HB 7077

1	A bill to be entitled
2	An act relating to transportation; amending s. 112.061,
3	F.S.; authorizing metropolitan planning organizations and
4	certain separate entities to establish per diem and travel
5	reimbursement rates; amending s. 121.021, F.S.; revising
6	the definition of "local agency employer" to include
7	metropolitan planning organizations and certain separate
8	entities for purposes of the Florida Retirement System
9	Act; revising the definition of "regularly established
10	position" to include positions in metropolitan planning
11	organizations; amending s. 121.051, F.S.; providing for
12	metropolitan planning organizations to participate in the
13	Florida Retirement System; amending s. 121.055, F.S.;
14	requiring certain metropolitan planning organization and
15	similar entity staff positions to be in the Senior
16	Management Service Class of the Florida Retirement System;
17	amending s. 121.061, F.S.; providing for enforcement of
18	certain employer funding contributions required under the
19	Florida Retirement System; authorizing deductions of
20	amounts owed from certain funds distributed to a
21	metropolitan planning organization; authorizing the
22	governing body of a metropolitan planning organization to
23	file and maintain an action in court to require an
24	employer to remit retirement or social security member
25	contributions or employer matching payments; amending s.
26	121.081, F.S.; providing for metropolitan planning
27	organization officers and staff to claim past service for
28	retirement benefits; amending s. 316.605, F.S.; providing
29	height and placement requirements for vehicle license
30	plates; prohibiting display that obscures identification
31	of the letters and numbers on a license plate; providing
32	penalties; amending s. 316.650, F.S.; revising procedures
33	for disposition of citations issued for failure to pay
34	toll; providing that the citation will not be submitted to
35	the court and no points will be assessed on the driver's
36	license if the person cited elects to make payment
37	directly to the governmental entity that issued the
38	citation; providing for reporting of the citation by the
39	governmental entity to the Department of Highway Safety
40	and Motor Vehicles; amending s. 318.14, F.S.; providing
41	for the amount required to be paid under certain
42	procedures for disposition of a citation issued for
43	failure to pay toll; providing for the person cited to
44	request a court hearing; amending s. 318.18, F.S.;
45	revising penalties for failure to pay a prescribed toll;
46	providing for disposition of amounts received by the clerk
47	of court; revising procedures for withholding of
48	adjudication; providing for suspension of a driver's
49	license under certain circumstances; amending s. 320.061,
50	F.S.; prohibiting interfering with the legibility, angular
51	visibility, or detectability of any feature or detail on a
52	license plate or interfering with the ability to
53	photograph or otherwise record any feature or detail on a
54	license plate; prohibiting advertising, sale,
55	distribution, purchase, or use of any product made for
56	such purpose; providing penalties; providing for a law
57	enforcement officer to issue a citation and confiscate a
58	cover or other device obstructing the visibility or
59	electronic image recording of a plate or to confiscate a
60	license plate physically treated with a substance or
61	material that is obstructing the visibility or electronic
62	image recording of the plate; requiring the Department of
63	Highway Safety and Motor Vehicles to revoke the
64	registration of a plate so altered; providing for the
65	Attorney General to file suit against any entity offering
66	or marketing a product advertised as having the capacity
67	to obstruct the visibility or electronic image recording
68	of a license plate; renumbering and amending s. 336.044,
69	F.S., relating to Department of Transportation use of
70	recovered materials in construction programs; adding
71	gypsum to the list of materials authorized for use in
72	certain demonstration projects; amending s. 338.161, F.S.;
73	providing for the Department of Transportation and certain
74	toll agencies to enter into agreements with public or
75	private entities for additional uses of electronic toll
76	collection products and services; amending s. 338.2216,
77	F.S.; changing the carryforward date on certain
78	undisbursed Florida Turnpike Enterprise funds; amending s.
79	338.2275, F.S.; raising the limit on outstanding bonds to
80	fund turnpike projects; amending s. 339.175, F.S.;
81	specifying that a metropolitan planning organization is a
82	separate legal entity independent of entities represented
83	on the M.P.O. and signatories to the agreement creating
84	the M.P.O.; providing for transfer of responsibilities and
85	liabilities to the new M.P.O. upon execution of a new
86	interlocal agreement by the governmental entities
87	constituting the M.P.O.; providing for selection of
88	certain officers; revising requirements for voting
89	membership; specifying certain constitutional and charter
90	officers are not elected officials of a general-purpose
91	local government for voting membership purposes;
92	establishing a process for appointing alternate members;
93	revising provisions for nonvoting advisers; revising
94	provisions for employment of staff by an M.P.O.; providing
95	for training of certain persons who serve on an M.P.O. for
96	certain purposes; providing additional powers and duties
97	of M.P.O.'s; directing M.P.O.'s to develop coordinated
98	transportation planning processes under certain
99	conditions; requiring a report; revising voting
100	requirements for approval of certain plans and programs
101	and amendments thereto; amending s. 20.23, F.S.; providing
102	that the salary and benefits of the executive director of
103	the Florida Transportation Commission shall be set in
104	accordance with the Senior Management Service; amending s.
105	332.007, F.S.; authorizing the Department of
106	Transportation to provide funds for certain general
107	aviation projects under certain circumstances;
108	redesignating part X of chapter 348, F.S.; creating part X
109	of chapter 348, F.S.; creating the "Osceola County
110	Expressway Authority Law"; providing definitions; creating
111	the authority as an agency of the state; providing for
112	membership, terms, organization, personnel, and
113	administration; providing purposes and powers for
114	construction, expansion, maintenance, improvement, and
115	operation of the Osceola County Expressway System;
116	providing for use of certain funds to pay obligations;
117	requiring consent of local and county jurisdiction for
118	agreements that would restrict construction of roads;
119	providing for bond financing of improvements to certain
120	facilities; providing for issuance of bonds; providing for
121	rights and remedies granted to bondholders; providing for
122	appointment of a trustee to represent the bondholders;
123	providing for appointment of a receiver to take possession
124	of and operate and maintain the system; providing for
125	lease of the system to the Department of Transportation
126	under a lease-purchase agreement; authorizing the
127	department to act in place of the authority under terms of
128	the lease-purchase agreement; requiring approval by the
129	county for certain provisions of the lease-purchase
130	agreement; providing that the system is part of the state
131	road system; authorizing the department to expend a
132	limited amount of funds; providing for the authority to
133	appoint the department as its agent for certain
134	construction purposes; authorizing the authority to
135	acquire property; limiting liability of the authority for
136	contamination existing on an acquired property; providing
137	for remedial acts necessary due to such contamination;
138	authorizing agreements between the authority and other
139	entities; providing a pledge of the state to bondholders;
140	exempting the authority from taxation; providing for
141	application and construction of the part; amending s.
142	373.036, F.S.; correcting a cross-reference; amending s.
143	373.406, F.S.; exempting certain transportation projects
144	from certain requirements for management and storage of
145	surface waters; amending ss. 373.4135 and 373.4136, F.S.;
146	correcting cross-references; amending s. 373.414, F.S.;
147	exempting certain transportation projects and activities
148	from specified public-interest criteria relating to
149	surface waters and wetlands; amending s. 373.4145, F.S.;
150	exempting certain transportation projects and activities
151	within the geographical jurisdiction of the Northwest
152	Florida Water Management District from certain permitting
153	requirements; creating s. 373.4146, F.S.; specifying
154	transportation projects and activities that are exempt
155	from certain requirements for management and storage of
156	surface waters; providing for application of certain
157	requirements relating to stormwater discharge, impact
158	review, acreage thresholds, wetland impacts and general
159	permits, and minimum width or acreage restrictions on
160	stormwater treatment facilities; directing the Department
161	of Environmental Protection, the water management
162	districts, and the Department of Transportation to develop
163	memorandums of understanding relating to the use of
164	sovereign submerged lands or other state-owned lands, a
165	method for determining the seasonal high groundwater table
166	elevation, and best management practices to treat or
167	minimize identified constituents of highway stormwater
168	runoff; providing for application of the memorandums to
169	transportation projects and activities; amending s.
170	348.0003, F.S.; revising the membership of expressway
171	authority governing boards in certain counties; amending
172	s. 348.0004, F.S.; providing for public notice of a
173	proposed toll increase by certain expressway authorities;
174	authorizing a transportation authority, bridge authority,
175	or toll authority to receive or solicit proposals and
176	enter into agreements with private entities for certain
177	transportation facility purposes; providing for
178	application of specified provisions to use of certain
179	additional powers by certain expressway authorities,
180	transportation authorities, bridge authorities, or toll
181	authorities; amending s. 348.754, F.S.; authorizing the
182	Orlando-Orange County Expressway Authority to waive
183	payment and performance bonds on certain construction
184	contracts if the contract is awarded pursuant to an
185	economic development program for the encouragement of
186	local small businesses; providing criteria for
187	participation in the program; providing criteria for the
188	bond waiver; providing for certain determinations by the
189	authority's executive director or a designee as to the
190	suitability of a project; providing for certain payment
191	obligations if a payment and performance bond is waived;
192	requiring the authority to record notice of the
193	obligation; limiting eligibility to bid on the projects;
194	providing for the authority to conduct bond eligibility
195	training for certain businesses; requiring the authority
196	to submit biennial reports to the Orange County
197	legislative delegation; amending s. 212.055, F.S.;
198	renaming the Charter County Transit System Surtax as the
199	County Transportation System Surtax; authorizing all
200	counties to levy a discretionary sales surtax; providing
201	for approval by the governing body or the electorate of
202	the county; providing for distribution to the county and
203	municipalities by interlocal agreement or a certain
204	apportionment formula; providing for distribution of the
205	surtax by certain charter counties; providing for
206	application to certain counties in which the surtax
207	currently exists; providing for application to existing
208	agreements; revising authorized uses of the surtax to
209	include bicycle and pedestrian facilities, certain
210	transportation projects and transit programs, certain
211	capital improvements, and concurrency management;
212	directing the Department of Transportation to conduct a
213	study of the access roads to pari-mutuel facilities and
214	Indian reservation lands where gaming activities occur;
215	providing for content of the study; requiring a report to
216	the Governor and the Legislature; providing ongoing
217	appropriations for fixed capital outlay projects for
218	arterial highway construction; providing an effective
219	date.
220
221	Be It Enacted by the Legislature of the State of Florida:
222
223	Section 1.  Subsection (14) of section 112.061, Florida
224	Statutes, is amended to read:
225	112.061  Per diem and travel expenses of public officers,
226	employees, and authorized persons.--
227	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
228	SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
229	(a)  Rates that exceed the maximum travel reimbursement
230	rates for nonstate travelers specified in paragraph (6)(a) for
231	per diem, in paragraph (6)(b) for subsistence, and in
232	subparagraph (7)(d)1. for mileage may be established by:
233	1.  The governing body of a county by the enactment of an
234	ordinance or resolution;
235	2.  A county constitutional officer, pursuant to s. 1(d),
236	Art. VIII of the State Constitution, by the establishment of
237	written policy;
238	3.  The governing body of a district school board by the
239	adoption of rules; or
240	4.  The governing body of a special district, as defined in
241	s. 189.403(1), except those special districts that are subject
242	to s. 166.021(10), by the enactment of a resolution; or
243	5.  Any metropolitan planning organization created pursuant
244	to s. 339.175, or any separate legal or administrative entity
245	created pursuant to s. 339.175 of which a metropolitan planning
246	organization is a member, by enactment of a resolution.
247	(b)  Rates established pursuant to paragraph (a) must apply
248	uniformly to all travel by the county, county constitutional
249	officer and entity governed by that officer, district school
250	board, or special district.
251	(c)  Except as otherwise provided in this subsection,
252	counties, county constitutional officers and entities governed
253	by those officers, district school boards, and special
254	districts, other than those subject to s. 166.021(10), remain
255	subject to the requirements of this section.
256	Section 2.  Paragraph (a) of subsection (42) and paragraph
257	(b) of subsection (52) of section 121.021, Florida Statutes, are
258	amended to read:
259	121.021  Definitions.--The following words and phrases as
260	used in this chapter have the respective meanings set forth
261	unless a different meaning is plainly required by the context:
262	(42)(a)  "Local agency employer" means the board of county
263	commissioners or other legislative governing body of a county,
264	however styled, including that of a consolidated or metropolitan
265	government; a clerk of the circuit court, sheriff, property
266	appraiser, tax collector, or supervisor of elections, provided
267	such officer is elected or has been appointed to fill a vacancy
268	in an elective office; a community college board of trustees or
269	district school board; or the governing body of any city,
270	metropolitan planning organization created pursuant to s.
271	339.175, or any separate legal or administrative entity created
272	pursuant to s. 339.175, or special district of the state which
273	participates in the system for the benefit of certain of its
274	employees.
275	(52)  "Regularly established position" is defined as
276	follows:
277	(b)  In a local agency (district school board, county
278	agency, community college, city, metropolitan planning
279	organization, or special district), the term means a regularly
280	established position which will be in existence for a period
281	beyond 6 consecutive months, except as provided by rule.
282	Section 3.  Paragraph (b) of subsection (2) of section
283	121.051, Florida Statutes, is amended to read:
284	121.051  Participation in the system.--
285	(2)  OPTIONAL PARTICIPATION.--
286	(b)1.  The governing body of any municipality, metropolitan
287	planning organization, or special district in the state may
288	elect to participate in the system upon proper application to
289	the administrator and may cover all or any of its units as
290	approved by the Secretary of Health and Human Services and the
291	administrator. The department shall adopt rules establishing
292	provisions for the submission of documents necessary for such
293	application. Prior to being approved for participation in the
294	Florida Retirement System, the governing body of any such
295	municipality, metropolitan planning organization, or special
296	district that has a local retirement system shall submit to the
297	administrator a certified financial statement showing the
298	condition of the local retirement system as of a date within 3
299	months prior to the proposed effective date of membership in the
300	Florida Retirement System. The statement must be certified by a
301	recognized accounting firm that is independent of the local
302	retirement system. All required documents necessary for
303	extending Florida Retirement System coverage must be received by
304	the department for consideration at least 15 days prior to the
305	proposed effective date of coverage. If the municipality,
306	metropolitan planning organization, or special district does not
307	comply with this requirement, the department may require that
308	the effective date of coverage be changed.
309	2.  Any city, metropolitan planning organization, or
310	special district that has an existing retirement system covering
311	the employees in the units that are to be brought under the
312	Florida Retirement System may participate only after holding a
313	referendum in which all employees in the affected units have the
314	right to participate. Only those employees electing coverage
315	under the Florida Retirement System by affirmative vote in said
316	referendum shall be eligible for coverage under this chapter,
317	and those not participating or electing not to be covered by the
318	Florida Retirement System shall remain in their present systems
319	and shall not be eligible for coverage under this chapter. After
320	the referendum is held, all future employees shall be compulsory
321	members of the Florida Retirement System.
322	3.  The governing body of any city, metropolitan planning
323	organization, or special district complying with subparagraph 1.
324	may elect to provide, or not provide, benefits based on past
325	service of officers and employees as described in s. 121.081(1).
326	However, if such employer elects to provide past service
327	benefits, such benefits must be provided for all officers and
328	employees of its covered group.
329	4.  Once this election is made and approved it may not be
330	revoked, except pursuant to subparagraphs 5. and 6., and all
331	present officers and employees electing coverage under this
332	chapter and all future officers and employees shall be
333	compulsory members of the Florida Retirement System.
334	5.  Subject to the conditions set forth in subparagraph 6.,
335	the governing body of any hospital licensed under chapter 395
336	which is governed by the board of a special district as defined
337	in s. 189.403(1) or by the board of trustees of a public health
338	trust created under s. 154.07, hereinafter referred to as
339	"hospital district," and which participates in the system, may
340	elect to cease participation in the system with regard to future
341	employees in accordance with the following procedure:
342	a.  No more than 30 days and at least 7 days before
343	adopting a resolution to partially withdraw from the Florida
344	Retirement System and establish an alternative retirement plan
345	for future employees, a public hearing must be held on the
346	proposed withdrawal and proposed alternative plan.
