Florida Senate - 2013                                    SB 1132
       
       
       
       By Senator Brandes
       
       
       
       
       22-00495B-13                                          20131132__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 20.23, F.S.; requiring the Transportation
    4         Commission to also monitor the Mid-Bay Bridge
    5         Authority; deleting provisions relating to the Florida
    6         Statewide Passenger Rail Commission; amending s.
    7         110.205, F.S.; changing to the State Freight and
    8         Logistics Administrator from the State Public
    9         Transportation and Modal Administrator, which is an
   10         exempt position not covered under career service;
   11         creating s. 163.3176, F.S.; providing legislative
   12         intent; requiring that a local government ensure that
   13         noise compatible land-use planning is used in its
   14         jurisdiction; providing guidelines; providing for the
   15         sharing of related costs of construction if a local
   16         government does not comply with the noise mitigation
   17         requirements; requiring that local governments consult
   18         with the Department of Transportation and the
   19         Department of Economic Opportunity in the formulation
   20         of noise mitigation requirements; amending s.
   21         206.9825, F.S.; revising the criteria that certain air
   22         carriers must meet to qualify for an exemption to the
   23         aviation fuel tax; providing remedies for failure by
   24         an air carrier to meet the standards; authorizing
   25         terminal suppliers and wholesalers to receive a
   26         credit, or apply, for a refund of aviation fuel tax
   27         previously paid; conforming terminology; authorizing
   28         the Department of Revenue to adopt rules; repealing s.
   29         316.530(3), F.S., relating to load limits for certain
   30         towed vehicles; amending s. 316.545, F.S.; increasing
   31         the weight amount used for penalty calculations;
   32         conforming terminology; amending s. 331.360, F.S.;
   33         reordering provisions; providing for a spaceport
   34         system plan; providing funding for space
   35         transportation projects from the State Transportation
   36         Trust Fund; requiring Space Florida to provide the
   37         Department of Transportation with specific project
   38         information and to demonstrate transportation and
   39         aerospace benefits; specifying the information to be
   40         provided; providing funding criteria; providing
   41         criteria for the Spaceport Investment Program;
   42         providing for funding; authorizing the use of revenues
   43         for the payment of forms of indebtedness issued by
   44         Space Florida; providing restrictions and criteria for
   45         the use of certain revenues; amending s. 332.007,
   46         F.S.; authorizing the Department of Transportation to
   47         fund strategic airport investments; providing
   48         criteria; amending s. 334.044, F.S.; prohibiting the
   49         department from entering into a lease-purchase
   50         agreement with certain transportation authorities
   51         after a specified time; amending s. 337.11, F.S.;
   52         removing the requirement that a contractor provide a
   53         notarized affidavit as proof of registration; amending
   54         s. 337.14, F.S.; revising the criteria for bidding
   55         certain construction contracts to require a proposed
   56         budget estimate if a contract is more than a specified
   57         amount; amending s. 337.168, F.S.; providing that a
   58         document that reveals the identity of a person who has
   59         requested or received certain information before a
   60         certain time is a public record; amending s. 337.251,
   61         F.S.; revising criteria for leasing particular
   62         department property; increasing the time the
   63         department must accept proposals for lease after a
   64         notice is published; authorizing the department to
   65         establish an application fee by rule; providing
   66         criteria for the fee; providing criteria that the
   67         lease must meet; amending s. 337.408, F.S.; providing
   68         regulations for parking meters and spaces in rights
   69         of-way; requiring each county or municipality to remit
   70         certain revenue to the department; directing the
   71         department to deposit the funds into the State
   72         Transportation Trust Fund; amending s. 338.161, F.S.;
   73         authorizing the department to enter into agreements
   74         with owners of public or private transportation
   75         facilities rather than entities that use the
   76         department’s electronic toll collection and video
   77         billing systems to collect certain charges; amending
   78         s. 338.165, F.S.; removing the Beeline-East Expressway
   79         and the Navarre Bridge from the list of facilities
   80         that have toll revenues to secure their bonds;
   81         amending s. 338.26, F.S.; revising the uses of fees
   82         that are generated from tolls to include the design
   83         and construction of a fire station that may be used by
   84         certain local governments in accordance with a
   85         specified memorandum; removing authority of a district
   86         to issue bonds or notes; amending s. 339.175, F.S.;
   87         revising the criteria that qualify a local government
   88         for participation in a metropolitan planning
   89         organization; revising the criteria to determine
   90         voting membership of a metropolitan planning
   91         organization; providing that each metropolitan
   92         planning organization shall review its membership and
   93         reapportion it as necessary; providing criteria;
   94         removing the requirement that the Governor review and
   95         apportion the voting membership among the various
   96         governmental entities within the metropolitan planning
   97         area; amending s. 339.2821, F.S.; authorizing
   98         Enterprise Florida, Inc., to be a consultant to the
   99         Department of Transportation for consideration of
  100         expenditures associated with and contracts for
  101         transportation projects; revising the requirements for
  102         economic development transportation project contracts
  103         between the department and a governmental entity;
  104         amending s. 339.55, F.S.; adding spaceports to the
  105         list of facility types for which the state-funded
  106         infrastructure bank may lend capital costs or provide
  107         credit enhancements; amending s. 341.031, F.S.;
  108         revising the definition of the term “intercity bus
  109         service”; amending s. 341.053, F.S.; revising the
  110         types of eligible projects and criteria of the
  111         intermodal development program; amending s. 341.302,
  112         F.S.; authorizing the Department of Transportation to
  113         undertake ancillary development for appropriate
  114         revenue sources to be used for state-owned rail
  115         corridors; amending ss. 343.82 and 343.922, F.S.;
  116         removing reference to advances from the Toll
  117         Facilities Revolving Trust Fund as a source of funding
  118         for certain projects by an authority; creating ch.
  119         345, F.S., relating to the Florida Regional Tollway
  120         Authority; creating s. 345.0001, F.S.; providing a
  121         short title; creating s. 345.0002, F.S.; providing
  122         definitions; creating s. 345.0003, F.S.; authorizing
  123         counties to form a regional tollway authority that can
  124         construct, maintain, or operate transportation
  125         projects in a region of the state; providing for
  126         governance of the authority; creating s. 345.0004,
  127         F.S.; providing for the powers and duties of a
  128         regional tollway authority; limiting an authority’s
  129         power with respect to an existing system; prohibiting
  130         an authority from pledging the credit or taxing power
  131         of the state or any political subdivision or agency of
  132         the state; requiring that an authority comply with
  133         certain reporting and documentation requirements;
  134         creating s. 345.0005, F.S.; authorizing the authority
  135         to issue bonds; providing that the issued bonds must
  136         meet certain requirements; providing that the
  137         resolution that authorizes the issuance of bonds meet
  138         certain requirements; authorizing an authority to
  139         enter into security agreements for issued bonds with a
  140         bank or trust company; providing that the issued bonds
  141         are negotiable instruments and have certain qualities;
  142         providing that a resolution authorizing the issuance
  143         of bonds and pledging of revenues of the system must
  144         contain certain requirements; prohibiting the use or
  145         pledge of state funds to pay principal or interest of
  146         an authority’s bonds; creating s. 345.0006, F.S.;
  147         providing for the rights and remedies granted to
  148         certain bondholders; providing the actions a trustee
  149         may take on behalf of the bondholders; providing for
  150         the appointment of a receiver; providing for the
  151         authority of the receiver; providing limitations to
  152         the receiver’s authority; creating s. 345.0007, F.S.;
  153         providing that the Department of Transportation is the
  154         agent of each authority for specified purposes;
  155         providing for the administration and management of
  156         projects by the department; providing limits on the
  157         department as an agent; providing for the fiscal
  158         responsibilities of the authority; creating s.
  159         345.0008, F.S.; authorizing the department to provide
  160         for or commit its resources for an authority project
  161         or system, if approved by the Legislature; providing
  162         for payment of expenses incurred by the department on
  163         behalf of an authority; requiring the department to
  164         receive a share of the revenue from the authority;
  165         providing calculations for disbursement of revenues;
  166         creating s. 345.0009, F.S.; authorizing the authority
  167         to acquire private or public property and property
  168         rights for a project or plan; authorizing the
  169         authority to exercise the right of eminent domain;
  170         providing for the rights and liabilities and remedial
  171         actions relating to property acquired for a
  172         transportation project or corridor; creating s.
  173         345.0010, F.S.; providing for contracts between
  174         governmental entities and an authority; creating s.
  175         345.0011, F.S.; providing that the state will not
  176         limit or alter the vested rights of a bondholder with
  177         regard to any issued bonds or rights relating to the
  178         bonds under certain conditions; creating s. 345.0012,
  179         F.S.; relieving the authority from the obligation of
  180         paying certain taxes or assessments for property
  181         acquired or used for certain public purposes or for
  182         revenues received relating to the issuance of bonds;
  183         providing exceptions; creating s. 345.0013, F.S.;
  184         providing that the bonds or obligations issued are
  185         legal investments of specified entities; creating s.
  186         345.0014, F.S.; providing applicability; creating s.
  187         345.0015, F.S.; creating the Northwest Florida
  188         Regional Tollway Authority; creating s. 345.0016,
  189         F.S.; creating the Okaloosa-Bay Regional Tollway
  190         Authority; creating s. 345.0017, F.S.; creating the
  191         Suncoast Regional Tollway Authority; providing for the
  192         transfer of the governance and control of the Mid-Bay
  193         Bridge Authority System to the Okaloosa-Bay Regional
  194         Tollway Authority; providing for the disposition of
  195         bonds, the protection of the bondholders, the effect
  196         on the rights and obligations under a contract or the
  197         bonds, and the revenues associated with the bonds;
  198         providing effective dates.
  199  
  200  Be It Enacted by the Legislature of the State of Florida:
  201  
  202         Section 1. Paragraph (b) of subsection (2) and subsection
  203  (3) of section 20.23, Florida Statutes, are amended, and present
  204  subsections (4) through (7) of that subsection are renumbered as
  205  subsections (3) through (6), to read:
  206         20.23 Department of Transportation.—There is created a
  207  Department of Transportation which shall be a decentralized
  208  agency.
  209         (2)
  210         (b) The commission shall have the primary functions to:
  211         1. Recommend major transportation policies for the
  212  Governor’s approval, and assure that approved policies and any
  213  revisions thereto are properly executed.
  214         2. Periodically review the status of the state
  215  transportation system including highway, transit, rail, seaport,
  216  intermodal development, and aviation components of the system
  217  and recommend improvements therein to the Governor and the
  218  Legislature.
  219         3. Perform an in-depth evaluation of the annual department
  220  budget request, the Florida Transportation Plan, and the
  221  tentative work program for compliance with all applicable laws
  222  and established departmental policies. Except as specifically
  223  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  224  not consider individual construction projects, but shall
  225  consider methods of accomplishing the goals of the department in
  226  the most effective, efficient, and businesslike manner.
  227         4. Monitor the financial status of the department on a
  228  regular basis to assure that the department is managing revenue
  229  and bond proceeds responsibly and in accordance with law and
  230  established policy.
  231         5. Monitor on at least a quarterly basis, the efficiency,
  232  productivity, and management of the department, using
  233  performance and production standards developed by the commission
  234  pursuant to s. 334.045.
  235         6. Perform an in-depth evaluation of the factors causing
  236  disruption of project schedules in the adopted work program and
  237  recommend to the Legislature and the Governor methods to
  238  eliminate or reduce the disruptive effects of these factors.
  239         7. Recommend to the Governor and the Legislature
  240  improvements to the department’s organization in order to
  241  streamline and optimize the efficiency of the department. In
  242  reviewing the department’s organization, the commission shall
  243  determine if the current district organizational structure is
  244  responsive to Florida’s changing economic and demographic
  245  development patterns. The initial report by the commission must
  246  be delivered to the Governor and Legislature by December 15,
  247  2000, and each year thereafter, as appropriate. The commission
  248  may retain such experts that as are reasonably necessary to
  249  effectuate this subparagraph, and the department shall pay the
  250  expenses of the such experts.
  251         8. Monitor the efficiency, productivity, and management of
  252  the authorities created under chapters 348 and 349, including
  253  any authority formed using the provisions of part I of chapter
  254  348, the Mid-Bay Bridge Authority created pursuant to chapter
  255  2000-411, Laws of Florida, and any authority formed under
  256  chapter 343 which is not monitored under subsection (3). The
  257  commission shall also conduct periodic reviews of each
  258  authority’s operations and budget, acquisition of property,
  259  management of revenue and bond proceeds, and compliance with
  260  applicable laws and generally accepted accounting principles.
  261         (3) There is created the Florida Statewide Passenger Rail
  262  Commission.
  263         (a)1. The commission shall consist of nine voting members
  264  appointed as follows:
  265         a. Three members shall be appointed by the Governor, one of
  266  whom must have a background in the area of environmental
  267  concerns, one of whom must have a legislative background, and
  268  one of whom must have a general business background.
  269         b. Three members shall be appointed by the President of the
  270  Senate, one of whom must have a background in civil engineering,
  271  one of whom must have a background in transportation
  272  construction, and one of whom must have a general business
  273  background.
  274         c. Three members shall be appointed by the Speaker of the
  275  House of Representatives, one of whom must have a legal
  276  background, one of whom must have a background in financial
  277  matters, and one of whom must have a general business
  278  background.
  279         2. The initial term of each member appointed by the
  280  Governor shall be for 4 years. The initial term of each member
  281  appointed by the President of the Senate shall be for 3 years.
  282  The initial term of each member appointed by the Speaker of the
  283  House of Representatives shall be for 2 years. Succeeding terms
  284  for all members shall be for 4 years.
  285         3. A vacancy occurring during a term shall be filled by the
  286  respective appointing authority in the same manner as the
  287  original appointment and only for the balance of the unexpired
  288  term. An appointment to fill a vacancy shall be made within 60
  289  days after the occurrence of the vacancy.
  290         4. The commission shall elect one of its members as chair
  291  of the commission. The chair shall hold office at the will of
  292  the commission. Five members of the commission shall constitute
  293  a quorum, and the vote of five members shall be necessary for
  294  any action taken by the commission. The commission may meet upon
  295  the constitution of a quorum. A vacancy in the commission does
  296  not impair the right of a quorum to exercise all rights and
  297  perform all duties of the commission.
  298         5. The members of the commission are not entitled to
  299  compensation but are entitled to reimbursement for travel and
  300  other necessary expenses as provided in s. 112.061.
  301         (b) The commission shall have the primary functions of:
  302         1. Monitoring the efficiency, productivity, and management
  303  of all publicly funded passenger rail systems in the state,
  304  including, but not limited to, any authority created under
  305  chapter 343, chapter 349, or chapter 163 if the authority
  306  receives public funds for the provision of passenger rail
  307  service. The commission shall advise each monitored authority of
  308  its findings and recommendations. The commission shall also
  309  conduct periodic reviews of each monitored authority’s passenger
  310  rail and associated transit operations and budget, acquisition
  311  of property, management of revenue and bond proceeds, and
  312  compliance with applicable laws and generally accepted
  313  accounting principles. The commission may seek the assistance of
  314  the Auditor General in conducting such reviews and shall report
  315  the findings of such reviews to the Legislature. This paragraph
  316  does not preclude the Florida Transportation Commission from
  317  conducting its performance and work program monitoring
  318  responsibilities.
  319         2. Advising the department on policies and strategies used
  320  in planning, designing, building, operating, financing, and
  321  maintaining a coordinated statewide system of passenger rail
  322  services.
  323         3. Evaluating passenger rail policies and providing advice
  324  and recommendations to the Legislature on passenger rail
  325  operations in the state.
  326         (c) The commission or a member of the commission may not
  327  enter into the day-to-day operation of the department or a
  328  monitored authority and is specifically prohibited from taking
  329  part in:
  330         1. The awarding of contracts.
  331         2. The selection of a consultant or contractor or the
  332  prequalification of any individual consultant or contractor.
  333  However, the commission may recommend to the secretary standards
  334  and policies governing the procedure for selection and
  335  prequalification of consultants and contractors.
  336         3. The selection of a route for a specific project.
  337         4. The specific location of a transportation facility.
  338         5. The acquisition of rights-of-way.
