HB 7077

CS

CHAMBER ACTION

1	The Transportation & Economic Development Appropriations
2	Committee recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to transportation; amending s. 112.061,
8	F.S.; authorizing metropolitan planning organizations and
9	certain separate entities to establish per diem and travel
10	reimbursement rates; amending s. 121.021, F.S.; revising
11	the definition of "local agency employer" to include
12	metropolitan planning organizations and certain separate
13	entities for purposes of the Florida Retirement System
14	Act; revising the definition of "regularly established
15	position" to include positions in metropolitan planning
16	organizations; amending s. 121.051, F.S.; providing for
17	metropolitan planning organizations to participate in the
18	Florida Retirement System; amending s. 121.055, F.S.;
19	requiring certain metropolitan planning organization and
20	similar entity staff positions to be in the Senior
21	Management Service Class of the Florida Retirement System;
22	amending s. 121.061, F.S.; providing for enforcement of
23	certain employer funding contributions required under the
24	Florida Retirement System; authorizing deductions of
25	amounts owed from certain funds distributed to a
26	metropolitan planning organization; authorizing the
27	governing body of a metropolitan planning organization to
28	file and maintain an action in court to require an
29	employer to remit retirement or social security member
30	contributions or employer matching payments; amending s.
31	121.081, F.S.; providing for metropolitan planning
32	organization officers and staff to claim past service for
33	retirement benefits; amending s. 316.605, F.S.; providing
34	height and placement requirements for vehicle license
35	plates; prohibiting display that obscures identification
36	of the letters and numbers on a license plate; providing
37	penalties; amending s. 316.650, F.S.; revising procedures
38	for disposition of citations issued for failure to pay
39	toll; providing that the citation will not be submitted to
40	the court and no points will be assessed on the driver's
41	license if the person cited elects to make payment
42	directly to the governmental entity that issued the
43	citation; providing for reporting of the citation by the
44	governmental entity to the Department of Highway Safety
45	and Motor Vehicles; amending s. 318.14, F.S.; providing
46	for the amount required to be paid under certain
47	procedures for disposition of a citation issued for
48	failure to pay toll; providing for the person cited to
49	request a court hearing; amending s. 318.18, F.S.;
50	revising penalties for failure to pay a prescribed toll;
51	providing for disposition of amounts received by the clerk
52	of court; revising procedures for withholding of
53	adjudication; providing for suspension of a driver's
54	license under certain circumstances; amending s. 320.061,
55	F.S.; prohibiting interfering with the legibility, angular
56	visibility, or detectability of any feature or detail on a
57	license plate or interfering with the ability to
58	photograph or otherwise record any feature or detail on a
59	license plate; prohibiting advertising, sale,
60	distribution, purchase, or use of any product made for
61	such purpose; providing penalties; providing for a law
62	enforcement officer to issue a citation and confiscate a
63	cover or other device obstructing the visibility or
64	electronic image recording of a plate or to confiscate a
65	license plate physically treated with a substance or
66	material that is obstructing the visibility or electronic
67	image recording of the plate; requiring the Department of
68	Highway Safety and Motor Vehicles to revoke the
69	registration of a plate so altered; providing for the
70	Attorney General to file suit against any entity offering
71	or marketing a product advertised as having the capacity
72	to obstruct the visibility or electronic image recording
73	of a license plate; renumbering and amending s. 336.044,
74	F.S., relating to Department of Transportation use of
75	recovered materials in construction programs; adding
76	gypsum to the list of materials authorized for use in
77	certain demonstration projects; amending s. 338.161, F.S.;
78	providing for the Department of Transportation and certain
79	toll agencies to enter into agreements with public or
80	private entities for additional uses of electronic toll
81	collection products and services; amending s. 338.2216,
82	F.S.; changing the carryforward date on certain
83	undisbursed Florida Turnpike Enterprise funds; revising
84	the maximum amount that may be carried forward; amending
85	s. 338.2275, F.S.; raising the limit on outstanding bonds
86	to fund turnpike projects; amending s. 339.175, F.S.;
87	specifying that a metropolitan planning organization is a
88	separate legal entity independent of entities represented
89	on the M.P.O. and signatories to the agreement creating
90	the M.P.O.; providing for transfer of responsibilities and
91	liabilities to the new M.P.O. upon execution of a new
92	interlocal agreement by the governmental entities
93	constituting the M.P.O.; providing for selection of
94	certain officers; revising requirements for voting
95	membership; specifying certain constitutional and charter
96	officers are not elected officials of a general-purpose
97	local government for voting membership purposes;
98	establishing a process for appointing alternate members;
99	revising provisions for nonvoting advisers; revising
100	provisions for employment of staff by an M.P.O.; providing
101	for training of certain persons who serve on an M.P.O. for
102	certain purposes; providing additional powers and duties
103	of M.P.O.'s; directing M.P.O.'s to develop coordinated
104	transportation planning processes under certain
105	conditions; requiring a report; revising voting
106	requirements for approval of certain plans and programs
107	and amendments thereto; amending s. 20.23, F.S.; providing
108	that the salary and benefits of the executive director of
109	the Florida Transportation Commission shall be set in
110	accordance with the Senior Management Service; amending s.
111	332.007, F.S.; authorizing the Department of
112	Transportation to provide funds for certain general
113	aviation projects under certain circumstances;
114	redesignating part X of chapter 348, F.S.; creating part X
115	of chapter 348, F.S.; creating the "Osceola County
116	Expressway Authority Law"; providing definitions; creating
117	the authority as an agency of the state; providing for
118	membership, terms, organization, personnel, and
119	administration; providing purposes and powers for
120	construction, expansion, maintenance, improvement, and
121	operation of the Osceola County Expressway System;
122	providing for use of certain funds to pay obligations;
123	requiring consent of local and county jurisdiction for
124	agreements that would restrict construction of roads;
125	providing for bond financing of improvements to certain
126	facilities; providing for issuance of bonds; providing for
127	rights and remedies granted to bondholders; providing for
128	appointment of a trustee to represent the bondholders;
129	providing for appointment of a receiver to take possession
130	of and operate and maintain the system; providing for
131	lease of the system to the Department of Transportation
132	under a lease-purchase agreement; authorizing the
133	department to act in place of the authority under terms of
134	the lease-purchase agreement; requiring approval by the
135	county for certain provisions of the lease-purchase
136	agreement; providing that the system is part of the state
137	road system; authorizing the department to expend a
138	limited amount of funds; providing for the authority to
139	appoint the department as its agent for certain
140	construction purposes; authorizing the authority to
141	acquire property; limiting liability of the authority for
142	contamination existing on an acquired property; providing
143	for remedial acts necessary due to such contamination;
144	authorizing agreements between the authority and other
145	entities; providing a pledge of the state to bondholders;
146	exempting the authority from taxation; providing for
147	application and construction of the part; amending s.
148	373.036, F.S.; correcting a cross-reference; amending s.
149	373.406, F.S.; exempting certain transportation projects
150	from certain requirements for management and storage of
151	surface waters; amending ss. 373.4135 and 373.4136, F.S.;
152	correcting cross-references; amending s. 373.414, F.S.;
153	exempting certain transportation projects and activities
154	from specified public-interest criteria relating to
155	surface waters and wetlands; amending s. 373.4145, F.S.;
156	exempting certain transportation projects and activities
157	within the geographical jurisdiction of the Northwest
158	Florida Water Management District from certain permitting
159	requirements; creating s. 373.4146, F.S.; specifying
160	transportation projects and activities that are exempt
161	from certain requirements for management and storage of
162	surface waters; providing for application of certain
163	requirements relating to stormwater discharge, impact
164	review, acreage thresholds, wetland impacts and general
165	permits, and minimum width or acreage restrictions on
166	stormwater treatment facilities; directing the Department
167	of Environmental Protection, the water management
168	districts, and the Department of Transportation to develop
169	memorandums of understanding relating to the use of
170	sovereign submerged lands or other state-owned lands, a
171	method for determining the seasonal high groundwater table
172	elevation, and best management practices to treat or
173	minimize identified constituents of highway stormwater
174	runoff; providing for application of the memorandums to
175	transportation projects and activities; amending s.
176	348.0003, F.S.; revising the membership of expressway
177	authority governing boards in certain counties; amending
178	s. 348.0004, F.S.; providing for public notice of a
179	proposed toll increase by certain expressway authorities;
180	authorizing a transportation authority, bridge authority,
181	or toll authority to receive or solicit proposals and
182	enter into agreements with private entities for certain
183	transportation facility purposes; providing for
184	application of specified provisions to use of certain
185	additional powers by certain expressway authorities,
186	transportation authorities, bridge authorities, or toll
187	authorities; amending s. 348.754, F.S.; authorizing the
188	Orlando-Orange County Expressway Authority to waive
189	payment and performance bonds on certain construction
190	contracts if the contract is awarded pursuant to an
191	economic development program for the encouragement of
192	local small businesses; providing criteria for
193	participation in the program; providing criteria for the
194	bond waiver; providing for certain determinations by the
195	authority's executive director or a designee as to the
196	suitability of a project; providing for certain payment
197	obligations if a payment and performance bond is waived;
198	requiring the authority to record notice of the
199	obligation; limiting eligibility to bid on the projects;
200	providing for the authority to conduct bond eligibility
201	training for certain businesses; requiring the authority
202	to submit biennial reports to the Orange County
203	legislative delegation; amending s. 212.055, F.S.;
204	renaming the Charter County Transit System Surtax as the
205	County Transportation System Surtax; authorizing all
206	counties to levy a discretionary sales surtax upon
207	approval by the governing body and the electorate of the
208	county; providing for distribution to the county and
209	municipalities by interlocal agreement or a certain
210	apportionment formula; providing for distribution of the
211	surtax by certain charter counties; providing for
212	application to certain counties in which the surtax
213	currently exists; providing for application to existing
214	agreements; revising authorized uses of the surtax to
215	include bicycle and pedestrian facilities, certain
216	transportation projects and transit programs, certain
217	capital improvements, and concurrency management;
218	directing the Department of Transportation to conduct a
219	study of the access roads to pari-mutuel facilities and
220	Indian reservation lands where gaming activities occur;
221	providing for content of the study; requiring a report to
222	the Governor and the Legislature; providing an effective
223	date.
224
225	Be It Enacted by the Legislature of the State of Florida:
226
227	Section 1.  Subsection (14) of section 112.061, Florida
228	Statutes, is amended to read:
229	112.061  Per diem and travel expenses of public officers,
230	employees, and authorized persons.--
231	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
232	SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
233	(a)  Rates that exceed the maximum travel reimbursement
234	rates for nonstate travelers specified in paragraph (6)(a) for
235	per diem, in paragraph (6)(b) for subsistence, and in
236	subparagraph (7)(d)1. for mileage may be established by:
237	1.  The governing body of a county by the enactment of an
238	ordinance or resolution;
239	2.  A county constitutional officer, pursuant to s. 1(d),
240	Art. VIII of the State Constitution, by the establishment of
241	written policy;
242	3.  The governing body of a district school board by the
243	adoption of rules; or
244	4.  The governing body of a special district, as defined in
245	s. 189.403(1), except those special districts that are subject
246	to s. 166.021(10), by the enactment of a resolution; or
247	5.  Any metropolitan planning organization created pursuant
248	to s. 339.175, or any separate legal or administrative entity
249	created pursuant to s. 339.175 of which a metropolitan planning
250	organization is a member, by enactment of a resolution.
251	(b)  Rates established pursuant to paragraph (a) must apply
252	uniformly to all travel by the county, county constitutional
253	officer and entity governed by that officer, district school
254	board, or special district.
255	(c)  Except as otherwise provided in this subsection,
256	counties, county constitutional officers and entities governed
257	by those officers, district school boards, and special
258	districts, other than those subject to s. 166.021(10), remain
259	subject to the requirements of this section.
260	Section 2.  Paragraph (a) of subsection (42) and paragraph
261	(b) of subsection (52) of section 121.021, Florida Statutes, are
262	amended to read:
263	121.021  Definitions.--The following words and phrases as
264	used in this chapter have the respective meanings set forth
265	unless a different meaning is plainly required by the context:
266	(42)(a)  "Local agency employer" means the board of county
267	commissioners or other legislative governing body of a county,
268	however styled, including that of a consolidated or metropolitan
269	government; a clerk of the circuit court, sheriff, property
270	appraiser, tax collector, or supervisor of elections, provided
271	such officer is elected or has been appointed to fill a vacancy
272	in an elective office; a community college board of trustees or
273	district school board; or the governing body of any city,
274	metropolitan planning organization created pursuant to s.
275	339.175, or any separate legal or administrative entity created
276	pursuant to s. 339.175, or special district of the state which
277	participates in the system for the benefit of certain of its
278	employees.
279	(52)  "Regularly established position" is defined as
280	follows:
281	(b)  In a local agency (district school board, county
282	agency, community college, city, metropolitan planning
283	organization, or special district), the term means a regularly
284	established position which will be in existence for a period
285	beyond 6 consecutive months, except as provided by rule.
286	Section 3.  Paragraph (b) of subsection (2) of section
287	121.051, Florida Statutes, is amended to read:
288	121.051  Participation in the system.--
289	(2)  OPTIONAL PARTICIPATION.--
290	(b)1.  The governing body of any municipality, metropolitan
291	planning organization, or special district in the state may
292	elect to participate in the system upon proper application to
293	the administrator and may cover all or any of its units as
294	approved by the Secretary of Health and Human Services and the
295	administrator. The department shall adopt rules establishing
296	provisions for the submission of documents necessary for such
297	application. Prior to being approved for participation in the
298	Florida Retirement System, the governing body of any such
299	municipality, metropolitan planning organization, or special
300	district that has a local retirement system shall submit to the
301	administrator a certified financial statement showing the
302	condition of the local retirement system as of a date within 3
303	months prior to the proposed effective date of membership in the
304	Florida Retirement System. The statement must be certified by a
305	recognized accounting firm that is independent of the local
306	retirement system. All required documents necessary for
307	extending Florida Retirement System coverage must be received by
308	the department for consideration at least 15 days prior to the
309	proposed effective date of coverage. If the municipality,
310	metropolitan planning organization, or special district does not
311	comply with this requirement, the department may require that
312	the effective date of coverage be changed.
313	2.  Any city, metropolitan planning organization, or
314	special district that has an existing retirement system covering
315	the employees in the units that are to be brought under the
316	Florida Retirement System may participate only after holding a
317	referendum in which all employees in the affected units have the
318	right to participate. Only those employees electing coverage
319	under the Florida Retirement System by affirmative vote in said
320	referendum shall be eligible for coverage under this chapter,
321	and those not participating or electing not to be covered by the
322	Florida Retirement System shall remain in their present systems
323	and shall not be eligible for coverage under this chapter. After
324	the referendum is held, all future employees shall be compulsory
325	members of the Florida Retirement System.
326	3.  The governing body of any city, metropolitan planning
327	organization, or special district complying with subparagraph 1.
328	may elect to provide, or not provide, benefits based on past
329	service of officers and employees as described in s. 121.081(1).
330	However, if such employer elects to provide past service
331	benefits, such benefits must be provided for all officers and
332	employees of its covered group.
333	4.  Once this election is made and approved it may not be
334	revoked, except pursuant to subparagraphs 5. and 6., and all
335	present officers and employees electing coverage under this
336	chapter and all future officers and employees shall be
337	compulsory members of the Florida Retirement System.
338	5.  Subject to the conditions set forth in subparagraph 6.,
339	the governing body of any hospital licensed under chapter 395
340	which is governed by the board of a special district as defined
341	in s. 189.403(1) or by the board of trustees of a public health
342	trust created under s. 154.07, hereinafter referred to as
343	"hospital district," and which participates in the system, may
344	elect to cease participation in the system with regard to future
345	employees in accordance with the following procedure:
346	a.  No more than 30 days and at least 7 days before
347	adopting a resolution to partially withdraw from the Florida
348	Retirement System and establish an alternative retirement plan
349	for future employees, a public hearing must be held on the
350	proposed withdrawal and proposed alternative plan.
