HB 1681

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to transportation; creating s. 311.115,
7	F.S.; requiring the Florida Seaport Transportation and
8	Economic Development Council to establish a matching funds
9	program for certain dredging projects; requiring the
10	adoption of rules and criteria for project evaluation;
11	requiring approved projects to be reviewed by the
12	Department of Community Affairs, the Department of
13	Transportation, and the Office of Tourism, Trade, and
14	Economic Development; amending s. 332.007, F.S.;
15	authorizing the department to fund certain eligible
16	aviation planning projects to be performed by not-for-
17	profit organizations representing a majority of public
18	airports; amending s. 337.11, F.S.; providing for
19	department contracts to use written work orders pursuant
20	to certain contingency items or supplemental agreements;
21	removing requirement for surety approval of supplemental
22	agreements; limiting liability of the surety when
23	unapproved contract changes exceed a certain amount;
24	providing purposes for the use of written work orders;
25	revising criteria for use of supplemental agreements in
26	department contracts; creating s. 337.195, F.S.;
27	specifying presumptions of proximate cause for
28	determination of liability in certain civil actions
29	against the department or its agents or its consultants or
30	contractors on certain transportation facilities when
31	death, personal injury, or property damage resulted from a
32	motor vehicle crash within a construction zone; limiting
33	liability under certain circumstances of a person or
34	entity who contracts with the department to prepare or
35	provide engineering plans for certain transportation
36	facility projects; amending s. 337.251, F.S.; authorizing
37	the department to adopt rules governing the leasing of
38	property for joint public-private development; amending s.
39	337.406, F.S.; providing that exceptions to prohibited
40	uses of transportation facilities shall not apply to
41	limited access highways; amending s. 338.155, F.S.;
42	providing that persons participating in the funeral
43	procession of a law enforcement officer or firefighter
44	killed in the line of duty are exempt from paying tolls;
45	amending s. 339.175, F.S.; requiring a metropolitan
46	planning organization to approve certain plans and
47	programs on a recorded roll call vote; providing that
48	modifications of certain plans and programs require a
49	recorded roll call vote for approval by a specified super
50	majority; amending s. 339.55, F.S.; establishing a limit
51	on state-funded infrastructure bank loans to the State
52	Transportation Trust Fund; amending s. 339.61, F.S.;
53	revising legislative intent for transportation facilities
54	comprising the Strategic Intermodal System; adding
55	economic development and job growth as criteria for
56	projects; amending s. 339.62, F.S.; adding planned
57	facilities meeting certain criteria and thresholds to
58	components of the Strategic Intermodal System; amending s.
59	339.64, F.S.; directing the Florida Transportation
60	Commission to include as part of its annual work program
61	review an assessment of the department's progress on the
62	Strategic Intermodal System; requiring an annual report;
63	directing the department to coordinate with federal,
64	regional, and local entities for transportation planning
65	impacting military installations; requiring the Strategic
66	Intermodal System Plan to include an assessment of the
67	impacts of proposed projects on military installations;
68	adding a military representative to the Governor's
69	appointees to the Statewide Intermodal Transportation
70	Advisory Council; creating part IV of chapter 343, F.S.,
71	titled the "Northwest Florida Transportation Corridor
72	Authority"; providing a popular name; providing
73	definitions; creating the Northwest Florida Transportation
74	Corridor Authority encompassing Escambia, Santa Rosa,
75	Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
76	Counties; providing for a governing body of the authority;
77	providing for membership, organization, purposes, and
78	powers of the authority; requiring a master plan;
79	providing for the U.S. 98 Corridor System; prohibiting
80	tolls on certain existing highways and other
81	transportation facilities within the corridor; providing
82	for procurement; providing bond financing authority for
83	improvements; providing for bonds of the authority;
84	providing for fiscal agents; providing that the State
85	Board of Administration may act as fiscal agent; providing
86	for certain financial agreements; providing for the rights
87	and remedies of bondholders; providing for a lease-
88	purchase agreement with the Department of Transportation;
89	providing the department may be appointed agent of the
90	authority for construction; providing for acquisition of
91	lands and property; providing for cooperation with other
92	units, boards, agencies, and individuals; providing for
93	public-private partnerships; providing covenant of the
94	state; providing for exemption from taxation; providing
95	for eligibility for investments and security; providing
96	that pledges shall be enforceable by bondholders;
97	providing for complete and additional statutory authority
98	for the department and other state agencies; amending s.
99	348.0003, F.S.; changing the membership of expressway
100	authority governing boards in certain counties; amending
101	s. 348.0004, F.S.; requiring notification to certain local
102	governmental entities and metropolitan planning
103	organizations by certain expressway authorities proposing
104	a toll increase or a new point of toll collection;
105	providing procedures for public notice and hearing prior
106	to implementation; creating part X of chapter 348, F.S.,
107	titled the "Osceola County Expressway Authority";
108	providing a popular name; providing definitions; creating
109	the authority as an agency of the state; providing for
110	membership, terms, organization, personnel, and
111	administration; providing purposes and powers for
112	construction, expansion, maintenance, improvement, and
113	operation of the Osceola County Expressway System;
114	providing for use of certain funds to pay obligations;
115	requiring consent of local jurisdiction for agreements
116	that would restrict construction of roads; providing for
117	bond financing of improvements to certain facilities;
118	providing for issuance of bonds; providing for rights and
119	remedies granted to bondholders; providing for appointment
120	of trustee to represent the bondholders; providing for
121	appointment of receiver to take possession of and operate
122	and maintain the system; providing for lease of the system
123	to the Department of Transportation under a lease-purchase
124	agreement; authorizing the department to act in place of
125	the authority under terms of the lease-purchase agreement;
126	requiring approval by the county for certain provisions of
127	the lease-purchase agreement; providing that the system is
128	part of the state road system; authorizing the department
129	to expend a limited amount of funds; providing for the
130	authority to appoint the department as its agent for
131	certain construction purposes; authorizing the authority
132	to acquire property; limiting liability of the authority
133	for contamination existing on an acquired property;
134	providing for remedial acts necessary due to such
135	contamination; authorizing agreements between the
136	authority and other entities; providing pledge of the
137	state to bondholders; exempting the authority from
138	taxation; providing for application and construction of
139	the part; amending s. 373.4137, F.S.; revising
140	requirements for projects intended to mitigate the adverse
141	effects of transportation projects; removing the
142	Department of Environmental Protection from the mitigation
143	process; revising requirements for the Department of
144	Transportation and transportation authorities with respect
145	to submitting plans and inventories; authorizing the use
146	of current-year funds for future projects; revising the
147	requirements for reconciling escrow accounts used to fund
148	mitigation projects; authorizing payments to a water
149	management district to fund the costs of future
150	maintenance and monitoring; requiring specified lump-sum
151	payments to be used for the mitigation costs of certain
152	projects; authorizing a governing board of a water
153	management district to approve the use of mitigation funds
154	for certain future projects; requiring that mitigation
155	plans be approved by the water management district rather
156	than the Department of Environmental Protection; directing
157	the Department of Transportation to select and fund a
158	consultant to perform a study of bicycle facilities on or
159	connected to the State Highway System; requiring the
160	results of the study to be presented to the Governor and
161	the Legislature; providing for management of the study by
162	the state Pedestrian and Bicycle Coordinator; providing
163	for inclusion of certain elements in the study; requiring
164	the study to include an implementation plan; providing an
165	effective date.
166
167	Be It Enacted by the Legislature of the State of Florida:
168
169	Section 1.  Section 311.115, Florida Statutes, is created
170	to read:
171	311.115  Dredging projects matching funds program.--
172	(1)  The Florida Seaport Transportation and Economic
173	Development Council shall establish a program to fund dredging
174	projects in counties having a population of less than 300,000
175	according to the last official census. Funds made available
176	under this program shall be used to fund approved projects for
177	dredging or deepening of channels, turning basins, or harbors.
178	Funding shall be on a 50-50 matching basis with any port
179	authority, as defined in s. 315.02(2), that complies with the
180	permitting requirements in part IV of chapter 373 and the local
181	financial management and reporting provisions of part III of
182	chapter 218.
183	(2)  The council shall adopt rules for evaluating projects
184	submitted for funding pursuant to this section and establish
185	criteria for evaluating the economic benefit of such projects.
186	The rules shall also establish and require an administrative
187	review process similar to the process contained in s. 311.09(5)-
188	(9) for projects approved for funding pursuant to this section
189	to be reviewed by the Department of Community Affairs, the
190	Department of Transportation, and the Office of Tourism, Trade,
191	and Economic Development.
192	Section 2.  Subsection (10) is added to section 332.007,
193	Florida Statutes, to read:
194	332.007  Administration and financing of aviation and
195	airport programs and projects; state plan.--
196	(10)  The department may also fund eligible projects
197	performed by not-for-profit organizations that represent a
198	majority of public airports in the state. Eligible projects may
199	include activities associated with aviation master planning,
200	professional education, safety and security planning, enhancing
201	economic development and efficiency at the state's airports, or
202	other planning efforts to improve the viability of the state's
203	airports.
204	Section 3.  Paragraphs (a) and (b) of subsection (8) of
205	section 337.11, Florida Statutes, are amended to read:
206	337.11  Contracting authority of department; bids;
207	emergency repairs, supplemental agreements, written work orders,
208	and change orders; combined design and construction contracts;
209	progress payments; records; requirements of vehicle
210	registration.--
211	(8)(a)  The department shall permit the use of written
212	supplemental agreements, written work orders pursuant to a
213	contingency pay item or contingency supplemental agreement, and
214	written change orders to any contract entered into by the
215	department. Any supplemental agreement shall be reduced to
216	written contract form, approved by the contractor's surety, and
217	executed by the contractor and the department. Any supplemental
218	agreement modifying any item in the original contract must be
219	approved by the head of the department, or his or her designee,
220	and executed by the appropriate person designated by him or her.
221	Any surety issuing a bond pursuant to s. 337.18 shall be fully
222	liable under such surety bond to the full extent of any modified
223	contract amount up to and including 25 percent over the original
224	contract amount, and without regard to the fact that the surety
225	was not aware of or approved such modifications. However, if
226	modifications of the original contract amount cumulatively
227	result in modifications of the contract amount in excess of 25
228	percent of the original contract amount, the surety's approval
229	shall be required to bind the surety under the bond on that
230	portion in excess of 25 percent of the original contract amount.
231	(b)  Supplemental agreements and written work orders
232	pursuant to a contingency pay item or contingency supplemental
233	agreement shall be used to clarify the plans and specifications
234	of a contract; to provide for major quantity differences which
235	result in the contractor's work effort exceeding the original
236	contract amount by more than 5 percent; to provide for
237	unforeseen work, grade changes, or alterations in plans which
238	could not reasonably have been contemplated or foreseen in the
239	original plans and specifications; to change the limits of
240	construction to meet field conditions; to provide a safe and
241	functional connection to an existing pavement; to settle
242	contract claims; and to make the project functionally
243	operational in accordance with the intent of the original
244	contract. Supplemental agreements may be used to expand the
245	physical limits of a project only to the extent necessary to
246	make the project functionally operational in accordance with the
247	intent of the original contract. The cost of any such agreement
248	extending the physical limits of a project shall not exceed
249	$100,000 or 10 percent of the original contract price, whichever
250	is greater.
251	Section 4.  Section 337.195, Florida Statutes, is created
252	to read:
253	337.195  Claims; presumptions; limitation of liability.--
254	(1)  In a civil action for the death of or injury to a
255	person, or for damage to property, against the Department of
256	Transportation or its agents, consultants, or contractors for
257	work performed on a highway, road, street, bridge, or other
258	transportation facility when the death, injury, or damage
259	resulted from a motor vehicle crash within a construction zone
260	in which the driver of one of the vehicles was under the
261	influence of alcoholic beverages as set forth in s. 316.193,
262	under the influence of any chemical substance as set forth in s.
263	877.111, or illegally under the influence of any substance
264	controlled under chapter 893 to the extent that her or his
265	normal faculties were impaired or operated a vehicle at an
266	unlawful speed as prohibited in s. 316.183, it is presumed that
267	the driver's operation of the vehicle was the sole proximate
268	cause of the death, injury, or damage. This presumption can be
269	overcome if the gross negligence or intentional misconduct of
270	the Department of Transportation or its agents, consultants, or
271	contractors was a proximate cause of the death, injury, or
272	damage.
273	(2)  A contractor who constructs or repairs a highway,
274	road, street, bridge, or other transportation facility for the
275	Department of Transportation is not liable to a claimant for
276	personal injury, property damage, or death arising from the
277	performance of the construction or repair if, at the time of the
278	personal injury, property damage, or death, the contractor is in
279	compliance with contract documents material to the condition or
280	defect that was the proximate cause of the personal injury,
281	property damage, or death. Nothing in this subsection shall be
282	interpreted or construed to alter or affect any claim of the
283	Department of Transportation against such contractor.
284	(3)  In all cases involving personal injury, property
285	damage, or death, a person or entity that contracts to prepare
286	or provide engineering plans for the construction or repair of a
287	highway, road, street, bridge, or other transportation facility
288	for the Department of Transportation shall be presumed to have
289	prepared such engineering plans using the degree of care and
290	skill ordinarily exercised by other engineers in the field under
291	similar conditions and in similar localities and with due regard
292	for acceptable engineering standards and principles if the
293	engineering plans conformed to the Department of
294	Transportation's design standards material to the condition or
295	defect that was the proximate cause of the personal injury,
296	property damage, or death. This presumption can be overcome only
297	upon a showing of the person's or entity's gross negligence in
298	the preparation of the engineering plans and shall not be
299	interpreted or construed to alter or affect any claim of the
300	Department of Transportation against such person or entity.
301	Section 5.  Subsection (10) is added to section 337.251,
302	Florida Statutes, to read:
303	337.251  Lease of property for joint public-private
304	development and areas above or below department property.--
305	(10)  The department may adopt rules to administer the
306	provisions of this section.
307	Section 6.  Subsection (1) of section 337.406, Florida
308	Statutes, is amended to read:
309	337.406  Unlawful use of state transportation facility
310	right-of-way; penalties.--
311	(1)  Except when leased as provided in s. 337.25(5) or
312	otherwise authorized by the rules of the department, it is
313	unlawful to make any use of the right-of-way of any state
314	transportation facility, including appendages thereto, outside
315	of an incorporated municipality in any manner that interferes
316	with the safe and efficient movement of people and property from
317	place to place on the transportation facility. Failure to
318	prohibit the use of right-of-way in this manner will endanger
319	the health, safety, and general welfare of the public by causing
320	distractions to motorists, unsafe pedestrian movement within
321	travel lanes, sudden stoppage or slowdown of traffic, rapid lane
322	changing and other dangerous traffic movement, increased
323	vehicular accidents, and motorist injuries and fatalities. Such
324	prohibited uses include, but are not limited to, the free
325	distribution or sale, or display or solicitation for free
326	distribution or sale, of any merchandise, goods, property or
327	services; the solicitation for charitable purposes; the
328	servicing or repairing of any vehicle, except the rendering of
329	emergency service; the storage of vehicles being serviced or
330	repaired on abutting property or elsewhere; and the display of
331	advertising of any sort, except that any portion of a state
332	transportation facility may be used for an art festival, parade,
333	fair, or other special event if permitted by the appropriate
334	local governmental entity. Within incorporated municipalities,
335	the local governmental entity may issue permits of limited
336	duration for the temporary use of the right-of-way of a state
337	transportation facility for any of these prohibited uses if it
338	is determined that the use will not interfere with the safe and
339	efficient movement of traffic and the use will cause no danger
340	to the public. Before a road on the State Highway System may be
341	temporarily closed for a special event, the local governmental
342	entity which permits the special event to take place must
343	determine that the temporary closure of the road is necessary
344	and must obtain the prior written approval for the temporary
345	road closure from the department. Nothing in this subsection
346	shall be construed to authorize such activities on any limited
347	access highway the Interstate Highway System. Local governmental
348	entities may, within their respective jurisdictions, initiate
349	enforcement action by the appropriate code enforcement authority
350	or law enforcement authority for a violation of this section.
