Florida Senate - 2013                              CS for SB 952
       
       
       
       By the Committee on Appropriations; and Senators Simmons and
       Gardiner
       
       
       
       576-04627-13                                           2013952c1
    1                        A bill to be entitled                      
    2         An act relating to the Orlando-Orange County
    3         Expressway Authority; amending ss. 348.751 and
    4         348.752, F.S.; renaming the Orlando-Orange County
    5         Expressway System as the “Central Florida Expressway
    6         System”; revising definitions; making technical
    7         changes; amending s. 348.753, F.S.; creating the
    8         Central Florida Expressway Authority; providing for
    9         the transfer of governance and control, legal rights
   10         and powers, responsibilities, terms, and obligations
   11         to the authority; providing conditions for the
   12         transfer; revising the composition of the governing
   13         body of the authority; providing for appointment of
   14         officers of the authority; revising quorum and voting
   15         requirements; conforming terminology and making
   16         technical changes; amending s. 348.754, F.S.;
   17         providing that the area served by the authority is
   18         within the geopolitical boundaries of Orange,
   19         Seminole, Lake, and Osceola Counties; requiring the
   20         authority to have prior consent from the Secretary of
   21         the Department of Transportation to construct an
   22         extension, addition, or improvement to the expressway
   23         system in Lake County; extending, to 99 years from 40
   24         years, the term of a lease or lease-purchase
   25         agreement; limiting the authority’s authority to enter
   26         into a lease-purchase agreement; limiting the use of
   27         certain toll-revenues; providing exceptions; removing
   28         the requirement that the route of a project must be
   29         approved by a municipality before the right-of-way can
   30         be acquired; requiring that the authority encourage
   31         the inclusion of local-, small-, minority-, and women
   32         owned businesses in its procurement and contracting
   33         opportunities; removing the authority and criteria for
   34         an authority to waive payment and performance bonds
   35         for certain public works projects that are awarded
   36         pursuant to an economic development program;
   37         conforming terminology and making technical changes;
   38         amending ss. 348.7543, 348.7544, 348.7545, 348.7546,
   39         348.7547, 348.755, and 348.756, F.S.; conforming
   40         terminology and making technical changes; amending s.
   41         348.757, F.S.; providing that upon termination of the
   42         lease-purchase agreement of the former Orlando-Orange
   43         County Expressway System, title in fee simple to the
   44         system will be retained by the authority; conforming
   45         terminology and making technical changes; amending ss.
   46         348.758, 348.759, 348.760, 348.761, 348.765, and
   47         369.317, F.S.; conforming terminology and making
   48         technical changes; amending s. 369.324, F.S.; revising
   49         the membership of the Wekiva River Basin Commission;
   50         conforming terminology; providing criteria for the
   51         transfer of the Osceola County Expressway System to
   52         the Central Florida Expressway Authority; providing
   53         for the repeal of part V of ch. 348, F.S., when the
   54         Osceola County Expressway System is transferred to the
   55         Central Florida Expressway Authority; requiring the
   56         Central Florida Expressway Authority to reimburse
   57         other governmental entities for obligations related to
   58         the Osceola County Expressway System; providing for
   59         reimbursement after payment of other obligations;
   60         providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Section 348.751, Florida Statutes, is amended to
   65  read:
   66         348.751 Short title.—This part shall be known and may be
   67  cited as the “Central Florida Orlando-Orange County Expressway
   68  Authority Law.”
   69         Section 2. Section 348.752, Florida Statutes, is amended to
   70  read:
   71         348.752 Definitions.—As used in this chapter The following
   72  terms, whenever used or referred to in this law, shall have the
   73  following meanings, except in those instances where the context
   74  clearly indicates otherwise:
   75         (1) The term “agency of the state” means and includes the
   76  state and any department of, or corporation, agency, or
   77  instrumentality heretofore or hereafter created, designated, or
   78  established by, the state.
   79         (2) The term “authority” means the body politic and
   80  corporate, and agency of the state created by this part.
   81         (3) The term “bonds” means and includes the notes, bonds,
   82  refunding bonds, or other evidences of indebtedness or
   83  obligations, in either temporary or definitive form, which the
   84  authority is authorized to issue pursuant to this part.
   85         (4) The term “Central Florida Expressway Authority” means
   86  the body politic and corporate, and agency of the state created
   87  by this chapter.
   88         (5) The term “Central Florida Expressway System” means any
   89  expressway and appurtenant facilities, including all approaches,
   90  roads, bridges, and avenues for the expressway and any rapid
   91  transit, trams, or fixed guideways located within the right-of
   92  way of an expressway.
   93         (4) The term “city” means the City of Orlando.
   94         (5) The term “county” means the County of Orange.
   95         (6) The term “department” means the Department of
   96  Transportation existing under chapters 334-339.
   97         (7) The term “expressway” has the same meaning is the same
   98  as limited access expressway.
   99         (8) The term “federal agency” means and includes the United
  100  States, the President of the United States, and any department
  101  of, or corporation, agency, or instrumentality heretofore or
  102  hereafter created, designated, or established by, the United
  103  States.
  104         (9) The term “lease-purchase agreement” means the lease
  105  purchase agreements that which the authority is authorized
  106  pursuant to this part to enter into with the Department of
  107  Transportation pursuant to this part.
  108         (10) The term “limited access expressway” means a street or
  109  highway specifically especially designed for through traffic,
  110  and over, from, or to which, a no person does not shall have the
  111  right of easement, use, or access except in accordance with the
  112  rules of and regulations promulgated and established by the
  113  authority governing its use for the use of such facility. Such
  114  highways or streets may be parkways that do not allow traffic
  115  by, from which trucks, buses, and other commercial vehicles
  116  shall be excluded, or they may be freeways open to use by all
  117  customary forms of street and highway traffic.
  118         (11) The term “members” means the governing body of the
  119  authority, and the term “member” means an individual who serves
  120  on the one of the individuals constituting such governing body
  121  of the authority.
  122         (12) The term “Orange County gasoline tax funds” means all
  123  the revenue derived from the 80-percent surplus gasoline tax
  124  funds accruing in each year to the Department of Transportation
  125  for use in Orange County under the provisions of s. 9, Art. XII
  126  of the State Constitution, after deducting deduction only of any
  127  amounts of said gasoline tax funds previously heretofore pledged
  128  by the department or the county for outstanding obligations.
  129         (13) The term “Orlando-Orange County Expressway System”
  130  means any and all expressways and appurtenant facilities
  131  thereto, including, but not limited to, all approaches, roads,
  132  bridges, and avenues of access for said expressway or
  133  expressways.
  134         (13)(14) The term “State Board of Administration” means the
  135  body corporate existing under the provisions of s. 9, Art. XII
  136  of the State Constitution, or any successor thereto.
  137         (14) The term “transportation facilities” means and
  138  includes the mobile and fixed assets, and the associated real or
  139  personal property or rights, used in the transportation of
  140  persons or property by any means of conveyance, and all
  141  appurtenances, such as, but not limited to, highways; limited or
  142  controlled access lanes, avenues of access, and facilities;
  143  vehicles; fixed guideway facilities, including maintenance
  144  facilities; and administrative and other office space for the
  145  exercise by the authority of the powers and obligations granted
  146  in this part.
  147         (15) Words importing singular number include the plural
  148  number in each case and vice versa, and words importing persons
  149  include firms and corporations.
  150         Section 3. Section 348.753, Florida Statutes, is amended to
  151  read:
  152         348.753 Central Florida Orlando-Orange County Expressway
  153  Authority.—
  154         (1) There is hereby created and established a body politic
  155  and corporate, an agency of the state, to be known as the
  156  Central Florida Orlando-Orange County Expressway Authority.,
  157  hereinafter referred to as “authority.”