347	b.  From 7 to 15 days before such hearing, notice of intent
348	to withdraw, specifying the time and place of the hearing, must
349	be provided in writing to employees of the hospital district
350	proposing partial withdrawal and must be published in a
351	newspaper of general circulation in the area affected, as
352	provided by ss. 50.011-50.031. Proof of publication of such
353	notice shall be submitted to the Department of Management
354	Services.
355	c.  The governing body of any hospital district seeking to
356	partially withdraw from the system must, before such hearing,
357	have an actuarial report prepared and certified by an enrolled
358	actuary, as defined in s. 112.625(3), illustrating the cost to
359	the hospital district of providing, through the retirement plan
360	that the hospital district is to adopt, benefits for new
361	employees comparable to those provided under the Florida
362	Retirement System.
363	d.  Upon meeting all applicable requirements of this
364	subparagraph, and subject to the conditions set forth in
365	subparagraph 6., partial withdrawal from the system and adoption
366	of the alternative retirement plan may be accomplished by
367	resolution duly adopted by the hospital district board. The
368	hospital district board must provide written notice of such
369	withdrawal to the division by mailing a copy of the resolution
370	to the division, postmarked no later than December 15, 1995. The
371	withdrawal shall take effect January 1, 1996.
372	6.  Following the adoption of a resolution under sub-
373	subparagraph 5.d., all employees of the withdrawing hospital
374	district who were participants in the Florida Retirement System
375	prior to January 1, 1996, shall remain as participants in the
376	system for as long as they are employees of the hospital
377	district, and all rights, duties, and obligations between the
378	hospital district, the system, and the employees shall remain in
379	full force and effect. Any employee who is hired or appointed on
380	or after January 1, 1996, may not participate in the Florida
381	Retirement System, and the withdrawing hospital district shall
382	have no obligation to the system with respect to such employees.
383	Section 4.  Paragraph (l) is added to subsection (1) of
384	section 121.055, Florida Statutes, to read:
385	121.055  Senior Management Service Class.--There is hereby
386	established a separate class of membership within the Florida
387	Retirement System to be known as the "Senior Management Service
388	Class," which shall become effective February 1, 1987.
389	(1)
390	(l)  For each metropolitan planning organization that has
391	opted to become part of the Florida Retirement System,
392	participation in the Senior Management Service Class shall be
393	compulsory for the executive director or staff director of that
394	metropolitan planning organization or similar entity created
395	pursuant to s. 339.175.
396	Section 5.  Paragraphs (a) and (c) of subsection (2) of
397	section 121.061, Florida Statutes, are amended to read:
398	121.061  Funding.--
399	(2)(a)  Should any employer other than a state employer
400	fail to make the retirement and social security contributions,
401	both member and employer contributions, required by this
402	chapter, then, upon request by the administrator, the Department
403	of Revenue or the Department of Financial Services, as the case
404	may be, shall deduct the amount owed by the employer from any
405	funds to be distributed by it to the county, city, metropolitan
406	planning organization, special district, or consolidated form of
407	government. The amounts so deducted shall be transferred to the
408	administrator for further distribution to the trust funds in
409	accordance with this chapter.
410	(c)  The governing body of each county, city, metropolitan
411	planning organization, special district, or consolidated form of
412	government participating under this chapter or the
413	administrator, acting individually or jointly, is hereby
414	authorized to file and maintain an action in the courts of the
415	state to require any employer to remit any retirement or social
416	security member contributions or employer matching payments due
417	the retirement or social security trust funds under the
418	provisions of this chapter.
419	Section 6.  Paragraphs (a), (b), and (e) of subsection (1)
420	of section 121.081, Florida Statutes, are amended to read:
421	121.081  Past service; prior service;
422	contributions.--Conditions under which past service or prior
423	service may be claimed and credited are:
424	(1)(a)  Past service, as defined in s. 121.021(18), may be
425	claimed as creditable service by officers or employees of a
426	city, metropolitan planning organization, or special district
427	that become a covered group under this system. The governing
428	body of a covered group in compliance with s. 121.051(2)(b) may
429	elect to provide benefits with respect to past service earned
430	prior to January 1, 1975, in accordance with this chapter, and
431	the cost for such past service shall be established by applying
432	the following formula: The member contribution for both regular
433	and special risk members shall be 4 percent of the gross annual
434	salary for each year of past service claimed, plus 4-percent
435	employer matching contribution, plus 4 percent interest thereon
436	compounded annually, figured on each year of past service, with
437	interest compounded from date of annual salary earned until July
438	1, 1975, and 6.5 percent interest compounded annually thereafter
439	until date of payment. Once the total cost for a member has been
440	figured to date, then after July 1, 1975, 6.5 percent compounded
441	interest shall be added each June 30 thereafter on any unpaid
442	balance until the cost of such past service liability is paid in
443	full. The following formula shall be used in calculating past
444	service earned prior to January 1, 1975: (Annual gross salary
445	multiplied by 8 percent) multiplied by the 4 percent or 6.5
446	percent compound interest table factor, as may be applicable.
447	The resulting product equals cost to date for each particular
448	year of past service.
449	(b)  Past service earned after January 1, 1975, may be
450	claimed by officers or employees of a city, metropolitan
451	planning organization, or special district that becomes a
452	covered group under this system. The governing body of a covered
453	group may elect to provide benefits with respect to past service
454	earned after January 1, 1975, in accordance with this chapter,
455	and the cost for such past service shall be established by
456	applying the following formula: The employer shall contribute an
457	amount equal to the contribution rate in effect at the time the
458	service was earned, multiplied by the employee's gross salary
459	for each year of past service claimed, plus 6.5 percent interest
460	thereon, compounded annually, figured on each year of past
461	service, with interest compounded from date of annual salary
462	earned until date of payment.
463	(e)  Past service, as defined in s. 121.021(18), may be
464	claimed as creditable service by a member of the Florida
465	Retirement System who formerly was an officer or employee of a
466	city, metropolitan planning organization, or special district,
467	notwithstanding the status or form of the retirement system, if
468	any, of that city, metropolitan planning organization, or
469	special district and irrespective of whether officers or
470	employees of that city, metropolitan planning organization, or
471	special district now or hereafter become a covered group under
472	the Florida Retirement System. Such member may claim creditable
473	service and be entitled to the benefits accruing to the regular
474	class of members as provided for the past service claimed under
475	this paragraph by paying into the retirement trust fund an
476	amount equal to the total actuarial cost of providing the
477	additional benefit resulting from such past-service credit,
478	discounted by the applicable actuarial factors to date of
479	retirement.
480	Section 7.  Subsection (1) of section 316.605, Florida
481	Statutes, is amended to read:
482	316.605  Licensing of vehicles.--
483	(1)  Every vehicle, at all times while driven, stopped, or
484	parked upon any highways, roads, or streets of this state, shall
485	be licensed in the name of the owner thereof in accordance with
486	the laws of this state unless such vehicle is not required by
487	the laws of this state to be licensed in this state and shall,
488	except as otherwise provided in s. 320.0706 for front-end
489	registration license plates on truck tractors and s. 320.086(5)
490	which exempts display of license plates on described former
491	military vehicles, display the license plate or both of the
492	license plates assigned to it by the state, one on the rear and,
493	if two, the other on the front of the vehicle, each to be
494	securely fastened to the vehicle outside the main body of the
495	vehicle not higher than 60 inches and not lower than 12 inches
496	from the ground and in such manner as to prevent the plates from
497	swinging, and all letters, numerals, printing, writing, and
498	other identification marks upon the plates regarding the word
499	"Florida," the registration decal, and the alphanumeric
500	designation shall be clear and distinct and free from
501	defacement, mutilation, grease, and other obscuring matter, so
502	that they will be plainly visible and legible at all times 100
503	feet from the rear or front. Vehicle license plates shall be
504	affixed and displayed in such a manner that the letters and
505	numerals shall be read from left to right parallel to the
506	ground. No vehicle license plate may be displayed in an inverted
507	or reversed position or in such a manner that the letters and
508	numbers and their proper sequence are not readily identifiable.
509	Nothing shall be placed upon the face of a Florida plate except
510	as permitted by law or by rule or regulation of a governmental
511	agency. No license plates other than those furnished by the
512	state shall be used. However, if the vehicle is not required to
513	be licensed in this state, the license plates on such vehicle
514	issued by another state, by a territory, possession, or district
515	of the United States, or by a foreign country, substantially
516	complying with the provisions hereof, shall be considered as
517	complying with this chapter. A violation of this subsection is a
518	noncriminal traffic infraction, punishable as a nonmoving
519	violation as provided in chapter 318.
520	Section 8.  Paragraph (b) of subsection (3) of section
521	316.650, Florida Statutes, is amended to read:
522	316.650  Traffic citations.--
523	(3)
524	(b)  If a traffic citation is issued pursuant to s.
525	316.1001, a traffic enforcement officer may deposit the original
526	and one copy of such traffic citation or, in the case of a
527	traffic enforcement agency that has an automated citation
528	system, may provide an electronic facsimile with a court having
529	jurisdiction over the alleged offense or with its traffic
530	violations bureau within 45 days after the date of issuance of
531	the citation to the violator. If the person cited for the
532	violation of s. 316.1001 makes the election provided by s.
533	318.14(12) and pays the fine imposed by the toll authority plus
534	the amount of the unpaid toll that is shown on the traffic
535	citation directly to the governmental entity that issued the
536	citation in accordance with s. 318.14(12), the traffic citation
537	will not be submitted to the court, the disposition will be
538	reported to the department by the governmental entity that
539	issued the citation, and no points will be assessed against the
540	person's driver's license.
541	Section 9.  Subsection (12) of section 318.14, Florida
542	Statutes, is amended to read:
543	318.14  Noncriminal traffic infractions; exception;
544	procedures.--
545	(12)  Any person cited for a violation of s. 316.1001 may,
546	in lieu of making an election as set forth in subsection (4) or
547	s. 318.18(7), elect to pay a his or her fine of $25, or such
548	other amount as imposed by the toll authority, plus the amount
549	of the unpaid toll that is shown on the traffic citation
550	directly to the governmental entity that issued the citation,
551	within 30 days after the date of issuance of the citation. Any
552	person cited for a violation of s. 316.1001 who does not elect
553	to pay the fine imposed by the toll authority plus the amount of
554	the unpaid toll that is shown on the traffic citation directly
555	to the governmental entity that issued the citation as described
556	in this subsection section shall have an additional 45 days
557	after the date of the issuance of the citation in which to
558	request a court hearing or to pay the civil penalty and
559	delinquent fee, if applicable, as provided in s. 318.18(7),
560	either by mail or in person, in accordance with subsection (4).
561	Section 10.  Subsection (7) of section 318.18, Florida
562	Statutes, is amended to read:
563	318.18  Amount of civil penalties.--The penalties required
564	for a noncriminal disposition pursuant to s. 318.14 are as
565	follows:
566	(7)  Mandatory $150 plus the amount of the unpaid toll
567	shown on the traffic citation for each citation issued One
568	hundred dollars for a violation of s. 316.1001. The clerk of the
569	court shall forward $50 of the $150 fine received plus the
570	amount of the unpaid toll that is shown on the citation to the
571	governmental entity that issued the citation. If adjudication is
572	withheld or there is a plea arrangement prior to a hearing,
573	there shall be a minimum mandatory cost assessed per citation of
574	$100 plus the amount of the unpaid toll for each citation
575	issued. The clerk of the court shall forward $50 of the $100
576	plus the amount of the unpaid toll as shown on the citation to
577	the governmental entity that issued the citation. The court
578	shall have specific authority to consolidate issued citations
579	for the same defendant for the purpose of sentencing and
580	aggregate jurisdiction. In addition, the department shall
581	suspend for 60 days the driver's license of a person who is
582	convicted of 10 violations of s. 316.1001 within a 36-month
583	period. However, a person may elect to pay $30 to the clerk of
584	the court, in which case adjudication is withheld, and no points
585	are assessed under s. 322.27. Upon receipt of the fine, the
586	clerk of the court must retain $5 for administrative purposes
587	and must forward the $25 to the governmental entity that issued
588	the citation. Any funds received by a governmental entity for
589	this violation may be used for any lawful purpose related to the
590	operation or maintenance of a toll facility.
591	Section 11.  Section 320.061, Florida Statutes, is amended
592	to read:
593	320.061  Unlawful to alter motor vehicle registration
594	certificates, license plates, mobile home stickers, or
595	validation stickers or to obscure license plates; penalty.--
596	(1)  No person shall alter the original appearance of any
597	registration license plate, mobile home sticker, validation
598	sticker, or vehicle registration certificate issued for and
599	assigned to any motor vehicle or mobile home, whether by
600	mutilation, alteration, defacement, or change of color or in any
601	other manner. Any person who violates the provisions of this
602	subsection commits section is guilty of a misdemeanor of the
603	second degree, punishable as provided in s. 775.082 or s.
604	775.083.
605	(2)(a)  No person shall apply or attach any substance,
606	reflective matter, illuminated device, spray, coating, covering,
607	or other material onto or around any license plate that
608	interferes with the legibility, angular visibility, or
609	detectability of any feature or detail on the license plate or
610	interferes with the ability to photograph or otherwise record
611	any feature or detail on the license plate. The advertising,
612	sale, distribution, purchase, or use of any product made for the
613	purpose of interfering with the legibility, angular visibility,
614	or detectability of any feature or detail on a license plate or
615	interfering with the ability to photograph or otherwise record
616	any feature or detail on a license plate is prohibited. Any
617	person who violates this paragraph commits a misdemeanor of the
618	second degree, punishable as provided in s. 775.082 or s.
619	775.083.
620	(b)  If a state or local law enforcement officer having
621	jurisdiction observes that a cover or other device is
622	obstructing the visibility or electronic image recording of a
623	license plate, the officer shall issue a uniform traffic
624	citation and shall confiscate the cover or other device that
625	obstructs the visibility or electronic image recording of the
626	plate. If a state or local law enforcement officer having
627	jurisdiction observes that a license plate has been physically
628	treated with a substance, reflective matter, spray, coating, or
629	other material that is obstructing the visibility or electronic
630	image recording of the plate, the officer shall issue a uniform
631	traffic citation and shall confiscate the plate. The department
632	shall revoke the registration of any plate that has been found
633	by a court to have been physically altered with any chemical or
634	reflective substance or coating that obstructs the visibility or
635	electronic image recording of the plate.
636	(c)  The Attorney General may file suit against any
637	individual or entity offering or marketing the sale of,
638	including via the Internet, any product advertised as having the
639	capacity to obstruct the visibility or electronic image
640	recording of a license plate. In addition to injunctive and
641	monetary relief, punitive damages, and attorney's fees, the suit
642	shall also seek a full accounting of the records of all sales to
643	residents of or entities within this state.
644	Section 12.  Section 336.044, Florida Statutes, is
645	renumbered as section 334.70, Florida Statutes, and amended to
646	read:
647	334.70 336.044  Use of recyclable materials in
648	construction.--
649	(1)  It is the intent of the Legislature that the
650	Department of Transportation continue to expand its current use
651	of recovered materials in its construction programs.
652	(2)  The Legislature declares it to be in the public
653	interest to find alternative ways to use certain recyclable
654	materials that currently are part of the solid waste stream and
655	that contribute to problems of declining space in landfills. To
656	determine the feasibility of using certain recyclable materials
657	for paving materials, the department may undertake demonstration
658	projects using the following materials in road construction:
659	(a)  Ground rubber from automobile tires in road
660	resurfacing or subbase materials for roads.;
661	(b)  Ash residue from coal combustion byproducts for
662	concrete and ash residue from waste incineration facilities and
663	oil combustion byproducts for subbase material.;
664	(c)  Recycled mixed-plastic material for guardrail posts or
665	right-of-way fence posts.;
666	(d)  Construction steel, including reinforcing rods and I-
667	beams, manufactured from scrap metals disposed of in the state.;
668	and
669	(e)  Glass, and glass aggregates.
