Senate Bill sb1566c1

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    Florida Senate - 2001                           CS for SB 1566

    By the Committee on Transportation and Senator Sebesta





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  1                      A bill to be entitled

  2         An act relating to the Tampa-Hillsborough

  3         County Expressway System; amending s. 348.565,

  4         F.S.; authorizing the finance of a specified

  5         project through issuance of revenue bonds;

  6         amending s. 373.4137, F.S.; providing

  7         mitigation requirements on certain expressway

  8         authorities; amending s. 348.0012, F.S.;

  9         providing an exemption to the Florida

10         Expressway Authority Act; amending ss. 348.754,

11         348.7543, F.S.; expanding the use of bond

12         financing; amending ss. 348.7544, 348.7545,

13         F.S.; authorizing refinancing with bonds;

14         amending s. 348.755, F.S.; authorizing the

15         issuance of bonds; amending s. 348.765, F.S.;

16         providing the section does not repeal, rescind,

17         or modify s. 215.821, F.S.; providing an

18         effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 348.565, Florida Statutes, is

23  amended to read:

24         348.565  Revenue bonds for specified projects.--The

25  existing facilities that constitute the Tampa-Hillsborough

26  County Expressway System are hereby approved to be refinanced

27  by the issuance of revenue bonds by the Division of Bond

28  Finance of the State Board of Administration pursuant to s.

29  11(f), Art. VII of the State Constitution. In addition, the

30  following projects of the Tampa-Hillsborough County Expressway

31  Authority are approved to be financed or refinanced by the

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  1  issuance of revenue bonds pursuant to s. 11(f), Art. VII of

  2  the State Constitution:

  3         (1)  Brandon area feeder roads;

  4         (2)  Capital improvements to the expressway system,

  5  including safety and operational improvements and toll

  6  collection equipment; and

  7         (3)  Lee Roy Selmon Crosstown Expressway System

  8  widening; and.

  9         (4)  The connector highway linking the Lee Roy Selmon

10  Crosstown Expressway to Interstate 4.

11         Section 2.  Subsections (1), (2), (3), (4), (5), (6),

12  and (8) of section 373.4137, Florida Statutes, are amended and

13  subsection (9) is added to that section to read:

14         373.4137  Mitigation requirements.--

15         (1)  The Legislature finds that environmental

16  mitigation for the impact of transportation projects proposed

17  by the Department of Transportation or a transportation

18  authority established under chapter 348 or chapter 349 can be

19  more effectively achieved by regional, long-range mitigation

20  planning rather than on a project-by-project basis.  It is the

21  intent of the Legislature that mitigation to offset the

22  adverse effects of these transportation projects be funded by

23  the Department of Transportation and be carried out by the

24  Department of Environmental Protection and the water

25  management districts, including the use of mitigation banks

26  established pursuant to this part.

27         (2)  Environmental impact inventories for

28  transportation projects proposed by the Department of

29  Transportation or a transportation authority established under

30  chapter 348 or chapter 349 shall be developed as follows:

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  1         (a)  By May 1 of each year, the Department of

  2  Transportation, or a transportation authority created under

  3  chapter 348 or chapter 349 shall submit to the Department of

  4  Environmental Protection and the water management districts a

  5  copy of its adopted work program and an inventory of habitats

  6  addressed in the rules tentatively, pursuant to this part and

  7  s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, which may be

  8  impacted by its plan of construction for transportation

  9  projects in the next 3 years of the tentative work program.

10  The Department of Transportation may also include in its

11  inventory the habitat impacts of any future transportation

12  project identified in the tentative work program.

13         (b)  The environmental impact inventory shall include a

14  description of these habitat impacts, including their

15  location, acreage, and type; state water quality

16  classification of impacted wetlands and other surface waters;

17  any other state or regional designations for these habitats;

18  and a survey of threatened species, endangered species, and

19  species of special concern affected by the proposed project.

20         (3)(a)  To fund the mitigation plan for the projected

21  impacts identified in the inventory described in subsection

22  (2), the Department of Transportation shall identify funds

23  quarterly in an escrow account within the State Transportation

24  Trust Fund for the environmental mitigation phase of projects

25  budgeted by the Department of Transportation for the current

26  fiscal year. The escrow account will be maintained by the

27  Department of Transportation for the benefit of the Department

28  of Environmental Protection and the water management

29  districts.  Any interest earnings from the escrow account

30  shall remain with the Department of Transportation.

