Florida Senate - 2014 CS for CS for SB 230
By the Committees on Appropriations; and Transportation; and
Senator Simmons
576-02570-14 2014230c2
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; prohibiting a member or the
18 executive director of the authority from personally
19 representing certain persons or entities for a
20 specified time period; prohibiting a retired or
21 terminated member or executive director of the
22 authority from contracting with a business entity
23 under certain circumstances; providing penalties;
24 requiring authority board members, employees, and
25 consultants to make certain annual disclosures;
26 requiring an ethics officer to review such
27 disclosures; requiring the authority code of ethics to
28 include a conflict of interest process; prohibiting
29 authority employees and consultants from serving on
30 the board during their employment or contract period;
31 requiring the code of ethics to be reviewed and
32 updated at least every 2 years; requiring employees to
33 participate in ongoing ethics education; amending s.
34 348.754, F.S.; providing that the area served by the
35 authority is within the geopolitical boundaries of
36 Orange, Seminole, Lake, and Osceola Counties;
37 requiring the authority to have prior consent from the
38 Secretary of the Department of Transportation to
39 construct an extension, addition, or improvement to
40 the expressway system in Lake County; extending, to 99
41 years from 40 years, the term of a lease-purchase
42 agreement; limiting the authority’s authority to enter
43 into a lease-purchase agreement; limiting the use of
44 certain toll-revenues; providing exceptions; removing
45 the requirement that the route of a project must be
46 approved by a municipality before the right-of-way can
47 be acquired; requiring that the authority encourage
48 the inclusion of local-, small-, minority-, and women
49 owned businesses in its procurement and contracting
50 opportunities; removing the authority and criteria for
51 an authority to waive payment and performance bonds
52 for certain public works projects that are awarded
53 pursuant to an economic development program;
54 conforming terminology and making technical changes;
55 amending ss. 348.7543, 348.7544, 348.7545, 348.7546,
56 348.7547, 348.755, and 348.756, F.S.; conforming
57 terminology and making technical changes; amending s.
58 348.757, F.S.; providing that upon termination of the
59 lease-purchase agreement of the former Orlando-Orange
60 County Expressway System, title in fee simple to the
61 former system shall be transferred to the state;
62 conforming terminology and making technical changes;
63 amending ss. 348.758, 348.759, 348.760, 348.761, and
64 348.765, F.S.; conforming terminology and making
65 technical changes; amending s. 348.9953, F.S.;
66 limiting the purpose and powers of the Osceola County
67 Expressway Authority; providing for the termination of
68 the Osceola County Expressway Authority by a specified
69 time period; prohibiting the authority from extending
70 the Poinciana Parkway beyond a specified limit;
71 amending s. 369.317, F.S.; conforming terminology and
72 making technical changes; amending s. 369.324, F.S.;
73 revising the membership of the Wekiva River Basin
74 Commission; conforming terminology; providing criteria
75 for the transfer of the Osceola County Expressway
76 System to the Central Florida Expressway Authority;
77 providing for the repeal of part V of ch. 348, F.S.,
78 when the Osceola County Expressway System is
79 transferred to the Central Florida Expressway
80 Authority; requiring the Central Florida Expressway
81 Authority to reimburse other governmental entities for
82 obligations related to the Osceola County Expressway
83 System; providing for reimbursement after payment of
84 other obligations; providing a directive to the
85 Division of Law Revision and Information; providing an
86 effective date.
87
88 Be It Enacted by the Legislature of the State of Florida:
89
90 Section 1. Section 348.751, Florida Statutes, is amended to
91 read:
92 348.751 Short title.—This part shall be known and may be
93 cited as the “Central Florida Orlando-Orange County Expressway
94 Authority Law.”
95 Section 2. Section 348.752, Florida Statutes, is amended to
96 read:
97 348.752 Definitions.—As used in this part The following
98 terms, whenever used or referred to in this law, shall have the
99 following meanings, except in those instances where the context
100 clearly indicates otherwise:
101 (1) The term “agency of the state” means and includes the
102 state and any department of, or corporation, agency, or
103 instrumentality heretofore or hereafter created, designated, or
104 established by, the state.
105 (2) The term “authority” means the body politic and
106 corporate, and agency of the state created by this part.
107 (3) The term “bonds” means and includes the notes, bonds,
108 refunding bonds, or other evidences of indebtedness or
109 obligations, in either temporary or definitive form, which the
110 authority is authorized to issue pursuant to this part.
111 (4) The term “Central Florida Expressway Authority” means
112 the body politic and corporate, and agency of the state created
113 by this part.
114 (5) The term “Central Florida Expressway System” means any
115 expressway and appurtenant facilities, including all approaches,
116 roads, bridges, and avenues for the expressway and any rapid
117 transit, trams, or fixed guideways located within the right-of
118 way of an expressway.
119 (4) The term “city” means the City of Orlando.
120 (5) The term “county” means the County of Orange.
121 (6) The term “department” means the Department of
122 Transportation existing under chapters 334-339.
123 (7) The term “expressway” has the same meaning is the same
124 as limited access expressway.
125 (8) The term “federal agency” means and includes the United
126 States, the President of the United States, and any department
127 of, or corporation, agency, or instrumentality heretofore or
128 hereafter created, designated, or established by, the United
129 States.
130 (9) The term “lease-purchase agreement” means the lease
131 purchase agreements that which the authority is authorized
132 pursuant to this part to enter into with the Department of
133 Transportation pursuant to this part.
134 (10) The term “limited access expressway” means a street or
135 highway specifically especially designed for through traffic,
136 and over, from, or to which, a no person does not shall have the
137 right of easement, use, or access except in accordance with the
138 rules of and regulations promulgated and established by the
139 authority governing its use for the use of such facility. Such
140 highways or streets may be parkways that do not allow traffic
141 by, from which trucks, buses, and other commercial vehicles
142 shall be excluded, or they may be freeways open to use by all
143 customary forms of street and highway traffic.
144 (11) The term “members” means the governing body of the
145 authority, and the term “member” means an individual who serves
146 on the one of the individuals constituting such governing body
147 of the authority.
148 (12) The term “Orange County gasoline tax funds” means all
149 the revenue derived from the 80-percent surplus gasoline tax
150 funds accruing in each year to the Department of Transportation
151 for use in Orange County under the provisions of s. 9, Art. XII
152 of the State Constitution, after deducting deduction only of any
153 amounts of said gasoline tax funds previously heretofore pledged
154 by the department or the county for outstanding obligations.
155 (13) The term “Orlando-Orange County Expressway System”
156 means any and all expressways and appurtenant facilities
157 thereto, including, but not limited to, all approaches, roads,
158 bridges, and avenues of access for said expressway or
159 expressways.
160 (13)(14) The term “State Board of Administration” means the
161 body corporate existing under the provisions of s. 4, Art. IV of
162 the State Constitution, or any successor thereto.
163 (14) The term “transportation facilities” means and
164 includes the mobile and fixed assets, and the associated real or
165 personal property or rights, used in the transportation of
166 persons or property by any means of conveyance, and all
167 appurtenances, such as, but not limited to, highways; limited or
168 controlled access lanes, avenues of access, and facilities;
169 vehicles; fixed guideway facilities, including maintenance
170 facilities; and administrative and other office space for the
171 exercise by the authority of the powers and obligations granted
172 in this part.
173 (15) Words importing singular number include the plural
174 number in each case and vice versa, and words importing persons
175 include firms and corporations.
176 Section 3. Section 348.753, Florida Statutes, is amended to
177 read:
178 348.753 Central Florida Orlando-Orange County Expressway
179 Authority.—
180 (1) There is hereby created and established a body politic
181 and corporate, an agency of the state, to be known as the
182 Central Florida Orlando-Orange County Expressway Authority.,
183 hereinafter referred to as “authority.”
184 (2)(a) Immediately upon the effective date of this act, the
185 Central Florida Expressway Authority shall assume the governance
186 and control of the Orlando-Orange County Expressway Authority
187 System, including its assets, personnel, contracts, obligations,
188 liabilities, facilities, and tangible and intangible property.