670	(f)  Gypsum.
671	(3)  The department shall review and revise existing bid
672	procedures and specifications for the purchase or use of
673	products and materials to eliminate any procedures and
674	specifications that explicitly discriminate against products and
675	materials with recycled content, except where such procedures
676	and specifications are necessary to protect the health, safety,
677	and welfare of the people of this state.
678	(4)  The department shall review and revise its bid
679	procedures and specifications on a continuing basis to encourage
680	the use of products and materials with recycled content and
681	shall, in developing new procedures and specifications,
682	encourage the use of products and materials with recycled
683	content.
684	(5)  All agencies shall cooperate with the department in
685	carrying out the provisions of this section.
686	Section 13.  Subsection (3) is added to section 338.161,
687	Florida Statutes, to read:
688	338.161  Authority of department to advertise and promote
689	electronic toll collection.--
690	(3)  The department or any toll agency created by statute
691	is authorized to incur expenses and advertise or promote
692	electronic toll collection through agreements with any private
693	or public entity that provides for additional uses of its
694	electronic toll collection products and services on or off the
695	turnpike or toll system, provided that the department or toll
696	agency has determined it can increase nontoll revenues or add
697	convenience or other value for its customers.
698	Section 14.  Paragraph (b) of subsection (3) of section
699	338.2216, Florida Statutes, is amended to read:
700	338.2216  Florida Turnpike Enterprise; powers and
701	authority.--
702	(3)
703	(b)  Notwithstanding the provisions of s. 216.301 to the
704	contrary and in accordance with s. 216.351, the Executive Office
705	of the Governor shall, on July 1 of each year, certify forward
706	all unexpended funds appropriated or provided pursuant to this
707	section for the turnpike enterprise. Of the unexpended funds
708	certified forward, any unencumbered amounts shall be carried
709	forward. Such funds carried forward shall not exceed 5 percent
710	of the total operating budget of the turnpike enterprise. Funds
711	carried forward pursuant to this section may be used for any
712	lawful purpose, including, but not limited to, promotional and
713	market activities, technology, and training. Any certified
714	forward funds remaining undisbursed on September 30 December 31
715	of each year shall be carried forward.
716	Section 15.  Subsection (1) of section 338.2275, Florida
717	Statutes, is amended to read:
718	338.2275  Approved turnpike projects.--
719	(1)  Legislative approval of the department's tentative
720	work program that contains the turnpike project constitutes
721	approval to issue bonds as required by s. 11(f), Art. VII of the
722	State Constitution. No more than $6 billion of bonds may be
723	outstanding to fund approved turnpike projects. Turnpike
724	projects approved to be included in future tentative work
725	programs include, but are not limited to, projects contained in
726	the 2003-2004 tentative work program. A maximum of $4.5 billion
727	of bonds may be issued to fund approved turnpike projects.
728	Section 16.  Paragraphs (e) and (f) are added to subsection
729	(1) of section 339.175, Florida Statutes, and paragraphs (a) and
730	(b) of subsection (2), paragraphs (a) and (b) of subsection (3),
731	and subsections (5) and (12) of that section are amended, to
732	read:
733	339.175  Metropolitan planning organization.--It is the
734	intent of the Legislature to encourage and promote the safe and
735	efficient management, operation, and development of surface
736	transportation systems that will serve the mobility needs of
737	people and freight within and through urbanized areas of this
738	state while minimizing transportation-related fuel consumption
739	and air pollution. To accomplish these objectives, metropolitan
740	planning organizations, referred to in this section as M.P.O.'s,
741	shall develop, in cooperation with the state and public transit
742	operators, transportation plans and programs for metropolitan
743	areas. The plans and programs for each metropolitan area must
744	provide for the development and integrated management and
745	operation of transportation systems and facilities, including
746	pedestrian walkways and bicycle transportation facilities that
747	will function as an intermodal transportation system for the
748	metropolitan area, based upon the prevailing principles provided
749	in s. 334.046(1). The process for developing such plans and
750	programs shall provide for consideration of all modes of
751	transportation and shall be continuing, cooperative, and
752	comprehensive, to the degree appropriate, based on the
753	complexity of the transportation problems to be addressed. To
754	ensure that the process is integrated with the statewide
755	planning process, M.P.O.'s shall develop plans and programs that
756	identify transportation facilities that should function as an
757	integrated metropolitan transportation system, giving emphasis
758	to facilities that serve important national, state, and regional
759	transportation functions. For the purposes of this section,
760	those facilities include the facilities on the Strategic
761	Intermodal System designated under s. 339.63 and facilities for
762	which projects have been identified pursuant to s. 339.2819(4).
763	(1)  DESIGNATION.--
764	(e)  An M.P.O. is a public body corporate and politic. The
765	members of the governing body shall be the members of the
766	agency, but such members constitute the head of a legal entity
767	separate, distinct, and independent from the governing body of
768	any county, municipality, or other entity that is an entity
769	represented on the M.P.O. or a signatory to the interlocal
770	agreement creating the M.P.O. Upon execution of a new interlocal
771	agreement by the governmental entities constituting the M.P.O.
772	after redesignation or reapportionment, the new M.P.O. is
773	subject to all of the responsibilities and liabilities imposed
774	or incurred by the existing agency.
775	(f)  The governing body of the M.P.O. shall designate, at
776	minimum, a chair, vice chair, and agency clerk. The chair and
777	vice chair shall be selected from among the members of the
778	governing board. The agency clerk shall be a member of the
779	governing board, an employee of the M.P.O., or another natural
780	person and shall be charged with the responsibility of preparing
781	meeting minutes and maintaining agency records.
782
783	Each M.P.O. required under this section must be fully operative
784	no later than 6 months following its designation.
785	(2)  VOTING MEMBERSHIP.--
786	(a)  The voting membership of an M.P.O. shall consist of
787	not fewer than 5 or more than 19 apportioned members, the exact
788	number to be determined on an equitable geographic-population
789	ratio basis by the Governor, based on an agreement among the
790	affected units of general-purpose local government as required
791	by federal rules and regulations. The Governor, in accordance
792	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
793	represent municipalities to alternate with representatives from
794	other municipalities within the metropolitan planning area that
795	do not have members on the M.P.O. County commission members
796	shall compose not less than one-third of the M.P.O. membership,
797	except for an M.P.O. with more than 15 members located in a
798	county with a 5-member five-member county commission or an
799	M.P.O. with 19 members located in a county with no more than 6
800	county commissioners, in which case county commission members
801	may compose less than one-third percent of the M.P.O.
802	membership, but all county commissioners must be members. All
803	voting members shall be elected officials of general-purpose
804	local governments, except that an M.P.O. may include, as part of
805	its apportioned voting members, a member of a statutorily
806	authorized planning board, an official of an agency that
807	operates or administers a major mode of transportation, or an
808	official of the Florida Space Authority. As used in this
809	section, elected officials of a general-purpose local government
810	shall exclude constitutional or charter officers, including
811	sheriffs, tax collectors, supervisors of elections, property
812	appraisers, clerks of the court, and similar types of officials.
813	County commissioners The county commission shall compose not
814	less than 20 percent of the M.P.O. membership if an official of
815	an agency that operates or administers a major mode of
816	transportation has been appointed to an M.P.O.
817	(b)  In metropolitan areas in which authorities or other
818	agencies have been or may be created by law to perform
819	transportation functions and are performing transportation
820	functions that are not under the jurisdiction of a general-
821	purpose general purpose local government represented on the
822	M.P.O., they shall be provided voting membership on the M.P.O.
823	In all other M.P.O.'s where transportation authorities or
824	agencies are to be represented by elected officials from
825	general-purpose general purpose local governments, the M.P.O.
826	shall establish a process by which the collective interests of
827	such authorities or other agencies are expressed and conveyed.
828	(3)  APPORTIONMENT.--
829	(a)  The Governor shall, with the agreement of the affected
830	units of general-purpose local government as required by federal
831	rules and regulations, apportion the membership on the
832	applicable M.P.O. among the various governmental entities within
833	the area. At the request of a majority of the affected units of
834	general-purpose local government comprising an M.P.O., the
835	Governor and a majority of units of general-purpose local
836	governments serving on an M.P.O. and shall cooperatively agree
837	upon and prescribe who may serve as an alternate member and a
838	method for appointing alternate members who may vote at any
839	M.P.O. meeting that an alternate member attends in place of a
840	regular member. The methodology shall be set forth as a part of
841	the interlocal agreement describing the M.P.O.'s membership or
842	in the M.P.O.'s operating procedures and bylaws. An appointed
843	alternate member must be an elected official serving the same
844	governmental entity or a general-purpose local government with
845	jurisdiction within all or part of the area that the regular
846	member serves. The governmental entity so designated shall
847	appoint the appropriate number of members to the M.P.O. from
848	eligible officials. Representatives of the department shall
849	serve as nonvoting members of the M.P.O. governing board.
850	Nonvoting advisers may be appointed by the M.P.O. as deemed
851	necessary; however, to the maximum extent feasible, each M.P.O.
852	shall seek to appoint nonvoting representatives of various
853	multimodal forms of transportation not otherwise represented by
854	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
855	advisers representing major military installations upon the
856	request of the major military installations and subject to the
857	agreement of the M.P.O. All nonvoting advisers may attend and
858	participate fully in governing board meetings but shall not vote
859	and shall not be members of the governing board. The Governor
860	shall review the composition of the M.P.O. membership in
861	conjunction with the decennial census as prepared by the United
862	States Department of Commerce, Bureau of the Census, and
863	reapportion it as necessary to comply with subsection (2).
864	(b)  Except for members who represent municipalities on the
865	basis of alternating with representatives from other
866	municipalities that do not have members on the M.P.O. as
867	provided in paragraph (2)(a), the members of an M.P.O. shall
868	serve 4-year terms. Members who represent municipalities on the
869	basis of alternating with representatives from other
870	municipalities that do not have members on the M.P.O. as
871	provided in paragraph (2)(a) may serve terms of up to 4 years as
872	further provided in the interlocal agreement described in
873	paragraph (1)(b). The membership of a member who is a public
874	official automatically terminates upon the member's leaving his
875	or her elective or appointive office for any reason, or may be
876	terminated by a majority vote of the total membership of the
877	entity's governing board a county or city governing entity
878	represented by the member. A vacancy shall be filled by the
879	original appointing entity. A member may be reappointed for one
880	or more additional 4-year terms.
881	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
882	privileges, and authority of an M.P.O. are those specified in
883	this section or incorporated in an interlocal agreement
884	authorized under s. 163.01. Each M.P.O. shall perform all acts
885	required by federal or state laws or rules, now and subsequently
886	applicable, which are necessary to qualify for federal aid. It
887	is the intent of this section that each M.P.O. shall be involved
888	in the planning and programming of transportation facilities,
889	including, but not limited to, airports, intercity and high-
890	speed rail lines, seaports, and intermodal facilities, to the
891	extent permitted by state or federal law.
892	(a)  Each M.P.O. shall, in cooperation with the department,
893	develop:
894	1.  A long-range transportation plan pursuant to the
895	requirements of subsection (6);
896	2.  An annually updated transportation improvement program
897	pursuant to the requirements of subsection (7); and
898	3.  An annual unified planning work program pursuant to the
899	requirements of subsection (8).
900	(b)  In developing the long-range transportation plan and
901	the transportation improvement program required under paragraph
902	(a), each M.P.O. shall provide for consideration of projects and
903	strategies that will:
904	1.  Support the economic vitality of the metropolitan area,
905	especially by enabling global competitiveness, productivity, and
906	efficiency;
907	2.  Increase the safety and security of the transportation
908	system for motorized and nonmotorized users;
909	3.  Increase the accessibility and mobility options
910	available to people and for freight;
911	4.  Protect and enhance the environment, promote energy
912	conservation, and improve quality of life;
913	5.  Enhance the integration and connectivity of the
914	transportation system, across and between modes, for people and
915	freight;
916	6.  Promote efficient system management and operation; and
917	7.  Emphasize the preservation of the existing
918	transportation system.
919	(c)  In order to provide recommendations to the department
920	and local governmental entities regarding transportation plans
921	and programs, each M.P.O. shall:
922	1.  Prepare a congestion management system for the
923	metropolitan area and cooperate with the department in the
924	development of all other transportation management systems
925	required by state or federal law;
926	2.  Assist the department in mapping transportation
927	planning boundaries required by state or federal law;
928	3.  Assist the department in performing its duties relating
929	to access management, functional classification of roads, and
930	data collection;
931	4.  Execute all agreements or certifications necessary to
932	comply with applicable state or federal law;
933	5.  Represent all the jurisdictional areas within the
934	metropolitan area in the formulation of transportation plans and
935	programs required by this section; and
936	6.  Perform all other duties required by state or federal
937	law.
938	(d)  Each M.P.O. shall appoint a technical advisory
939	committee that includes planners; engineers; representatives of
940	local aviation authorities, port authorities, and public transit
941	authorities or representatives of aviation departments, seaport
942	departments, and public transit departments of municipal or
943	county governments, as applicable; the school superintendent of
944	each county within the jurisdiction of the M.P.O. or the
945	superintendent's designee; and other appropriate representatives
946	of affected local governments. In addition to any other duties
947	assigned to it by the M.P.O. or by state or federal law, the
948	technical advisory committee is responsible for considering safe
949	access to schools in its review of transportation project
950	priorities, long-range transportation plans, and transportation
951	improvement programs, and shall advise the M.P.O. on such
952	matters. In addition, the technical advisory committee shall
953	coordinate its actions with local school boards and other local
954	programs and organizations within the metropolitan area which
955	participate in school safety activities, such as locally
956	established community traffic safety teams. Local school boards
957	must provide the appropriate M.P.O. with information concerning
958	future school sites and in the coordination of transportation
959	service.
960	(e)1.  Each M.P.O. shall appoint a citizens' advisory
961	committee, the members of which serve at the pleasure of the
962	M.P.O. The membership on the citizens' advisory committee must
963	reflect a broad cross section of local residents with an
964	interest in the development of an efficient, safe, and cost-
965	effective transportation system. Minorities, the elderly, and
966	the handicapped must be adequately represented.
967	2.  Notwithstanding the provisions of subparagraph 1., an
968	M.P.O. may, with the approval of the department and the
969	applicable federal governmental agency, adopt an alternative
970	program or mechanism to ensure citizen involvement in the
971	transportation planning process.
972	(f)  The department shall allocate to each M.P.O., for the
973	purpose of accomplishing its transportation planning and
974	programming duties, an appropriate amount of federal
975	transportation planning funds.
976	(g)  Each M.P.O. shall have an executive or staff director,
977	who reports directly to the M.P.O. governing board for all
978	matters regarding the administration and operation of the
979	M.P.O., and any additional personnel as deemed necessary. The
980	executive director and any additional personnel may be employed
981	either by an M.P.O. or by another governmental entity, such as a
982	county, city, or regional planning council, that has a signed
983	staff services agreement in effect with the M.P.O. In addition,
984	an M.P.O. may employ personnel or may enter into contracts with
985	local or state governmental agencies, private planning or
986	engineering firms, or other private engineering firms to
987	accomplish its transportation planning and programming duties
988	and administrative functions required by state or federal law.
989	(h)  Each M.P.O. shall provide training opportunities for
990	local elected officials and others who serve on an M.P.O. in
991	order to enhance their knowledge, effectiveness, and
992	participation in the urbanized area transportation planning
993	process. The training opportunities may be conducted by an
994	individual M.P.O. or through statewide and federal training
995	programs and initiatives that are specifically designed to meet
996	the needs of M.P.O. board members.