351	b.  From 7 to 15 days before such hearing, notice of intent
352	to withdraw, specifying the time and place of the hearing, must
353	be provided in writing to employees of the hospital district
354	proposing partial withdrawal and must be published in a
355	newspaper of general circulation in the area affected, as
356	provided by ss. 50.011-50.031. Proof of publication of such
357	notice shall be submitted to the Department of Management
358	Services.
359	c.  The governing body of any hospital district seeking to
360	partially withdraw from the system must, before such hearing,
361	have an actuarial report prepared and certified by an enrolled
362	actuary, as defined in s. 112.625(3), illustrating the cost to
363	the hospital district of providing, through the retirement plan
364	that the hospital district is to adopt, benefits for new
365	employees comparable to those provided under the Florida
366	Retirement System.
367	d.  Upon meeting all applicable requirements of this
368	subparagraph, and subject to the conditions set forth in
369	subparagraph 6., partial withdrawal from the system and adoption
370	of the alternative retirement plan may be accomplished by
371	resolution duly adopted by the hospital district board. The
372	hospital district board must provide written notice of such
373	withdrawal to the division by mailing a copy of the resolution
374	to the division, postmarked no later than December 15, 1995. The
375	withdrawal shall take effect January 1, 1996.
376	6.  Following the adoption of a resolution under sub-
377	subparagraph 5.d., all employees of the withdrawing hospital
378	district who were participants in the Florida Retirement System
379	prior to January 1, 1996, shall remain as participants in the
380	system for as long as they are employees of the hospital
381	district, and all rights, duties, and obligations between the
382	hospital district, the system, and the employees shall remain in
383	full force and effect. Any employee who is hired or appointed on
384	or after January 1, 1996, may not participate in the Florida
385	Retirement System, and the withdrawing hospital district shall
386	have no obligation to the system with respect to such employees.
387	Section 4.  Paragraph (l) is added to subsection (1) of
388	section 121.055, Florida Statutes, to read:
389	121.055  Senior Management Service Class.--There is hereby
390	established a separate class of membership within the Florida
391	Retirement System to be known as the "Senior Management Service
392	Class," which shall become effective February 1, 1987.
393	(1)
394	(l)  For each metropolitan planning organization that has
395	opted to become part of the Florida Retirement System,
396	participation in the Senior Management Service Class shall be
397	compulsory for the executive director or staff director of that
398	metropolitan planning organization or similar entity created
399	pursuant to s. 339.175.
400	Section 5.  Paragraphs (a) and (c) of subsection (2) of
401	section 121.061, Florida Statutes, are amended to read:
402	121.061  Funding.--
403	(2)(a)  Should any employer other than a state employer
404	fail to make the retirement and social security contributions,
405	both member and employer contributions, required by this
406	chapter, then, upon request by the administrator, the Department
407	of Revenue or the Department of Financial Services, as the case
408	may be, shall deduct the amount owed by the employer from any
409	funds to be distributed by it to the county, city, metropolitan
410	planning organization, special district, or consolidated form of
411	government. The amounts so deducted shall be transferred to the
412	administrator for further distribution to the trust funds in
413	accordance with this chapter.
414	(c)  The governing body of each county, city, metropolitan
415	planning organization, special district, or consolidated form of
416	government participating under this chapter or the
417	administrator, acting individually or jointly, is hereby
418	authorized to file and maintain an action in the courts of the
419	state to require any employer to remit any retirement or social
420	security member contributions or employer matching payments due
421	the retirement or social security trust funds under the
422	provisions of this chapter.
423	Section 6.  Paragraphs (a), (b), and (e) of subsection (1)
424	of section 121.081, Florida Statutes, are amended to read:
425	121.081  Past service; prior service;
426	contributions.--Conditions under which past service or prior
427	service may be claimed and credited are:
428	(1)(a)  Past service, as defined in s. 121.021(18), may be
429	claimed as creditable service by officers or employees of a
430	city, metropolitan planning organization, or special district
431	that become a covered group under this system. The governing
432	body of a covered group in compliance with s. 121.051(2)(b) may
433	elect to provide benefits with respect to past service earned
434	prior to January 1, 1975, in accordance with this chapter, and
435	the cost for such past service shall be established by applying
436	the following formula: The member contribution for both regular
437	and special risk members shall be 4 percent of the gross annual
438	salary for each year of past service claimed, plus 4-percent
439	employer matching contribution, plus 4 percent interest thereon
440	compounded annually, figured on each year of past service, with
441	interest compounded from date of annual salary earned until July
442	1, 1975, and 6.5 percent interest compounded annually thereafter
443	until date of payment. Once the total cost for a member has been
444	figured to date, then after July 1, 1975, 6.5 percent compounded
445	interest shall be added each June 30 thereafter on any unpaid
446	balance until the cost of such past service liability is paid in
447	full. The following formula shall be used in calculating past
448	service earned prior to January 1, 1975: (Annual gross salary
449	multiplied by 8 percent) multiplied by the 4 percent or 6.5
450	percent compound interest table factor, as may be applicable.
451	The resulting product equals cost to date for each particular
452	year of past service.
453	(b)  Past service earned after January 1, 1975, may be
454	claimed by officers or employees of a city, metropolitan
455	planning organization, or special district that becomes a
456	covered group under this system. The governing body of a covered
457	group may elect to provide benefits with respect to past service
458	earned after January 1, 1975, in accordance with this chapter,
459	and the cost for such past service shall be established by
460	applying the following formula: The employer shall contribute an
461	amount equal to the contribution rate in effect at the time the
462	service was earned, multiplied by the employee's gross salary
463	for each year of past service claimed, plus 6.5 percent interest
464	thereon, compounded annually, figured on each year of past
465	service, with interest compounded from date of annual salary
466	earned until date of payment.
467	(e)  Past service, as defined in s. 121.021(18), may be
468	claimed as creditable service by a member of the Florida
469	Retirement System who formerly was an officer or employee of a
470	city, metropolitan planning organization, or special district,
471	notwithstanding the status or form of the retirement system, if
472	any, of that city, metropolitan planning organization, or
473	special district and irrespective of whether officers or
474	employees of that city, metropolitan planning organization, or
475	special district now or hereafter become a covered group under
476	the Florida Retirement System. Such member may claim creditable
477	service and be entitled to the benefits accruing to the regular
478	class of members as provided for the past service claimed under
479	this paragraph by paying into the retirement trust fund an
480	amount equal to the total actuarial cost of providing the
481	additional benefit resulting from such past-service credit,
482	discounted by the applicable actuarial factors to date of
483	retirement.
484	Section 7.  Subsection (1) of section 316.605, Florida
485	Statutes, is amended to read:
486	316.605  Licensing of vehicles.--
487	(1)  Every vehicle, at all times while driven, stopped, or
488	parked upon any highways, roads, or streets of this state, shall
489	be licensed in the name of the owner thereof in accordance with
490	the laws of this state unless such vehicle is not required by
491	the laws of this state to be licensed in this state and shall,
492	except as otherwise provided in s. 320.0706 for front-end
493	registration license plates on truck tractors and s. 320.086(5)
494	which exempts display of license plates on described former
495	military vehicles, display the license plate or both of the
496	license plates assigned to it by the state, one on the rear and,
497	if two, the other on the front of the vehicle, each to be
498	securely fastened to the vehicle outside the main body of the
499	vehicle not higher than 60 inches and not lower than 12 inches
500	from the ground and in such manner as to prevent the plates from
501	swinging, and all letters, numerals, printing, writing, and
502	other identification marks upon the plates regarding the word
503	"Florida," the registration decal, and the alphanumeric
504	designation shall be clear and distinct and free from
505	defacement, mutilation, grease, and other obscuring matter, so
506	that they will be plainly visible and legible at all times 100
507	feet from the rear or front. Vehicle license plates shall be
508	affixed and displayed in such a manner that the letters and
509	numerals shall be read from left to right parallel to the
510	ground. No vehicle license plate may be displayed in an inverted
511	or reversed position or in such a manner that the letters and
512	numbers and their proper sequence are not readily identifiable.
513	Nothing shall be placed upon the face of a Florida plate except
514	as permitted by law or by rule or regulation of a governmental
515	agency. No license plates other than those furnished by the
516	state shall be used. However, if the vehicle is not required to
517	be licensed in this state, the license plates on such vehicle
518	issued by another state, by a territory, possession, or district
519	of the United States, or by a foreign country, substantially
520	complying with the provisions hereof, shall be considered as
521	complying with this chapter. A violation of this subsection is a
522	noncriminal traffic infraction, punishable as a nonmoving
523	violation as provided in chapter 318.
524	Section 8.  Paragraph (b) of subsection (3) of section
525	316.650, Florida Statutes, is amended to read:
526	316.650  Traffic citations.--
527	(3)
528	(b)  If a traffic citation is issued pursuant to s.
529	316.1001, a traffic enforcement officer may deposit the original
530	and one copy of such traffic citation or, in the case of a
531	traffic enforcement agency that has an automated citation
532	system, may provide an electronic facsimile with a court having
533	jurisdiction over the alleged offense or with its traffic
534	violations bureau within 45 days after the date of issuance of
535	the citation to the violator. If the person cited for the
536	violation of s. 316.1001 makes the election provided by s.
537	318.14(12) and pays the fine imposed by the toll authority plus
538	the amount of the unpaid toll that is shown on the traffic
539	citation directly to the governmental entity that issued the
540	citation in accordance with s. 318.14(12), the traffic citation
541	will not be submitted to the court, the disposition will be
542	reported to the department by the governmental entity that
543	issued the citation, and no points will be assessed against the
544	person's driver's license.
545	Section 9.  Subsection (12) of section 318.14, Florida
546	Statutes, is amended to read:
547	318.14  Noncriminal traffic infractions; exception;
548	procedures.--
549	(12)  Any person cited for a violation of s. 316.1001 may,
550	in lieu of making an election as set forth in subsection (4) or
551	s. 318.18(7), elect to pay a his or her fine of $25, or such
552	other amount as imposed by the toll authority, plus the amount
553	of the unpaid toll that is shown on the traffic citation
554	directly to the governmental entity that issued the citation,
555	within 30 days after the date of issuance of the citation. Any
556	person cited for a violation of s. 316.1001 who does not elect
557	to pay the fine imposed by the toll authority plus the amount of
558	the unpaid toll that is shown on the traffic citation directly
559	to the governmental entity that issued the citation as described
560	in this subsection section shall have an additional 45 days
561	after the date of the issuance of the citation in which to
562	request a court hearing or to pay the civil penalty and
563	delinquent fee, if applicable, as provided in s. 318.18(7),
564	either by mail or in person, in accordance with subsection (4).
565	Section 10.  Subsection (7) of section 318.18, Florida
566	Statutes, is amended to read:
567	318.18  Amount of civil penalties.--The penalties required
568	for a noncriminal disposition pursuant to s. 318.14 are as
569	follows:
570	(7)  Mandatory $150 plus the amount of the unpaid toll
571	shown on the traffic citation for each citation issued One
572	hundred dollars for a violation of s. 316.1001. The clerk of the
573	court shall forward $50 of the $150 fine received plus the
574	amount of the unpaid toll that is shown on the citation to the
575	governmental entity that issued the citation. If adjudication is
576	withheld or there is a plea arrangement prior to a hearing,
577	there shall be a minimum mandatory cost assessed per citation of
578	$100 plus the amount of the unpaid toll for each citation
579	issued. The clerk of the court shall forward $50 of the $100
580	plus the amount of the unpaid toll as shown on the citation to
581	the governmental entity that issued the citation. The court
582	shall have specific authority to consolidate issued citations
583	for the same defendant for the purpose of sentencing and
584	aggregate jurisdiction. In addition, the department shall
585	suspend for 60 days the driver's license of a person who is
586	convicted of 10 violations of s. 316.1001 within a 36-month
587	period. However, a person may elect to pay $30 to the clerk of
588	the court, in which case adjudication is withheld, and no points
589	are assessed under s. 322.27. Upon receipt of the fine, the
590	clerk of the court must retain $5 for administrative purposes
591	and must forward the $25 to the governmental entity that issued
592	the citation. Any funds received by a governmental entity for
593	this violation may be used for any lawful purpose related to the
594	operation or maintenance of a toll facility.
595	Section 11.  Section 320.061, Florida Statutes, is amended
596	to read:
597	320.061  Unlawful to alter motor vehicle registration
598	certificates, license plates, mobile home stickers, or
599	validation stickers or to obscure license plates; penalty.--
600	(1)  No person shall alter the original appearance of any
601	registration license plate, mobile home sticker, validation
602	sticker, or vehicle registration certificate issued for and
603	assigned to any motor vehicle or mobile home, whether by
604	mutilation, alteration, defacement, or change of color or in any
605	other manner. Any person who violates the provisions of this
606	subsection commits section is guilty of a misdemeanor of the
607	second degree, punishable as provided in s. 775.082 or s.
608	775.083.
609	(2)(a)  No person shall apply or attach any substance,
610	reflective matter, illuminated device, spray, coating, covering,
611	or other material onto or around any license plate that
612	interferes with the legibility, angular visibility, or
613	detectability of any feature or detail on the license plate or
614	interferes with the ability to photograph or otherwise record
615	any feature or detail on the license plate. The advertising,
616	sale, distribution, purchase, or use of any product made for the
617	purpose of interfering with the legibility, angular visibility,
618	or detectability of any feature or detail on a license plate or
619	interfering with the ability to photograph or otherwise record
620	any feature or detail on a license plate is prohibited. Any
621	person who violates this paragraph commits a misdemeanor of the
622	second degree, punishable as provided in s. 775.082 or s.
623	775.083.
624	(b)  If a state or local law enforcement officer having
625	jurisdiction observes that a cover or other device is
626	obstructing the visibility or electronic image recording of a
627	license plate, the officer shall issue a uniform traffic
628	citation and shall confiscate the cover or other device that
629	obstructs the visibility or electronic image recording of the
630	plate. If a state or local law enforcement officer having
631	jurisdiction observes that a license plate has been physically
632	treated with a substance, reflective matter, spray, coating, or
633	other material that is obstructing the visibility or electronic
634	image recording of the plate, the officer shall issue a uniform
635	traffic citation and shall confiscate the plate. The department
636	shall revoke the registration of any plate that has been found
637	by a court to have been physically altered with any chemical or
638	reflective substance or coating that obstructs the visibility or
639	electronic image recording of the plate.
640	(c)  The Attorney General may file suit against any
641	individual or entity offering or marketing the sale of,
642	including via the Internet, any product advertised as having the
643	capacity to obstruct the visibility or electronic image
644	recording of a license plate. In addition to injunctive and
645	monetary relief, punitive damages, and attorney's fees, the suit
646	shall also seek a full accounting of the records of all sales to
647	residents of or entities within this state.
648	Section 12.  Section 336.044, Florida Statutes, is
649	renumbered as section 334.70, Florida Statutes, and amended to
650	read:
651	334.70 336.044  Use of recyclable materials in
652	construction.--
653	(1)  It is the intent of the Legislature that the
654	Department of Transportation continue to expand its current use
655	of recovered materials in its construction programs.