  158         (2)(a)Effective July 1, 2014, the Central Florida
  159  Expressway Authority shall assume the governance and control of
  160  the Orlando-Orange County Expressway Authority System, including
  161  its assets, personnel, contracts, obligations, liabilities,
  162  facilities, and tangible and intangible property. Any rights in
  163  such property, and other legal rights of the authority, are
  164  transferred to the Central Florida Expressway Authority. The
  165  powers, responsibilities, and obligations of the Orlando-Orange
  166  County Expressway Authority shall succeed to and be assumed by
  167  the Central Florida Expressway Authority on July 1, 2014.
  168         (b)The transfer pursuant to this subsection is subject to
  169  the terms and covenants provided for the protection of the
  170  holders of the Orlando-Orange County Expressway Authority bonds
  171  in the lease-purchase agreement and the resolutions adopted in
  172  connection with the issuance of the bonds. Further, the transfer
  173  does not impair the terms of the contract between the Orlando
  174  Orange County Expressway Authority and the bondholders, does not
  175  act to the detriment of the bondholders, and does not diminish
  176  the security for the bonds. After the transfer, the Central
  177  Florida Expressway Authority shall operate and maintain the
  178  expressway system and any other facilities of the Orlando-Orange
  179  County Expressway Authority in accordance with the terms,
  180  conditions, and covenants contained in the bond resolutions and
  181  lease-purchase agreement securing the bonds of the authority.
  182  The Central Florida Expressway Authority shall collect toll
  183  revenues and apply them to the payment of debt service as
  184  provided in the bond resolution securing the bonds, and shall
  185  expressly assume all obligations relating to the bonds to ensure
  186  that the transfer will have no adverse impact on the security
  187  for the bonds. The transfer does not make the obligation to pay
  188  the principal and interest on the bonds a general liability of
  189  the Central Florida Expressway Authority or pledge additional
  190  expressway system revenues to payment of the bonds. Revenues
  191  that are generated by the expressway system and other facilities
  192  of the Central Florida Expressway Authority which were pledged
  193  by the Orlando-Orange County Expressway Authority to payment of
  194  the bonds will remain subject to the pledge for the benefit of
  195  the bondholders. The transfer does not modify or eliminate any
  196  prior obligation of the department to pay certain costs of the
  197  expressway system from sources other than revenues of the
  198  expressway system.
  199         (3)(2) The governing body of the authority shall consist of
  200  11 five members. The chairs of the boards of the county
  201  commissions of Seminole, Lake, and Osceola Counties shall each
  202  appoint one member, who may be a commission member or chair. The
  203  Governor shall appoint six citizen members. Of the Governor’s
  204  appointments, two Three members must shall be citizens of Orange
  205  County, one member each must be a citizen of Seminole, Lake, and
  206  Osceola Counties, and one member may be a citizen of any of the
  207  identified counties who shall be appointed by the Governor. The
  208  10th fourth member must shall be, ex officio, the Mayor of chair
  209  of the County Commissioners of Orange County. The 11th member
  210  must be the Mayor of the City of Orlando. The executive director
  211  of Florida Turnpike Enterprise shall serve as a nonvoting
  212  advisor to the governing body of the authority, and the fifth
  213  member shall be, ex officio, the district secretary of the
  214  Department of Transportation serving in the district that
  215  contains Orange County. The term of Each appointed member
  216  appointed by the Governor shall serve be for 4 years. Each
  217  county-appointed member shall serve for 2 years. Standing board
  218  members shall complete their terms. Each appointed member shall
  219  hold office until his or her successor has been appointed and
  220  has qualified. A vacancy occurring during a term must shall be
  221  filled only for the balance of the unexpired term. Each
  222  appointed member of the authority shall be a person of
  223  outstanding reputation for integrity, responsibility, and
  224  business ability, but, except as provided in this subsection, a
  225  no person who is an officer or employee of a municipality or any
  226  city or of Orange county may not in any other capacity shall be
  227  an appointed member of the authority. Any member of the
  228  authority is shall be eligible for reappointment.
  229         (4)(3)(a) The authority shall elect one of its members as
  230  chair of the authority. The authority shall also elect one of
  231  its members as vice chair, one of its members as a secretary,
  232  and one of its members as a treasurer who may or may not be
  233  members of the authority. The chair, vice chair, secretary, and
  234  treasurer shall hold such offices at the will of the authority.
  235  Six Three members of the authority shall constitute a quorum,
  236  and the vote of six three members is shall be necessary for any
  237  action taken by the authority. A No vacancy in the authority
  238  does not shall impair the right of a quorum of the authority to
  239  exercise all of the rights and perform all of the duties of the
  240  authority.
  241         (b) Upon the effective date of his or her appointment, or
  242  as soon thereafter as practicable, each appointed member of the
  243  authority shall enter upon his or her duties.
  244         (5)(4)(a) The authority may employ an executive secretary,
  245  an executive director, its own counsel and legal staff,
  246  technical experts, and the such engineers, and such employees
  247  that, permanent or temporary, as it requires. The authority may
  248  require and may determine the qualifications and fix the
  249  compensation of such persons, firms, or corporations, and may
  250  employ a fiscal agent or agents;, provided, however, that the
  251  authority shall solicit sealed proposals from at least three
  252  persons, firms, or corporations for the performance of any
  253  services as fiscal agents. The authority may delegate to one or
  254  more of its agents or employees the such of its power as it
  255  deems shall deem necessary to carry out the purposes of this
  256  part, subject always to the supervision and control of the
  257  authority. Members of the authority may be removed from their
  258  office by the Governor for misconduct, malfeasance, misfeasance,
  259  or nonfeasance in office.
  260         (b) Members of the authority are shall be entitled to
  261  receive from the authority their travel and other necessary
  262  expenses incurred in connection with the business of the
  263  authority as provided in s. 112.061, but may not they shall draw
  264  no salaries or other compensation.
  265         Section 4. Section 348.754, Florida Statutes, is amended to
  266  read:
  267         348.754 Purposes and powers.—
  268         (1)(a) The authority created and established under by the
  269  provisions of this part is hereby granted and has shall have the
  270  right to acquire, hold, construct, improve, maintain, operate,
  271  own, and lease in the capacity of lessor, the Central Florida
  272  Orlando-Orange County Expressway System, hereinafter referred to
  273  as “system.” Except as otherwise specifically provided by law,
  274  including paragraph (2)(n), the area served by the authority
  275  shall be within the geographical boundaries of Orange, Seminole,
  276  Lake, and Osceola Counties.
  277         (b) It is the express intention of this part that said
  278  authority, In the construction of the Central Florida said
  279  Orlando-Orange County Expressway System, the authority may shall
  280  be authorized to construct any extensions, additions, or
  281  improvements to the said system or appurtenant facilities,
  282  including all necessary approaches, roads, bridges, and avenues
  283  of access, rapid transit, trams, fixed guideways, thoroughfares,
  284  and boulevards with any such changes, modifications, or
  285  revisions of the said project which are as shall be deemed
  286  desirable and proper.
  287         (c)Notwithstanding any other provision of this section to
  288  the contrary, to ensure the continued financial feasibility of
  289  the portion of the Wekiva Parkway to be constructed by the
  290  department, the authority may not, without the prior consent of
  291  the secretary of the department, construct any extensions,
  292  additions, or improvements to the expressway system in Lake
  293  County.
  294         (2) The authority is hereby granted, and shall have and may
  295  exercise all powers necessary, appurtenant, convenient, or
  296  incidental to the implementation carrying out of the stated
  297  aforesaid purposes, including, but not without being limited to,
  298  the following rights and powers:
  299         (a) To sue and be sued, implead and be impleaded, complain
  300  and defend in all courts.
  301         (b) To adopt, use, and alter at will a corporate seal.
  302         (c) To acquire by donation or otherwise, purchase, hold,
  303  lease as lessee, and use any franchise or any, property, real,
  304  personal, or mixed, or tangible or intangible, or any options
  305  thereof in its own name or in conjunction with others, or
  306  interest in those options therein, necessary or desirable to
  307  carry for carrying out the purposes of the authority, and to
  308  sell, lease as lessor, transfer, and dispose of any property or
  309  interest in the property therein at any time acquired by it.