997	(i)  In addition to the powers set forth in this section,
998	M.P.O.'s shall have the powers set forth in this paragraph. The
999	enumeration of the following powers is not intended to be an
1000	exhaustive list of all M.P.O. powers:
1001	1.  To grant, sell, hold, donate, dedicate, or lease or
1002	otherwise convey title, easements, or use rights in real
1003	property, including tax-reverted real property, title to which
1004	is in such public agency or separate legal entity, to any other
1005	public agency or separate legal entity created under interlocal
1006	agreement. Real property and interests in real property granted
1007	or conveyed to an M.P.O. shall be for a public purpose that may
1008	not necessarily be contemplated in the interlocal agreement.
1009	2.  To appropriate funds and sell, give, or otherwise
1010	supply personnel, services, facilities, property, franchises, or
1011	funds thereof to any party designated to operate the joint or
1012	cooperative undertaking.
1013	3.  To receive grants-in-aid or other assistance funds from
1014	the Federal Government or this state for use in carrying out
1015	transportation-related purposes.
1016	4.  To have all of the privileges and immunities from
1017	liability as set forth in the State Constitution, s. 768.28, and
1018	otherwise and to have exemptions from laws, ordinances, and
1019	rules applicable to public agencies of the state. An M.P.O.
1020	shall ascertain whether, as a separate and distinct body politic
1021	and corporate entity, it should purchase separate public
1022	liability or workers' compensation insurance.
1023	5.  To have and provide pensions and relief, disability
1024	benefits, workers' compensation, employee salary compensation
1025	and reimbursement, and other benefits which apply to the
1026	activity of its officers or employees when performing their
1027	respective functions.
1028	6.  To employ agencies or employees.
1029	7.  To acquire, construct, manage, maintain, or operate
1030	buildings, works, or improvements.
1031	8.  To incur debts, liabilities, or obligations that do not
1032	constitute the debts, liabilities, or obligations of any of the
1033	parties to the agreement unless specifically and in writing
1034	assumed by any of the parties to the interlocal agreement
1035	creating the M.P.O.
1036	9.  To appoint a legal counsel or legal staff of its
1037	choice. If the legal counsel is also an attorney for an entity
1038	that is a member of the M.P.O., both the M.P.O. governing board
1039	and the member entity's governing body shall waive any potential
1040	for ethical conflict.
1041	10.  In addition to its other powers as set forth in this
1042	section and in s. 163.01, to have such powers as are provided
1043	for under federal law or federal administrative rules.
1044	(j)(h)  A chair's coordinating committee is created,
1045	composed of the M.P.O.'s serving Hernando, Hillsborough,
1046	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
1047	committee must, at a minimum:
1048	1.  Coordinate transportation projects deemed to be
1049	regionally significant by the committee.
1050	2.  Review the impact of regionally significant land use
1051	decisions on the region.
1052	3.  Review all proposed regionally significant
1053	transportation projects in the respective transportation
1054	improvement programs which affect more than one of the M.P.O.'s
1055	represented on the committee.
1056	4.  Institute a conflict resolution process to address any
1057	conflict that may arise in the planning and programming of such
1058	regionally significant projects.
1059	(k)(i)1.  The Legislature finds that the state's rapid
1060	growth in recent decades has caused many urbanized areas subject
1061	to M.P.O. jurisdiction to become contiguous to each other. As a
1062	result, various transportation projects may cross from the
1063	jurisdiction of one M.P.O. into the jurisdiction of another
1064	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
1065	have been mandated, M.P.O.'s shall develop coordination
1066	mechanisms with one another to expand and improve transportation
1067	within the state. The appropriate method of coordination between
1068	M.P.O.'s shall vary depending upon the project involved and
1069	given local and regional needs. Consequently, it is appropriate
1070	to set forth a flexible methodology that can be used by M.P.O.'s
1071	to coordinate with other M.P.O.'s and appropriate political
1072	subdivisions as circumstances demand.
1073	2.  Any M.P.O. may join with any other M.P.O. or any
1074	individual political subdivision to coordinate activities or to
1075	achieve any federal or state transportation planning or
1076	development goals or purposes consistent with federal or state
1077	law. When an M.P.O. determines that it is appropriate to join
1078	with another M.P.O. or any political subdivision to coordinate
1079	activities, the M.P.O. or political subdivision shall enter into
1080	an interlocal agreement pursuant to s. 163.01, which, at a
1081	minimum, creates a separate legal or administrative entity to
1082	coordinate the transportation planning or development activities
1083	required to achieve the goal or purpose; provides provide the
1084	purpose for which the entity is created; provides provide the
1085	duration of the agreement and the entity, and specifies specify
1086	how the agreement may be terminated, modified, or rescinded;
1087	describes describe the precise organization of the entity,
1088	including who has voting rights on the governing board, whether
1089	alternative voting members are provided for, how voting members
1090	are appointed, and what the relative voting strength is for each
1091	constituent M.P.O. or political subdivision; provides provide
1092	the manner in which the parties to the agreement will provide
1093	for the financial support of the entity and payment of costs and
1094	expenses of the entity; provides provide the manner in which
1095	funds may be paid to and disbursed from the entity; and provides
1096	provide how members of the entity will resolve disagreements
1097	regarding interpretation of the interlocal agreement or disputes
1098	relating to the operation of the entity. Such interlocal
1099	agreement shall become effective upon its recordation in the
1100	official public records of each county in which a member of the
1101	entity created by the interlocal agreement has a voting member.
1102	This paragraph does not require any M.P.O.'s to merge, combine,
1103	or otherwise join together as a single M.P.O.
1104	3.  Each M.P.O. located within an urbanized area consisting
1105	of more than one M.P.O., or located in an urbanized area that is
1106	immediately adjacent to an M.P.O. serving a different urbanized
1107	area, shall coordinate with other M.P.O.'s in the urbanized area
1108	or the contiguous and adjacent M.P.O.'s to develop a report
1109	demonstrating how a coordinated transportation planning process
1110	is being developed and the results of the coordinated planning
1111	process. The report should include the progress on implementing
1112	a coordinated long-range transportation plan covering the
1113	combined metropolitan planning area that serves as the basis for
1114	the transportation improvement program of each M.P.O., separate
1115	and coordinated long-range transportation plans for the affected
1116	M.P.O.'s, a coordinated priority process for regional projects,
1117	and a regional public involvement process. The report shall be
1118	submitted to members of the M.P.O.'s local legislative
1119	delegation by no later than February of each even-numbered year
1120	and may be submitted as a joint report by two or more M.P.O.'s
1121	or separate coordinated reports by individual M.P.O.'s.
1122	(12)  VOTING REQUIREMENTS.--Each long-range transportation
1123	plan required pursuant to subsection (6), each annually updated
1124	Transportation Improvement Program required under subsection
1125	(7), and each amendment that affects projects in the first 3
1126	years of such plans and programs must be approved by each M.P.O.
1127	on a supermajority recorded roll call vote or hand-counted vote
1128	of a majority plus one of the membership present.
1129	Section 17.  Paragraph (h) of subsection (2) of section
1130	20.23, Florida Statutes, is amended to read:
1131	20.23  Department of Transportation.--There is created a
1132	Department of Transportation which shall be a decentralized
1133	agency.
1134	(2)
1135	(h)  The commission shall appoint an executive director and
1136	assistant executive director, who shall serve under the
1137	direction, supervision, and control of the commission. The
1138	executive director, with the consent of the commission, shall
1139	employ such staff as are necessary to perform adequately the
1140	functions of the commission, within budgetary limitations. All
1141	employees of the commission are exempt from part II of chapter
1142	110 and shall serve at the pleasure of the commission. The
1143	salaries and benefits of all employees of the commission, except
1144	for the executive director, shall be set in accordance with the
1145	Selected Exempt Service; provided, however, that the salary and
1146	benefits of the executive director shall be set in accordance
1147	with the Senior Management Service. The commission shall have
1148	complete authority for fixing the salary of the executive
1149	director and assistant executive director.
1150	Section 18.  Paragraph (c) of subsection (6) of section
1151	332.007, Florida Statutes, is amended to read:
1152	332.007  Administration and financing of aviation and
1153	airport programs and projects; state plan.--
1154	(6)  Subject to the availability of appropriated funds, the
1155	department may participate in the capital cost of eligible
1156	public airport and aviation development projects in accordance
1157	with the following rates, unless otherwise provided in the
1158	General Appropriations Act or the substantive bill implementing
1159	the General Appropriations Act:
1160	(c)  When federal funds are not available, the department
1161	may fund up to 80 percent of master planning and eligible
1162	aviation development projects at publicly owned, publicly
1163	operated airports. If federal funds are available but
1164	insufficient to meet the maximum authorized federal share, the
1165	department may fund up to 80 percent of the nonfederal share of
1166	such projects. Such funding is limited to airports that have no
1167	scheduled commercial service.
1168	Section 19.  Part X of chapter 348, Florida Statutes, is
1169	redesignated as part XI, and a new part X, consisting of
1170	sections 348.9801, 348.9802, 348.9803, 348.9804, 348.9805,
1171	348.9806, 348.9807, 348.9808, 348.9809, 348.9811, 348.9812,
1172	348.9813, 348.9814, 348.9815, 348.9816, and 348.9817, is added
1173	to that chapter to read:
1174	PART X
1175	Osceola County Expressway Authority
1176	348.9801  Short title.--This part may be cited as the
1177	"Osceola County Expressway Authority Law."
1178	348.9802  Definitions.--The following terms, whenever used
1179	or referred to in this part, shall have the following meanings,
1180	except in those instances where the context clearly indicates
1181	otherwise:
1182	(1)  "Agency of the state" means and includes the state and
1183	any department of, or corporation, agency, or instrumentality
1184	heretofore or hereafter created, designated, or established by,
1185	the state.
1186	(2)  "Authority" means the body politic and corporate and
1187	agency of the state created by this part.
1188	(3)  "Bonds" means and includes the notes, bonds, refunding
1189	bonds, or other evidences of indebtedness or obligations, in
1190	either temporary or definitive form, which the authority is
1191	authorized to issue pursuant to this part.
1192	(4)  "County" means Osceola County.
1193	(5)  "Department" means the Department of Transportation.
1194	(6)  "Expressway" is the same as limited access expressway.
1195	(7)  "Federal agency" means and includes the United States,
1196	the President of the United States, and any department of or
1197	corporation, agency, or instrumentality heretofore or hereafter
1198	created, designated, or established by the United States.
1199	(8)  "Lease-purchase agreement" means the lease-purchase
1200	agreements which the authority is authorized pursuant to this
1201	part to enter into with the department.
1202	(9)  "Limited access expressway" means a street or highway
1203	especially designed for through traffic and over, from, or to
1204	which no person shall have the right of easement, use, or access
1205	except in accordance with the rules and regulations promulgated
1206	and established by the authority for the use of such facility.
1207	Such highways or streets may be parkways from which trucks,
1208	buses, and other commercial vehicles shall be excluded or they
1209	may be freeways open to use by all customary forms of street and
1210	highway traffic.
1211	(10)  "Members" means the governing body of the authority,
1212	and the term "member" means one of the individuals constituting
1213	such governing body.
1214	(11)  "Osceola County gasoline tax funds" means all of the
1215	80-percent surplus gasoline tax funds accruing in each year to
1216	the department for use in Osceola County under the provisions of
1217	s. 9, Art. XII of the State Constitution after deduction only of
1218	any amounts of said gasoline tax funds heretofore pledged by the
1219	department or the county for outstanding obligations.
1220	(12)  "Osceola County Expressway System" means any and all
1221	expressways and appurtenant facilities thereto, including, but
1222	not limited to, all approaches, roads, bridges, and avenues of
1223	access for said expressways that are either built by the
1224	authority or whose ownership is transferred to the authority by
1225	other governmental or private entities.
1226	(13)  "State Board of Administration" means the body
1227	corporate existing under the provisions of s. 9, Art. XII of the
1228	State Constitution or any successor thereto.
1229	348.9803  Osceola County Expressway Authority.--
1230	(1)  There is hereby created and established a body politic
1231	and corporate, an agency of the state, to be known as the
1232	Osceola County Expressway Authority, hereinafter referred to as
1233	"authority."
1234	(2)(a)  The governing body of the authority shall consist
1235	of six members. Three members shall be citizens of Osceola
1236	County, who shall be appointed by the governing body of the
1237	county. Two members shall be citizens of Osceola County
1238	appointed by the Governor. The term of each appointed member
1239	shall be for 4 years. However, the members appointed by the
1240	Governor for the first time shall serve a term of 2 years. Each
1241	appointed member shall hold office until his or her successor
1242	has been appointed and has qualified. A vacancy occurring during
1243	a term shall be filled only for the balance of the unexpired
1244	term. Each appointed member of the authority shall be a person
1245	of outstanding reputation for integrity, responsibility, and
1246	business ability, but no person who is an officer or employee of
1247	any city or of Osceola County in any other capacity shall be an
1248	appointed member of the authority. A member of the authority
1249	shall be eligible for reappointment.
1250	(b)  Members of the authority may be removed from office by
1251	the Governor for misconduct, malfeasance, or nonfeasance in
1252	office.
1253	(c)  The district secretary of the department serving in
1254	the district that includes Osceola County shall serve as an ex
1255	officio, nonvoting member.
1256	(3)(a)  The authority shall elect one of its members as
1257	chair of the authority. The authority shall also elect a
1258	secretary and a treasurer who may or may not be members of the
1259	authority. The chair, secretary, and treasurer shall hold such
1260	offices at the will of the authority.
1261	(b)  Four members of the authority shall constitute a
1262	quorum, and the vote of three members shall be necessary for any
1263	action taken by the authority. No vacancy in the authority shall
1264	impair the right of a quorum of the authority to exercise all of
1265	the rights and perform all of the duties of the authority.
1266	(4)(a)  The authority may employ an executive secretary, an
1267	executive director, its own counsel and legal staff, technical
1268	experts, such engineers, and such employees, permanent or
1269	temporary, as it may require; may determine the qualifications
1270	and fix the compensation of such persons, firms, or
1271	corporations; and may employ a fiscal agent or agents. However,
1272	the authority shall solicit sealed proposals from at least three
1273	persons, firms, or corporations for the performance of any
1274	services as fiscal agents. The authority may delegate to one or
1275	more of its agents or employees such of its power as it shall
1276	deem necessary to carry out the purposes of this part, subject
1277	always to the supervision and control of the authority.
1278	(b)  Members of the authority shall be entitled to receive
1279	from the authority their travel and other necessary expenses
1280	incurred in connection with the business of the authority as
1281	provided in s. 112.061, but they shall draw no salaries or other
1282	compensation.
1283	348.9804  Purposes and powers.--
1284	(1)(a)  The authority created and established by the
1285	provisions of this part is hereby granted and shall have the
1286	right to acquire, hold, construct, improve, maintain, operate,
1287	own, and lease in the capacity of lessor the Osceola County
1288	Expressway System, hereinafter referred to as "system."
1289	(b)  It is the express intention of this part that the
1290	authority, in the construction of the Osceola County Expressway
1291	System, shall be authorized to construct any extensions,
1292	additions, or improvements to the system or appurtenant
1293	facilities, including all necessary approaches, roads, bridges,
1294	and avenues of access with such changes, modifications, or
1295	revisions of the project as shall be deemed desirable and
1296	proper.
1297	(2)  The authority is hereby granted and shall have and may
1298	exercise all powers necessary, appurtenant, convenient, or
1299	incidental to the carrying out of its purposes, including, but
1300	not limited to, the following rights and powers:
1301	(a)  To sue and be sued, implead and be impleaded, and
1302	complain and defend in all courts.
1303	(b)  To adopt, use, and alter at will a corporate seal.