351	Section 7.  Subsection (1) of section 338.155, Florida
352	Statutes, is amended to read:
353	338.155  Payment of toll on toll facilities required;
354	exemptions.--
355	(1)  No persons are permitted to use any toll facility
356	without payment of tolls, except employees of the agency
357	operating the toll project when using the toll facility on
358	official state business, state military personnel while on
359	official military business, handicapped persons as provided in
360	this section, persons exempt from toll payment by the
361	authorizing resolution for bonds issued to finance the facility,
362	and persons exempt on a temporary basis where use of such toll
363	facility is required as a detour route. Any law enforcement
364	officer operating a marked official vehicle is exempt from toll
365	payment when on official law enforcement business. Any person
366	operating a fire vehicle when on official business or a rescue
367	vehicle when on official business is exempt from toll payment.
368	Any person participating in the funeral procession of a law
369	enforcement officer or firefighter killed in the line of duty is
370	exempt from toll payment. The secretary, or the secretary's
371	designee, may suspend the payment of tolls on a toll facility
372	when necessary to assist in emergency evacuation. The failure to
373	pay a prescribed toll constitutes a noncriminal traffic
374	infraction, punishable as a moving violation pursuant to s.
375	318.18. The department is authorized to adopt rules relating to
376	guaranteed toll accounts.
377	Section 8.  Subsection (12) is added to section 339.175,
378	Florida Statutes, to read:
379	339.175  Metropolitan planning organization.--It is the
380	intent of the Legislature to encourage and promote the safe and
381	efficient management, operation, and development of surface
382	transportation systems that will serve the mobility needs of
383	people and freight within and through urbanized areas of this
384	state while minimizing transportation-related fuel consumption
385	and air pollution. To accomplish these objectives, metropolitan
386	planning organizations, referred to in this section as M.P.O.'s,
387	shall develop, in cooperation with the state and public transit
388	operators, transportation plans and programs for metropolitan
389	areas. The plans and programs for each metropolitan area must
390	provide for the development and integrated management and
391	operation of transportation systems and facilities, including
392	pedestrian walkways and bicycle transportation facilities that
393	will function as an intermodal transportation system for the
394	metropolitan area, based upon the prevailing principles provided
395	in s. 334.046(1). The process for developing such plans and
396	programs shall provide for consideration of all modes of
397	transportation and shall be continuing, cooperative, and
398	comprehensive, to the degree appropriate, based on the
399	complexity of the transportation problems to be addressed. To
400	ensure that the process is integrated with the statewide
401	planning process, M.P.O.'s shall develop plans and programs that
402	identify transportation facilities that should function as an
403	integrated metropolitan transportation system, giving emphasis
404	to facilities that serve important national, state, and regional
405	transportation functions. For the purposes of this section,
406	those facilities include the facilities on the Strategic
407	Intermodal System designated under s. 339.63.
408	(12)  VOTING REQUIREMENTS.--Each long-range transportation
409	plan required under subsection (6), each annually updated
410	transportation improvement program required under subsection
411	(7), and each annual unified planning work program required
412	under subsection (8) must be approved by each M.P.O. on a
413	recorded roll call vote of the membership present. Any proposed
414	modification of a transportation improvement program and the
415	annual unified planning work program that affects projects in
416	the first 3 years of such plan or program requires a recorded
417	super majority roll call vote of two-thirds of the M.P.O.
418	membership present and voting.
419	Section 9.  Subsection (2) of section 339.55, Florida
420	Statutes, is amended to read:
421	339.55  State-funded infrastructure bank.--
422	(2)  The bank may lend capital costs or provide credit
423	enhancements for a transportation facility project that is on
424	the State Highway System or that provides for increased mobility
425	on the state's transportation system or provides intermodal
426	connectivity with airports, seaports, rail facilities, and other
427	transportation terminals, pursuant to s. 341.053, for the
428	movement of people and goods. Loans from the bank may be
429	subordinated to senior project debt that has an investment grade
430	rating of "BBB" or higher. Notwithstanding any other provision
431	of law, the total outstanding state-funded infrastructure bank
432	loan repayments over the average term of the loan repayment
433	period, as needed to meet the requirements of the documents
434	authorizing the bonds issued or proposed to be issued under s.
435	215.617 to be paid from the State Transportation Trust Fund, may
436	not exceed 0.75 percent of the revenues deposited into the State
437	Transportation Trust Fund.
438	Section 10.  Section 339.61, Florida Statutes, is amended
439	to read:
440	339.61  Florida Strategic Intermodal System; legislative
441	findings, declaration, and intent.--
442	(1)  There is hereby created the Florida Strategic
443	Intermodal System. For purposes of funding projects under the
444	system, the department shall allocate from the State
445	Transportation Trust Fund in its program and resource plan a
446	minimum of $60 million each year, beginning in the 2004-2005
447	fiscal year. This allocation of funds is in addition to any
448	funding provided to this system by any other provision of law.
449	(2)  The Legislature finds that increasing demands are
450	continuing to be placed on the state's transportation system by
451	a fast-growing economy, continued population growth, and
452	projected increases in freight movement, international trade,
453	and tourism. The Legislature also finds that the state's growing
454	regional and intercity economic centers will increase the demand
455	for interregional and intercity travel and that the evolving
456	service-based and information-based industries will change the
457	type of transportation system that business and industry demand,
458	increasing the importance of speed and reliability. The
459	Legislature further finds that our transportation system must be
460	designed and operated in such a way that it preserves the
461	abundance of natural and manmade amenities that have been so
462	successful in attracting new residents, businesses, and tourists
463	to this state. Therefore, the Legislature declares that the
464	designation of a strategic intermodal system, composed of
465	facilities and services of statewide and interregional
466	significance, will efficiently serve the mobility needs of
467	Florida's citizens, businesses, and visitors and will help
468	Florida become a worldwide economic leader, enhance economic
469	prosperity and competitiveness, enrich quality of life, and
470	reflect responsible environmental stewardship. To that end, it
471	is the intent of the Legislature that the Strategic Intermodal
472	System consist of transportation facilities that meet a
473	strategic and essential state interest and help generate
474	economic development and job growth and that limited resources
475	available for the implementation of statewide and interregional
476	transportation priorities be focused on that system.
477	Section 11.  Subsection (7) is added to section 339.62,
478	Florida Statutes, to read:
479	339.62  System components.--The Strategic Intermodal System
480	shall consist of appropriate components of:
481	(7)  Planned facilities, defined as transportation
482	infrastructure that is projected to meet all applicable criteria
483	and thresholds within the first 3 years of operation, has the
484	consensus support of transportation partners to implement the
485	project, and is financially feasible as demonstrated by
486	inclusion in the department's work program or some other
487	appropriate plan.
488	Section 12.  Subsections (2), (3), and (4) and paragraph
489	(b) of subsection (5) of section 339.64, Florida Statutes, are
490	amended to read:
491	339.64  Strategic Intermodal System Plan.--
492	(2)  In association with the continued development of the
493	initial Strategic Intermodal System Plan and other
494	transportation plans, the Florida Transportation Commission as
495	part of its work program review process shall conduct an annual
496	assessment of the progress the department and its transportation
497	partners have made in realizing the goals of economic
498	development, improved mobility, and increased intermodal
499	connectivity need for an improved philosophical approach to
500	regional and intermodal input in the planning for and governing
501	of the Strategic Intermodal System and other transportation
502	systems. The Florida Transportation Commission shall coordinate
503	with the department, the Statewide Intermodal Transportation
504	Advisory Council, and other appropriate entities when developing
505	this assessment. The Florida Transportation Commission shall
506	deliver a report to the Governor and Legislature no later than
507	14 days after the regular session of the Legislature begins by
508	December 15, 2003, with recommendations as necessary to fully
509	implement the Strategic Intermodal System.
510	(3)(a)  During the development of updates to the Strategic
511	Intermodal System Plan and the development of all subsequent
512	updates, the department shall provide metropolitan planning
513	organizations, regional planning councils, local governments,
514	transportation providers, affected public agencies, and citizens
515	with an opportunity to participate in and comment on the
516	development of the proposed plan or update.
517	(b)  The department also shall coordinate with federal,
518	regional, and local partners the planning for the Strategic
519	Highway Network and the Strategic Rail Corridor Network
520	transportation facilities that either are included in the
521	Strategic Intermodal System or provide a direct connection
522	between military installations and the Strategic Intermodal
523	System. In addition, the department shall coordinate with
524	regional and local partners to determine whether the road and
525	other transportation infrastructure that connect military
526	installations to the Strategic Intermodal System, the Strategic
527	Highway Network, or the Strategic Rail Corridor are regionally
528	significant and should be included in the Strategic Intermodal
529	System Plan.
530	(4)  The Strategic Intermodal System Plan shall include the
531	following:
532	(a)  A needs assessment.
533	(b)  A project prioritization process.
534	(c)  A map of facilities designated as Strategic Intermodal
535	System facilities, and facilities that are emerging in
536	importance that are likely to become part of the system in the
537	future, and planned facilities that will meet the established
538	criteria.
539	(d)  A finance plan based on reasonable projections of
540	anticipated revenues, including both 10-year and 20-year cost-
541	feasible components.
542	(e)  An assessment of the impacts of proposed improvements
543	to Strategic Intermodal System corridors on military
544	installations that are either located directly on the Strategic
545	Intermodal System or located on the Strategic Highway Network or
546	Strategic Rail Corridor Network.
547	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY
548	COUNCIL.--
549	(b)  MEMBERSHIP.--Members of the Statewide Intermodal
550	Transportation Advisory Council shall consist of the following:
551	1.  Six Five intermodal industry representatives selected
552	by the Governor as follows:
553	a.  One representative from an airport involved in the
554	movement of freight and people from their airport facility to
555	another transportation mode.
556	b.  One individual representing a fixed-route, local-
557	government transit system.
558	c.  One representative from an intercity bus company
559	providing regularly scheduled bus travel as determined by
560	federal regulations.
561	d.  One representative from a spaceport.
562	e.  One representative from intermodal trucking companies.
563	f.  One representative with command responsibilities of a
564	major military installation.
565	2.  Three intermodal industry representatives selected by
566	the President of the Senate as follows:
567	a.  One representative from major-line railroads.
568	b.  One representative from seaports listed in s. 311.09(1)
569	from the Atlantic Coast.
570	c.  One representative from an airport involved in the
571	movement of freight and people from their airport facility to
572	another transportation mode.
573	3.  Three intermodal industry representatives selected by
574	the Speaker of the House of Representatives as follows:
575	a.  One representative from short-line railroads.
576	b.  One representative from seaports listed in s. 311.09(1)
577	from the Gulf Coast.
578	c.  One representative from intermodal trucking companies.
579	In no event may this representative be employed by the same
580	company that employs the intermodal trucking company
581	representative selected by the Governor.
582	Section 13.  Part IV of chapter 343, Florida Statutes,
583	consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
584	343.835, 343.836, 343.837, 343.84, 343.85, 343.87, 343.875,
585	343.88, 343.881, 343.884, 343.885, and 343.89, is created to
586	read:
587	PART IV
588	NORTHWEST FLORIDA TRANSPORTATION CORRIDOR AUTHORITY
589	343.80  Short title.--This part shall be known and may be
590	cited as the "Northwest Florida Transportation Corridor
591	Authority Law."
592	343.805  Definitions.--The following terms, whenever used
593	or referred to in this law, shall have the following meanings,
594	except in those instances where the context clearly indicates
595	otherwise:
596	(1)  "Agency of the state" means and includes the state and
597	any department of, or corporation, agency, or instrumentality
598	heretofore or hereafter created, designated, or established by,
599	the state.
600	(2)  "Authority" means the body politic and corporate and
601	agency of the state created by this part.
602	(3)  "Bonds" means and includes the notes, bonds, refunding
603	bonds, or other evidences of indebtedness or obligations, in
604	either temporary or definitive form, which the authority is
605	authorized to issue pursuant to this part.
606	(4)  "Department" means the Department of Transportation
607	existing under chapters 334-339.
608	(5)  "Federal agency" means and includes the United States,
609	the President of the United States, and any department of, or
610	corporation, agency, or instrumentality heretofore or hereafter
611	created, designated, or established by, the United States.
612	(6)  "Lease-purchase agreement" means the lease-purchase
613	agreements which the authority is authorized pursuant to this
614	part to enter into with the Department of Transportation.
615	(7)  "Limited access expressway" or "expressway" means a
616	street or highway especially designed for through traffic and
617	over, from, or to which no person shall have the right of
618	easement, use, or access except in accordance with the rules and
619	regulations adopted and established by the authority for the use
620	of such facility. Such highways or streets may be parkways, from
621	which trucks, buses, and other commercial vehicles shall be
622	excluded, or they may be freeways open to use by all customary
623	forms of street and highway traffic.
624	(8)  "Members" means the governing body of the authority,
625	and the term "member" means one of the individuals constituting
626	such governing body.
627	(9)  "State Board of Administration" means the body
628	corporate existing under the provisions of s. 9, Art. XII of the
629	State Constitution, or any successor thereto.
630	(10)  "U.S. 98 corridor" means U.S. Highway 98 and any
631	feeder roads, reliever roads, connector roads, bridges, and
632	other transportation appurtenances, existing or constructed in
633	the future, that support U.S. Highway 98 in Escambia, Santa
634	Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
635	Counties.
636	(11)  "U.S. 98 Corridor System" means any and all
637	expressways and appurtenant facilities, including, but not
638	limited to, all approaches, roads, bridges, and avenues of
639	access for the expressways that are either built by the
640	authority or whose ownership is transferred to the authority by
641	other governmental or private entities.
642
643	Terms importing singular number include the plural number in
644	each case and vice versa, and terms importing persons include
645	firms and corporations.
646	343.81  Northwest Florida Transportation Corridor
647	Authority.--
648	(1)  There is hereby created and established a body politic
649	and corporate, an agency of the state, to be known as the
650	Northwest Florida Transportation Corridor Authority, hereinafter
651	referred to as "the authority."
652	(2)(a)  The governing body of the authority shall consist
653	of eight voting members, one each from Escambia, Santa Rosa,
654	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
655	appointed by the Governor to 4-year terms. The appointees shall
656	be residents of their respective counties. Upon the effective
657	date of his or her appointment, or as soon thereafter as
658	practicable, each appointed member of the authority shall enter
659	upon his or her duties. Each appointed member shall hold office
660	until his or her successor has been appointed and has qualified.
661	A vacancy occurring during a term shall be filled only for the
662	balance of the unexpired term. Any member of the authority shall
663	be eligible for reappointment. Members of the authority may be
664	removed from office by the Governor for misconduct, malfeasance,
665	misfeasance, or nonfeasance in office.
666	(b)  The district secretary of the Department of
667	Transportation serving Northwest Florida shall serve as an ex
668	officio, nonvoting member.
669	(3)(a)  The authority shall elect one of its members as
670	chair and shall also elect a secretary and a treasurer who may
671	or may not be members of the authority. The chair, secretary,
672	and treasurer shall hold such offices at the will of the
673	authority.
674	(b)  Five members of the authority shall constitute a
675	quorum, and the vote of at least five members shall be necessary
676	for any action taken by the authority. No vacancy in the
677	authority shall impair the right of a quorum of the authority to
678	exercise all of the rights and perform all of the duties of the
679	authority.
