 connectivity between the State Highway System and airports,
1831 seaports, spaceports, rail facilities, and other transportation
1832 terminals and intermodal options pursuant to s. 341.053 for the
1833 increased accessibility and movement of people and goods.
1834 Section 45. Subsection (11) of section 341.031, Florida
1835 Statutes, is amended to read:
1836 341.031 Definitions relating to Florida Public Transit
1837 Act.—As used in ss. 341.011-341.061, the term:
1838 (11) “Intercity bus service” means regularly scheduled bus
1839 service for the general public which operates with limited stops
1840 over fixed routes connecting two or more urban areas not in
1841 close proximity; has the capacity for transporting baggage
1842 carried by passengers; and makes meaningful connections with
1843 scheduled intercity bus service to more distant points, if such
1844 service is available; maintains scheduled information in the
1845 National Official Bus Guide; and provides package express
1846 service incidental to passenger transportation.
1847 Section 46. Section 341.053, Florida Statutes, is amended
1848 to read:
1849 341.053 Intermodal Development Program; administration;
1850 eligible projects; limitations.—
1851 (1) There is created within the Department of
1852 Transportation an Intermodal Development Program to provide for
1853 major capital investments in fixed-guideway transportation
1854 systems, access to seaports, airports, spaceports, and other
1855 transportation terminals, providing for the construction of
1856 intermodal or multimodal terminals; and to plan or fund
1857 construction of airport, spaceport, seaport, transit, and rail
1858 projects that otherwise facilitate the intermodal or multimodal
1859 movement of people and goods.
1860 (2) The Intermodal Development Program shall be used for
1861 projects that support statewide goals as outlined in the Florida
1862 Transportation Plan, the Strategic Intermodal System Plan, the
1863 Freight Mobility and Trade Plan, or the appropriate department
1864 modal plan In recognition of the department’s role in the
1865 economic development of this state, the department shall develop
1866 a proposed intermodal development plan to connect Florida’s
1867 airports, deepwater seaports, rail systems serving both
1868 passenger and freight, and major intermodal connectors to the
1869 Strategic Intermodal System highway corridors as the primary
1870 system for the movement of people and freight in this state in
1871 order to make the intermodal development plan a fully integrated
1872 and interconnected system. The intermodal development plan must:
1873 (a) Define and assess the state’s freight intermodal
1874 network, including airports, seaports, rail lines and terminals,
1875 intercity bus lines and terminals, and connecting highways.
1876 (b) Prioritize statewide infrastructure investments,
1877 including the acceleration of current projects, which are found
1878 by the Freight Stakeholders Task Force to be priority projects
1879 for the efficient movement of people and freight.
1880 (c) Be developed in a manner that will assure maximum use
1881 of existing facilities and optimum integration and coordination
1882 of the various modes of transportation, including both
1883 government-owned and privately owned resources, in the most
1884 cost-effective manner possible.
1885 (3) The Intermodal Development Program shall be
1886 administered by the department.
1887 (4) The department shall review funding requests from a
1888 rail authority created pursuant to chapter 343. The department
1889 may include projects of the authorities, including planning and
1890 design, in the tentative work program.
1891 (5) No single transportation authority operating a fixed
1892 guideway transportation system, or single fixed-guideway
1893 transportation system not administered by a transportation
1894 authority, receiving funds under the Intermodal Development
1895 Program shall receive more than 33 1/3 percent of the total
1896 intermodal development funds appropriated between July 1, 1990,
1897 and June 30, 2015. In determining the distribution of funds
1898 under the Intermodal Development Program in any fiscal year, the
1899 department shall assume that future appropriation levels will be
1900 equal to the current appropriation level.
1901 (6) The department may is authorized to fund projects
1902 within the Intermodal Development Program, which are consistent,
1903 to the maximum extent feasible, with approved local government
1904 comprehensive plans of the units of local government in which
1905 the project is located. Projects that are eligible for funding
1906 under this program include planning studies, major capital
1907 investments in public rail and fixed-guideway transportation or
1908 freight facilities and systems which provide intermodal access;
1909 road, rail, intercity bus service, or fixed-guideway access to,
1910 from, or between seaports, airports, spaceports, intermodal
1911 logistics centers, and other transportation terminals;
1912 construction of intermodal or multimodal terminals, including
1913 projects on airports, spaceports, intermodal logistics centers,
1914 or seaports which assist in the movement or transfer of people
1915 or goods; development and construction of dedicated bus lanes;
1916 and projects which otherwise facilitate the intermodal or
1917 multimodal movement of people and goods.
1918 Section 47. Section 343.80, Florida Statutes, is amended to
1919 read:
1920 343.80 Short title.—This part may be cited as the
1921 “Northwest Florida Regional Transportation Finance Corridor
1922 Authority Law.”
1923 Section 48. Section 343.805, Florida Statutes, is amended
1924 to read:
1925 343.805 Definitions.—As used in this part, the term:
1926 (1) “Agency of the state” means the state and any
1927 department of, or corporation, agency, or instrumentality
1928 heretofore or hereafter created, designated, or established by,
1929 the state.
1930 (2) “Authority” means the body politic and corporate and
1931 agency of the state created by this part.
1932 (3) “Bonds” means the notes, bonds, refunding bonds, or
1933 other evidences of indebtedness or obligations, in either
1934 temporary or definitive form, which the authority is authorized
1935 to issue pursuant to this part.
1936 (4) “Department” means the Department of Transportation
1937 existing under chapters 334-339.
1938 (5) “Federal agency” means the United States, the President
1939 of the United States, and any department of, or corporation,
1940 agency, or instrumentality heretofore or hereafter created,
1941 designated, or established by, the United States.
1942 (6) “Limited access expressway” or “expressway” means a
1943 street or highway especially designed for through traffic and
1944 over, from, or to which a person does not have the right of
1945 easement, use, or access except in accordance with the rules
1946 adopted and established by the authority for the use of such
1947 facility. Such highway or street may be a parkway, from which
1948 trucks, buses, and other commercial vehicles are excluded, or it
1949 may be a freeway open to use by all customary forms of street
1950 and highway traffic.
1951 (7) “Members” means the governing body of the authority,
1952 and the term “member” means one of the individuals constituting
1953 such governing body.
1954 (8) “Northwest Florida Regional Transportation Finance
1955 Authority System” or “system” means any and all expressways and
1956 appurtenant facilities thereto owned by the Authority,
1957 including, but not limited to, all approaches, roads, bridges,
1958 and avenues of access for said expressway or expressways.
1959 (9)(8) “State Board of Administration” means the body
1960 corporate existing under the provisions of s. 9, Art. XII of the
1961 State Constitution, or any successor thereto.
1962 (9) “U.S. 98 corridor” means U.S. Highway 98 and any feeder
1963 roads, reliever roads, connector roads, bridges, and other
1964 transportation appurtenances, existing or constructed in the
1965 future, that support U.S. Highway 98 in Escambia, Santa Rosa,
1966 Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla Counties.
1967 (10) “U.S. 98 corridor system” means any and all
1968 expressways and appurtenant facilities, including, but not
1969 limited to, all approaches, roads, bridges, and avenues of
1970 access for the expressways that are either built by the
1971 authority or whose ownership is transferred to the authority by
1972 other governmental or private entities.
1973
1974 Terms importing singular number include the plural number in
1975 each case and vice versa, and terms importing persons include
1976 firms and corporations.
1977 Section 49. Section 343.81, Florida Statutes, is amended to
1978 read:
1979 343.81 Northwest Florida Regional Transportation Finance
1980 Corridor Authority.—
1981 (1) There is created and established a body politic and
1982 corporate, an agency of the state, to be known as the Northwest
1983 Florida Regional Transportation Finance Corridor Authority,
1984 hereinafter referred to as “the authority.”
1985 (2)(a) The governing body of the authority shall consist of
1986 five eight voting members, two from Okaloosa County and one each
1987 from Escambia, Santa Rosa, Walton, Okaloosa, Bay, and Gulf,
1988 Franklin, and Wakulla Counties, appointed by the Governor to a
1989 4-year term. The appointees shall be residents of their
1990 respective counties and may not hold an elected office. Upon the
1991 effective date of his or her appointment, or as soon thereafter
1992 as practicable, each appointed member of the authority shall
1993 enter upon his or her duties. Each appointed member shall hold
1994 office until his or her successor has been appointed and has
1995 qualified. A vacancy occurring during a term shall be filled
1996 only for the balance of the unexpired term. Any member of the
1997 authority shall be eligible for reappointment. Members of the
1998 authority may be removed from office by the Governor for
1999 misconduct, malfeasance, misfeasance, or nonfeasance in office.
2000 (b) The district secretary of the Department of
2001 Transportation serving Northwest Florida shall serve as an ex
2002 officio, nonvoting member.
2003 (3)(a) The authority shall elect one of its members as
2004 chair and shall also elect a secretary and a treasurer who may
2005 or may not be members of the authority. The chair, secretary,
2006 and treasurer shall hold such offices at the will of the
2007 authority.
2008 (b) Three Five members of the authority shall constitute a
2009 quorum, and the vote of at least three Five members shall be
2010 necessary for any action taken by the authority. A vacancy in
2011 the authority does not impair the right of a quorum of the
2012 authority to exercise all of the rights and perform all of the
2013 duties of the authority.
2014 (c) The authority shall meet at least quarterly but may
2015 meet more frequently upon the call of the chair. The authority
2016 should alternate the locations of its meetings among the seven
2017 counties.
2018 (4) Members of the authority shall serve without
2019 compensation but shall be entitled to receive from the authority
2020 their travel expenses and per diem incurred in connection with
2021 the business of the authority, as provided in s. 112.061.
2022 (5) The authority may employ an executive director, an
2023 executive secretary, its own counsel and legal staff, technical
2024 experts, engineers, and such employees, permanent or temporary,
2025 as it may require. The authority shall determine the
2026 qualifications and fix the compensation of such persons, firms,
2027 or corporations and may employ a fiscal agent or agents;
2028 however, the authority shall solicit sealed proposals from at
2029 least three persons, firms, or corporations for the performance
2030 of any services as fiscal agents. The authority may delegate to
2031 one or more of its agents or employees its power as it shall
2032 deem necessary to carry out the purposes of this part, subject
2033 always to the supervision and control of the authority.
2034 (6) The authority may establish technical advisory
2035 committees to provide guidance and advice on corridor-related
2036 issues. The authority shall establish the size, composition, and
2037 focus of any technical advisory committee created. A member
2038 appointed to a technical advisory committee shall serve without
2039 compensation but shall be entitled to per diem or travel
2040 expenses, as provided in s. 112.061.
2041 Section 50. Section 343.82, Florida Statutes, is amended to
2042 read:
2043 343.82 Purposes and powers.—
2044 (1) The authority created and established by the provisions
2045 of this part is hereby granted and shall have the right to
2046 acquire, hold, construct, improve, maintain, operate, own and
2047 lease in the capacity of lessor, the Northwest Florida Regional
2048 Transportation Finance Authority System The primary purpose of
2049 the authority is to improve mobility on the U.S. 98 corridor in
2050 Northwest Florida to enhance traveler safety, identify and
2051 develop hurricane evacuation routes, promote economic
2052 development along the corridor, and implement transportation
2053 projects to alleviate current or anticipated traffic congestion.
2054 (2)(a) The authority, in the construction of the Northwest
2055 Florida Regional Transportation Finance Authority System, is
2056 authorized to construct any feeder roads, reliever roads,
2057 connector roads, bypasses, or appurtenant facilities that are
2058 intended to improve mobility along the U.S. 98 corridor. The
2059 transportation improvement projects may also include all
2060 necessary approaches, roads, bridges, and avenues of access that
2061 are desirable and proper with the concurrence, where applicable,
2062 of the department if the project is to be part of the State
2063 Highway System or the respective county or municipal governing
2064 boards. Any transportation facilities constructed by the
2065 authority may be tolled.
2066 (b) Notwithstanding any special act to the contrary, the
2067 authority shall plan for and study the feasibility of
2068 constructing, operating, and maintaining a bridge or bridges
2069 spanning Choctawhatchee Bay or Santa Rosa Sound, or both, and
2070 access roads to such bridge or bridges, including studying the
2071 environmental and economic feasibility of such bridge or bridges
2072 and access roads, and such other transportation facilities that
2073 become part of such bridge system. The authority may construct,
2074 operate, and maintain the bridge system if the authority
2075 determines that the bridge system project is feasible and
2076 consistent with the authority’s primary purpose and master plan.
2077 (3)(a) The authority shall develop and adopt a corridor
2078 master plan no later than July 1, 2007. The goals and objectives
2079 of the master plan are to identify areas of the corridor where
2080 mobility, traffic safety, and efficient hurricane evacuation
2081 need to be improved; evaluate the economic development potential
2082 of the corridor and consider strategies to develop that
2083 potential; develop methods of building partnerships with local
2084 governments, other state and federal entities, the private
2085 sector business community, and the public in support of corridor
2086 improvements; and to identify projects that will accomplish
2087 these goals and objectives.
2088 (b) After its adoption, the master plan shall be updated
2089 annually before July 1 of each year.
2090 (c) The authority shall present the original master plan
2091 and updates to the governing bodies of the counties within the
2092 corridor and to the legislative delegation members representing
2093 those counties within 90 days after adoption.
2094 (d) The authority may undertake projects or other
2095 improvements in the master plan in phases as particular projects
2096 or segments thereof become feasible, as determined by the
2097 authority. In carrying out its purposes and powers, the
2098 authority may request funding and technical assistance from the
2099 department and appropriate federal and local agencies,
2100 including, but not limited to, state infrastructure bank loans,
2101 advances from the Toll Facilities Revolving Trust Fund, and from
2102 any other sources.
2103 (3)(4) The authority is granted and shall have and may
2104 exercise all powers necessary, appurtenant, convenient, or
2105 incidental to the carrying out of the aforesaid purposes,
2106 including, but not limited to, the following rights and powers:
2107 (a) To acquire, hold, construct, improve, maintain,
2108 operate, own, and lease in the capacity of lessor transportation
2109 facilities within the U.S. 98 corridor.
2110 (b) To borrow money and to make and issue negotiable notes,
2111 bonds, refunding bonds, and other evidences of indebtedness or
2112 obligations, either in temporary or definitive form, hereinafter
2113 in this chapter sometimes called “revenue bonds” of the
2114 authority, for the purpose of financing all or part of the
2115 Northwest Florida Regional Transportation Finance Authority
2116 System mobility improvements within the U.S. 98 corridor, as
2117 well as the appurtenant facilities, including all approaches,
2118 streets, roads, bridges, and avenues of access authorized by
2119 this part, the bonds to mature not exceeding 40 years after the
2120 date of the issuance thereof, and to secure the payment of such
2121 bonds or any part thereof by a pledge of any or all of its
2122 revenues, rates, fees, rentals, or other charges.
2123 (c) To fix, alter, charge, establish, and collect tolls,
2124 rates, fees, rentals, and other charges for the services and
2125 facilities of the Northwest Florida Regional Transportation
2126 Finance Authority Corridor System, which rates, fees, rentals,
2127 and other charges shall always be sufficient to comply with any
2128 covenants made with the holders of any bonds issued pursuant to
2129 this part; however, such right and power may be assigned or
2130 delegated by the authority to the department. The authority may
2131 not impose tolls or other charges on existing highways and other
2132 transportation facilities within the corridor.
2133 (d) To acquire by donation or otherwise, purchase, hold,
2134 lease as lessee, and use any franchise, property, real,
2135 personal, or mixed, tangible or intangible, or any options
2136 thereof in its own name or in conjunction with others, or
2137 interest therein, necessary or desirable for carrying out the
2138 purposes of the authority and to sell, lease as lessor,
2139 transfer, and dispose of any property or interest therein at any
2140 time acquired by the authority, which the authority and the
2141 department have determined is not needed for the construction,
2142 operation, and maintenance of the system it.
2143 (e) To sue and be sued, implead and be impleaded, complain,
2144 and defend in all courts.
2145 (f) To adopt, use, and alter at will a corporate seal.
2146 (g) To enter into and make leases.
2147 (h) To enter into and make lease-purchase agreements with
2148 the department for terms not exceeding 40 years or until any
2149 bonds secured by a pledge of rentals thereunder, and any
2150 refundings thereof, are fully paid as to both principal and
2151 interest, whichever is longer.
2152 (h)(i) To make contracts of every name and nature,
2153 including, but not limited to, partnerships providing for
2154 participation in ownership and revenues, and to execute all
2155 instruments necessary or convenient for the carrying on of its
2156 business.
2157 (i)(j) Without limitation of the foregoing, to borrow money
2158 and accept grants from and to enter into contracts, leases, or
2159 other transactions with any federal agency, the state, any
2160 agency of the state, or any other public body of the state.
2161 (j)(k) To have the power of eminent domain, including the
2162 procedural powers granted under chapters 73 and 74.
2163 (k)(l) To pledge, hypothecate, or otherwise encumber all or
2164 any part of the revenues, rates, fees, rentals, or other charges
2165 or receipts of the authority.
2166 (l)(m) To enter into partnership and other agreements
2167 respecting ownership and revenue participation in order to
2168 facilitate financing and constructing any project or portions
2169 thereof.
2170 (m)(n) To participate in agreements with private entities
2171 and to receive private contributions.
2172 (n)(o) To contract with the department or with a private
2173 entity for the operation of traditional and electronic toll
2174 collection facilities along the U.S. 98 corridor.
2175 (o)(p) To do all acts and things necessary or convenient
2176 for the conduct of its business and the general welfare of the
2177 authority in order to carry out the powers granted to it by this
2178 part or any other law.
2179 (p)(q) To construct, operate, and maintain roads, bridges,
2180 avenues of access, thoroughfares, and boulevards and to
2181 construct, repair, replace, operate, install, and maintain
2182 electronic toll payment systems thereon, with all necessary and
2183 incidental powers to accomplish the foregoing.
2184 (4)(5) The authority does not have power at any time or in
2185 any manner to pledge the credit or taxing power of the state or
2186 any political subdivision or agency thereof, nor shall any of
2187 the authority’s obligations be deemed to be obligations of the
2188 state or of any political subdivision or agency thereof, nor
2189 shall the state or any political subdivision or agency thereof,
2190 except the authority, be liable for the payment of the principal
2191 of or interest on such obligations.
2192 Section 51. Section 343.83, Florida Statutes, is amended to
2193 read:
2194 343.83 Improvements, bond financing authority.—Pursuant to
2195 s. 11(f), Art. VII of the State Constitution, the Legislature
2196 approves bond financing by the Northwest Florida Regional
2197 Transportation Finance Corridor Authority for improvements to
2198 toll collection facilities, interchanges to the legislatively
2199 approved system, and any other facility appurtenant, necessary,
2200 or incidental to the approved system. Subject to terms and
2201 conditions of applicable revenue bond resolutions and covenants,
2202 such costs may be financed in whole or in part by revenue bonds
2203 issued pursuant to s. 343.835(1)(a) or (b) whether currently
2204 issued or issued in the future or by a combination of such
2205 bonds.