1304	(c)  To acquire by donation or otherwise, purchase, hold,
1305	lease as lessee, and use any franchise or property, real,
1306	personal, or mixed, tangible or intangible, or any options
1307	thereof, in its own name or in conjunction with others, or
1308	interest therein, necessary or desirable for carrying out the
1309	purposes of the authority, and to sell, lease as lessor,
1310	transfer, and dispose of any property or interest therein at any
1311	time acquired by it.
1312	(d)  To enter into and make leases for terms not exceeding
1313	40 years as either lessee or lessor in order to carry out the
1314	right to lease as set forth in this part.
1315	(e)  To enter into and make lease-purchase agreements with
1316	the department for terms not exceeding 40 years or until any
1317	bonds secured by a pledge of rentals thereunder and any
1318	refundings thereof are fully paid as to both principal and
1319	interest, whichever is longer.
1320	(f)  To fix, alter, charge, establish, and collect rates,
1321	fees, rentals, and other charges for the services and facilities
1322	of the Osceola County Expressway System, which rates, fees,
1323	rentals, and other charges shall always be sufficient to comply
1324	with any covenants made with the holders of any bonds issued
1325	pursuant to this part; however, such right and power may be
1326	assigned or delegated by the authority to the department.
1327	(g)  To borrow money and make and issue negotiable notes,
1328	bonds, refunding bonds, and other evidences of indebtedness or
1329	obligations, either in temporary or definitive form, in this
1330	part sometimes called "bonds" of the authority, for the purpose
1331	of financing all or part of the improvement or extension of the
1332	Osceola County Expressway System and appurtenant facilities,
1333	including all approaches, streets, roads, bridges, and avenues
1334	of access for the Osceola County Expressway System and for any
1335	other purpose authorized by this part, said bonds to mature in
1336	not exceeding 40 years after the date of the issuance thereof,
1337	and to secure the payment of such bonds or any part thereof by a
1338	pledge of any or all of its revenues, rates, fees, rentals, or
1339	other charges, including all or any portion of the Osceola
1340	County gasoline tax funds received by the authority pursuant to
1341	the terms of any lease-purchase agreement between the authority
1342	and the department; and, in general, to provide for the security
1343	of the bonds and the rights and remedies of the holders thereof.
1344	However, no portion of the Osceola County gasoline tax funds
1345	shall be pledged for the construction of any project for which a
1346	toll is to be charged unless the anticipated tolls are
1347	reasonably estimated by the board of county commissioners, at
1348	the date of its resolution pledging said funds, to be sufficient
1349	to cover the principal and interest of such obligations during
1350	the period when said pledge of funds shall be in effect.
1351	1.  The authority shall reimburse Osceola County for any
1352	sums expended from said gasoline tax funds used for the payment
1353	of such obligations. Any gasoline tax funds so disbursed shall
1354	be repaid when the authority deems it practicable, together with
1355	interest at the highest rate applicable to any obligations of
1356	the authority.
1357	2.  If the authority determines to fund or refund any bonds
1358	theretofore issued by the authority or by the board of county
1359	commissioners as aforesaid prior to the maturity thereof, the
1360	proceeds of the funding or refunding bonds shall, pending the
1361	prior redemption of the bonds to be funded or refunded, be
1362	invested in direct obligations of the United States. It is the
1363	express intention of this part that such outstanding bonds may
1364	be funded or refunded by the issuance of bonds pursuant to this
1365	part.
1366	(h)  To make contracts of every name and nature, including,
1367	but not limited to, partnerships providing for participation in
1368	ownership and revenues, and to execute all instruments necessary
1369	or convenient for the carrying on of its business.
1370	(i)  Without limitation of the foregoing, to borrow money
1371	and accept grants from and to enter into contracts, leases, or
1372	other transactions with any federal agency, the state, any
1373	agency of the state, Osceola County, or with any other public
1374	body of the state.
1375	(j)  To have the power of eminent domain, including the
1376	procedural powers granted under chapters 73 and 74.
1377	(k)  To pledge, hypothecate, or otherwise encumber all or
1378	any part of the revenues, rates, fees, rentals, or other charges
1379	or receipts of the authority, including all or any portion of
1380	the Osceola County gasoline tax funds received by the authority
1381	pursuant to the terms of any lease-purchase agreement between
1382	the authority and the department, as security for all or any of
1383	the obligations of the authority.
1384	(l)  To enter into partnership and other agreements
1385	respecting ownership and revenue participation in order to
1386	facilitate financing and constructing any project or portions
1387	thereof.
1388	(m)  To participate in developer agreements or to receive
1389	developer contributions.
1390	(n)  To contract with Osceola County for the operation of a
1391	toll facility within the county.
1392	(o)  To do all acts and things necessary or convenient for
1393	the conduct of its business and the general welfare of the
1394	authority in order to carry out the powers granted to it by this
1395	part or any other law.
1396	(p)  With the consent of the county within whose
1397	jurisdiction the following activities occur, to construct,
1398	operate, and maintain roads, bridges, avenues of access,
1399	thoroughfares, and boulevards outside the jurisdictional
1400	boundaries of Osceola County together with the right to
1401	construct, repair, replace, operate, install, and maintain
1402	electronic toll payment systems thereon with all necessary and
1403	incidental powers to accomplish the foregoing.
1404	(3)  The authority shall have no power at any time or in
1405	any manner to pledge the credit or taxing power of the state or
1406	any political subdivision or agency thereof, including Osceola
1407	County, nor shall any of the authority's obligations be deemed
1408	to be obligations of the state or of any political subdivision
1409	or agency thereof, nor shall the state or any political
1410	subdivision or agency thereof, except the authority, be liable
1411	for the payment of the principal of or interest on such
1412	obligations.
1413	(4)  Anything in this part to the contrary notwithstanding,
1414	acquisition of right-of-way for a project of the authority which
1415	is within the boundaries of any municipality in Osceola County
1416	shall not be started unless and until the route of said project
1417	within said municipality has been given prior approval by the
1418	governing body of said municipality.
1419	(5)  Anything in this part to the contrary notwithstanding,
1420	acquisition of right-of-way for a project of the authority which
1421	is within the unincorporated area of Osceola County shall not be
1422	started unless and until the route of said project within the
1423	unincorporated area has been given prior approval by the
1424	governing body of Osceola County.
1425	(6)  The authority shall have no power other than by
1426	consent of Osceola County or any affected city to enter into any
1427	agreement which would legally prohibit the construction of any
1428	road by Osceola County or by any municipality within Osceola
1429	County.
1430	348.9805  Authority for bond financing of
1431	improvements.--Pursuant to s. 11(f), Art. VII of the State
1432	Constitution, the Legislature hereby approves for bond financing
1433	by the Osceola County Expressway Authority improvements to toll
1434	collection facilities, interchanges to the legislatively
1435	approved expressway system, and any other facility appurtenant,
1436	necessary, or incidental to the approved system. Subject to
1437	terms and conditions of applicable revenue bond resolutions and
1438	covenants, such costs may be financed in whole or in part by
1439	revenue bonds issued pursuant to s. 348.9806(1)(a) or (b)
1440	whether currently issued or issued in the future, or by a
1441	combination of such bonds.
1442	348.9806  Bonds of the authority.--
1443	(1)(a)  Bonds may be issued on behalf of the authority
1444	pursuant to the State Bond Act.
1445	(b)  Alternatively, the authority may issue its own bonds
1446	pursuant to this part at such times and in such principal amount
1447	as, in the opinion of the authority, is necessary to provide
1448	sufficient moneys for achieving its purposes; however, such
1449	bonds may not pledge the full faith and credit of the state.
1450	Bonds issued by the authority pursuant to this paragraph or
1451	paragraph (a), whether on original issuance or on refunding,
1452	shall be authorized by resolution of the members thereof, may be
1453	either term or serial bonds, and shall bear such date or dates,
1454	mature at such time or times, not exceeding 40 years after their
1455	respective dates, bear interest at such rate or rates, payable
1456	semiannually, be in such denominations, be in such form, either
1457	coupon or fully registered, carry such registration,
1458	exchangeability, and interchangeability privileges, be payable
1459	in such medium of payment and at such place or places, be
1460	subject to such terms of redemption, and be entitled to such
1461	priorities on the revenues, rates, fees, rentals, or other
1462	charges or receipts of the authority including the Osceola
1463	County gasoline tax funds received by the authority pursuant to
1464	the terms of any lease-purchase agreement between the authority
1465	and the department, as such resolution or any resolution
1466	subsequent thereto may provide. The bonds shall be executed
1467	either by manual or facsimile signature by such officers as the
1468	authority shall determine, provided that such bonds shall bear
1469	at least one signature which is manually executed thereon, and
1470	the coupons attached to such bonds shall bear the facsimile
1471	signature or signatures of such officer or officers as shall be
1472	designated by the authority and shall have the seal of the
1473	authority affixed, imprinted, reproduced, or lithographed
1474	thereon, all as may be prescribed in such resolution or
1475	resolutions.
1476	(c)  Bonds issued pursuant to paragraph (a) or paragraph
1477	(b) shall be sold at public sale in the same manner provided by
1478	the State Bond Act. However, if the authority shall, by official
1479	action at a public meeting, determine that a negotiated sale of
1480	such bonds is in the best interest of the authority, the
1481	authority may negotiate the sale of such bonds with the
1482	underwriter designated by the authority and the Division of Bond
1483	Finance of the State Board of Administration with respect to
1484	bonds issued pursuant to paragraph (a) or solely the authority
1485	with respect to bonds issued pursuant to paragraph (b). The
1486	authority's determination to negotiate the sale of such bonds
1487	may be based, in part, upon the written advice of the
1488	authority's financial adviser. Pending the preparation of
1489	definitive bonds, interim certificates may be issued to the
1490	purchaser or purchasers of such bonds and may contain such terms
1491	and conditions as the authority may determine.
1492	(d)  The authority may issue bonds pursuant to paragraph
1493	(b) to refund any bonds previously issued regardless of whether
1494	the bonds being refunded were issued by the authority pursuant
1495	to this chapter or on behalf of the authority pursuant to the
1496	State Bond Act.
1497	(2)  Any such resolution or resolutions authorizing any
1498	bonds hereunder may contain provisions which shall be part of
1499	the contract with the holders of such bonds, as to:
1500	(a)  The pledging of all or any part of the revenues,
1501	rates, fees, rentals (including all or any portion of the
1502	Osceola County gasoline tax funds received by the authority
1503	pursuant to the terms of any lease-purchase agreement between
1504	the authority and the department, or any part thereof), or other
1505	charges or receipts of the authority, derived by the authority,
1506	from the Osceola County Expressway System.
1507	(b)  The completion, improvement, operation, extension,
1508	maintenance, repair, lease, or lease-purchase agreement of said
1509	system and the duties of the authority and others, including the
1510	department, with reference thereto.
1511	(c)  Limitations on the purposes to which the proceeds of
1512	the bonds, then or thereafter to be issued, or of any loan or
1513	grant by the United States or the state may be applied.
1514	(d)  The fixing, charging, establishing, and collecting of
1515	rates, fees, rentals, or other charges for use of the services
1516	and facilities of the Osceola County Expressway System or any
1517	part thereof.
1518	(e)  The setting aside of reserves or sinking funds or
1519	repair and replacement funds and the regulation and disposition
1520	thereof.
1521	(f)  Limitations on the issuance of additional bonds.
1522	(g)  The terms and provisions of any lease-purchase
1523	agreement, deed of trust, or indenture securing the bonds or
1524	under which the same may be issued.
1525	(h)  Any other or additional agreements with the holders of
1526	the bonds which the authority may deem desirable and proper.
1527	(3)  The authority may employ fiscal agents as provided by
1528	this part or the State Board of Administration may, upon request
1529	of the authority, act as fiscal agent for the authority in the
1530	issuance of any bonds which may be issued pursuant to this part.
1531	The State Board of Administration may, upon request of the
1532	authority, take over the management, control, administration,
1533	custody, and payment of any or all debt services or funds or
1534	assets now or hereafter available for any bonds issued pursuant
1535	to this part. The authority may enter into any deeds of trust,
1536	indentures, or other agreements with its fiscal agent or with
1537	any bank or trust company within or without the state as
1538	security for such bonds and may, under such agreements, sign and
1539	pledge all or any of the revenues, rates, fees, rentals, or
1540	other charges or receipts of the authority, including all or any
1541	portion of the Osceola County gasoline tax funds received by the
1542	authority pursuant to the terms of any lease-purchase agreement
1543	between the authority and the department, thereunder. Such deed
1544	of trust, indenture, or other agreement may contain such
1545	provisions as are customary in such instruments or, as the
1546	authority may authorize, including, but without limitation,
1547	provisions as to:
1548	(a)  The completion, improvement, operation, extension,
1549	maintenance, repair, and lease of or lease-purchase agreement
1550	relating to the Osceola County Expressway System and the duties
1551	of the authority and others including the department with
1552	reference thereto.
1553	(b)  The application of funds and the safeguarding of funds
1554	on hand or on deposit.
1555	(c)  The rights and remedies of the trustee and the holders
1556	of the bonds.
1557	(d)  The terms and provisions of the bonds or the
1558	resolutions authorizing the issuance of same.
1559	(4)  Any of the bonds issued pursuant to this part are, and
1560	are hereby declared to be, negotiable instruments and shall have
1561	all the qualities and incidents of negotiable instruments under
1562	the law merchant and the negotiable instruments law of the
1563	state.
1564	(5)  Notwithstanding any of the provisions of this part,
1565	each project, building, or facility which has been financed by
1566	the issuance of bonds or other evidence of indebtedness under
1567	this part and any refinancing thereof is hereby approved as
1568	provided for in s. 11(f), Art. VII of the State Constitution.
1569	348.9807  Remedies of the bondholders.--
1570	(1)  The rights and the remedies herein conferred upon or
1571	granted to the bondholders shall be in addition to and not in
1572	limitation of any rights and remedies lawfully granted to such
1573	bondholders by the resolution or resolutions providing for the
1574	issuance of bonds or by a lease-purchase agreement, deed of
1575	trust, indenture, or other agreement under which the bonds may
1576	be issued or secured. If the authority defaults in the payment
1577	of the principal of or interest on any of the bonds issued
1578	pursuant to the provisions of this part after such principal of
1579	or interest on said bonds becomes due, whether at maturity or
1580	upon call for redemption, or if the department defaults in any
1581	payments under or covenants made in any lease-purchase agreement
1582	between the authority and the department and such default
1583	continues for a period of 30 days or if the authority or the
1584	department fails or refuses to comply with the provisions of
1585	this part or any agreement made with or for the benefit of the
1586	holders of the bonds, the holders of 25 percent in aggregate
1587	principal amount of the bonds then outstanding shall be entitled
1588	as of right to the appointment of a trustee to represent such
1589	bondholders for the purposes hereof; provided that such holders
1590	of 25 percent in aggregate principal amount of the bonds then
1591	outstanding shall have first given notice to the authority and
1592	to the department of their intention to appoint a trustee. Such
1593	notice shall be deemed to have been given if given in writing,
1594	deposited in a securely sealed postpaid wrapper, mailed at a
1595	regularly maintained United States post office box or station,
1596	and addressed, respectively, to the chair of the authority and
1597	to the Secretary of Transportation at the principal office of
1598	the department.
1599	(2)  Such trustee and any trustee under any deed of trust,
1600	indenture, or other agreement may and, upon written request of
1601	the holders of 25 percent or such other percentages as may be
1602	specified in any deed of trust, indenture, or other agreement
1603	aforesaid, in principal amount of the bonds then outstanding,
1604	shall in any court of competent jurisdiction in his, her, or its
1605	own name:
1606	(a)  By mandamus or other suit, action, or proceeding at
1607	law or in equity, enforce all rights of the bondholders,
1608	including the right to require the authority to fix, establish,
1609	maintain, collect, and charge rates, fees, rentals, and other
1610	charges adequate to carry out any agreement as to or pledge of
1611	the revenues or receipts of the authority to carry out any other
1612	covenants and agreements with or for the benefit of the
1613	bondholders, and to perform its and their duties under this
1614	part.