680	(c)  The authority shall meet at least quarterly but may
681	meet more frequently upon the call of the chair. The authority
682	should alternate the locations of its meetings among the seven
683	counties.
684	(4)  Members of the authority shall serve without
685	compensation but shall be entitled to receive from the authority
686	their travel expenses and per diem incurred in connection with
687	the business of the authority, as provided in s. 112.061.
688	(5)  The authority may employ an executive director, an
689	executive secretary, its own counsel and legal staff, technical
690	experts, engineers, and such employees, permanent or temporary,
691	as it may require. The authority shall determine the
692	qualifications and fix the compensation of such persons, firms,
693	or corporations and may employ a fiscal agent or agents;
694	however, the authority shall solicit sealed proposals from at
695	least three persons, firms, or corporations for the performance
696	of any services as fiscal agents. The authority may delegate to
697	one or more of its agents or employees such of its power as it
698	shall deem necessary to carry out the purposes of this part,
699	subject always to the supervision and control of the authority.
700	(6)  The authority may establish technical advisory
701	committees to provide guidance and advice on corridor-related
702	issues. The authority shall establish the size, composition, and
703	focus of any technical advisory committee created. A member
704	appointed to a technical advisory committee shall serve without
705	compensation but shall be entitled to per diem or travel
706	expenses, as provided in s. 112.061.
707	343.82  Purposes and powers.--
708	(1)  The primary purpose of the authority shall be to
709	improve mobility on the U.S. 98 corridor in Northwest Florida to
710	enhance traveler safety, identify and develop hurricane
711	evacuation routes, promote economic development along the
712	corridor, and implement transportation projects to alleviate
713	current or anticipated traffic congestion.
714	(2)  The authority is authorized to construct any feeder
715	roads, reliever roads, connector roads, bypasses, or appurtenant
716	facilities that are intended to improve mobility along the U.S.
717	98 corridor. The transportation improvement projects may also
718	include all necessary approaches, roads, bridges, and avenues of
719	access that shall be deemed desirable and proper with the
720	concurrence, where applicable, of the department if the project
721	is to be part of the State Highway System or the respective
722	county or municipal governing boards. Any transportation
723	facilities constructed by the authority may be tolled.
724	(3)(a)  The authority shall develop and adopt a corridor
725	master plan no later than July 1, 2007. The goals and objectives
726	of the master plan are to identify areas of the corridor where
727	mobility, traffic safety, and efficient hurricane evacuation
728	needs to be improved; evaluate the economic development
729	potential of the corridor and consider strategies to develop
730	that potential; develop methods of building partnerships with
731	local governments, other state and federal entities, the
732	private-sector business community, and the public in support of
733	corridor improvements; and to identify projects that will
734	accomplish these goals and objectives.
735	(b)  After its adoption, the master plan shall be updated
736	annually before July 1 of each year.
737	(c)  The authority shall present the original master plan
738	and updates to the governing bodies of the counties within the
739	corridor and to the legislative delegation members representing
740	those counties within 90 days after adoption.
741	(d)  The authority may undertake projects or other
742	improvements in the master plan in phases as particular projects
743	or segments thereof become feasible, as determined by the
744	authority. In carrying out its purposes and powers, the
745	authority may request funding and technical assistance from the
746	department and appropriate federal and local agencies,
747	including, but not limited to, state infrastructure bank loans,
748	advances from the Toll Facilities Revolving Trust Fund, and from
749	any other sources.
750	(4)  The authority is granted and shall have and may
751	exercise all powers necessary, appurtenant, convenient, or
752	incidental to the carrying out of the aforesaid purposes,
753	including, but not limited to, the following rights and powers:
754	(a)  To acquire, hold, construct, improve, maintain,
755	operate, own, and lease in the capacity of lessor transportation
756	facilities within the U.S. 98 corridor.
757	(b)  To borrow money and to make and issue negotiable
758	notes, bonds, refunding bonds, and other evidences of
759	indebtedness or obligations, either in temporary or definitive
760	form, hereinafter in this chapter sometimes called "revenue
761	bonds" of the authority, for the purpose of financing all or
762	part of the mobility improvements within the U.S. 98 corridor,
763	as well as the appurtenant facilities, including all approaches,
764	streets, roads, bridges, and avenues of access authorized by
765	this part, the bonds to mature not exceeding 40 years after the
766	date of the issuance thereof, and to secure the payment of such
767	bonds or any part thereof by a pledge of any or all of its
768	revenues, rates, fees, rentals, or other charges.
769	(c)  To fix, alter, charge, establish, and collect tolls,
770	rates, fees, rentals, and other charges for the services and
771	facilities of the Northwest Florida Transportation Corridor
772	System, which rates, fees, rentals, and other charges shall
773	always be sufficient to comply with any covenants made with the
774	holders of any bonds issued pursuant to this part; however, such
775	right and power may be assigned or delegated by the authority to
776	the department. The authority shall not impose tolls or other
777	charges on existing highways and other transportation facilities
778	within the corridor.
779	(d)  To acquire by donation or otherwise, purchase, hold,
780	lease as lessee, and use any franchise, property, real,
781	personal, or mixed, tangible or intangible, or any options
782	thereof in its own name or in conjunction with others, or
783	interest therein, necessary or desirable for carrying out the
784	purposes of the authority and to sell, lease as lessor,
785	transfer, and dispose of any property or interest therein at any
786	time acquired by it.
787	(e)  To sue and be sued, implead and be impleaded,
788	complain, and defend in all courts.
789	(f)  To adopt, use, and alter at will a corporate seal.
790	(g)  To enter into and make leases.
791	(h)  To enter into and make lease-purchase agreements with
792	the department for terms not exceeding 40 years or until any
793	bonds secured by a pledge of rentals thereunder, and any
794	refundings thereof, are fully paid as to both principal and
795	interest, whichever is longer.
796	(i)  To make contracts of every name and nature, including,
797	but not limited to, partnerships providing for participation in
798	ownership and revenues, and to execute all instruments necessary
799	or convenient for the carrying on of its business.
800	(j)  Without limitation of the foregoing, to borrow money
801	and accept grants from and to enter into contracts, leases, or
802	other transactions with any federal agency, the state, any
803	agency of the state, or any other public body of the state.
804	(k)  To have the power of eminent domain, including the
805	procedural powers granted under chapters 73 and 74.
806	(l)  To pledge, hypothecate, or otherwise encumber all or
807	any part of the revenues, rates, fees, rentals, or other charges
808	or receipts of the authority.
809	(m)  To enter into partnership and other agreements
810	respecting ownership and revenue participation in order to
811	facilitate financing and constructing any project or portions
812	thereof.
813	(n)  To participate in agreements with private entities and
814	to receive private contributions.
815	(o)  To contract with the department or with a private
816	entity for the operation of traditional and electronic toll
817	collection facilities along the U.S. 98 corridor.
818	(p)  To do all acts and things necessary or convenient for
819	the conduct of its business and the general welfare of the
820	authority in order to carry out the powers granted to it by this
821	part or any other law.
822	(q)  To construct, operate, and maintain roads, bridges,
823	avenues of access, thoroughfares, and boulevards and to
824	construct, repair, replace, operate, install, and maintain
825	electronic toll payment systems thereon, with all necessary and
826	incidental powers to accomplish the foregoing.
827	(5)  The authority shall have no power at any time or in
828	any manner to pledge the credit or taxing power of the state or
829	any political subdivision or agency thereof, nor shall any of
830	the authority's obligations be deemed to be obligations of the
831	state or of any political subdivision or agency thereof, nor
832	shall the state or any political subdivision or agency thereof,
833	except the authority, be liable for the payment of the principal
834	of or interest on such obligations.
835	343.83  Improvements, bond financing authority
836	for.--Pursuant to s. 11(f), Art. VII of the State Constitution,
837	the Legislature hereby approves for bond financing by the
838	Northwest Florida Transportation Corridor Authority improvements
839	to toll collection facilities, interchanges to the legislatively
840	approved system, and any other facility appurtenant, necessary,
841	or incidental to the approved system. Subject to terms and
842	conditions of applicable revenue bond resolutions and covenants,
843	such costs may be financed in whole or in part by revenue bonds
844	issued pursuant to s. 343.835(1)(a) or (b) whether currently
845	issued or issued in the future or by a combination of such
846	bonds.
847	343.835  Bonds of the authority.--
848	(1)(a)  Bonds may be issued on behalf of the authority
849	pursuant to the State Bond Act.
850	(b)  Alternatively, the authority may issue its own bonds
851	pursuant to this part at such times and in such principal amount
852	as, in the opinion of the authority, is necessary to provide
853	sufficient moneys for achieving its purposes; however, such
854	bonds may not pledge the full faith and credit of the state.
855	Bonds issued by the authority pursuant to this paragraph or
856	paragraph (a), whether on original issuance or on refunding,
857	shall be authorized by resolution of the members thereof, may be
858	either term or serial bonds, and shall bear such date or dates,
859	mature at such time or times, not exceeding 40 years after their
860	respective dates, bear interest at such rate or rates, be
861	payable semiannually, be in such denominations, be in such form,
862	either coupon or fully registered, carry such registration,
863	exchangeability, and interchangeability privileges, be payable
864	in such medium of payment and at such place or places, be
865	subject to such terms of redemption, and be entitled to such
866	priorities on the revenues, rates, fees, rentals, or other
867	charges or receipts of the authority, including revenues from
868	lease-purchase agreements. The bonds shall be executed either by
869	manual or facsimile signature by such officers as the authority
870	shall determine, provided that such bonds shall bear at least
871	one signature which is manually executed thereon, and the
872	coupons attached to such bonds shall bear the facsimile
873	signature or signatures of such officer or officers as shall be
874	designated by the authority and shall have the seal of the
875	authority affixed, imprinted, reproduced, or lithographed
876	thereon, all as may be prescribed in such resolution or
877	resolutions.
878	(c)  Bonds issued pursuant to paragraph (a) or paragraph
879	(b) shall be sold at public sale in the manner provided by the
880	State Bond Act. However, if the authority, by official action at
881	a public meeting, determines that a negotiated sale of such
882	bonds is in the best interest of the authority, the authority
883	may negotiate the sale of such bonds with the underwriter
884	designated by the authority and the Division of Bond Finance of
885	the State Board of Administration with respect to bonds issued
886	pursuant to paragraph (a) or solely the authority with respect
887	to bonds issued pursuant to paragraph (b). The authority's
888	determination to negotiate the sale of such bonds may be based,
889	in part, upon the written advice of the authority's financial
890	adviser. Pending the preparation of definitive bonds, interim
891	certificates may be issued to the purchaser or purchasers of
892	such bonds and may contain such terms and conditions as the
893	authority may determine.
894	(d)  The authority may issue bonds pursuant to paragraph
895	(b) to refund any bonds previously issued regardless of whether
896	the bonds being refunded were issued by the authority pursuant
897	to this chapter or on behalf of the authority pursuant to the
898	State Bond Act.
899	(2)  Any such resolution or resolutions authorizing any
900	bonds hereunder may contain provisions which shall be part of
901	the contract with the holders of such bonds, as to:
902	(a)  The pledging of all or any part of the revenues,
903	rates, fees, rentals, or other charges or receipts of the
904	authority, derived by the authority for the U.S. 98 corridor
905	improvements.
906	(b)  The completion, improvement, operation, extension,
907	maintenance, repair, lease, or lease-purchase agreement of the
908	system, and the duties of the authority and others, including
909	the department, with reference thereto.
910	(c)  Limitations on the purposes to which the proceeds of
911	the bonds, then or thereafter to be issued, or of any loan or
912	grant by the United States or the state may be applied.
913	(d)  The fixing, charging, establishing, and collecting of
914	rates, fees, rentals, or other charges for use of the services
915	and facilities constructed by the authority.
916	(e)  The setting aside of reserves or sinking funds or
917	repair and replacement funds and the regulation and disposition
918	thereof.
919	(f)  Limitations on the issuance of additional bonds.
920	(g)  The terms and provisions of any lease-purchase
921	agreement, deed of trust, or indenture securing the bonds or
922	under which the same may be issued.
923	(h)  Any other or additional agreements with the holders of
924	the bonds which the authority may deem desirable and proper.
925	(3)  The authority may employ fiscal agents as provided by
926	this part or the State Board of Administration may, upon request
927	of the authority, act as fiscal agent for the authority in the
928	issuance of any bonds which may be issued pursuant to this part,
929	and the State Board of Administration may, upon request of the
930	authority, take over the management, control, administration,
931	custody, and payment of any or all debt services or funds or
932	assets now or hereafter available for any bonds issued pursuant
933	to this part. The authority may enter into any deeds of trust,
934	indentures, or other agreements with its fiscal agent, or with
935	any bank or trust company within or without the state, as
936	security for such bonds and may, under such agreements, sign and
937	pledge all or any of the revenues, rates, fees, rentals, or
938	other charges or receipts of the authority. Such deed of trust,
939	indenture, or other agreement may contain such provisions as are
940	customary in such instruments or, as the authority may
941	authorize, including, but without limitation, provisions as to:
942	(a)  The completion, improvement, operation, extension,
943	maintenance, repair, and lease of or lease-purchase agreement
944	relating to U.S. 98 corridor improvements and the duties of the
945	authority and others, including the department, with reference
946	thereto.
947	(b)  The application of funds and the safeguarding of funds
948	on hand or on deposit.
949	(c)  The rights and remedies of the trustee and the holders
950	of the bonds.
951	(d)  The terms and provisions of the bonds or the
952	resolutions authorizing the issuance of same.
953	(4)  Any of the bonds issued pursuant to this part are, and
954	are hereby declared to be, negotiable instruments and shall have
955	all the qualities and incidents of negotiable instruments under
956	the law merchant and the negotiable instruments law of the
957	state.
958	(5)  Notwithstanding any of the provisions of this part,
959	each project, building, or facility which has been financed by
960	the issuance of bonds or other evidence of indebtedness under
961	this part and any refinancing thereof are hereby approved as
962	provided for in s. 11(f), Art. VII of the State Constitution.
963	343.836  Remedies of the bondholders.--
964	(1)  The rights and the remedies herein conferred upon or
965	granted to the bondholders shall be in addition to and not in
966	limitation of any rights and remedies lawfully granted to such
967	bondholders by the resolution or resolutions providing for the
968	issuance of bonds or by a lease-purchase agreement, deed of
969	trust, indenture, or other agreement under which the bonds may
970	be issued or secured. In the event the authority defaults in the
971	payment of the principal of or interest on any of the bonds
972	issued pursuant to the provisions of this part after such
973	principal of or interest on the bonds becomes due, whether at
974	maturity or upon call for redemption, or the department defaults
975	in any payments under, or covenants made in, any lease-purchase
976	agreement between the authority and the department, and such
977	default continues for a period of 30 days, or in the event that
978	the authority or the department fails or refuses to comply with
979	the provisions of this part or any agreement made with, or for
980	the benefit of, the holders of the bonds, the holders of 25
981	percent in aggregate principal amount of the bonds then
982	outstanding shall be entitled as of right to the appointment of
983	a trustee to represent such bondholders for the purposes hereof,
984	provided that such holders of 25 percent in aggregate principal
985	amount of the bonds then outstanding shall first give notice of
986	their intention to appoint a trustee to the authority and to the
987	department. Such notice shall be deemed to have been given if
988	given in writing, deposited in a securely sealed postpaid
989	wrapper, mailed at a regularly maintained United States post
990	office box or station, and addressed, respectively, to the chair
991	of the authority and to the secretary of the department at the
992	principal office of the department.