  339         6. The employment, promotion, demotion, suspension,
  340  transfer, or discharge of any department personnel.
  341         7. The granting, denial, suspension, or revocation of any
  342  license or permit issued by the department.
  343         (d) The commission is assigned to the Office of the
  344  Secretary of the Department of Transportation for administrative
  345  and fiscal accountability purposes, but it shall otherwise
  346  function independently of the control and direction of the
  347  department except that reasonable expenses of the commission
  348  shall be subject to approval by the Secretary of Transportation.
  349  The department shall provide administrative support and service
  350  to the commission.
  351         Section 2. Paragraphs (j) and (m) of subsection (2) of
  352  section 110.205, Florida Statutes, are amended to read:
  353         110.205 Career service; exemptions.—
  354         (2) EXEMPT POSITIONS.—The exempt positions that are not
  355  covered by this part include the following:
  356         (j) The appointed secretaries and the State Surgeon
  357  General, assistant secretaries, deputy secretaries, and deputy
  358  assistant secretaries of all departments; the executive
  359  directors, assistant executive directors, deputy executive
  360  directors, and deputy assistant executive directors of all
  361  departments; the directors of all divisions and those positions
  362  determined by the department to have managerial responsibilities
  363  comparable to such positions, which positions include, but are
  364  not limited to, program directors, assistant program directors,
  365  district administrators, deputy district administrators, the
  366  Director of Central Operations Services of the Department of
  367  Children and Family Services, the State Transportation
  368  Development Administrator, State Freight and Logistics Public
  369  Transportation and Modal Administrator, district secretaries,
  370  district directors of transportation development, transportation
  371  operations, transportation support, and the managers of the
  372  offices specified in s. 20.23(3)(b) 20.23(4)(b), of the
  373  Department of Transportation. Unless otherwise fixed by law, the
  374  department shall set the salary and benefits of these positions
  375  in accordance with the rules of the Senior Management Service;
  376  and the county health department directors and county health
  377  department administrators of the Department of Health.
  378         (m) All assistant division director, deputy division
  379  director, and bureau chief positions in any department, and
  380  those positions determined by the department to have managerial
  381  responsibilities comparable to such positions, which include,
  382  but are not limited to:
  383         1. Positions in the Department of Health and the Department
  384  of Children and Family Services that are assigned primary duties
  385  of serving as the superintendent or assistant superintendent of
  386  an institution.
  387         2. Positions in the Department of Corrections that are
  388  assigned primary duties of serving as the warden, assistant
  389  warden, colonel, or major of an institution or that are assigned
  390  primary duties of serving as the circuit administrator or deputy
  391  circuit administrator.
  392         3. Positions in the Department of Transportation that are
  393  assigned primary duties of serving as regional toll managers and
  394  managers of offices, as defined in s. 20.23(3)(b) and (4)(c)
  395  20.23(4)(b) and (5)(c).
  396         4. Positions in the Department of Environmental Protection
  397  that are assigned the duty of an Environmental Administrator or
  398  program administrator.
  399         5. Positions in the Department of Health that are assigned
  400  the duties of Environmental Administrator, Assistant County
  401  Health Department Director, and County Health Department
  402  Financial Administrator.
  403  
  404  Unless otherwise fixed by law, the department shall set the
  405  salary and benefits of the positions listed in this paragraph in
  406  accordance with the rules established for the Selected Exempt
  407  Service.
  408         Section 3. Section 163.3176, Florida Statutes, is created
  409  to read:
  410         163.3176Legislative findings; noise mitigation
  411  requirements in development plans for land abutting the right
  412  of-way of a limited access facility; compliance required of
  413  local governments.—
  414         (1) The Legislature finds that incompatible residential
  415  development of land adjacent to the rights-of-way of limited
  416  access facilities and the failure to provide protections related
  417  to noise abatement have not been in the best interest of the
  418  public welfare or the economic health of the state. The
  419  Legislature finds that the costs of transportation projects are
  420  significantly increased by the added expense of required noise
  421  abatement and by the delay of other potential and needed
  422  transportation projects. The Legislature finds that limited
  423  access facilities generate traffic noise due to the high speed
  424  and high volumes of vehicular traffic on these important
  425  highways. The Legislature finds that important state interests,
  426  including, but not limited to, the protection of future
  427  residential property owners, will be served by ensuring that
  428  local governments have land development ordinances that promote
  429  residential land-use planning and development that is noise
  430  compatible with adjacent limited access facilities, and by
  431  avoiding future noise abatement problems and the related state
  432  expense to provide noise mitigation for residential dwellings
  433  constructed after notice of a planned limited access facility is
  434  made public. Additionally, the Legislature finds that, with
  435  future potential population growth and the resulting need for
  436  future capacity improvements to limited access facilities, noise
  437  compatible residential land-use planning must take into
  438  consideration an evaluation of future impacts of traffic noise
  439  on proposed residential developments that are adjacent to
  440  limited access facilities.
  441         (2) Each local government shall ensure that noise
  442  compatible land-use planning is used in its jurisdictions in the
  443  development of land for residential use which is adjacent to
  444  right-of-way acquired for a limited access facility. The
  445  measures must include the incorporation of federal and state
  446  noise mitigation standards and guidelines in all local
  447  government land development regulations and be reflected in and
  448  carried out in the local government comprehensive plans,
  449  amendments of adopted comprehensive plans, zoning plans,
  450  subdivision plat approvals, development permits, and building
  451  permits. Each local government shall ensure that residential
  452  development proposed adjacent to a limited access facility is
  453  planned and constructed in conformance with all noise mitigation
  454  standards, guidelines, and regulations. A local government shall
  455  share equally with the Department of Transportation all related
  456  costs of construction if the local government does not comply
  457  with this section and, as a result, the department is required
  458  to construct a noise wall or other noise mitigation in
  459  connection with a road improvement project.
  460         (3) A local government shall consult with the Department of
  461  Economic Opportunity and the department, as needed, in the
  462  formulation and establishment of adequate noise mitigation
  463  requirements in the respective land development regulations as
  464  mandated in this section. A local government shall adopt land
  465  development regulations that are consistent with this section,
  466  as soon as practicable, but not later than July 1, 2014.
  467         Section 4. Subsection (1) of section 206.9825, Florida
  468  Statutes, is amended to read:
  469         206.9825 Aviation fuel tax.—
  470         (1)(a) Except as otherwise provided in this part, an excise
  471  tax of 6.9 cents per gallon of aviation fuel is imposed upon
  472  every gallon of aviation fuel sold in this state, or brought
  473  into this state for use, upon which such tax has not been paid
  474  or the payment thereof has not been lawfully assumed by some
  475  person handling the same in this state. Fuel taxed pursuant to
  476  this part shall not be subject to the taxes imposed by ss.
  477  206.41(1)(d), (e), and (f) and 206.87(1)(b), (c), and (d).
  478         (b) Any licensed wholesaler or terminal supplier that
  479  delivers aviation fuel to an air carrier that offers offering
  480  transcontinental jet service and that has, within the preceding
  481  5-year period from January 1 of the year the exemption is being
  482  applied for, increased its that, after January 1, 1996,
  483  increases the air carrier’s Florida workforce by more than 1,000
  484  1000 percent and by 250 or more full-time equivalent employee
  485  positions as provided in reports that must be filed pursuant to
  486  s. 443.163, may purchase receive a credit or refund as the
  487  ultimate vendor of the aviation fuel exempt from for the 6.9
  488  cents per gallon tax imposed by this part from terminal
  489  suppliers and wholesalers, provided that the air carrier has no
  490  facility for fueling highway vehicles from the tank in which the
  491  aviation fuel is stored. To qualify for the exemption, an air
  492  carrier must submit a written request to the department stating
  493  that it meets the requirements of this paragraph. The exemption
  494  under this paragraph expires on December 31 of the year it was
  495  granted. The exemption is not allowed for any period before the
  496  effective date of the air carrier exemption letter issued by the
  497  department. To renew the exemption, the air carrier must submit
  498  a written request to the department stating that it meets the
  499  requirements of this paragraph. Terminal suppliers and
  500  wholesalers may receive a credit or may apply for a refund, as
  501  the ultimate vendor of the 6.9 cents per gallon aviation fuel
  502  tax previously paid, within 1 year after the date the right to
  503  the refund has accrued excise tax previously paid, provided that
  504  the air carrier has no facility for fueling highway vehicles
  505  from the tank in which the aviation fuel is stored. In
  506  calculating the new or additional Florida full-time equivalent
  507  employee positions, any full-time equivalent employee positions
  508  of parent or subsidiary corporations which existed before the
  509  preceding 5-year period from January 1 of the year the
  510  application for exemption or renewal is being applied for, may
  511  January 1, 1996, shall not be counted toward reaching the
  512  Florida employment increase thresholds. The refund allowed under
  513  this paragraph is in furtherance of the goals and policies of
  514  the State Comprehensive Plan set forth in s. 187.201(16)(a),
  515  (b)1., 2., (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1.,
  516  2., 4., 7., 9., and 12.
  517         (c) If, during the 1-year period in which the exemption is
  518  in place before July 1, 2001, the air carrier fails to maintain
  519  the increase in its Florida workforce by more than 1,000 percent
  520  and by 250 or more full-time equivalent employees number of
  521  full-time equivalent employee positions created or added to the
  522  air carrier’s Florida workforce falls below 250, the exemption
  523  granted pursuant to this section does shall not apply during the
  524  period in which the air carrier was no longer qualified to
  525  receive the exemption has fewer than the 250 additional
  526  employees.
  527         (d) The exemption taken by credit or refund pursuant to
  528  paragraph (b) applies shall apply only under the terms and
  529  conditions set forth in this paragraph therein. If any part of
  530  the that paragraph is judicially declared to be unconstitutional
  531  or invalid, the validity of any provisions taxing aviation fuel
  532  is shall not be affected and all fuel exempted pursuant to
  533  paragraph (b) shall be subject to tax as if the exemption was
  534  never enacted. Each Every person who benefits benefiting from
  535  the such exemption is shall be liable for and must make payment
  536  of all taxes for which a credit or refund was granted.
  537         (e) The department may adopt rules to administer this
  538  subsection.
  539         Section 5. Subsection (3) of section 316.530, Florida
  540  Statutes, is repealed.
  541         Section 6. Subsection (3) of section 316.545, Florida
  542  Statutes, is amended to read:
  543         316.545 Weight and load unlawful; special fuel and motor
  544  fuel tax enforcement; inspection; penalty; review.—
  545         (3) Any person who violates the overloading provisions of
  546  this chapter shall be conclusively presumed to have damaged the
  547  highways of this state by reason of such overloading, which
  548  damage is hereby fixed as follows:
  549         (a) If When the excess weight is 200 pounds or less than
  550  the maximum herein provided by this chapter, the penalty is
  551  shall be $10;
  552         (b) Five cents per pound for each pound of weight in excess
  553  of the maximum herein provided in this chapter if when the
  554  excess weight exceeds 200 pounds. However, if whenever the gross
  555  weight of the vehicle or combination of vehicles does not exceed
  556  the maximum allowable gross weight, the maximum fine for the
  557  first 600 pounds of unlawful axle weight is shall be $10;
  558         (c) For a vehicle equipped with fully functional idle
  559  reduction technology, any penalty shall be calculated by
  560  reducing the actual gross vehicle weight or the internal bridge
  561  weight by the certified weight of the idle-reduction technology
  562  or by 550 400 pounds, whichever is less. The vehicle operator
  563  must present written certification of the weight of the idle
  564  reduction technology and must demonstrate or certify that the
  565  idle-reduction technology is fully functional at all times. This
  566  calculation is not allowed for vehicles described in s.
  567  316.535(6);
  568         (d) An apportioned motor vehicle, as defined in s. 320.01,
  569  operating on the highways of this state without being properly
  570  licensed and registered shall be subject to the penalties as
  571  herein provided in this section; and
  572         (e) Vehicles operating on the highways of this state from
  573  nonmember International Registration Plan jurisdictions which
  574  are not in compliance with the provisions of s. 316.605 shall be
  575  subject to the penalties as herein provided in this section.
  576         Section 7. Section 331.360, Florida Statutes, is reordered
  577  and amended, and subsection (5) is added to that section, to
  578  read:
  579         331.360 Joint participation agreement or assistance;
  580  Spaceport system master plan.—
  581         (2)(1)It shall be the duty, function, and responsibility
  582  of The department shall of Transportation to promote the further
  583  development and improvement of aerospace transportation
  584  facilities; to address intermodal requirements and impacts of
  585  the launch ranges, spaceports, and other space transportation
  586  facilities; to assist in the development of joint-use facilities
  587  and technology that support aviation and aerospace operations;
  588  to coordinate and cooperate in the development of spaceport
  589  infrastructure and related transportation facilities contained
  590  in the Strategic Intermodal System Plan; to encourage, where
  591  appropriate, the cooperation and integration of airports and
  592  spaceports in order to meet transportation-related needs; and to
  593  facilitate and promote cooperative efforts between federal and
  594  state government entities to improve space transportation
  595  capacity and efficiency. In carrying out this duty and
  596  responsibility, the department may assist and advise, cooperate
  597  with, and coordinate with federal, state, local, or private
  598  organizations and individuals. The department may
  599  administratively house its space transportation responsibilities
  600  within an existing division or office.
  601         (3)(2) Notwithstanding any other provision of law, the
  602  department of Transportation may enter into an a joint
  603  participation agreement with, or otherwise assist, Space Florida
  604  as necessary to effectuate the provisions of this chapter and
  605  may allocate funds for such purposes in its 5-year work program.
  606  However, the department may not fund the administrative or
  607  operational costs of Space Florida.
  608         (1)(3) Space Florida shall develop a spaceport system
  609  master plan that identifies statewide spaceport goals and the
  610  need for expansion and modernization of space transportation
  611  facilities within spaceport territories as defined in s.
  612  331.303. The plan must shall contain recommended projects that
  613  to meet current and future commercial, national, and state space
  614  transportation requirements. Space Florida shall submit the plan
  615  to each any appropriate metropolitan planning organization for
  616  review of intermodal impacts. Space Florida shall submit the
  617  spaceport system master plan to the department of
  618  Transportation, which may include those portions of the system
  619  plan which are relevant to the Department of Transportation’s
  620  mission and such plan may be included within the department’s 5
  621  year work program of qualifying projects aerospace discretionary
  622  capacity improvement under subsection (4). The plan must shall
  623  identify appropriate funding levels for each project and include
  624  recommendations on appropriate sources of revenue that may be
  625  developed to contribute to the State Transportation Trust Fund.
  626         (4)(a)Beginning in the 2013-2014 fiscal year, a minimum of
  627  $15 million may be made annually available from the State
  628  Transportation Trust Fund to fund space transportation projects.
  629         (b) Before executing an agreement, Space Florida must
  630  provide project-specific information to the department in order
  631  to demonstrate that the project includes transportation and
  632  aerospace benefits. The project-specific information must
  633  include, but need not be limited to:
  634         1. The description, characteristics, and scope of the
  635  project.
  636         2. The funding sources for and costs of the project.
  637         3. The financing considerations that emphasize federal,
  638  local, and private participation.
  639         4. A financial feasibility and risk analysis, including a
  640  description of the efforts to protect the state’s investment and
  641  to ensure that project goals are realized.
  642         5. A demonstration that the project will encourage,
  643  enhance, or create economic benefits for the state.
  644         (c) The department may fund up to 50 percent of eligible
  645  project costs. If the project meets the following criteria, the
  646  department may fund up to 100 percent of eligible project costs.
  647  The project must:
  648         1. Provide important access and on-spaceport capacity
  649  improvements;
  650         2. Provide capital improvements to strategically position
  651  the state to maximize opportunities in the aerospace industry or
  652  foster growth and development of a sustainable and world-leading
  653  aerospace industry in the state;
  654         3. Meet state goals of an integrated intermodal
  655  transportation system; and
  656         4. Demonstrate the feasibility and availability of matching
  657  funds through federal, local, or private partners Subject to the
  658  availability of appropriated funds, the department may
  659  participate in the capital cost of eligible spaceport
  660  discretionary capacity improvement projects. The annual
  661  legislative budget request shall be based on the proposed
  662  funding requested for approved spaceport discretionary capacity
  663  improvement projects.
