Senate Bill sb0460c2

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    Florida Senate - 2005                     CS for CS for SB 460

    By the Committees on Governmental Oversight and Productivity;
    Transportation; and Senator Sebesta




    585-2201-05

  1                      A bill to be entitled

  2         An act relating to transportation; creating s.

  3         311.22, F.S.; establishing a program to provide

  4         matching funds for dredging projects in

  5         eligible counties; requiring that funds

  6         appropriated under the program be used for

  7         certain projects; requiring that the Florida

  8         Seaport Transportation and Economic Development

  9         Council adopt rules for evaluating the dredging

10         projects; providing criteria for the rules;

11         providing for a project-review process by the

12         Department of Community Affairs, the Department

13         of Transportation, and the Office of Tourism,

14         Trade, and Economic Development; amending s.

15         332.007, F.S.; authorizing the Department of

16         Transportation to fund certain eligible

17         aviation planning projects to be performed by

18         not-for-profit organizations representing a

19         majority of public airports; amending s.

20         322.14, F.S.; reducing the number of members of

21         the Secure Airports for Florida's Economy

22         (SAFE) Council; providing for the funding of

23         the council through annual grants made by the

24         Department of Transportation; authorizing the

25         council to contract for administrative support;

26         requiring the council to establish an advisory

27         board; authorizing the council to advise the

28         department on aviation issues; removing the

29         Department of Community Affairs from the review

30         of council products; eliminating the

31         requirement that airports fund the council;

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 1         abolishing the council by a specified date;

 2         amending s. 337.11, F.S.; adding written work

 3         orders to the type of documents covered by the

 4         department's contracting laws; specifying

 5         changes to surety bondholder's liability under

 6         certain circumstances; creating s. 337.195,

 7         F.S.; providing presumptions relating to

 8         liability in certain actions against the

 9         department; limiting liability, in certain

10         circumstances, of contractors and engineers

11         doing work for the department; amending

12         338.155, F.S.; providing that persons

13         participating in the funeral procession of a

14         law enforcement officer or firefighter killed

15         in the line of duty are exempt from paying

16         tolls; amending 339.175, F.S.; requiring

17         metropolitan planning organizations to have

18         recorded roll-votes and super-majority votes on

19         certain plans; amending s. 339.64, F.S.;

20         requiring the Florida Transportation Commission

21         to include as part of its annual work program

22         review an assessment of the department's

23         progress on the Strategic Intermodal System;

24         requiring an annual report to the Governor and

25         the Legislature by a certain time period;

26         directing the department to coordinate with

27         federal, regional, and local entities for

28         transportation planning that impacts military

29         installations; requiring the Strategic

30         Intermodal System Plan to include an assessment

31         of the impacts of proposed projects on military

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 1         installations; adding a military representative

 2         to the Governor's appointees to the Strategic

 3         Intermodal Transportation Advisory Council;

 4         deleting obsolete provisions; creating part IV

 5         of chapter 343, F.S., entitled "Northwest

 6         Florida Transportation Corridor Authority";

 7         providing a short title; providing definitions;

 8         creating the Northwest Florida Transportation

 9         Corridor Authority encompassing Escambia, Santa

10         Rosa, Okaloosa, Walton, Bay, Gulf, Franklin,

11         and Wakulla Counties; providing for a governing

12         body of the authority; providing for

13         membership, organization, purposes, and powers

14         of the authority; requiring a master plan;

15         providing for the U.S. 98 Corridor System;

16         prohibiting tolls on certain existing highways

17         and other transportation facilities within the

18         corridor; providing for procurement; providing

19         bond financing authority for improvements;

20         providing for bonds of the authority; providing

21         for fiscal agents; providing that the State

22         Board of Administration may act as fiscal

23         agent; providing for certain financial

24         agreements; providing for the rights and

25         remedies of bondholders; providing for a

26         lease-purchase agreement with the department;

27         authorizing the authority to appoint the

28         department as its agent for construction;

29         providing for acquisition of lands and

30         property; providing for cooperation with other

31         units, boards, agencies, and individuals;

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 1         providing for public-private partnerships;

 2         providing covenant of the state; providing for

 3         exemption from taxation; providing for

 4         eligibility for investments and security;

 5         providing that pledges are enforceable by

 6         bondholders; providing for complete and

 7         additional statutory authority for the

 8         department and other state agencies; amending

 9         s. 380.06, F.S., relating to developments of

10         regional impact; deleting a provision stating

11         criteria for determining when a change to

12         certain airports necessitates a review;

13         providing an effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Section 311.22, Florida Statutes, is

18  created to read:

19         311.22  Additional authorization for funding certain

20  dredging projects.--

21         (1)  The Florida Seaport Transportation and Economic

22  Development Council shall establish a program to fund dredging

23  projects in counties having a population of fewer than 300,000

24  according to the last official census. Funds made available

25  under this program may be used to fund approved projects for

26  the dredging or deepening of channels, turning basins, or

27  harbors on a 50-50 matching basis with any port authority, as

28  such term is defined in s. 315.02(2), which complies with the

29  permitting requirements in part IV of chapter 373 and the

30  local financial management and reporting provisions of part

31  III of chapter 218.

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 1         (2)  The council shall adopt rules for evaluating the

 2  projects that may be funded pursuant to this section. The

 3  rules must provide criteria for evaluating the economic

 4  benefit of the project. The rules must include the creation of

 5  an administrative review process by the council which is

 6  similar to the process described in s. 311.09(5)-(12), and

 7  provide for a review by the Department of Community Affairs,

 8  the Department of Transportation, and the Office of Tourism,

 9  Trade, and Economic Development of all projects submitted for

10  funding under this section.

11         Section 2.  Subsection (10) is added to section

12  332.007, Florida Statutes, to read:

13         332.007  Administration and financing of aviation and

14  airport programs and projects; state plan.--

15         (10)  The department may also fund eligible projects

16  performed by not-for-profit organizations that represent a

17  majority of public airports in this state. Eligible projects

18  may include activities associated with aviation master

19  planning, professional education, safety and security

20  planning, enhancing economic development and efficiency at

21  airports in this state, or other planning efforts to improve

22  the viability of airports in this state.

23         Section 3.  Section 332.14, Florida Statutes, is

24  amended to read:

25         332.14  Secure Airports for Florida's Economy

26  Council.--

27         (1)  This section shall be known by the popular name

28  the "Secure Airports for Florida's Economy Act" or the "SAFE

29  Act."

30         (2)  The Secure Airports for Florida's Economy (SAFE)

31  Council is created within the Department of Transportation.

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 1  The council shall consist of the following 7 27 members

 2  appointed by the Department of Transportation from a list of

 3  recommendations submitted by the Board of the Florida Airports

 4  Council. Council members shall be the airport director, or his

 5  or her designee, of each of the following types of airports:

 6         (a)  One large-hub commercial airport.

 7         (b)  One medium-hub commercial airport.

 8         (c)  One small-hub commercial airport.

 9         (d)  One non-hub commercial airport.

10         (e)  Two general aviation airports.

11         (f)  One general aviation reliever airport.

12  

13  Members shall serve two year terms.

14         (a)  The airport director, or his or her designee, of

15  each of the following airports:

16         1.  Daytona Beach International Airport.

17         2.  Ft. Lauderdale-Hollywood International Airport.

18         3.  Gainesville Regional Airport.

19         4.  Jacksonville International Airport.

20         5.  Key West International Airport.

21         6.  Melbourne International Airport.

22         7.  Miami International Airport.

23         8.  Naples Municipal Airport.

24         9.  Okaloosa County Regional Airport.

25         10.  Orlando International Airport.

26         11.  Orlando-Sanford International Airport.

27         12.  Palm Beach County International Airport.

28         13.  Panama City-Bay County International Airport.

29         14.  Pensacola Regional Airport.

30         15.  Sarasota-Bradenton International Airport.

31         16.  Southwest Florida International Airport.

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 1         17.  St. Petersburg-Clearwater International Airport.

 2         18.  Tallahassee Regional Airport.

 3         19.  Tampa International Airport.

 4         (b)  The executive directors of two general aviation

 5  airports appointed by the Florida Airports Council.

 6         (c)  The secretary of the Department of Transportation

 7  or his or her designee.

 8         (d)  The director of the Office of Tourism, Trade, and

 9  Economic Development or his or her designee.

10         (e)  The secretary of the Department of Community

11  Affairs or his or her designee.

12         (f)  The executive director of the Department of Law

13  Enforcement or his or her designee.

14         (g)  A representative of the airline industry appointed

15  by the Air Transport Association.

16         (h)  A representative of the general aviation industry

17  appointed by the Florida Aviation Trades Association.

18         (3)  The Department of Transportation shall fund the

19  council through annual grants made to the council. The

20  department shall fund the council from funds generated by s.

21  320.08058(33)(a), as well as other funds provided for in s.

22  332.007. The council may contract for administrative support

23  and services from not-for-profit organizations that represent

24  a majority of public airports in this state.

25         (4)  The council shall identify and use, to the extent

26  necessary, airport, aviation industry, and agency

27  representatives to advise it concerning its policy and

28  planning activities. The council shall establish a SAFE

29  Council Advisory Board to consist of representatives from

30  industry and local, state, and federal agencies including, but

31  not limited to, representatives of the Department of

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 1  Transportation, the Office of Tourism, Trade, and Economic

 2  Development, the Department of Community Affairs, and the

 3  Department of Law Enforcement.

 4         (5)(3)  Members of the council shall serve without

 5  compensation but are entitled to receive reimbursement for per

 6  diem and travel expenses as provided in s. 112.061. The

 7  council may elect to hire an administrative staff to provide

 8  services to the council on matters relating to the SAFE Act

 9  and the council.

