Florida Senate - 2014                                     SB 230
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00045A-14                                           2014230__
    1                        A bill to be entitled                      
    2         An act relating to the Orlando-Orange County
    3         Expressway Authority; amending ss. 348.751 and
    4         348.752, F.S.; renaming the Orlando-Orange County
    5         Expressway System as the “Central Florida Expressway
    6         System”; revising definitions; making technical
    7         changes; amending s. 348.753, F.S.; creating the
    8         Central Florida Expressway Authority; providing for
    9         the transfer of governance and control, legal rights
   10         and powers, responsibilities, terms, and obligations
   11         to the authority; providing conditions for the
   12         transfer; revising the composition of the governing
   13         body of the authority; providing for appointment of
   14         officers of the authority and for the expiration of
   15         terms of standing board members; revising quorum and
   16         voting requirements; conforming terminology and making
   17         technical changes; amending s. 348.754, F.S.;
   18         providing that the area served by the authority is
   19         within the geopolitical boundaries of Orange,
   20         Seminole, Lake, and Osceola Counties; requiring the
   21         authority to have prior consent from the Secretary of
   22         the Department of Transportation to construct an
   23         extension, addition, or improvement to the expressway
   24         system in Lake County; extending, to 99 years from 40
   25         years, the term of a lease-purchase agreement;
   26         limiting the authority’s authority to enter into a
   27         lease-purchase agreement; limiting the use of certain
   28         toll-revenues; providing exceptions; removing the
   29         requirement that the route of a project must be
   30         approved by a municipality before the right-of-way can
   31         be acquired; requiring that the authority encourage
   32         the inclusion of local-, small-, minority-, and women
   33         owned businesses in its procurement and contracting
   34         opportunities; removing the authority and criteria for
   35         an authority to waive payment and performance bonds
   36         for certain public works projects that are awarded
   37         pursuant to an economic development program;
   38         conforming terminology and making technical changes;
   39         amending ss. 348.7543, 348.7544, 348.7545, 348.7546,
   40         348.7547, 348.755, and 348.756, F.S.; conforming
   41         terminology and making technical changes; amending s.
   42         348.757, F.S.; providing that upon termination of the
   43         lease-purchase agreement of the former Orlando-Orange
   44         County Expressway System, title in fee simple to the
   45         system will be retained by the authority; conforming
   46         terminology and making technical changes; amending ss.
   47         348.758, 348.759, 348.760, 348.761, 348.765, and
   48         369.317, F.S.; conforming terminology and making
   49         technical changes; amending s. 369.324, F.S.; revising
   50         the membership of the Wekiva River Basin Commission;
   51         conforming terminology; providing criteria for the
   52         transfer of the Osceola County Expressway System to
   53         the Central Florida Expressway Authority; providing
   54         for the repeal of part V of ch. 348, F.S., when the
   55         Osceola County Expressway System is transferred to the
   56         Central Florida Expressway Authority; requiring the
   57         Central Florida Expressway Authority to reimburse
   58         other governmental entities for obligations related to
   59         the Osceola County Expressway System; providing for
   60         reimbursement after payment of other obligations;
   61         providing an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 348.751, Florida Statutes, is amended to
   66  read:
   67         348.751 Short title.—This part shall be known and may be
   68  cited as the “Central Florida Orlando-Orange County Expressway
   69  Authority Law.”
   70         Section 2. Section 348.752, Florida Statutes, is amended to
   71  read:
   72         348.752 Definitions.—As used in this chapter The following
   73  terms, whenever used or referred to in this law, shall have the
   74  following meanings, except in those instances where the context
   75  clearly indicates otherwise:
   76         (1) The term “agency of the state” means and includes the
   77  state and any department of, or corporation, agency, or
   78  instrumentality heretofore or hereafter created, designated, or
   79  established by, the state.
   80         (2) The term “authority” means the body politic and
   81  corporate, and agency of the state created by this part.
   82         (3) The term “bonds” means and includes the notes, bonds,
   83  refunding bonds, or other evidences of indebtedness or
   84  obligations, in either temporary or definitive form, which the
   85  authority is authorized to issue pursuant to this part.
   86         (4) The term “Central Florida Expressway Authority” means
   87  the body politic and corporate, and agency of the state created
   88  by this chapter.
   89         (5) The term “Central Florida Expressway System” means any
   90  expressway and appurtenant facilities, including all approaches,
   91  roads, bridges, and avenues for the expressway and any rapid
   92  transit, trams, or fixed guideways located within the right-of
   93  way of an expressway.
   94         (4) The term “city” means the City of Orlando.
   95         (5) The term “county” means the County of Orange.
   96         (6) The term “department” means the Department of
   97  Transportation existing under chapters 334-339.
   98         (7) The term “expressway” has the same meaning is the same
   99  as limited access expressway.
  100         (8) The term “federal agency” means and includes the United
  101  States, the President of the United States, and any department
  102  of, or corporation, agency, or instrumentality heretofore or
  103  hereafter created, designated, or established by, the United
  104  States.
  105         (9) The term “lease-purchase agreement” means the lease
  106  purchase agreements that which the authority is authorized
  107  pursuant to this part to enter into with the Department of
  108  Transportation pursuant to this part.
  109         (10) The term “limited access expressway” means a street or
  110  highway specifically especially designed for through traffic,
  111  and over, from, or to which, a no person does not shall have the
  112  right of easement, use, or access except in accordance with the
  113  rules of and regulations promulgated and established by the
  114  authority governing its use for the use of such facility. Such
  115  highways or streets may be parkways that do not allow traffic
  116  by, from which trucks, buses, and other commercial vehicles
  117  shall be excluded, or they may be freeways open to use by all
  118  customary forms of street and highway traffic.
  119         (11) The term “members” means the governing body of the
  120  authority, and the term “member” means an individual who serves
  121  on the one of the individuals constituting such governing body
  122  of the authority.
  123         (12) The term “Orange County gasoline tax funds” means all
  124  the revenue derived from the 80-percent surplus gasoline tax
  125  funds accruing in each year to the Department of Transportation
  126  for use in Orange County under the provisions of s. 9, Art. XII
  127  of the State Constitution, after deducting deduction only of any
  128  amounts of said gasoline tax funds previously heretofore pledged
  129  by the department or the county for outstanding obligations.
  130         (13) The term “Orlando-Orange County Expressway System”
  131  means any and all expressways and appurtenant facilities
  132  thereto, including, but not limited to, all approaches, roads,
  133  bridges, and avenues of access for said expressway or
  134  expressways.
  135         (13)(14) The term “State Board of Administration” means the
  136  body corporate existing under the provisions of s. 4, Art. IV of
  137  the State Constitution, or any successor thereto.
  138         (14) The term “transportation facilities” means and
  139  includes the mobile and fixed assets, and the associated real or
  140  personal property or rights, used in the transportation of
  141  persons or property by any means of conveyance, and all
  142  appurtenances, such as, but not limited to, highways; limited or
  143  controlled access lanes, avenues of access, and facilities;
  144  vehicles; fixed guideway facilities, including maintenance
  145  facilities; and administrative and other office space for the
  146  exercise by the authority of the powers and obligations granted
  147  in this part.
  148         (15) Words importing singular number include the plural
  149  number in each case and vice versa, and words importing persons
  150  include firms and corporations.
  151         Section 3. Section 348.753, Florida Statutes, is amended to
  152  read:
  153         348.753 Central Florida Orlando-Orange County Expressway
  154  Authority.—
  155         (1) There is hereby created and established a body politic
  156  and corporate, an agency of the state, to be known as the
  157  Central Florida Orlando-Orange County Expressway Authority.,
  158  hereinafter referred to as “authority.”