  310         (d) To enter into and make leases for terms not exceeding
  311  99 40 years, as either lessee or lessor, in order to carry out
  312  the right to lease as specified set forth in this part.
  313         (e) To enter into and make lease-purchase agreements with
  314  the department for terms not exceeding 99 40 years, or until any
  315  bonds secured by a pledge of rentals pursuant to the agreement
  316  thereunder, and any refundings pursuant to the agreement
  317  thereof, are fully paid as to both principal and interest,
  318  whichever is longer. The authority is a party to a lease
  319  purchase agreement between the department and the authority
  320  dated December 23, 1985, as supplemented by a first supplement
  321  to the lease-purchase agreement dated November 25, 1986, and a
  322  second supplement to the lease-purchase agreement dated October
  323  27, 1988. The authority may not enter into other lease-purchase
  324  agreements with the department and may not amend the existing
  325  agreement in a manner that expands or increases the department’s
  326  obligations unless the department determines that the agreement
  327  or amendment is necessary to permit the refunding of bonds
  328  issued before July 1, 2012.
  329         (f) To fix, alter, charge, establish, and collect rates,
  330  fees, rentals, and other charges for the services and facilities
  331  of the Central Florida Orlando-Orange County Expressway System,
  332  which must rates, fees, rentals and other charges shall always
  333  be sufficient to comply with any covenants made with the holders
  334  of any bonds issued pursuant to this part; provided, however,
  335  that such right and power may be assigned or delegated, by the
  336  authority, to the department. Toll revenues attributable to an
  337  increase in the toll rates charged on or after July 1, 2014, for
  338  the use of a facility or portion of a facility may not be used
  339  to construct or expand a different facility unless a two-thirds
  340  majority of the members of the authority votes to approve such
  341  use. This requirement does not apply if, and to the extent that:
  342         1. Application of the requirement would violate any
  343  covenant established in a resolution or trust indenture under
  344  which bonds were issued by the Orlando-Orange County Expressway
  345  Authority on or before July 1, 2014; or
  346         2. Application of the requirement would cause the authority
  347  to be unable to meet its obligations under the terms of the
  348  memorandum of understanding between the authority and the
  349  department as ratified by the Orlando-Orange County Expressway
  350  Authority board on February 22, 2012.
  351  
  352  Notwithstanding s. 338.165, and except as otherwise prohibited
  353  by this part, to the extent revenues of the expressway system
  354  exceed amounts required to comply with any covenants made with
  355  the holders of bonds issued pursuant to this part, revenues may
  356  be used for purposes enumerated in subsection (6), provided the
  357  expenditures are consistent with the metropolitan planning
  358  organization’s adopted long-range plan.
  359         (g) To borrow money, make and issue negotiable notes,
  360  bonds, refunding bonds, and other evidences of indebtedness or
  361  obligations, either in temporary or definitive form, hereinafter
  362  in this chapter sometimes called “bonds” of the authority, for
  363  the purpose of financing all or part of the improvement or
  364  extension of the Central Florida Orlando-Orange County
  365  Expressway System, and appurtenant facilities, including all
  366  approaches, streets, roads, bridges, and avenues of access for
  367  the Central Florida said Orlando-Orange County Expressway System
  368  and for any other purpose authorized by this part, said bonds to
  369  mature in not exceeding 40 years from the date of the issuance
  370  thereof, and to secure the payment of such bonds or any part
  371  thereof by a pledge of any or all of its revenues, rates, fees,
  372  rentals, or other charges, including all or any portion of the
  373  Orange County gasoline tax funds received by the authority
  374  pursuant to the terms of any lease-purchase agreement between
  375  the authority and the department; and in general to provide for
  376  the security of the said bonds and the rights and remedies of
  377  the holders thereof. Provided, However, that no portion of the
  378  Orange County gasoline tax funds may shall be pledged for the
  379  construction of any project for which a toll is to be charged
  380  unless the anticipated toll is tolls are reasonably estimated by
  381  the board of county commissioners, at the date of its resolution
  382  pledging the said funds, to be sufficient to cover the principal
  383  and interest of such obligations during the period when the said
  384  pledge of funds is shall be in effect. The bonds issued under
  385  this paragraph must mature not more than 40 years after their
  386  issue date.
  387         1. The authority shall reimburse Orange County for any sums
  388  expended from the said gasoline tax funds used for the payment
  389  of such obligations. Any gasoline tax funds so disbursed must
  390  shall be repaid when the authority deems it practicable,
  391  together with interest at the highest rate applicable to any
  392  obligations of the authority.
  393         2. If, pursuant to this section, In the event the authority
  394  funds shall determine to fund or refunds refund any bonds
  395  previously theretofore issued by the said authority, or the by
  396  said commission before the bonds mature as aforesaid prior to
  397  the maturity thereof, the proceeds of such funding or refunding
  398  must bonds shall, pending the prior redemption of these the
  399  bonds to be funded or refunded, be invested in direct
  400  obligations of the United States, and it is the express
  401  intention of this part that such outstanding bonds may be funded
  402  or refunded by the issuance of bonds pursuant to this part.
  403         (h) To make contracts of every name and nature, including,
  404  but not limited to, partnerships providing for participation in
  405  ownership and revenues, and to execute all instruments necessary
  406  or convenient for conducting the carrying on of its business.
  407         (i) Notwithstanding paragraphs (a)-(h), Without limitation
  408  of the foregoing, to borrow money and accept grants from, and to
  409  enter into contracts, leases, or other transactions with any
  410  federal agency, the state, any agency of the state, the County
  411  of Orange, the City of Orlando, or with any other public body of
  412  the state.
  413         (j) To have the power of eminent domain, including the
  414  procedural powers granted under both chapters 73 and 74.
  415         (k) To pledge, hypothecate, or otherwise encumber all or
  416  any part of the revenues, rates, fees, rentals, or other charges
  417  or receipts of the authority, including all or any portion of
  418  the Orange County gasoline tax funds received by the authority
  419  pursuant to the terms of any lease-purchase agreement between
  420  the authority and the department, as security for all or any of
  421  the obligations of the authority.
  422         (l) To enter into partnership and other agreements
  423  respecting ownership and revenue participation in order to
  424  facilitate financing and constructing the Western Beltway, or
  425  portions thereof.
  426         (m) To do everything all acts and things necessary or
  427  convenient for the conduct of its business and the general
  428  welfare of the authority, in order to comply with carry out the
  429  powers granted to it by this part or any other law.
  430         (n) With the consent of the county within whose
  431  jurisdiction the following activities occur, the authority shall
  432  have the right to construct, operate, and maintain roads,
  433  bridges, avenues of access, transportation facilities,
  434  thoroughfares, and boulevards outside the jurisdictional
  435  boundaries of Orange, Seminole, Lake, and Osceola Counties
  436  County, together with the right to construct, repair, replace,
  437  operate, install, and maintain electronic toll payment systems
  438  thereon, with all necessary and incidental powers to accomplish
  439  the foregoing.
  440         (3) The authority does not shall have the no power at any
  441  time or in any manner to pledge the credit or taxing power of
  442  the state or any political subdivision or agency thereof,
  443  including any city and any county the City of Orlando and the
  444  County of Orange, nor may nor shall any of the authority’s
  445  obligations be deemed to be obligations of the state or of any
  446  political subdivision or agency thereof, nor may nor shall the
  447  state or any political subdivision or agency thereof, except the
  448  authority, be liable for the payment of the principal of or
  449  interest on such obligations.
  450         (4) Anything in this part to the contrary notwithstanding,
  451  acquisition of right-of-way for a project of the authority which
  452  is within the boundaries of any municipality in Orange County
  453  shall not be begun unless and until the route of said project
  454  within said municipality has been given prior approval by the
  455  governing body of said municipality.
  456         (4)(5) The authority has shall have no power other than by
  457  consent of an affected Orange county or any affected city, to
  458  enter into any agreement which would legally prohibit the
  459  construction of a any road by the respective county or city
  460  Orange County or by any city within Orange County.
  461         (5)The authority shall encourage the inclusion of local-,
  462  small-, minority-, and women-owned businesses in its procurement
  463  and contracting opportunities.