2206 Section 52. Subsections (2) and (3) of section 343.835,
2207 Florida Statutes, is amended to read:
2208 343.835 Bonds of the authority.—
2209 (2) Any such resolution or resolutions authorizing any
2210 bonds hereunder may contain provisions that are part of the
2211 contract with the holders of such bonds, as to:
2212 (a) The pledging of all or any part of the revenues, rates,
2213 fees, rentals, or other charges or receipts of the authority,
2214 derived by the authority for the U.S. 98 corridor improvements.
2215 (b) The completion, improvement, operation, extension,
2216 maintenance, repair, or lease of the system, and the duties of
2217 the authority and others with reference thereto.
2218 (c) Limitations on the purposes to which the proceeds of
2219 the bonds, then or thereafter to be issued, or of any loan or
2220 grant by the United States or the state may be applied.
2221 (d) The fixing, charging, establishing, and collecting of
2222 rates, fees, rentals, or other charges for use of the services
2223 and facilities owned or provided constructed by the authority.
2224 (e) The setting aside of reserves or sinking funds or
2225 repair and replacement funds and the regulation and disposition
2226 thereof.
2227 (f) Limitations on the issuance of additional bonds.
2228 (g) The terms and provisions of any lease-purchase
2229 agreement, deed of trust, or indenture securing the bonds or
2230 under which the same may be issued.
2231 (h) Any other or additional agreements with the holders of
2232 the bonds which the authority may deem desirable and proper.
2233 (3) The authority may employ fiscal agents as provided by
2234 this part or the State Board of Administration may, upon request
2235 of the authority, act as fiscal agent for the authority in the
2236 issuance of any bonds that are issued pursuant to this part, and
2237 the State Board of Administration may, upon request of the
2238 authority, take over the management, control, administration,
2239 custody, and payment of any or all debt services or funds or
2240 assets now or hereafter available for any bonds issued pursuant
2241 to this part. The authority may enter into any deeds of trust,
2242 indentures, or other agreements with its fiscal agent, or with
2243 any bank or trust company within or without the state, as
2244 security for such bonds and may, under such agreements, sign and
2245 pledge all or any of the revenues, rates, fees, rentals, or
2246 other charges or receipts of the authority. Such deed of trust,
2247 indenture, or other agreement may contain such provisions as are
2248 customary in such instruments or, as the authority authorizes,
2249 including, but without limitation, provisions as to:
2250 (a) The completion, improvement, operation, extension,
2251 maintenance, repair, and lease of the system U.S. 98 corridor
2252 improvements and the duties of the authority and others with
2253 reference thereto.
2254 (b) The application of funds and the safeguarding of funds
2255 on hand or on deposit.
2256 (c) The rights and remedies of the trustee and the holders
2257 of the bonds.
2258 (d) The terms and provisions of the bonds or the
2259 resolutions authorizing the issuance of the bonds.
2260 Section 53. Section 343.84, Florida Statutes, is amended to
2261 read:
2262 343.84 Department to construct, operate, and maintain
2263 facilities may be appointed agent of authority for
2264 construction.—
2265 (1) The department is the agent of may be appointed by the
2266 authority as its agent for the purpose of constructing
2267 improvements and extensions to the system and for the completion
2268 thereof. In such event, The authority shall provide the
2269 department with complete copies of all documents, agreements,
2270 resolutions, contracts, and instruments relating thereto, shall
2271 request the department to do such construction work, including
2272 the planning, surveying, and actual construction of the
2273 completion, extensions, and improvements to the system, and
2274 shall transfer to the credit of an account of the department in
2275 the treasury of the state the necessary funds therefor. The
2276 department shall proceed with such construction and use the
2277 funds for such purpose in the same manner that it is now
2278 authorized to use the funds otherwise provided by law for its
2279 use in construction of roads and bridges. The authority may
2280 alternatively, with the consent and approval of the department,
2281 elect to appoint a local agency certified by the department to
2282 administer federal aid projects in accordance with federal law
2283 as the authority’s agent for the purpose of performing each
2284 phase of a project.
2285 (2) Notwithstanding the provisions of subsection (1), the
2286 department is the agent of the authority for the purpose of
2287 operating and maintaining the system. The department shall
2288 operate and maintain the system, and the costs incurred by the
2289 department for operation and maintenance shall be reimbursed
2290 from revenues of the system. The appointment of the department
2291 as agent for the authority does not create an independent
2292 obligation of the department to operate and maintain the system.
2293 The authority shall remain obligated as principal to operate and
2294 maintain its system, and, except as otherwise provided by the
2295 lease-purchase agreement between the department and the Mid-Bay
2296 Bridge Authority in connection with its issuance of bonds, the
2297 authority’s bondholders do not have an independent right to
2298 compel the department to operate and maintain any part of the
2299 authority’s system.
2300 (3) The authority shall fix, alter, charge, establish, and
2301 collect tolls, rates, fees, rentals, and other charges for the
2302 authority’s facilities, as otherwise provided in this part.
2303 Section 54. Subsection (1) of section 343.85, Florida
2304 Statutes, is amended to read:
2305 343.85 Acquisition of lands and property.—
2306 (1) For the purposes of this part, the Northwest Florida
2307 Regional Transportation Finance Corridor Authority may acquire
2308 private or public property and property rights, including rights
2309 of access, air, view, and light, by gift, devise, purchase, or
2310 condemnation by eminent domain proceedings, as the authority may
2311 deem necessary for any purpose of this part, including, but not
2312 limited to, any lands reasonably necessary for securing
2313 applicable permits, areas necessary for management of access,
2314 borrow pits, drainage ditches, water retention areas, rest
2315 areas, replacement access for landowners whose access is
2316 impaired due to the construction of a facility, and replacement
2317 rights-of-way for relocated rail and utility facilities; for
2318 existing, proposed, or anticipated transportation facilities
2319 within the U.S. 98 transportation corridor designated by the
2320 authority; or for the purposes of screening, relocation,
2321 removal, or disposal of junkyards and scrap metal processing
2322 facilities. The authority may condemn any material and property
2323 necessary for such purposes.
2324 Section 55. Section 343.875, Florida Statutes, is repealed.
2325 Section 56. Subsection (3) of section 343.89, Florida
2326 Statutes, is amended to read:
2327 343.89 Complete and additional statutory authority.—
2328 (3) This part does not preclude the department from
2329 acquiring, holding, constructing, improving, maintaining,
2330 operating, or owning tolled or nontolled facilities funded and
2331 constructed from nonauthority sources that are part of the State
2332 Highway System within the geographical boundaries of the
2333 Northwest Florida Regional Transportation Finance Corridor
2334 Authority.
2335 Section 57. Subsection (4) of section 343.922, Florida
2336 Statutes, is amended to read:
2337 343.922 Powers and duties.—
2338 (4) The authority may undertake projects or other
2339 improvements in the master plan in phases as particular projects
2340 or segments become feasible, as determined by the authority. The
2341 authority shall coordinate project planning, development, and
2342 implementation with the applicable local governments. The
2343 authority’s projects that are transportation oriented shall be
2344 consistent to the maximum extent feasible with the adopted local
2345 government comprehensive plans at the time they are funded for
2346 construction. Authority projects that are not transportation
2347 oriented and meet the definition of development pursuant to s.
2348 380.04 shall be consistent with the local comprehensive plans.
2349 In carrying out its purposes and powers, the authority may
2350 request funding and technical assistance from the department and
2351 appropriate federal and local agencies, including, but not
2352 limited to, state infrastructure bank loans, advances from the
2353 Toll Facilities Revolving Trust Fund, and funding and technical
2354 assistance from any other source.
2355 Section 58. Chapter 345, Florida Statutes, consisting of
2356 sections 345.0001, 345.0002, 345.0003, 345.0004, 345.0005,
2357 345.0006, 345.0007, 345.0008, 345.0009, 345.0010, 345.0011,
2358 345.0012, 345.0013, 345.0014, 345.0015, and 345.0016, is created
2359 to read:
2360 345.0001 Short title.—This act may be cited as the “Florida
2361 Regional Transportation Finance Authority Act.”
2362 345.0002 Definitions.—As used in this chapter, the term:
2363 (1) “Agency of the state” means the state and any
2364 department of, or any corporation, agency, or instrumentality
2365 heretofore or hereafter created, designated, or established by,
2366 the state.
2367 (2) “Area served” means the geographical area of the
2368 counties for which an authority is established.
2369 (3) “Authority” means a regional transportation finance
2370 authority, a body politic and corporate, and an agency of the
2371 state, established pursuant to the Florida Regional
2372 Transportation Finance Authority Act.
2373 (4) “Bonds” means the notes, bonds, refunding bonds, or
2374 other evidences of indebtedness or obligations, in temporary or
2375 definitive form, which an authority may issue pursuant to this
2376 act.
2377 (5) “Department” means the Department of Transportation of
2378 Florida and any successor thereto.
2379 (6) “Division” means the Division of Bond Finance of the
2380 State Board of Administration.
2381 (7) “Federal agency” means the United States, the President
2382 of the United States, and any department of, or any bureau,
2383 corporation, agency, or instrumentality heretofore or hereafter
2384 created, designated, or established by, the United States.
2385 (8) “Members” means the governing body of an authority, and
2386 the term “member” means one of the individuals constituting such
2387 governing body.
2388 (9) “Regional system” or “system” means, generally, a
2389 modern tolled highway system of roads, bridges, causeways, and
2390 tunnels within any area of the authority, with access limited or
2391 unlimited as an authority may determine, and the buildings and
2392 structures and appurtenances and facilities related to the
2393 system, including all approaches, streets, roads, bridges, and
2394 avenues of access for the system.
2395 (10) “Revenues” means the tolls, revenues, rates, fees,
2396 charges, receipts, rentals, contributions, and other income
2397 derived from or in connection with the operation or ownership of
2398 a regional system, including the proceeds of any use and
2399 occupancy insurance on any portion of the system but excluding
2400 state funds available to an authority and any other municipal or
2401 county funds available to an authority under an agreement with a
2402 municipality or county.
2403 345.0003 Regional transportation finance authority;
2404 formation; membership.—
2405 (1) A county, or two or more contiguous counties, may,
2406 after the approval of the Legislature, form a regional
2407 transportation finance authority for the purposes of financing,
2408 constructing, maintaining, and operating transportation projects
2409 in a region of this state. An authority shall be governed in
2410 accordance with the provisions of this chapter. An authority may
2411 not be created without the approval of the Legislature and the
2412 approval of the county commission of each county that will be a
2413 part of the authority. An authority may not be created to serve
2414 a particular area of this state as provided by this subsection
2415 if a regional transportation finance authority has been created
2416 and is operating within all or a portion of the same area served
2417 pursuant to an act of the Legislature. Each authority shall be
2418 the only authority created and operating pursuant to this
2419 chapter within the area served by the authority.
2420 (2) The governing body of an authority shall consist of a
2421 board of voting members as follows:
2422 (a) The county commission of each county in the area served
2423 by the authority shall each appoint a member who must be a
2424 resident of the county from which he or she is appointed. The
2425 county commission of each county with a total population of more
2426 than 250,000 shall appoint a second member who must be a
2427 resident of the county. If possible, the member must represent
2428 the business and civic interests of the community.
2429 (b) The Governor shall appoint an equal number of members
2430 to the board as those appointed by the county commissions. The
2431 members appointed by the Governor must be residents of the area
2432 served by the authority.
2433 (c) The secretary of the Department of Transportation shall
2434 appoint one of the district secretaries, or his or her designee,
2435 for the districts within which the area served by the authority
2436 is located.
2437 (3) The term of office of each member shall be for 4 years
2438 or until his or her successor is appointed and qualified.
2439 (4) A member may not hold an elected office.
2440 (5) A vacancy occurring in the governing body before the
2441 expiration of the member’s term shall be filled by the
2442 respective appointing authority in the same manner as the
2443 original appointment and only for the balance of the unexpired
2444 term.
2445 (6) Each member, before entering upon his or her official
2446 duties, must take and subscribe to an oath before an official
2447 authorized by law to administer oaths that he or she will
2448 honestly, faithfully, and impartially perform the duties
2449 devolving upon him or her in office as a member of the governing
2450 body of the authority and that he or she will not neglect any
2451 duties imposed upon him or her by this chapter.
2452 (7) A member of an authority may be removed from office by
2453 the Governor for misconduct, malfeasance, misfeasance, or
2454 nonfeasance in office.
2455 (8) The members of the authority shall designate one of its
2456 members as chair.
2457 (9) The members of the authority shall serve without
2458 compensation, but shall be entitled to reimbursement for per
2459 diem and other expenses in accordance with s. 112.061 while in
2460 performance of their duties.
2461 (10) A majority of the members of the authority constitutes
2462 a quorum, and resolutions enacted or adopted by a vote of a
2463 majority of the members present and voting at any meeting become
2464 effective without publication, posting, or any further action of
2465 the authority.
2466 345.0004 Powers and duties.—
2467 (1)(a) An authority created and established, or governed,
2468 by the Florida Regional Transportation Finance Authority Act
2469 shall plan, develop, finance, construct, reconstruct, improve,
2470 own, operate, and maintain a regional system in the area served
2471 by the authority.
2472 (b) An authority may not exercise the powers in paragraph
2473 (a) with respect to an existing system for transporting people
2474 and goods by any means that is owned by another entity without
2475 the consent of that entity. If an authority acquires, purchases,
2476 or inherits an existing entity, the authority shall also inherit
2477 and assume all rights, assets, appropriations, privileges, and
2478 obligations of the existing entity.
2479 (2) Each authority may exercise all powers necessary,
2480 appurtenant, convenient, or incidental to the carrying out of
2481 the purposes of this section, including, but not limited to, the
2482 following rights and powers:
2483 (a) To sue and be sued, implead and be impleaded, and
2484 complain and defend in all courts in its own name.
2485 (b) To adopt and use a corporate seal.
2486 (c) To have the power of eminent domain, including the
2487 procedural powers granted under chapters 73 and 74.
2488 (d) To acquire, purchase, hold, lease as a lessee, and use
2489 any property, real, personal, or mixed, tangible or intangible,
2490 or any interest therein, necessary or desirable for carrying out
2491 the purposes of the authority.
2492 (e) To sell, convey, exchange, lease, or otherwise dispose
2493 of any real or personal property acquired by the authority,
2494 which the authority and the department have determined is not
2495 needed for the construction, operation, and maintenance of the
2496 system, including air rights.
2497 (f) To fix, alter, charge, establish, and collect rates,
2498 fees, rentals, and other charges for the use of any system owned
2499 or operated by the authority, which rates, fees, rentals, and
2500 other charges must always be sufficient to comply with any
2501 covenants made with the holders of any bonds issued pursuant to
2502 this act; however, such right and power may be assigned or
2503 delegated by the authority to the department.
2504 (g) To borrow money, make and issue negotiable notes,
2505 bonds, refunding bonds, and other evidences of indebtedness or
2506 obligations, in temporary or definitive form, for the purpose of
2507 financing all or part of the improvement of the authority’s
2508 system and appurtenant facilities, including the approaches,
2509 streets, roads, bridges, and avenues of access for the system
2510 and for any other purpose authorized by this chapter, the bonds
2511 to mature in not exceeding 30 years after the date of the
2512 issuance thereof, and to secure the payment of such bonds or any
2513 part thereof by a pledge of its revenues, rates, fees, rentals,
2514 or other charges, including municipal or county funds received
2515 by the authority pursuant to the terms of an agreement between
2516 the authority and a municipality or county; and, in general, to
2517 provide for the security of the bonds and the rights and
2518 remedies of the holders of the bonds; however, municipal or
2519 county funds may not be pledged for the construction of a
2520 project for which a toll is to be charged unless the anticipated
2521 tolls are reasonably estimated by the governing board of the
2522 municipality or county, at the date of its resolution pledging
2523 said funds, to be sufficient to cover the principal and interest
2524 of such obligations during the period when the pledge of funds
2525 is in effect. An authority shall reimburse a municipality or
2526 county for sums expended from municipal or county funds used for
2527 the payment of the bond obligations.
2528 (h) To make contracts of every name and nature, including,
2529 but not limited to, partnerships providing for participation in
2530 ownership and revenues, and to execute each instrument necessary
2531 or convenient for the conduct of its business.
2532 (i) Without limitation of the foregoing, to cooperate with,
2533 accept grants from, and to enter into contracts or other
2534 transactions with any federal agency, the state, or any agency
2535 or any other public body of the state.
2536 (j) To employ an executive director, attorney, staff, and
2537 consultants. Upon the request of an authority, the department
2538 shall furnish the services of a department employee to act as
2539 the executive director of the authority.
2540 (k) To accept funds or other property from private
2541 donations.
2542 (l) To do all acts and things necessary or convenient for
2543 the conduct of its business and the general welfare of the
2544 authority, in order to carry out the powers granted to it by
2545 this act or any other law.
2546 (3) An authority does not have the power at any time or in
2547 any manner to pledge the credit or taxing power of the state or
2548 any political subdivision or agency thereof. Obligations of the
2549 authority may not be deemed to be obligations of the state or of
2550 any other political subdivision or agency thereof. The state or
2551 any political subdivision or agency thereof, except the
2552 authority, is not liable for the payment of the principal of or
2553 interest on such obligations.
2554 (4) An authority has no power, other than by consent of the
2555 affected county or an affected municipality, to enter into an
2556 agreement that would legally prohibit the construction of a road
2557 by the county or the municipality.
2558 (5) An authority formed pursuant to this chapter shall
2559 comply with the statutory requirements of general application
2560 which relate to the filing of a report or documentation required
2561 by law, including the requirements of ss. 189.4085, 189.415,
2562 189.417, and 189.418.
2563 345.0005 Bonds.—
2564 (1)(a) Bonds may be issued on behalf of an authority
2565 pursuant to the State Bond Act.
2566 (b) An authority may also issue bonds in such principal
2567 amount as is necessary, in the opinion of the authority, to
2568 provide sufficient moneys for achieving its corporate purposes,
2569 including construction, reconstruction, improvement, extension,
2570 and repair of the system; the cost of acquisition of all real
2571 property; interest on bonds during construction and for a
2572 reasonable period thereafter, and establishment of reserves to
2573 secure bonds; and all other expenditures of the authority
2574 incident to and necessary or convenient to carry out its
2575 corporate purposes and powers.
2576 (2)(a) Bonds issued by an authority pursuant to paragraph
2577 (1)(a) or paragraph (1)(b) must be authorized by resolution of
2578 the members of the authority and must bear such date or dates;
2579 mature at such time or times, not exceeding 30 years after their
2580 respective dates; bear interest at such rate or rates, not
2581 exceeding the maximum rate fixed by general law for authorities;
2582 be in such denominations; be in such form, either coupon or
2583 fully registered; carry such registration, exchangeability and
2584 interchangeability privileges; be payable in such medium of
2585 payment and at such place or places; be subject to such terms of
2586 redemption; and be entitled to such priorities of lien on the
2587 revenues and other available moneys as such resolution or any
2588 resolution subsequent to the bonds’ issuance may provide. The
2589 bonds shall be executed either by manual or facsimile signature
2590 by such officers as the authority shall determine, provided that
2591 such bonds bear at least one signature that is manually executed
2592 thereon. The coupons attached to such bonds shall bear the
2593 facsimile signature or signatures of such officer or officers as
2594 designated by the authority. Such bonds shall have the seal of
2595 the authority affixed, imprinted, reproduced, or lithographed
2596 thereon.