  159         (2)(a)Effective July 1, 2015, the Central Florida
  160  Expressway Authority shall assume the governance and control of
  161  the Orlando-Orange County Expressway Authority System, including
  162  its assets, personnel, contracts, obligations, liabilities,
  163  facilities, and tangible and intangible property. Any rights in
  164  such property, and other legal rights of the authority, are
  165  transferred to the Central Florida Expressway Authority. The
  166  Central Florida Expressway Authority shall succeed to and assume
  167  the powers, responsibilities, and obligations of the Orlando
  168  Orange County Expressway Authority on July 1, 2015.
  169         (b)The transfer pursuant to this subsection is subject to
  170  the terms and covenants provided for the protection of the
  171  holders of the Orlando-Orange County Expressway Authority bonds
  172  in the lease-purchase agreement and the resolutions adopted in
  173  connection with the issuance of the bonds. Further, the transfer
  174  does not impair the terms of the contract between the Orlando
  175  Orange County Expressway Authority and the bondholders, does not
  176  act to the detriment of the bondholders, and does not diminish
  177  the security for the bonds. After the transfer, the Central
  178  Florida Expressway Authority shall operate and maintain the
  179  expressway system and any other facilities of the Orlando-Orange
  180  County Expressway Authority in accordance with the terms,
  181  conditions, and covenants contained in the bond resolutions and
  182  lease-purchase agreement securing the bonds of the authority.
  183  The Central Florida Expressway Authority shall collect toll
  184  revenues and apply them to the payment of debt service as
  185  provided in the bond resolution securing the bonds, and shall
  186  expressly assume all obligations relating to the bonds to ensure
  187  that the transfer will have no adverse impact on the security
  188  for the bonds. The transfer does not make the obligation to pay
  189  the principal and interest on the bonds a general liability of
  190  the Central Florida Expressway Authority or pledge additional
  191  expressway system revenues to payment of the bonds. Revenues
  192  that are generated by the expressway system and other facilities
  193  of the Central Florida Expressway Authority which were pledged
  194  by the Orlando-Orange County Expressway Authority to payment of
  195  the bonds will remain subject to the pledge for the benefit of
  196  the bondholders. The transfer does not modify or eliminate any
  197  prior obligation of the department to pay certain costs of the
  198  expressway system from sources other than revenues of the
  199  expressway system.
  200         (3)(2) The governing body of the authority shall consist of
  201  11 five members. The chairs of the boards of the county
  202  commissions of Seminole, Lake, and Osceola Counties shall each
  203  appoint one member, who may be a commission member or chair. The
  204  Governor shall appoint six citizen members. Of the Governor’s
  205  appointments, two Three members must shall be citizens of Orange
  206  County, one member each must be a citizen of Seminole, Lake, and
  207  Osceola Counties, and one member may be a citizen of any of the
  208  identified counties who shall be appointed by the Governor. The
  209  10th fourth member must shall be, ex officio, the Mayor of chair
  210  of the County Commissioners of Orange County. The 11th member
  211  must be the Mayor of the City of Orlando. The executive director
  212  of Florida Turnpike Enterprise shall serve as a nonvoting
  213  advisor to the governing body of the authority, and the fifth
  214  member shall be, ex officio, the district secretary of the
  215  Department of Transportation serving in the district that
  216  contains Orange County. The term of Each appointed member
  217  appointed by the Governor shall serve be for 4 years. Each
  218  county-appointed member shall serve for 2 years. The terms of
  219  standing board members expire on July 1, 2015. Each appointed
  220  member shall hold office until his or her successor has been
  221  appointed and has qualified. A vacancy occurring during a term
  222  must shall be filled only for the balance of the unexpired term.
  223  Each appointed member of the authority shall be a person of
  224  outstanding reputation for integrity, responsibility, and
  225  business ability, but, except as provided in this subsection, a
  226  no person who is an officer or employee of a municipality or any
  227  city or of Orange county may not in any other capacity shall be
  228  an appointed member of the authority. Any member of the
  229  authority is shall be eligible for reappointment.
  230         (4)(3)(a) The authority shall elect one of its members as
  231  chair of the authority. The authority shall also elect one of
  232  its members as vice chair, one of its members as a secretary,
  233  and one of its members as a treasurer who may or may not be
  234  members of the authority. The chair, vice chair, secretary, and
  235  treasurer shall hold such offices at the will of the authority.
  236  Six Three members of the authority shall constitute a quorum,
  237  and the vote of six three members is shall be necessary for any
  238  action taken by the authority. A No vacancy in the authority
  239  does not shall impair the right of a quorum of the authority to
  240  exercise all of the rights and perform all of the duties of the
  241  authority.
  242         (b) Upon the effective date of his or her appointment, or
  243  as soon thereafter as practicable, each appointed member of the
  244  authority shall enter upon his or her duties.
  245         (5)(4)(a) The authority may employ an executive secretary,
  246  an executive director, its own counsel and legal staff,
  247  technical experts, and the such engineers, and such employees
  248  that, permanent or temporary, as it requires. The authority may
  249  require and may determine the qualifications and fix the
  250  compensation of such persons, firms, or corporations, and may
  251  employ a fiscal agent or agents;, provided, however, that the
  252  authority shall solicit sealed proposals from at least three
  253  persons, firms, or corporations for the performance of any
  254  services as fiscal agents. The authority may delegate to one or
  255  more of its agents or employees the such of its power as it
  256  deems shall deem necessary to carry out the purposes of this
  257  part, subject always to the supervision and control of the
  258  authority. Members of the authority may be removed from their
  259  office by the Governor for misconduct, malfeasance, misfeasance,
  260  or nonfeasance in office.
  261         (b) Members of the authority are shall be entitled to
  262  receive from the authority their travel and other necessary
  263  expenses incurred in connection with the business of the
  264  authority as provided in s. 112.061, but may not they shall draw
  265  no salaries or other compensation.
  266         Section 4. Section 348.754, Florida Statutes, is amended to
  267  read:
  268         348.754 Purposes and powers.—
  269         (1)(a) The authority created and established under by the
  270  provisions of this part is hereby granted and has shall have the
  271  right to acquire, hold, construct, improve, maintain, operate,
  272  own, and lease in the capacity of lessor, the Central Florida
  273  Orlando-Orange County Expressway System, hereinafter referred to
  274  as “system.” Except as otherwise specifically provided by law,
  275  including paragraph (2)(n), the area served by the authority
  276  shall be within the geographical boundaries of Orange, Seminole,
  277  Lake, and Osceola Counties.
  278         (b) It is the express intention of this part that said
  279  authority, In the construction of the Central Florida said
  280  Orlando-Orange County Expressway System, the authority may shall
  281  be authorized to construct any extensions, additions, or
  282  improvements to the said system or appurtenant facilities,
  283  including all necessary approaches, roads, bridges, and avenues
  284  of access, rapid transit, trams, fixed guideways, thoroughfares,
  285  and boulevards with any such changes, modifications, or
  286  revisions of the said project which are as shall be deemed
  287  desirable and proper.
  288         (c)Notwithstanding any other provision of this section to
  289  the contrary, to ensure the continued financial feasibility of
  290  the portion of the Wekiva Parkway to be constructed by the
  291  department, the authority may not, without the prior consent of
  292  the secretary of the department, construct any extensions,
  293  additions, or improvements to the expressway system in Lake
  294  County.
  295         (2) The authority is hereby granted, and shall have and may
  296  exercise all powers necessary, appurtenant, convenient, or
  297  incidental to the implementation carrying out of the stated
  298  aforesaid purposes, including, but not without being limited to,
  299  the following rights and powers:
  300         (a) To sue and be sued, implead and be impleaded, complain
  301  and defend in all courts.
  302         (b) To adopt, use, and alter at will a corporate seal.
  303         (c) To acquire by donation or otherwise, purchase, hold,
  304  lease as lessee, and use any franchise or any, property, real,
  305  personal, or mixed, or tangible or intangible, or any options
  306  thereof in its own name or in conjunction with others, or
  307  interest in those options therein, necessary or desirable to
  308  carry for carrying out the purposes of the authority, and to
  309  sell, lease as lessor, transfer, and dispose of any property or
  310  interest in the property therein at any time acquired by it.