189 Any rights in such property, and other legal rights of the
190 authority, are transferred to the Central Florida Expressway
191 Authority. The Central Florida Expressway Authority shall
192 immediately succeed to and assume the powers, responsibilities,
193 and obligations of the Orlando-Orange County Expressway
194 Authority.
195 (b) The transfer pursuant to this subsection is subject to
196 the terms and covenants provided for the protection of the
197 holders of the Orlando-Orange County Expressway Authority bonds
198 in the lease-purchase agreement and the resolutions adopted in
199 connection with the issuance of the bonds. Further, the transfer
200 does not impair the terms of the contract between the Orlando
201 Orange County Expressway Authority and the bondholders, does not
202 act to the detriment of the bondholders, and does not diminish
203 the security for the bonds. After the transfer, the Central
204 Florida Expressway Authority shall operate and maintain the
205 expressway system and any other facilities of the Orlando-Orange
206 County Expressway Authority in accordance with the terms,
207 conditions, and covenants contained in the bond resolutions and
208 lease-purchase agreement securing the bonds of the authority.
209 The Central Florida Expressway Authority shall collect toll
210 revenues and apply them to the payment of debt service as
211 provided in the bond resolution securing the bonds, and shall
212 expressly assume all obligations relating to the bonds to ensure
213 that the transfer will have no adverse impact on the security
214 for the bonds. The transfer does not make the obligation to pay
215 the principal and interest on the bonds a general liability of
216 the Central Florida Expressway Authority or pledge additional
217 expressway system revenues to payment of the bonds. Revenues
218 that are generated by the expressway system and other facilities
219 of the Central Florida Expressway Authority which were pledged
220 by the Orlando-Orange County Expressway Authority to payment of
221 the bonds will remain subject to the pledge for the benefit of
222 the bondholders. The transfer does not modify or eliminate any
223 prior obligation of the department to pay certain costs of the
224 expressway system from sources other than revenues of the
225 expressway system.
226 (3)(2) The governing body of the authority shall consist of
227 nine five members. The chairs of the boards of the county
228 commissions of Seminole, Lake, and Osceola Counties shall each
229 appoint one member, who may be a commission member or chair. The
230 Mayor of Orange County shall appoint a member from the Orange
231 County Commission. The Governor shall appoint three citizen
232 members. Of the Governor’s appointments, two Three members must
233 shall be citizens of Orange County and one member must be a
234 citizen of either Seminole County, Lake County, or Osceola
235 County, who shall be appointed by the Governor. The eighth
236 fourth member must shall be, ex officio, the Mayor of chair of
237 the County Commissioners of Orange County. The ninth member must
238 be the Mayor of the City of Orlando. The executive director of
239 Florida Turnpike Enterprise shall serve as a nonvoting advisor
240 to the governing body of the authority, and the fifth member
241 shall be, ex officio, the district secretary of the Department
242 of Transportation serving in the district that contains Orange
243 County. The term of Each appointed member appointed by the
244 Governor shall serve be for 4 years. Each county-appointed
245 member shall serve for 2 years. The terms of standing board
246 members expire upon the effective date of this act. Each
247 appointed member shall hold office until his or her successor
248 has been appointed and has qualified. A vacancy occurring during
249 a term must shall be filled only for the balance of the
250 unexpired term. Each appointed member of the authority shall be
251 a person of outstanding reputation for integrity,
252 responsibility, and business ability, but, except as provided in
253 this subsection, a no person who is an officer or employee of a
254 municipality or any city or of Orange county may not in any
255 other capacity shall be an appointed member of the authority.
256 Any member of the authority is shall be eligible for
257 reappointment.
258 (4)(3)(a) The authority shall elect one of its members as
259 chair of the authority. The authority shall also elect one of
260 its members as vice chair, one of its members as a secretary,
261 and one of its members as a treasurer who may or may not be
262 members of the authority. The chair, vice chair, secretary, and
263 treasurer shall hold such offices at the will of the authority.
264 Five Three members of the authority shall constitute a quorum,
265 and the vote of five three members is shall be necessary for any
266 action taken by the authority. A No vacancy in the authority
267 does not shall impair the right of a quorum of the authority to
268 exercise all of the rights and perform all of the duties of the
269 authority.
270 (b) Upon the effective date of his or her appointment, or
271 as soon thereafter as practicable, each appointed member of the
272 authority shall enter upon his or her duties. Members of the
273 authority may be removed from office by the Governor for
274 misconduct, malfeasance, misfeasance, or nonfeasance in office.
275 (c) Members of the authority are entitled to receive
276 reimbursement from the authority for travel and other necessary
277 expenses incurred in connection with the business of the
278 authority as provided in s. 112.061, but may not draw salaries
279 or other compensation.
280 (5)(4)(a) The authority may employ an executive secretary,
281 an executive director, its own counsel and legal staff,
282 technical experts, and the such engineers, and such employees
283 that, permanent or temporary, as it requires. The authority may
284 require and may determine the qualifications and fix the
285 compensation of such persons, firms, or corporations, and may
286 employ a fiscal agent or agents;, provided, however, that the
287 authority shall solicit sealed proposals from at least three
288 persons, firms, or corporations for the performance of any
289 services as fiscal agents. The authority may delegate to one or
290 more of its agents or employees the such of its power as it
291 deems shall deem necessary to carry out the purposes of this
292 part, subject always to the supervision and control of the
293 authority. Members of the authority may be removed from their
294 office by the Governor for misconduct, malfeasance, misfeasance,
295 or nonfeasance in office.
296 (b) Members of the authority shall be entitled to receive
297 from the authority their travel and other necessary expenses
298 incurred in connection with the business of the authority as
299 provided in s. 112.061, but they shall draw no salaries or other
300 compensation.
301 (6) In addition to meeting the requirements of chapter 112,
302 a member or the executive director of the authority may not:
303 (a) Personally represent another person or entity for
304 compensation before the authority for a period of 2 years
305 following vacation of his or her position.
306 (b) Within 2 years after retirement or termination, have an
307 employment or contractual relationship with a business entity
308 other than an agency, as defined in s. 112.312, that was doing
309 business with the authority at any time during the person’s
310 membership on or employment by the authority.
311 (c) After retirement or termination, have an employment or
312 contractual relationship with a business entity other than an
313 agency as defined in s. 112.312, in connection with a contract
314 in which the member or executive director personally and
315 substantially participated in through decision, approval,
316 disapproval, recommendation, rendering of advice, or
317 investigation while he or she was a member or employee of the
318 authority.
319 (d) A violation of this subsection is punishable in
320 accordance with s. 112.317.
321 (7) The authority’s general counsel shall serve as the
322 authority’s ethics officer.
323 (8) Authority board members, employees, and consultants who
324 hold positions that may influence authority decisions shall
325 refrain from engaging in any relationship that may adversely
326 affect their judgment in carrying out authority business. The
327 following disclosures must be made annually on a disclosure form
328 to prevent such conflicts of interest and preserve the integrity
329 and transparency of the authority to the public:
330 (a) Any relationship a board member, employee, or
331 consultant has which affords a current or future financial
332 benefit to such board member, employee, or consultant, or to a
333 relative or business associate of such board member, employee,
334 or consultant, and which a reasonable person would conclude has
335 the potential to create a prohibited conflict of interest.
336 (b) Whether a relative of such board member, employee, or
337 consultant is a registered lobbyist, and if so, the names of
338 such lobbyist’s clients. Such names shall be provided in writing
339 to the ethics officer.
340 (c) Any and all interests in real property that such board
341 member, employee, or consultant has, or that a relative,
342 principal, client, or business associate of such board member,
343 employee, or consultant has whenever such real property is
344 located within, or within a one-half mile radius of, any actual
345 or prospective authority roadway project. The executive director
346 shall provide a corridor map and a property ownership list
347 reflecting the ownership of all real property within the
348 disclosure area, or an alignment map with a list of associated
349 owners, to all board members, employees, and consultants.
350 (9) The disclosure forms required under subsection (8) must
351 be reviewed by the ethics officer or, if a form is filed by the
352 general counsel, by the executive director.
353 (10) The conflict of interest process shall be outlined in
354 the authority’s Code of Ethics.
355 (11) Authority employees and consultants are prohibited
356 from serving on the governing body of the authority while
357 employed by or under contract with the authority.
358 (12) The code of ethics policy shall be reviewed and
359 updated by the ethics officer and presented for board approval
360 at a minimum of once every 2 years.
361 (13) Employees shall be adequately informed and trained on
362 the code of ethics and shall continually participate in ongoing
363 ethics education.