  464         (6)(a)The authority may, within the right-of-way of the
  465  expressway system, finance or refinance the planning, design,
  466  acquisition, construction, extension, rehabilitation, equipping,
  467  preservation, maintenance, or improvement of an intermodal
  468  facility or facilities, a multimodal corridor or corridors, or
  469  any programs or projects that will improve the levels of service
  470  on the expressway system Notwithstanding s. 255.05, the Orlando
  471  Orange County Expressway Authority may waive payment and
  472  performance bonds on construction contracts for the construction
  473  of a public building, for the prosecution and completion of a
  474  public work, or for repairs on a public building or public work
  475  that has a cost of $500,000 or less and when the project is
  476  awarded pursuant to an economic development program for the
  477  encouragement of local small businesses that has been adopted by
  478  the governing body of the Orlando-Orange County Expressway
  479  Authority pursuant to a resolution or policy.
  480         (b) The authority’s adopted criteria for participation in
  481  the economic development program for local small businesses
  482  requires that a participant:
  483         1. Be an independent business.
  484         2. Be principally domiciled in the Orange County Standard
  485  Metropolitan Statistical Area.
  486         3. Employ 25 or fewer full-time employees.
  487         4. Have gross annual sales averaging $3 million or less
  488  over the immediately preceding 3 calendar years with regard to
  489  any construction element of the program.
  490         5. Be accepted as a participant in the Orlando-Orange
  491  County Expressway Authority’s microcontracts program or such
  492  other small business program as may be hereinafter enacted by
  493  the Orlando-Orange County Expressway Authority.
  494         6. Participate in an educational curriculum or technical
  495  assistance program for business development that will assist the
  496  small business in becoming eligible for bonding.
  497         (c) The authority’s adopted procedures for waiving payment
  498  and performance bonds on projects with values not less than
  499  $200,000 and not exceeding $500,000 shall provide that payment
  500  and performance bonds may only be waived on projects that have
  501  been set aside to be competitively bid on by participants in an
  502  economic development program for local small businesses. The
  503  authority’s executive director or his or her designee shall
  504  determine whether specific construction projects are suitable
  505  for:
  506         1. Bidding under the authority’s microcontracts program by
  507  registered local small businesses; and
  508         2. Waiver of the payment and performance bond.
  509  
  510  The decision of the authority’s executive director or deputy
  511  executive director to waive the payment and performance bond
  512  shall be based upon his or her investigation and conclusion that
  513  there exists sufficient competition so that the authority
  514  receives a fair price and does not undertake any unusual risk
  515  with respect to such project.
  516         (d) For any contract for which a payment and performance
  517  bond has been waived pursuant to the authority set forth in this
  518  section, the Orlando-Orange County Expressway Authority shall
  519  pay all persons defined in s. 713.01 who furnish labor,
  520  services, or materials for the prosecution of the work provided
  521  for in the contract to the same extent and upon the same
  522  conditions that a surety on the payment bond under s. 255.05
  523  would have been obligated to pay such persons if the payment and
  524  performance bond had not been waived. The authority shall record
  525  notice of this obligation in the manner and location that surety
  526  bonds are recorded. The notice shall include the information
  527  describing the contract that s. 255.05(1) requires be stated on
  528  the front page of the bond. Notwithstanding that s. 255.05(9)
  529  generally applies when a performance and payment bond is
  530  required, s. 255.05(9) shall apply under this subsection to any
  531  contract on which performance or payment bonds are waived and
  532  any claim to payment under this subsection shall be treated as a
  533  contract claim pursuant to s. 255.05(9).
  534         (e) A small business that has been the successful bidder on
  535  six projects for which the payment and performance bond was
  536  waived by the authority pursuant to paragraph (a) shall be
  537  ineligible to bid on additional projects for which the payment
  538  and performance bond is to be waived. The local small business
  539  may continue to participate in other elements of the economic
  540  development program for local small businesses as long as it is
  541  eligible.
  542         (f) The authority shall conduct bond eligibility training
  543  for businesses qualifying for bond waiver under this subsection
  544  to encourage and promote bond eligibility for such businesses.
  545         (g) The authority shall prepare a biennial report on the
  546  activities undertaken pursuant to this subsection to be
  547  submitted to the Orange County legislative delegation. The
  548  initial report shall be due December 31, 2010.
  549         Section 5. Section 348.7543, Florida Statutes, is amended
  550  to read:
  551         348.7543 Improvements, bond financing authority for.
  552  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  553  Legislature hereby approves for bond financing by the Central
  554  Florida Orlando-Orange County Expressway Authority improvements
  555  to toll collection facilities, interchanges to the legislatively
  556  approved expressway system, and any other facility appurtenant,
  557  necessary, or incidental to the approved system. Subject to
  558  terms and conditions of applicable revenue bond resolutions and
  559  covenants, such costs may be financed in whole or in part by
  560  revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether
  561  currently issued or issued in the future, or by a combination of
  562  such bonds.
  563         Section 6. Section 348.7544, Florida Statutes, is amended
  564  to read:
  565         348.7544 Northwest Beltway Part A, construction authorized;
  566  financing.—Notwithstanding s. 338.2275, the Central Florida
  567  Orlando-Orange County Expressway Authority may is hereby
  568  authorized to construct, finance, operate, own, and maintain
  569  that portion of the Western Beltway known as the Northwest
  570  Beltway Part A, extending from Florida’s Turnpike near Ocoee
  571  north to U.S. 441 near Apopka, as part of the authority’s 20
  572  year capital projects plan. This project may be financed with
  573  any funds available to the authority for such purpose or revenue
  574  bonds issued by the Division of Bond Finance of the State Board
  575  of Administration on behalf of the authority pursuant to s. 11,
  576  Art. VII of the State Constitution and the State Bond Act, ss.
  577  215.57-215.83.
  578         Section 7. Section 348.7545, Florida Statutes, is amended
  579  to read:
  580         348.7545 Western Beltway Part C, construction authorized;
  581  financing.—Notwithstanding s. 338.2275, the Central Florida
  582  Orlando-Orange County Expressway Authority may is authorized to
  583  exercise its condemnation powers, construct, finance, operate,
  584  own, and maintain that portion of the Western Beltway known as
  585  the Western Beltway Part C, extending from Florida’s Turnpike
  586  near Ocoee in Orange County southerly through Orange and Osceola
  587  Counties to an interchange with I-4 near the Osceola-Polk County
  588  line, as part of the authority’s 20-year capital projects plan.
  589  This project may be financed with any funds available to the
  590  authority for such purpose or revenue bonds issued by the
  591  Division of Bond Finance of the State Board of Administration on
  592  behalf of the authority pursuant to s. 11, Art. VII of the State
  593  Constitution and the State Bond Act, ss. 215.57-215.83. This
  594  project may be refinanced with bonds issued by the authority
  595  pursuant to s. 348.755(1)(d).
  596         Section 8. Section 348.7546, Florida Statutes, is amended
  597  to read:
  598         348.7546 Wekiva Parkway, construction authorized;
  599  financing.—
  600         (1) The Central Florida Orlando-Orange County Expressway
  601  Authority may is authorized to exercise its condemnation powers
  602  and to construct, finance, operate, own, and maintain those
  603  portions of the Wekiva Parkway which are identified by agreement
  604  between the authority and the department and which are included
  605  as part of the authority’s long-range capital improvement plan.
  606  The “Wekiva Parkway” means any limited access highway or
  607  expressway constructed between State Road 429 and Interstate 4
  608  specifically incorporating the corridor alignment recommended by
  609  Recommendation 2 of the Wekiva River Basin Area Task Force final
  610  report dated January 15, 2003, and the recommendations of the SR
  611  429 Working Group, which were adopted January 16, 2004. This
  612  project may be financed with any funds available to the
  613  authority for such purpose or revenue bonds issued by the
  614  authority under s. 11, Art. VII of the State Constitution and s.
