Florida Senate - 2013                             CS for SB 1132
       
       
       
       By the Committee on Community Affairs; and Senator Brandes
       
       
       
       
       578-02811A-13                                         20131132c1
    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 ch. 345, F.S., relating to
    5         the Florida Regional Tollway Authority; deleting
    6         provisions relating to the Florida Statewide Passenger
    7         Rail Commission; amending s. 110.205, F.S.; changing
    8         to the State Freight and Logistics Administrator from
    9         the State Public Transportation and Modal
   10         Administrator, which is an exempt position not covered
   11         under career service; creating s. 163.3176, F.S.;
   12         providing legislative intent; requiring that a local
   13         government ensure that noise compatible land-use
   14         planning is used in its jurisdiction; providing
   15         guidelines; providing for the sharing of related costs
   16         of construction if a local government does not comply
   17         with the noise mitigation requirements; requiring that
   18         local governments consult with the Department of
   19         Transportation and the Department of Economic
   20         Opportunity in the formulation of noise mitigation
   21         requirements; amending s. 206.86, F.S.; deleting
   22         definitions for the terms “alternative fuel” and
   23         “natural gasoline”; amending s. 206.87, F.S.;
   24         conforming a cross-reference; repealing s. 206.877,
   25         F.S., relating to the annual decal fee program for
   26         motor vehicles powered by alternative fuels; repealing
   27         s. 206.89, F.S., relating to the requirements for
   28         alternative fuel retailer licenses; amending s.
   29         206.91, F.S.; making grammatical and technical
   30         changes; providing a directive to the Division of Law
   31         Revision and Information; amending s. 206.9825, F.S.;
   32         revising the criteria that certain air carriers must
   33         meet to qualify for an exemption to the aviation fuel
   34         tax; providing remedies for failure by an air carrier
   35         to meet the standards; authorizing terminal suppliers
   36         and wholesalers to receive a credit, or apply, for a
   37         refund of aviation fuel tax previously paid;
   38         conforming terminology; authorizing the Department of
   39         Revenue to adopt rules; creating s. 206.9951, F.S.;
   40         providing definitions; creating s. 206.9952, F.S.;
   41         establishing requirements for natural gas fuel
   42         retailer licenses; providing penalties for certain
   43         licensure violations; creating s. 206.9955, F.S.;
   44         providing calculations for a motor fuel equivalent
   45         gallon; providing for the levy of the natural gas fuel
   46         tax; authorizing the Department of Revenue to adopt
   47         rules; creating s. 206.996, F.S.; establishing
   48         requirements for monthly reports of natural gas fuel
   49         retailers; providing that reports are made under the
   50         penalties of perjury; allowing natural gas fuel
   51         retailers to seek a deduction of the tax levied under
   52         specified conditions; creating s. 206.9965, F.S.;
   53         providing exemptions and refunds from the natural gas
   54         fuel tax; transferring, renumbering, and amending
   55         s.206.879, F.S; revising provisions relating to the
   56         State Alternative Fuel User Fee Clearing Trust Fund;
   57         terminating the Local Alternative Fuel User Fee
   58         Clearing Trust Fund within the Department of Revenue;
   59         prescribing procedures for the termination of the
   60         trust fund; creating s. 206.998, F.S.; providing for
   61         the applicability of specified sections of parts I and
   62         II of ch. 206, F.S.; amending s. 212.055, F.S.;
   63         conforming a cross-reference; amending s. 212.08,
   64         F.S.; providing an exemption from taxes for natural
   65         gas fuel under certain circumstances; repealing s.
   66         316.530(3), F.S., relating to load limits for certain
   67         towed vehicles; amending s. 316.545, F.S.; increasing
   68         the weight amount used for penalty calculations;
   69         conforming terminology; amending s. 331.360, F.S.;
   70         reordering provisions; providing for a spaceport
   71         system plan; providing funding for space
   72         transportation projects from the State Transportation
   73         Trust Fund; requiring Space Florida to provide the
   74         Department of Transportation with specific project
   75         information and to demonstrate transportation and
   76         aerospace benefits; specifying the information to be
   77         provided; providing funding criteria; providing
   78         criteria for the Spaceport Investment Program;
   79         providing for funding; amending s. 332.007, F.S.;
   80         authorizing the Department of Transportation to fund
   81         strategic airport investments; providing criteria;
   82         amending s. 334.044, F.S.; prohibiting the department
   83         from entering into a lease-purchase agreement with
   84         certain transportation authorities after a specified
   85         time; amending s. 337.11, F.S.; removing the
   86         requirement that a contractor provide a notarized
   87         affidavit as proof of registration; amending s.
   88         337.14, F.S.; revising the criteria for bidding
   89         certain construction contracts to require a proposed
   90         budget estimate if a contract is more than a specified
   91         amount; amending s. 337.168, F.S.; providing that a
   92         document that reveals the identity of a person who has
   93         requested or received certain information before a
   94         certain time is a public record; amending s. 337.251,
   95         F.S.; revising criteria for leasing particular
   96         department property; increasing the time the
   97         department must accept proposals for lease after a
   98         notice is published; authorizing the department to
   99         establish an application fee by rule; providing
  100         criteria for the fee; providing criteria that the
  101         lease must meet; amending s. 337.408, F.S.; providing
  102         that persons who install a transit shelter or bus
  103         bench on certain right-of-ways are responsible for
  104         ensuring that the bench or transit shelter complies
  105         with applicable laws and rules; providing for the
  106         disposition of a bench or transit shelter that is not
  107         in compliance with applicable laws or rules; requiring
  108         owners of a bench or transit shelter to provide the
  109         department with a written inventory of locations;
  110         requiring the owner of a bench or transit shelter to
  111         maintain a liability insurance policy naming the
  112         department as an additional insured; specifying
  113         requirements for the policy; providing criteria for
  114         notice of modification, cancellation, or nonrenewal of
  115         an insurance policy; providing exceptions; requiring
  116         each county or municipality to remit certain revenue
  117         to the department; amending s. 338.161, F.S.;
  118         authorizing the department to enter into agreements
  119         with owners of public or private transportation
  120         facilities rather than entities that use the
  121         department’s electronic toll collection and video
  122         billing systems to collect certain charges; amending
  123         s. 338.165, F.S.; removing the Beeline-East Expressway
  124         and the Navarre Bridge from the list of facilities
  125         that have toll revenues to secure their bonds;
  126         amending s. 338.26, F.S.; revising the uses of fees
  127         that are generated from tolls to include the design
  128         and construction of a fire station that may be used by
  129         certain local governments in accordance with a
  130         specified memorandum; removing authority of a district
  131         to issue bonds or notes; amending s. 339.175, F.S.;
  132         revising the criteria that qualify a local government
  133         for participation in a metropolitan planning
  134         organization; revising the criteria to determine
  135         voting membership of a metropolitan planning
  136         organization; providing that each metropolitan
  137         planning organization shall review its membership and
  138         reapportion it as necessary; providing criteria;
  139         removing the requirement that the Governor review and
  140         apportion the voting membership among the various
  141         governmental entities within the metropolitan planning
  142         area; amending s. 339.2821, F.S.; authorizing
  143         Enterprise Florida, Inc., to be a consultant to the
  144         Department of Transportation for consideration of
  145         expenditures associated with and contracts for
  146         transportation projects; revising the requirements for
  147         economic development transportation project contracts
  148         between the department and a governmental entity;
  149         amending s. 339.55, F.S.; adding spaceports to the
  150         list of facility types for which the state-funded
  151         infrastructure bank may lend capital costs or provide
  152         credit enhancements; amending s. 341.031, F.S.;
  153         revising the definition of the term “intercity bus
  154         service”; amending s. 341.053, F.S.; revising the
  155         types of eligible projects and criteria of the
  156         intermodal development program; amending s. 341.302,
  157         F.S.; authorizing the Department of Transportation to
  158         undertake ancillary development for appropriate
  159         revenue sources to be used for state-owned rail
  160         corridors; amending ss. 343.82 and 343.922, F.S.;
  161         removing reference to advances from the Toll
  162         Facilities Revolving Trust Fund as a source of funding
  163         for certain projects by an authority; creating ch.
  164         345, F.S., relating to the Florida Regional Tollway
  165         Authority; creating s. 345.0001, F.S.; providing a
  166         short title; creating s. 345.0002, F.S.; providing
  167         definitions; creating s. 345.0003, F.S.; authorizing
  168         counties to form a regional tollway authority that can
  169         construct, maintain, or operate transportation
  170         projects in a region of the state; providing for
  171         governance of the authority; creating s. 345.0004,
  172         F.S.; providing for the powers and duties of a
  173         regional tollway authority; limiting an authority’s
  174         power with respect to an existing system; prohibiting
  175         an authority from pledging the credit or taxing power
  176         of the state or any political subdivision or agency of
  177         the state; requiring that an authority comply with
  178         certain reporting and documentation requirements;
  179         creating s. 345.0005, F.S.; authorizing the authority
  180         to issue bonds; providing that the issued bonds must
  181         meet certain requirements; providing that the
  182         resolution that authorizes the issuance of bonds meet
  183         certain requirements; authorizing an authority to
  184         enter into security agreements for issued bonds with a
  185         bank or trust company; providing that the issued bonds
  186         are negotiable instruments and have certain qualities;
  187         providing that a resolution authorizing the issuance
  188         of bonds and pledging of revenues of the system must
  189         contain certain requirements; prohibiting the use or
  190         pledge of state funds to pay principal or interest of
  191         an authority’s bonds; creating s. 345.0006, F.S.;
  192         providing for the rights and remedies granted to
  193         certain bondholders; providing the actions a trustee
  194         may take on behalf of the bondholders; providing for
  195         the appointment of a receiver; providing for the
  196         authority of the receiver; providing limitations to
  197         the receiver’s authority; creating s. 345.0007, F.S.;
  198         providing that the Department of Transportation is the
  199         agent of each authority for specified purposes;
  200         providing for the administration and management of
  201         projects by the department; providing limits on the
  202         department as an agent; providing for the fiscal
  203         responsibilities of the authority; creating s.
  204         345.0008, F.S.; authorizing the department to provide
  205         for or commit its resources for an authority project
  206         or system, if approved by the Legislature; providing
  207         for payment of expenses incurred by the department on
  208         behalf of an authority; requiring the department to
  209         receive a share of the revenue from the authority;
  210         providing calculations for disbursement of revenues;
  211         creating s. 345.0009, F.S.; authorizing the authority
  212         to acquire private or public property and property
  213         rights for a project or plan; authorizing the
  214         authority to exercise the right of eminent domain;
  215         providing for the rights and liabilities and remedial
  216         actions relating to property acquired for a
  217         transportation project or corridor; creating s.
  218         345.0010, F.S.; providing for contracts between
  219         governmental entities and an authority; creating s.
  220         345.0011, F.S.; providing that the state will not
  221         limit or alter the vested rights of a bondholder with
  222         regard to any issued bonds or rights relating to the
  223         bonds under certain conditions; creating s. 345.0012,
  224         F.S.; relieving the authority from the obligation of
  225         paying certain taxes or assessments for property
  226         acquired or used for certain public purposes or for
  227         revenues received relating to the issuance of bonds;
  228         providing exceptions; creating s. 345.0013, F.S.;
  229         providing that the bonds or obligations issued are
  230         legal investments of specified entities; creating s.
  231         345.0014, F.S.; providing applicability; creating s.
  232         345.0015, F.S.; creating the Northwest Florida
  233         Regional Tollway Authority; creating s. 345.0016,
  234         F.S.; creating the Okaloosa-Bay Regional Tollway
  235         Authority; creating s. 345.0017, F.S.; creating the
  236         Suncoast Regional Tollway Authority; providing for the
  237         transfer of the governance and control of the Mid-Bay
  238         Bridge Authority System to the Okaloosa-Bay Regional
  239         Tollway Authority; providing for the disposition of
  240         bonds, the protection of the bondholders, the effect
  241         on the rights and obligations under a contract or the
  242         bonds, and the revenues associated with the bonds;
  243         providing an effective date.
  244  
  245  Be It Enacted by the Legislature of the State of Florida:
  246  
  247         Section 1. Paragraph (b) of subsection (2) and subsection
  248  (3) of section 20.23, Florida Statutes, are amended, and present
  249  subsections (4) through (7) of that subsection are renumbered as
  250  subsections (3) through (6), to read:
  251         20.23 Department of Transportation.—There is created a
  252  Department of Transportation which shall be a decentralized
  253  agency.
  254         (2)
  255         (b) The commission shall have the primary functions to:
  256         1. Recommend major transportation policies for the
  257  Governor’s approval, and assure that approved policies and any
  258  revisions thereto are properly executed.
  259         2. Periodically review the status of the state
  260  transportation system including highway, transit, rail, seaport,
  261  intermodal development, and aviation components of the system
  262  and recommend improvements therein to the Governor and the
  263  Legislature.
  264         3. Perform an in-depth evaluation of the annual department
  265  budget request, the Florida Transportation Plan, and the
  266  tentative work program for compliance with all applicable laws
  267  and established departmental policies. Except as specifically
  268  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  269  not consider individual construction projects, but shall
  270  consider methods of accomplishing the goals of the department in
  271  the most effective, efficient, and businesslike manner.
  272         4. Monitor the financial status of the department on a
  273  regular basis to assure that the department is managing revenue
  274  and bond proceeds responsibly and in accordance with law and
  275  established policy.
  276         5. Monitor on at least a quarterly basis, the efficiency,
  277  productivity, and management of the department, using
  278  performance and production standards developed by the commission
  279  pursuant to s. 334.045.
  280         6. Perform an in-depth evaluation of the factors causing
  281  disruption of project schedules in the adopted work program and
  282  recommend to the Legislature and the Governor methods to
  283  eliminate or reduce the disruptive effects of these factors.
  284         7. Recommend to the Governor and the Legislature
  285  improvements to the department’s organization in order to
  286  streamline and optimize the efficiency of the department. In
  287  reviewing the department’s organization, the commission shall
  288  determine if the current district organizational structure is
  289  responsive to Florida’s changing economic and demographic
  290  development patterns. The initial report by the commission must
  291  be delivered to the Governor and Legislature by December 15,
  292  2000, and each year thereafter, as appropriate. The commission
  293  may retain such experts that as are reasonably necessary to
  294  effectuate this subparagraph, and the department shall pay the
  295  expenses of the such experts.
  296         8. Monitor the efficiency, productivity, and management of
  297  the authorities created under chapters 345, 348, and 349,
  298  including any authority formed using the provisions of part I of
  299  chapter 348, and any authority formed under chapter 343 which is
  300  not monitored under subsection (3). The commission shall also
  301  conduct periodic reviews of each authority’s operations and
  302  budget, acquisition of property, management of revenue and bond
  303  proceeds, and compliance with applicable laws and generally
  304  accepted accounting principles.
  305         (3) There is created the Florida Statewide Passenger Rail
  306  Commission.
  307         (a)1. The commission shall consist of nine voting members
  308  appointed as follows:
  309         a. Three members shall be appointed by the Governor, one of
  310  whom must have a background in the area of environmental
  311  concerns, one of whom must have a legislative background, and
  312  one of whom must have a general business background.
  313         b. Three members shall be appointed by the President of the
  314  Senate, one of whom must have a background in civil engineering,
  315  one of whom must have a background in transportation
  316  construction, and one of whom must have a general business
  317  background.
  318         c. Three members shall be appointed by the Speaker of the
  319  House of Representatives, one of whom must have a legal
  320  background, one of whom must have a background in financial
  321  matters, and one of whom must have a general business
  322  background.
  323         2. The initial term of each member appointed by the
  324  Governor shall be for 4 years. The initial term of each member
  325  appointed by the President of the Senate shall be for 3 years.
  326  The initial term of each member appointed by the Speaker of the
  327  House of Representatives shall be for 2 years. Succeeding terms
  328  for all members shall be for 4 years.
  329         3. A vacancy occurring during a term shall be filled by the
  330  respective appointing authority in the same manner as the
  331  original appointment and only for the balance of the unexpired
  332  term. An appointment to fill a vacancy shall be made within 60
  333  days after the occurrence of the vacancy.
  334         4. The commission shall elect one of its members as chair
  335  of the commission. The chair shall hold office at the will of
  336  the commission. Five members of the commission shall constitute
  337  a quorum, and the vote of five members shall be necessary for
  338  any action taken by the commission. The commission may meet upon
  339  the constitution of a quorum. A vacancy in the commission does
  340  not impair the right of a quorum to exercise all rights and
  341  perform all duties of the commission.
  342         5. The members of the commission are not entitled to
  343  compensation but are entitled to reimbursement for travel and
  344  other necessary expenses as provided in s. 112.061.
  345         (b) The commission shall have the primary functions of:
  346         1. Monitoring the efficiency, productivity, and management
  347  of all publicly funded passenger rail systems in the state,
  348  including, but not limited to, any authority created under
  349  chapter 343, chapter 349, or chapter 163 if the authority
  350  receives public funds for the provision of passenger rail
  351  service. The commission shall advise each monitored authority of
  352  its findings and recommendations. The commission shall also
  353  conduct periodic reviews of each monitored authority’s passenger
  354  rail and associated transit operations and budget, acquisition
  355  of property, management of revenue and bond proceeds, and
  356  compliance with applicable laws and generally accepted
  357  accounting principles. The commission may seek the assistance of
  358  the Auditor General in conducting such reviews and shall report
  359  the findings of such reviews to the Legislature. This paragraph
  360  does not preclude the Florida Transportation Commission from
  361  conducting its performance and work program monitoring
  362  responsibilities.
  363         2. Advising the department on policies and strategies used
  364  in planning, designing, building, operating, financing, and
  365  maintaining a coordinated statewide system of passenger rail
  366  services.
  367         3. Evaluating passenger rail policies and providing advice
  368  and recommendations to the Legislature on passenger rail
  369  operations in the state.
  370         (c) The commission or a member of the commission may not
  371  enter into the day-to-day operation of the department or a
  372  monitored authority and is specifically prohibited from taking
  373  part in:
  374         1. The awarding of contracts.
  375         2. The selection of a consultant or contractor or the
  376  prequalification of any individual consultant or contractor.
  377  However, the commission may recommend to the secretary standards
  378  and policies governing the procedure for selection and
  379  prequalification of consultants and contractors.
  380         3. The selection of a route for a specific project.
  381         4. The specific location of a transportation facility.
  382         5. The acquisition of rights-of-way.
  383         6. The employment, promotion, demotion, suspension,
  384  transfer, or discharge of any department personnel.
  385         7. The granting, denial, suspension, or revocation of any
  386  license or permit issued by the department.
  387         (d) The commission is assigned to the Office of the
  388  Secretary of the Department of Transportation for administrative
  389  and fiscal accountability purposes, but it shall otherwise
  390  function independently of the control and direction of the
  391  department except that reasonable expenses of the commission
  392  shall be subject to approval by the Secretary of Transportation.
  393  The department shall provide administrative support and service
  394  to the commission.