364 Section 4. Section 348.754, Florida Statutes, is amended
365 to read:
366 348.754 Purposes and powers.—
367 (1)(a) The authority created and established under by the
368 provisions of this part is hereby granted and has shall have the
369 right to acquire, hold, construct, improve, maintain, operate,
370 own, and lease in the capacity of lessor, the Central Florida
371 Orlando-Orange County Expressway System, hereinafter referred to
372 as “system.” Except as otherwise specifically provided by law,
373 including paragraph (2)(n), the area served by the authority
374 shall be within the geographical boundaries of Orange, Seminole,
375 Lake, and Osceola Counties.
376 (b) It is the express intention of this part that said
377 authority, In the construction of the Central Florida said
378 Orlando-Orange County Expressway System, the authority may shall
379 be authorized to construct any extensions, additions, or
380 improvements to the said system or appurtenant facilities,
381 including all necessary approaches, roads, bridges, and avenues
382 of access, rapid transit, trams, fixed guideways, thoroughfares,
383 and boulevards with any such changes, modifications, or
384 revisions of the said project which are as shall be deemed
385 desirable and proper.
386 (c) Notwithstanding any other provision of this section to
387 the contrary, to ensure the continued financial feasibility of
388 the portion of the Wekiva Parkway to be constructed by the
389 department, the authority may not, without the prior consent of
390 the secretary of the department, construct any extensions,
391 additions, or improvements to the expressway system in Lake
392 County.
393 (2) The authority is hereby granted, and shall have and may
394 exercise all powers necessary, appurtenant, convenient, or
395 incidental to the implementation carrying out of the stated
396 aforesaid purposes, including, but not without being limited to,
397 the following rights and powers:
398 (a) To sue and be sued, implead and be impleaded, complain
399 and defend in all courts.
400 (b) To adopt, use, and alter at will a corporate seal.
401 (c) To acquire by donation or otherwise, purchase, hold,
402 lease as lessee, and use any franchise or any, property, real,
403 personal, or mixed, or tangible or intangible, or any options
404 thereof in its own name or in conjunction with others, or
405 interest in those options therein, necessary or desirable to
406 carry for carrying out the purposes of the authority, and to
407 sell, lease as lessor, transfer, and dispose of any property or
408 interest in the property therein at any time acquired by it.
409 (d) To enter into and make leases for terms not exceeding
410 99 years, as either lessee or lessor, in order to carry out the
411 right to lease as specified set forth in this part.
412 (e) To enter into and make lease-purchase agreements with
413 the department for terms not exceeding 99 40 years, or until any
414 bonds secured by a pledge of rentals pursuant to the agreement
415 thereunder, and any refundings pursuant to the agreement
416 thereof, are fully paid as to both principal and interest,
417 whichever is longer. The authority is a party to a lease
418 purchase agreement between the department and the authority
419 dated December 23, 1985, as supplemented by a first supplement
420 to the lease-purchase agreement dated November 25, 1986, and a
421 second supplement to the lease-purchase agreement dated October
422 27, 1988. The authority may not enter into other lease-purchase
423 agreements with the department and may not amend the existing
424 agreement in a manner that expands or increases the department’s
425 obligations unless the department determines that the agreement
426 or amendment is necessary to permit the refunding of bonds
427 issued before July 1, 2013.
428 (f) To fix, alter, charge, establish, and collect rates,
429 fees, rentals, and other charges for the services and facilities
430 of the Central Florida Orlando-Orange County Expressway System,
431 which must rates, fees, rentals and other charges shall always
432 be sufficient to comply with any covenants made with the holders
433 of any bonds issued pursuant to this part; provided, however,
434 that such right and power may be assigned or delegated, by the
435 authority, to the department. Toll revenues attributable to an
436 increase in the toll rates charged on or after the effective
437 date of this act for the use of a portion of the system may not
438 be used to construct or expand a different portion of the system
439 unless a two-thirds majority of the members of the authority
440 votes to approve such use. This requirement does not apply if,
441 and to the extent that:
442 1. Application of the requirement would violate any
443 covenant established in a resolution or trust indenture under
444 which bonds were issued by the Orlando-Orange County Expressway
445 Authority on or before the effective date of this act; or
446 2. Application of the requirement would cause the authority
447 to be unable to meet its obligations under the terms of the
448 memorandum of understanding between the authority and the
449 department as ratified by the Orlando-Orange County Expressway
450 Authority board on February 22, 2012.
451
452 Notwithstanding s. 338.165, and except as otherwise prohibited
453 by this part, to the extent revenues of the expressway system
454 exceed amounts required to comply with any covenants made with
455 the holders of bonds issued pursuant to this part, revenues may
456 be used for purposes enumerated in subsection (6), provided the
457 expenditures are consistent with the metropolitan planning
458 organization’s adopted long-range plan.
459 (g) To borrow money, make and issue negotiable notes,
460 bonds, refunding bonds, and other evidences of indebtedness or
461 obligations, either in temporary or definitive form, hereinafter
462 in this chapter sometimes called “bonds” of the authority, for
463 the purpose of financing all or part of the improvement or
464 extension of the Central Florida Orlando-Orange County
465 Expressway System, and appurtenant facilities, including all
466 approaches, streets, roads, bridges, and avenues of access for
467 the Central Florida said Orlando-Orange County Expressway System
468 and for any other purpose authorized by this part, said bonds to
469 mature in not exceeding 40 years from the date of the issuance
470 thereof, and to secure the payment of such bonds or any part
471 thereof by a pledge of any or all of its revenues, rates, fees,
472 rentals, or other charges, including all or any portion of the
473 Orange County gasoline tax funds received by the authority
474 pursuant to the terms of any lease-purchase agreement between
475 the authority and the department; and in general to provide for
476 the security of the said bonds and the rights and remedies of
477 the holders thereof. Provided, However, that no portion of the
478 Orange County gasoline tax funds may shall be pledged for the
479 construction of any project for which a toll is to be charged
480 unless the anticipated toll is tolls are reasonably estimated by
481 the board of county commissioners, at the date of its resolution
482 pledging the said funds, to be sufficient to cover the principal
483 and interest of such obligations during the period when the said
484 pledge of funds is shall be in effect. The bonds issued under
485 this paragraph must mature not more than 40 years after their
486 issue date.
487 1. The authority shall reimburse Orange County for any sums
488 expended from the said gasoline tax funds used for the payment
489 of such obligations. Any gasoline tax funds so disbursed must
490 shall be repaid when the authority deems it practicable,
491 together with interest at the highest rate applicable to any
492 obligations of the authority.
493 2. If, pursuant to this section, In the event the authority
494 funds shall determine to fund or refunds refund any bonds
495 previously theretofore issued by the said authority, or the by
496 said commission before the bonds mature as aforesaid prior to
497 the maturity thereof, the proceeds of such funding or refunding
498 must bonds shall, pending the prior redemption of these the
499 bonds to be funded or refunded, be invested in direct
500 obligations of the United States, and it is the express
501 intention of this part that such outstanding bonds may be funded
502 or refunded by the issuance of bonds pursuant to this part.
503 (h) To make contracts of every name and nature, including,
504 but not limited to, partnerships providing for participation in
505 ownership and revenues, and to execute all instruments necessary
506 or convenient for conducting the carrying on of its business.
507 (i) Notwithstanding paragraphs (a)-(h), Without limitation
508 of the foregoing, to borrow money and accept grants from, and to
509 enter into contracts, leases, or other transactions with any
510 federal agency, the state, any agency of the state, the County
511 of Orange, the City of Orlando, or with any other public body of
512 the state.
513 (j) To have the power of eminent domain, including the
514 procedural powers granted under both chapters 73 and 74.
515 (k) To pledge, hypothecate, or otherwise encumber all or
516 any part of the revenues, rates, fees, rentals, or other charges
517 or receipts of the authority, including all or any portion of
518 the Orange County gasoline tax funds received by the authority
519 pursuant to the terms of any lease-purchase agreement between
520 the authority and the department, as security for all or any of
521 the obligations of the authority.
522 (l) To enter into partnership and other agreements
523 respecting ownership and revenue participation in order to
524 facilitate financing and constructing the Western Beltway, or
525 portions thereof.
526 (m) To do everything all acts and things necessary or
527 convenient for the conduct of its business and the general
528 welfare of the authority, in order to comply with carry out the
529 powers granted to it by this part or any other law.