10         (6)(4)  The council shall adopt bylaws governing the

11  manner in which the business of the council will be conducted.

12  The bylaws shall specify the procedure by which the chair of

13  the council is elected. The council shall meet at the call of

14  its chair, at the request of a majority of its membership, or

15  at such times as may be prescribed in its bylaws. However, the

16  council must meet at least once twice a year. All members of

17  the council are voting members. A majority of voting members

18  of the council constitutes a quorum for the purpose of

19  transacting the business of the council. A vote of the

20  majority of the members present is sufficient for any action

21  of the council, except that a member representing the

22  Department of Transportation, the Department of Community

23  Affairs, the Department of Law Enforcement, or the Office of

24  Tourism, Trade, and Economic Development may vote to overrule

25  any action of the council approving a project pursuant to

26  paragraph (7)(a). The bylaws of the council may require a

27  greater vote for a particular action.

28         (7)(5)(a)  The council shall prepare a 5-year SAFE

29  Master Plan defining the goals and objectives of the council

30  concerning the development of airport facilities and an

31  intermodal transportation system consistent with the goals of

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 1  the Florida Transportation Plan developed pursuant to s.

 2  339.155. The SAFE Master Plan may shall include specific

 3  recommendations for:

 4         1.  Ensuring the safety, security, and economic

 5  well-being of commercial service, general aviation airports,

 6  and aviation-related infrastructure in this state. The

 7  acquisition and construction of transportation facilities

 8  connecting any airport to another transportation mode.

 9         2.  The acquisition and construction of transportation

10  facilities or airport facilities for the purpose of protecting

11  the safety and security of passengers and cargo, enhancing

12  international trade, promoting cargo flow, increasing

13  enplanements, increasing airport revenues, and providing

14  economic benefits to the state.

15         (b)  The council shall update the 5-year SAFE Master

16  Plan annually and shall submit the plan, no later than

17  February 1 of each year, to the President of the Senate, the

18  Speaker of the House of Representatives, the Department of

19  Transportation, the Department of Community Affairs, the

20  Department of Law Enforcement, and the Office of Tourism,

21  Trade, and Economic Development.

22         (8)(6)  The council shall make recommendations for the

23  development of develop programs, based on an examination of

24  existing programs in Florida and other states, for the

25  training of minorities and secondary school students in job

26  skills associated with employment opportunities in the

27  aviation industry. Annually, the council shall report on the

28  progress of these programs and make recommendations for

29  further action to the President of the Senate and the Speaker

30  of the House of Representatives.

31  

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 1         (9)(7)  The SAFE council may use utilize, as

 2  appropriate and with legislative spending authorization, any

 3  federal, state, and local government contributions as well as

 4  private donations to fund SAFE Master Plan projects.

 5         (10)  The council shall be available to the Secretary

 6  of Transportation to provide advice on issues pertaining to

 7  the Florida Aviation System.

 8         (11)(a)  The council shall adopt rules for evaluating

 9  projects which may be funded under this act. The rules shall

10  provide criteria for evaluating the economic benefit of the

11  project, measured by the potential for the proposed project to

12  maintain or increase airport security, enplanements, cargo

13  flow, international commerce, airport revenues, and the number

14  of jobs for the airport's local community.

15         (b)  The council shall review and approve or disapprove

16  each project eligible to be funded pursuant to this act. The

17  council shall annually submit a list of projects which have

18  been approved by the council to the Secretary of

19  Transportation, the Secretary of Community Affairs, the

20  executive director of the Department of Law Enforcement, and

21  the director of the Office of Tourism, Trade, and Economic

22  Development. The list shall specify the recommended funding

23  level for each project, and, if staged implementation of the

24  project is appropriate, the funding requirements for each

25  stage shall be specified.

26         1.  The Department of Community Affairs shall review

27  the list of projects approved by the council to determine

28  consistency with approved local government comprehensive plans

29  of the units of local government in which the airport is

30  located and consistency with the airport master plan. The

31  Department of Community Affairs shall identify and notify the

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 1  council of those projects which are not consistent, to the

 2  maximum extent feasible, with such comprehensive plans and

 3  airport master plans.

 4         (12)2.  The Department of Transportation shall review

 5  the list of projects approved by the council for consistency

 6  with the Florida Transportation Plan and the department's

 7  adopted work program. In evaluating the consistency of a

 8  project, the department shall determine whether the

 9  transportation impact of the proposed project is adequately

10  handled by existing state-owned transportation facilities or

11  by the construction of additional state-owned transportation

12  facilities as identified in the Florida Transportation Plan

13  and the department's adopted work program. In reviewing for

14  consistency a transportation facility project as defined in s.

15  334.03(31) which is not otherwise part of the department's

16  work program, the department shall evaluate whether the

17  project is needed to provide for projected movement of cargo

18  or passengers from the airport to a state transportation

19  facility or local road. If the project is needed to provide

20  for projected movement of cargo or passengers, the project

21  shall be approved for consistency as a consideration to

22  facilitate the economic development and growth of the state in

23  a timely manner. The department shall identify those projects

24  which are inconsistent with the Florida Transportation Plan

25  and the adopted work program and shall notify the council of

26  projects found to be inconsistent.

27         (13)3.  The Office of Tourism, Trade, and Economic

28  Development, in consultation with Enterprise Florida, Inc.,

29  shall review the list of projects approved by the council to

30  evaluate the economic benefit of the project and to determine

31  whether the project is consistent with the SAFE Master Plan.

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 1  The Office of Tourism, Trade, and Economic Development shall

 2  review the economic benefits of each project based upon the

 3  rules adopted pursuant to subsection (11) paragraph (a). The

 4  Office of Tourism, Trade, and Economic Development shall

 5  identify those projects which it has determined do not offer

 6  an economic benefit to the state or are not consistent with

 7  the SAFE Master Plan and shall notify the council of its

 8  findings.

 9         (14)4.  The Department of Law Enforcement shall review

10  the list of projects approved by the council for consistency

11  with domestic security provisions of ss. 943.03101, 943.0311,

12  and 943.0312. The Department of Law Enforcement shall identify

13  those projects that it has determined are inconsistent with

14  the state's strategic plan for domestic security and shall

15  notify the council of its findings.

16         (8)  The council shall review the findings of the

17  Department of Community Affairs, the Department of Law

18  Enforcement, the Department of Transportation, and the Office

19  of Tourism, Trade, and Economic Development. Projects found to

20  be inconsistent by the review process under subparagraphs

21  (7)(b)1.-4. and projects which have been determined not to

22  offer an economic benefit to the state by the review process

23  under subparagraph (7)(b)3. shall be removed from the list of

24  projects to be funded.

25         (9)  The cost for administrative services of the

26  council shall be paid by all airports that receive funding

27  under the SAFE Act, based upon a pro rata formula measured by

28  each recipient's share of the funds as compared to the total

29  funds disbursed to all recipients during the year. The share

30  of costs for administrative services shall be paid in its

31  total amount by the recipient airport upon execution by the

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 1  airport and the Department of Transportation of a joint

 2  participation agreement for each council-approved project, and

 3  such payment is in addition to the matching funds required to

 4  be paid by the recipient airport.

 5         (15)(10)  Except as otherwise exempted by law, all

 6  moneys derived from the SAFE programs shall be expended in

 7  accordance with the provisions of s. 287.057. Airports subject

 8  to competitive negotiation requirements of a local governing

 9  body are exempt from this requirement.

10         (16)(11)  Project funding expended pursuant to this act

11  shall be monitored for compliance with all applicable laws.

12         (17)  The council is abolished on January 1, 2009.

13         Section 4.  Subsection (8) of section 337.11, Florida

14  Statutes, is amended to read:

15         337.11  Contracting authority of department; bids;

16  emergency repairs, supplemental agreements, and change orders;

17  combined design and construction contracts; progress payments;

18  records; requirements of vehicle registration.--

19         (8)(a)  The department shall permit the use of written

20  supplemental agreements, written work orders pursuant to a

21  contingency pay item or contingency supplemental agreement,

22  and written change orders to any contract entered into by the

23  department.  Any supplemental agreement shall be reduced to

24  written contract form, approved by the contractor's surety,

25  and executed by the contractor and the department.  Any

26  supplemental agreement modifying any item in the original

27  contract must be approved by the head of the department, or

28  his or her designee, and executed by the appropriate person

29  designated by him or her. Any surety issuing a bond under s.

30  337.18 shall be fully liable under such surety bond to the

31  full extent of any modified contract amount up to and

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 1  including 25 percent over the original contract amount and

 2  without regard to the fact that the surety was not aware of or

 3  did not approve such modifications. However, if modifications

 4  of the original contract amount cumulatively result in

 5  modifications of the contract amount in excess of 25 percent

 6  of the original contract amount, the surety's approval shall

 7  be required to bind the surety under the bond on that portion

 8  in excess of 25 percent of the original contract amount.

 9         (b)  Supplemental agreements and written work orders

10  pursuant to a contingency pay item or contingency supplemental

11  agreement shall be used to clarify the plans and

12  specifications of a contract; to provide for major quantity

13  differences which result in the contractor's work effort

14  exceeding the original contract amount by more than 5 percent;

15  to provide for unforeseen work, grade changes, or alterations

16  in plans which could not reasonably have been contemplated or

17  foreseen in the original plans and specifications; to change

18  the limits of construction to meet field conditions; to

19  provide a safe and functional connection to an existing

20  pavement; to settle contract claims; and to make the project

21  functionally operational in accordance with the intent of the

22  original contract. Supplemental agreements may be used to

23  expand the physical limits of a project only to the extent

24  necessary to make the project functionally operational in

25  accordance with the intent of the original contract. The cost

26  of any such agreement extending the physical limits of a

27  project shall not exceed $100,000 or 10 percent of the

28  original contract price, whichever is greater.