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  1         (b)  Each transportation authority established under

  2  chapter 348 or chapter 349 which chooses to participate in

  3  this program shall create an escrow account within its

  4  financial structure and deposit funds in it to pay for the

  5  environmental mitigation phase of projects budgeted for the

  6  current fiscal year. The escrow account will be maintained by

  7  the authority for the benefit of the Department of

  8  Environmental Protection and the water management districts.

  9  Any interest earnings from the escrow account shall remain

10  with the authority.

11         (c)  The Department of Environmental Protection or

12  water management districts may request a transfer of funds

13  from an the escrow account no sooner than 30 days prior to the

14  date the funds are needed to pay for activities associated

15  with development or implementation of the approved mitigation

16  plan described in subsection (4) for the current fiscal year,

17  including, but not limited to, design, engineering,

18  production, and staff support. Actual conceptual plan

19  preparation costs incurred before plan approval may be

20  submitted to the Department of Transportation, or the

21  appropriate transportation authority, and the Department of

22  Environmental Protection by November 1 of each year with the

23  plan. The conceptual plan preparation costs of each water

24  management district will be paid based on the amount approved

25  on the mitigation plan and allocated to the current fiscal

26  year projects identified by the water management district.

27  The amount transferred to the escrow accounts account each

28  year by the Department of Transportation and participating

29  transportation authorities established under chapter 348 or

30  chapter 349 shall correspond to a cost per acre of $75,000

31  multiplied by the projected acres of impact identified in the

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  1  inventory described in subsection (2). However, the $75,000

  2  cost per acre does not constitute an admission against

  3  interest by the state or its subdivisions nor is the cost

  4  admissible as evidence of full compensation for any property

  5  acquired by eminent domain or through inverse condemnation.

  6  Each July 1, the cost per acre shall be adjusted by the

  7  percentage change in the average of the Consumer Price Index

  8  issued by the United States Department of Labor for the most

  9  recent 12-month period ending September 30, compared to the

10  base year average, which is the average for the 12-month

11  period ending September 30, 1996.  At the end of each year,

12  the projected acreage of impact shall be reconciled with the

13  acreage of impact of projects as permitted, including permit

14  modifications, pursuant to this part and s. 404 of the Clean

15  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of

16  funds shall be adjusted accordingly to reflect the

17  overtransfer or undertransfer of funds from the preceding

18  year. The Department of Transportation is authorized to

19  transfer such funds from the escrow account to the Department

20  of Environmental Protection and the water management districts

21  to carry out the mitigation programs.

22         (4)  Prior to December 1 of each year, each water

23  management district, in consultation with the Department of

24  Environmental Protection, the United States Army Corps of

25  Engineers, the Department of Transportation, participating

26  transportation authorities established under chapter 348 or

27  chapter 349, and other appropriate federal, state, and local

28  governments, and other interested parties, including entities

29  operating mitigation banks, shall develop a plan for the

30  primary purpose of complying with the mitigation requirements

31  adopted pursuant to this part and 33 U.S.C. s. 1344.  This

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    Florida Senate - 2001                           CS for SB 1566
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  1  plan shall also address significant invasive plant problems

  2  within wetlands and other surface waters. In developing such

  3  plans, the districts shall utilize sound ecosystem management

  4  practices to address significant water resource needs and

  5  shall focus on activities of the Department of Environmental

  6  Protection and the water management districts, such as surface

  7  water improvement and management (SWIM) waterbodies and lands

  8  identified for potential acquisition for preservation,

  9  restoration, and enhancement, to the extent that such

10  activities comply with the mitigation requirements adopted

11  under this part and 33 U.S.C. s. 1344.  In determining the

12  activities to be included in such plans, the districts shall

13  also consider the purchase of credits from public or private

14  mitigation banks permitted under s. 373.4136 and associated

15  federal authorization and shall include such purchase as a

16  part of the mitigation plan when such purchase would offset

17  the impact of the transportation project, provide equal

18  benefits to the water resources than other mitigation options

19  being considered, and provide the most cost-effective

20  mitigation option.  The mitigation plan shall be preliminarily

21  approved by the water management district governing board and

22  shall be submitted to the secretary of the Department of

23  Environmental Protection for review and final approval. The

24  preliminary approval by the water management district

25  governing board does not constitute a decision that affects

26  substantial interests as provided by s. 120.569. At least 30

27  days prior to preliminary approval, the water management

28  district shall provide a copy of the draft mitigation plan to

29  any person who has requested a copy.