530 (n) With the consent of the county within whose
531 jurisdiction the following activities occur, the authority shall
532 have the right to construct, operate, and maintain roads,
533 bridges, avenues of access, transportation facilities,
534 thoroughfares, and boulevards outside the jurisdictional
535 boundaries of Orange, Seminole, Lake, and Osceola Counties
536 County, together with the right to construct, repair, replace,
537 operate, install, and maintain electronic toll payment systems
538 thereon, with all necessary and incidental powers to accomplish
539 the foregoing.
540 (3) The authority does not shall have the no power at any
541 time or in any manner to pledge the credit or taxing power of
542 the state or any political subdivision or agency thereof,
543 including any city and any county the City of Orlando and the
544 County of Orange, nor may nor shall any of the authority’s
545 obligations be deemed to be obligations of the state or of any
546 political subdivision or agency thereof, nor may nor shall the
547 state or any political subdivision or agency thereof, except the
548 authority, be liable for the payment of the principal of or
549 interest on such obligations.
550 (4) Anything in this part to the contrary notwithstanding,
551 acquisition of right-of-way for a project of the authority which
552 is within the boundaries of any municipality in Orange County
553 shall not be begun unless and until the route of said project
554 within said municipality has been given prior approval by the
555 governing body of said municipality.
556 (4)(5) The authority has shall have no power other than by
557 consent of an affected Orange county or any affected city, to
558 enter into any agreement which would legally prohibit the
559 construction of a any road by the respective county or city
560 Orange County or by any city within Orange County.
561 (5) The authority shall encourage the inclusion of local-,
562 small-, minority-, and women-owned businesses in its procurement
563 and contracting opportunities.
564 (6)(a) The authority may, within the right-of-way of the
565 expressway system, finance or refinance the planning, design,
566 acquisition, construction, extension, rehabilitation, equipping,
567 preservation, maintenance, or improvement of an intermodal
568 facility or facilities, a multimodal corridor or corridors, or
569 any programs or projects that will improve the levels of service
570 on the expressway system Notwithstanding s. 255.05, the Orlando
571 Orange County Expressway Authority may waive payment and
572 performance bonds on construction contracts for the construction
573 of a public building, for the prosecution and completion of a
574 public work, or for repairs on a public building or public work
575 that has a cost of $500,000 or less and when the project is
576 awarded pursuant to an economic development program for the
577 encouragement of local small businesses that has been adopted by
578 the governing body of the Orlando-Orange County Expressway
579 Authority pursuant to a resolution or policy.
580 (b) The authority’s adopted criteria for participation in
581 the economic development program for local small businesses
582 requires that a participant:
583 1. Be an independent business.
584 2. Be principally domiciled in the Orange County Standard
585 Metropolitan Statistical Area.
586 3. Employ 25 or fewer full-time employees.
587 4. Have gross annual sales averaging $3 million or less
588 over the immediately preceding 3 calendar years with regard to
589 any construction element of the program.
590 5. Be accepted as a participant in the Orlando-Orange
591 County Expressway Authority’s microcontracts program or such
592 other small business program as may be hereinafter enacted by
593 the Orlando-Orange County Expressway Authority.
594 6. Participate in an educational curriculum or technical
595 assistance program for business development that will assist the
596 small business in becoming eligible for bonding.
597 (c) The authority’s adopted procedures for waiving payment
598 and performance bonds on projects with values not less than
599 $200,000 and not exceeding $500,000 shall provide that payment
600 and performance bonds may only be waived on projects that have
601 been set aside to be competitively bid on by participants in an
602 economic development program for local small businesses. The
603 authority’s executive director or his or her designee shall
604 determine whether specific construction projects are suitable
605 for:
606 1. Bidding under the authority’s microcontracts program by
607 registered local small businesses; and
608 2. Waiver of the payment and performance bond.
609
610 The decision of the authority’s executive director or deputy
611 executive director to waive the payment and performance bond
612 shall be based upon his or her investigation and conclusion that
613 there exists sufficient competition so that the authority
614 receives a fair price and does not undertake any unusual risk
615 with respect to such project.
616 (d) For any contract for which a payment and performance
617 bond has been waived pursuant to the authority set forth in this
618 section, the Orlando-Orange County Expressway Authority shall
619 pay all persons defined in s. 713.01 who furnish labor,
620 services, or materials for the prosecution of the work provided
621 for in the contract to the same extent and upon the same
622 conditions that a surety on the payment bond under s. 255.05
623 would have been obligated to pay such persons if the payment and
624 performance bond had not been waived. The authority shall record
625 notice of this obligation in the manner and location that surety
626 bonds are recorded. The notice shall include the information
627 describing the contract that s. 255.05(1) requires be stated on
628 the front page of the bond. Notwithstanding that s. 255.05(9)
629 generally applies when a performance and payment bond is
630 required, s. 255.05(9) shall apply under this subsection to any
631 contract on which performance or payment bonds are waived and
632 any claim to payment under this subsection shall be treated as a
633 contract claim pursuant to s. 255.05(9).
634 (e) A small business that has been the successful bidder on
635 six projects for which the payment and performance bond was
636 waived by the authority pursuant to paragraph (a) shall be
637 ineligible to bid on additional projects for which the payment
638 and performance bond is to be waived. The local small business
639 may continue to participate in other elements of the economic
640 development program for local small businesses as long as it is
641 eligible.
642 (f) The authority shall conduct bond eligibility training
643 for businesses qualifying for bond waiver under this subsection
644 to encourage and promote bond eligibility for such businesses.
645 (g) The authority shall prepare a biennial report on the
646 activities undertaken pursuant to this subsection to be
647 submitted to the Orange County legislative delegation. The
648 initial report shall be due December 31, 2010.
649 Section 5. Section 348.7543, Florida Statutes, is amended
650 to read:
651 348.7543 Improvements, bond financing authority for.
652 Pursuant to s. 11(f), Art. VII of the State Constitution, the
653 Legislature hereby approves for bond financing by the Central
654 Florida Orlando-Orange County Expressway Authority improvements
655 to toll collection facilities, interchanges to the legislatively
656 approved expressway system, and any other facility appurtenant,
657 necessary, or incidental to the approved system. Subject to
658 terms and conditions of applicable revenue bond resolutions and
659 covenants, such costs may be financed in whole or in part by
660 revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether
661 currently issued or issued in the future, or by a combination of
662 such bonds.
663 Section 6. Section 348.7544, Florida Statutes, is amended
664 to read:
665 348.7544 Northwest Beltway Part A, construction authorized;
666 financing.—Notwithstanding s. 338.2275, the Central Florida
667 Orlando-Orange County Expressway Authority may is hereby
668 authorized to construct, finance, operate, own, and maintain
669 that portion of the Western Beltway known as the Northwest
670 Beltway Part A, extending from Florida’s Turnpike near Ocoee
671 north to U.S. 441 near Apopka, as part of the authority’s 20
672 year capital projects plan. This project may be financed with
673 any funds available to the authority for such purpose or revenue
674 bonds issued by the Division of Bond Finance of the State Board
675 of Administration on behalf of the authority pursuant to s. 11,
676 Art. VII of the State Constitution and the State Bond Act, ss.
677 215.57-215.83.
678 Section 7. Section 348.7545, Florida Statutes, is amended
679 to read:
680 348.7545 Western Beltway Part C, construction authorized;
681 financing.—Notwithstanding s. 338.2275, the Central Florida
682 Orlando-Orange County Expressway Authority may is authorized to
683 exercise its condemnation powers, construct, finance, operate,
684 own, and maintain that portion of the Western Beltway known as
685 the Western Beltway Part C, extending from Florida’s Turnpike
686 near Ocoee in Orange County southerly through Orange and Osceola
687 Counties to an interchange with I-4 near the Osceola-Polk County
688 line, as part of the authority’s 20-year capital projects plan.
689 This project may be financed with any funds available to the
690 authority for such purpose or revenue bonds issued by the
691 Division of Bond Finance of the State Board of Administration on
692 behalf of the authority pursuant to s. 11, Art. VII of the State
693 Constitution and the State Bond Act, ss. 215.57-215.83. This
694 project may be refinanced with bonds issued by the authority
695 pursuant to s. 348.755(1)(d).
696 Section 8. Section 348.7546, Florida Statutes, is amended
697 to read:
698 348.7546 Wekiva Parkway, construction authorized;
699 financing.—
700 (1) The Central Florida Orlando-Orange County Expressway
701 Authority may is authorized to exercise its condemnation powers
702 and to construct, finance, operate, own, and maintain those
703 portions of the Wekiva Parkway which are identified by agreement
704 between the authority and the department and which are included
705 as part of the authority’s long-range capital improvement plan.
