HB 1681

1
A bill to be entitled
2An act relating to transportation; creating s. 311.22,
3F.S.; establishing a program to provide matching funds for
4dredging projects in eligible counties; requiring that
5funds appropriated under the program be used for certain
6projects; requiring that the Florida Seaport
7Transportation and Economic Development Council adopt
8rules for evaluating the dredging projects; providing
9criteria for the rules; providing for a project-review
10process by the Department of Community Affairs, the
11Department of Transportation, and the Office of Tourism,
12Trade, and Economic Development; amending s. 332.007,
13F.S.; authorizing the Department of Transportation to fund
14certain eligible aviation planning projects to be
15performed by not-for-profit organizations representing a
16majority of public airports; amending s. 337.11, F.S.;
17adding written work orders to the type of documents
18covered by the department's contracting laws; specifying
19changes to surety bondholder's liability under certain
20circumstances; creating s. 337.195, F.S.; providing
21presumptions relating to liability in certain actions
22against the department; limiting liability, in certain
23circumstances, of contractors and engineers doing work for
24the department; amending s. 338.155, F.S.; providing that
25persons participating in the funeral procession of a law
26enforcement officer or firefighter killed in the line of
27duty are exempt from paying tolls; amending s. 339.175,
28F.S.; requiring metropolitan planning organizations to
29have recorded roll-votes and super-majority votes on
30certain plans; amending s. 339.64, F.S.; requiring the
31Florida Transportation Commission to include as part of
32its annual work program review an assessment of the
33department's progress on the Strategic Intermodal System;
34requiring an annual report to the Governor and the
35Legislature by a certain time period; directing the
36department to coordinate with federal, regional, and local
37entities for transportation planning that impacts military
38installations; requiring the Strategic Intermodal System
39Plan to include an assessment of the impacts of proposed
40projects on military installations; adding a military
41representative to the Governor's appointees to the
42Strategic Intermodal Transportation Advisory Council;
43deleting obsolete provisions; creating part IV of chapter
44343, F.S., entitled "Northwest Florida Transportation
45Corridor Authority"; providing a short title; providing
46definitions; creating the Northwest Florida Transportation
47Corridor Authority encompassing Escambia, Santa Rosa,
48Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
49Counties; providing for a governing body of the authority;
50providing for membership, organization, purposes, and
51powers of the authority; requiring a master plan;
52providing for the U.S. 98 Corridor System; prohibiting
53tolls on certain existing highways and other
54transportation facilities within the corridor; providing
55for procurement; providing bond financing authority for
56improvements; providing for bonds of the authority;
57providing for fiscal agents; providing that the State
58Board of Administration may act as fiscal agent; providing
59for certain financial agreements; providing for the rights
60and remedies of bondholders; providing for a lease-
61purchase agreement with the department; authorizing the
62authority to appoint the department as its agent for
63construction; providing for acquisition of lands and
64property; providing for cooperation with other units,
65boards, agencies, and individuals; providing for public-
66private partnerships; providing covenant of the state;
67providing for exemption from taxation; providing for
68eligibility for investments and security; providing that
69pledges are enforceable by bondholders; providing for
70complete and additional statutory authority for the
71department and other state agencies; amending s. 337.251,
72F.S.; authorizing the department to adopt rules governing
73the leasing of property for joint public-private
74development; amending s. 337.406, F.S.; granting local
75governments authority to issue permits allowing limited
76temporary use of state transportation right-of-way;
77clarifying limited access facilities are not included in
78such authority; amending s. 339.55, F.S.; establishing a
79maximum limit on state-funded infrastructure bank loans to
80the State Transportation Trust Fund; amending s. 373.4137,
81F.S.; revising the requirements for projects intended to
82mitigate the adverse effects of transportation projects;
83removing the Department of Environmental Protection from
84the mitigation process; revising requirements for the
85Department of Transportation and the transportation
86authorities with respect to submitting plans and
87inventories; authorizing the use of current-year funds for
88future projects; revising the requirements for reconciling
89escrow accounts used to fund mitigation projects;
90authorizing payments to a water management district to
91fund the costs of future maintenance and monitoring;
92requiring specified lump-sum payments to be used for the
93mitigation costs of certain projects; authorizing a
94governing board of a water management district to approve
95the use of mitigation funds for certain future projects;
96requiring that mitigation plans be approved by the water
97management district rather than the Department of
98Environmental Protection; amending s. 380.06, F.S.,
99relating to developments of regional impact; deleting a
100provision stating criteria for determining when a change
101to certain airports necessitates a review; directing the
102Department of Transportation to select and fund a
103consultant to perform a study of bicycle facilities on or
104connected to the State Highway System; requiring the
105results of the study to be presented to the Governor and
106the Legislature; providing for management of the study by
107the State Pedestrian and Bicycle Coordinator; providing
108for inclusion of certain elements in the study; requiring
109the study to include an implementation plan; providing an
110effective date.
111
112Be It Enacted by the Legislature of the State of Florida:
113
114     Section 1.  Section 311.22, Florida Statutes, is created to
115read:
116     311.22  Additional authorization for funding certain
117dredging projects.--
118     (1)  The Florida Seaport Transportation and Economic
119Development Council shall establish a program to fund dredging
120projects in counties having a population of fewer than 300,000
121according to the last official census. Funds made available
122under this program may be used to fund approved projects for the
123dredging or deepening of channels, turning basins, or harbors on
124a 50-50 matching basis with any port authority, as such term is
125defined in s. 315.02(2), which complies with the permitting
126requirements in part IV of chapter 373 and the local financial
127management and reporting provisions of part III of chapter 218.
128     (2)  The council shall adopt rules for evaluating the
129projects that may be funded pursuant to this section. The rules
130must provide criteria for evaluating the economic benefit of the
131project. The rules must include the creation of an
132administrative review process by the council which is similar to
133the process described in s. 311.09(5)-(12), and provide for a
134review by the Department of Community Affairs, the Department of
135Transportation, and the Office of Tourism, Trade, and Economic
136Development of all projects submitted for funding under this
137section.
138     Section 2.  Subsection (10) is added to section 332.007,
139Florida Statutes, to read:
140     332.007  Administration and financing of aviation and
141airport programs and projects; state plan.--
142     (10)  The department may also fund eligible projects
143performed by not-for-profit organizations that represent a
144majority of public airports in this state. Eligible projects may
145include activities associated with aviation master planning,
146professional education, safety and security planning, enhancing
147economic development and efficiency at airports in this state,
148or other planning efforts to improve the viability of airports
149in this state.
150     Section 3.  Subsection (8) of section 337.11, Florida
151Statutes, is amended to read:
152     337.11  Contracting authority of department; bids;
153emergency repairs, supplemental agreements, and change orders;
154combined design and construction contracts; progress payments;
155records; requirements of vehicle registration.--
156     (8)(a)  The department shall permit the use of written
157supplemental agreements, written work orders pursuant to a
158contingency pay item or contingency supplemental agreement, and
159written change orders to any contract entered into by the
160department.  Any supplemental agreement shall be reduced to
161written contract form, approved by the contractor's surety, and
162executed by the contractor and the department.  Any supplemental
163agreement modifying any item in the original contract must be
164approved by the head of the department, or his or her designee,
165and executed by the appropriate person designated by him or her.
166Any surety issuing a bond under s. 337.18 shall be fully liable
167under such surety bond to the full extent of any modified
168contract amount up to and including 25 percent over the original
169contract amount and without regard to the fact that the surety
170was not aware of or did not approve such modifications. However,
171if modifications of the original contract amount cumulatively
172result in modifications of the contract amount in excess of 25
173percent of the original contract amount, the surety's approval
174shall be required to bind the surety under the bond on that
175portion in excess of 25 percent of the original contract amount.
176     (b)  Supplemental agreements and written work orders
177pursuant to a contingency pay item or contingency supplemental
178agreement shall be used to clarify the plans and specifications
179of a contract; to provide for major quantity differences which
180result in the contractor's work effort exceeding the original
181contract amount by more than 5 percent; to provide for
182unforeseen work, grade changes, or alterations in plans which
183could not reasonably have been contemplated or foreseen in the
184original plans and specifications; to change the limits of
185construction to meet field conditions; to provide a safe and
186functional connection to an existing pavement; to settle
187contract claims; and to make the project functionally
188operational in accordance with the intent of the original
189contract. Supplemental agreements may be used to expand the
190physical limits of a project only to the extent necessary to
191make the project functionally operational in accordance with the
192intent of the original contract. The cost of any such agreement
193extending the physical limits of a project shall not exceed
194$100,000 or 10 percent of the original contract price, whichever
195is greater.
196     (c)  Written change orders may be issued by the department
197and accepted by the contractor covering minor changes in the
198plans, specifications, or quantities of work within the scope of
199a contract, when prices for the items of work affected are
200previously established in the contract, but in no event may such
201change orders extend the physical limits of the work.
202     (d)  For the purpose of this section, the term "physical
203limits" means the length or width of any project and
204specifically includes drainage facilities not running parallel
205to the project.  The length and width of temporary connections
206affected by such supplemental agreements shall be established in
207accordance with current engineering practice.
208     (e)  Upon completion and final inspection of the contract
209work, the department may accept the improvement if it is in
210substantial compliance with the plans, specifications, special
211provisions, proposals, and contract and if a proper adjustment
212in the contract price is made.
213     (f)  Any supplemental agreement or change order in
214violation of this section is null and void and unenforceable for
215payment.
216     Section 4.  Section 337.195, Florida Statutes, is created
217to read:
218     337.195  Limits on liability.--
219     (1)  In a civil action for the death of or injury to a
220person, or for damage to property, against the Department of
221Transportation or its agents, consultants, or contractors for
222work performed on a highway, road, street, bridge, or other
223transportation facility when the death, injury, or damage
224resulted from a motor vehicle crash within a construction zone
225in which the driver of one of the vehicles was under the
226influence of alcoholic beverages as set forth in s. 316.193,
227under the influence of any chemical substance as set forth in s.
228877.111, or illegally under the influence of any substance
229controlled under chapter 893 to the extent that her or his
230normal faculties were impaired or that she or he operated a
231vehicle recklessly as defined in s. 316.192, it is presumed that
232the driver's operation of the vehicle was the sole proximate
233cause of his or her own death, injury, or damage. This
234presumption can be overcome if the gross negligence or
235intentional misconduct of the Department of Transportation, or
236of its agents, consultants, or contractors, was a proximate
237cause of the driver's death, injury, or damage.