  395         Section 2. Paragraphs (j) and (m) of subsection (2) of
  396  section 110.205, Florida Statutes, are amended to read:
  397         110.205 Career service; exemptions.—
  398         (2) EXEMPT POSITIONS.—The exempt positions that are not
  399  covered by this part include the following:
  400         (j) The appointed secretaries and the State Surgeon
  401  General, assistant secretaries, deputy secretaries, and deputy
  402  assistant secretaries of all departments; the executive
  403  directors, assistant executive directors, deputy executive
  404  directors, and deputy assistant executive directors of all
  405  departments; the directors of all divisions and those positions
  406  determined by the department to have managerial responsibilities
  407  comparable to such positions, which positions include, but are
  408  not limited to, program directors, assistant program directors,
  409  district administrators, deputy district administrators, the
  410  Director of Central Operations Services of the Department of
  411  Children and Family Services, the State Transportation
  412  Development Administrator, State Freight and Logistics Public
  413  Transportation and Modal Administrator, district secretaries,
  414  district directors of transportation development, transportation
  415  operations, transportation support, and the managers of the
  416  offices specified in s. 20.23(3)(b) 20.23(4)(b), of the
  417  Department of Transportation. Unless otherwise fixed by law, the
  418  department shall set the salary and benefits of these positions
  419  in accordance with the rules of the Senior Management Service;
  420  and the county health department directors and county health
  421  department administrators of the Department of Health.
  422         (m) All assistant division director, deputy division
  423  director, and bureau chief positions in any department, and
  424  those positions determined by the department to have managerial
  425  responsibilities comparable to such positions, which include,
  426  but are not limited to:
  427         1. Positions in the Department of Health and the Department
  428  of Children and Family Services that are assigned primary duties
  429  of serving as the superintendent or assistant superintendent of
  430  an institution.
  431         2. Positions in the Department of Corrections that are
  432  assigned primary duties of serving as the warden, assistant
  433  warden, colonel, or major of an institution or that are assigned
  434  primary duties of serving as the circuit administrator or deputy
  435  circuit administrator.
  436         3. Positions in the Department of Transportation that are
  437  assigned primary duties of serving as regional toll managers and
  438  managers of offices, as defined in s. 20.23(3)(b) and (4)(c)
  439  20.23(4)(b) and (5)(c).
  440         4. Positions in the Department of Environmental Protection
  441  that are assigned the duty of an Environmental Administrator or
  442  program administrator.
  443         5. Positions in the Department of Health that are assigned
  444  the duties of Environmental Administrator, Assistant County
  445  Health Department Director, and County Health Department
  446  Financial Administrator.
  447  
  448  Unless otherwise fixed by law, the department shall set the
  449  salary and benefits of the positions listed in this paragraph in
  450  accordance with the rules established for the Selected Exempt
  451  Service.
  452         Section 3. Section 163.3176, Florida Statutes, is created
  453  to read:
  454         163.3176Legislative findings; noise mitigation
  455  requirements in development plans for land abutting the right
  456  of-way of a limited access facility; compliance required of
  457  local governments.—
  458         (1) The Legislature finds that incompatible residential
  459  development of land adjacent to the rights-of-way of limited
  460  access facilities and the failure to provide protections related
  461  to noise abatement have not been in the best interest of the
  462  public welfare or the economic health of the state. The
  463  Legislature finds that the costs of transportation projects are
  464  significantly increased by the added expense of required noise
  465  abatement and by the delay of other potential and needed
  466  transportation projects. The Legislature finds that limited
  467  access facilities generate traffic noise due to the high speed
  468  and high volumes of vehicular traffic on these important
  469  highways. The Legislature finds that important state interests,
  470  including, but not limited to, the protection of future
  471  residential property owners, will be served by ensuring that
  472  local governments have land development ordinances that promote
  473  residential land-use planning and development that is noise
  474  compatible with adjacent limited access facilities, and by
  475  avoiding future noise abatement problems and the related state
  476  expense to provide noise mitigation for residential dwellings
  477  constructed after notice of a planned limited access facility is
  478  made public. Additionally, the Legislature finds that, with
  479  future potential population growth and the resulting need for
  480  future capacity improvements to limited access facilities, noise
  481  compatible residential land-use planning must take into
  482  consideration an evaluation of future impacts of traffic noise
  483  on proposed residential developments that are adjacent to
  484  limited access facilities.
  485         (2) Each local government shall ensure that noise
  486  compatible land-use planning is used in its jurisdictions in the
  487  development of land for residential use which is adjacent to
  488  right-of-way acquired for a limited access facility. The
  489  measures must include the incorporation of federal and state
  490  noise mitigation standards and guidelines in all local
  491  government land development regulations and be reflected in and
  492  carried out in the local government comprehensive plans,
  493  amendments of adopted comprehensive plans, zoning plans,
  494  subdivision plat approvals, development permits, and building
  495  permits. Each local government shall ensure that residential
  496  development proposed adjacent to a limited access facility is
  497  planned and constructed in conformance with all noise mitigation
  498  standards, guidelines, and regulations. A local government shall
  499  share equally with the Department of Transportation all related
  500  costs of construction if the local government does not comply
  501  with this section and, as a result, the department is required
  502  to construct a noise wall or other noise mitigation in
  503  connection with a road improvement project.
  504         (3) A local government shall consult with the Department of
  505  Economic Opportunity and the department, as needed, in the
  506  formulation and establishment of adequate noise mitigation
  507  requirements in the respective land development regulations as
  508  mandated in this section. A local government shall adopt land
  509  development regulations that are consistent with this section,
  510  as soon as practicable, but not later than July 1, 2014.
  511         Section 4. Section 206.86, Florida Statutes, is amended to
  512  read:
  513         206.86 Definitions.—As used in this part:
  514         (1) “Diesel fuel” means all petroleum distillates commonly
  515  known as diesel #2, biodiesel, or any other product blended with
  516  diesel or any product placed into the storage supply tank of a
  517  diesel-powered motor vehicle.
  518         (2) “Taxable diesel fuel” or “fuel” means any diesel fuel
  519  not held in bulk storage at a terminal and which has not been
  520  dyed for exempt use in accordance with Internal Revenue Code
  521  requirements.
  522         (3) “User” includes any person who uses diesel fuels within
  523  this state for the propulsion of a motor vehicle on the public
  524  highways of this state, even though the motor is also used for a
  525  purpose other than the propulsion of the vehicle.
  526         (4) “Alternative fuel” means any liquefied petroleum gas
  527  product or compressed natural gas product or combination thereof
  528  used in an internal combustion engine or motor to propel any
  529  form of vehicle, machine, or mechanical contrivance. This term
  530  includes, but is not limited to, all forms of fuel commonly or
  531  commercially known or sold as natural gasoline, butane gas,
  532  propane gas, or any other form of liquefied petroleum gas or
  533  compressed natural gas.
  534         (5) “Natural gasoline” is a liquid hydrocarbon that is
  535  produced by natural gas and must be blended with other liquid
  536  petroleum products to produce motor fuel.
  537         (4)(6) “Removal” means any physical transfer of diesel fuel
  538  and any use of diesel fuel other than as a material in the
  539  production of diesel fuel.
  540         (5)(7) “Blender” means any person who that produces blended
  541  diesel fuel outside the bulk transfer/terminal system.
  542         (6)(8) “Colorless marker” means material that is not
  543  perceptible to the senses until the diesel fuel into which it is
  544  introduced is subjected to a scientific test.
  545         (7)(9) “Dyed diesel fuel” means diesel fuel that is dyed in
  546  accordance with United States Environmental Protection Agency or
  547  Internal Revenue Service requirements for high sulfur diesel
  548  fuel or low sulfur diesel fuel.
  549         (8)(10) “Ultimate vendor” means a licensee that sells
  550  undyed diesel fuel to the United States or its departments or
  551  agencies in bulk lots of not less than 500 gallons in each
  552  delivery or to the user of the diesel fuel for use on a farm for
  553  farming purposes.
  554         (9)(11) “Local government user of diesel fuel” means any
  555  county, municipality, or school district licensed by the
  556  department to use untaxed diesel fuel in motor vehicles.
  557         (10)(12) “Mass transit system” means any licensed local
  558  transportation company providing local bus service that is open
  559  to the public and that travels regular routes.
  560         (11)(13) “Diesel fuel registrant” means anyone required by
  561  this chapter to be licensed to remit diesel fuel taxes,
  562  including, but not limited to, terminal suppliers, importers,
  563  local government users of diesel fuel, and mass transit systems.
  564         (12)(14) “Biodiesel” means any product made from
  565  nonpetroleum-based oils or fats which is suitable for use in
  566  diesel-powered engines. Biodiesel is also referred to as alkyl
  567  esters.
  568         (13)(15) “Biodiesel manufacturer” means those industrial
  569  plants, regardless of capacity, where organic products are used
  570  in the production of biodiesel. This includes businesses that
  571  process or blend organic products that are marketed as
  572  biodiesel.
  573         Section 5. Paragraph (a) of subsection (1) of section
  574  206.87, Florida Statutes, is amended to read:
  575         206.87 Levy of tax.—
  576         (1)(a) An excise tax of 4 cents per gallon is hereby
  577  imposed upon each net gallon of diesel fuel subject to the tax
  578  under subsection (2), except alternative fuels which are subject
  579  to the fee imposed by s. 206.877.
  580         Section 6. Section 206.877, Florida Statutes, is repealed.
  581         Section 7. Section 206.89, Florida Statutes, is repealed.
  582         Section 8. Subsection (1) of section 206.91, Florida
  583  Statutes, is amended to read:
  584         206.91 Tax reports; computation and payment of tax.—
  585         (1) For the purpose of determining the amount of taxes
  586  imposed by s. 206.87, each diesel fuel registrant shall, not
  587  later than the 20th day of each calendar month, mail to the
  588  department, on forms prescribed by the department, monthly
  589  reports that provide which shall show such information on
  590  inventories, purchases, nontaxable disposals, and taxable sales
  591  in gallons of diesel fuel and alternative fuel, for the
  592  preceding calendar month as may be required by the department.
  593  However, if the 20th day falls on a Saturday, a Sunday, or a
  594  federal or state legal holiday, returns shall be accepted if
  595  postmarked on the next succeeding workday. The reports must
  596  include, shall contain or be verified by, a written declaration
  597  stating that they are such report is made under the penalties of
  598  perjury. The diesel fuel registrant shall deduct from the amount
  599  of taxes shown by the report to be payable an amount equivalent
  600  to .67 percent of the taxes on diesel fuel imposed by s.
  601  206.87(1)(a) and (e), which deduction is hereby allowed to the
  602  diesel fuel registrant on account of services and expenses in
  603  complying with the provisions of this part. The allowance on
  604  taxable gallons of diesel fuel sold to persons licensed under
  605  this chapter is not shall not be deductible unless the diesel
  606  fuel registrant has allowed 50 percent of the allowance provided
  607  by this section to a purchaser with a valid wholesaler or
  608  terminal supplier license. This allowance is not shall not be
  609  deductible unless payment of the taxes is made on or before the
  610  20th day of the month as herein required in this subsection.
  611  Nothing in This subsection does not shall be construed to
  612  authorize a deduction from the constitutional fuel tax or fuel
  613  sales tax.
  614         Section 9. Subsection (1) of section 206.9825, Florida
  615  Statutes, is amended to read:
  616         206.9825 Aviation fuel tax.—
  617         (1)(a) Except as otherwise provided in this part, an excise
  618  tax of 6.9 cents per gallon of aviation fuel is imposed upon
  619  every gallon of aviation fuel sold in this state, or brought
  620  into this state for use, upon which such tax has not been paid
  621  or the payment thereof has not been lawfully assumed by some
  622  person handling the same in this state. Fuel taxed pursuant to
  623  this part shall not be subject to the taxes imposed by ss.
  624  206.41(1)(d), (e), and (f) and 206.87(1)(b), (c), and (d).
  625         (b) Any licensed wholesaler or terminal supplier that
  626  delivers aviation fuel to an air carrier that offers offering
  627  transcontinental jet service and that has, within the preceding
  628  5-year period from January 1 of the year the exemption is being
  629  applied for, increased its that, after January 1, 1996,
  630  increases the air carrier’s Florida workforce by more than 1,000
  631  1000 percent and by 250 or more full-time equivalent employee
  632  positions as provided in reports that must be filed pursuant to
  633  s. 443.163, may purchase receive a credit or refund as the
  634  ultimate vendor of the aviation fuel exempt from for the 6.9
  635  cents per gallon tax imposed by this part from terminal
  636  suppliers and wholesalers, provided that the air carrier has no
  637  facility for fueling highway vehicles from the tank in which the
  638  aviation fuel is stored. To qualify for the exemption, an air
  639  carrier must submit a written request to the department stating
  640  that it meets the requirements of this paragraph. The exemption
  641  under this paragraph expires on December 31 of the year it was
  642  granted. The exemption is not allowed for any period before the
  643  effective date of the air carrier exemption letter issued by the
  644  department. To renew the exemption, the air carrier must submit
  645  a written request to the department stating that it meets the
  646  requirements of this paragraph. Terminal suppliers and
  647  wholesalers may receive a credit or may apply for a refund, as
  648  the ultimate vendor of the 6.9 cents per gallon aviation fuel
  649  tax previously paid, within 1 year after the date the right to
  650  the refund has accrued excise tax previously paid, provided that
  651  the air carrier has no facility for fueling highway vehicles
  652  from the tank in which the aviation fuel is stored. In
  653  calculating the new or additional Florida full-time equivalent
  654  employee positions, any full-time equivalent employee positions
  655  of parent or subsidiary corporations which existed before the
  656  preceding 5-year period from January 1 of the year the
  657  application for exemption or renewal is being applied for, may
  658  January 1, 1996, shall not be counted toward reaching the
  659  Florida employment increase thresholds. The refund allowed under
  660  this paragraph is in furtherance of the goals and policies of
  661  the State Comprehensive Plan set forth in s. 187.201(16)(a),
  662  (b)1., 2., (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1.,
  663  2., 4., 7., 9., and 12.
  664         (c) If, during the 1-year period in which the exemption is
  665  in place before July 1, 2001, the air carrier fails to maintain
  666  the increase in its Florida workforce by more than 1,000 percent
  667  and by 250 or more full-time equivalent employees number of
  668  full-time equivalent employee positions created or added to the
  669  air carrier’s Florida workforce falls below 250, the exemption
  670  granted pursuant to this section does shall not apply during the
  671  period in which the air carrier was no longer qualified to
  672  receive the exemption has fewer than the 250 additional
  673  employees.
  674         (d) The exemption taken by credit or refund pursuant to
  675  paragraph (b) applies shall apply only under the terms and
  676  conditions set forth in this paragraph therein. If any part of
  677  the that paragraph is judicially declared to be unconstitutional
  678  or invalid, the validity of any provisions taxing aviation fuel
  679  is shall not be affected and all fuel exempted pursuant to
  680  paragraph (b) shall be subject to tax as if the exemption was
  681  never enacted. Each Every person who benefits benefiting from
  682  the such exemption is shall be liable for and must make payment
  683  of all taxes for which a credit or refund was granted.
  684         (e) The department may adopt rules to administer this
  685  subsection.
  686         Section 10. The Division of Law Revision and Information is
  687  requested to create part V of chapter 206, Florida Statutes,
  688  consisting of ss. 206.9951-206.998, entitled “NATURAL GAS FUEL.”
  689         Section 11. Section 206.9951, Florida Statutes, is created
  690  to read:
  691         206.9951Definitions.—As used in this part, the term:
  692         (1) “Motor fuel equivalent gallon” means the volume of
  693  natural gas fuel it takes to equal the energy content of 1
  694  gallon of motor fuel.
  695         (2) “Natural gas fuel” means any liquefied petroleum gas
  696  product, compressed natural gas product, or combination thereof
  697  used in a motor vehicle as defined in s. 206.01(23). This term
  698  includes, but is not limited to, all forms of fuel commonly or
  699  commercially known or sold as natural gasoline, butane gas,
  700  propane gas, or any other form of liquefied petroleum gas,
  701  compressed natural gas, or liquefied natural gas. The term does
  702  not include natural gas or liquefied petroleum placed in a
  703  separate tank of a motor vehicle for cooking, heating, water
  704  heating, or electric generation.
  705         (3) “Natural gas fuel retailer” means any person who sells
  706  natural gas fuel for use in a motor vehicle as defined in s.
  707  206.01(23).
  708         (4) “Natural gasoline” is a liquid hydrocarbon that is
  709  produced by natural gas and must be blended with other liquid
  710  petroleum products to produce motor fuel.
  711         (5) “Person” means a natural person, corporation,
  712  copartnership, firm, company, agency, or association; a state
  713  agency; a federal agency; or a political subdivision of the
  714  state.
  715         Section 12. Section 206.9952, Florida Statutes, is created
  716  to read:
  717         206.9952Application for license as a natural gas fuel
  718  retailer.—
  719         (1) It is unlawful for any person to engage in business as
  720  a natural gas fuel retailer within this state unless he or she
  721  is the holder of a valid license issued by the department to
  722  engage in such business.
  723         (2) A person who has facilities for placing natural gas
  724  fuel into the supply system of an internal combustion engine
  725  fueled by individual portable containers of 10 gallons or less
  726  is not required to be licensed as a natural gas fuel retailer,
  727  provided that the fuel is only used for exempt purposes.
  728         (3)(a) Any person who acts as a natural gas retailer and
  729  does not hold a valid natural gas fuel retailer license shall
  730  pay a penalty of $200 for each month of operation without a
  731  license. This paragraph expires December 31, 2018.
  732         (b) Effective January 1, 2019, any person who acts as a
  733  natural gas fuel retailer and does not hold a valid natural gas
  734  fuel retailer license shall pay a penalty of 25 percent of the
  735  tax assessed on the total purchases made during the unlicensed
  736  period.
  737         (4) To procure a natural gas fuel retailer license, a
  738  person shall file an application and a bond with the department
  739  on a form prescribed by the department. The department may not
  740  issue a license upon the receipt of any application unless it is
  741  accompanied by a bond.
  742         (5) When a natural gas fuel retailer license application is
  743  filed by a person whose previous license was canceled for cause
  744  by the department or the department believes that such
  745  application was not filed in good faith or is filed by another
  746  person as a subterfuge for the actual person in interest whose
  747  previous license has been canceled, the department may, if
  748  evidence warrants, refuse to issue a license for such an
  749  application.
  750         (6) Upon the department’s issuance of a natural gas fuel
  751  retailer license, such license remains in effect so long as the
  752  natural gas fuel retailer is in compliance with the requirements
  753  of this part.
  754         (7) Such license may not be assigned and is valid only for
  755  the natural gas fuel retailer in whose name the license is
  756  issued. The license shall be displayed conspicuously by the
  757  natural gas fuel retailer in the principal place of business for
  758  which the license was issued.
  759         (8) With the exception of a state or federal agency or a
  760  political subdivision licensed under this chapter, each person,
  761  as defined in this part, who operates as a natural gas fuel
  762  retailer shall report monthly to the department and pay a tax on
  763  all natural gas fuel purchases beginning January 1, 2019.
  764         (9) The license application requires a license fee of $5.
  765  Each license shall be renewed annually by submitting a
  766  reapplication and the license fee to the department. The license
  767  fee shall be paid to the department for deposit into the General
  768  Revenue Fund.
  769         Section 13. Section 206.9955, Florida Statutes, is created
  770  to read:
  771         206.9955Levy of natural gas fuel tax.—
  772         (1) The motor fuel equivalent gallon means the following
  773  for:
  774         (a) Compressed natural gas gallon: 5.66 pounds, or per each
  775  126.67 cubic feet.
  776         (b) Liquefied natural gas gallon: 6.22 pounds.
  777         (c) Liquefied petroleum gas gallon: 1.35 gallons.
  778         (2) Effective January 1, 2019, the following taxes shall be
  779  imposed:
  780         (a) An excise tax of 4 cents upon each motor fuel
  781  equivalent gallon of natural gas fuel.
  782         (b) An additional tax of 1 cent upon each motor fuel
  783  equivalent gallon of natural gas fuel, which is designated as
  784  the “ninth-cent fuel tax.”
