HB 1681

1	A bill to be entitled
2	An act relating to transportation; creating s. 311.115,
3	F.S.; requiring the Florida Seaport Transportation and
4	Economic Development Council to establish a matching funds
5	program for certain dredging projects; requiring the
6	adoption of rules and criteria for project evaluation;
7	requiring approved projects to be reviewed by the
8	Department of Community Affairs, the Department of
9	Transportation, and the Office of Tourism, Trade, and
10	Economic Development; amending s. 332.007, F.S.;
11	authorizing the department to fund certain eligible
12	aviation planning projects to be performed by not-for-
13	profit organizations representing a majority of public
14	airports; amending s. 337.11, F.S.; providing for
15	department contracts to use written work orders pursuant
16	to certain contingency items or supplemental agreements;
17	removing requirement for surety approval of supplemental
18	agreements; limiting liability of the surety when
19	unapproved contract changes exceed a certain amount;
20	providing purposes for the use of written work orders;
21	revising criteria for use of supplemental agreements in
22	department contracts; creating s. 337.195, F.S.;
23	specifying presumptions of proximate cause for
24	determination of liability in certain civil actions
25	against the department or its agents or its consultants or
26	contractors on certain transportation facilities when
27	death, personal injury, or property damage resulted from a
28	motor vehicle crash within a construction zone; limiting
29	liability under certain circumstances of a contractor who
30	constructed or repaired a highway, road, street, or bridge
31	for the department; limiting liability under certain
32	circumstances of a person or entity who contracts with the
33	department to prepare or provide engineering plans for
34	certain transportation facility projects; amending s.
35	337.251, F.S.; authorizing the department to adopt rules
36	governing the leasing of property for joint public-private
37	development; amending s. 337.406, F.S.; providing that
38	exceptions to prohibited uses of transportation facilities
39	shall not apply to limited access highways; amending s.
40	338.155, F.S.; providing that persons participating in the
41	funeral procession of a law enforcement officer or
42	firefighter killed in the line of duty are exempt from
43	paying tolls; amending s. 339.175, F.S.; requiring a
44	metropolitan planning organization to approve certain
45	plans and programs on a recorded roll call vote; providing
46	that modifications of certain plans and programs require a
47	recorded roll call vote for approval by a specified super
48	majority; amending s. 339.55, F.S.; establishing a limit
49	on state-funded infrastructure bank loans to the State
50	Transportation Trust Fund; amending s. 339.61, F.S.;
51	revising legislative intent for transportation facilities
52	comprising the Strategic Intermodal System; adding
53	economic development and job growth as criteria for
54	projects; amending s. 339.62, F.S.; adding planned
55	facilities meeting certain criteria and thresholds to
56	components of the Strategic Intermodal System; amending s.
57	339.64, F.S.; directing the Florida Transportation
58	Commission to include as part of its annual work program
59	review an assessment of the department's progress on the
60	Strategic Intermodal System; requiring an annual report;
61	directing the department to coordinate with federal,
62	regional, and local entities for transportation planning
63	impacting military installations; requiring the Strategic
64	Intermodal System Plan to include an assessment of the
65	impacts of proposed projects on military installations;
66	adding a military representative to the Governor's
67	appointees to the Statewide Intermodal Transportation
68	Advisory Council; creating part IV of chapter 343, F.S.,
69	titled the "Northwest Florida Transportation Corridor
70	Authority"; providing a popular name; providing
71	definitions; creating the Northwest Florida Transportation
72	Corridor Authority encompassing Escambia, Santa Rosa,
73	Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
74	Counties; providing for a governing body of the authority;
75	providing for membership, organization, purposes, and
76	powers of the authority; requiring a master plan;
77	providing for the U.S. 98 Corridor System; prohibiting
78	tolls on certain existing highways and other
79	transportation facilities within the corridor; providing
80	for procurement; providing bond financing authority for
81	improvements; providing for bonds of the authority;
82	providing for fiscal agents; providing that the State
83	Board of Administration may act as fiscal agent; providing
84	for certain financial agreements; providing for the rights
85	and remedies of bondholders; providing for a lease-
86	purchase agreement with the Department of Transportation;
87	providing the department may be appointed agent of the
88	authority for construction; providing for acquisition of
89	lands and property; providing for cooperation with other
90	units, boards, agencies, and individuals; providing for
91	public-private partnerships; providing covenant of the
92	state; providing for exemption from taxation; providing
93	for eligibility for investments and security; providing
94	that pledges shall be enforceable by bondholders;
95	providing for complete and additional statutory authority
96	for the department and other state agencies; amending s.
97	348.0003, F.S.; changing the membership of expressway
98	authority governing boards in certain counties; amending
99	s. 348.0004, F.S.; requiring notification to certain local
100	governmental entities and metropolitan planning
101	organizations by certain expressway authorities proposing
102	a toll increase or a new point of toll collection;
103	providing procedures for public notice and hearing prior
104	to implementation; creating part X of chapter 348, F.S.,
105	titled the "Osceola County Expressway Authority";
106	providing a popular name; providing definitions; creating
107	the authority as an agency of the state; providing for
108	membership, terms, organization, personnel, and
109	administration; providing purposes and powers for
110	construction, expansion, maintenance, improvement, and
111	operation of the Osceola County Expressway System;
112	providing for use of certain funds to pay obligations;
113	requiring consent of local jurisdiction for agreements
114	that would restrict construction of roads; providing for
115	bond financing of improvements to certain facilities;
116	providing for issuance of bonds; providing for rights and
117	remedies granted to bondholders; providing for appointment
118	of trustee to represent the bondholders; providing for
119	appointment of receiver to take possession of and operate
120	and maintain the system; providing for lease of the system
121	to the Department of Transportation under a lease-purchase
122	agreement; authorizing the department to act in place of
123	the authority under terms of the lease-purchase agreement;
124	requiring approval by the county for certain provisions of
125	the lease-purchase agreement; providing that the system is
126	part of the state road system; authorizing the department
127	to expend a limited amount of funds; providing for the
128	authority to appoint the department as its agent for
129	certain construction purposes; authorizing the authority
130	to acquire property; limiting liability of the authority
131	for contamination existing on an acquired property;
132	providing for remedial acts necessary due to such
133	contamination; authorizing agreements between the
134	authority and other entities; providing pledge of the
135	state to bondholders; exempting the authority from
136	taxation; providing for application and construction of
137	the part; amending s. 373.4137, F.S.; revising
138	requirements for projects intended to mitigate the adverse
139	effects of transportation projects; removing the
140	Department of Environmental Protection from the mitigation
141	process; revising requirements for the Department of
142	Transportation and transportation authorities with respect
143	to submitting plans and inventories; authorizing the use
144	of current-year funds for future projects; revising the
145	requirements for reconciling escrow accounts used to fund
146	mitigation projects; authorizing payments to a water
147	management district to fund the costs of future
148	maintenance and monitoring; requiring specified lump-sum
149	payments to be used for the mitigation costs of certain
150	projects; authorizing a governing board of a water
151	management district to approve the use of mitigation funds
152	for certain future projects; requiring that mitigation
153	plans be approved by the water management district rather
154	than the Department of Environmental Protection; directing
155	the Department of Transportation to select and fund a
156	consultant to perform a study of bicycle facilities on or
157	connected to the State Highway System; requiring the
158	results of the study to be presented to the Governor and
159	the Legislature; providing for management of the study by
160	the state Pedestrian and Bicycle Coordinator; providing
161	for inclusion of certain elements in the study; requiring
162	the study to include an implementation plan; providing an
163	effective date.
164
165	Be It Enacted by the Legislature of the State of Florida:
166
167	Section 1.  Section 311.115, Florida Statutes, is created
168	to read:
169	311.115  Dredging projects matching funds program.--
170	(1)  The Florida Seaport Transportation and Economic
171	Development Council shall establish a program to fund dredging
172	projects in counties having a population of less than 300,000
173	according to the last official census. Funds made available
174	under this program shall be used to fund approved projects for
175	dredging or deepening of channels, turning basins, or harbors.
176	Funding shall be on a 50-50 matching basis with any port
177	authority, as defined in s. 315.02(2), that complies with the
178	permitting requirements in part IV of chapter 373 and the local
179	financial management and reporting provisions of part III of
180	chapter 218.
181	(2)  The council shall adopt rules for evaluating projects
182	submitted for funding pursuant to this section and establish
183	criteria for evaluating the economic benefit of such projects.
184	The rules shall also establish and require an administrative
185	review process similar to the process contained in s. 311.09(5)-
186	(9) for projects approved for funding pursuant to this section
187	to be reviewed by the Department of Community Affairs, the
188	Department of Transportation, and the Office of Tourism, Trade,
189	and Economic Development.
190	Section 2.  Subsection (10) is added to section 332.007,
191	Florida Statutes, to read:
192	332.007  Administration and financing of aviation and
193	airport programs and projects; state plan.--
194	(10)  The department may also fund eligible projects
195	performed by not-for-profit organizations that represent a
196	majority of public airports in the state. Eligible projects may
197	include activities associated with aviation master planning,
198	professional education, safety and security planning, enhancing
199	economic development and efficiency at the state's airports, or
200	other planning efforts to improve the viability of the state's
201	airports.
202	Section 3.  Paragraphs (a) and (b) of subsection (8) of
203	section 337.11, Florida Statutes, are amended to read:
204	337.11  Contracting authority of department; bids;
205	emergency repairs, supplemental agreements, written work orders,
206	and change orders; combined design and construction contracts;
207	progress payments; records; requirements of vehicle
208	registration.--
209	(8)(a)  The department shall permit the use of written
210	supplemental agreements, written work orders pursuant to a
211	contingency pay item or contingency supplemental agreement, and
212	written change orders to any contract entered into by the
213	department. Any supplemental agreement shall be reduced to
214	written contract form, approved by the contractor's surety, and
215	executed by the contractor and the department. Any supplemental
216	agreement modifying any item in the original contract must be
217	approved by the head of the department, or his or her designee,
218	and executed by the appropriate person designated by him or her.
219	Any surety issuing a bond pursuant to s. 337.18 shall be fully
220	liable under such surety bond to the full extent of any modified
221	contract amount up to and including 25 percent over the original
222	contract amount, and without regard to the fact that the surety
223	was not aware of or approved such modifications. However, if
224	modifications of the original contract amount cumulatively
225	result in modifications of the contract amount in excess of 25
226	percent of the original contract amount, the surety's approval
227	shall be required to bind the surety under the bond on that
228	portion in excess of 25 percent of the original contract amount.
229	(b)  Supplemental agreements and written work orders
230	pursuant to a contingency pay item or contingency supplemental
231	agreement shall be used to clarify the plans and specifications
232	of a contract; to provide for major quantity differences which
233	result in the contractor's work effort exceeding the original
234	contract amount by more than 5 percent; to provide for
235	unforeseen work, grade changes, or alterations in plans which
236	could not reasonably have been contemplated or foreseen in the
237	original plans and specifications; to change the limits of
238	construction to meet field conditions; to provide a safe and
239	functional connection to an existing pavement; to settle
240	contract claims; and to make the project functionally
241	operational in accordance with the intent of the original
242	contract. Supplemental agreements may be used to expand the
243	physical limits of a project only to the extent necessary to
244	make the project functionally operational in accordance with the
245	intent of the original contract. The cost of any such agreement
246	extending the physical limits of a project shall not exceed
247	$100,000 or 10 percent of the original contract price, whichever
248	is greater.
249	Section 4.  Section 337.195, Florida Statutes, is created
250	to read:
251	337.195  Contractor liability; presumptions; limitation of
252	liability.--
253	(1)  In a civil action for the death of or injury to a
254	person, or for damage to property, against the Department of
255	Transportation or its agents, consultants, or contractors for
256	work performed on a highway, road, street, bridge, or other
257	transportation facility when the death, injury, or damage
258	resulted from a motor vehicle crash within a construction zone
259	in which a driver of a vehicle was under the influence of
260	alcoholic beverages as set forth in s. 316.193, under the
261	influence of any chemical substance as set forth in s. 877.111,
262	or illegally under the influence of any substance controlled
263	under chapter 893 to the extent that her or his normal faculties
264	were impaired, it is presumed that such driver's operation of
265	the vehicle was the sole proximate cause of her or his death,
266	injury, or damage. This presumption can be overcome if the gross
267	negligence or intentional misconduct of the Department of
268	Transportation or its agents, consultants, or contractors was a
269	proximate cause of the death, injury, or damage.
270	(2)  Once the Department of Transportation has rendered a
271	final acceptance of a completed roadway project, the contractor
272	who constructed or repaired the highway, road, street, or bridge
273	for the department is not liable to a claimant for personal
274	injury, property damage, or death arising from the performance
275	of the construction or repair if, at the time of final
276	acceptance by the department, the contractor was in compliance
277	with all contract documents, Department of Transportation
278	standards, and federal standards material to the condition or
279	defect that was a proximate cause of the personal injury,
280	property damage, or death. This section does not apply to a
281	hidden or undiscoverable condition created by the contractor.
282	(3)  In all cases involving personal injury, property
283	damage, or death, a person or entity that contracts to prepare
284	or provide engineering plans for the construction or repair of a
285	highway, road, street, bridge, or other transportation facility
286	for the Department of Transportation shall be presumed to have
287	prepared such engineering plans using the degree of care and
288	skill ordinarily exercised by other engineers in the field under
289	similar conditions and in similar localities and with due regard
290	for acceptable engineering standards and principles if the
291	engineering plans conformed to the Department of
292	Transportation's design standards material to the condition or
293	defect that was the proximate cause of the personal injury,
294	property damage, or death. Nothing in this subsection shall be
295	interpreted or construed to alter or affect any claim of the
296	Department of Transportation against such person or entity.
297	Section 5.  Subsection (10) is added to section 337.251,
298	Florida Statutes, to read:
299	337.251  Lease of property for joint public-private
300	development and areas above or below department property.--
301	(10)  The department may adopt rules to administer the
302	provisions of this section.
303	Section 6.  Subsection (1) of section 337.406, Florida
304	Statutes, is amended to read:
305	337.406  Unlawful use of state transportation facility
306	right-of-way; penalties.--
307	(1)  Except when leased as provided in s. 337.25(5) or
308	otherwise authorized by the rules of the department, it is
309	unlawful to make any use of the right-of-way of any state
310	transportation facility, including appendages thereto, outside
311	of an incorporated municipality in any manner that interferes
312	with the safe and efficient movement of people and property from
313	place to place on the transportation facility. Failure to
314	prohibit the use of right-of-way in this manner will endanger
315	the health, safety, and general welfare of the public by causing
316	distractions to motorists, unsafe pedestrian movement within
317	travel lanes, sudden stoppage or slowdown of traffic, rapid lane
318	changing and other dangerous traffic movement, increased
319	vehicular accidents, and motorist injuries and fatalities. Such
320	prohibited uses include, but are not limited to, the free
321	distribution or sale, or display or solicitation for free
322	distribution or sale, of any merchandise, goods, property or
323	services; the solicitation for charitable purposes; the
324	servicing or repairing of any vehicle, except the rendering of
325	emergency service; the storage of vehicles being serviced or
326	repaired on abutting property or elsewhere; and the display of
327	advertising of any sort, except that any portion of a state
328	transportation facility may be used for an art festival, parade,
329	fair, or other special event if permitted by the appropriate
330	local governmental entity. Within incorporated municipalities,
331	the local governmental entity may issue permits of limited
332	duration for the temporary use of the right-of-way of a state
333	transportation facility for any of these prohibited uses if it
334	is determined that the use will not interfere with the safe and
335	efficient movement of traffic and the use will cause no danger
336	to the public. Before a road on the State Highway System may be
337	temporarily closed for a special event, the local governmental
338	entity which permits the special event to take place must
339	determine that the temporary closure of the road is necessary
340	and must obtain the prior written approval for the temporary
341	road closure from the department. Nothing in this subsection
342	shall be construed to authorize such activities on any limited
343	access highway the Interstate Highway System. Local governmental
344	entities may, within their respective jurisdictions, initiate
345	enforcement action by the appropriate code enforcement authority
346	or law enforcement authority for a violation of this section.