29         (c)  Written change orders may be issued by the

30  department and accepted by the contractor covering minor

31  changes in the plans, specifications, or quantities of work

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 1  within the scope of a contract, when prices for the items of

 2  work affected are previously established in the contract, but

 3  in no event may such change orders extend the physical limits

 4  of the work.

 5         (d)  For the purpose of this section, the term

 6  "physical limits" means the length or width of any project and

 7  specifically includes drainage facilities not running parallel

 8  to the project.  The length and width of temporary connections

 9  affected by such supplemental agreements shall be established

10  in accordance with current engineering practice.

11         (e)  Upon completion and final inspection of the

12  contract work, the department may accept the improvement if it

13  is in substantial compliance with the plans, specifications,

14  special provisions, proposals, and contract and if a proper

15  adjustment in the contract price is made.

16         (f)  Any supplemental agreement or change order in

17  violation of this section is null and void and unenforceable

18  for payment.

19         Section 5.  Section 337.195, Florida Statutes, is

20  created to read:

21         337.195  Limits on liability.--

22         (1)  In a civil action for the death of or injury to a

23  person, or for damage to property, against the Department of

24  Transportation or its agents, consultants, or contractors for

25  work performed on a highway, road, street, bridge, or other

26  transportation facility when the death, injury, or damage

27  resulted from a motor vehicle crash within a construction zone

28  in which the driver of one of the vehicles was under the

29  influence of alcoholic beverages as set forth in s. 316.193,

30  under the influence of any chemical substance as set forth in

31  s. 877.111, or illegally under the influence of any substance

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 1  controlled under chapter 893 to the extent that her or his

 2  normal faculties were impaired or that she or he operated a

 3  vehicle at an unlawful speed as prohibited in s. 316.183, it

 4  is presumed that the driver's operation of the vehicle was the

 5  sole proximate cause of the death, injury, or damage. This

 6  presumption can be overcome if the gross negligence or

 7  intentional misconduct of the Department of Transportation, or

 8  of its agents, consultants, or contractors, was a proximate

 9  cause of the death, injury, or damage.

10         (2)  A contractor who constructs or repairs a highway,

11  road, street, bridge, or other transportation facility for the

12  Department of Transportation is not liable to a claimant for

13  personal injury, property damage, or death arising from the

14  performance of the construction or repair if, at the time of

15  the personal injury, property damage, or death, the contractor

16  was in compliance with contract documents material to the

17  condition that was the proximate cause of the personal injury,

18  property damage, or death. This subsection does not alter or

19  affect any claim of the Department of Transportation against

20  such contractor.

21         (3)  In all cases involving personal injury, property

22  damage, or death, a person or entity who contracts to prepare

23  or provide engineering plans for the construction or repair of

24  a highway, road, street, bridge, or other transportation

25  facility for the Department of Transportation is not liable to

26  a claimant for personal injury, property damage, or death

27  arising from the preparation of such engineering plans if the

28  engineer prepared such engineering plans using that degree of

29  care and skill ordinarily exercised by other engineers in the

30  field under similar conditions, and similar localities, and

31  with due regard for acceptable engineering standards and

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 1  principles. This subsection does not alter or affect any claim

 2  of the Department of Transportation against such engineer or

 3  engineering firm.

 4         Section 6.  Subsection (1) of section 338.155, Florida

 5  Statutes, is amended to read:

 6         338.155  Payment of toll on toll facilities required;

 7  exemptions.--

 8         (1)  No persons are permitted to use any toll facility

 9  without payment of tolls, except employees of the agency

10  operating the toll project when using the toll facility on

11  official state business, state military personnel while on

12  official military business, handicapped persons as provided in

13  this section, persons exempt from toll payment by the

14  authorizing resolution for bonds issued to finance the

15  facility, and persons exempt on a temporary basis where use of

16  such toll facility is required as a detour route. Any law

17  enforcement officer operating a marked  official vehicle is

18  exempt from toll payment when on official law enforcement

19  business. Any person operating a fire vehicle when on official

20  business or a rescue vehicle when on official business is

21  exempt from toll payment. Any person participating in the

22  funeral procession of a law enforcement officer or firefighter

23  killed in the line of duty is exempt from toll payment. The

24  secretary, or the secretary's designee, may suspend the

25  payment of tolls on a toll facility when necessary to assist

26  in emergency evacuation. The failure to pay a prescribed toll

27  constitutes a noncriminal traffic infraction, punishable as a

28  moving violation pursuant to s. 318.18. The department is

29  authorized to adopt rules relating to guaranteed toll

30  accounts.

31  

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 1         Section 7.  Subsection (12) is added to section

 2  339.175, Florida Statutes, to read:

 3         339.175  Metropolitan planning organization.--It is the

 4  intent of the Legislature to encourage and promote the safe

 5  and efficient management, operation, and development of

 6  surface transportation systems that will serve the mobility

 7  needs of people and freight within and through urbanized areas

 8  of this state while minimizing transportation-related fuel

 9  consumption and air pollution. To accomplish these objectives,

10  metropolitan planning organizations, referred to in this

11  section as M.P.O.'s, shall develop, in cooperation with the

12  state and public transit operators, transportation plans and

13  programs for metropolitan areas. The plans and programs for

14  each metropolitan area must provide for the development and

15  integrated management and operation of transportation systems

16  and facilities, including pedestrian walkways and bicycle

17  transportation facilities that will function as an intermodal

18  transportation system for the metropolitan area, based upon

19  the prevailing principles provided in s. 334.046(1). The

20  process for developing such plans and programs shall provide

21  for consideration of all modes of transportation and shall be

22  continuing, cooperative, and comprehensive, to the degree

23  appropriate, based on the complexity of the transportation

24  problems to be addressed. To ensure that the process is

25  integrated with the statewide planning process, M.P.O.'s shall

26  develop plans and programs that identify transportation

27  facilities that should function as an integrated metropolitan

28  transportation system, giving emphasis to facilities that

29  serve important national, state, and regional transportation

30  functions. For the purposes of this section, those facilities

31  

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 1  include the facilities on the Strategic Intermodal System

 2  designated under s. 339.63.

 3         (12)  VOTING REQUIREMENTS.--Each long-range

 4  transportation plan required pursuant to subsection (6); each

 5  annually updated Transportation Improvement Program required

 6  pursuant to subsection (7); and each annual unified planning

 7  work program required pursuant to subsection (8) must be

 8  approved by each M.P.O. on a recorded roll-call vote of the

 9  membership present. Any proposed modification of a

10  Transportation Improvement Program and the annual unified

11  planning work program that affects projects in the first 3

12  years of such plans or programs requires a recorded roll-call,

13  super majority vote of two-thirds of the M.P.O. membership

14  present and voting.

15         Section 8.  Section 339.64, Florida Statutes, is

16  amended to read:

17         339.64  Strategic Intermodal System Plan.--

18         (1)  The department shall develop, in cooperation with

19  metropolitan planning organizations, regional planning

20  councils, local governments, the Statewide Intermodal

21  Transportation Advisory Council and other transportation

22  providers, a Strategic Intermodal System Plan. The plan shall

23  be consistent with the Florida Transportation Plan developed

24  pursuant to s. 339.155 and shall be updated at least once

25  every 5 years, subsequent to updates of the Florida

26  Transportation Plan.

27         (2)  In association with the continued development of

28  the initial Strategic Intermodal System Plan and other

29  transportation plans, the Florida Transportation Commission,

30  as part of its work program review process, shall conduct an

31  annual assessment of the progress that the department and its

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 1  transportation partners have made in realizing the goals of

 2  economic development, improved mobility, and increased

 3  intermodal connectivity need for an improved philosophical

 4  approach to regional and intermodal input in the planning for

 5  and governing of the Strategic Intermodal System and other

 6  transportation systems. The Florida Transportation Commission

 7  shall coordinate with the department, the Statewide Intermodal

 8  Transportation Advisory Council, and other appropriate

 9  entities when developing this assessment. The Florida

10  Transportation Commission shall deliver a report to the

11  Governor and Legislature no later than 14 days after the

12  regular session begins by December 15, 2003, with

13  recommendations as necessary to fully implement the Strategic

14  Intermodal System.

15         (3)(a)  During the development of updates to the

16  Strategic Intermodal System Plan and the development of all

17  subsequent updates, the department shall provide metropolitan

18  planning organizations, regional planning councils, local

19  governments, transportation providers, affected public

20  agencies, and citizens with an opportunity to participate in

21  and comment on the development of the proposed plan or update.

22         (b)  The department also shall coordinate with federal,

23  regional, and local partners the planning for the Strategic

24  Highway Network and the Strategic Rail Corridor Network

25  transportation facilities that either are included in the

26  Strategic Intermodal System or that provide a direct

27  connection between military installations and the Strategic

28  Intermodal System. In addition, the department shall

29  coordinate with regional and local partners to determine

30  whether the road and other transportation infrastructure that

31  connects military installations to the Strategic Intermodal

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 1  System, the Strategic Highway Network, or the Strategic Rail

 2  Corridor is regionally significant and should be included in

 3  the Strategic Intermodal System Plan.

 4         (4)  The Strategic Intermodal System Plan shall include

 5  the following:

 6         (a)  A needs assessment.

 7         (b)  A project prioritization process.

 8         (c)  A map of facilities designated as Strategic

 9  Intermodal System facilities; and facilities that are emerging

10  in importance that are likely to become part of the system in

11  the future; and planned facilities that will meet the

12  established criteria.