30         (a)  For each transportation project with a funding

31  request for the next fiscal year, the mitigation plan must

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  1  include a brief explanation of why a mitigation bank was or

  2  was not chosen as a mitigation option, including an estimation

  3  of identifiable costs of the mitigation bank and nonbank

  4  options to the extent practicable.

  5         (b)  Specific projects may be excluded from the

  6  mitigation plan and shall not be subject to this section upon

  7  the agreement of the Department of Transportation, a

  8  transportation authority, if applicable, the Department of

  9  Environmental Protection, and the appropriate water management

10  district that the inclusion of such projects would hamper the

11  efficiency or timeliness of the mitigation planning and

12  permitting process, or the Department of Environmental

13  Protection and the water management district are unable to

14  identify mitigation that would offset the impacts of the

15  project.

16         (c)  Surface water improvement and management or

17  invasive plant control projects undertaken using the $12

18  million advance transferred from the Department of

19  Transportation to the Department of Environmental Protection

20  in fiscal year 1996-1997 which meet the requirements for

21  mitigation under this part and 33 U.S.C. s. 1344 shall remain

22  available for mitigation until the $12 million is fully

23  credited up to and including fiscal year 2004-2005. When these

24  projects are used as mitigation, the $12 million advance shall

25  be reduced by $75,000 per acre of impact mitigated. For any

26  fiscal year through and including fiscal year 2004-2005, to

27  the extent the cost of developing and implementing the

28  mitigation plans is less than the amount transferred pursuant

29  to subsection (3), the difference shall be credited towards

30  the $12 million advance. Except as provided in this paragraph,

31  any funds not directed to implement the mitigation plan

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  1  should, to the greatest extent possible, be directed to fund

  2  invasive plant control within wetlands and other surface

  3  waters.

  4         (5)  The water management district shall be responsible

  5  for ensuring that mitigation requirements pursuant to 33

  6  U.S.C. s. 1344 are met for the impacts identified in the

  7  inventory described in subsection (2), by implementation of

  8  the approved plan described in subsection (4) to the extent

  9  funding is provided by the Department of Transportation or a

10  transportation authority established under chapter 348 or

11  chapter 349.  During the federal permitting process, the water

12  management district may deviate from the approved mitigation

13  plan in order to comply with federal permitting requirements.

14         (6)  The mitigation plans plan shall be updated

15  annually to reflect the most current Department of

16  Transportation work program and project list of a

17  transportation authority established under chapter 348 or

18  chapter 349, if applicable, and may be amended throughout the

19  year to anticipate schedule changes or additional projects

20  which may arise.  Each update and amendment of the mitigation

21  plan shall be submitted to the secretary of the Department of

22  Environmental Protection for approval. However, such approval

23  shall not be applicable to a deviation as described in

24  subsection (5).

25         (8)  This section shall not be construed to eliminate

26  the need for the Department of Transportation or a

27  transportation authority established under chapter 348 or

28  chapter 349 to comply with the requirement to implement

29  practicable design modifications, including realignment of

30  transportation projects, to reduce or eliminate the impacts of

31  its transportation projects on wetlands and other surface

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  1  waters as required by rules adopted pursuant to this part, or

  2  to diminish the authority under this part to regulate other

  3  impacts, including water quantity or water quality impacts, or

  4  impacts regulated under this part that are not identified in

  5  the inventory described in subsection (2).

  6         (9)  The process for environmental mitigation for the

  7  impact of transportation projects under this section shall be

  8  available to an expressway, bridge, or transportation

  9  authority established under chapter 348 or chapter 349. Use of

10  this process may be initiated by an authority depositing the

11  requisite funds into an escrow account set up by the authority

12  and filing an environmental impact inventory with the

13  appropriate water management district. An authority that

14  initiates the environmental mitigation process established by

15  the section shall comply with subsection (6) by timely

16  providing the appropriate water management district and the

17  Department of Environmental Protection with the requisite

18  work-program information. A water management district may draw

19  down funds from the escrow account in the manner and on the

20  bases provided in subsection (5).

21         Section 3.  Section 348.0012, Florida Statutes, is

22  amended to read:

23         348.0012  Exemptions from applicability.--The Florida

24  Expressway Authority Act does not apply:

25         (1)  To In a county in which an expressway authority

26  that has been created pursuant to parts II-IX of this chapter;

27  or

28         (2)  To a transportation authority created pursuant to

29  chapter 349.