347	Section 7.  Subsection (1) of section 338.155, Florida
348	Statutes, is amended to read:
349	338.155  Payment of toll on toll facilities required;
350	exemptions.--
351	(1)  No persons are permitted to use any toll facility
352	without payment of tolls, except employees of the agency
353	operating the toll project when using the toll facility on
354	official state business, state military personnel while on
355	official military business, handicapped persons as provided in
356	this section, persons exempt from toll payment by the
357	authorizing resolution for bonds issued to finance the facility,
358	and persons exempt on a temporary basis where use of such toll
359	facility is required as a detour route. Any law enforcement
360	officer operating a marked official vehicle is exempt from toll
361	payment when on official law enforcement business. Any person
362	operating a fire vehicle when on official business or a rescue
363	vehicle when on official business is exempt from toll payment.
364	Any person participating in the funeral procession of a law
365	enforcement officer or firefighter killed in the line of duty is
366	exempt from toll payment. The secretary, or the secretary's
367	designee, may suspend the payment of tolls on a toll facility
368	when necessary to assist in emergency evacuation. The failure to
369	pay a prescribed toll constitutes a noncriminal traffic
370	infraction, punishable as a moving violation pursuant to s.
371	318.18. The department is authorized to adopt rules relating to
372	guaranteed toll accounts.
373	Section 8.  Subsection (12) is added to section 339.175,
374	Florida Statutes, to read:
375	339.175  Metropolitan planning organization.--It is the
376	intent of the Legislature to encourage and promote the safe and
377	efficient management, operation, and development of surface
378	transportation systems that will serve the mobility needs of
379	people and freight within and through urbanized areas of this
380	state while minimizing transportation-related fuel consumption
381	and air pollution. To accomplish these objectives, metropolitan
382	planning organizations, referred to in this section as M.P.O.'s,
383	shall develop, in cooperation with the state and public transit
384	operators, transportation plans and programs for metropolitan
385	areas. The plans and programs for each metropolitan area must
386	provide for the development and integrated management and
387	operation of transportation systems and facilities, including
388	pedestrian walkways and bicycle transportation facilities that
389	will function as an intermodal transportation system for the
390	metropolitan area, based upon the prevailing principles provided
391	in s. 334.046(1). The process for developing such plans and
392	programs shall provide for consideration of all modes of
393	transportation and shall be continuing, cooperative, and
394	comprehensive, to the degree appropriate, based on the
395	complexity of the transportation problems to be addressed. To
396	ensure that the process is integrated with the statewide
397	planning process, M.P.O.'s shall develop plans and programs that
398	identify transportation facilities that should function as an
399	integrated metropolitan transportation system, giving emphasis
400	to facilities that serve important national, state, and regional
401	transportation functions. For the purposes of this section,
402	those facilities include the facilities on the Strategic
403	Intermodal System designated under s. 339.63.
404	(12)  VOTING REQUIREMENTS.--Each long-range transportation
405	plan required under subsection (6), each annually updated
406	transportation improvement program required under subsection
407	(7), and each annual unified planning work program required
408	under subsection (8) must be approved by each M.P.O. on a
409	recorded roll call vote of the membership present. Any proposed
410	modification of a transportation improvement program and the
411	annual unified planning work program that affects projects in
412	the first 3 years of such plan or program requires a recorded
413	super majority roll call vote of two-thirds of the M.P.O.
414	membership present and voting.
415	Section 9.  Subsection (2) of section 339.55, Florida
416	Statutes, is amended to read:
417	339.55  State-funded infrastructure bank.--
418	(2)  The bank may lend capital costs or provide credit
419	enhancements for a transportation facility project that is on
420	the State Highway System or that provides for increased mobility
421	on the state's transportation system or provides intermodal
422	connectivity with airports, seaports, rail facilities, and other
423	transportation terminals, pursuant to s. 341.053, for the
424	movement of people and goods. Loans from the bank may be
425	subordinated to senior project debt that has an investment grade
426	rating of "BBB" or higher. Notwithstanding any other provision
427	of law, the total outstanding state-funded infrastructure bank
428	loan repayments over the average term of the loan repayment
429	period, as needed to meet the requirements of the documents
430	authorizing the bonds issued or proposed to be issued under s.
431	215.617 to be paid from the State Transportation Trust Fund, may
432	not exceed 0.75 percent of the revenues deposited into the State
433	Transportation Trust Fund.
434	Section 10.  Section 339.61, Florida Statutes, is amended
435	to read:
436	339.61  Florida Strategic Intermodal System; legislative
437	findings, declaration, and intent.--
438	(1)  There is hereby created the Florida Strategic
439	Intermodal System. For purposes of funding projects under the
440	system, the department shall allocate from the State
441	Transportation Trust Fund in its program and resource plan a
442	minimum of $60 million each year, beginning in the 2004-2005
443	fiscal year. This allocation of funds is in addition to any
444	funding provided to this system by any other provision of law.
445	(2)  The Legislature finds that increasing demands are
446	continuing to be placed on the state's transportation system by
447	a fast-growing economy, continued population growth, and
448	projected increases in freight movement, international trade,
449	and tourism. The Legislature also finds that the state's growing
450	regional and intercity economic centers will increase the demand
451	for interregional and intercity travel and that the evolving
452	service-based and information-based industries will change the
453	type of transportation system that business and industry demand,
454	increasing the importance of speed and reliability. The
455	Legislature further finds that our transportation system must be
456	designed and operated in such a way that it preserves the
457	abundance of natural and manmade amenities that have been so
458	successful in attracting new residents, businesses, and tourists
459	to this state. Therefore, the Legislature declares that the
460	designation of a strategic intermodal system, composed of
461	facilities and services of statewide and interregional
462	significance, will efficiently serve the mobility needs of
463	Florida's citizens, businesses, and visitors and will help
464	Florida become a worldwide economic leader, enhance economic
465	prosperity and competitiveness, enrich quality of life, and
466	reflect responsible environmental stewardship. To that end, it
467	is the intent of the Legislature that the Strategic Intermodal
468	System consist of transportation facilities that meet a
469	strategic and essential state interest and help generate
470	economic development and job growth and that limited resources
471	available for the implementation of statewide and interregional
472	transportation priorities be focused on that system.
473	Section 11.  Subsection (7) is added to section 339.62,
474	Florida Statutes, to read:
475	339.62  System components.--The Strategic Intermodal System
476	shall consist of appropriate components of:
477	(7)  Planned facilities, defined as transportation
478	infrastructure that is projected to meet all applicable criteria
479	and thresholds within the first 3 years of operation, has the
480	consensus support of transportation partners to implement the
481	project, and is financially feasible as demonstrated by
482	inclusion in the department's work program or some other
483	appropriate plan.
484	Section 12.  Subsections (2), (3), and (4) and paragraph
485	(b) of subsection (5) of section 339.64, Florida Statutes, are
486	amended to read:
487	339.64  Strategic Intermodal System Plan.--
488	(2)  In association with the continued development of the
489	initial Strategic Intermodal System Plan and other
490	transportation plans, the Florida Transportation Commission as
491	part of its work program review process shall conduct an annual
492	assessment of the progress the department and its transportation
493	partners have made in realizing the goals of economic
494	development, improved mobility, and increased intermodal
495	connectivity need for an improved philosophical approach to
496	regional and intermodal input in the planning for and governing
497	of the Strategic Intermodal System and other transportation
498	systems. The Florida Transportation Commission shall coordinate
499	with the department, the Statewide Intermodal Transportation
500	Advisory Council, and other appropriate entities when developing
501	this assessment. The Florida Transportation Commission shall
502	deliver a report to the Governor and Legislature no later than
503	14 days after the regular session of the Legislature begins by
504	December 15, 2003, with recommendations as necessary to fully
505	implement the Strategic Intermodal System.
506	(3)(a)  During the development of updates to the Strategic
507	Intermodal System Plan and the development of all subsequent
508	updates, the department shall provide metropolitan planning
509	organizations, regional planning councils, local governments,
510	transportation providers, affected public agencies, and citizens
511	with an opportunity to participate in and comment on the
512	development of the proposed plan or update.
513	(b)  The department also shall coordinate with federal,
514	regional, and local partners the planning for the Strategic
515	Highway Network and the Strategic Rail Corridor Network
516	transportation facilities that either are included in the
517	Strategic Intermodal System or provide a direct connection
518	between military installations and the Strategic Intermodal
519	System. In addition, the department shall coordinate with
520	regional and local partners to determine whether the road and
521	other transportation infrastructure that connect military
522	installations to the Strategic Intermodal System, the Strategic
523	Highway Network, or the Strategic Rail Corridor are regionally
524	significant and should be included in the Strategic Intermodal
525	System Plan.
526	(4)  The Strategic Intermodal System Plan shall include the
527	following:
528	(a)  A needs assessment.
529	(b)  A project prioritization process.
530	(c)  A map of facilities designated as Strategic Intermodal
531	System facilities, and facilities that are emerging in
532	importance that are likely to become part of the system in the
533	future, and planned facilities that will meet the established
534	criteria.
535	(d)  A finance plan based on reasonable projections of
536	anticipated revenues, including both 10-year and 20-year cost-
537	feasible components.
538	(e)  An assessment of the impacts of proposed improvements
539	to Strategic Intermodal System corridors on military
540	installations that are either located directly on the Strategic
541	Intermodal System or located on the Strategic Highway Network or
542	Strategic Rail Corridor Network.
543	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY
544	COUNCIL.--
545	(b)  MEMBERSHIP.--Members of the Statewide Intermodal
546	Transportation Advisory Council shall consist of the following:
547	1.  Six Five intermodal industry representatives selected
548	by the Governor as follows:
549	a.  One representative from an airport involved in the
550	movement of freight and people from their airport facility to
551	another transportation mode.
552	b.  One individual representing a fixed-route, local-
553	government transit system.
554	c.  One representative from an intercity bus company
555	providing regularly scheduled bus travel as determined by
556	federal regulations.
557	d.  One representative from a spaceport.
558	e.  One representative from intermodal trucking companies.
559	f.  One representative with command responsibilities of a
560	major military installation.
561	2.  Three intermodal industry representatives selected by
562	the President of the Senate as follows:
563	a.  One representative from major-line railroads.
564	b.  One representative from seaports listed in s. 311.09(1)
565	from the Atlantic Coast.
566	c.  One representative from an airport involved in the
567	movement of freight and people from their airport facility to
568	another transportation mode.
569	3.  Three intermodal industry representatives selected by
570	the Speaker of the House of Representatives as follows:
571	a.  One representative from short-line railroads.
572	b.  One representative from seaports listed in s. 311.09(1)
573	from the Gulf Coast.
574	c.  One representative from intermodal trucking companies.
575	In no event may this representative be employed by the same
576	company that employs the intermodal trucking company
577	representative selected by the Governor.
578	Section 13.  Part IV of chapter 343, Florida Statutes,
579	consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
580	343.835, 343.836, 343.837, 343.84, 343.85, 343.87, 343.875,
581	343.88, 343.881, 343.884, 343.885, and 343.89, is created to
582	read:
583	PART IV
584	NORTHWEST FLORIDA TRANSPORTATION CORRIDOR AUTHORITY
585	343.80  Short title.--This part shall be known and may be
586	cited as the "Northwest Florida Transportation Corridor
587	Authority Law."
588	343.805  Definitions.--The following terms, whenever used
589	or referred to in this law, shall have the following meanings,
590	except in those instances where the context clearly indicates
591	otherwise:
592	(1)  "Agency of the state" means and includes the state and
593	any department of, or corporation, agency, or instrumentality
594	heretofore or hereafter created, designated, or established by,
595	the state.
596	(2)  "Authority" means the body politic and corporate and
597	agency of the state created by this part.
598	(3)  "Bonds" means and includes the notes, bonds, refunding
599	bonds, or other evidences of indebtedness or obligations, in
600	either temporary or definitive form, which the authority is
601	authorized to issue pursuant to this part.
602	(4)  "Department" means the Department of Transportation
603	existing under chapters 334-339.
604	(5)  "Federal agency" means and includes the United States,
605	the President of the United States, and any department of, or
606	corporation, agency, or instrumentality heretofore or hereafter
607	created, designated, or established by, the United States.
608	(6)  "Lease-purchase agreement" means the lease-purchase
609	agreements which the authority is authorized pursuant to this
610	part to enter into with the Department of Transportation.
611	(7)  "Limited access expressway" or "expressway" means a
612	street or highway especially designed for through traffic and
613	over, from, or to which no person shall have the right of
614	easement, use, or access except in accordance with the rules and
615	regulations adopted and established by the authority for the use
616	of such facility. Such highways or streets may be parkways, from
617	which trucks, buses, and other commercial vehicles shall be
618	excluded, or they may be freeways open to use by all customary
619	forms of street and highway traffic.
620	(8)  "Members" means the governing body of the authority,
621	and the term "member" means one of the individuals constituting
622	such governing body.
623	(9)  "State Board of Administration" means the body
624	corporate existing under the provisions of s. 9, Art. XII of the
625	State Constitution, or any successor thereto.
626	(10)  "U.S. 98 corridor" means U.S. Highway 98 and any
627	feeder roads, reliever roads, connector roads, bridges, and
628	other transportation appurtenances, existing or constructed in
629	the future, that support U.S. Highway 98 in Escambia, Santa
630	Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
631	Counties.
632	(11)  "U.S. 98 Corridor System" means any and all
633	expressways and appurtenant facilities, including, but not
634	limited to, all approaches, roads, bridges, and avenues of
635	access for the expressways that are either built by the
636	authority or whose ownership is transferred to the authority by
637	other governmental or private entities.
638
639	Terms importing singular number include the plural number in
640	each case and vice versa, and terms importing persons include
641	firms and corporations.
642	343.81  Northwest Florida Transportation Corridor
643	Authority.--
644	(1)  There is hereby created and established a body politic
645	and corporate, an agency of the state, to be known as the
646	Northwest Florida Transportation Corridor Authority, hereinafter
647	referred to as "the authority."
648	(2)(a)  The governing body of the authority shall consist
649	of eight voting members, one each from Escambia, Santa Rosa,
650	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
651	appointed by the Governor to 4-year terms. The appointees shall
652	be residents of their respective counties. Upon the effective
653	date of his or her appointment, or as soon thereafter as
654	practicable, each appointed member of the authority shall enter
655	upon his or her duties. Each appointed member shall hold office
656	until his or her successor has been appointed and has qualified.
657	A vacancy occurring during a term shall be filled only for the
658	balance of the unexpired term. Any member of the authority shall
659	be eligible for reappointment. Members of the authority may be
660	removed from office by the Governor for misconduct, malfeasance,
661	misfeasance, or nonfeasance in office.
662	(b)  The district secretary of the Department of
663	Transportation serving Northwest Florida shall serve as an ex
664	officio, nonvoting member.
665	(3)(a)  The authority shall elect one of its members as
666	chair and shall also elect a secretary and a treasurer who may
667	or may not be members of the authority. The chair, secretary,
668	and treasurer shall hold such offices at the will of the
669	authority.
670	(b)  Five members of the authority shall constitute a
671	quorum, and the vote of at least five members shall be necessary
672	for any action taken by the authority. No vacancy in the
673	authority shall impair the right of a quorum of the authority to
674	exercise all of the rights and perform all of the duties of the
675	authority.
