Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for CS for SB 230 Ì4138828Î413882 LEGISLATIVE ACTION Senate . House . . . Floor: 3/AD/2R . 03/20/2014 02:44 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1 Senate Amendment (with title amendment) 2 3 Delete lines 1144 - 1330 4 and insert: 5 Plan. The authority’s expressway system shall be limited to the 6 Poinciana Parkway, as it is described in the Osceola County 7 Expressway Authority May 8, 2012, Master Plan, together with 8 such changes, modifications, or revisions of the project that 9 are deemed desirable and proper. The authority, however, may not 10 extend the Poinciana Parkway beyond the project limits described 11 in the Osceola County Expressway Authority May 8, 2012, Master 12 Plan. In implementing this act, the authority shall institute 13 procedures to encourage the awarding of contracts for 14 professional services and construction to certified minority 15 business enterprises as defined in s. 288.703. The authority 16 shall develop and implement activities to encourage the 17 participation of certified minority business enterprises in the 18 contracting process. 19 Section 19. Subsections (6) and (7) of section 369.317, 20 Florida Statutes, are amended to read: 21 369.317 Wekiva Parkway.— 22 (6) The Central FloridaOrlando-Orange CountyExpressway 23 Authority is hereby granted the authority to act as a third 24 party acquisition agent, pursuant to s. 259.041 on behalf of the 25 Board of Trustees or chapter 373 on behalf of the governing 26 board of the St. Johns River Water Management District, for the 27 acquisition of all necessary lands, property and all interests 28 in property identified herein, including fee simple or less 29 than-fee simple interests. The lands subject to this authority 30 are identified in paragraph 10.a., State of Florida, Office of 31 the Governor, Executive Order 03-112 of July 1, 2003, and in 32 Recommendation 16 of the Wekiva Basin Area Task Force created by 33 Executive Order 2002-259, such lands otherwise known as 34 Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and 35 Lake Counties within Sections 27, 28, 33, and 34 of Township 19 36 South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20 37 South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre 38 parcel located in Lake County within Section 37, Township 19 39 South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in 40 Lake County within Sections 23, 25, 26, 35, and 36, Township 19 41 South, Range 28 East; Pine Plantation, a 617+/-acre tract 42 consisting of eight individual parcels within the Apopka City 43 limits. The Department of Transportation, the Department of 44 Environmental Protection, the St. Johns River Water Management 45 District, and other land acquisition entities shall participate 46 and cooperate in providing information and support to the third 47 party acquisition agent. The land acquisition process authorized 48 by this paragraph shall begin no later than December 31, 2004. 49 Acquisition of the properties identified as Neighborhood Lakes, 50 Pine Plantation, and New Garden Coal, or approval as a 51 mitigation bank shall be concluded no later than December 31, 52 2010. Department of Transportation and Central FloridaOrlando53Orange CountyExpressway Authority funds expended to purchase an 54 interest in those lands identified in this subsection shall be 55 eligible as environmental mitigation for road construction 56 related impacts in the Wekiva Study Area. If any of the lands 57 identified in this subsection are used as environmental 58 mitigation for road-construction-related impacts incurred by the 59 Department of Transportation or Central FloridaOrlando-Orange60CountyExpressway Authority, or for other impacts incurred by 61 other entities, within the Wekiva Study Area or within the 62 Wekiva parkway alignment corridor, and if the mitigation offsets 63 these impacts, the St. Johns River Water Management District and 64 the Department of Environmental Protection shall consider the 65 activity regulated under part IV of chapter 373 to meet the 66 cumulative impact requirements of s. 373.414(8)(a). 67 (a) Acquisition of the land described in this section is 68 required to provide right-of-way for the Wekiva Parkway, a 69 limited access roadway linking State Road 429 to Interstate 4, 70 an essential component in meeting regional transportation needs 71 to provide regional connectivity, improve safety, accommodate 72 projected population and economic growth, and satisfy critical 73 transportation requirements caused by increased traffic volume 74 growth and travel demands. 75 (b) Acquisition of the lands described in this section is 76 also required to protect the surface water and groundwater 77 resources of Lake, Orange, and Seminole counties, otherwise 78 known as the Wekiva Study Area, including recharge within the 79 springshed that provides for the Wekiva River system. Protection 80 of this area is crucial to the long term viability of the Wekiva 81 River and springs and the central Florida region’s water supply. 82 Acquisition of the lands described in this section is also 83 necessary to alleviate pressure from growth and development 84 affecting the surface and groundwater resources within the 85 recharge area. 86 (c) Lands acquired pursuant to this section that are needed 87 for transportation facilities for the Wekiva Parkway shall be 88 determined not necessary for conservation purposes pursuant to 89 ss. 253.034(6) and 373.089(5) and shall be transferred to or 90 retained by the Central FloridaOrlando-Orange CountyExpressway 91 Authority or the Department of Transportation upon reimbursement 92 of the full purchase price and acquisition costs. 