656	(2)  The Legislature declares it to be in the public
657	interest to find alternative ways to use certain recyclable
658	materials that currently are part of the solid waste stream and
659	that contribute to problems of declining space in landfills. To
660	determine the feasibility of using certain recyclable materials
661	for paving materials, the department may undertake demonstration
662	projects using the following materials in road construction:
663	(a)  Ground rubber from automobile tires in road
664	resurfacing or subbase materials for roads.;
665	(b)  Ash residue from coal combustion byproducts for
666	concrete and ash residue from waste incineration facilities and
667	oil combustion byproducts for subbase material.;
668	(c)  Recycled mixed-plastic material for guardrail posts or
669	right-of-way fence posts.;
670	(d)  Construction steel, including reinforcing rods and I-
671	beams, manufactured from scrap metals disposed of in the state.;
672	and
673	(e)  Glass, and glass aggregates.
674	(f)  Gypsum.
675	(3)  The department shall review and revise existing bid
676	procedures and specifications for the purchase or use of
677	products and materials to eliminate any procedures and
678	specifications that explicitly discriminate against products and
679	materials with recycled content, except where such procedures
680	and specifications are necessary to protect the health, safety,
681	and welfare of the people of this state.
682	(4)  The department shall review and revise its bid
683	procedures and specifications on a continuing basis to encourage
684	the use of products and materials with recycled content and
685	shall, in developing new procedures and specifications,
686	encourage the use of products and materials with recycled
687	content.
688	(5)  All agencies shall cooperate with the department in
689	carrying out the provisions of this section.
690	Section 13.  Subsection (3) is added to section 338.161,
691	Florida Statutes, to read:
692	338.161  Authority of department to advertise and promote
693	electronic toll collection.--
694	(3)  The department or any toll agency created by statute
695	is authorized to incur expenses and advertise or promote
696	electronic toll collection through agreements with any private
697	or public entity that provides for additional uses of its
698	electronic toll collection products and services on or off the
699	turnpike or toll system, provided that the department or toll
700	agency has determined it can increase nontoll revenues or add
701	convenience or other value for its customers.
702	Section 14.  Paragraph (b) of subsection (3) of section
703	338.2216, Florida Statutes, is amended to read:
704	338.2216  Florida Turnpike Enterprise; powers and
705	authority.--
706	(3)
707	(b)  Notwithstanding the provisions of s. 216.301 to the
708	contrary and in accordance with s. 216.351, the Executive Office
709	of the Governor shall, on July 1 of each year, certify forward
710	all unexpended funds appropriated or provided pursuant to this
711	section for the turnpike enterprise. Of the unexpended funds
712	certified forward, any unencumbered amounts shall be carried
713	forward. Such funds carried forward shall not exceed 5 percent
714	of the original approved total operating budget, as defined in
715	s. 216.181(1), of the turnpike enterprise. Funds carried forward
716	pursuant to this section may be used for any lawful purpose,
717	including, but not limited to, promotional and market
718	activities, technology, and training. Any certified forward
719	funds remaining undisbursed on September 30 December 31 of each
720	year shall be carried forward.
721	Section 15.  Subsection (1) of section 338.2275, Florida
722	Statutes, is amended to read:
723	338.2275  Approved turnpike projects.--
724	(1)  Legislative approval of the department's tentative
725	work program that contains the turnpike project constitutes
726	approval to issue bonds as required by s. 11(f), Art. VII of the
727	State Constitution. No more than $6 billion of bonds may be
728	outstanding to fund approved turnpike projects. Turnpike
729	projects approved to be included in future tentative work
730	programs include, but are not limited to, projects contained in
731	the 2003-2004 tentative work program. A maximum of $4.5 billion
732	of bonds may be issued to fund approved turnpike projects.
733	Section 16.  Paragraphs (e) and (f) are added to subsection
734	(1) of section 339.175, Florida Statutes, and paragraphs (a) and
735	(b) of subsection (2), paragraphs (a) and (b) of subsection (3),
736	and subsections (5) and (12) of that section are amended, to
737	read:
738	339.175  Metropolitan planning organization.--It is the
739	intent of the Legislature to encourage and promote the safe and
740	efficient management, operation, and development of surface
741	transportation systems that will serve the mobility needs of
742	people and freight within and through urbanized areas of this
743	state while minimizing transportation-related fuel consumption
744	and air pollution. To accomplish these objectives, metropolitan
745	planning organizations, referred to in this section as M.P.O.'s,
746	shall develop, in cooperation with the state and public transit
747	operators, transportation plans and programs for metropolitan
748	areas. The plans and programs for each metropolitan area must
749	provide for the development and integrated management and
750	operation of transportation systems and facilities, including
751	pedestrian walkways and bicycle transportation facilities that
752	will function as an intermodal transportation system for the
753	metropolitan area, based upon the prevailing principles provided
754	in s. 334.046(1). The process for developing such plans and
755	programs shall provide for consideration of all modes of
756	transportation and shall be continuing, cooperative, and
757	comprehensive, to the degree appropriate, based on the
758	complexity of the transportation problems to be addressed. To
759	ensure that the process is integrated with the statewide
760	planning process, M.P.O.'s shall develop plans and programs that
761	identify transportation facilities that should function as an
762	integrated metropolitan transportation system, giving emphasis
763	to facilities that serve important national, state, and regional
764	transportation functions. For the purposes of this section,
765	those facilities include the facilities on the Strategic
766	Intermodal System designated under s. 339.63 and facilities for
767	which projects have been identified pursuant to s. 339.2819(4).
768	(1)  DESIGNATION.--
769	(e)  An M.P.O. is a public body corporate and politic. The
770	members of the governing body shall be the members of the
771	agency, but such members constitute the head of a legal entity
772	separate, distinct, and independent from the governing body of
773	any county, municipality, or other entity that is an entity
774	represented on the M.P.O. or a signatory to the interlocal
775	agreement creating the M.P.O. Upon execution of a new interlocal
776	agreement by the governmental entities constituting the M.P.O.
777	after redesignation or reapportionment, the new M.P.O. is
778	subject to all of the responsibilities and liabilities imposed
779	or incurred by the existing agency.
780	(f)  The governing body of the M.P.O. shall designate, at
781	minimum, a chair, vice chair, and agency clerk. The chair and
782	vice chair shall be selected from among the members of the
783	governing board. The agency clerk shall be a member of the
784	governing board, an employee of the M.P.O., or another natural
785	person and shall be charged with the responsibility of preparing
786	meeting minutes and maintaining agency records.
787
788	Each M.P.O. required under this section must be fully operative
789	no later than 6 months following its designation.
790	(2)  VOTING MEMBERSHIP.--
791	(a)  The voting membership of an M.P.O. shall consist of
792	not fewer than 5 or more than 19 apportioned members, the exact
793	number to be determined on an equitable geographic-population
794	ratio basis by the Governor, based on an agreement among the
795	affected units of general-purpose local government as required
796	by federal rules and regulations. The Governor, in accordance
797	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
798	represent municipalities to alternate with representatives from
799	other municipalities within the metropolitan planning area that
800	do not have members on the M.P.O. County commission members
801	shall compose not less than one-third of the M.P.O. membership,
802	except for an M.P.O. with more than 15 members located in a
803	county with a 5-member five-member county commission or an
804	M.P.O. with 19 members located in a county with no more than 6
805	county commissioners, in which case county commission members
806	may compose less than one-third percent of the M.P.O.
807	membership, but all county commissioners must be members. All
808	voting members shall be elected officials of general-purpose
809	local governments, except that an M.P.O. may include, as part of
810	its apportioned voting members, a member of a statutorily
811	authorized planning board, an official of an agency that
812	operates or administers a major mode of transportation, or an
813	official of the Florida Space Authority. As used in this
814	section, elected officials of a general-purpose local government
815	shall exclude constitutional or charter officers, including
816	sheriffs, tax collectors, supervisors of elections, property
817	appraisers, clerks of the court, and similar types of officials.
818	County commissioners The county commission shall compose not
819	less than 20 percent of the M.P.O. membership if an official of
820	an agency that operates or administers a major mode of
821	transportation has been appointed to an M.P.O.
822	(b)  In metropolitan areas in which authorities or other
823	agencies have been or may be created by law to perform
824	transportation functions and are performing transportation
825	functions that are not under the jurisdiction of a general-
826	purpose general purpose local government represented on the
827	M.P.O., they shall be provided voting membership on the M.P.O.
828	In all other M.P.O.'s where transportation authorities or
829	agencies are to be represented by elected officials from
830	general-purpose general purpose local governments, the M.P.O.
831	shall establish a process by which the collective interests of
832	such authorities or other agencies are expressed and conveyed.
833	(3)  APPORTIONMENT.--
834	(a)  The Governor shall, with the agreement of the affected
835	units of general-purpose local government as required by federal
836	rules and regulations, apportion the membership on the
837	applicable M.P.O. among the various governmental entities within
838	the area. At the request of a majority of the affected units of
839	general-purpose local government comprising an M.P.O., the
840	Governor and a majority of units of general-purpose local
841	governments serving on an M.P.O. and shall cooperatively agree
842	upon and prescribe who may serve as an alternate member and a
843	method for appointing alternate members who may vote at any
844	M.P.O. meeting that an alternate member attends in place of a
845	regular member. The methodology shall be set forth as a part of
846	the interlocal agreement describing the M.P.O.'s membership or
847	in the M.P.O.'s operating procedures and bylaws. An appointed
848	alternate member must be an elected official serving the same
849	governmental entity or a general-purpose local government with
850	jurisdiction within all or part of the area that the regular
851	member serves. The governmental entity so designated shall
852	appoint the appropriate number of members to the M.P.O. from
853	eligible officials. Representatives of the department shall
854	serve as nonvoting members of the M.P.O. governing board.
855	Nonvoting advisers may be appointed by the M.P.O. as deemed
856	necessary; however, to the maximum extent feasible, each M.P.O.
857	shall seek to appoint nonvoting representatives of various
858	multimodal forms of transportation not otherwise represented by
859	voting members of the M.P.O. An M.P.O. shall appoint nonvoting
860	advisers representing major military installations upon the
861	request of the major military installations and subject to the
862	agreement of the M.P.O. All nonvoting advisers may attend and
863	participate fully in governing board meetings but shall not vote
864	and shall not be members of the governing board. The Governor
865	shall review the composition of the M.P.O. membership in
866	conjunction with the decennial census as prepared by the United
867	States Department of Commerce, Bureau of the Census, and
868	reapportion it as necessary to comply with subsection (2).
869	(b)  Except for members who represent municipalities on the
870	basis of alternating with representatives from other
871	municipalities that do not have members on the M.P.O. as
872	provided in paragraph (2)(a), the members of an M.P.O. shall
873	serve 4-year terms. Members who represent municipalities on the
874	basis of alternating with representatives from other
875	municipalities that do not have members on the M.P.O. as
876	provided in paragraph (2)(a) may serve terms of up to 4 years as
877	further provided in the interlocal agreement described in
878	paragraph (1)(b). The membership of a member who is a public
879	official automatically terminates upon the member's leaving his
880	or her elective or appointive office for any reason, or may be
881	terminated by a majority vote of the total membership of the
882	entity's governing board a county or city governing entity
883	represented by the member. A vacancy shall be filled by the
884	original appointing entity. A member may be reappointed for one
885	or more additional 4-year terms.
886	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
887	privileges, and authority of an M.P.O. are those specified in
888	this section or incorporated in an interlocal agreement
889	authorized under s. 163.01. Each M.P.O. shall perform all acts
890	required by federal or state laws or rules, now and subsequently
891	applicable, which are necessary to qualify for federal aid. It
892	is the intent of this section that each M.P.O. shall be involved
893	in the planning and programming of transportation facilities,
894	including, but not limited to, airports, intercity and high-
895	speed rail lines, seaports, and intermodal facilities, to the
896	extent permitted by state or federal law.
897	(a)  Each M.P.O. shall, in cooperation with the department,
898	develop:
899	1.  A long-range transportation plan pursuant to the
900	requirements of subsection (6);
901	2.  An annually updated transportation improvement program
902	pursuant to the requirements of subsection (7); and
903	3.  An annual unified planning work program pursuant to the
904	requirements of subsection (8).
905	(b)  In developing the long-range transportation plan and
906	the transportation improvement program required under paragraph
907	(a), each M.P.O. shall provide for consideration of projects and
908	strategies that will:
909	1.  Support the economic vitality of the metropolitan area,
910	especially by enabling global competitiveness, productivity, and
911	efficiency;
912	2.  Increase the safety and security of the transportation
913	system for motorized and nonmotorized users;
914	3.  Increase the accessibility and mobility options
915	available to people and for freight;
916	4.  Protect and enhance the environment, promote energy
917	conservation, and improve quality of life;
918	5.  Enhance the integration and connectivity of the
919	transportation system, across and between modes, for people and
920	freight;
921	6.  Promote efficient system management and operation; and
922	7.  Emphasize the preservation of the existing
923	transportation system.
924	(c)  In order to provide recommendations to the department
925	and local governmental entities regarding transportation plans
926	and programs, each M.P.O. shall:
927	1.  Prepare a congestion management system for the
928	metropolitan area and cooperate with the department in the
929	development of all other transportation management systems
930	required by state or federal law;
931	2.  Assist the department in mapping transportation
932	planning boundaries required by state or federal law;
933	3.  Assist the department in performing its duties relating
934	to access management, functional classification of roads, and
935	data collection;
936	4.  Execute all agreements or certifications necessary to
937	comply with applicable state or federal law;
938	5.  Represent all the jurisdictional areas within the
939	metropolitan area in the formulation of transportation plans and
940	programs required by this section; and
941	6.  Perform all other duties required by state or federal
942	law.
943	(d)  Each M.P.O. shall appoint a technical advisory
944	committee that includes planners; engineers; representatives of
945	local aviation authorities, port authorities, and public transit
946	authorities or representatives of aviation departments, seaport
947	departments, and public transit departments of municipal or
948	county governments, as applicable; the school superintendent of
949	each county within the jurisdiction of the M.P.O. or the
950	superintendent's designee; and other appropriate representatives
951	of affected local governments. In addition to any other duties
952	assigned to it by the M.P.O. or by state or federal law, the
953	technical advisory committee is responsible for considering safe
954	access to schools in its review of transportation project
955	priorities, long-range transportation plans, and transportation
956	improvement programs, and shall advise the M.P.O. on such
957	matters. In addition, the technical advisory committee shall
958	coordinate its actions with local school boards and other local
959	programs and organizations within the metropolitan area which
960	participate in school safety activities, such as locally
961	established community traffic safety teams. Local school boards
962	must provide the appropriate M.P.O. with information concerning
963	future school sites and in the coordination of transportation
964	service.
965	(e)1.  Each M.P.O. shall appoint a citizens' advisory
966	committee, the members of which serve at the pleasure of the
967	M.P.O. The membership on the citizens' advisory committee must
968	reflect a broad cross section of local residents with an
969	interest in the development of an efficient, safe, and cost-
970	effective transportation system. Minorities, the elderly, and
971	the handicapped must be adequately represented.
972	2.  Notwithstanding the provisions of subparagraph 1., an
973	M.P.O. may, with the approval of the department and the
974	applicable federal governmental agency, adopt an alternative
975	program or mechanism to ensure citizen involvement in the
976	transportation planning process.
977	(f)  The department shall allocate to each M.P.O., for the
978	purpose of accomplishing its transportation planning and
979	programming duties, an appropriate amount of federal
980	transportation planning funds.
981	(g)  Each M.P.O. shall have an executive or staff director,
982	who reports directly to the M.P.O. governing board for all
983	matters regarding the administration and operation of the
984	M.P.O., and any additional personnel as deemed necessary. The
985	executive director and any additional personnel may be employed
986	either by an M.P.O. or by another governmental entity, such as a
987	county, city, or regional planning council, that has a signed
988	staff services agreement in effect with the M.P.O. In addition,
989	an M.P.O. may employ personnel or may enter into contracts with
990	local or state governmental agencies, private planning or
991	engineering firms, or other private engineering firms to
992	accomplish its transportation planning and programming duties
993	and administrative functions required by state or federal law.