706 The “Wekiva Parkway” means any limited access highway or
707 expressway constructed between State Road 429 and Interstate 4
708 specifically incorporating the corridor alignment recommended by
709 Recommendation 2 of the Wekiva River Basin Area Task Force final
710 report dated January 15, 2003, and the recommendations of the SR
711 429 Working Group which were adopted January 16, 2004. This
712 project may be financed with any funds available to the
713 authority for such purpose or revenue bonds issued by the
714 authority under s. 11, Art. VII of the State Constitution and s.
715 348.755(1)(b). This section does not invalidate the exercise by
716 the authority of its condemnation powers or the acquisition of
717 any property for the Wekiva Parkway before July 1, 2012.
718 (2) Notwithstanding any other provision of law to the
719 contrary, in order to ensure that funds are available to the
720 department for its portion of the Wekiva Parkway, beginning July
721 1, 2012, the authority shall repay the expenditures by the
722 department for costs of operation and maintenance of the Central
723 Florida Orlando-Orange County Expressway System in accordance
724 with the terms of the memorandum of understanding between the
725 authority and the department as ratified by the authority board
726 on February 22, 2012, which requires the authority to pay the
727 department $10 million on July 1, 2012, and $20 million on each
728 successive July 1 until the department has been fully reimbursed
729 for all costs of the Central Florida Orlando-Orange County
730 Expressway System which were paid, advanced, or reimbursed to
731 the authority by the department, with a final payment in the
732 amount of the balance remaining. Notwithstanding any other law
733 to the contrary, the funds paid to the department pursuant to
734 this subsection must shall be allocated by the department for
735 construction of the Wekiva Parkway.
736 (3) The department’s obligation to construct its portions
737 of the Wekiva Parkway is contingent upon the timely payment by
738 the authority of the annual payments required of the authority
739 and receipt of all required environmental permits and approvals
740 by the Federal Government.
741 Section 9. Section 348.7547, Florida Statutes, is amended
742 to read:
743 348.7547 Maitland Boulevard Extension and Northwest Beltway
744 Part A Realignment construction authorized; financing.
745 Notwithstanding s. 338.2275, the Central Florida Orlando-Orange
746 County Expressway Authority may is hereby authorized to exercise
747 its condemnation powers, construct, finance, operate, own, and
748 maintain the portion of State Road 414 known as the Maitland
749 Boulevard Extension and the realigned portion of the Northwest
750 Beltway Part A as part of the authority’s long-range capital
751 improvement plan. The Maitland Boulevard Extension extends will
752 extend from the current terminus of State Road 414 at U.S. 441
753 west to State Road 429 in west Orange County. The realigned
754 portion of the Northwest Beltway Part A runs will run from the
755 point at or near where the Maitland Boulevard Extension connects
756 will connect with State Road 429 and proceeds will proceed to
757 the west and then north resulting in the northern terminus of
758 State Road 429 moving farther west before reconnecting with U.S.
759 441. However, under no circumstances may shall the realignment
760 of the Northwest Beltway Part A conflict with or contradict with
761 the alignment of the Wekiva Parkway as defined in s. 348.7546.
762 This project may be financed with any funds available to the
763 authority for such purpose or revenue bonds issued by the
764 authority under s. 11, Art. VII of the State Constitution and s.
765 348.755(1)(b).
766 Section 10. Subsections (2) and (3) of section 348.755,
767 Florida Statutes, are amended to read:
768 348.755 Bonds of the authority.—
769 (2) Any such resolution that authorizes or resolutions
770 authorizing any bonds issued under this section hereunder may
771 contain provisions that must which shall be part of the contract
772 with the holders of such bonds, relating as to:
773 (a) The pledging of all or any part of the revenues, rates,
774 fees, rentals, (including all or any portion of the Orange
775 County gasoline tax funds received by the authority pursuant to
776 the terms of any lease-purchase agreement between the authority
777 and the department, or any part thereof), or other charges or
778 receipts of the authority, derived by the authority, from the
779 Central Florida Orlando-Orange County Expressway System.
780 (b) The completion, improvement, operation, extension,
781 maintenance, repair, lease or lease-purchase agreement of the
782 said system, and the duties of the authority and others,
783 including the department, with reference thereto.
784 (c) Limitations on the purposes to which the proceeds of
785 the bonds, then or thereafter to be issued, or of any loan or
786 grant by the United States or the state may be applied.
787 (d) The fixing, charging, establishing, and collecting of
788 rates, fees, rentals, or other charges for use of the services
789 and facilities of the Central Florida Orlando-Orange County
790 Expressway System or any part thereof.
791 (e) The setting aside of reserves or sinking funds or
792 repair and replacement funds and the regulation and disposition
793 thereof.
794 (f) Limitations on the issuance of additional bonds.
795 (g) The terms and provisions of any lease-purchase
796 agreement, deed of trust or indenture securing the bonds, or
797 under which the same may be issued.
798 (h) Any other or additional agreements with the holders of
799 the bonds which the authority may deem desirable and proper.
800 (3) The authority may employ fiscal agents as provided by
801 this part or the State Board of Administration of Florida may
802 upon request of the authority act as fiscal agent for the
803 authority in the issuance of any bonds that which may be issued
804 pursuant to this part, and the State Board of Administration may
805 upon request of the authority take over the management, control,
806 administration, custody, and payment of any or all debt services
807 or funds or assets now or hereafter available for any bonds
808 issued pursuant to this part. The authority may enter into any
809 deeds of trust, indentures or other agreements with its fiscal
810 agent, or with any bank or trust company within or without the
811 state, as security for such bonds, and may, under such
812 agreements, sign and pledge all or any of the revenues, rates,
813 fees, rentals or other charges or receipts of the authority,
814 including all or any portion of the Orange County gasoline tax
815 funds received by the authority pursuant to the terms of any
816 lease-purchase agreement between the authority and the
817 department, thereunder. Such deed of trust, indenture, or other
818 agreement may contain such provisions as are customary in such
819 instruments, or, as the authority may authorize, including but
820 without limitation, provisions as to:
821 (a) The completion, improvement, operation, extension,
822 maintenance, repair, and lease of, or lease-purchase agreement
823 relating to the Central Florida Orlando-Orange County Expressway
824 System, and the duties of the authority and others including the
825 department, with reference thereto.
826 (b) The application of funds and the safeguarding of funds
827 on hand or on deposit.
828 (c) The rights and remedies of the trustee and the holders
829 of the bonds.
830 (d) The terms and provisions of the bonds or the
831 resolutions authorizing the issuance of same.
832 Section 11. Subsections (3) and (4) of section 348.756,
833 Florida Statutes, are amended to read:
834 348.756 Remedies of the bondholders.—
835 (3) When a Any trustee is when appointed pursuant to
836 subsection (1) as aforesaid, or is acting under a deed of trust,
837 indenture, or other agreement, and whether or not all bonds have
838 been declared due and payable, the trustee is shall be entitled
839 as of right to the appointment of a receiver, who may enter upon
840 and take possession of the Central Florida Orlando-Orange County
841 Expressway System or the facilities or any part of the system or
842 facilities or parts thereof, the rates, fees, rentals, or other
843 revenues, charges, or receipts that from which are, or may be,
844 applicable to the payment of the bonds so in default, and
845 subject to and in compliance with the provisions of any lease
846 purchase agreement between the authority and the department
847 operate and maintain the same, for and on behalf of and in the
848 name of, the authority, the department, and the bondholders, and
849 collect and receive all rates, fees, rentals, and other charges
850 or receipts or revenues arising therefrom in the same manner as
851 the authority or the department might do, and shall deposit all
852 such moneys in a separate account and apply the same in such
853 manner as the court directs shall direct. In any suit, action,
854 or proceeding by the trustee, the fees, counsel fees, and
855 expenses of the trustee, and the said receiver, if any, and all
856 costs and disbursements allowed by the court must shall be a
857 first charge on any rates, fees, rentals, or other charges,
858 revenues, or receipts, derived from the Central Florida Orlando
859 Orange County Expressway System, or the facilities or services
860 or any part of the system or facilities or parts thereof,
861 including payments under any such lease-purchase agreement as
862 aforesaid which said rates, fees, rentals, or other charges,
863 revenues, or receipts shall or may be applicable to the payment
864 of the bonds that are so in default. The Such trustee has shall,
865 in addition to the foregoing, have and possess all of the powers
866 necessary or appropriate for the exercise of any functions
867 specifically set forth in this section herein or incident to the
868 representation of the bondholders in the enforcement and
869 protection of their rights.