2597 (b) Bonds issued pursuant to paragraph (1)(a) or paragraph
2598 (1)(b) must be sold at public sale in the same manner provided
2599 in the State Bond Act. Pending the preparation of definitive
2600 bonds, temporary bonds or interim certificates may be issued to
2601 the purchaser or purchasers of such bonds and may contain terms
2602 and conditions as the authority may determine.
2603 (3) A resolution that authorizes any bonds may contain
2604 provisions that must be part of the contract with the holders of
2605 the bonds, as to:
2606 (a) The pledging of all or any part of the revenues,
2607 available municipal or county funds, or other charges or
2608 receipts of the authority derived from the regional system.
2609 (b) The construction, reconstruction, improvement,
2610 extension, repair, maintenance, and operation of the system, or
2611 any part or parts of the system, and the duties and obligations
2612 of the authority with reference thereto.
2613 (c) Limitations on the purposes to which the proceeds of
2614 the bonds, then or thereafter issued, or of any loan or grant by
2615 any federal agency or the state or any political subdivision of
2616 the state may be applied.
2617 (d) The fixing, charging, establishing, revising,
2618 increasing, reducing, and collecting of tolls, rates, fees,
2619 rentals, or other charges for use of the services and facilities
2620 of the system or any part of the system.
2621 (e) The setting aside of reserves or of sinking funds and
2622 the regulation and disposition of the reserves or sinking funds.
2623 (f) Limitations on the issuance of additional bonds.
2624 (g) The terms and provisions of any deed of trust or
2625 indenture securing the bonds, or under which the bonds may be
2626 issued.
2627 (h) Any other or additional matters, of like or different
2628 character, which in any way affect the security or protection of
2629 the bonds.
2630 (4) The authority may enter into any deeds of trust,
2631 indentures, or other agreements with any bank or trust company
2632 within or without the state, as security for such bonds, and
2633 may, under such agreements, assign and pledge any of the
2634 revenues and other available moneys, including any available
2635 municipal or county funds, pursuant to the terms of this
2636 chapter. The deed of trust, indenture, or other agreement may
2637 contain provisions that are customary in such instruments or
2638 that the authority may authorize, including, but without
2639 limitation, provisions that:
2640 (a) Pledge any part of the revenues or other moneys
2641 lawfully available therefor.
2642 (b) Apply funds and safeguard funds on hand or on deposit.
2643 (c) Provide for the rights and remedies of the trustee and
2644 the holders of the bonds.
2645 (d) Provide for the terms and provisions of the bonds or
2646 for resolutions authorizing the issuance of the bonds.
2647 (e) Provide for any other or additional matters, of like or
2648 different character, which affect the security or protection of
2649 the bonds.
2650 (5) Any bonds issued pursuant to this act are negotiable
2651 instruments and have all the qualities and incidents of
2652 negotiable instruments under the law merchant and the negotiable
2653 instruments law of the state.
2654 (6) A resolution that authorizes the issuance of authority
2655 bonds and pledges the revenues of the system must require that
2656 revenues of the system be periodically deposited into
2657 appropriate accounts in such sums as are sufficient to pay the
2658 costs of operation and maintenance of the system for the current
2659 fiscal year as set forth in the annual budget of the authority
2660 and to reimburse the department for any unreimbursed costs of
2661 operation and maintenance of the system from prior fiscal years
2662 before revenues of the system are deposited into accounts for
2663 the payment of interest or principal owing or that may become
2664 owing on such bonds.
2665 (7) State funds may not be used or pledged to pay the
2666 principal or interest of any authority bonds, and all such bonds
2667 must contain a statement on their face to this effect.
2668 345.0006 Remedies of bondholders.—
2669 (1) The rights and the remedies granted to authority
2670 bondholders under this chapter are in addition to and not in
2671 limitation of any rights and remedies lawfully granted to such
2672 bondholders by the resolution or indenture providing for the
2673 issuance of bonds, or by any deed of trust, indenture, or other
2674 agreement under which the bonds may be issued or secured. If an
2675 authority defaults in the payment of the principal of or
2676 interest on any of the bonds issued pursuant to this chapter
2677 after such principal of or interest on the bonds becomes due,
2678 whether at maturity or upon call for redemption, as provided in
2679 the resolution or indenture, and such default continues for 30
2680 days, or in the event that the authority fails or refuses to
2681 comply with the provisions of this chapter or any agreement made
2682 with, or for the benefit of, the holders of the bonds, the
2683 holders of 25 percent in aggregate principal amount of the bonds
2684 then outstanding shall be entitled as of right to the
2685 appointment of a trustee to represent such bondholders for the
2686 purposes of the default provided that the holders of 25 percent
2687 in aggregate principal amount of the bonds then outstanding
2688 first gave written notice of their intention to appoint a
2689 trustee, to the authority and to the department.
2690 (2) The trustee, and any trustee under any deed of trust,
2691 indenture, or other agreement, may, and upon written request of
2692 the holders of 25 percent, or such other percentages specified
2693 in any deed of trust, indenture, or other agreement, in
2694 principal amount of the bonds then outstanding, shall, in any
2695 court of competent jurisdiction, in his, her, or its own name:
2696 (a) By mandamus or other suit, action, or proceeding at
2697 law, or in equity, enforce all rights of the bondholders,
2698 including the right to require the authority to fix, establish,
2699 maintain, collect, and charge rates, fees, rentals, and other
2700 charges, adequate to carry out any agreement as to, or pledge
2701 of, the revenues, and to require the authority to carry out any
2702 other covenants and agreements with or for the benefit of the
2703 bondholders, and to perform its and their duties under this
2704 chapter.
2705 (b) Bring suit upon the bonds.
2706 (c) By action or suit in equity, require the authority to
2707 account as if it were the trustee of an express trust for the
2708 bondholders.
2709 (d) By action or suit in equity, enjoin any acts or things
2710 that may be unlawful or in violation of the rights of the
2711 bondholders.
2712 (3) A trustee, if appointed pursuant to this section or
2713 acting under a deed of trust, indenture, or other agreement, and
2714 whether or not all bonds have been declared due and payable,
2715 shall be entitled as of right to the appointment of a receiver.
2716 The receiver may enter upon and take possession of the system or
2717 the facilities or any part or parts of the system, the revenues
2718 and other pledged moneys, for and on behalf of and in the name
2719 of, the authority and the bondholders. The receiver may collect
2720 and receive all revenues and other pledged moneys in the same
2721 manner as the authority. The receiver shall deposit all such
2722 revenues and moneys in a separate account and apply all such
2723 revenues and moneys remaining after allowance for payment of all
2724 costs of operation and maintenance of the system in such manner
2725 as the court directs. In a suit, action, or proceeding by the
2726 trustee, the fees, counsel fees, and expenses of the trustee,
2727 and said receiver, if any, and all costs and disbursements
2728 allowed by the court must be a first charge on any revenues
2729 after payment of the costs of operation and maintenance of the
2730 system. The trustee also has all other powers necessary or
2731 appropriate for the exercise of any functions specifically set
2732 forth in this section or incident to the representation of the
2733 bondholders in the enforcement and protection of their rights.
2734 (4) This section or any other section of this chapter does
2735 not authorize a receiver appointed pursuant to this section for
2736 the purpose of operating and maintaining the system or any
2737 facilities or parts thereof to sell, assign, mortgage, or
2738 otherwise dispose of any of the assets belonging to the
2739 authority. The powers of the receiver are limited to the
2740 operation and maintenance of the system, or any facility or
2741 parts thereof and to the collection and application of revenues
2742 and other moneys due the authority, in the name and for and on
2743 behalf of the authority and the bondholders. A holder of bonds
2744 or any trustee does not have the right in any suit, action, or
2745 proceeding, at law or in equity, to compel a receiver, or a
2746 receiver may not be authorized or a court may not direct a
2747 receiver to, sell, assign, mortgage, or otherwise dispose of any
2748 assets of whatever kind or character belonging to the authority.
2749 345.0007 Department to construct, operate, and maintain
2750 facilities.—
2751 (1) The department is the agent of each authority for the
2752 purpose of performing each phase of a project, including, but
2753 not limited to, constructing improvements and extensions to the
2754 system. The authority shall provide to the department complete
2755 copies of the documents, agreements, resolutions, contracts, and
2756 instruments that relate to the project and shall request that
2757 the department perform the construction work, including the
2758 planning, surveying, design, and actual construction of the
2759 completion, extensions, and improvements to the system. After
2760 the issuance of bonds to finance construction of an improvement
2761 or addition to the system, the authority shall transfer to the
2762 credit of an account of the department in the State Treasury the
2763 necessary funds for construction. The department shall proceed
2764 with construction and use the funds for the purpose authorized
2765 and as otherwise provided by law for construction of roads and
2766 bridges. An authority may alternatively, with the consent and
2767 approval of the department, elect to appoint a local agency
2768 certified by the department to administer federal aid projects
2769 in accordance with federal law as the authority’s agent for the
2770 purpose of performing each phase of a project.
2771 (2) Notwithstanding the provisions of subsection (1), the
2772 department is the agent of each authority for the purpose of
2773 operating and maintaining the system. The department shall
2774 operate and maintain the system, and the costs incurred by the
2775 department for operation and maintenance shall be reimbursed
2776 from revenues of the system. The appointment of the department
2777 as agent for each authority does not create an independent
2778 obligation of the department to operate and maintain a system.
2779 Each authority shall remain obligated as principal to operate
2780 and maintain its system, and an authority’s bondholders do not
2781 have an independent right to compel the department to operate or
2782 maintain the authority’s system.
2783 (3) Each authority shall fix, alter, charge, establish, and
2784 collect tolls, rates, fees, rentals, and other charges for the
2785 authority’s facilities, as otherwise provided in this chapter.
2786 345.0008 Department contributions to authority projects.—
2787 (1) The department may agree with an authority to provide
2788 for or contribute to the payment of costs of financial or
2789 engineering and traffic feasibility studies and the design,
2790 financing, acquisition, or construction of an authority project
2791 or system included in the 10-year Strategic Intermodal Plan,
2792 subject to appropriation by the Legislature.
2793 (a) In the manner required by chapter 216, the department
2794 shall include any issue in its legislative budget request for
2795 funding the payment of costs of financial or engineering and
2796 traffic feasibility studies and the design, financing,
2797 acquisition, or construction of an authority project or system.
2798 The request for funding may be included as part of the 5-year
2799 Tentative Work Program; however, it will be decided upon
2800 separately as a distinct funding item for consideration by the
2801 Legislature. The department shall include a financial
2802 feasibility test to accompany such legislative budget request
2803 for consideration of funding any authority project.
2804 (b) As determined by the Legislature in the General
2805 Appropriations Act, funding provided for authority projects must
2806 be appropriated in a specific fixed capital outlay appropriation
2807 category that clearly identifies the authority project.
2808 (c) The department may not request legislative approval of
2809 acquisition or construction of a proposed authority project
2810 unless the estimated net revenues of the proposed project will
2811 be sufficient to pay at least 50 percent of the annual debt
2812 service on the bonds associated with the project by the end of
2813 the 12th year of operation and to pay at least 100 percent of
2814 the debt service on the bonds by the end of the 30th year of
2815 operation.
2816 (2) The department may use its engineering and other
2817 personnel, including consulting engineers and traffic engineers,
2818 to conduct feasibility studies under subsection (1). The
2819 department may participate in authority-funded projects that, at
2820 a minimum:
2821 (a) Serve national, statewide, or regional functions and
2822 function as part of an integrated regional transportation
2823 system.
2824 (b) Are identified in the capital improvements element of a
2825 comprehensive plan that has been determined to be in compliance
2826 with part II of chapter 163. Further, the project must be in
2827 compliance with local government comprehensive plan policies
2828 relative to corridor management.
2829 (c) Are consistent with the Strategic Intermodal System
2830 Plan developed under s. 339.64.
2831 (d) Have a commitment for local, regional, or private
2832 financial matching funds as a percentage of the overall project
2833 cost.
2834 (3) Before approval, the department must determine that the
2835 proposed project:
2836 (a) Is in the public’s best interest;
2837 (b) Would not require state funds to be used unless the
2838 project is on the State Highway System;
2839 (c) Would have adequate safeguards in place to ensure that
2840 additional costs or service disruptions would not be realized by
2841 the traveling public and residents of the state in the event of
2842 default or cancellation of the agreement by the department; and
2843 (d) Would have adequate safeguards in place to ensure that
2844 the department and the regional transportation finance authority
2845 have the opportunity to add capacity to the proposed project and
2846 other transportation facilities serving similar origins and
2847 destinations.
2848 (4) An obligation or expense incurred by the department
2849 under this section is a part of the cost of the authority
2850 project for which the obligation or expense was incurred. The
2851 department may require money contributed by the department under
2852 this section to be repaid from tolls of the project on which the
2853 money was spent, other revenue of the authority, or other
2854 sources of funds.
2855 (5) The department shall receive from an authority a share
2856 of the authority’s net revenues equal to the ratio of the
2857 department’s total contributions to the authority under this
2858 section to the sum of: the department’s total contributions
2859 under this section; contributions by any local government to the
2860 cost of revenue producing authority projects; and the sale
2861 proceeds of authority bonds after payment of costs of issuance.
2862 For the purpose of this subsection, net revenues are gross
2863 revenues of an authority after payment of debt service,
2864 administrative expenses, operations and maintenance expenses,
2865 and all reserves required to be established under any resolution
2866 under which authority bonds are issued.
2867 345.0009 Acquisition of lands and property.—
2868 (1) For the purposes of this chapter, an authority may
2869 acquire private or public property and property rights,
2870 including rights of access, air, view, and light, by gift,
2871 devise, purchase, condemnation by eminent domain proceedings, or
2872 transfer from another political subdivision of the state, as the
2873 authority may deem necessary for any of the purposes of this
2874 chapter, including, but not limited to, any lands reasonably
2875 necessary for securing applicable permits, areas necessary for
2876 management of access, borrow pits, drainage ditches, water
2877 retention areas, rest areas, replacement access for landowners
2878 whose access is impaired due to the construction of a facility,
2879 and replacement rights-of-way for relocated rail and utility
2880 facilities; for existing, proposed, or anticipated
2881 transportation facilities on the system or in a transportation
2882 corridor designated by the authority; or for the purposes of
2883 screening, relocation, removal, or disposal of junkyards and
2884 scrap metal processing facilities. Each authority shall also
2885 have the power to condemn any material and property necessary
2886 for such purposes.
2887 (2) An authority shall exercise the right of eminent domain
2888 conferred under this section in the manner provided by law.
2889 (3) If an authority acquires property for a transportation
2890 facility or in a transportation corridor, it is not subject to
2891 any liability imposed by chapter 376 or chapter 403 for
2892 preexisting soil or groundwater contamination due solely to its
2893 ownership. This section does not affect the rights or
2894 liabilities of any past or future owners of the acquired
2895 property or affect the liability of any governmental entity for
2896 the results of its actions which create or exacerbate a
2897 pollution source. An authority and the Department of
2898 Environmental Protection may enter into interagency agreements
2899 for the performance, funding, and reimbursement of the
2900 investigative and remedial acts necessary for property acquired
2901 by the authority.
2902 345.0010 Cooperation with other units, boards, agencies,
2903 and individuals.—A county, municipality, drainage district, road
2904 and bridge district, school district, or any other political
2905 subdivision, board, commission, or individual in, or of, the
2906 state may make and enter into a contract, lease, conveyance,
2907 partnership, or other agreement with an authority within the
2908 provisions and purposes of this chapter. Each authority may make
2909 and enter into contracts, leases, conveyances, partnerships, and
2910 other agreements with any political subdivision, agency, or
2911 instrumentality of the state and any federal agency,
2912 corporation, and individual, to carry out the purposes of this
2913 chapter.
2914 345.0011 Covenant of the state.—The state pledges to, and
2915 agrees with, any person, firm, or corporation, or federal or
2916 state agency subscribing to, or acquiring the bonds to be issued
2917 by an authority for the purposes of this chapter that the state
2918 will not limit or alter the rights vested by this chapter in the
2919 authority and the department until all bonds at any time issued,
2920 together with the interest thereon, are fully paid and
2921 discharged insofar as the rights vested in the authority and the
2922 department affect the rights of the holders of bonds issued
2923 pursuant to this chapter. The state further pledges to, and
2924 agrees with, the United States that if a federal agency
2925 constructs or contributes any funds for the completion,
2926 extension, or improvement of the system, or any parts of the
2927 system, the state will not alter or limit the rights and powers
2928 of the authority and the department in any manner that is
2929 inconsistent with the continued maintenance and operation of the
2930 system or the completion, extension, or improvement of the
2931 system, or which would be inconsistent with the due performance
2932 of any agreements between the authority and any such federal
2933 agency, and the authority and the department shall continue to
2934 have and may exercise all powers granted in this section, so
2935 long as the powers are necessary or desirable to carry out the
2936 purposes of this chapter and the purposes of the United States
2937 in the completion, extension, or improvement of the system, or
2938 any part of the system.
2939 345.0012 Exemption from taxation.—The authority created
2940 under this chapter is for the benefit of the people of the
2941 state, for the increase of their commerce and prosperity, and
2942 for the improvement of their health and living conditions, and
2943 because the authority will be performing essential governmental
2944 functions pursuant to this chapter, the authority is not
2945 required to pay any taxes or assessments of any kind or nature
2946 whatsoever upon any property acquired or used by it for such
2947 purposes, or upon any rates, fees, rentals, receipts, income, or
2948 charges received by it, and the bonds issued by the authority,
2949 their transfer and the income from their issuance, including any
2950 profits made on the sale of the bonds, shall be free from
2951 taxation by the state or by any political subdivision, taxing
2952 agency, or instrumentality of the state. The exemption granted
2953 by this section does not apply to any tax imposed by chapter 220
2954 on interest, income, or profits on debt obligations owned by
2955 corporations.
2956 345.0013 Eligibility for investments and security.—Any
2957 bonds or other obligations issued pursuant to this chapter are
2958 legal investments for banks, savings banks, trustees, executors,
2959 administrators, and all other fiduciaries, and for all state,
2960 municipal, and other public funds and are also securities
2961 eligible for deposit as security for all state, municipal, or
2962 other public funds, notwithstanding the provisions of any other
2963 law to the contrary.