676	(c)  The authority shall meet at least quarterly but may
677	meet more frequently upon the call of the chair. The authority
678	should alternate the locations of its meetings among the seven
679	counties.
680	(4)  Members of the authority shall serve without
681	compensation but shall be entitled to receive from the authority
682	their travel expenses and per diem incurred in connection with
683	the business of the authority, as provided in s. 112.061.
684	(5)  The authority may employ an executive director, an
685	executive secretary, its own counsel and legal staff, technical
686	experts, engineers, and such employees, permanent or temporary,
687	as it may require. The authority shall determine the
688	qualifications and fix the compensation of such persons, firms,
689	or corporations and may employ a fiscal agent or agents;
690	however, the authority shall solicit sealed proposals from at
691	least three persons, firms, or corporations for the performance
692	of any services as fiscal agents. The authority may delegate to
693	one or more of its agents or employees such of its power as it
694	shall deem necessary to carry out the purposes of this part,
695	subject always to the supervision and control of the authority.
696	(6)  The authority may establish technical advisory
697	committees to provide guidance and advice on corridor-related
698	issues. The authority shall establish the size, composition, and
699	focus of any technical advisory committee created. A member
700	appointed to a technical advisory committee shall serve without
701	compensation but shall be entitled to per diem or travel
702	expenses, as provided in s. 112.061.
703	343.82  Purposes and powers.--
704	(1)  The primary purpose of the authority shall be to
705	improve mobility on the U.S. 98 corridor in Northwest Florida to
706	enhance traveler safety, identify and develop hurricane
707	evacuation routes, promote economic development along the
708	corridor, and implement transportation projects to alleviate
709	current or anticipated traffic congestion.
710	(2)  The authority is authorized to construct any feeder
711	roads, reliever roads, connector roads, bypasses, or appurtenant
712	facilities that are intended to improve mobility along the U.S.
713	98 corridor. The transportation improvement projects may also
714	include all necessary approaches, roads, bridges, and avenues of
715	access that shall be deemed desirable and proper with the
716	concurrence, where applicable, of the department if the project
717	is to be part of the State Highway System or the respective
718	county or municipal governing boards. Any transportation
719	facilities constructed by the authority may be tolled.
720	(3)(a)  The authority shall develop and adopt a corridor
721	master plan no later than July 1, 2007. The goals and objectives
722	of the master plan are to identify areas of the corridor where
723	mobility, traffic safety, and efficient hurricane evacuation
724	needs to be improved; evaluate the economic development
725	potential of the corridor and consider strategies to develop
726	that potential; develop methods of building partnerships with
727	local governments, other state and federal entities, the
728	private-sector business community, and the public in support of
729	corridor improvements; and to identify projects that will
730	accomplish these goals and objectives.
731	(b)  After its adoption, the master plan shall be updated
732	annually before July 1 of each year.
733	(c)  The authority shall present the original master plan
734	and updates to the governing bodies of the counties within the
735	corridor and to the legislative delegation members representing
736	those counties within 90 days after adoption.
737	(d)  The authority may undertake projects or other
738	improvements in the master plan in phases as particular projects
739	or segments thereof become feasible, as determined by the
740	authority. In carrying out its purposes and powers, the
741	authority may request funding and technical assistance from the
742	department and appropriate federal and local agencies,
743	including, but not limited to, state infrastructure bank loans,
744	advances from the Toll Facilities Revolving Trust Fund, and from
745	any other sources.
746	(4)  The authority is granted and shall have and may
747	exercise all powers necessary, appurtenant, convenient, or
748	incidental to the carrying out of the aforesaid purposes,
749	including, but not limited to, the following rights and powers:
750	(a)  To acquire, hold, construct, improve, maintain,
751	operate, own, and lease in the capacity of lessor transportation
752	facilities within the U.S. 98 corridor.
753	(b)  To borrow money and to make and issue negotiable
754	notes, bonds, refunding bonds, and other evidences of
755	indebtedness or obligations, either in temporary or definitive
756	form, hereinafter in this chapter sometimes called "revenue
757	bonds" of the authority, for the purpose of financing all or
758	part of the mobility improvements within the U.S. 98 corridor,
759	as well as the appurtenant facilities, including all approaches,
760	streets, roads, bridges, and avenues of access authorized by
761	this part, the bonds to mature not exceeding 40 years after the
762	date of the issuance thereof, and to secure the payment of such
763	bonds or any part thereof by a pledge of any or all of its
764	revenues, rates, fees, rentals, or other charges.
765	(c)  To fix, alter, charge, establish, and collect tolls,
766	rates, fees, rentals, and other charges for the services and
767	facilities of the Northwest Florida Transportation Corridor
768	System, which rates, fees, rentals, and other charges shall
769	always be sufficient to comply with any covenants made with the
770	holders of any bonds issued pursuant to this part; however, such
771	right and power may be assigned or delegated by the authority to
772	the department. The authority shall not impose tolls or other
773	charges on existing highways and other transportation facilities
774	within the corridor.
775	(d)  To acquire by donation or otherwise, purchase, hold,
776	lease as lessee, and use any franchise, property, real,
777	personal, or mixed, tangible or intangible, or any options
778	thereof in its own name or in conjunction with others, or
779	interest therein, necessary or desirable for carrying out the
780	purposes of the authority and to sell, lease as lessor,
781	transfer, and dispose of any property or interest therein at any
782	time acquired by it.
783	(e)  To sue and be sued, implead and be impleaded,
784	complain, and defend in all courts.
785	(f)  To adopt, use, and alter at will a corporate seal.
786	(g)  To enter into and make leases.
787	(h)  To enter into and make lease-purchase agreements with
788	the department for terms not exceeding 40 years or until any
789	bonds secured by a pledge of rentals thereunder, and any
790	refundings thereof, are fully paid as to both principal and
791	interest, whichever is longer.
792	(i)  To make contracts of every name and nature, including,
793	but not limited to, partnerships providing for participation in
794	ownership and revenues, and to execute all instruments necessary
795	or convenient for the carrying on of its business.
796	(j)  Without limitation of the foregoing, to borrow money
797	and accept grants from and to enter into contracts, leases, or
798	other transactions with any federal agency, the state, any
799	agency of the state, or any other public body of the state.
800	(k)  To have the power of eminent domain, including the
801	procedural powers granted under chapters 73 and 74.
802	(l)  To pledge, hypothecate, or otherwise encumber all or
803	any part of the revenues, rates, fees, rentals, or other charges
804	or receipts of the authority.
805	(m)  To enter into partnership and other agreements
806	respecting ownership and revenue participation in order to
807	facilitate financing and constructing any project or portions
808	thereof.
809	(n)  To participate in agreements with private entities and
810	to receive private contributions.
811	(o)  To contract with the department or with a private
812	entity for the operation of traditional and electronic toll
813	collection facilities along the U.S. 98 corridor.
814	(p)  To do all acts and things necessary or convenient for
815	the conduct of its business and the general welfare of the
816	authority in order to carry out the powers granted to it by this
817	part or any other law.
818	(q)  To construct, operate, and maintain roads, bridges,
819	avenues of access, thoroughfares, and boulevards and to
820	construct, repair, replace, operate, install, and maintain
821	electronic toll payment systems thereon, with all necessary and
822	incidental powers to accomplish the foregoing.
823	(5)  The authority shall have no power at any time or in
824	any manner to pledge the credit or taxing power of the state or
825	any political subdivision or agency thereof, nor shall any of
826	the authority's obligations be deemed to be obligations of the
827	state or of any political subdivision or agency thereof, nor
828	shall the state or any political subdivision or agency thereof,
829	except the authority, be liable for the payment of the principal
830	of or interest on such obligations.
831	343.83  Improvements, bond financing authority
832	for.--Pursuant to s. 11(f), Art. VII of the State Constitution,
833	the Legislature hereby approves for bond financing by the
834	Northwest Florida Transportation Corridor Authority improvements
835	to toll collection facilities, interchanges to the legislatively
836	approved system, and any other facility appurtenant, necessary,
837	or incidental to the approved system. Subject to terms and
838	conditions of applicable revenue bond resolutions and covenants,
839	such costs may be financed in whole or in part by revenue bonds
840	issued pursuant to s. 343.835(1)(a) or (b) whether currently
841	issued or issued in the future or by a combination of such
842	bonds.
843	343.835  Bonds of the authority.--
844	(1)(a)  Bonds may be issued on behalf of the authority
845	pursuant to the State Bond Act.
846	(b)  Alternatively, the authority may issue its own bonds
847	pursuant to this part at such times and in such principal amount
848	as, in the opinion of the authority, is necessary to provide
849	sufficient moneys for achieving its purposes; however, such
850	bonds may not pledge the full faith and credit of the state.
851	Bonds issued by the authority pursuant to this paragraph or
852	paragraph (a), whether on original issuance or on refunding,
853	shall be authorized by resolution of the members thereof, may be
854	either term or serial bonds, and shall bear such date or dates,
855	mature at such time or times, not exceeding 40 years after their
856	respective dates, bear interest at such rate or rates, be
857	payable semiannually, be in such denominations, be in such form,
858	either coupon or fully registered, carry such registration,
859	exchangeability, and interchangeability privileges, be payable
860	in such medium of payment and at such place or places, be
861	subject to such terms of redemption, and be entitled to such
862	priorities on the revenues, rates, fees, rentals, or other
863	charges or receipts of the authority, including revenues from
864	lease-purchase agreements. The bonds shall be executed either by
865	manual or facsimile signature by such officers as the authority
866	shall determine, provided that such bonds shall bear at least
867	one signature which is manually executed thereon, and the
868	coupons attached to such bonds shall bear the facsimile
869	signature or signatures of such officer or officers as shall be
870	designated by the authority and shall have the seal of the
871	authority affixed, imprinted, reproduced, or lithographed
872	thereon, all as may be prescribed in such resolution or
873	resolutions.
874	(c)  Bonds issued pursuant to paragraph (a) or paragraph
875	(b) shall be sold at public sale in the manner provided by the
876	State Bond Act. However, if the authority, by official action at
877	a public meeting, determines that a negotiated sale of such
878	bonds is in the best interest of the authority, the authority
879	may negotiate the sale of such bonds with the underwriter
880	designated by the authority and the Division of Bond Finance of
881	the State Board of Administration with respect to bonds issued
882	pursuant to paragraph (a) or solely the authority with respect
883	to bonds issued pursuant to paragraph (b). The authority's
884	determination to negotiate the sale of such bonds may be based,
885	in part, upon the written advice of the authority's financial
886	adviser. Pending the preparation of definitive bonds, interim
887	certificates may be issued to the purchaser or purchasers of
888	such bonds and may contain such terms and conditions as the
889	authority may determine.
890	(d)  The authority may issue bonds pursuant to paragraph
891	(b) to refund any bonds previously issued regardless of whether
892	the bonds being refunded were issued by the authority pursuant
893	to this chapter or on behalf of the authority pursuant to the
894	State Bond Act.
895	(2)  Any such resolution or resolutions authorizing any
896	bonds hereunder may contain provisions which shall be part of
897	the contract with the holders of such bonds, as to:
898	(a)  The pledging of all or any part of the revenues,
899	rates, fees, rentals, or other charges or receipts of the
900	authority, derived by the authority for the U.S. 98 corridor
901	improvements.
902	(b)  The completion, improvement, operation, extension,
903	maintenance, repair, lease, or lease-purchase agreement of the
904	system, and the duties of the authority and others, including
905	the department, with reference thereto.
906	(c)  Limitations on the purposes to which the proceeds of
907	the bonds, then or thereafter to be issued, or of any loan or
908	grant by the United States or the state may be applied.
909	(d)  The fixing, charging, establishing, and collecting of
910	rates, fees, rentals, or other charges for use of the services
911	and facilities constructed by the authority.
912	(e)  The setting aside of reserves or sinking funds or
913	repair and replacement funds and the regulation and disposition
914	thereof.
915	(f)  Limitations on the issuance of additional bonds.
916	(g)  The terms and provisions of any lease-purchase
917	agreement, deed of trust, or indenture securing the bonds or
918	under which the same may be issued.
919	(h)  Any other or additional agreements with the holders of
920	the bonds which the authority may deem desirable and proper.
921	(3)  The authority may employ fiscal agents as provided by
922	this part or the State Board of Administration may, upon request
923	of the authority, act as fiscal agent for the authority in the
924	issuance of any bonds which may be issued pursuant to this part,
925	and the State Board of Administration may, upon request of the
926	authority, take over the management, control, administration,
927	custody, and payment of any or all debt services or funds or
928	assets now or hereafter available for any bonds issued pursuant
929	to this part. The authority may enter into any deeds of trust,
930	indentures, or other agreements with its fiscal agent, or with
931	any bank or trust company within or without the state, as
932	security for such bonds and may, under such agreements, sign and
933	pledge all or any of the revenues, rates, fees, rentals, or
934	other charges or receipts of the authority. Such deed of trust,
935	indenture, or other agreement may contain such provisions as are
936	customary in such instruments or, as the authority may
937	authorize, including, but without limitation, provisions as to:
938	(a)  The completion, improvement, operation, extension,
939	maintenance, repair, and lease of or lease-purchase agreement
940	relating to U.S. 98 corridor improvements and the duties of the
941	authority and others, including the department, with reference
942	thereto.
943	(b)  The application of funds and the safeguarding of funds
944	on hand or on deposit.
945	(c)  The rights and remedies of the trustee and the holders
946	of the bonds.
947	(d)  The terms and provisions of the bonds or the
948	resolutions authorizing the issuance of same.
949	(4)  Any of the bonds issued pursuant to this part are, and
950	are hereby declared to be, negotiable instruments and shall have
951	all the qualities and incidents of negotiable instruments under
952	the law merchant and the negotiable instruments law of the
953	state.
954	(5)  Notwithstanding any of the provisions of this part,
955	each project, building, or facility which has been financed by
956	the issuance of bonds or other evidence of indebtedness under
957	this part and any refinancing thereof are hereby approved as
958	provided for in s. 11(f), Art. VII of the State Constitution.
959	343.836  Remedies of the bondholders.--
960	(1)  The rights and the remedies herein conferred upon or
961	granted to the bondholders shall be in addition to and not in
962	limitation of any rights and remedies lawfully granted to such
963	bondholders by the resolution or resolutions providing for the
964	issuance of bonds or by a lease-purchase agreement, deed of
965	trust, indenture, or other agreement under which the bonds may
966	be issued or secured. In the event the authority defaults in the
967	payment of the principal of or interest on any of the bonds
968	issued pursuant to the provisions of this part after such
969	principal of or interest on the bonds becomes due, whether at
970	maturity or upon call for redemption, or the department defaults
971	in any payments under, or covenants made in, any lease-purchase
972	agreement between the authority and the department, and such
973	default continues for a period of 30 days, or in the event that
974	the authority or the department fails or refuses to comply with
975	the provisions of this part or any agreement made with, or for
976	the benefit of, the holders of the bonds, the holders of 25
977	percent in aggregate principal amount of the bonds then
978	outstanding shall be entitled as of right to the appointment of
979	a trustee to represent such bondholders for the purposes hereof,
980	provided that such holders of 25 percent in aggregate principal
981	amount of the bonds then outstanding shall first give notice of
982	their intention to appoint a trustee to the authority and to the
983	department. Such notice shall be deemed to have been given if
984	given in writing, deposited in a securely sealed postpaid
985	wrapper, mailed at a regularly maintained United States post
986	office box or station, and addressed, respectively, to the chair
987	of the authority and to the secretary of the department at the
988	principal office of the department.