994	(h)  Each M.P.O. shall provide training opportunities for
995	local elected officials and others who serve on an M.P.O. in
996	order to enhance their knowledge, effectiveness, and
997	participation in the urbanized area transportation planning
998	process. The training opportunities may be conducted by an
999	individual M.P.O. or through statewide and federal training
1000	programs and initiatives that are specifically designed to meet
1001	the needs of M.P.O. board members.
1002	(i)  In addition to the powers set forth in this section,
1003	M.P.O.'s shall have the powers set forth in this paragraph. The
1004	enumeration of the following powers is not intended to be an
1005	exhaustive list of all M.P.O. powers:
1006	1.  To grant, sell, hold, donate, dedicate, or lease or
1007	otherwise convey title, easements, or use rights in real
1008	property, including tax-reverted real property, title to which
1009	is in such public agency or separate legal entity, to any other
1010	public agency or separate legal entity created under interlocal
1011	agreement. Real property and interests in real property granted
1012	or conveyed to an M.P.O. shall be for a public purpose that may
1013	not necessarily be contemplated in the interlocal agreement.
1014	2.  To appropriate funds and sell, give, or otherwise
1015	supply personnel, services, facilities, property, franchises, or
1016	funds thereof to any party designated to operate the joint or
1017	cooperative undertaking.
1018	3.  To receive grants-in-aid or other assistance funds from
1019	the Federal Government or this state for use in carrying out
1020	transportation-related purposes.
1021	4.  To have all of the privileges and immunities from
1022	liability as set forth in the State Constitution, s. 768.28, and
1023	otherwise and to have exemptions from laws, ordinances, and
1024	rules applicable to public agencies of the state. An M.P.O.
1025	shall ascertain whether, as a separate and distinct body politic
1026	and corporate entity, it should purchase separate public
1027	liability or workers' compensation insurance.
1028	5.  To have and provide pensions and relief, disability
1029	benefits, workers' compensation, employee salary compensation
1030	and reimbursement, and other benefits which apply to the
1031	activity of its officers or employees when performing their
1032	respective functions.
1033	6.  To employ agencies or employees.
1034	7.  To acquire, construct, manage, maintain, or operate
1035	buildings, works, or improvements.
1036	8.  To incur debts, liabilities, or obligations that do not
1037	constitute the debts, liabilities, or obligations of any of the
1038	parties to the agreement unless specifically and in writing
1039	assumed by any of the parties to the interlocal agreement
1040	creating the M.P.O.
1041	9.  To appoint a legal counsel or legal staff of its
1042	choice. If the legal counsel is also an attorney for an entity
1043	that is a member of the M.P.O., both the M.P.O. governing board
1044	and the member entity's governing body shall waive any potential
1045	for ethical conflict.
1046	10.  In addition to its other powers as set forth in this
1047	section and in s. 163.01, to have such powers as are provided
1048	for under federal law or federal administrative rules.
1049	(j)(h)  A chair's coordinating committee is created,
1050	composed of the M.P.O.'s serving Hernando, Hillsborough,
1051	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The
1052	committee must, at a minimum:
1053	1.  Coordinate transportation projects deemed to be
1054	regionally significant by the committee.
1055	2.  Review the impact of regionally significant land use
1056	decisions on the region.
1057	3.  Review all proposed regionally significant
1058	transportation projects in the respective transportation
1059	improvement programs which affect more than one of the M.P.O.'s
1060	represented on the committee.
1061	4.  Institute a conflict resolution process to address any
1062	conflict that may arise in the planning and programming of such
1063	regionally significant projects.
1064	(k)(i)1.  The Legislature finds that the state's rapid
1065	growth in recent decades has caused many urbanized areas subject
1066	to M.P.O. jurisdiction to become contiguous to each other. As a
1067	result, various transportation projects may cross from the
1068	jurisdiction of one M.P.O. into the jurisdiction of another
1069	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
1070	have been mandated, M.P.O.'s shall develop coordination
1071	mechanisms with one another to expand and improve transportation
1072	within the state. The appropriate method of coordination between
1073	M.P.O.'s shall vary depending upon the project involved and
1074	given local and regional needs. Consequently, it is appropriate
1075	to set forth a flexible methodology that can be used by M.P.O.'s
1076	to coordinate with other M.P.O.'s and appropriate political
1077	subdivisions as circumstances demand.
1078	2.  Any M.P.O. may join with any other M.P.O. or any
1079	individual political subdivision to coordinate activities or to
1080	achieve any federal or state transportation planning or
1081	development goals or purposes consistent with federal or state
1082	law. When an M.P.O. determines that it is appropriate to join
1083	with another M.P.O. or any political subdivision to coordinate
1084	activities, the M.P.O. or political subdivision shall enter into
1085	an interlocal agreement pursuant to s. 163.01, which, at a
1086	minimum, creates a separate legal or administrative entity to
1087	coordinate the transportation planning or development activities
1088	required to achieve the goal or purpose; provides provide the
1089	purpose for which the entity is created; provides provide the
1090	duration of the agreement and the entity, and specifies specify
1091	how the agreement may be terminated, modified, or rescinded;
1092	describes describe the precise organization of the entity,
1093	including who has voting rights on the governing board, whether
1094	alternative voting members are provided for, how voting members
1095	are appointed, and what the relative voting strength is for each
1096	constituent M.P.O. or political subdivision; provides provide
1097	the manner in which the parties to the agreement will provide
1098	for the financial support of the entity and payment of costs and
1099	expenses of the entity; provides provide the manner in which
1100	funds may be paid to and disbursed from the entity; and provides
1101	provide how members of the entity will resolve disagreements
1102	regarding interpretation of the interlocal agreement or disputes
1103	relating to the operation of the entity. Such interlocal
1104	agreement shall become effective upon its recordation in the
1105	official public records of each county in which a member of the
1106	entity created by the interlocal agreement has a voting member.
1107	This paragraph does not require any M.P.O.'s to merge, combine,
1108	or otherwise join together as a single M.P.O.
1109	3.  Each M.P.O. located within an urbanized area consisting
1110	of more than one M.P.O., or located in an urbanized area that is
1111	immediately adjacent to an M.P.O. serving a different urbanized
1112	area, shall coordinate with other M.P.O.'s in the urbanized area
1113	or the contiguous and adjacent M.P.O.'s to develop a report
1114	demonstrating how a coordinated transportation planning process
1115	is being developed and the results of the coordinated planning
1116	process. The report should include the progress on implementing
1117	a coordinated long-range transportation plan covering the
1118	combined metropolitan planning area that serves as the basis for
1119	the transportation improvement program of each M.P.O., separate
1120	and coordinated long-range transportation plans for the affected
1121	M.P.O.'s, a coordinated priority process for regional projects,
1122	and a regional public involvement process. The report shall be
1123	submitted to members of the M.P.O.'s local legislative
1124	delegation by no later than February of each even-numbered year
1125	and may be submitted as a joint report by two or more M.P.O.'s
1126	or separate coordinated reports by individual M.P.O.'s.
1127	(12)  VOTING REQUIREMENTS.--Each long-range transportation
1128	plan required pursuant to subsection (6), each annually updated
1129	Transportation Improvement Program required under subsection
1130	(7), and each amendment that affects projects in the first 3
1131	years of such plans and programs must be approved by each M.P.O.
1132	on a supermajority recorded roll call vote or hand-counted vote
1133	of a majority plus one of the membership present.
1134	Section 17.  Paragraph (h) of subsection (2) of section
1135	20.23, Florida Statutes, is amended to read:
1136	20.23  Department of Transportation.--There is created a
1137	Department of Transportation which shall be a decentralized
1138	agency.
1139	(2)
1140	(h)  The commission shall appoint an executive director and
1141	assistant executive director, who shall serve under the
1142	direction, supervision, and control of the commission. The
1143	executive director, with the consent of the commission, shall
1144	employ such staff as are necessary to perform adequately the
1145	functions of the commission, within budgetary limitations. All
1146	employees of the commission are exempt from part II of chapter
1147	110 and shall serve at the pleasure of the commission. The
1148	salaries and benefits of all employees of the commission, except
1149	for the executive director, shall be set in accordance with the
1150	Selected Exempt Service; provided, however, that the salary and
1151	benefits of the executive director shall be set in accordance
1152	with the Senior Management Service. The commission shall have
1153	complete authority for fixing the salary of the executive
1154	director and assistant executive director.
1155	Section 18.  Paragraph (c) of subsection (6) of section
1156	332.007, Florida Statutes, is amended to read:
1157	332.007  Administration and financing of aviation and
1158	airport programs and projects; state plan.--
1159	(6)  Subject to the availability of appropriated funds, the
1160	department may participate in the capital cost of eligible
1161	public airport and aviation development projects in accordance
1162	with the following rates, unless otherwise provided in the
1163	General Appropriations Act or the substantive bill implementing
1164	the General Appropriations Act:
1165	(c)  When federal funds are not available, the department
1166	may fund up to 80 percent of master planning and eligible
1167	aviation development projects at publicly owned, publicly
1168	operated airports. If federal funds are available but
1169	insufficient to meet the maximum authorized federal share, the
1170	department may fund up to 80 percent of the nonfederal share of
1171	such projects. Such funding is limited to airports that have no
1172	scheduled commercial service.
1173	Section 19.  Part X of chapter 348, Florida Statutes, is
1174	redesignated as part XI, and a new part X, consisting of
1175	sections 348.9801, 348.9802, 348.9803, 348.9804, 348.9805,
1176	348.9806, 348.9807, 348.9808, 348.9809, 348.9811, 348.9812,
1177	348.9813, 348.9814, 348.9815, 348.9816, and 348.9817, is added
1178	to that chapter to read:
1179	PART X
1180	Osceola County Expressway Authority
1181	348.9801  Short title.--This part may be cited as the
1182	"Osceola County Expressway Authority Law."
1183	348.9802  Definitions.--The following terms, whenever used
1184	or referred to in this part, shall have the following meanings,
1185	except in those instances where the context clearly indicates
1186	otherwise:
1187	(1)  "Agency of the state" means and includes the state and
1188	any department of, or corporation, agency, or instrumentality
1189	heretofore or hereafter created, designated, or established by,
1190	the state.
1191	(2)  "Authority" means the body politic and corporate and
1192	agency of the state created by this part.
1193	(3)  "Bonds" means and includes the notes, bonds, refunding
1194	bonds, or other evidences of indebtedness or obligations, in
1195	either temporary or definitive form, which the authority is
1196	authorized to issue pursuant to this part.
1197	(4)  "County" means Osceola County.
1198	(5)  "Department" means the Department of Transportation.
1199	(6)  "Expressway" is the same as limited access expressway.
1200	(7)  "Federal agency" means and includes the United States,
1201	the President of the United States, and any department of or
1202	corporation, agency, or instrumentality heretofore or hereafter
1203	created, designated, or established by the United States.
1204	(8)  "Lease-purchase agreement" means the lease-purchase
1205	agreements which the authority is authorized pursuant to this
1206	part to enter into with the department.
1207	(9)  "Limited access expressway" means a street or highway
1208	especially designed for through traffic and over, from, or to
1209	which no person shall have the right of easement, use, or access
1210	except in accordance with the rules and regulations promulgated
1211	and established by the authority for the use of such facility.
1212	Such highways or streets may be parkways from which trucks,
1213	buses, and other commercial vehicles shall be excluded or they
1214	may be freeways open to use by all customary forms of street and
1215	highway traffic.
1216	(10)  "Members" means the governing body of the authority,
1217	and the term "member" means one of the individuals constituting
1218	such governing body.
1219	(11)  "Osceola County gasoline tax funds" means all of the
1220	80-percent surplus gasoline tax funds accruing in each year to
1221	the department for use in Osceola County under the provisions of
1222	s. 9, Art. XII of the State Constitution after deduction only of
1223	any amounts of said gasoline tax funds heretofore pledged by the
1224	department or the county for outstanding obligations.
1225	(12)  "Osceola County Expressway System" means any and all
1226	expressways and appurtenant facilities thereto, including, but
1227	not limited to, all approaches, roads, bridges, and avenues of
1228	access for said expressways that are either built by the
1229	authority or whose ownership is transferred to the authority by
1230	other governmental or private entities.
1231	(13)  "State Board of Administration" means the body
1232	corporate existing under the provisions of s. 9, Art. XII of the
1233	State Constitution or any successor thereto.
1234	348.9803  Osceola County Expressway Authority.--
1235	(1)  There is hereby created and established a body politic
1236	and corporate, an agency of the state, to be known as the
1237	Osceola County Expressway Authority, hereinafter referred to as
1238	"authority."
1239	(2)(a)  The governing body of the authority shall consist
1240	of six members. Three members shall be citizens of Osceola
1241	County, who shall be appointed by the governing body of the
1242	county. Two members shall be citizens of Osceola County
1243	appointed by the Governor. The term of each appointed member
1244	shall be for 4 years. However, the members appointed by the
1245	Governor for the first time shall serve a term of 2 years. Each
1246	appointed member shall hold office until his or her successor
1247	has been appointed and has qualified. A vacancy occurring during
1248	a term shall be filled only for the balance of the unexpired
1249	term. Each appointed member of the authority shall be a person
1250	of outstanding reputation for integrity, responsibility, and
1251	business ability, but no person who is an officer or employee of
1252	any city or of Osceola County in any other capacity shall be an
1253	appointed member of the authority. A member of the authority
1254	shall be eligible for reappointment.
1255	(b)  Members of the authority may be removed from office by
1256	the Governor for misconduct, malfeasance, or nonfeasance in
1257	office.
1258	(c)  The district secretary of the department serving in
1259	the district that includes Osceola County shall serve as an ex
1260	officio, nonvoting member.
1261	(3)(a)  The authority shall elect one of its members as
1262	chair of the authority. The authority shall also elect a
1263	secretary and a treasurer who may or may not be members of the
1264	authority. The chair, secretary, and treasurer shall hold such
1265	offices at the will of the authority.
1266	(b)  Four members of the authority shall constitute a
1267	quorum, and the vote of three members shall be necessary for any
1268	action taken by the authority. No vacancy in the authority shall
1269	impair the right of a quorum of the authority to exercise all of
1270	the rights and perform all of the duties of the authority.
1271	(4)(a)  The authority may employ an executive secretary, an
1272	executive director, its own counsel and legal staff, technical
1273	experts, such engineers, and such employees, permanent or
1274	temporary, as it may require; may determine the qualifications
1275	and fix the compensation of such persons, firms, or
1276	corporations; and may employ a fiscal agent or agents. However,
1277	the authority shall solicit sealed proposals from at least three
1278	persons, firms, or corporations for the performance of any
1279	services as fiscal agents. The authority may delegate to one or
1280	more of its agents or employees such of its power as it shall
1281	deem necessary to carry out the purposes of this part, subject
1282	always to the supervision and control of the authority.
1283	(b)  Members of the authority shall be entitled to receive
1284	from the authority their travel and other necessary expenses
1285	incurred in connection with the business of the authority as
1286	provided in s. 112.061, but they shall draw no salaries or other
1287	compensation.
1288	348.9804  Purposes and powers.--
1289	(1)(a)  The authority created and established by the
1290	provisions of this part is hereby granted and shall have the
1291	right to acquire, hold, construct, improve, maintain, operate,
1292	own, and lease in the capacity of lessor the Osceola County
1293	Expressway System, hereinafter referred to as "system."
1294	(b)  It is the express intention of this part that the
1295	authority, in the construction of the Osceola County Expressway
1296	System, shall be authorized to construct any extensions,
1297	additions, or improvements to the system or appurtenant
1298	facilities, including all necessary approaches, roads, bridges,
1299	and avenues of access with such changes, modifications, or
1300	revisions of the project as shall be deemed desirable and
1301	proper.