  664         (5) Beginning in the 2013-2014 fiscal year and annually for
  665  up to 30 years thereafter, $5 million shall be allocated for the
  666  purpose of funding any spaceport project identified in the
  667  adopted work program of the department, to be known as the
  668  Spaceport Investment Program. The revenues may be assigned,
  669  pledged, or set aside as a trust for the payment of principal or
  670  interest on bonds, tax anticipation certificates, or other forms
  671  of indebtedness issued by Space Florida, or used to purchase
  672  credit support to permit such borrowings. However, the debt is
  673  not a general obligation of the state. The state covenants with
  674  holders of the revenue bonds or other instruments of
  675  indebtedness issued pursuant to this subsection that the state
  676  will not repeal, impair, or amend this subsection in any manner
  677  that materially or adversely affects the rights of holders if
  678  the bonds authorized by this subsection are outstanding. The
  679  proceeds of any bonds or other indebtedness secured by a pledge
  680  of the funding, after payment of costs of issuance and
  681  establishment of any required reserves, must be invested in
  682  projects approved by the department and included in the
  683  department’s adopted work program, by amendment if necessary.
  684  Any revenues that are not pledged to the repayment of bonds as
  685  authorized by this subsection may be used for other eligible
  686  projects. This revenue source is in addition to any amounts
  687  provided for and appropriated in accordance with subsection (4).
  688  Revenue bonds shall be issued by the Division of Bond Finance at
  689  the request of the department pursuant to the State Bond Act.
  690         Section 8. Subsection (11) is added to section 332.007,
  691  Florida Statutes, to read:
  692         332.007 Administration and financing of aviation and
  693  airport programs and projects; state plan.—
  694         (11) The department may fund strategic airport investment
  695  projects at up to 100 percent of the project’s cost if all the
  696  following criteria are met:
  697         (a) Important access and on-airport capacity improvements
  698  are provided.
  699         (b) Capital improvements that strategically position the
  700  state to maximize opportunities in international trade,
  701  logistics, and the aviation industry are provided.
  702         (c)Goals of an integrated intermodal transportation system
  703  for the state are achieved.
  704         (d) Feasibility and availability of matching funds through
  705  federal, local, or private partners are demonstrated.
  706         Section 9. Subsection (16) of section 334.044, Florida
  707  Statutes, is amended to read:
  708         334.044 Department; powers and duties.—The department shall
  709  have the following general powers and duties:
  710         (16) To plan, acquire, lease, construct, maintain, and
  711  operate toll facilities; to authorize the issuance and refunding
  712  of bonds; and to fix and collect tolls or other charges for
  713  travel on any such facilities. Effective July 1, 2013, and
  714  notwithstanding any other law to the contrary, the department
  715  may not enter into a lease-purchase agreement with an expressway
  716  authority, regional transportation authority, or other entity.
  717  This provision does not invalidate a lease-purchase agreement
  718  authorized under chapter 348 or chapter 2000-411, Laws of
  719  Florida, and existing as of July 1, 2013, and does not limit the
  720  department’s authority under s. 334.30.
  721         Section 10. Subsection (13) of section 337.11, Florida
  722  Statutes, is amended to read:
  723         337.11 Contracting authority of department; bids; emergency
  724  repairs, supplemental agreements, and change orders; combined
  725  design and construction contracts; progress payments; records;
  726  requirements of vehicle registration.—
  727         (13) Each contract let by the department for the
  728  performance of road or bridge construction or maintenance work
  729  shall require contain a provision requiring the contractor to
  730  provide proof to the department, in the form of a notarized
  731  affidavit from the contractor, that all motor vehicles that the
  732  contractor he or she operates or causes to be operated in this
  733  state to be are registered in compliance with chapter 320.
  734         Section 11. Subsection (1) of section 337.14, Florida
  735  Statutes, is amended to read:
  736         337.14 Application for qualification; certificate of
  737  qualification; restrictions; request for hearing.—
  738         (1) A Any person who desires desiring to bid for the
  739  performance of any construction contract with a proposed budget
  740  estimate in excess of $250,000 which the department proposes to
  741  let must first be certified by the department as qualified
  742  pursuant to this section and rules of the department. The rules
  743  of the department must shall address the qualification of a
  744  person persons to bid on construction contracts with a proposed
  745  budget estimate that is in excess of $250,000 and must shall
  746  include requirements with respect to the equipment, past record,
  747  experience, financial resources, and organizational personnel of
  748  the applicant necessary to perform the specific class of work
  749  for which the person seeks certification. The department may
  750  limit the dollar amount of any contract upon which a person is
  751  qualified to bid or the aggregate total dollar volume of
  752  contracts such person may is allowed to have under contract at
  753  any one time. Each applicant who seeks seeking qualification to
  754  bid on construction contracts with a proposed budget estimate in
  755  excess of $250,000 must shall furnish the department a statement
  756  under oath, on such forms as the department may prescribe,
  757  setting forth detailed information as required on the
  758  application. Each application for certification must shall be
  759  accompanied by the latest annual financial statement of the
  760  applicant completed within the last 12 months. If the
  761  application or the annual financial statement shows the
  762  financial condition of the applicant more than 4 months before
  763  prior to the date on which the application is received by the
  764  department, then an interim financial statement must be
  765  submitted and be accompanied by an updated application. The
  766  interim financial statement must cover the period from the end
  767  date of the annual statement and must show the financial
  768  condition of the applicant no more than 4 months before prior to
  769  the date the interim financial statement is received by the
  770  department. However, upon request by the applicant, an
  771  application and accompanying annual or interim financial
  772  statement received by the department within 15 days after either
  773  4-month period provided pursuant to under this subsection must
  774  shall be considered timely. Each required annual or interim
  775  financial statement must be audited and accompanied by the
  776  opinion of a certified public accountant. An applicant desiring
  777  to bid exclusively for the performance of construction contracts
  778  with proposed budget estimates of less than $1 million may
  779  submit reviewed annual or reviewed interim financial statements
  780  prepared by a certified public accountant. The information
  781  required by this subsection is confidential and exempt from the
  782  provisions of s. 119.07(1). The department shall act upon the
  783  application for qualification within 30 days after the
  784  department determines that the application is complete. The
  785  department may waive the requirements of this subsection for
  786  projects having a contract price of $500,000 or less if the
  787  department determines that the project is of a noncritical
  788  nature and the waiver will not endanger public health, safety,
  789  or property.
  790         Section 12. Subsection (2) of section 337.168, Florida
  791  Statutes, is amended to read:
  792         337.168 Confidentiality of official estimates, identities
  793  of potential bidders, and bid analysis and monitoring system.—
  794         (2) A document that reveals revealing the identity of a
  795  person who has persons who have requested or obtained a bid
  796  package, plan packages, plans, or specifications pertaining to
  797  any project to be let by the department is confidential and
  798  exempt from the provisions of s. 119.07(1) for the period that
  799  which begins 2 working days before prior to the deadline for
  800  obtaining bid packages, plans, or specifications and ends with
  801  the letting of the bid. A document that reveals the identity of
  802  a person who has requested or obtained a bid package, plan, or
  803  specifications pertaining to any project to be let by the
  804  department before the 2 working days before the deadline for
  805  obtaining bid packages, plans, or specifications remains a
  806  public record subject to the provisions of s. 119.07(1).
  807         Section 13. Subsection (2) of section 337.251, Florida
  808  Statutes, is amended to read:
  809         337.251 Lease of property for joint public-private
  810  development and areas above or below department property.—
  811         (2) The department may request proposals for the lease of
  812  such property or, if the department receives a proposal for to
  813  negotiate a lease of a particular department property that the
  814  department desires to consider, the department must it shall
  815  publish a notice in a newspaper of general circulation at least
  816  once a week for 2 weeks, stating that it has received the
  817  proposal and will accept, for 120 60 days after the date of
  818  publication, other proposals for lease of the particular
  819  property use of the space. A copy of the notice must be mailed
  820  to each local government in the affected area. The department
  821  shall, by rule, establish an application fee for the submission
  822  of proposals pursuant to this section. The fee must be
  823  sufficient to pay the anticipated costs of evaluating the
  824  proposals. The department may engage the services of private
  825  consultants to assist in the evaluation. Before approval, the
  826  department must determine that the proposed lease:
  827         (a) Is in the public’s best interest;
  828         (b) Does not require state funds to be used; and
  829         (c) Has adequate safeguards in place to ensure that no
  830  additional costs are borne and no service disruptions are
  831  experienced by the traveling public and residents of the state
  832  in the event of default by the private lessee or upon
  833  termination or expiration of the lease.
  834         Section 14. Section 337.408, Florida Statutes, is amended
  835  to read:
  836         337.408 Regulation of bus stops, benches, transit shelters,
  837  street light poles, parking meters, parking spaces, waste
  838  disposal receptacles, and modular news racks within rights-of
  839  way.—
  840         (1) Benches or transit shelters, including advertising
  841  displayed on benches or transit shelters, may be installed
  842  within the right-of-way limits of any municipal, county, or
  843  state road, except a limited access highway, provided that the
  844  such benches or transit shelters are for the comfort or
  845  convenience of the general public or are at designated stops on
  846  official bus routes and provided that written authorization has
  847  been given to a qualified private supplier of the such service
  848  by the municipal government within whose incorporated limits the
  849  such benches or transit shelters are installed or by the county
  850  government within whose unincorporated limits the such benches
  851  or transit shelters are installed. A municipality or county may
  852  authorize the installation, without public bid, of benches and
  853  transit shelters together with advertising displayed thereon
  854  within the right-of-way limits of the such roads. All
  855  installations must shall be in compliance with all applicable
  856  laws and rules, including, without limitation, the Americans
  857  with Disabilities Act. Municipalities and counties that
  858  authorize or have authorized a bench or transit shelter to be
  859  installed within the right-of-way limits of any road on the
  860  State Highway System are shall be responsible for ensuring that
  861  the bench or transit shelter complies with all applicable laws
  862  and rules, including, without limitation, the Americans with
  863  Disabilities Act, or shall remove the bench or transit shelter.
  864  The department is not liable shall have no liability for any
  865  claims, losses, costs, charges, expenses, damages, liabilities,
  866  attorney fees, or court costs relating to the installation,
  867  removal, or relocation of any benches or transit shelters
  868  authorized by a municipality or county. On and after July 1,
  869  2012, a municipality or county that authorizes a bench or
  870  transit shelter to be installed within the right-of-way limits
  871  of any road on the State Highway System must require the
  872  qualified private supplier, or any other person under contract
  873  to install the bench or transit shelter, to indemnify, defend,
  874  and hold harmless the department from any suits, actions,
  875  proceedings, claims, losses, costs, charges, expenses, damages,
  876  liabilities, attorney fees, and court costs relating to the
  877  installation, removal, or relocation of such installations, and
  878  shall annually certify to the department in a notarized signed
  879  statement that this requirement has been met. The certification
  880  must shall include the name and address of each person
  881  responsible for indemnifying the department for an authorized
  882  installation. Municipalities and counties that have authorized
  883  the installation of benches or transit shelters within the
  884  right-of-way limits of any road on the State Highway System must
  885  remove or relocate, or cause the removal or relocation of, the
  886  installation at no cost to the department within 60 days after
  887  written notice by the department that the installation is
  888  unreasonably interfering in any way with the convenient, safe,
  889  or continuous use of or the maintenance, improvement, extension,
  890  or expansion of the State Highway System road. Any contract for
  891  the installation of benches or transit shelters or advertising
  892  on benches or transit shelters which was entered into before
  893  April 8, 1992, without public bidding is ratified and affirmed.
  894  The such benches or transit shelters may not interfere with
  895  right-of-way preservation and maintenance. Any bench or transit
  896  shelter located on a sidewalk within the right-of-way limits of
  897  any road on the State Highway System or the county road system
  898  must shall be located so as to leave at least 36 inches of
  899  clearance for pedestrians and persons in wheelchairs. The Such
  900  clearance must shall be measured in a direction perpendicular to
  901  the centerline of the road.
  902         (2) Waste disposal receptacles of less than 110 gallons in
  903  capacity, including advertising displayed on such waste disposal
  904  receptacles, may be installed within the right-of-way limits of
  905  any municipal, county, or state road, except a limited access
  906  highway, provided that written authorization has been given to a
  907  qualified private supplier of the such service by the
  908  appropriate municipal or county government. A municipality or
  909  county may authorize the installation, without public bid, of
  910  waste disposal receptacles together with advertising displayed
  911  thereon within the right-of-way limits of such roads. The Such
  912  waste disposal receptacles may not interfere with right-of-way
  913  preservation and maintenance.
  914         (3) Modular news racks, including advertising thereon, may
  915  be located within the right-of-way limits of any municipal,
  916  county, or state road, except a limited access highway, provided
  917  the municipal government within whose incorporated limits the
  918  such racks are installed or the county government within whose
  919  unincorporated limits the such racks are installed has passed an
  920  ordinance regulating the placement of modular news racks within
  921  the right-of-way and has authorized a qualified private supplier
  922  of modular news racks to provide such service. The modular news
  923  rack or advertising thereon must shall not exceed a height of 56
  924  inches or a total advertising space of 56 square feet. No later
  925  than 45 days before the prior to installation of modular news
  926  racks, the private supplier shall provide a map of proposed
  927  locations and typical installation plans to the department for
  928  approval. If the department does not respond within 45 days
  929  after receipt of the submitted plans, installation may proceed.
  930         (4) The department may has the authority to direct the
  931  immediate relocation or removal of any bus stop, bench, transit
  932  shelter, waste disposal receptacle, public pay telephone, or
  933  modular news rack that endangers life or property or that is
  934  otherwise not in compliance with applicable laws and rules,
  935  except that transit bus benches that were placed in service
  936  before April 1, 1992, are not required to comply with bench size
  937  and advertising display size requirements established by the
  938  department before March 1, 1992. The department may adopt rules
  939  relating to the regulation of bench size and advertising display
  940  size requirements. If a municipality or county within which a
  941  bench is to be located has adopted an ordinance or other
  942  applicable regulation that establishes bench size or advertising
  943  display sign requirements different from requirements specified
  944  in department rule, the local government requirement applies
  945  within the respective municipality or county. Placement of a any
  946  bench or advertising display on the National Highway System
  947  under a local ordinance or regulation adopted under this
  948  subsection is subject to approval of the Federal Highway
  949  Administration.
  950         (5) A bus stop, bench, transit shelter, waste disposal
  951  receptacle, public pay telephone, or modular news rack, or
  952  advertising thereon, may not be erected or placed on the right
  953  of-way of any road in a manner that conflicts with the
  954  requirements of federal law, regulations, or safety standards,
  955  thereby causing the state or any political subdivision the loss
  956  of federal funds. Competition among persons seeking to provide
  957  bus stop, bench, transit shelter, waste disposal receptacle,
  958  public pay telephone, or modular news rack services or
  959  advertising on such benches, shelters, receptacles, public pay
  960  telephone, or news racks may be regulated, restricted, or denied
  961  by the appropriate local governmental government entity
  962  consistent with this section.
  963         (6) Street light poles, including attached public service
  964  messages and advertisements, may be located within the right-of
  965  way limits of municipal and county roads in the same manner as
  966  benches, transit shelters, waste disposal receptacles, and
  967  modular news racks as provided in this section and in accordance
  968  with municipal and county ordinances. Public service messages
  969  and advertisements may be installed on street light poles on
  970  roads on the State Highway System in accordance with height,
  971  size, setback, spacing distance, duration of display, safety,
  972  traffic control, and permitting requirements established by
  973  administrative rule of the Department of Transportation. Public
  974  service messages and advertisements are shall be subject to
  975  bilateral agreements, where applicable, to be negotiated with
  976  the owner of the street light poles, which must shall consider,
  977  among other things, power source rates, design, safety,
  978  operational and maintenance concerns, and other matters of
  979  public importance. For the purposes of this section, the term
  980  “street light poles” does not include electric transmission or
  981  distribution poles. The department may shall have authority to
  982  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
  983  the provisions of this section. No Advertising on light poles is
  984  not shall be permitted on the Interstate Highway System. No
  985  Permanent structures that carry carrying advertisements attached
  986  to light poles are not shall be permitted on the National
  987  Highway System.
  988         (7) A public pay telephone, including advertising displayed
  989  thereon, may be installed within the right-of-way limits of any
  990  municipal, county, or state road, except on a limited access
  991  highway, if the pay telephone is installed by a provider duly
  992  certificated authorized and regulated by the Public Service
  993  Commission under s. 364.3375, if the pay telephone is operated
  994  in accordance with the all applicable state and federal
  995  telecommunications regulations, and if written authorization has
  996  been given to a public pay telephone provider by the appropriate
  997  municipal or county government. Each advertisement must be
  998  limited to a size no greater than 8 square feet, and a public
  999  pay telephone booth may not display more than three
 1000  advertisements at any given time. An advertisement is not
 1001  allowed on public pay telephones located in rest areas, welcome
 1002  centers, or other such facilities located on an interstate
 1003  highway.
