HB 1681

1	A bill to be entitled
2	An act relating to transportation; creating s. 311.22,
3	F.S.; establishing a program to provide matching funds for
4	dredging projects in eligible counties; requiring that
5	funds appropriated under the program be used for certain
6	projects; requiring that the Florida Seaport
7	Transportation and Economic Development Council adopt
8	rules for evaluating the dredging projects; providing
9	criteria for the rules; providing for a project-review
10	process by the Department of Community Affairs, the
11	Department of Transportation, and the Office of Tourism,
12	Trade, and Economic Development; amending s. 332.007,
13	F.S.; authorizing the Department of Transportation to fund
14	certain eligible aviation planning projects to be
15	performed by not-for-profit organizations representing a
16	majority of public airports; amending s. 337.11, F.S.;
17	adding written work orders to the type of documents
18	covered by the department's contracting laws; specifying
19	changes to surety bondholder's liability under certain
20	circumstances; creating s. 337.195, F.S.; providing
21	presumptions relating to liability in certain actions
22	against the department; limiting liability, in certain
23	circumstances, of contractors and engineers doing work for
24	the department; amending s. 338.155, F.S.; providing that
25	persons participating in the funeral procession of a law
26	enforcement officer or firefighter killed in the line of
27	duty are exempt from paying tolls; amending s. 339.175,
28	F.S.; requiring metropolitan planning organizations to
29	have recorded roll-votes and super-majority votes on
30	certain plans; amending s. 339.64, F.S.; requiring the
31	Florida Transportation Commission to include as part of
32	its annual work program review an assessment of the
33	department's progress on the Strategic Intermodal System;
34	requiring an annual report to the Governor and the
35	Legislature by a certain time period; directing the
36	department to coordinate with federal, regional, and local
37	entities for transportation planning that impacts military
38	installations; requiring the Strategic Intermodal System
39	Plan to include an assessment of the impacts of proposed
40	projects on military installations; adding a military
41	representative to the Governor's appointees to the
42	Strategic Intermodal Transportation Advisory Council;
43	deleting obsolete provisions; creating part IV of chapter
44	343, F.S., entitled "Northwest Florida Transportation
45	Corridor Authority"; providing a short title; providing
46	definitions; creating the Northwest Florida Transportation
47	Corridor Authority encompassing Escambia, Santa Rosa,
48	Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
49	Counties; providing for a governing body of the authority;
50	providing for membership, organization, purposes, and
51	powers of the authority; requiring a master plan;
52	providing for the U.S. 98 Corridor System; prohibiting
53	tolls on certain existing highways and other
54	transportation facilities within the corridor; providing
55	for procurement; providing bond financing authority for
56	improvements; providing for bonds of the authority;
57	providing for fiscal agents; providing that the State
58	Board of Administration may act as fiscal agent; providing
59	for certain financial agreements; providing for the rights
60	and remedies of bondholders; providing for a lease-
61	purchase agreement with the department; authorizing the
62	authority to appoint the department as its agent for
63	construction; providing for acquisition of lands and
64	property; providing for cooperation with other units,
65	boards, agencies, and individuals; providing for public-
66	private partnerships; providing covenant of the state;
67	providing for exemption from taxation; providing for
68	eligibility for investments and security; providing that
69	pledges are enforceable by bondholders; providing for
70	complete and additional statutory authority for the
71	department and other state agencies; amending s. 337.251,
72	F.S.; authorizing the department to adopt rules governing
73	the leasing of property for joint public-private
74	development; amending s. 337.406, F.S.; granting local
75	governments authority to issue permits allowing limited
76	temporary use of state transportation right-of-way;
77	clarifying limited access facilities are not included in
78	such authority; amending s. 339.55, F.S.; establishing a
79	maximum limit on state-funded infrastructure bank loans to
80	the State Transportation Trust Fund; amending s. 373.4137,
81	F.S.; revising the requirements for projects intended to
82	mitigate the adverse effects of transportation projects;