1302	(2)  The authority is hereby granted and shall have and may
1303	exercise all powers necessary, appurtenant, convenient, or
1304	incidental to the carrying out of its purposes, including, but
1305	not limited to, the following rights and powers:
1306	(a)  To sue and be sued, implead and be impleaded, and
1307	complain and defend in all courts.
1308	(b)  To adopt, use, and alter at will a corporate seal.
1309	(c)  To acquire by donation or otherwise, purchase, hold,
1310	lease as lessee, and use any franchise or property, real,
1311	personal, or mixed, tangible or intangible, or any options
1312	thereof, in its own name or in conjunction with others, or
1313	interest therein, necessary or desirable for carrying out the
1314	purposes of the authority, and to sell, lease as lessor,
1315	transfer, and dispose of any property or interest therein at any
1316	time acquired by it.
1317	(d)  To enter into and make leases for terms not exceeding
1318	40 years as either lessee or lessor in order to carry out the
1319	right to lease as set forth in this part.
1320	(e)  To enter into and make lease-purchase agreements with
1321	the department for terms not exceeding 40 years or until any
1322	bonds secured by a pledge of rentals thereunder and any
1323	refundings thereof are fully paid as to both principal and
1324	interest, whichever is longer.
1325	(f)  To fix, alter, charge, establish, and collect rates,
1326	fees, rentals, and other charges for the services and facilities
1327	of the Osceola County Expressway System, which rates, fees,
1328	rentals, and other charges shall always be sufficient to comply
1329	with any covenants made with the holders of any bonds issued
1330	pursuant to this part; however, such right and power may be
1331	assigned or delegated by the authority to the department.
1332	(g)  To borrow money and make and issue negotiable notes,
1333	bonds, refunding bonds, and other evidences of indebtedness or
1334	obligations, either in temporary or definitive form, in this
1335	part sometimes called "bonds" of the authority, for the purpose
1336	of financing all or part of the improvement or extension of the
1337	Osceola County Expressway System and appurtenant facilities,
1338	including all approaches, streets, roads, bridges, and avenues
1339	of access for the Osceola County Expressway System and for any
1340	other purpose authorized by this part, said bonds to mature in
1341	not exceeding 40 years after the date of the issuance thereof,
1342	and to secure the payment of such bonds or any part thereof by a
1343	pledge of any or all of its revenues, rates, fees, rentals, or
1344	other charges, including all or any portion of the Osceola
1345	County gasoline tax funds received by the authority pursuant to
1346	the terms of any lease-purchase agreement between the authority
1347	and the department; and, in general, to provide for the security
1348	of the bonds and the rights and remedies of the holders thereof.
1349	However, no portion of the Osceola County gasoline tax funds
1350	shall be pledged for the construction of any project for which a
1351	toll is to be charged unless the anticipated tolls are
1352	reasonably estimated by the board of county commissioners, at
1353	the date of its resolution pledging said funds, to be sufficient
1354	to cover the principal and interest of such obligations during
1355	the period when said pledge of funds shall be in effect.
1356	1.  The authority shall reimburse Osceola County for any
1357	sums expended from said gasoline tax funds used for the payment
1358	of such obligations. Any gasoline tax funds so disbursed shall
1359	be repaid when the authority deems it practicable, together with
1360	interest at the highest rate applicable to any obligations of
1361	the authority.
1362	2.  If the authority determines to fund or refund any bonds
1363	theretofore issued by the authority or by the board of county
1364	commissioners as aforesaid prior to the maturity thereof, the
1365	proceeds of the funding or refunding bonds shall, pending the
1366	prior redemption of the bonds to be funded or refunded, be
1367	invested in direct obligations of the United States. It is the
1368	express intention of this part that such outstanding bonds may
1369	be funded or refunded by the issuance of bonds pursuant to this
1370	part.
1371	(h)  To make contracts of every name and nature, including,
1372	but not limited to, partnerships providing for participation in
1373	ownership and revenues, and to execute all instruments necessary
1374	or convenient for the carrying on of its business.
1375	(i)  Without limitation of the foregoing, to borrow money
1376	and accept grants from and to enter into contracts, leases, or
1377	other transactions with any federal agency, the state, any
1378	agency of the state, Osceola County, or with any other public
1379	body of the state.
1380	(j)  To have the power of eminent domain, including the
1381	procedural powers granted under chapters 73 and 74.
1382	(k)  To pledge, hypothecate, or otherwise encumber all or
1383	any part of the revenues, rates, fees, rentals, or other charges
1384	or receipts of the authority, including all or any portion of
1385	the Osceola County gasoline tax funds received by the authority
1386	pursuant to the terms of any lease-purchase agreement between
1387	the authority and the department, as security for all or any of
1388	the obligations of the authority.
1389	(l)  To enter into partnership and other agreements
1390	respecting ownership and revenue participation in order to
1391	facilitate financing and constructing any project or portions
1392	thereof.
1393	(m)  To participate in developer agreements or to receive
1394	developer contributions.
1395	(n)  To contract with Osceola County for the operation of a
1396	toll facility within the county.
1397	(o)  To do all acts and things necessary or convenient for
1398	the conduct of its business and the general welfare of the
1399	authority in order to carry out the powers granted to it by this
1400	part or any other law.
1401	(p)  With the consent of the county within whose
1402	jurisdiction the following activities occur, to construct,
1403	operate, and maintain roads, bridges, avenues of access,
1404	thoroughfares, and boulevards outside the jurisdictional
1405	boundaries of Osceola County together with the right to
1406	construct, repair, replace, operate, install, and maintain
1407	electronic toll payment systems thereon with all necessary and
1408	incidental powers to accomplish the foregoing.
1409	(3)  The authority shall have no power at any time or in
1410	any manner to pledge the credit or taxing power of the state or
1411	any political subdivision or agency thereof, including Osceola
1412	County, nor shall any of the authority's obligations be deemed
1413	to be obligations of the state or of any political subdivision
1414	or agency thereof, nor shall the state or any political
1415	subdivision or agency thereof, except the authority, be liable
1416	for the payment of the principal of or interest on such
1417	obligations.
1418	(4)  Anything in this part to the contrary notwithstanding,
1419	acquisition of right-of-way for a project of the authority which
1420	is within the boundaries of any municipality in Osceola County
1421	shall not be started unless and until the route of said project
1422	within said municipality has been given prior approval by the
1423	governing body of said municipality.
1424	(5)  Anything in this part to the contrary notwithstanding,
1425	acquisition of right-of-way for a project of the authority which
1426	is within the unincorporated area of Osceola County shall not be
1427	started unless and until the route of said project within the
1428	unincorporated area has been given prior approval by the
1429	governing body of Osceola County.
1430	(6)  The authority shall have no power other than by
1431	consent of Osceola County or any affected city to enter into any
1432	agreement which would legally prohibit the construction of any
1433	road by Osceola County or by any municipality within Osceola
1434	County.
1435	348.9805  Authority for bond financing of
1436	improvements.--Pursuant to s. 11(f), Art. VII of the State
1437	Constitution, the Legislature hereby approves for bond financing
1438	by the Osceola County Expressway Authority improvements to toll
1439	collection facilities, interchanges to the legislatively
1440	approved expressway system, and any other facility appurtenant,
1441	necessary, or incidental to the approved system. Subject to
1442	terms and conditions of applicable revenue bond resolutions and
1443	covenants, such costs may be financed in whole or in part by
1444	revenue bonds issued pursuant to s. 348.9806(1)(a) or (b)
1445	whether currently issued or issued in the future, or by a
1446	combination of such bonds.
1447	348.9806  Bonds of the authority.--
1448	(1)(a)  Bonds may be issued on behalf of the authority
1449	pursuant to the State Bond Act.
1450	(b)  Alternatively, the authority may issue its own bonds
1451	pursuant to this part at such times and in such principal amount
1452	as, in the opinion of the authority, is necessary to provide
1453	sufficient moneys for achieving its purposes; however, such
1454	bonds may not pledge the full faith and credit of the state.
1455	Bonds issued by the authority pursuant to this paragraph or
1456	paragraph (a), whether on original issuance or on refunding,
1457	shall be authorized by resolution of the members thereof, may be
1458	either term or serial bonds, and shall bear such date or dates,
1459	mature at such time or times, not exceeding 40 years after their
1460	respective dates, bear interest at such rate or rates, payable
1461	semiannually, be in such denominations, be in such form, either
1462	coupon or fully registered, carry such registration,
1463	exchangeability, and interchangeability privileges, be payable
1464	in such medium of payment and at such place or places, be
1465	subject to such terms of redemption, and be entitled to such
1466	priorities on the revenues, rates, fees, rentals, or other
1467	charges or receipts of the authority including the Osceola
1468	County gasoline tax funds received by the authority pursuant to
1469	the terms of any lease-purchase agreement between the authority
1470	and the department, as such resolution or any resolution
1471	subsequent thereto may provide. The bonds shall be executed
1472	either by manual or facsimile signature by such officers as the
1473	authority shall determine, provided that such bonds shall bear
1474	at least one signature which is manually executed thereon, and
1475	the coupons attached to such bonds shall bear the facsimile
1476	signature or signatures of such officer or officers as shall be
1477	designated by the authority and shall have the seal of the
1478	authority affixed, imprinted, reproduced, or lithographed
1479	thereon, all as may be prescribed in such resolution or
1480	resolutions.
1481	(c)  Bonds issued pursuant to paragraph (a) or paragraph
1482	(b) shall be sold at public sale in the same manner provided by
1483	the State Bond Act. However, if the authority shall, by official
1484	action at a public meeting, determine that a negotiated sale of
1485	such bonds is in the best interest of the authority, the
1486	authority may negotiate the sale of such bonds with the
1487	underwriter designated by the authority and the Division of Bond
1488	Finance of the State Board of Administration with respect to
1489	bonds issued pursuant to paragraph (a) or solely the authority
1490	with respect to bonds issued pursuant to paragraph (b). The
1491	authority's determination to negotiate the sale of such bonds
1492	may be based, in part, upon the written advice of the
1493	authority's financial adviser. Pending the preparation of
1494	definitive bonds, interim certificates may be issued to the
1495	purchaser or purchasers of such bonds and may contain such terms
1496	and conditions as the authority may determine.
1497	(d)  The authority may issue bonds pursuant to paragraph
1498	(b) to refund any bonds previously issued regardless of whether
1499	the bonds being refunded were issued by the authority pursuant
1500	to this chapter or on behalf of the authority pursuant to the
1501	State Bond Act.
1502	(2)  Any such resolution or resolutions authorizing any
1503	bonds hereunder may contain provisions which shall be part of
1504	the contract with the holders of such bonds, as to:
1505	(a)  The pledging of all or any part of the revenues,
1506	rates, fees, rentals (including all or any portion of the
1507	Osceola County gasoline tax funds received by the authority
1508	pursuant to the terms of any lease-purchase agreement between
1509	the authority and the department, or any part thereof), or other
1510	charges or receipts of the authority, derived by the authority,
1511	from the Osceola County Expressway System.
1512	(b)  The completion, improvement, operation, extension,
1513	maintenance, repair, lease, or lease-purchase agreement of said
1514	system and the duties of the authority and others, including the
1515	department, with reference thereto.
1516	(c)  Limitations on the purposes to which the proceeds of
1517	the bonds, then or thereafter to be issued, or of any loan or
1518	grant by the United States or the state may be applied.
1519	(d)  The fixing, charging, establishing, and collecting of
1520	rates, fees, rentals, or other charges for use of the services
1521	and facilities of the Osceola County Expressway System or any
1522	part thereof.
1523	(e)  The setting aside of reserves or sinking funds or
1524	repair and replacement funds and the regulation and disposition
1525	thereof.
1526	(f)  Limitations on the issuance of additional bonds.
1527	(g)  The terms and provisions of any lease-purchase
1528	agreement, deed of trust, or indenture securing the bonds or
1529	under which the same may be issued.
1530	(h)  Any other or additional agreements with the holders of
1531	the bonds which the authority may deem desirable and proper.
1532	(3)  The authority may employ fiscal agents as provided by
1533	this part or the State Board of Administration may, upon request
1534	of the authority, act as fiscal agent for the authority in the
1535	issuance of any bonds which may be issued pursuant to this part.
1536	The State Board of Administration may, upon request of the
1537	authority, take over the management, control, administration,
1538	custody, and payment of any or all debt services or funds or
1539	assets now or hereafter available for any bonds issued pursuant
1540	to this part. The authority may enter into any deeds of trust,
1541	indentures, or other agreements with its fiscal agent or with
1542	any bank or trust company within or without the state as
1543	security for such bonds and may, under such agreements, sign and
1544	pledge all or any of the revenues, rates, fees, rentals, or
1545	other charges or receipts of the authority, including all or any
1546	portion of the Osceola County gasoline tax funds received by the
1547	authority pursuant to the terms of any lease-purchase agreement
1548	between the authority and the department, thereunder. Such deed
1549	of trust, indenture, or other agreement may contain such
1550	provisions as are customary in such instruments or, as the
1551	authority may authorize, including, but without limitation,
1552	provisions as to:
1553	(a)  The completion, improvement, operation, extension,
1554	maintenance, repair, and lease of or lease-purchase agreement
1555	relating to the Osceola County Expressway System and the duties
1556	of the authority and others including the department with
1557	reference thereto.
1558	(b)  The application of funds and the safeguarding of funds
1559	on hand or on deposit.
1560	(c)  The rights and remedies of the trustee and the holders
1561	of the bonds.
1562	(d)  The terms and provisions of the bonds or the
1563	resolutions authorizing the issuance of same.
1564	(4)  Any of the bonds issued pursuant to this part are, and
1565	are hereby declared to be, negotiable instruments and shall have
1566	all the qualities and incidents of negotiable instruments under
1567	the law merchant and the negotiable instruments law of the
1568	state.
1569	(5)  Notwithstanding any of the provisions of this part,
1570	each project, building, or facility which has been financed by
1571	the issuance of bonds or other evidence of indebtedness under
1572	this part and any refinancing thereof is hereby approved as
1573	provided for in s. 11(f), Art. VII of the State Constitution.
1574	348.9807  Remedies of the bondholders.--
1575	(1)  The rights and the remedies herein conferred upon or
1576	granted to the bondholders shall be in addition to and not in
1577	limitation of any rights and remedies lawfully granted to such
1578	bondholders by the resolution or resolutions providing for the
1579	issuance of bonds or by a lease-purchase agreement, deed of
1580	trust, indenture, or other agreement under which the bonds may
1581	be issued or secured. If the authority defaults in the payment
1582	of the principal of or interest on any of the bonds issued
1583	pursuant to the provisions of this part after such principal of
1584	or interest on said bonds becomes due, whether at maturity or
1585	upon call for redemption, or if the department defaults in any
1586	payments under or covenants made in any lease-purchase agreement
1587	between the authority and the department and such default
1588	continues for a period of 30 days or if the authority or the
1589	department fails or refuses to comply with the provisions of
1590	this part or any agreement made with or for the benefit of the
1591	holders of the bonds, the holders of 25 percent in aggregate
1592	principal amount of the bonds then outstanding shall be entitled
1593	as of right to the appointment of a trustee to represent such
1594	bondholders for the purposes hereof; provided that such holders
1595	of 25 percent in aggregate principal amount of the bonds then
1596	outstanding shall have first given notice to the authority and
1597	to the department of their intention to appoint a trustee. Such
1598	notice shall be deemed to have been given if given in writing,
1599	deposited in a securely sealed postpaid wrapper, mailed at a
1600	regularly maintained United States post office box or station,
1601	and addressed, respectively, to the chair of the authority and
1602	to the Secretary of Transportation at the principal office of
1603	the department.