13         (d)  A finance plan based on reasonable projections of

14  anticipated revenues, including both 10-year and 20-year

15  cost-feasible components.

16         (e)  An assessment of the impacts of proposed

17  improvements to Strategic Intermodal System corridors on

18  military installations that are either located directly on the

19  Strategic Intermodal System or located on the Strategic

20  Highway Network or Strategic Rail Corridor Network.

21         (5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY

22  COUNCIL.--

23         (a)  The Statewide Intermodal Transportation Advisory

24  Council is created to advise and make recommendations to the

25  Legislature and the department on policies, planning, and

26  funding of intermodal transportation projects. The council's

27  responsibilities shall include:

28         1.  Advising the department on the policies, planning,

29  and implementation of strategies related to intermodal

30  transportation.

31  

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 1         2.  Providing advice and recommendations to the

 2  Legislature on funding for projects to move goods and people

 3  in the most efficient and effective manner for the State of

 4  Florida.

 5         (b)  MEMBERSHIP.--Members of the Statewide Intermodal

 6  Transportation Advisory Council shall consist of the

 7  following:

 8         1.  Six Five intermodal industry representatives

 9  selected by the Governor as follows:

10         a.  One representative from an airport involved in the

11  movement of freight and people from their airport facility to

12  another transportation mode.

13         b.  One individual representing a fixed-route,

14  local-government transit system.

15         c.  One representative from an intercity bus company

16  providing regularly scheduled bus travel as determined by

17  federal regulations.

18         d.  One representative from a spaceport.

19         e.  One representative from intermodal trucking

20  companies.

21         f.  One representative having command responsibilities

22  of a major military installation.

23         2.  Three intermodal industry representatives selected

24  by the President of the Senate as follows:

25         a.  One representative from major-line railroads.

26         b.  One representative from seaports listed in s.

27  311.09(1) from the Atlantic Coast.

28         c.  One representative from an airport involved in the

29  movement of freight and people from their airport facility to

30  another transportation mode.

31  

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 1         3.  Three intermodal industry representatives selected

 2  by the Speaker of the House of Representatives as follows:

 3         a.  One representative from short-line railroads.

 4         b.  One representative from seaports listed in s.

 5  311.09(1) from the Gulf Coast.

 6         c.  One representative from intermodal trucking

 7  companies. In no event may this representative be employed by

 8  the same company that employs the intermodal trucking company

 9  representative selected by the Governor.

10         (c)  Initial appointments to the council must be made

11  no later than 30 days after the effective date of this

12  section.

13         1.  The initial appointments made by the President of

14  the Senate and the Speaker of the House of Representatives

15  shall serve terms concurrent with those of the respective

16  appointing officer. Beginning January 15, 2005, and for all

17  subsequent appointments, council members appointed by the

18  President of the Senate and the Speaker of the House of

19  Representatives shall serve 2-year terms, concurrent with the

20  term of the respective appointing officer.

21         2.  The initial appointees, and all subsequent

22  appointees, made by the Governor shall serve 2-year terms.

23         3.  Vacancies on the council shall be filled in the

24  same manner as the initial appointments.

25         (d)  Each member of the council shall be allowed one

26  vote. The council shall select a chair from among its

27  membership. Meetings shall be held at the call of the chair,

28  but not less frequently than quarterly. The members of the

29  council shall be reimbursed for per diem and travel expenses

30  as provided in s. 112.061.

31  

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 1         (e)  The department shall provide administrative staff

 2  support and shall ensure that council meetings are

 3  electronically recorded. Such recordings and all documents

 4  received, prepared for, or used by the council in conducting

 5  its business shall be preserved pursuant to chapters 119 and

 6  257.

 7         Section 9.  Part IV of chapter 343, Florida Statutes,

 8  consisting of sections 343.80, 343.805, 343.81, 343.82,

 9  343.83, 343.835, 343.836, 343.837, 343.84, 343.85, 343.87,

10  343.875, 343.88, 343.881, 343.884, 343.885, and 343.89, is

11  created to read:

12                             PART IV

13       NORTHWEST FLORIDA TRANSPORTATION CORRIDOR AUTHORITY

14         343.80  Short title.--This part may be cited as the

15  "Northwest Florida Transportation Corridor Authority Law."

16         343.805  Definitions.--As used in this part, the term:

17         (1)  "Agency of the state" means the state and any

18  department of, or corporation, agency, or instrumentality

19  heretofore or hereafter created, designated, or established

20  by, the state.

21         (2)  "Authority" means the body politic and corporate

22  and agency of the state created by this part.

23         (3)  "Bonds" means the notes, bonds, refunding bonds,

24  or other evidences of indebtedness or obligations, in either

25  temporary or definitive form, which the authority is

26  authorized to issue pursuant to this part.

27         (4)  "Department" means the Department of

28  Transportation existing under chapters 334-339.

29         (5)  "Federal agency" means the United States, the

30  President of the United States, and any department of, or

31  corporation, agency, or instrumentality heretofore or

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 1  hereafter created, designated, or established by, the United

 2  States.

 3         (6)  "Lease-purchase agreement" means the

 4  lease-purchase agreements that the authority is authorized

 5  pursuant to this part to enter into with the Department of

 6  Transportation.

 7         (7)  "Limited access expressway" or "expressway" means

 8  a street or highway especially designed for through traffic

 9  and over, from, or to which a person does not have the right

10  of easement, use, or access except in accordance with the

11  rules adopted and established by the authority for the use of

12  such facility. Such highway or street may be a parkway, from

13  which trucks, buses, and other commercial vehicles are

14  excluded, or it may be a freeway open to use by all customary

15  forms of street and highway traffic.

16         (8)  "Members" means the governing body of the

17  authority, and the term "member" means one of the individuals

18  constituting such governing body.

19         (9)  "State Board of Administration" means the body

20  corporate existing under the provisions of s. 9, Art. XII of

21  the State Constitution, or any successor thereto.

22         (10)  "U.S. 98 corridor" means U.S. Highway 98 and any

23  feeder roads, reliever roads, connector roads, bridges, and

24  other transportation appurtenances, existing or constructed in

25  the future, that support U.S. Highway 98 in Escambia, Santa

26  Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla

27  Counties.

28         (11)  "U.S. 98 corridor system" means any and all

29  expressways and appurtenant facilities, including, but not

30  limited to, all approaches, roads, bridges, and avenues of

31  access for the expressways that are either built by the

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 1  authority or whose ownership is transferred to the authority

 2  by other governmental or private entities.

 3  

 4  Terms importing singular number include the plural number in

 5  each case and vice versa, and terms importing persons include

 6  firms and corporations.

 7         343.81  Northwest Florida Transportation Corridor

 8  Authority.--

 9         (1)  There is created and established a body politic

10  and corporate, an agency of the state, to be known as the

11  Northwest Florida Transportation Corridor Authority,

12  hereinafter referred to as "the authority."

13         (2)(a)  The governing body of the authority shall

14  consist of eight voting members, one each from Escambia, Santa

15  Rosa, Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla

16  Counties, appointed by the Governor to a 4-year term. The

17  appointees shall be residents of their respective counties.

18  Upon the effective date of his or her appointment, or as soon

19  thereafter as practicable, each appointed member of the

20  authority shall enter upon his or her duties. Each appointed

21  member shall hold office until his or her successor has been

22  appointed and has qualified. A vacancy occurring during a term

23  shall be filled only for the balance of the unexpired term.

24  Any member of the authority shall be eligible for

25  reappointment. Members of the authority may be removed from

26  office by the Governor for misconduct, malfeasance,

27  misfeasance, or nonfeasance in office.

28         (b)  The district secretary of the Department of

29  Transportation serving Northwest Florida shall serve as an ex

30  officio, nonvoting member.

31  

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 1         (3)(a)  The authority shall elect one of its members as

 2  chair and shall also elect a secretary and a treasurer who may

 3  or may not be members of the authority. The chair, secretary,

 4  and treasurer shall hold such offices at the will of the

 5  authority.

 6         (b)  Five members of the authority shall constitute a

 7  quorum, and the vote of at least five members shall be

 8  necessary for any action taken by the authority. A vacancy in

 9  the authority does not impair the right of a quorum of the

10  authority to exercise all of the rights and perform all of the

11  duties of the authority.

12         (c)  The authority shall meet at least quarterly but

13  may meet more frequently upon the call of the chair. The

14  authority should alternate the locations of its meetings among

15  the seven counties.

16         (4)  Members of the authority shall serve without

17  compensation but shall be entitled to receive from the

18  authority their travel expenses and per diem incurred in

19  connection with the business of the authority, as provided in

20  s. 112.061.

21         (5)  The authority may employ an executive director, an

22  executive secretary, its own counsel and legal staff,

23  technical experts, engineers, and such employees, permanent or

24  temporary, as it may require. The authority shall determine

25  the qualifications and fix the compensation of such persons,

26  firms, or corporations and may employ a fiscal agent or

27  agents; however, the authority shall solicit sealed proposals

28  from at least three persons, firms, or corporations for the

29  performance of any services as fiscal agents. The authority

30  may delegate to one or more of its agents or employees its

31  power as it shall deem necessary to carry out the purposes of

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 1  this part, subject always to the supervision and control of

 2  the authority.

 3         (6)  The authority may establish technical advisory

 4  committees to provide guidance and advice on corridor-related

 5  issues. The authority shall establish the size, composition,

 6  and focus of any technical advisory committee created. A

 7  member appointed to a technical advisory committee shall serve

 8  without compensation but shall be entitled to per diem or

 9  travel expenses, as provided in s. 112.061.