83	removing the Department of Environmental Protection from
84	the mitigation process; revising requirements for the
85	Department of Transportation and the transportation
86	authorities with respect to submitting plans and
87	inventories; authorizing the use of current-year funds for
88	future projects; revising the requirements for reconciling
89	escrow accounts used to fund mitigation projects;
90	authorizing payments to a water management district to
91	fund the costs of future maintenance and monitoring;
92	requiring specified lump-sum payments to be used for the
93	mitigation costs of certain projects; authorizing a
94	governing board of a water management district to approve
95	the use of mitigation funds for certain future projects;
96	requiring that mitigation plans be approved by the water
97	management district rather than the Department of
98	Environmental Protection; amending s. 380.06, F.S.,
99	relating to developments of regional impact; deleting a
100	provision stating criteria for determining when a change
101	to certain airports necessitates a review; directing the
102	Department of Transportation to select and fund a
103	consultant to perform a study of bicycle facilities on or
104	connected to the State Highway System; requiring the
105	results of the study to be presented to the Governor and
106	the Legislature; providing for management of the study by
107	the State Pedestrian and Bicycle Coordinator; providing
108	for inclusion of certain elements in the study; requiring
109	the study to include an implementation plan; providing an
110	effective date.
111
112	Be It Enacted by the Legislature of the State of Florida:
113
114	Section 1.  Section 311.22, Florida Statutes, is created to
115	read:
116	311.22  Additional authorization for funding certain
117	dredging projects.--
118	(1)  The Florida Seaport Transportation and Economic
119	Development Council shall establish a program to fund dredging
120	projects in counties having a population of fewer than 300,000
121	according to the last official census. Funds made available
122	under this program may be used to fund approved projects for the
123	dredging or deepening of channels, turning basins, or harbors on
124	a 50-50 matching basis with any port authority, as such term is
125	defined in s. 315.02(2), which complies with the permitting
126	requirements in part IV of chapter 373 and the local financial
127	management and reporting provisions of part III of chapter 218.
128	(2)  The council shall adopt rules for evaluating the
129	projects that may be funded pursuant to this section. The rules
130	must provide criteria for evaluating the economic benefit of the
131	project. The rules must include the creation of an
132	administrative review process by the council which is similar to
133	the process described in s. 311.09(5)-(12), and provide for a
134	review by the Department of Community Affairs, the Department of
135	Transportation, and the Office of Tourism, Trade, and Economic
136	Development of all projects submitted for funding under this
137	section.
138	Section 2.  Subsection (10) is added to section 332.007,
139	Florida Statutes, to read:
140	332.007  Administration and financing of aviation and
141	airport programs and projects; state plan.--
142	(10)  The department may also fund eligible projects
143	performed by not-for-profit organizations that represent a
144	majority of public airports in this state. Eligible projects may
145	include activities associated with aviation master planning,
146	professional education, safety and security planning, enhancing
147	economic development and efficiency at airports in this state,
148	or other planning efforts to improve the viability of airports
149	in this state.
150	Section 3.  Subsection (8) of section 337.11, Florida
151	Statutes, is amended to read:
152	337.11  Contracting authority of department; bids;
153	emergency repairs, supplemental agreements, and change orders;
154	combined design and construction contracts; progress payments;
155	records; requirements of vehicle registration.--
156	(8)(a)  The department shall permit the use of written
157	supplemental agreements, written work orders pursuant to a
158	contingency pay item or contingency supplemental agreement, and
159	written change orders to any contract entered into by the
160	department.  Any supplemental agreement shall be reduced to
161	written contract form, approved by the contractor's surety, and
162	executed by the contractor and the department.  Any supplemental
163	agreement modifying any item in the original contract must be
164	approved by the head of the department, or his or her designee,
165	and executed by the appropriate person designated by him or her.