993	(2)  Such trustee and any trustee under any deed of trust,
994	indenture, or other agreement may and, upon written request of
995	the holders of 25 percent or such other percentages as may be
996	specified in any deed of trust, indenture, or other agreement
997	aforesaid in principal amount of the bonds then outstanding,
998	shall, in any court of competent jurisdiction, in his, her, or
999	its own name:
1000	(a)  By mandamus or other suit, action, or proceeding at
1001	law or in equity, enforce all rights of the bondholders,
1002	including the right to require the authority to fix, establish,
1003	maintain, collect, and charge rates, fees, rentals, and other
1004	charges adequate to carry out any agreement as to or pledge of
1005	the revenues or receipts of the authority to carry out any other
1006	covenants and agreements with or for the benefit of the
1007	bondholders, and to perform its and their duties under this
1008	part.
1009	(b)  By mandamus or other suit, action, or proceeding at
1010	law or in equity, enforce all rights of the bondholders under or
1011	pursuant to any lease-purchase agreement between the authority
1012	and the department, including the right to require the
1013	department to make all rental payments required to be made by it
1014	under the provisions of any such lease-purchase agreement, to
1015	require the department to carry out any other covenants and
1016	agreements with or for the benefit of the bondholders, and to
1017	perform its and their duties under this part.
1018	(c)  Bring suit upon the bonds.
1019	(d)  By action or suit in equity, require the authority or
1020	the department to account as if it were the trustee of an
1021	express trust for the bondholders.
1022	(e)  By action or suit in equity, enjoin any acts or things
1023	which may be unlawful or in violation of the rights of the
1024	bondholders.
1025	(3)  Any trustee, when appointed as aforesaid or acting
1026	under a deed of trust, indenture, or other agreement, and
1027	whether or not all bonds have been declared due and payable,
1028	shall be entitled as of right to the appointment of a receiver
1029	who may enter upon and take possession of the system or the
1030	facilities or any part or parts thereof, the rates, fees,
1031	rentals, or other revenues, charges, or receipts from which are
1032	or may be applicable to the payment of the bonds so in default,
1033	and, subject to and in compliance with the provisions of any
1034	lease-purchase agreement between the authority and the
1035	department, operate and maintain the same for and on behalf of
1036	and in the name of the authority, the department, and the
1037	bondholders, and collect and receive all rates, fees, rentals,
1038	and other charges or receipts or revenues arising therefrom in
1039	the same manner as the authority or the department might do, and
1040	shall deposit all such moneys in a separate account and apply
1041	the same in such manner as the court shall direct. In any suit,
1042	action, or proceeding by the trustee, the fees, counsel fees,
1043	and expenses of the trustee and said receiver, if any, and all
1044	costs and disbursements allowed by the court shall be a first
1045	charge on any rates, fees, rentals, or other charges, revenues,
1046	or receipts derived from the system or the facilities or
1047	services or any part or parts thereof, including payments under
1048	any such lease-purchase agreement as aforesaid, which said
1049	rates, fees, rentals, or other charges, revenues, or receipts
1050	shall or may be applicable to the payment of the bonds so in
1051	default. Such trustee shall, in addition to the foregoing, have
1052	and possess all of the powers necessary or appropriate for the
1053	exercise of any functions specifically set forth herein or
1054	incident to the representation of the bondholders in the
1055	enforcement and protection of their rights.
1056	(4)  Nothing in this section or any other section of this
1057	part shall authorize any receiver appointed pursuant hereto for
1058	the purpose, subject to and in compliance with the provisions of
1059	any lease-purchase agreement between the authority and the
1060	department, of operating and maintaining the system or any
1061	facilities or part or parts thereof to sell, assign, mortgage,
1062	or otherwise dispose of any of the assets of whatever kind and
1063	character belonging to the authority. It is the intention of
1064	this part to limit the powers of such receiver, subject to and
1065	in compliance with the provisions of any lease-purchase
1066	agreement between the authority and the department, to the
1067	operation and maintenance of the system or any facility or part
1068	or parts thereof, as the court may direct, in the name and for
1069	and on behalf of the authority, the department, and the
1070	bondholders, and no holder of bonds on the authority nor any
1071	trustee shall ever have the right in any suit, action, or
1072	proceeding at law or in equity to compel a receiver, nor shall
1073	any receiver be authorized or any court be empowered to direct
1074	the receiver to sell, assign, mortgage, or otherwise dispose of
1075	any assets of whatever kind or character belonging to the
1076	authority.
1077	343.837  Lease-purchase agreement.--
1078	(1)  In order to effectuate the purposes of this part and
1079	as authorized by this part, the authority may enter into a
1080	lease-purchase agreement with the department relating to and
1081	covering the U.S. 98 Corridor System.
1082	(2)  Such lease-purchase agreement shall provide for the
1083	leasing of the system by the authority, as lessor, to the
1084	department, as lessee, shall prescribe the term of such lease
1085	and the rentals to be paid thereunder, and shall provide that,
1086	upon the completion of the faithful performance thereunder and
1087	the termination of such lease-purchase agreement, title in fee
1088	simple absolute to the system as then constituted shall be
1089	transferred in accordance with law by the authority to the state
1090	and the authority shall deliver to the department such deeds and
1091	conveyances as shall be necessary or convenient to vest title in
1092	fee simple absolute in the state.
1093	(3)  Such lease-purchase agreement may include such other
1094	provisions, agreements, and covenants as the authority and the
1095	department deem advisable or required, including, but not
1096	limited to, provisions as to the bonds to be issued under and
1097	for the purposes of this part, the completion, extension,
1098	improvement, operation, and maintenance of the system and the
1099	expenses and the cost of operation of said authority, the
1100	charging and collection of tolls, rates, fees, and other charges
1101	for the use of the services and facilities thereof, and the
1102	application of federal or state grants or aid which may be made
1103	or given to assist the authority in the completion, extension,
1104	improvement, operation, and maintenance of the system.
1105	(4)  The department as lessee under such lease-purchase
1106	agreement is hereby authorized to pay as rentals thereunder any
1107	rates, fees, charges, funds, moneys, receipts, or income
1108	accruing to the department from the operation of the system and
1109	may also pay as rentals any appropriations received by the
1110	department pursuant to any act of the Legislature heretofore or
1111	hereafter enacted; however, nothing herein or in such lease-
1112	purchase agreement is intended to require, nor shall this part
1113	or such lease-purchase agreement require, the making or
1114	continuance of such appropriations, nor shall any holder of
1115	bonds issued pursuant to this part ever have any right to compel
1116	the making or continuance of such appropriations.
1117	(5)  The department shall have power to covenant in any
1118	lease-purchase agreement that it will pay all or any part of the
1119	cost of the operation, maintenance, repair, renewal, and
1120	replacement of said system, and any part of the cost of
1121	completing said system to the extent that the proceeds of bonds
1122	issued therefore are insufficient, from sources other than the
1123	revenues derived from the operation of the system.
1124	(6)  The U.S. 98 Corridor System shall be a part of the
1125	State Highway System as defined in s. 334.03, and the department
1126	may, upon the request of the authority, expend out of any funds
1127	available for that purpose, and use such of its engineering and
1128	other forces, as may be necessary and desirable in the judgment
1129	of the department, for the operation of the authority and for
1130	traffic surveys, borings, surveys, preparation of plans and
1131	specifications, estimates of cost, and other preliminary
1132	engineering and other studies.
1133	343.84  Department may be appointed agent of authority for
1134	construction.--The department may be appointed by the authority
1135	as its agent for the purpose of constructing improvements and
1136	extensions to the system and for the completion thereof. In such
1137	event, the authority shall provide the department with complete
1138	copies of all documents, agreements, resolutions, contracts, and
1139	instruments relating thereto, shall request the department to do
1140	such construction work, including the planning, surveying, and
1141	actual construction of the completion, extensions, and
1142	improvements to the system, and shall transfer to the credit of
1143	an account of the department in the treasury of the state the
1144	necessary funds therefor, and the department shall thereupon be
1145	authorized, empowered, and directed to proceed with such
1146	construction and to use said funds for such purpose in the same
1147	manner that it is now authorized to use the funds otherwise
1148	provided by law for its use in construction of roads and
1149	bridges.
1150	343.85  Acquisition of lands and property.--
1151	(1)  For the purposes of this part, the Northwest Florida
1152	Transportation Corridor Authority may acquire private or public
1153	property and property rights, including rights of access, air,
1154	view, and light, by gift, devise, purchase, or condemnation by
1155	eminent domain proceedings, as the authority may deem necessary
1156	for any of the purposes of this part, including, but not limited
1157	to, any lands reasonably necessary for securing applicable
1158	permits, areas necessary for management of access, borrow pits,
1159	drainage ditches, water retention areas, rest areas, replacement
1160	access for landowners whose access is impaired due to the
1161	construction of a facility, and replacement rights-of-way for
1162	relocated rail and utility facilities; for existing, proposed,
1163	or anticipated transportation facilities within the U.S. 98
1164	transportation corridor designated by the authority; or for the
1165	purposes of screening, relocation, removal, or disposal of
1166	junkyards and scrap metal processing facilities. The authority
1167	shall also have the power to condemn any material and property
1168	necessary for such purposes.
1169	(2)  The right of eminent domain herein conferred shall be
1170	exercised by the authority in the manner provided by law.
1171	(3)  When the authority acquires property for a
1172	transportation facility or in a transportation corridor, it is
1173	not subject to any liability imposed by chapter 376 or chapter
1174	403 for preexisting soil or groundwater contamination due solely
1175	to its ownership. This section does not affect the rights or
1176	liabilities of any past or future owners of the acquired
1177	property, nor does it affect the liability of any governmental
1178	entity for the results of its actions which create or exacerbate
1179	a pollution source. The authority and the Department of
1180	Environmental Protection may enter into interagency agreements
1181	for the performance, funding, and reimbursement of the
1182	investigative and remedial acts necessary for property acquired
1183	by the authority.
1184	343.87  Cooperation with other units, boards, agencies, and
1185	individuals.--Express authority and power is hereby given and
1186	granted to any county, municipality, drainage district, road and
1187	bridge district, school district, or any other political
1188	subdivision, board, commission, or individual in or of the state
1189	to make and enter into with the authority contracts, leases,
1190	conveyances, partnerships, or other agreements within the
1191	provisions and purposes of this part. The authority is hereby
1192	expressly authorized to make and enter into contracts, leases,
1193	conveyances, partnerships, and other agreements with any
1194	political subdivision, agency, or instrumentality of the state
1195	and any and all federal agencies, corporations, and individuals
1196	for the purpose of carrying out the provisions of this part.
1197	343.875  Public-private partnerships.--
1198	(1)  The authority may receive or solicit proposals and
1199	enter into agreements with private entities, or consortia
1200	thereof, for the building, operation, ownership, or financing of
1201	transportation facilities within the jurisdiction of the
1202	authority. Before approval, the authority must determine that a
1203	proposed project:
1204	(a)  Is in the public's best interest.
1205	(b)  Would not require state funds to be used unless the
1206	project is on or provides increased mobility on the State
1207	Highway System.
1208	(c)  Would have adequate safeguards to ensure that no
1209	additional costs or service disruptions would be realized by the
1210	traveling public and citizens of the state in the event of
1211	default or the cancellation of the agreement by the authority.
1212	(2)  The authority shall ensure that all reasonable costs
1213	to the state related to transportation facilities that are not
1214	part of the State Highway System are borne by the private
1215	entity. The authority also shall ensure that all reasonable
1216	costs to the state and substantially affected local governments
1217	and utilities related to the private transportation facility are
1218	borne by the private entity for transportation facilities that
1219	are owned by private entities. For projects on the State Highway
1220	System, the department may use state resources to participate in
1221	funding and financing the project as provided for under the
1222	department's enabling legislation.
1223	(3)  The authority may request proposals for public-private
1224	transportation projects or, if it receives an unsolicited
1225	proposal, it must publish a notice in the Florida Administrative
1226	Weekly and a newspaper of general circulation in the county in
1227	which it is located at least once a week for 2 weeks stating
1228	that it has received the proposal and will accept, for 60 days
1229	after the initial date of publication, other proposals for the
1230	same project purpose. A copy of the notice must be mailed to
1231	each local government in the affected areas. After the public
1232	notification period has expired, the authority shall rank the
1233	proposals in order of preference. In ranking the proposals, the
1234	authority shall consider professional qualifications, general
1235	business terms, innovative engineering or cost-reduction terms,
1236	finance plans, and the need for state funds to deliver the
1237	proposal. If the authority is not satisfied with the results of
1238	the negotiations, it may at its sole discretion terminate
1239	negotiations with the proposer. If these negotiations are
1240	unsuccessful, the authority may go to the second and lower-
1241	ranked firms, in order, using the same procedure. If only one
1242	proposal is received, the authority may negotiate in good faith
1243	and, if it is not satisfied with the results, it may at its sole
1244	discretion terminate negotiations with the proposer.
1245	Notwithstanding this subsection, the authority may at its
1246	discretion reject all proposals at any point in the process up
1247	to completion of a contract with the proposer.
1248	(4)  Agreements entered into pursuant to this section may
1249	authorize the public-private entity to impose tolls or fares for
1250	the use of the facility. However, the amount and use of toll or
1251	fare revenues shall be regulated by the authority to avoid
1252	unreasonable costs to users of the facility.
1253	(5)  Each public-private transportation facility
1254	constructed pursuant to this section shall comply with all
1255	requirements of federal, state, and local laws; state, regional,
1256	and local comprehensive plans; the authority's rules, policies,
1257	procedures, and standards for transportation facilities; and any
1258	other conditions that the authority determines to be in the
1259	public's best interest.
1260	(6)  The authority may exercise any of its powers,
1261	including eminent domain, to facilitate the development and
1262	construction of transportation projects pursuant to this
1263	section. The authority may pay all or part of the cost of
1264	operating and maintaining the facility or may provide services
1265	to the private entity for which it receives full or partial
1266	reimbursement for services rendered.
1267	(7)  Except as herein provided, this section is not
1268	intended to amend existing law by granting additional powers to
1269	or imposing further restrictions on the governmental entities
1270	with regard to regulating and entering into cooperative
1271	arrangements with the private sector for the planning,
1272	construction, and operation of transportation facilities.
1273	(8)  The authority is authorized to adopt rules to
1274	implement this section and shall, by rule, establish an
1275	application fee for the submission of unsolicited proposals
1276	under this section. The fee must be sufficient to pay the costs
1277	of evaluating the proposals.
1278	343.88  Covenant of the state.--The state does hereby
1279	pledge to, and agrees with, any person, firm or corporation, or
1280	federal or state agency subscribing to or acquiring the bonds to
1281	be issued by the authority for the purposes of this part that
1282	the state will not limit or alter the rights hereby vested in
1283	the authority and the department until all bonds at any time
1284	issued, together with the interest thereon, are fully paid and
1285	discharged insofar as the same affects the rights of the holders
1286	of bonds issued hereunder. The state does further pledge to, and
1287	agree with, the United States that, in the event any federal
1288	agency constructs or contributes any funds for the completion,
1289	extension, or improvement of the system or any part or portion
1290	thereof, the state will not alter or limit the rights and powers
1291	of the authority and the department in any manner which would be
1292	inconsistent with the continued maintenance and operation of the
1293	system or the completion, extension, or improvement thereof or
1294	which would be inconsistent with the due performance of any
1295	agreements between the authority and any such federal agency,
1296	and the authority and the department shall continue to have and
1297	may exercise all powers herein granted so long as the same shall
1298	be necessary or desirable for the carrying out of the purposes
1299	of this part and the purposes of the United States in the
1300	completion, extension, or improvement of the system or any part
1301	or portion thereof.