  311         (d) To enter into and make leases for terms not exceeding
  312  99 years, as either lessee or lessor, in order to carry out the
  313  right to lease as specified set forth in this part.
  314         (e) To enter into and make lease-purchase agreements with
  315  the department for terms not exceeding 99 40 years, or until any
  316  bonds secured by a pledge of rentals pursuant to the agreement
  317  thereunder, and any refundings pursuant to the agreement
  318  thereof, are fully paid as to both principal and interest,
  319  whichever is longer. The authority is a party to a lease
  320  purchase agreement between the department and the authority
  321  dated December 23, 1985, as supplemented by a first supplement
  322  to the lease-purchase agreement dated November 25, 1986, and a
  323  second supplement to the lease-purchase agreement dated October
  324  27, 1988. The authority may not enter into other lease-purchase
  325  agreements with the department and may not amend the existing
  326  agreement in a manner that expands or increases the department’s
  327  obligations unless the department determines that the agreement
  328  or amendment is necessary to permit the refunding of bonds
  329  issued before July 1, 2013.
  330         (f) To fix, alter, charge, establish, and collect rates,
  331  fees, rentals, and other charges for the services and facilities
  332  of the Central Florida Orlando-Orange County Expressway System,
  333  which must rates, fees, rentals and other charges shall always
  334  be sufficient to comply with any covenants made with the holders
  335  of any bonds issued pursuant to this part; provided, however,
  336  that such right and power may be assigned or delegated, by the
  337  authority, to the department. Toll revenues attributable to an
  338  increase in the toll rates charged on or after July 1, 2015, for
  339  the use of a facility or portion of a facility may not be used
  340  to construct or expand a different facility unless a two-thirds
  341  majority of the members of the authority votes to approve such
  342  use. This requirement does not apply if, and to the extent that:
  343         1. Application of the requirement would violate any
  344  covenant established in a resolution or trust indenture under
  345  which bonds were issued by the Orlando-Orange County Expressway
  346  Authority on or before July 1, 2015; or
  347         2. Application of the requirement would cause the authority
  348  to be unable to meet its obligations under the terms of the
  349  memorandum of understanding between the authority and the
  350  department as ratified by the Orlando-Orange County Expressway
  351  Authority board on February 22, 2012.
  352  
  353  Notwithstanding s. 338.165, and except as otherwise prohibited
  354  by this part, to the extent revenues of the expressway system
  355  exceed amounts required to comply with any covenants made with
  356  the holders of bonds issued pursuant to this part, revenues may
  357  be used for purposes enumerated in subsection (6), provided the
  358  expenditures are consistent with the metropolitan planning
  359  organization’s adopted long-range plan.
  360         (g) To borrow money, make and issue negotiable notes,
  361  bonds, refunding bonds, and other evidences of indebtedness or
  362  obligations, either in temporary or definitive form, hereinafter
  363  in this chapter sometimes called “bonds” of the authority, for
  364  the purpose of financing all or part of the improvement or
  365  extension of the Central Florida Orlando-Orange County
  366  Expressway System, and appurtenant facilities, including all
  367  approaches, streets, roads, bridges, and avenues of access for
  368  the Central Florida said Orlando-Orange County Expressway System
  369  and for any other purpose authorized by this part, said bonds to
  370  mature in not exceeding 40 years from the date of the issuance
  371  thereof, and to secure the payment of such bonds or any part
  372  thereof by a pledge of any or all of its revenues, rates, fees,
  373  rentals, or other charges, including all or any portion of the
  374  Orange County gasoline tax funds received by the authority
  375  pursuant to the terms of any lease-purchase agreement between
  376  the authority and the department; and in general to provide for
  377  the security of the said bonds and the rights and remedies of
  378  the holders thereof. Provided, However, that no portion of the
  379  Orange County gasoline tax funds may shall be pledged for the
  380  construction of any project for which a toll is to be charged
  381  unless the anticipated toll is tolls are reasonably estimated by
  382  the board of county commissioners, at the date of its resolution
  383  pledging the said funds, to be sufficient to cover the principal
  384  and interest of such obligations during the period when the said
  385  pledge of funds is shall be in effect. The bonds issued under
  386  this paragraph must mature not more than 40 years after their
  387  issue date.
  388         1. The authority shall reimburse Orange County for any sums
  389  expended from the said gasoline tax funds used for the payment
  390  of such obligations. Any gasoline tax funds so disbursed must
  391  shall be repaid when the authority deems it practicable,
  392  together with interest at the highest rate applicable to any
  393  obligations of the authority.
  394         2. If, pursuant to this section, In the event the authority
  395  funds shall determine to fund or refunds refund any bonds
  396  previously theretofore issued by the said authority, or the by
  397  said commission before the bonds mature as aforesaid prior to
  398  the maturity thereof, the proceeds of such funding or refunding
  399  must bonds shall, pending the prior redemption of these the
  400  bonds to be funded or refunded, be invested in direct
  401  obligations of the United States, and it is the express
  402  intention of this part that such outstanding bonds may be funded
  403  or refunded by the issuance of bonds pursuant to this part.
  404         (h) To make contracts of every name and nature, including,
  405  but not limited to, partnerships providing for participation in
  406  ownership and revenues, and to execute all instruments necessary
  407  or convenient for conducting the carrying on of its business.
  408         (i) Notwithstanding paragraphs (a)-(h), Without limitation
  409  of the foregoing, to borrow money and accept grants from, and to
  410  enter into contracts, leases, or other transactions with any
  411  federal agency, the state, any agency of the state, the County
  412  of Orange, the City of Orlando, or with any other public body of
  413  the state.
  414         (j) To have the power of eminent domain, including the
  415  procedural powers granted under both chapters 73 and 74.
  416         (k) To pledge, hypothecate, or otherwise encumber all or
  417  any part of the revenues, rates, fees, rentals, or other charges
  418  or receipts of the authority, including all or any portion of
  419  the Orange County gasoline tax funds received by the authority
  420  pursuant to the terms of any lease-purchase agreement between
  421  the authority and the department, as security for all or any of
  422  the obligations of the authority.
  423         (l) To enter into partnership and other agreements
  424  respecting ownership and revenue participation in order to
  425  facilitate financing and constructing the Western Beltway, or
  426  portions thereof.
  427         (m) To do everything all acts and things necessary or
  428  convenient for the conduct of its business and the general
  429  welfare of the authority, in order to comply with carry out the
  430  powers granted to it by this part or any other law.
  431         (n) With the consent of the county within whose
  432  jurisdiction the following activities occur, the authority shall
  433  have the right to construct, operate, and maintain roads,
  434  bridges, avenues of access, transportation facilities,
  435  thoroughfares, and boulevards outside the jurisdictional
  436  boundaries of Orange, Seminole, Lake, and Osceola Counties
  437  County, together with the right to construct, repair, replace,
  438  operate, install, and maintain electronic toll payment systems
  439  thereon, with all necessary and incidental powers to accomplish
  440  the foregoing.
  441         (3) The authority does not shall have the no power at any
  442  time or in any manner to pledge the credit or taxing power of
  443  the state or any political subdivision or agency thereof,
  444  including any city and any county the City of Orlando and the
  445  County of Orange, nor may nor shall any of the authority’s
  446  obligations be deemed to be obligations of the state or of any
  447  political subdivision or agency thereof, nor may nor shall the
  448  state or any political subdivision or agency thereof, except the
  449  authority, be liable for the payment of the principal of or
  450  interest on such obligations.
  451         (4) Anything in this part to the contrary notwithstanding,
  452  acquisition of right-of-way for a project of the authority which
  453  is within the boundaries of any municipality in Orange County
  454  shall not be begun unless and until the route of said project
  455  within said municipality has been given prior approval by the
  456  governing body of said municipality.
  457         (4)(5) The authority has shall have no power other than by
  458  consent of an affected Orange county or any affected city, to
  459  enter into any agreement which would legally prohibit the
  460  construction of a any road by the respective county or city
  461  Orange County or by any city within Orange County.
  462         (5)The authority shall encourage the inclusion of local-,
  463  small-, minority-, and women-owned businesses in its procurement
  464  and contracting opportunities.