166	Any surety issuing a bond under s. 337.18 shall be fully liable
167	under such surety bond to the full extent of any modified
168	contract amount up to and including 25 percent over the original
169	contract amount and without regard to the fact that the surety
170	was not aware of or did not approve such modifications. However,
171	if modifications of the original contract amount cumulatively
172	result in modifications of the contract amount in excess of 25
173	percent of the original contract amount, the surety's approval
174	shall be required to bind the surety under the bond on that
175	portion in excess of 25 percent of the original contract amount.
176	(b)  Supplemental agreements and written work orders
177	pursuant to a contingency pay item or contingency supplemental
178	agreement shall be used to clarify the plans and specifications
179	of a contract; to provide for major quantity differences which
180	result in the contractor's work effort exceeding the original
181	contract amount by more than 5 percent; to provide for
182	unforeseen work, grade changes, or alterations in plans which
183	could not reasonably have been contemplated or foreseen in the
184	original plans and specifications; to change the limits of
185	construction to meet field conditions; to provide a safe and
186	functional connection to an existing pavement; to settle
187	contract claims; and to make the project functionally
188	operational in accordance with the intent of the original
189	contract. Supplemental agreements may be used to expand the
190	physical limits of a project only to the extent necessary to
191	make the project functionally operational in accordance with the
192	intent of the original contract. The cost of any such agreement
193	extending the physical limits of a project shall not exceed
194	$100,000 or 10 percent of the original contract price, whichever
195	is greater.
196	(c)  Written change orders may be issued by the department
197	and accepted by the contractor covering minor changes in the
198	plans, specifications, or quantities of work within the scope of
199	a contract, when prices for the items of work affected are
200	previously established in the contract, but in no event may such
201	change orders extend the physical limits of the work.
202	(d)  For the purpose of this section, the term "physical
203	limits" means the length or width of any project and
204	specifically includes drainage facilities not running parallel
205	to the project.  The length and width of temporary connections
206	affected by such supplemental agreements shall be established in
207	accordance with current engineering practice.
208	(e)  Upon completion and final inspection of the contract
209	work, the department may accept the improvement if it is in
210	substantial compliance with the plans, specifications, special
211	provisions, proposals, and contract and if a proper adjustment
212	in the contract price is made.
213	(f)  Any supplemental agreement or change order in
214	violation of this section is null and void and unenforceable for
215	payment.
216	Section 4.  Section 337.195, Florida Statutes, is created
217	to read:
218	337.195  Limits on liability.--
219	(1)  In a civil action for the death of or injury to a
220	person, or for damage to property, against the Department of
221	Transportation or its agents, consultants, or contractors for
222	work performed on a highway, road, street, bridge, or other
223	transportation facility when the death, injury, or damage
224	resulted from a motor vehicle crash within a construction zone
225	in which the driver of one of the vehicles was under the
226	influence of alcoholic beverages as set forth in s. 316.193,
227	under the influence of any chemical substance as set forth in s.
228	877.111, or illegally under the influence of any substance
229	controlled under chapter 893 to the extent that her or his
230	normal faculties were impaired or that she or he operated a
231	vehicle recklessly as defined in s. 316.192, it is presumed that
232	the driver's operation of the vehicle was the sole proximate
233	cause of his or her own death, injury, or damage. This
234	presumption can be overcome if the gross negligence or
235	intentional misconduct of the Department of Transportation, or
236	of its agents, consultants, or contractors, was a proximate
237	cause of the driver's death, injury, or damage.
238	(2)  A contractor who constructs, maintains, or repairs a
239	highway, road, street, bridge, or other transportation facility
240	for the Department of Transportation is not liable to a claimant
241	for personal injury, property damage, or death arising from the
242	performance of the construction, maintenance, or repair if, at
243	the time of the personal injury, property damage, or death, the
244	contractor was in compliance with contract documents material to
245	the condition that was the proximate cause of the personal
246	injury, property damage, or death.