  615  348.755(1)(b). This section does not invalidate the exercise by
  616  the authority of its condemnation powers or the acquisition of
  617  any property for the Wekiva Parkway before July 1, 2012.
  618         (2) Notwithstanding any other provision of law to the
  619  contrary, in order to ensure that funds are available to the
  620  department for its portion of the Wekiva Parkway, beginning July
  621  1, 2012, the authority shall repay the expenditures by the
  622  department for costs of operation and maintenance of the Central
  623  Florida Orlando-Orange County Expressway System in accordance
  624  with the terms of the memorandum of understanding between the
  625  authority and the department as ratified by the authority board
  626  on February 22, 2012, which requires the authority to pay the
  627  department $10 million on July 1, 2012, and $20 million on each
  628  successive July 1 until the department has been fully reimbursed
  629  for all costs of the Central Florida Orlando-Orange County
  630  Expressway System which were paid, advanced, or reimbursed to
  631  the authority by the department, with a final payment in the
  632  amount of the balance remaining. Notwithstanding any other law
  633  to the contrary, the funds paid to the department pursuant to
  634  this subsection must shall be allocated by the department for
  635  construction of the Wekiva Parkway.
  636         (3) The department’s obligation to construct its portions
  637  of the Wekiva Parkway is contingent upon the timely payment by
  638  the authority of the annual payments required of the authority
  639  and receipt of all required environmental permits and approvals
  640  by the Federal Government.
  641         Section 9. Section 348.7547, Florida Statutes, is amended
  642  to read:
  643         348.7547 Maitland Boulevard Extension and Northwest Beltway
  644  Part A Realignment construction authorized; financing.
  645  Notwithstanding s. 338.2275, the Central Florida Orlando-Orange
  646  County Expressway Authority may is hereby authorized to exercise
  647  its condemnation powers, construct, finance, operate, own, and
  648  maintain the portion of State Road 414 known as the Maitland
  649  Boulevard Extension and the realigned portion of the Northwest
  650  Beltway Part A as part of the authority’s long-range capital
  651  improvement plan. The Maitland Boulevard Extension extends will
  652  extend from the current terminus of State Road 414 at U.S. 441
  653  west to State Road 429 in west Orange County. The realigned
  654  portion of the Northwest Beltway Part A runs will run from the
  655  point at or near where the Maitland Boulevard Extension connects
  656  will connect with State Road 429 and proceeds will proceed to
  657  the west and then north resulting in the northern terminus of
  658  State Road 429 moving farther west before reconnecting with U.S.
  659  441. However, under no circumstances may shall the realignment
  660  of the Northwest Beltway Part A conflict with or contradict with
  661  the alignment of the Wekiva Parkway as defined in s. 348.7546.
  662  This project may be financed with any funds available to the
  663  authority for such purpose or revenue bonds issued by the
  664  authority under s. 11, Art. VII of the State Constitution and s.
  665  348.755(1)(b).
  666         Section 10. Subsections (2) and (3) of section 348.755,
  667  Florida Statutes, are amended to read:
  668         348.755 Bonds of the authority.—
  669         (2) Any such resolution that authorizes or resolutions
  670  authorizing any bonds issued under this section hereunder may
  671  contain provisions that must which shall be part of the contract
  672  with the holders of such bonds, relating as to:
  673         (a) The pledging of all or any part of the revenues, rates,
  674  fees, rentals, (including all or any portion of the Orange
  675  County gasoline tax funds received by the authority pursuant to
  676  the terms of any lease-purchase agreement between the authority
  677  and the department, or any part thereof), or other charges or
  678  receipts of the authority, derived by the authority, from the
  679  Central Florida Orlando-Orange County Expressway System.
  680         (b) The completion, improvement, operation, extension,
  681  maintenance, repair, lease or lease-purchase agreement of the
  682  said system, and the duties of the authority and others,
  683  including the department, with reference thereto.
  684         (c) Limitations on the purposes to which the proceeds of
  685  the bonds, then or thereafter to be issued, or of any loan or
  686  grant by the United States or the state may be applied.
  687         (d) The fixing, charging, establishing, and collecting of
  688  rates, fees, rentals, or other charges for use of the services
  689  and facilities of the Central Florida Orlando-Orange County
  690  Expressway System or any part thereof.
  691         (e) The setting aside of reserves or sinking funds or
  692  repair and replacement funds and the regulation and disposition
  693  thereof.
  694         (f) Limitations on the issuance of additional bonds.
  695         (g) The terms and provisions of any lease-purchase
  696  agreement, deed of trust or indenture securing the bonds, or
  697  under which the same may be issued.
  698         (h) Any other or additional agreements with the holders of
  699  the bonds which the authority may deem desirable and proper.
  700         (3) The authority may employ fiscal agents as provided by
  701  this part or the State Board of Administration of Florida may
  702  upon request of the authority act as fiscal agent for the
  703  authority in the issuance of any bonds that which may be issued
  704  pursuant to this part, and the State Board of Administration may
  705  upon request of the authority take over the management, control,
  706  administration, custody, and payment of any or all debt services
  707  or funds or assets now or hereafter available for any bonds
  708  issued pursuant to this part. The authority may enter into any
  709  deeds of trust, indentures or other agreements with its fiscal
  710  agent, or with any bank or trust company within or without the
  711  state, as security for such bonds, and may, under such
  712  agreements, sign and pledge all or any of the revenues, rates,
  713  fees, rentals or other charges or receipts of the authority,
  714  including all or any portion of the Orange County gasoline tax
  715  funds received by the authority pursuant to the terms of any
  716  lease-purchase agreement between the authority and the
  717  department, thereunder. Such deed of trust, indenture, or other
  718  agreement may contain such provisions as are customary in such
  719  instruments, or, as the authority may authorize, including but
  720  without limitation, provisions as to:
  721         (a) The completion, improvement, operation, extension,
  722  maintenance, repair, and lease of, or lease-purchase agreement
  723  relating to the Central Florida Orlando-Orange County Expressway
  724  System, and the duties of the authority and others including the
  725  department, with reference thereto.
  726         (b) The application of funds and the safeguarding of funds
  727  on hand or on deposit.
  728         (c) The rights and remedies of the trustee and the holders
  729  of the bonds.
  730         (d) The terms and provisions of the bonds or the
  731  resolutions authorizing the issuance of same.
  732         Section 11. Subsections (3) and (4) of section 348.756,
  733  Florida Statutes, are amended to read:
  734         348.756 Remedies of the bondholders.—
  735         (3) When a Any trustee is when appointed pursuant to
  736  subsection (1) as aforesaid, or is acting under a deed of trust,
  737  indenture, or other agreement, and whether or not all bonds have
  738  been declared due and payable, the trustee is shall be entitled
  739  as of right to the appointment of a receiver, who may enter upon
  740  and take possession of the Central Florida Orlando-Orange County
  741  Expressway System or the facilities or any part of the system or
  742  facilities or parts thereof, the rates, fees, rentals, or other
  743  revenues, charges, or receipts that from which are, or may be,
  744  applicable to the payment of the bonds so in default, and
  745  subject to and in compliance with the provisions of any lease
  746  purchase agreement between the authority and the department
  747  operate and maintain the same, for and on behalf of and in the
  748  name of, the authority, the department, and the bondholders, and
  749  collect and receive all rates, fees, rentals, and other charges
  750  or receipts or revenues arising therefrom in the same manner as
  751  the authority or the department might do, and shall deposit all
  752  such moneys in a separate account and apply the same in such
  753  manner as the court directs shall direct. In any suit, action,
  754  or proceeding by the trustee, the fees, counsel fees, and
  755  expenses of the trustee, and the said receiver, if any, and all
  756  costs and disbursements allowed by the court must shall be a
  757  first charge on any rates, fees, rentals, or other charges,
  758  revenues, or receipts, derived from the Central Florida Orlando
  759  Orange County Expressway System, or the facilities or services
  760  or any part of the system or facilities or parts thereof,
  761  including payments under any such lease-purchase agreement as
  762  aforesaid which said rates, fees, rentals, or other charges,
  763  revenues, or receipts shall or may be applicable to the payment
  764  of the bonds that are so in default. The Such trustee has shall,
  765  in addition to the foregoing, have and possess all of the powers
  766  necessary or appropriate for the exercise of any functions
  767  specifically set forth in this section herein or incident to the
  768  representation of the bondholders in the enforcement and
  769  protection of their rights.