  465         (6)(a)The authority may, within the right-of-way of the
  466  expressway system, finance or refinance the planning, design,
  467  acquisition, construction, extension, rehabilitation, equipping,
  468  preservation, maintenance, or improvement of an intermodal
  469  facility or facilities, a multimodal corridor or corridors, or
  470  any programs or projects that will improve the levels of service
  471  on the expressway system Notwithstanding s. 255.05, the Orlando
  472  Orange County Expressway Authority may waive payment and
  473  performance bonds on construction contracts for the construction
  474  of a public building, for the prosecution and completion of a
  475  public work, or for repairs on a public building or public work
  476  that has a cost of $500,000 or less and when the project is
  477  awarded pursuant to an economic development program for the
  478  encouragement of local small businesses that has been adopted by
  479  the governing body of the Orlando-Orange County Expressway
  480  Authority pursuant to a resolution or policy.
  481         (b) The authority’s adopted criteria for participation in
  482  the economic development program for local small businesses
  483  requires that a participant:
  484         1. Be an independent business.
  485         2. Be principally domiciled in the Orange County Standard
  486  Metropolitan Statistical Area.
  487         3. Employ 25 or fewer full-time employees.
  488         4. Have gross annual sales averaging $3 million or less
  489  over the immediately preceding 3 calendar years with regard to
  490  any construction element of the program.
  491         5. Be accepted as a participant in the Orlando-Orange
  492  County Expressway Authority’s microcontracts program or such
  493  other small business program as may be hereinafter enacted by
  494  the Orlando-Orange County Expressway Authority.
  495         6. Participate in an educational curriculum or technical
  496  assistance program for business development that will assist the
  497  small business in becoming eligible for bonding.
  498         (c) The authority’s adopted procedures for waiving payment
  499  and performance bonds on projects with values not less than
  500  $200,000 and not exceeding $500,000 shall provide that payment
  501  and performance bonds may only be waived on projects that have
  502  been set aside to be competitively bid on by participants in an
  503  economic development program for local small businesses. The
  504  authority’s executive director or his or her designee shall
  505  determine whether specific construction projects are suitable
  506  for:
  507         1. Bidding under the authority’s microcontracts program by
  508  registered local small businesses; and
  509         2. Waiver of the payment and performance bond.
  510  
  511  The decision of the authority’s executive director or deputy
  512  executive director to waive the payment and performance bond
  513  shall be based upon his or her investigation and conclusion that
  514  there exists sufficient competition so that the authority
  515  receives a fair price and does not undertake any unusual risk
  516  with respect to such project.
  517         (d) For any contract for which a payment and performance
  518  bond has been waived pursuant to the authority set forth in this
  519  section, the Orlando-Orange County Expressway Authority shall
  520  pay all persons defined in s. 713.01 who furnish labor,
  521  services, or materials for the prosecution of the work provided
  522  for in the contract to the same extent and upon the same
  523  conditions that a surety on the payment bond under s. 255.05
  524  would have been obligated to pay such persons if the payment and
  525  performance bond had not been waived. The authority shall record
  526  notice of this obligation in the manner and location that surety
  527  bonds are recorded. The notice shall include the information
  528  describing the contract that s. 255.05(1) requires be stated on
  529  the front page of the bond. Notwithstanding that s. 255.05(9)
  530  generally applies when a performance and payment bond is
  531  required, s. 255.05(9) shall apply under this subsection to any
  532  contract on which performance or payment bonds are waived and
  533  any claim to payment under this subsection shall be treated as a
  534  contract claim pursuant to s. 255.05(9).
  535         (e) A small business that has been the successful bidder on
  536  six projects for which the payment and performance bond was
  537  waived by the authority pursuant to paragraph (a) shall be
  538  ineligible to bid on additional projects for which the payment
  539  and performance bond is to be waived. The local small business
  540  may continue to participate in other elements of the economic
  541  development program for local small businesses as long as it is
  542  eligible.
  543         (f) The authority shall conduct bond eligibility training
  544  for businesses qualifying for bond waiver under this subsection
  545  to encourage and promote bond eligibility for such businesses.
  546         (g) The authority shall prepare a biennial report on the
  547  activities undertaken pursuant to this subsection to be
  548  submitted to the Orange County legislative delegation. The
  549  initial report shall be due December 31, 2010.
  550         Section 5. Section 348.7543, Florida Statutes, is amended
  551  to read:
  552         348.7543 Improvements, bond financing authority for.
  553  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  554  Legislature hereby approves for bond financing by the Central
  555  Florida Orlando-Orange County Expressway Authority improvements
  556  to toll collection facilities, interchanges to the legislatively
  557  approved expressway system, and any other facility appurtenant,
  558  necessary, or incidental to the approved system. Subject to
  559  terms and conditions of applicable revenue bond resolutions and
  560  covenants, such costs may be financed in whole or in part by
  561  revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether
  562  currently issued or issued in the future, or by a combination of
  563  such bonds.
  564         Section 6. Section 348.7544, Florida Statutes, is amended
  565  to read:
  566         348.7544 Northwest Beltway Part A, construction authorized;
  567  financing.—Notwithstanding s. 338.2275, the Central Florida
  568  Orlando-Orange County Expressway Authority may is hereby
  569  authorized to construct, finance, operate, own, and maintain
  570  that portion of the Western Beltway known as the Northwest
  571  Beltway Part A, extending from Florida’s Turnpike near Ocoee
  572  north to U.S. 441 near Apopka, as part of the authority’s 20
  573  year capital projects plan. This project may be financed with
  574  any funds available to the authority for such purpose or revenue
  575  bonds issued by the Division of Bond Finance of the State Board
  576  of Administration on behalf of the authority pursuant to s. 11,
  577  Art. VII of the State Constitution and the State Bond Act, ss.
  578  215.57-215.83.
  579         Section 7. Section 348.7545, Florida Statutes, is amended
  580  to read:
  581         348.7545 Western Beltway Part C, construction authorized;
  582  financing.—Notwithstanding s. 338.2275, the Central Florida
  583  Orlando-Orange County Expressway Authority may is authorized to
  584  exercise its condemnation powers, construct, finance, operate,
  585  own, and maintain that portion of the Western Beltway known as
  586  the Western Beltway Part C, extending from Florida’s Turnpike
  587  near Ocoee in Orange County southerly through Orange and Osceola
  588  Counties to an interchange with I-4 near the Osceola-Polk County
  589  line, as part of the authority’s 20-year capital projects plan.
  590  This project may be financed with any funds available to the
  591  authority for such purpose or revenue bonds issued by the
  592  Division of Bond Finance of the State Board of Administration on
  593  behalf of the authority pursuant to s. 11, Art. VII of the State
  594  Constitution and the State Bond Act, ss. 215.57-215.83. This
  595  project may be refinanced with bonds issued by the authority
  596  pursuant to s. 348.755(1)(d).
  597         Section 8. Section 348.7546, Florida Statutes, is amended
  598  to read:
  599         348.7546 Wekiva Parkway, construction authorized;
  600  financing.—
  601         (1) The Central Florida Orlando-Orange County Expressway
  602  Authority may is authorized to exercise its condemnation powers
  603  and to construct, finance, operate, own, and maintain those
  604  portions of the Wekiva Parkway which are identified by agreement
  605  between the authority and the department and which are included
  606  as part of the authority’s long-range capital improvement plan.
  607  The “Wekiva Parkway” means any limited access highway or
  608  expressway constructed between State Road 429 and Interstate 4
  609  specifically incorporating the corridor alignment recommended by
  610  Recommendation 2 of the Wekiva River Basin Area Task Force final
  611  report dated January 15, 2003, and the recommendations of the SR
  612  429 Working Group which were adopted January 16, 2004. This
  613  project may be financed with any funds available to the
  614  authority for such purpose or revenue bonds issued by the
  615  authority under s. 11, Art. VII of the State Constitution and s.