989	(2)  Such trustee and any trustee under any deed of trust,
990	indenture, or other agreement may and, upon written request of
991	the holders of 25 percent or such other percentages as may be
992	specified in any deed of trust, indenture, or other agreement
993	aforesaid in principal amount of the bonds then outstanding,
994	shall, in any court of competent jurisdiction, in his, her, or
995	its own name:
996	(a)  By mandamus or other suit, action, or proceeding at
997	law or in equity, enforce all rights of the bondholders,
998	including the right to require the authority to fix, establish,
999	maintain, collect, and charge rates, fees, rentals, and other
1000	charges adequate to carry out any agreement as to or pledge of
1001	the revenues or receipts of the authority to carry out any other
1002	covenants and agreements with or for the benefit of the
1003	bondholders, and to perform its and their duties under this
1004	part.
1005	(b)  By mandamus or other suit, action, or proceeding at
1006	law or in equity, enforce all rights of the bondholders under or
1007	pursuant to any lease-purchase agreement between the authority
1008	and the department, including the right to require the
1009	department to make all rental payments required to be made by it
1010	under the provisions of any such lease-purchase agreement, to
1011	require the department to carry out any other covenants and
1012	agreements with or for the benefit of the bondholders, and to
1013	perform its and their duties under this part.
1014	(c)  Bring suit upon the bonds.
1015	(d)  By action or suit in equity, require the authority or
1016	the department to account as if it were the trustee of an
1017	express trust for the bondholders.
1018	(e)  By action or suit in equity, enjoin any acts or things
1019	which may be unlawful or in violation of the rights of the
1020	bondholders.
1021	(3)  Any trustee, when appointed as aforesaid or acting
1022	under a deed of trust, indenture, or other agreement, and
1023	whether or not all bonds have been declared due and payable,
1024	shall be entitled as of right to the appointment of a receiver
1025	who may enter upon and take possession of the system or the
1026	facilities or any part or parts thereof, the rates, fees,
1027	rentals, or other revenues, charges, or receipts from which are
1028	or may be applicable to the payment of the bonds so in default,
1029	and, subject to and in compliance with the provisions of any
1030	lease-purchase agreement between the authority and the
1031	department, operate and maintain the same for and on behalf of
1032	and in the name of the authority, the department, and the
1033	bondholders, and collect and receive all rates, fees, rentals,
1034	and other charges or receipts or revenues arising therefrom in
1035	the same manner as the authority or the department might do, and
1036	shall deposit all such moneys in a separate account and apply
1037	the same in such manner as the court shall direct. In any suit,
1038	action, or proceeding by the trustee, the fees, counsel fees,
1039	and expenses of the trustee and said receiver, if any, and all
1040	costs and disbursements allowed by the court shall be a first
1041	charge on any rates, fees, rentals, or other charges, revenues,
1042	or receipts derived from the system or the facilities or
1043	services or any part or parts thereof, including payments under
1044	any such lease-purchase agreement as aforesaid, which said
1045	rates, fees, rentals, or other charges, revenues, or receipts
1046	shall or may be applicable to the payment of the bonds so in
1047	default. Such trustee shall, in addition to the foregoing, have
1048	and possess all of the powers necessary or appropriate for the
1049	exercise of any functions specifically set forth herein or
1050	incident to the representation of the bondholders in the
1051	enforcement and protection of their rights.
1052	(4)  Nothing in this section or any other section of this
1053	part shall authorize any receiver appointed pursuant hereto for
1054	the purpose, subject to and in compliance with the provisions of
1055	any lease-purchase agreement between the authority and the
1056	department, of operating and maintaining the system or any
1057	facilities or part or parts thereof to sell, assign, mortgage,
1058	or otherwise dispose of any of the assets of whatever kind and
1059	character belonging to the authority. It is the intention of
1060	this part to limit the powers of such receiver, subject to and
1061	in compliance with the provisions of any lease-purchase
1062	agreement between the authority and the department, to the
1063	operation and maintenance of the system or any facility or part
1064	or parts thereof, as the court may direct, in the name and for
1065	and on behalf of the authority, the department, and the
1066	bondholders, and no holder of bonds on the authority nor any
1067	trustee shall ever have the right in any suit, action, or
1068	proceeding at law or in equity to compel a receiver, nor shall
1069	any receiver be authorized or any court be empowered to direct
1070	the receiver to sell, assign, mortgage, or otherwise dispose of
1071	any assets of whatever kind or character belonging to the
1072	authority.
1073	343.837  Lease-purchase agreement.--
1074	(1)  In order to effectuate the purposes of this part and
1075	as authorized by this part, the authority may enter into a
1076	lease-purchase agreement with the department relating to and
1077	covering the U.S. 98 Corridor System.
1078	(2)  Such lease-purchase agreement shall provide for the
1079	leasing of the system by the authority, as lessor, to the
1080	department, as lessee, shall prescribe the term of such lease
1081	and the rentals to be paid thereunder, and shall provide that,
1082	upon the completion of the faithful performance thereunder and
1083	the termination of such lease-purchase agreement, title in fee
1084	simple absolute to the system as then constituted shall be
1085	transferred in accordance with law by the authority to the state
1086	and the authority shall deliver to the department such deeds and
1087	conveyances as shall be necessary or convenient to vest title in
1088	fee simple absolute in the state.
1089	(3)  Such lease-purchase agreement may include such other
1090	provisions, agreements, and covenants as the authority and the
1091	department deem advisable or required, including, but not
1092	limited to, provisions as to the bonds to be issued under and
1093	for the purposes of this part, the completion, extension,
1094	improvement, operation, and maintenance of the system and the
1095	expenses and the cost of operation of said authority, the
1096	charging and collection of tolls, rates, fees, and other charges
1097	for the use of the services and facilities thereof, and the
1098	application of federal or state grants or aid which may be made
1099	or given to assist the authority in the completion, extension,
1100	improvement, operation, and maintenance of the system.
1101	(4)  The department as lessee under such lease-purchase
1102	agreement is hereby authorized to pay as rentals thereunder any
1103	rates, fees, charges, funds, moneys, receipts, or income
1104	accruing to the department from the operation of the system and
1105	may also pay as rentals any appropriations received by the
1106	department pursuant to any act of the Legislature heretofore or
1107	hereafter enacted; however, nothing herein or in such lease-
1108	purchase agreement is intended to require, nor shall this part
1109	or such lease-purchase agreement require, the making or
1110	continuance of such appropriations, nor shall any holder of
1111	bonds issued pursuant to this part ever have any right to compel
1112	the making or continuance of such appropriations.
1113	(5)  The department shall have power to covenant in any
1114	lease-purchase agreement that it will pay all or any part of the
1115	cost of the operation, maintenance, repair, renewal, and
1116	replacement of said system, and any part of the cost of
1117	completing said system to the extent that the proceeds of bonds
1118	issued therefore are insufficient, from sources other than the
1119	revenues derived from the operation of the system.
1120	(6)  The U.S. 98 Corridor System shall be a part of the
1121	State Highway System as defined in s. 334.03, and the department
1122	may, upon the request of the authority, expend out of any funds
1123	available for that purpose, and use such of its engineering and
1124	other forces, as may be necessary and desirable in the judgment
1125	of the department, for the operation of the authority and for
1126	traffic surveys, borings, surveys, preparation of plans and
1127	specifications, estimates of cost, and other preliminary
1128	engineering and other studies.
1129	343.84  Department may be appointed agent of authority for
1130	construction.--The department may be appointed by the authority
1131	as its agent for the purpose of constructing improvements and
1132	extensions to the system and for the completion thereof. In such
1133	event, the authority shall provide the department with complete
1134	copies of all documents, agreements, resolutions, contracts, and
1135	instruments relating thereto, shall request the department to do
1136	such construction work, including the planning, surveying, and
1137	actual construction of the completion, extensions, and
1138	improvements to the system, and shall transfer to the credit of
1139	an account of the department in the treasury of the state the
1140	necessary funds therefor, and the department shall thereupon be
1141	authorized, empowered, and directed to proceed with such
1142	construction and to use said funds for such purpose in the same
1143	manner that it is now authorized to use the funds otherwise
1144	provided by law for its use in construction of roads and
1145	bridges.
1146	343.85  Acquisition of lands and property.--
1147	(1)  For the purposes of this part, the Northwest Florida
1148	Transportation Corridor Authority may acquire private or public
1149	property and property rights, including rights of access, air,
1150	view, and light, by gift, devise, purchase, or condemnation by
1151	eminent domain proceedings, as the authority may deem necessary
1152	for any of the purposes of this part, including, but not limited
1153	to, any lands reasonably necessary for securing applicable
1154	permits, areas necessary for management of access, borrow pits,
1155	drainage ditches, water retention areas, rest areas, replacement
1156	access for landowners whose access is impaired due to the
1157	construction of a facility, and replacement rights-of-way for
1158	relocated rail and utility facilities; for existing, proposed,
1159	or anticipated transportation facilities within the U.S. 98
1160	transportation corridor designated by the authority; or for the
1161	purposes of screening, relocation, removal, or disposal of
1162	junkyards and scrap metal processing facilities. The authority
1163	shall also have the power to condemn any material and property
1164	necessary for such purposes.
1165	(2)  The right of eminent domain herein conferred shall be
1166	exercised by the authority in the manner provided by law.
1167	(3)  When the authority acquires property for a
1168	transportation facility or in a transportation corridor, it is
1169	not subject to any liability imposed by chapter 376 or chapter
1170	403 for preexisting soil or groundwater contamination due solely
1171	to its ownership. This section does not affect the rights or
1172	liabilities of any past or future owners of the acquired
1173	property, nor does it affect the liability of any governmental
1174	entity for the results of its actions which create or exacerbate
1175	a pollution source. The authority and the Department of
1176	Environmental Protection may enter into interagency agreements
1177	for the performance, funding, and reimbursement of the
1178	investigative and remedial acts necessary for property acquired
1179	by the authority.
1180	343.87  Cooperation with other units, boards, agencies, and
1181	individuals.--Express authority and power is hereby given and
1182	granted to any county, municipality, drainage district, road and
1183	bridge district, school district, or any other political
1184	subdivision, board, commission, or individual in or of the state
1185	to make and enter into with the authority contracts, leases,
1186	conveyances, partnerships, or other agreements within the
1187	provisions and purposes of this part. The authority is hereby
1188	expressly authorized to make and enter into contracts, leases,
1189	conveyances, partnerships, and other agreements with any
1190	political subdivision, agency, or instrumentality of the state
1191	and any and all federal agencies, corporations, and individuals
1192	for the purpose of carrying out the provisions of this part.
1193	343.875  Public-private partnerships.--
1194	(1)  The authority may receive or solicit proposals and
1195	enter into agreements with private entities, or consortia
1196	thereof, for the building, operation, ownership, or financing of
1197	transportation facilities within the jurisdiction of the
1198	authority. Before approval, the authority must determine that a
1199	proposed project:
1200	(a)  Is in the public's best interest.
1201	(b)  Would not require state funds to be used unless the
1202	project is on or provides increased mobility on the State
1203	Highway System.
1204	(c)  Would have adequate safeguards to ensure that no
1205	additional costs or service disruptions would be realized by the
1206	traveling public and citizens of the state in the event of
1207	default or the cancellation of the agreement by the authority.
1208	(2)  The authority shall ensure that all reasonable costs
1209	to the state related to transportation facilities that are not
1210	part of the State Highway System are borne by the private
1211	entity. The authority also shall ensure that all reasonable
1212	costs to the state and substantially affected local governments
1213	and utilities related to the private transportation facility are
1214	borne by the private entity for transportation facilities that
1215	are owned by private entities. For projects on the State Highway
1216	System, the department may use state resources to participate in
1217	funding and financing the project as provided for under the
1218	department's enabling legislation.
1219	(3)  The authority may request proposals for public-private
1220	transportation projects or, if it receives an unsolicited
1221	proposal, it must publish a notice in the Florida Administrative
1222	Weekly and a newspaper of general circulation in the county in
1223	which it is located at least once a week for 2 weeks stating
1224	that it has received the proposal and will accept, for 60 days
1225	after the initial date of publication, other proposals for the
1226	same project purpose. A copy of the notice must be mailed to
1227	each local government in the affected areas. After the public
1228	notification period has expired, the authority shall rank the
1229	proposals in order of preference. In ranking the proposals, the
1230	authority shall consider professional qualifications, general
1231	business terms, innovative engineering or cost-reduction terms,
1232	finance plans, and the need for state funds to deliver the
1233	proposal. If the authority is not satisfied with the results of
1234	the negotiations, it may at its sole discretion terminate
1235	negotiations with the proposer. If these negotiations are
1236	unsuccessful, the authority may go to the second and lower-
1237	ranked firms, in order, using the same procedure. If only one
1238	proposal is received, the authority may negotiate in good faith
1239	and, if it is not satisfied with the results, it may at its sole
1240	discretion terminate negotiations with the proposer.
1241	Notwithstanding this subsection, the authority may at its
1242	discretion reject all proposals at any point in the process up
1243	to completion of a contract with the proposer.
1244	(4)  Agreements entered into pursuant to this section may
1245	authorize the public-private entity to impose tolls or fares for
1246	the use of the facility. However, the amount and use of toll or
1247	fare revenues shall be regulated by the authority to avoid
1248	unreasonable costs to users of the facility.
1249	(5)  Each public-private transportation facility
1250	constructed pursuant to this section shall comply with all
1251	requirements of federal, state, and local laws; state, regional,
1252	and local comprehensive plans; the authority's rules, policies,
1253	procedures, and standards for transportation facilities; and any
1254	other conditions that the authority determines to be in the
1255	public's best interest.
1256	(6)  The authority may exercise any of its powers,
1257	including eminent domain, to facilitate the development and
1258	construction of transportation projects pursuant to this
1259	section. The authority may pay all or part of the cost of
1260	operating and maintaining the facility or may provide services
1261	to the private entity for which it receives full or partial
1262	reimbursement for services rendered.
1263	(7)  Except as herein provided, this section is not
1264	intended to amend existing law by granting additional powers to
1265	or imposing further restrictions on the governmental entities
1266	with regard to regulating and entering into cooperative
1267	arrangements with the private sector for the planning,
1268	construction, and operation of transportation facilities.
1269	(8)  The authority is authorized to adopt rules to
1270	implement this section and shall, by rule, establish an
1271	application fee for the submission of unsolicited proposals
1272	under this section. The fee must be sufficient to pay the costs
1273	of evaluating the proposals.
1274	343.88  Covenant of the state.--The state does hereby
1275	pledge to, and agrees with, any person, firm or corporation, or
1276	federal or state agency subscribing to or acquiring the bonds to
1277	be issued by the authority for the purposes of this part that
1278	the state will not limit or alter the rights hereby vested in
1279	the authority and the department until all bonds at any time
1280	issued, together with the interest thereon, are fully paid and
1281	discharged insofar as the same affects the rights of the holders
1282	of bonds issued hereunder. The state does further pledge to, and
1283	agree with, the United States that, in the event any federal
1284	agency constructs or contributes any funds for the completion,
1285	extension, or improvement of the system or any part or portion
1286	thereof, the state will not alter or limit the rights and powers
1287	of the authority and the department in any manner which would be
1288	inconsistent with the continued maintenance and operation of the
1289	system or the completion, extension, or improvement thereof or
1290	which would be inconsistent with the due performance of any
1291	agreements between the authority and any such federal agency,
1292	and the authority and the department shall continue to have and
1293	may exercise all powers herein granted so long as the same shall
1294	be necessary or desirable for the carrying out of the purposes
1295	of this part and the purposes of the United States in the
1296	completion, extension, or improvement of the system or any part
1297	or portion thereof.