1302	343.881  Exemption from taxation.--The effectuation of the
1303	authorized purposes of the authority created under this part is,
1304	shall, and will be in all respects for the benefit of the people
1305	of the state, for the increase of their commerce and prosperity,
1306	and for the improvement of their health and living conditions
1307	and, since such authority will be performing essential
1308	governmental functions in effectuating such purposes, such
1309	authority shall not be required to pay any taxes or assessments
1310	of any kind or nature whatsoever upon any property acquired or
1311	used by it for such purposes, or upon any rates, fees, rentals,
1312	receipts, income, or charges at any time received by it, and the
1313	bonds issued by the authority, their transfer, and the income
1314	therefrom, including any profits made on the sale thereof, shall
1315	at all times be free from taxation of any kind by the state or
1316	by any political subdivision, taxing agency, or instrumentality
1317	thereof. The exemption granted by this section shall not be
1318	applicable to any tax imposed by chapter 220 on interest,
1319	income, or profits on debt obligations owned by corporations.
1320	343.884  Eligibility for investments and security.--Any
1321	bonds or other obligations issued pursuant to this part shall be
1322	and constitute legal investments for banks, savings banks,
1323	trustees, executors, administrators, and all other fiduciaries
1324	and for all state, municipal, and other public funds and shall
1325	also be and constitute securities eligible for deposit as
1326	security for all state, municipal, or other public funds,
1327	notwithstanding the provisions of any other law or laws to the
1328	contrary.
1329	343.885  Pledges enforceable by bondholders.--It is the
1330	express intention of this part that any pledge to the authority
1331	by the department of rates, fees, revenues, or other funds as
1332	rentals, or any covenants or agreements relative thereto, may be
1333	enforceable in any court of competent jurisdiction against the
1334	authority or directly against the department by any holder of
1335	bonds issued by the authority.
1336	343.89  This part complete and additional authority.--
1337	(1)  The powers conferred by this part shall be in addition
1338	and supplemental to the existing powers of said board and the
1339	department, and this part shall not be construed as repealing
1340	any of the provisions of any other law, general, special, or
1341	local, but to supersede such other laws in the exercise of the
1342	powers provided in this part and to provide a complete method
1343	for the exercise of the powers granted in this part. The
1344	extension and improvement of the system, and the issuance of
1345	bonds hereunder to finance all or part of the cost thereof, may
1346	be accomplished upon compliance with the provisions of this part
1347	without regard to or necessity for compliance with the
1348	provisions, limitations, or restrictions contained in any other
1349	general, special, or local law, including, but not limited to,
1350	s. 215.821, and no approval of any bonds issued under this part
1351	by the qualified electors or qualified electors who are
1352	freeholders in the state or in any other political subdivision
1353	of the state shall be required for the issuance of such bonds
1354	pursuant to this part.
1355	(2)  This part shall not be deemed to repeal, rescind, or
1356	modify any other law relating to the State Board of
1357	Administration, the Department of Transportation, or the
1358	Division of Bond Finance of the State Board of Administration
1359	but shall be deemed to and shall supersede such other laws as
1360	are inconsistent with the provisions of this part, including,
1361	but not limited to, s. 215.821.
1362	Section 14.  Paragraph (d) of subsection (2) of section
1363	348.0003, Florida Statutes, is amended to read:
1364	348.0003  Expressway authority; formation; membership.--
1365	(2)  The governing body of an authority shall consist of
1366	not fewer than five nor more than nine voting members. The
1367	district secretary of the affected department district shall
1368	serve as a nonvoting member of the governing body of each
1369	authority located within the district. Each member of the
1370	governing body must at all times during his or her term of
1371	office be a permanent resident of the county which he or she is
1372	appointed to represent.
1373	(d)  Notwithstanding any provision to the contrary in this
1374	subsection, in any county as defined in s. 125.011(1), the
1375	governing body of an authority shall consist of up to 7 13
1376	members, and the following provisions of this paragraph shall
1377	apply specifically to such authority. Except for the district
1378	secretary of the department, the members must be residents of
1379	the county. Four Seven voting members shall be county
1380	commissioners appointed by the chair of the governing body of
1381	the county. One voting member shall be a mayor of a municipality
1382	within the county and shall be appointed by the Miami-Dade
1383	County League of Cities. At the discretion of the governing body
1384	of the county, up to two of the members appointed by the
1385	governing body of the county may be elected officials residing
1386	in the county. Five voting members of the authority shall be
1387	appointed by the Governor. One member shall be the district
1388	secretary of the department serving in the district that
1389	contains such county and shall be an ex officio, voting member
1390	of the authority. One member shall be the chair of the Miami-
1391	Dade legislative delegation, or another member of the delegation
1392	appointed by the chair, and shall be an ex officio, nonvoting
1393	member of the authority. This member shall be an ex officio
1394	voting member of the authority. If the governing board of an
1395	authority includes any member originally appointed by the
1396	governing body of the county as a nonvoting member, when the
1397	term of such member expires, that member shall be replaced by a
1398	member appointed by the Governor until the governing body of the
1399	authority is composed of seven members appointed by the
1400	governing body of the county and five members appointed by the
1401	Governor. The qualifications, terms of office, and obligations
1402	and rights of members of the authority shall be determined by
1403	resolution or ordinance of the governing body of the county in a
1404	manner that is consistent with subsections (3) and (4).
1405	Section 15.  Paragraph (f) of subsection (2) of section
1406	348.0004, Florida Statutes, is amended to read:
1407	348.0004  Purposes and powers.--
1408	(2)  Each authority may exercise all powers necessary,
1409	appurtenant, convenient, or incidental to the carrying out of
1410	its purposes, including, but not limited to, the following
1411	rights and powers:
1412	(f)1.  To fix, alter, charge, establish, and collect tolls,
1413	rates, fees, rentals, and other charges for the services and
1414	facilities system, which tolls, rates, fees, rentals, and other
1415	charges must always be sufficient to comply with any covenants
1416	made with the holders of any bonds issued pursuant to the
1417	Florida Expressway Authority Act. However, such right and power
1418	may be assigned or delegated by the authority to the department.
1419	Notwithstanding s. 338.165 or any other provision of law to the
1420	contrary, in any county as defined in s. 125.011(1), to the
1421	extent surplus revenues exist, they may be used for purposes
1422	enumerated in subsection (7), provided the expenditures are
1423	consistent with the metropolitan planning organization's adopted
1424	long-range plan. Notwithstanding any other provision of law to
1425	the contrary, but subject to any contractual requirements
1426	contained in documents securing any outstanding indebtedness
1427	payable from tolls, in any county as defined in s. 125.011(1),
1428	the board of county commissioners may, by ordinance adopted on
1429	or before September 30, 1999, alter or abolish existing tolls
1430	and currently approved increases thereto if the board provides a
1431	local source of funding to the county expressway system for
1432	transportation in an amount sufficient to replace revenues
1433	necessary to meet bond obligations secured by such tolls and
1434	increases.
1435	2.  Prior to raising tolls or establishing any new point of
1436	toll collection by either cash payment or electronic toll
1437	collection, an expressway authority in any county as defined in
1438	s. 125.011(1) shall provide, where applicable, the county
1439	commission, city commission, and metropolitan planning
1440	organization in the affected area with written justification for
1441	the proposed toll increase or new toll collection point. The
1442	local governmental entities and the metropolitan planning
1443	organization shall agenda the justification issue at its next
1444	available public meeting and shall have 30 days after the date
1445	of that meeting to request a public hearing on the proposed toll
1446	increase or new toll collection point. Copies of the written
1447	justification must also be provided to each member of the
1448	Legislature who represents a district affected by the proposed
1449	toll increase or new collection point, and the copies must be
1450	provided at the same time as the information is submitted to the
1451	local governmental entity. Within 60 days after receiving a
1452	public hearing request from a local government or metropolitan
1453	planning organization, the expressway authority shall hold at
1454	least two public hearings in the area to be affected by its
1455	proposal. The public hearings shall be advertised in a newspaper
1456	of general circulation, as defined in s. 97.021(16), in the
1457	affected county. Notice of the public hearing must be provided
1458	to each member of the Legislature who represents a district
1459	affected by the proposed toll increase or new collection point.
1460	During the public hearings, the expressway authority shall, at a
1461	minimum, present an in-depth cost-benefit analysis of the
1462	proposed toll increase, present an in-depth description of the
1463	transportation projects to be funded, and document all
1464	questions, suggestions, or other comments offered by the public.
1465	No toll increase shall become effective and no new point of toll
1466	collections shall become operational until 90 days after the
1467	last public hearing as required by this paragraph is held.
1468	Section 16.  Part X of chapter 348, Florida Statutes,
1469	consisting of sections 348.9801, 348.9802, 348.9803, 348.9804,
1470	348.9805, 348.9806, 348.9807, 348.9808, 348.9809, 348.9811,
1471	348.9812, 348.9813, 348.9814, 348.9815, 348.9816, and 348.9817,
1472	is created to read:
1473	PART X
1474	OSCEOLA COUNTY EXPRESSWAY AUTHORITY
1475	348.9801  Popular name.--This part shall be cited as the
1476	"Osceola County Expressway Authority Law."
1477	348.9802  Definitions.--The following terms, whenever used
1478	or referred to in this part, shall have the following meanings,
1479	except in those instances where the context clearly indicates
1480	otherwise:
1481	(1)  "Agency of the state" means and includes the state and
1482	any department of, or corporation, agency, or instrumentality
1483	heretofore or hereafter created, designated, or established by,
1484	the state.
1485	(2)  "Authority" means the body politic and corporate and
1486	agency of the state created by this part.
1487	(3)  "Bonds" means and includes the notes, bonds, refunding
1488	bonds, or other evidences of indebtedness or obligations, in
1489	either temporary or definitive form, which the authority is
1490	authorized to issue pursuant to this part.
1491	(4)  "County" means Osceola County.
1492	(5)  "Department" means the Department of Transportation.
1493	(6)  "Federal agency" means and includes the United States,
1494	the President of the United States, and any department of or
1495	corporation, agency, or instrumentality heretofore or hereafter
1496	created, designated, or established by the United States.
1497	(7)  "Lease-purchase agreement" means the lease-purchase
1498	agreements which the authority is authorized pursuant to this
1499	part to enter into with the department.
1500	(8)  "Limited access expressway" or "expressway" means a
1501	street or highway especially designed for through traffic and
1502	over, from, or to which no person shall have the right of
1503	easement, use, or access except in accordance with the rules and
1504	regulations promulgated and established by the authority for the
1505	use of such facility. Such highways or streets may be parkways
1506	from which trucks, buses, and other commercial vehicles shall be
1507	excluded, or they may be freeways open to use by all customary
1508	forms of street and highway traffic.
1509	(9)  "Members" means the governing body of the authority,
1510	and the term "member" means one of the individuals constituting
1511	such governing body.
1512	(10)  "Osceola County gasoline tax funds" means all the 80-
1513	percent surplus gasoline tax funds accruing in each year to the
1514	department for use in Osceola County under the provisions of s.
1515	9, Art. XII of the State Constitution after deduction only of
1516	any amounts of said gasoline tax funds heretofore pledged by the
1517	department or the county for outstanding obligations.
1518	(11)  "Osceola County Expressway System" means any and all
1519	expressways and appurtenant facilities thereto, including, but
1520	not limited to, all approaches, roads, bridges, and avenues of
1521	access for said expressway or expressways.
1522	(12)  "State Board of Administration" means the body
1523	corporate existing under the provisions of s. 9, Art. XII of the
1524	State Constitution, or any successor thereto.
1525
1526	Terms importing singular number include the plural number in
1527	each case and vice versa, and terms importing persons include
1528	firms and corporations.
1529	348.9803  Osceola County Expressway Authority.--
1530	(1)  There is hereby created and established a body politic
1531	and corporate, an agency of the state, to be known as the
1532	Osceola County Expressway Authority, hereinafter referred to as
1533	"authority."
1534	(2)  The governing body of the authority shall consist of
1535	five members. Three members shall be citizens of Osceola County,
1536	who shall be appointed by the governing body of the county. The
1537	fourth member shall be appointed by the Governor, and the fifth
1538	member shall be, ex officio, the district secretary of the
1539	Department of Transportation serving in the district that
1540	contains Osceola County. The term of each appointed member shall
1541	be for 4 years. However, the members appointed by the Governor
1542	for the first time shall serve a term of 2 years. Each appointed
1543	member shall hold office until his or her successor has been
1544	appointed and has qualified. A vacancy occurring during a term
1545	shall be filled only for the balance of the unexpired term. Each
1546	appointed member of the authority shall be a person of
1547	outstanding reputation for integrity, responsibility, and
1548	business ability, but no person who is an officer or employee of
1549	any city or of Osceola County in any other capacity shall be an
1550	appointed member of the authority. Any member of the authority
1551	shall be eligible for reappointment.
1552	(3)(a)  The authority shall elect one of its members as
1553	chair of the authority. The authority shall also elect a
1554	secretary and a treasurer who may or may not be members of the
1555	authority. The chair, secretary, and treasurer shall hold such
1556	offices at the will of the authority. Three members of the
1557	authority shall constitute a quorum, and the vote of three
1558	members shall be necessary for any action taken by the
1559	authority. No vacancy in the authority shall impair the right of
1560	a quorum of the authority to exercise all of the rights and
1561	perform all of the duties of the authority.
1562	(b)  Upon the effective date of his or her appointment or
1563	as soon thereafter as practicable, each appointed member of the
1564	authority shall enter upon his or her duties.
1565	(4)(a)  The authority may employ an executive secretary, an
1566	executive director, its own counsel and legal staff, technical
1567	experts, such engineers, and such employees, permanent or
1568	temporary, as it may require; may determine the qualifications
1569	and fix the compensation of such persons, firms, or
1570	corporations; and may employ a fiscal agent or agents. However,
1571	the authority shall solicit sealed proposals from at least three
1572	persons, firms, or corporations for the performance of any
1573	services as fiscal agents. The authority may delegate to one or
1574	more of its agents or employees such of its power as it shall
1575	deem necessary to carry out the purposes of this part, subject
1576	always to the supervision and control of the authority.
1577	(b)  Members of the authority may be removed from office by
1578	the Governor for misconduct, malfeasance, misfeasance, or
1579	nonfeasance in office. Members of the authority shall be
1580	entitled to receive from the authority their travel and other
1581	necessary expenses incurred in connection with the business of
1582	the authority as provided in s. 112.061, but they shall draw no
1583	salaries or other compensation.
1584	348.9804  Purposes and powers.--
1585	(1)(a)  The authority created and established by the
1586	provisions of this part is hereby granted and shall have the
1587	right to acquire, hold, construct, improve, maintain, operate,
1588	own, and lease in the capacity of lessor the Osceola County
1589	Expressway System, hereinafter referred to as "system."
1590	(b)  It is the express intention of this part that said
1591	authority, in the construction of said Osceola County Expressway
1592	System, shall be authorized to construct any extensions,
1593	additions, or improvements to said system or appurtenant
1594	facilities, including all necessary approaches, roads, bridges,
1595	and avenues of access with such changes, modifications, or
1596	revisions of said project as shall be deemed desirable and
1597	proper.
1598	(2)  The authority is hereby granted and shall have and may
1599	exercise all powers necessary, appurtenant, convenient, or
1600	incidental to the carrying out of its purposes, including, but
1601	not limited to, the following rights and powers:
1602	(a)  To sue and be sued, implead and be impleaded, and
1603	complain and defend in all courts.
1604	(b)  To adopt, use, and alter at will a corporate seal.
1605	(c)  To acquire by donation or otherwise, purchase, hold,
1606	lease as lessee, and use any franchise, property, real,
1607	personal, or mixed, tangible or intangible, or any options
1608	thereof, in its own name or in conjunction with others, or
1609	interest therein, necessary or desirable for carrying out the
1610	purposes of the authority, and to sell, lease as lessor,
1611	transfer, and dispose of any property or interest therein at any
1612	time acquired by it.