1615	(b)  By mandamus or other suit, action, or proceeding at
1616	law or in equity, enforce all rights of the bondholders under or
1617	pursuant to any lease-purchase agreement between the authority
1618	and the department, including the right to require the
1619	department to make all rental payments required to be made by it
1620	under the provisions of any such lease-purchase agreement,
1621	whether from the Osceola County gasoline tax funds or other
1622	funds of the department so agreed to be paid, and to require the
1623	department to carry out any other covenants and agreements with
1624	or for the benefit of the bondholders and to perform its and
1625	their duties under this part.
1626	(c)  Bring suit upon the bonds.
1627	(d)  By action or suit in equity, require the authority or
1628	the department to account as if it were the trustee of an
1629	express trust for the bondholders.
1630	(e)  By action or suit in equity, enjoin any acts or things
1631	which may be unlawful or in violation of the rights of the
1632	bondholders.
1633	(3)  Whether or not all bonds have been declared due and
1634	payable, any trustee, when appointed under this section or
1635	acting under a deed of trust, indenture, or other agreement,
1636	shall be entitled as of right to the appointment of a receiver
1637	who may enter upon and take possession of the Osceola County
1638	Expressway System or the facilities or any part or parts
1639	thereof, the rates, fees, rentals, or other revenues, charges,
1640	or receipts from which are or may be applicable to the payment
1641	of the bonds so in default, and, subject to and in compliance
1642	with the provisions of any lease-purchase agreement between the
1643	authority and the department, operate and maintain the same for
1644	and on behalf and in the name of the authority, the department,
1645	and the bondholders and collect and receive all rates, fees,
1646	rentals, and other charges or receipts or revenues arising
1647	therefrom in the same manner as the authority or the department
1648	might do, and shall deposit all such moneys in a separate
1649	account and apply the same in such manner as the court shall
1650	direct. In any suit, action, or proceeding by the trustee, the
1651	fees, counsel fees, and expenses of the trustee and said
1652	receiver, if any, and all costs and disbursements allowed by the
1653	court shall be a first charge on any rates, fees, rentals, or
1654	other charges, revenues, or receipts derived from the Osceola
1655	County Expressway System or the facilities or services or any
1656	part or parts thereof, including payments under any such lease-
1657	purchase agreement as aforesaid which said rates, fees, rentals,
1658	or other charges, revenues, or receipts shall or may be
1659	applicable to the payment of the bonds so in default. Such
1660	trustee shall also have and possess all of the powers necessary
1661	or appropriate for the exercise of any functions specifically
1662	set forth in this part or incident to the representation of the
1663	bondholders in the enforcement and protection of their rights.
1664	(4)  Nothing in this section or any other section of this
1665	part shall authorize any receiver appointed pursuant to this
1666	part for the purpose, subject to and in compliance with the
1667	provisions of any lease-purchase agreement between the authority
1668	and the department, of operating and maintaining the Osceola
1669	County Expressway System or any facilities or part or parts
1670	thereof to sell, assign, mortgage, or otherwise dispose of any
1671	of the assets of whatever kind and character belonging to the
1672	authority. It is the intention of this part to limit the powers
1673	of such receiver, subject to and in compliance with the
1674	provisions of any lease-purchase agreement between the authority
1675	and the department, to the operation and maintenance of the
1676	Osceola County Expressway System or any facility or part or
1677	parts thereof, as the court may direct, in the name and for and
1678	on behalf of the authority, the department, and the bondholders.
1679	No holder of bonds on the authority nor any trustee shall ever
1680	have the right in any suit, action, or proceeding at law or in
1681	equity to compel a receiver, nor shall any receiver be
1682	authorized or any court be empowered to direct the receiver, to
1683	sell, assign, mortgage, or otherwise dispose of any assets of
1684	whatever kind or character belonging to the authority.
1685	348.9808  Lease-purchase agreement.--
1686	(1)  In order to effectuate the purposes of this part and
1687	as authorized by this part, the authority may enter into a
1688	lease-purchase agreement with the department relating to and
1689	covering the Osceola County Expressway System.
1690	(2)  Such lease-purchase agreement shall provide for the
1691	leasing of the Osceola County Expressway System by the authority
1692	as lessor to the department as lessee, shall prescribe the term
1693	of such lease and the rentals to be paid thereunder, and shall
1694	provide that, upon the completion of the faithful performance
1695	thereunder and the termination of such lease-purchase agreement,
1696	title in fee simple absolute to the Osceola County Expressway
1697	System as then constituted shall be transferred in accordance
1698	with law by the authority to the state and the authority shall
1699	deliver to the department such deeds and conveyances as shall be
1700	necessary or convenient to vest title in fee simple absolute in
1701	the state.
1702	(3)  Such lease-purchase agreement may include such other
1703	provisions, agreements, and covenants as the authority and the
1704	department deem advisable or required, including, but not
1705	limited to, provisions as to the bonds to be issued under and
1706	for the purposes of this part; the completion, extension,
1707	improvement, operation, and maintenance of the Osceola County
1708	Expressway System; the expenses and the cost of operation of
1709	said authority; the charging and collection of tolls, rates,
1710	fees, and other charges for the use of the services and
1711	facilities thereof; the application of federal or state grants
1712	or aid which may be made or given to assist the authority in the
1713	completion, extension, improvement, operation, and maintenance
1714	of the Orlando Expressway System which the authority is hereby
1715	authorized to accept and apply to such purposes; the enforcement
1716	of payment and collection of rentals; and any other terms,
1717	provisions, or covenants necessary, incidental, or appurtenant
1718	to the making of and full performance under such lease-purchase
1719	agreement.
1720	(4)  The department as lessee under such lease-purchase
1721	agreement is hereby authorized to pay as rentals thereunder any
1722	rates, fees, charges, funds, moneys, receipts, or income
1723	accruing to the department from the operation of the Osceola
1724	County Expressway System and the Osceola County gasoline tax
1725	funds and may also pay as rentals any appropriations received by
1726	the department pursuant to any act of the Legislature heretofore
1727	or hereafter enacted. However, nothing herein nor in such lease-
1728	purchase agreement is intended to nor shall this part or such
1729	lease-purchase agreement require the making or continuance of
1730	such appropriations nor shall any holder of bonds issued
1731	pursuant to this part ever have any right to compel the making
1732	or continuance of such appropriations.
1733	(5)  No pledge of said Osceola County gasoline tax funds as
1734	rentals under such lease-purchase agreement shall be made
1735	without the consent of Osceola County evidenced by a resolution
1736	duly adopted by the board of county commissioners of said county
1737	at a public hearing held pursuant to due notice thereof
1738	published at least once a week for 3 consecutive weeks before
1739	the hearing in a newspaper of general circulation in Osceola
1740	County. In addition to other provisions, the resolution shall
1741	provide that any excess of said pledged gasoline tax funds which
1742	is not required for debt service or reserves for such debt
1743	service for any bonds issued by said authority shall be returned
1744	annually to the department for distribution to Osceola County as
1745	provided by law. Before making any application for such pledge
1746	of gasoline tax funds, the authority shall present the plan of
1747	its proposed project to the Osceola County Planning and Zoning
1748	Commission for its comments and recommendations.
1749	(6)  The department shall have power to covenant in any
1750	lease-purchase agreement that it will pay all or any part of the
1751	cost of the operation, maintenance, repair, renewal, and
1752	replacement of the system and any part of the cost of completing
1753	the system to the extent that the proceeds of bonds issued
1754	therefor are insufficient from sources other than the revenues
1755	derived from the operation of the system and Osceola County
1756	gasoline tax funds. The department may also agree to make such
1757	other payments from any moneys available to the commission or
1758	the county in connection with the construction or completion of
1759	the system as shall be deemed by the department to be fair and
1760	proper under any such covenants heretofore or hereafter entered
1761	into.
1762	(7)  The system shall be a part of the state road system
1763	and the department is hereby authorized, upon the request of the
1764	authority, to expend out of any funds available for the purpose
1765	such moneys and to use such of its engineering and other forces
1766	as may be necessary and desirable in the judgment of the
1767	department for the operation of the authority and for traffic
1768	surveys, borings, surveys, preparation of plans and
1769	specifications, estimates of cost, and other preliminary
1770	engineering and other studies; however, the aggregate amount of
1771	moneys expended for said purposes by the department shall not
1772	exceed the sum of $375,000.
1773	348.9809  Department may be appointed agent of authority
1774	for construction.--The authority may appoint the department as
1775	its agent for the purpose of constructing improvements and
1776	extensions to the Osceola County Expressway System and for the
1777	completion thereof. In such event, the authority shall provide
1778	the department with complete copies of all documents,
1779	agreements, resolutions, contracts, and instruments relating
1780	thereto; shall request the department to do such construction
1781	work, including the planning, surveying, and actual construction
1782	of the completion, extensions, and improvements of the Osceola
1783	County Expressway System; and shall transfer to the credit of an
1784	account of the department in the treasury of the state the
1785	necessary funds therefor, and the department shall thereupon be
1786	authorized, empowered, and directed to proceed with such
1787	construction and to use the funds for such purpose in the same
1788	manner that it is now authorized to use the funds otherwise
1789	provided by law for its use in construction of roads and
1790	bridges.
1791	348.9811  Acquisition of lands and property.--
1792	(1)  For the purposes of this part, the Osceola County
1793	Expressway Authority may acquire private or public property and
1794	property rights, including rights of access, air, view, and
1795	light, by gift, devise, purchase, or condemnation by eminent
1796	domain proceedings as the authority may deem necessary for any
1797	of the purposes of this part, including, but not limited to, any
1798	lands reasonably necessary for securing applicable permits,
1799	areas necessary for management of access, borrow pits, drainage
1800	ditches, water retention areas, rest areas, replacement access
1801	for landowners whose access is impaired due to the construction
1802	of a facility, and replacement rights-of-way for relocated rail
1803	and utility facilities; for existing, proposed, or anticipated
1804	transportation facilities on the Osceola County Expressway
1805	System or in a transportation corridor designated by the
1806	authority; or for the purposes of screening, relocation,
1807	removal, or disposal of junkyards and scrap metal processing
1808	facilities. The authority shall also have the power to condemn
1809	any material and property necessary for such purposes.
1810	(2)  The right of eminent domain conferred in this part
1811	shall be exercised by the authority in the manner provided by
1812	law.
1813	(3)  When the authority acquires property for a
1814	transportation facility or in a transportation corridor, it is
1815	not subject to any liability imposed by chapter 376 or chapter
1816	403 for preexisting soil or groundwater contamination due solely
1817	to its ownership. This section does not affect the rights or
1818	liabilities of any past or future owners of the acquired
1819	property, nor does it affect the liability of any governmental
1820	entity for the results of its actions which create or exacerbate
1821	a pollution source. The authority and the Department of
1822	Environmental Protection may enter into interagency agreements
1823	for the performance, funding, and reimbursement of the
1824	investigative and remedial acts necessary for property acquired
1825	by the authority.
1826	348.9812  Cooperation with other units, boards, agencies,
1827	and individuals.--Express authority and power is hereby given
1828	and granted to any county, municipality, drainage district, road
1829	and bridge district, school district, or any other political
1830	subdivision, board, commission, or individual in or of the state
1831	to make and enter into with the authority contracts, leases,
1832	conveyances, partnerships, or other agreements within the
1833	provisions and purposes of this part. The authority is hereby
1834	expressly authorized to make and enter into contracts, leases,
1835	conveyances, partnerships, and other agreements with any
1836	political subdivision, agency, or instrumentality of the state
1837	and any and all federal agencies, corporations, and individuals
1838	for the purpose of carrying out the provisions of this part.
1839	348.9813  Covenant of the state.--The state does hereby
1840	pledge to and agrees with any person, firm, or corporation or
1841	federal or state agency subscribing to or acquiring the bonds to
1842	be issued by the authority for the purposes of this part that
1843	the state will not limit or alter the rights hereby vested in
1844	the authority and the department until all bonds at any time
1845	issued, together with the interest thereon, are fully paid and
1846	discharged insofar as the same affects the rights of the holders
1847	of bonds issued hereunder. The state does further pledge to and
1848	agree with the United States that in the event any federal
1849	agency shall construct or contribute any funds for the
1850	completion, extension, or improvement of the Osceola County
1851	Expressway System, or any part or portion thereof, the state
1852	will not alter or limit the rights and powers of the authority
1853	and the department in any manner which would be inconsistent
1854	with the continued maintenance and operation of the Osceola
1855	County Expressway System or the completion, extension, or
1856	improvement thereof or which would be inconsistent with the due
1857	performance of any agreements between the authority and any such
1858	federal agency. The authority and the department shall continue
1859	to have and may exercise all powers herein granted so long as
1860	the same shall be necessary or desirable for the carrying out of
1861	the purposes of this part and the purposes of the United States
1862	in the completion, extension, or improvement of the Osceola
1863	County Expressway System or any part or portion thereof.
1864	348.9814  Exemption from taxation.--The effectuation of the
1865	authorized purposes of the authority created under this part is,
1866	shall, and will be in all respects for the benefit of the people
1867	of the state, for the increase of their commerce and prosperity,
1868	and for the improvement of their health and living conditions
1869	and, since the authority will be performing essential
1870	governmental functions in effectuating such purposes, the
1871	authority shall not be required to pay any taxes or assessments
1872	of any kind or nature whatsoever upon any property acquired or
1873	used by it for such purposes or upon any rates, fees, rentals,
1874	receipts, income, or charges at any time received by it and the
1875	bonds issued by the authority, their transfer, and the income
1876	therefrom, including any profits made on the sale thereof, shall
1877	at all times be free from taxation of any kind by the state or
1878	by any political subdivision or taxing agency or instrumentality
1879	thereof. The exemption granted by this section shall not be
1880	applicable to any tax imposed by chapter 220 on interest,
1881	income, or profits on debt obligations owned by corporations.
1882	348.9815  Eligibility for investments and security.--Any
1883	bonds or other obligations issued pursuant to this part shall be
1884	and constitute legal investments for banks, savings banks,
1885	trustees, executors, administrators, and all other fiduciaries
1886	and for all state, municipal, and other public funds and shall
1887	also be and constitute securities eligible for deposit as
1888	security for all state, municipal, or other public funds,
1889	notwithstanding the provisions of any other law or laws to the
1890	contrary.
1891	348.9816  Pledges enforceable by bondholders.--It is the
1892	express intention of this part that any pledge by the department
1893	of rates, fees, revenues, Osceola County gasoline tax funds, or
1894	other funds, as rentals, to the authority, or any covenants or
1895	agreements relative thereto, may be enforceable in any court of
1896	competent jurisdiction against the authority or directly against
1897	the department by any holder of bonds issued by the authority.
1898	348.9817  This part complete and additional authority.--
1899	(1)  The powers conferred by this part shall be in addition
1900	and supplemental to the existing powers of the board and the
1901	department, and this part shall not be construed as repealing
1902	any of the provisions of any other law, general, special, or
1903	local, but to supersede such other laws in the exercise of the
1904	powers provided in this part and to provide a complete method
1905	for the exercise of the powers granted in this part. The
1906	extension and improvement of the Osceola County Expressway
1907	System and the issuance of bonds hereunder to finance all or
1908	part of the cost thereof may be accomplished upon compliance
1909	with the provisions of this part without regard to or necessity
1910	for compliance with the provisions, limitations, or restrictions
1911	contained in any other general, special, or local law,
1912	including, but not limited to, s. 215.821. No approval of any
1913	bonds issued under this part by the qualified electors or
1914	qualified electors who are freeholders in the state or in
1915	Osceola County or in any other political subdivision of the
1916	state shall be required for the issuance of such bonds pursuant
1917	to this part.