  785         (c) An additional tax of 6 cents on each motor fuel
  786  equivalent gallon of natural gas fuel by each county, which is
  787  designated as the “local option fuel tax.”
  788         (d) An additional tax on each motor fuel equivalent gallon
  789  of natural gas fuel, which is designated as the “State
  790  Comprehensive Enhanced Transportation System Tax,” at a rate
  791  determined pursuant to this paragraph. Each calendar year, the
  792  department shall determine the tax rate applicable to the sale
  793  of natural gas fuel for the following 12-month period beginning
  794  January 1, rounded to the nearest tenth of a cent, by adjusting
  795  the initially established tax rate of 7.1 cents per gallon by
  796  the percentage change in the average of the Consumer Price Index
  797  issued by the United States Department of Labor for the most
  798  recent 12-month period ending September 30.
  799         (e)1. An additional tax is imposed on each motor fuel
  800  equivalent gallon of natural gas fuel for the privilege of
  801  selling natural gas fuel and is designated as the “fuel sales
  802  tax.” Each calendar year, the department shall determine the tax
  803  rate applicable to the sale of natural gas fuel, rounded to the
  804  nearest tenth of a cent, for the following 12-month period
  805  beginning January 1. The tax rate is calculated by adjusting the
  806  initially established tax rate of 12.9 cents per gallon by the
  807  percentage change in the average of the Consumer Price Index
  808  issued by the United States Department of Labor for the most
  809  recent 12-month period ending September 30.
  810         2. The department is authorized to adopt rules and publish
  811  forms to administer this paragraph.
  812         (3) Unless otherwise provided by this chapter, the taxes
  813  specified in subsection (2) are imposed on natural gas fuel when
  814  it is placed into the fuel supply tank of a motor vehicle as
  815  defined in s. 206.01(23). The person liable for payment of the
  816  taxes imposed by this section is the person selling the fuel to
  817  the end user, for use in the fuel supply tank of a motor vehicle
  818  as defined in s. 206.01(23).
  819         Section 14. Section 206.996, Florida Statutes, is created
  820  to read:
  821         206.996Monthly reports by natural gas fuel retailers;
  822  deductions.—
  823         (1) For the purpose of determining the amount of taxes
  824  imposed by s. 206.9955, each natural gas fuel retailer shall
  825  file beginning February 2019, and each month thereafter, no
  826  later than the 20th day of each month, monthly reports
  827  electronically with the department showing information on
  828  inventory, purchases, nontaxable disposals, and taxable sales in
  829  gallons of natural gas fuel for the preceding month. However, if
  830  the 20th day of the month falls on a Saturday, Sunday, or
  831  federal or state legal holiday, a return must be accepted if it
  832  is electronically filed on the next succeeding business day. The
  833  reports must include, or be verified by, a written declaration
  834  stating that such report is made under the penalties of perjury.
  835  The natural gas fuel retailer shall deduct from the amount of
  836  taxes shown by the report to be payable an amount equivalent to
  837  0.67 percent of the taxes on natural gas fuel imposed by s.
  838  206.9955(2)(a) and (e), which deduction is allowed to the
  839  natural gas fuel retailer to compensate it for services rendered
  840  and expenses incurred in complying with the requirements of this
  841  part. This allowance is not deductible unless payment of
  842  applicable taxes is made on or before the 20th day of the month.
  843  This subsection may not be construed as authorizing a deduction
  844  from the constitutional fuel tax or the fuel sales tax.
  845         (2) Upon the electronic filing of the monthly report, each
  846  natural gas fuel retailer shall pay the department the full
  847  amount of natural gas fuel taxes for the preceding month at the
  848  rate provided in s. 206.9955, less the amount allowed the
  849  natural gas fuel retailer for services and expenses as provided
  850  in subsection (1).
  851         (3) The department may authorize a quarterly return and
  852  payment of taxes when the taxes remitted by the natural gas fuel
  853  retailer for the preceding quarter did not exceed $100, and the
  854  department may authorize a semiannual return and payment of
  855  taxes when the taxes remitted by the natural gas fuel retailer
  856  for the preceding 6 months did not exceed $200.
  857         (4) In addition to the allowance authorized by subsection
  858  (1), every natural gas fuel retailer is entitled to a deduction
  859  of 1.1 percent of the taxes imposed under s. 206.9955(2)(b) and
  860  (c), on account of services and expenses incurred due to
  861  compliance with the requirements of this part. This allowance
  862  may not be deductible unless payment of the tax is made on or
  863  before the 20th day of the month.
  864         Section 15. Section 206.9965, Florida Statutes, is created
  865  to read:
  866         206.9965Exemptions and refunds; natural gas fuel
  867  retailers.—Natural gas fuel may be purchased from natural gas
  868  fuel retailers exempt from the tax imposed by this part when
  869  used or purchased for the following:
  870         (1) Exclusive use by the United States or its departments
  871  or agencies. Exclusive use by the United States or its
  872  departments and agencies means the consumption by the United
  873  States or its departments or agencies of the natural gas fuel in
  874  a motor vehicle as defined in s. 206.01(23).
  875         (2) Use for agricultural purposes as defined in s.
  876  206.41(4)(c).
  877         (3) Uses as provided in s. 206.874(3).
  878         (4) Used to propel motor vehicles operated by state and
  879  local government agencies.
  880         (5) Individual use resulting from residential refueling
  881  devices located at a person’s primary residence.
  882         (6) Purchases of natural gas fuel between licensed natural
  883  gas fuel retailers. A natural gas fuel retailer that sells tax
  884  paid natural gas fuel to another natural gas fuel retailer may
  885  take a credit on its monthly return or may file a claim for
  886  refund with the Chief Financial Officer pursuant to s. 215.26.
  887  All sales of natural gas fuel between natural gas fuel retailers
  888  must be documented on invoices or other evidence of the sale of
  889  such fuel and the seller shall retain a copy of the purchaser’s
  890  natural gas fuel retailer license.
  891         Section 16. Section 206.879, Florida Statutes, is
  892  transferred and renumbered as section 206.997, Florida Statutes,
  893  and amended to read:
  894         206.997 206.879 State and local alternative fuel user fee
  895  clearing trust funds; distribution.—
  896         (1) Notwithstanding the provisions of s. 206.875, the
  897  revenues from the natural gas fuel tax imposed by s. 206.9955
  898  state alternative fuel fees imposed by s. 206.877 shall be
  899  deposited into the State Alternative Fuel User Fee Clearing
  900  Trust Fund, which is hereby created. After deducting the service
  901  charges provided in s. 215.20, the proceeds in this trust fund
  902  shall be distributed as follows: one-half of the proceeds in
  903  calendar year 2019 and one-fifth of the proceeds in calendar
  904  year 1991, one-third of the proceeds in calendar year 1992,
  905  three-sevenths of the proceeds in calendar year 1993, and one
  906  half of the proceeds in each calendar year thereafter shall be
  907  transferred to the State Transportation Trust Fund; the
  908  remainder shall be distributed as follows: 50 percent shall be
  909  transferred to the State Board of Administration for
  910  distribution according to the provisions of s. 16, Art. IX of
  911  the State Constitution of 1885, as amended; 25 percent shall be
  912  transferred to the Revenue Sharing Trust Fund for
  913  Municipalities; and the remaining 25 percent shall be
  914  distributed using the formula contained in s. 206.60(1).
  915         (2) Notwithstanding the provisions of s. 206.875, the
  916  revenues from the local alternative fuel fees imposed in lieu of
  917  s. 206.87(1)(b) or (c) shall be deposited into The Local
  918  Alternative Fuel User Fee Clearing Trust Fund, which is hereby
  919  created. After deducting the service charges provided in s.
  920  215.20, the proceeds in this trust fund shall be returned
  921  monthly to the appropriate county.
  922         Section 17. (1) The Local Alternative Fuel User Fee
  923  Clearing Trust Fund within the Department of Revenue is
  924  terminated.
  925         (2) The Department of Revenue shall pay any outstanding
  926  debts or obligations of the terminated fund as soon as
  927  practicable, and the Chief Financial Officer shall close out and
  928  remove the terminated fund from various state accounting systems
  929  using generally accepted accounting principles concerning
  930  warrants outstanding, assets, and liabilities.
  931         Section 18. Section 206.998, Florida Statutes, is created
  932  to read:
  933         206.998Applicability of specified sections of parts I and
  934  II.—The provisions of ss. 206.01, 206.02, 206.025, 206.026,
  935  206.027, 206.028, 206.03, 206.05, 206.055, 206.06, 206.07,
  936  206.075, 206.09, 206.10, 206.11, 206.12, 206.13, 206.14, 206.15,
  937  206.16, 206.17, 206.175, 206.18, 206.199, 206.20, 206.204,
  938  206.205, 206.21, 206.215, 206.22, 206.23, 206.24, 206.25,
  939  206.27, 206.28, 206.405, 206.406, 206.41, 206.413, 206.43,
  940  206.44, 206.48, 206.485, 206.49, 206.56, 206.59, 206.606,
  941  206.608, and 206.61 of part I of this chapter and ss. 206.86,
  942  206.872, 206.874, 206.8745, 206.88, 206.90, and 206.93 of part
  943  II of this chapter shall, as far as lawful or practicable, be
  944  applicable to the tax levied and imposed and to the collection
  945  thereof as if fully set out in this part. However, any provision
  946  of any such section does not apply if it conflicts with any
  947  provision of this part.
  948         Section 19. Paragraph (d) of subsection (2) of section
  949  212.055, Florida Statutes, is amended to read:
  950         212.055 Discretionary sales surtaxes; legislative intent;
  951  authorization and use of proceeds.—It is the legislative intent
  952  that any authorization for imposition of a discretionary sales
  953  surtax shall be published in the Florida Statutes as a
  954  subsection of this section, irrespective of the duration of the
  955  levy. Each enactment shall specify the types of counties
  956  authorized to levy; the rate or rates which may be imposed; the
  957  maximum length of time the surtax may be imposed, if any; the
  958  procedure which must be followed to secure voter approval, if
  959  required; the purpose for which the proceeds may be expended;
  960  and such other requirements as the Legislature may provide.
  961  Taxable transactions and administrative procedures shall be as
  962  provided in s. 212.054.
  963         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  964         (d) The proceeds of the surtax authorized by this
  965  subsection and any accrued interest shall be expended by the
  966  school district, within the county and municipalities within the
  967  county, or, in the case of a negotiated joint county agreement,
  968  within another county, to finance, plan, and construct
  969  infrastructure; to acquire land for public recreation,
  970  conservation, or protection of natural resources; to provide
  971  loans, grants, or rebates to residential or commercial property
  972  owners who make energy efficiency improvements to their
  973  residential or commercial property, if a local government
  974  ordinance authorizing such use is approved by referendum; or to
  975  finance the closure of county-owned or municipally owned solid
  976  waste landfills that have been closed or are required to be
  977  closed by order of the Department of Environmental Protection.
  978  Any use of the proceeds or interest for purposes of landfill
  979  closure before July 1, 1993, is ratified. The proceeds and any
  980  interest may not be used for the operational expenses of
  981  infrastructure, except that a county that has a population of
  982  fewer than 75,000 and that is required to close a landfill may
  983  use the proceeds or interest for long-term maintenance costs
  984  associated with landfill closure. Counties, as defined in s.
  985  125.011, and charter counties may, in addition, use the proceeds
  986  or interest to retire or service indebtedness incurred for bonds
  987  issued before July 1, 1987, for infrastructure purposes, and for
  988  bonds subsequently issued to refund such bonds. Any use of the
  989  proceeds or interest for purposes of retiring or servicing
  990  indebtedness incurred for refunding bonds before July 1, 1999,
  991  is ratified.
  992         1. For the purposes of this paragraph, the term
  993  “infrastructure” means:
  994         a. Any fixed capital expenditure or fixed capital outlay
  995  associated with the construction, reconstruction, or improvement
  996  of public facilities that have a life expectancy of 5 or more
  997  years and any related land acquisition, land improvement,
  998  design, and engineering costs.
  999         b. A fire department vehicle, an emergency medical service
 1000  vehicle, a sheriff’s office vehicle, a police department
 1001  vehicle, or any other vehicle, and the equipment necessary to
 1002  outfit the vehicle for its official use or equipment that has a
 1003  life expectancy of at least 5 years.
 1004         c. Any expenditure for the construction, lease, or
 1005  maintenance of, or provision of utilities or security for,
 1006  facilities, as defined in s. 29.008.
 1007         d. Any fixed capital expenditure or fixed capital outlay
 1008  associated with the improvement of private facilities that have
 1009  a life expectancy of 5 or more years and that the owner agrees
 1010  to make available for use on a temporary basis as needed by a
 1011  local government as a public emergency shelter or a staging area
 1012  for emergency response equipment during an emergency officially
 1013  declared by the state or by the local government under s.
 1014  252.38. Such improvements are limited to those necessary to
 1015  comply with current standards for public emergency evacuation
 1016  shelters. The owner must enter into a written contract with the
 1017  local government providing the improvement funding to make the
 1018  private facility available to the public for purposes of
 1019  emergency shelter at no cost to the local government for a
 1020  minimum of 10 years after completion of the improvement, with
 1021  the provision that the obligation will transfer to any
 1022  subsequent owner until the end of the minimum period.
 1023         e. Any land acquisition expenditure for a residential
 1024  housing project in which at least 30 percent of the units are
 1025  affordable to individuals or families whose total annual
 1026  household income does not exceed 120 percent of the area median
 1027  income adjusted for household size, if the land is owned by a
 1028  local government or by a special district that enters into a
 1029  written agreement with the local government to provide such
 1030  housing. The local government or special district may enter into
 1031  a ground lease with a public or private person or entity for
 1032  nominal or other consideration for the construction of the
 1033  residential housing project on land acquired pursuant to this
 1034  sub-subparagraph.
 1035         2. For the purposes of this paragraph, the term “energy
 1036  efficiency improvement” means any energy conservation and
 1037  efficiency improvement that reduces consumption through
 1038  conservation or a more efficient use of electricity, natural
 1039  gas, propane, or other forms of energy on the property,
 1040  including, but not limited to, air sealing; installation of
 1041  insulation; installation of energy-efficient heating, cooling,
 1042  or ventilation systems; installation of solar panels; building
 1043  modifications to increase the use of daylight or shade;
 1044  replacement of windows; installation of energy controls or
 1045  energy recovery systems; installation of electric vehicle
 1046  charging equipment; installation of systems for natural gas fuel
 1047  as defined in s. 206.9951; and installation of efficient
 1048  lighting equipment.
 1049         3. Notwithstanding any other provision of this subsection,
 1050  a local government infrastructure surtax imposed or extended
 1051  after July 1, 1998, may allocate up to 15 percent of the surtax
 1052  proceeds for deposit into in a trust fund within the county’s
 1053  accounts created for the purpose of funding economic development
 1054  projects having a general public purpose of improving local
 1055  economies, including the funding of operational costs and
 1056  incentives related to economic development. The ballot statement
 1057  must indicate the intention to make an allocation under the
 1058  authority of this subparagraph.
 1059         Section 20. Subsection (4) of section 212.08, Florida
 1060  Statutes, is amended to read:
 1061         212.08 Sales, rental, use, consumption, distribution, and
 1062  storage tax; specified exemptions.—The sale at retail, the
 1063  rental, the use, the consumption, the distribution, and the
 1064  storage to be used or consumed in this state of the following
 1065  are hereby specifically exempt from the tax imposed by this
 1066  chapter.
 1067         (4) EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC.—
 1068         (a) Also exempt are:
 1069         1. Water delivered to the purchaser through pipes or
 1070  conduits or delivered for irrigation purposes. The sale of
 1071  drinking water in bottles, cans, or other containers, including
 1072  water that contains minerals or carbonation in its natural state
 1073  or water to which minerals have been added at a water treatment
 1074  facility regulated by the Department of Environmental Protection
 1075  or the Department of Health, is exempt. This exemption does not
 1076  apply to the sale of drinking water in bottles, cans, or other
 1077  containers if carbonation or flavorings, except those added at a
 1078  water treatment facility, have been added. Water that has been
 1079  enhanced by the addition of minerals and that does not contain
 1080  any added carbonation or flavorings is also exempt.
 1081         2. All fuels used by a public or private utility, including
 1082  any municipal corporation or rural electric cooperative
 1083  association, in the generation of electric power or energy for
 1084  sale. Fuel other than motor fuel and diesel fuel is taxable as
 1085  provided in this chapter with the exception of fuel expressly
 1086  exempt herein. Natural gas fuel as defined in s. 206.9951(2) is
 1087  exempt from the tax imposed by this chapter when placed into the
 1088  fuel supply system of a motor vehicle. Motor fuels and diesel
 1089  fuels are taxable as provided in chapter 206, with the exception
 1090  of those motor fuels and diesel fuels used by railroad
 1091  locomotives or vessels to transport persons or property in
 1092  interstate or foreign commerce, which are taxable under this
 1093  chapter only to the extent provided herein. The basis of the tax
 1094  shall be the ratio of intrastate mileage to interstate or
 1095  foreign mileage traveled by the carrier’s railroad locomotives
 1096  or vessels that were used in interstate or foreign commerce and
 1097  that had at least some Florida mileage during the previous
 1098  fiscal year of the carrier, such ratio to be determined at the
 1099  close of the fiscal year of the carrier. However, during the
 1100  fiscal year in which the carrier begins its initial operations
 1101  in this state, the carrier’s mileage apportionment factor may be
 1102  determined on the basis of an estimated ratio of anticipated
 1103  miles in this state to anticipated total miles for that year,
 1104  and subsequently, additional tax shall be paid on the motor fuel
 1105  and diesel fuels, or a refund may be applied for, on the basis
 1106  of the actual ratio of the carrier’s railroad locomotives’ or
 1107  vessels’ miles in this state to its total miles for that year.
 1108  This ratio shall be applied each month to the total Florida
 1109  purchases made in this state of motor and diesel fuels to
 1110  establish that portion of the total used and consumed in
 1111  intrastate movement and subject to tax under this chapter. The
 1112  basis for imposition of any discretionary surtax shall be set
 1113  forth in s. 212.054. Fuels used exclusively in intrastate
 1114  commerce do not qualify for the proration of tax.
 1115         3. The transmission or wheeling of electricity.
 1116         (b) Alcoholic beverages and malt beverages are not exempt.
 1117  The terms “alcoholic beverages” and “malt beverages” as used in
 1118  this paragraph have the same meanings ascribed to them in ss.
 1119  561.01(4) and 563.01, respectively. It is determined by the
 1120  Legislature that the classification of alcoholic beverages made
 1121  in this paragraph for the purpose of extending the tax imposed
 1122  by this chapter is reasonable and just, and it is intended that
 1123  such tax be separate from, and in addition to, any other tax
 1124  imposed on alcoholic beverages.
 1125         Section 21. Subsection (3) of section 316.530, Florida
 1126  Statutes, is repealed.
 1127         Section 22. Subsection (3) of section 316.545, Florida
 1128  Statutes, is amended to read:
 1129         316.545 Weight and load unlawful; special fuel and motor
 1130  fuel tax enforcement; inspection; penalty; review.—
 1131         (3) Any person who violates the overloading provisions of
 1132  this chapter shall be conclusively presumed to have damaged the
 1133  highways of this state by reason of such overloading, which
 1134  damage is hereby fixed as follows:
 1135         (a) If When the excess weight is 200 pounds or less than
 1136  the maximum herein provided by this chapter, the penalty is
 1137  shall be $10;
 1138         (b) Five cents per pound for each pound of weight in excess
 1139  of the maximum herein provided in this chapter if when the
 1140  excess weight exceeds 200 pounds. However, if whenever the gross
 1141  weight of the vehicle or combination of vehicles does not exceed
 1142  the maximum allowable gross weight, the maximum fine for the
 1143  first 600 pounds of unlawful axle weight is shall be $10;
 1144         (c) For a vehicle equipped with fully functional idle
 1145  reduction technology, any penalty shall be calculated by
 1146  reducing the actual gross vehicle weight or the internal bridge
 1147  weight by the certified weight of the idle-reduction technology
 1148  or by 550 400 pounds, whichever is less. The vehicle operator
 1149  must present written certification of the weight of the idle
 1150  reduction technology and must demonstrate or certify that the
 1151  idle-reduction technology is fully functional at all times. This
 1152  calculation is not allowed for vehicles described in s.