1604	(2)  Such trustee and any trustee under any deed of trust,
1605	indenture, or other agreement may and, upon written request of
1606	the holders of 25 percent or such other percentages as may be
1607	specified in any deed of trust, indenture, or other agreement
1608	aforesaid, in principal amount of the bonds then outstanding,
1609	shall in any court of competent jurisdiction in his, her, or its
1610	own name:
1611	(a)  By mandamus or other suit, action, or proceeding at
1612	law or in equity, enforce all rights of the bondholders,
1613	including the right to require the authority to fix, establish,
1614	maintain, collect, and charge rates, fees, rentals, and other
1615	charges adequate to carry out any agreement as to or pledge of
1616	the revenues or receipts of the authority to carry out any other
1617	covenants and agreements with or for the benefit of the
1618	bondholders, and to perform its and their duties under this
1619	part.
1620	(b)  By mandamus or other suit, action, or proceeding at
1621	law or in equity, enforce all rights of the bondholders under or
1622	pursuant to any lease-purchase agreement between the authority
1623	and the department, including the right to require the
1624	department to make all rental payments required to be made by it
1625	under the provisions of any such lease-purchase agreement,
1626	whether from the Osceola County gasoline tax funds or other
1627	funds of the department so agreed to be paid, and to require the
1628	department to carry out any other covenants and agreements with
1629	or for the benefit of the bondholders and to perform its and
1630	their duties under this part.
1631	(c)  Bring suit upon the bonds.
1632	(d)  By action or suit in equity, require the authority or
1633	the department to account as if it were the trustee of an
1634	express trust for the bondholders.
1635	(e)  By action or suit in equity, enjoin any acts or things
1636	which may be unlawful or in violation of the rights of the
1637	bondholders.
1638	(3)  Whether or not all bonds have been declared due and
1639	payable, any trustee, when appointed under this section or
1640	acting under a deed of trust, indenture, or other agreement,
1641	shall be entitled as of right to the appointment of a receiver
1642	who may enter upon and take possession of the Osceola County
1643	Expressway System or the facilities or any part or parts
1644	thereof, the rates, fees, rentals, or other revenues, charges,
1645	or receipts from which are or may be applicable to the payment
1646	of the bonds so in default, and, subject to and in compliance
1647	with the provisions of any lease-purchase agreement between the
1648	authority and the department, operate and maintain the same for
1649	and on behalf and in the name of the authority, the department,
1650	and the bondholders and collect and receive all rates, fees,
1651	rentals, and other charges or receipts or revenues arising
1652	therefrom in the same manner as the authority or the department
1653	might do, and shall deposit all such moneys in a separate
1654	account and apply the same in such manner as the court shall
1655	direct. In any suit, action, or proceeding by the trustee, the
1656	fees, counsel fees, and expenses of the trustee and said
1657	receiver, if any, and all costs and disbursements allowed by the
1658	court shall be a first charge on any rates, fees, rentals, or
1659	other charges, revenues, or receipts derived from the Osceola
1660	County Expressway System or the facilities or services or any
1661	part or parts thereof, including payments under any such lease-
1662	purchase agreement as aforesaid which said rates, fees, rentals,
1663	or other charges, revenues, or receipts shall or may be
1664	applicable to the payment of the bonds so in default. Such
1665	trustee shall also have and possess all of the powers necessary
1666	or appropriate for the exercise of any functions specifically
1667	set forth in this part or incident to the representation of the
1668	bondholders in the enforcement and protection of their rights.
1669	(4)  Nothing in this section or any other section of this
1670	part shall authorize any receiver appointed pursuant to this
1671	part for the purpose, subject to and in compliance with the
1672	provisions of any lease-purchase agreement between the authority
1673	and the department, of operating and maintaining the Osceola
1674	County Expressway System or any facilities or part or parts
1675	thereof to sell, assign, mortgage, or otherwise dispose of any
1676	of the assets of whatever kind and character belonging to the
1677	authority. It is the intention of this part to limit the powers
1678	of such receiver, subject to and in compliance with the
1679	provisions of any lease-purchase agreement between the authority
1680	and the department, to the operation and maintenance of the
1681	Osceola County Expressway System or any facility or part or
1682	parts thereof, as the court may direct, in the name and for and
1683	on behalf of the authority, the department, and the bondholders.
1684	No holder of bonds on the authority nor any trustee shall ever
1685	have the right in any suit, action, or proceeding at law or in
1686	equity to compel a receiver, nor shall any receiver be
1687	authorized or any court be empowered to direct the receiver, to
1688	sell, assign, mortgage, or otherwise dispose of any assets of
1689	whatever kind or character belonging to the authority.
1690	348.9808  Lease-purchase agreement.--
1691	(1)  In order to effectuate the purposes of this part and
1692	as authorized by this part, the authority may enter into a
1693	lease-purchase agreement with the department relating to and
1694	covering the Osceola County Expressway System.
1695	(2)  Such lease-purchase agreement shall provide for the
1696	leasing of the Osceola County Expressway System by the authority
1697	as lessor to the department as lessee, shall prescribe the term
1698	of such lease and the rentals to be paid thereunder, and shall
1699	provide that, upon the completion of the faithful performance
1700	thereunder and the termination of such lease-purchase agreement,
1701	title in fee simple absolute to the Osceola County Expressway
1702	System as then constituted shall be transferred in accordance
1703	with law by the authority to the state and the authority shall
1704	deliver to the department such deeds and conveyances as shall be
1705	necessary or convenient to vest title in fee simple absolute in
1706	the state.
1707	(3)  Such lease-purchase agreement may include such other
1708	provisions, agreements, and covenants as the authority and the
1709	department deem advisable or required, including, but not
1710	limited to, provisions as to the bonds to be issued under and
1711	for the purposes of this part; the completion, extension,
1712	improvement, operation, and maintenance of the Osceola County
1713	Expressway System; the expenses and the cost of operation of
1714	said authority; the charging and collection of tolls, rates,
1715	fees, and other charges for the use of the services and
1716	facilities thereof; the application of federal or state grants
1717	or aid which may be made or given to assist the authority in the
1718	completion, extension, improvement, operation, and maintenance
1719	of the Orlando Expressway System which the authority is hereby
1720	authorized to accept and apply to such purposes; the enforcement
1721	of payment and collection of rentals; and any other terms,
1722	provisions, or covenants necessary, incidental, or appurtenant
1723	to the making of and full performance under such lease-purchase
1724	agreement.
1725	(4)  The department as lessee under such lease-purchase
1726	agreement is hereby authorized to pay as rentals thereunder any
1727	rates, fees, charges, funds, moneys, receipts, or income
1728	accruing to the department from the operation of the Osceola
1729	County Expressway System and the Osceola County gasoline tax
1730	funds and may also pay as rentals any appropriations received by
1731	the department pursuant to any act of the Legislature heretofore
1732	or hereafter enacted. However, nothing herein nor in such lease-
1733	purchase agreement is intended to nor shall this part or such
1734	lease-purchase agreement require the making or continuance of
1735	such appropriations nor shall any holder of bonds issued
1736	pursuant to this part ever have any right to compel the making
1737	or continuance of such appropriations.
1738	(5)  No pledge of said Osceola County gasoline tax funds as
1739	rentals under such lease-purchase agreement shall be made
1740	without the consent of Osceola County evidenced by a resolution
1741	duly adopted by the board of county commissioners of said county
1742	at a public hearing held pursuant to due notice thereof
1743	published at least once a week for 3 consecutive weeks before
1744	the hearing in a newspaper of general circulation in Osceola
1745	County. In addition to other provisions, the resolution shall
1746	provide that any excess of said pledged gasoline tax funds which
1747	is not required for debt service or reserves for such debt
1748	service for any bonds issued by said authority shall be returned
1749	annually to the department for distribution to Osceola County as
1750	provided by law. Before making any application for such pledge
1751	of gasoline tax funds, the authority shall present the plan of
1752	its proposed project to the Osceola County Planning and Zoning
1753	Commission for its comments and recommendations.
1754	(6)  The department shall have power to covenant in any
1755	lease-purchase agreement that it will pay all or any part of the
1756	cost of the operation, maintenance, repair, renewal, and
1757	replacement of the system and any part of the cost of completing
1758	the system to the extent that the proceeds of bonds issued
1759	therefor are insufficient from sources other than the revenues
1760	derived from the operation of the system and Osceola County
1761	gasoline tax funds. The department may also agree to make such
1762	other payments from any moneys available to the commission or
1763	the county in connection with the construction or completion of
1764	the system as shall be deemed by the department to be fair and
1765	proper under any such covenants heretofore or hereafter entered
1766	into.
1767	(7)  The system shall be a part of the state road system
1768	and the department is hereby authorized, upon the request of the
1769	authority, to expend out of any funds available for the purpose
1770	such moneys and to use such of its engineering and other forces
1771	as may be necessary and desirable in the judgment of the
1772	department for the operation of the authority and for traffic
1773	surveys, borings, surveys, preparation of plans and
1774	specifications, estimates of cost, and other preliminary
1775	engineering and other studies; however, the aggregate amount of
1776	moneys expended for said purposes by the department shall not
1777	exceed the sum of $375,000.
1778	348.9809  Department may be appointed agent of authority
1779	for construction.--The authority may appoint the department as
1780	its agent for the purpose of constructing improvements and
1781	extensions to the Osceola County Expressway System and for the
1782	completion thereof. In such event, the authority shall provide
1783	the department with complete copies of all documents,
1784	agreements, resolutions, contracts, and instruments relating
1785	thereto; shall request the department to do such construction
1786	work, including the planning, surveying, and actual construction
1787	of the completion, extensions, and improvements of the Osceola
1788	County Expressway System; and shall transfer to the credit of an
1789	account of the department in the treasury of the state the
1790	necessary funds therefor, and the department shall thereupon be
1791	authorized, empowered, and directed to proceed with such
1792	construction and to use the funds for such purpose in the same
1793	manner that it is now authorized to use the funds otherwise
1794	provided by law for its use in construction of roads and
1795	bridges.
1796	348.9811  Acquisition of lands and property.--
1797	(1)  For the purposes of this part, the Osceola County
1798	Expressway Authority may acquire private or public property and
1799	property rights, including rights of access, air, view, and
1800	light, by gift, devise, purchase, or condemnation by eminent
1801	domain proceedings as the authority may deem necessary for any
1802	of the purposes of this part, including, but not limited to, any
1803	lands reasonably necessary for securing applicable permits,
1804	areas necessary for management of access, borrow pits, drainage
1805	ditches, water retention areas, rest areas, replacement access
1806	for landowners whose access is impaired due to the construction
1807	of a facility, and replacement rights-of-way for relocated rail
1808	and utility facilities; for existing, proposed, or anticipated
1809	transportation facilities on the Osceola County Expressway
1810	System or in a transportation corridor designated by the
1811	authority; or for the purposes of screening, relocation,
1812	removal, or disposal of junkyards and scrap metal processing
1813	facilities. The authority shall also have the power to condemn
1814	any material and property necessary for such purposes.
1815	(2)  The right of eminent domain conferred in this part
1816	shall be exercised by the authority in the manner provided by
1817	law.
1818	(3)  When the authority acquires property for a
1819	transportation facility or in a transportation corridor, it is
1820	not subject to any liability imposed by chapter 376 or chapter
1821	403 for preexisting soil or groundwater contamination due solely
1822	to its ownership. This section does not affect the rights or
1823	liabilities of any past or future owners of the acquired
1824	property, nor does it affect the liability of any governmental
1825	entity for the results of its actions which create or exacerbate
1826	a pollution source. The authority and the Department of
1827	Environmental Protection may enter into interagency agreements
1828	for the performance, funding, and reimbursement of the
1829	investigative and remedial acts necessary for property acquired
1830	by the authority.
1831	348.9812  Cooperation with other units, boards, agencies,
1832	and individuals.--Express authority and power is hereby given
1833	and granted to any county, municipality, drainage district, road
1834	and bridge district, school district, or any other political
1835	subdivision, board, commission, or individual in or of the state
1836	to make and enter into with the authority contracts, leases,
1837	conveyances, partnerships, or other agreements within the
1838	provisions and purposes of this part. The authority is hereby
1839	expressly authorized to make and enter into contracts, leases,
1840	conveyances, partnerships, and other agreements with any
1841	political subdivision, agency, or instrumentality of the state
1842	and any and all federal agencies, corporations, and individuals
1843	for the purpose of carrying out the provisions of this part.
1844	348.9813  Covenant of the state.--The state does hereby
1845	pledge to and agrees with any person, firm, or corporation or
1846	federal or state agency subscribing to or acquiring the bonds to
1847	be issued by the authority for the purposes of this part that
1848	the state will not limit or alter the rights hereby vested in
1849	the authority and the department until all bonds at any time
1850	issued, together with the interest thereon, are fully paid and
1851	discharged insofar as the same affects the rights of the holders
1852	of bonds issued hereunder. The state does further pledge to and
1853	agree with the United States that in the event any federal
1854	agency shall construct or contribute any funds for the
1855	completion, extension, or improvement of the Osceola County
1856	Expressway System, or any part or portion thereof, the state
1857	will not alter or limit the rights and powers of the authority
1858	and the department in any manner which would be inconsistent
1859	with the continued maintenance and operation of the Osceola
1860	County Expressway System or the completion, extension, or
1861	improvement thereof or which would be inconsistent with the due
1862	performance of any agreements between the authority and any such
1863	federal agency. The authority and the department shall continue
1864	to have and may exercise all powers herein granted so long as
1865	the same shall be necessary or desirable for the carrying out of
1866	the purposes of this part and the purposes of the United States
1867	in the completion, extension, or improvement of the Osceola
1868	County Expressway System or any part or portion thereof.
1869	348.9814  Exemption from taxation.--The effectuation of the
1870	authorized purposes of the authority created under this part is,
1871	shall, and will be in all respects for the benefit of the people
1872	of the state, for the increase of their commerce and prosperity,
1873	and for the improvement of their health and living conditions
1874	and, since the authority will be performing essential
1875	governmental functions in effectuating such purposes, the
1876	authority shall not be required to pay any taxes or assessments
1877	of any kind or nature whatsoever upon any property acquired or
1878	used by it for such purposes or upon any rates, fees, rentals,
1879	receipts, income, or charges at any time received by it and the
1880	bonds issued by the authority, their transfer, and the income
1881	therefrom, including any profits made on the sale thereof, shall
1882	at all times be free from taxation of any kind by the state or
1883	by any political subdivision or taxing agency or instrumentality
1884	thereof. The exemption granted by this section shall not be
1885	applicable to any tax imposed by chapter 220 on interest,
1886	income, or profits on debt obligations owned by corporations.
1887	348.9815  Eligibility for investments and security.--Any
1888	bonds or other obligations issued pursuant to this part shall be
1889	and constitute legal investments for banks, savings banks,
1890	trustees, executors, administrators, and all other fiduciaries
1891	and for all state, municipal, and other public funds and shall
1892	also be and constitute securities eligible for deposit as
1893	security for all state, municipal, or other public funds,
1894	notwithstanding the provisions of any other law or laws to the
1895	contrary.
1896	348.9816  Pledges enforceable by bondholders.--It is the
1897	express intention of this part that any pledge by the department
1898	of rates, fees, revenues, Osceola County gasoline tax funds, or
1899	other funds, as rentals, to the authority, or any covenants or
1900	agreements relative thereto, may be enforceable in any court of
1901	competent jurisdiction against the authority or directly against
1902	the department by any holder of bonds issued by the authority.