10         343.82  Purposes and powers.--

11         (1)  The primary purpose of the authority is to improve

12  mobility on the U.S. 98 corridor in Northwest Florida to

13  enhance traveler safety, identify and develop hurricane

14  evacuation routes, promote economic development along the

15  corridor, and implement transportation projects to alleviate

16  current or anticipated traffic congestion.

17         (2)  The authority is authorized to construct any

18  feeder roads, reliever roads, connector roads, bypasses, or

19  appurtenant facilities that are intended to improve mobility

20  along the U.S. 98 corridor. The transportation improvement

21  projects may also include all necessary approaches, roads,

22  bridges, and avenues of access that are desirable and proper

23  with the concurrence, where applicable, of the department if

24  the project is to be part of the State Highway System or the

25  respective county or municipal governing boards. Any

26  transportation facilities constructed by the authority may be

27  tolled.

28         (3)(a)  The authority shall develop and adopt a

29  corridor master plan no later than July 1, 2007. The goals and

30  objectives of the master plan are to identify areas of the

31  corridor where mobility, traffic safety, and efficient

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 1  hurricane evacuation needs to be improved; evaluate the

 2  economic development potential of the corridor and consider

 3  strategies to develop that potential; develop methods of

 4  building partnerships with local governments, other state and

 5  federal entities, the private-sector business community, and

 6  the public in support of corridor improvements; and to

 7  identify projects that will accomplish these goals and

 8  objectives.

 9         (b)  After its adoption, the master plan shall be

10  updated annually before July 1 of each year.

11         (c)  The authority shall present the original master

12  plan and updates to the governing bodies of the counties

13  within the corridor and to the legislative delegation members

14  representing those counties within 90 days after adoption.

15         (d)  The authority may undertake projects or other

16  improvements in the master plan in phases as particular

17  projects or segments thereof become feasible, as determined by

18  the authority. In carrying out its purposes and powers, the

19  authority may request funding and technical assistance from

20  the department and appropriate federal and local agencies,

21  including, but not limited to, state infrastructure bank

22  loans, advances from the Toll Facilities Revolving Trust Fund,

23  and from any other sources.

24         (4)  The authority is granted and shall have and may

25  exercise all powers necessary, appurtenant, convenient, or

26  incidental to the carrying out of the aforesaid purposes,

27  including, but not limited to, the following rights and

28  powers:

29         (a)  To acquire, hold, construct, improve, maintain,

30  operate, own, and lease in the capacity of lessor

31  transportation facilities within the U.S. 98 corridor.

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 1         (b)  To borrow money and to make and issue negotiable

 2  notes, bonds, refunding bonds, and other evidences of

 3  indebtedness or obligations, either in temporary or definitive

 4  form, hereinafter in this chapter sometimes called "revenue

 5  bonds" of the authority, for the purpose of financing all or

 6  part of the mobility improvements within the U.S. 98 corridor,

 7  as well as the appurtenant facilities, including all

 8  approaches, streets, roads, bridges, and avenues of access

 9  authorized by this part, the bonds to mature not exceeding 40

10  years after the date of the issuance thereof, and to secure

11  the payment of such bonds or any part thereof by a pledge of

12  any or all of its revenues, rates, fees, rentals, or other

13  charges.

14         (c)  To fix, alter, charge, establish, and collect

15  tolls, rates, fees, rentals, and other charges for the

16  services and facilities of the Northwest Florida

17  Transportation Corridor System, which rates, fees, rentals,

18  and other charges shall always be sufficient to comply with

19  any covenants made with the holders of any bonds issued

20  pursuant to this part; however, such right and power may be

21  assigned or delegated by the authority to the department. The

22  authority may not impose tolls or other charges on existing

23  highways and other transportation facilities within the

24  corridor.

25         (d)  To acquire by donation or otherwise, purchase,

26  hold, lease as lessee, and use any franchise, property, real,

27  personal, or mixed, tangible or intangible, or any options

28  thereof in its own name or in conjunction with others, or

29  interest therein, necessary or desirable for carrying out the

30  purposes of the authority and to sell, lease as lessor,

31  

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 1  transfer, and dispose of any property or interest therein at

 2  any time acquired by it.

 3         (e)  To sue and be sued, implead and be impleaded,

 4  complain, and defend in all courts.

 5         (f)  To adopt, use, and alter at will a corporate seal.

 6         (g)  To enter into and make leases.

 7         (h)  To enter into and make lease-purchase agreements

 8  with the department for terms not exceeding 40 years or until

 9  any bonds secured by a pledge of rentals thereunder, and any

10  refundings thereof, are fully paid as to both principal and

11  interest, whichever is longer.

12         (i)  To make contracts of every name and nature,

13  including, but not limited to, partnerships providing for

14  participation in ownership and revenues, and to execute all

15  instruments necessary or convenient for the carrying on of its

16  business.

17         (j)  Without limitation of the foregoing, to borrow

18  money and accept grants from and to enter into contracts,

19  leases, or other transactions with any federal agency, the

20  state, any agency of the state, or any other public body of

21  the state.

22         (k)  To have the power of eminent domain, including the

23  procedural powers granted under chapters 73 and 74.

24         (l)  To pledge, hypothecate, or otherwise encumber all

25  or any part of the revenues, rates, fees, rentals, or other

26  charges or receipts of the authority.

27         (m)  To enter into partnership and other agreements

28  respecting ownership and revenue participation in order to

29  facilitate financing and constructing any project or portions

30  thereof.

31  

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 1         (n)  To participate in agreements with private entities

 2  and to receive private contributions.

 3         (o)  To contract with the department or with a private

 4  entity for the operation of traditional and electronic toll

 5  collection facilities along the U.S. 98 corridor.

 6         (p)  To do all acts and things necessary or convenient

 7  for the conduct of its business and the general welfare of the

 8  authority in order to carry out the powers granted to it by

 9  this part or any other law.

10         (q)  To construct, operate, and maintain roads,

11  bridges, avenues of access, thoroughfares, and boulevards and

12  to construct, repair, replace, operate, install, and maintain

13  electronic toll payment systems thereon, with all necessary

14  and incidental powers to accomplish the foregoing.

15         (5)  The authority does not have power at any time or

16  in any manner to pledge the credit or taxing power of the

17  state or any political subdivision or agency thereof, nor

18  shall any of the authority's obligations be deemed to be

19  obligations of the state or of any political subdivision or

20  agency thereof, nor shall the state or any political

21  subdivision or agency thereof, except the authority, be liable

22  for the payment of the principal of or interest on such

23  obligations.

24         343.83  Improvements, bond financing

25  authority.--Pursuant to s. 11(f), Art. VII of the State

26  Constitution, the Legislature approves bond financing by the

27  Northwest Florida Transportation Corridor Authority for

28  improvements to toll collection facilities, interchanges to

29  the legislatively approved system, and any other facility

30  appurtenant, necessary, or incidental to the approved system.

31  Subject to terms and conditions of applicable revenue bond

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 1  resolutions and covenants, such costs may be financed in whole

 2  or in part by revenue bonds issued pursuant to s.

 3  343.835(1)(a) or (b) whether currently issued or issued in the

 4  future or by a combination of such bonds.

 5         343.835  Bonds of the authority.--

 6         (1)(a)  Bonds may be issued on behalf of the authority

 7  pursuant to the State Bond Act.

 8         (b)  Alternatively, the authority may issue its own

 9  bonds pursuant to this part at such times and in such

10  principal amount as, in the opinion of the authority, is

11  necessary to provide sufficient moneys for achieving its

12  purposes; however, such bonds may not pledge the full faith

13  and credit of the state. Bonds issued by the authority

14  pursuant to this paragraph or paragraph (a), whether on

15  original issuance or on refunding, shall be authorized by

16  resolution of the members thereof, may be either term or

17  serial bonds, and shall bear such date or dates, mature at

18  such time or times, not exceeding 40 years after their

19  respective dates, bear interest at such rate or rates, be

20  payable semiannually, be in such denominations, be in such

21  form, either coupon or fully registered, carry such

22  registration, exchangeability, and interchangeability

23  privileges, be payable in such medium of payment and at such

24  place or places, be subject to such terms of redemption, and

25  be entitled to such priorities on the revenues, rates, fees,

26  rentals, or other charges or receipts of the authority,

27  including revenues from lease-purchase agreements. The bonds

28  shall be executed either by manual or facsimile signature by

29  such officers as the authority shall determine, however, such

30  bonds shall bear at least one signature that is manually

31  executed thereon, and the coupons attached to such bonds shall

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 1  bear the facsimile signature or signatures of such officer or

 2  officers as shall be designated by the authority and have the

 3  seal of the authority affixed, imprinted, reproduced, or

 4  lithographed thereon, all as may be prescribed in such

 5  resolution or resolutions.

 6         (c)  Bonds issued pursuant to paragraph (a) or

 7  paragraph (b) shall be sold at public sale in the manner

 8  provided by the State Bond Act. However, if the authority, by

 9  official action at a public meeting, determines that a

10  negotiated sale of such bonds is in the best interest of the

11  authority, the authority may negotiate the sale of such bonds

12  with the underwriter designated by the authority and the

13  Division of Bond Finance within the State Board of

14  Administration with respect to bonds issued pursuant to

15  paragraph (a) or solely the authority with respect to bonds

16  issued pursuant to paragraph (b). The authority's

17  determination to negotiate the sale of such bonds may be

18  based, in part, upon the written advice of the authority's

19  financial adviser. Pending the preparation of definitive

20  bonds, interim certificates may be issued to the purchaser or

21  purchasers of such bonds and may contain such terms and

22  conditions as the authority may determine.