1298	343.881  Exemption from taxation.--The effectuation of the
1299	authorized purposes of the authority created under this part is,
1300	shall, and will be in all respects for the benefit of the people
1301	of the state, for the increase of their commerce and prosperity,
1302	and for the improvement of their health and living conditions
1303	and, since such authority will be performing essential
1304	governmental functions in effectuating such purposes, such
1305	authority shall not be required to pay any taxes or assessments
1306	of any kind or nature whatsoever upon any property acquired or
1307	used by it for such purposes, or upon any rates, fees, rentals,
1308	receipts, income, or charges at any time received by it, and the
1309	bonds issued by the authority, their transfer, and the income
1310	therefrom, including any profits made on the sale thereof, shall
1311	at all times be free from taxation of any kind by the state or
1312	by any political subdivision, taxing agency, or instrumentality
1313	thereof. The exemption granted by this section shall not be
1314	applicable to any tax imposed by chapter 220 on interest,
1315	income, or profits on debt obligations owned by corporations.
1316	343.884  Eligibility for investments and security.--Any
1317	bonds or other obligations issued pursuant to this part shall be
1318	and constitute legal investments for banks, savings banks,
1319	trustees, executors, administrators, and all other fiduciaries
1320	and for all state, municipal, and other public funds and shall
1321	also be and constitute securities eligible for deposit as
1322	security for all state, municipal, or other public funds,
1323	notwithstanding the provisions of any other law or laws to the
1324	contrary.
1325	343.885  Pledges enforceable by bondholders.--It is the
1326	express intention of this part that any pledge to the authority
1327	by the department of rates, fees, revenues, or other funds as
1328	rentals, or any covenants or agreements relative thereto, may be
1329	enforceable in any court of competent jurisdiction against the
1330	authority or directly against the department by any holder of
1331	bonds issued by the authority.
1332	343.89  This part complete and additional authority.--
1333	(1)  The powers conferred by this part shall be in addition
1334	and supplemental to the existing powers of said board and the
1335	department, and this part shall not be construed as repealing
1336	any of the provisions of any other law, general, special, or
1337	local, but to supersede such other laws in the exercise of the
1338	powers provided in this part and to provide a complete method
1339	for the exercise of the powers granted in this part. The
1340	extension and improvement of the system, and the issuance of
1341	bonds hereunder to finance all or part of the cost thereof, may
1342	be accomplished upon compliance with the provisions of this part
1343	without regard to or necessity for compliance with the
1344	provisions, limitations, or restrictions contained in any other
1345	general, special, or local law, including, but not limited to,
1346	s. 215.821, and no approval of any bonds issued under this part
1347	by the qualified electors or qualified electors who are
1348	freeholders in the state or in any other political subdivision
1349	of the state shall be required for the issuance of such bonds
1350	pursuant to this part.
1351	(2)  This part shall not be deemed to repeal, rescind, or
1352	modify any other law relating to the State Board of
1353	Administration, the Department of Transportation, or the
1354	Division of Bond Finance of the State Board of Administration
1355	but shall be deemed to and shall supersede such other laws as
1356	are inconsistent with the provisions of this part, including,
1357	but not limited to, s. 215.821.
1358	Section 14.  Paragraph (d) of subsection (2) of section
1359	348.0003, Florida Statutes, is amended to read:
1360	348.0003  Expressway authority; formation; membership.--
1361	(2)  The governing body of an authority shall consist of
1362	not fewer than five nor more than nine voting members. The
1363	district secretary of the affected department district shall
1364	serve as a nonvoting member of the governing body of each
1365	authority located within the district. Each member of the
1366	governing body must at all times during his or her term of
1367	office be a permanent resident of the county which he or she is
1368	appointed to represent.
1369	(d)  Notwithstanding any provision to the contrary in this
1370	subsection, in any county as defined in s. 125.011(1), the
1371	governing body of an authority shall consist of up to 7 13
1372	members, and the following provisions of this paragraph shall
1373	apply specifically to such authority. Except for the district
1374	secretary of the department, the members must be residents of
1375	the county. Four Seven voting members shall be county
1376	commissioners appointed by the chair of the governing body of
1377	the county. One voting member shall be a mayor of a municipality
1378	within the county and shall be appointed by the Miami-Dade
1379	County League of Cities. At the discretion of the governing body
1380	of the county, up to two of the members appointed by the
1381	governing body of the county may be elected officials residing
1382	in the county. Five voting members of the authority shall be
1383	appointed by the Governor. One member shall be the district
1384	secretary of the department serving in the district that
1385	contains such county and shall be an ex officio, voting member
1386	of the authority. One member shall be the chair of the Miami-
1387	Dade legislative delegation, or another member of the delegation
1388	appointed by the chair, and shall be an ex officio, nonvoting
1389	member of the authority. This member shall be an ex officio
1390	voting member of the authority. If the governing board of an
1391	authority includes any member originally appointed by the
1392	governing body of the county as a nonvoting member, when the
1393	term of such member expires, that member shall be replaced by a
1394	member appointed by the Governor until the governing body of the
1395	authority is composed of seven members appointed by the
1396	governing body of the county and five members appointed by the
1397	Governor. The qualifications, terms of office, and obligations
1398	and rights of members of the authority shall be determined by
1399	resolution or ordinance of the governing body of the county in a
1400	manner that is consistent with subsections (3) and (4).
1401	Section 15.  Paragraph (f) of subsection (2) of section
1402	348.0004, Florida Statutes, is amended to read:
1403	348.0004  Purposes and powers.--
1404	(2)  Each authority may exercise all powers necessary,
1405	appurtenant, convenient, or incidental to the carrying out of
1406	its purposes, including, but not limited to, the following
1407	rights and powers:
1408	(f)1.  To fix, alter, charge, establish, and collect tolls,
1409	rates, fees, rentals, and other charges for the services and
1410	facilities system, which tolls, rates, fees, rentals, and other
1411	charges must always be sufficient to comply with any covenants
1412	made with the holders of any bonds issued pursuant to the
1413	Florida Expressway Authority Act. However, such right and power
1414	may be assigned or delegated by the authority to the department.
1415	Notwithstanding s. 338.165 or any other provision of law to the
1416	contrary, in any county as defined in s. 125.011(1), to the
1417	extent surplus revenues exist, they may be used for purposes
1418	enumerated in subsection (7), provided the expenditures are
1419	consistent with the metropolitan planning organization's adopted
1420	long-range plan. Notwithstanding any other provision of law to
1421	the contrary, but subject to any contractual requirements
1422	contained in documents securing any outstanding indebtedness
1423	payable from tolls, in any county as defined in s. 125.011(1),
1424	the board of county commissioners may, by ordinance adopted on
1425	or before September 30, 1999, alter or abolish existing tolls
1426	and currently approved increases thereto if the board provides a
1427	local source of funding to the county expressway system for
1428	transportation in an amount sufficient to replace revenues
1429	necessary to meet bond obligations secured by such tolls and
1430	increases.
1431	2.  Prior to raising tolls or establishing any new point of
1432	toll collection by either cash payment or electronic toll
1433	collection, an expressway authority in any county as defined in
1434	s. 125.011(1) shall provide, where applicable, the county
1435	commission, city commission, and metropolitan planning
1436	organization in the affected area with written justification for
1437	the proposed toll increase or new toll collection point. The
1438	local governmental entities and the metropolitan planning
1439	organization shall agenda the justification issue at its next
1440	available public meeting and shall have 30 days after the date
1441	of that meeting to request a public hearing on the proposed toll
1442	increase or new toll collection point. Copies of the written
1443	justification must also be provided to each member of the
1444	Legislature who represents a district affected by the proposed
1445	toll increase or new collection point, and the copies must be
1446	provided at the same time as the information is submitted to the
1447	local governmental entity. Within 60 days after receiving a
1448	public hearing request from a local government or metropolitan
1449	planning organization, the expressway authority shall hold at
1450	least two public hearings in the area to be affected by its
1451	proposal. The public hearings shall be advertised in a newspaper
1452	of general circulation, as defined in s. 97.021(16), in the
1453	affected county. Notice of the public hearing must be provided
1454	to each member of the Legislature who represents a district
1455	affected by the proposed toll increase or new collection point.
1456	During the public hearings, the expressway authority shall, at a
1457	minimum, present an in-depth cost-benefit analysis of the
1458	proposed toll increase, present an in-depth description of the
1459	transportation projects to be funded, and document all
1460	questions, suggestions, or other comments offered by the public.
1461	No toll increase shall become effective and no new point of toll
1462	collections shall become operational until 90 days after the
1463	last public hearing as required by this paragraph is held.
1464	Section 16.  Part X of chapter 348, Florida Statutes,
1465	consisting of sections 348.9801, 348.9802, 348.9803, 348.9804,
1466	348.9805, 348.9806, 348.9807, 348.9808, 348.9809, 348.9811,
1467	348.9812, 348.9813, 348.9814, 348.9815, 348.9816, and 348.9817,
1468	is created to read:
1469	PART X
1470	OSCEOLA COUNTY EXPRESSWAY AUTHORITY
1471	348.9801  Popular name.--This part shall be cited as the
1472	"Osceola County Expressway Authority Law."
1473	348.9802  Definitions.--The following terms, whenever used
1474	or referred to in this part, shall have the following meanings,
1475	except in those instances where the context clearly indicates
1476	otherwise:
1477	(1)  "Agency of the state" means and includes the state and
1478	any department of, or corporation, agency, or instrumentality
1479	heretofore or hereafter created, designated, or established by,
1480	the state.
1481	(2)  "Authority" means the body politic and corporate and
1482	agency of the state created by this part.
1483	(3)  "Bonds" means and includes the notes, bonds, refunding
1484	bonds, or other evidences of indebtedness or obligations, in
1485	either temporary or definitive form, which the authority is
1486	authorized to issue pursuant to this part.
1487	(4)  "County" means Osceola County.
1488	(5)  "Department" means the Department of Transportation.
1489	(6)  "Federal agency" means and includes the United States,
1490	the President of the United States, and any department of or
1491	corporation, agency, or instrumentality heretofore or hereafter
1492	created, designated, or established by the United States.
1493	(7)  "Lease-purchase agreement" means the lease-purchase
1494	agreements which the authority is authorized pursuant to this
1495	part to enter into with the department.
1496	(8)  "Limited access expressway" or "expressway" means a
1497	street or highway especially designed for through traffic and
1498	over, from, or to which no person shall have the right of
1499	easement, use, or access except in accordance with the rules and
1500	regulations promulgated and established by the authority for the
1501	use of such facility. Such highways or streets may be parkways
1502	from which trucks, buses, and other commercial vehicles shall be
1503	excluded, or they may be freeways open to use by all customary
1504	forms of street and highway traffic.
1505	(9)  "Members" means the governing body of the authority,
1506	and the term "member" means one of the individuals constituting
1507	such governing body.
1508	(10)  "Osceola County gasoline tax funds" means all the 80-
1509	percent surplus gasoline tax funds accruing in each year to the
1510	department for use in Osceola County under the provisions of s.
1511	9, Art. XII of the State Constitution after deduction only of
1512	any amounts of said gasoline tax funds heretofore pledged by the
1513	department or the county for outstanding obligations.
1514	(11)  "Osceola County Expressway System" means any and all
1515	expressways and appurtenant facilities thereto, including, but
1516	not limited to, all approaches, roads, bridges, and avenues of
1517	access for said expressway or expressways.
1518	(12)  "State Board of Administration" means the body
1519	corporate existing under the provisions of s. 9, Art. XII of the
1520	State Constitution, or any successor thereto.
1521
1522	Terms importing singular number include the plural number in
1523	each case and vice versa, and terms importing persons include
1524	firms and corporations.
1525	348.9803  Osceola County Expressway Authority.--
1526	(1)  There is hereby created and established a body politic
1527	and corporate, an agency of the state, to be known as the
1528	Osceola County Expressway Authority, hereinafter referred to as
1529	"authority."
1530	(2)  The governing body of the authority shall consist of
1531	five members. Three members shall be citizens of Osceola County,
1532	who shall be appointed by the governing body of the county. The
1533	fourth member shall be appointed by the Governor, and the fifth
1534	member shall be, ex officio, the district secretary of the
1535	Department of Transportation serving in the district that
1536	contains Osceola County. The term of each appointed member shall
1537	be for 4 years. However, the members appointed by the Governor
1538	for the first time shall serve a term of 2 years. Each appointed
1539	member shall hold office until his or her successor has been
1540	appointed and has qualified. A vacancy occurring during a term
1541	shall be filled only for the balance of the unexpired term. Each
1542	appointed member of the authority shall be a person of
1543	outstanding reputation for integrity, responsibility, and
1544	business ability, but no person who is an officer or employee of
1545	any city or of Osceola County in any other capacity shall be an
1546	appointed member of the authority. Any member of the authority
1547	shall be eligible for reappointment.
1548	(3)(a)  The authority shall elect one of its members as
1549	chair of the authority. The authority shall also elect a
1550	secretary and a treasurer who may or may not be members of the
1551	authority. The chair, secretary, and treasurer shall hold such
1552	offices at the will of the authority. Three members of the
1553	authority shall constitute a quorum, and the vote of three
1554	members shall be necessary for any action taken by the
1555	authority. No vacancy in the authority shall impair the right of
1556	a quorum of the authority to exercise all of the rights and
1557	perform all of the duties of the authority.
1558	(b)  Upon the effective date of his or her appointment or
1559	as soon thereafter as practicable, each appointed member of the
1560	authority shall enter upon his or her duties.
1561	(4)(a)  The authority may employ an executive secretary, an
1562	executive director, its own counsel and legal staff, technical
1563	experts, such engineers, and such employees, permanent or
1564	temporary, as it may require; may determine the qualifications
1565	and fix the compensation of such persons, firms, or
1566	corporations; and may employ a fiscal agent or agents. However,
1567	the authority shall solicit sealed proposals from at least three
1568	persons, firms, or corporations for the performance of any
1569	services as fiscal agents. The authority may delegate to one or
1570	more of its agents or employees such of its power as it shall
1571	deem necessary to carry out the purposes of this part, subject
1572	always to the supervision and control of the authority.
1573	(b)  Members of the authority may be removed from office by
1574	the Governor for misconduct, malfeasance, misfeasance, or
1575	nonfeasance in office. Members of the authority shall be
1576	entitled to receive from the authority their travel and other
1577	necessary expenses incurred in connection with the business of
1578	the authority as provided in s. 112.061, but they shall draw no
1579	salaries or other compensation.
1580	348.9804  Purposes and powers.--
1581	(1)(a)  The authority created and established by the
1582	provisions of this part is hereby granted and shall have the
1583	right to acquire, hold, construct, improve, maintain, operate,
1584	own, and lease in the capacity of lessor the Osceola County
1585	Expressway System, hereinafter referred to as "system."
1586	(b)  It is the express intention of this part that said
1587	authority, in the construction of said Osceola County Expressway
1588	System, shall be authorized to construct any extensions,
1589	additions, or improvements to said system or appurtenant
1590	facilities, including all necessary approaches, roads, bridges,
1591	and avenues of access with such changes, modifications, or
1592	revisions of said project as shall be deemed desirable and
1593	proper.
1594	(2)  The authority is hereby granted and shall have and may
1595	exercise all powers necessary, appurtenant, convenient, or
1596	incidental to the carrying out of its purposes, including, but
1597	not limited to, the following rights and powers:
1598	(a)  To sue and be sued, implead and be impleaded, and
1599	complain and defend in all courts.
1600	(b)  To adopt, use, and alter at will a corporate seal.
1601	(c)  To acquire by donation or otherwise, purchase, hold,
1602	lease as lessee, and use any franchise, property, real,
1603	personal, or mixed, tangible or intangible, or any options
1604	thereof, in its own name or in conjunction with others, or
1605	interest therein, necessary or desirable for carrying out the
1606	purposes of the authority, and to sell, lease as lessor,
1607	transfer, and dispose of any property or interest therein at any
1608	time acquired by it.