1918	(2)  This part shall not be deemed to repeal, rescind, or
1919	modify the Osceola County Charter. This part shall not be deemed
1920	to repeal, rescind, or modify any other law relating to the
1921	State Board of Administration, the Department of Transportation,
1922	or the Division of Bond Finance of the State Board of
1923	Administration but shall be deemed to and shall supersede such
1924	other laws as are inconsistent with the provisions of this part,
1925	including, but not limited to, s. 215.821.
1926	Section 20.  Paragraph (b) of subsection (7) of section
1927	373.036, Florida Statutes, is amended to read:
1928	373.036  Florida water plan; district water management
1929	plans.--
1930	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
1931	REPORT.--
1932	(b)  The consolidated annual report shall contain the
1933	following elements, as appropriate to that water management
1934	district:
1935	1.  A district water management plan annual report or the
1936	annual work plan report allowed in subparagraph (2)(e)4.
1937	2.  The department-approved minimum flows and levels annual
1938	priority list and schedule required by s. 373.042(2).
1939	3.  The annual 5-year capital improvements plan required by
1940	s. 373.536(6)(a)3.
1941	4.  The alternative water supplies annual report required
1942	by s. 373.1961(2)(k).
1943	5.  The final annual 5-year water resource development work
1944	program required by s. 373.536(6)(a)4.
1945	6.  The Florida Forever Water Management District Work Plan
1946	annual report required by s. 373.199(7).
1947	7.  The mitigation donation annual report required by s.
1948	373.414(1)(c)(b)2.
1949	Section 21.  Subsection (12) is added to section 373.406,
1950	Florida Statutes, to read:
1951	373.406  Exemptions.--The following exemptions shall apply:
1952	(12)  Department of Transportation projects and activities
1953	described in s. 373.4146(1) are exempt from regulation under
1954	this part and from any rule, manual, or order adopted under this
1955	part.
1956	Section 22.  Paragraph (e) of subsection (6) and subsection
1957	(7) of section 373.4135, Florida Statutes, are amended to read:
1958	373.4135  Mitigation banks and offsite regional
1959	mitigation.--
1960	(6)  An environmental creation, preservation, enhancement,
1961	or restoration project, including regional offsite mitigation
1962	areas, for which money is donated or paid as mitigation, that is
1963	sponsored by the department, a water management district, or a
1964	local government and provides mitigation for five or more
1965	applicants for permits under this part, or for 35 or more acres
1966	of adverse impacts, shall be established and operated under a
1967	memorandum of agreement. The memorandum of agreement shall be
1968	between the governmental entity proposing the mitigation project
1969	and the department or water management district, as appropriate.
1970	Such memorandum of agreement need not be adopted by rule. For
1971	the purposes of this subsection, one creation, preservation,
1972	enhancement, or restoration project shall mean one or more
1973	parcels of land with similar ecological communities that are
1974	intended to be created, preserved, enhanced, or restored under a
1975	common scheme.
1976	(e)  Projects governed by this subsection, except for
1977	projects established pursuant to subsection (7), shall be
1978	subject to the provisions of s. 373.414(1)(c)(b)1.
1979	(7)  The department, water management districts, and local
1980	governments may elect to establish and manage mitigation sites,
1981	including regional offsite mitigation areas, or contract with
1982	permitted mitigation banks, to provide mitigation options for
1983	private single-family lots or homeowners. The department, water
1984	management districts, and local governments shall provide a
1985	written notice of their election under this subsection by United
1986	States mail to those individuals who have requested, in writing,
1987	to receive such notice. The use of mitigation options
1988	established under this subsection are not subject to the full-
1989	cost-accounting provision of s. 373.414(1)(c)(b)1. To use a
1990	mitigation option established under this subsection, the
1991	applicant for a permit under this part must be a private,
1992	single-family lot or homeowner, and the land upon which the
1993	adverse impact is located must be intended for use as a single-
1994	family residence by the current owner. The applicant must not be
1995	a corporation, partnership, or other business entity. However,
1996	the provisions of this subsection shall not apply to other
1997	entities that establish offsite regional mitigation as defined
1998	in this section and s. 373.403.
1999	Section 23.  Paragraph (d) of subsection (6) of section
2000	373.4136, Florida Statutes, is amended to read:
2001	373.4136  Establishment and operation of mitigation
2002	banks.--
2003	(6)  MITIGATION SERVICE AREA.--The department or water
2004	management district shall establish a mitigation service area
2005	for each mitigation bank permit. The department or water
2006	management district shall notify and consider comments received
2007	on the proposed mitigation service area from each local
2008	government within the proposed mitigation service area. Except
2009	as provided herein, mitigation credits may be withdrawn and used
2010	only to offset adverse impacts in the mitigation service area.
2011	The boundaries of the mitigation service area shall depend upon
2012	the geographic area where the mitigation bank could reasonably
2013	be expected to offset adverse impacts. Mitigation service areas
2014	may overlap, and mitigation service areas for two or more
2015	mitigation banks may be approved for a regional watershed.
2016	(d)  If the requirements in s. 373.414(1)(c)(b) and (8) are
2017	met, the following projects or activities regulated under this
2018	part shall be eligible to use a mitigation bank, regardless of
2019	whether they are located within the mitigation service area:
2020	1.  Projects with adverse impacts partially located within
2021	the mitigation service area.
2022	2.  Linear projects, such as roadways, transmission lines,
2023	distribution lines, pipelines, or railways.
2024	3.  Projects with total adverse impacts of less than 1 acre
2025	in size.
2026	Section 24.  Paragraphs (b) and (c) of subsection (1) of
2027	section 373.414, Florida Statutes, are redesignated as
2028	paragraphs (c) and (d), respectively, and a new paragraph (b) is
2029	added to that subsection to read:
2030	373.414  Additional criteria for activities in surface
2031	waters and wetlands.--
2032	(1)  As part of an applicant's demonstration that an
2033	activity regulated under this part will not be harmful to the
2034	water resources or will not be inconsistent with the overall
2035	objectives of the district, the governing board or the
2036	department shall require the applicant to provide reasonable
2037	assurance that state water quality standards applicable to
2038	waters as defined in s. 403.031(13) will not be violated and
2039	reasonable assurance that such activity in, on, or over surface
2040	waters or wetlands, as delineated in s. 373.421(1), is not
2041	contrary to the public interest. However, if such an activity
2042	significantly degrades or is within an Outstanding Florida
2043	Water, as provided by department rule, the applicant must
2044	provide reasonable assurance that the proposed activity will be
2045	clearly in the public interest.
2046	(b)  Department of Transportation projects and activities
2047	described in s. 373.4146(1) are exempt from the public-interest
2048	criteria of this subsection.
2049	Section 25.  Subsection (7) is added to section 373.4145,
2050	Florida Statutes, to read:
2051	373.4145  Interim part IV permitting program for the
2052	Northwest Florida Water Management District.--
2053	(7)  Department of Transportation projects and activities
2054	described in s. 373.4146(1) are exempt from the provisions of
2055	this section and from any rules, manuals, or orders adopted
2056	under this section.
2057	Section 26.  Section 373.4146, Florida Statutes, is created
2058	to read:
2059	373.4146  Permitting exemptions for Department of
2060	Transportation projects; establishment of permit thresholds.--
2061	(1)  The following state transportation projects and
2062	activities are exempt from regulation under this part and from
2063	any rule, manual, or order adopted under this part:
2064	(a)  Resurfacing, restoration, and rehabilitation work on
2065	existing highways to extend the service life or enhance highway
2066	safety, including, but not limited to, widening existing lanes,
2067	improving shoulders, and extending existing culverts or drainage
2068	structures to meet current highway safety standards, but not
2069	including increasing the number of through-travel lanes.
2070	(b)  In-kind bridge replacement with the same number of
2071	through-travel lanes designed to current safety standards, and
2072	associated approach roadway work.
2073	(c)  Intersection improvements, including the addition or
2074	extension of turn lanes and median crossings.
2075	(d)  Addition of pedestrian and bicycle facilities to
2076	existing highways.
2077	(2)  The following provisions apply to all state
2078	transportation projects regulated under this part:
2079	(a)  As long as the stormwater discharge meets water
2080	quality standards of the receiving waters, the Department of
2081	Transportation is not required to determine or be limited to the
2082	existing discharge rate for discharges to tidally controlled
2083	bodies of water for any state transportation project as long as
2084	the discharge rate post project does not exceed the preproject
2085	discharge rate by 30 percent.
2086	(b)  Any state transportation project that has undergone
2087	review pursuant to a process approved under 23 U.S.C. s. 6002
2088	will be deemed to have satisfied the cumulative impact review
2089	required pursuant to s. 373.414(8)(a).
2090	(c)  State transportation projects are exempt from project
2091	size acreage thresholds for general permits under this part.
2092	(d)  State transportation projects with less than 5 acres
2093	of wetland impacts may obtain general permits under this part.
2094	(e)  Stormwater treatment facilities for state
2095	transportation projects shall not be subject to minimum width or
2096	acreage restrictions.
2097	(3)  By January 1, 2007, the department, the water
2098	management districts, and the Department of Transportation shall
2099	develop a memorandum of understanding governing the use, and the
2100	granting of such use, of sovereign submerged or other state-
2101	owned lands pursuant to chapter 253 or chapter 258 for state
2102	transportation projects. The memorandum of understanding shall
2103	address engineering techniques to minimize the project's
2104	environmental impacts, mitigation of unavoidable environmental
2105	impacts, and other related issues.
2106	(4)  By July 1, 2007, the department, the water management
2107	districts, and the Department of Transportation shall jointly
2108	develop a memorandum of understanding describing a method for
2109	determining the seasonal high groundwater table elevation to be
2110	used by the department and the water management districts when
2111	permitting state transportation projects under this part.
2112	(5)  By July 1, 2008, the department, the water management
2113	districts, and the Department of Transportation shall research
2114	and identify the specific constituents of highway stormwater
2115	runoff and shall jointly develop a memorandum of understanding
2116	containing best management practices to treat or minimize these
2117	identified constituents. These best management practices shall
2118	be deemed sufficient to satisfy water treatment requirements for
2119	permits required by this part.
2120	Section 27.  Paragraph (d) of subsection (2) of section
2121	348.0003, Florida Statutes, is amended to read:
2122	348.0003  Expressway authority; formation; membership.--
2123	(2)  The governing body of an authority shall consist of
2124	not fewer than five nor more than nine voting members. The
2125	district secretary of the affected department district shall
2126	serve as a nonvoting member of the governing body of each
2127	authority located within the district. Each member of the
2128	governing body must at all times during his or her term of
2129	office be a permanent resident of the county which he or she is
2130	appointed to represent.
2131	(d)  Notwithstanding any provision to the contrary in this
2132	subsection, in any county as defined in s. 125.011(1), the
2133	governing body of an authority shall consist of seven voting up
2134	to 13 members and two nonvoting members, and the following
2135	provisions of this paragraph shall apply specifically to such
2136	authority. Two Except for the district secretary of the
2137	department, the members must be residents of the county. Seven
2138	voting members shall be county commissioners appointed by the
2139	chair of the governing body of the county. One voting member
2140	shall be a mayor of a municipality within the county at all
2141	times while serving on the authority and shall be appointed by
2142	the Miami-Dade County League of Cities. Four At the discretion
2143	of the governing body of the county, up to two of the members
2144	appointed by the governing body of the county may be elected
2145	officials residing in the county. Five voting members of the
2146	authority shall be appointed by the Governor and must be
2147	residents of the county or municipality at all times while
2148	serving. The Governor's appointees shall not be elected or
2149	appointed officials or employees of the county or of a
2150	municipality within the county. One member shall be The district
2151	secretary of the department serving in the district that
2152	contains such county shall be a nonvoting member of the
2153	authority. One member shall be the chair of the Miami-Dade
2154	legislative delegation, or another member of the delegation
2155	appointed by the chair, and shall be a nonvoting member of the
2156	authority. This member shall be an ex officio voting member of
2157	the authority. If the governing board of an authority includes
2158	any member originally appointed by the governing body of the
2159	county as a nonvoting member, when the term of such member
2160	expires, that member shall be replaced by a member appointed by
2161	the Governor until the governing body of the authority is
2162	composed of seven members appointed by the governing body of the
2163	county and five members appointed by the Governor. The
2164	qualifications, terms of office, and obligations and rights of
2165	members of the authority shall be determined by resolution or
2166	ordinance of the governing body of the county in a manner that
2167	is consistent with subsections (3) and (4).
2168	Section 28.  Paragraph (f) of subsection (2) and paragraphs
2169	(a) and (h) of subsection (9) of section 348.0004, Florida
2170	Statutes, are amended to read:
2171	348.0004  Purposes and powers.--
2172	(2)  Each authority may exercise all powers necessary,
2173	appurtenant, convenient, or incidental to the carrying out of
2174	its purposes, including, but not limited to, the following
2175	rights and powers:
2176	(f)1.  To fix, alter, charge, establish, and collect tolls,
2177	rates, fees, rentals, and other charges for the services and
2178	facilities system, which tolls, rates, fees, rentals, and other
2179	charges must always be sufficient to comply with any covenants
2180	made with the holders of any bonds issued pursuant to the
2181	Florida Expressway Authority Act. However, such right and power
2182	may be assigned or delegated by the authority to the department.
2183	Notwithstanding s. 338.165 or any other provision of law to the
2184	contrary, in any county as defined in s. 125.011(1), to the
2185	extent surplus revenues exist, they may be used for purposes
2186	enumerated in subsection (7), provided the expenditures are
2187	consistent with the metropolitan planning organization's adopted
2188	long-range plan. Notwithstanding any other provision of law to
2189	the contrary, but subject to any contractual requirements
2190	contained in documents securing any outstanding indebtedness
2191	payable from tolls, in any county as defined in s. 125.011(1),
2192	the board of county commissioners may, by ordinance adopted on
2193	or before September 30, 1999, alter or abolish existing tolls
2194	and currently approved increases thereto if the board provides a
2195	local source of funding to the county expressway system for
2196	transportation in an amount sufficient to replace revenues
2197	necessary to meet bond obligations secured by such tolls and
2198	increases.
2199	2.  Prior to raising tolls, whether paid by cash or
2200	electronic toll collection, an expressway authority in any
2201	county as defined in s. 125.011(1) shall publish a notice of the
2202	intent to raise tolls in a newspaper of general circulation, as
2203	defined in s. 97.021(18), in the county. The notice shall
2204	provide the amount of increase to be implemented for cash
2205	payment, electronic payment, or both, as applicable. The notice
2206	also shall provide a postal address, an electronic mail or
2207	Internet address, and a local telephone number for the purpose
2208	of receiving public comment on the issue of the toll increase.
2209	The notice shall be published two times, at least 7 days apart,
2210	with the first publication occurring not more than 90 days prior
2211	to the proposed effective date of the toll increase and the
2212	second publication occurring not fewer than 60 days prior to the
2213	proposed effective date of the toll increase. The provisions of
2214	this subparagraph shall not apply to any change in the toll rate
2215	for the use of any portion of the expressway system that has
2216	been approved by this authority prior to July 1, 2006.
2217	(9)  The Legislature declares that there is a public need
2218	for rapid construction of safe and efficient transportation
2219	facilities for travel within the state and that it is in the
2220	public's interest to provide for public-private partnership
2221	agreements to effectuate the construction of additional safe,
2222	convenient, and economical transportation facilities.
2223	(a)  Notwithstanding any other provision of law to the
2224	contrary the Florida Expressway Authority Act, any expressway
2225	authority, transportation authority, bridge authority, or toll
2226	authority established by statute or under this part may receive
2227	or solicit proposals and enter into agreements with private
2228	entities, or consortia thereof, for the building, operation,
2229	ownership, or financing of expressway authority transportation
2230	facilities or new transportation facilities within the
2231	jurisdiction of the expressway authority. An expressway
2232	authority is authorized to adopt rules to implement this
2233	subsection and shall, by rule, establish an application fee for
2234	the submission of unsolicited proposals under this subsection.