238     (2)  A contractor who constructs, maintains, or repairs a
239highway, road, street, bridge, or other transportation facility
240for the Department of Transportation is not liable to a claimant
241for personal injury, property damage, or death arising from the
242performance of the construction, maintenance, or repair if, at
243the time of the personal injury, property damage, or death, the
244contractor was in compliance with contract documents material to
245the condition that was the proximate cause of the personal
246injury, property damage, or death.
247     (a)  The limitation on liability contained in this
248subsection does not apply when the proximate cause of the
249personal injury, property damage, or death is a latent
250condition, defect, error, or omission that was created by the
251contractor and not a defect, error, or omission in the contract
252documents; or when the proximate cause of the personal injury,
253property damage or death was the contractor's failure to
254perform, update or comply with the maintenance of traffic safety
255plan as required by the contract documents.
256     (b)  Nothing in this subsection shall be interpreted or
257construed as relieving the contractor of any obligation to
258provide the Department of Transportation with written notice of
259any apparent error or omission in the contract documents.
260     (c)  Nothing in this subsection shall be interpreted or
261construed to alter or affect any claim of the Department of
262Transportation against such contractor.
263     (d)  This subsection does not affect any claim of any
264entity against such contractor, which claim is associated with
265such entity's facilities on or in Department of Transportation
266roads or other transportation facilities.
267     (3)  In all cases involving personal injury, property
268damage, or death, a person or entity who contracts to prepare or
269provide engineering plans for the construction or repair of a
270highway, road, street, bridge, or other transportation facility
271for the Department of Transportation shall be presumed to have
272prepared such engineering plans using the degree of care and
273skill ordinarily exercised by other engineers in the field under
274similar conditions and in similar localities and with due regard
275for acceptable engineering standards and principles if the
276engineering plans conformed to the Department of
277Transportation's design standards material to the condition or
278defect that was the proximate cause of the person injury,
279property damage, or death. This presumption can be overcome only
280upon a showing of the person's or entity's gross negligence in
281the preparation of the engineering plans and shall not be
282interpreted or construed to alter or affect any claim of the
283Department of Transportation against such person or entity. The
284limitation on liability contained in this subsection shall not
285apply to any hidden or undiscoverable condition created by the
286engineer. This subsection does not affect any claim of any
287entity against such engineer or engineering firm, which claim is
288associated with such entity's facilities on or in Department of
289Transportation roads or other transportation facilities.
290     (4)  In any civil action for death, injury, or damages
291against the Department of Transportation or its agents,
292consultants, engineers or contractors for work performed on a
293highway, road, street, bridge, or other transportation facility,
294if the department, its agents, consultants, engineers, or
295contractors are immune from liability pursuant to this section
296or are not parties to the litigation, they may not be named on
297the jury verdict form or be found to be at fault or responsible
298for the injury, death, or damage that gave rise to the damages.
299     Section 5.  Subsection (1) of section 338.155, Florida
300Statutes, is amended to read:
301     338.155  Payment of toll on toll facilities required;
302exemptions.--
303     (1)  No persons are permitted to use any toll facility
304without payment of tolls, except employees of the agency
305operating the toll project when using the toll facility on
306official state business, state military personnel while on
307official military business, handicapped persons as provided in
308this section, persons exempt from toll payment by the
309authorizing resolution for bonds issued to finance the facility,
310and persons exempt on a temporary basis where use of such toll
311facility is required as a detour route. Any law enforcement
312officer operating a marked official vehicle is exempt from toll
313payment when on official law enforcement business. Any person
314operating a fire vehicle when on official business or a rescue
315vehicle when on official business is exempt from toll payment.
316Any person participating in the funeral procession of a law
317enforcement officer or firefighter killed in the line of duty is
318exempt from toll payment. The secretary, or the secretary's
319designee, may suspend the payment of tolls on a toll facility
320when necessary to assist in emergency evacuation. The failure to
321pay a prescribed toll constitutes a noncriminal traffic
322infraction, punishable as a moving violation pursuant to s.
323318.18. The department is authorized to adopt rules relating to
324guaranteed toll accounts.
325     Section 6.  Subsection (12) is added to section 339.175,
326Florida Statutes, to read:
327     339.175  Metropolitan planning organization.--It is the
328intent of the Legislature to encourage and promote the safe and
329efficient management, operation, and development of surface
330transportation systems that will serve the mobility needs of
331people and freight within and through urbanized areas of this
332state while minimizing transportation-related fuel consumption
333and air pollution. To accomplish these objectives, metropolitan
334planning organizations, referred to in this section as M.P.O.'s,
335shall develop, in cooperation with the state and public transit
336operators, transportation plans and programs for metropolitan
337areas. The plans and programs for each metropolitan area must
338provide for the development and integrated management and
339operation of transportation systems and facilities, including
340pedestrian walkways and bicycle transportation facilities that
341will function as an intermodal transportation system for the
342metropolitan area, based upon the prevailing principles provided
343in s. 334.046(1). The process for developing such plans and
344programs shall provide for consideration of all modes of
345transportation and shall be continuing, cooperative, and
346comprehensive, to the degree appropriate, based on the
347complexity of the transportation problems to be addressed. To
348ensure that the process is integrated with the statewide
349planning process, M.P.O.'s shall develop plans and programs that
350identify transportation facilities that should function as an
351integrated metropolitan transportation system, giving emphasis
352to facilities that serve important national, state, and regional
353transportation functions. For the purposes of this section,
354those facilities include the facilities on the Strategic
355Intermodal System designated under s. 339.63.
356     (12)  VOTING REQUIREMENTS.--Each long-range transportation
357plan required pursuant to subsection (6); each annually updated
358Transportation Improvement Program required under subsection
359(7), and each amendment that affects projects in the first 3
360years of such plans and programs, must be approved by each
361M.P.O. on a recorded roll call vote of the membership present.
362     Section 7.  Section 339.64, Florida Statutes, is amended to
363read:
364     339.64  Strategic Intermodal System Plan.--
365     (1)  The department shall develop, in cooperation with
366metropolitan planning organizations, regional planning councils,
367local governments, the Statewide Intermodal Transportation
368Advisory Council and other transportation providers, a Strategic
369Intermodal System Plan. The plan shall be consistent with the
370Florida Transportation Plan developed pursuant to s. 339.155 and
371shall be updated at least once every 5 years, subsequent to
372updates of the Florida Transportation Plan.
373     (2)  In association with the continued development of the
374initial Strategic Intermodal System Plan and other
375transportation plans, the Florida Transportation Commission, as
376part of its work program review process, shall conduct an annual
377assessment of the progress that the department and its
378transportation partners have made in realizing the goals of
379economic development, improved mobility, and increased
380intermodal connectivity need for an improved philosophical
381approach to regional and intermodal input in the planning for
382and governing of the Strategic Intermodal System and other
383transportation systems. The Florida Transportation Commission
384shall coordinate with the department, the Statewide Intermodal
385Transportation Advisory Council, and other appropriate entities
386when developing this assessment. The Florida Transportation
387Commission shall deliver a report to the Governor and
388Legislature no later than 14 days after the regular session
389begins by December 15, 2003, with recommendations as necessary
390to fully implement the Strategic Intermodal System.
391     (3)(a)  During the development of updates to the Strategic
392Intermodal System Plan and the development of all subsequent
393updates, the department shall provide metropolitan planning
394organizations, regional planning councils, local governments,
395transportation providers, affected public agencies, and citizens
396with an opportunity to participate in and comment on the
397development of the proposed plan or update.
398     (b)  The department also shall coordinate with federal,
399regional, and local partners the planning for the Strategic
400Highway Network and the Strategic Rail Corridor Network
401transportation facilities that either are included in the
402Strategic Intermodal System or that provide a direct connection
403between military installations and the Strategic Intermodal
404System. In addition, the department shall coordinate with
405regional and local partners to determine whether the road and
406other transportation infrastructure that connects military
407installations to the Strategic Intermodal System, the Strategic
408Highway Network, or the Strategic Rail Corridor is regionally
409significant and should be included in the Strategic Intermodal
410System Plan.
411     (4)  The Strategic Intermodal System Plan shall include the
412following:
413     (a)  A needs assessment.
414     (b)  A project prioritization process.
415     (c)  A map of facilities designated as Strategic Intermodal
416System facilities; and facilities that are emerging in
417importance that are likely to become part of the system in the
418future; and planned facilities that will meet the established
419criteria.
420     (d)  A finance plan based on reasonable projections of
421anticipated revenues, including both 10-year and 20-year cost-
422feasible components.
423     (e)  An assessment of the impacts of proposed improvements
424to Strategic Intermodal System corridors on military
425installations that are either located directly on the Strategic
426Intermodal System or located on the Strategic Highway Network or
427Strategic Rail Corridor Network.
428     (5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.--
429     (a)  The Statewide Intermodal Transportation Advisory
430Council is created to advise and make recommendations to the
431Legislature and the department on policies, planning, and
432funding of intermodal transportation projects. The council's
433responsibilities shall include:
434     1.  Advising the department on the policies, planning, and
435implementation of strategies related to intermodal
436transportation.
437     2.  Providing advice and recommendations to the Legislature
438on funding for projects to move goods and people in the most
439efficient and effective manner for the State of Florida.
440     (b)  MEMBERSHIP.--Members of the Statewide Intermodal
441Transportation Advisory Council shall consist of the following:
442     1.  Six Five intermodal industry representatives selected
443by the Governor as follows:
444     a.  One representative from an airport involved in the
445movement of freight and people from their airport facility to
446another transportation mode.
447     b.  One individual representing a fixed-route, local-
448government transit system.
449     c.  One representative from an intercity bus company
450providing regularly scheduled bus travel as determined by
451federal regulations.
452     d.  One representative from a spaceport.
453     e.  One representative from intermodal trucking companies.
454     f.  One representative having command responsibilities of a
455major military installation.
456     2.  Three intermodal industry representatives selected by
457the President of the Senate as follows:
458     a.  One representative from major-line railroads.
459     b.  One representative from seaports listed in s. 311.09(1)
460from the Atlantic Coast.
461     c.  One representative from an airport involved in the
462movement of freight and people from their airport facility to
463another transportation mode.