1903	348.9817  This part complete and additional authority.--
1904	(1)  The powers conferred by this part shall be in addition
1905	and supplemental to the existing powers of the board and the
1906	department, and this part shall not be construed as repealing
1907	any of the provisions of any other law, general, special, or
1908	local, but to supersede such other laws in the exercise of the
1909	powers provided in this part and to provide a complete method
1910	for the exercise of the powers granted in this part. The
1911	extension and improvement of the Osceola County Expressway
1912	System and the issuance of bonds hereunder to finance all or
1913	part of the cost thereof may be accomplished upon compliance
1914	with the provisions of this part without regard to or necessity
1915	for compliance with the provisions, limitations, or restrictions
1916	contained in any other general, special, or local law,
1917	including, but not limited to, s. 215.821. No approval of any
1918	bonds issued under this part by the qualified electors or
1919	qualified electors who are freeholders in the state or in
1920	Osceola County or in any other political subdivision of the
1921	state shall be required for the issuance of such bonds pursuant
1922	to this part.
1923	(2)  This part shall not be deemed to repeal, rescind, or
1924	modify the Osceola County Charter. This part shall not be deemed
1925	to repeal, rescind, or modify any other law relating to the
1926	State Board of Administration, the Department of Transportation,
1927	or the Division of Bond Finance of the State Board of
1928	Administration but shall be deemed to and shall supersede such
1929	other laws as are inconsistent with the provisions of this part,
1930	including, but not limited to, s. 215.821.
1931	Section 20.  Paragraph (b) of subsection (7) of section
1932	373.036, Florida Statutes, is amended to read:
1933	373.036  Florida water plan; district water management
1934	plans.--
1935	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
1936	REPORT.--
1937	(b)  The consolidated annual report shall contain the
1938	following elements, as appropriate to that water management
1939	district:
1940	1.  A district water management plan annual report or the
1941	annual work plan report allowed in subparagraph (2)(e)4.
1942	2.  The department-approved minimum flows and levels annual
1943	priority list and schedule required by s. 373.042(2).
1944	3.  The annual 5-year capital improvements plan required by
1945	s. 373.536(6)(a)3.
1946	4.  The alternative water supplies annual report required
1947	by s. 373.1961(2)(k).
1948	5.  The final annual 5-year water resource development work
1949	program required by s. 373.536(6)(a)4.
1950	6.  The Florida Forever Water Management District Work Plan
1951	annual report required by s. 373.199(7).
1952	7.  The mitigation donation annual report required by s.
1953	373.414(1)(c)(b)2.
1954	Section 21.  Subsection (12) is added to section 373.406,
1955	Florida Statutes, to read:
1956	373.406  Exemptions.--The following exemptions shall apply:
1957	(12)  Department of Transportation projects and activities
1958	described in s. 373.4146(1) are exempt from regulation under
1959	this part and from any rule, manual, or order adopted under this
1960	part.
1961	Section 22.  Paragraph (e) of subsection (6) and subsection
1962	(7) of section 373.4135, Florida Statutes, are amended to read:
1963	373.4135  Mitigation banks and offsite regional
1964	mitigation.--
1965	(6)  An environmental creation, preservation, enhancement,
1966	or restoration project, including regional offsite mitigation
1967	areas, for which money is donated or paid as mitigation, that is
1968	sponsored by the department, a water management district, or a
1969	local government and provides mitigation for five or more
1970	applicants for permits under this part, or for 35 or more acres
1971	of adverse impacts, shall be established and operated under a
1972	memorandum of agreement. The memorandum of agreement shall be
1973	between the governmental entity proposing the mitigation project
1974	and the department or water management district, as appropriate.
1975	Such memorandum of agreement need not be adopted by rule. For
1976	the purposes of this subsection, one creation, preservation,
1977	enhancement, or restoration project shall mean one or more
1978	parcels of land with similar ecological communities that are
1979	intended to be created, preserved, enhanced, or restored under a
1980	common scheme.
1981	(e)  Projects governed by this subsection, except for
1982	projects established pursuant to subsection (7), shall be
1983	subject to the provisions of s. 373.414(1)(c)(b)1.
1984	(7)  The department, water management districts, and local
1985	governments may elect to establish and manage mitigation sites,
1986	including regional offsite mitigation areas, or contract with
1987	permitted mitigation banks, to provide mitigation options for
1988	private single-family lots or homeowners. The department, water
1989	management districts, and local governments shall provide a
1990	written notice of their election under this subsection by United
1991	States mail to those individuals who have requested, in writing,
1992	to receive such notice. The use of mitigation options
1993	established under this subsection are not subject to the full-
1994	cost-accounting provision of s. 373.414(1)(c)(b)1. To use a
1995	mitigation option established under this subsection, the
1996	applicant for a permit under this part must be a private,
1997	single-family lot or homeowner, and the land upon which the
1998	adverse impact is located must be intended for use as a single-
1999	family residence by the current owner. The applicant must not be
2000	a corporation, partnership, or other business entity. However,
2001	the provisions of this subsection shall not apply to other
2002	entities that establish offsite regional mitigation as defined
2003	in this section and s. 373.403.
2004	Section 23.  Paragraph (d) of subsection (6) of section
2005	373.4136, Florida Statutes, is amended to read:
2006	373.4136  Establishment and operation of mitigation
2007	banks.--
2008	(6)  MITIGATION SERVICE AREA.--The department or water
2009	management district shall establish a mitigation service area
2010	for each mitigation bank permit. The department or water
2011	management district shall notify and consider comments received
2012	on the proposed mitigation service area from each local
2013	government within the proposed mitigation service area. Except
2014	as provided herein, mitigation credits may be withdrawn and used
2015	only to offset adverse impacts in the mitigation service area.
2016	The boundaries of the mitigation service area shall depend upon
2017	the geographic area where the mitigation bank could reasonably
2018	be expected to offset adverse impacts. Mitigation service areas
2019	may overlap, and mitigation service areas for two or more
2020	mitigation banks may be approved for a regional watershed.
2021	(d)  If the requirements in s. 373.414(1)(c)(b) and (8) are
2022	met, the following projects or activities regulated under this
2023	part shall be eligible to use a mitigation bank, regardless of
2024	whether they are located within the mitigation service area:
2025	1.  Projects with adverse impacts partially located within
2026	the mitigation service area.
2027	2.  Linear projects, such as roadways, transmission lines,
2028	distribution lines, pipelines, or railways.
2029	3.  Projects with total adverse impacts of less than 1 acre
2030	in size.
2031	Section 24.  Paragraphs (b) and (c) of subsection (1) of
2032	section 373.414, Florida Statutes, are redesignated as
2033	paragraphs (c) and (d), respectively, and a new paragraph (b) is
2034	added to that subsection to read:
2035	373.414  Additional criteria for activities in surface
2036	waters and wetlands.--
2037	(1)  As part of an applicant's demonstration that an
2038	activity regulated under this part will not be harmful to the
2039	water resources or will not be inconsistent with the overall
2040	objectives of the district, the governing board or the
2041	department shall require the applicant to provide reasonable
2042	assurance that state water quality standards applicable to
2043	waters as defined in s. 403.031(13) will not be violated and
2044	reasonable assurance that such activity in, on, or over surface
2045	waters or wetlands, as delineated in s. 373.421(1), is not
2046	contrary to the public interest. However, if such an activity
2047	significantly degrades or is within an Outstanding Florida
2048	Water, as provided by department rule, the applicant must
2049	provide reasonable assurance that the proposed activity will be
2050	clearly in the public interest.
2051	(b)  Department of Transportation projects and activities
2052	described in s. 373.4146(1) are exempt from the public-interest
2053	criteria of this subsection.
2054	Section 25.  Subsection (7) is added to section 373.4145,
2055	Florida Statutes, to read:
2056	373.4145  Interim part IV permitting program for the
2057	Northwest Florida Water Management District.--
2058	(7)  Department of Transportation projects and activities
2059	described in s. 373.4146(1) are exempt from the provisions of
2060	this section and from any rules, manuals, or orders adopted
2061	under this section.
2062	Section 26.  Section 373.4146, Florida Statutes, is created
2063	to read:
2064	373.4146  Permitting exemptions for Department of
2065	Transportation projects; establishment of permit thresholds.--
2066	(1)  The following state transportation projects and
2067	activities are exempt from regulation under this part and from
2068	any rule, manual, or order adopted under this part:
2069	(a)  Resurfacing, restoration, and rehabilitation work on
2070	existing highways to extend the service life or enhance highway
2071	safety, including, but not limited to, widening existing lanes,
2072	improving shoulders, and extending existing culverts or drainage
2073	structures to meet current highway safety standards, but not
2074	including increasing the number of through-travel lanes.
2075	(b)  In-kind bridge replacement with the same number of
2076	through-travel lanes designed to current safety standards, and
2077	associated approach roadway work.
2078	(c)  Intersection improvements, including the addition or
2079	extension of turn lanes and median crossings.
2080	(d)  Addition of pedestrian and bicycle facilities to
2081	existing highways.
2082	(2)  The following provisions apply to all state
2083	transportation projects regulated under this part:
2084	(a)  As long as the stormwater discharge meets water
2085	quality standards of the receiving waters, the Department of
2086	Transportation is not required to determine or be limited to the
2087	existing discharge rate for discharges to tidally controlled
2088	bodies of water for any state transportation project as long as
2089	the discharge rate post project does not exceed the preproject
2090	discharge rate by 30 percent.
2091	(b)  Any state transportation project that has undergone
2092	review pursuant to a process approved under 23 U.S.C. s. 6002
2093	will be deemed to have satisfied the cumulative impact review
2094	required pursuant to s. 373.414(8)(a).
2095	(c)  State transportation projects are exempt from project
2096	size acreage thresholds for general permits under this part.
2097	(d)  State transportation projects with less than 5 acres
2098	of wetland impacts may obtain general permits under this part.
2099	(e)  Stormwater treatment facilities for state
2100	transportation projects shall not be subject to minimum width or
2101	acreage restrictions.
2102	(3)  By January 1, 2007, the department, the water
2103	management districts, and the Department of Transportation shall
2104	develop a memorandum of understanding governing the use, and the
2105	granting of such use, of sovereign submerged or other state-
2106	owned lands pursuant to chapter 253 or chapter 258 for state
2107	transportation projects. The memorandum of understanding shall
2108	address engineering techniques to minimize the project's
2109	environmental impacts, mitigation of unavoidable environmental
2110	impacts, and other related issues.
2111	(4)  By July 1, 2007, the department, the water management
2112	districts, and the Department of Transportation shall jointly
2113	develop a memorandum of understanding describing a method for
2114	determining the seasonal high groundwater table elevation to be
2115	used by the department and the water management districts when
2116	permitting state transportation projects under this part.
2117	(5)  By July 1, 2008, the department, the water management
2118	districts, and the Department of Transportation shall research
2119	and identify the specific constituents of highway stormwater
2120	runoff and shall jointly develop a memorandum of understanding
2121	containing best management practices to treat or minimize these
2122	identified constituents. These best management practices shall
2123	be deemed sufficient to satisfy water treatment requirements for
2124	permits required by this part.
2125	Section 27.  Paragraph (d) of subsection (2) of section
2126	348.0003, Florida Statutes, is amended to read:
2127	348.0003  Expressway authority; formation; membership.--
2128	(2)  The governing body of an authority shall consist of
2129	not fewer than five nor more than nine voting members. The
2130	district secretary of the affected department district shall
2131	serve as a nonvoting member of the governing body of each
2132	authority located within the district. Each member of the
2133	governing body must at all times during his or her term of
2134	office be a permanent resident of the county which he or she is
2135	appointed to represent.
2136	(d)  Notwithstanding any provision to the contrary in this
2137	subsection, in any county as defined in s. 125.011(1), the
2138	governing body of an authority shall consist of seven voting up
2139	to 13 members and two nonvoting members, and the following
2140	provisions of this paragraph shall apply specifically to such
2141	authority. Two Except for the district secretary of the
2142	department, the members must be residents of the county. Seven
2143	voting members shall be county commissioners appointed by the
2144	chair of the governing body of the county. One voting member
2145	shall be a mayor of a municipality within the county at all
2146	times while serving on the authority and shall be appointed by
2147	the Miami-Dade County League of Cities. Four At the discretion
2148	of the governing body of the county, up to two of the members
2149	appointed by the governing body of the county may be elected
2150	officials residing in the county. Five voting members of the
2151	authority shall be appointed by the Governor and must be
2152	residents of the county or municipality at all times while
2153	serving. The Governor's appointees shall not be elected or
2154	appointed officials or employees of the county or of a
2155	municipality within the county. One member shall be The district
2156	secretary of the department serving in the district that
2157	contains such county shall be a nonvoting member of the
2158	authority. One member shall be the chair of the Miami-Dade
2159	legislative delegation, or another member of the delegation
2160	appointed by the chair, and shall be a nonvoting member of the
2161	authority. This member shall be an ex officio voting member of
2162	the authority. If the governing board of an authority includes
2163	any member originally appointed by the governing body of the
2164	county as a nonvoting member, when the term of such member
2165	expires, that member shall be replaced by a member appointed by
2166	the Governor until the governing body of the authority is
2167	composed of seven members appointed by the governing body of the
2168	county and five members appointed by the Governor. The
2169	qualifications, terms of office, and obligations and rights of
2170	members of the authority shall be determined by resolution or
2171	ordinance of the governing body of the county in a manner that
2172	is consistent with subsections (3) and (4).
2173	Section 28.  Paragraph (f) of subsection (2) and paragraphs
2174	(a) and (h) of subsection (9) of section 348.0004, Florida
2175	Statutes, are amended to read:
2176	348.0004  Purposes and powers.--
2177	(2)  Each authority may exercise all powers necessary,
2178	appurtenant, convenient, or incidental to the carrying out of
2179	its purposes, including, but not limited to, the following
2180	rights and powers:
2181	(f)1.  To fix, alter, charge, establish, and collect tolls,
2182	rates, fees, rentals, and other charges for the services and
2183	facilities system, which tolls, rates, fees, rentals, and other
2184	charges must always be sufficient to comply with any covenants
2185	made with the holders of any bonds issued pursuant to the
2186	Florida Expressway Authority Act. However, such right and power
2187	may be assigned or delegated by the authority to the department.
2188	Notwithstanding s. 338.165 or any other provision of law to the
2189	contrary, in any county as defined in s. 125.011(1), to the
2190	extent surplus revenues exist, they may be used for purposes
2191	enumerated in subsection (7), provided the expenditures are
2192	consistent with the metropolitan planning organization's adopted
2193	long-range plan. Notwithstanding any other provision of law to
2194	the contrary, but subject to any contractual requirements
2195	contained in documents securing any outstanding indebtedness
2196	payable from tolls, in any county as defined in s. 125.011(1),
2197	the board of county commissioners may, by ordinance adopted on
2198	or before September 30, 1999, alter or abolish existing tolls
2199	and currently approved increases thereto if the board provides a
2200	local source of funding to the county expressway system for
2201	transportation in an amount sufficient to replace revenues
2202	necessary to meet bond obligations secured by such tolls and
2203	increases.
2204	2.  Prior to raising tolls, whether paid by cash or
2205	electronic toll collection, an expressway authority in any
2206	county as defined in s. 125.011(1) shall publish a notice of the
2207	intent to raise tolls in a newspaper of general circulation, as
2208	defined in s. 97.021(18), in the county. The notice shall
2209	provide the amount of increase to be implemented for cash
2210	payment, electronic payment, or both, as applicable. The notice
2211	also shall provide a postal address, an electronic mail or
2212	Internet address, and a local telephone number for the purpose
2213	of receiving public comment on the issue of the toll increase.
2214	The notice shall be published two times, at least 7 days apart,
2215	with the first publication occurring not more than 90 days prior
2216	to the proposed effective date of the toll increase and the
2217	second publication occurring not fewer than 60 days prior to the
2218	proposed effective date of the toll increase. The provisions of
2219	this subparagraph shall not apply to any change in the toll rate
2220	for the use of any portion of the expressway system that has
2221	been approved by this authority prior to July 1, 2006.