 1004         (8) Parking meters or other time-limit parking devices that
 1005  regulate designated parking spaces located within the right-of
 1006  way limits of a state road may be installed if permitted by the
 1007  department. Each county and municipality shall promptly remit to
 1008  the department 50 percent of the revenue generated from the fees
 1009  collected by a parking meter or other time-limit parking device
 1010  installed or already existing within the right-of-way limits of
 1011  a state road that is under the department’s jurisdiction. Funds
 1012  received by the department must be deposited into the State
 1013  Transportation Trust Fund and used in accordance with s. 339.08.
 1014         (9) If Wherever the provisions of this section are
 1015  inconsistent with other provisions of this chapter or with the
 1016  provisions of chapter 125, chapter 335, chapter 336, or chapter
 1017  479, the provisions of this section shall prevail.
 1018         Section 15. Subsection (5) of section 338.161, Florida
 1019  Statutes, is amended to read:
 1020         338.161 Authority of department or toll agencies to
 1021  advertise and promote electronic toll collection; expanded uses
 1022  of electronic toll collection system; authority of department to
 1023  collect tolls, fares, and fees for private and public entities.—
 1024         (5) If the department finds that it can increase nontoll
 1025  revenues or add convenience or other value for its customers,
 1026  and if a public or private transportation facility owner agrees
 1027  that its facility will become interoperable with the
 1028  department’s electronic toll collection and video billing
 1029  systems, the department may is authorized to enter into an
 1030  agreement with the owner of such facility under which the
 1031  department uses private or public entities for the department’s
 1032  use of its electronic toll collection and video billing systems
 1033  to collect and enforce for the owner tolls, fares,
 1034  administrative fees, and other applicable charges due imposed in
 1035  connection with use of the owner’s facility transportation
 1036  facilities of the private or public entities that become
 1037  interoperable with the department’s electronic toll collection
 1038  system. The department may modify its rules regarding toll
 1039  collection procedures and the imposition of administrative
 1040  charges to be applicable to toll facilities that are not part of
 1041  the turnpike system or otherwise owned by the department. This
 1042  subsection may not be construed to limit the authority of the
 1043  department under any other provision of law or under any
 1044  agreement entered into before prior to July 1, 2012.
 1045         Section 16. Subsection (4) of section 338.165, Florida
 1046  Statutes, is amended to read:
 1047         338.165 Continuation of tolls.—
 1048         (4) Notwithstanding any other law to the contrary, pursuant
 1049  to s. 11, Art. VII of the State Constitution, and subject to the
 1050  requirements of subsection (2), the Department of Transportation
 1051  may request the Division of Bond Finance to issue bonds secured
 1052  by toll revenues collected on the Alligator Alley, the Sunshine
 1053  Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
 1054  and the Pinellas Bayway to fund transportation projects located
 1055  within the county or counties in which the revenue-producing
 1056  project is located and contained in the adopted work program of
 1057  the department.
 1058         Section 17. Subsections (3) and (4) of section 338.26,
 1059  Florida Statutes, are amended to read:
 1060         338.26 Alligator Alley toll road.—
 1061         (3) Fees generated from tolls shall be deposited in the
 1062  State Transportation Trust Fund, and any amount of funds
 1063  generated annually in excess of that required to reimburse
 1064  outstanding contractual obligations, to operate and maintain the
 1065  highway and toll facilities, including reconstruction and
 1066  restoration, to pay for those projects that are funded with
 1067  Alligator Alley toll revenues and that are contained in the
 1068  1993-1994 adopted work program or the 1994-1995 tentative work
 1069  program submitted to the Legislature on February 22, 1994, and
 1070  to design and construct develop and operate a fire station at
 1071  mile marker 63 on Alligator Alley, which may be used by Collier
 1072  County or other appropriate local governmental entity to provide
 1073  fire, rescue, and emergency management services to the adjacent
 1074  counties along Alligator Alley, may be transferred to the
 1075  Everglades Fund of the South Florida Water Management District
 1076  in accordance with the memorandum of understanding of June 30,
 1077  1997, between the district and the department. The South Florida
 1078  Water Management District shall deposit funds for projects
 1079  undertaken pursuant to s. 373.4592 in the Everglades Trust Fund
 1080  pursuant to s. 373.45926(4)(a). Any funds remaining in the
 1081  Everglades Fund may be used for environmental projects to
 1082  restore the natural values of the Everglades, subject to
 1083  compliance with any applicable federal laws and regulations.
 1084  Projects must shall be limited to:
 1085         (a) Highway redesign to allow for improved sheet flow of
 1086  water across the southern Everglades.
 1087         (b) Water conveyance projects to enable more water
 1088  resources to reach Florida Bay to replenish marine estuary
 1089  functions.
 1090         (c) Engineering design plans for wastewater treatment
 1091  facilities as recommended in the Water Quality Protection
 1092  Program Document for the Florida Keys National Marine Sanctuary.
 1093         (d) Acquisition of lands to move STA 3/4 out of the Toe of
 1094  the Boot, provided such lands are located within 1 mile of the
 1095  northern border of STA 3/4.
 1096         (e) Other Everglades Construction Projects as described in
 1097  the February 15, 1994, conceptual design document.
 1098         (4) The district may issue revenue bonds or notes under s.
 1099  373.584 and pledge the revenue from the transfers from the
 1100  Alligator Alley toll revenues as security for such bonds or
 1101  notes. The proceeds from such revenue bonds or notes shall be
 1102  used for environmental projects; at least 50 percent of said
 1103  proceeds must be used for projects that benefit Florida Bay, as
 1104  described in this section subject to resolutions approving such
 1105  activity by the Board of Trustees of the Internal Improvement
 1106  Trust Fund and the governing board of the South Florida Water
 1107  Management District and the remaining proceeds must be used for
 1108  restoration activities in the Everglades Protection Area.
 1109         Section 18. Subsections (2) through (4) of section 339.175,
 1110  Florida Statutes, are amended to read:
 1111         339.175 Metropolitan planning organization.—
 1112         (2) DESIGNATION.—
 1113         (a)1. An M.P.O. shall be designated for each urbanized area
 1114  of the state; however, this does not require that an individual
 1115  M.P.O. be designated for each such area. The M.P.O. Such
 1116  designation shall be accomplished by agreement between the
 1117  Governor and units of general-purpose local government that
 1118  together represent representing at least 75 percent of the
 1119  population, including the largest incorporated municipality,
 1120  based on population, of the urbanized area; however, the unit of
 1121  general-purpose local government that represents the central
 1122  city or cities within the M.P.O. jurisdiction, as named defined
 1123  by the United States Bureau of the Census, must be a party to
 1124  such agreement.
 1125         2. To the extent possible, only one M.P.O. shall be
 1126  designated for each urbanized area or group of contiguous
 1127  urbanized areas. More than one M.P.O. may be designated within
 1128  an existing urbanized area only if the Governor and the existing
 1129  M.P.O. determine that the size and complexity of the existing
 1130  urbanized area makes the designation of more than one M.P.O. for
 1131  the area appropriate.
 1132         (b) Each M.P.O. designated in a manner prescribed by Title
 1133  23 of the United States Code shall be created and operated under
 1134  the provisions of this section pursuant to an interlocal
 1135  agreement entered into pursuant to s. 163.01. The signatories to
 1136  the interlocal agreement shall be the department and the
 1137  governmental entities designated by the Governor for membership
 1138  on the M.P.O. Each M.P.O. shall be considered separate from the
 1139  state or the governing body of a local government that is
 1140  represented on the governing board of the M.P.O. or that is a
 1141  signatory to the interlocal agreement creating the M.P.O. and
 1142  shall have such powers and privileges that are provided under s.
 1143  163.01. If there is a conflict between this section and s.
 1144  163.01, this section prevails.
 1145         (c) The jurisdictional boundaries of an M.P.O. shall be
 1146  determined by agreement between the Governor and the applicable
 1147  M.P.O. The boundaries must include at least the metropolitan
 1148  planning area, which is the existing urbanized area and the
 1149  contiguous area expected to become urbanized within a 20-year
 1150  forecast period, and may encompass the entire metropolitan
 1151  statistical area or the consolidated metropolitan statistical
 1152  area.
 1153         (d) In the case of an urbanized area designated as a
 1154  nonattainment area for ozone or carbon monoxide under the Clean
 1155  Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
 1156  metropolitan planning area in existence as of the date of
 1157  enactment of this paragraph shall be retained, except that the
 1158  boundaries may be adjusted by agreement of the Governor and
 1159  affected metropolitan planning organizations in the manner
 1160  described in this section. If more than one M.P.O. has authority
 1161  within a metropolitan area or an area that is designated as a
 1162  nonattainment area, each M.P.O. shall consult with other
 1163  M.P.O.’s designated for such area and with the state in the
 1164  coordination of plans and programs required by this section.
 1165         (e) The governing body of the M.P.O. shall designate, at a
 1166  minimum, a chair, vice chair, and agency clerk. The chair and
 1167  vice chair shall be selected from among the member delegates
 1168  comprising the governing board. The agency clerk shall be
 1169  charged with the responsibility of preparing meeting minutes and
 1170  maintaining agency records. The clerk shall be a member of the
 1171  M.P.O. governing board, an employee of the M.P.O., or other
 1172  natural person.
 1173  
 1174  Each M.P.O. required under this section must be fully operative
 1175  no later than 6 months following its designation.
 1176         (3) VOTING MEMBERSHIP.—
 1177         (a) The voting membership of an M.P.O. shall consist of not
 1178  fewer than 5 or more than 19 apportioned members, the exact
 1179  number to be determined on an equitable geographic-population
 1180  ratio basis by the Governor, based on an agreement among the
 1181  affected units of general-purpose local government and the
 1182  Governor as required by federal rules and regulations. The
 1183  voting membership of an M.P.O. that is redesignated after the
 1184  effective date of this act as a result of the expansion of the
 1185  M.P.O. to include a new urbanized area or the consolidation of
 1186  two or more M.P.O.’s within a single urbanized area may consist
 1187  of no more than 25 members. The Governor, in accordance with 23
 1188  U.S.C. s. 134, may also provide for M.P.O. members who represent
 1189  municipalities to alternate with representatives from other
 1190  municipalities within the metropolitan planning area that do not
 1191  have members on the M.P.O. County commission members shall
 1192  compose not less than one-third of the M.P.O. membership, except
 1193  for an M.P.O. with more than 15 members located in a county with
 1194  a 5-member county commission or an M.P.O. with 19 members
 1195  located in a county with no more than 6 county commissioners, in
 1196  which case county commission members may compose less than one
 1197  third percent of the M.P.O. membership, but all county
 1198  commissioners must be members. All voting members shall be
 1199  elected officials of general-purpose local governments, except
 1200  that an M.P.O. may include, as part of its apportioned voting
 1201  members, a member of a statutorily authorized planning board, an
 1202  official of an agency that operates or administers a major mode
 1203  of transportation, or an official of Space Florida. As used in
 1204  this section, the term “elected officials of a general-purpose
 1205  local government” excludes shall exclude constitutional
 1206  officers, including sheriffs, tax collectors, supervisors of
 1207  elections, property appraisers, clerks of the court, and similar
 1208  types of officials. County commissioners shall compose not less
 1209  than 20 percent of the M.P.O. membership if an official of an
 1210  agency that operates or administers a major mode of
 1211  transportation has been appointed to an M.P.O.
 1212         (b) In metropolitan areas in which authorities or other
 1213  agencies have been or may be created by law to perform
 1214  transportation functions and are performing transportation
 1215  functions that are not under the jurisdiction of a general
 1216  purpose local government represented on the M.P.O., they may
 1217  shall be provided voting membership on the M.P.O. In all other
 1218  M.P.O.’s where transportation authorities or agencies are to be
 1219  represented by elected officials from general-purpose local
 1220  governments, the M.P.O. shall establish a process by which the
 1221  collective interests of such authorities or other agencies are
 1222  expressed and conveyed.
 1223         (c) Any other provision of this section to the contrary
 1224  notwithstanding, a chartered county with a population of more
 1225  than over 1 million population may elect to reapportion the
 1226  membership of an M.P.O. whose jurisdiction is wholly within the
 1227  county. The charter county may exercise the provisions of this
 1228  paragraph if:
 1229         1. The M.P.O. approves the reapportionment plan by a three
 1230  fourths vote of its membership;
 1231         2. The M.P.O. and the charter county determine that the
 1232  reapportionment plan is needed to fulfill specific goals and
 1233  policies applicable to that metropolitan planning area; and
 1234         3. The charter county determines the reapportionment plan
 1235  otherwise complies with all federal requirements pertaining to
 1236  M.P.O. membership.
 1237  
 1238  A Any charter county that elects to exercise the provisions of
 1239  this paragraph shall notify the Governor in writing.
 1240         (d) Any other provision of this section to the contrary
 1241  notwithstanding, a any county chartered under s. 6(e), Art. VIII
 1242  of the State Constitution may elect to have its county
 1243  commission serve as the M.P.O., if the M.P.O. jurisdiction is
 1244  wholly contained within the county. A Any charter county that
 1245  elects to exercise the provisions of this paragraph shall so
 1246  notify the Governor in writing. Upon receipt of the such
 1247  notification, the Governor must designate the county commission
 1248  as the M.P.O. The Governor must appoint four additional voting
 1249  members to the M.P.O., one of whom must be an elected official
 1250  representing a municipality within the county, one of whom must
 1251  be an expressway authority member, one of whom must be a person
 1252  who does not hold elected public office and who resides in the
 1253  unincorporated portion of the county, and one of whom must be a
 1254  school board member.
 1255         (4) APPORTIONMENT.—
 1256         (a) Each M.P.O. in the state shall review the composition
 1257  of its membership in conjunction with the decennial census, as
 1258  prepared by the United States Department of Commerce, Bureau of
 1259  the Census, and, with the agreement of the affected units of
 1260  general-purpose local government, reapportion the membership as
 1261  necessary to comply with subsection (3) The Governor shall, with
 1262  the agreement of the affected units of general-purpose local
 1263  government as required by federal rules and regulations,
 1264  apportion the membership on the applicable M.P.O. among the
 1265  various governmental entities within the area.
 1266         (b) At the request of a majority of the affected units of
 1267  general-purpose local government comprising an M.P.O., the
 1268  Governor and a majority of units of general-purpose local
 1269  government serving on an M.P.O. shall cooperatively agree upon
 1270  and prescribe who may serve as an alternate member and a method
 1271  for appointing alternate members who may vote at any M.P.O.
 1272  meeting that an alternate member attends in place of a regular
 1273  member. The method must shall be set forth as a part of the
 1274  interlocal agreement describing the M.P.O.’s membership or in
 1275  the M.P.O.’s operating procedures and bylaws. The governmental
 1276  entity so designated shall appoint the appropriate number of
 1277  members to the M.P.O. from eligible officials. Representatives
 1278  of the department shall serve as nonvoting advisers to the
 1279  M.P.O. governing board. Additional nonvoting advisers may be
 1280  appointed by the M.P.O. as deemed necessary; however, to the
 1281  maximum extent feasible, each M.P.O. shall seek to appoint
 1282  nonvoting representatives of various multimodal forms of
 1283  transportation not otherwise represented by voting members of
 1284  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 1285  representing major military installations located within the
 1286  jurisdictional boundaries of the M.P.O. upon the request of the
 1287  aforesaid major military installations and subject to the
 1288  agreement of the M.P.O. All nonvoting advisers may attend and
 1289  participate fully in governing board meetings but may not vote
 1290  or be members of the governing board. The Governor shall review
 1291  the composition of the M.P.O. membership in conjunction with the
 1292  decennial census as prepared by the United States Department of
 1293  Commerce, Bureau of the Census, and reapportion it as necessary
 1294  to comply with subsection (3).