2235	The fee must be sufficient to pay the costs of evaluating the
2236	proposals. An expressway authority may engage private
2237	consultants to assist in the evaluation. Before approval, an
2238	expressway authority must determine that a proposed project:
2239	1.  Is in the public's best interest.
2240	2.  Would not require state funds to be used unless the
2241	project is on or provides increased mobility on the State
2242	Highway System.
2243	3.  Would have adequate safeguards to ensure that no
2244	additional costs or service disruptions would be realized by the
2245	traveling public and citizens of the state in the event of
2246	default or the cancellation of the agreement by the expressway
2247	authority.
2248	(h)  Except as herein provided, this subsection is not
2249	intended to amend existing laws by granting additional powers to
2250	or further restricting the governmental entities from regulating
2251	and entering into cooperative arrangements with the private
2252	sector for the planning, construction, and operation of
2253	transportation facilities. Use of the powers granted in this
2254	subsection by a statutorily created expressway authority,
2255	transportation authority, bridge authority, or toll authority,
2256	except one statutorily created under this part, shall not be
2257	subject to any of the requirements of this part except those
2258	contained in this subsection.
2259	Section 29.  Subsection (6) is added to section 348.754,
2260	Florida Statutes, to read:
2261	348.754  Purposes and powers.--
2262	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
2263	County Expressway Authority may waive payment and performance
2264	bonds on construction contracts for the construction of a public
2265	building, for the prosecution and completion of a public work,
2266	or for repairs on a public building or public work that has a
2267	cost of $500,000 or less and when the project is awarded
2268	pursuant to an economic development program for the
2269	encouragement of local small businesses that has been adopted by
2270	the governing body of the Orlando-Orange County Expressway
2271	Authority pursuant to a resolution or policy.
2272	(b)  The authority's adopted criteria for participation in
2273	the economic development program for local small businesses
2274	requires that a participant:
2275	1.  Be an independent business.
2276	2.  Be principally domiciled in the Orange County Standard
2277	Metropolitan Statistical Area.
2278	3.  Employ 25 or fewer full-time employees.
2279	4.  Have gross annual sales averaging $3 million or less
2280	over the immediately preceding 3 calendar years with regard to
2281	any construction element of the program.
2282	5.  Be accepted as a participant in the Orlando-Orange
2283	County Expressway Authority's microcontracts program or such
2284	other small business program as may be hereinafter enacted by
2285	the Orlando-Orange County Expressway Authority.
2286	6.  Participate in an educational curriculum or technical
2287	assistance program for business development that will assist the
2288	small business in becoming eligible for bonding.
2289	(c)  The authority's adopted procedures for waiving payment
2290	and performance bonds on projects with values not less than
2291	$200,000 and not exceeding $500,000 shall provide that payment
2292	and performance bonds may only be waived on projects that have
2293	been set aside to be competitively bid on by participants in an
2294	economic development program for local small businesses. The
2295	authority's executive director or his or her designee shall
2296	determine whether specific construction projects are suitable
2297	for:
2298	1.  Bidding under the authority's microcontracts program by
2299	registered local small businesses; and
2300	2.  Waiver of the payment and performance bond.
2301
2302	The decision of the authority's executive director or deputy
2303	executive director to waive the payment and performance bond
2304	shall be based upon his or her investigation and conclusion that
2305	there exists sufficient competition so that the authority
2306	receives a fair price and does not undertake any unusual risk
2307	with respect to such project.
2308	(d)  For any contract for which a payment and performance
2309	bond has been waived pursuant to the authority set forth in this
2310	section, the Orlando-Orange County Expressway Authority shall
2311	pay all persons defined in s. 713.01 who furnish labor,
2312	services, or materials for the prosecution of the work provided
2313	for in the contract to the same extent and upon the same
2314	conditions that a surety on the payment bond under s. 255.05
2315	would have been obligated to pay such persons if the payment and
2316	performance bond had not been waived. The authority shall record
2317	notice of this obligation in the manner and location that surety
2318	bonds are recorded. The notice shall include the information
2319	describing the contract that s. 255.05(1) requires be stated on
2320	the front page of the bond. Notwithstanding that s. 255.05(9)
2321	generally applies when a performance and payment bond is
2322	required, s. 255.05(9) shall apply under this subsection to any
2323	contract on which performance or payment bonds are waived and
2324	any claim to payment under this subsection shall be treated as a
2325	contract claim pursuant to s. 255.05(9).
2326	(e)  A small business that has been the successful bidder
2327	on six projects for which the payment and performance bond was
2328	waived by the authority pursuant to paragraph (a) shall be
2329	ineligible to bid on additional projects for which the payment
2330	and performance bond is to be waived. The local small business
2331	may continue to participate in other elements of the economic
2332	development program for local small businesses as long as it is
2333	eligible.
2334	(f)  The authority shall conduct bond eligibility training
2335	for businesses qualifying for bond waiver under this subsection
2336	to encourage and promote bond eligibility for such businesses.
2337	(g)  The authority shall prepare a biennial report on the
2338	activities undertaken pursuant to this subsection to be
2339	submitted to the Orange County legislative delegation. The
2340	initial report shall be due December 31, 2008.
2341	Section 30.  Subsection (1) of section 212.055, Florida
2342	Statutes, is amended to read:
2343	212.055  Discretionary sales surtaxes; legislative intent;
2344	authorization and use of proceeds.--It is the legislative intent
2345	that any authorization for imposition of a discretionary sales
2346	surtax shall be published in the Florida Statutes as a
2347	subsection of this section, irrespective of the duration of the
2348	levy. Each enactment shall specify the types of counties
2349	authorized to levy; the rate or rates which may be imposed; the
2350	maximum length of time the surtax may be imposed, if any; the
2351	procedure which must be followed to secure voter approval, if
2352	required; the purpose for which the proceeds may be expended;
2353	and such other requirements as the Legislature may provide.
2354	Taxable transactions and administrative procedures shall be as
2355	provided in s. 212.054.
2356	(1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.--
2357	(a)  Each charter county which adopted a charter prior to
2358	January 1, 1984, and each county the government of which is
2359	consolidated with that of one or more municipalities, may:
2360	1.  Levy a discretionary sales surtax, subject to approval
2361	by a majority vote of the electorate of the county; or
2362	2.  Levy a discretionary sales surtax pursuant to this
2363	subsection by a supermajority affirmative vote of the total
2364	membership of its governing body by a charter amendment approved
2365	by a majority vote of the electorate of the county.
2366	(b)  The rate shall be up to 1 percent.
2367	(c)  If the proposal to adopt a discretionary sales surtax
2368	is to be adopted by a referendum as provided in this subsection,
2369	such proposal and to create a trust fund within the county
2370	accounts shall be placed on the ballot in accordance with law at
2371	a time to be set at the discretion of the governing body of the
2372	county.
2373	(d)  Proceeds from the surtax shall be distributed to the
2374	county and to each municipality within the county in which the
2375	surtax is collected, according to:
2376	1.  A separate interlocal agreement between the county
2377	governing body and the governing body of any municipality within
2378	the county; or
2379	2.  If there is no interlocal agreement between the county
2380	governing body and the governing body of any municipality within
2381	the county, the proceeds shall be distributed according to an
2382	apportionment factor for each eligible local government as
2383	specified in this subparagraph.
2384	a.  The apportionment factor for an eligible county shall
2385	be composed of two equally weighted portions as follows:
2386	(I)  Each eligible county's population in the
2387	unincorporated areas of the county as a percentage of the total
2388	county population as determined pursuant to s. 186.901.
2389	(II)  Each eligible county's percentage of centerline miles
2390	derived from the combined total number of centerline miles owned
2391	and maintained by the county and each municipality within the
2392	county as annually reported in the City/County Mileage Report
2393	promulgated by the Transportation Statistics Office within the
2394	Department of Transportation.
2395	b.  The apportionment factor for an eligible municipality
2396	shall be composed of two equally weighted portions as follows:
2397	(I)  Each eligible municipality's population as a
2398	percentage of the total county population as determined pursuant
2399	to s. 186.901.
2400	(II)  Each eligible municipality's percentage of centerline
2401	miles derived from the combined total number of centerline miles
2402	owned and maintained by the county and each municipality within
2403	the county as annually reported in the City/County Mileage
2404	Report promulgated by the Transportation Statistics Office
2405	within the Department of Transportation.
2406	(e)  A charter county that has adopted a surtax pursuant to
2407	this subsection by referendum as of July 1, 2006, shall not be
2408	required to distribute surtax proceeds pursuant to paragraph (d)
2409	but shall follow the procedures established in paragraph (f).
2410	Each charter county that adopted a charter prior to January 1,
2411	1984, and each county the government of which is consolidated
2412	with that of one or more municipalities, that adopts a surtax
2413	pursuant to this subsection by referendum after July 1, 2006,
2414	shall not be required to distribute surtax proceeds pursuant to
2415	paragraph (d) but shall follow the procedures established in
2416	paragraph (f). Pursuant to an interlocal agreement entered into
2417	pursuant to chapter 163, the governing body of the charter
2418	county may distribute proceeds from the tax to a municipality,
2419	or an expressway or transportation authority created by law, to
2420	be expended for the purposes authorized by paragraph (f).
2421	Interlocal agreements entered into as of July 1, 2006, pursuant
2422	to chapter 163 by the governing body of the county to distribute
2423	proceeds from the tax to a municipality or an expressway or
2424	transportation authority created by law shall not be affected by
2425	the changes made to this subsection by this act effective July
2426	1, 2006.
2427	(f)  Proceeds from the surtax shall be applied to as many
2428	or as few of the uses enumerated below in whatever combination
2429	the governing body of the municipality or the county commission
2430	deems appropriate:
2431	1.  Deposited by the governing body of the municipality or
2432	the county in the trust fund and shall be used for the purposes
2433	of development, construction, equipment, maintenance, operation,
2434	supportive services, including a countywide bus system, and
2435	related costs of a fixed guideway rapid transit system.;
2436	2.  Remitted by the governing body of the municipality or
2437	county to an expressway or transportation authority created by
2438	law to be used, at the discretion of such authority, for the
2439	development, construction, operation, or maintenance of roads,
2440	bicycle and pedestrian facilities, or bridges in the county or
2441	municipality, for the operation and maintenance of a bus system,
2442	for the payment of principal and interest on existing bonds
2443	issued for the construction of such roads, bicycle or pedestrian
2444	facilities, or bridges, and, upon approval by the governing body
2445	of the municipality or county commission, such proceeds may be
2446	pledged for bonds issued to refinance existing bonds or new
2447	bonds issued for the construction of such roads or bridges.;
2448	3.  Used by the charter county for the development,
2449	construction, operation, and maintenance of roads and bridges in
2450	the county; for the expansion, operation, and maintenance of bus
2451	and fixed guideway systems; and for the payment of principal and
2452	interest on bonds issued for the construction of fixed guideway
2453	rapid transit systems, bus systems, roads, or bridges; and such
2454	proceeds may be pledged by the governing body of the county for
2455	bonds issued to refinance existing bonds or new bonds issued for
2456	the construction of such fixed guideway rapid transit systems,
2457	bus systems, roads, or bridges and no more than 25 percent used
2458	for nontransit uses; and
2459	3.4.  Used by the governing body of the municipality or
2460	charter county for the planning, development, construction,
2461	operation, and maintenance of roads, bicycle and pedestrian
2462	facilities, and bridges in the county; for the planning,
2463	development, expansion, operation, and maintenance of bus and
2464	fixed guideway systems; and for the payment of principal and
2465	interest on bonds issued for the construction of fixed guideway
2466	rapid transit systems, bus systems, roads, bicycle and
2467	pedestrian facilities, or bridges; and such proceeds may be
2468	pledged by the governing body of the municipality or county for
2469	bonds issued to refinance existing bonds or new bonds issued for
2470	the construction of such fixed guideway rapid transit systems,
2471	bus systems, roads, bicycle and pedestrian facilities, or
2472	bridges. Pursuant to an interlocal agreement entered into
2473	pursuant to chapter 163, the governing body of the charter
2474	county may distribute proceeds from the tax to a municipality,
2475	or an expressway or transportation authority created by law to
2476	be expended for the purpose authorized by this paragraph.
2477	4.  Used by the county or municipality to fund regionally
2478	significant transportation projects identified in a regional
2479	transportation plan developed in accordance with s. 339.155(5)
2480	or to provide matching funds for the Transportation Regional
2481	Incentive Program in accordance with s. 339.2819 or the New
2482	Starts Transit Program as provided in s. 341.051.
2483	5.  Used by the county or municipality to fund projects
2484	identified in a capital improvements element of a comprehensive
2485	plan that has been determined to be in compliance with part II
2486	of chapter 163 or to implement a long-term concurrency
2487	management system adopted by a local government in accordance
2488	with s. 163.3177(3) or (9).
2489	Section 31.  Department of Transportation study of
2490	transportation facilities providing access to pari-mutuel
2491	facilities and Indian reservations; report and
2492	recommendations.--
2493	(1)  The Department of Transportation is directed to
2494	conduct a study of the impacts that slot machine gaming at pari-
2495	mutuel facilities and on Indian reservation lands is having on
2496	public roads and other transportation facilities, regarding
2497	traffic congestion and other mobility issues, facility
2498	maintenance and repair costs, emergency evacuation readiness,
2499	and costs of potential future widening or other improvements,
2500	and of other impacts on the motoring, nongaming public.
2501	(2)  The study shall include, but is not limited to, the
2502	following information:
2503	(a)  A listing, description, and functional classification
2504	of the access roads to and from pari-mutuel facilities and
2505	Indian reservations that conduct slot machine gaming in the
2506	state.
2507	(b)  An identification of the access roads identified under
2508	paragraph (a) that are either scheduled for improvements within
2509	the Department of Transportation's 5-year work program or are
2510	listed on the 20-year, long-range transportation plan of the
2511	department or a metropolitan planning organization.
2512	(c)  The most recent traffic counts on the access roads and
2513	projected future usage, as well as any projections of impacts on
2514	secondary, feeder, or connector roads, interstate highway exit
2515	and entrance ramps, or other area transportation facilities.
2516	(d)  The safety and maintenance ratings of each access road
2517	and a detailed review of impacts on the ability of local and
2518	state emergency management agencies to provide emergency or
2519	evacuation services.
2520	(e)  The estimated infrastructure costs to maintain,
2521	improve, or widen these access roads based on future projected
2522	needs.
2523	(f)  The feasibility of implementing tolls on these access
2524	roads or, if already tolled, raising the toll to offset and
2525	mitigate the impacts of traffic generated by pari-mutuel
2526	facility and Indian reservation slot machine gaming activities
2527	on nontribal communities in the state and to finance projected
2528	future improvements to the access roads.
2529	(3)  The department shall present its findings and
2530	recommendations in a report to be submitted to the Governor, the
2531	President of the Senate, and the Speaker of the House of
2532	Representatives by January 15, 2007. The report may include any
2533	department recommendations for proposed legislation.
2534	Section 32.  Beginning in fiscal year 2006-2007 and in
2535	every year thereafter, a sum in the amount of $400 million in
2536	recurring general revenue, adjusted by the percentage change in
2537	the average of the Consumer Price Index issued by the United
2538	States Department of Labor for the most recent 12-month period
2539	ending September 30 and rounded to the nearest dollar, is hereby
2540	appropriated to the Department of Transportation and transferred
2541	to the State Transportation Trust Fund for the purpose of
2542	financing fixed capital outlay projects for arterial highway
2543	construction.
2544	Section 33.  This act shall take effect July 1, 2006.

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