  616  348.755(1)(b). This section does not invalidate the exercise by
  617  the authority of its condemnation powers or the acquisition of
  618  any property for the Wekiva Parkway before July 1, 2012.
  619         (2) Notwithstanding any other provision of law to the
  620  contrary, in order to ensure that funds are available to the
  621  department for its portion of the Wekiva Parkway, beginning July
  622  1, 2012, the authority shall repay the expenditures by the
  623  department for costs of operation and maintenance of the Central
  624  Florida Orlando-Orange County Expressway System in accordance
  625  with the terms of the memorandum of understanding between the
  626  authority and the department as ratified by the authority board
  627  on February 22, 2012, which requires the authority to pay the
  628  department $10 million on July 1, 2012, and $20 million on each
  629  successive July 1 until the department has been fully reimbursed
  630  for all costs of the Central Florida Orlando-Orange County
  631  Expressway System which were paid, advanced, or reimbursed to
  632  the authority by the department, with a final payment in the
  633  amount of the balance remaining. Notwithstanding any other law
  634  to the contrary, the funds paid to the department pursuant to
  635  this subsection must shall be allocated by the department for
  636  construction of the Wekiva Parkway.
  637         (3) The department’s obligation to construct its portions
  638  of the Wekiva Parkway is contingent upon the timely payment by
  639  the authority of the annual payments required of the authority
  640  and receipt of all required environmental permits and approvals
  641  by the Federal Government.
  642         Section 9. Section 348.7547, Florida Statutes, is amended
  643  to read:
  644         348.7547 Maitland Boulevard Extension and Northwest Beltway
  645  Part A Realignment construction authorized; financing.
  646  Notwithstanding s. 338.2275, the Central Florida Orlando-Orange
  647  County Expressway Authority may is hereby authorized to exercise
  648  its condemnation powers, construct, finance, operate, own, and
  649  maintain the portion of State Road 414 known as the Maitland
  650  Boulevard Extension and the realigned portion of the Northwest
  651  Beltway Part A as part of the authority’s long-range capital
  652  improvement plan. The Maitland Boulevard Extension extends will
  653  extend from the current terminus of State Road 414 at U.S. 441
  654  west to State Road 429 in west Orange County. The realigned
  655  portion of the Northwest Beltway Part A runs will run from the
  656  point at or near where the Maitland Boulevard Extension connects
  657  will connect with State Road 429 and proceeds will proceed to
  658  the west and then north resulting in the northern terminus of
  659  State Road 429 moving farther west before reconnecting with U.S.
  660  441. However, under no circumstances may shall the realignment
  661  of the Northwest Beltway Part A conflict with or contradict with
  662  the alignment of the Wekiva Parkway as defined in s. 348.7546.
  663  This project may be financed with any funds available to the
  664  authority for such purpose or revenue bonds issued by the
  665  authority under s. 11, Art. VII of the State Constitution and s.
  666  348.755(1)(b).
  667         Section 10. Subsections (2) and (3) of section 348.755,
  668  Florida Statutes, are amended to read:
  669         348.755 Bonds of the authority.—
  670         (2) Any such resolution that authorizes or resolutions
  671  authorizing any bonds issued under this section hereunder may
  672  contain provisions that must which shall be part of the contract
  673  with the holders of such bonds, relating as to:
  674         (a) The pledging of all or any part of the revenues, rates,
  675  fees, rentals, (including all or any portion of the Orange
  676  County gasoline tax funds received by the authority pursuant to
  677  the terms of any lease-purchase agreement between the authority
  678  and the department, or any part thereof), or other charges or
  679  receipts of the authority, derived by the authority, from the
  680  Central Florida Orlando-Orange County Expressway System.
  681         (b) The completion, improvement, operation, extension,
  682  maintenance, repair, lease or lease-purchase agreement of the
  683  said system, and the duties of the authority and others,
  684  including the department, with reference thereto.
  685         (c) Limitations on the purposes to which the proceeds of
  686  the bonds, then or thereafter to be issued, or of any loan or
  687  grant by the United States or the state may be applied.
  688         (d) The fixing, charging, establishing, and collecting of
  689  rates, fees, rentals, or other charges for use of the services
  690  and facilities of the Central Florida Orlando-Orange County
  691  Expressway System or any part thereof.
  692         (e) The setting aside of reserves or sinking funds or
  693  repair and replacement funds and the regulation and disposition
  694  thereof.
  695         (f) Limitations on the issuance of additional bonds.
  696         (g) The terms and provisions of any lease-purchase
  697  agreement, deed of trust or indenture securing the bonds, or
  698  under which the same may be issued.
  699         (h) Any other or additional agreements with the holders of
  700  the bonds which the authority may deem desirable and proper.
  701         (3) The authority may employ fiscal agents as provided by
  702  this part or the State Board of Administration of Florida may
  703  upon request of the authority act as fiscal agent for the
  704  authority in the issuance of any bonds that which may be issued
  705  pursuant to this part, and the State Board of Administration may
  706  upon request of the authority take over the management, control,
  707  administration, custody, and payment of any or all debt services
  708  or funds or assets now or hereafter available for any bonds
  709  issued pursuant to this part. The authority may enter into any
  710  deeds of trust, indentures or other agreements with its fiscal
  711  agent, or with any bank or trust company within or without the
  712  state, as security for such bonds, and may, under such
  713  agreements, sign and pledge all or any of the revenues, rates,
  714  fees, rentals or other charges or receipts of the authority,
  715  including all or any portion of the Orange County gasoline tax
  716  funds received by the authority pursuant to the terms of any
  717  lease-purchase agreement between the authority and the
  718  department, thereunder. Such deed of trust, indenture, or other
  719  agreement may contain such provisions as are customary in such
  720  instruments, or, as the authority may authorize, including but
  721  without limitation, provisions as to:
  722         (a) The completion, improvement, operation, extension,
  723  maintenance, repair, and lease of, or lease-purchase agreement
  724  relating to the Central Florida Orlando-Orange County Expressway
  725  System, and the duties of the authority and others including the
  726  department, with reference thereto.
  727         (b) The application of funds and the safeguarding of funds
  728  on hand or on deposit.
  729         (c) The rights and remedies of the trustee and the holders
  730  of the bonds.
  731         (d) The terms and provisions of the bonds or the
  732  resolutions authorizing the issuance of same.
  733         Section 11. Subsections (3) and (4) of section 348.756,
  734  Florida Statutes, are amended to read:
  735         348.756 Remedies of the bondholders.—
  736         (3) When a Any trustee is when appointed pursuant to
  737  subsection (1) as aforesaid, or is acting under a deed of trust,
  738  indenture, or other agreement, and whether or not all bonds have
  739  been declared due and payable, the trustee is shall be entitled
  740  as of right to the appointment of a receiver, who may enter upon
  741  and take possession of the Central Florida Orlando-Orange County
  742  Expressway System or the facilities or any part of the system or
  743  facilities or parts thereof, the rates, fees, rentals, or other
  744  revenues, charges, or receipts that from which are, or may be,
  745  applicable to the payment of the bonds so in default, and
  746  subject to and in compliance with the provisions of any lease
  747  purchase agreement between the authority and the department
  748  operate and maintain the same, for and on behalf of and in the
  749  name of, the authority, the department, and the bondholders, and
  750  collect and receive all rates, fees, rentals, and other charges
  751  or receipts or revenues arising therefrom in the same manner as
  752  the authority or the department might do, and shall deposit all
  753  such moneys in a separate account and apply the same in such
  754  manner as the court directs shall direct. In any suit, action,
  755  or proceeding by the trustee, the fees, counsel fees, and
  756  expenses of the trustee, and the said receiver, if any, and all
  757  costs and disbursements allowed by the court must shall be a
  758  first charge on any rates, fees, rentals, or other charges,
  759  revenues, or receipts, derived from the Central Florida Orlando
  760  Orange County Expressway System, or the facilities or services
  761  or any part of the system or facilities or parts thereof,
  762  including payments under any such lease-purchase agreement as
  763  aforesaid which said rates, fees, rentals, or other charges,
  764  revenues, or receipts shall or may be applicable to the payment
  765  of the bonds that are so in default. The Such trustee has shall,
  766  in addition to the foregoing, have and possess all of the powers
  767  necessary or appropriate for the exercise of any functions
  768  specifically set forth in this section herein or incident to the
  769  representation of the bondholders in the enforcement and
  770  protection of their rights.