1609	(d)  To enter into and make leases for terms not exceeding
1610	40 years as either lessee or lessor in order to carry out the
1611	right to lease as set forth in this part.
1612	(e)  To enter into and make lease-purchase agreements with
1613	the department for terms not exceeding 40 years, or until any
1614	bonds secured by a pledge of rentals thereunder and any
1615	refundings thereof are fully paid as to both principal and
1616	interest, whichever is longer.
1617	(f)  To fix, alter, charge, establish, and collect rates,
1618	fees, rentals, and other charges for the services and facilities
1619	of the Osceola County Expressway System, which rates, fees,
1620	rentals, and other charges shall always be sufficient to comply
1621	with any covenants made with the holders of any bonds issued
1622	pursuant to this part; however, such right and power may be
1623	assigned or delegated by the authority to the department.
1624	(g)  To borrow money and make and issue negotiable notes,
1625	bonds, refunding bonds, and other evidences of indebtedness or
1626	obligations, either in temporary or definitive form, hereinafter
1627	in this part sometimes called "bonds" of the authority, for the
1628	purpose of financing all or part of the improvement or extension
1629	of the Osceola County Expressway System and appurtenant
1630	facilities, including all approaches, streets, roads, bridges,
1631	and avenues of access for said Osceola County Expressway System
1632	and for any other purpose authorized by this part, said bonds to
1633	mature in not exceeding 40 years from the date of the issuance
1634	thereof, and to secure the payment of such bonds or any part
1635	thereof by a pledge of any or all of its revenues, rates, fees,
1636	rentals, or other charges, including all or any portion of the
1637	Osceola County gasoline tax funds received by the authority
1638	pursuant to the terms of any lease-purchase agreement between
1639	the authority and the department; and, in general, to provide
1640	for the security of said bonds and the rights and remedies of
1641	the holders thereof. However, no portion of the Osceola County
1642	gasoline tax funds shall be pledged for the construction of any
1643	project for which a toll is to be charged unless the anticipated
1644	tolls are reasonably estimated by the board of county
1645	commissioners, at the date of its resolution pledging said
1646	funds, to be sufficient to cover the principal and interest of
1647	such obligations during the period when said pledge of funds
1648	shall be in effect.
1649	1.  The authority shall reimburse Osceola County for any
1650	sums expended from said gasoline tax funds used for the payment
1651	of such obligations. Any gasoline tax funds so disbursed shall
1652	be repaid when the authority deems it practicable, together with
1653	interest at the highest rate applicable to any obligations of
1654	the authority.
1655	2.  In the event the authority shall determine to fund or
1656	refund any bonds theretofore issued by said authority or by said
1657	commission as aforesaid prior to the maturity thereof, the
1658	proceeds of such funding or refunding bonds shall, pending the
1659	prior redemption of the bonds to be funded or refunded, be
1660	invested in direct obligations of the United States. It is the
1661	express intention of this part that such outstanding bonds may
1662	be funded or refunded by the issuance of bonds pursuant to this
1663	part.
1664	(h)  To make contracts of every name and nature, including,
1665	but not limited to, partnerships providing for participation in
1666	ownership and revenues, and to execute all instruments necessary
1667	or convenient for the carrying on of its business.
1668	(i)  Without limitation of the foregoing, to borrow money
1669	and accept grants from and to enter into contracts, leases, or
1670	other transactions with any federal agency, the state, any
1671	agency of the state, Osceola County, or with any other public
1672	body of the state.
1673	(j)  To have the power of eminent domain, including the
1674	procedural powers granted under chapters 73 and 74.
1675	(k)  To pledge, hypothecate, or otherwise encumber all or
1676	any part of the revenues, rates, fees, rentals, or other charges
1677	or receipts of the authority, including all or any portion of
1678	the Osceola County gasoline tax funds received by the authority
1679	pursuant to the terms of any lease-purchase agreement between
1680	the authority and the department, as security for all or any of
1681	the obligations of the authority.
1682	(l)  To enter into partnership and other agreements
1683	respecting ownership and revenue participation in order to
1684	facilitate financing and constructing any project or portions
1685	thereof.
1686	(m)  To participate in developer agreements or to receive
1687	developer contributions.
1688	(n)  To contract with Osceola County for the operation of a
1689	toll facility within the county.
1690	(o)  To do all acts and things necessary or convenient for
1691	the conduct of its business and the general welfare of the
1692	authority in order to carry out the powers granted to it by this
1693	part or any other law.
1694	(p)  With the consent of the county within whose
1695	jurisdiction the following activities occur, to construct,
1696	operate, and maintain roads, bridges, avenues of access,
1697	thoroughfares, and boulevards outside the jurisdictional
1698	boundaries of Osceola County and to construct, repair, replace,
1699	operate, install, and maintain electronic toll payment systems
1700	thereon with all necessary and incidental powers to accomplish
1701	the foregoing.
1702	(3)  The authority shall have no power at any time or in
1703	any manner to pledge the credit or taxing power of the state or
1704	any political subdivision or agency thereof, including Osceola
1705	County, nor shall any of the authority's obligations be deemed
1706	to be obligations of the state or of any political subdivision
1707	or agency thereof, nor shall the state or any political
1708	subdivision or agency thereof, except the authority, be liable
1709	for the payment of the principal of or interest on such
1710	obligations.
1711	(4)  Anything in this part to the contrary notwithstanding,
1712	acquisition of right-of-way for a project of the authority which
1713	is within the boundaries of any municipality in Osceola County
1714	shall not be started unless and until the route of said project
1715	within said municipality has been given prior approval by the
1716	governing body of said municipality.
1717	(5)  The authority shall have no power other than by
1718	consent of Osceola County or any affected city to enter into any
1719	agreement which would legally prohibit the construction of any
1720	road by Osceola County or by any municipality within Osceola
1721	County.
1722	348.9805  Improvements, bond financing authority
1723	for.--Pursuant to s. 11(f), Art. VII of the State Constitution,
1724	the Legislature hereby approves for bond financing by the
1725	Osceola County Expressway Authority improvements to toll
1726	collection facilities, interchanges to the legislatively
1727	approved expressway system, and any other facility appurtenant,
1728	necessary, or incidental to the approved system. Subject to
1729	terms and conditions of applicable revenue bond resolutions and
1730	covenants, such costs may be financed in whole or in part by
1731	revenue bonds issued pursuant to s. 348.9806(1)(a) or (b)
1732	whether currently issued or issued in the future, or by a
1733	combination of such bonds.
1734	348.9806  Bonds of the authority.--
1735	(1)(a)  Bonds may be issued on behalf of the authority
1736	pursuant to the State Bond Act.
1737	(b)  Alternatively, the authority may issue its own bonds
1738	pursuant to this part at such times and in such principal amount
1739	as, in the opinion of the authority, is necessary to provide
1740	sufficient moneys for achieving its purposes; however, such
1741	bonds may not pledge the full faith and credit of the state.
1742	Bonds issued by the authority pursuant to this paragraph or
1743	paragraph (a), whether on original issuance or on refunding,
1744	shall be authorized by resolution of the members thereof and may
1745	be either term or serial bonds, shall bear such date or dates,
1746	mature at such time or times, not exceeding 40 years from their
1747	respective dates, bear interest at such rate or rates, payable
1748	semiannually, be in such denominations, be in such form, either
1749	coupon or fully registered, shall carry such registration,
1750	exchangeability, and interchangeability privileges, be payable
1751	in such medium of payment and at such place or places, be
1752	subject to such terms of redemption, and be entitled to such
1753	priorities on the revenues, rates, fees, rentals, or other
1754	charges or receipts of the authority, including the Osceola
1755	County gasoline tax funds received by the authority pursuant to
1756	the terms of any lease-purchase agreement between the authority
1757	and the department, as such resolution or any resolution
1758	subsequent thereto may provide. The bonds shall be executed
1759	either by manual or facsimile signature by such officers as the
1760	authority shall determine, provided that such bonds shall bear
1761	at least one signature which is manually executed thereon, and
1762	the coupons attached to such bonds shall bear the facsimile
1763	signature or signatures of such officer or officers as shall be
1764	designated by the authority and shall have the seal of the
1765	authority affixed, imprinted, reproduced, or lithographed
1766	thereon, all as may be prescribed in such resolution or
1767	resolutions.
1768	(c)  Bonds issued pursuant to paragraph (a) or paragraph
1769	(b) shall be sold at public sale in the same manner provided by
1770	the State Bond Act. However, if the authority, by official
1771	action at a public meeting, determines that a negotiated sale of
1772	such bonds is in the best interest of the authority, the
1773	authority may negotiate the sale of such bonds with the
1774	underwriter designated by the authority and the Division of Bond
1775	Finance of the State Board of Administration with respect to
1776	bonds issued pursuant to paragraph (a) or solely the authority
1777	with respect to bonds issued pursuant to paragraph (b). The
1778	authority's determination to negotiate the sale of such bonds
1779	may be based, in part, upon the written advice of the
1780	authority's financial adviser. Pending the preparation of
1781	definitive bonds, interim certificates may be issued to the
1782	purchaser or purchasers of such bonds and may contain such terms
1783	and conditions as the authority may determine.
1784	(d)  The authority may issue bonds pursuant to paragraph
1785	(b) to refund any bonds previously issued regardless of whether
1786	the bonds being refunded were issued by the authority pursuant
1787	to this chapter or on behalf of the authority pursuant to the
1788	State Bond Act.
1789	(2)  Any such resolution or resolutions authorizing any
1790	bonds hereunder may contain provisions which shall be part of
1791	the contract with the holders of such bonds, as to:
1792	(a)  The pledging of all or any part of the revenues,
1793	rates, fees, rentals (including all or any portion of the
1794	Osceola County gasoline tax funds received by the authority
1795	pursuant to the terms of any lease-purchase agreement between
1796	the authority and the department, or any part thereof), or other
1797	charges or receipts of the authority, derived by the authority,
1798	from the Osceola County Expressway System.
1799	(b)  The completion, improvement, operation, extension,
1800	maintenance, repair, lease, or lease-purchase agreement of said
1801	system and the duties of the authority and others, including the
1802	department, with reference thereto.
1803	(c)  Limitations on the purposes to which the proceeds of
1804	the bonds, then or thereafter to be issued, or of any loan or
1805	grant by the United States or the state may be applied.
1806	(d)  The fixing, charging, establishing, and collecting of
1807	rates, fees, rentals, or other charges for use of the services
1808	and facilities of the Osceola County Expressway System or any
1809	part thereof.
1810	(e)  The setting aside of reserves or sinking funds or
1811	repair and replacement funds and the regulation and disposition
1812	thereof.
1813	(f)  Limitations on the issuance of additional bonds.
1814	(g)  The terms and provisions of any lease-purchase
1815	agreement, deed of trust, or indenture securing the bonds or
1816	under which the same may be issued.
1817	(h)  Any other or additional agreements with the holders of
1818	the bonds which the authority may deem desirable and proper.
1819	(3)  The authority may employ fiscal agents as provided by
1820	this part or the State Board of Administration may, upon request
1821	of the authority, act as fiscal agent for the authority in the
1822	issuance of any bonds which may be issued pursuant to this part.
1823	The State Board of Administration may, upon request of the
1824	authority, take over the management, control, administration,
1825	custody, and payment of any or all debt services, funds, or
1826	assets now or hereafter available for any bonds issued pursuant
1827	to this part. The authority may enter into any deeds of trust,
1828	indentures, or other agreements with its fiscal agent or with
1829	any bank or trust company within or without the state as
1830	security for such bonds and may, under such agreements, sign and
1831	pledge all or any of the revenues, rates, fees, rentals, or
1832	other charges or receipts of the authority, including all or any
1833	portion of the Osceola County gasoline tax funds received by the
1834	authority pursuant to the terms of any lease-purchase agreement
1835	between the authority and the department, thereunder. Such deed
1836	of trust, indenture, or other agreement may contain such
1837	provisions as are customary in such instruments or, as the
1838	authority may authorize, including but without limitation,
1839	provisions as to:
1840	(a)  The completion, improvement, operation, extension,
1841	maintenance, repair, and lease of or lease-purchase agreement
1842	relating to the Osceola County Expressway System and the duties
1843	of the authority and others including the department with
1844	reference thereto.
1845	(b)  The application of funds and the safeguarding of funds
1846	on hand or on deposit.
1847	(c)  The rights and remedies of the trustee and the holders
1848	of the bonds.
1849	(d)  The terms and provisions of the bonds or the
1850	resolutions authorizing the issuance of same.
1851	(4)  Any of the bonds issued pursuant to this part are, and
1852	are hereby declared to be, negotiable instruments and shall have
1853	all the qualities and incidents of negotiable instruments under
1854	the law merchant and the negotiable instruments law of the
1855	state.
1856	(5)  Notwithstanding any of the provisions of this part,
1857	each project, building, or facility which has been financed by
1858	the issuance of bonds or other evidence of indebtedness under
1859	this part and any refinancing thereof is hereby approved as
1860	provided for in s. 11(f), Art. VII of the State Constitution.
1861	348.9807  Remedies of the bondholders.--
1862	(1)  The rights and the remedies herein conferred upon or
1863	granted to the bondholders shall be in addition to and not in
1864	limitation of any rights and remedies lawfully granted to such
1865	bondholders by the resolution or resolutions providing for the
1866	issuance of bonds or by a lease-purchase agreement, deed of
1867	trust, indenture, or other agreement under which the bonds may
1868	be issued or secured. In the event that the authority defaults
1869	in the payment of the principal of or interest on any of the
1870	bonds issued pursuant to the provisions of this part after such
1871	principal of or interest on said bonds becomes due, whether at
1872	maturity or upon call for redemption, or in the event that the
1873	department defaults in any payments under or covenants made in
1874	any lease-purchase agreement between the authority and the
1875	department and such default continues for a period of 30 days,
1876	or in the event that the authority or the department fails or
1877	refuses to comply with the provisions of this part or any
1878	agreement made with or for the benefit of the holders of the
1879	bonds, the holders of 25 percent in aggregate principal amount
1880	of the bonds then outstanding shall be entitled as of right to
1881	the appointment of a trustee to represent such bondholders for
1882	the purposes hereof, provided that such holders of 25 percent in
1883	aggregate principal amount of the bonds then outstanding first
1884	give notice to the authority and to the department of their
1885	intention to appoint a trustee. Such notice shall be deemed to
1886	have been given if given in writing, deposited in a securely
1887	sealed postpaid wrapper, mailed at a regularly maintained United
1888	States post office box or station, and addressed, respectively,
1889	to the chair of the authority and to the Secretary of
1890	Transportation at the principal office of the department.
1891	(2)  Such trustee and any trustee under any deed of trust,
1892	indenture, or other agreement may and, upon written request of
1893	the holders of 25 percent or such other percentages as may be
1894	specified in any deed of trust, indenture, or other agreement
1895	aforesaid in principal amount of the bonds then outstanding,
1896	shall, in any court of competent jurisdiction in his, her, or
1897	its own name:
1898	(a)  By mandamus or other suit, action, or proceeding at
1899	law or in equity, enforce all rights of the bondholders,
1900	including the right to require the authority to fix, establish,
1901	maintain, collect, and charge rates, fees, rentals, and other
1902	charges adequate to carry out any agreement as to or pledge of
1903	the revenues or receipts of the authority to carry out any other
1904	covenants and agreements with or for the benefit of the
1905	bondholders, and to perform its and their duties under this
1906	part.
1907	(b)  By mandamus or other suit, action, or proceeding at
1908	law or in equity, enforce all rights of the bondholders under or
1909	pursuant to any lease-purchase agreement between the authority
1910	and the department, including the right to require the
1911	department to make all rental payments required to be made by it
1912	under the provisions of any such lease-purchase agreement,
1913	whether from the Osceola County gasoline tax funds or other
1914	funds of the department so agreed to be paid, and to require the
1915	department to carry out any other covenants and agreements with
1916	or for the benefit of the bondholders and to perform its and
1917	their duties under this part.