 1295         (c)(b) Except for members who represent municipalities on
 1296  the basis of alternating with representatives from other
 1297  municipalities that do not have members on the M.P.O. as
 1298  provided in paragraph (3)(a), the members of an M.P.O. shall
 1299  serve 4-year terms. Members who represent municipalities on the
 1300  basis of alternating with representatives from other
 1301  municipalities that do not have members on the M.P.O. as
 1302  provided in paragraph (3)(a) may serve terms of up to 4 years as
 1303  further provided in the interlocal agreement described in
 1304  paragraph (2)(b). The membership of a member who is a public
 1305  official automatically terminates upon the member’s leaving his
 1306  or her elective or appointive office for any reason, or may be
 1307  terminated by a majority vote of the total membership of the
 1308  entity’s governing board represented by the member. A vacancy
 1309  shall be filled by the original appointing entity. A member may
 1310  be reappointed for one or more additional 4-year terms.
 1311         (d)(c) If a governmental entity fails to fill an assigned
 1312  appointment to an M.P.O. within 60 days after notification by
 1313  the Governor of its duty to appoint, that appointment must shall
 1314  be made by the Governor from the eligible representatives of
 1315  that governmental entity.
 1316         Section 19. Paragraph (a) of subsection (1) and subsections
 1317  (4) and (5) of section 339.2821, Florida Statutes, are amended
 1318  to read:
 1319         339.2821 Economic development transportation projects.—
 1320         (1)(a) The department, in consultation with the Department
 1321  of Economic Opportunity and Enterprise Florida, Inc., may make
 1322  and approve expenditures and contract with the appropriate
 1323  governmental body for the direct costs of transportation
 1324  projects. The Department of Economic Opportunity and the
 1325  Department of Environmental Protection may formally review and
 1326  comment on recommended transportation projects, although the
 1327  department has final approval authority for any project
 1328  authorized under this section.
 1329         (4) A contract between the department and a governmental
 1330  body for a transportation project must:
 1331         (a) Specify that the transportation project is for the
 1332  construction of a new or expanding business and specify the
 1333  number of full-time permanent jobs that will result from the
 1334  project.
 1335         (b) Identify the governmental body and require that the
 1336  governmental body award the construction of the particular
 1337  transportation project to the lowest and best bidder in
 1338  accordance with applicable state and federal statutes or rules
 1339  unless the transportation project can be constructed using
 1340  existing local governmental employees within the contract period
 1341  specified by the department.
 1342         (c) Require that the governmental body provide the
 1343  department with quarterly progress reports. Each quarterly
 1344  progress report must contain:
 1345         1. A narrative description of the work completed and
 1346  whether the work is proceeding according to the transportation
 1347  project schedule;
 1348         2. A description of each change order executed by the
 1349  governmental body;
 1350         3. A budget summary detailing planned expenditures compared
 1351  to actual expenditures; and
 1352         4. The identity of each small or minority business used as
 1353  a contractor or subcontractor.
 1354         (d) Require that the governmental body make and maintain
 1355  records in accordance with accepted governmental accounting
 1356  principles and practices for each progress payment made for work
 1357  performed in connection with the transportation project, each
 1358  change order executed by the governmental body, and each payment
 1359  made pursuant to a change order. The records are subject to
 1360  financial audit as required by law.
 1361         (e) Require that the governmental body, upon completion and
 1362  acceptance of the transportation project, certify to the
 1363  department that the transportation project has been completed in
 1364  compliance with the terms and conditions of the contract between
 1365  the department and the governmental body and meets the minimum
 1366  construction standards established in accordance with s.
 1367  336.045.
 1368         (f) Specify that the department transfer funds will not be
 1369  transferred to the governmental body unless construction has
 1370  begun on the facility of the not more often than quarterly, upon
 1371  receipt of a request for funds from the governmental body and
 1372  consistent with the needs of the transportation project. The
 1373  governmental body shall expend funds received from the
 1374  department in a timely manner. The department may not transfer
 1375  funds unless construction has begun on the facility of a
 1376  business on whose behalf the award was made. If construction of
 1377  the transportation project does not begin within 4 years after
 1378  the date of the initial grant award, the grant award is
 1379  terminated A contract totaling less than $200,000 is exempt from
 1380  the transfer requirement.
 1381         (g) Require that funds be used only on a transportation
 1382  project that has been properly reviewed and approved in
 1383  accordance with the criteria set forth in this section.
 1384         (h) Require that the governing board of the governmental
 1385  body adopt a resolution accepting future maintenance and other
 1386  attendant costs occurring after completion of the transportation
 1387  project if the transportation project is constructed on a county
 1388  or municipal system.
 1389         (5) For purposes of this section, Space Florida may serve
 1390  as the governmental body or as the contracting agency for a
 1391  transportation project within a spaceport territory as defined
 1392  by s. 331.304.
 1393         Section 20. Paragraphs (a) and (c) of subsection (2) and
 1394  paragraph (i) of subsection (7) of section 339.55, Florida
 1395  Statutes, are amended to read:
 1396         339.55 State-funded infrastructure bank.—
 1397         (2) The bank may lend capital costs or provide credit
 1398  enhancements for:
 1399         (a) A transportation facility project that is on the State
 1400  Highway System or that provides for increased mobility on the
 1401  state’s transportation system or provides intermodal
 1402  connectivity with airports, seaports, spaceports, rail
 1403  facilities, and other transportation terminals, pursuant to s.
 1404  341.053, for the movement of people and goods.
 1405         (c)1. Emergency loans for damages incurred to public-use
 1406  commercial deepwater seaports, public-use airports, public-use
 1407  spaceports, and other public-use transit and intermodal
 1408  facilities that are within an area that is part of an official
 1409  state declaration of emergency pursuant to chapter 252 and all
 1410  other applicable laws. Such loans:
 1411         a. May not exceed 24 months in duration except in extreme
 1412  circumstances, for which the Secretary of Transportation may
 1413  grant up to 36 months upon making written findings specifying
 1414  the conditions requiring a 36-month term.
 1415         b. Require application from the recipient to the department
 1416  that includes documentation of damage claims filed with the
 1417  Federal Emergency Management Agency or an applicable insurance
 1418  carrier and documentation of the recipient’s overall financial
 1419  condition.
 1420         c. Are subject to approval by the Secretary of
 1421  Transportation and the Legislative Budget Commission.
 1422         2. Loans provided under this paragraph must be repaid upon
 1423  receipt by the recipient of eligible program funding for damages
 1424  in accordance with the claims filed with the Federal Emergency
 1425  Management Agency or an applicable insurance carrier, but no
 1426  later than the duration of the loan.
 1427         (7) The department may consider, but is not limited to, the
 1428  following criteria for evaluation of projects for assistance
 1429  from the bank:
 1430         (i) The extent to which the project will provide for
 1431  connectivity between the State Highway System and airports,
 1432  seaports, spaceports, rail facilities, and other transportation
 1433  terminals and intermodal options pursuant to s. 341.053 for the
 1434  increased accessibility and movement of people and goods.
 1435         Section 21. Subsection (11) of section 341.031, Florida
 1436  Statutes, is amended to read:
 1437         341.031 Definitions relating to Florida Public Transit
 1438  Act.—As used in ss. 341.011-341.061, the term:
 1439         (11) “Intercity bus service” means regularly scheduled bus
 1440  service for the general public which operates with limited stops
 1441  over fixed routes connecting two or more urban areas not in
 1442  close proximity; has the capacity for transporting baggage
 1443  carried by passengers; and makes meaningful connections with
 1444  scheduled intercity bus service to more distant points, if such
 1445  service is available; maintains scheduled information in the
 1446  National Official Bus Guide; and provides package express
 1447  service incidental to passenger transportation.
 1448         Section 22. Section 341.053, Florida Statutes, is amended
 1449  to read:
 1450         341.053 Intermodal Development Program; administration;
 1451  eligible projects; limitations.—
 1452         (1) There is created within the Department of
 1453  Transportation an Intermodal Development Program to provide for
 1454  major capital investments in fixed-guideway transportation
 1455  systems, access to seaports, airports, spaceports, and other
 1456  transportation terminals, providing for the construction of
 1457  intermodal or multimodal terminals; and to plan or fund
 1458  construction of airport, spaceport, seaport, transit, and rail
 1459  projects that otherwise facilitate the intermodal or multimodal
 1460  movement of people and goods.
 1461         (2) The Intermodal Development Program shall be used for
 1462  projects that support statewide goals as outlined in the Florida
 1463  Transportation Plan, the Strategic Intermodal System Plan, the
 1464  Freight Mobility and Trade Plan, or the appropriate department
 1465  modal plan In recognition of the department’s role in the
 1466  economic development of this state, the department shall develop
 1467  a proposed intermodal development plan to connect Florida’s
 1468  airports, deepwater seaports, rail systems serving both
 1469  passenger and freight, and major intermodal connectors to the
 1470  Strategic Intermodal System highway corridors as the primary
 1471  system for the movement of people and freight in this state in
 1472  order to make the intermodal development plan a fully integrated
 1473  and interconnected system. The intermodal development plan must:
 1474         (a) Define and assess the state’s freight intermodal
 1475  network, including airports, seaports, rail lines and terminals,
 1476  intercity bus lines and terminals, and connecting highways.
 1477         (b) Prioritize statewide infrastructure investments,
 1478  including the acceleration of current projects, which are found
 1479  by the Freight Stakeholders Task Force to be priority projects
 1480  for the efficient movement of people and freight.
 1481         (c) Be developed in a manner that will assure maximum use
 1482  of existing facilities and optimum integration and coordination
 1483  of the various modes of transportation, including both
 1484  government-owned and privately owned resources, in the most
 1485  cost-effective manner possible.
 1486         (3) The Intermodal Development Program shall be
 1487  administered by the department.
 1488         (4) The department shall review funding requests from a
 1489  rail authority created pursuant to chapter 343. The department
 1490  may include projects of the authorities, including planning and
 1491  design, in the tentative work program.
 1492         (5) No single transportation authority operating a fixed
 1493  guideway transportation system, or single fixed-guideway
 1494  transportation system not administered by a transportation
 1495  authority, receiving funds under the Intermodal Development
 1496  Program shall receive more than 33 1/3 percent of the total
 1497  intermodal development funds appropriated between July 1, 1990,
 1498  and June 30, 2015. In determining the distribution of funds
 1499  under the Intermodal Development Program in any fiscal year, the
 1500  department shall assume that future appropriation levels will be
 1501  equal to the current appropriation level.
 1502         (6) The department may is authorized to fund projects
 1503  within the Intermodal Development Program, which are consistent,
 1504  to the maximum extent feasible, with approved local government
 1505  comprehensive plans of the units of local government in which
 1506  the project is located. Projects that are eligible for funding
 1507  under this program include planning studies, major capital
 1508  investments in public rail and fixed-guideway transportation or
 1509  freight facilities and systems which provide intermodal access;
 1510  road, rail, intercity bus service, or fixed-guideway access to,
 1511  from, or between seaports, airports, spaceports, intermodal
 1512  logistics centers, and other transportation terminals;
 1513  construction of intermodal or multimodal terminals, including
 1514  projects on airports, spaceports, intermodal logistics centers,
 1515  or seaports which assist in the movement or transfer of people
 1516  or goods; development and construction of dedicated bus lanes;
 1517  and projects which otherwise facilitate the intermodal or
 1518  multimodal movement of people and goods.
 1519         Section 23. Subsection (17) of section 341.302, Florida
 1520  Statutes, is amended to read:
 1521         341.302 Rail program; duties and responsibilities of the
 1522  department.—The department, in conjunction with other
 1523  governmental entities, including the rail enterprise and the
 1524  private sector, shall develop and implement a rail program of
 1525  statewide application designed to ensure the proper maintenance,
 1526  safety, revitalization, and expansion of the rail system to
 1527  assure its continued and increased availability to respond to
 1528  statewide mobility needs. Within the resources provided pursuant
 1529  to chapter 216, and as authorized under federal law, the
 1530  department shall:
 1531         (17) In conjunction with the acquisition, ownership,
 1532  construction, operation, maintenance, and management of a rail
 1533  corridor, have the authority to:
 1534         (a) Assume obligations pursuant to the following:
 1535         1.a. The department may assume the obligation by contract
 1536  to forever protect, defend, indemnify, and hold harmless the
 1537  freight rail operator, or its successors, from whom the
 1538  department has acquired a real property interest in the rail
 1539  corridor, and that freight rail operator’s officers, agents, and
 1540  employees, from and against any liability, cost, and expense,
 1541  including, but not limited to, commuter rail passengers and rail
 1542  corridor invitees in the rail corridor, regardless of whether
 1543  the loss, damage, destruction, injury, or death giving rise to
 1544  any such liability, cost, or expense is caused in whole or in
 1545  part, and to whatever nature or degree, by the fault, failure,
 1546  negligence, misconduct, nonfeasance, or misfeasance of such
 1547  freight rail operator, its successors, or its officers, agents,
 1548  and employees, or any other person or persons whomsoever; or
 1549         b. The department may assume the obligation by contract to
 1550  forever protect, defend, indemnify, and hold harmless National
 1551  Railroad Passenger Corporation, or its successors, and officers,
 1552  agents, and employees of National Railroad Passenger
 1553  Corporation, from and against any liability, cost, and expense,
 1554  including, but not limited to, commuter rail passengers and rail
 1555  corridor invitees in the rail corridor, regardless of whether
 1556  the loss, damage, destruction, injury, or death giving rise to
 1557  any such liability, cost, or expense is caused in whole or in
 1558  part, and to whatever nature or degree, by the fault, failure,
 1559  negligence, misconduct, nonfeasance, or misfeasance of National
 1560  Railroad Passenger Corporation, its successors, or its officers,
 1561  agents, and employees, or any other person or persons
 1562  whomsoever.
 1563         2. The assumption of liability of the department by
 1564  contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
 1565  1.b. may not in any instance exceed the following parameters of
 1566  allocation of risk:
 1567         a. The department may be solely responsible for any loss,
 1568  injury, or damage to commuter rail passengers, or rail corridor
 1569  invitees, or trespassers, regardless of circumstances or cause,
 1570  subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
 1571  6.
 1572         b.(I) In the event of a limited covered accident, the
 1573  authority of the department to protect, defend, and indemnify
 1574  the freight operator for all liability, cost, and expense,
 1575  including punitive or exemplary damages, in excess of the
 1576  deductible or self-insurance retention fund established under
 1577  paragraph (b) and actually in force at the time of the limited
 1578  covered accident exists only if the freight operator agrees,
 1579  with respect to the limited covered accident, to protect,
 1580  defend, and indemnify the department for the amount of the
 1581  deductible or self-insurance retention fund established under
 1582  paragraph (b) and actually in force at the time of the limited
 1583  covered accident.
 1584         (II) In the event of a limited covered accident, the
 1585  authority of the department to protect, defend, and indemnify
 1586  National Railroad Passenger Corporation for all liability, cost,
 1587  and expense, including punitive or exemplary damages, in excess
 1588  of the deductible or self-insurance retention fund established
 1589  under paragraph (b) and actually in force at the time of the
 1590  limited covered accident exists only if National Railroad
 1591  Passenger Corporation agrees, with respect to the limited
 1592  covered accident, to protect, defend, and indemnify the
 1593  department for the amount of the deductible or self-insurance
 1594  retention fund established under paragraph (b) and actually in
 1595  force at the time of the limited covered accident.