93 (7) The Department of Transportation, the Department of 94 Environmental Protection, the St. Johns River Water Management 95 District, Central FloridaOrlando-Orange CountyExpressway 96 Authority, and other land acquisition entities shall cooperate 97 and establish funding responsibilities and partnerships by 98 agreement to the extent funds are available to the various 99 entities. Properties acquired with Florida Forever funds shall 100 be in accordance with s. 259.041 or chapter 373. The Central 101 FloridaOrlando-Orange CountyExpressway Authority shall acquire 102 land in accordance with this section of law to the extent funds 103 are available from the various funding partners, but shall not 104 be required nor assumed to fund the land acquisition beyond the 105 agreement and funding provided by the various land acquisition 106 entities. 107 Section 20. Subsection (1) of section 369.324, Florida 108 Statutes, is amended to read: 109 369.324 Wekiva River Basin Commission.— 110 (1) The Wekiva River Basin Commission is created to monitor 111 and ensure the implementation of the recommendations of the 112 Wekiva River Basin Coordinating Committee for the Wekiva Study 113 Area. The East Central Florida Regional Planning Council shall 114 provide staff support to the commission with funding assistance 115 from the Department of Economic Opportunity. The commission 116 shall be comprised of a total of 1819members appointed by the 117 Governor, 9 of whom shall be voting members and 910shall be ad 118 hoc nonvoting members. The voting members shall include: 119 (a) One member of each of the Boards of County 120 Commissioners for Lake, Orange, and Seminole Counties. 121 (b) One municipal elected official to serve as a 122 representative of the municipalities located within the Wekiva 123 Study Area of Lake County. 124 (c) One municipal elected official to serve as a 125 representative of the municipalities located within the Wekiva 126 Study Area of Orange County. 127 (d) One municipal elected official to serve as a 128 representative of the municipalities located within the Wekiva 129 Study Area of Seminole County. 130 (e) One citizen representing an environmental or 131 conservation organization, one citizen representing a local 132 property owner, a land developer, or an agricultural entity, and 133 one at-large citizen who shall serve as chair of the council. 134 (f) The ad hoc nonvoting members shall include one 135 representative from each of the following entities: 136 1. St. Johns River Management District. 137 2. Department of Economic Opportunity. 138 3. Department of Environmental Protection. 139 4. Department of Health. 140 5. Department of Agriculture and Consumer Services. 141 6. Fish and Wildlife Conservation Commission. 142 7. Department of Transportation. 143 8. MetroPlan Orlando. 144 9. Central FloridaOrlando-Orange CountyExpressway 145 Authority. 14610. Seminole County Expressway Authority.147 Section 21. (1) While the governing body of the authority, 148 upon the effective date of this act, has one or more members 149 from Osceola County as provided in s. 348.753(3), Florida 150 Statutes, and the authority has the purposes and powers 151 described in s. 348.754, Florida Statutes, regarding Osceola 152 County, the Osceola County Expressway Authority shall continue 153 for the duration permitted in this section solely for the 154 purpose of planning and construction of the Poinciana Parkway, 155 which facility is owned by Osceola County and leased to the 156 Osceola County Expressway Authority, as provided and permitted 157 in this subsection. Upon the earlier of December 31, 2016, or 158 the completion of construction of the Poinciana Parkway, a 159 limited access facility of approximately 9 miles in length in 160 Osceola County with its northwestern terminus at the 161 intersection of County Road 54 and US 17/US 92 and its 162 southeastern terminus at the current intersection of 163 Rhododendron and Cypress Parkway, described in the Osceola 164 County Expressway Authority May 8, 2012, Master Plan, all 165 powers, governance, and control of the Osceola County Expressway 166 System, created pursuant to part V, chapter 348, Florida 167 Statutes, are transferred to the Central Florida Expressway 168 Authority, and the assets; liabilities; facilities; tangible and 169 intangible property, and any rights in such property; any rights 170 in or benefits of contract; and any other legal rights and 171 obligations of the Osceola County Expressway Authority are 172 transferred to the Central Florida Expressway Authority. Part V 173 of chapter 348, Florida Statutes, consisting of ss. 348.9950 174 348.9961, is repealed on the same date that the Osceola County 175 Expressway System is transferred to the Central Florida 176 Expressway Authority. 177 (2) The Central Florida Expressway Authority shall comply 178 with any and all obligations of any other governmental entities 179 incurred on behalf of the Osceola County Expressway System, 180 excluding any obligations of Osceola County with respect to 181 acquisition, development, construction, operations, and 182 maintenance of the Poinciana Parkway, and excluding any payment 183 or other obligations of Osceola County under any bonds issued or 184 other debt originally incurred by Osceola County or the Osceola 185 County Expressway Authority for the purpose of financing the 186 planning or construction of the Poinciana Parkway, which shall 187 remain the obligations of Osceola County. Payment obligations 188 transferred to the Central Florida Expressway Authority shall be 189 made from revenues available for such purpose after payment of 190 all amounts required: 191 192 ================= T I T L E A M E N D M E N T ================ 193 And the title is amended as follows: 194 Delete line 83 195 and insert: 196 System; excluding certain obligations and payments of 197 Osceola County regarding the Poinciana Parkway; 198 providing for reimbursement after payment of