870 (4) Nothing in This section or any other section of this
871 part does not shall authorize any receiver appointed pursuant
872 hereto for the purpose, subject to and in compliance with the
873 provisions of any lease-purchase agreement between the authority
874 and the department, of operating and maintaining the Central
875 Florida Orlando-Orange County Expressway System or any
876 facilities or part of the system or facilities or parts thereof,
877 to sell, assign, mortgage, or otherwise dispose of any of the
878 assets of whatever kind and character belonging to the
879 authority. It is the intention of this part to limit The powers
880 of the such receiver, subject to and in compliance with the
881 provisions of any lease-purchase agreement between the authority
882 and the department, are limited to the operation and maintenance
883 of the Central Florida Orlando-Orange County Expressway System,
884 or any facility, or part or parts thereof, as the court may
885 direct, in the name and for and on behalf of the authority, the
886 department, and the bondholders, and no holder of bonds on the
887 authority nor any trustee, has shall ever have the right in any
888 suit, action, or proceeding at law or in equity, to compel a
889 receiver, nor may shall any receiver be authorized or any court
890 be empowered to direct the receiver to sell, assign, mortgage,
891 or otherwise dispose of any assets of whatever kind or character
892 belonging to the authority.
893 Section 12. Subsections (1) through (7) of section 348.757,
894 Florida Statutes, are amended to read:
895 348.757 Lease-purchase agreement.—
896 (1) In order to effectuate the purposes of this part and as
897 authorized by this part, The authority may enter into a lease
898 purchase agreement with the department relating to and covering
899 the former Orlando-Orange County Expressway System.
900 (2) The Such lease-purchase agreement must shall provide
901 for the leasing of the former Orlando-Orange County Expressway
902 System, by the authority, as lessor, to the department, as
903 lessee, must shall prescribe the term of such lease and the
904 rentals to be paid thereunder, and must shall provide that upon
905 the completion of the faithful performance thereunder and the
906 termination of the such lease-purchase agreement, title in fee
907 simple absolute to the former Orlando-Orange County Expressway
908 System as then constituted shall be transferred in accordance
909 with law by the authority, to the state and the authority shall
910 deliver to the department such deeds and conveyances as shall be
911 necessary or convenient to vest title in fee simple absolute in
912 the state.
913 (3) The Such lease-purchase agreement may include such
914 other provisions, agreements, and covenants that as the
915 authority and the department deem advisable or required,
916 including, but not limited to, provisions as to the bonds to be
917 issued under, and for the purposes of, this part, the
918 completion, extension, improvement, operation, and maintenance
919 of the former Orlando-Orange County Expressway System and the
920 expenses and the cost of operation of the said authority, the
921 charging and collection of tolls, rates, fees, and other charges
922 for the use of the services and facilities of the system
923 thereof, the application of federal or state grants or aid that
924 which may be made or given to assist the authority in the
925 completion, extension, improvement, operation, and maintenance
926 of the former Orlando-Orange County Orlando Expressway System,
927 which the authority is hereby authorized to accept and apply to
928 such purposes, the enforcement of payment and collection of
929 rentals and any other terms, provisions, or covenants necessary,
930 incidental, or appurtenant to the making of and full performance
931 under the such lease-purchase agreement.
932 (4) The department as lessee under the such lease-purchase
933 agreement, may is hereby authorized to pay as rentals under the
934 agreement thereunder any rates, fees, charges, funds, moneys,
935 receipts, or income accruing to the department from the
936 operation of the former Orlando-Orange County Expressway System
937 and the Orange County gasoline tax funds and may also pay as
938 rentals any appropriations received by the department pursuant
939 to any act of the Legislature of the state heretofore or
940 hereafter enacted; provided, however, this part or the that
941 nothing herein nor in such lease-purchase agreement is not
942 intended to and does not nor shall this part or such lease
943 purchase agreement require the making or continuance of such
944 appropriations, and nor shall any holder of bonds issued
945 pursuant to this part does not ever have any right to compel the
946 making or continuance of such appropriations.
947 (5) A No pledge of the said Orange County gasoline tax
948 funds as rentals under a such lease-purchase agreement may not
949 shall be made without the consent of the County of Orange
950 evidenced by a resolution duly adopted by the board of county
951 commissioners of said county at a public hearing held pursuant
952 to due notice thereof published at least once a week for 3
953 consecutive weeks before the hearing in a newspaper of general
954 circulation in Orange County. The Said resolution, among other
955 things, must shall provide that any excess of the said pledged
956 gasoline tax funds which is not required for debt service or
957 reserves for the such debt service for any bonds issued by the
958 said authority shall be returned annually to the department for
959 distribution to Orange County as provided by law. Before making
960 any application for a such pledge of gasoline tax funds, the
961 authority shall present the plan of its proposed project to the
962 Orange County planning and zoning commission for its comments
963 and recommendations.
964 (6) The Said department may shall have power to covenant in
965 any lease-purchase agreement that it will pay all or any part of
966 the cost of the operation, maintenance, repair, renewal, and
967 replacement of the said system, and any part of the cost of
968 completing the said system to the extent that the proceeds of
969 bonds issued therefor are insufficient, from sources other than
970 the revenues derived from the operation of the said system and
971 the said Orange County gasoline tax funds. The said department
972 may also agree to make such other payments from any moneys
973 available to the said commission, the said county, or the said
974 city in connection with the construction or completion of the
975 said system as shall be deemed by the said department to be fair
976 and proper under any such covenants heretofore or hereafter
977 entered into.
978 (7) The said system must shall be a part of the state road
979 system and the said department may is hereby authorized, upon
980 the request of the authority, to expend out of any funds
981 available for the purpose the such moneys, and to use such of
982 its engineering and other forces, as may be necessary and
983 desirable in the judgment of said department, for the operation
984 of the said authority and for traffic surveys, borings, surveys,
985 preparation of plans and specifications, estimates of cost, and
986 other preliminary engineering and other studies; provided,
987 however, that the aggregate amount of moneys expended for the
988 said purposes by the said department do shall not exceed the sum
989 of $375,000.
990 Section 13. Section 348.758, Florida Statutes, is amended
991 to read:
992 348.758 Appointment of department as may be appointed agent
993 of authority for construction.—The department may be appointed
994 by the said authority as its agent for the purpose of
995 constructing improvements and extensions to the Central Florida
996 Orlando-Orange County Expressway System and for its the
997 completion thereof. In such event, the authority shall provide
998 the department with complete copies of all documents,
999 agreements, resolutions, contracts, and instruments relating
1000 thereto and shall request the department to do such construction
1001 work, including the planning, surveying, and actual construction
1002 of the completion, extensions, and improvements to the Central
1003 Florida Orlando-Orange County Expressway System and shall
1004 transfer to the credit of an account of the department in the
1005 State Treasury of the state the necessary funds, therefor and
1006 the department may shall thereupon be authorized, empowered and
1007 directed to proceed with such construction and to use the said
1008 funds for such purpose in the same manner that it is now
1009 authorized to use the funds otherwise provided by law for the
1010 its use in construction of roads and bridges.
1011 Section 14. Section 348.759, Florida Statutes, is amended
1012 to read:
1013 348.759 Acquisition of lands and property.—
1014 (1) For the purposes of this part, the Central Florida
1015 Orlando-Orange County Expressway Authority may acquire private
1016 or public property and property rights, including rights of
1017 access, air, view, and light, by gift, devise, purchase, or
1018 condemnation by eminent domain proceedings, as the authority
1019 deems may deem necessary for any of the purposes of this part,
1020 including, but not limited to, any lands reasonably necessary
1021 for securing applicable permits, areas necessary for management
1022 of access, borrow pits, drainage ditches, water retention areas,
1023 rest areas, replacement access for landowners whose access is
1024 impaired due to the construction of a facility, and replacement
1025 rights-of-way for relocated rail and utility facilities; for
1026 existing, proposed, or anticipated transportation facilities on
1027 the Central Florida Orlando-Orange County Expressway System or
1028 in a transportation corridor designated by the authority; or for
1029 the purposes of screening, relocation, removal, or disposal of
1030 junkyards and scrap metal processing facilities. The authority
1031 may shall also have the power to condemn any material and
1032 property necessary for such purposes.