 1153  316.535(6);
 1154         (d) An apportioned motor vehicle, as defined in s. 320.01,
 1155  operating on the highways of this state without being properly
 1156  licensed and registered shall be subject to the penalties as
 1157  herein provided in this section; and
 1158         (e) Vehicles operating on the highways of this state from
 1159  nonmember International Registration Plan jurisdictions which
 1160  are not in compliance with the provisions of s. 316.605 shall be
 1161  subject to the penalties as herein provided in this section.
 1162         Section 23. Section 331.360, Florida Statutes, is reordered
 1163  and amended to read:
 1164         331.360 Joint participation agreement or assistance;
 1165  Spaceport system master plan.—
 1166         (2)(1)It shall be the duty, function, and responsibility
 1167  of The department shall of Transportation to promote the further
 1168  development and improvement of aerospace transportation
 1169  facilities; to address intermodal requirements and impacts of
 1170  the launch ranges, spaceports, and other space transportation
 1171  facilities; to assist in the development of joint-use facilities
 1172  and technology that support aviation and aerospace operations;
 1173  to coordinate and cooperate in the development of spaceport
 1174  infrastructure and related transportation facilities contained
 1175  in the Strategic Intermodal System Plan; to encourage, where
 1176  appropriate, the cooperation and integration of airports and
 1177  spaceports in order to meet transportation-related needs; and to
 1178  facilitate and promote cooperative efforts between federal and
 1179  state government entities to improve space transportation
 1180  capacity and efficiency. In carrying out this duty and
 1181  responsibility, the department may assist and advise, cooperate
 1182  with, and coordinate with federal, state, local, or private
 1183  organizations and individuals. The department may
 1184  administratively house its space transportation responsibilities
 1185  within an existing division or office.
 1186         (3)(2) Notwithstanding any other provision of law, the
 1187  department of Transportation may enter into an a joint
 1188  participation agreement with, or otherwise assist, Space Florida
 1189  as necessary to effectuate the provisions of this chapter and
 1190  may allocate funds for such purposes in its 5-year work program.
 1191  However, the department may not fund the administrative or
 1192  operational costs of Space Florida.
 1193         (1)(3) Space Florida shall develop a spaceport system
 1194  master plan that identifies statewide spaceport goals and the
 1195  need for expansion and modernization of space transportation
 1196  facilities within spaceport territories as defined in s.
 1197  331.303. The plan must shall contain recommended projects that
 1198  to meet current and future commercial, national, and state space
 1199  transportation requirements. Space Florida shall submit the plan
 1200  to each any appropriate metropolitan planning organization for
 1201  review of intermodal impacts. Space Florida shall submit the
 1202  spaceport system master plan to the department of
 1203  Transportation, which may include those portions of the system
 1204  plan which are relevant to the Department of Transportation’s
 1205  mission and such plan may be included within the department’s 5
 1206  year work program of qualifying projects aerospace discretionary
 1207  capacity improvement under subsection (4). The plan must shall
 1208  identify appropriate funding levels for each project and include
 1209  recommendations on appropriate sources of revenue that may be
 1210  developed to contribute to the State Transportation Trust Fund.
 1211         (4)(a) Beginning in fiscal year 2013-2014, a minimum of $15
 1212  million annually is authorized to be made available from the
 1213  State Transportation Trust Fund to fund space transportation
 1214  projects. The funds for this initiative shall be from the funds
 1215  dedicated to public transportation projects pursuant to s.
 1216  206.46(3).
 1217         (b) Before executing an agreement, Space Florida must
 1218  provide project-specific information to the department in order
 1219  to demonstrate that the project includes transportation and
 1220  aerospace benefits. The project-specific information must
 1221  include, but need not be limited to:
 1222         1. The description, characteristics, and scope of the
 1223  project.
 1224         2. The funding sources for and costs of the project.
 1225         3. The financing considerations that emphasize federal,
 1226  local, and private participation.
 1227         4. A financial feasibility and risk analysis, including a
 1228  description of the efforts to protect the state’s investment and
 1229  to ensure that project goals are realized.
 1230         5. A demonstration that the project will encourage,
 1231  enhance, or create economic benefits for the state.
 1232         (c) The department may fund up to 50 percent of eligible
 1233  project costs. If the project meets the following criteria, the
 1234  department may fund up to 100 percent of eligible project costs.
 1235  The project must:
 1236         1. Provide important access and on-spaceport capacity
 1237  improvements;
 1238         2. Provide capital improvements to strategically position
 1239  the state to maximize opportunities in the aerospace industry or
 1240  foster growth and development of a sustainable and world-leading
 1241  aerospace industry in the state;
 1242         3. Meet state goals of an integrated intermodal
 1243  transportation system; and
 1244         4. Demonstrate the feasibility and availability of matching
 1245  funds through federal, local, or private partners Subject to the
 1246  availability of appropriated funds, the department may
 1247  participate in the capital cost of eligible spaceport
 1248  discretionary capacity improvement projects. The annual
 1249  legislative budget request shall be based on the proposed
 1250  funding requested for approved spaceport discretionary capacity
 1251  improvement projects.
 1252         Section 24. Subsection (11) is added to section 332.007,
 1253  Florida Statutes, to read:
 1254         332.007 Administration and financing of aviation and
 1255  airport programs and projects; state plan.—
 1256         (11) The department may fund strategic airport investment
 1257  projects at up to 100 percent of the project’s cost if all the
 1258  following criteria are met:
 1259         (a) Important access and on-airport capacity improvements
 1260  are provided.
 1261         (b) Capital improvements that strategically position the
 1262  state to maximize opportunities in international trade,
 1263  logistics, and the aviation industry are provided.
 1264         (c)Goals of an integrated intermodal transportation system
 1265  for the state are achieved.
 1266         (d) Feasibility and availability of matching funds through
 1267  federal, local, or private partners are demonstrated.
 1268         Section 25. Subsection (16) of section 334.044, Florida
 1269  Statutes, is amended to read:
 1270         334.044 Department; powers and duties.—The department shall
 1271  have the following general powers and duties:
 1272         (16) To plan, acquire, lease, construct, maintain, and
 1273  operate toll facilities; to authorize the issuance and refunding
 1274  of bonds; and to fix and collect tolls or other charges for
 1275  travel on any such facilities. Effective July 1, 2013, and
 1276  notwithstanding any other law to the contrary, the department
 1277  may not enter into a lease-purchase agreement with an expressway
 1278  authority, regional transportation authority, or other entity.
 1279  This provision does not invalidate a lease-purchase agreement
 1280  authorized under chapter 348 or chapter 2000-411, Laws of
 1281  Florida, and existing as of July 1, 2013, and does not limit the
 1282  department’s authority under s. 334.30.
 1283         Section 26. Subsection (13) of section 337.11, Florida
 1284  Statutes, is amended to read:
 1285         337.11 Contracting authority of department; bids; emergency
 1286  repairs, supplemental agreements, and change orders; combined
 1287  design and construction contracts; progress payments; records;
 1288  requirements of vehicle registration.—
 1289         (13) Each contract let by the department for the
 1290  performance of road or bridge construction or maintenance work
 1291  shall require contain a provision requiring the contractor to
 1292  provide proof to the department, in the form of a notarized
 1293  affidavit from the contractor, that all motor vehicles that the
 1294  contractor he or she operates or causes to be operated in this
 1295  state to be are registered in compliance with chapter 320.
 1296         Section 27. Subsection (1) of section 337.14, Florida
 1297  Statutes, is amended to read:
 1298         337.14 Application for qualification; certificate of
 1299  qualification; restrictions; request for hearing.—
 1300         (1) A Any person who desires desiring to bid for the
 1301  performance of any construction contract with a proposed budget
 1302  estimate in excess of $250,000 which the department proposes to
 1303  let must first be certified by the department as qualified
 1304  pursuant to this section and rules of the department. The rules
 1305  of the department must shall address the qualification of a
 1306  person persons to bid on construction contracts with a proposed
 1307  budget estimate that is in excess of $250,000 and must shall
 1308  include requirements with respect to the equipment, past record,
 1309  experience, financial resources, and organizational personnel of
 1310  the applicant necessary to perform the specific class of work
 1311  for which the person seeks certification. The department may
 1312  limit the dollar amount of any contract upon which a person is
 1313  qualified to bid or the aggregate total dollar volume of
 1314  contracts such person may is allowed to have under contract at
 1315  any one time. Each applicant who seeks seeking qualification to
 1316  bid on construction contracts with a proposed budget estimate in
 1317  excess of $250,000 must shall furnish the department a statement
 1318  under oath, on such forms as the department may prescribe,
 1319  setting forth detailed information as required on the
 1320  application. Each application for certification must shall be
 1321  accompanied by the latest annual financial statement of the
 1322  applicant completed within the last 12 months. If the
 1323  application or the annual financial statement shows the
 1324  financial condition of the applicant more than 4 months before
 1325  prior to the date on which the application is received by the
 1326  department, then an interim financial statement must be
 1327  submitted and be accompanied by an updated application. The
 1328  interim financial statement must cover the period from the end
 1329  date of the annual statement and must show the financial
 1330  condition of the applicant no more than 4 months before prior to
 1331  the date the interim financial statement is received by the
 1332  department. However, upon request by the applicant, an
 1333  application and accompanying annual or interim financial
 1334  statement received by the department within 15 days after either
 1335  4-month period provided pursuant to under this subsection must
 1336  shall be considered timely. Each required annual or interim
 1337  financial statement must be audited and accompanied by the
 1338  opinion of a certified public accountant. An applicant desiring
 1339  to bid exclusively for the performance of construction contracts
 1340  with proposed budget estimates of less than $1 million may
 1341  submit reviewed annual or reviewed interim financial statements
 1342  prepared by a certified public accountant. The information
 1343  required by this subsection is confidential and exempt from the
 1344  provisions of s. 119.07(1). The department shall act upon the
 1345  application for qualification within 30 days after the
 1346  department determines that the application is complete. The
 1347  department may waive the requirements of this subsection for
 1348  projects having a contract price of $500,000 or less if the
 1349  department determines that the project is of a noncritical
 1350  nature and the waiver will not endanger public health, safety,
 1351  or property.
 1352         Section 28. Subsection (2) of section 337.168, Florida
 1353  Statutes, is amended to read:
 1354         337.168 Confidentiality of official estimates, identities
 1355  of potential bidders, and bid analysis and monitoring system.—
 1356         (2) A document that reveals revealing the identity of a
 1357  person who has persons who have requested or obtained a bid
 1358  package, plan packages, plans, or specifications pertaining to
 1359  any project to be let by the department is confidential and
 1360  exempt from the provisions of s. 119.07(1) for the period that
 1361  which begins 2 working days before prior to the deadline for
 1362  obtaining bid packages, plans, or specifications and ends with
 1363  the letting of the bid. A document that reveals the identity of
 1364  a person who has requested or obtained a bid package, plan, or
 1365  specifications pertaining to any project to be let by the
 1366  department before the 2 working days before the deadline for
 1367  obtaining bid packages, plans, or specifications remains a
 1368  public record subject to the provisions of s. 119.07(1).
 1369         Section 29. Subsection (2) of section 337.251, Florida
 1370  Statutes, is amended to read:
 1371         337.251 Lease of property for joint public-private
 1372  development and areas above or below department property.—
 1373         (2) The department may request proposals for the lease of
 1374  such property or, if the department receives a proposal for to
 1375  negotiate a lease of a particular department property that the
 1376  department desires to consider, the department must it shall
 1377  publish a notice in a newspaper of general circulation at least
 1378  once a week for 2 weeks, stating that it has received the
 1379  proposal and will accept, for 120 60 days after the date of
 1380  publication, other proposals for lease of the particular
 1381  property use of the space. A copy of the notice must be mailed
 1382  to each local government in the affected area. The department
 1383  shall, by rule, establish an application fee for the submission
 1384  of proposals pursuant to this section. The fee must be
 1385  sufficient to pay the anticipated costs of evaluating the
 1386  proposals. The department may engage the services of private
 1387  consultants to assist in the evaluation. Before approval, the
 1388  department must determine that the proposed lease:
 1389         (a) Is in the public’s best interest;
 1390         (b) Does not require state funds to be used; and
 1391         (c) Has adequate safeguards in place to ensure that no
 1392  additional costs are borne and no service disruptions are
 1393  experienced by the traveling public and residents of the state
 1394  in the event of default by the private lessee or upon
 1395  termination or expiration of the lease.
 1396         Section 30. Subsection (1) of section 337.408, Florida
 1397  Statutes, is amended to read:
 1398         337.408 Regulation of bus stops, benches, transit shelters,
 1399  street light poles, waste disposal receptacles, and modular news
 1400  racks within rights-of-way.—
 1401         (1)(a) Benches or transit shelters, including advertising
 1402  displayed on benches or transit shelters, may be installed
 1403  within the right-of-way limits of any municipal, county, or
 1404  state road, except a limited access highway, provided that the
 1405  such benches or transit shelters are for the comfort or
 1406  convenience of the general public or are at designated stops on
 1407  official bus routes and provided that written authorization has
 1408  been given to a qualified private supplier of the such service
 1409  by the municipal government within whose incorporated limits the
 1410  such benches or transit shelters are installed or by the county
 1411  government within whose unincorporated limits the such benches
 1412  or transit shelters are installed. A municipality or county may
 1413  authorize the installation, without public bid, of benches and
 1414  transit shelters together with advertising displayed thereon
 1415  within the right-of-way limits of the such roads. All
 1416  installations must shall be in compliance with all applicable
 1417  laws and rules, including, without limitation, the Americans
 1418  with Disabilities Act. A person who installs or has installed a
 1419  transit shelter or a bus bench Municipalities and counties that
 1420  authorize or have authorized a bench or transit shelter to be
 1421  installed within the right-of-way limits of any road on the
 1422  State Highway System is shall be responsible for ensuring that
 1423  the bench or transit shelter complies with the all applicable
 1424  laws and rules, including, without limitation, the Americans
 1425  with Disabilities Act, or shall remove the bench or transit
 1426  shelter. The department is not liable shall have no liability
 1427  for any claims, losses, costs, charges, expenses, damages,
 1428  liabilities, attorney fees, or court costs relating to the
 1429  installation, removal, or relocation of any benches or transit
 1430  shelters authorized by a municipality or county. If the
 1431  department determines that a bench or transit shelter
 1432  installation within the right-of-way limits of any road on the
 1433  State Highway System does not comply with the applicable laws
 1434  and rules, the owner of the bench or transit shelter shall
 1435  remove the bench or transit shelter or bring the bench or
 1436  shelter installation into compliance within 60 days after
 1437  receiving notice from the department. If the bench or transit
 1438  shelter is not removed, the department may, but is not required
 1439  to, remove the bench or transit shelter and assess the cost of
 1440  the removal against the owner of the bench or transit shelter.
 1441         (b) On or before December 31, 2013, each owner of a bench
 1442  or transit shelter installed at any location within the right
 1443  of-way limits of any road on the State Highway System must
 1444  provide to the department a written inventory of the location of
 1445  each bench or transit shelter. On and after July 1, 2013, each
 1446  owner of a new bench or transit shelter that will be installed
 1447  within the right-of-way limits of any road on the State Highway
 1448  System shall identify, in writing, the location of the new
 1449  installation to the department before installing the bench or
 1450  transit shelter. On or after January 1, 2014, the department
 1451  may, but is not required to, remove any unidentified bench or
 1452  transit shelter within the right-of-way limits of any road on
 1453  the State Highway System, and assess the cost of removal against
 1454  the owner of the bench or transit shelter.
 1455         (c) On and after July 1, 2013 2012, a municipality or
 1456  county that authorizes a bench or transit shelter to be
 1457  installed within the right-of-way limits of any road on the
 1458  State Highway System must require the qualified private
 1459  supplier, or any other person under contract to install the
 1460  bench or transit shelter, to indemnify, defend, and hold
 1461  harmless the department from any suits, actions, proceedings,
 1462  claims, losses, costs, charges, expenses, damages, liabilities,
 1463  attorney fees, and court costs relating to the installation,
 1464  removal, or relocation of such installations, and to maintain
 1465  liability insurance in the minimum amount of $1 million with
 1466  supplemental liability insurance in the minimum amount of an
 1467  additional $4 million. Each insurance policy must name the
 1468  department as an additional insured and a certificate of
 1469  insurance shall be furnished to the department before the
 1470  installation of any bench or transit shelter, and annually after
 1471  the initial installation. The certificate of insurance must
 1472  provide that the policy may not be modified, cancelled, or non
 1473  renewed without providing to the department and to the
 1474  municipality or county written notice 45 days before the
 1475  modification, cancellation, or non-renewal. Each insurance
 1476  policy must specifically include coverage for any alleged
 1477  violation of applicable law, including, but not limited to, the
 1478  Americans with Disabilities Act. The requirements of this
 1479  paragraph do not apply to transit shelters installed by public
 1480  transit providers at designated stops on official transit routes
 1481  shall annually certify to the department in a notarized signed
 1482  statement that this requirement has been met. The certification
 1483  shall include the name and address of each person responsible
 1484  for indemnifying the department for an authorized installation.
 1485         (d) Municipalities and counties that have authorized the
 1486  installation of benches or transit shelters within the right-of
 1487  way limits of any road on the State Highway System must remove
 1488  or relocate, or cause the removal or relocation of, the
 1489  installation at no cost to the department within 60 days after
 1490  written notice by the department that the installation is
 1491  unreasonably interfering in any way with the convenient, safe,
 1492  or continuous use of or the maintenance, improvement, extension,
 1493  or expansion of the State Highway System road.
 1494         (e) Any contract for the installation of benches or transit
 1495  shelters or advertising on benches or transit shelters which was
 1496  entered into before April 8, 1992, without public bidding is
 1497  ratified and affirmed. The Such benches or transit shelters may
 1498  not interfere with right-of-way preservation and maintenance.
 1499         (f) Any bench or transit shelter located on a sidewalk
 1500  within the right-of-way limits of any road on the State Highway
 1501  System or the county road system must shall be located so as to
 1502  leave at least 36 inches of clearance for pedestrians and
 1503  persons in wheelchairs. The Such clearance must shall be
 1504  measured in a direction perpendicular to the centerline of the
 1505  road.