1613	(d)  To enter into and make leases for terms not exceeding
1614	40 years as either lessee or lessor in order to carry out the
1615	right to lease as set forth in this part.
1616	(e)  To enter into and make lease-purchase agreements with
1617	the department for terms not exceeding 40 years, or until any
1618	bonds secured by a pledge of rentals thereunder and any
1619	refundings thereof are fully paid as to both principal and
1620	interest, whichever is longer.
1621	(f)  To fix, alter, charge, establish, and collect rates,
1622	fees, rentals, and other charges for the services and facilities
1623	of the Osceola County Expressway System, which rates, fees,
1624	rentals, and other charges shall always be sufficient to comply
1625	with any covenants made with the holders of any bonds issued
1626	pursuant to this part; however, such right and power may be
1627	assigned or delegated by the authority to the department.
1628	(g)  To borrow money and make and issue negotiable notes,
1629	bonds, refunding bonds, and other evidences of indebtedness or
1630	obligations, either in temporary or definitive form, hereinafter
1631	in this part sometimes called "bonds" of the authority, for the
1632	purpose of financing all or part of the improvement or extension
1633	of the Osceola County Expressway System and appurtenant
1634	facilities, including all approaches, streets, roads, bridges,
1635	and avenues of access for said Osceola County Expressway System
1636	and for any other purpose authorized by this part, said bonds to
1637	mature in not exceeding 40 years from the date of the issuance
1638	thereof, and to secure the payment of such bonds or any part
1639	thereof by a pledge of any or all of its revenues, rates, fees,
1640	rentals, or other charges, including all or any portion of the
1641	Osceola County gasoline tax funds received by the authority
1642	pursuant to the terms of any lease-purchase agreement between
1643	the authority and the department; and, in general, to provide
1644	for the security of said bonds and the rights and remedies of
1645	the holders thereof. However, no portion of the Osceola County
1646	gasoline tax funds shall be pledged for the construction of any
1647	project for which a toll is to be charged unless the anticipated
1648	tolls are reasonably estimated by the board of county
1649	commissioners, at the date of its resolution pledging said
1650	funds, to be sufficient to cover the principal and interest of
1651	such obligations during the period when said pledge of funds
1652	shall be in effect.
1653	1.  The authority shall reimburse Osceola County for any
1654	sums expended from said gasoline tax funds used for the payment
1655	of such obligations. Any gasoline tax funds so disbursed shall
1656	be repaid when the authority deems it practicable, together with
1657	interest at the highest rate applicable to any obligations of
1658	the authority.
1659	2.  In the event the authority shall determine to fund or
1660	refund any bonds theretofore issued by said authority or by said
1661	commission as aforesaid prior to the maturity thereof, the
1662	proceeds of such funding or refunding bonds shall, pending the
1663	prior redemption of the bonds to be funded or refunded, be
1664	invested in direct obligations of the United States. It is the
1665	express intention of this part that such outstanding bonds may
1666	be funded or refunded by the issuance of bonds pursuant to this
1667	part.
1668	(h)  To make contracts of every name and nature, including,
1669	but not limited to, partnerships providing for participation in
1670	ownership and revenues, and to execute all instruments necessary
1671	or convenient for the carrying on of its business.
1672	(i)  Without limitation of the foregoing, to borrow money
1673	and accept grants from and to enter into contracts, leases, or
1674	other transactions with any federal agency, the state, any
1675	agency of the state, Osceola County, or with any other public
1676	body of the state.
1677	(j)  To have the power of eminent domain, including the
1678	procedural powers granted under chapters 73 and 74.
1679	(k)  To pledge, hypothecate, or otherwise encumber all or
1680	any part of the revenues, rates, fees, rentals, or other charges
1681	or receipts of the authority, including all or any portion of
1682	the Osceola County gasoline tax funds received by the authority
1683	pursuant to the terms of any lease-purchase agreement between
1684	the authority and the department, as security for all or any of
1685	the obligations of the authority.
1686	(l)  To enter into partnership and other agreements
1687	respecting ownership and revenue participation in order to
1688	facilitate financing and constructing any project or portions
1689	thereof.
1690	(m)  To participate in developer agreements or to receive
1691	developer contributions.
1692	(n)  To contract with Osceola County for the operation of a
1693	toll facility within the county.
1694	(o)  To do all acts and things necessary or convenient for
1695	the conduct of its business and the general welfare of the
1696	authority in order to carry out the powers granted to it by this
1697	part or any other law.
1698	(p)  With the consent of the county within whose
1699	jurisdiction the following activities occur, to construct,
1700	operate, and maintain roads, bridges, avenues of access,
1701	thoroughfares, and boulevards outside the jurisdictional
1702	boundaries of Osceola County and to construct, repair, replace,
1703	operate, install, and maintain electronic toll payment systems
1704	thereon with all necessary and incidental powers to accomplish
1705	the foregoing.
1706	(3)  The authority shall have no power at any time or in
1707	any manner to pledge the credit or taxing power of the state or
1708	any political subdivision or agency thereof, including Osceola
1709	County, nor shall any of the authority's obligations be deemed
1710	to be obligations of the state or of any political subdivision
1711	or agency thereof, nor shall the state or any political
1712	subdivision or agency thereof, except the authority, be liable
1713	for the payment of the principal of or interest on such
1714	obligations.
1715	(4)  Anything in this part to the contrary notwithstanding,
1716	acquisition of right-of-way for a project of the authority which
1717	is within the boundaries of any municipality in Osceola County
1718	shall not be started unless and until the route of said project
1719	within said municipality has been given prior approval by the
1720	governing body of said municipality.
1721	(5)  The authority shall have no power other than by
1722	consent of Osceola County or any affected city to enter into any
1723	agreement which would legally prohibit the construction of any
1724	road by Osceola County or by any municipality within Osceola
1725	County.
1726	348.9805  Improvements, bond financing authority
1727	for.--Pursuant to s. 11(f), Art. VII of the State Constitution,
1728	the Legislature hereby approves for bond financing by the
1729	Osceola County Expressway Authority improvements to toll
1730	collection facilities, interchanges to the legislatively
1731	approved expressway system, and any other facility appurtenant,
1732	necessary, or incidental to the approved system. Subject to
1733	terms and conditions of applicable revenue bond resolutions and
1734	covenants, such costs may be financed in whole or in part by
1735	revenue bonds issued pursuant to s. 348.9806(1)(a) or (b)
1736	whether currently issued or issued in the future, or by a
1737	combination of such bonds.
1738	348.9806  Bonds of the authority.--
1739	(1)(a)  Bonds may be issued on behalf of the authority
1740	pursuant to the State Bond Act.
1741	(b)  Alternatively, the authority may issue its own bonds
1742	pursuant to this part at such times and in such principal amount
1743	as, in the opinion of the authority, is necessary to provide
1744	sufficient moneys for achieving its purposes; however, such
1745	bonds may not pledge the full faith and credit of the state.
1746	Bonds issued by the authority pursuant to this paragraph or
1747	paragraph (a), whether on original issuance or on refunding,
1748	shall be authorized by resolution of the members thereof and may
1749	be either term or serial bonds, shall bear such date or dates,
1750	mature at such time or times, not exceeding 40 years from their
1751	respective dates, bear interest at such rate or rates, payable
1752	semiannually, be in such denominations, be in such form, either
1753	coupon or fully registered, shall carry such registration,
1754	exchangeability, and interchangeability privileges, be payable
1755	in such medium of payment and at such place or places, be
1756	subject to such terms of redemption, and be entitled to such
1757	priorities on the revenues, rates, fees, rentals, or other
1758	charges or receipts of the authority, including the Osceola
1759	County gasoline tax funds received by the authority pursuant to
1760	the terms of any lease-purchase agreement between the authority
1761	and the department, as such resolution or any resolution
1762	subsequent thereto may provide. The bonds shall be executed
1763	either by manual or facsimile signature by such officers as the
1764	authority shall determine, provided that such bonds shall bear
1765	at least one signature which is manually executed thereon, and
1766	the coupons attached to such bonds shall bear the facsimile
1767	signature or signatures of such officer or officers as shall be
1768	designated by the authority and shall have the seal of the
1769	authority affixed, imprinted, reproduced, or lithographed
1770	thereon, all as may be prescribed in such resolution or
1771	resolutions.
1772	(c)  Bonds issued pursuant to paragraph (a) or paragraph
1773	(b) shall be sold at public sale in the same manner provided by
1774	the State Bond Act. However, if the authority, by official
1775	action at a public meeting, determines that a negotiated sale of
1776	such bonds is in the best interest of the authority, the
1777	authority may negotiate the sale of such bonds with the
1778	underwriter designated by the authority and the Division of Bond
1779	Finance of the State Board of Administration with respect to
1780	bonds issued pursuant to paragraph (a) or solely the authority
1781	with respect to bonds issued pursuant to paragraph (b). The
1782	authority's determination to negotiate the sale of such bonds
1783	may be based, in part, upon the written advice of the
1784	authority's financial adviser. Pending the preparation of
1785	definitive bonds, interim certificates may be issued to the
1786	purchaser or purchasers of such bonds and may contain such terms
1787	and conditions as the authority may determine.
1788	(d)  The authority may issue bonds pursuant to paragraph
1789	(b) to refund any bonds previously issued regardless of whether
1790	the bonds being refunded were issued by the authority pursuant
1791	to this chapter or on behalf of the authority pursuant to the
1792	State Bond Act.
1793	(2)  Any such resolution or resolutions authorizing any
1794	bonds hereunder may contain provisions which shall be part of
1795	the contract with the holders of such bonds, as to:
1796	(a)  The pledging of all or any part of the revenues,
1797	rates, fees, rentals (including all or any portion of the
1798	Osceola County gasoline tax funds received by the authority
1799	pursuant to the terms of any lease-purchase agreement between
1800	the authority and the department, or any part thereof), or other
1801	charges or receipts of the authority, derived by the authority,
1802	from the Osceola County Expressway System.
1803	(b)  The completion, improvement, operation, extension,
1804	maintenance, repair, lease, or lease-purchase agreement of said
1805	system and the duties of the authority and others, including the
1806	department, with reference thereto.
1807	(c)  Limitations on the purposes to which the proceeds of
1808	the bonds, then or thereafter to be issued, or of any loan or
1809	grant by the United States or the state may be applied.
1810	(d)  The fixing, charging, establishing, and collecting of
1811	rates, fees, rentals, or other charges for use of the services
1812	and facilities of the Osceola County Expressway System or any
1813	part thereof.
1814	(e)  The setting aside of reserves or sinking funds or
1815	repair and replacement funds and the regulation and disposition
1816	thereof.
1817	(f)  Limitations on the issuance of additional bonds.
1818	(g)  The terms and provisions of any lease-purchase
1819	agreement, deed of trust, or indenture securing the bonds or
1820	under which the same may be issued.
1821	(h)  Any other or additional agreements with the holders of
1822	the bonds which the authority may deem desirable and proper.
1823	(3)  The authority may employ fiscal agents as provided by
1824	this part or the State Board of Administration may, upon request
1825	of the authority, act as fiscal agent for the authority in the
1826	issuance of any bonds which may be issued pursuant to this part.
1827	The State Board of Administration may, upon request of the
1828	authority, take over the management, control, administration,
1829	custody, and payment of any or all debt services, funds, or
1830	assets now or hereafter available for any bonds issued pursuant
1831	to this part. The authority may enter into any deeds of trust,
1832	indentures, or other agreements with its fiscal agent or with
1833	any bank or trust company within or without the state as
1834	security for such bonds and may, under such agreements, sign and
1835	pledge all or any of the revenues, rates, fees, rentals, or
1836	other charges or receipts of the authority, including all or any
1837	portion of the Osceola County gasoline tax funds received by the
1838	authority pursuant to the terms of any lease-purchase agreement
1839	between the authority and the department, thereunder. Such deed
1840	of trust, indenture, or other agreement may contain such
1841	provisions as are customary in such instruments or, as the
1842	authority may authorize, including but without limitation,
1843	provisions as to:
1844	(a)  The completion, improvement, operation, extension,
1845	maintenance, repair, and lease of or lease-purchase agreement
1846	relating to the Osceola County Expressway System and the duties
1847	of the authority and others including the department with
1848	reference thereto.
1849	(b)  The application of funds and the safeguarding of funds
1850	on hand or on deposit.
1851	(c)  The rights and remedies of the trustee and the holders
1852	of the bonds.
1853	(d)  The terms and provisions of the bonds or the
1854	resolutions authorizing the issuance of same.
1855	(4)  Any of the bonds issued pursuant to this part are, and
1856	are hereby declared to be, negotiable instruments and shall have
1857	all the qualities and incidents of negotiable instruments under
1858	the law merchant and the negotiable instruments law of the
1859	state.
1860	(5)  Notwithstanding any of the provisions of this part,
1861	each project, building, or facility which has been financed by
1862	the issuance of bonds or other evidence of indebtedness under
1863	this part and any refinancing thereof is hereby approved as
1864	provided for in s. 11(f), Art. VII of the State Constitution.
1865	348.9807  Remedies of the bondholders.--
1866	(1)  The rights and the remedies herein conferred upon or
1867	granted to the bondholders shall be in addition to and not in
1868	limitation of any rights and remedies lawfully granted to such
1869	bondholders by the resolution or resolutions providing for the
1870	issuance of bonds or by a lease-purchase agreement, deed of
1871	trust, indenture, or other agreement under which the bonds may
1872	be issued or secured. In the event that the authority defaults
1873	in the payment of the principal of or interest on any of the
1874	bonds issued pursuant to the provisions of this part after such
1875	principal of or interest on said bonds becomes due, whether at
1876	maturity or upon call for redemption, or in the event that the
1877	department defaults in any payments under or covenants made in
1878	any lease-purchase agreement between the authority and the
1879	department and such default continues for a period of 30 days,
1880	or in the event that the authority or the department fails or
1881	refuses to comply with the provisions of this part or any
1882	agreement made with or for the benefit of the holders of the
1883	bonds, the holders of 25 percent in aggregate principal amount
1884	of the bonds then outstanding shall be entitled as of right to
1885	the appointment of a trustee to represent such bondholders for
1886	the purposes hereof, provided that such holders of 25 percent in
1887	aggregate principal amount of the bonds then outstanding first
1888	give notice to the authority and to the department of their
1889	intention to appoint a trustee. Such notice shall be deemed to
1890	have been given if given in writing, deposited in a securely
1891	sealed postpaid wrapper, mailed at a regularly maintained United
1892	States post office box or station, and addressed, respectively,
1893	to the chair of the authority and to the Secretary of
1894	Transportation at the principal office of the department.
1895	(2)  Such trustee and any trustee under any deed of trust,
1896	indenture, or other agreement may and, upon written request of
1897	the holders of 25 percent or such other percentages as may be
1898	specified in any deed of trust, indenture, or other agreement
1899	aforesaid in principal amount of the bonds then outstanding,
1900	shall, in any court of competent jurisdiction in his, her, or
1901	its own name:
1902	(a)  By mandamus or other suit, action, or proceeding at
1903	law or in equity, enforce all rights of the bondholders,
1904	including the right to require the authority to fix, establish,
1905	maintain, collect, and charge rates, fees, rentals, and other
1906	charges adequate to carry out any agreement as to or pledge of
1907	the revenues or receipts of the authority to carry out any other
1908	covenants and agreements with or for the benefit of the
1909	bondholders, and to perform its and their duties under this
1910	part.
1911	(b)  By mandamus or other suit, action, or proceeding at
1912	law or in equity, enforce all rights of the bondholders under or
1913	pursuant to any lease-purchase agreement between the authority
1914	and the department, including the right to require the
1915	department to make all rental payments required to be made by it
1916	under the provisions of any such lease-purchase agreement,
1917	whether from the Osceola County gasoline tax funds or other
1918	funds of the department so agreed to be paid, and to require the
1919	department to carry out any other covenants and agreements with
1920	or for the benefit of the bondholders and to perform its and
1921	their duties under this part.