1033 (2) The right of eminent domain herein conferred shall be
1034 exercised by the authority shall exercise the right of eminent
1035 domain in the manner provided by law.
1036 (3) When the authority acquires property for a
1037 transportation facility or in a transportation corridor, it is
1038 not subject to any liability imposed by chapter 376 or chapter
1039 403 for preexisting soil or groundwater contamination due solely
1040 to its ownership. This section does not affect the rights or
1041 liabilities of any past or future owners of the acquired
1042 property and nor does not it affect the liability of any
1043 governmental entity for the results of its actions which create
1044 or exacerbate a pollution source. The authority and the
1045 Department of Environmental Protection may enter into
1046 interagency agreements for the performance, funding, and
1047 reimbursement of the investigative and remedial acts necessary
1048 for property acquired by the authority.
1049 Section 15. Section 348.760, Florida Statutes, is amended
1050 to read:
1051 348.760 Cooperation with other units, boards, agencies, and
1052 individuals.—A Express authority and power is hereby given and
1053 granted any county, municipality, drainage district, road and
1054 bridge district, school district or any other political
1055 subdivision, board, commission, or individual in, or of, the
1056 state may to make and enter into with the authority, contracts,
1057 leases, conveyances, partnerships, or other agreements pursuant
1058 to within the provisions and purposes of this part. The
1059 authority may is hereby expressly authorized to make and enter
1060 into contracts, leases, conveyances, partnerships, and other
1061 agreements with any political subdivision, agency, or
1062 instrumentality of the state and any and all federal agencies,
1063 corporations, and individuals, for the purpose of carrying out
1064 the provisions of this part or with the consent of the Seminole
1065 County Expressway Authority, for the purpose of carrying out and
1066 implementing part VIII of this chapter.
1067 Section 16. Section 348.761, Florida Statutes, is amended
1068 to read:
1069 348.761 Covenant of the state.—The state pledges does
1070 hereby pledge to, and agrees, with any person, firm or
1071 corporation, or federal or state agency subscribing to, or
1072 acquiring the bonds to be issued by the authority for the
1073 purposes of this part that the state will not limit or alter the
1074 rights that are hereby vested in the authority and the
1075 department until all issued bonds and interest at any time
1076 issued, together with the interest thereon, are fully paid and
1077 discharged insofar as the pledge same affects the rights of the
1078 holders of bonds issued pursuant to this part hereunder. The
1079 state does further pledge to, and agree, with the United States
1080 that in the event any federal agency constructs or contributes
1081 shall construct or contribute any funds for the completion,
1082 extension, or improvement of the Central Florida Orlando-Orange
1083 County Expressway System, or any part or portion of the system
1084 thereof, the state will not alter or limit the rights and powers
1085 of the authority and the department in any manner that which
1086 would be inconsistent with the continued maintenance and
1087 operation of the Central Florida Orlando-Orange County
1088 Expressway System or the completion, extension, or improvement
1089 of the system thereof, or that which would be inconsistent with
1090 the due performance of any agreements between the authority and
1091 any such federal agency, and the authority and the department
1092 shall continue to have and may exercise all powers herein
1093 granted in this part, so long as the powers are same shall be
1094 necessary or desirable for the carrying out of the purposes of
1095 this part and the purposes of the United States in the
1096 completion, extension, or improvement of the Central Florida
1097 Orlando-Orange County Expressway System, or any part of the
1098 system or portion thereof.
1099 Section 17. Section 348.765, Florida Statutes, is amended
1100 to read:
1101 348.765 This part complete and additional authority.—
1102 (1) The powers conferred by this part are shall be in
1103 addition and supplemental to the existing powers of the said
1104 board and the department, and this part may shall not be
1105 construed as repealing any of the provisions, of any other law,
1106 general, special, or local, but to supersede such other laws in
1107 the exercise of the powers provided in this part, and to provide
1108 a complete method for the exercise of the powers granted in this
1109 part. The extension and improvement of the Central Florida said
1110 Orlando-Orange County Expressway System, and the issuance of
1111 bonds pursuant to this part hereunder to finance all or part of
1112 the cost of the system thereof, may be accomplished upon
1113 compliance with the provisions of this part without regard to or
1114 necessity for compliance with the provisions, limitations, or
1115 restrictions contained in any other general, special, or local
1116 law, including, but not limited to, s. 215.821, and no approval
1117 of any bonds issued under this part by the qualified electors or
1118 qualified electors who are freeholders in the state or in the
1119 said County of Orange, or in the said City of Orlando, or in any
1120 other political subdivision of the state, is shall be required
1121 for the issuance of such bonds pursuant to this part.
1122 (2) This part does shall not be deemed to repeal, rescind,
1123 or modify any other law or laws relating to the said State Board
1124 of Administration, the said Department of Transportation, or the
1125 Division of Bond Finance of the State Board of Administration,
1126 but supersedes any shall be deemed to and shall supersede such
1127 other law that is or laws as are inconsistent with the
1128 provisions of this part, including, but not limited to, s.
1129 215.821.
1130 Section 18. Section 348.9953, Florida Statutes, is amended
1131 to read:
1132 348.9953 Purposes and powers.—The purposes and powers of
1133 the authority are shall be the same as those identified in the
1134 Florida Expressway Authority Act, except that such purposes and
1135 powers may only be exercised with respect to the Poinciana
1136 Parkway. The Osceola County Expressway Authority may exist only
1137 until the earlier of December 31, 2016, or the completion of
1138 construction of the Poinciana Parkway, a limited access facility
1139 of approximately 9 miles in length in Osceola County with its
1140 northwestern terminus at the intersection of County Road 54 and
1141 US 17/US 92 and its southeastern terminus at the current
1142 intersection of Rhododendron and Cypress Parkway, described in
1143 the Osceola County Expressway Authority May 8, 2012, Master
1144 Plan. The authority’s expressway system shall be limited to the
1145 Poinciana Parkway, as it is described in the Osceola County
1146 Expressway Authority May 8, 2012, Master Plan, except that the
1147 authority may construct additions to, or improvements to, the
1148 Poinciana Parkway, including all necessary approaches, roads,
1149 bridges, and avenues of access, with such changes,
1150 modifications, or revisions of the project that are deemed
1151 desirable and proper. However, the authority may not extend the
1152 Poinciana Parkway beyond the project limits described in the
1153 Osceola County Expressway Authority May 8, 2012, Master Plan. In
1154 implementing this act, the authority shall institute procedures
1155 to encourage the awarding of contracts for professional services
1156 and construction to certified minority business enterprises as
1157 defined in s. 288.703. The authority shall develop and implement
1158 activities to encourage the participation of certified minority
1159 business enterprises in the contracting process.
1160 Section 19. Subsections (6) and (7) of section 369.317,
1161 Florida Statutes, are amended to read:
1162 369.317 Wekiva Parkway.—
1163 (6) The Central Florida Orlando-Orange County Expressway
1164 Authority is hereby granted the authority to act as a third
1165 party acquisition agent, pursuant to s. 259.041 on behalf of the
1166 Board of Trustees or chapter 373 on behalf of the governing
1167 board of the St. Johns River Water Management District, for the
1168 acquisition of all necessary lands, property and all interests
1169 in property identified herein, including fee simple or less
1170 than-fee simple interests. The lands subject to this authority
1171 are identified in paragraph 10.a., State of Florida, Office of
1172 the Governor, Executive Order 03-112 of July 1, 2003, and in
1173 Recommendation 16 of the Wekiva Basin Area Task Force created by
1174 Executive Order 2002-259, such lands otherwise known as
1175 Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
1176 Lake Counties within Sections 27, 28, 33, and 34 of Township 19
1177 South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
1178 South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
1179 parcel located in Lake County within Section 37, Township 19
1180 South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
1181 Lake County within Sections 23, 25, 26, 35, and 36, Township 19
1182 South, Range 28 East; Pine Plantation, a 617+/-acre tract
1183 consisting of eight individual parcels within the Apopka City
1184 limits. The Department of Transportation, the Department of
1185 Environmental Protection, the St. Johns River Water Management
1186 District, and other land acquisition entities shall participate
1187 and cooperate in providing information and support to the third
1188 party acquisition agent. The land acquisition process authorized
1189 by this paragraph shall begin no later than December 31, 2004.