 1506         Section 31. Subsection (5) of section 338.161, Florida
 1507  Statutes, is amended to read:
 1508         338.161 Authority of department or toll agencies to
 1509  advertise and promote electronic toll collection; expanded uses
 1510  of electronic toll collection system; authority of department to
 1511  collect tolls, fares, and fees for private and public entities.—
 1512         (5) If the department finds that it can increase nontoll
 1513  revenues or add convenience or other value for its customers,
 1514  and if a public or private transportation facility owner agrees
 1515  that its facility will become interoperable with the
 1516  department’s electronic toll collection and video billing
 1517  systems, the department may is authorized to enter into an
 1518  agreement with the owner of such facility under which the
 1519  department uses private or public entities for the department’s
 1520  use of its electronic toll collection and video billing systems
 1521  to collect and enforce for the owner tolls, fares,
 1522  administrative fees, and other applicable charges due imposed in
 1523  connection with use of the owner’s facility transportation
 1524  facilities of the private or public entities that become
 1525  interoperable with the department’s electronic toll collection
 1526  system. The department may modify its rules regarding toll
 1527  collection procedures and the imposition of administrative
 1528  charges to be applicable to toll facilities that are not part of
 1529  the turnpike system or otherwise owned by the department. This
 1530  subsection may not be construed to limit the authority of the
 1531  department under any other provision of law or under any
 1532  agreement entered into before prior to July 1, 2012.
 1533         Section 32. Subsection (4) of section 338.165, Florida
 1534  Statutes, is amended to read:
 1535         338.165 Continuation of tolls.—
 1536         (4) Notwithstanding any other law to the contrary, pursuant
 1537  to s. 11, Art. VII of the State Constitution, and subject to the
 1538  requirements of subsection (2), the Department of Transportation
 1539  may request the Division of Bond Finance to issue bonds secured
 1540  by toll revenues collected on the Alligator Alley, the Sunshine
 1541  Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
 1542  and the Pinellas Bayway to fund transportation projects located
 1543  within the county or counties in which the revenue-producing
 1544  project is located and contained in the adopted work program of
 1545  the department.
 1546         Section 33. Subsections (3) and (4) of section 338.26,
 1547  Florida Statutes, are amended to read:
 1548         338.26 Alligator Alley toll road.—
 1549         (3) Fees generated from tolls shall be deposited in the
 1550  State Transportation Trust Fund, and any amount of funds
 1551  generated annually in excess of that required to reimburse
 1552  outstanding contractual obligations, to operate and maintain the
 1553  highway and toll facilities, including reconstruction and
 1554  restoration, to pay for those projects that are funded with
 1555  Alligator Alley toll revenues and that are contained in the
 1556  1993-1994 adopted work program or the 1994-1995 tentative work
 1557  program submitted to the Legislature on February 22, 1994, and
 1558  to design and construct develop and operate a fire station at
 1559  mile marker 63 on Alligator Alley, which may be used by Collier
 1560  County or other appropriate local governmental entity to provide
 1561  fire, rescue, and emergency management services to the adjacent
 1562  counties along Alligator Alley, may be transferred to the
 1563  Everglades Fund of the South Florida Water Management District
 1564  in accordance with the memorandum of understanding of June 30,
 1565  1997, between the district and the department. The South Florida
 1566  Water Management District shall deposit funds for projects
 1567  undertaken pursuant to s. 373.4592 in the Everglades Trust Fund
 1568  pursuant to s. 373.45926(4)(a). Any funds remaining in the
 1569  Everglades Fund may be used for environmental projects to
 1570  restore the natural values of the Everglades, subject to
 1571  compliance with any applicable federal laws and regulations.
 1572  Projects must shall be limited to:
 1573         (a) Highway redesign to allow for improved sheet flow of
 1574  water across the southern Everglades.
 1575         (b) Water conveyance projects to enable more water
 1576  resources to reach Florida Bay to replenish marine estuary
 1577  functions.
 1578         (c) Engineering design plans for wastewater treatment
 1579  facilities as recommended in the Water Quality Protection
 1580  Program Document for the Florida Keys National Marine Sanctuary.
 1581         (d) Acquisition of lands to move STA 3/4 out of the Toe of
 1582  the Boot, provided such lands are located within 1 mile of the
 1583  northern border of STA 3/4.
 1584         (e) Other Everglades Construction Projects as described in
 1585  the February 15, 1994, conceptual design document.
 1586         (4) The district may issue revenue bonds or notes under s.
 1587  373.584 and pledge the revenue from the transfers from the
 1588  Alligator Alley toll revenues as security for such bonds or
 1589  notes. The proceeds from such revenue bonds or notes shall be
 1590  used for environmental projects; at least 50 percent of said
 1591  proceeds must be used for projects that benefit Florida Bay, as
 1592  described in this section subject to resolutions approving such
 1593  activity by the Board of Trustees of the Internal Improvement
 1594  Trust Fund and the governing board of the South Florida Water
 1595  Management District and the remaining proceeds must be used for
 1596  restoration activities in the Everglades Protection Area.
 1597         Section 34. Subsections (2) through (4) of section 339.175,
 1598  Florida Statutes, are amended to read:
 1599         339.175 Metropolitan planning organization.—
 1600         (2) DESIGNATION.—
 1601         (a)1. An M.P.O. shall be designated for each urbanized area
 1602  of the state; however, this does not require that an individual
 1603  M.P.O. be designated for each such area. The M.P.O. Such
 1604  designation shall be accomplished by agreement between the
 1605  Governor and units of general-purpose local government that
 1606  together represent representing at least 75 percent of the
 1607  population, including the largest incorporated municipality,
 1608  based on population, of the urbanized area; however, the unit of
 1609  general-purpose local government that represents the central
 1610  city or cities within the M.P.O. jurisdiction, as named defined
 1611  by the United States Bureau of the Census, must be a party to
 1612  such agreement.
 1613         2. To the extent possible, only one M.P.O. shall be
 1614  designated for each urbanized area or group of contiguous
 1615  urbanized areas. More than one M.P.O. may be designated within
 1616  an existing urbanized area only if the Governor and the existing
 1617  M.P.O. determine that the size and complexity of the existing
 1618  urbanized area makes the designation of more than one M.P.O. for
 1619  the area appropriate.
 1620         (b) Each M.P.O. designated in a manner prescribed by Title
 1621  23 of the United States Code shall be created and operated under
 1622  the provisions of this section pursuant to an interlocal
 1623  agreement entered into pursuant to s. 163.01. The signatories to
 1624  the interlocal agreement shall be the department and the
 1625  governmental entities designated by the Governor for membership
 1626  on the M.P.O. Each M.P.O. shall be considered separate from the
 1627  state or the governing body of a local government that is
 1628  represented on the governing board of the M.P.O. or that is a
 1629  signatory to the interlocal agreement creating the M.P.O. and
 1630  shall have such powers and privileges that are provided under s.
 1631  163.01. If there is a conflict between this section and s.
 1632  163.01, this section prevails.
 1633         (c) The jurisdictional boundaries of an M.P.O. shall be
 1634  determined by agreement between the Governor and the applicable
 1635  M.P.O. The boundaries must include at least the metropolitan
 1636  planning area, which is the existing urbanized area and the
 1637  contiguous area expected to become urbanized within a 20-year
 1638  forecast period, and may encompass the entire metropolitan
 1639  statistical area or the consolidated metropolitan statistical
 1640  area.
 1641         (d) In the case of an urbanized area designated as a
 1642  nonattainment area for ozone or carbon monoxide under the Clean
 1643  Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
 1644  metropolitan planning area in existence as of the date of
 1645  enactment of this paragraph shall be retained, except that the
 1646  boundaries may be adjusted by agreement of the Governor and
 1647  affected metropolitan planning organizations in the manner
 1648  described in this section. If more than one M.P.O. has authority
 1649  within a metropolitan area or an area that is designated as a
 1650  nonattainment area, each M.P.O. shall consult with other
 1651  M.P.O.’s designated for such area and with the state in the
 1652  coordination of plans and programs required by this section.
 1653         (e) The governing body of the M.P.O. shall designate, at a
 1654  minimum, a chair, vice chair, and agency clerk. The chair and
 1655  vice chair shall be selected from among the member delegates
 1656  comprising the governing board. The agency clerk shall be
 1657  charged with the responsibility of preparing meeting minutes and
 1658  maintaining agency records. The clerk shall be a member of the
 1659  M.P.O. governing board, an employee of the M.P.O., or other
 1660  natural person.
 1661  
 1662  Each M.P.O. required under this section must be fully operative
 1663  no later than 6 months following its designation.
 1664         (3) VOTING MEMBERSHIP.—
 1665         (a) The voting membership of an M.P.O. shall consist of not
 1666  fewer than 5 or more than 19 apportioned members, the exact
 1667  number to be determined on an equitable geographic-population
 1668  ratio basis by the Governor, based on an agreement among the
 1669  affected units of general-purpose local government and the
 1670  Governor as required by federal rules and regulations. The
 1671  voting membership of an M.P.O. that is redesignated after the
 1672  effective date of this act as a result of the expansion of the
 1673  M.P.O. to include a new urbanized area or the consolidation of
 1674  two or more M.P.O.’s within a single urbanized area may consist
 1675  of no more than 25 members. The Governor, in accordance with 23
 1676  U.S.C. s. 134, may also provide for M.P.O. members who represent
 1677  municipalities to alternate with representatives from other
 1678  municipalities within the metropolitan planning area that do not
 1679  have members on the M.P.O. County commission members shall
 1680  compose not less than one-third of the M.P.O. membership, except
 1681  for an M.P.O. with more than 15 members located in a county with
 1682  a 5-member county commission or an M.P.O. with 19 members
 1683  located in a county with no more than 6 county commissioners, in
 1684  which case county commission members may compose less than one
 1685  third percent of the M.P.O. membership, but all county
 1686  commissioners must be members. All voting members shall be
 1687  elected officials of general-purpose local governments, except
 1688  that an M.P.O. may include, as part of its apportioned voting
 1689  members, a member of a statutorily authorized planning board, an
 1690  official of an agency that operates or administers a major mode
 1691  of transportation, or an official of Space Florida. As used in
 1692  this section, the term “elected officials of a general-purpose
 1693  local government” excludes shall exclude constitutional
 1694  officers, including sheriffs, tax collectors, supervisors of
 1695  elections, property appraisers, clerks of the court, and similar
 1696  types of officials. County commissioners shall compose not less
 1697  than 20 percent of the M.P.O. membership if an official of an
 1698  agency that operates or administers a major mode of
 1699  transportation has been appointed to an M.P.O.
 1700         (b) In metropolitan areas in which authorities or other
 1701  agencies have been or may be created by law to perform
 1702  transportation functions and are performing transportation
 1703  functions that are not under the jurisdiction of a general
 1704  purpose local government represented on the M.P.O., they may
 1705  shall be provided voting membership on the M.P.O. In all other
 1706  M.P.O.’s where transportation authorities or agencies are to be
 1707  represented by elected officials from general-purpose local
 1708  governments, the M.P.O. shall establish a process by which the
 1709  collective interests of such authorities or other agencies are
 1710  expressed and conveyed.
 1711         (c) Any other provision of this section to the contrary
 1712  notwithstanding, a chartered county with a population of more
 1713  than over 1 million population may elect to reapportion the
 1714  membership of an M.P.O. whose jurisdiction is wholly within the
 1715  county. The charter county may exercise the provisions of this
 1716  paragraph if:
 1717         1. The M.P.O. approves the reapportionment plan by a three
 1718  fourths vote of its membership;
 1719         2. The M.P.O. and the charter county determine that the
 1720  reapportionment plan is needed to fulfill specific goals and
 1721  policies applicable to that metropolitan planning area; and
 1722         3. The charter county determines the reapportionment plan
 1723  otherwise complies with all federal requirements pertaining to
 1724  M.P.O. membership.
 1725  
 1726  A Any charter county that elects to exercise the provisions of
 1727  this paragraph shall notify the Governor in writing.
 1728         (d) Any other provision of this section to the contrary
 1729  notwithstanding, a any county chartered under s. 6(e), Art. VIII
 1730  of the State Constitution may elect to have its county
 1731  commission serve as the M.P.O., if the M.P.O. jurisdiction is
 1732  wholly contained within the county. A Any charter county that
 1733  elects to exercise the provisions of this paragraph shall so
 1734  notify the Governor in writing. Upon receipt of the such
 1735  notification, the Governor must designate the county commission
 1736  as the M.P.O. The Governor must appoint four additional voting
 1737  members to the M.P.O., one of whom must be an elected official
 1738  representing a municipality within the county, one of whom must
 1739  be an expressway authority member, one of whom must be a person
 1740  who does not hold elected public office and who resides in the
 1741  unincorporated portion of the county, and one of whom must be a
 1742  school board member.
 1743         (4) APPORTIONMENT.—
 1744         (a) Each M.P.O. in the state shall review the composition
 1745  of its membership in conjunction with the decennial census, as
 1746  prepared by the United States Department of Commerce, Bureau of
 1747  the Census, and, with the agreement of the affected units of
 1748  general-purpose local government and the Governor, reapportion
 1749  the membership as necessary to comply with subsection (3) The
 1750  Governor shall, with the agreement of the affected units of
 1751  general-purpose local government as required by federal rules
 1752  and regulations, apportion the membership on the applicable
 1753  M.P.O. among the various governmental entities within the area.
 1754         (b) At the request of a majority of the affected units of
 1755  general-purpose local government comprising an M.P.O., the
 1756  Governor and a majority of units of general-purpose local
 1757  government serving on an M.P.O. shall cooperatively agree upon
 1758  and prescribe who may serve as an alternate member and a method
 1759  for appointing alternate members who may vote at any M.P.O.
 1760  meeting that an alternate member attends in place of a regular
 1761  member. The method must shall be set forth as a part of the
 1762  interlocal agreement describing the M.P.O.’s membership or in
 1763  the M.P.O.’s operating procedures and bylaws. The governmental
 1764  entity so designated shall appoint the appropriate number of
 1765  members to the M.P.O. from eligible officials. Representatives
 1766  of the department shall serve as nonvoting advisers to the
 1767  M.P.O. governing board. Additional nonvoting advisers may be
 1768  appointed by the M.P.O. as deemed necessary; however, to the
 1769  maximum extent feasible, each M.P.O. shall seek to appoint
 1770  nonvoting representatives of various multimodal forms of
 1771  transportation not otherwise represented by voting members of
 1772  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 1773  representing major military installations located within the
 1774  jurisdictional boundaries of the M.P.O. upon the request of the
 1775  aforesaid major military installations and subject to the
 1776  agreement of the M.P.O. All nonvoting advisers may attend and
 1777  participate fully in governing board meetings but may not vote
 1778  or be members of the governing board. The Governor shall review
 1779  the composition of the M.P.O. membership in conjunction with the
 1780  decennial census as prepared by the United States Department of
 1781  Commerce, Bureau of the Census, and reapportion it as necessary
 1782  to comply with subsection (3).
 1783         (c)(b) Except for members who represent municipalities on
 1784  the basis of alternating with representatives from other
 1785  municipalities that do not have members on the M.P.O. as
 1786  provided in paragraph (3)(a), the members of an M.P.O. shall
 1787  serve 4-year terms. Members who represent municipalities on the
 1788  basis of alternating with representatives from other
 1789  municipalities that do not have members on the M.P.O. as
 1790  provided in paragraph (3)(a) may serve terms of up to 4 years as
 1791  further provided in the interlocal agreement described in
 1792  paragraph (2)(b). The membership of a member who is a public
 1793  official automatically terminates upon the member’s leaving his
 1794  or her elective or appointive office for any reason, or may be
 1795  terminated by a majority vote of the total membership of the
 1796  entity’s governing board represented by the member. A vacancy
 1797  shall be filled by the original appointing entity. A member may
 1798  be reappointed for one or more additional 4-year terms.
 1799         (d)(c) If a governmental entity fails to fill an assigned
 1800  appointment to an M.P.O. within 60 days after notification by
 1801  the Governor of its duty to appoint, that appointment must shall
 1802  be made by the Governor from the eligible representatives of
 1803  that governmental entity.
 1804         Section 35. Paragraph (a) of subsection (1) and subsections
 1805  (4) and (5) of section 339.2821, Florida Statutes, are amended
 1806  to read:
 1807         339.2821 Economic development transportation projects.—
 1808         (1)(a) The department, in consultation with the Department
 1809  of Economic Opportunity and Enterprise Florida, Inc., may make
 1810  and approve expenditures and contract with the appropriate
 1811  governmental body for the direct costs of transportation
 1812  projects. The Department of Economic Opportunity and the
 1813  Department of Environmental Protection may formally review and
 1814  comment on recommended transportation projects, although the
 1815  department has final approval authority for any project
 1816  authorized under this section.
 1817         (4) A contract between the department and a governmental
 1818  body for a transportation project must:
 1819         (a) Specify that the transportation project is for the
 1820  construction of a new or expanding business and specify the
 1821  number of full-time permanent jobs that will result from the
 1822  project.
 1823         (b) Identify the governmental body and require that the
 1824  governmental body award the construction of the particular
 1825  transportation project to the lowest and best bidder in
 1826  accordance with applicable state and federal statutes or rules
 1827  unless the transportation project can be constructed using
 1828  existing local governmental employees within the contract period
 1829  specified by the department.
 1830         (c) Require that the governmental body provide the
 1831  department with quarterly progress reports. Each quarterly
 1832  progress report must contain:
 1833         1. A narrative description of the work completed and
 1834  whether the work is proceeding according to the transportation
 1835  project schedule;
 1836         2. A description of each change order executed by the
 1837  governmental body;
 1838         3. A budget summary detailing planned expenditures compared
 1839  to actual expenditures; and
 1840         4. The identity of each small or minority business used as
 1841  a contractor or subcontractor.
 1842         (d) Require that the governmental body make and maintain
 1843  records in accordance with accepted governmental accounting
 1844  principles and practices for each progress payment made for work
 1845  performed in connection with the transportation project, each
 1846  change order executed by the governmental body, and each payment
 1847  made pursuant to a change order. The records are subject to
 1848  financial audit as required by law.
 1849         (e) Require that the governmental body, upon completion and
 1850  acceptance of the transportation project, certify to the
 1851  department that the transportation project has been completed in
 1852  compliance with the terms and conditions of the contract between
 1853  the department and the governmental body and meets the minimum
 1854  construction standards established in accordance with s.
 1855  336.045.
 1856         (f) Specify that the department transfer funds will not be
 1857  transferred to the governmental body unless construction has
 1858  begun on the facility of the not more often than quarterly, upon
 1859  receipt of a request for funds from the governmental body and
 1860  consistent with the needs of the transportation project. The
 1861  governmental body shall expend funds received from the
 1862  department in a timely manner. The department may not transfer
 1863  funds unless construction has begun on the facility of a
 1864  business on whose behalf the award was made. If construction of
 1865  the transportation project does not begin within 4 years after
 1866  the date of the initial grant award, the grant award is
 1867  terminated A contract totaling less than $200,000 is exempt from
 1868  the transfer requirement.
 1869         (g) Require that funds be used only on a transportation
 1870  project that has been properly reviewed and approved in
 1871  accordance with the criteria set forth in this section.
 1872         (h) Require that the governing board of the governmental
 1873  body adopt a resolution accepting future maintenance and other
 1874  attendant costs occurring after completion of the transportation
 1875  project if the transportation project is constructed on a county
 1876  or municipal system.
 1877         (5) For purposes of this section, Space Florida may serve
 1878  as the governmental body or as the contracting agency for a
 1879  transportation project within a spaceport territory as defined
 1880  by s. 331.304.
 1881         Section 36. Paragraphs (a) and (c) of subsection (2) and
 1882  paragraph (i) of subsection (7) of section 339.55, Florida
 1883  Statutes, are amended to read:
 1884         339.55 State-funded infrastructure bank.—
 1885         (2) The bank may lend capital costs or provide credit
 1886  enhancements for:
 1887         (a) A transportation facility project that is on the State
 1888  Highway System or that provides for increased mobility on the
 1889  state’s transportation system or provides intermodal
 1890  connectivity with airports, seaports, spaceports, rail
 1891  facilities, and other transportation terminals, pursuant to s.