2964 345.0014 Applicability.—
2965 (1) The powers conferred by this chapter are in addition to
2966 the powers conferred by other law and do not repeal the
2967 provisions of any other general or special law or local
2968 ordinance, but supplement such other laws in the exercise of the
2969 powers provided in this chapter, and provide a complete method
2970 for the exercise of the powers granted in this chapter. The
2971 extension and improvement of a system, and the issuance of bonds
2972 pursuant to this chapter to finance all or part of the cost
2973 thereof, may be accomplished upon compliance with the provisions
2974 of this chapter without regard to or necessity for compliance
2975 with the provisions, limitations, or restrictions contained in
2976 any other general, special, or local law, including, but not
2977 limited to, s. 215.821, and approval of any bonds issued under
2978 this act by the qualified electors or qualified electors who are
2979 freeholders in the state or in any political subdivision of the
2980 state is not required for the issuance of such bonds pursuant to
2981 this chapter.
2982 (2) This act does not repeal, rescind, or modify any other
2983 law or laws relating to the State Board of Administration, the
2984 Department of Transportation, or the Division of Bond Finance of
2985 the State Board of Administration, but supersedes any other law
2986 that is inconsistent with the provisions of this chapter,
2987 including, but not limited to, s. 215.821.
2988 345.0015 Santa Rosa-Escambia Regional Transportation
2989 Finance Authority.—
2990 (1) There is hereby created and established a body politic
2991 and corporate, an agency of the state, to be known as the Santa
2992 Rosa-Escambia Regional Transportation Finance Authority,
2993 hereinafter referred to as the “authority.”
2994 (2) The area served by the authority shall be Escambia and
2995 Santa Rosa Counties.
2996 (3) The purposes and powers of the authority are as
2997 identified in the Florida Regional Transportation Finance
2998 Authority Act for the area served by the authority, and the
2999 authority operates in the manner provided by the Florida
3000 Regional Transportation Finance Authority Act.
3001 345.0016 Suncoast Regional Transportation Finance
3002 Authority.—
3003 (1) There is hereby created and established a body politic
3004 and corporate, an agency of the state, to be known as the
3005 Suncoast Regional Transportation Finance Authority, hereinafter
3006 referred to as the “authority.”
3007 (2) The area served by the authority shall be Citrus, Levy,
3008 Marion, and Alachua Counties.
3009 (3) The purposes and powers of the authority are as
3010 identified in the Florida Regional Transportation Finance
3011 Authority Act for the area served by the authority, and the
3012 authority operates in the manner provided by the Florida
3013 Regional Transportation Finance Authority Act.
3014 Section 59. Transfer to the Northwest Florida Regional
3015 Transportation Finance Authority.—The governance and control of
3016 the Mid-Bay Bridge Authority System, created pursuant to chapter
3017 2000-411, Laws of Florida, is transferred to the Northwest
3018 Florida Regional Transportation Finance Authority.
3019 (1) The assets, facilities, tangible and intangible
3020 property and any rights in such property, and any other legal
3021 rights of the Mid-Bay Bridge Authority, including the bridge
3022 system operated by the authority, are transferred to the
3023 Northwest Florida Regional Transportation Finance Authority. All
3024 powers of the Mid-Bay Bridge Authority shall succeed to the
3025 Northwest Florida Regional Transportation Finance Authority, and
3026 the operations and maintenance of the bridge system shall be
3027 under the control of the Northwest Florida Regional
3028 Transportation Finance Authority, pursuant to this section.
3029 Revenues collected on the bridge system may be considered
3030 Northwest Florida Regional Transportation Finance Authority
3031 revenues, and the Mid-Bay Bridge may be considered part of the
3032 authority system, if bonds of the Mid-Bay Bridge Authority are
3033 not outstanding. The Northwest Florida Regional Transportation
3034 Finance Authority also assumes all liability for bonds of the
3035 Mid-Bay Bridge Authority pursuant to the provisions of
3036 subsection (2). The Northwest Florida Regional Transportation
3037 Finance Authority may review other contracts, financial
3038 obligations, and contractual obligations and liabilities of the
3039 Mid-Bay Bridge Authority and may assume legal liability for the
3040 obligations that are determined to be necessary for the
3041 continued operation of the bridge system.
3042 (2) The transfer pursuant to this section is subject to the
3043 terms and covenants provided for the protection of the holders
3044 of the Mid-Bay Bridge Authority bonds in the lease-purchase
3045 agreement and the resolutions adopted in connection with the
3046 issuance of the bonds. Further, the transfer does not impair the
3047 terms of the contract between the Mid-Bay Bridge Authority and
3048 the bondholders, does not act to the detriment of the
3049 bondholders, and does not diminish the security for the bonds.
3050 After the transfer, until the bonds of the Mid-Bay Bridge
3051 Authority are fully defeased or paid in full, the department
3052 shall operate and maintain the bridge system and any other
3053 facilities of the authority in accordance with the terms,
3054 conditions, and covenants contained in the bond resolutions and
3055 lease-purchase agreement securing the bonds of the bridge
3056 authority. The Department of Transportation, as the agent of the
3057 Northwest Florida Regional Transportation Finance Authority,
3058 shall collect toll revenues and apply them to the payment of
3059 debt service as provided in the bond resolution securing the
3060 bonds. The Northwest Florida Regional Transportation Finance
3061 Authority shall expressly assume all obligations relating to the
3062 bonds to ensure that the transfer will have no adverse impact on
3063 the security for the bonds of the Mid-Bay Bridge Authority. The
3064 transfer does not make the obligation to pay the principal and
3065 interest on the bonds a general liability of the Northwest
3066 Florida Regional Transportation Finance Authority or pledge the
3067 authority system revenues to payment of the Mid-Bay Bridge
3068 Authority bonds. Revenues that are generated by the bridge
3069 system and other facilities of the Mid-Bay Bridge Authority and
3070 that were pledged by the Mid-Bay Bridge Authority to the payment
3071 of the bonds remain subject to the pledge for the benefit of the
3072 bondholders. The transfer does not modify or eliminate any prior
3073 obligation of the Department of Transportation to pay certain
3074 costs of the bridge system from sources other than revenues of
3075 the bridge system. With regard to the bridge authority’s current
3076 long-term debt of $9.5 million due to the department as of June
3077 30, 2012, and to the extent permitted by the bond resolutions
3078 and lease-purchase agreement securing the bonds, the Northwest
3079 Florida Regional Transportation Finance Authority shall make
3080 payment annually to the State Transportation Trust Fund, for the
3081 purpose of repaying the Mid-Bay Bridge Authority’s long-term
3082 debt due to the department, from any bridge system revenues
3083 obtained under this section which remain after the payment of
3084 the costs of operations, maintenance, renewal, and replacement
3085 of the bridge system; the payment of current debt service; and
3086 other payments required in relation to the bonds. The Northwest
3087 Florida Regional Transportation Finance Authority shall make the
3088 annual payments, not to exceed $1 million per year, to the State
3089 Transportation Trust Fund until all remaining authority long
3090 term debt due to the department has been repaid.
3091 (3) Any remaining toll revenue from the facilities of the
3092 Mid-Bay Bridge Authority collected by the Northwest Florida
3093 Regional Transportation Finance Authority after meeting the
3094 requirements of subsections (1) and (2) shall be used for the
3095 construction, maintenance, or improvement of any toll facility
3096 of the Northwest Florida Regional Transportation Finance
3097 Authority within the county or counties in which the revenue was
3098 collected.
3099 Section 60. Section 348.751, Florida Statutes, is amended
3100 to read:
3101 348.751 Short title.—This part shall be known and may be
3102 cited as the “Central Florida Orlando-Orange County Expressway
3103 Authority Law.”
3104 Section 61. Section 348.752, Florida Statutes, is amended
3105 to read:
3106 348.752 Definitions.—As used in this chapter The following
3107 terms, whenever used or referred to in this law, shall have the
3108 following meanings, except in those instances where the context
3109 clearly indicates otherwise:
3110 (1) The term “agency of the state” means and includes the
3111 state and any department of, or corporation, agency, or
3112 instrumentality heretofore or hereafter created, designated, or
3113 established by, the state.
3114 (2) The term “authority” means the body politic and
3115 corporate, and agency of the state created by this part.
3116 (3) The term “bonds” means and includes the notes, bonds,
3117 refunding bonds, or other evidences of indebtedness or
3118 obligations, in either temporary or definitive form, which the
3119 authority is authorized to issue pursuant to this part.
3120 (4) The term “Central Florida Expressway Authority” means
3121 the body politic and corporate, and agency of the state created
3122 by this chapter The term “city” means the City of Orlando.
3123 (5) The term “Central Florida Expressway System” means any
3124 expressway and appurtenant facilities, including all approaches,
3125 roads, bridges, and avenues for the expressway and any rapid
3126 transit, trams, or fixed guideways located within the right-of
3127 way of an expressway The term “county” means the County of
3128 Orange.
3129 (6) The term “department” means the Department of
3130 Transportation existing under chapters 334-339.
3131 (7) The term “expressway” has the same meaning is the same
3132 as limited access expressway.
3133 (8) The term “federal agency” means and includes the United
3134 States, the President of the United States, and any department
3135 of, or corporation, agency, or instrumentality heretofore or
3136 hereafter created, designated, or established by, the United
3137 States.
3138 (9) The term “lease-purchase agreement” means the lease
3139 purchase agreements that which the authority is authorized
3140 pursuant to this part to enter into with the Department of
3141 Transportation pursuant to this part.
3142 (10) The term “limited access expressway” means a street or
3143 highway specifically especially designed for through traffic,
3144 and over, from, or to which, a no person does not shall have the
3145 right of easement, use, or access except in accordance with the
3146 rules of and regulations promulgated and established by the
3147 authority governing its use for the use of such facility. Such
3148 highways or streets may be parkways that do not allow traffic
3149 by, from which trucks, buses, and other commercial vehicles
3150 shall be excluded, or they may be freeways open to use by all
3151 customary forms of street and highway traffic.
3152 (11) The term “members” means the governing body of the
3153 authority, and the term “member” means an individual who serves
3154 on the one of the individuals constituting such governing body
3155 of the authority.
3156 (12) The term “Orange County gasoline tax funds” means all
3157 the revenue derived from the 80-percent surplus gasoline tax
3158 funds accruing in each year to the Department of Transportation
3159 for use in Orange County under the provisions of s. 9, Art. XII
3160 of the State Constitution, after deducting deduction only of any
3161 amounts of said gasoline tax funds previously heretofore pledged
3162 by the department or the county for outstanding obligations.
3163 (13) The term “Orlando-Orange County Expressway System”
3164 means any and all expressways and appurtenant facilities
3165 thereto, including, but not limited to, all approaches, roads,
3166 bridges, and avenues of access for said expressway or
3167 expressways.
3168 (13)(14) The term “State Board of Administration” means the
3169 body corporate existing under the provisions of s. 9, Art. XII
3170 of the State Constitution, or any successor thereto.
3171 (14) The term “transportation facilities” means and
3172 includes the mobile and fixed assets, and the associated real or
3173 personal property or rights, used in the transportation of
3174 persons or property by any means of conveyance, and all
3175 appurtenances, such as, but not limited to, highways; limited or
3176 controlled access lanes, avenues of access, and facilities;
3177 vehicles; fixed guideway facilities, including maintenance
3178 facilities; and administrative and other office space for the
3179 exercise by the authority of the powers and obligations granted
3180 in this part.
3181 (15) Words importing singular number include the plural
3182 number in each case and vice versa, and words importing persons
3183 include firms and corporations.
3184 Section 62. Section 348.753, Florida Statutes, is amended
3185 to read:
3186 348.753 Central Florida Orlando-Orange County Expressway
3187 Authority.—
3188 (1) There is hereby created and established a body politic
3189 and corporate, an agency of the state, to be known as the
3190 Central Florida Orlando-Orange County Expressway Authority.,
3191 hereinafter referred to as “authority.”
3192 (2)(a) Effective July 1, 2014, the Central Florida
3193 Expressway Authority shall assume the governance and control of
3194 the Orlando-Orange County Expressway Authority System, including
3195 its assets, personnel, contracts, obligations, liabilities,
3196 facilities, and tangible and intangible property. Any rights in
3197 such property, and other legal rights of the authority, are
3198 transferred to the Central Florida Expressway Authority. The
3199 powers, responsibilities, and obligations of the Orlando-Orange
3200 County Expressway Authority shall succeed to and be assumed by
3201 the Central Florida Expressway Authority on July 1, 2014.
3202 (b) The transfer pursuant to this subsection is subject to the
3203 terms and covenants provided for the protection of the holders
3204 of the Orlando-Orange County Expressway Authority bonds in the
3205 lease-purchase agreement and the resolutions adopted in
3206 connection with the issuance of the bonds. Further, the transfer
3207 does not impair the terms of the contract between the Orlando
3208 Orange County Expressway Authority and the bondholders, does not
3209 act to the detriment of the bondholders, and does not diminish
3210 the security for the bonds. After the transfer, the Central
3211 Florida Expressway Authority shall operate and maintain the
3212 expressway system and any other facilities of the Orlando-Orange
3213 County Expressway Authority in accordance with the terms,
3214 conditions, and covenants contained in the bond resolutions and
3215 lease-purchase agreement securing the bonds of the authority.
3216 The Central Florida Expressway Authority shall collect toll
3217 revenues and apply them to the payment of debt service as
3218 provided in the bond resolution securing the bonds, and
3219 expressly assumes all obligations relating to the bonds to
3220 ensure that the transfer will have no adverse impact on the
3221 security for the bonds. The transfer does not make the
3222 obligation to pay the principal and interest on the bonds a
3223 general liability of the Central Florida Expressway Authority or
3224 pledge additional expressway system revenues to payment of the
3225 bonds. Revenues that are generated by the expressway system and
3226 other facilities of the Central Florida Expressway Authority
3227 which were pledged by the Orlando-Orange County Expressway
3228 Authority for payment of the bonds remains subject to the pledge
3229 for the benefit of the bondholders. The transfer does not modify
3230 or eliminate any prior obligation of the department to pay
3231 certain costs of the expressway system from sources other than
3232 revenues of the expressway system.
3233 (3)(2) The governing body of the authority shall consist of
3234 11 five members. The chairs of the boards of the county
3235 commissions of Seminole, Lake, and Osceola Counties shall each
3236 appoint one member, who may be a commission member or chair. The
3237 Governor shall appoint six citizen members. Of the Governor’s
3238 appointments, two Three members must shall be citizens of Orange
3239 County, one member each must be a citizen of Seminole, Lake, and
3240 Osceola Counties, and one member may be a citizen of any of the
3241 identified counties who shall be appointed by the Governor. The
3242 10th fourth member must shall be, ex officio, the Mayor of chair
3243 of the County Commissioners of Orange County. The 11th member
3244 must be the Mayor of the City of Orlando. The executive director
3245 of Florida Turnpike Enterprise shall serve as a nonvoting
3246 advisor to the governing body of the authority, and the fifth
3247 member shall be, ex officio, the district secretary of the
3248 Department of Transportation serving in the district that
3249 contains Orange County. The term of Each appointed member
3250 appointed by the Governor shall serve be for 4 years. Each
3251 county-appointed member shall serve for 2 years. Standing board
3252 members shall complete their terms. Each appointed member shall
3253 hold office until his or her successor has been appointed and
3254 has qualified. A vacancy occurring during a term must shall be
3255 filled only for the balance of the unexpired term. Each
3256 appointed member of the authority shall be a person of
3257 outstanding reputation for integrity, responsibility, and
3258 business ability, but, except as provided in this subsection, a
3259 no person who is an officer or employee of a municipality or any
3260 city or of Orange county may not in any other capacity shall be
3261 an appointed member of the authority. Any member of the
3262 authority is shall be eligible for reappointment.
3263 (4)(3)(a) The authority shall elect one of its members as
3264 chair of the authority. The authority shall also elect one of
3265 its members as vice chair, one of its members as a secretary,
3266 and one of its members as a treasurer who may or may not be
3267 members of the authority. The chair, vice chair, secretary, and
3268 treasurer shall hold such offices at the will of the authority.
3269 Six Three members of the authority shall constitute a quorum,
3270 and the vote of six three members is shall be necessary for any
3271 action taken by the authority. A No vacancy in the authority
3272 does not shall impair the right of a quorum of the authority to
3273 exercise all of the rights and perform all of the duties of the
3274 authority.
3275 (b) Upon the effective date of his or her appointment, or
3276 as soon thereafter as practicable, each appointed member of the
3277 authority shall enter upon his or her duties.
3278 (5)(4)(a) The authority may employ an executive secretary,
3279 an executive director, its own counsel and legal staff,
3280 technical experts, and the such engineers, and such employees
3281 that, permanent or temporary, as it requires. The authority may
3282 require and may determine the qualifications and fix the
3283 compensation of such persons, firms, or corporations, and may
3284 employ a fiscal agent or agents;, provided, however, that the
3285 authority shall solicit sealed proposals from at least three
3286 persons, firms, or corporations for the performance of any
3287 services as fiscal agents. The authority may delegate to one or
3288 more of its agents or employees the such of its power as it
3289 deems shall deem necessary to carry out the purposes of this
3290 part, subject always to the supervision and control of the
3291 authority. Members of the authority may be removed from their
3292 office by the Governor for misconduct, malfeasance, misfeasance,
3293 or nonfeasance in office.
3294 (b) Members of the authority are shall be entitled to
3295 receive from the authority their travel and other necessary
3296 expenses incurred in connection with the business of the
3297 authority as provided in s. 112.061, but may not they shall draw
3298 no salaries or other compensation.
3299 Section 63. Section 348.754, Florida Statutes, is amended
3300 to read:
3301 348.754 Purposes and powers.—
3302 (1)(a) The authority created and established under by the
3303 provisions of this part is hereby granted and has shall have the
3304 right to acquire, hold, construct, improve, maintain, operate,
3305 own, and lease in the capacity of lessor, the Central Florida
3306 Orlando-Orange County Expressway System, hereinafter referred to
3307 as “system.” Except as otherwise specifically provided by law,
3308 including paragraph (2)(n), the area served by the authority
3309 shall be within the geographical boundaries of Orange, Seminole,
3310 Lake, and Osceola Counties.
3311 (b) It is the express intention of this part that said
3312 authority, In the construction of the Central Florida said
3313 Orlando-Orange County Expressway System, the authority may shall
3314 be authorized to construct any extensions, additions, or
3315 improvements to the said system or appurtenant facilities,
3316 including all necessary approaches, roads, bridges, and avenues
3317 of access, rapid transit, trams, fixed guideways, thoroughfares,
3318 and boulevards with any such changes, modifications, or
3319 revisions of the said project which are as shall be deemed
3320 desirable and proper.
3321 (c) Notwithstanding any provision of this part to the
3322 contrary, to ensure the continued financial feasibility of the
3323 portion of the Wekiva Parkway to be constructed by the
3324 department, the authority may not, without the prior consent of
3325 the secretary of the department, construct an extension,
3326 addition, or improvement to the expressway system in Lake
3327 County.
3328 (2) The authority is hereby granted, and shall have and may
3329 exercise all powers necessary, appurtenant, convenient, or
3330 incidental to the implementation carrying out of the stated
3331 aforesaid purposes, including, but not without being limited to,
3332 the following rights and powers:
3333 (a) To sue and be sued, implead and be impleaded, complain
3334 and defend in all courts.
3335 (b) To adopt, use, and alter at will a corporate seal.