 1596         3. If When only one train is involved in an incident, the
 1597  department may be solely responsible for any loss, injury, or
 1598  damage if the train is a department train or other train
 1599  pursuant to subparagraph 4., but only if:
 1600         a. If When an incident occurs with only a freight train
 1601  involved, including incidents with trespassers or at grade
 1602  crossings, the freight rail operator is solely responsible for
 1603  any loss, injury, or damage, except for commuter rail passengers
 1604  and rail corridor invitees; or
 1605         b. If When an incident occurs with only a National Railroad
 1606  Passenger Corporation train involved, including incidents with
 1607  trespassers or at grade crossings, National Railroad Passenger
 1608  Corporation is solely responsible for any loss, injury, or
 1609  damage, except for commuter rail passengers and rail corridor
 1610  invitees.
 1611         4. For the purposes of this subsection:
 1612         a. A Any train involved in an incident which that is not
 1613  neither the department’s train or nor the freight rail
 1614  operator’s train, hereinafter referred to in this subsection as
 1615  an “other train,” may be treated as a department train, solely
 1616  for purposes of any allocation of liability between the
 1617  department and the freight rail operator only, but only if the
 1618  department and the freight rail operator share responsibility
 1619  equally as to third parties outside the rail corridor who incur
 1620  loss, injury, or damage as a result of any incident involving
 1621  both a department train and a freight rail operator train, and
 1622  the allocation as between the department and the freight rail
 1623  operator, regardless of whether the other train is treated as a
 1624  department train, shall remain one-half each as to third parties
 1625  outside the rail corridor who incur loss, injury, or damage as a
 1626  result of the incident. The involvement of any other train does
 1627  shall not alter the sharing of equal responsibility as to third
 1628  parties outside the rail corridor who incur loss, injury, or
 1629  damage as a result of the incident; or
 1630         b. A Any train involved in an incident that is not neither
 1631  the department’s train or nor the National Railroad Passenger
 1632  Corporation’s train, hereinafter referred to in this subsection
 1633  as an “other train,” may be treated as a department train,
 1634  solely for purposes of any allocation of liability between the
 1635  department and National Railroad Passenger Corporation only, but
 1636  only if the department and National Railroad Passenger
 1637  Corporation share responsibility equally as to third parties
 1638  outside the rail corridor who incur loss, injury, or damage as a
 1639  result of any incident involving both a department train and a
 1640  National Railroad Passenger Corporation train, and the
 1641  allocation as between the department and National Railroad
 1642  Passenger Corporation, regardless of whether the other train is
 1643  treated as a department train, shall remain one-half each as to
 1644  third parties outside the rail corridor who incur loss, injury,
 1645  or damage as a result of the incident. The involvement of any
 1646  other train does shall not alter the sharing of equal
 1647  responsibility as to third parties outside the rail corridor who
 1648  incur loss, injury, or damage as a result of the incident.
 1649         5. If When more than one train is involved in an incident:
 1650         a.(I) If only a department train and freight rail
 1651  operator’s train, or only an other train as described in sub
 1652  subparagraph 4.a. and a freight rail operator’s train, are
 1653  involved in an incident, the department may be responsible for
 1654  its property and all of its people, all commuter rail
 1655  passengers, and rail corridor invitees, but only if the freight
 1656  rail operator is responsible for its property and all of its
 1657  people, and the department and the freight rail operator each
 1658  share one-half responsibility as to trespassers or third parties
 1659  outside the rail corridor who incur loss, injury, or damage as a
 1660  result of the incident; or
 1661         (II) If only a department train and a National Railroad
 1662  Passenger Corporation train, or only an other train as described
 1663  in sub-subparagraph 4.b. and a National Railroad Passenger
 1664  Corporation train, are involved in an incident, the department
 1665  may be responsible for its property and all of its people, all
 1666  commuter rail passengers, and rail corridor invitees, but only
 1667  if National Railroad Passenger Corporation is responsible for
 1668  its property and all of its people, all National Railroad
 1669  Passenger Corporation’s rail passengers, and the department and
 1670  National Railroad Passenger Corporation each share one-half
 1671  responsibility as to trespassers or third parties outside the
 1672  rail corridor who incur loss, injury, or damage as a result of
 1673  the incident.
 1674         b.(I) If a department train, a freight rail operator train,
 1675  and any other train are involved in an incident, the allocation
 1676  of liability between the department and the freight rail
 1677  operator, regardless of whether the other train is treated as a
 1678  department train, shall remain one-half each as to third parties
 1679  outside the rail corridor who incur loss, injury, or damage as a
 1680  result of the incident; the involvement of any other train does
 1681  shall not alter the sharing of equal responsibility as to third
 1682  parties outside the rail corridor who incur loss, injury, or
 1683  damage as a result of the incident; and, if the owner, operator,
 1684  or insurer of the other train makes any payment to injured third
 1685  parties outside the rail corridor who incur loss, injury, or
 1686  damage as a result of the incident, the allocation of credit
 1687  between the department and the freight rail operator as to such
 1688  payment does shall not in any case reduce the freight rail
 1689  operator’s third-party-sharing allocation of one-half under this
 1690  paragraph to less than one-third of the total third party
 1691  liability; or
 1692         (II) If a department train, a National Railroad Passenger
 1693  Corporation train, and any other train are involved in an
 1694  incident, the allocation of liability between the department and
 1695  National Railroad Passenger Corporation, regardless of whether
 1696  the other train is treated as a department train, shall remain
 1697  one-half each as to third parties outside the rail corridor who
 1698  incur loss, injury, or damage as a result of the incident; the
 1699  involvement of any other train does shall not alter the sharing
 1700  of equal responsibility as to third parties outside the rail
 1701  corridor who incur loss, injury, or damage as a result of the
 1702  incident; and, if the owner, operator, or insurer of the other
 1703  train makes any payment to injured third parties outside the
 1704  rail corridor who incur loss, injury, or damage as a result of
 1705  the incident, the allocation of credit between the department
 1706  and National Railroad Passenger Corporation as to such payment
 1707  does shall not in any case reduce National Railroad Passenger
 1708  Corporation’s third-party-sharing allocation of one-half under
 1709  this sub-subparagraph to less than one-third of the total third
 1710  party liability.
 1711         6. Any such contractual duty to protect, defend, indemnify,
 1712  and hold harmless such a freight rail operator or National
 1713  Railroad Passenger Corporation shall expressly include a
 1714  specific cap on the amount of the contractual duty, which amount
 1715  may shall not exceed $200 million without prior legislative
 1716  approval, and the department to purchase liability insurance and
 1717  establish a self-insurance retention fund in the amount of the
 1718  specific cap established under this subparagraph, provided that:
 1719         a. A No such contractual duty may not shall in any case be
 1720  effective or nor otherwise extend the department’s liability in
 1721  scope and effect beyond the contractual liability insurance and
 1722  self-insurance retention fund required pursuant to this
 1723  paragraph; and
 1724         b.(I) The freight rail operator’s compensation to the
 1725  department for future use of the department’s rail corridor
 1726  shall include a monetary contribution to the cost of such
 1727  liability coverage for the sole benefit of the freight rail
 1728  operator.
 1729         (II) National Railroad Passenger Corporation’s compensation
 1730  to the department for future use of the department’s rail
 1731  corridor shall include a monetary contribution to the cost of
 1732  such liability coverage for the sole benefit of National
 1733  Railroad Passenger Corporation.
 1734         (b) Purchase liability insurance, which amount may shall
 1735  not exceed $200 million, and establish a self-insurance
 1736  retention fund for the purpose of paying the deductible limit
 1737  established in the insurance policies it may obtain, including
 1738  coverage for the department, any freight rail operator as
 1739  described in paragraph (a), National Railroad Passenger
 1740  Corporation, commuter rail service providers, governmental
 1741  entities, or any ancillary development, which self-insurance
 1742  retention fund or deductible may shall not exceed $10 million.
 1743  The insureds shall pay a reasonable monetary contribution to the
 1744  cost of such liability coverage for the sole benefit of the
 1745  insured. Such insurance and self-insurance retention fund may
 1746  provide coverage for all damages, including, but not limited to,
 1747  compensatory, special, and exemplary, and be maintained to
 1748  provide an adequate fund to cover claims and liabilities for
 1749  loss, injury, or damage arising out of or connected with the
 1750  ownership, operation, maintenance, and management of a rail
 1751  corridor.
 1752         (c) Incur expenses for the purchase of advertisements,
 1753  marketing, and promotional items.
 1754         (d) Undertake any ancillary development that the department
 1755  determines to be appropriate as a source of revenue for the
 1756  establishment, construction, operation, or maintenance of any
 1757  rail corridor owned by the state. The ancillary development must
 1758  be consistent, to the extent feasible, with applicable local
 1759  government comprehensive plans and local land development
 1760  regulations and otherwise be in compliance with ss. 341.302
 1761  341.303.
 1762  
 1763  Neither The assumption by contract to protect, defend,
 1764  indemnify, and hold harmless; the purchase of insurance; or nor
 1765  the establishment of a self-insurance retention fund may not
 1766  shall be deemed to be a waiver of any defense of sovereign
 1767  immunity for torts nor deemed to increase the limits of the
 1768  department’s or the governmental entity’s liability for torts as
 1769  provided in s. 768.28. The requirements of s. 287.022(1) do
 1770  shall not apply to the purchase of any insurance under this
 1771  subsection. The provisions of this subsection shall apply and
 1772  inure fully as to any other governmental entity providing
 1773  commuter rail service and constructing, operating, maintaining,
 1774  or managing a rail corridor on publicly owned right-of-way under
 1775  contract by the governmental entity with the department or a
 1776  governmental entity designated by the department.
 1777  Notwithstanding any law to the contrary, procurement for the
 1778  construction, operation, maintenance, and management of any rail
 1779  corridor described in this subsection, whether by the
 1780  department, a governmental entity under contract with the
 1781  department, or a governmental entity designated by the
 1782  department, must shall be pursuant to s. 287.057 and must shall
 1783  include, but not be limited to, criteria for the consideration
 1784  of qualifications, technical aspects of the proposal, and price.
 1785  Further, a any such contract for design-build shall be procured
 1786  pursuant to the criteria in s. 337.11(7).
 1787         Section 24. Paragraph (d) of subsection (3) of section
 1788  343.82, Florida Statutes, is amended to read:
 1789         343.82 Purposes and powers.—
 1790         (3)
 1791         (d) The authority may undertake projects or other
 1792  improvements in the master plan in phases as particular projects
 1793  or segments thereof become feasible, as determined by the
 1794  authority. In carrying out its purposes and powers, the
 1795  authority may request funding and technical assistance from the
 1796  department and appropriate federal and local agencies,
 1797  including, but not limited to, state infrastructure bank loans,
 1798  advances from the Toll Facilities Revolving Trust Fund, and from
 1799  any other sources.
 1800         Section 25. Subsection (4) of section 343.922, Florida
 1801  Statutes, is amended to read:
 1802         343.922 Powers and duties.—
 1803         (4) The authority may undertake projects or other
 1804  improvements in the master plan in phases as particular projects
 1805  or segments become feasible, as determined by the authority. The
 1806  authority shall coordinate project planning, development, and
 1807  implementation with the applicable local governments. The
 1808  authority’s projects that are transportation oriented shall be
 1809  consistent to the maximum extent feasible with the adopted local
 1810  government comprehensive plans at the time they are funded for
 1811  construction. Authority projects that are not transportation
 1812  oriented and meet the definition of development pursuant to s.
 1813  380.04 shall be consistent with the local comprehensive plans.
 1814  In carrying out its purposes and powers, the authority may
 1815  request funding and technical assistance from the department and
 1816  appropriate federal and local agencies, including, but not
 1817  limited to, state infrastructure bank loans, advances from the
 1818  Toll Facilities Revolving Trust Fund, and funding and technical
 1819  assistance from any other source.
 1820         Section 26. Chapter 345, Florida Statutes, consisting of
 1821  sections 345.0001, 345.0002, 345.0003, 345.0004, 345.0005,
 1822  345.0006, 345.0007, 345.0008, 345.0009, 345.0010, 345.0011,
 1823  345.0012, 345.0013, 345.0014, 345.0015, 345.0016, and 345.0017,
 1824  is created to read:
 1825         345.0001 Short title.—This act may be cited as the “Florida
 1826  Regional Tollway Authority Act.”
 1827         345.0002Definitions.—As used in this chapter, the term:
 1828         (1)“Agency of the state” means the state and any
 1829  department of, or any corporation, agency, or instrumentality
 1830  heretofore or hereafter created, designated, or established by,
 1831  the state.
 1832         (2)“Area served” means the geographical area of the
 1833  counties for which an authority is established.
 1834         (3)“Authority” means a regional tollway authority, a body
 1835  politic and corporate, and an agency of the state, established
 1836  pursuant to the Florida Regional Tollway Authority Act.
 1837         (4)“Bonds” means the notes, bonds, refunding bonds, or
 1838  other evidences of indebtedness or obligations, in temporary or
 1839  definitive form, which an authority may issue pursuant to this
 1840  act.
 1841         (5)“Department” means the Department of Transportation of
 1842  Florida and any successor thereto.
 1843         (6)“Division” means the Division of Bond Finance of the
 1844  State Board of Administration.
 1845         (7)“Federal agency” means the United States, the President
 1846  of the United States, and any department of, or any bureau,
 1847  corporation, agency, or instrumentality heretofore or hereafter
 1848  created, designated, or established by, the United States.
 1849         (8)“Members” means the governing body of an authority, and
 1850  the term “member” means one of the individuals constituting such
 1851  governing body.
 1852         (9)“Regional system” or “system” means, generally, a
 1853  modern tolled highway system of roads, bridges, causeways, and
 1854  tunnels within any area of the authority, with access limited or
 1855  unlimited as an authority may determine, and the buildings and
 1856  structures and appurtenances and facilities related to the
 1857  system, including all approaches, streets, roads, bridges, and
 1858  avenues of access for the system.
 1859         (10)“Revenues” means the tolls, revenues, rates, fees,
 1860  charges, receipts, rentals, contributions, and other income
 1861  derived from or in connection with the operation or ownership of
 1862  a regional system, including the proceeds of any use and
 1863  occupancy insurance on any portion of the system but excluding
 1864  state funds available to an authority and any other municipal or
 1865  county funds available to an authority under an agreement with a
 1866  municipality or county.
 1867         345.0003Tollway authority; formation; membership.
 1868         (1) A county, or two or more contiguous counties, may,
 1869  after the approval of the Legislature, form a regional tollway
 1870  authority for the purposes of constructing, maintaining, and
 1871  operating transportation projects in a region of this state. An
 1872  authority shall be governed in accordance with the provisions of
 1873  this chapter. An authority may not be created without the
 1874  approval of the Legislature and the approval of the county
 1875  commission of each county that will be a part of the authority.
 1876  An authority may not be created to serve a particular area of
 1877  this state as provided by this subsection if a regional tollway
 1878  authority has been created and is operating within all or a
 1879  portion of the same area served pursuant to an act of the
 1880  Legislature. Each authority shall be the only authority created
 1881  and operating pursuant to this chapter within the area served by
 1882  the authority.
 1883         (2) The governing body of an authority shall consist of a
 1884  board of voting members as follows:
 1885         (a)The county commission of each county in the area served
 1886  by the authority shall each appoint a member who must be a
 1887  resident of the county from which he or she is appointed. If
 1888  possible, the member must represent the business and civic
 1889  interests of the community.
 1890         (b)The Governor shall appoint an equal number of members
 1891  to the board as those appointed by the county commissions. The
 1892  members appointed by the Governor must be residents of the area
 1893  served by the authority.
 1894         (c)The secretary of the Department of Transportation shall
 1895  appoint one of the district secretaries, or his or her designee,
 1896  for the districts within which the area served by the authority
 1897  is located.
 1898         (3) The term of office of each member shall be for 4 years
 1899  or until his or her successor is appointed and qualified.
 1900         (4) A member may not hold an elected office.
 1901         (5)A vacancy occurring in the governing body before the
 1902  expiration of the member’s term shall be filled by the
 1903  respective appointing authority in the same manner as the
 1904  original appointment and only for the balance of the unexpired
 1905  term.
 1906         (6)Each member, before entering upon his or her official
 1907  duties, must take and subscribe to an oath before an official
 1908  authorized by law to administer oaths that he or she will
 1909  honestly, faithfully, and impartially perform the duties
 1910  devolving upon him or her in office as a member of the governing
 1911  body of the authority and that he or she will not neglect any
 1912  duties imposed upon him or her by this chapter.