  770         (4) Nothing in This section or any other section of this
  771  part does not shall authorize any receiver appointed pursuant
  772  hereto for the purpose, subject to and in compliance with the
  773  provisions of any lease-purchase agreement between the authority
  774  and the department, of operating and maintaining the Central
  775  Florida Orlando-Orange County Expressway System or any
  776  facilities or part of the system or facilities or parts thereof,
  777  to sell, assign, mortgage, or otherwise dispose of any of the
  778  assets of whatever kind and character belonging to the
  779  authority. It is the intention of this part to limit The powers
  780  of the such receiver, subject to and in compliance with the
  781  provisions of any lease-purchase agreement between the authority
  782  and the department, are limited to the operation and maintenance
  783  of the Central Florida Orlando-Orange County Expressway System,
  784  or any facility, or part or parts thereof, as the court may
  785  direct, in the name and for and on behalf of the authority, the
  786  department, and the bondholders, and no holder of bonds on the
  787  authority nor any trustee, has shall ever have the right in any
  788  suit, action, or proceeding at law or in equity, to compel a
  789  receiver, nor may shall any receiver be authorized or any court
  790  be empowered to direct the receiver to sell, assign, mortgage,
  791  or otherwise dispose of any assets of whatever kind or character
  792  belonging to the authority.
  793         Section 12. Subsections (1) through (7) of section 348.757,
  794  Florida Statutes, are amended to read:
  795         348.757 Lease-purchase agreement.—
  796         (1) In order to effectuate the purposes of this part and as
  797  authorized by this part, The authority may enter into a lease
  798  purchase agreement with the department relating to and covering
  799  the former Orlando-Orange County Expressway System.
  800         (2) The Such lease-purchase agreement must shall provide
  801  for the leasing of the former Orlando-Orange County Expressway
  802  System, by the authority, as lessor, to the department, as
  803  lessee, must shall prescribe the term of such lease and the
  804  rentals to be paid thereunder, and must shall provide that upon
  805  the completion of the faithful performance thereunder and the
  806  termination of the such lease-purchase agreement, title in fee
  807  simple absolute to the former Orlando-Orange County Expressway
  808  System as then constituted shall be transferred in accordance
  809  with law by the authority, to the state and the authority shall
  810  deliver to the department such deeds and conveyances as shall be
  811  necessary or convenient to vest title in fee simple absolute in
  812  the state.
  813         (3) The Such lease-purchase agreement may include such
  814  other provisions, agreements, and covenants that as the
  815  authority and the department deem advisable or required,
  816  including, but not limited to, provisions as to the bonds to be
  817  issued under, and for the purposes of, this part, the
  818  completion, extension, improvement, operation, and maintenance
  819  of the former Orlando-Orange County Expressway System and the
  820  expenses and the cost of operation of the said authority, the
  821  charging and collection of tolls, rates, fees, and other charges
  822  for the use of the services and facilities of the system
  823  thereof, the application of federal or state grants or aid that
  824  which may be made or given to assist the authority in the
  825  completion, extension, improvement, operation, and maintenance
  826  of the former Orlando-Orange County Orlando Expressway System,
  827  which the authority is hereby authorized to accept and apply to
  828  such purposes, the enforcement of payment and collection of
  829  rentals and any other terms, provisions, or covenants necessary,
  830  incidental, or appurtenant to the making of and full performance
  831  under the such lease-purchase agreement.
  832         (4) The department as lessee under the such lease-purchase
  833  agreement, may is hereby authorized to pay as rentals under the
  834  agreement thereunder any rates, fees, charges, funds, moneys,
  835  receipts, or income accruing to the department from the
  836  operation of the former Orlando-Orange County Expressway System
  837  and the Orange County gasoline tax funds and may also pay as
  838  rentals any appropriations received by the department pursuant
  839  to any act of the Legislature of the state heretofore or
  840  hereafter enacted; provided, however, this part or the that
  841  nothing herein nor in such lease-purchase agreement is not
  842  intended to and does not nor shall this part or such lease
  843  purchase agreement require the making or continuance of such
  844  appropriations, and nor shall any holder of bonds issued
  845  pursuant to this part does not ever have any right to compel the
  846  making or continuance of such appropriations.
  847         (5) A No pledge of the said Orange County gasoline tax
  848  funds as rentals under a such lease-purchase agreement may not
  849  shall be made without the consent of the County of Orange
  850  evidenced by a resolution duly adopted by the board of county
  851  commissioners of said county at a public hearing held pursuant
  852  to due notice thereof published at least once a week for 3
  853  consecutive weeks before the hearing in a newspaper of general
  854  circulation in Orange County. The Said resolution, among other
  855  things, must shall provide that any excess of the said pledged
  856  gasoline tax funds which is not required for debt service or
  857  reserves for the such debt service for any bonds issued by the
  858  said authority shall be returned annually to the department for
  859  distribution to Orange County as provided by law. Before making
  860  any application for a such pledge of gasoline tax funds, the
  861  authority shall present the plan of its proposed project to the
  862  Orange County planning and zoning commission for its comments
  863  and recommendations.
  864         (6) The Said department may shall have power to covenant in
  865  any lease-purchase agreement that it will pay all or any part of
  866  the cost of the operation, maintenance, repair, renewal, and
  867  replacement of the said system, and any part of the cost of
  868  completing the said system to the extent that the proceeds of
  869  bonds issued therefor are insufficient, from sources other than
  870  the revenues derived from the operation of the said system and
  871  the said Orange County gasoline tax funds. The said department
  872  may also agree to make such other payments from any moneys
  873  available to the said commission, the said county, or the said
  874  city in connection with the construction or completion of the
  875  said system as shall be deemed by the said department to be fair
  876  and proper under any such covenants heretofore or hereafter
  877  entered into.
  878         (7) The said system must shall be a part of the state road
  879  system and the said department may is hereby authorized, upon
  880  the request of the authority, to expend out of any funds
  881  available for the purpose the such moneys, and to use such of
  882  its engineering and other forces, as may be necessary and
  883  desirable in the judgment of said department, for the operation
  884  of the said authority and for traffic surveys, borings, surveys,
  885  preparation of plans and specifications, estimates of cost, and
  886  other preliminary engineering and other studies; provided,
  887  however, that the aggregate amount of moneys expended for the
  888  said purposes by the said department do shall not exceed the sum
  889  of $375,000.
  890         Section 13. Section 348.758, Florida Statutes, is amended
  891  to read:
  892         348.758 Appointment of department as may be appointed agent
  893  of authority for construction.—The department may be appointed
  894  by the said authority as its agent for the purpose of
  895  constructing improvements and extensions to the Central Florida
  896  Orlando-Orange County Expressway System and for its the
  897  completion thereof. In such event, the authority shall provide
  898  the department with complete copies of all documents,
  899  agreements, resolutions, contracts, and instruments relating
  900  thereto and shall request the department to do such construction
  901  work, including the planning, surveying, and actual construction
  902  of the completion, extensions, and improvements to the Central
  903  Florida Orlando-Orange County Expressway System and shall
  904  transfer to the credit of an account of the department in the
  905  State Treasury of the state the necessary funds, therefor and
  906  the department may shall thereupon be authorized, empowered and
  907  directed to proceed with such construction and to use the said
  908  funds for such purpose in the same manner that it is now
  909  authorized to use the funds otherwise provided by law for the
  910  its use in construction of roads and bridges.