3336 (c) To acquire by donation or otherwise, purchase, hold,
3337 lease as lessee, and use any franchise or any, property, real,
3338 personal, or mixed, or tangible or intangible, or any options
3339 thereof in its own name or in conjunction with others, or
3340 interest in those options therein, necessary or desirable to
3341 carry for carrying out the purposes of the authority, and to
3342 sell, lease as lessor, transfer, and dispose of any property or
3343 interest in the property therein at any time acquired by it.
3344 (d) To enter into and make leases for terms not exceeding
3345 99 40 years, as either lessee or lessor, in order to carry out
3346 the right to lease as specified set forth in this part.
3347 (e) To enter into and make lease-purchase agreements with
3348 the department for terms not exceeding 40 years, or until any
3349 bonds secured by a pledge of rentals pursuant to the agreement
3350 thereunder, and any refundings pursuant to the agreement
3351 thereof, are fully paid as to both principal and interest,
3352 whichever is longer. The authority is a party to a lease
3353 purchase agreement between the department and the authority
3354 dated December 23, 1985, as supplemented by a first supplement
3355 to the lease-purchase agreement dated November 25, 1986, and a
3356 second supplement to the lease-purchase agreement dated October
3357 27, 1988. The authority may not enter into other lease-purchase
3358 agreements with the department and may not amend the existing
3359 agreement in a manner that expands or increases the department’s
3360 obligations unless the department determines that the agreement
3361 or amendment is necessary to permit the refunding of bonds
3362 issued before July 1, 2012.
3363 (f) To fix, alter, charge, establish, and collect rates,
3364 fees, rentals, and other charges for the services and facilities
3365 of the Central Florida Orlando-Orange County Expressway System,
3366 which must rates, fees, rentals and other charges shall always
3367 be sufficient to comply with any covenants made with the holders
3368 of any bonds issued pursuant to this part; provided, however,
3369 that such right and power may be assigned or delegated, by the
3370 authority, to the department. Toll revenues attributable to an
3371 increase in the toll rates charged on or after July 1, 2014, for
3372 the use of a facility or portion of a facility may not be used
3373 to construct or expand a different facility unless a two-thirds
3374 majority of the members of the authority votes to approve such
3375 use. This requirement does not apply if, and to the extent that:
3376 1. Application of the requirement would violate any
3377 covenant established in a resolution or trust indenture under
3378 which bonds were issued by the Orlando-Orange County Expressway
3379 Authority on or before July 1, 2014; or
3380 2. Application of the requirement would cause the authority
3381 to be unable to meet its obligations under the terms of the
3382 memorandum of understanding between the authority and the
3383 department as ratified by the Orlando-Orange County Expressway
3384 Authority board on February 22, 2012.
3385
3386 Notwithstanding s. 338.165, and except as otherwise prohibited
3387 by this part, to the extent revenues of the expressway system
3388 exceed amounts required to comply with any covenants made with
3389 the holders of bonds issued pursuant to this part, revenues may
3390 be used for purposes enumerated in subsection (6), if the
3391 expenditures are consistent with the metropolitan planning
3392 organization’s adopted long-range plan.
3393 (g) To borrow money, make and issue negotiable notes,
3394 bonds, refunding bonds, and other evidences of indebtedness or
3395 obligations, either in temporary or definitive form, hereinafter
3396 in this chapter sometimes called “bonds” of the authority, for
3397 the purpose of financing all or part of the improvement or
3398 extension of the Central Florida Orlando-Orange County
3399 Expressway System, and appurtenant facilities, including all
3400 approaches, streets, roads, bridges, and avenues of access for
3401 the Central Florida said Orlando-Orange County Expressway System
3402 and for any other purpose authorized by this part, said bonds to
3403 mature in not exceeding 40 years from the date of the issuance
3404 thereof, and to secure the payment of such bonds or any part
3405 thereof by a pledge of any or all of its revenues, rates, fees,
3406 rentals, or other charges, including all or any portion of the
3407 Orange County gasoline tax funds received by the authority
3408 pursuant to the terms of any lease-purchase agreement between
3409 the authority and the department; and in general to provide for
3410 the security of the said bonds and the rights and remedies of
3411 the holders thereof. Provided, However, that no portion of the
3412 Orange County gasoline tax funds may shall be pledged for the
3413 construction of any project for which a toll is to be charged
3414 unless the anticipated toll is tolls are reasonably estimated by
3415 the board of county commissioners, at the date of its resolution
3416 pledging the said funds, to be sufficient to cover the principal
3417 and interest of such obligations during the period when the said
3418 pledge of funds is shall be in effect. The bonds issued under
3419 this paragraph must mature not more than 40 years after their
3420 issue date.
3421 1. The authority shall reimburse Orange County for any sums
3422 expended from the said gasoline tax funds used for the payment
3423 of such obligations. Any gasoline tax funds so disbursed must
3424 shall be repaid when the authority deems it practicable,
3425 together with interest at the highest rate applicable to any
3426 obligations of the authority.
3427 2. If, pursuant to this section, In the event the authority
3428 funds shall determine to fund or refunds refund any bonds
3429 previously theretofore issued by the said authority, or the by
3430 said commission before the bonds mature as aforesaid prior to
3431 the maturity thereof, the proceeds of such funding or refunding
3432 must bonds shall, pending the prior redemption of these the
3433 bonds to be funded or refunded, be invested in direct
3434 obligations of the United States, and it is the express
3435 intention of this part that such outstanding bonds may be funded
3436 or refunded by the issuance of bonds pursuant to this part.
3437 (h) To make contracts of every name and nature, including,
3438 but not limited to, partnerships providing for participation in
3439 ownership and revenues, and to execute all instruments necessary
3440 or convenient for conducting the carrying on of its business.
3441 (i) Notwithstanding paragraphs (a)-(h), Without limitation
3442 of the foregoing, to borrow money and accept grants from, and to
3443 enter into contracts, leases, or other transactions with any
3444 federal agency, the state, any agency of the state, the County
3445 of Orange, the City of Orlando, or with any other public body of
3446 the state.
3447 (j) To have the power of eminent domain, including the
3448 procedural powers granted under both chapters 73 and 74.
3449 (k) To pledge, hypothecate, or otherwise encumber all or
3450 any part of the revenues, rates, fees, rentals, or other charges
3451 or receipts of the authority, including all or any portion of
3452 the Orange County gasoline tax funds received by the authority
3453 pursuant to the terms of any lease-purchase agreement between
3454 the authority and the department, as security for all or any of
3455 the obligations of the authority.
3456 (l) To enter into partnership and other agreements
3457 respecting ownership and revenue participation in order to
3458 facilitate financing and constructing the Western Beltway, or
3459 portions thereof.
3460 (m) To do everything all acts and things necessary or
3461 convenient for the conduct of its business and the general
3462 welfare of the authority, in order to comply with carry out the
3463 powers granted to it by this part or any other law.
3464 (n) With the consent of the county within whose
3465 jurisdiction the following activities occur, the authority shall
3466 have the right to construct, operate, and maintain roads,
3467 bridges, avenues of access, transportation facilities,
3468 thoroughfares, and boulevards outside the jurisdictional
3469 boundaries of Orange, Seminole, Lake, and Osceola Counties
3470 County, together with the right to construct, repair, replace,
3471 operate, install, and maintain electronic toll payment systems
3472 thereon, with all necessary and incidental powers to accomplish
3473 the foregoing.
3474 (3) The authority does not shall have the no power at any
3475 time or in any manner to pledge the credit or taxing power of
3476 the state or any political subdivision or agency thereof,
3477 including any city and any county the City of Orlando and the
3478 County of Orange, nor may nor shall any of the authority’s
3479 obligations be deemed to be obligations of the state or of any
3480 political subdivision or agency thereof, nor may nor shall the
3481 state or any political subdivision or agency thereof, except the
3482 authority, be liable for the payment of the principal of or
3483 interest on such obligations.
3484 (4) Anything in this part to the contrary notwithstanding,
3485 acquisition of right-of-way for a project of the authority which
3486 is within the boundaries of any municipality in Orange County
3487 shall not be begun unless and until the route of said project
3488 within said municipality has been given prior approval by the
3489 governing body of said municipality.
3490 (4)(5) The authority has shall have no power other than by
3491 consent of an affected Orange county or any affected city, to
3492 enter into any agreement which would legally prohibit the
3493 construction of a any road by the respective county or city
3494 Orange County or by any city within Orange County.
3495 (5) The authority shall encourage the inclusion of local-,
3496 small-, minority-, and women-owned businesses in its procurement
3497 and contracting opportunities.
3498 (6)(a) The authority may, within the right-of-way of the
3499 expressway system, finance or refinance the planning, design,
3500 acquisition, construction, extension, rehabilitation, equipping,
3501 preservation, maintenance, or improvement of an intermodal
3502 facility or facilities, a multimodal corridor or corridors, or
3503 any programs or projects that will improve the levels of service
3504 on the expressway system Notwithstanding s. 255.05, the Orlando
3505 Orange County Expressway Authority may waive payment and
3506 performance bonds on construction contracts for the construction
3507 of a public building, for the prosecution and completion of a
3508 public work, or for repairs on a public building or public work
3509 that has a cost of $500,000 or less and when the project is
3510 awarded pursuant to an economic development program for the
3511 encouragement of local small businesses that has been adopted by
3512 the governing body of the Orlando-Orange County Expressway
3513 Authority pursuant to a resolution or policy.
3514 (b) The authority’s adopted criteria for participation in
3515 the economic development program for local small businesses
3516 requires that a participant:
3517 1. Be an independent business.
3518 2. Be principally domiciled in the Orange County Standard
3519 Metropolitan Statistical Area.
3520 3. Employ 25 or fewer full-time employees.
3521 4. Have gross annual sales averaging $3 million or less
3522 over the immediately preceding 3 calendar years with regard to
3523 any construction element of the program.
3524 5. Be accepted as a participant in the Orlando-Orange
3525 County Expressway Authority’s microcontracts program or such
3526 other small business program as may be hereinafter enacted by
3527 the Orlando-Orange County Expressway Authority.
3528 6. Participate in an educational curriculum or technical
3529 assistance program for business development that will assist the
3530 small business in becoming eligible for bonding.
3531 (c) The authority’s adopted procedures for waiving payment
3532 and performance bonds on projects with values not less than
3533 $200,000 and not exceeding $500,000 shall provide that payment
3534 and performance bonds may only be waived on projects that have
3535 been set aside to be competitively bid on by participants in an
3536 economic development program for local small businesses. The
3537 authority’s executive director or his or her designee shall
3538 determine whether specific construction projects are suitable
3539 for:
3540 1. Bidding under the authority’s microcontracts program by
3541 registered local small businesses; and
3542 2. Waiver of the payment and performance bond.
3543
3544 The decision of the authority’s executive director or deputy
3545 executive director to waive the payment and performance bond
3546 shall be based upon his or her investigation and conclusion that
3547 there exists sufficient competition so that the authority
3548 receives a fair price and does not undertake any unusual risk
3549 with respect to such project.
3550 (d) For any contract for which a payment and performance
3551 bond has been waived pursuant to the authority set forth in this
3552 section, the Orlando-Orange County Expressway Authority shall
3553 pay all persons defined in s. 713.01 who furnish labor,
3554 services, or materials for the prosecution of the work provided
3555 for in the contract to the same extent and upon the same
3556 conditions that a surety on the payment bond under s. 255.05
3557 would have been obligated to pay such persons if the payment and
3558 performance bond had not been waived. The authority shall record
3559 notice of this obligation in the manner and location that surety
3560 bonds are recorded. The notice shall include the information
3561 describing the contract that s. 255.05(1) requires be stated on
3562 the front page of the bond. Notwithstanding that s. 255.05(9)
3563 generally applies when a performance and payment bond is
3564 required, s. 255.05(9) shall apply under this subsection to any
3565 contract on which performance or payment bonds are waived and
3566 any claim to payment under this subsection shall be treated as a
3567 contract claim pursuant to s. 255.05(9).
3568 (e) A small business that has been the successful bidder on
3569 six projects for which the payment and performance bond was
3570 waived by the authority pursuant to paragraph (a) shall be
3571 ineligible to bid on additional projects for which the payment
3572 and performance bond is to be waived. The local small business
3573 may continue to participate in other elements of the economic
3574 development program for local small businesses as long as it is
3575 eligible.
3576 (f) The authority shall conduct bond eligibility training
3577 for businesses qualifying for bond waiver under this subsection
3578 to encourage and promote bond eligibility for such businesses.
3579 (g) The authority shall prepare a biennial report on the
3580 activities undertaken pursuant to this subsection to be
3581 submitted to the Orange County legislative delegation. The
3582 initial report shall be due December 31, 2010.
3583 Section 64. Section 348.7543, Florida Statutes, is amended
3584 to read:
3585 348.7543 Improvements, bond financing authority for.
3586 Pursuant to s. 11(f), Art. VII of the State Constitution, the
3587 Legislature hereby approves for bond financing by the Central
3588 Florida Orlando-Orange County Expressway Authority improvements
3589 to toll collection facilities, interchanges to the legislatively
3590 approved expressway system, and any other facility appurtenant,
3591 necessary, or incidental to the approved system. Subject to
3592 terms and conditions of applicable revenue bond resolutions and
3593 covenants, such costs may be financed in whole or in part by
3594 revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether
3595 currently issued or issued in the future, or by a combination of
3596 such bonds.
3597 Section 65. Section 348.7544, Florida Statutes, is amended
3598 to read:
3599 348.7544 Northwest Beltway Part A, construction authorized;
3600 financing.—Notwithstanding s. 338.2275, the Central Florida
3601 Orlando-Orange County Expressway Authority may is hereby
3602 authorized to construct, finance, operate, own, and maintain
3603 that portion of the Western Beltway known as the Northwest
3604 Beltway Part A, extending from Florida’s Turnpike near Ocoee
3605 north to U.S. 441 near Apopka, as part of the authority’s 20
3606 year capital projects plan. This project may be financed with
3607 any funds available to the authority for such purpose or revenue
3608 bonds issued by the Division of Bond Finance of the State Board
3609 of Administration on behalf of the authority pursuant to s. 11,
3610 Art. VII of the State Constitution and the State Bond Act, ss.
3611 215.57-215.83.
3612 Section 66. Section 348.7545, Florida Statutes, is amended
3613 to read:
3614 348.7545 Western Beltway Part C, construction authorized;
3615 financing.—Notwithstanding s. 338.2275, the Central Florida
3616 Orlando-Orange County Expressway Authority may is authorized to
3617 exercise its condemnation powers, construct, finance, operate,
3618 own, and maintain that portion of the Western Beltway known as
3619 the Western Beltway Part C, extending from Florida’s Turnpike
3620 near Ocoee in Orange County southerly through Orange and Osceola
3621 Counties to an interchange with I-4 near the Osceola-Polk County
3622 line, as part of the authority’s 20-year capital projects plan.
3623 This project may be financed with any funds available to the
3624 authority for such purpose or revenue bonds issued by the
3625 Division of Bond Finance of the State Board of Administration on
3626 behalf of the authority pursuant to s. 11, Art. VII of the State
3627 Constitution and the State Bond Act, ss. 215.57-215.83. This
3628 project may be refinanced with bonds issued by the authority
3629 pursuant to s. 348.755(1)(d).
3630 Section 67. Section 348.7546, Florida Statutes, is amended
3631 to read:
3632 348.7546 Wekiva Parkway, construction authorized;
3633 financing.—
3634 (1) The Central Florida Orlando-Orange County Expressway
3635 Authority may is authorized to exercise its condemnation powers
3636 and to construct, finance, operate, own, and maintain those
3637 portions of the Wekiva Parkway which are identified by agreement
3638 between the authority and the department and which are included
3639 as part of the authority’s long-range capital improvement plan.
3640 The “Wekiva Parkway” means any limited access highway or
3641 expressway constructed between State Road 429 and Interstate 4
3642 specifically incorporating the corridor alignment recommended by
3643 Recommendation 2 of the Wekiva River Basin Area Task Force final
3644 report dated January 15, 2003, and the recommendations of the SR
3645 429 Working Group, which were adopted January 16, 2004. This
3646 project may be financed with any funds available to the
3647 authority for such purpose or revenue bonds issued by the
3648 authority under s. 11, Art. VII of the State Constitution and s.
3649 348.755(1)(b). This section does not invalidate the exercise by
3650 the authority of its condemnation powers or the acquisition of
3651 any property for the Wekiva Parkway before July 1, 2012.
3652 (2) Notwithstanding any other provision of law to the
3653 contrary, in order to ensure that funds are available to the
3654 department for its portion of the Wekiva Parkway, beginning July
3655 1, 2012, the authority shall repay the expenditures by the
3656 department for costs of operation and maintenance of the Central
3657 Florida Orlando-Orange County Expressway System in accordance
3658 with the terms of the memorandum of understanding between the
3659 authority and the department as ratified by the authority board
3660 on February 22, 2012, which requires the authority to pay the
3661 department $10 million on July 1, 2012, and $20 million on each
3662 successive July 1 until the department has been fully reimbursed
3663 for all costs of the Central Florida Orlando-Orange County
3664 Expressway System which were paid, advanced, or reimbursed to
3665 the authority by the department, with a final payment in the
3666 amount of the balance remaining. Notwithstanding any other law
3667 to the contrary, the funds paid to the department pursuant to
3668 this subsection must shall be allocated by the department for
3669 construction of the Wekiva Parkway.
3670 (3) The department’s obligation to construct its portions
3671 of the Wekiva Parkway is contingent upon the timely payment by
3672 the authority of the annual payments required of the authority
3673 and receipt of all required environmental permits and approvals
3674 by the Federal Government.
3675 Section 68. Section 348.7547, Florida Statutes, is amended
3676 to read:
3677 348.7547 Maitland Boulevard Extension and Northwest Beltway
3678 Part A Realignment construction authorized; financing.
3679 Notwithstanding s. 338.2275, the Central Florida Orlando-Orange
3680 County Expressway Authority may is hereby authorized to exercise
3681 its condemnation powers, construct, finance, operate, own, and
3682 maintain the portion of State Road 414 known as the Maitland
3683 Boulevard Extension and the realigned portion of the Northwest
3684 Beltway Part A as part of the authority’s long-range capital
3685 improvement plan. The Maitland Boulevard Extension extends will
3686 extend from the current terminus of State Road 414 at U.S. 441
3687 west to State Road 429 in west Orange County. The realigned
3688 portion of the Northwest Beltway Part A runs will run from the
3689 point at or near where the Maitland Boulevard Extension connects
3690 will connect with State Road 429 and proceeds will proceed to
3691 the west and then north resulting in the northern terminus of
3692 State Road 429 moving farther west before reconnecting with U.S.
3693 441. However, under no circumstances may shall the realignment
3694 of the Northwest Beltway Part A conflict with or contradict with
3695 the alignment of the Wekiva Parkway as defined in s. 348.7546.
3696 This project may be financed with any funds available to the
3697 authority for such purpose or revenue bonds issued by the
3698 authority under s. 11, Art. VII of the State Constitution and s.