464     3.  Three intermodal industry representatives selected by
465the Speaker of the House of Representatives as follows:
466     a.  One representative from short-line railroads.
467     b.  One representative from seaports listed in s. 311.09(1)
468from the Gulf Coast.
469     c.  One representative from intermodal trucking companies.
470In no event may this representative be employed by the same
471company that employs the intermodal trucking company
472representative selected by the Governor.
473     (c)  Initial appointments to the council must be made no
474later than 30 days after the effective date of this section.
475     1.  The initial appointments made by the President of the
476Senate and the Speaker of the House of Representatives shall
477serve terms concurrent with those of the respective appointing
478officer. Beginning January 15, 2005, and for all subsequent
479appointments, council members appointed by the President of the
480Senate and the Speaker of the House of Representatives shall
481serve 2-year terms, concurrent with the term of the respective
482appointing officer.
483     2.  The initial appointees, and all subsequent appointees,
484made by the Governor shall serve 2-year terms.
485     3.  Vacancies on the council shall be filled in the same
486manner as the initial appointments.
487     (d)  Each member of the council shall be allowed one vote.
488The council shall select a chair from among its membership.
489Meetings shall be held at the call of the chair, but not less
490frequently than quarterly. The members of the council shall be
491reimbursed for per diem and travel expenses as provided in s.
492112.061.
493     (e)  The department shall provide administrative staff
494support and shall ensure that council meetings are
495electronically recorded. Such recordings and all documents
496received, prepared for, or used by the council in conducting its
497business shall be preserved pursuant to chapters 119 and 257.
498     Section 8.  Part IV of chapter 343, Florida Statutes,
499consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
500343.835, 343.836, 343.837, 343.84, 343.85, 343.87, 343.875,
501343.88, 343.881, 343.884, 343.885, and 343.89, is created to
502read:
503
PART IV
504
NORTHWEST FLORIDA TRANSPORTATION CORRIDOR AUTHORITY
505     343.80  Short title.--This part may be cited as the
506"Northwest Florida Transportation Corridor Authority Law."
507     343.805  Definitions.--As used in this part, the term:
508     (1)  "Agency of the state" means the state and any
509department of, or corporation, agency, or instrumentality
510heretofore or hereafter created, designated, or established by,
511the state.
512     (2)  "Authority" means the body politic and corporate and
513agency of the state created by this part.
514     (3)  "Bonds" means the notes, bonds, refunding bonds, or
515other evidences of indebtedness or obligations, in either
516temporary or definitive form, which the authority is authorized
517to issue pursuant to this part.
518     (4)  "Department" means the Department of Transportation
519existing under chapters 334-339.
520     (5)  "Federal agency" means the United States, the
521President of the United States, and any department of, or
522corporation, agency, or instrumentality heretofore or hereafter
523created, designated, or established by, the United States.
524     (6)  "Lease-purchase agreement" means the lease-purchase
525agreements that the authority is authorized pursuant to this
526part to enter into with the Department of Transportation.
527     (7)  "Limited access expressway" or "expressway" means a
528street or highway especially designed for through traffic and
529over, from, or to which a person does not have the right of
530easement, use, or access except in accordance with the rules
531adopted and established by the authority for the use of such
532facility. Such highway or street may be a parkway, from which
533trucks, buses, and other commercial vehicles are excluded, or it
534may be a freeway open to use by all customary forms of street
535and highway traffic.
536     (8)  "Members" means the governing body of the authority,
537and the term "member" means one of the individuals constituting
538such governing body.
539     (9)  "State Board of Administration" means the body
540corporate existing under the provisions of s. 9, Art. XII of the
541State Constitution, or any successor thereto.
542     (10)  "U.S. 98 corridor" means U.S. Highway 98 and any
543feeder roads, reliever roads, connector roads, bridges, and
544other transportation appurtenances, existing or constructed in
545the future, that support U.S. Highway 98 in Escambia, Santa
546Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
547Counties.
548     (11)  "U.S. 98 corridor system" means any and all
549expressways and appurtenant facilities, including, but not
550limited to, all approaches, roads, bridges, and avenues of
551access for the expressways that are either built by the
552authority or whose ownership is transferred to the authority by
553other governmental or private entities.
554
555Terms importing singular number include the plural number in
556each case and vice versa, and terms importing persons include
557firms and corporations.
558     343.81  Northwest Florida Transportation Corridor
559Authority.--
560     (1)  There is created and established a body politic and
561corporate, an agency of the state, to be known as the Northwest
562Florida Transportation Corridor Authority, hereinafter referred
563to as "the authority."
564     (2)(a)  The governing body of the authority shall consist
565of eight voting members, one each from Escambia, Santa Rosa,
566Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
567appointed by the Governor to a 4-year term. The appointees shall
568be residents of their respective counties. Upon the effective
569date of his or her appointment, or as soon thereafter as
570practicable, each appointed member of the authority shall enter
571upon his or her duties. Each appointed member shall hold office
572until his or her successor has been appointed and has qualified.
573A vacancy occurring during a term shall be filled only for the
574balance of the unexpired term. Any member of the authority shall
575be eligible for reappointment. Members of the authority may be
576removed from office by the Governor for misconduct, malfeasance,
577misfeasance, or nonfeasance in office.
578     (b)  The district secretary of the Department of
579Transportation serving Northwest Florida shall serve as an ex
580officio, nonvoting member.
581     (3)(a)  The authority shall elect one of its members as
582chair and shall also elect a secretary and a treasurer who may
583or may not be members of the authority. The chair, secretary,
584and treasurer shall hold such offices at the will of the
585authority.
586     (b)  Five members of the authority shall constitute a
587quorum, and the vote of at least five members shall be necessary
588for any action taken by the authority. A vacancy in the
589authority does not impair the right of a quorum of the authority
590to exercise all of the rights and perform all of the duties of
591the authority.
592     (c)  The authority shall meet at least quarterly but may
593meet more frequently upon the call of the chair. The authority
594should alternate the locations of its meetings among the seven
595counties.
596     (4)  Members of the authority shall serve without
597compensation but shall be entitled to receive from the authority
598their travel expenses and per diem incurred in connection with
599the business of the authority, as provided in s. 112.061.
600     (5)  The authority may employ an executive director, an
601executive secretary, its own counsel and legal staff, technical
602experts, engineers, and such employees, permanent or temporary,
603as it may require. The authority shall determine the
604qualifications and fix the compensation of such persons, firms,
605or corporations and may employ a fiscal agent or agents;
606however, the authority shall solicit sealed proposals from at
607least three persons, firms, or corporations for the performance
608of any services as fiscal agents. The authority may delegate to
609one or more of its agents or employees its power as it shall
610deem necessary to carry out the purposes of this part, subject
611always to the supervision and control of the authority.
612     (6)  The authority may establish technical advisory
613committees to provide guidance and advice on corridor-related
614issues. The authority shall establish the size, composition, and
615focus of any technical advisory committee created. A member
616appointed to a technical advisory committee shall serve without
617compensation but shall be entitled to per diem or travel
618expenses, as provided in s. 112.061.
619     343.82  Purposes and powers.--
620     (1)  The primary purpose of the authority is to improve
621mobility on the U.S. 98 corridor in Northwest Florida to enhance
622traveler safety, identify and develop hurricane evacuation
623routes, promote economic development along the corridor, and
624implement transportation projects to alleviate current or
625anticipated traffic congestion.
626     (2)  The authority is authorized to construct any feeder
627roads, reliever roads, connector roads, bypasses, or appurtenant
628facilities that are intended to improve mobility along the U.S.
62998 corridor. The transportation improvement projects may also
630include all necessary approaches, roads, bridges, and avenues of
631access that are desirable and proper with the concurrence, where
632applicable, of the department if the project is to be part of
633the State Highway System or the respective county or municipal
634governing boards. Any transportation facilities constructed by
635the authority may be tolled.
636     (3)(a)  The authority shall develop and adopt a corridor
637master plan no later than July 1, 2007. The goals and objectives
638of the master plan are to identify areas of the corridor where
639mobility, traffic safety, and efficient hurricane evacuation
640needs to be improved; evaluate the economic development
641potential of the corridor and consider strategies to develop
642that potential; develop methods of building partnerships with
643local governments, other state and federal entities, the
644private-sector business community, and the public in support of
645corridor improvements; and to identify projects that will
646accomplish these goals and objectives.
647     (b)  After its adoption, the master plan shall be updated
648annually before July 1 of each year.
649     (c)  The authority shall present the original master plan
650and updates to the governing bodies of the counties within the
651corridor and to the legislative delegation members representing
652those counties within 90 days after adoption.
653     (d)  The authority may undertake projects or other
654improvements in the master plan in phases as particular projects
655or segments thereof become feasible, as determined by the
656authority. In carrying out its purposes and powers, the
657authority may request funding and technical assistance from the
658department and appropriate federal and local agencies,
659including, but not limited to, state infrastructure bank loans,
660advances from the Toll Facilities Revolving Trust Fund, and from
661any other sources.
662     (4)  The authority is granted and shall have and may
663exercise all powers necessary, appurtenant, convenient, or
664incidental to the carrying out of the aforesaid purposes,
665including, but not limited to, the following rights and powers:
666     (a)  To acquire, hold, construct, improve, maintain,
667operate, own, and lease in the capacity of lessor transportation
668facilities within the U.S. 98 corridor.
669     (b)  To borrow money and to make and issue negotiable
670notes, bonds, refunding bonds, and other evidences of
671indebtedness or obligations, either in temporary or definitive
672form, hereinafter in this chapter sometimes called "revenue
673bonds" of the authority, for the purpose of financing all or
674part of the mobility improvements within the U.S. 98 corridor,
675as well as the appurtenant facilities, including all approaches,
676streets, roads, bridges, and avenues of access authorized by
677this part, the bonds to mature not exceeding 40 years after the
678date of the issuance thereof, and to secure the payment of such
679bonds or any part thereof by a pledge of any or all of its
680revenues, rates, fees, rentals, or other charges.
681     (c)  To fix, alter, charge, establish, and collect tolls,
682rates, fees, rentals, and other charges for the services and
683facilities of the Northwest Florida Transportation Corridor
684System, which rates, fees, rentals, and other charges shall
685always be sufficient to comply with any covenants made with the
686holders of any bonds issued pursuant to this part; however, such
687right and power may be assigned or delegated by the authority to
688the department. The authority may not impose tolls or other
689charges on existing highways and other transportation facilities
690within the corridor.