30         Section 4.  Paragraph (b) of subsection (1) of section

31  348.754, Florida Statutes, is amended to read:

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  1         348.754  Purposes and powers.--

  2         (1)

  3         (b)  It is the express intention of this part that said

  4  authority, in the construction of said Orlando-Orange County

  5  Expressway System, shall be authorized to acquire, finance,

  6  equip, and construct any extensions, additions or improvements

  7  to said system or appurtenant facilities, including all

  8  necessary approaches, roads, bridges and avenues of access as

  9  the authority considers desirable and proper, together with

10  such changes, modifications, or revisions to the system or

11  appurtenant facilities of said project as the authority

12  considers shall be deemed desirable and proper.

13         Section 5.  Section 348.7543, Florida Statutes, is

14  amended to read:

15         348.7543  Improvements, bond financing authority

16  for.--Pursuant to s. 11(e), Art. VII of the State

17  Constitution, the Legislature hereby approves for bond

18  financing by the Orlando-Orange County Expressway Authority

19  the cost of acquiring, constructing, equipping, improving, or

20  refurbishing an expressway system, including improvements to

21  toll collection facilities, interchanges, future extensions

22  and additions, necessary approaches, roads, bridges, and

23  avenues of access to the legislatively approved expressway

24  system, and any other facility appurtenant, necessary, or

25  incidental to the approved system, all as deemed desirable and

26  proper by the authority under s. 348.754(1)(b).  Subject to

27  terms and conditions of applicable revenue bond resolutions

28  and covenants, such costs financing may be financial in whole

29  or in part by revenue bonds issued under s. 348.755(1)(a) or

30  (b) whether currently issued, issued in the future, or by a

31  combination of such bonds.

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  1         Section 6.  Section 348.7544, Florida Statutes, is

  2  amended to read:

  3         348.7544  Northwest Beltway Part A, construction

  4  authorized; financing.--Notwithstanding s. 338.2275, the

  5  Orlando-Orange County Expressway Authority is hereby

  6  authorized to construct, finance, operate, own, and maintain

  7  that portion of the Western Beltway known as the Northwest

  8  Beltway Part A, extending from Florida's Turnpike near Ocoee

  9  north to U.S. 441 near Apopka, as part of the authority's

10  20-year capital projects plan. This project may be financed

11  with any funds available to the authority for such purpose or

12  revenue bonds issued by the Division of Bond Finance of the

13  State Board of Administration on behalf of the authority

14  pursuant to s. 11, Art. VII of the State Constitution and the

15  State Bond Act, ss. 215.57-215.83. This project may be

16  refinanced with bonds issued by the authority under s.

17  348.755(1)(d).

18         Section 7.  Section 348.7545, Florida Statutes, is

19  amended to read:

20         348.7545  Western Beltway Part C, construction

21  authorized; financing.--Notwithstanding s. 338.2275, the

22  Orlando-Orange County Expressway Authority is authorized to

23  exercise its condemnation powers, construct, finance, operate,

24  own, and maintain that portion of the Western Beltway known as

25  the Western Beltway Part C, extending from Florida's Turnpike

26  near Ocoee in Orange County southerly through Orange and

27  Osceola Counties to an interchange with I-4 near the

28  Osceola-Polk County line, as part of the authority's 20-year

29  capital projects plan. This project may be financed with any

30  funds available to the authority for such purpose or revenue

31  bonds issued by the Division of Bond Finance of the State

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  1  Board of Administration on behalf of the authority pursuant to

  2  s. 11, Art. VII of the State Constitution and the State Bond

  3  Act, ss. 215.57-215.83. This project may be refinanced with

  4  bonds issued by the authority under s. 348.755(1)(d).