3699 348.755(1)(b).
3700 Section 69. Subsections (2) and (3) of section 348.755,
3701 Florida Statutes, are amended to read:
3702 348.755 Bonds of the authority.—
3703 (2) Any such resolution that authorizes or resolutions
3704 authorizing any bonds issued under this section hereunder may
3705 contain provisions that must which shall be part of the contract
3706 with the holders of such bonds, relating as to:
3707 (a) The pledging of all or any part of the revenues, rates,
3708 fees, rentals, (including all or any portion of the Orange
3709 County gasoline tax funds received by the authority pursuant to
3710 the terms of any lease-purchase agreement between the authority
3711 and the department, or any part thereof), or other charges or
3712 receipts of the authority, derived by the authority, from the
3713 Central Florida Orlando-Orange County Expressway System.
3714 (b) The completion, improvement, operation, extension,
3715 maintenance, repair, lease or lease-purchase agreement of the
3716 said system, and the duties of the authority and others,
3717 including the department, with reference thereto.
3718 (c) Limitations on the purposes to which the proceeds of
3719 the bonds, then or thereafter to be issued, or of any loan or
3720 grant by the United States or the state may be applied.
3721 (d) The fixing, charging, establishing, and collecting of
3722 rates, fees, rentals, or other charges for use of the services
3723 and facilities of the Central Florida Orlando-Orange County
3724 Expressway System or any part thereof.
3725 (e) The setting aside of reserves or sinking funds or
3726 repair and replacement funds and the regulation and disposition
3727 thereof.
3728 (f) Limitations on the issuance of additional bonds.
3729 (g) The terms and provisions of any lease-purchase
3730 agreement, deed of trust or indenture securing the bonds, or
3731 under which the same may be issued.
3732 (h) Any other or additional agreements with the holders of
3733 the bonds which the authority may deem desirable and proper.
3734 (3) The authority may employ fiscal agents as provided by
3735 this part or the State Board of Administration of Florida may
3736 upon request of the authority act as fiscal agent for the
3737 authority in the issuance of any bonds that which may be issued
3738 pursuant to this part, and the State Board of Administration may
3739 upon request of the authority take over the management, control,
3740 administration, custody, and payment of any or all debt services
3741 or funds or assets now or hereafter available for any bonds
3742 issued pursuant to this part. The authority may enter into any
3743 deeds of trust, indentures or other agreements with its fiscal
3744 agent, or with any bank or trust company within or without the
3745 state, as security for such bonds, and may, under such
3746 agreements, sign and pledge all or any of the revenues, rates,
3747 fees, rentals or other charges or receipts of the authority,
3748 including all or any portion of the Orange County gasoline tax
3749 funds received by the authority pursuant to the terms of any
3750 lease-purchase agreement between the authority and the
3751 department, thereunder. Such deed of trust, indenture, or other
3752 agreement may contain such provisions as are customary in such
3753 instruments, or, as the authority may authorize, including but
3754 without limitation, provisions as to:
3755 (a) The completion, improvement, operation, extension,
3756 maintenance, repair, and lease of, or lease-purchase agreement
3757 relating to the Central Florida Orlando-Orange County Expressway
3758 System, and the duties of the authority and others including the
3759 department, with reference thereto.
3760 (b) The application of funds and the safeguarding of funds
3761 on hand or on deposit.
3762 (c) The rights and remedies of the trustee and the holders
3763 of the bonds.
3764 (d) The terms and provisions of the bonds or the
3765 resolutions authorizing the issuance of same.
3766 Section 70. Subsections (3) and (4) of section 348.756,
3767 Florida Statutes, are amended to read:
3768 348.756 Remedies of the bondholders.—
3769 (3) When a Any trustee is when appointed pursuant to
3770 subsection (1) as aforesaid, or is acting under a deed of trust,
3771 indenture, or other agreement, and whether or not all bonds have
3772 been declared due and payable, the trustee is shall be entitled
3773 as of right to the appointment of a receiver, who may enter upon
3774 and take possession of the Central Florida Orlando-Orange County
3775 Expressway System or the facilities or any part of the system or
3776 facilities or parts thereof, the rates, fees, rentals, or other
3777 revenues, charges, or receipts that from which are, or may be,
3778 applicable to the payment of the bonds so in default, and
3779 subject to and in compliance with the provisions of any lease
3780 purchase agreement between the authority and the department
3781 operate and maintain the same, for and on behalf of and in the
3782 name of, the authority, the department, and the bondholders, and
3783 collect and receive all rates, fees, rentals, and other charges
3784 or receipts or revenues arising therefrom in the same manner as
3785 the authority or the department might do, and shall deposit all
3786 such moneys in a separate account and apply the same in such
3787 manner as the court directs shall direct. In any suit, action,
3788 or proceeding by the trustee, the fees, counsel fees, and
3789 expenses of the trustee, and the said receiver, if any, and all
3790 costs and disbursements allowed by the court must shall be a
3791 first charge on any rates, fees, rentals, or other charges,
3792 revenues, or receipts, derived from the Central Florida Orlando
3793 Orange County Expressway System, or the facilities or services
3794 or any part of the system or facilities or parts thereof,
3795 including payments under any such lease-purchase agreement as
3796 aforesaid which said rates, fees, rentals, or other charges,
3797 revenues, or receipts shall or may be applicable to the payment
3798 of the bonds that are so in default. The Such trustee has shall,
3799 in addition to the foregoing, have and possess all of the powers
3800 necessary or appropriate for the exercise of any functions
3801 specifically set forth in this section herein or incident to the
3802 representation of the bondholders in the enforcement and
3803 protection of their rights.
3804 (4) Nothing in This section or any other section of this
3805 part does not shall authorize any receiver appointed pursuant
3806 hereto for the purpose, subject to and in compliance with the
3807 provisions of any lease-purchase agreement between the authority
3808 and the department, of operating and maintaining the Central
3809 Florida Orlando-Orange County Expressway System or any
3810 facilities or part of the system or facilities or parts thereof,
3811 to sell, assign, mortgage, or otherwise dispose of any of the
3812 assets of whatever kind and character belonging to the
3813 authority. It is the intention of this part to limit The powers
3814 of the such receiver, subject to and in compliance with the
3815 provisions of any lease-purchase agreement between the authority
3816 and the department, are limited to the operation and maintenance
3817 of the Central Florida Orlando-Orange County Expressway System,
3818 or any facility, or part or parts thereof, as the court may
3819 direct, in the name and for and on behalf of the authority, the
3820 department, and the bondholders, and no holder of bonds on the
3821 authority nor any trustee, has shall ever have the right in any
3822 suit, action, or proceeding at law or in equity, to compel a
3823 receiver, nor may shall any receiver be authorized or any court
3824 be empowered to direct the receiver to sell, assign, mortgage,
3825 or otherwise dispose of any assets of whatever kind or character
3826 belonging to the authority.
3827 Section 71. Subsections (1) through (7) of section 348.757,
3828 Florida Statutes, are amended to read:
3829 348.757 Lease-purchase agreement.—
3830 (1) In order to effectuate the purposes of this part and as
3831 authorized by this part, The authority may enter into a lease
3832 purchase agreement with the department relating to and covering
3833 the former Orlando-Orange County Expressway System.
3834 (2) The Such lease-purchase agreement must shall provide
3835 for the leasing of the former Orlando-Orange County Expressway
3836 System, by the authority, as lessor, to the department, as
3837 lessee, must shall prescribe the term of such lease and the
3838 rentals to be paid thereunder, and must shall provide that upon
3839 the completion of the faithful performance thereunder and the
3840 termination of the such lease-purchase agreement, title in fee
3841 simple absolute to the former Orlando-Orange County Expressway
3842 System as then constituted shall be transferred in accordance
3843 with law by the authority, to the state and the authority shall
3844 deliver to the department such deeds and conveyances as shall be
3845 necessary or convenient to vest title in fee simple absolute in
3846 the state.
3847 (3) The Such lease-purchase agreement may include such
3848 other provisions, agreements, and covenants that as the
3849 authority and the department deem advisable or required,
3850 including, but not limited to, provisions as to the bonds to be
3851 issued under, and for the purposes of, this part, the
3852 completion, extension, improvement, operation, and maintenance
3853 of the former Orlando-Orange County Expressway System and the
3854 expenses and the cost of operation of the said authority, the
3855 charging and collection of tolls, rates, fees, and other charges
3856 for the use of the services and facilities of the system
3857 thereof, the application of federal or state grants or aid that
3858 which may be made or given to assist the authority in the
3859 completion, extension, improvement, operation, and maintenance
3860 of the former Orlando-Orange County Orlando Expressway System,
3861 which the authority is hereby authorized to accept and apply to
3862 such purposes, the enforcement of payment and collection of
3863 rentals and any other terms, provisions, or covenants necessary,
3864 incidental, or appurtenant to the making of and full performance
3865 under the such lease-purchase agreement.
3866 (4) The department as lessee under the such lease-purchase
3867 agreement, may is hereby authorized to pay as rentals under the
3868 agreement thereunder any rates, fees, charges, funds, moneys,
3869 receipts, or income accruing to the department from the
3870 operation of the former Orlando-Orange County Expressway System
3871 and the Orange County gasoline tax funds and may also pay as
3872 rentals any appropriations received by the department pursuant
3873 to any act of the Legislature of the state heretofore or
3874 hereafter enacted; provided, however, this part or the that
3875 nothing herein nor in such lease-purchase agreement is not
3876 intended to and does not nor shall this part or such lease
3877 purchase agreement require the making or continuance of such
3878 appropriations, and nor shall any holder of bonds issued
3879 pursuant to this part does not ever have any right to compel the
3880 making or continuance of such appropriations.
3881 (5) A No pledge of the said Orange County gasoline tax
3882 funds as rentals under a such lease-purchase agreement may not
3883 shall be made without the consent of the County of Orange
3884 evidenced by a resolution duly adopted by the board of county
3885 commissioners of said county at a public hearing held pursuant
3886 to due notice thereof published at least once a week for 3
3887 consecutive weeks before the hearing in a newspaper of general
3888 circulation in Orange County. The Said resolution, among other
3889 things, must shall provide that any excess of the said pledged
3890 gasoline tax funds which is not required for debt service or
3891 reserves for the such debt service for any bonds issued by the
3892 said authority shall be returned annually to the department for
3893 distribution to Orange County as provided by law. Before making
3894 any application for a such pledge of gasoline tax funds, the
3895 authority shall present the plan of its proposed project to the
3896 Orange County planning and zoning commission for its comments
3897 and recommendations.
3898 (6) The Said department may shall have power to covenant in
3899 any lease-purchase agreement that it will pay all or any part of
3900 the cost of the operation, maintenance, repair, renewal, and
3901 replacement of the said system, and any part of the cost of
3902 completing the said system to the extent that the proceeds of
3903 bonds issued therefor are insufficient, from sources other than
3904 the revenues derived from the operation of the said system and
3905 the said Orange County gasoline tax funds. The said department
3906 may also agree to make such other payments from any moneys
3907 available to the said commission, the said county, or the said
3908 city in connection with the construction or completion of the
3909 said system as shall be deemed by the said department to be fair
3910 and proper under any such covenants heretofore or hereafter
3911 entered into.
3912 (7) The said system must shall be a part of the state road
3913 system and the said department may is hereby authorized, upon
3914 the request of the authority, to expend out of any funds
3915 available for the purpose the such moneys, and to use such of
3916 its engineering and other forces, as may be necessary and
3917 desirable in the judgment of said department, for the operation
3918 of the said authority and for traffic surveys, borings, surveys,
3919 preparation of plans and specifications, estimates of cost, and
3920 other preliminary engineering and other studies; provided,
3921 however, that the aggregate amount of moneys expended for the
3922 said purposes by the said department do shall not exceed the sum
3923 of $375,000.
3924 Section 72. Section 348.758, Florida Statutes, is amended
3925 to read:
3926 348.758 Appointment of department as may be appointed agent
3927 of authority for construction.—The department may be appointed
3928 by the said authority as its agent for the purpose of
3929 constructing improvements and extensions to the Central Florida
3930 Orlando-Orange County Expressway System and for its the
3931 completion thereof. In such event, the authority shall provide
3932 the department with complete copies of all documents,
3933 agreements, resolutions, contracts, and instruments relating
3934 thereto and shall request the department to do such construction
3935 work, including the planning, surveying, and actual construction
3936 of the completion, extensions, and improvements to the Central
3937 Florida Orlando-Orange County Expressway System and shall
3938 transfer to the credit of an account of the department in the
3939 State Treasury of the state the necessary funds, therefor and
3940 the department may shall thereupon be authorized, empowered and
3941 directed to proceed with such construction and to use the said
3942 funds for such purpose in the same manner that it is now
3943 authorized to use the funds otherwise provided by law for the
3944 its use in construction of roads and bridges.
3945 Section 73. Section 348.759, Florida Statutes, is amended
3946 to read:
3947 348.759 Acquisition of lands and property.—
3948 (1) For the purposes of this part, the Central Florida
3949 Orlando-Orange County Expressway Authority may acquire private
3950 or public property and property rights, including rights of
3951 access, air, view, and light, by gift, devise, purchase, or
3952 condemnation by eminent domain proceedings, as the authority
3953 deems may deem necessary for any of the purposes of this part,
3954 including, but not limited to, any lands reasonably necessary
3955 for securing applicable permits, areas necessary for management
3956 of access, borrow pits, drainage ditches, water retention areas,
3957 rest areas, replacement access for landowners whose access is
3958 impaired due to the construction of a facility, and replacement
3959 rights-of-way for relocated rail and utility facilities; for
3960 existing, proposed, or anticipated transportation facilities on
3961 the Central Florida Orlando-Orange County Expressway System or
3962 in a transportation corridor designated by the authority; or for
3963 the purposes of screening, relocation, removal, or disposal of
3964 junkyards and scrap metal processing facilities. The authority
3965 may shall also have the power to condemn any material and
3966 property necessary for such purposes.
3967 (2) The right of eminent domain herein conferred shall be
3968 exercised by the authority shall exercise the right of eminent
3969 domain in the manner provided by law.
3970 (3) When the authority acquires property for a
3971 transportation facility or in a transportation corridor, it is
3972 not subject to any liability imposed by chapter 376 or chapter
3973 403 for preexisting soil or groundwater contamination due solely
3974 to its ownership. This section does not affect the rights or
3975 liabilities of any past or future owners of the acquired
3976 property and nor does not it affect the liability of any
3977 governmental entity for the results of its actions which create
3978 or exacerbate a pollution source. The authority and the
3979 Department of Environmental Protection may enter into
3980 interagency agreements for the performance, funding, and
3981 reimbursement of the investigative and remedial acts necessary
3982 for property acquired by the authority.
3983 Section 74. Section 348.760, Florida Statutes, is amended
3984 to read:
3985 348.760 Cooperation with other units, boards, agencies, and
3986 individuals.—A Express authority and power is hereby given and
3987 granted any county, municipality, drainage district, road and
3988 bridge district, school district or any other political
3989 subdivision, board, commission, or individual in, or of, the
3990 state may to make and enter into with the authority, contracts,
3991 leases, conveyances, partnerships, or other agreements pursuant
3992 to within the provisions and purposes of this part. The
3993 authority may is hereby expressly authorized to make and enter
3994 into contracts, leases, conveyances, partnerships, and other
3995 agreements with any political subdivision, agency, or
3996 instrumentality of the state and any and all federal agencies,
3997 corporations, and individuals, for the purpose of carrying out
3998 the provisions of this part or with the consent of the Seminole
3999 County Expressway Authority, for the purpose of carrying out and
4000 implementing part VIII of this chapter.
4001 Section 75. Section 348.761, Florida Statutes, is amended
4002 to read:
4003 348.761 Covenant of the state.—The state pledges does
4004 hereby pledge to, and agrees, with any person, firm or
4005 corporation, or federal or state agency subscribing to, or
4006 acquiring the bonds to be issued by the authority for the
4007 purposes of this part that the state will not limit or alter the
4008 rights that are hereby vested in the authority and the
4009 department until all issued bonds and interest at any time
4010 issued, together with the interest thereon, are fully paid and
4011 discharged insofar as the pledge same affects the rights of the
4012 holders of bonds issued pursuant to this part hereunder. The
4013 state does further pledge to, and agree, with the United States
4014 that in the event any federal agency constructs or contributes
4015 shall construct or contribute any funds for the completion,
4016 extension, or improvement of the Central Florida Orlando-Orange
4017 County Expressway System, or any part or portion of the system
4018 thereof, the state will not alter or limit the rights and powers
4019 of the authority and the department in any manner that which
4020 would be inconsistent with the continued maintenance and
4021 operation of the Central Florida Orlando-Orange County
4022 Expressway System or the completion, extension, or improvement
4023 of the system thereof, or that which would be inconsistent with
4024 the due performance of any agreements between the authority and
4025 any such federal agency, and the authority and the department
4026 shall continue to have and may exercise all powers herein
4027 granted in this part, so long as the powers are same shall be
4028 necessary or desirable for the carrying out of the purposes of
4029 this part and the purposes of the United States in the
4030 completion, extension, or improvement of the Central Florida
4031 Orlando-Orange County Expressway System, or any part of the
4032 system or portion thereof.
4033 Section 76. Section 348.765, Florida Statutes, is amended
4034 to read:
4035 348.765 This part complete and additional authority.—
4036 (1) The powers conferred by this part are shall be in
4037 addition and supplemental to the existing powers of the said
4038 board and the department, and this part may shall not be
4039 construed as repealing any of the provisions, of any other law,
4040 general, special, or local, but to supersede such other laws in
4041 the exercise of the powers provided in this part, and to provide
4042 a complete method for the exercise of the powers granted in this
4043 part. The extension and improvement of the Central Florida said
4044 Orlando-Orange County Expressway System, and the issuance of
4045 bonds pursuant to this part hereunder to finance all or part of
4046 the cost of the system thereof, may be accomplished upon
4047 compliance with the provisions of this part without regard to or
4048 necessity for compliance with the provisions, limitations, or
4049 restrictions contained in any other general, special, or local
4050 law, including, but not limited to, s. 215.821, and no approval
4051 of any bonds issued under this part by the qualified electors or
4052 qualified electors who are freeholders in the state or in the
4053 said County of Orange, or in the said City of Orlando, or in any
4054 other political subdivision of the state, is shall be required
4055 for the issuance of such bonds pursuant to this part.
4056 (2) This part does shall not be deemed to repeal, rescind,
4057 or modify any other law or laws relating to the said State Board
4058 of Administration, the said Department of Transportation, or the
4059 Division of Bond Finance of the State Board of Administration,
4060 but supersedes any shall be deemed to and shall supersede such
4061 other law that is or laws as are inconsistent with the
4062 provisions of this part, including, but not limited to, s.
4063 215.821.