  771         (4) Nothing in This section or any other section of this
  772  part does not shall authorize any receiver appointed pursuant
  773  hereto for the purpose, subject to and in compliance with the
  774  provisions of any lease-purchase agreement between the authority
  775  and the department, of operating and maintaining the Central
  776  Florida Orlando-Orange County Expressway System or any
  777  facilities or part of the system or facilities or parts thereof,
  778  to sell, assign, mortgage, or otherwise dispose of any of the
  779  assets of whatever kind and character belonging to the
  780  authority. It is the intention of this part to limit The powers
  781  of the such receiver, subject to and in compliance with the
  782  provisions of any lease-purchase agreement between the authority
  783  and the department, are limited to the operation and maintenance
  784  of the Central Florida Orlando-Orange County Expressway System,
  785  or any facility, or part or parts thereof, as the court may
  786  direct, in the name and for and on behalf of the authority, the
  787  department, and the bondholders, and no holder of bonds on the
  788  authority nor any trustee, has shall ever have the right in any
  789  suit, action, or proceeding at law or in equity, to compel a
  790  receiver, nor may shall any receiver be authorized or any court
  791  be empowered to direct the receiver to sell, assign, mortgage,
  792  or otherwise dispose of any assets of whatever kind or character
  793  belonging to the authority.
  794         Section 12. Subsections (1) through (7) of section 348.757,
  795  Florida Statutes, are amended to read:
  796         348.757 Lease-purchase agreement.—
  797         (1) In order to effectuate the purposes of this part and as
  798  authorized by this part, The authority may enter into a lease
  799  purchase agreement with the department relating to and covering
  800  the former Orlando-Orange County Expressway System.
  801         (2) The Such lease-purchase agreement must shall provide
  802  for the leasing of the former Orlando-Orange County Expressway
  803  System, by the authority, as lessor, to the department, as
  804  lessee, must shall prescribe the term of such lease and the
  805  rentals to be paid thereunder, and must shall provide that upon
  806  the completion of the faithful performance thereunder and the
  807  termination of the such lease-purchase agreement, title in fee
  808  simple absolute to the former Orlando-Orange County Expressway
  809  System as then constituted shall be transferred in accordance
  810  with law by the authority, to the state and the authority shall
  811  deliver to the department such deeds and conveyances as shall be
  812  necessary or convenient to vest title in fee simple absolute in
  813  the state.
  814         (3) The Such lease-purchase agreement may include such
  815  other provisions, agreements, and covenants that as the
  816  authority and the department deem advisable or required,
  817  including, but not limited to, provisions as to the bonds to be
  818  issued under, and for the purposes of, this part, the
  819  completion, extension, improvement, operation, and maintenance
  820  of the former Orlando-Orange County Expressway System and the
  821  expenses and the cost of operation of the said authority, the
  822  charging and collection of tolls, rates, fees, and other charges
  823  for the use of the services and facilities of the system
  824  thereof, the application of federal or state grants or aid that
  825  which may be made or given to assist the authority in the
  826  completion, extension, improvement, operation, and maintenance
  827  of the former Orlando-Orange County Orlando Expressway System,
  828  which the authority is hereby authorized to accept and apply to
  829  such purposes, the enforcement of payment and collection of
  830  rentals and any other terms, provisions, or covenants necessary,
  831  incidental, or appurtenant to the making of and full performance
  832  under the such lease-purchase agreement.
  833         (4) The department as lessee under the such lease-purchase
  834  agreement, may is hereby authorized to pay as rentals under the
  835  agreement thereunder any rates, fees, charges, funds, moneys,
  836  receipts, or income accruing to the department from the
  837  operation of the former Orlando-Orange County Expressway System
  838  and the Orange County gasoline tax funds and may also pay as
  839  rentals any appropriations received by the department pursuant
  840  to any act of the Legislature of the state heretofore or
  841  hereafter enacted; provided, however, this part or the that
  842  nothing herein nor in such lease-purchase agreement is not
  843  intended to and does not nor shall this part or such lease
  844  purchase agreement require the making or continuance of such
  845  appropriations, and nor shall any holder of bonds issued
  846  pursuant to this part does not ever have any right to compel the
  847  making or continuance of such appropriations.
  848         (5) A No pledge of the said Orange County gasoline tax
  849  funds as rentals under a such lease-purchase agreement may not
  850  shall be made without the consent of the County of Orange
  851  evidenced by a resolution duly adopted by the board of county
  852  commissioners of said county at a public hearing held pursuant
  853  to due notice thereof published at least once a week for 3
  854  consecutive weeks before the hearing in a newspaper of general
  855  circulation in Orange County. The Said resolution, among other
  856  things, must shall provide that any excess of the said pledged
  857  gasoline tax funds which is not required for debt service or
  858  reserves for the such debt service for any bonds issued by the
  859  said authority shall be returned annually to the department for
  860  distribution to Orange County as provided by law. Before making
  861  any application for a such pledge of gasoline tax funds, the
  862  authority shall present the plan of its proposed project to the
  863  Orange County planning and zoning commission for its comments
  864  and recommendations.
  865         (6) The Said department may shall have power to covenant in
  866  any lease-purchase agreement that it will pay all or any part of
  867  the cost of the operation, maintenance, repair, renewal, and
  868  replacement of the said system, and any part of the cost of
  869  completing the said system to the extent that the proceeds of
  870  bonds issued therefor are insufficient, from sources other than
  871  the revenues derived from the operation of the said system and
  872  the said Orange County gasoline tax funds. The said department
  873  may also agree to make such other payments from any moneys
  874  available to the said commission, the said county, or the said
  875  city in connection with the construction or completion of the
  876  said system as shall be deemed by the said department to be fair
  877  and proper under any such covenants heretofore or hereafter
  878  entered into.
  879         (7) The said system must shall be a part of the state road
  880  system and the said department may is hereby authorized, upon
  881  the request of the authority, to expend out of any funds
  882  available for the purpose the such moneys, and to use such of
  883  its engineering and other forces, as may be necessary and
  884  desirable in the judgment of said department, for the operation
  885  of the said authority and for traffic surveys, borings, surveys,
  886  preparation of plans and specifications, estimates of cost, and
  887  other preliminary engineering and other studies; provided,
  888  however, that the aggregate amount of moneys expended for the
  889  said purposes by the said department do shall not exceed the sum
  890  of $375,000.
  891         Section 13. Section 348.758, Florida Statutes, is amended
  892  to read:
  893         348.758 Appointment of department as may be appointed agent
  894  of authority for construction.—The department may be appointed
  895  by the said authority as its agent for the purpose of
  896  constructing improvements and extensions to the Central Florida
  897  Orlando-Orange County Expressway System and for its the
  898  completion thereof. In such event, the authority shall provide
  899  the department with complete copies of all documents,
  900  agreements, resolutions, contracts, and instruments relating
  901  thereto and shall request the department to do such construction
  902  work, including the planning, surveying, and actual construction
  903  of the completion, extensions, and improvements to the Central
  904  Florida Orlando-Orange County Expressway System and shall
  905  transfer to the credit of an account of the department in the
  906  State Treasury of the state the necessary funds, therefor and
  907  the department may shall thereupon be authorized, empowered and
  908  directed to proceed with such construction and to use the said
  909  funds for such purpose in the same manner that it is now
  910  authorized to use the funds otherwise provided by law for the
  911  its use in construction of roads and bridges.