23         (d)  The authority may issue bonds pursuant to

24  paragraph (b) to refund any bonds previously issued regardless

25  of whether the bonds being refunded were issued by the

26  authority pursuant to this chapter or on behalf of the

27  authority pursuant to the State Bond Act.

28         (2)  Any such resolution or resolutions authorizing any

29  bonds hereunder may contain provisions that are part of the

30  contract with the holders of such bonds, as to:

31  

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 1         (a)  The pledging of all or any part of the revenues,

 2  rates, fees, rentals, or other charges or receipts of the

 3  authority, derived by the authority for the U.S. 98 corridor

 4  improvements.

 5         (b)  The completion, improvement, operation, extension,

 6  maintenance, repair, lease, or lease-purchase agreement of the

 7  system, and the duties of the authority and others, including

 8  the department, with reference thereto.

 9         (c)  Limitations on the purposes to which the proceeds

10  of the bonds, then or thereafter to be issued, or of any loan

11  or grant by the United States or the state may be applied.

12         (d)  The fixing, charging, establishing, and collecting

13  of rates, fees, rentals, or other charges for use of the

14  services and facilities constructed by the authority.

15         (e)  The setting aside of reserves or sinking funds or

16  repair and replacement funds and the regulation and

17  disposition thereof.

18         (f)  Limitations on the issuance of additional bonds.

19         (g)  The terms and provisions of any lease-purchase

20  agreement, deed of trust, or indenture securing the bonds or

21  under which the same may be issued.

22         (h)  Any other or additional agreements with the

23  holders of the bonds which the authority may deem desirable

24  and proper.

25         (3)  The authority may employ fiscal agents as provided

26  by this part or the State Board of Administration may, upon

27  request of the authority, act as fiscal agent for the

28  authority in the issuance of any bonds that are issued

29  pursuant to this part, and the State Board of Administration

30  may, upon request of the authority, take over the management,

31  control, administration, custody, and payment of any or all

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 1  debt services or funds or assets now or hereafter available

 2  for any bonds issued pursuant to this part. The authority may

 3  enter into any deeds of trust, indentures, or other agreements

 4  with its fiscal agent, or with any bank or trust company

 5  within or without the state, as security for such bonds and

 6  may, under such agreements, sign and pledge all or any of the

 7  revenues, rates, fees, rentals, or other charges or receipts

 8  of the authority. Such deed of trust, indenture, or other

 9  agreement may contain such provisions as are customary in such

10  instruments or, as the authority authorizes, including, but

11  without limitation, provisions as to:

12         (a)  The completion, improvement, operation, extension,

13  maintenance, repair, and lease of or lease-purchase agreement

14  relating to U.S. 98 corridor improvements and the duties of

15  the authority and others, including the department, with

16  reference thereto.

17         (b)  The application of funds and the safeguarding of

18  funds on hand or on deposit.

19         (c)  The rights and remedies of the trustee and the

20  holders of the bonds.

21         (d)  The terms and provisions of the bonds or the

22  resolutions authorizing the issuance of the bonds.

23         (4)  Any of the bonds issued pursuant to this part are,

24  and are hereby declared to be, negotiable instruments and have

25  all the qualities and incidents of negotiable instruments

26  under the law merchant and the negotiable instruments law of

27  the state.

28         (5)  Notwithstanding any of the provisions of this

29  part, each project, building, or facility that has been

30  financed by the issuance of bonds or other evidence of

31  indebtedness under this part and any refinancing thereof are

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 1  hereby approved as provided for in s. 11(f), Art. VII of the

 2  State Constitution.

 3         343.836  Remedies of the bondholders.--

 4         (1)  The rights and the remedies in this section

 5  conferred upon or granted to the bondholders are in addition

 6  to and not in limitation of any rights and remedies lawfully

 7  granted to such bondholders by the resolution or resolutions

 8  providing for the issuance of bonds or by a lease-purchase

 9  agreement, deed of trust, indenture, or other agreement under

10  which the bonds may be issued or secured. If the authority

11  defaults in the payment of the principal of or interest on any

12  of the bonds issued pursuant to the provisions of this part

13  after such principal of or interest on the bonds becomes due,

14  whether at maturity or upon call for redemption, or the

15  department defaults in any payments under, or covenants made

16  in, any lease-purchase agreement between the authority and the

17  department, and such default continues for a period of 30

18  days, or if the authority or the department fails or refuses

19  to comply with the provisions of this part or any agreement

20  made with, or for the benefit of, the holders of the bonds,

21  the holders of 25 percent in aggregate principal amount of the

22  bonds then outstanding may appoint a trustee to represent such

23  bondholders for the purposes hereof, if such holders of 25

24  percent in aggregate principal amount of the bonds then

25  outstanding shall first give notice of their intention to

26  appoint a trustee to the authority and to the department. Such

27  notice shall be deemed to have been given if given in writing,

28  deposited in a securely sealed postpaid wrapper, mailed at a

29  regularly maintained United States post office box or station,

30  and addressed, respectively, to the chair of the authority and

31  

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 1  to the secretary of the department at the principal office of

 2  the department.

 3         (2)  Such trustee and any trustee under any deed of

 4  trust, indenture, or other agreement may, and upon written

 5  request of the holders of 25 percent or such other percentages

 6  as are specified in any deed of trust, indenture, or other

 7  agreement aforesaid in principal amount of the bonds then

 8  outstanding shall, in any court of competent jurisdiction, in

 9  his, her, or its own name:

10         (a)  By mandamus or other suit, action, or proceeding

11  at law or in equity, enforce all rights of the bondholders,

12  including the right to require the authority to fix,

13  establish, maintain, collect, and charge rates, fees, rentals,

14  and other charges adequate to carry out any agreement as to or

15  pledge of the revenues or receipts of the authority to carry

16  out any other covenants and agreements with or for the benefit

17  of the bondholders, and to perform its and their duties under

18  this part.

19         (b)  By mandamus or other suit, action, or proceeding

20  at law or in equity, enforce all rights of the bondholders

21  under or pursuant to any lease-purchase agreement between the

22  authority and the department, including the right to require

23  the department to make all rental payments required to be made

24  by it under the provisions of any such lease-purchase

25  agreement, to require the department to carry out any other

26  covenants and agreements with or for the benefit of the

27  bondholders and to perform its and their duties under this

28  part.

29         (c)  Bring suit upon the bonds.

30  

31  

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 1         (d)  By action or suit in equity, require the authority

 2  or the department to account as if it were the trustee of an

 3  express trust for the bondholders.

 4         (e)  By action or suit in equity, enjoin any acts or

 5  things that may be unlawful or in violation of the rights of

 6  the bondholders.

 7         (3)  Any trustee, when appointed as aforesaid or acting

 8  under a deed of trust, indenture, or other agreement, and

 9  whether or not all bonds have been declared due and payable,

10  may appoint a receiver who may enter upon and take possession

11  of the system or the facilities or any part or parts thereof,

12  the rates, fees, rentals, or other revenues, charges, or

13  receipts from which are or may be applicable to the payment of

14  the bonds so in default, and, subject to and in compliance

15  with the provisions of any lease-purchase agreement between

16  the authority and the department, operate and maintain the

17  same for and on behalf of and in the name of the authority,

18  the department, and the bondholders, and collect and receive

19  all rates, fees, rentals, and other charges or receipts or

20  revenues arising therefrom in the same manner as the authority

21  or the department might do, and shall deposit all such moneys

22  in a separate account and apply such moneys in such manner as

23  the court shall direct. In any suit, action, or proceeding by

24  the trustee, the fees, counsel fees, and expenses of the

25  trustee and the receiver, if any, and all costs and

26  disbursements allowed by the court shall be a first charge on

27  any rates, fees, rentals, or other charges, revenues, or

28  receipts derived from the system or the facilities or services

29  or any part or parts thereof, including payments under any

30  such lease-purchase agreement as aforesaid, which rates, fees,

31  rentals, or other charges, revenues, or receipts may be

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 1  applicable to the payment of the bonds so in default. Such

 2  trustee, in addition to the foregoing, possesses all of the

 3  powers necessary for the exercise of any functions

 4  specifically set forth herein or incident to the

 5  representation of the bondholders in the enforcement and

 6  protection of their rights.

 7         (4)  This section or any other section of this part

 8  does not authorize any receiver appointed pursuant hereto for

 9  the purpose, subject to and in compliance with the provisions

10  of any lease-purchase agreement between the authority and the

11  department, of operating and maintaining the system or any

12  facilities or part or parts thereof, to sell, assign,

13  mortgage, or otherwise dispose of any of the assets of

14  whatever kind and character belonging to the authority. It is

15  the intention of this part to limit the powers of such

16  receiver, subject to and in compliance with the provisions of

17  any lease-purchase agreement between the authority and the

18  department, to the operation and maintenance of the system or

19  any facility or part or parts thereof, as the court may

20  direct, in the name and for and on behalf of the authority,

21  the department, and the bondholders. In any suit, action, or

22  proceeding at law or in equity, a holder of bonds on the

23  authority, a trustee, or any court may not compel or direct a

24  receiver to sell, assign, mortgage, or otherwise dispose of

25  any assets of whatever kind or character belonging to the

26  authority. A receiver also may not be authorized to sell,

27  assign, mortgage, or otherwise dispose of any assets of

28  whatever kind or character belonging to the authority in any

29  suit, action, or proceeding at law or in equity.

30         343.837  Lease-purchase agreement.--

31  

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 1         (1)  In order to effectuate the purposes of this part

 2  and as authorized by this part, the authority may enter into a

 3  lease-purchase agreement with the department relating to and

 4  covering the U.S. 98 Corridor System.