1922	(c)  Bring suit upon the bonds.
1923	(d)  By action or suit in equity, require the authority or
1924	the department to account as if it were the trustee of an
1925	express trust for the bondholders.
1926	(e)  By action or suit in equity, enjoin any acts or things
1927	which may be unlawful or in violation of the rights of the
1928	bondholders.
1929	(3)  Whether or not all bonds have been declared due and
1930	payable, any trustee, when appointed under this section or
1931	acting under a deed of trust, indenture, or other agreement,
1932	shall be entitled as of right to the appointment of a receiver
1933	who may enter upon and take possession of the Osceola County
1934	Expressway System or the facilities or any part or parts
1935	thereof, the rates, fees, rentals, or other revenues, charges,
1936	or receipts from which are or may be applicable to the payment
1937	of the bonds so in default, and, subject to and in compliance
1938	with the provisions of any lease-purchase agreement between the
1939	authority and the department, operate and maintain the same for
1940	and on behalf and in the name of the authority, the department,
1941	and the bondholders and collect and receive all rates, fees,
1942	rentals, and other charges or receipts or revenues arising
1943	therefrom in the same manner as the authority or the department
1944	might do, and shall deposit all such moneys in a separate
1945	account and apply the same in such manner as the court shall
1946	direct. In any suit, action, or proceeding by the trustee, the
1947	fees, counsel fees, and expenses of the trustee and said
1948	receiver, if any, and all costs and disbursements allowed by the
1949	court shall be a first charge on any rates, fees, rentals, or
1950	other charges, revenues, or receipts derived from the Osceola
1951	County Expressway System or the facilities or services or any
1952	part or parts thereof, including payments under any such lease-
1953	purchase agreement as aforesaid, which said rates, fees,
1954	rentals, or other charges, revenues, or receipts shall or may be
1955	applicable to the payment of the bonds so in default. Such
1956	trustee shall also have and possess all of the powers necessary
1957	or appropriate for the exercise of any functions specifically
1958	set forth in this part or incident to the representation of the
1959	bondholders in the enforcement and protection of their rights.
1960	(4)  Nothing in this section or any other section of this
1961	part shall authorize any receiver appointed pursuant to this
1962	part for the purpose, subject to and in compliance with the
1963	provisions of any lease-purchase agreement between the authority
1964	and the department, of operating and maintaining the Osceola
1965	County Expressway System or any facilities or part or parts
1966	thereof to sell, assign, mortgage, or otherwise dispose of any
1967	of the assets of whatever kind and character belonging to the
1968	authority. It is the intention of this part to limit the powers
1969	of such receiver, subject to and in compliance with the
1970	provisions of any lease-purchase agreement between the authority
1971	and the department, to the operation and maintenance of the
1972	Osceola County Expressway System or any facility or part or
1973	parts thereof, as the court may direct, in the name and for and
1974	on behalf of the authority, the department, and the bondholders.
1975	No holder of bonds on the authority nor any trustee shall ever
1976	have the right in any suit, action, or proceeding at law or in
1977	equity to compel a receiver, nor shall any receiver be
1978	authorized or any court be empowered to direct the receiver, to
1979	sell, assign, mortgage, or otherwise dispose of any assets of
1980	whatever kind or character belonging to the authority.
1981	348.9808  Lease-purchase agreement.--
1982	(1)  In order to effectuate the purposes of this part and
1983	as authorized by this part, the authority may enter into a
1984	lease-purchase agreement with the department relating to and
1985	covering the Osceola County Expressway System.
1986	(2)  Such lease-purchase agreement shall provide for the
1987	leasing of the Osceola County Expressway System by the authority
1988	as lessor to the department as lessee, shall prescribe the term
1989	of such lease and the rentals to be paid thereunder, and shall
1990	provide that, upon the completion of the faithful performance
1991	thereunder and the termination of such lease-purchase agreement,
1992	title in fee simple absolute to the Osceola County Expressway
1993	System as then constituted shall be transferred in accordance
1994	with law by the authority to the state and the authority shall
1995	deliver to the department such deeds and conveyances as shall be
1996	necessary or convenient to vest title in fee simple absolute in
1997	the state.
1998	(3)  Such lease-purchase agreement may include such other
1999	provisions, agreements, and covenants as the authority and the
2000	department deem advisable or required, including, but not
2001	limited to, provisions as to the bonds to be issued under and
2002	for the purposes of this part; the completion, extension,
2003	improvement, operation, and maintenance of the Osceola County
2004	Expressway System; the expenses and the cost of operation of
2005	said authority; the charging and collection of tolls, rates,
2006	fees, and other charges for the use of the services and
2007	facilities thereof; the application of federal or state grants
2008	or aid which may be made or given to assist the authority in the
2009	completion, extension, improvement, operation, and maintenance
2010	of the Orlando Expressway System, which the authority is hereby
2011	authorized to accept and apply to such purposes; the enforcement
2012	of payment and collection of rentals; and any other terms,
2013	provisions, or covenants necessary, incidental, or appurtenant
2014	to the making of and full performance under such lease-purchase
2015	agreement.
2016	(4)  The department as lessee under such lease-purchase
2017	agreement is hereby authorized to pay as rentals thereunder any
2018	rates, fees, charges, funds, moneys, receipts, or income
2019	accruing to the department from the operation of the Osceola
2020	County Expressway System and the Osceola County gasoline tax
2021	funds and may also pay as rentals any appropriations received by
2022	the department pursuant to any act of the Legislature heretofore
2023	or hereafter enacted. However, nothing herein or in such lease-
2024	purchase agreement is intended to require, nor shall this part
2025	or such lease-purchase agreement require, the making or
2026	continuance of such appropriations, nor shall any holder of
2027	bonds issued pursuant to this part ever have any right to compel
2028	the making or continuance of such appropriations.
2029	(5)  No pledge of said Osceola County gasoline tax funds as
2030	rentals under such lease-purchase agreement shall be made
2031	without the consent of Osceola County evidenced by a resolution
2032	duly adopted by the board of county commissioners of said county
2033	at a public hearing held pursuant to due notice thereof
2034	published at least once a week for 3 consecutive weeks before
2035	the hearing in a newspaper of general circulation in Osceola
2036	County. In addition to other provisions, the resolution shall
2037	provide that any excess of said pledged gasoline tax funds which
2038	is not required for debt service or reserves for such debt
2039	service for any bonds issued by said authority shall be returned
2040	annually to the department for distribution to Osceola County as
2041	provided by law. Before making any application for such pledge
2042	of gasoline tax funds, the authority shall present the plan of
2043	its proposed project to the Osceola County Planning and Zoning
2044	Commission for its comments and recommendations.
2045	(6)  The department shall have power to covenant in any
2046	lease-purchase agreement that it will pay all or any part of the
2047	cost of the operation, maintenance, repair, renewal, and
2048	replacement of the system and any part of the cost of completing
2049	the system to the extent that the proceeds of bonds issued
2050	therefor are insufficient from sources other than the revenues
2051	derived from the operation of the system and Osceola County
2052	gasoline tax funds. The department may also agree to make such
2053	other payments from any moneys available to the commission or
2054	the county in connection with the construction or completion of
2055	the system as shall be deemed by the department to be fair and
2056	proper under any such covenants heretofore or hereafter entered
2057	into.
2058	(7)  The system shall be a part of the state road system
2059	and the department is hereby authorized, upon the request of the
2060	authority, to expend out of any funds available for the purpose
2061	such moneys and to use such of its engineering and other forces
2062	as may be necessary and desirable in the judgment of the
2063	department for the operation of the authority and for traffic
2064	surveys, borings, surveys, preparation of plans and
2065	specifications, estimates of cost, and other preliminary
2066	engineering and other studies; however, the aggregate amount of
2067	moneys expended for said purposes by the department shall not
2068	exceed the sum of $375,000.
2069	348.9809  Department may be appointed agent of authority
2070	for construction.--The authority may appoint the department as
2071	its agent for the purpose of constructing improvements and
2072	extensions to the Osceola County Expressway System and for the
2073	completion thereof. In such event, the authority shall provide
2074	the department with complete copies of all documents,
2075	agreements, resolutions, contracts, and instruments relating
2076	thereto and shall request the department to do such construction
2077	work, including the planning, surveying, and actual construction
2078	of the completion, extensions, and improvements to the Osceola
2079	County Expressway System, and shall transfer to the credit of an
2080	account of the department in the treasury of the state the
2081	necessary funds therefor, and the department shall thereupon be
2082	authorized, empowered, and directed to proceed with such
2083	construction and to use the funds for such purpose in the same
2084	manner that it is now authorized to use the funds otherwise
2085	provided by law for its use in construction of roads and
2086	bridges.
2087	348.9811  Acquisition of lands and property.--
2088	(1)  For the purposes of this part, the Osceola County
2089	Expressway Authority may acquire private or public property and
2090	property rights, including rights of access, air, view, and
2091	light by gift, devise, purchase, or condemnation by eminent
2092	domain proceedings, as the authority may deem necessary for any
2093	of the purposes of this part, including, but not limited to, any
2094	lands reasonably necessary for securing applicable permits,
2095	areas necessary for management of access, borrow pits, drainage
2096	ditches, water retention areas, rest areas, replacement access
2097	for landowners whose access is impaired due to the construction
2098	of a facility, and replacement rights-of-way for relocated rail
2099	and utility facilities; for existing, proposed, or anticipated
2100	transportation facilities on the Osceola County Expressway
2101	System or in a transportation corridor designated by the
2102	authority; or for the purposes of screening, relocation,
2103	removal, or disposal of junkyards and scrap metal processing
2104	facilities. The authority shall also have the power to condemn
2105	any material and property necessary for such purposes.
2106	(2)  The right of eminent domain conferred in this part
2107	shall be exercised by the authority in the manner provided by
2108	law.
2109	(3)  When the authority acquires property for a
2110	transportation facility or in a transportation corridor, it is
2111	not subject to any liability imposed by chapter 376 or chapter
2112	403 for preexisting soil or groundwater contamination due solely
2113	to its ownership. This section does not affect the rights or
2114	liabilities of any past or future owners of the acquired
2115	property, nor does it affect the liability of any governmental
2116	entity for the results of its actions which create or exacerbate
2117	a pollution source. The authority and the Department of
2118	Environmental Protection may enter into interagency agreements
2119	for the performance, funding, and reimbursement of the
2120	investigative and remedial acts necessary for property acquired
2121	by the authority.
2122	348.9812  Cooperation with other units, boards, agencies,
2123	and individuals.--Express authority and power is hereby given
2124	and granted any county, municipality, drainage district, road
2125	and bridge district, school district, or any other political
2126	subdivision, board, commission, or individual in or of the state
2127	to make and enter into with the authority contracts, leases,
2128	conveyances, partnerships, or other agreements within the
2129	provisions and purposes of this part. The authority is hereby
2130	expressly authorized to make and enter into contracts, leases,
2131	conveyances, partnerships, and other agreements with any
2132	political subdivision, agency, or instrumentality of the state
2133	and any and all federal agencies, corporations, and individuals
2134	for the purpose of carrying out the provisions of this part.
2135	348.9813  Covenant of the state.--The state does hereby
2136	pledge to and agrees with any person, firm, or corporation or
2137	federal or state agency subscribing to or acquiring the bonds to
2138	be issued by the authority for the purposes of this part that
2139	the state will not limit or alter the rights hereby vested in
2140	the authority and the department until all bonds at any time
2141	issued together with the interest thereon are fully paid and
2142	discharged insofar as the same affects the rights of the holders
2143	of bonds issued hereunder. The state does further pledge to and
2144	agree with the United States that in the event any federal
2145	agency shall construct or contribute any funds for the
2146	completion, extension, or improvement of the Osceola County
2147	Expressway System, or any part or portion thereof, the state
2148	will not alter or limit the rights and powers of the authority
2149	and the department in any manner which would be inconsistent
2150	with the continued maintenance and operation of the Osceola
2151	County Expressway System or the completion, extension, or
2152	improvement thereof or which would be inconsistent with the due
2153	performance of any agreements between the authority and any such
2154	federal agency. The authority and the department shall continue
2155	to have and may exercise all powers herein granted so long as
2156	the same shall be necessary or desirable for the carrying out of
2157	the purposes of this part and the purposes of the United States
2158	in the completion, extension, or improvement of the Osceola
2159	County Expressway System or any part or portion thereof.
2160	348.9814  Exemption from taxation.--The effectuation of the
2161	authorized purposes of the authority created under this part is,
2162	shall, and will be in all respects for the benefit of the people
2163	of the state, for the increase of their commerce and prosperity,
2164	and for the improvement of their health and living conditions,
2165	and, since such authority will be performing essential
2166	governmental functions in effectuating such purposes, such
2167	authority shall not be required to pay any taxes or assessments
2168	of any kind or nature whatsoever upon any property acquired or
2169	used by it for such purposes, or upon any rates, fees, rentals,
2170	receipts, income, or charges at any time received by it, and the
2171	bonds issued by the authority, their transfer, and the income
2172	therefrom, including any profits made on the sale thereof, shall
2173	at all times be free from taxation of any kind by the state or
2174	by any political subdivision, taxing agency, or instrumentality
2175	thereof. The exemption granted by this section shall not be
2176	applicable to any tax imposed by chapter 220 on interest,
2177	income, or profits on debt obligations owned by corporations.
2178	348.9815  Eligibility for investments and security.--Any
2179	bonds or other obligations issued pursuant to this part shall be
2180	and constitute legal investments for banks, savings banks,
2181	trustees, executors, administrators, and all other fiduciaries
2182	and for all state, municipal, and other public funds and shall
2183	also be and constitute securities eligible for deposit as
2184	security for all state, municipal, or other public funds,
2185	notwithstanding the provisions of any other law or laws to the
2186	contrary.
2187	348.9816  Pledges enforceable by bondholders.--It is the
2188	express intention of this part that any pledge by the department
2189	of rates, fees, revenues, Osceola County gasoline tax funds, or
2190	other funds as rentals to the authority, or any covenants or
2191	agreements relative thereto, may be enforceable in any court of
2192	competent jurisdiction against the authority or directly against
2193	the department by any holder of bonds issued by the authority.
2194	348.9817  This part complete and additional authority.--
2195	(1)  The powers conferred by this part shall be in addition
2196	and supplemental to the existing powers of the board and the
2197	department, and this part shall not be construed as repealing
2198	any of the provisions of any other law, general, special, or
2199	local, but to supersede such other laws in the exercise of the
2200	powers provided in this part and to provide a complete method
2201	for the exercise of the powers granted in this part. The
2202	extension and improvement of the Osceola County Expressway
2203	System and the issuance of bonds hereunder to finance all or
2204	part of the cost thereof may be accomplished upon compliance
2205	with the provisions of this part without regard to or necessity
2206	for compliance with the provisions, limitations, or restrictions
2207	contained in any other general, special, or local law,
2208	including, but not limited to, s. 215.821. No approval of any
2209	bonds issued under this part by the qualified electors or
2210	qualified electors who are freeholders in the state or in
2211	Osceola County or in any other political subdivision of the
2212	state shall be required for the issuance of such bonds pursuant
2213	to this part.
2214	(2)  This part shall not be deemed to repeal, rescind, or
2215	modify the Osceola County Charter. This part shall not be deemed
2216	to repeal, rescind, or modify any other law relating to the
2217	State Board of Administration, the Department of Transportation,
2218	or the Division of Bond Finance of the State Board of
2219	Administration but shall be deemed to and shall supersede such
2220	other laws as are inconsistent with the provisions of this part,
2221	including, but not limited to, s. 215.821.