  912         Section 14. Section 348.759, Florida Statutes, is amended
  913  to read:
  914         348.759 Acquisition of lands and property.—
  915         (1) For the purposes of this part, the Central Florida
  916  Orlando-Orange County Expressway Authority may acquire private
  917  or public property and property rights, including rights of
  918  access, air, view, and light, by gift, devise, purchase, or
  919  condemnation by eminent domain proceedings, as the authority
  920  deems may deem necessary for any of the purposes of this part,
  921  including, but not limited to, any lands reasonably necessary
  922  for securing applicable permits, areas necessary for management
  923  of access, borrow pits, drainage ditches, water retention areas,
  924  rest areas, replacement access for landowners whose access is
  925  impaired due to the construction of a facility, and replacement
  926  rights-of-way for relocated rail and utility facilities; for
  927  existing, proposed, or anticipated transportation facilities on
  928  the Central Florida Orlando-Orange County Expressway System or
  929  in a transportation corridor designated by the authority; or for
  930  the purposes of screening, relocation, removal, or disposal of
  931  junkyards and scrap metal processing facilities. The authority
  932  may shall also have the power to condemn any material and
  933  property necessary for such purposes.
  934         (2) The right of eminent domain herein conferred shall be
  935  exercised by the authority shall exercise the right of eminent
  936  domain in the manner provided by law.
  937         (3) When the authority acquires property for a
  938  transportation facility or in a transportation corridor, it is
  939  not subject to any liability imposed by chapter 376 or chapter
  940  403 for preexisting soil or groundwater contamination due solely
  941  to its ownership. This section does not affect the rights or
  942  liabilities of any past or future owners of the acquired
  943  property and nor does not it affect the liability of any
  944  governmental entity for the results of its actions which create
  945  or exacerbate a pollution source. The authority and the
  946  Department of Environmental Protection may enter into
  947  interagency agreements for the performance, funding, and
  948  reimbursement of the investigative and remedial acts necessary
  949  for property acquired by the authority.
  950         Section 15. Section 348.760, Florida Statutes, is amended
  951  to read:
  952         348.760 Cooperation with other units, boards, agencies, and
  953  individuals.—A Express authority and power is hereby given and
  954  granted any county, municipality, drainage district, road and
  955  bridge district, school district or any other political
  956  subdivision, board, commission, or individual in, or of, the
  957  state may to make and enter into with the authority, contracts,
  958  leases, conveyances, partnerships, or other agreements pursuant
  959  to within the provisions and purposes of this part. The
  960  authority may is hereby expressly authorized to make and enter
  961  into contracts, leases, conveyances, partnerships, and other
  962  agreements with any political subdivision, agency, or
  963  instrumentality of the state and any and all federal agencies,
  964  corporations, and individuals, for the purpose of carrying out
  965  the provisions of this part or with the consent of the Seminole
  966  County Expressway Authority, for the purpose of carrying out and
  967  implementing part VIII of this chapter.
  968         Section 16. Section 348.761, Florida Statutes, is amended
  969  to read:
  970         348.761 Covenant of the state.—The state pledges does
  971  hereby pledge to, and agrees, with any person, firm or
  972  corporation, or federal or state agency subscribing to, or
  973  acquiring the bonds to be issued by the authority for the
  974  purposes of this part that the state will not limit or alter the
  975  rights that are hereby vested in the authority and the
  976  department until all issued bonds and interest at any time
  977  issued, together with the interest thereon, are fully paid and
  978  discharged insofar as the pledge same affects the rights of the
  979  holders of bonds issued pursuant to this part hereunder. The
  980  state does further pledge to, and agree, with the United States
  981  that in the event any federal agency constructs or contributes
  982  shall construct or contribute any funds for the completion,
  983  extension, or improvement of the Central Florida Orlando-Orange
  984  County Expressway System, or any part or portion of the system
  985  thereof, the state will not alter or limit the rights and powers
  986  of the authority and the department in any manner that which
  987  would be inconsistent with the continued maintenance and
  988  operation of the Central Florida Orlando-Orange County
  989  Expressway System or the completion, extension, or improvement
  990  of the system thereof, or that which would be inconsistent with
  991  the due performance of any agreements between the authority and
  992  any such federal agency, and the authority and the department
  993  shall continue to have and may exercise all powers herein
  994  granted in this part, so long as the powers are same shall be
  995  necessary or desirable for the carrying out of the purposes of
  996  this part and the purposes of the United States in the
  997  completion, extension, or improvement of the Central Florida
  998  Orlando-Orange County Expressway System, or any part of the
  999  system or portion thereof.
 1000         Section 17. Section 348.765, Florida Statutes, is amended
 1001  to read:
 1002         348.765 This part complete and additional authority.—
 1003         (1) The powers conferred by this part are shall be in
 1004  addition and supplemental to the existing powers of the said
 1005  board and the department, and this part may shall not be
 1006  construed as repealing any of the provisions, of any other law,
 1007  general, special, or local, but to supersede such other laws in
 1008  the exercise of the powers provided in this part, and to provide
 1009  a complete method for the exercise of the powers granted in this
 1010  part. The extension and improvement of the Central Florida said
 1011  Orlando-Orange County Expressway System, and the issuance of
 1012  bonds pursuant to this part hereunder to finance all or part of
 1013  the cost of the system thereof, may be accomplished upon
 1014  compliance with the provisions of this part without regard to or
 1015  necessity for compliance with the provisions, limitations, or
 1016  restrictions contained in any other general, special, or local
 1017  law, including, but not limited to, s. 215.821, and no approval
 1018  of any bonds issued under this part by the qualified electors or
 1019  qualified electors who are freeholders in the state or in the
 1020  said County of Orange, or in the said City of Orlando, or in any
 1021  other political subdivision of the state, is shall be required
 1022  for the issuance of such bonds pursuant to this part.
 1023         (2) This part does shall not be deemed to repeal, rescind,
 1024  or modify any other law or laws relating to the said State Board
 1025  of Administration, the said Department of Transportation, or the
 1026  Division of Bond Finance of the State Board of Administration,
 1027  but supersedes any shall be deemed to and shall supersede such
 1028  other law that is or laws as are inconsistent with the
 1029  provisions of this part, including, but not limited to, s.
 1030  215.821.
 1031         Section 18. Subsections (6) and (7) of section 369.317,
 1032  Florida Statutes, are amended to read:
 1033         369.317 Wekiva Parkway.—
 1034         (6) The Central Florida Orlando-Orange County Expressway
 1035  Authority is hereby granted the authority to act as a third
 1036  party acquisition agent, pursuant to s. 259.041 on behalf of the
 1037  Board of Trustees or chapter 373 on behalf of the governing
 1038  board of the St. Johns River Water Management District, for the
 1039  acquisition of all necessary lands, property and all interests
 1040  in property identified herein, including fee simple or less
 1041  than-fee simple interests. The lands subject to this authority
 1042  are identified in paragraph 10.a., State of Florida, Office of
 1043  the Governor, Executive Order 03-112 of July 1, 2003, and in
 1044  Recommendation 16 of the Wekiva Basin Area Task Force created by
 1045  Executive Order 2002-259, such lands otherwise known as
 1046  Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
 1047  Lake Counties within Sections 27, 28, 33, and 34 of Township 19
 1048  South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
 1049  South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
 1050  parcel located in Lake County within Section 37, Township 19
 1051  South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
 1052  Lake County within Sections 23, 25, 26, 35, and 36, Township 19
 1053  South, Range 28 East; Pine Plantation, a 617+/-acre tract
 1054  consisting of eight individual parcels within the Apopka City
 1055  limits. The Department of Transportation, the Department of
 1056  Environmental Protection, the St. Johns River Water Management
 1057  District, and other land acquisition entities shall participate
 1058  and cooperate in providing information and support to the third
 1059  party acquisition agent. The land acquisition process authorized
 1060  by this paragraph shall begin no later than December 31, 2004.