  911         Section 14. Section 348.759, Florida Statutes, is amended
  912  to read:
  913         348.759 Acquisition of lands and property.—
  914         (1) For the purposes of this part, the Central Florida
  915  Orlando-Orange County Expressway Authority may acquire private
  916  or public property and property rights, including rights of
  917  access, air, view, and light, by gift, devise, purchase, or
  918  condemnation by eminent domain proceedings, as the authority
  919  deems may deem necessary for any of the purposes of this part,
  920  including, but not limited to, any lands reasonably necessary
  921  for securing applicable permits, areas necessary for management
  922  of access, borrow pits, drainage ditches, water retention areas,
  923  rest areas, replacement access for landowners whose access is
  924  impaired due to the construction of a facility, and replacement
  925  rights-of-way for relocated rail and utility facilities; for
  926  existing, proposed, or anticipated transportation facilities on
  927  the Central Florida Orlando-Orange County Expressway System or
  928  in a transportation corridor designated by the authority; or for
  929  the purposes of screening, relocation, removal, or disposal of
  930  junkyards and scrap metal processing facilities. The authority
  931  may shall also have the power to condemn any material and
  932  property necessary for such purposes.
  933         (2) The right of eminent domain herein conferred shall be
  934  exercised by the authority shall exercise the right of eminent
  935  domain in the manner provided by law.
  936         (3) When the authority acquires property for a
  937  transportation facility or in a transportation corridor, it is
  938  not subject to any liability imposed by chapter 376 or chapter
  939  403 for preexisting soil or groundwater contamination due solely
  940  to its ownership. This section does not affect the rights or
  941  liabilities of any past or future owners of the acquired
  942  property and nor does not it affect the liability of any
  943  governmental entity for the results of its actions which create
  944  or exacerbate a pollution source. The authority and the
  945  Department of Environmental Protection may enter into
  946  interagency agreements for the performance, funding, and
  947  reimbursement of the investigative and remedial acts necessary
  948  for property acquired by the authority.
  949         Section 15. Section 348.760, Florida Statutes, is amended
  950  to read:
  951         348.760 Cooperation with other units, boards, agencies, and
  952  individuals.—A Express authority and power is hereby given and
  953  granted any county, municipality, drainage district, road and
  954  bridge district, school district or any other political
  955  subdivision, board, commission, or individual in, or of, the
  956  state may to make and enter into with the authority, contracts,
  957  leases, conveyances, partnerships, or other agreements pursuant
  958  to within the provisions and purposes of this part. The
  959  authority may is hereby expressly authorized to make and enter
  960  into contracts, leases, conveyances, partnerships, and other
  961  agreements with any political subdivision, agency, or
  962  instrumentality of the state and any and all federal agencies,
  963  corporations, and individuals, for the purpose of carrying out
  964  the provisions of this part or with the consent of the Seminole
  965  County Expressway Authority, for the purpose of carrying out and
  966  implementing part VIII of this chapter.
  967         Section 16. Section 348.761, Florida Statutes, is amended
  968  to read:
  969         348.761 Covenant of the state.—The state pledges does
  970  hereby pledge to, and agrees, with any person, firm or
  971  corporation, or federal or state agency subscribing to, or
  972  acquiring the bonds to be issued by the authority for the
  973  purposes of this part that the state will not limit or alter the
  974  rights that are hereby vested in the authority and the
  975  department until all issued bonds and interest at any time
  976  issued, together with the interest thereon, are fully paid and
  977  discharged insofar as the pledge same affects the rights of the
  978  holders of bonds issued pursuant to this part hereunder. The
  979  state does further pledge to, and agree, with the United States
  980  that in the event any federal agency constructs or contributes
  981  shall construct or contribute any funds for the completion,
  982  extension, or improvement of the Central Florida Orlando-Orange
  983  County Expressway System, or any part or portion of the system
  984  thereof, the state will not alter or limit the rights and powers
  985  of the authority and the department in any manner that which
  986  would be inconsistent with the continued maintenance and
  987  operation of the Central Florida Orlando-Orange County
  988  Expressway System or the completion, extension, or improvement
  989  of the system thereof, or that which would be inconsistent with
  990  the due performance of any agreements between the authority and
  991  any such federal agency, and the authority and the department
  992  shall continue to have and may exercise all powers herein
  993  granted in this part, so long as the powers are same shall be
  994  necessary or desirable for the carrying out of the purposes of
  995  this part and the purposes of the United States in the
  996  completion, extension, or improvement of the Central Florida
  997  Orlando-Orange County Expressway System, or any part of the
  998  system or portion thereof.
  999         Section 17. Section 348.765, Florida Statutes, is amended
 1000  to read:
 1001         348.765 This part complete and additional authority.—
 1002         (1) The powers conferred by this part are shall be in
 1003  addition and supplemental to the existing powers of the said
 1004  board and the department, and this part may shall not be
 1005  construed as repealing any of the provisions, of any other law,
 1006  general, special, or local, but to supersede such other laws in
 1007  the exercise of the powers provided in this part, and to provide
 1008  a complete method for the exercise of the powers granted in this
 1009  part. The extension and improvement of the Central Florida said
 1010  Orlando-Orange County Expressway System, and the issuance of
 1011  bonds pursuant to this part hereunder to finance all or part of
 1012  the cost of the system thereof, may be accomplished upon
 1013  compliance with the provisions of this part without regard to or
 1014  necessity for compliance with the provisions, limitations, or
 1015  restrictions contained in any other general, special, or local
 1016  law, including, but not limited to, s. 215.821, and no approval
 1017  of any bonds issued under this part by the qualified electors or
 1018  qualified electors who are freeholders in the state or in the
 1019  said County of Orange, or in the said City of Orlando, or in any
 1020  other political subdivision of the state, is shall be required
 1021  for the issuance of such bonds pursuant to this part.
 1022         (2) This part does shall not be deemed to repeal, rescind,
 1023  or modify any other law or laws relating to the said State Board
 1024  of Administration, the said Department of Transportation, or the
 1025  Division of Bond Finance of the State Board of Administration,
 1026  but supersedes any shall be deemed to and shall supersede such
 1027  other law that is or laws as are inconsistent with the
 1028  provisions of this part, including, but not limited to, s.
 1029  215.821.
 1030         Section 18. Subsections (6) and (7) of section 369.317,
 1031  Florida Statutes, are amended to read:
 1032         369.317 Wekiva Parkway.—
 1033         (6) The Central Florida Orlando-Orange County Expressway
 1034  Authority is hereby granted the authority to act as a third
 1035  party acquisition agent, pursuant to s. 259.041 on behalf of the
 1036  Board of Trustees or chapter 373 on behalf of the governing
 1037  board of the St. Johns River Water Management District, for the
 1038  acquisition of all necessary lands, property and all interests
 1039  in property identified herein, including fee simple or less
 1040  than-fee simple interests. The lands subject to this authority
 1041  are identified in paragraph 10.a., State of Florida, Office of
 1042  the Governor, Executive Order 03-112 of July 1, 2003, and in
 1043  Recommendation 16 of the Wekiva Basin Area Task Force created by
 1044  Executive Order 2002-259, such lands otherwise known as
 1045  Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
 1046  Lake Counties within Sections 27, 28, 33, and 34 of Township 19
 1047  South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
 1048  South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
 1049  parcel located in Lake County within Section 37, Township 19
 1050  South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
 1051  Lake County within Sections 23, 25, 26, 35, and 36, Township 19
 1052  South, Range 28 East; Pine Plantation, a 617+/-acre tract
 1053  consisting of eight individual parcels within the Apopka City
 1054  limits. The Department of Transportation, the Department of
 1055  Environmental Protection, the St. Johns River Water Management
 1056  District, and other land acquisition entities shall participate
 1057  and cooperate in providing information and support to the third
 1058  party acquisition agent. The land acquisition process authorized
 1059  by this paragraph shall begin no later than December 31, 2004.