1918	(c)  Bring suit upon the bonds.
1919	(d)  By action or suit in equity, require the authority or
1920	the department to account as if it were the trustee of an
1921	express trust for the bondholders.
1922	(e)  By action or suit in equity, enjoin any acts or things
1923	which may be unlawful or in violation of the rights of the
1924	bondholders.
1925	(3)  Whether or not all bonds have been declared due and
1926	payable, any trustee, when appointed under this section or
1927	acting under a deed of trust, indenture, or other agreement,
1928	shall be entitled as of right to the appointment of a receiver
1929	who may enter upon and take possession of the Osceola County
1930	Expressway System or the facilities or any part or parts
1931	thereof, the rates, fees, rentals, or other revenues, charges,
1932	or receipts from which are or may be applicable to the payment
1933	of the bonds so in default, and, subject to and in compliance
1934	with the provisions of any lease-purchase agreement between the
1935	authority and the department, operate and maintain the same for
1936	and on behalf and in the name of the authority, the department,
1937	and the bondholders and collect and receive all rates, fees,
1938	rentals, and other charges or receipts or revenues arising
1939	therefrom in the same manner as the authority or the department
1940	might do, and shall deposit all such moneys in a separate
1941	account and apply the same in such manner as the court shall
1942	direct. In any suit, action, or proceeding by the trustee, the
1943	fees, counsel fees, and expenses of the trustee and said
1944	receiver, if any, and all costs and disbursements allowed by the
1945	court shall be a first charge on any rates, fees, rentals, or
1946	other charges, revenues, or receipts derived from the Osceola
1947	County Expressway System or the facilities or services or any
1948	part or parts thereof, including payments under any such lease-
1949	purchase agreement as aforesaid, which said rates, fees,
1950	rentals, or other charges, revenues, or receipts shall or may be
1951	applicable to the payment of the bonds so in default. Such
1952	trustee shall also have and possess all of the powers necessary
1953	or appropriate for the exercise of any functions specifically
1954	set forth in this part or incident to the representation of the
1955	bondholders in the enforcement and protection of their rights.
1956	(4)  Nothing in this section or any other section of this
1957	part shall authorize any receiver appointed pursuant to this
1958	part for the purpose, subject to and in compliance with the
1959	provisions of any lease-purchase agreement between the authority
1960	and the department, of operating and maintaining the Osceola
1961	County Expressway System or any facilities or part or parts
1962	thereof to sell, assign, mortgage, or otherwise dispose of any
1963	of the assets of whatever kind and character belonging to the
1964	authority. It is the intention of this part to limit the powers
1965	of such receiver, subject to and in compliance with the
1966	provisions of any lease-purchase agreement between the authority
1967	and the department, to the operation and maintenance of the
1968	Osceola County Expressway System or any facility or part or
1969	parts thereof, as the court may direct, in the name and for and
1970	on behalf of the authority, the department, and the bondholders.
1971	No holder of bonds on the authority nor any trustee shall ever
1972	have the right in any suit, action, or proceeding at law or in
1973	equity to compel a receiver, nor shall any receiver be
1974	authorized or any court be empowered to direct the receiver, to
1975	sell, assign, mortgage, or otherwise dispose of any assets of
1976	whatever kind or character belonging to the authority.
1977	348.9808  Lease-purchase agreement.--
1978	(1)  In order to effectuate the purposes of this part and
1979	as authorized by this part, the authority may enter into a
1980	lease-purchase agreement with the department relating to and
1981	covering the Osceola County Expressway System.
1982	(2)  Such lease-purchase agreement shall provide for the
1983	leasing of the Osceola County Expressway System by the authority
1984	as lessor to the department as lessee, shall prescribe the term
1985	of such lease and the rentals to be paid thereunder, and shall
1986	provide that, upon the completion of the faithful performance
1987	thereunder and the termination of such lease-purchase agreement,
1988	title in fee simple absolute to the Osceola County Expressway
1989	System as then constituted shall be transferred in accordance
1990	with law by the authority to the state and the authority shall
1991	deliver to the department such deeds and conveyances as shall be
1992	necessary or convenient to vest title in fee simple absolute in
1993	the state.
1994	(3)  Such lease-purchase agreement may include such other
1995	provisions, agreements, and covenants as the authority and the
1996	department deem advisable or required, including, but not
1997	limited to, provisions as to the bonds to be issued under and
1998	for the purposes of this part; the completion, extension,
1999	improvement, operation, and maintenance of the Osceola County
2000	Expressway System; the expenses and the cost of operation of
2001	said authority; the charging and collection of tolls, rates,
2002	fees, and other charges for the use of the services and
2003	facilities thereof; the application of federal or state grants
2004	or aid which may be made or given to assist the authority in the
2005	completion, extension, improvement, operation, and maintenance
2006	of the Orlando Expressway System, which the authority is hereby
2007	authorized to accept and apply to such purposes; the enforcement
2008	of payment and collection of rentals; and any other terms,
2009	provisions, or covenants necessary, incidental, or appurtenant
2010	to the making of and full performance under such lease-purchase
2011	agreement.
2012	(4)  The department as lessee under such lease-purchase
2013	agreement is hereby authorized to pay as rentals thereunder any
2014	rates, fees, charges, funds, moneys, receipts, or income
2015	accruing to the department from the operation of the Osceola
2016	County Expressway System and the Osceola County gasoline tax
2017	funds and may also pay as rentals any appropriations received by
2018	the department pursuant to any act of the Legislature heretofore
2019	or hereafter enacted. However, nothing herein or in such lease-
2020	purchase agreement is intended to require, nor shall this part
2021	or such lease-purchase agreement require, the making or
2022	continuance of such appropriations, nor shall any holder of
2023	bonds issued pursuant to this part ever have any right to compel
2024	the making or continuance of such appropriations.
2025	(5)  No pledge of said Osceola County gasoline tax funds as
2026	rentals under such lease-purchase agreement shall be made
2027	without the consent of Osceola County evidenced by a resolution
2028	duly adopted by the board of county commissioners of said county
2029	at a public hearing held pursuant to due notice thereof
2030	published at least once a week for 3 consecutive weeks before
2031	the hearing in a newspaper of general circulation in Osceola
2032	County. In addition to other provisions, the resolution shall
2033	provide that any excess of said pledged gasoline tax funds which
2034	is not required for debt service or reserves for such debt
2035	service for any bonds issued by said authority shall be returned
2036	annually to the department for distribution to Osceola County as
2037	provided by law. Before making any application for such pledge
2038	of gasoline tax funds, the authority shall present the plan of
2039	its proposed project to the Osceola County Planning and Zoning
2040	Commission for its comments and recommendations.
2041	(6)  The department shall have power to covenant in any
2042	lease-purchase agreement that it will pay all or any part of the
2043	cost of the operation, maintenance, repair, renewal, and
2044	replacement of the system and any part of the cost of completing
2045	the system to the extent that the proceeds of bonds issued
2046	therefor are insufficient from sources other than the revenues
2047	derived from the operation of the system and Osceola County
2048	gasoline tax funds. The department may also agree to make such
2049	other payments from any moneys available to the commission or
2050	the county in connection with the construction or completion of
2051	the system as shall be deemed by the department to be fair and
2052	proper under any such covenants heretofore or hereafter entered
2053	into.
2054	(7)  The system shall be a part of the state road system
2055	and the department is hereby authorized, upon the request of the
2056	authority, to expend out of any funds available for the purpose
2057	such moneys and to use such of its engineering and other forces
2058	as may be necessary and desirable in the judgment of the
2059	department for the operation of the authority and for traffic
2060	surveys, borings, surveys, preparation of plans and
2061	specifications, estimates of cost, and other preliminary
2062	engineering and other studies; however, the aggregate amount of
2063	moneys expended for said purposes by the department shall not
2064	exceed the sum of $375,000.
2065	348.9809  Department may be appointed agent of authority
2066	for construction.--The authority may appoint the department as
2067	its agent for the purpose of constructing improvements and
2068	extensions to the Osceola County Expressway System and for the
2069	completion thereof. In such event, the authority shall provide
2070	the department with complete copies of all documents,
2071	agreements, resolutions, contracts, and instruments relating
2072	thereto and shall request the department to do such construction
2073	work, including the planning, surveying, and actual construction
2074	of the completion, extensions, and improvements to the Osceola
2075	County Expressway System, and shall transfer to the credit of an
2076	account of the department in the treasury of the state the
2077	necessary funds therefor, and the department shall thereupon be
2078	authorized, empowered, and directed to proceed with such
2079	construction and to use the funds for such purpose in the same
2080	manner that it is now authorized to use the funds otherwise
2081	provided by law for its use in construction of roads and
2082	bridges.
2083	348.9811  Acquisition of lands and property.--
2084	(1)  For the purposes of this part, the Osceola County
2085	Expressway Authority may acquire private or public property and
2086	property rights, including rights of access, air, view, and
2087	light by gift, devise, purchase, or condemnation by eminent
2088	domain proceedings, as the authority may deem necessary for any
2089	of the purposes of this part, including, but not limited to, any
2090	lands reasonably necessary for securing applicable permits,
2091	areas necessary for management of access, borrow pits, drainage
2092	ditches, water retention areas, rest areas, replacement access
2093	for landowners whose access is impaired due to the construction
2094	of a facility, and replacement rights-of-way for relocated rail
2095	and utility facilities; for existing, proposed, or anticipated
2096	transportation facilities on the Osceola County Expressway
2097	System or in a transportation corridor designated by the
2098	authority; or for the purposes of screening, relocation,
2099	removal, or disposal of junkyards and scrap metal processing
2100	facilities. The authority shall also have the power to condemn
2101	any material and property necessary for such purposes.
2102	(2)  The right of eminent domain conferred in this part
2103	shall be exercised by the authority in the manner provided by
2104	law.
2105	(3)  When the authority acquires property for a
2106	transportation facility or in a transportation corridor, it is
2107	not subject to any liability imposed by chapter 376 or chapter
2108	403 for preexisting soil or groundwater contamination due solely
2109	to its ownership. This section does not affect the rights or
2110	liabilities of any past or future owners of the acquired
2111	property, nor does it affect the liability of any governmental
2112	entity for the results of its actions which create or exacerbate
2113	a pollution source. The authority and the Department of
2114	Environmental Protection may enter into interagency agreements
2115	for the performance, funding, and reimbursement of the
2116	investigative and remedial acts necessary for property acquired
2117	by the authority.
2118	348.9812  Cooperation with other units, boards, agencies,
2119	and individuals.--Express authority and power is hereby given
2120	and granted any county, municipality, drainage district, road
2121	and bridge district, school district, or any other political
2122	subdivision, board, commission, or individual in or of the state
2123	to make and enter into with the authority contracts, leases,
2124	conveyances, partnerships, or other agreements within the
2125	provisions and purposes of this part. The authority is hereby
2126	expressly authorized to make and enter into contracts, leases,
2127	conveyances, partnerships, and other agreements with any
2128	political subdivision, agency, or instrumentality of the state
2129	and any and all federal agencies, corporations, and individuals
2130	for the purpose of carrying out the provisions of this part.
2131	348.9813  Covenant of the state.--The state does hereby
2132	pledge to and agrees with any person, firm, or corporation or
2133	federal or state agency subscribing to or acquiring the bonds to
2134	be issued by the authority for the purposes of this part that
2135	the state will not limit or alter the rights hereby vested in
2136	the authority and the department until all bonds at any time
2137	issued together with the interest thereon are fully paid and
2138	discharged insofar as the same affects the rights of the holders
2139	of bonds issued hereunder. The state does further pledge to and
2140	agree with the United States that in the event any federal
2141	agency shall construct or contribute any funds for the
2142	completion, extension, or improvement of the Osceola County
2143	Expressway System, or any part or portion thereof, the state
2144	will not alter or limit the rights and powers of the authority
2145	and the department in any manner which would be inconsistent
2146	with the continued maintenance and operation of the Osceola
2147	County Expressway System or the completion, extension, or
2148	improvement thereof or which would be inconsistent with the due
2149	performance of any agreements between the authority and any such
2150	federal agency. The authority and the department shall continue
2151	to have and may exercise all powers herein granted so long as
2152	the same shall be necessary or desirable for the carrying out of
2153	the purposes of this part and the purposes of the United States
2154	in the completion, extension, or improvement of the Osceola
2155	County Expressway System or any part or portion thereof.
2156	348.9814  Exemption from taxation.--The effectuation of the
2157	authorized purposes of the authority created under this part is,
2158	shall, and will be in all respects for the benefit of the people
2159	of the state, for the increase of their commerce and prosperity,
2160	and for the improvement of their health and living conditions,
2161	and, since such authority will be performing essential
2162	governmental functions in effectuating such purposes, such
2163	authority shall not be required to pay any taxes or assessments
2164	of any kind or nature whatsoever upon any property acquired or
2165	used by it for such purposes, or upon any rates, fees, rentals,
2166	receipts, income, or charges at any time received by it, and the
2167	bonds issued by the authority, their transfer, and the income
2168	therefrom, including any profits made on the sale thereof, shall
2169	at all times be free from taxation of any kind by the state or
2170	by any political subdivision, taxing agency, or instrumentality
2171	thereof. The exemption granted by this section shall not be
2172	applicable to any tax imposed by chapter 220 on interest,
2173	income, or profits on debt obligations owned by corporations.
2174	348.9815  Eligibility for investments and security.--Any
2175	bonds or other obligations issued pursuant to this part shall be
2176	and constitute legal investments for banks, savings banks,
2177	trustees, executors, administrators, and all other fiduciaries
2178	and for all state, municipal, and other public funds and shall
2179	also be and constitute securities eligible for deposit as
2180	security for all state, municipal, or other public funds,
2181	notwithstanding the provisions of any other law or laws to the
2182	contrary.
2183	348.9816  Pledges enforceable by bondholders.--It is the
2184	express intention of this part that any pledge by the department
2185	of rates, fees, revenues, Osceola County gasoline tax funds, or
2186	other funds as rentals to the authority, or any covenants or
2187	agreements relative thereto, may be enforceable in any court of
2188	competent jurisdiction against the authority or directly against
2189	the department by any holder of bonds issued by the authority.
2190	348.9817  This part complete and additional authority.--
2191	(1)  The powers conferred by this part shall be in addition
2192	and supplemental to the existing powers of the board and the
2193	department, and this part shall not be construed as repealing
2194	any of the provisions of any other law, general, special, or
2195	local, but to supersede such other laws in the exercise of the
2196	powers provided in this part and to provide a complete method
2197	for the exercise of the powers granted in this part. The
2198	extension and improvement of the Osceola County Expressway
2199	System and the issuance of bonds hereunder to finance all or
2200	part of the cost thereof may be accomplished upon compliance
2201	with the provisions of this part without regard to or necessity
2202	for compliance with the provisions, limitations, or restrictions
2203	contained in any other general, special, or local law,
2204	including, but not limited to, s. 215.821. No approval of any
2205	bonds issued under this part by the qualified electors or
2206	qualified electors who are freeholders in the state or in
2207	Osceola County or in any other political subdivision of the
2208	state shall be required for the issuance of such bonds pursuant
2209	to this part.
2210	(2)  This part shall not be deemed to repeal, rescind, or
2211	modify the Osceola County Charter. This part shall not be deemed
2212	to repeal, rescind, or modify any other law relating to the
2213	State Board of Administration, the Department of Transportation,
2214	or the Division of Bond Finance of the State Board of
2215	Administration but shall be deemed to and shall supersede such
2216	other laws as are inconsistent with the provisions of this part,
2217	including, but not limited to, s. 215.821.