691     (d)  To acquire by donation or otherwise, purchase, hold,
692lease as lessee, and use any franchise, property, real,
693personal, or mixed, tangible or intangible, or any options
694thereof in its own name or in conjunction with others, or
695interest therein, necessary or desirable for carrying out the
696purposes of the authority and to sell, lease as lessor,
697transfer, and dispose of any property or interest therein at any
698time acquired by it.
699     (e)  To sue and be sued, implead and be impleaded,
700complain, and defend in all courts.
701     (f)  To adopt, use, and alter at will a corporate seal.
702     (g)  To enter into and make leases.
703     (h)  To enter into and make lease-purchase agreements with
704the department for terms not exceeding 40 years or until any
705bonds secured by a pledge of rentals thereunder, and any
706refundings thereof, are fully paid as to both principal and
707interest, whichever is longer.
708     (i)  To make contracts of every name and nature, including,
709but not limited to, partnerships providing for participation in
710ownership and revenues, and to execute all instruments necessary
711or convenient for the carrying on of its business.
712     (j)  Without limitation of the foregoing, to borrow money
713and accept grants from and to enter into contracts, leases, or
714other transactions with any federal agency, the state, any
715agency of the state, or any other public body of the state.
716     (k)  To have the power of eminent domain, including the
717procedural powers granted under chapters 73 and 74.
718     (l)  To pledge, hypothecate, or otherwise encumber all or
719any part of the revenues, rates, fees, rentals, or other charges
720or receipts of the authority.
721     (m)  To enter into partnership and other agreements
722respecting ownership and revenue participation in order to
723facilitate financing and constructing any project or portions
724thereof.
725     (n)  To participate in agreements with private entities and
726to receive private contributions.
727     (o)  To contract with the department or with a private
728entity for the operation of traditional and electronic toll
729collection facilities along the U.S. 98 corridor.
730     (p)  To do all acts and things necessary or convenient for
731the conduct of its business and the general welfare of the
732authority in order to carry out the powers granted to it by this
733part or any other law.
734     (q)  To construct, operate, and maintain roads, bridges,
735avenues of access, thoroughfares, and boulevards and to
736construct, repair, replace, operate, install, and maintain
737electronic toll payment systems thereon, with all necessary and
738incidental powers to accomplish the foregoing.
739     (5)  The authority does not have power at any time or in
740any manner to pledge the credit or taxing power of the state or
741any political subdivision or agency thereof, nor shall any of
742the authority's obligations be deemed to be obligations of the
743state or of any political subdivision or agency thereof, nor
744shall the state or any political subdivision or agency thereof,
745except the authority, be liable for the payment of the principal
746of or interest on such obligations.
747     343.83  Improvements, bond financing authority.--Pursuant
748to s. 11(f), Art. VII of the State Constitution, the Legislature
749approves bond financing by the Northwest Florida Transportation
750Corridor Authority for improvements to toll collection
751facilities, interchanges to the legislatively approved system,
752and any other facility appurtenant, necessary, or incidental to
753the approved system. Subject to terms and conditions of
754applicable revenue bond resolutions and covenants, such costs
755may be financed in whole or in part by revenue bonds issued
756pursuant to s. 343.835(1)(a) or (b) whether currently issued or
757issued in the future or by a combination of such bonds.
758     343.835  Bonds of the authority.--
759     (1)(a)  Bonds may be issued on behalf of the authority
760pursuant to the State Bond Act.
761     (b)  Alternatively, the authority may issue its own bonds
762pursuant to this part at such times and in such principal amount
763as, in the opinion of the authority, is necessary to provide
764sufficient moneys for achieving its purposes; however, such
765bonds may not pledge the full faith and credit of the state.
766Bonds issued by the authority pursuant to this paragraph or
767paragraph (a), whether on original issuance or on refunding,
768shall be authorized by resolution of the members thereof, may be
769either term or serial bonds, and shall bear such date or dates,
770mature at such time or times, not exceeding 40 years after their
771respective dates, bear interest at such rate or rates, be
772payable semiannually, be in such denominations, be in such form,
773either coupon or fully registered, carry such registration,
774exchangeability, and interchangeability privileges, be payable
775in such medium of payment and at such place or places, be
776subject to such terms of redemption, and be entitled to such
777priorities on the revenues, rates, fees, rentals, or other
778charges or receipts of the authority, including revenues from
779lease-purchase agreements. The bonds shall be executed either by
780manual or facsimile signature by such officers as the authority
781shall determine, however, such bonds shall bear at least one
782signature that is manually executed thereon, and the coupons
783attached to such bonds shall bear the facsimile signature or
784signatures of such officer or officers as shall be designated by
785the authority and have the seal of the authority affixed,
786imprinted, reproduced, or lithographed thereon, all as may be
787prescribed in such resolution or resolutions.
788     (c)  Bonds issued pursuant to paragraph (a) or paragraph
789(b) shall be sold at public sale in the manner provided by the
790State Bond Act. However, if the authority, by official action at
791a public meeting, determines that a negotiated sale of such
792bonds is in the best interest of the authority, the authority
793may negotiate the sale of such bonds with the underwriter
794designated by the authority and the Division of Bond Finance
795within the State Board of Administration with respect to bonds
796issued pursuant to paragraph (a) or solely the authority with
797respect to bonds issued pursuant to paragraph (b). The
798authority's determination to negotiate the sale of such bonds
799may be based, in part, upon the written advice of the
800authority's financial adviser. Pending the preparation of
801definitive bonds, interim certificates may be issued to the
802purchaser or purchasers of such bonds and may contain such terms
803and conditions as the authority may determine.
804     (d)  The authority may issue bonds pursuant to paragraph
805(b) to refund any bonds previously issued regardless of whether
806the bonds being refunded were issued by the authority pursuant
807to this chapter or on behalf of the authority pursuant to the
808State Bond Act.
809     (2)  Any such resolution or resolutions authorizing any
810bonds hereunder may contain provisions that are part of the
811contract with the holders of such bonds, as to:
812     (a)  The pledging of all or any part of the revenues,
813rates, fees, rentals, or other charges or receipts of the
814authority, derived by the authority for the U.S. 98 corridor
815improvements.
816     (b)  The completion, improvement, operation, extension,
817maintenance, repair, lease, or lease-purchase agreement of the
818system, and the duties of the authority and others, including
819the department, with reference thereto.
820     (c)  Limitations on the purposes to which the proceeds of
821the bonds, then or thereafter to be issued, or of any loan or
822grant by the United States or the state may be applied.
823     (d)  The fixing, charging, establishing, and collecting of
824rates, fees, rentals, or other charges for use of the services
825and facilities constructed by the authority.
826     (e)  The setting aside of reserves or sinking funds or
827repair and replacement funds and the regulation and disposition
828thereof.
829     (f)  Limitations on the issuance of additional bonds.
830     (g)  The terms and provisions of any lease-purchase
831agreement, deed of trust, or indenture securing the bonds or
832under which the same may be issued.
833     (h)  Any other or additional agreements with the holders of
834the bonds which the authority may deem desirable and proper.
835     (3)  The authority may employ fiscal agents as provided by
836this part or the State Board of Administration may, upon request
837of the authority, act as fiscal agent for the authority in the
838issuance of any bonds that are issued pursuant to this part, and
839the State Board of Administration may, upon request of the
840authority, take over the management, control, administration,
841custody, and payment of any or all debt services or funds or
842assets now or hereafter available for any bonds issued pursuant
843to this part. The authority may enter into any deeds of trust,
844indentures, or other agreements with its fiscal agent, or with
845any bank or trust company within or without the state, as
846security for such bonds and may, under such agreements, sign and
847pledge all or any of the revenues, rates, fees, rentals, or
848other charges or receipts of the authority. Such deed of trust,
849indenture, or other agreement may contain such provisions as are
850customary in such instruments or, as the authority authorizes,
851including, but without limitation, provisions as to:
852     (a)  The completion, improvement, operation, extension,
853maintenance, repair, and lease of or lease-purchase agreement
854relating to U.S. 98 corridor improvements and the duties of the
855authority and others, including the department, with reference
856thereto.
857     (b)  The application of funds and the safeguarding of funds
858on hand or on deposit.
859     (c)  The rights and remedies of the trustee and the holders
860of the bonds.
861     (d)  The terms and provisions of the bonds or the
862resolutions authorizing the issuance of the bonds.
863     (4)  Any of the bonds issued pursuant to this part are, and
864are hereby declared to be, negotiable instruments and have all
865the qualities and incidents of negotiable instruments under the
866law merchant and the negotiable instruments law of the state.
867     (5)  Notwithstanding any of the provisions of this part,
868each project, building, or facility that has been financed by
869the issuance of bonds or other evidence of indebtedness under
870this part and any refinancing thereof are hereby approved as
871provided for in s. 11(f), Art. VII of the State Constitution.
872     343.836  Remedies of the bondholders.--
873     (1)  The rights and the remedies in this section conferred
874upon or granted to the bondholders are in addition to and not in
875limitation of any rights and remedies lawfully granted to such
876bondholders by the resolution or resolutions providing for the
877issuance of bonds or by a lease-purchase agreement, deed of
878trust, indenture, or other agreement under which the bonds may
879be issued or secured. If the authority defaults in the payment
880of the principal of or interest on any of the bonds issued
881pursuant to the provisions of this part after such principal of
882or interest on the bonds becomes due, whether at maturity or
883upon call for redemption, or the department defaults in any
884payments under, or covenants made in, any lease-purchase
885agreement between the authority and the department, and such
886default continues for a period of 30 days, or if the authority
887or the department fails or refuses to comply with the provisions
888of this part or any agreement made with, or for the benefit of,
889the holders of the bonds, the holders of 25 percent in aggregate
890principal amount of the bonds then outstanding may appoint a
891trustee to represent such bondholders for the purposes hereof,
892if such holders of 25 percent in aggregate principal amount of
893the bonds then outstanding shall first give notice of their
894intention to appoint a trustee to the authority and to the
895department. Such notice shall be deemed to have been given if
896given in writing, deposited in a securely sealed postpaid
897wrapper, mailed at a regularly maintained United States post
898office box or station, and addressed, respectively, to the chair
899of the authority and to the secretary of the department at the
900principal office of the department.