1190 Acquisition of the properties identified as Neighborhood Lakes,
1191 Pine Plantation, and New Garden Coal, or approval as a
1192 mitigation bank shall be concluded no later than December 31,
1193 2010. Department of Transportation and Central Florida Orlando
1194 Orange County Expressway Authority funds expended to purchase an
1195 interest in those lands identified in this subsection shall be
1196 eligible as environmental mitigation for road construction
1197 related impacts in the Wekiva Study Area. If any of the lands
1198 identified in this subsection are used as environmental
1199 mitigation for road-construction-related impacts incurred by the
1200 Department of Transportation or Central Florida Orlando-Orange
1201 County Expressway Authority, or for other impacts incurred by
1202 other entities, within the Wekiva Study Area or within the
1203 Wekiva parkway alignment corridor, and if the mitigation offsets
1204 these impacts, the St. Johns River Water Management District and
1205 the Department of Environmental Protection shall consider the
1206 activity regulated under part IV of chapter 373 to meet the
1207 cumulative impact requirements of s. 373.414(8)(a).
1208 (a) Acquisition of the land described in this section is
1209 required to provide right-of-way for the Wekiva Parkway, a
1210 limited access roadway linking State Road 429 to Interstate 4,
1211 an essential component in meeting regional transportation needs
1212 to provide regional connectivity, improve safety, accommodate
1213 projected population and economic growth, and satisfy critical
1214 transportation requirements caused by increased traffic volume
1215 growth and travel demands.
1216 (b) Acquisition of the lands described in this section is
1217 also required to protect the surface water and groundwater
1218 resources of Lake, Orange, and Seminole counties, otherwise
1219 known as the Wekiva Study Area, including recharge within the
1220 springshed that provides for the Wekiva River system. Protection
1221 of this area is crucial to the long term viability of the Wekiva
1222 River and springs and the central Florida region’s water supply.
1223 Acquisition of the lands described in this section is also
1224 necessary to alleviate pressure from growth and development
1225 affecting the surface and groundwater resources within the
1226 recharge area.
1227 (c) Lands acquired pursuant to this section that are needed
1228 for transportation facilities for the Wekiva Parkway shall be
1229 determined not necessary for conservation purposes pursuant to
1230 ss. 253.034(6) and 373.089(5) and shall be transferred to or
1231 retained by the Central Florida Orlando-Orange County Expressway
1232 Authority or the Department of Transportation upon reimbursement
1233 of the full purchase price and acquisition costs.
1234 (7) The Department of Transportation, the Department of
1235 Environmental Protection, the St. Johns River Water Management
1236 District, Central Florida Orlando-Orange County Expressway
1237 Authority, and other land acquisition entities shall cooperate
1238 and establish funding responsibilities and partnerships by
1239 agreement to the extent funds are available to the various
1240 entities. Properties acquired with Florida Forever funds shall
1241 be in accordance with s. 259.041 or chapter 373. The Central
1242 Florida Orlando-Orange County Expressway Authority shall acquire
1243 land in accordance with this section of law to the extent funds
1244 are available from the various funding partners, but shall not
1245 be required nor assumed to fund the land acquisition beyond the
1246 agreement and funding provided by the various land acquisition
1247 entities.
1248 Section 20. Subsection (1) of section 369.324, Florida
1249 Statutes, is amended to read:
1250 369.324 Wekiva River Basin Commission.—
1251 (1) The Wekiva River Basin Commission is created to monitor
1252 and ensure the implementation of the recommendations of the
1253 Wekiva River Basin Coordinating Committee for the Wekiva Study
1254 Area. The East Central Florida Regional Planning Council shall
1255 provide staff support to the commission with funding assistance
1256 from the Department of Economic Opportunity. The commission
1257 shall be comprised of a total of 18 19 members appointed by the
1258 Governor, 9 of whom shall be voting members and 9 10 shall be ad
1259 hoc nonvoting members. The voting members shall include:
1260 (a) One member of each of the Boards of County
1261 Commissioners for Lake, Orange, and Seminole Counties.
1262 (b) One municipal elected official to serve as a
1263 representative of the municipalities located within the Wekiva
1264 Study Area of Lake County.
1265 (c) One municipal elected official to serve as a
1266 representative of the municipalities located within the Wekiva
1267 Study Area of Orange County.
1268 (d) One municipal elected official to serve as a
1269 representative of the municipalities located within the Wekiva
1270 Study Area of Seminole County.
1271 (e) One citizen representing an environmental or
1272 conservation organization, one citizen representing a local
1273 property owner, a land developer, or an agricultural entity, and
1274 one at-large citizen who shall serve as chair of the council.
1275 (f) The ad hoc nonvoting members shall include one
1276 representative from each of the following entities:
1277 1. St. Johns River Management District.
1278 2. Department of Economic Opportunity.
1279 3. Department of Environmental Protection.
1280 4. Department of Health.
1281 5. Department of Agriculture and Consumer Services.
1282 6. Fish and Wildlife Conservation Commission.
1283 7. Department of Transportation.
1284 8. MetroPlan Orlando.
1285 9. Central Florida Orlando-Orange County Expressway
1286 Authority.
1287 10. Seminole County Expressway Authority.
1288 Section 21. (1) While the governing body of the authority,
1289 upon the effective date of this act, has one or more members
1290 from Osceola County as provided in s. 348.753(3), Florida
1291 Statutes, and the authority has the purposes and powers
1292 described in s. 348.754, Florida Statutes, regarding Osceola
1293 County, the Osceola County Expressway Authority shall continue
1294 solely for the purpose of planning and construction of the
1295 Poinciana Parkway as provided and permitted in this subsection.
1296 Upon the earlier of December 31, 2016, or the completion of
1297 construction of the Poinciana Parkway, a limited access facility
1298 of approximately 9 miles in length in Osceola County with its
1299 northwestern terminus at the intersection of County Road 54 and
1300 US 17/US 92 and its southeastern terminus at the current
1301 intersection of Rhododendron and Cypress Parkway, described in
1302 the Osceola County Expressway Authority May 8, 2012, Master
1303 Plan, all powers, governance, and control of the Osceola County
1304 Expressway System, created pursuant to part V, chapter 348,
1305 Florida Statutes, is transferred to the Central Florida
1306 Expressway Authority, and the assets, liabilities, facilities,
1307 tangible and intangible property and any rights in the property,
1308 and any other legal rights of the Osceola County Expressway
1309 Authority are transferred to the Central Florida Expressway
1310 Authority. Part V of chapter 348, Florida Statutes, consisting
1311 of ss. 348.9950–348.9961, is repealed on the same date that the
1312 Osceola County Expressway System is transferred to the Central
1313 Florida Expressway Authority.
1314 (2) The Central Florida Expressway Authority shall comply
1315 with any and all obligations of any other governmental entities
1316 incurred on behalf of the Osceola County Expressway System,
1317 including any obligations of Osceola County with respect to
1318 operations and maintenance of the Osceola County Expressway
1319 System and any loan repayment obligations, including repayment
1320 obligations with respect to State Infrastructure Bank loans.
1321 Except with respect to the bonds or other debt obligations
1322 originally issued by Osceola County or the Osceola County
1323 Expressway Authority for purposes of financing the planning and
1324 construction of the Poinciana Parkway as provided and permitted
1325 in subsection (1), which shall remain solely subject to the
1326 covenants and agreements of Osceola County to make payments for
1327 any debt service shortfalls, payment obligations transferred to
1328 the Central Florida Expressway Authority shall be made from
1329 revenues available for such purpose after payment of all amounts
1330 required:
1331 (a) Otherwise by law;
1332 (b) By the terms of any resolution authorizing the issuance
1333 of bonds by the authority, the Orlando-Orange County Expressway
1334 Authority, or the Osceola County Expressway Authority;
1335 (c) By the terms of any resolution under which bonds are
1336 issued by Osceola County for the purpose of constructing
1337 improvements to the Osceola County Expressway System; and
1338 (d) By the terms of the memorandum of understanding between
1339 the Orlando-Orange County Expressway Authority and the
1340 department as ratified by the board of the Orlando-Orange County
1341 Expressway Authority on February 22, 2012.
1342 Section 22. The Division of Law Revision and Information is
1343 directed to replace the phrase “the effective date of this act”
1344 wherever it occurs in this act with the date the act becomes a
1345 law.
1346 Section 23. This act shall take effect upon becoming a law.