 1060  Acquisition of the properties identified as Neighborhood Lakes,
 1061  Pine Plantation, and New Garden Coal, or approval as a
 1062  mitigation bank shall be concluded no later than December 31,
 1063  2010. Department of Transportation and Central Florida Orlando
 1064  Orange County Expressway Authority funds expended to purchase an
 1065  interest in those lands identified in this subsection shall be
 1066  eligible as environmental mitigation for road construction
 1067  related impacts in the Wekiva Study Area. If any of the lands
 1068  identified in this subsection are used as environmental
 1069  mitigation for road-construction-related impacts incurred by the
 1070  Department of Transportation or Central Florida Orlando-Orange
 1071  County Expressway Authority, or for other impacts incurred by
 1072  other entities, within the Wekiva Study Area or within the
 1073  Wekiva parkway alignment corridor, and if the mitigation offsets
 1074  these impacts, the St. Johns River Water Management District and
 1075  the Department of Environmental Protection shall consider the
 1076  activity regulated under part IV of chapter 373 to meet the
 1077  cumulative impact requirements of s. 373.414(8)(a).
 1078         (a) Acquisition of the land described in this section is
 1079  required to provide right-of-way for the Wekiva Parkway, a
 1080  limited access roadway linking State Road 429 to Interstate 4,
 1081  an essential component in meeting regional transportation needs
 1082  to provide regional connectivity, improve safety, accommodate
 1083  projected population and economic growth, and satisfy critical
 1084  transportation requirements caused by increased traffic volume
 1085  growth and travel demands.
 1086         (b) Acquisition of the lands described in this section is
 1087  also required to protect the surface water and groundwater
 1088  resources of Lake, Orange, and Seminole counties, otherwise
 1089  known as the Wekiva Study Area, including recharge within the
 1090  springshed that provides for the Wekiva River system. Protection
 1091  of this area is crucial to the long term viability of the Wekiva
 1092  River and springs and the central Florida region’s water supply.
 1093  Acquisition of the lands described in this section is also
 1094  necessary to alleviate pressure from growth and development
 1095  affecting the surface and groundwater resources within the
 1096  recharge area.
 1097         (c) Lands acquired pursuant to this section that are needed
 1098  for transportation facilities for the Wekiva Parkway shall be
 1099  determined not necessary for conservation purposes pursuant to
 1100  ss. 253.034(6) and 373.089(5) and shall be transferred to or
 1101  retained by the Central Florida Orlando-Orange County Expressway
 1102  Authority or the Department of Transportation upon reimbursement
 1103  of the full purchase price and acquisition costs.
 1104         (7) The Department of Transportation, the Department of
 1105  Environmental Protection, the St. Johns River Water Management
 1106  District, Central Florida Orlando-Orange County Expressway
 1107  Authority, and other land acquisition entities shall cooperate
 1108  and establish funding responsibilities and partnerships by
 1109  agreement to the extent funds are available to the various
 1110  entities. Properties acquired with Florida Forever funds shall
 1111  be in accordance with s. 259.041 or chapter 373. The Central
 1112  Florida Orlando-Orange County Expressway Authority shall acquire
 1113  land in accordance with this section of law to the extent funds
 1114  are available from the various funding partners, but shall not
 1115  be required nor assumed to fund the land acquisition beyond the
 1116  agreement and funding provided by the various land acquisition
 1117  entities.
 1118         Section 19. Subsection (1) of section 369.324, Florida
 1119  Statutes, is amended to read:
 1120         369.324 Wekiva River Basin Commission.—
 1121         (1) The Wekiva River Basin Commission is created to monitor
 1122  and ensure the implementation of the recommendations of the
 1123  Wekiva River Basin Coordinating Committee for the Wekiva Study
 1124  Area. The East Central Florida Regional Planning Council shall
 1125  provide staff support to the commission with funding assistance
 1126  from the Department of Economic Opportunity. The commission
 1127  shall be comprised of a total of 18 19 members appointed by the
 1128  Governor, 9 of whom shall be voting members and 9 10 shall be ad
 1129  hoc nonvoting members. The voting members shall include:
 1130         (a) One member of each of the Boards of County
 1131  Commissioners for Lake, Orange, and Seminole Counties.
 1132         (b) One municipal elected official to serve as a
 1133  representative of the municipalities located within the Wekiva
 1134  Study Area of Lake County.
 1135         (c) One municipal elected official to serve as a
 1136  representative of the municipalities located within the Wekiva
 1137  Study Area of Orange County.
 1138         (d) One municipal elected official to serve as a
 1139  representative of the municipalities located within the Wekiva
 1140  Study Area of Seminole County.
 1141         (e) One citizen representing an environmental or
 1142  conservation organization, one citizen representing a local
 1143  property owner, a land developer, or an agricultural entity, and
 1144  one at-large citizen who shall serve as chair of the council.
 1145         (f) The ad hoc nonvoting members shall include one
 1146  representative from each of the following entities:
 1147         1. St. Johns River Management District.
 1148         2. Department of Economic Opportunity.
 1149         3. Department of Environmental Protection.
 1150         4. Department of Health.
 1151         5. Department of Agriculture and Consumer Services.
 1152         6. Fish and Wildlife Conservation Commission.
 1153         7. Department of Transportation.
 1154         8. MetroPlan Orlando.
 1155         9. Central Florida Orlando-Orange County Expressway
 1156  Authority.
 1157         10. Seminole County Expressway Authority.
 1158         Section 20. (1) Effective upon the completion of
 1159  construction of the Poinciana Parkway, a limited access facility
 1160  of approximately 9 miles in length in Osceola County with its
 1161  northwestern terminus at the intersection of County Road 54 and
 1162  US 17/US 92 and its southeastern terminus at the current
 1163  intersection of Rhododendron and Cypress Parkway, described in
 1164  the Osceola County Expressway Authority May 8, 2012, Master
 1165  Plan, all powers, governance, and control of the Osceola County
 1166  Expressway System, created pursuant to part V, chapter 348,
 1167  Florida Statutes, is transferred to the Central Florida
 1168  Expressway Authority, and the assets, liabilities, facilities,
 1169  tangible and intangible property and any rights in the property,
 1170  and any other legal rights of the Osceola County Expressway
 1171  Authority are transferred to the Central Florida Expressway
 1172  Authority. The effective date of such transfer shall be extended
 1173  until completion of construction of such portions of the
 1174  Southport Connector Expressway, the Northeast Connector
 1175  Expressway, such portions of the Poinciana Parkway to connect to
 1176  State Road 429, and the Osceola Parkway Extension, as each is
 1177  described in the Osceola County Expressway Authority May 8,
 1178  2012, Master Plan, which are included in any design contract
 1179  executed by the Osceola County Expressway Authority before July
 1180  1, 2019. Part V of chapter 348, Florida Statutes, consisting of
 1181  ss. 348.9950348.9961, is repealed on the same date that the
 1182  Osceola County Expressway System is transferred to the Central
 1183  Florida Expressway Authority.
 1184         (2) The Central Florida Expressway Authority shall also
 1185  reimburse any and all obligations of any other governmental
 1186  entities with respect to the Osceola County Expressway System,
 1187  including any obligations of Osceola County with respect to
 1188  operations and maintenance of the Osceola County Expressway
 1189  System and any loan repayment obligations, including repayment
 1190  obligations with respect to State Infrastructure Bank loans.
 1191  Such reimbursement shall be made from revenues available for
 1192  such purpose after payment of all amounts required:
 1193         (a) Otherwise by law;
 1194         (b) By the terms of any resolution authorizing the issuance
 1195  of bonds by the authority, the Orlando-Orange County Expressway
 1196  Authority, or the Osceola County Expressway Authority;
 1197         (c) By the terms of any resolution under which bonds are
 1198  issued by Osceola County for the purpose of constructing
 1199  improvements to the Osceola County Expressway System; and
 1200         (d) By the terms of the memorandum of understanding between
 1201  the Orlando-Orange County Expressway Authority and the
 1202  department as ratified by the board of the Orlando-Orange County
 1203  Expressway Authority on February 22, 2012.
 1204         Section 21. This act shall take effect July 1, 2014.