 1892  341.053, for the movement of people and goods.
 1893         (c)1. Emergency loans for damages incurred to public-use
 1894  commercial deepwater seaports, public-use airports, public-use
 1895  spaceports, and other public-use transit and intermodal
 1896  facilities that are within an area that is part of an official
 1897  state declaration of emergency pursuant to chapter 252 and all
 1898  other applicable laws. Such loans:
 1899         a. May not exceed 24 months in duration except in extreme
 1900  circumstances, for which the Secretary of Transportation may
 1901  grant up to 36 months upon making written findings specifying
 1902  the conditions requiring a 36-month term.
 1903         b. Require application from the recipient to the department
 1904  that includes documentation of damage claims filed with the
 1905  Federal Emergency Management Agency or an applicable insurance
 1906  carrier and documentation of the recipient’s overall financial
 1907  condition.
 1908         c. Are subject to approval by the Secretary of
 1909  Transportation and the Legislative Budget Commission.
 1910         2. Loans provided under this paragraph must be repaid upon
 1911  receipt by the recipient of eligible program funding for damages
 1912  in accordance with the claims filed with the Federal Emergency
 1913  Management Agency or an applicable insurance carrier, but no
 1914  later than the duration of the loan.
 1915         (7) The department may consider, but is not limited to, the
 1916  following criteria for evaluation of projects for assistance
 1917  from the bank:
 1918         (i) The extent to which the project will provide for
 1919  connectivity between the State Highway System and airports,
 1920  seaports, spaceports, rail facilities, and other transportation
 1921  terminals and intermodal options pursuant to s. 341.053 for the
 1922  increased accessibility and movement of people and goods.
 1923         Section 37. Subsection (11) of section 341.031, Florida
 1924  Statutes, is amended to read:
 1925         341.031 Definitions relating to Florida Public Transit
 1926  Act.—As used in ss. 341.011-341.061, the term:
 1927         (11) “Intercity bus service” means regularly scheduled bus
 1928  service for the general public which operates with limited stops
 1929  over fixed routes connecting two or more urban areas not in
 1930  close proximity; has the capacity for transporting baggage
 1931  carried by passengers; and makes meaningful connections with
 1932  scheduled intercity bus service to more distant points, if such
 1933  service is available; maintains scheduled information in the
 1934  National Official Bus Guide; and provides package express
 1935  service incidental to passenger transportation.
 1936         Section 38. Section 341.053, Florida Statutes, is amended
 1937  to read:
 1938         341.053 Intermodal Development Program; administration;
 1939  eligible projects; limitations.—
 1940         (1) There is created within the Department of
 1941  Transportation an Intermodal Development Program to provide for
 1942  major capital investments in fixed-guideway transportation
 1943  systems, access to seaports, airports, spaceports, and other
 1944  transportation terminals, providing for the construction of
 1945  intermodal or multimodal terminals; and to plan or fund
 1946  construction of airport, spaceport, seaport, transit, and rail
 1947  projects that otherwise facilitate the intermodal or multimodal
 1948  movement of people and goods.
 1949         (2) The Intermodal Development Program shall be used for
 1950  projects that support statewide goals as outlined in the Florida
 1951  Transportation Plan, the Strategic Intermodal System Plan, the
 1952  Freight Mobility and Trade Plan, or the appropriate department
 1953  modal plan In recognition of the department’s role in the
 1954  economic development of this state, the department shall develop
 1955  a proposed intermodal development plan to connect Florida’s
 1956  airports, deepwater seaports, rail systems serving both
 1957  passenger and freight, and major intermodal connectors to the
 1958  Strategic Intermodal System highway corridors as the primary
 1959  system for the movement of people and freight in this state in
 1960  order to make the intermodal development plan a fully integrated
 1961  and interconnected system. The intermodal development plan must:
 1962         (a) Define and assess the state’s freight intermodal
 1963  network, including airports, seaports, rail lines and terminals,
 1964  intercity bus lines and terminals, and connecting highways.
 1965         (b) Prioritize statewide infrastructure investments,
 1966  including the acceleration of current projects, which are found
 1967  by the Freight Stakeholders Task Force to be priority projects
 1968  for the efficient movement of people and freight.
 1969         (c) Be developed in a manner that will assure maximum use
 1970  of existing facilities and optimum integration and coordination
 1971  of the various modes of transportation, including both
 1972  government-owned and privately owned resources, in the most
 1973  cost-effective manner possible.
 1974         (3) The Intermodal Development Program shall be
 1975  administered by the department.
 1976         (4) The department shall review funding requests from a
 1977  rail authority created pursuant to chapter 343. The department
 1978  may include projects of the authorities, including planning and
 1979  design, in the tentative work program.
 1980         (5) No single transportation authority operating a fixed
 1981  guideway transportation system, or single fixed-guideway
 1982  transportation system not administered by a transportation
 1983  authority, receiving funds under the Intermodal Development
 1984  Program shall receive more than 33 1/3 percent of the total
 1985  intermodal development funds appropriated between July 1, 1990,
 1986  and June 30, 2015. In determining the distribution of funds
 1987  under the Intermodal Development Program in any fiscal year, the
 1988  department shall assume that future appropriation levels will be
 1989  equal to the current appropriation level.
 1990         (6) The department may is authorized to fund projects
 1991  within the Intermodal Development Program, which are consistent,
 1992  to the maximum extent feasible, with approved local government
 1993  comprehensive plans of the units of local government in which
 1994  the project is located. Projects that are eligible for funding
 1995  under this program include planning studies, major capital
 1996  investments in public rail and fixed-guideway transportation or
 1997  freight facilities and systems which provide intermodal access;
 1998  road, rail, intercity bus service, or fixed-guideway access to,
 1999  from, or between seaports, airports, spaceports, intermodal
 2000  logistics centers, and other transportation terminals;
 2001  construction of intermodal or multimodal terminals, including
 2002  projects on airports, spaceports, intermodal logistics centers,
 2003  or seaports which assist in the movement or transfer of people
 2004  or goods; development and construction of dedicated bus lanes;
 2005  and projects which otherwise facilitate the intermodal or
 2006  multimodal movement of people and goods.
 2007         Section 39. Subsection (17) of section 341.302, Florida
 2008  Statutes, is amended to read:
 2009         341.302 Rail program; duties and responsibilities of the
 2010  department.—The department, in conjunction with other
 2011  governmental entities, including the rail enterprise and the
 2012  private sector, shall develop and implement a rail program of
 2013  statewide application designed to ensure the proper maintenance,
 2014  safety, revitalization, and expansion of the rail system to
 2015  assure its continued and increased availability to respond to
 2016  statewide mobility needs. Within the resources provided pursuant
 2017  to chapter 216, and as authorized under federal law, the
 2018  department shall:
 2019         (17) In conjunction with the acquisition, ownership,
 2020  construction, operation, maintenance, and management of a rail
 2021  corridor, have the authority to:
 2022         (a) Assume obligations pursuant to the following:
 2023         1.a. The department may assume the obligation by contract
 2024  to forever protect, defend, indemnify, and hold harmless the
 2025  freight rail operator, or its successors, from whom the
 2026  department has acquired a real property interest in the rail
 2027  corridor, and that freight rail operator’s officers, agents, and
 2028  employees, from and against any liability, cost, and expense,
 2029  including, but not limited to, commuter rail passengers and rail
 2030  corridor invitees in the rail corridor, regardless of whether
 2031  the loss, damage, destruction, injury, or death giving rise to
 2032  any such liability, cost, or expense is caused in whole or in
 2033  part, and to whatever nature or degree, by the fault, failure,
 2034  negligence, misconduct, nonfeasance, or misfeasance of such
 2035  freight rail operator, its successors, or its officers, agents,
 2036  and employees, or any other person or persons whomsoever; or
 2037         b. The department may assume the obligation by contract to
 2038  forever protect, defend, indemnify, and hold harmless National
 2039  Railroad Passenger Corporation, or its successors, and officers,
 2040  agents, and employees of National Railroad Passenger
 2041  Corporation, from and against any liability, cost, and expense,
 2042  including, but not limited to, commuter rail passengers and rail
 2043  corridor invitees in the rail corridor, regardless of whether
 2044  the loss, damage, destruction, injury, or death giving rise to
 2045  any such liability, cost, or expense is caused in whole or in
 2046  part, and to whatever nature or degree, by the fault, failure,
 2047  negligence, misconduct, nonfeasance, or misfeasance of National
 2048  Railroad Passenger Corporation, its successors, or its officers,
 2049  agents, and employees, or any other person or persons
 2050  whomsoever.
 2051         2. The assumption of liability of the department by
 2052  contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
 2053  1.b. may not in any instance exceed the following parameters of
 2054  allocation of risk:
 2055         a. The department may be solely responsible for any loss,
 2056  injury, or damage to commuter rail passengers, or rail corridor
 2057  invitees, or trespassers, regardless of circumstances or cause,
 2058  subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
 2059  6.
 2060         b.(I) In the event of a limited covered accident, the
 2061  authority of the department to protect, defend, and indemnify
 2062  the freight operator for all liability, cost, and expense,
 2063  including punitive or exemplary damages, in excess of the
 2064  deductible or self-insurance retention fund established under
 2065  paragraph (b) and actually in force at the time of the limited
 2066  covered accident exists only if the freight operator agrees,
 2067  with respect to the limited covered accident, to protect,
 2068  defend, and indemnify the department for the amount of the
 2069  deductible or self-insurance retention fund established under
 2070  paragraph (b) and actually in force at the time of the limited
 2071  covered accident.
 2072         (II) In the event of a limited covered accident, the
 2073  authority of the department to protect, defend, and indemnify
 2074  National Railroad Passenger Corporation for all liability, cost,
 2075  and expense, including punitive or exemplary damages, in excess
 2076  of the deductible or self-insurance retention fund established
 2077  under paragraph (b) and actually in force at the time of the
 2078  limited covered accident exists only if National Railroad
 2079  Passenger Corporation agrees, with respect to the limited
 2080  covered accident, to protect, defend, and indemnify the
 2081  department for the amount of the deductible or self-insurance
 2082  retention fund established under paragraph (b) and actually in
 2083  force at the time of the limited covered accident.
 2084         3. If When only one train is involved in an incident, the
 2085  department may be solely responsible for any loss, injury, or
 2086  damage if the train is a department train or other train
 2087  pursuant to subparagraph 4., but only if:
 2088         a. If When an incident occurs with only a freight train
 2089  involved, including incidents with trespassers or at grade
 2090  crossings, the freight rail operator is solely responsible for
 2091  any loss, injury, or damage, except for commuter rail passengers
 2092  and rail corridor invitees; or
 2093         b. If When an incident occurs with only a National Railroad
 2094  Passenger Corporation train involved, including incidents with
 2095  trespassers or at grade crossings, National Railroad Passenger
 2096  Corporation is solely responsible for any loss, injury, or
 2097  damage, except for commuter rail passengers and rail corridor
 2098  invitees.
 2099         4. For the purposes of this subsection:
 2100         a. A Any train involved in an incident which that is not
 2101  neither the department’s train or nor the freight rail
 2102  operator’s train, hereinafter referred to in this subsection as
 2103  an “other train,” may be treated as a department train, solely
 2104  for purposes of any allocation of liability between the
 2105  department and the freight rail operator only, but only if the
 2106  department and the freight rail operator share responsibility
 2107  equally as to third parties outside the rail corridor who incur
 2108  loss, injury, or damage as a result of any incident involving
 2109  both a department train and a freight rail operator train, and
 2110  the allocation as between the department and the freight rail
 2111  operator, regardless of whether the other train is treated as a
 2112  department train, shall remain one-half each as to third parties
 2113  outside the rail corridor who incur loss, injury, or damage as a
 2114  result of the incident. The involvement of any other train does
 2115  shall not alter the sharing of equal responsibility as to third
 2116  parties outside the rail corridor who incur loss, injury, or
 2117  damage as a result of the incident; or
 2118         b. A Any train involved in an incident that is not neither
 2119  the department’s train or nor the National Railroad Passenger
 2120  Corporation’s train, hereinafter referred to in this subsection
 2121  as an “other train,” may be treated as a department train,
 2122  solely for purposes of any allocation of liability between the
 2123  department and National Railroad Passenger Corporation only, but
 2124  only if the department and National Railroad Passenger
 2125  Corporation share responsibility equally as to third parties
 2126  outside the rail corridor who incur loss, injury, or damage as a
 2127  result of any incident involving both a department train and a
 2128  National Railroad Passenger Corporation train, and the
 2129  allocation as between the department and National Railroad
 2130  Passenger Corporation, regardless of whether the other train is
 2131  treated as a department train, shall remain one-half each as to
 2132  third parties outside the rail corridor who incur loss, injury,
 2133  or damage as a result of the incident. The involvement of any
 2134  other train does shall not alter the sharing of equal
 2135  responsibility as to third parties outside the rail corridor who
 2136  incur loss, injury, or damage as a result of the incident.
 2137         5. If When more than one train is involved in an incident:
 2138         a.(I) If only a department train and freight rail
 2139  operator’s train, or only an other train as described in sub
 2140  subparagraph 4.a. and a freight rail operator’s train, are
 2141  involved in an incident, the department may be responsible for
 2142  its property and all of its people, all commuter rail
 2143  passengers, and rail corridor invitees, but only if the freight
 2144  rail operator is responsible for its property and all of its
 2145  people, and the department and the freight rail operator each
 2146  share one-half responsibility as to trespassers or third parties
 2147  outside the rail corridor who incur loss, injury, or damage as a
 2148  result of the incident; or
 2149         (II) If only a department train and a National Railroad
 2150  Passenger Corporation train, or only an other train as described
 2151  in sub-subparagraph 4.b. and a National Railroad Passenger
 2152  Corporation train, are involved in an incident, the department
 2153  may be responsible for its property and all of its people, all
 2154  commuter rail passengers, and rail corridor invitees, but only
 2155  if National Railroad Passenger Corporation is responsible for
 2156  its property and all of its people, all National Railroad
 2157  Passenger Corporation’s rail passengers, and the department and
 2158  National Railroad Passenger Corporation each share one-half
 2159  responsibility as to trespassers or third parties outside the
 2160  rail corridor who incur loss, injury, or damage as a result of
 2161  the incident.
 2162         b.(I) If a department train, a freight rail operator train,
 2163  and any other train are involved in an incident, the allocation
 2164  of liability between the department and the freight rail
 2165  operator, regardless of whether the other train is treated as a
 2166  department train, shall remain one-half each as to third parties
 2167  outside the rail corridor who incur loss, injury, or damage as a
 2168  result of the incident; the involvement of any other train does
 2169  shall not alter the sharing of equal responsibility as to third
 2170  parties outside the rail corridor who incur loss, injury, or
 2171  damage as a result of the incident; and, if the owner, operator,
 2172  or insurer of the other train makes any payment to injured third
 2173  parties outside the rail corridor who incur loss, injury, or
 2174  damage as a result of the incident, the allocation of credit
 2175  between the department and the freight rail operator as to such
 2176  payment does shall not in any case reduce the freight rail
 2177  operator’s third-party-sharing allocation of one-half under this
 2178  paragraph to less than one-third of the total third party
 2179  liability; or
 2180         (II) If a department train, a National Railroad Passenger
 2181  Corporation train, and any other train are involved in an
 2182  incident, the allocation of liability between the department and
 2183  National Railroad Passenger Corporation, regardless of whether
 2184  the other train is treated as a department train, shall remain
 2185  one-half each as to third parties outside the rail corridor who
 2186  incur loss, injury, or damage as a result of the incident; the
 2187  involvement of any other train does shall not alter the sharing
 2188  of equal responsibility as to third parties outside the rail
 2189  corridor who incur loss, injury, or damage as a result of the
 2190  incident; and, if the owner, operator, or insurer of the other
 2191  train makes any payment to injured third parties outside the
 2192  rail corridor who incur loss, injury, or damage as a result of
 2193  the incident, the allocation of credit between the department
 2194  and National Railroad Passenger Corporation as to such payment
 2195  does shall not in any case reduce National Railroad Passenger
 2196  Corporation’s third-party-sharing allocation of one-half under
 2197  this sub-subparagraph to less than one-third of the total third
 2198  party liability.
 2199         6. Any such contractual duty to protect, defend, indemnify,
 2200  and hold harmless such a freight rail operator or National
 2201  Railroad Passenger Corporation shall expressly include a
 2202  specific cap on the amount of the contractual duty, which amount
 2203  may shall not exceed $200 million without prior legislative
 2204  approval, and the department to purchase liability insurance and
 2205  establish a self-insurance retention fund in the amount of the
 2206  specific cap established under this subparagraph, provided that:
 2207         a. A No such contractual duty may not shall in any case be
 2208  effective or nor otherwise extend the department’s liability in
 2209  scope and effect beyond the contractual liability insurance and
 2210  self-insurance retention fund required pursuant to this
 2211  paragraph; and
 2212         b.(I) The freight rail operator’s compensation to the
 2213  department for future use of the department’s rail corridor
 2214  shall include a monetary contribution to the cost of such
 2215  liability coverage for the sole benefit of the freight rail
 2216  operator.
 2217         (II) National Railroad Passenger Corporation’s compensation
 2218  to the department for future use of the department’s rail
 2219  corridor shall include a monetary contribution to the cost of
 2220  such liability coverage for the sole benefit of National
 2221  Railroad Passenger Corporation.
 2222         (b) Purchase liability insurance, which amount may shall
 2223  not exceed $200 million, and establish a self-insurance
 2224  retention fund for the purpose of paying the deductible limit
 2225  established in the insurance policies it may obtain, including
 2226  coverage for the department, any freight rail operator as
 2227  described in paragraph (a), National Railroad Passenger
 2228  Corporation, commuter rail service providers, governmental
 2229  entities, or any ancillary development, which self-insurance
 2230  retention fund or deductible may shall not exceed $10 million.
 2231  The insureds shall pay a reasonable monetary contribution to the
 2232  cost of such liability coverage for the sole benefit of the
 2233  insured. Such insurance and self-insurance retention fund may
 2234  provide coverage for all damages, including, but not limited to,
 2235  compensatory, special, and exemplary, and be maintained to
 2236  provide an adequate fund to cover claims and liabilities for
 2237  loss, injury, or damage arising out of or connected with the
 2238  ownership, operation, maintenance, and management of a rail
 2239  corridor.
 2240         (c) Incur expenses for the purchase of advertisements,
 2241  marketing, and promotional items.
 2242         (d) Undertake any ancillary development that the department
 2243  determines to be appropriate as a source of revenue for the
 2244  establishment, construction, operation, or maintenance of any
 2245  rail corridor owned by the state. The ancillary development must
 2246  be consistent, to the extent feasible, with applicable local
 2247  government comprehensive plans and local land development
 2248  regulations and otherwise be in compliance with ss. 341.302
 2249  341.303.
 2250  
 2251  Neither The assumption by contract to protect, defend,
 2252  indemnify, and hold harmless; the purchase of insurance; or nor
 2253  the establishment of a self-insurance retention fund may not
 2254  shall be deemed to be a waiver of any defense of sovereign
 2255  immunity for torts nor deemed to increase the limits of the
 2256  department’s or the governmental entity’s liability for torts as
 2257  provided in s. 768.28. The requirements of s. 287.022(1) do
 2258  shall not apply to the purchase of any insurance under this
 2259  subsection. The provisions of this subsection shall apply and
 2260  inure fully as to any other governmental entity providing
 2261  commuter rail service and constructing, operating, maintaining,
 2262  or managing a rail corridor on publicly owned right-of-way under
 2263  contract by the governmental entity with the department or a
 2264  governmental entity designated by the department.