  5         Section 8.  Subsection (1) of section 348.755, Florida

  6  Statutes, is amended to read:

  7         348.755  Bonds of the authority.--

  8         (1)(a)  Bonds may be issued on behalf of the authority

  9  under the State Bond Act. The bonds of the authority issued

10  pursuant to the provisions of this part,

11         (b)  Alternatively, the authority may issue its own

12  bonds under the provisions of this part at such times and in

13  principal amount as, in the opinion of the authority, is

14  necessary to provide sufficient moneys for achieving its

15  purpose; however, such bonds shall not pledge the full faith

16  and credit of the state. Bonds issued by the authority under

17  paragraphs (a) and (b), whether on original issuance or on

18  refunding, shall be authorized by resolution of the members

19  thereof and may be either term or serial bonds, shall bear

20  such date or dates, mature at such time or times, not

21  exceeding 40 years from their respective dates, bear interest

22  at such rate or rates, payable semiannually, be in such

23  denominations, be in such form, either coupon or fully

24  registered, shall carry such registration, exchangeability and

25  interchangeability privileges, be payable in such medium of

26  payment and at such place or places, be subject to such terms

27  of redemption and be entitled to such priorities on the

28  revenues, rates, fees, rentals or other charges or receipts of

29  the authority including the Orange County gasoline tax funds

30  received by the authority pursuant to the terms of any

31  lease-purchase agreement between the authority and the

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  1  department, as such resolution or any resolution subsequent

  2  thereto may provide.  The bonds shall be executed either by

  3  manual or facsimile signature by such officers as the

  4  authority shall determine, provided that such bonds shall bear

  5  at least one signature which is manually executed thereon, and

  6  the coupons attached to such bonds shall bear the facsimile

  7  signature or signatures of such officer or officers as shall

  8  be designated by the authority and shall have the seal of the

  9  authority affixed, imprinted, reproduced or lithographed

10  thereon, all as may be prescribed in such resolution or

11  resolutions.

12         (c)(b)  Bonds issued under paragraphs (a) and (b) Said

13  bonds shall be sold at public sale in the manner provided by

14  the State Bond Act.  However, if the authority shall, by

15  official action at a public meeting, determine that a

16  negotiated sale of such the bonds is in the best interest of

17  the authority, the authority may negotiate the for sale of

18  such the bonds with the underwriter or underwriters designated

19  by the authority and the Division of Bond Finance of the State

20  Board of Administration with respect to bonds issued under

21  paragraph (a) or the authority with respect to bonds issued

22  under paragraph (b). The authority's  determination to

23  negotiate the sale of such bonds may be based, in part, upon

24  the written advice of its financial advisor. Pending the

25  preparation of definitive bonds, interim certificates may be

26  issued to the purchaser or purchasers of such bonds and may

27  contain such terms and conditions as the authority may

28  determine.

29         (d)  The authority may issue bonds under paragraph (b)

30  to refund any bonds previously issued regardless of whether

31  the bonds being refunded were issued by the authority under

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  1  this chapter or on behalf of the authority under the State

  2  Bond Act.

  3         Section 9.  Section 348.765, Florida Statutes, are

  4  amended to read:

  5         348.765  This part complete and additional authority.--

  6         (1)  The powers conferred by this part shall be in

  7  addition and supplemental to the existing powers of said board

  8  and the department, and this part shall not be construed as

  9  repealing any of the provisions, of any other law, general,

10  special or local, but to supersede such other laws in the

11  exercise of the powers provided in this part, and to provide a

12  complete method for the exercise of the powers granted in this

13  part.  The extension and improvement of said Orlando-Orange

14  County Expressway System, and the issuance of bonds hereunder

15  to finance all or part of the cost thereof, may be

16  accomplished upon compliance with the provisions of this part

17  without regard to or necessity for compliance with the

18  provisions, limitations, or restrictions contained in any

19  other general, special or local law, including, but not

20  limited to, s. 215.821, and no approval of any bonds issued

21  under this part by the qualified electors or qualified

22  electors who are freeholders in the state or in said County of

23  Orange, or in said City of Orlando, or in any other political

24  subdivision of the state, shall be required for the issuance

25  of such bonds pursuant to this part.

26         (2)  This part shall not be deemed to repeal, rescind,

27  or modify any other law or laws relating to said State Board

28  of Administration, said Department of Transportation, or the

29  Division of Bond Finance of the State Board of Administration,

30  but shall be deemed to and shall supersede such other law or

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  1  laws as are inconsistent with the provisions of this part,

  2  including, but not limited to, s. 215.821.

  3         Section 10.  This act shall take effect upon becoming a

  4  law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                             SB 1566

  8

  9  The CS authorizes expressway authorities to utilize the
    process developed for the Florida Department of Transportation
10  to pay mitigation funds into escrow accounts, managed by the
    Department of Environmental Protection, which finance the
11  water management districts mitigation projects to offset the
    adverse environmental impacts of expressway projects.
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    The CS further authorizes the Orlando-Orange County Expressway
13  Authority to issue its own bonds.  The CS provides the bonds
    shall not pledge the full faith and credit of the state.
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