4064 Section 77. Subsections (6) and (7) of section 369.317,
4065 Florida Statutes, are amended to read:
4066 369.317 Wekiva Parkway.—
4067 (6) The Central Florida Orlando-Orange County Expressway
4068 Authority is hereby granted the authority to act as a third
4069 party acquisition agent, pursuant to s. 259.041 on behalf of the
4070 Board of Trustees or chapter 373 on behalf of the governing
4071 board of the St. Johns River Water Management District, for the
4072 acquisition of all necessary lands, property and all interests
4073 in property identified herein, including fee simple or less
4074 than-fee simple interests. The lands subject to this authority
4075 are identified in paragraph 10.a., State of Florida, Office of
4076 the Governor, Executive Order 03-112 of July 1, 2003, and in
4077 Recommendation 16 of the Wekiva Basin Area Task Force created by
4078 Executive Order 2002-259, such lands otherwise known as
4079 Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
4080 Lake Counties within Sections 27, 28, 33, and 34 of Township 19
4081 South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
4082 South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
4083 parcel located in Lake County within Section 37, Township 19
4084 South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
4085 Lake County within Sections 23, 25, 26, 35, and 36, Township 19
4086 South, Range 28 East; Pine Plantation, a 617+/-acre tract
4087 consisting of eight individual parcels within the Apopka City
4088 limits. The Department of Transportation, the Department of
4089 Environmental Protection, the St. Johns River Water Management
4090 District, and other land acquisition entities shall participate
4091 and cooperate in providing information and support to the third
4092 party acquisition agent. The land acquisition process authorized
4093 by this paragraph shall begin no later than December 31, 2004.
4094 Acquisition of the properties identified as Neighborhood Lakes,
4095 Pine Plantation, and New Garden Coal, or approval as a
4096 mitigation bank shall be concluded no later than December 31,
4097 2010. Department of Transportation and Central Florida Orlando
4098 Orange County Expressway Authority funds expended to purchase an
4099 interest in those lands identified in this subsection shall be
4100 eligible as environmental mitigation for road construction
4101 related impacts in the Wekiva Study Area. If any of the lands
4102 identified in this subsection are used as environmental
4103 mitigation for road-construction-related impacts incurred by the
4104 Department of Transportation or Central Florida Orlando-Orange
4105 County Expressway Authority, or for other impacts incurred by
4106 other entities, within the Wekiva Study Area or within the
4107 Wekiva parkway alignment corridor, and if the mitigation offsets
4108 these impacts, the St. Johns River Water Management District and
4109 the Department of Environmental Protection shall consider the
4110 activity regulated under part IV of chapter 373 to meet the
4111 cumulative impact requirements of s. 373.414(8)(a).
4112 (a) Acquisition of the land described in this section is
4113 required to provide right-of-way for the Wekiva Parkway, a
4114 limited access roadway linking State Road 429 to Interstate 4,
4115 an essential component in meeting regional transportation needs
4116 to provide regional connectivity, improve safety, accommodate
4117 projected population and economic growth, and satisfy critical
4118 transportation requirements caused by increased traffic volume
4119 growth and travel demands.
4120 (b) Acquisition of the lands described in this section is
4121 also required to protect the surface water and groundwater
4122 resources of Lake, Orange, and Seminole counties, otherwise
4123 known as the Wekiva Study Area, including recharge within the
4124 springshed that provides for the Wekiva River system. Protection
4125 of this area is crucial to the long term viability of the Wekiva
4126 River and springs and the central Florida region’s water supply.
4127 Acquisition of the lands described in this section is also
4128 necessary to alleviate pressure from growth and development
4129 affecting the surface and groundwater resources within the
4130 recharge area.
4131 (c) Lands acquired pursuant to this section that are needed
4132 for transportation facilities for the Wekiva Parkway shall be
4133 determined not necessary for conservation purposes pursuant to
4134 ss. 253.034(6) and 373.089(5) and shall be transferred to or
4135 retained by the Central Florida Orlando-Orange County Expressway
4136 Authority or the Department of Transportation upon reimbursement
4137 of the full purchase price and acquisition costs.
4138 (7) The Department of Transportation, the Department of
4139 Environmental Protection, the St. Johns River Water Management
4140 District, Central Florida Orlando-Orange County Expressway
4141 Authority, and other land acquisition entities shall cooperate
4142 and establish funding responsibilities and partnerships by
4143 agreement to the extent funds are available to the various
4144 entities. Properties acquired with Florida Forever funds shall
4145 be in accordance with s. 259.041 or chapter 373. The Central
4146 Florida Orlando-Orange County Expressway Authority shall acquire
4147 land in accordance with this section of law to the extent funds
4148 are available from the various funding partners, but shall not
4149 be required nor assumed to fund the land acquisition beyond the
4150 agreement and funding provided by the various land acquisition
4151 entities.
4152 Section 78. Subsection (1) of section 369.324, Florida
4153 Statutes, is amended to read:
4154 369.324 Wekiva River Basin Commission.—
4155 (1) The Wekiva River Basin Commission is created to monitor
4156 and ensure the implementation of the recommendations of the
4157 Wekiva River Basin Coordinating Committee for the Wekiva Study
4158 Area. The East Central Florida Regional Planning Council shall
4159 provide staff support to the commission with funding assistance
4160 from the Department of Economic Opportunity. The commission
4161 shall be comprised of a total of 18 19 members appointed by the
4162 Governor, 9 of whom shall be voting members and 9 10 shall be ad
4163 hoc nonvoting members. The voting members shall include:
4164 (a) One member of each of the Boards of County
4165 Commissioners for Lake, Orange, and Seminole Counties.
4166 (b) One municipal elected official to serve as a
4167 representative of the municipalities located within the Wekiva
4168 Study Area of Lake County.
4169 (c) One municipal elected official to serve as a
4170 representative of the municipalities located within the Wekiva
4171 Study Area of Orange County.
4172 (d) One municipal elected official to serve as a
4173 representative of the municipalities located within the Wekiva
4174 Study Area of Seminole County.
4175 (e) One citizen representing an environmental or
4176 conservation organization, one citizen representing a local
4177 property owner, a land developer, or an agricultural entity, and
4178 one at-large citizen who shall serve as chair of the council.
4179 (f) The ad hoc nonvoting members shall include one
4180 representative from each of the following entities:
4181 1. St. Johns River Management District.
4182 2. Department of Economic Opportunity.
4183 3. Department of Environmental Protection.
4184 4. Department of Health.
4185 5. Department of Agriculture and Consumer Services.
4186 6. Fish and Wildlife Conservation Commission.
4187 7. Department of Transportation.
4188 8. MetroPlan Orlando.
4189 9. Central Florida Orlando-Orange County Expressway
4190 Authority.
4191 10. Seminole County Expressway Authority.
4192 Section 79. (1) Effective upon the completion of
4193 construction of the Poinciana Parkway, a limited access facility
4194 of approximately 9 miles in length in Osceola County with its
4195 northwestern terminus at the intersection of County Road 54 and
4196 US 17/US 92 and its southeastern terminus at the current
4197 intersection of Rhododendron and Cypress Parkway, described in
4198 the Osceola County Expressway Authority May 8, 2012, Master
4199 Plan, all powers, governance, and control of the Osceola County
4200 Expressway System, created pursuant to part V, chapter 348,
4201 Florida Statutes, is transferred to the Central Florida
4202 Expressway Authority, and the assets, liabilities, facilities,
4203 tangible and intangible property and any rights in the property,
4204 and any other legal rights of the Osceola County Expressway
4205 Authority are transferred to the Central Florida Expressway
4206 Authority. The effective date of such transfer shall be extended
4207 until completion of construction of such portions of the
4208 Southport Connector Expressway, the Northeast Connector
4209 Expressway, such portions of the Poinciana Parkway to connect to
4210 State Road 429, and the Osceola Parkway Extension, as each is
4211 described in the Osceola County Expressway Authority May 8,
4212 2012, Master Plan, which are included in any design contract
4213 executed by the Osceola County Expressway Authority before July
4214 1, 2019. Part V of chapter 348, Florida Statutes, consisting of
4215 ss. 348.9950–348.9961, is repealed on the same date that the
4216 Osceola County Expressway System is transferred to the Central
4217 Florida Expressway Authority.
4218 (2) The Central Florida Expressway Authority shall also
4219 reimburse any and all obligations of any other governmental
4220 entities with respect to the Osceola County Expressway System,
4221 including any obligations of Osceola County with respect to
4222 operations and maintenance of the Osceola County Expressway
4223 System and any loan repayment obligations, including repayment
4224 obligations with respect to State Infrastructure Bank loans.
4225 Such reimbursement shall be made from revenues available for
4226 such purpose after payment of all amounts required:
4227 (a) Otherwise by law;
4228 (b) By the terms of any resolution authorizing the issuance
4229 of bonds by the authority, the Orlando-Orange County Expressway
4230 Authority, or the Osceola County Expressway Authority;
4231 (c) By the terms of any resolution under which bonds are
4232 issued by Osceola County for the purpose of constructing
4233 improvements to the Osceola County Expressway System; and
4234 (d) By the terms of the memorandum of understanding between
4235 the Orlando-Orange County Expressway Authority and the
4236 department as ratified by the board of the Orlando-Orange County
4237 Expressway Authority on February 22, 2012.
4238 Section 80. Section 373.4137, Florida Statutes, is amended
4239 to read:
4240 373.4137 Mitigation requirements for specified
4241 transportation projects.—
4242 (1) The Legislature finds that environmental mitigation for
4243 the impact of transportation projects proposed by the Department
4244 of Transportation or a transportation authority established
4245 pursuant to chapter 348 or chapter 349 can be more effectively
4246 achieved by regional, long-range mitigation planning rather than
4247 on a project-by-project basis. It is the intent of the
4248 Legislature that mitigation to offset the adverse effects of
4249 these transportation projects be funded by the Department of
4250 Transportation and be carried out by the use of mitigation banks
4251 and any other mitigation options that satisfy state and federal
4252 requirements in a manner that promotes efficiency, timeliness in
4253 project delivery, and cost-effectiveness.
4254 (2) Environmental impact inventories for transportation
4255 projects proposed by the Department of Transportation or a
4256 transportation authority established pursuant to chapter 348 or
4257 chapter 349 shall be developed as follows:
4258 (a) By July 1 of each year, the Department of
4259 Transportation, or a transportation authority established
4260 pursuant to chapter 348 or chapter 349 which chooses to
4261 participate in the program, shall submit to the water management
4262 districts a list of its projects in the adopted work program and
4263 an environmental impact inventory of habitat impacts and the
4264 anticipated amount of mitigation needed to offset impacts as
4265 described in paragraph (b). The environmental impact inventory
4266 must be based on habitats addressed in the rules adopted
4267 pursuant to this part, and s. 404 of the Clean Water Act, 33
4268 U.S.C. s. 1344, and which may be impacted by the Department of
4269 Transportation’s its plan of construction for transportation
4270 projects in the next 3 years of the tentative work program. The
4271 Department of Transportation or a transportation authority
4272 established pursuant to chapter 348 or chapter 349 may also
4273 include in its environmental impact inventory the habitat
4274 impacts and the anticipated amount of mitigation needed for of
4275 any future transportation project. The Department of
4276 Transportation and each transportation authority established
4277 pursuant to chapter 348 or chapter 349 may fund any mitigation
4278 activities for future projects using current year funds.
4279 (b) The environmental impact inventory must shall include a
4280 description of these habitat impacts, including their location,
4281 acreage, and type; the anticipated amount of mitigation needed
4282 based on the functional loss as determined through the Uniform
4283 Mitigation Assessment Method (UMAM) adopted in Chapter 62-345,
4284 F.A.C.; identification of the proposed mitigation option; state
4285 water quality classification of impacted wetlands and other
4286 surface waters; any other state or regional designations for
4287 these habitats; and a list of threatened species, endangered
4288 species, and species of special concern affected by the proposed
4289 project.
4290 (c) Before projects are identified for inclusion in a water
4291 management district mitigation plan as described in subsection
4292 (4), the Department of Transportation must consider using
4293 credits from a permitted mitigation bank. The Department of
4294 Transportation must consider availability of suitable and
4295 sufficient mitigation bank credits within the transportation
4296 project’s area, ability to satisfy commitments to regulatory and
4297 resource agencies, availability of suitable and sufficient
4298 mitigation purchased or developed through this section, ability
4299 to complete existing water management district or Department of
4300 Environmental Protection suitable mitigation sites initiated
4301 with Department of Transportation mitigation funds, and ability
4302 to satisfy state and federal requirements including long-term
4303 maintenance and liability.
4304 (3)(a) To implement the mitigation option fund development
4305 and implementation of the mitigation plan for the projected
4306 impacts identified in the environmental impact inventory
4307 described in subsection (2), the Department of Transportation
4308 may purchase credits for current and future use directly from a
4309 mitigation bank; purchase mitigation services through the water
4310 management districts or the Department of Environmental
4311 Protection; conduct its own mitigation; or use other mitigation
4312 options that meet state and federal requirements. shall identify
4313 funds quarterly in an escrow account within the State
4314 Transportation Trust Fund for the environmental mitigation phase
4315 of projects budgeted by Funding for the identified mitigation
4316 option as described in the environmental impact inventory must
4317 be included in the Department of Transportation’s work program
4318 developed pursuant to s. 339.135 for the current fiscal year.
4319 The escrow account shall be maintained by the Department of
4320 Transportation for the benefit of the water management
4321 districts. Any interest earnings from the escrow account shall
4322 remain with the Department of Transportation. The amount
4323 programmed each year by the Department of Transportation and
4324 participating transportation authorities established pursuant to
4325 chapter 348 or chapter 349 must correspond to an estimated cost
4326 per credit of $150,000 multiplied by the projected number of
4327 credits identified in the environmental impact inventory
4328 described in subsection (2). This estimated cost per credit will
4329 be adjusted every 2 years by the Department of Transportation
4330 based on the average cost per UMAM credit paid through this
4331 section.
4332 (b) Each transportation authority established pursuant to
4333 chapter 348 or chapter 349 that chooses to participate in this
4334 program shall create an escrow account within its financial
4335 structure and deposit funds in the account to pay for the
4336 environmental mitigation phase of projects budgeted for the
4337 current fiscal year. The escrow account shall be maintained by
4338 the authority for the benefit of the water management districts.
4339 Any interest earnings from the escrow account shall remain with
4340 the authority.
4341 (c) For mitigation implemented by the water management
4342 district or the Department of Environmental Protection, as
4343 appropriate, the amount paid each year must be based on
4344 mitigation services provided by the water management districts
4345 or Department of Environmental Protection pursuant to an
4346 approved water management district plan, as described in
4347 subsection (4). Except for current mitigation projects in the
4348 monitoring and maintenance phase and except as allowed by
4349 paragraph (d), The water management districts or the Department
4350 of Environmental Protection, as appropriate, may request payment
4351 a transfer of funds from an escrow account no sooner than 30
4352 days before the date the funds are needed to pay for activities
4353 associated with development or implementation of the permitted
4354 mitigation meeting the requirements pursuant to this part, 33
4355 U.S.C. s. 1344, and 33 C.F.R. s. 332, in the approved mitigation
4356 plan described in subsection (4) for the current fiscal year,
4357 including, but not limited to, design, engineering, production,
4358 and staff support. Actual conceptual plan preparation costs
4359 incurred before plan approval may be submitted to the Department
4360 of Transportation or the appropriate transportation authority
4361 each year with the plan. The conceptual plan preparation costs
4362 of each water management district will be paid from mitigation
4363 funds associated with the environmental impact inventory for the
4364 current year. The amount transferred to the escrow accounts each
4365 year by the Department of Transportation and participating
4366 transportation authorities established pursuant to chapter 348
4367 or chapter 349 shall correspond to a cost per acre of $75,000
4368 multiplied by the projected acres of impact identified in the
4369 environmental impact inventory described in subsection (2).
4370 However, the $75,000 cost per acre does not constitute an
4371 admission against interest by the state or its subdivisions and
4372 is not admissible as evidence of full compensation for any
4373 property acquired by eminent domain or through inverse
4374 condemnation. Each July 1, the cost per acre shall be adjusted
4375 by the percentage change in the average of the Consumer Price
4376 Index issued by the United States Department of Labor for the
4377 most recent 12-month period ending September 30, compared to the
4378 base year average, which is the average for the 12-month period
4379 ending September 30, 1996. Each quarter, the projected amount of
4380 mitigation must acreage of impact shall be reconciled with the
4381 actual amount of mitigation needed for acreage of impact of
4382 projects as permitted, including permit modifications, pursuant
4383 to this part and s. 404 of the Clean Water Act, 33 U.S.C. s.
4384 1344. The subject year’s programming transfer of funds shall be
4385 adjusted accordingly to reflect the mitigation acreage of
4386 impacts as permitted. The Department of Transportation and
4387 participating transportation authorities established pursuant to
4388 chapter 348 or chapter 349 are authorized to transfer such funds
4389 from the escrow accounts to the water management districts to
4390 carry out the mitigation programs. Environmental mitigation
4391 funds that are identified for or maintained in an escrow account
4392 for the benefit of a water management district may be released
4393 if the associated transportation project is excluded in whole or
4394 part from the mitigation plan. For a mitigation project that is
4395 in the maintenance and monitoring phase, the water management
4396 district may request and receive a one-time payment based on the
4397 project’s expected future maintenance and monitoring costs. If
4398 the water management district excludes a project from an
4399 approved water management district mitigation plan, cannot
4400 timely permit a mitigation site to offset the impacts of a
4401 Department of Transportation project identified in the
4402 environmental impact inventory, or if the proposed mitigation
4403 does not meet state and federal requirements, the Department of
4404 Transportation may use the associated funds for the purchase of
4405 mitigation bank credits or any other mitigation option that
4406 satisfies state and federal requirements. Upon final
4407 disbursement of the final maintenance and monitoring payment for
4408 mitigation of a transportation project as permitted, the
4409 obligation of the Department of Transportation or the
4410 participating transportation authority is satisfied and the
4411 water management district or the Department of Environmental
4412 Protection, as appropriate, will have continuing responsibility
4413 for the mitigation project, the escrow account for the project
4414 established by the Department of Transportation or the
4415 participating transportation authority may be closed. Any
4416 interest earned on these disbursed funds shall remain with the
4417 water management district and must be used as authorized under
4418 this section.
4419 (d) Beginning with the March 2014 water management district
4420 mitigation plans, in the 2005-2006 fiscal year, each water
4421 management district or the Department of Environmental
4422 Protection, as appropriate, shall invoice the Department of
4423 Transportation for mitigation services to offset only the
4424 impacts of a Department of Transportation project identified in
4425 the environmental impact inventory, including planning, design,
4426 construction, maintenance and monitoring, and other costs
4427 necessary to meet requirements pursuant to this section, 33
4428 U.S.C. s. 1344, and 33 C.F.R. s. 332 be paid a lump-sum amount
4429 of $75,000 per acre, adjusted as provided under paragraph (c),
4430 for federally funded transportation projects that are included
4431 on the environmental impact inventory and that have an approved
4432 mitigation plan. Beginning in the 2009-2010 fiscal year, each
4433 water management district shall be paid a lump-sum amount of
4434 $75,000 per acre, adjusted as provided under paragraph (c), for
4435 federally funded and nonfederally funded transportation projects
4436 that have an approved mitigation plan. All mitigation costs,
4437 including, but not limited to, the costs of preparing conceptual
4438 plans and the costs of design, construction, staff support,
4439 future maintenance, and monitoring the mitigated acres shall be
4440 funded through these lump-sum amounts. If the water management
4441 district identifies the use of mitigation bank credits to offset
4442 a Department of Transportation impact, the water management
4443 district shall exclude that purchase from the mitigation plan,
4444 and the Department of Transportation must purchase the bank
4445 credits.