 2265  Notwithstanding any law to the contrary, procurement for the
 2266  construction, operation, maintenance, and management of any rail
 2267  corridor described in this subsection, whether by the
 2268  department, a governmental entity under contract with the
 2269  department, or a governmental entity designated by the
 2270  department, must shall be pursuant to s. 287.057 and must shall
 2271  include, but not be limited to, criteria for the consideration
 2272  of qualifications, technical aspects of the proposal, and price.
 2273  Further, a any such contract for design-build shall be procured
 2274  pursuant to the criteria in s. 337.11(7).
 2275         Section 40. Paragraph (d) of subsection (3) of section
 2276  343.82, Florida Statutes, is amended to read:
 2277         343.82 Purposes and powers.—
 2278         (3)
 2279         (d) The authority may undertake projects or other
 2280  improvements in the master plan in phases as particular projects
 2281  or segments thereof become feasible, as determined by the
 2282  authority. In carrying out its purposes and powers, the
 2283  authority may request funding and technical assistance from the
 2284  department and appropriate federal and local agencies,
 2285  including, but not limited to, state infrastructure bank loans,
 2286  advances from the Toll Facilities Revolving Trust Fund, and from
 2287  any other sources.
 2288         Section 41. Subsection (4) of section 343.922, Florida
 2289  Statutes, is amended to read:
 2290         343.922 Powers and duties.—
 2291         (4) The authority may undertake projects or other
 2292  improvements in the master plan in phases as particular projects
 2293  or segments become feasible, as determined by the authority. The
 2294  authority shall coordinate project planning, development, and
 2295  implementation with the applicable local governments. The
 2296  authority’s projects that are transportation oriented shall be
 2297  consistent to the maximum extent feasible with the adopted local
 2298  government comprehensive plans at the time they are funded for
 2299  construction. Authority projects that are not transportation
 2300  oriented and meet the definition of development pursuant to s.
 2301  380.04 shall be consistent with the local comprehensive plans.
 2302  In carrying out its purposes and powers, the authority may
 2303  request funding and technical assistance from the department and
 2304  appropriate federal and local agencies, including, but not
 2305  limited to, state infrastructure bank loans, advances from the
 2306  Toll Facilities Revolving Trust Fund, and funding and technical
 2307  assistance from any other source.
 2308         Section 42. Chapter 345, Florida Statutes, consisting of
 2309  sections 345.0001, 345.0002, 345.0003, 345.0004, 345.0005,
 2310  345.0006, 345.0007, 345.0008, 345.0009, 345.0010, 345.0011,
 2311  345.0012, 345.0013, 345.0014, 345.0015, 345.0016, and 345.0017,
 2312  is created to read:
 2313         345.0001 Short title.—This act may be cited as the “Florida
 2314  Regional Tollway Authority Act.”
 2315         345.0002Definitions.—As used in this chapter, the term:
 2316         (1)“Agency of the state” means the state and any
 2317  department of, or any corporation, agency, or instrumentality
 2318  heretofore or hereafter created, designated, or established by,
 2319  the state.
 2320         (2)“Area served” means the geographical area of the
 2321  counties for which an authority is established.
 2322         (3)“Authority” means a regional tollway authority, a body
 2323  politic and corporate, and an agency of the state, established
 2324  pursuant to the Florida Regional Tollway Authority Act.
 2325         (4)“Bonds” means the notes, bonds, refunding bonds, or
 2326  other evidences of indebtedness or obligations, in temporary or
 2327  definitive form, which an authority may issue pursuant to this
 2328  act.
 2329         (5)“Department” means the Department of Transportation of
 2330  Florida and any successor thereto.
 2331         (6)“Division” means the Division of Bond Finance of the
 2332  State Board of Administration.
 2333         (7)“Federal agency” means the United States, the President
 2334  of the United States, and any department of, or any bureau,
 2335  corporation, agency, or instrumentality heretofore or hereafter
 2336  created, designated, or established by, the United States.
 2337         (8)“Members” means the governing body of an authority, and
 2338  the term “member” means one of the individuals constituting such
 2339  governing body.
 2340         (9)“Regional system” or “system” means, generally, a
 2341  modern tolled highway system of roads, bridges, causeways, and
 2342  tunnels within any area of the authority, with access limited or
 2343  unlimited as an authority may determine, and the buildings and
 2344  structures and appurtenances and facilities related to the
 2345  system, including all approaches, streets, roads, bridges, and
 2346  avenues of access for the system.
 2347         (10)“Revenues” means the tolls, revenues, rates, fees,
 2348  charges, receipts, rentals, contributions, and other income
 2349  derived from or in connection with the operation or ownership of
 2350  a regional system, including the proceeds of any use and
 2351  occupancy insurance on any portion of the system but excluding
 2352  state funds available to an authority and any other municipal or
 2353  county funds available to an authority under an agreement with a
 2354  municipality or county.
 2355         345.0003Tollway authority; formation; membership.
 2356         (1) A county, or two or more contiguous counties, may,
 2357  after the approval of the Legislature, form a regional tollway
 2358  authority for the purposes of constructing, maintaining, and
 2359  operating transportation projects in a region of this state. An
 2360  authority shall be governed in accordance with the provisions of
 2361  this chapter. An authority may not be created without the
 2362  approval of the Legislature and the approval of the county
 2363  commission of each county that will be a part of the authority.
 2364  An authority may not be created to serve a particular area of
 2365  this state as provided by this subsection if a regional tollway
 2366  authority has been created and is operating within all or a
 2367  portion of the same area served pursuant to an act of the
 2368  Legislature. Each authority shall be the only authority created
 2369  and operating pursuant to this chapter within the area served by
 2370  the authority.
 2371         (2) The governing body of an authority shall consist of a
 2372  board of voting members as follows:
 2373         (a)The county commission of each county in the area served
 2374  by the authority shall each appoint a member who must be a
 2375  resident of the county from which he or she is appointed. If
 2376  possible, the member must represent the business and civic
 2377  interests of the community.
 2378         (b)The Governor shall appoint an equal number of members
 2379  to the board as those appointed by the county commissions. The
 2380  members appointed by the Governor must be residents of the area
 2381  served by the authority.
 2382         (c)The secretary of the Department of Transportation shall
 2383  appoint one of the district secretaries, or his or her designee,
 2384  for the districts within which the area served by the authority
 2385  is located.
 2386         (3) The term of office of each member shall be for 4 years
 2387  or until his or her successor is appointed and qualified.
 2388         (4) A member may not hold an elected office.
 2389         (5)A vacancy occurring in the governing body before the
 2390  expiration of the member’s term shall be filled by the
 2391  respective appointing authority in the same manner as the
 2392  original appointment and only for the balance of the unexpired
 2393  term.
 2394         (6)Each member, before entering upon his or her official
 2395  duties, must take and subscribe to an oath before an official
 2396  authorized by law to administer oaths that he or she will
 2397  honestly, faithfully, and impartially perform the duties
 2398  devolving upon him or her in office as a member of the governing
 2399  body of the authority and that he or she will not neglect any
 2400  duties imposed upon him or her by this chapter.
 2401         (7) A member of an authority may be removed from office by
 2402  the Governor for misconduct, malfeasance, misfeasance, or
 2403  nonfeasance in office.
 2404         (8)The members of the authority shall designate one of its
 2405  members as chair.
 2406         (9)The members of the authority shall serve without
 2407  compensation, but shall be entitled to reimbursement for per
 2408  diem and other expenses in accordance with s. 112.061 while in
 2409  performance of their duties.
 2410         (10)A majority of the members of the authority constitutes
 2411  a quorum, and resolutions enacted or adopted by a vote of a
 2412  majority of the members present and voting at any meeting become
 2413  effective without publication, posting, or any further action of
 2414  the authority.
 2415         345.0004Powers and duties.
 2416         (1)(a)An authority created and established, or governed,
 2417  by the Florida Regional Tollway Authority Act shall plan,
 2418  develop, finance, construct, reconstruct, improve, own, operate,
 2419  and maintain a regional system in the area served by the
 2420  authority.
 2421         (b)An authority may not exercise the powers in paragraph
 2422  (a) with respect to an existing system for transporting people
 2423  and goods by any means that is owned by another entity without
 2424  the consent of that entity. If an authority acquires, purchases,
 2425  or inherits an existing entity, the authority shall also inherit
 2426  and assume all rights, assets, appropriations, privileges, and
 2427  obligations of the existing entity.
 2428         (2)Each authority may exercise all powers necessary,
 2429  appurtenant, convenient, or incidental to the carrying out of
 2430  the purposes of this section, including, but not limited to, the
 2431  following rights and powers:
 2432         (a)To sue and be sued, implead and be impleaded, and
 2433  complain and defend in all courts in its own name.
 2434         (b)To adopt and use a corporate seal.
 2435         (c)To have the power of eminent domain, including the
 2436  procedural powers granted under chapters 73 and 74.
 2437         (d)To acquire, purchase, hold, lease as a lessee, and use
 2438  any property, real, personal, or mixed, tangible or intangible,
 2439  or any interest therein, necessary or desirable for carrying out
 2440  the purposes of the authority.
 2441         (e)To sell, convey, exchange, lease, or otherwise dispose
 2442  of any real or personal property acquired by the authority,
 2443  including air rights.
 2444         (f)To fix, alter, charge, establish, and collect rates,
 2445  fees, rentals, and other charges for the use of any system owned
 2446  or operated by the authority, which rates, fees, rentals, and
 2447  other charges must always be sufficient to comply with any
 2448  covenants made with the holders of any bonds issued pursuant to
 2449  this act; however, such right and power may be assigned or
 2450  delegated by the authority to the department.
 2451         (g)To borrow money, make and issue negotiable notes,
 2452  bonds, refunding bonds, and other evidences of indebtedness or
 2453  obligations, in temporary or definitive form, for the purpose of
 2454  financing all or part of the improvement of the authority’s
 2455  system and appurtenant facilities, including the approaches,
 2456  streets, roads, bridges, and avenues of access for the system
 2457  and for any other purpose authorized by this chapter, the bonds
 2458  to mature in not exceeding 30 years after the date of the
 2459  issuance thereof, and to secure the payment of such bonds or any
 2460  part thereof by a pledge of its revenues, rates, fees, rentals,
 2461  or other charges, including municipal or county funds received
 2462  by the authority pursuant to the terms of an agreement between
 2463  the authority and a municipality or county; and, in general, to
 2464  provide for the security of the bonds and the rights and
 2465  remedies of the holders of the bonds; however, municipal or
 2466  county funds may not be pledged for the construction of a
 2467  project for which a toll is to be charged unless the anticipated
 2468  tolls are reasonably estimated by the governing board of the
 2469  municipality or county, at the date of its resolution pledging
 2470  said funds, to be sufficient to cover the principal and interest
 2471  of such obligations during the period when the pledge of funds
 2472  is in effect.
 2473         1.An authority shall reimburse a municipality or county
 2474  for sums expended from municipal or county funds used for the
 2475  payment of the bond obligations.
 2476         2.If an authority determines to fund or refund any bonds
 2477  issued by the authority before the maturity of the bonds, the
 2478  proceeds of the funding or refunding bonds shall, pending the
 2479  prior redemption of the bonds to be funded or refunded, be
 2480  invested in direct obligations of the United States, and the
 2481  outstanding bonds may be funded or refunded by the issuance of
 2482  bonds pursuant to this chapter.
 2483         (h)To make contracts of every name and nature, including,
 2484  but not limited to, partnerships providing for participation in
 2485  ownership and revenues, and to execute each instrument necessary
 2486  or convenient for the conduct of its business.
 2487         (i)Without limitation of the foregoing, to cooperate with,
 2488  to borrow money and accept grants from, and to enter into
 2489  contracts or other transactions with any federal agency, the
 2490  state, or any agency or any other public body of the state.
 2491         (j)To employ an executive director, attorney, staff, and
 2492  consultants. Upon the request of an authority, the department
 2493  shall furnish the services of a department employee to act as
 2494  the executive director of the authority.
 2495         (k)To enter into joint development agreements.
 2496         (l)To accept funds or other property from private
 2497  donations.
 2498         (m)To do all acts and things necessary or convenient for
 2499  the conduct of its business and the general welfare of the
 2500  authority, in order to carry out the powers granted to it by
 2501  this act or any other law.
 2502         (3)An authority does not have the power at any time or in
 2503  any manner to pledge the credit or taxing power of the state or
 2504  any political subdivision or agency thereof. Obligations of the
 2505  authority may not be deemed to be obligations of the state or of
 2506  any other political subdivision or agency thereof. The state or
 2507  any political subdivision or agency thereof, except the
 2508  authority, is not liable for the payment of the principal of or
 2509  interest on such obligations.
 2510         (4)An authority has no power, other than by consent of the
 2511  affected county or an affected municipality, to enter into an
 2512  agreement that would legally prohibit the construction of a road
 2513  by the county or the municipality.
 2514         (5) An authority formed pursuant to this chapter shall
 2515  comply with the statutory requirements of general application
 2516  which relate to the filing of a report or documentation required
 2517  by law, including the requirements of ss. 189.4085, 189.415,
 2518  189.417, and 189.418.
 2519         345.0005Bonds.
 2520         (1)(a)Bonds may be issued on behalf of an authority
 2521  pursuant to the State Bond Act.
 2522         (b)An authority may also issue bonds in such principal
 2523  amount as is necessary, in the opinion of the authority, to
 2524  provide sufficient moneys for achieving its corporate purposes,
 2525  including construction, reconstruction, improvement, extension,
 2526  repair, maintenance and operation of the system, the cost of
 2527  acquisition of all real property, interest on bonds during
 2528  construction and for a reasonable period thereafter,
 2529  establishment of reserves to secure bonds, and other
 2530  expenditures of the authority incident, and necessary or
 2531  convenient, to carry out its corporate purposes and powers.
 2532         (2)(a)Bonds issued by an authority pursuant to paragraph
 2533  (1)(a) or paragraph (1)(b) must be authorized by resolution of
 2534  the members of the authority and must bear such date or dates;
 2535  mature at such time or times, not exceeding 30 years after their
 2536  respective dates; bear interest at such rate or rates, not
 2537  exceeding the maximum rate fixed by general law for authorities;
 2538  be in such denominations; be in such form, either coupon or
 2539  fully registered; carry such registration, exchangeability and
 2540  interchangeability privileges; be payable in such medium of
 2541  payment and at such place or places; be subject to such terms of
 2542  redemption; and be entitled to such priorities of lien on the
 2543  revenues and other available moneys as such resolution or any
 2544  resolution subsequent to the bonds’ issuance may provide. The
 2545  bonds must be executed by manual or facsimile signature by such
 2546  officers as the authority shall determine, provided that such
 2547  bonds bear at least one signature that is manually executed on
 2548  the bond. The coupons attached to the bonds must bear the
 2549  facsimile signature or signatures of the officer or officers as
 2550  shall be designated by the authority. The bonds must have the
 2551  seal of the authority affixed, imprinted, reproduced, or
 2552  lithographed thereon.
 2553         (b)Bonds issued pursuant to paragraph (1)(a) or paragraph
 2554  (1)(b) must be sold at public sale in the same manner provided
 2555  in the State Bond Act. Pending the preparation of definitive
 2556  bonds, temporary bonds or interim certificates may be issued to
 2557  the purchaser or purchasers of such bonds and may contain such
 2558  terms and conditions as the authority may determine.
 2559         (3)A resolution that authorizes any bonds may contain
 2560  provisions that must be part of the contract with the holders of
 2561  the bonds, as to:
 2562         (a)The pledging of all or any part of the revenues,
 2563  available municipal or county funds, or other charges or
 2564  receipts of the authority derived from the regional system.
 2565         (b)The construction, reconstruction, improvement,
 2566  extension, repair, maintenance, and operation of the system, or
 2567  any part or parts of the system, and the duties and obligations
 2568  of the authority with reference thereto.
 2569         (c)Limitations on the purposes to which the proceeds of
 2570  the bonds, then or thereafter issued, or of any loan or grant by
 2571  any federal agency or the state or any political subdivision of
 2572  the state may be applied.
 2573         (d)The fixing, charging, establishing, revising,
 2574  increasing, reducing, and collecting of tolls, rates, fees,
 2575  rentals, or other charges for use of the services and facilities
 2576  of the system or any part of the system.
 2577         (e)The setting aside of reserves or of sinking funds and
 2578  the regulation and disposition of the reserves or sinking funds.
 2579         (f)Limitations on the issuance of additional bonds.
 2580         (g)The terms and provisions of any deed of trust or
 2581  indenture securing the bonds, or under which the bonds may be
 2582  issued.
 2583         (h)Any other or additional matters, of like or different
 2584  character, which in any way affect the security or protection of
 2585  the bonds.
 2586         (4)The authority may enter into any deeds of trust,
 2587  indentures, or other agreements with any bank or trust company
 2588  within or without the state, as security for such bonds, and
 2589  may, under such agreements, assign and pledge any of the
 2590  revenues and other available moneys, including any available
 2591  municipal or county funds, pursuant to the terms of this
 2592  chapter. The deed of trust, indenture, or other agreement may
 2593  contain provisions that are customary in such instruments or
 2594  that the authority may authorize, including, but without
 2595  limitation, provisions that:
 2596         (a)Pledge any part of the revenues or other moneys
 2597  lawfully available therefor.
 2598         (b)Apply funds and safeguard funds on hand or on deposit.
 2599         (c)Provide for the rights and remedies of the trustee and
 2600  the holders of the bonds.
 2601         (d)Provide for the terms and provisions of the bonds or
 2602  for resolutions authorizing the issuance of the bonds.
 2603         (e)Provide for any other or additional matters, of like or
 2604  different character, which affect the security or protection of
 2605  the bonds.
 2606         (5)Any bonds issued pursuant to this act are negotiable
 2607  instruments and have all the qualities and incidents of
 2608  negotiable instruments under the law merchant and the negotiable
 2609  instruments law of the state.
 2610         (6) A resolution that authorizes the issuance of authority
 2611  bonds and pledges the revenues of the system must require that
 2612  revenues of the system be periodically deposited into
 2613  appropriate accounts in such sums as are sufficient to pay the
 2614  costs of operation and maintenance of the system for the current
 2615  fiscal year as set forth in the annual budget of the authority
 2616  and to reimburse the department for any unreimbursed costs of
 2617  operation and maintenance of the system from prior fiscal years
 2618  before revenues of the system are deposited into accounts for
 2619  the payment of interest or principal owing or that may become
 2620  owing on such bonds.
 2621         (7) State funds may not be used or pledged to pay the
 2622  principal or interest of any authority bonds, and all such bonds
 2623  must contain a statement on their face to this effect.
 2624         345.0006Remedies of bondholders.
 2625         (1)The rights and the remedies granted to authority
 2626  bondholders under this chapter are in addition to and not in
 2627  limitation of any rights and remedies lawfully granted to such
 2628  bondholders by the resolution or indenture providing for the
 2629  issuance of bonds, or by any deed of trust, indenture, or other
 2630  agreement under which the bonds may be issued or secured. If an
 2631  authority defaults in the payment of the principal of or
 2632  interest on any of the bonds issued pursuant to this chapter
 2633  after such principal of or interest on the bonds becomes due,
 2634  whether at maturity or upon call for redemption, as provided in
 2635  the resolution or indenture, and such default continues for 30
 2636  days, or in the event that the authority fails or refuses to
 2637  comply with the provisions of this chapter or any agreement made
 2638  with, or for the benefit of, the holders of the bonds, the
 2639  holders of 25 percent in aggregate principal amount of the bonds
 2640  then outstanding shall be entitled as of right to the
 2641  appointment of a trustee to represent such bondholders for the
 2642  purposes of the default provided that the holders of 25 percent
 2643  in aggregate principal amount of the bonds then outstanding
 2644  first gave written notice of their intention to appoint a
 2645  trustee, to the authority and to the department.