2218	Section 17.  Section 373.4137, Florida Statutes, is amended
2219	to read:
2220	373.4137  Mitigation requirements for specified
2221	transportation projects.--
2222	(1)  The Legislature finds that environmental mitigation
2223	for the impact of transportation projects proposed by the
2224	Department of Transportation or a transportation authority
2225	established pursuant to chapter 348 or chapter 349 can be more
2226	effectively achieved by regional, long-range mitigation planning
2227	rather than on a project-by-project basis. It is the intent of
2228	the Legislature that mitigation to offset the adverse effects of
2229	these transportation projects be funded by the Department of
2230	Transportation and be carried out by the Department of
2231	Environmental Protection and the water management districts,
2232	including the use of mitigation banks established pursuant to
2233	this part.
2234	(2)  Environmental impact inventories for transportation
2235	projects proposed by the Department of Transportation or a
2236	transportation authority established pursuant to chapter 348 or
2237	chapter 349 shall be developed as follows:
2238	(a)  By July May 1 of each year, the Department of
2239	Transportation or a transportation authority established
2240	pursuant to chapter 348 or chapter 349 shall submit to the
2241	Department of Environmental Protection and the water management
2242	districts a copy of its adopted work program and an
2243	environmental impact inventory of habitats addressed in the
2244	rules adopted tentatively, pursuant to this part and s. 404 of
2245	the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted by
2246	its plan of construction for transportation projects in the next
2247	3 years of the tentative work program. The Department of
2248	Transportation or a transportation authority established
2249	pursuant to chapter 348 or chapter 349 may also include in its
2250	environmental impact inventory the habitat impacts of any future
2251	transportation project identified in the tentative work program.
2252	The Department of Transportation and each transportation
2253	authority established pursuant to chapter 348 or chapter 349 may
2254	fund any mitigation activities for future projects using
2255	current-year funds.
2256	(b)  The environmental impact inventory shall include a
2257	description of these habitat impacts, including their location,
2258	acreage, and type; state water quality classification of
2259	impacted wetlands and other surface waters; any other state or
2260	regional designations for these habitats; and a survey of
2261	threatened species, endangered species, and species of special
2262	concern affected by the proposed project.
2263	(3)(a)  To fund development and implementation of the
2264	mitigation plan for the projected impacts identified in the
2265	environmental impact inventory described in subsection (2), the
2266	Department of Transportation shall identify funds quarterly in
2267	an escrow account within the State Transportation Trust Fund for
2268	the environmental mitigation phase of projects budgeted by the
2269	Department of Transportation for the current fiscal year. The
2270	escrow account shall be maintained by the Department of
2271	Transportation for the benefit of the Department of
2272	Environmental Protection and the water management districts. Any
2273	interest earnings from the escrow account shall remain with the
2274	Department of Transportation.
2275	(b)  Each transportation authority established pursuant to
2276	chapter 348 or chapter 349 that chooses to participate in this
2277	program shall create an escrow account within its financial
2278	structure and deposit funds in the account to pay for the
2279	environmental mitigation phase of projects budgeted for the
2280	current fiscal year. The escrow account shall be maintained by
2281	the authority for the benefit of the Department of Environmental
2282	Protection and the water management districts. Any interest
2283	earnings from the escrow account shall remain with the
2284	authority.
2285	(c)  Except for current mitigation projects in the
2286	monitoring and maintenance phase and except as allowed by
2287	paragraph (d), the Department of Environmental Protection or
2288	water management districts may request a transfer of funds from
2289	an escrow account no sooner than 30 days prior to the date the
2290	funds are needed to pay for activities associated with
2291	development or implementation of the approved mitigation plan
2292	described in subsection (4) for the current fiscal year,
2293	including, but not limited to, design, engineering, production,
2294	and staff support. Actual conceptual plan preparation costs
2295	incurred before plan approval may be submitted to the Department
2296	of Transportation or the appropriate transportation authority
2297	and the Department of Environmental Protection by November 1 of
2298	each year with the plan. The conceptual plan preparation costs
2299	of each water management district will be paid from mitigation
2300	funds associated with the environmental impact inventory for the
2301	current year based on the amount approved on the mitigation plan
2302	and allocated to the current fiscal year projects identified by
2303	the water management district. The amount transferred to the
2304	escrow accounts each year by the Department of Transportation
2305	and participating transportation authorities established
2306	pursuant to chapter 348 or chapter 349 shall correspond to a
2307	cost per acre of $75,000 multiplied by the projected acres of
2308	impact identified in the environmental impact inventory
2309	described in subsection (2). However, the $75,000 cost per acre
2310	does not constitute an admission against interest by the state
2311	or its subdivisions nor is the cost admissible as evidence of
2312	full compensation for any property acquired by eminent domain or
2313	through inverse condemnation. Each July 1, the cost per acre
2314	shall be adjusted by the percentage change in the average of the
2315	Consumer Price Index issued by the United States Department of
2316	Labor for the most recent 12-month period ending September 30,
2317	compared to the base year average, which is the average for the
2318	12-month period ending September 30, 1996. Each quarter At the
2319	end of each year, the projected acreage of impact shall be
2320	reconciled with the acreage of impact of projects as permitted,
2321	including permit modifications, pursuant to this part and s. 404
2322	of the Clean Water Act, 33 U.S.C. s. 1344. The subject year's
2323	transfer of funds shall be adjusted accordingly to reflect the
2324	acreage of impacts as permitted overtransfer or undertransfer of
2325	funds from the preceding year. The Department of Transportation
2326	and participating transportation authorities established
2327	pursuant to chapter 348 or chapter 349 are authorized to
2328	transfer such funds from the escrow accounts to the Department
2329	of Environmental Protection and the water management districts
2330	to carry out the mitigation programs. For a mitigation project
2331	that is in the maintenance and monitoring phase, the water
2332	management district may request and receive a one-time payment
2333	based on the project's expected future maintenance and
2334	monitoring costs. Upon disbursement of the final maintenance and
2335	monitoring payment, the escrow account for the project
2336	established by the Department of Transportation or the
2337	participating transportation authority may be closed. Any
2338	interest earned on these disbursed funds shall remain with the
2339	water management district and must be used as authorized under
2340	paragraph (4)(c).
2341	(d)  Beginning in the 2005-2006 fiscal year, each water
2342	management district shall be paid a lump-sum amount of $75,000
2343	per acre, adjusted as provided under paragraph (c), for
2344	federally funded transportation projects that are included on
2345	the environmental impact inventory and that have an approved
2346	mitigation plan. Beginning in the 2009-2010 fiscal year, each
2347	water management district shall be paid a lump-sum amount of
2348	$75,000 per acre, adjusted as provided under paragraph (c), for
2349	federally funded and nonfederally funded transportation projects
2350	that have an approved mitigation plan. All mitigation costs,
2351	including, but not limited to, the costs of preparing conceptual
2352	plans and the costs of design, construction, staff support,
2353	future maintenance, and monitoring the mitigated acres, shall be
2354	funded through these lump-sum amounts.
2355	(4)  Prior to March December 1 of each year, each water
2356	management district, in consultation with the Department of
2357	Environmental Protection, the United States Army Corps of
2358	Engineers, the Department of Transportation, transportation
2359	authorities established pursuant to chapter 348 or chapter 349,
2360	and other appropriate federal, state, and local governments, and
2361	other interested parties, including entities operating
2362	mitigation banks, shall develop a plan for the primary purpose
2363	of complying with the mitigation requirements adopted pursuant
2364	to this part and 33 U.S.C. s. 1344. This plan shall also address
2365	significant invasive plant problems within wetlands and other
2366	surface waters. In developing such plans, the districts shall
2367	utilize sound ecosystem management practices to address
2368	significant water resource needs and shall focus on activities
2369	of the Department of Environmental Protection and the water
2370	management districts, such as surface water improvement and
2371	management (SWIM) projects waterbodies and lands identified for
2372	potential acquisition for preservation, restoration or, and
2373	enhancement, and the control of invasive and exotic plants in
2374	wetlands and other surface waters, to the extent that such
2375	activities comply with the mitigation requirements adopted under
2376	this part and 33 U.S.C. s. 1344. In determining the activities
2377	to be included in such plans, the districts shall also consider
2378	the purchase of credits from public or private mitigation banks
2379	permitted under s. 373.4136 and associated federal authorization
2380	and shall include such purchase as a part of the mitigation plan
2381	when such purchase would offset the impact of the transportation
2382	project, provide equal benefits to the water resources than
2383	other mitigation options being considered, and provide the most
2384	cost-effective mitigation option. The mitigation plan shall be
2385	submitted to preliminarily approved by the water management
2386	district governing board or its designee and shall be submitted
2387	to the secretary of the Department of Environmental Protection
2388	for review and final approval. The preliminary approval by the
2389	water management district governing board does not constitute a
2390	decision that affects substantial interests as provided by s.
2391	120.569. At least 14 30 days prior to preliminary approval, the
2392	water management district shall provide a copy of the draft
2393	mitigation plan to any person who has requested a copy.
2394	(a)  For each transportation project with a funding request
2395	for the next fiscal year, the mitigation plan must include a
2396	brief explanation of why a mitigation bank was or was not chosen
2397	as a mitigation option, including an estimation of identifiable
2398	costs of the mitigation bank and nonbank options to the extent
2399	practicable.
2400	(b)  Specific projects may be excluded from the mitigation
2401	plan, in whole or in part, and shall not be subject to this
2402	section upon the agreement of the Department of Transportation,
2403	or a transportation authority if applicable, the Department of
2404	Environmental Protection, and the appropriate water management
2405	district that the inclusion of such projects would hamper the
2406	efficiency or timeliness of the mitigation planning and
2407	permitting process., or the Department of Environmental
2408	Protection and The water management district may choose to
2409	exclude a project, in whole or in part, if the district is are
2410	unable to identify mitigation that would offset the impacts of
2411	the project.
2412	(c)  Surface water improvement and management or invasive
2413	plant control projects undertaken using the $12 million advance
2414	transferred from the Department of Transportation to the
2415	Department of Environmental Protection in fiscal year 1996-1997
2416	which meet the requirements for mitigation under this part and
2417	33 U.S.C. s. 1344 shall remain available for mitigation until
2418	the $12 million is fully credited up to and including fiscal
2419	year 2005-2006. When these projects are used as mitigation, the
2420	$12 million advance shall be reduced by $75,000 per acre of
2421	impact mitigated. For any fiscal year through and including
2422	fiscal year 2005-2006, To the extent the cost of developing and
2423	implementing the mitigation plans is less than the funds placed
2424	in the escrow account amount transferred pursuant to subsection
2425	(3), the difference shall be retained by the Department of
2426	Transportation and credited towards the $12 million advance
2427	until the Department of Transportation is fully refunded for
2428	this advance funding. After the $12 million advance funding is
2429	fully credited Except as provided in this paragraph, any funds
2430	not directed to implement the mitigation plan should, to the
2431	greatest extent possible, be directed to fund invasive plant
2432	control within wetlands and other surface waters, SWIM projects,
2433	or other water-resource projects approved by the governing board
2434	of the water management district which may be appropriate to
2435	offset environmental impacts of future transportation projects.
2436	The water management districts may request these funds upon
2437	submittal of the final invoice for each road project.
2438	(5)  The water management district shall be responsible for
2439	ensuring that mitigation requirements pursuant to 33 U.S.C. s.
2440	1344 are met for the impacts identified in the environmental
2441	impact inventory described in subsection (2), by implementation
2442	of the approved plan described in subsection (4) to the extent
2443	funding is provided by the Department of Transportation, or a
2444	transportation authority established pursuant to chapter 348 or
2445	chapter 349, if applicable. During the federal permitting
2446	process, the water management district may deviate from the
2447	approved mitigation plan in order to comply with federal
2448	permitting requirements.
2449	(6)  The mitigation plans shall be updated annually to
2450	reflect the most current Department of Transportation work
2451	program and project list of a transportation authority
2452	established pursuant to chapter 348 or chapter 349, if
2453	applicable, and may be amended throughout the year to anticipate
2454	schedule changes or additional projects which may arise. Each
2455	update and amendment of the mitigation plan shall be submitted
2456	to the governing board of the water management district or its
2457	designee secretary of the Department of Environmental Protection
2458	for approval. However, such approval shall not be applicable to
2459	a deviation as described in subsection (5).
2460	(7)  Upon approval by the governing board of the water
2461	management district or its designee secretary of the Department
2462	of Environmental Protection, the mitigation plan shall be deemed
2463	to satisfy the mitigation requirements under this part for
2464	impacts specifically identified in the environmental impact
2465	inventory described in subsection (2) and any other mitigation
2466	requirements imposed by local, regional, and state agencies for
2467	these same impacts identified in the inventory described in
2468	subsection (2). The approval of the governing board of the water
2469	management district or its designee secretary shall authorize
2470	the activities proposed in the mitigation plan, and no other
2471	state, regional, or local permit or approval shall be necessary.
2472	(8)  This section shall not be construed to eliminate the
2473	need for the Department of Transportation or a transportation
2474	authority established pursuant to chapter 348 or chapter 349 to
2475	comply with the requirement to implement practicable design
2476	modifications, including realignment of transportation projects,
2477	to reduce or eliminate the impacts of its transportation
2478	projects on wetlands and other surface waters as required by
2479	rules adopted pursuant to this part, or to diminish the
2480	authority under this part to regulate other impacts, including
2481	water quantity or water quality impacts, or impacts regulated
2482	under this part that are not identified in the environmental
2483	impact inventory described in subsection (2).
2484	(9)  The process for environmental mitigation for the
2485	impact of transportation projects under this section shall be
2486	available to an expressway, bridge, or transportation authority
2487	established under chapter 348 or chapter 349. Use of this
2488	process may be initiated by an authority depositing the
2489	requisite funds into an escrow account set up by the authority
2490	and filing an environmental impact inventory with the
2491	appropriate water management district. An authority that
2492	initiates the environmental mitigation process established by
2493	this section shall comply with subsection (6) by timely
2494	providing the appropriate water management district and the
2495	Department of Environmental Protection with the requisite work
2496	program information. A water management district may draw down
2497	funds from the escrow account as provided in this section.
2498	Section 18.  Bicycle system study.--Prior to October 1,
2499	2005, the Department of Transportation shall perform a bicycle
2500	system study of bicycle facilities that are on or connected to
2501	the State Highway System. The results of the bicycle system
2502	study shall be presented to the Governor, the President of the
2503	Senate, and the Speaker of the House of Representatives by
2504	October 1, 2005. The bicycle system study shall include paved
2505	bicycle lanes, bicycle trails, bicycle paths, and any route or
2506	facility designated specifically for bicycle traffic. The study
2507	shall be performed by a consultant selected and funded by the
2508	department and shall be managed by the department's state
2509	Pedestrian and Bicycle Coordinator. The study shall include:
2510	(1)  Review of department standards for bicycle lanes to
2511	determine if they meet the needs of the state's bicyclists.
2512	(2)  Identification of state highways with existing
2513	designated bicycle lanes.
2514	(3)  Identification of state highways with no designated
2515	bicycle lanes and any constraints to incorporating these
2516	facilities.
2517	(4)  Providing electronic mapping of those facilities
2518	identified in subsections (2) and (3).
2519	(5)  Identification of all bicycle facility needs on the
2520	State Highway System.
2521	(6)  Review and identification of possible funding sources
2522	for new or improved facilities.
2523	(7)  A proposed implementation plan that will identify the
2524	incorporation of bicycle facilities on those state highways
2525	programmed for rehabilitation or new construction in the
2526	department's 5-year work program. The proposed plan will include
2527	the costs associated within the work program to add these
2528	facilities.
2529	Section 19.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.