901     (2)  Such trustee and any trustee under any deed of trust,
902indenture, or other agreement may, and upon written request of
903the holders of 25 percent or such other percentages as are
904specified in any deed of trust, indenture, or other agreement
905aforesaid in principal amount of the bonds then outstanding
906shall, in any court of competent jurisdiction, in his, her, or
907its own name:
908     (a)  By mandamus or other suit, action, or proceeding at
909law or in equity, enforce all rights of the bondholders,
910including the right to require the authority to fix, establish,
911maintain, collect, and charge rates, fees, rentals, and other
912charges adequate to carry out any agreement as to or pledge of
913the revenues or receipts of the authority to carry out any other
914covenants and agreements with or for the benefit of the
915bondholders, and to perform its and their duties under this
916part.
917     (b)  By mandamus or other suit, action, or proceeding at
918law or in equity, enforce all rights of the bondholders under or
919pursuant to any lease-purchase agreement between the authority
920and the department, including the right to require the
921department to make all rental payments required to be made by it
922under the provisions of any such lease-purchase agreement, to
923require the department to carry out any other covenants and
924agreements with or for the benefit of the bondholders and to
925perform its and their duties under this part.
926     (c)  Bring suit upon the bonds.
927     (d)  By action or suit in equity, require the authority or
928the department to account as if it were the trustee of an
929express trust for the bondholders.
930     (e)  By action or suit in equity, enjoin any acts or things
931that may be unlawful or in violation of the rights of the
932bondholders.
933     (3)  Any trustee, when appointed as aforesaid or acting
934under a deed of trust, indenture, or other agreement, and
935whether or not all bonds have been declared due and payable, may
936appoint a receiver who may enter upon and take possession of the
937system or the facilities or any part or parts thereof, the
938rates, fees, rentals, or other revenues, charges, or receipts
939from which are or may be applicable to the payment of the bonds
940so in default, and, subject to and in compliance with the
941provisions of any lease-purchase agreement between the authority
942and the department, operate and maintain the same for and on
943behalf of and in the name of the authority, the department, and
944the bondholders, and collect and receive all rates, fees,
945rentals, and other charges or receipts or revenues arising
946therefrom in the same manner as the authority or the department
947might do, and shall deposit all such moneys in a separate
948account and apply such moneys in such manner as the court shall
949direct. In any suit, action, or proceeding by the trustee, the
950fees, counsel fees, and expenses of the trustee and the
951receiver, if any, and all costs and disbursements allowed by the
952court shall be a first charge on any rates, fees, rentals, or
953other charges, revenues, or receipts derived from the system or
954the facilities or services or any part or parts thereof,
955including payments under any such lease-purchase agreement as
956aforesaid, which rates, fees, rentals, or other charges,
957revenues, or receipts may be applicable to the payment of the
958bonds so in default. Such trustee, in addition to the foregoing,
959possesses all of the powers necessary for the exercise of any
960functions specifically set forth herein or incident to the
961representation of the bondholders in the enforcement and
962protection of their rights.
963     (4)  This section or any other section of this part does
964not authorize any receiver appointed pursuant hereto for the
965purpose, subject to and in compliance with the provisions of any
966lease-purchase agreement between the authority and the
967department, of operating and maintaining the system or any
968facilities or part or parts thereof, to sell, assign, mortgage,
969or otherwise dispose of any of the assets of whatever kind and
970character belonging to the authority. It is the intention of
971this part to limit the powers of such receiver, subject to and
972in compliance with the provisions of any lease-purchase
973agreement between the authority and the department, to the
974operation and maintenance of the system or any facility or part
975or parts thereof, as the court may direct, in the name and for
976and on behalf of the authority, the department, and the
977bondholders. In any suit, action, or proceeding at law or in
978equity, a holder of bonds on the authority, a trustee, or any
979court may not compel or direct a receiver to sell, assign,
980mortgage, or otherwise dispose of any assets of whatever kind or
981character belonging to the authority. A receiver also may not be
982authorized to sell, assign, mortgage, or otherwise dispose of
983any assets of whatever kind or character belonging to the
984authority in any suit, action, or proceeding at law or in
985equity.
986     343.837  Lease-purchase agreement.--
987     (1)  In order to effectuate the purposes of this part and
988as authorized by this part, the authority may enter into a
989lease-purchase agreement with the department relating to and
990covering the U.S. 98 Corridor System.
991     (2)  Such lease-purchase agreement shall provide for the
992leasing of the system by the authority, as lessor, to the
993department, as lessee, shall prescribe the term of such lease
994and the rentals to be paid thereunder, and shall provide that,
995upon the completion of the faithful performance thereunder and
996the termination of such lease-purchase agreement, title in fee
997simple absolute to the system as then constituted shall be
998transferred in accordance with law by the authority to the state
999and the authority shall deliver to the department such deeds and
1000conveyances as shall be necessary or convenient to vest title in
1001fee simple absolute in the state.
1002     (3)  Such lease-purchase agreement may include such other
1003provisions, agreements, and covenants as the authority and the
1004department deem advisable or required, including, but not
1005limited to, provisions as to the bonds to be issued for the
1006purposes of this part, the completion, extension, improvement,
1007operation, and maintenance of the system and the expenses and
1008the cost of operation of the authority, the charging and
1009collection of tolls, rates, fees, and other charges for the use
1010of the services and facilities thereof, and the application of
1011federal or state grants or aid which may be made or given to
1012assist the authority in the completion, extension, improvement,
1013operation, and maintenance of the system.
1014     (4)  The department as lessee under such lease-purchase
1015agreement may pay as rentals thereunder any rates, fees,
1016charges, funds, moneys, receipts, or income accruing to the
1017department from the operation of the system and may also pay as
1018rentals any appropriations received by the department pursuant
1019to any act of the Legislature heretofore or hereafter enacted;
1020however, nothing in this section or in such lease-purchase
1021agreement is intended to require, nor shall this part or such
1022lease-purchase agreement require, the making or continuance of
1023such appropriations, nor shall any holder of bonds issued
1024pursuant to this part ever have any right to compel the making
1025or continuance of such appropriations.
1026     (5)  The department shall have power to covenant in any
1027lease-purchase agreement that it will pay all or any part of the
1028cost of the operation, maintenance, repair, renewal, and
1029replacement of the corridor system, and any part of the cost of
1030completing the corridor system to the extent that the proceeds
1031of bonds issued are insufficient, from sources other than the
1032revenues derived from the operation of the system.
1033     (6)  The U.S. 98 Corridor System shall be a part of the
1034State Highway System as defined in s. 334.03, and the department
1035may, upon the request of the authority, expend out of any funds
1036available for that purpose, and use such of its engineering and
1037other forces, as may be necessary and desirable in the judgment
1038of the department, for the operation of the authority and for
1039traffic surveys, borings, surveys, preparation of plans and
1040specifications, estimates of cost, and other preliminary
1041engineering and other studies.
1042     343.84  Department may be appointed agent of authority for
1043construction.--The department may be appointed by the authority
1044as its agent for the purpose of constructing improvements and
1045extensions to the system and for the completion thereof. In such
1046event, the authority shall provide the department with complete
1047copies of all documents, agreements, resolutions, contracts, and
1048instruments relating thereto, shall request the department to do
1049such construction work, including the planning, surveying, and
1050actual construction of the completion, extensions, and
1051improvements to the system, and shall transfer to the credit of
1052an account of the department in the treasury of the state the
1053necessary funds therefor. The department shall proceed with such
1054construction and use the funds for such purpose in the same
1055manner that it is now authorized to use the funds otherwise
1056provided by law for its use in construction of roads and
1057bridges.
1058     343.85  Acquisition of lands and property.--
1059     (1)  For the purposes of this part, the Northwest Florida
1060Transportation Corridor Authority may acquire private or public
1061property and property rights, including rights of access, air,
1062view, and light, by gift, devise, purchase, or condemnation by
1063eminent domain proceedings, as the authority may deem necessary
1064for any purpose of this part, including, but not limited to, any
1065lands reasonably necessary for securing applicable permits,
1066areas necessary for management of access, borrow pits, drainage
1067ditches, water retention areas, rest areas, replacement access
1068for landowners whose access is impaired due to the construction
1069of a facility, and replacement rights-of-way for relocated rail
1070and utility facilities; for existing, proposed, or anticipated
1071transportation facilities within the U.S. 98 transportation
1072corridor designated by the authority; or for the purposes of
1073screening, relocation, removal, or disposal of junkyards and
1074scrap metal processing facilities. The authority may condemn any
1075material and property necessary for such purposes.
1076     (2)  The right of eminent domain herein conferred shall be
1077exercised by the authority in the manner provided by law.
1078     (3)  When the authority acquires property for a
1079transportation facility or in a transportation corridor, the
1080authority is not subject to any liability imposed by chapter 376
1081or chapter 403 for preexisting soil or groundwater contamination
1082due solely to its ownership. This section does not affect the
1083rights or liabilities of any past or future owners of the
1084acquired property, nor does it affect the liability of any
1085governmental entity for the results of its actions which create
1086or exacerbate a pollution source. The authority and the
1087Department of Environmental Protection may enter into
1088interagency agreements for the performance, funding, and
1089reimbursement of the investigative and remedial acts necessary
1090for property acquired by the authority.
1091     343.87  Cooperation with other units, boards, agencies, and
1092individuals.--Express authority and power is hereby given and
1093granted to any county, municipality, drainage district, road and
1094bridge district, school district, or any other political
1095subdivision, board, commission, or individual in or of the state
1096to make and enter into contracts, leases, conveyances,
1097partnerships, or other agreements with the authority within the
1098provisions and purposes of this part. The authority may make and
1099enter into contracts, leases, conveyances, partnerships, and
1100other agreements with any political subdivision, agency, or
1101instrumentality of the state and any and all federal agencies,
1102corporations, and individuals for the purpose of carrying out
1103the provisions of this part.
1104     343.875  Public-private partnerships.--
1105     (1)  The authority may receive or solicit proposals and
1106enter into agreements with private entities or consortia
1107thereof, for the building, operation, ownership, or financing of
1108transportation facilities within the jurisdiction of the
1109authority. Before approval, the authority must determine that a
1110proposed project:
1111     (a)  Is in the public's best interest.