 2646         (2)The trustee, and any trustee under any deed of trust,
 2647  indenture, or other agreement, may, and upon written request of
 2648  the holders of 25 percent, or such other percentages specified
 2649  in any deed of trust, indenture, or other agreement, in
 2650  principal amount of the bonds then outstanding, shall, in any
 2651  court of competent jurisdiction, in his, her, or its own name:
 2652         (a)By mandamus or other suit, action, or proceeding at
 2653  law, or in equity, enforce all rights of the bondholders,
 2654  including the right to require the authority to fix, establish,
 2655  maintain, collect, and charge rates, fees, rentals, and other
 2656  charges, adequate to carry out any agreement as to, or pledge
 2657  of, the revenues, and to require the authority to carry out any
 2658  other covenants and agreements with or for the benefit of the
 2659  bondholders, and to perform its and their duties under this
 2660  chapter.
 2661         (b)Bring suit upon the bonds.
 2662         (c)By action or suit in equity, require the authority to
 2663  account as if it were the trustee of an express trust for the
 2664  bondholders.
 2665         (d)By action or suit in equity, enjoin any acts or things
 2666  that may be unlawful or in violation of the rights of the
 2667  bondholders.
 2668         (3)A trustee, if appointed pursuant to this section or
 2669  acting under a deed of trust, indenture, or other agreement, and
 2670  whether or not all bonds have been declared due and payable,
 2671  shall be entitled as of right to the appointment of a receiver.
 2672  The receiver may enter upon and take possession of the system or
 2673  the facilities or any part or parts of the system, the revenues
 2674  and other pledged moneys, for and on behalf of and in the name
 2675  of, the authority and the bondholders. The receiver may collect
 2676  and receive all revenues and other pledged moneys in the same
 2677  manner as the authority might do. The receiver shall deposit all
 2678  such revenues and moneys in a separate account and apply all
 2679  such revenues and moneys remaining after allowance for payment
 2680  of all costs of operation and maintenance of the system in such
 2681  manner as the court directs. In a suit, action, or proceeding by
 2682  the trustee, the fees, counsel fees, and expenses of the
 2683  trustee, and said receiver, if any, and all costs and
 2684  disbursements allowed by the court must be a first charge on any
 2685  revenues after payment of the costs of operation and maintenance
 2686  of the system. The trustee also has all other powers necessary
 2687  or appropriate for the exercise of any functions specifically
 2688  set forth in this section or incident to the representation of
 2689  the bondholders in the enforcement and protection of their
 2690  rights.
 2691         (4)This section or any other section of this chapter does
 2692  not authorize a receiver appointed pursuant to this section for
 2693  the purpose of operating and maintaining the system or any
 2694  facilities or parts thereof to sell, assign, mortgage, or
 2695  otherwise dispose of any of the assets belonging to the
 2696  authority. The powers of such receiver are limited to the
 2697  operation and maintenance of the system, or any facility or
 2698  parts thereof and to the collection and application of revenues
 2699  and other moneys due the authority, in the name and for and on
 2700  behalf of the authority and the bondholders. A holder of bonds
 2701  or any trustee does not have the right in any suit, action, or
 2702  proceeding, at law or in equity, to compel a receiver, or a
 2703  receiver may not be authorized or a court may not direct a
 2704  receiver to, sell, assign, mortgage, or otherwise dispose of any
 2705  assets of whatever kind or character belonging to the authority.
 2706         345.0007Department to construct, operate, and maintain
 2707  facilities.—
 2708         (1) The department is the agent of each authority for the
 2709  purpose of performing all phases of a project, including, but
 2710  not limited to, constructing improvements and extensions to the
 2711  system. The division and the authority shall provide to the
 2712  department complete copies of the documents, agreements,
 2713  resolutions, contracts, and instruments that relate to the
 2714  project and shall request that the department perform the
 2715  construction work, including the planning, surveying, design,
 2716  and actual construction of the completion, extensions, and
 2717  improvements to the system. After the issuance of bonds to
 2718  finance construction of an improvement or addition to the
 2719  system, the division and the authority shall transfer to the
 2720  credit of an account of the department in the State Treasury the
 2721  necessary funds for construction. The department shall proceed
 2722  with construction and use the funds for the purpose authorized
 2723  and as otherwise provided by law for construction of roads and
 2724  bridges. An authority may alternatively, with the consent and
 2725  approval of the department, elect to appoint a local agency
 2726  certified by the department to administer federal aid projects
 2727  in accordance with federal law as the authority’s agent for the
 2728  purpose of performing each phase of a project.
 2729         (2) Notwithstanding the provisions of subsection (1), the
 2730  department is the agent of each authority for the purpose of
 2731  operating and maintaining the system. The department shall
 2732  operate and maintain the system, and the costs incurred by the
 2733  department for operation and maintenance shall be reimbursed
 2734  from revenues of the system. The appointment of the department
 2735  as agent for each authority does not create an independent
 2736  obligation of the department to operate and maintain a system.
 2737  Each authority shall remain obligated as principal to operate
 2738  and maintain its system, and an authority’s bondholders do not
 2739  have an independent right to compel the department to operate or
 2740  maintain the authority’s system.
 2741         (3)Each authority shall fix, alter, charge, establish, and
 2742  collect tolls, rates, fees, rentals, and other charges for the
 2743  authority’s facilities, as otherwise provided in this chapter.
 2744         345.0008Department contributions to authority projects.—
 2745         (1)The department may, at the request of an authority,
 2746  provide for or contribute to the payment of costs of financial
 2747  or engineering and traffic feasibility studies and the design,
 2748  financing, acquisition, or construction of an authority project
 2749  or system, subject to appropriation by the Legislature.
 2750         (2) The department may use its engineering and other
 2751  personnel, including consulting engineers and traffic engineers,
 2752  to conduct feasibility studies pursuant to subsection (1).
 2753         (3) An obligation or expense incurred by the department
 2754  under this section is a part of the cost of the authority
 2755  project for which the obligation or expense was incurred. The
 2756  department may require money contributed by the department under
 2757  this section to be repaid from tolls of the project on which the
 2758  money was spent, other revenue of the authority, or other
 2759  sources of funds.
 2760         (4)The department shall receive from an authority a share
 2761  of the authority’s net revenues equal to the ratio of the
 2762  department’s total contributions to the authority under this
 2763  section to the sum of: the department’s total contributions
 2764  under this section; contributions by any local government to the
 2765  cost of revenue producing authority projects; and the sale
 2766  proceeds of authority bonds after payment of costs of issuance.
 2767  For the purpose of this subsection, net revenues are gross
 2768  revenues of an authority after payment of debt service,
 2769  administrative expenses, operations and maintenance expenses,
 2770  and all reserves required to be established under any resolution
 2771  under which authority bonds are issued.
 2772         345.0009Acquisition of lands and property.—
 2773         (1)For the purposes of this chapter, an authority may
 2774  acquire private or public property and property rights,
 2775  including rights of access, air, view, and light, by gift,
 2776  devise, purchase, condemnation by eminent domain proceedings, or
 2777  transfer from another political subdivision of the state, as the
 2778  authority may deem necessary for any of the purposes of this
 2779  chapter, including, but not limited to, any lands reasonably
 2780  necessary for securing applicable permits, areas necessary for
 2781  management of access, borrow pits, drainage ditches, water
 2782  retention areas, rest areas, replacement access for landowners
 2783  whose access is impaired due to the construction of a facility,
 2784  and replacement rights-of-way for relocated rail and utility
 2785  facilities; for existing, proposed, or anticipated
 2786  transportation facilities on the system or in a transportation
 2787  corridor designated by the authority; or for the purposes of
 2788  screening, relocation, removal, or disposal of junkyards and
 2789  scrap metal processing facilities. Each authority shall also
 2790  have the power to condemn any material and property necessary
 2791  for such purposes.
 2792         (2)An authority shall exercise the right of eminent domain
 2793  conferred under this section in the manner provided by law.
 2794         (3)If an authority acquires property for a transportation
 2795  facility or in a transportation corridor, it is not subject to
 2796  any liability imposed by chapter 376 or chapter 403 for
 2797  preexisting soil or groundwater contamination due solely to its
 2798  ownership. This section does not affect the rights or
 2799  liabilities of any past or future owners of the acquired
 2800  property or affect the liability of any governmental entity for
 2801  the results of its actions which create or exacerbate a
 2802  pollution source. An authority and the Department of
 2803  Environmental Protection may enter into interagency agreements
 2804  for the performance, funding, and reimbursement of the
 2805  investigative and remedial acts necessary for property acquired
 2806  by the authority.
 2807         345.0010Cooperation with other units, boards, agencies,
 2808  and individuals.—A county, municipality, drainage district, road
 2809  and bridge district, school district, or any other political
 2810  subdivision, board, commission, or individual in, or of, the
 2811  state may make and enter into a contract, lease, conveyance,
 2812  partnership, or other agreement with an authority within the
 2813  provisions and purposes of this chapter. Each authority may make
 2814  and enter into contracts, leases, conveyances, partnerships, and
 2815  other agreements with any political subdivision, agency, or
 2816  instrumentality of the state and any federal agency,
 2817  corporation, and individual, to carry out the purposes of this
 2818  chapter.
 2819         345.0011Covenant of the state.The state pledges to, and
 2820  agrees with, any person, firm, or corporation, or federal or
 2821  state agency subscribing to, or acquiring the bonds to be issued
 2822  by an authority for the purposes of this chapter that the state
 2823  will not limit or alter the rights vested by this chapter in the
 2824  authority and the department until all bonds at any time issued,
 2825  together with the interest thereon, are fully paid and
 2826  discharged insofar as the rights vested in the authority and the
 2827  department affect the rights of the holders of bonds issued
 2828  pursuant to this chapter. The state further pledges to, and
 2829  agrees with, the United States that if a federal agency
 2830  constructs or contributes any funds for the completion,
 2831  extension, or improvement of the system, or any parts of the
 2832  system, the state will not alter or limit the rights and powers
 2833  of the authority and the department in any manner that is
 2834  inconsistent with the continued maintenance and operation of the
 2835  system or the completion, extension, or improvement of the
 2836  system, or which would be inconsistent with the due performance
 2837  of any agreements between the authority and any such federal
 2838  agency, and the authority and the department shall continue to
 2839  have and may exercise all powers granted in this section, so
 2840  long as the powers are necessary or desirable to carry out the
 2841  purposes of this chapter and the purposes of the United States
 2842  in the completion, extension, or improvement of the system, or
 2843  any part of the system.
 2844         345.0012Exemption from taxation.The authority created
 2845  under this chapter is for the benefit of the people of the
 2846  state, for the increase of their commerce and prosperity, and
 2847  for the improvement of their health and living conditions, and
 2848  because the authority will be performing essential governmental
 2849  functions pursuant to this chapter, the authority is not
 2850  required to pay any taxes or assessments of any kind or nature
 2851  whatsoever upon any property acquired or used by it for such
 2852  purposes, or upon any rates, fees, rentals, receipts, income, or
 2853  charges received by it, and the bonds issued by the authority,
 2854  their transfer and the income from their issuance, including any
 2855  profits made on the sale of the bonds, shall be free from
 2856  taxation by the state or by any political subdivision, taxing
 2857  agency, or instrumentality of the state. The exemption granted
 2858  by this section does not apply to any tax imposed by chapter 220
 2859  on interest, income, or profits on debt obligations owned by
 2860  corporations.
 2861         345.0013Eligibility for investments and security.Any
 2862  bonds or other obligations issued pursuant to this chapter are
 2863  legal investments for banks, savings banks, trustees, executors,
 2864  administrators, and all other fiduciaries, and for all state,
 2865  municipal, and other public funds and are also securities
 2866  eligible for deposit as security for all state, municipal, or
 2867  other public funds, notwithstanding the provisions of any other
 2868  law to the contrary.
 2869         345.0014Applicability.—
 2870         (1)The powers conferred by this chapter are in addition to
 2871  the powers conferred by other law and do not repeal the
 2872  provisions of any other general or special law or local
 2873  ordinance, but supplement such other laws in the exercise of the
 2874  powers provided in this chapter, and provide a complete method
 2875  for the exercise of the powers granted in this chapter. The
 2876  extension and improvement of a system, and the issuance of bonds
 2877  pursuant to this chapter to finance all or part of the cost
 2878  thereof, may be accomplished upon compliance with the provisions
 2879  of this chapter without regard to or necessity for compliance
 2880  with the provisions, limitations, or restrictions contained in
 2881  any other general, special, or local law, including, but not
 2882  limited to, s. 215.821, and approval of any bonds issued under
 2883  this act by the qualified electors or qualified electors who are
 2884  freeholders in the state or in any political subdivision of the
 2885  state is not required for the issuance of such bonds pursuant to
 2886  this chapter.
 2887         (2)This act does not repeal, rescind, or modify any other
 2888  law or laws relating to the State Board of Administration, the
 2889  Department of Transportation, or the Division of Bond Finance of
 2890  the State Board of Administration, but supersedes any other law
 2891  that is inconsistent with the provisions of this chapter,
 2892  including, but not limited to, s. 215.821.
 2893         345.0015Northwest Florida Regional Tollway Authority.—
 2894         (1) There is hereby created and established a body politic
 2895  and corporate, an agency of the state, to be known as the
 2896  Northwest Florida Regional Tollway Authority, hereinafter
 2897  referred to as the “authority.”
 2898         (2)The area served by the authority shall be Escambia and
 2899  Santa Rosa Counties.
 2900         (3)The purposes and powers of the authority are as
 2901  identified in the Florida Regional Tollway Authority Act for the
 2902  area served by the authority, and the authority operates in the
 2903  manner provided by the Florida Regional Tollway Authority Act.
 2904         345.0016 Okaloosa-Bay Regional Tollway Authority.—
 2905         (1) There is hereby created and established a body politic
 2906  and corporate, an agency of the state, to be known as the
 2907  Okaloosa-Bay Regional Tollway Authority, hereinafter referred to
 2908  as the “authority.”
 2909         (2)The area served by the authority shall be Okaloosa,
 2910  Walton, and Bay Counties.
 2911         (3)The purposes and powers of the authority are as
 2912  identified in the Florida Regional Tollway Authority Act for the
 2913  area served by the authority, and the authority operates in the
 2914  manner provided by the Florida Regional Tollway Authority Act.
 2915         345.0017Suncoast Regional Tollway Authority.—
 2916         (1) There is hereby created and established a body politic
 2917  and corporate, an agency of the state, to be known as the
 2918  Suncoast Regional Tollway Authority, hereinafter referred to as
 2919  the “authority.”
 2920         (2)The area served by the authority shall be Citrus, Levy,
 2921  Marion, and Alachua Counties.
 2922         (3)The purposes and powers of the authority are as
 2923  identified in the Florida Regional Tollway Authority Act for the
 2924  area served by the authority, and the authority operates in the
 2925  manner provided by the Florida Regional Tollway Authority Act.
 2926         Section 43. Transfer to the Okaloosa-Bay Regional Tollway
 2927  Authority.—The governance and control of the Mid-Bay Bridge
 2928  Authority System, created pursuant to chapter 2000-411, Laws of
 2929  Florida, is transferred to the Okaloosa-Bay Regional Tollway
 2930  Authority.
 2931         (1)The assets, facilities, tangible and intangible
 2932  property and any rights in such property, and any other legal
 2933  rights of the bridge authority, including the bridge system
 2934  operated by the authority, are transferred to the regional
 2935  tollway authority. All powers of the bridge authority shall
 2936  succeed to the regional tollway authority, and the operations
 2937  and maintenance of the bridge system shall be under the control
 2938  of the regional tollway authority, pursuant to this section.
 2939  Revenues collected on the bridge system may be considered
 2940  regional tollway authority revenues, and the Mid-Bay Bridge may
 2941  be considered part of the regional tollway authority system, if
 2942  bonds of the bridge authority are not outstanding. The regional
 2943  tollway authority also assumes all liability for bonds of the
 2944  bridge authority pursuant to the provisions of subsection (2).
 2945  The regional tollway authority may review other contracts,
 2946  financial obligations, and contractual obligations and
 2947  liabilities of the bridge authority and may assume legal
 2948  liability for the obligations that are determined to be
 2949  necessary for the continued operation of the bridge system.
 2950         (2)The transfer pursuant to this section is subject to the
 2951  terms and covenants provided for the protection of the holders
 2952  of the Mid-Bay Bridge Authority bonds in the lease-purchase
 2953  agreement and the resolutions adopted in connection with the
 2954  issuance of the bonds. Further, the transfer does not impair the
 2955  terms of the contract between the bridge authority and the
 2956  bondholders, does not act to the detriment of the bondholders,
 2957  and does not diminish the security for the bonds. After the
 2958  transfer, until the bonds of the bridge authority are fully
 2959  defeased or paid in full, the department shall operate and
 2960  maintain the bridge system and any other facilities of the
 2961  authority in accordance with the terms, conditions, and
 2962  covenants contained in the bond resolutions and lease-purchase
 2963  agreement securing the bonds of the bridge authority. The
 2964  Department of Transportation, as the agent of the regional
 2965  tollway authority, shall collect toll revenues and apply them to
 2966  the payment of debt service as provided in the bond resolution
 2967  securing the bonds. The regional tollway authority shall
 2968  expressly assume all obligations relating to the bonds to ensure
 2969  that the transfer will have no adverse impact on the security
 2970  for the bonds of the bridge authority. The transfer does not
 2971  make the obligation to pay the principal and interest on the
 2972  bonds a general liability of the regional tollway authority or
 2973  pledge the regional tollway authority system revenues to payment
 2974  of the bridge authority bonds. Revenues that are generated by
 2975  the bridge system and other facilities of the bridge authority
 2976  and that were pledged by the bridge authority to the payment of
 2977  the bonds remain subject to the pledge for the benefit of the
 2978  bondholders. The transfer does not modify or eliminate any prior
 2979  obligation of the Department of Transportation to pay certain
 2980  costs of the bridge system from sources other than revenues of
 2981  the bridge system. With regard to the bridge authority’s current
 2982  long-term debt of $16.1 million due to the department as of June
 2983  30, 2011, and to the extent permitted by the bond resolutions
 2984  and lease-purchase agreement securing the bonds, the regional
 2985  tollway authority shall make payment annually to the State
 2986  Transportation Trust Fund, for the purpose of repaying the
 2987  bridge authority’s long-term debt due to the department, from
 2988  any bridge system revenues obtained under this section which
 2989  remain after the payment of the costs of operations,
 2990  maintenance, renewal, and replacement of the bridge system; the
 2991  payment of current debt service; and other payments required in
 2992  relation to the bonds. The regional tollway authority shall make
 2993  the annual payments, not to exceed $1 million per year, to the
 2994  State Transportation Trust Fund until all remaining authority
 2995  long-term debt due to the department has been repaid.
 2996         (3) Any remaining toll revenue from the facilities of the
 2997  Mid-Bay Bridge Authority collected by the Okaloosa-Bay Regional
 2998  Tollway Authority after meeting the requirements of subsections
 2999  (1) and (2) shall be used for the construction, maintenance, or
 3000  improvement of any toll facility of the Okaloosa-Bay Regional
 3001  Tollway Authority within the county or counties in which the
 3002  revenue was collected.
 3003         Section 44. Except as otherwise expressly provided in this
 3004  act, this act shall take effect upon becoming a law.