 5         (2)  Such lease-purchase agreement shall provide for

 6  the leasing of the system by the authority, as lessor, to the

 7  department, as lessee, shall prescribe the term of such lease

 8  and the rentals to be paid thereunder, and shall provide that,

 9  upon the completion of the faithful performance thereunder and

10  the termination of such lease-purchase agreement, title in fee

11  simple absolute to the system as then constituted shall be

12  transferred in accordance with law by the authority to the

13  state and the authority shall deliver to the department such

14  deeds and conveyances as shall be necessary or convenient to

15  vest title in fee simple absolute in the state.

16         (3)  Such lease-purchase agreement may include such

17  other provisions, agreements, and covenants as the authority

18  and the department deem advisable or required, including, but

19  not limited to, provisions as to the bonds to be issued for

20  the purposes of this part, the completion, extension,

21  improvement, operation, and maintenance of the system and the

22  expenses and the cost of operation of the authority, the

23  charging and collection of tolls, rates, fees, and other

24  charges for the use of the services and facilities thereof,

25  and the application of federal or state grants or aid which

26  may be made or given to assist the authority in the

27  completion, extension, improvement, operation, and maintenance

28  of the system.

29         (4)  The department as lessee under such lease-purchase

30  agreement may pay as rentals thereunder any rates, fees,

31  charges, funds, moneys, receipts, or income accruing to the

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 1  department from the operation of the system and may also pay

 2  as rentals any appropriations received by the department

 3  pursuant to any act of the Legislature heretofore or hereafter

 4  enacted; however, nothing in this section or in such

 5  lease-purchase agreement is intended to require, nor shall

 6  this part or such lease-purchase agreement require, the making

 7  or continuance of such appropriations, nor shall any holder of

 8  bonds issued pursuant to this part ever have any right to

 9  compel the making or continuance of such appropriations.

10         (5)  The department shall have power to covenant in any

11  lease-purchase agreement that it will pay all or any part of

12  the cost of the operation, maintenance, repair, renewal, and

13  replacement of the corridor system, and any part of the cost

14  of completing the corridor system to the extent that the

15  proceeds of bonds issued are insufficient, from sources other

16  than the revenues derived from the operation of the system.

17         (6)  The U.S. 98 Corridor System shall be a part of the

18  State Highway System as defined in s. 334.03, and the

19  department may, upon the request of the authority, expend out

20  of any funds available for that purpose, and use such of its

21  engineering and other forces, as may be necessary and

22  desirable in the judgment of the department, for the operation

23  of the authority and for traffic surveys, borings, surveys,

24  preparation of plans and specifications, estimates of cost,

25  and other preliminary engineering and other studies.

26         343.84  Department may be appointed agent of authority

27  for construction.--The department may be appointed by the

28  authority as its agent for the purpose of constructing

29  improvements and extensions to the system and for the

30  completion thereof. In such event, the authority shall provide

31  the department with complete copies of all documents,

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 1  agreements, resolutions, contracts, and instruments relating

 2  thereto, shall request the department to do such construction

 3  work, including the planning, surveying, and actual

 4  construction of the completion, extensions, and improvements

 5  to the system, and shall transfer to the credit of an account

 6  of the department in the treasury of the state the necessary

 7  funds therefor. The department shall proceed with such

 8  construction and use the funds for such purpose in the same

 9  manner that it is now authorized to use the funds otherwise

10  provided by law for its use in construction of roads and

11  bridges.

12         343.85  Acquisition of lands and property.--

13         (1)  For the purposes of this part, the Northwest

14  Florida Transportation Corridor Authority may acquire private

15  or public property and property rights, including rights of

16  access, air, view, and light, by gift, devise, purchase, or

17  condemnation by eminent domain proceedings, as the authority

18  may deem necessary for any purpose of this part, including,

19  but not limited to, any lands reasonably necessary for

20  securing applicable permits, areas necessary for management of

21  access, borrow pits, drainage ditches, water retention areas,

22  rest areas, replacement access for landowners whose access is

23  impaired due to the construction of a facility, and

24  replacement rights-of-way for relocated rail and utility

25  facilities; for existing, proposed, or anticipated

26  transportation facilities within the U.S. 98 transportation

27  corridor designated by the authority; or for the purposes of

28  screening, relocation, removal, or disposal of junkyards and

29  scrap metal processing facilities. The authority may condemn

30  any material and property necessary for such purposes.

31  

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 1         (2)  The right of eminent domain herein conferred shall

 2  be exercised by the authority in the manner provided by law.

 3         (3)  When the authority acquires property for a

 4  transportation facility or in a transportation corridor, the

 5  authority is not subject to any liability imposed by chapter

 6  376 or chapter 403 for preexisting soil or groundwater

 7  contamination due solely to its ownership. This section does

 8  not affect the rights or liabilities of any past or future

 9  owners of the acquired property, nor does it affect the

10  liability of any governmental entity for the results of its

11  actions which create or exacerbate a pollution source. The

12  authority and the Department of Environmental Protection may

13  enter into interagency agreements for the performance,

14  funding, and reimbursement of the investigative and remedial

15  acts necessary for property acquired by the authority.

16         343.87  Cooperation with other units, boards, agencies,

17  and individuals.--Express authority and power is hereby given

18  and granted to any county, municipality, drainage district,

19  road and bridge district, school district, or any other

20  political subdivision, board, commission, or individual in or

21  of the state to make and enter into contracts, leases,

22  conveyances, partnerships, or other agreements with the

23  authority within the provisions and purposes of this part. The

24  authority may make and enter into contracts, leases,

25  conveyances, partnerships, and other agreements with any

26  political subdivision, agency, or instrumentality of the state

27  and any and all federal agencies, corporations, and

28  individuals for the purpose of carrying out the provisions of

29  this part.

30         343.875  Public-private partnerships.--

31  

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 1         (1)  The authority may receive or solicit proposals and

 2  enter into agreements with private entities or consortia

 3  thereof, for the building, operation, ownership, or financing

 4  of transportation facilities within the jurisdiction of the

 5  authority. Before approval, the authority must determine that

 6  a proposed project:

 7         (a)  Is in the public's best interest.

 8         (b)  Would not require state funds to be used unless

 9  the project is on or provides increased mobility on the State

10  Highway System.

11         (c)  Would have adequate safeguards to ensure that

12  additional costs or service disruptions would not be realized

13  by the traveling public and citizens of the state in the event

14  of default or the cancellation of the agreement by the

15  authority.

16         (2)  The authority shall ensure that all reasonable

17  costs to the state related to transportation facilities that

18  are not part of the State Highway System are borne by the

19  private entity. The authority also shall ensure that all

20  reasonable costs to the state and substantially affected local

21  governments and utilities related to the private

22  transportation facility are borne by the private entity for

23  transportation facilities that are owned by private entities.

24  For projects on the State Highway System, the department may

25  use state resources to participate in funding and financing

26  the project as provided for under the department's enabling

27  legislation.

28         (3)  The authority may request proposals for

29  public-private transportation projects or, if it receives an

30  unsolicited proposal, it must publish a notice in the Florida

31  Administrative Weekly and a newspaper of general circulation

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 1  in the county in which it is located at least once a week for

 2  2 weeks stating that it has received the proposal and will

 3  accept, for 60 days after the initial date of publication,

 4  other proposals for the same project purpose. A copy of the

 5  notice must be mailed to each local government in the affected

 6  areas. After the public notification period has expired, the

 7  authority shall rank the proposals in order of preference. In

 8  ranking the proposals, the authority shall consider

 9  professional qualifications, general business terms,

10  innovative engineering or cost-reduction terms, finance plans,

11  and the need for state funds to deliver the proposal. If the

12  authority is not satisfied with the results of the

13  negotiations, it may, at its sole discretion, terminate

14  negotiations with the proposer. If these negotiations are

15  unsuccessful, the authority may go to the second and

16  lower-ranked firms, in order, using the same procedure. If

17  only one proposal is received, the authority may negotiate in

18  good faith and, if it is not satisfied with the results, it

19  may, at its sole discretion, terminate negotiations with the

20  proposer. Notwithstanding this subsection, the authority may,

21  at its discretion, reject all proposals at any point in the

22  process up to completion of a contract with the proposer.

23         (4)  Agreements entered into pursuant to this section

24  may authorize the public-private entity to impose tolls or

25  fares for the use of the facility. However, the amount and use

26  of toll or fare revenues shall be regulated by the authority

27  to avoid unreasonable costs to users of the facility.

28         (5)  Each public-private transportation facility

29  constructed pursuant to this section shall comply with all

30  requirements of federal, state, and local laws; state,

31  regional, and local comprehensive plans; the authority's

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 1  rules, policies, procedures, and standards for transportation

 2  facilities; and any other conditions that the authority

 3  determines to be in the public's best interest.

 4         (6)  The authority may exercise any of its powers,

 5  including eminent domain, to facilitate the development and

 6  construction of transportation projects pursuant to this

 7  section. The authority may pay all or part of the cost of

 8  operating and maintaining the facility or may provide services

 9  to the private entity for which it receives full or partial

10  reimbursement for services rendered.

11         (7)  Except as herein provided, this section is not

12  intended to amend existing law by granting additional powers

13  to or imposing further restrictions on the governmental

14  entities with regard to regulating and entering into

15  cooperative arrangements with the private sector for the

16  planning, construction, and operation of transportation

17  facilities.

18         (8)  The authority may adopt rules to implement this

19  section and shall, by rule, establish an application fee for

20  the submission of unsolicited proposals under this section.

21  The fee must be sufficient to pay the costs of evaluating the

22  proposals.