2222	(9)  The Legislature declares that there is a public need
2223	for rapid construction of safe and efficient transportation
2224	facilities for travel within the state and that it is in the
2225	public's interest to provide for public-private partnership
2226	agreements to effectuate the construction of additional safe,
2227	convenient, and economical transportation facilities.
2228	(a)  Notwithstanding any other provision of law to the
2229	contrary the Florida Expressway Authority Act, any expressway
2230	authority, transportation authority, bridge authority, or toll
2231	authority established by statute or under this part may receive
2232	or solicit proposals and enter into agreements with private
2233	entities, or consortia thereof, for the building, operation,
2234	ownership, or financing of expressway authority transportation
2235	facilities or new transportation facilities within the
2236	jurisdiction of the expressway authority. An expressway
2237	authority is authorized to adopt rules to implement this
2238	subsection and shall, by rule, establish an application fee for
2239	the submission of unsolicited proposals under this subsection.
2240	The fee must be sufficient to pay the costs of evaluating the
2241	proposals. An expressway authority may engage private
2242	consultants to assist in the evaluation. Before approval, an
2243	expressway authority must determine that a proposed project:
2244	1.  Is in the public's best interest.
2245	2.  Would not require state funds to be used unless the
2246	project is on or provides increased mobility on the State
2247	Highway System.
2248	3.  Would have adequate safeguards to ensure that no
2249	additional costs or service disruptions would be realized by the
2250	traveling public and citizens of the state in the event of
2251	default or the cancellation of the agreement by the expressway
2252	authority.
2253	(h)  Except as herein provided, this subsection is not
2254	intended to amend existing laws by granting additional powers to
2255	or further restricting the governmental entities from regulating
2256	and entering into cooperative arrangements with the private
2257	sector for the planning, construction, and operation of
2258	transportation facilities. Use of the powers granted in this
2259	subsection by a statutorily created expressway authority,
2260	transportation authority, bridge authority, or toll authority,
2261	except one statutorily created under this part, shall not be
2262	subject to any of the requirements of this part except those
2263	contained in this subsection.
2264	Section 29.  Subsection (6) is added to section 348.754,
2265	Florida Statutes, to read:
2266	348.754  Purposes and powers.--
2267	(6)(a)  Notwithstanding s. 255.05, the Orlando-Orange
2268	County Expressway Authority may waive payment and performance
2269	bonds on construction contracts for the construction of a public
2270	building, for the prosecution and completion of a public work,
2271	or for repairs on a public building or public work that has a
2272	cost of $500,000 or less and when the project is awarded
2273	pursuant to an economic development program for the
2274	encouragement of local small businesses that has been adopted by
2275	the governing body of the Orlando-Orange County Expressway
2276	Authority pursuant to a resolution or policy.
2277	(b)  The authority's adopted criteria for participation in
2278	the economic development program for local small businesses
2279	requires that a participant:
2280	1.  Be an independent business.
2281	2.  Be principally domiciled in the Orange County Standard
2282	Metropolitan Statistical Area.
2283	3.  Employ 25 or fewer full-time employees.
2284	4.  Have gross annual sales averaging $3 million or less
2285	over the immediately preceding 3 calendar years with regard to
2286	any construction element of the program.
2287	5.  Be accepted as a participant in the Orlando-Orange
2288	County Expressway Authority's microcontracts program or such
2289	other small business program as may be hereinafter enacted by
2290	the Orlando-Orange County Expressway Authority.
2291	6.  Participate in an educational curriculum or technical
2292	assistance program for business development that will assist the
2293	small business in becoming eligible for bonding.
2294	(c)  The authority's adopted procedures for waiving payment
2295	and performance bonds on projects with values not less than
2296	$200,000 and not exceeding $500,000 shall provide that payment
2297	and performance bonds may only be waived on projects that have
2298	been set aside to be competitively bid on by participants in an
2299	economic development program for local small businesses. The
2300	authority's executive director or his or her designee shall
2301	determine whether specific construction projects are suitable
2302	for:
2303	1.  Bidding under the authority's microcontracts program by
2304	registered local small businesses; and
2305	2.  Waiver of the payment and performance bond.
2306
2307	The decision of the authority's executive director or deputy
2308	executive director to waive the payment and performance bond
2309	shall be based upon his or her investigation and conclusion that
2310	there exists sufficient competition so that the authority
2311	receives a fair price and does not undertake any unusual risk
2312	with respect to such project.
2313	(d)  For any contract for which a payment and performance
2314	bond has been waived pursuant to the authority set forth in this
2315	section, the Orlando-Orange County Expressway Authority shall
2316	pay all persons defined in s. 713.01 who furnish labor,
2317	services, or materials for the prosecution of the work provided
2318	for in the contract to the same extent and upon the same
2319	conditions that a surety on the payment bond under s. 255.05
2320	would have been obligated to pay such persons if the payment and
2321	performance bond had not been waived. The authority shall record
2322	notice of this obligation in the manner and location that surety
2323	bonds are recorded. The notice shall include the information
2324	describing the contract that s. 255.05(1) requires be stated on
2325	the front page of the bond. Notwithstanding that s. 255.05(9)
2326	generally applies when a performance and payment bond is
2327	required, s. 255.05(9) shall apply under this subsection to any
2328	contract on which performance or payment bonds are waived and
2329	any claim to payment under this subsection shall be treated as a
2330	contract claim pursuant to s. 255.05(9).
2331	(e)  A small business that has been the successful bidder
2332	on six projects for which the payment and performance bond was
2333	waived by the authority pursuant to paragraph (a) shall be
2334	ineligible to bid on additional projects for which the payment
2335	and performance bond is to be waived. The local small business
2336	may continue to participate in other elements of the economic
2337	development program for local small businesses as long as it is
2338	eligible.
2339	(f)  The authority shall conduct bond eligibility training
2340	for businesses qualifying for bond waiver under this subsection
2341	to encourage and promote bond eligibility for such businesses.
2342	(g)  The authority shall prepare a biennial report on the
2343	activities undertaken pursuant to this subsection to be
2344	submitted to the Orange County legislative delegation. The
2345	initial report shall be due December 31, 2008.
2346	Section 30.  Subsection (1) of section 212.055, Florida
2347	Statutes, is amended to read:
2348	212.055  Discretionary sales surtaxes; legislative intent;
2349	authorization and use of proceeds.--It is the legislative intent
2350	that any authorization for imposition of a discretionary sales
2351	surtax shall be published in the Florida Statutes as a
2352	subsection of this section, irrespective of the duration of the
2353	levy. Each enactment shall specify the types of counties
2354	authorized to levy; the rate or rates which may be imposed; the
2355	maximum length of time the surtax may be imposed, if any; the
2356	procedure which must be followed to secure voter approval, if
2357	required; the purpose for which the proceeds may be expended;
2358	and such other requirements as the Legislature may provide.
2359	Taxable transactions and administrative procedures shall be as
2360	provided in s. 212.054.
2361	(1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.--
2362	(a)  The governing authority in each charter county which
2363	adopted a charter prior to January 1, 1984, and each county the
2364	government of which is consolidated with that of one or more
2365	municipalities, may levy a discretionary sales surtax pursuant
2366	to an ordinance enacted by a majority of the members of the
2367	county governing authority and, subject to approval by a
2368	majority vote of the electorate of the county or by a charter
2369	amendment approved by a majority vote of the electorate of the
2370	county.
2371	(b)  The rate shall be up to 1 percent.
2372	(c)  The proposal to adopt a discretionary sales surtax as
2373	provided in this subsection and to create a trust fund within
2374	the county accounts shall be placed on the ballot in accordance
2375	with law at a time to be set at the discretion of the governing
2376	body of the county.
2377	(d)  Proceeds from the surtax shall be distributed to the
2378	county and to each municipality within the county in which the
2379	surtax is collected, according to:
2380	1.  A separate interlocal agreement between the county
2381	governing body and the governing body of any municipality within
2382	the county; or
2383	2.  If there is no interlocal agreement between the county
2384	governing body and the governing body of any municipality within
2385	the county, the proceeds shall be distributed according to an
2386	apportionment factor for each eligible local government as
2387	specified in this subparagraph.
2388	a.  The apportionment factor for an eligible county shall
2389	be composed of two equally weighted portions as follows:
2390	(I)  Each eligible county's population in the
2391	unincorporated areas of the county as a percentage of the total
2392	county population as determined pursuant to s. 186.901.
2393	(II)  Each eligible county's percentage of centerline miles
2394	derived from the combined total number of centerline miles owned
2395	and maintained by the county and each municipality within the
2396	county as annually reported in the City/County Mileage Report
2397	promulgated by the Transportation Statistics Office within the
2398	Department of Transportation.
2399	b.  The apportionment factor for an eligible municipality
2400	shall be composed of two equally weighted portions as follows:
2401	(I)  Each eligible municipality's population as a
2402	percentage of the total county population as determined pursuant
2403	to s. 186.901.
2404	(II)  Each eligible municipality's percentage of centerline
2405	miles derived from the combined total number of centerline miles
2406	owned and maintained by the county and each municipality within
2407	the county as annually reported in the City/County Mileage
2408	Report promulgated by the Transportation Statistics Office
2409	within the Department of Transportation.
2410	(e)  A charter county that has adopted a surtax pursuant to
2411	this subsection by referendum as of July 1, 2006, shall not be
2412	required to distribute surtax proceeds pursuant to paragraph (d)
2413	but shall follow the procedures established in paragraph (f).
2414	Each charter county that adopted a charter prior to January 1,
2415	1984, and each county the government of which is consolidated
2416	with that of one or more municipalities, that adopts a surtax
2417	pursuant to this subsection by referendum after July 1, 2006,
2418	shall not be required to distribute surtax proceeds pursuant to
2419	paragraph (d) but shall follow the procedures established in
2420	paragraph (f). Pursuant to an interlocal agreement entered into
2421	pursuant to chapter 163, the governing body of the charter
2422	county may distribute proceeds from the tax to a municipality,
2423	or an expressway or transportation authority created by law, to
2424	be expended for the purposes authorized by paragraph (f).
2425	Interlocal agreements entered into as of July 1, 2006, pursuant
2426	to chapter 163 by the governing body of the county to distribute
2427	proceeds from the tax to a municipality or an expressway or
2428	transportation authority created by law shall not be affected by
2429	the changes made to this subsection by this act effective July
2430	1, 2006.
2431	(f)  Proceeds from the surtax shall be applied to as many
2432	or as few of the uses enumerated below in whatever combination
2433	the governing body of the municipality or the county commission
2434	deems appropriate:
2435	1.  Deposited by the governing body of the municipality or
2436	the county in the trust fund and shall be used for the purposes
2437	of development, construction, equipment, maintenance, operation,
2438	supportive services, including a countywide bus system, and
2439	related costs of a fixed guideway rapid transit system.;
2440	2.  Remitted by the governing body of the municipality or
2441	county to an expressway or transportation authority created by
2442	law to be used, at the discretion of such authority, for the
2443	development, construction, operation, or maintenance of roads,
2444	bicycle and pedestrian facilities, or bridges in the county or
2445	municipality, for the operation and maintenance of a bus system,
2446	for the payment of principal and interest on existing bonds
2447	issued for the construction of such roads, bicycle or pedestrian
2448	facilities, or bridges, and, upon approval by the governing body
2449	of the municipality or county commission, such proceeds may be
2450	pledged for bonds issued to refinance existing bonds or new
2451	bonds issued for the construction of such roads or bridges.;
2452	3.  Used by the charter county for the development,
2453	construction, operation, and maintenance of roads and bridges in
2454	the county; for the expansion, operation, and maintenance of bus
2455	and fixed guideway systems; and for the payment of principal and
2456	interest on bonds issued for the construction of fixed guideway
2457	rapid transit systems, bus systems, roads, or bridges; and such
2458	proceeds may be pledged by the governing body of the county for
2459	bonds issued to refinance existing bonds or new bonds issued for
2460	the construction of such fixed guideway rapid transit systems,
2461	bus systems, roads, or bridges and no more than 25 percent used
2462	for nontransit uses; and
2463	3.4.  Used by the governing body of the municipality or
2464	charter county for the planning, development, construction,
2465	operation, and maintenance of roads, bicycle and pedestrian
2466	facilities, and bridges in the county; for the planning,
2467	development, expansion, operation, and maintenance of bus and
2468	fixed guideway systems; and for the payment of principal and
2469	interest on bonds issued for the construction of fixed guideway
2470	rapid transit systems, bus systems, roads, bicycle and
2471	pedestrian facilities, or bridges; and such proceeds may be
2472	pledged by the governing body of the municipality or county for
2473	bonds issued to refinance existing bonds or new bonds issued for
2474	the construction of such fixed guideway rapid transit systems,
2475	bus systems, roads, bicycle and pedestrian facilities, or
2476	bridges. Pursuant to an interlocal agreement entered into
2477	pursuant to chapter 163, the governing body of the charter
2478	county may distribute proceeds from the tax to a municipality,
2479	or an expressway or transportation authority created by law to
2480	be expended for the purpose authorized by this paragraph.
2481	4.  Used by the county or municipality to fund regionally
2482	significant transportation projects identified in a regional
2483	transportation plan developed in accordance with s. 339.155(5)
2484	or to provide matching funds for the Transportation Regional
2485	Incentive Program in accordance with s. 339.2819 or the New
2486	Starts Transit Program as provided in s. 341.051.
2487	5.  Used by the county or municipality to fund projects
2488	identified in a capital improvements element of a comprehensive
2489	plan that has been determined to be in compliance with part II
2490	of chapter 163 or to implement a long-term concurrency
2491	management system adopted by a local government in accordance
2492	with s. 163.3177(3) or (9).
2493	Section 31.  Department of Transportation study of
2494	transportation facilities providing access to pari-mutuel
2495	facilities and Indian reservations; report and
2496	recommendations.--
2497	(1)  The Department of Transportation is directed to
2498	conduct a study of the impacts that slot machine gaming at pari-
2499	mutuel facilities and on Indian reservation lands is having on
2500	public roads and other transportation facilities, regarding
2501	traffic congestion and other mobility issues, facility
2502	maintenance and repair costs, emergency evacuation readiness,
2503	and costs of potential future widening or other improvements,
2504	and of other impacts on the motoring, nongaming public.
2505	(2)  The study shall include, but is not limited to, the
2506	following information:
2507	(a)  A listing, description, and functional classification
2508	of the access roads to and from pari-mutuel facilities and
2509	Indian reservations that conduct slot machine gaming in the
2510	state.
2511	(b)  An identification of the access roads identified under
2512	paragraph (a) that are either scheduled for improvements within
2513	the Department of Transportation's 5-year work program or are
2514	listed on the 20-year, long-range transportation plan of the
2515	department or a metropolitan planning organization.
2516	(c)  The most recent traffic counts on the access roads and
2517	projected future usage, as well as any projections of impacts on
2518	secondary, feeder, or connector roads, interstate highway exit
2519	and entrance ramps, or other area transportation facilities.
2520	(d)  The safety and maintenance ratings of each access road
2521	and a detailed review of impacts on the ability of local and
2522	state emergency management agencies to provide emergency or
2523	evacuation services.
2524	(e)  The estimated infrastructure costs to maintain,
2525	improve, or widen these access roads based on future projected
2526	needs.
2527	(f)  The feasibility of implementing tolls on these access
2528	roads or, if already tolled, raising the toll to offset and
2529	mitigate the impacts of traffic generated by pari-mutuel
2530	facility and Indian reservation slot machine gaming activities
2531	on nontribal communities in the state and to finance projected
2532	future improvements to the access roads.
2533	(3)  The department shall present its findings and
2534	recommendations in a report to be submitted to the Governor, the
2535	President of the Senate, and the Speaker of the House of
2536	Representatives by January 15, 2007. The report may include any
2537	department recommendations for proposed legislation.
2538	Section 32.  This act shall take effect July 1, 2006.

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