 1061  Acquisition of the properties identified as Neighborhood Lakes,
 1062  Pine Plantation, and New Garden Coal, or approval as a
 1063  mitigation bank shall be concluded no later than December 31,
 1064  2010. Department of Transportation and Central Florida Orlando
 1065  Orange County Expressway Authority funds expended to purchase an
 1066  interest in those lands identified in this subsection shall be
 1067  eligible as environmental mitigation for road construction
 1068  related impacts in the Wekiva Study Area. If any of the lands
 1069  identified in this subsection are used as environmental
 1070  mitigation for road-construction-related impacts incurred by the
 1071  Department of Transportation or Central Florida Orlando-Orange
 1072  County Expressway Authority, or for other impacts incurred by
 1073  other entities, within the Wekiva Study Area or within the
 1074  Wekiva parkway alignment corridor, and if the mitigation offsets
 1075  these impacts, the St. Johns River Water Management District and
 1076  the Department of Environmental Protection shall consider the
 1077  activity regulated under part IV of chapter 373 to meet the
 1078  cumulative impact requirements of s. 373.414(8)(a).
 1079         (a) Acquisition of the land described in this section is
 1080  required to provide right-of-way for the Wekiva Parkway, a
 1081  limited access roadway linking State Road 429 to Interstate 4,
 1082  an essential component in meeting regional transportation needs
 1083  to provide regional connectivity, improve safety, accommodate
 1084  projected population and economic growth, and satisfy critical
 1085  transportation requirements caused by increased traffic volume
 1086  growth and travel demands.
 1087         (b) Acquisition of the lands described in this section is
 1088  also required to protect the surface water and groundwater
 1089  resources of Lake, Orange, and Seminole counties, otherwise
 1090  known as the Wekiva Study Area, including recharge within the
 1091  springshed that provides for the Wekiva River system. Protection
 1092  of this area is crucial to the long term viability of the Wekiva
 1093  River and springs and the central Florida region’s water supply.
 1094  Acquisition of the lands described in this section is also
 1095  necessary to alleviate pressure from growth and development
 1096  affecting the surface and groundwater resources within the
 1097  recharge area.
 1098         (c) Lands acquired pursuant to this section that are needed
 1099  for transportation facilities for the Wekiva Parkway shall be
 1100  determined not necessary for conservation purposes pursuant to
 1101  ss. 253.034(6) and 373.089(5) and shall be transferred to or
 1102  retained by the Central Florida Orlando-Orange County Expressway
 1103  Authority or the Department of Transportation upon reimbursement
 1104  of the full purchase price and acquisition costs.
 1105         (7) The Department of Transportation, the Department of
 1106  Environmental Protection, the St. Johns River Water Management
 1107  District, Central Florida Orlando-Orange County Expressway
 1108  Authority, and other land acquisition entities shall cooperate
 1109  and establish funding responsibilities and partnerships by
 1110  agreement to the extent funds are available to the various
 1111  entities. Properties acquired with Florida Forever funds shall
 1112  be in accordance with s. 259.041 or chapter 373. The Central
 1113  Florida Orlando-Orange County Expressway Authority shall acquire
 1114  land in accordance with this section of law to the extent funds
 1115  are available from the various funding partners, but shall not
 1116  be required nor assumed to fund the land acquisition beyond the
 1117  agreement and funding provided by the various land acquisition
 1118  entities.
 1119         Section 19. Subsection (1) of section 369.324, Florida
 1120  Statutes, is amended to read:
 1121         369.324 Wekiva River Basin Commission.—
 1122         (1) The Wekiva River Basin Commission is created to monitor
 1123  and ensure the implementation of the recommendations of the
 1124  Wekiva River Basin Coordinating Committee for the Wekiva Study
 1125  Area. The East Central Florida Regional Planning Council shall
 1126  provide staff support to the commission with funding assistance
 1127  from the Department of Economic Opportunity. The commission
 1128  shall be comprised of a total of 18 19 members appointed by the
 1129  Governor, 9 of whom shall be voting members and 9 10 shall be ad
 1130  hoc nonvoting members. The voting members shall include:
 1131         (a) One member of each of the Boards of County
 1132  Commissioners for Lake, Orange, and Seminole Counties.
 1133         (b) One municipal elected official to serve as a
 1134  representative of the municipalities located within the Wekiva
 1135  Study Area of Lake County.
 1136         (c) One municipal elected official to serve as a
 1137  representative of the municipalities located within the Wekiva
 1138  Study Area of Orange County.
 1139         (d) One municipal elected official to serve as a
 1140  representative of the municipalities located within the Wekiva
 1141  Study Area of Seminole County.
 1142         (e) One citizen representing an environmental or
 1143  conservation organization, one citizen representing a local
 1144  property owner, a land developer, or an agricultural entity, and
 1145  one at-large citizen who shall serve as chair of the council.
 1146         (f) The ad hoc nonvoting members shall include one
 1147  representative from each of the following entities:
 1148         1. St. Johns River Management District.
 1149         2. Department of Economic Opportunity.
 1150         3. Department of Environmental Protection.
 1151         4. Department of Health.
 1152         5. Department of Agriculture and Consumer Services.
 1153         6. Fish and Wildlife Conservation Commission.
 1154         7. Department of Transportation.
 1155         8. MetroPlan Orlando.
 1156         9. Central Florida Orlando-Orange County Expressway
 1157  Authority.
 1158         10. Seminole County Expressway Authority.
 1159         Section 20. (1) Effective upon the completion of
 1160  construction of the Poinciana Parkway, a limited access facility
 1161  of approximately 9 miles in length in Osceola County with its
 1162  northwestern terminus at the intersection of County Road 54 and
 1163  US 17/US 92 and its southeastern terminus at the current
 1164  intersection of Rhododendron and Cypress Parkway, described in
 1165  the Osceola County Expressway Authority May 8, 2012, Master
 1166  Plan, all powers, governance, and control of the Osceola County
 1167  Expressway System, created pursuant to part V, chapter 348,
 1168  Florida Statutes, is transferred to the Central Florida
 1169  Expressway Authority, and the assets, liabilities, facilities,
 1170  tangible and intangible property and any rights in the property,
 1171  and any other legal rights of the Osceola County Expressway
 1172  Authority are transferred to the Central Florida Expressway
 1173  Authority. The effective date of such transfer shall be extended
 1174  until completion of construction of such portions of the
 1175  Southport Connector Expressway, the Northeast Connector
 1176  Expressway, such portions of the Poinciana Parkway to connect to
 1177  State Road 429, and the Osceola Parkway Extension, as each is
 1178  described in the Osceola County Expressway Authority May 8,
 1179  2012, Master Plan, which are included in any design contract
 1180  executed by the Osceola County Expressway Authority before July
 1181  1, 2020. Part V of chapter 348, Florida Statutes, consisting of
 1182  ss. 348.9950–348.9961, is repealed on the same date that the
 1183  Osceola County Expressway System is transferred to the Central
 1184  Florida Expressway Authority.
 1185         (2) The Central Florida Expressway Authority shall also
 1186  reimburse any and all obligations of any other governmental
 1187  entities with respect to the Osceola County Expressway System,
 1188  including any obligations of Osceola County with respect to
 1189  operations and maintenance of the Osceola County Expressway
 1190  System and any loan repayment obligations, including repayment
 1191  obligations with respect to State Infrastructure Bank loans.
 1192  Such reimbursement shall be made from revenues available for
 1193  such purpose after payment of all amounts required:
 1194         (a) Otherwise by law;
 1195         (b) By the terms of any resolution authorizing the issuance
 1196  of bonds by the authority, the Orlando-Orange County Expressway
 1197  Authority, or the Osceola County Expressway Authority;
 1198         (c) By the terms of any resolution under which bonds are
 1199  issued by Osceola County for the purpose of constructing
 1200  improvements to the Osceola County Expressway System; and
 1201         (d) By the terms of the memorandum of understanding between
 1202  the Orlando-Orange County Expressway Authority and the
 1203  department as ratified by the board of the Orlando-Orange County
 1204  Expressway Authority on February 22, 2012.
 1205         Section 21. This act shall take effect July 1, 2015.