1112     (b)  Would not require state funds to be used unless the
1113project is on or provides increased mobility on the State
1114Highway System.
1115     (c)  Would have adequate safeguards to ensure that
1116additional costs or service disruptions would not be realized by
1117the traveling public and citizens of the state in the event of
1118default or the cancellation of the agreement by the authority.
1119     (2)  The authority shall ensure that all reasonable costs
1120to the state related to transportation facilities that are not
1121part of the State Highway System are borne by the private
1122entity. The authority also shall ensure that all reasonable
1123costs to the state and substantially affected local governments
1124and utilities related to the private transportation facility are
1125borne by the private entity for transportation facilities that
1126are owned by private entities. For projects on the State Highway
1127System, the department may use state resources to participate in
1128funding and financing the project as provided for under the
1129department's enabling legislation.
1130     (3)  The authority may request proposals for public-private
1131transportation projects or, if it receives an unsolicited
1132proposal, it must publish a notice in the Florida Administrative
1133Weekly and a newspaper of general circulation in the county in
1134which it is located at least once a week for 2 weeks stating
1135that it has received the proposal and will accept, for 60 days
1136after the initial date of publication, other proposals for the
1137same project purpose. A copy of the notice must be mailed to
1138each local government in the affected areas. After the public
1139notification period has expired, the authority shall rank the
1140proposals in order of preference. In ranking the proposals, the
1141authority shall consider professional qualifications, general
1142business terms, innovative engineering or cost-reduction terms,
1143finance plans, and the need for state funds to deliver the
1144proposal. If the authority is not satisfied with the results of
1145the negotiations, it may, at its sole discretion, terminate
1146negotiations with the proposer. If these negotiations are
1147unsuccessful, the authority may go to the second and lower-
1148ranked firms, in order, using the same procedure. If only one
1149proposal is received, the authority may negotiate in good faith
1150and, if it is not satisfied with the results, it may, at its
1151sole discretion, terminate negotiations with the proposer.
1152Notwithstanding this subsection, the authority may, at its
1153discretion, reject all proposals at any point in the process up
1154to completion of a contract with the proposer.
1155     (4)  Agreements entered into pursuant to this section may
1156authorize the public-private entity to impose tolls or fares for
1157the use of the facility. However, the amount and use of toll or
1158fare revenues shall be regulated by the authority to avoid
1159unreasonable costs to users of the facility.
1160     (5)  Each public-private transportation facility
1161constructed pursuant to this section shall comply with all
1162requirements of federal, state, and local laws; state, regional,
1163and local comprehensive plans; the authority's rules, policies,
1164procedures, and standards for transportation facilities; and any
1165other conditions that the authority determines to be in the
1166public's best interest.
1167     (6)  The authority may exercise any of its powers,
1168including eminent domain, to facilitate the development and
1169construction of transportation projects pursuant to this
1170section. The authority may pay all or part of the cost of
1171operating and maintaining the facility or may provide services
1172to the private entity for which it receives full or partial
1173reimbursement for services rendered.
1174     (7)  Except as herein provided, this section is not
1175intended to amend existing law by granting additional powers to
1176or imposing further restrictions on the governmental entities
1177with regard to regulating and entering into cooperative
1178arrangements with the private sector for the planning,
1179construction, and operation of transportation facilities.
1180     (8)  The authority may adopt rules to implement this
1181section and shall, by rule, establish an application fee for the
1182submission of unsolicited proposals under this section. The fee
1183must be sufficient to pay the costs of evaluating the proposals.
1184     343.88  Covenant of the state.--The state does hereby
1185pledge to, and agrees with, any person, firm or corporation, or
1186federal or state agency subscribing to or acquiring the bonds to
1187be issued by the authority for the purposes of this part that
1188the state will not limit or alter the rights hereby vested in
1189the authority and the department until all bonds at any time
1190issued, together with the interest thereon, are fully paid and
1191discharged insofar as the same affects the rights of the holders
1192of bonds issued hereunder. The state does further pledge to, and
1193agree with, the United States that, if any federal agency
1194constructs or contributes any funds for the completion,
1195extension, or improvement of the system or any part or portion
1196thereof, the state will not alter or limit the rights and powers
1197of the authority and the department in any manner which would be
1198inconsistent with the continued maintenance and operation of the
1199system or the completion, extension, or improvement thereof or
1200which would be inconsistent with the due performance of any
1201agreements between the authority and any such federal agency.
1202The authority and the department shall continue to have and may
1203exercise all powers herein granted so long as necessary or
1204desirable for the carrying out of the purposes of this part and
1205the purposes of the United States in the completion, extension,
1206or improvement of the system or any part or portion thereof.
1207     343.881  Exemption from taxation.--The effectuation of the
1208authorized purposes of the authority created under this part is
1209for the benefit of the people of this state, for the increase of
1210their commerce and prosperity, and for the improvement of their
1211health and living conditions and, because the authority performs
1212essential governmental functions in effectuating such purposes,
1213the authority is not required to pay any taxes or assessments of
1214any kind or nature whatsoever upon any property acquired or used
1215by it for such purposes, or upon any rates, fees, rentals,
1216receipts, income, or charges at any time received by it. The
1217bonds issued by the authority, their transfer, and the income
1218therefrom, including any profits made on the sale thereof, shall
1219at all times be free from taxation of any kind by the state or
1220by any political subdivision, taxing agency, or instrumentality
1221thereof. The exemption granted by this section does not apply to
1222any tax imposed by chapter 220 on interest, income, or profits
1223on debt obligations owned by corporations.
1224     343.884  Eligibility for investments and security.--Any
1225bonds or other obligations issued pursuant to this part shall be
1226and constitute legal investments for banks, savings banks,
1227trustees, executors, administrators, and all other fiduciaries
1228and for all state, municipal, and other public funds and shall
1229also be and constitute securities eligible for deposit as
1230security for all state, municipal, or other public funds,
1231notwithstanding the provisions of any other law to the contrary.
1232     343.885  Pledges enforceable by bondholders.--It is the
1233express intention of this part that any pledge to the authority
1234by the department of rates, fees, revenues, or other funds as
1235rentals, or any covenants or agreements relative thereto, is
1236enforceable in any court of competent jurisdiction against the
1237authority or directly against the department by any holder of
1238bonds issued by the authority.
1239     343.89  Complete and additional statutory authority.--
1240     (1)  The powers conferred by this part are supplemental to
1241the existing powers of the board and the department. This part
1242does not repeal any of the provisions of any other law, general,
1243special, or local, but supersedes such other laws in the
1244exercise of the powers provided in this part and provides a
1245complete method for the exercise of the powers granted in this
1246part. The extension and improvement of the system, and the
1247issuance of bonds hereunder to finance all or part of the cost
1248thereof, may be accomplished upon compliance with the provisions
1249of this part without regard to or necessity for compliance with
1250the provisions, limitations, or restrictions contained in any
1251other general, special, or local law, including, but not limited
1252to, s. 215.821. An approval of any bonds issued under this part
1253by the qualified electors or qualified electors who are
1254freeholders in the state or in any other political subdivision
1255of the state is not required for the issuance of such bonds
1256pursuant to this part.
1257     (2)  This part does not repeal, rescind, or modify any
1258other law relating to the State Board of Administration, the
1259Department of Transportation, or the Division of Bond Finance
1260within the State Board of Administration; however, this part
1261supersedes such other laws as are inconsistent with its
1262provisions, including, but not limited to, s. 215.821.
1263     (3)  This part does not preclude the department from
1264acquiring, holding, constructing, improving, maintaining,
1265operating, or owning tolled or nontolled facilities funded and
1266constructed from nonauthority sources that are part of the State
1267Highway System within the geographical boundaries of the
1268Northwest Florida Transportation Corridor Authority.
1269     Section 9.  Subsection (10) is added to section 337.251,
1270Florida Statutes, to read:
1271     337.251  Lease of property for joint public-private
1272development and areas above or below department property.--
1273     (10)  The department may adopt rules to administer the
1274provisions of this section.
1275     Section 10.  Subsection (1) of section 337.406, Florida
1276Statutes, is amended to read:
1277     337.406  Unlawful use of state transportation facility
1278right-of-way; penalties.--
1279     (1)  Except when leased as provided in s. 337.25(5) or
1280otherwise authorized by the rules of the department, it is
1281unlawful to make any use of the right-of-way of any state
1282transportation facility, including appendages thereto, outside
1283of an incorporated municipality in any manner that interferes
1284with the safe and efficient movement of people and property from
1285place to place on the transportation facility.  Failure to
1286prohibit the use of right-of-way in this manner will endanger
1287the health, safety, and general welfare of the public by causing
1288distractions to motorists, unsafe pedestrian movement within
1289travel lanes, sudden stoppage or slowdown of traffic, rapid lane
1290changing and other dangerous traffic movement, increased
1291vehicular accidents, and motorist injuries and fatalities.  Such
1292prohibited uses include, but are not limited to, the free
1293distribution or sale, or display or solicitation for free
1294distribution or sale, of any merchandise, goods, property or
1295services; the solicitation for charitable purposes; the
1296servicing or repairing of any vehicle, except the rendering of
1297emergency service; the storage of vehicles being serviced or
1298repaired on abutting property or elsewhere; and the display of
1299advertising of any sort, except that any portion of a state
1300transportation facility may be used for an art festival, parade,
1301fair, or other special event if permitted by the appropriate
1302local governmental entity. Local government entities Within
1303incorporated municipalities, the local governmental entity may
1304issue permits of limited duration for the temporary use of the
1305right-of-way of a state transportation facility for any of these
1306prohibited uses if it is determined that the use will not
1307interfere with the safe and efficient movement of traffic and
1308the use will cause no danger to the public. The permitting
1309authority granted in this subsection shall be exercised by the
1310municipality within incorporated municipalities and by the
1311county outside an incorporated municipality. Before a road on
1312the State Highway System may be temporarily closed for a special
1313event, the local governmental entity which permits the special
1314event to take place must determine that the temporary closure of
1315the road is necessary and must obtain the prior written approval
1316for the temporary road closure from the department. Nothing in
1317this subsection shall be construed to authorize such activities
1318on any limited access highway the Interstate Highway System.
1319Local governmental entities may, within their respective
1320jurisdictions, initiate enforcement action by the appropriate
1321code enforcement authority or law enforcement authority for a
1322violation of this section.