 1913         (7) A member of an authority may be removed from office by
 1914  the Governor for misconduct, malfeasance, misfeasance, or
 1915  nonfeasance in office.
 1916         (8)The members of the authority shall designate one of its
 1917  members as chair.
 1918         (9)The members of the authority shall serve without
 1919  compensation, but shall be entitled to reimbursement for per
 1920  diem and other expenses in accordance with s. 112.061 while in
 1921  performance of their duties.
 1922         (10)A majority of the members of the authority constitutes
 1923  a quorum, and resolutions enacted or adopted by a vote of a
 1924  majority of the members present and voting at any meeting become
 1925  effective without publication, posting, or any further action of
 1926  the authority.
 1927         345.0004Powers and duties.
 1928         (1)(a)An authority created and established, or governed,
 1929  by the Florida Regional Tollway Authority Act shall plan,
 1930  develop, finance, construct, reconstruct, improve, own, operate,
 1931  and maintain a regional system in the area served by the
 1932  authority.
 1933         (b)An authority may not exercise the powers in paragraph
 1934  (a) with respect to an existing system for transporting people
 1935  and goods by any means that is owned by another entity without
 1936  the consent of that entity. If an authority acquires, purchases,
 1937  or inherits an existing entity, the authority shall also inherit
 1938  and assume all rights, assets, appropriations, privileges, and
 1939  obligations of the existing entity.
 1940         (2)Each authority may exercise all powers necessary,
 1941  appurtenant, convenient, or incidental to the carrying out of
 1942  the purposes of this section, including, but not limited to, the
 1943  following rights and powers:
 1944         (a)To sue and be sued, implead and be impleaded, and
 1945  complain and defend in all courts in its own name.
 1946         (b)To adopt and use a corporate seal.
 1947         (c)To have the power of eminent domain, including the
 1948  procedural powers granted under chapters 73 and 74.
 1949         (d)To acquire, purchase, hold, lease as a lessee, and use
 1950  any property, real, personal, or mixed, tangible or intangible,
 1951  or any interest therein, necessary or desirable for carrying out
 1952  the purposes of the authority.
 1953         (e)To sell, convey, exchange, lease, or otherwise dispose
 1954  of any real or personal property acquired by the authority,
 1955  including air rights.
 1956         (f)To fix, alter, charge, establish, and collect rates,
 1957  fees, rentals, and other charges for the use of any system owned
 1958  or operated by the authority, which rates, fees, rentals, and
 1959  other charges must always be sufficient to comply with any
 1960  covenants made with the holders of any bonds issued pursuant to
 1961  this act; however, such right and power may be assigned or
 1962  delegated by the authority to the department.
 1963         (g)To borrow money, make and issue negotiable notes,
 1964  bonds, refunding bonds, and other evidences of indebtedness or
 1965  obligations, in temporary or definitive form, for the purpose of
 1966  financing all or part of the improvement of the authority’s
 1967  system and appurtenant facilities, including the approaches,
 1968  streets, roads, bridges, and avenues of access for the system
 1969  and for any other purpose authorized by this chapter, the bonds
 1970  to mature in not exceeding 30 years after the date of the
 1971  issuance thereof, and to secure the payment of such bonds or any
 1972  part thereof by a pledge of its revenues, rates, fees, rentals,
 1973  or other charges, including municipal or county funds received
 1974  by the authority pursuant to the terms of an agreement between
 1975  the authority and a municipality or county; and, in general, to
 1976  provide for the security of the bonds and the rights and
 1977  remedies of the holders of the bonds; however, municipal or
 1978  county funds may not be pledged for the construction of a
 1979  project for which a toll is to be charged unless the anticipated
 1980  tolls are reasonably estimated by the governing board of the
 1981  municipality or county, at the date of its resolution pledging
 1982  said funds, to be sufficient to cover the principal and interest
 1983  of such obligations during the period when the pledge of funds
 1984  is in effect.
 1985         1.An authority shall reimburse a municipality or county
 1986  for sums expended from municipal or county funds used for the
 1987  payment of the bond obligations.
 1988         2.If an authority determines to fund or refund any bonds
 1989  issued by the authority before the maturity of the bonds, the
 1990  proceeds of the funding or refunding bonds shall, pending the
 1991  prior redemption of the bonds to be funded or refunded, be
 1992  invested in direct obligations of the United States, and the
 1993  outstanding bonds may be funded or refunded by the issuance of
 1994  bonds pursuant to this chapter.
 1995         (h)To make contracts of every name and nature, including,
 1996  but not limited to, partnerships providing for participation in
 1997  ownership and revenues, and to execute each instrument necessary
 1998  or convenient for the conduct of its business.
 1999         (i)Without limitation of the foregoing, to cooperate with,
 2000  to borrow money and accept grants from, and to enter into
 2001  contracts or other transactions with any federal agency, the
 2002  state, or any agency or any other public body of the state.
 2003         (j)To employ an executive director, attorney, staff, and
 2004  consultants. Upon the request of an authority, the department
 2005  shall furnish the services of a department employee to act as
 2006  the executive director of the authority.
 2007         (k)To enter into joint development agreements.
 2008         (l)To accept funds or other property from private
 2009  donations.
 2010         (m)To do all acts and things necessary or convenient for
 2011  the conduct of its business and the general welfare of the
 2012  authority, in order to carry out the powers granted to it by
 2013  this act or any other law.
 2014         (3)An authority does not have the power at any time or in
 2015  any manner to pledge the credit or taxing power of the state or
 2016  any political subdivision or agency thereof. Obligations of the
 2017  authority may not be deemed to be obligations of the state or of
 2018  any other political subdivision or agency thereof. The state or
 2019  any political subdivision or agency thereof, except the
 2020  authority, is not liable for the payment of the principal of or
 2021  interest on such obligations.
 2022         (4)An authority has no power, other than by consent of the
 2023  affected county or an affected municipality, to enter into an
 2024  agreement that would legally prohibit the construction of a road
 2025  by the county or the municipality.
 2026         (5) An authority formed pursuant to this chapter shall
 2027  comply with the statutory requirements of general application
 2028  which relate to the filing of a report or documentation required
 2029  by law, including the requirements of ss. 189.4085, 189.415,
 2030  189.417, and 189.418.
 2031         345.0005Bonds.
 2032         (1)(a)Bonds may be issued on behalf of an authority
 2033  pursuant to the State Bond Act.
 2034         (b)An authority may also issue bonds in such principal
 2035  amount as is necessary, in the opinion of the authority, to
 2036  provide sufficient moneys for achieving its corporate purposes,
 2037  including construction, reconstruction, improvement, extension,
 2038  repair, maintenance and operation of the system, the cost of
 2039  acquisition of all real property, interest on bonds during
 2040  construction and for a reasonable period thereafter,
 2041  establishment of reserves to secure bonds, and other
 2042  expenditures of the authority incident, and necessary or
 2043  convenient, to carry out its corporate purposes and powers.
 2044         (2)(a)Bonds issued by an authority pursuant to paragraph
 2045  (1)(a) or paragraph (1)(b) must be authorized by resolution of
 2046  the members of the authority and must bear such date or dates;
 2047  mature at such time or times, not exceeding 30 years after their
 2048  respective dates; bear interest at such rate or rates, not
 2049  exceeding the maximum rate fixed by general law for authorities;
 2050  be in such denominations; be in such form, either coupon or
 2051  fully registered; carry such registration, exchangeability and
 2052  interchangeability privileges; be payable in such medium of
 2053  payment and at such place or places; be subject to such terms of
 2054  redemption; and be entitled to such priorities of lien on the
 2055  revenues and other available moneys as such resolution or any
 2056  resolution subsequent to the bonds’ issuance may provide. The
 2057  bonds must be executed by manual or facsimile signature by such
 2058  officers as the authority shall determine, provided that such
 2059  bonds bear at least one signature that is manually executed on
 2060  the bond. The coupons attached to the bonds must bear the
 2061  facsimile signature or signatures of the officer or officers as
 2062  shall be designated by the authority. The bonds must have the
 2063  seal of the authority affixed, imprinted, reproduced, or
 2064  lithographed thereon.
 2065         (b)Bonds issued pursuant to paragraph (1)(a) or paragraph
 2066  (1)(b) must be sold at public sale in the same manner provided
 2067  in the State Bond Act. Pending the preparation of definitive
 2068  bonds, temporary bonds or interim certificates may be issued to
 2069  the purchaser or purchasers of such bonds and may contain such
 2070  terms and conditions as the authority may determine.
 2071         (3)A resolution that authorizes any bonds may contain
 2072  provisions that must be part of the contract with the holders of
 2073  the bonds, as to:
 2074         (a)The pledging of all or any part of the revenues,
 2075  available municipal or county funds, or other charges or
 2076  receipts of the authority derived from the regional system.
 2077         (b)The construction, reconstruction, improvement,
 2078  extension, repair, maintenance, and operation of the system, or
 2079  any part or parts of the system, and the duties and obligations
 2080  of the authority with reference thereto.
 2081         (c)Limitations on the purposes to which the proceeds of
 2082  the bonds, then or thereafter issued, or of any loan or grant by
 2083  any federal agency or the state or any political subdivision of
 2084  the state may be applied.
 2085         (d)The fixing, charging, establishing, revising,
 2086  increasing, reducing, and collecting of tolls, rates, fees,
 2087  rentals, or other charges for use of the services and facilities
 2088  of the system or any part of the system.
 2089         (e)The setting aside of reserves or of sinking funds and
 2090  the regulation and disposition of the reserves or sinking funds.
 2091         (f)Limitations on the issuance of additional bonds.
 2092         (g)The terms and provisions of any deed of trust or
 2093  indenture securing the bonds, or under which the bonds may be
 2094  issued.
 2095         (h)Any other or additional matters, of like or different
 2096  character, which in any way affect the security or protection of
 2097  the bonds.
 2098         (4)The authority may enter into any deeds of trust,
 2099  indentures, or other agreements with any bank or trust company
 2100  within or without the state, as security for such bonds, and
 2101  may, under such agreements, assign and pledge any of the
 2102  revenues and other available moneys, including any available
 2103  municipal or county funds, pursuant to the terms of this
 2104  chapter. The deed of trust, indenture, or other agreement may
 2105  contain provisions that are customary in such instruments or
 2106  that the authority may authorize, including, but without
 2107  limitation, provisions that:
 2108         (a)Pledge any part of the revenues or other moneys
 2109  lawfully available therefor.
 2110         (b)Apply funds and safeguard funds on hand or on deposit.
 2111         (c)Provide for the rights and remedies of the trustee and
 2112  the holders of the bonds.
 2113         (d)Provide for the terms and provisions of the bonds or
 2114  for resolutions authorizing the issuance of the bonds.
 2115         (e)Provide for any other or additional matters, of like or
 2116  different character, which affect the security or protection of
 2117  the bonds.
 2118         (5)Any bonds issued pursuant to this act are negotiable
 2119  instruments and have all the qualities and incidents of
 2120  negotiable instruments under the law merchant and the negotiable
 2121  instruments law of the state.
 2122         (6) A resolution that authorizes the issuance of authority
 2123  bonds and pledges the revenues of the system must require that
 2124  revenues of the system be periodically deposited into
 2125  appropriate accounts in such sums as are sufficient to pay the
 2126  costs of operation and maintenance of the system for the current
 2127  fiscal year as set forth in the annual budget of the authority
 2128  and to reimburse the department for any unreimbursed costs of
 2129  operation and maintenance of the system from prior fiscal years
 2130  before revenues of the system are deposited into accounts for
 2131  the payment of interest or principal owing or that may become
 2132  owing on such bonds.
 2133         (7) State funds may not be used or pledged to pay the
 2134  principal or interest of any authority bonds, and all such bonds
 2135  must contain a statement on their face to this effect.
 2136         345.0006Remedies of bondholders.
 2137         (1)The rights and the remedies granted to authority
 2138  bondholders under this chapter are in addition to and not in
 2139  limitation of any rights and remedies lawfully granted to such
 2140  bondholders by the resolution or indenture providing for the
 2141  issuance of bonds, or by any deed of trust, indenture, or other
 2142  agreement under which the bonds may be issued or secured. If an
 2143  authority defaults in the payment of the principal of or
 2144  interest on any of the bonds issued pursuant to this chapter
 2145  after such principal of or interest on the bonds becomes due,
 2146  whether at maturity or upon call for redemption, as provided in
 2147  the resolution or indenture, and such default continues for 30
 2148  days, or in the event that the authority fails or refuses to
 2149  comply with the provisions of this chapter or any agreement made
 2150  with, or for the benefit of, the holders of the bonds, the
 2151  holders of 25 percent in aggregate principal amount of the bonds
 2152  then outstanding shall be entitled as of right to the
 2153  appointment of a trustee to represent such bondholders for the
 2154  purposes of the default provided that the holders of 25 percent
 2155  in aggregate principal amount of the bonds then outstanding
 2156  first gave written notice of their intention to appoint a
 2157  trustee, to the authority and to the department.
 2158         (2)The trustee, and any trustee under any deed of trust,
 2159  indenture, or other agreement, may, and upon written request of
 2160  the holders of 25 percent, or such other percentages specified
 2161  in any deed of trust, indenture, or other agreement, in
 2162  principal amount of the bonds then outstanding, shall, in any
 2163  court of competent jurisdiction, in his, her, or its own name:
 2164         (a)By mandamus or other suit, action, or proceeding at
 2165  law, or in equity, enforce all rights of the bondholders,
 2166  including the right to require the authority to fix, establish,
 2167  maintain, collect, and charge rates, fees, rentals, and other
 2168  charges, adequate to carry out any agreement as to, or pledge
 2169  of, the revenues, and to require the authority to carry out any
 2170  other covenants and agreements with or for the benefit of the
 2171  bondholders, and to perform its and their duties under this
 2172  chapter.
 2173         (b)Bring suit upon the bonds.
 2174         (c)By action or suit in equity, require the authority to
 2175  account as if it were the trustee of an express trust for the
 2176  bondholders.
 2177         (d)By action or suit in equity, enjoin any acts or things
 2178  that may be unlawful or in violation of the rights of the
 2179  bondholders.
 2180         (3)A trustee, if appointed pursuant to this section or
 2181  acting under a deed of trust, indenture, or other agreement, and
 2182  whether or not all bonds have been declared due and payable,
 2183  shall be entitled as of right to the appointment of a receiver.
 2184  The receiver may enter upon and take possession of the system or
 2185  the facilities or any part or parts of the system, the revenues
 2186  and other pledged moneys, for and on behalf of and in the name
 2187  of, the authority and the bondholders. The receiver may collect
 2188  and receive all revenues and other pledged moneys in the same
 2189  manner as the authority might do. The receiver shall deposit all
 2190  such revenues and moneys in a separate account and apply all
 2191  such revenues and moneys remaining after allowance for payment
 2192  of all costs of operation and maintenance of the system in such
 2193  manner as the court directs. In a suit, action, or proceeding by
 2194  the trustee, the fees, counsel fees, and expenses of the
 2195  trustee, and said receiver, if any, and all costs and
 2196  disbursements allowed by the court must be a first charge on any
 2197  revenues after payment of the costs of operation and maintenance
 2198  of the system. The trustee also has all other powers necessary
 2199  or appropriate for the exercise of any functions specifically
 2200  set forth in this section or incident to the representation of
 2201  the bondholders in the enforcement and protection of their
 2202  rights.
 2203         (4)This section or any other section of this chapter does
 2204  not authorize a receiver appointed pursuant to this section for
 2205  the purpose of operating and maintaining the system or any
 2206  facilities or parts thereof to sell, assign, mortgage, or
 2207  otherwise dispose of any of the assets belonging to the
 2208  authority. The powers of such receiver are limited to the
 2209  operation and maintenance of the system, or any facility or
 2210  parts thereof and to the collection and application of revenues
 2211  and other moneys due the authority, in the name and for and on
 2212  behalf of the authority and the bondholders, and a holder of
 2213  bonds or any trustee does not have the right in any suit,
 2214  action, or proceeding at law, or in equity, to compel a
 2215  receiver, or any receiver may not be authorized or any court may
 2216  not be empowered to direct the receiver, to sell, assign,
 2217  mortgage, or otherwise dispose of any assets of whatever kind or
 2218  character belonging to the authority.