23         343.88  Covenant of the state.--The state does hereby

24  pledge to, and agrees with, any person, firm or corporation,

25  or federal or state agency subscribing to or acquiring the

26  bonds to be issued by the authority for the purposes of this

27  part that the state will not limit or alter the rights hereby

28  vested in the authority and the department until all bonds at

29  any time issued, together with the interest thereon, are fully

30  paid and discharged insofar as the same affects the rights of

31  the holders of bonds issued hereunder. The state does further

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 1  pledge to, and agree with, the United States that, if any

 2  federal agency constructs or contributes any funds for the

 3  completion, extension, or improvement of the system or any

 4  part or portion thereof, the state will not alter or limit the

 5  rights and powers of the authority and the department in any

 6  manner which would be inconsistent with the continued

 7  maintenance and operation of the system or the completion,

 8  extension, or improvement thereof or which would be

 9  inconsistent with the due performance of any agreements

10  between the authority and any such federal agency. The

11  authority and the department shall continue to have and may

12  exercise all powers herein granted so long as necessary or

13  desirable for the carrying out of the purposes of this part

14  and the purposes of the United States in the completion,

15  extension, or improvement of the system or any part or portion

16  thereof.

17         343.881  Exemption from taxation.--The effectuation of

18  the authorized purposes of the authority created under this

19  part is for the benefit of the people of this state, for the

20  increase of their commerce and prosperity, and for the

21  improvement of their health and living conditions and, because

22  the authority performs essential governmental functions in

23  effectuating such purposes, the authority is not required to

24  pay any taxes or assessments of any kind or nature whatsoever

25  upon any property acquired or used by it for such purposes, or

26  upon any rates, fees, rentals, receipts, income, or charges at

27  any time received by it. The bonds issued by the authority,

28  their transfer, and the income therefrom, including any

29  profits made on the sale thereof, shall at all times be free

30  from taxation of any kind by the state or by any political

31  subdivision, taxing agency, or instrumentality thereof. The

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 1  exemption granted by this section does not apply to any tax

 2  imposed by chapter 220 on interest, income, or profits on debt

 3  obligations owned by corporations.

 4         343.884  Eligibility for investments and security.--Any

 5  bonds or other obligations issued pursuant to this part shall

 6  be and constitute legal investments for banks, savings banks,

 7  trustees, executors, administrators, and all other fiduciaries

 8  and for all state, municipal, and other public funds and shall

 9  also be and constitute securities eligible for deposit as

10  security for all state, municipal, or other public funds,

11  notwithstanding the provisions of any other law to the

12  contrary.

13         343.885  Pledges enforceable by bondholders.--It is the

14  express intention of this part that any pledge to the

15  authority by the department of rates, fees, revenues, or other

16  funds as rentals, or any covenants or agreements relative

17  thereto, is enforceable in any court of competent jurisdiction

18  against the authority or directly against the department by

19  any holder of bonds issued by the authority.

20         343.89  Complete and additional statutory authority.--

21         (1)  The powers conferred by this part are supplemental

22  to the existing powers of the board and the department. This

23  part does not repeal any of the provisions of any other law,

24  general, special, or local, but supersedes such other laws in

25  the exercise of the powers provided in this part and provides

26  a complete method for the exercise of the powers granted in

27  this part. The extension and improvement of the system, and

28  the issuance of bonds hereunder to finance all or part of the

29  cost thereof, may be accomplished upon compliance with the

30  provisions of this part without regard to or necessity for

31  compliance with the provisions, limitations, or restrictions

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 1  contained in any other general, special, or local law,

 2  including, but not limited to, s. 215.821. An approval of any

 3  bonds issued under this part by the qualified electors or

 4  qualified electors who are freeholders in the state or in any

 5  other political subdivision of the state is not required for

 6  the issuance of such bonds pursuant to this part.

 7         (2)  This part does not repeal, rescind, or modify any

 8  other law relating to the State Board of Administration, the

 9  Department of Transportation, or the Division of Bond Finance

10  within the State Board of Administration; however, this part

11  supersedes such other laws as are inconsistent with its

12  provisions, including, but not limited to, s. 215.821.

13         Section 10.  Paragraph (b) of subsection (19) of

14  section 380.06, Florida Statutes, is amended to read:

15         380.06  Developments of regional impact.--

16         (19)  SUBSTANTIAL DEVIATIONS.--

17         (b)  Any proposed change to a previously approved

18  development of regional impact or development order condition

19  which, either individually or cumulatively with other changes,

20  exceeds any of the following criteria shall constitute a

21  substantial deviation and shall cause the development to be

22  subject to further development-of-regional-impact review

23  without the necessity for a finding of same by the local

24  government:

25         1.  An increase in the number of parking spaces at an

26  attraction or recreational facility by 5 percent or 300

27  spaces, whichever is greater, or an increase in the number of

28  spectators that may be accommodated at such a facility by 5

29  percent or 1,000 spectators, whichever is greater.

30         2.  A new runway, a new terminal facility, a 25-percent

31  lengthening of an existing runway, or a 25-percent increase in

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 1  the number of gates of an existing terminal, but only if the

 2  increase adds at least three additional gates. However, if an

 3  airport is located in two counties, a 10-percent lengthening

 4  of an existing runway or a 20-percent increase in the number

 5  of gates of an existing terminal is the applicable criteria.

 6         3.  An increase in the number of hospital beds by 5

 7  percent or 60 beds, whichever is greater.

 8         4.  An increase in industrial development area by 5

 9  percent or 32 acres, whichever is greater.

10         5.  An increase in the average annual acreage mined by

11  5 percent or 10 acres, whichever is greater, or an increase in

12  the average daily water consumption by a mining operation by 5

13  percent or 300,000 gallons, whichever is greater.  An increase

14  in the size of the mine by 5 percent or 750 acres, whichever

15  is less.

16         6.  An increase in land area for office development by

17  5 percent or an increase of gross floor area of office

18  development by 5 percent or 60,000 gross square feet,

19  whichever is greater.

20         7.  An increase in the storage capacity for chemical or

21  petroleum storage facilities by 5 percent, 20,000 barrels, or

22  7 million pounds, whichever is greater.

23         8.  An increase of development at a waterport of wet

24  storage for 20 watercraft, dry storage for 30 watercraft, or

25  wet/dry storage for 60 watercraft in an area identified in the

26  state marina siting plan as an appropriate site for additional

27  waterport development or a 5-percent increase in watercraft

28  storage capacity, whichever is greater.

29         9.  An increase in the number of dwelling units by 5

30  percent or 50 dwelling units, whichever is greater.

31  

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 1         10.  An increase in commercial development by 50,000

 2  square feet of gross floor area or of parking spaces provided

 3  for customers for 300 cars or a 5-percent increase of either

 4  of these, whichever is greater.

 5         11.  An increase in hotel or motel facility units by 5

 6  percent or 75 units, whichever is greater.

 7         12.  An increase in a recreational vehicle park area by

 8  5 percent or 100 vehicle spaces, whichever is less.

 9         13.  A decrease in the area set aside for open space of

10  5 percent or 20 acres, whichever is less.

11         14.  A proposed increase to an approved multiuse

12  development of regional impact where the sum of the increases

13  of each land use as a percentage of the applicable substantial

14  deviation criteria is equal to or exceeds 100 percent. The

15  percentage of any decrease in the amount of open space shall

16  be treated as an increase for purposes of determining when 100

17  percent has been reached or exceeded.

18         15.  A 15-percent increase in the number of external

19  vehicle trips generated by the development above that which

20  was projected during the original

21  development-of-regional-impact review.

22         16.  Any change which would result in development of

23  any area which was specifically set aside in the application

24  for development approval or in the development order for

25  preservation or special protection of endangered or threatened

26  plants or animals designated as endangered, threatened, or

27  species of special concern and their habitat, primary dunes,

28  or archaeological and historical sites designated as

29  significant by the Division of Historical Resources of the

30  Department of State.  The further refinement of such areas by

31  survey shall be considered under sub-subparagraph (e)5.b.

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 1  

 2  The substantial deviation numerical standards in subparagraphs

 3  4., 6., 10., 14., excluding residential uses, and 15., are

 4  increased by 100 percent for a project certified under s.

 5  403.973 which creates jobs and meets criteria established by

 6  the Office of Tourism, Trade, and Economic Development as to

 7  its impact on an area's economy, employment, and prevailing

 8  wage and skill levels. The substantial deviation numerical

 9  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

10  increased by 50 percent for a project located wholly within an

11  urban infill and redevelopment area designated on the

12  applicable adopted local comprehensive plan future land use

13  map and not located within the coastal high hazard area.

14         Section 11.  This act shall take effect upon becoming a

15  law.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 460

 3                                 

 4  Requires the Florida Seaport Transportation and Economic
    Development Council to develop programs for funding dredging
 5  projects in counties having a population of less than 300,000.

 6  Adjusts the composition and the duties of the Safe Airports
    for Florida's Economy (SAFE) Council.
 7  
    Provides that the presumption that an impaired driver's
 8  actions are the cause of his or her death or injury can be
    overcome if the gross negligence or intentional misconduct of
 9  the FDOT or its contractors was a proximate cause of the death
    or injury. The limitation of liability provisions for
10  contractors do not alter any claim of the FDOT against a
    contractor.
11  
    Provides that persons participating in the funeral procession
12  of a law enforcement officer or firefighter killed in the line
    of duty are exempt from the payment of road tolls.
13  
    Provides for roll call votes on plans and modifications of
14  plans by metropolitan planning organizations.

15  Creates the Northwest Florida Transportation Corridor
    Authority to improve mobility and economic development along
16  the U.S. 98 corridor.

17  Adjusts a provision requiring development-of-regional-impact
    review for proposed changes to airports located in two
18  counties.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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