2222	Section 17.  Section 373.4137, Florida Statutes, is amended
2223	to read:
2224	373.4137  Mitigation requirements for specified
2225	transportation projects.--
2226	(1)  The Legislature finds that environmental mitigation
2227	for the impact of transportation projects proposed by the
2228	Department of Transportation or a transportation authority
2229	established pursuant to chapter 348 or chapter 349 can be more
2230	effectively achieved by regional, long-range mitigation planning
2231	rather than on a project-by-project basis. It is the intent of
2232	the Legislature that mitigation to offset the adverse effects of
2233	these transportation projects be funded by the Department of
2234	Transportation and be carried out by the Department of
2235	Environmental Protection and the water management districts,
2236	including the use of mitigation banks established pursuant to
2237	this part.
2238	(2)  Environmental impact inventories for transportation
2239	projects proposed by the Department of Transportation or a
2240	transportation authority established pursuant to chapter 348 or
2241	chapter 349 shall be developed as follows:
2242	(a)  By July May 1 of each year, the Department of
2243	Transportation or a transportation authority established
2244	pursuant to chapter 348 or chapter 349 shall submit to the
2245	Department of Environmental Protection and the water management
2246	districts a copy of its adopted work program and an
2247	environmental impact inventory of habitats addressed in the
2248	rules adopted tentatively, pursuant to this part and s. 404 of
2249	the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted by
2250	its plan of construction for transportation projects in the next
2251	3 years of the tentative work program. The Department of
2252	Transportation or a transportation authority established
2253	pursuant to chapter 348 or chapter 349 may also include in its
2254	environmental impact inventory the habitat impacts of any future
2255	transportation project identified in the tentative work program.
2256	The Department of Transportation and each transportation
2257	authority established pursuant to chapter 348 or chapter 349 may
2258	fund any mitigation activities for future projects using
2259	current-year funds.
2260	(b)  The environmental impact inventory shall include a
2261	description of these habitat impacts, including their location,
2262	acreage, and type; state water quality classification of
2263	impacted wetlands and other surface waters; any other state or
2264	regional designations for these habitats; and a survey of
2265	threatened species, endangered species, and species of special
2266	concern affected by the proposed project.
2267	(3)(a)  To fund development and implementation of the
2268	mitigation plan for the projected impacts identified in the
2269	environmental impact inventory described in subsection (2), the
2270	Department of Transportation shall identify funds quarterly in
2271	an escrow account within the State Transportation Trust Fund for
2272	the environmental mitigation phase of projects budgeted by the
2273	Department of Transportation for the current fiscal year. The
2274	escrow account shall be maintained by the Department of
2275	Transportation for the benefit of the Department of
2276	Environmental Protection and the water management districts. Any
2277	interest earnings from the escrow account shall remain with the
2278	Department of Transportation.
2279	(b)  Each transportation authority established pursuant to
2280	chapter 348 or chapter 349 that chooses to participate in this
2281	program shall create an escrow account within its financial
2282	structure and deposit funds in the account to pay for the
2283	environmental mitigation phase of projects budgeted for the
2284	current fiscal year. The escrow account shall be maintained by
2285	the authority for the benefit of the Department of Environmental
2286	Protection and the water management districts. Any interest
2287	earnings from the escrow account shall remain with the
2288	authority.
2289	(c)  Except for current mitigation projects in the
2290	monitoring and maintenance phase and except as allowed by
2291	paragraph (d), the Department of Environmental Protection or
2292	water management districts may request a transfer of funds from
2293	an escrow account no sooner than 30 days prior to the date the
2294	funds are needed to pay for activities associated with
2295	development or implementation of the approved mitigation plan
2296	described in subsection (4) for the current fiscal year,
2297	including, but not limited to, design, engineering, production,
2298	and staff support. Actual conceptual plan preparation costs
2299	incurred before plan approval may be submitted to the Department
2300	of Transportation or the appropriate transportation authority
2301	and the Department of Environmental Protection by November 1 of
2302	each year with the plan. The conceptual plan preparation costs
2303	of each water management district will be paid from mitigation
2304	funds associated with the environmental impact inventory for the
2305	current year based on the amount approved on the mitigation plan
2306	and allocated to the current fiscal year projects identified by
2307	the water management district. The amount transferred to the
2308	escrow accounts each year by the Department of Transportation
2309	and participating transportation authorities established
2310	pursuant to chapter 348 or chapter 349 shall correspond to a
2311	cost per acre of $75,000 multiplied by the projected acres of
2312	impact identified in the environmental impact inventory
2313	described in subsection (2). However, the $75,000 cost per acre
2314	does not constitute an admission against interest by the state
2315	or its subdivisions nor is the cost admissible as evidence of
2316	full compensation for any property acquired by eminent domain or
2317	through inverse condemnation. Each July 1, the cost per acre
2318	shall be adjusted by the percentage change in the average of the
2319	Consumer Price Index issued by the United States Department of
2320	Labor for the most recent 12-month period ending September 30,
2321	compared to the base year average, which is the average for the
2322	12-month period ending September 30, 1996. Each quarter At the
2323	end of each year, the projected acreage of impact shall be
2324	reconciled with the acreage of impact of projects as permitted,
2325	including permit modifications, pursuant to this part and s. 404
2326	of the Clean Water Act, 33 U.S.C. s. 1344. The subject year's
2327	transfer of funds shall be adjusted accordingly to reflect the
2328	acreage of impacts as permitted overtransfer or undertransfer of
2329	funds from the preceding year. The Department of Transportation
2330	and participating transportation authorities established
2331	pursuant to chapter 348 or chapter 349 are authorized to
2332	transfer such funds from the escrow accounts to the Department
2333	of Environmental Protection and the water management districts
2334	to carry out the mitigation programs. For a mitigation project
2335	that is in the maintenance and monitoring phase, the water
2336	management district may request and receive a one-time payment
2337	based on the project's expected future maintenance and
2338	monitoring costs. Upon disbursement of the final maintenance and
2339	monitoring payment, the escrow account for the project
2340	established by the Department of Transportation or the
2341	participating transportation authority may be closed. Any
2342	interest earned on these disbursed funds shall remain with the
2343	water management district and must be used as authorized under
2344	paragraph (4)(c).
2345	(d)  Beginning in the 2005-2006 fiscal year, each water
2346	management district shall be paid a lump-sum amount of $75,000
2347	per acre, adjusted as provided under paragraph (c), for
2348	federally funded transportation projects that are included on
2349	the environmental impact inventory and that have an approved
2350	mitigation plan. Beginning in the 2009-2010 fiscal year, each
2351	water management district shall be paid a lump-sum amount of
2352	$75,000 per acre, adjusted as provided under paragraph (c), for
2353	federally funded and nonfederally funded transportation projects
2354	that have an approved mitigation plan. All mitigation costs,
2355	including, but not limited to, the costs of preparing conceptual
2356	plans and the costs of design, construction, staff support,
2357	future maintenance, and monitoring the mitigated acres, shall be
2358	funded through these lump-sum amounts.
2359	(4)  Prior to March December 1 of each year, each water
2360	management district, in consultation with the Department of
2361	Environmental Protection, the United States Army Corps of
2362	Engineers, the Department of Transportation, transportation
2363	authorities established pursuant to chapter 348 or chapter 349,
2364	and other appropriate federal, state, and local governments, and
2365	other interested parties, including entities operating
2366	mitigation banks, shall develop a plan for the primary purpose
2367	of complying with the mitigation requirements adopted pursuant
2368	to this part and 33 U.S.C. s. 1344. This plan shall also address
2369	significant invasive plant problems within wetlands and other
2370	surface waters. In developing such plans, the districts shall
2371	utilize sound ecosystem management practices to address
2372	significant water resource needs and shall focus on activities
2373	of the Department of Environmental Protection and the water
2374	management districts, such as surface water improvement and
2375	management (SWIM) projects waterbodies and lands identified for
2376	potential acquisition for preservation, restoration or, and
2377	enhancement, and the control of invasive and exotic plants in
2378	wetlands and other surface waters, to the extent that such
2379	activities comply with the mitigation requirements adopted under
2380	this part and 33 U.S.C. s. 1344. In determining the activities
2381	to be included in such plans, the districts shall also consider
2382	the purchase of credits from public or private mitigation banks
2383	permitted under s. 373.4136 and associated federal authorization
2384	and shall include such purchase as a part of the mitigation plan
2385	when such purchase would offset the impact of the transportation
2386	project, provide equal benefits to the water resources than
2387	other mitigation options being considered, and provide the most
2388	cost-effective mitigation option. The mitigation plan shall be
2389	submitted to preliminarily approved by the water management
2390	district governing board or its designee and shall be submitted
2391	to the secretary of the Department of Environmental Protection
2392	for review and final approval. The preliminary approval by the
2393	water management district governing board does not constitute a
2394	decision that affects substantial interests as provided by s.
2395	120.569. At least 14 30 days prior to preliminary approval, the
2396	water management district shall provide a copy of the draft
2397	mitigation plan to any person who has requested a copy.
2398	(a)  For each transportation project with a funding request
2399	for the next fiscal year, the mitigation plan must include a
2400	brief explanation of why a mitigation bank was or was not chosen
2401	as a mitigation option, including an estimation of identifiable
2402	costs of the mitigation bank and nonbank options to the extent
2403	practicable.
2404	(b)  Specific projects may be excluded from the mitigation
2405	plan, in whole or in part, and shall not be subject to this
2406	section upon the agreement of the Department of Transportation,
2407	or a transportation authority if applicable, the Department of
2408	Environmental Protection, and the appropriate water management
2409	district that the inclusion of such projects would hamper the
2410	efficiency or timeliness of the mitigation planning and
2411	permitting process., or the Department of Environmental
2412	Protection and The water management district may choose to
2413	exclude a project, in whole or in part, if the district is are
2414	unable to identify mitigation that would offset the impacts of
2415	the project.
2416	(c)  Surface water improvement and management or invasive
2417	plant control projects undertaken using the $12 million advance
2418	transferred from the Department of Transportation to the
2419	Department of Environmental Protection in fiscal year 1996-1997
2420	which meet the requirements for mitigation under this part and
2421	33 U.S.C. s. 1344 shall remain available for mitigation until
2422	the $12 million is fully credited up to and including fiscal
2423	year 2005-2006. When these projects are used as mitigation, the
2424	$12 million advance shall be reduced by $75,000 per acre of
2425	impact mitigated. For any fiscal year through and including
2426	fiscal year 2005-2006, To the extent the cost of developing and
2427	implementing the mitigation plans is less than the funds placed
2428	in the escrow account amount transferred pursuant to subsection
2429	(3), the difference shall be retained by the Department of
2430	Transportation and credited towards the $12 million advance
2431	until the Department of Transportation is fully refunded for
2432	this advance funding. After the $12 million advance funding is
2433	fully credited Except as provided in this paragraph, any funds
2434	not directed to implement the mitigation plan should, to the
2435	greatest extent possible, be directed to fund invasive plant
2436	control within wetlands and other surface waters, SWIM projects,
2437	or other water-resource projects approved by the governing board
2438	of the water management district which may be appropriate to
2439	offset environmental impacts of future transportation projects.
2440	The water management districts may request these funds upon
2441	submittal of the final invoice for each road project.
2442	(5)  The water management district shall be responsible for
2443	ensuring that mitigation requirements pursuant to 33 U.S.C. s.
2444	1344 are met for the impacts identified in the environmental
2445	impact inventory described in subsection (2), by implementation
2446	of the approved plan described in subsection (4) to the extent
2447	funding is provided by the Department of Transportation, or a
2448	transportation authority established pursuant to chapter 348 or
2449	chapter 349, if applicable. During the federal permitting
2450	process, the water management district may deviate from the
2451	approved mitigation plan in order to comply with federal
2452	permitting requirements.
2453	(6)  The mitigation plans shall be updated annually to
2454	reflect the most current Department of Transportation work
2455	program and project list of a transportation authority
2456	established pursuant to chapter 348 or chapter 349, if
2457	applicable, and may be amended throughout the year to anticipate
2458	schedule changes or additional projects which may arise. Each
2459	update and amendment of the mitigation plan shall be submitted
2460	to the governing board of the water management district or its
2461	designee secretary of the Department of Environmental Protection
2462	for approval. However, such approval shall not be applicable to
2463	a deviation as described in subsection (5).
2464	(7)  Upon approval by the governing board of the water
2465	management district or its designee secretary of the Department
2466	of Environmental Protection, the mitigation plan shall be deemed
2467	to satisfy the mitigation requirements under this part for
2468	impacts specifically identified in the environmental impact
2469	inventory described in subsection (2) and any other mitigation
2470	requirements imposed by local, regional, and state agencies for
2471	these same impacts identified in the inventory described in
2472	subsection (2). The approval of the governing board of the water
2473	management district or its designee secretary shall authorize
2474	the activities proposed in the mitigation plan, and no other
2475	state, regional, or local permit or approval shall be necessary.
2476	(8)  This section shall not be construed to eliminate the
2477	need for the Department of Transportation or a transportation
2478	authority established pursuant to chapter 348 or chapter 349 to
2479	comply with the requirement to implement practicable design
2480	modifications, including realignment of transportation projects,
2481	to reduce or eliminate the impacts of its transportation
2482	projects on wetlands and other surface waters as required by
2483	rules adopted pursuant to this part, or to diminish the
2484	authority under this part to regulate other impacts, including
2485	water quantity or water quality impacts, or impacts regulated
2486	under this part that are not identified in the environmental
2487	impact inventory described in subsection (2).
2488	(9)  The process for environmental mitigation for the
2489	impact of transportation projects under this section shall be
2490	available to an expressway, bridge, or transportation authority
2491	established under chapter 348 or chapter 349. Use of this
2492	process may be initiated by an authority depositing the
2493	requisite funds into an escrow account set up by the authority
2494	and filing an environmental impact inventory with the
2495	appropriate water management district. An authority that
2496	initiates the environmental mitigation process established by
2497	this section shall comply with subsection (6) by timely
2498	providing the appropriate water management district and the
2499	Department of Environmental Protection with the requisite work
2500	program information. A water management district may draw down
2501	funds from the escrow account as provided in this section.
2502	Section 18.  Bicycle system study.--Prior to October 1,
2503	2005, the Department of Transportation shall perform a bicycle
2504	system study of bicycle facilities that are on or connected to
2505	the State Highway System. The results of the bicycle system
2506	study shall be presented to the Governor, the President of the
2507	Senate, and the Speaker of the House of Representatives by
2508	October 1, 2005. The bicycle system study shall include paved
2509	bicycle lanes, bicycle trails, bicycle paths, and any route or
2510	facility designated specifically for bicycle traffic. The study
2511	shall be performed by a consultant selected and funded by the
2512	department and shall be managed by the department's state
2513	Pedestrian and Bicycle Coordinator. The study shall include:
2514	(1)  Review of department standards for bicycle lanes to
2515	determine if they meet the needs of the state's bicyclists.
2516	(2)  Identification of state highways with existing
2517	designated bicycle lanes.
2518	(3)  Identification of state highways with no designated
2519	bicycle lanes and any constraints to incorporating these
2520	facilities.
2521	(4)  Providing electronic mapping of those facilities
2522	identified in subsections (2) and (3).
2523	(5)  Identification of all bicycle facility needs on the
2524	State Highway System.
2525	(6)  Review and identification of possible funding sources
2526	for new or improved facilities.
2527	(7)  A proposed implementation plan that will identify the
2528	incorporation of bicycle facilities on those state highways
2529	programmed for rehabilitation or new construction in the
2530	department's 5-year work program. The proposed plan will include
2531	the costs associated within the work program to add these
2532	facilities.
2533	Section 19.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.