4446 (e) For mitigation activities occurring on existing water
4447 management district or Department of Environmental Protection
4448 mitigation sites initiated with Department of Transportation
4449 mitigation funds before July 1, 2013, the water management
4450 district or Department of Environmental Protection shall invoice
4451 the Department of Transportation or a participating
4452 transportation authority at a cost per acre of $75,000
4453 multiplied by the projected acres of impact as identified in the
4454 environmental impact inventory. The cost per acre must be
4455 adjusted by the percentage change in the average of the Consumer
4456 Price Index issued by the United States Department of Labor for
4457 the most recent 12-month period ending September 30, compared to
4458 the base year average, which is the average for the 12-month
4459 period ending September 30, 1996. When implementing the
4460 mitigation activities necessary to offset the permitted impacts
4461 as provided in the approved mitigation plan, the water
4462 management district shall maintain records of the costs incurred
4463 in implementing the mitigation. The records must include, but
4464 are not limited to, costs for planning, land acquisition,
4465 design, construction, staff support, long-term maintenance and
4466 monitoring of the mitigation site, and other costs necessary to
4467 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332.
4468 (f) For purposes of preparing and implementing the
4469 mitigation plans to be adopted by the water management districts
4470 on or before March 1, 2013, for impacts based on the July 1,
4471 2012, environmental impact inventory, the funds identified in
4472 the Department of Transportation’s work program or participating
4473 transportation authorities’ escrow accounts must correspond to a
4474 cost per acre of $75,000 multiplied by the project acres of
4475 impact as identified in the environmental impact inventory. The
4476 cost per acre shall be adjusted by the percentage change in the
4477 average of the Consumer Price Index issued by the United States
4478 Department of Labor for the most recent 12-month period ending
4479 September 30, compared to the base year average, which is the
4480 average for the 12-month period ending September 30, 1996.
4481 Payment as provided under this paragraph is limited to those
4482 mitigation activities that are identified in the first year of
4483 the 2013 mitigation plan and for which the transportation
4484 project is permitted and is in the Department of
4485 Transportation’s adopted work program, or equivalent for a
4486 transportation authority. When implementing the mitigation
4487 activities necessary to offset the permitted impacts as provided
4488 in the approved mitigation plan, the water management district
4489 shall maintain records of the costs incurred in implementing the
4490 mitigation. The records must include, but are not limited to,
4491 costs for planning, land acquisition, design, construction,
4492 staff support, long-term maintenance and monitoring of the
4493 mitigation site, and other costs necessary to meet the
4494 requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. To the
4495 extent moneys paid to a water management district by the
4496 Department of Transportation or a participating transportation
4497 authority exceed the amount expended by the water management
4498 districts in implementing the mitigation to offset the permitted
4499 impacts, these funds must be refunded to the Department of
4500 Transportation or participating transportation authority. This
4501 paragraph expires June 30, 2014.
4502 (4) Before March 1 of each year, each water management
4503 district shall develop a mitigation plan to offset only the
4504 impacts of transportation projects in the environmental impact
4505 inventory for which a water management district is implementing
4506 mitigation that meets the requirements of this section, 33
4507 U.S.C. s. 1344, and 33 C.F.R. s. 332. The water management-
4508 district mitigation plan must be developed, in consultation with
4509 the Department of Environmental Protection, the United States
4510 Army Corps of Engineers, the Department of Transportation,
4511 participating transportation authorities established pursuant to
4512 chapter 348 or chapter 349, and other appropriate federal,
4513 state, and local governments, and other interested parties,
4514 including entities operating mitigation banks, shall develop a
4515 plan for the primary purpose of complying with the mitigation
4516 requirements adopted pursuant to this part and 33 U.S.C. s.
4517 1344. In developing such plans, the water management districts
4518 shall use sound ecosystem management practices to address
4519 significant water resource needs and consider shall focus on
4520 activities of the Department of Environmental Protection and the
4521 water management districts, such as surface water improvement
4522 and management (SWIM) projects and lands identified for
4523 potential acquisition for preservation, restoration, or
4524 enhancement, and the control of invasive and exotic plants in
4525 wetlands and other surface waters, to the extent that the
4526 activities comply with the mitigation requirements adopted under
4527 this part, and 33 U.S.C. s. 1344, and 33 C.F.R. s. 332. The
4528 water management district mitigation plan must identify each
4529 site where the water management district will mitigate for a
4530 transportation project. For each mitigation site, the water
4531 management district shall provide the scope of the mitigation
4532 services, provide the functional gain as determined through the
4533 UMAM per Chapter 62-345, F.A.C., describe how the mitigation
4534 offsets the impacts of each transportation project as permitted,
4535 and provide a schedule for the mitigation services. The water
4536 management districts shall maintain records of costs incurred
4537 and payments received for providing these services. Records must
4538 include, but are not limited to, planning, land acquisition,
4539 design, construction, staff support, long-term maintenance and
4540 monitoring of the mitigation site, and other costs necessary to
4541 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332.
4542 To the extent monies paid to a water management district by the
4543 Department of Transportation or a participating transportation
4544 authority exceed the amount expended by the water management
4545 districts in providing the mitigation services to offset the
4546 permitted transportation project impacts, these monies must be
4547 refunded to the Department of Transportation or participating
4548 transportation authority In determining the activities to be
4549 included in the plans, the districts shall consider the purchase
4550 of credits from public or private mitigation banks permitted
4551 under s. 373.4136 and associated federal authorization and shall
4552 include the purchase as a part of the mitigation plan when the
4553 purchase would offset the impact of the transportation project,
4554 provide equal benefits to the water resources than other
4555 mitigation options being considered, and provide the most cost
4556 effective mitigation option. The mitigation plan shall be
4557 submitted to the water management district governing board, or
4558 its designee, for review and approval. At least 14 days before
4559 approval by the governing board, the water management district
4560 shall provide a copy of the draft mitigation plan to the
4561 Department of Environmental Protection and any person who has
4562 requested a copy. Subsequent to governing board approval, the
4563 mitigation plan must be submitted to the Department of
4564 Environmental Protection for approval. The plan may not be
4565 implemented until it is submitted to and approved, in part or in
4566 its entirety, by the Department of Environmental Protection.
4567 (a) For each transportation project with a funding request
4568 for the next fiscal year, the mitigation plan must include a
4569 brief explanation of why a mitigation bank was or was not chosen
4570 as a mitigation option, including an estimation of identifiable
4571 costs of the mitigation bank and nonbank options and other
4572 factors such as time saved, liability for success of the
4573 mitigation, and long-term maintenance.
4574 (a)(b) Specific projects may be excluded from the
4575 mitigation plan, in whole or in part, and are not subject to
4576 this section upon the election of the Department of
4577 Transportation, a transportation authority if applicable, or the
4578 appropriate water management district. The Department of
4579 Transportation or a participating transportation authority may
4580 not exclude a transportation project from the mitigation plan
4581 when mitigation is scheduled for implementation by the water
4582 management district in the current fiscal year, except when the
4583 transportation project is removed from the Department of
4584 Transportation’s work program or transportation authority
4585 funding plan, the mitigation cannot be timely permitted to
4586 offset the impacts of a Department of Transportation project
4587 identified in the environmental impact inventory, or the
4588 proposed mitigation does not meet state and federal
4589 requirements. If a project is removed from the work program or
4590 the mitigation plan, costs expended by the water management
4591 district prior to removal are eligible for reimbursement by the
4592 Department of Transportation or participating transportation
4593 authority.
4594 (b)(c) When determining which projects to include in or
4595 exclude from the mitigation plan, the Department of
4596 Transportation shall investigate using credits from a permitted
4597 mitigation bank before those projects are submitted for
4598 inclusion in a water management district mitigation the plan.
4599 The investigation shall consider the cost-effectiveness of
4600 mitigation bank credits, including, but not limited to, factors
4601 such as time saved, transfer of liability for success of the
4602 mitigation, and long-term maintenance. The Department of
4603 Transportation shall exclude a project from the mitigation plan
4604 if the investigation undertaken pursuant to this paragraph
4605 results in the conclusion that the use of credits from a
4606 permitted mitigation bank promotes efficiency, timeliness in
4607 project delivery, cost-effectiveness, and transfer of liability
4608 for success and long-term maintenance.
4609 (5) The water management district shall ensure that
4610 mitigation requirements pursuant to 33 U.S.C. s. 1344 and 33
4611 C.F.R. s. 332 are met for the impacts identified in the
4612 environmental impact inventory for which the water management
4613 district will implement mitigation described in subsection (2),
4614 by implementation of the approved mitigation plan described in
4615 subsection (4) to the extent funding is provided by the
4616 Department of Transportation, or a transportation authority
4617 established pursuant to chapter 348 or chapter 349, if
4618 applicable. In developing and implementing the mitigation plan,
4619 the water management district shall comply with federal
4620 permitting requirements pursuant to 33 U.S.C. s. 1344 and 33
4621 C.F.R. s. 332. During the federal permitting process, the water
4622 management district may deviate from the approved mitigation
4623 plan in order to comply with federal permitting requirements
4624 upon notice and coordination with the Department of
4625 Transportation or participating transportation authority.
4626 (6) The water management district mitigation plans shall be
4627 updated annually to reflect the most current Department of
4628 Transportation work program and project list of a transportation
4629 authority established pursuant to chapter 348 or chapter 349, if
4630 applicable, and may be amended throughout the year to anticipate
4631 schedule changes or additional projects which may arise. Before
4632 amending the mitigation plan to include new projects, the
4633 Department of Transportation shall consider mitigation banks and
4634 other available mitigation options that meet state and federal
4635 requirements. Each update and amendment of the mitigation plan
4636 shall be submitted to the governing board of the water
4637 management district or its designee for approval. However, such
4638 approval shall not be applicable to a deviation as described in
4639 subsection (5).
4640 (7) Upon approval by the governing board of the water
4641 management district and the Department of Environmental
4642 Protection or its designee, the mitigation plan shall be deemed
4643 to satisfy the mitigation requirements under this part for
4644 impacts specifically identified in the environmental impact
4645 inventory described in subsection (2) and any other mitigation
4646 requirements imposed by local, regional, and state agencies for
4647 these same impacts. The approval of the governing board of the
4648 water management district or its designee and the Department of
4649 Environmental Protection shall authorize the activities proposed
4650 in the mitigation plan, and no other state, regional, or local
4651 permit or approval shall be necessary.
4652 (8) This section shall not be construed to eliminate the
4653 need for the Department of Transportation or a transportation
4654 authority established pursuant to chapter 348 or chapter 349 to
4655 comply with the requirement to implement practicable design
4656 modifications, including realignment of transportation projects,
4657 to reduce or eliminate the impacts of its transportation
4658 projects on wetlands and other surface waters as required by
4659 rules adopted pursuant to this part, or to diminish the
4660 authority under this part to regulate other impacts, including
4661 water quantity or water quality impacts, or impacts regulated
4662 under this part that are not identified in the environmental
4663 impact inventory described in subsection (2).
4664 (9) The process for environmental mitigation for the impact
4665 of transportation projects under this section shall be available
4666 to an expressway, bridge, or transportation authority
4667 established under chapter 348 or chapter 349. Use of this
4668 process may be initiated by an authority depositing the
4669 requisite funds into an escrow account set up by the authority
4670 and filing an environmental impact inventory with the
4671 appropriate water management district. An authority that
4672 initiates the environmental mitigation process established by
4673 this section shall comply with subsection (6) by timely
4674 providing the appropriate water management district with the
4675 requisite work program information. A water management district
4676 may draw down funds from the escrow account as provided in this
4677 section.
4678 Section 81. Section 373.618, Florida Statutes, is amended
4679 to read:
4680 373.618 Public service warnings, alerts, and
4681 announcements.—The Legislature believes it is in the public
4682 interest that each all water management district districts
4683 created pursuant to s. 373.069 own, acquire, develop, construct,
4684 operate, and manage public information systems. Public
4685 information systems may be located on property owned by the
4686 water management district, upon terms and conditions approved by
4687 the water management district, and must display messages to the
4688 general public concerning water management services, activities,
4689 events, and sponsors, as well as other public service
4690 announcements, including watering restrictions, severe weather
4691 reports, amber alerts, and other essential information needed by
4692 the public. Local government review or approval is not required
4693 for a public information system owned or hereafter acquired,
4694 developed, or constructed by the water management district on
4695 its own property. A public information system is exempt from the
4696 requirements of chapter 479; however, a public information
4697 system that is subject to the Highway Beautification Act of 1965
4698 must be approved by the Department of Transportation and the
4699 Federal Highway Administration if required by federal law and
4700 federal regulation under the agreement between the state and the
4701 United States Department of Transportation, and federal
4702 regulations enforced by the Department of Transportation under
4703 s. 479.02(1). Water management district funds may not be used to
4704 pay the cost to acquire, develop, construct, operate, or manage
4705 a public information system. Any necessary funds for a public
4706 information system shall be paid for and collected from private
4707 sponsors who may display commercial messages.
4708 Section 82. Subsection (3) of section 341.052, Florida
4709 Statutes, is amended to read:
4710 341.052 Public transit block grant program; administration;
4711 eligible projects; limitation.—
4712 (3) The following limitations shall apply to the use of
4713 public transit block grant program funds:
4714 (a) State participation in eligible capital projects shall
4715 be limited to 50 percent of the nonfederal share of such project
4716 costs.
4717 (b) State participation in eligible public transit
4718 operating costs may not exceed 50 percent of such costs or an
4719 amount equal to the total revenue, excluding farebox, charter,
4720 and advertising revenue and federal funds, received by the
4721 provider for operating costs, whichever amount is less.
4722 (c) No eligible public transit provider shall use public
4723 transit block grant funds to supplant local tax revenues made
4724 available to such provider for operations in the previous year;
4725 however, the Secretary of Transportation may waive this
4726 provision for public transit providers located in a county
4727 recovering from a state of emergency declared pursuant to part I
4728 of chapter 252.
4729 (d) Notwithstanding any law to the contrary, no eligible
4730 public transit provider shall use public transit block grant
4731 funds in pursuit of strategies or actions leading to or
4732 promoting the levying of new or additional taxes through public
4733 referenda. To the extent that a public transit provider uses
4734 other public funds in pursuit of strategies or actions leading
4735 to or promoting the levying of new or additional taxes through
4736 public referenda, the amount of the provider’s grant must be
4737 reduced by the same amount. As used in this paragraph, the term
4738 “public funds” means all moneys under the jurisdiction or
4739 control of a federal agency, the state, a county, or a
4740 municipality, including any district, authority, commission,
4741 board, or agency thereof for any public purpose.
4742 (e) The state may not give any county more than 39 percent
4743 of the funds available for distribution under this section or
4744 more than the amount that local revenue sources provide to that
4745 transit system.
4746 Section 83. The Florida Transportation Commission shall
4747 conduct a study of the potential for the state to obtain revenue
4748 from any parking meters or other parking time-limit devices that
4749 regulate designated parking spaces located within or along the
4750 right-of-way limits of a state road. The commission may retain
4751 such experts as are reasonably necessary to complete the study,
4752 and the department shall pay the expenses of such experts. On or
4753 before August 31, 2013, each municipality and county that
4754 receives revenue from any parking meters or other parking time
4755 limit devices that regulate designated parking spaces located
4756 within or along the right-of-way limits of a state road shall
4757 provide the commission a written inventory of the location of
4758 each such meter or device and the total revenue collected from
4759 such locations during the last 3 fiscal years. Each municipality
4760 and county shall at the same time inform the commission of any
4761 pledge or commitment by the municipality or county of such
4762 revenues to the payment of debt service on any bonds or other
4763 debt issued by the municipality or county. The commission shall
4764 consider the information provided by the municipalities and
4765 counties, together with such other matters as it deems
4766 appropriate, including, but not limited to, the use of variable
4767 rate parking, and shall develop policy recommendations regarding
4768 the manner and extent that revenues generated by regulating
4769 parking within the right-of-way limits of a state road may be
4770 allocated between the department and municipalities and
4771 counties. The commission shall develop specific recommendations
4772 concerning the allocation of revenues generated by meters or
4773 devices regulating such parking that were installed before July
4774 1, 2013, and the allocation of revenues that may be generated by
4775 meters or devices installed after that date. The commission
4776 shall complete the study and provide a written report of its
4777 findings and conclusions to the Governor, the President of the
4778 Senate, the Speaker of the House of Representatives, and the
4779 chairs of each of the appropriations committees of the
4780 Legislature by October 31, 2013.
4781 (2) The Legislature finds that preservation of the status
4782 quo pending the commission’s study and the Legislature’s review
4783 of the commission’s report is appropriate and desirable. From
4784 July 1, 2013, through July 1, 2014, a county or municipality may
4785 not install any parking meters or other parking time-limit
4786 devices that regulate designated parking spaces located within
4787 or along the right-of-way limits of a state road. This
4788 subsection does not prohibit the replacement of meters or
4789 similar devices installed before July 1, 2013, with new devices
4790 that regulate the same designated parking spaces.
4791 Section 84. Sale of used tires.—
4792 (1) It is unlawful for any used tire retailer in this state
4793 to sell unsafe used tires for the purpose of mounting on a
4794 vehicle as defined in s. 316.003, Florida Statutes. This section
4795 does not apply to a used tire retailer who sells used tires for
4796 recapping.
4797 (2) For purposes of this section, a used tire is considered
4798 unsafe if the tire:
4799 (a) Is worn to 2/32 of an inch tread depth or less on any
4800 area of the tread;
4801 (b) Has any damage exposing the reinforcing plies of the
4802 tire, including any cuts, cracks, bulges, punctures, scrapes, or
4803 wear;
4804 (c) Has had an improper repair including:
4805 1. Any repair made in the tread shoulder or belt edge area
4806 of the tire;
4807 2. Any puncture that has not been sealed or patched on the
4808 inside and repaired with a cured rubber stem through to the
4809 outside of the tire;
4810 3. A repair to the sidewall or bead area of the tire; or
4811 4. A puncture repair of damage larger than one-quarter of
4812 an inch;
4813 (d) Has evidence of prior use of a temporary tire sealant
4814 without evidence of a subsequent proper repair;
4815 (e) Has its tire identification number defaced or removed;
4816 (f) Has inner liner or bead damage; or
4817 (g) Has an indication of internal separation, such as
4818 bulges or local areas of irregular tread wear.
4819 (3) A person who violates this section commits an unfair
4820 and deceptive trade practice as defined in part II of chapter
4821 501, Florida Statutes.
4822 Section 85. Except as otherwise expressly provided in this
4823 act, this act shall take effect upon becoming law.