 2219         345.0007Department to construct, operate, and maintain
 2220  facilities.—
 2221         (1) The department is the agent of each authority for the
 2222  purpose of performing all phases of a project, including, but
 2223  not limited to, constructing improvements and extensions to the
 2224  system. The division and the authority shall provide to the
 2225  department complete copies of the documents, agreements,
 2226  resolutions, contracts, and instruments that relate to the
 2227  project and shall request that the department perform the
 2228  construction work, including the planning, surveying, design,
 2229  and actual construction of the completion, extensions, and
 2230  improvements to the system. After the issuance of bonds to
 2231  finance construction of an improvement or addition to the
 2232  system, the division and the authority shall transfer to the
 2233  credit of an account of the department in the State Treasury the
 2234  necessary funds for construction. The department shall proceed
 2235  with construction and use the funds for the purpose authorized
 2236  and as otherwise provided by law for construction of roads and
 2237  bridges. An authority may alternatively, with the consent and
 2238  approval of the department, elect to appoint a local agency
 2239  certified by the department to administer federal aid projects
 2240  in accordance with federal law as the authority’s agent for the
 2241  purpose of performing each phase of a project.
 2242         (2) Notwithstanding the provisions of subsection (1), the
 2243  department is the agent of each authority for the purpose of
 2244  operating and maintaining the system. The department shall
 2245  operate and maintain the system, and the costs incurred by the
 2246  department for operation and maintenance shall be reimbursed
 2247  from revenues of the system. The appointment of the department
 2248  as agent for each authority does not create an independent
 2249  obligation of the department to operate and maintain a system.
 2250  Each authority shall remain obligated as principal to operate
 2251  and maintain its system, and an authority’s bondholders do not
 2252  have an independent right to compel the department to operate or
 2253  maintain the authority’s system.
 2254         (3)Each authority shall fix, alter, charge, establish, and
 2255  collect tolls, rates, fees, rentals, and other charges for the
 2256  authority’s facilities, as otherwise provided in this chapter.
 2257         345.0008Department contributions to authority projects.—
 2258         (1)The department may, at the request of an authority,
 2259  provide for or contribute to the payment of costs of financial
 2260  or engineering and traffic feasibility studies and the design,
 2261  financing, acquisition, or construction of an authority project
 2262  or system, subject to appropriation by the Legislature.
 2263         (2) The department may use its engineering and other
 2264  personnel, including consulting engineers and traffic engineers,
 2265  to conduct feasibility studies pursuant to subsection (1).
 2266         (3) An obligation or expense incurred by the department
 2267  under this section is a part of the cost of the authority
 2268  project for which the obligation or expense was incurred. The
 2269  department may require money contributed by the department under
 2270  this section to be repaid from tolls of the project on which the
 2271  money was spent, other revenue of the authority, or other
 2272  sources of funds.
 2273         (4)The department shall receive from an authority a share
 2274  of the authority’s net revenues equal to the ratio of the
 2275  department’s total contributions to the authority under this
 2276  section to the sum of: the department’s total contributions
 2277  under this section; contributions by any local government to the
 2278  cost of revenue producing authority projects; and the sale
 2279  proceeds of authority bonds after payment of costs of issuance.
 2280  For the purpose of this subsection, net revenues are gross
 2281  revenues of an authority after payment of debt service,
 2282  administrative expenses, operations and maintenance expenses,
 2283  and all reserves required to be established under any resolution
 2284  under which authority bonds are issued.
 2285         345.0009Acquisition of lands and property.—
 2286         (1)For the purposes of this chapter, an authority may
 2287  acquire private or public property and property rights,
 2288  including rights of access, air, view, and light, by gift,
 2289  devise, purchase, condemnation by eminent domain proceedings, or
 2290  transfer from another political subdivision of the state, as the
 2291  authority may deem necessary for any of the purposes of this
 2292  chapter, including, but not limited to, any lands reasonably
 2293  necessary for securing applicable permits, areas necessary for
 2294  management of access, borrow pits, drainage ditches, water
 2295  retention areas, rest areas, replacement access for landowners
 2296  whose access is impaired due to the construction of a facility,
 2297  and replacement rights-of-way for relocated rail and utility
 2298  facilities; for existing, proposed, or anticipated
 2299  transportation facilities on the system or in a transportation
 2300  corridor designated by the authority; or for the purposes of
 2301  screening, relocation, removal, or disposal of junkyards and
 2302  scrap metal processing facilities. Each authority shall also
 2303  have the power to condemn any material and property necessary
 2304  for such purposes.
 2305         (2)An authority shall exercise the right of eminent domain
 2306  conferred under this section in the manner provided by law.
 2307         (3)If an authority acquires property for a transportation
 2308  facility or in a transportation corridor, it is not subject to
 2309  any liability imposed by chapter 376 or chapter 403 for
 2310  preexisting soil or groundwater contamination due solely to its
 2311  ownership. This section does not affect the rights or
 2312  liabilities of any past or future owners of the acquired
 2313  property or affect the liability of any governmental entity for
 2314  the results of its actions which create or exacerbate a
 2315  pollution source. An authority and the Department of
 2316  Environmental Protection may enter into interagency agreements
 2317  for the performance, funding, and reimbursement of the
 2318  investigative and remedial acts necessary for property acquired
 2319  by the authority.
 2320         345.0010Cooperation with other units, boards, agencies,
 2321  and individuals.—A county, municipality, drainage district, road
 2322  and bridge district, school district, or any other political
 2323  subdivision, board, commission, or individual in, or of, the
 2324  state may make and enter into a contract, lease, conveyance,
 2325  partnership, or other agreement with an authority within the
 2326  provisions and purposes of this chapter. Each authority may make
 2327  and enter into contracts, leases, conveyances, partnerships, and
 2328  other agreements with any political subdivision, agency, or
 2329  instrumentality of the state and any federal agency,
 2330  corporation, and individual, to carry out the purposes of this
 2331  chapter.
 2332         345.0011Covenant of the state.The state pledges to, and
 2333  agrees with, any person, firm, or corporation, or federal or
 2334  state agency subscribing to, or acquiring the bonds to be issued
 2335  by an authority for the purposes of this chapter that the state
 2336  will not limit or alter the rights vested by this chapter in the
 2337  authority and the department until all bonds at any time issued,
 2338  together with the interest thereon, are fully paid and
 2339  discharged insofar as the payment and discharge affect the
 2340  rights of the holders of bonds issued pursuant to this chapter.
 2341  The state further pledges to, and agrees with, the United States
 2342  that if a federal agency constructs or contributes any funds for
 2343  the completion, extension, or improvement of the system, or any
 2344  parts of the system, the state will not alter or limit the
 2345  rights and powers of the authority and the department in any
 2346  manner that is inconsistent with the continued maintenance and
 2347  operation of the system or the completion, extension, or
 2348  improvement of the system, or which would be inconsistent with
 2349  the due performance of any agreements between the authority and
 2350  any such federal agency, and the authority and the department
 2351  shall continue to have and may exercise all powers granted in
 2352  this section, so long as the powers are necessary or desirable
 2353  to carry out the purposes of this chapter and the purposes of
 2354  the United States in the completion, extension, or improvement
 2355  of the system, or any part of the system.
 2356         345.0012Exemption from taxation.The authority created
 2357  under this chapter is for the benefit of the people of the
 2358  state, for the increase of their commerce and prosperity, and
 2359  for the improvement of their health and living conditions, and
 2360  because the authority will be performing essential governmental
 2361  functions pursuant to this chapter, the authority is not
 2362  required to pay any taxes or assessments of any kind or nature
 2363  whatsoever upon any property acquired or used by it for such
 2364  purposes, or upon any rates, fees, rentals, receipts, income, or
 2365  charges received by it, and the bonds issued by the authority,
 2366  their transfer and the income from their issuance, including any
 2367  profits made on the sale of the bonds, shall be free from
 2368  taxation by the state or by any political subdivision, taxing
 2369  agency, or instrumentality of the state. The exemption granted
 2370  by this section does not apply to any tax imposed by chapter 220
 2371  on interest, income, or profits on debt obligations owned by
 2372  corporations.
 2373         345.0013Eligibility for investments and security.Any
 2374  bonds or other obligations issued pursuant to this chapter are
 2375  legal investments for banks, savings banks, trustees, executors,
 2376  administrators, and all other fiduciaries, and for all state,
 2377  municipal, and other public funds and are also securities
 2378  eligible for deposit as security for all state, municipal, or
 2379  other public funds, notwithstanding the provisions of any other
 2380  law to the contrary.
 2381         345.0014Applicability.—
 2382         (1)The powers conferred by this chapter are in addition to
 2383  the powers conferred by other law and do not repeal the
 2384  provisions of any other general or special law or local
 2385  ordinance, but supplement such other laws in the exercise of the
 2386  powers provided in this chapter, and provide a complete method
 2387  for the exercise of the powers granted in this chapter. The
 2388  extension and improvement of a system, and the issuance of bonds
 2389  pursuant to this chapter to finance all or part of the cost
 2390  thereof, may be accomplished upon compliance with the provisions
 2391  of this chapter without regard to or necessity for compliance
 2392  with the provisions, limitations, or restrictions contained in
 2393  any other general, special, or local law, including, but not
 2394  limited to, s. 215.821, and approval of any bonds issued under
 2395  this act by the qualified electors or qualified electors who are
 2396  freeholders in the state or in any political subdivision of the
 2397  state is not required for the issuance of such bonds pursuant to
 2398  this chapter.
 2399         (2)This act does not repeal, rescind, or modify any other
 2400  law or laws relating to the State Board of Administration, the
 2401  Department of Transportation, or the Division of Bond Finance of
 2402  the State Board of Administration, but supersedes any other law
 2403  that is inconsistent with the provisions of this chapter,
 2404  including, but not limited to, s. 215.821.
 2405         345.0015Northwest Florida Regional Tollway Authority.—
 2406         (1) There is hereby created and established a body politic
 2407  and corporate, an agency of the state, to be known as the
 2408  Northwest Florida Regional Tollway Authority, hereinafter
 2409  referred to as the “authority.”
 2410         (2)The area served by the authority shall be Escambia and
 2411  Santa Rosa Counties.
 2412         (3)The purposes and powers of the authority are as
 2413  identified in the Florida Regional Tollway Authority Act for the
 2414  area served by the authority, and the authority operates in the
 2415  manner provided by the Florida Regional Tollway Authority Act.
 2416         345.0016 Okaloosa-Bay Regional Tollway Authority.—
 2417         (1) There is hereby created and established a body politic
 2418  and corporate, an agency of the state, to be known as the
 2419  Okaloosa-Bay Regional Tollway Authority, hereinafter referred to
 2420  as the “authority.”
 2421         (2)The area served by the authority shall be Okaloosa,
 2422  Walton, and Bay Counties.
 2423         (3)The purposes and powers of the authority are as
 2424  identified in the Florida Regional Tollway Authority Act for the
 2425  area served by the authority, and the authority operates in the
 2426  manner provided by the Florida Regional Tollway Authority Act.
 2427         345.0017Suncoast Regional Tollway Authority.—
 2428         (1) There is hereby created and established a body politic
 2429  and corporate, an agency of the state, to be known as the
 2430  Suncoast Regional Tollway Authority, hereinafter referred to as
 2431  the “authority.”
 2432         (2)The area served by the authority shall be Citrus, Levy,
 2433  Marion, and Alachua Counties.
 2434         (3)The purposes and powers of the authority are as
 2435  identified in the Florida Regional Tollway Authority Act for the
 2436  area served by the authority, and the authority operates in the
 2437  manner provided by the Florida Regional Tollway Authority Act.
 2438         Section 27. Transfer to the Okaloosa-Bay Regional Tollway
 2439  Authority.—The governance and control of the Mid-Bay Bridge
 2440  Authority System, created pursuant to chapter 2000-411, Laws of
 2441  Florida, is transferred to the Okaloosa-Bay Regional Tollway
 2442  Authority.
 2443         (1)The assets, facilities, tangible and intangible
 2444  property and any rights in such property, and any other legal
 2445  rights of the bridge authority, including the bridge system
 2446  operated by the authority, are transferred to the regional
 2447  tollway authority. All powers of the bridge authority shall
 2448  succeed to the regional tollway authority, and the operations
 2449  and maintenance of the bridge system shall be under the control
 2450  of the regional tollway authority, pursuant to this section.
 2451  Revenues collected on the bridge system may be considered
 2452  regional tollway authority revenues, and the Mid-Bay Bridge may
 2453  be considered part of the regional tollway authority system, if
 2454  bonds of the bridge authority are not outstanding. The regional
 2455  tollway authority also assumes all liability for bonds of the
 2456  bridge authority pursuant to the provisions of subsection (2).
 2457  The regional tollway authority may review other contracts,
 2458  financial obligations, and contractual obligations and
 2459  liabilities of the bridge authority and may assume legal
 2460  liability for the obligations that are determined to be
 2461  necessary for the continued operation of the bridge system.
 2462         (2)The transfer pursuant to this section is subject to the
 2463  terms and covenants provided for the protection of the holders
 2464  of the Mid-Bay Bridge Authority bonds in the lease-purchase
 2465  agreement and the resolutions adopted in connection with the
 2466  issuance of the bonds. Further, the transfer does not impair the
 2467  terms of the contract between the bridge authority and the
 2468  bondholders, does not act to the detriment of the bondholders,
 2469  and does not diminish the security for the bonds. After the
 2470  transfer, until the bonds of the bridge authority are fully
 2471  defeased or paid in full, the department shall operate and
 2472  maintain the bridge system and any other facilities of the
 2473  authority in accordance with the terms, conditions, and
 2474  covenants contained in the bond resolutions and lease-purchase
 2475  agreement securing the bonds of the bridge authority. The
 2476  Department of Transportation, as the agent of the regional
 2477  tollway authority, shall collect toll revenues and apply them to
 2478  the payment of debt service as provided in the bond resolution
 2479  securing the bonds. The regional tollway authority shall
 2480  expressly assume all obligations relating to the bonds to ensure
 2481  that the transfer will have no adverse impact on the security
 2482  for the bonds of the bridge authority. The transfer does not
 2483  make the obligation to pay the principal and interest on the
 2484  bonds a general liability of the regional tollway authority or
 2485  pledge the regional tollway authority system revenues to payment
 2486  of the bridge authority bonds. Revenues that are generated by
 2487  the bridge system and other facilities of the bridge authority
 2488  and that were pledged by the bridge authority to the payment of
 2489  the bonds remain subject to the pledge for the benefit of the
 2490  bondholders. The transfer does not modify or eliminate any prior
 2491  obligation of the Department of Transportation to pay certain
 2492  costs of the bridge system from sources other than revenues of
 2493  the bridge system. With regard to the bridge authority’s current
 2494  long-term debt of $16.1 million due to the department as of June
 2495  30, 2011, and to the extent permitted by the bond resolutions
 2496  and lease-purchase agreement securing the bonds, the regional
 2497  tollway authority shall make payment annually to the State
 2498  Transportation Trust Fund, for the purpose of repaying the
 2499  bridge authority’s long-term debt due to the department, from
 2500  any bridge system revenues obtained under this section which
 2501  remain after the payment of the costs of operations,
 2502  maintenance, renewal, and replacement of the bridge system; the
 2503  payment of current debt service; and other payments required in
 2504  relation to the bonds. The regional tollway authority shall make
 2505  the annual payments, not to exceed $1 million per year, to the
 2506  State Transportation Trust Fund until all remaining authority
 2507  long-term debt due to the department has been repaid.
 2508         (3) Any remaining toll revenue from the facilities of the
 2509  Mid-Bay Bridge Authority collected by the Okaloosa-Bay Regional
 2510  Tollway Authority after meeting the requirements of subsections
 2511  (1) and (2) shall be used for the construction, maintenance, or
 2512  improvement of any toll facility of the Okaloosa-Bay Regional
 2513  Tollway Authority within the county or counties in which the
 2514  revenue was collected.
 2515         Section 28. Except as otherwise expressly provided in this
 2516  act, this act shall take effect upon becoming a law.