1323     Section 11.  Subsection (2) of section 339.55, Florida
1324Statutes, is amended to read:
1325     339.55  State-funded infrastructure bank.--
1326     (2)  The bank may lend capital costs or provide credit
1327enhancements for a transportation facility project that is on
1328the State Highway System or that provides for increased mobility
1329on the state's transportation system or provides intermodal
1330connectivity with airports, seaports, rail facilities, and other
1331transportation terminals, pursuant to s. 341.053, for the
1332movement of people and goods. Loans from the bank may be
1333subordinated to senior project debt that has an investment grade
1334rating of "BBB" or higher. Notwithstanding any other provision
1335of law, the total outstanding state-funded infrastructure bank
1336loan repayments over the average term of the loan repayment
1337period, as needed to meet the requirements of the documents
1338authorizing the bonds issued or proposed to be issued under s.
1339215.617 to be paid from the State Transportation Trust Fund, may
1340not exceed 0.75 percent of the revenues deposited into the State
1341Transportation Trust Fund.
1342     Section 12.  Section 373.4137, Florida Statutes, is amended
1343to read:
1344     373.4137  Mitigation requirements for specified
1345transportation projects.--
1346     (1)  The Legislature finds that environmental mitigation
1347for the impact of transportation projects proposed by the
1348Department of Transportation or a transportation authority
1349established pursuant to chapter 348 or chapter 349 can be more
1350effectively achieved by regional, long-range mitigation planning
1351rather than on a project-by-project basis. It is the intent of
1352the Legislature that mitigation to offset the adverse effects of
1353these transportation projects be funded by the Department of
1354Transportation and be carried out by the Department of
1355Environmental Protection and the water management districts,
1356including the use of mitigation banks established pursuant to
1357this part.
1358     (2)  Environmental impact inventories for transportation
1359projects proposed by the Department of Transportation or a
1360transportation authority established pursuant to chapter 348 or
1361chapter 349 shall be developed as follows:
1362     (a)  By July May 1 of each year, the Department of
1363Transportation or a transportation authority established
1364pursuant to chapter 348 or chapter 349 shall submit to the
1365Department of Environmental Protection and the water management
1366districts a copy of its adopted work program and an
1367environmental impact inventory of habitats addressed in the
1368rules adopted tentatively, pursuant to this part and s. 404 of
1369the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted by
1370its plan of construction for transportation projects in the next
13713 years of the tentative work program. The Department of
1372Transportation or a transportation authority established
1373pursuant to chapter 348 or chapter 349 may also include in its
1374environmental impact inventory the habitat impacts of any future
1375transportation project identified in the tentative work program.
1376The Department of Transportation and each transportation
1377authority established pursuant to chapter 348 or chapter 349 may
1378fund any mitigation activities for future projects using current
1379year funds.
1380     (b)  The environmental impact inventory shall include a
1381description of these habitat impacts, including their location,
1382acreage, and type; state water quality classification of
1383impacted wetlands and other surface waters; any other state or
1384regional designations for these habitats; and a survey of
1385threatened species, endangered species, and species of special
1386concern affected by the proposed project.
1387     (3)(a)  To fund development and implementation of the
1388mitigation plan for the projected impacts identified in the
1389environmental impact inventory described in subsection (2), the
1390Department of Transportation shall identify funds quarterly in
1391an escrow account within the State Transportation Trust Fund for
1392the environmental mitigation phase of projects budgeted by the
1393Department of Transportation for the current fiscal year. The
1394escrow account shall be maintained by the Department of
1395Transportation for the benefit of the Department of
1396Environmental Protection and the water management districts. Any
1397interest earnings from the escrow account shall remain with the
1398Department of Transportation.
1399     (b)  Each transportation authority established pursuant to
1400chapter 348 or chapter 349 that chooses to participate in this
1401program shall create an escrow account within its financial
1402structure and deposit funds in the account to pay for the
1403environmental mitigation phase of projects budgeted for the
1404current fiscal year. The escrow account shall be maintained by
1405the authority for the benefit of the Department of Environmental
1406Protection and the water management districts. Any interest
1407earnings from the escrow account shall remain with the
1408authority.
1409     (c)  Except for current mitigation projects in the
1410monitoring and maintenance phase and except as allowed by
1411paragraph (d), the Department of Environmental Protection or
1412water management districts may request a transfer of funds from
1413an escrow account no sooner than 30 days prior to the date the
1414funds are needed to pay for activities associated with
1415development or implementation of the approved mitigation plan
1416described in subsection (4) for the current fiscal year,
1417including, but not limited to, design, engineering, production,
1418and staff support. Actual conceptual plan preparation costs
1419incurred before plan approval may be submitted to the Department
1420of Transportation or the appropriate transportation authority
1421and the Department of Environmental Protection by November 1 of
1422each year with the plan. The conceptual plan preparation costs
1423of each water management district will be paid from mitigation
1424funds associated with the environmental impact inventory for the
1425current year based on the amount approved on the mitigation plan
1426and allocated to the current fiscal year projects identified by
1427the water management district. The amount transferred to the
1428escrow accounts each year by the Department of Transportation
1429and participating transportation authorities established
1430pursuant to chapter 348 or chapter 349 shall correspond to a
1431cost per acre of $75,000 multiplied by the projected acres of
1432impact identified in the environmental impact inventory
1433described in subsection (2). However, the $75,000 cost per acre
1434does not constitute an admission against interest by the state
1435or its subdivisions nor is the cost admissible as evidence of
1436full compensation for any property acquired by eminent domain or
1437through inverse condemnation. Each July 1, the cost per acre
1438shall be adjusted by the percentage change in the average of the
1439Consumer Price Index issued by the United States Department of
1440Labor for the most recent 12-month period ending September 30,
1441compared to the base year average, which is the average for the
144212-month period ending September 30, 1996. Each quarter At the
1443end of each year, the projected acreage of impact shall be
1444reconciled with the acreage of impact of projects as permitted,
1445including permit modifications, pursuant to this part and s. 404
1446of the Clean Water Act, 33 U.S.C. s. 1344. The subject year's
1447transfer of funds shall be adjusted accordingly to reflect the
1448acreage of impacts as permitted overtransfer or undertransfer of
1449funds from the preceding year. The Department of Transportation
1450and participating transportation authorities established
1451pursuant to chapter 348 or chapter 349 are authorized to
1452transfer such funds from the escrow accounts to the Department
1453of Environmental Protection and the water management districts
1454to carry out the mitigation programs. For a mitigation project
1455that is in the maintenance and monitoring phase, the water
1456management district may request and receive a one-time payment
1457based on the project's expected future maintenance and
1458monitoring costs. Upon disbursement of the final maintenance and
1459monitoring payment, the escrow account for the project
1460established by the Department of Transportation or the
1461participating transportation authority may be closed. Any
1462interest earned on these disbursed funds shall remain with the
1463water management district and must be used as authorized under
1464paragraph (4)(c).
1465     (d)  Beginning in the 2005-2006 fiscal year, each water
1466management district shall be paid a lump-sum amount of $75,000
1467per acre, adjusted as provided under paragraph (c), for
1468federally funded transportation projects that are included on
1469the environmental impact inventory and that have an approved
1470mitigation plan. Beginning in the 2009-2010 fiscal year, each
1471water management district shall be paid a lump-sum amount of
1472$75,000 per acre, adjusted as provided under paragraph (c), for
1473federally funded and nonfederally funded transportation projects
1474that have an approved mitigation plan. All mitigation costs,
1475including, but not limited to, the costs of preparing conceptual
1476plans and the costs of design, construction, staff support,
1477future maintenance, and monitoring the mitigated acres shall be
1478funded through these lump-sum amounts.
1479     (4)  Prior to March December 1 of each year, each water
1480management district, in consultation with the Department of
1481Environmental Protection, the United States Army Corps of
1482Engineers, the Department of Transportation, transportation
1483authorities established pursuant to chapter 348 or chapter 349,
1484and other appropriate federal, state, and local governments, and
1485other interested parties, including entities operating
1486mitigation banks, shall develop a plan for the primary purpose
1487of complying with the mitigation requirements adopted pursuant
1488to this part and 33 U.S.C. s. 1344. This plan shall also address
1489significant invasive plant problems within wetlands and other
1490surface waters. In developing such plans, the districts shall
1491utilize sound ecosystem management practices to address
1492significant water resource needs and shall focus on activities
1493of the Department of Environmental Protection and the water
1494management districts, such as surface water improvement and
1495management (SWIM) projects waterbodies and lands identified for
1496potential acquisition for preservation, restoration or, and
1497enhancement, and the control of invasive and exotic plants in
1498wetlands and other surface waters, to the extent that such
1499activities comply with the mitigation requirements adopted under
1500this part and 33 U.S.C. s. 1344. In determining the activities
1501to be included in such plans, the districts shall also consider
1502the purchase of credits from public or private mitigation banks
1503permitted under s. 373.4136 and associated federal authorization
1504and shall include such purchase as a part of the mitigation plan
1505when such purchase would offset the impact of the transportation
1506project, provide equal benefits to the water resources than
1507other mitigation options being considered, and provide the most
1508cost-effective mitigation option. The mitigation plan shall be
1509submitted to preliminarily approved by the water management
1510district governing board, or its designee, and shall be
1511submitted to the secretary of the Department of Environmental
1512Protection for review and final approval. The preliminary
1513approval by the water management district governing board does
1514not constitute a decision that affects substantial interests as
1515provided by s. 120.569. At least 14 30 days prior to preliminary
1516approval, the water management district shall provide a copy of
1517the draft mitigation plan to any person who has requested a
1518copy.
1519     (a)  For each transportation project with a funding request
1520for the next fiscal year, the mitigation plan must include a
1521brief explanation of why a mitigation bank was or was not chosen
1522as a mitigation option, including an estimation of identifiable
1523costs of the mitigation bank and nonbank options to the extent
1524practicable.
1525     (b)  Specific projects may be excluded from the mitigation
1526plan, in whole or in part, and shall not be subject to this
1527section upon the agreement of the Department of Transportation,
1528or a transportation authority if applicable, the Department of
1529Environmental Protection, and the appropriate water management
1530district that the inclusion of such projects would hamper the
1531efficiency or timeliness of the mitigation planning and
1532permitting process., or the Department of Environmental
1533Protection and The water management district may choose to
1534exclude a project in whole or in part if the district is are
1535unable to identify mitigation that would offset the impacts of
1536the project.
1537     (c)  Surface water improvement and management or invasive
1538plant control projects undertaken using the $12 million advance
1539transferred from the Department of Transportation to the
1540Department of Environmental Protection in fiscal year 1996-1997
1541which meet the requirements for mitigation under this part and
154233 U.S.C. s. 1344 shall remain available for mitigation until
1543the $12 million is fully credited up to and including fiscal
1544year 2005-2006. When these projects are used as mitigation, the
1545$12 million advance shall be reduced by $75,000 per acre of
1546impact mitigated. For any fiscal year through and including
1547fiscal year 2005-2006, To the extent the cost of developing and
1548implementing the mitigation plans is less than the funds placed
1549in the escrow account amount transferred pursuant to subsection
1550(3), the difference shall be retained by the Department of
1551Transportation and credited towards the $12 million advance
1552until the Department of Transportation is fully refunded for
1553this advance funding. After the $12 million advance funding is
1554fully credited Except as provided in this paragraph, any funds
1555not directed to implement the mitigation plan should, to the
1556greatest extent possible, be directed to fund invasive plant
1557control within wetlands and other surface waters, SWIM projects,
1558or other water-resource projects approved by the governing board
1559of the water management district which may be appropriate to
1560offset environmental impacts of future transportation projects.
1561The water management districts may request these funds upon
1562submittal of the final invoice for each road project.
1563     (5)  The water management district shall be responsible for
1564ensuring that mitigation requirements pursuant to 33 U.S.C. s.
15651344 are met for the impacts identified in the environmental
1566impact inventory described in subsection (2), by implementation
1567of the approved plan described in subsection (4) to the extent
1568funding is provided by the Department of Transportation, or a
1569transportation authority established pursuant to chapter 348 or
1570chapter 349, if applicable. During the federal permitting
1571process, the water management district may deviate from the
1572approved mitigation plan in order to comply with federal
1573permitting requirements.
1574     (6)  The mitigation plans shall be updated annually to
1575reflect the most current Department of Transportation work
1576program and project list of a transportation authority
1577established pursuant to chapter 348 or chapter 349, if
1578applicable, and may be amended throughout the year to anticipate
1579schedule changes or additional projects which may arise. Each
1580update and amendment of the mitigation plan shall be submitted
1581to the governing board of the water management district or its
1582designee secretary of the Department of Environmental Protection
1583for approval. However, such approval shall not be applicable to
1584a deviation as described in subsection (5).
1585     (7)  Upon approval by the governing board of the water
1586management district or its designee secretary of the Department
1587of Environmental Protection, the mitigation plan shall be deemed
1588to satisfy the mitigation requirements under this part for
1589impacts specifically identified in the environmental impact
1590inventory described in subsection (2) and any other mitigation
1591requirements imposed by local, regional, and state agencies for
1592these same impacts identified in the inventory described in
1593subsection (2). The approval of the governing board of the water
1594management district or its designee secretary shall authorize
1595the activities proposed in the mitigation plan, and no other
1596state, regional, or local permit or approval shall be necessary.
1597     (8)  This section shall not be construed to eliminate the
1598need for the Department of Transportation or a transportation
1599authority established pursuant to chapter 348 or chapter 349 to
1600comply with the requirement to implement practicable design
1601modifications, including realignment of transportation projects,
1602to reduce or eliminate the impacts of its transportation
1603projects on wetlands and other surface waters as required by
1604rules adopted pursuant to this part, or to diminish the
1605authority under this part to regulate other impacts, including
1606water quantity or water quality impacts, or impacts regulated
1607under this part that are not identified in the environmental
1608impact inventory described in subsection (2).
1609     (9)  The process for environmental mitigation for the
1610impact of transportation projects under this section shall be
1611available to an expressway, bridge, or transportation authority
1612established under chapter 348 or chapter 349. Use of this
1613process may be initiated by an authority depositing the
1614requisite funds into an escrow account set up by the authority
1615and filing an environmental impact inventory with the
1616appropriate water management district. An authority that
1617initiates the environmental mitigation process established by
1618this section shall comply with subsection (6) by timely
1619providing the appropriate water management district and the
1620Department of Environmental Protection with the requisite work
1621program information. A water management district may draw down
1622funds from the escrow account as provided in this section.
1623     Section 13.  Paragraph (b) of subsection (19) of section
1624380.06, Florida Statutes, is amended to read:
1625     380.06  Developments of regional impact.--
1626     (19)  SUBSTANTIAL DEVIATIONS.--
1627     (b)  Any proposed change to a previously approved
1628development of regional impact or development order condition
1629which, either individually or cumulatively with other changes,
1630exceeds any of the following criteria shall constitute a
1631substantial deviation and shall cause the development to be
1632subject to further development-of-regional-impact review without
1633the necessity for a finding of same by the local government:
1634     1.  An increase in the number of parking spaces at an
1635attraction or recreational facility by 5 percent or 300 spaces,
1636whichever is greater, or an increase in the number of spectators
1637that may be accommodated at such a facility by 5 percent or
16381,000 spectators, whichever is greater.
1639     2.  A new runway, a new terminal facility, a 25-percent
1640lengthening of an existing runway, or a 25-percent increase in
1641the number of gates of an existing terminal, but only if the
1642increase adds at least three additional gates. However, if an
1643airport is located in two counties, a 10-percent lengthening of
1644an existing runway or a 20-percent increase in the number of
1645gates of an existing terminal is the applicable criteria.
1646     3.  An increase in the number of hospital beds by 5 percent
1647or 60 beds, whichever is greater.
1648     4.  An increase in industrial development area by 5 percent
1649or 32 acres, whichever is greater.
1650     5.  An increase in the average annual acreage mined by 5
1651percent or 10 acres, whichever is greater, or an increase in the
1652average daily water consumption by a mining operation by 5
1653percent or 300,000 gallons, whichever is greater.  An increase
1654in the size of the mine by 5 percent or 750 acres, whichever is
1655less.
1656     6.  An increase in land area for office development by 5
1657percent or an increase of gross floor area of office development
1658by 5 percent or 60,000 gross square feet, whichever is greater.
1659     7.  An increase in the storage capacity for chemical or
1660petroleum storage facilities by 5 percent, 20,000 barrels, or 7
1661million pounds, whichever is greater.
1662     8.  An increase of development at a waterport of wet
1663storage for 20 watercraft, dry storage for 30 watercraft, or
1664wet/dry storage for 60 watercraft in an area identified in the
1665state marina siting plan as an appropriate site for additional
1666waterport development or a 5-percent increase in watercraft
1667storage capacity, whichever is greater.
1668     9.  An increase in the number of dwelling units by 5
1669percent or 50 dwelling units, whichever is greater.
1670     10.  An increase in commercial development by 50,000 square
1671feet of gross floor area or of parking spaces provided for
1672customers for 300 cars or a 5-percent increase of either of
1673these, whichever is greater.
1674     11.  An increase in hotel or motel facility units by 5
1675percent or 75 units, whichever is greater.
1676     12.  An increase in a recreational vehicle park area by 5
1677percent or 100 vehicle spaces, whichever is less.
1678     13.  A decrease in the area set aside for open space of 5
1679percent or 20 acres, whichever is less.
1680     14.  A proposed increase to an approved multiuse
1681development of regional impact where the sum of the increases of
1682each land use as a percentage of the applicable substantial
1683deviation criteria is equal to or exceeds 100 percent. The
1684percentage of any decrease in the amount of open space shall be
1685treated as an increase for purposes of determining when 100
1686percent has been reached or exceeded.
1687     15.  A 15-percent increase in the number of external
1688vehicle trips generated by the development above that which was
1689projected during the original development-of-regional-impact
1690review.
1691     16.  Any change which would result in development of any
1692area which was specifically set aside in the application for
1693development approval or in the development order for
1694preservation or special protection of endangered or threatened
1695plants or animals designated as endangered, threatened, or
1696species of special concern and their habitat, primary dunes, or
1697archaeological and historical sites designated as significant by
1698the Division of Historical Resources of the Department of State.  
1699The further refinement of such areas by survey shall be
1700considered under sub-subparagraph (e)5.b.
1701
1702The substantial deviation numerical standards in subparagraphs
17034., 6., 10., 14., excluding residential uses, and 15., are
1704increased by 100 percent for a project certified under s.
1705403.973 which creates jobs and meets criteria established by the
1706Office of Tourism, Trade, and Economic Development as to its
1707impact on an area's economy, employment, and prevailing wage and
1708skill levels. The substantial deviation numerical standards in
1709subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50
1710percent for a project located wholly within an urban infill and
1711redevelopment area designated on the applicable adopted local
1712comprehensive plan future land use map and not located within
1713the coastal high hazard area.
1714     Section 14.  Bicycle system study.--Prior to October 1,
17152005, the Department of Transportation shall perform a bicycle
1716system study of bicycle facilities that are on or connected to
1717the State Highway System. The results of the bicycle system
1718study shall be presented to the Governor, the President of the
1719Senate, and the Speaker of the House of Representatives by
1720October 1, 2005. The bicycle system study shall include paved
1721bicycle lanes, bicycle trails, bicycle paths, and any route or
1722facility designated specifically for bicycle traffic. The study
1723shall be performed by a consultant selected and funded by the
1724department and shall be managed by the department's State
1725Pedestrian and Bicycle Coordinator. The study shall include:
1726     (1)  Review of department standards for bicycle lanes to
1727determine if they meet the needs of the state's bicyclists.
1728     (2)  Identification of state highways with existing
1729designated bicycle lanes.
1730     (3)  Identification of state highways with no designated
1731bicycle lanes and any constraints to incorporating these
1732facilities.
1733     (4)  Providing electronic mapping of those facilities
1734identified in subsections (2) and (3).
1735     (5)  Identification of all bicycle facility needs on the
1736State Highway System.
1737     (6)  Review and identification of possible funding sources
1738for new or improved facilities.
1739     (7)  A proposed implementation plan that will identify the
1740incorporation of bicycle facilities on those state highways
1741programmed for rehabilitation or new construction in the
1742department's 5-year work program. The proposed plan must include
1743the costs associated within the work program to add these
1744facilities.
1745     Section 15.  This act shall take effect upon becoming a
1746law.


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