247	(a)  The limitation on liability contained in this
248	subsection does not apply when the proximate cause of the
249	personal injury, property damage, or death is a latent
250	condition, defect, error, or omission that was created by the
251	contractor and not a defect, error, or omission in the contract
252	documents; or when the proximate cause of the personal injury,
253	property damage or death was the contractor's failure to
254	perform, update or comply with the maintenance of traffic safety
255	plan as required by the contract documents.
256	(b)  Nothing in this subsection shall be interpreted or
257	construed as relieving the contractor of any obligation to
258	provide the Department of Transportation with written notice of
259	any apparent error or omission in the contract documents.
260	(c)  Nothing in this subsection shall be interpreted or
261	construed to alter or affect any claim of the Department of
262	Transportation against such contractor.
263	(d)  This subsection does not affect any claim of any
264	entity against such contractor, which claim is associated with
265	such entity's facilities on or in Department of Transportation
266	roads or other transportation facilities.
267	(3)  In all cases involving personal injury, property
268	damage, or death, a person or entity who contracts to prepare or
269	provide engineering plans for the construction or repair of a
270	highway, road, street, bridge, or other transportation facility
271	for the Department of Transportation shall be presumed to have
272	prepared such engineering plans using the degree of care and
273	skill ordinarily exercised by other engineers in the field under
274	similar conditions and in similar localities and with due regard
275	for acceptable engineering standards and principles if the
276	engineering plans conformed to the Department of
277	Transportation's design standards material to the condition or
278	defect that was the proximate cause of the person injury,
279	property damage, or death. This presumption can be overcome only
280	upon a showing of the person's or entity's gross negligence in
281	the preparation of the engineering plans and shall not be
282	interpreted or construed to alter or affect any claim of the
283	Department of Transportation against such person or entity. The
284	limitation on liability contained in this subsection shall not
285	apply to any hidden or undiscoverable condition created by the
286	engineer. This subsection does not affect any claim of any
287	entity against such engineer or engineering firm, which claim is
288	associated with such entity's facilities on or in Department of
289	Transportation roads or other transportation facilities.
290	(4)  In any civil action for death, injury, or damages
291	against the Department of Transportation or its agents,
292	consultants, engineers or contractors for work performed on a
293	highway, road, street, bridge, or other transportation facility,
294	if the department, its agents, consultants, engineers, or
295	contractors are immune from liability pursuant to this section
296	or are not parties to the litigation, they may not be named on
297	the jury verdict form or be found to be at fault or responsible
298	for the injury, death, or damage that gave rise to the damages.
299	Section 5.  Subsection (1) of section 338.155, Florida
300	Statutes, is amended to read:
301	338.155  Payment of toll on toll facilities required;
302	exemptions.--
303	(1)  No persons are permitted to use any toll facility
304	without payment of tolls, except employees of the agency
305	operating the toll project when using the toll facility on
306	official state business, state military personnel while on
307	official military business, handicapped persons as provided in
308	this section, persons exempt from toll payment by the
309	authorizing resolution for bonds issued to finance the facility,
310	and persons exempt on a temporary basis where use of such toll
311	facility is required as a detour route. Any law enforcement
312	officer operating a marked official vehicle is exempt from toll
313	payment when on official law enforcement business. Any person
314	operating a fire vehicle when on official business or a rescue
315	vehicle when on official business is exempt from toll payment.
316	Any person participating in the funeral procession of a law
317	enforcement officer or firefighter killed in the line of duty is
318	exempt from toll payment. The secretary, or the secretary's
319	designee, may suspend the payment of tolls on a toll facility
320	when necessary to assist in emergency evacuation. The failure to
321	pay a prescribed toll constitutes a noncriminal traffic
322	infraction, punishable as a moving violation pursuant to s.
323	318.18. The department is authorized to adopt rules relating to
324	guaranteed toll accounts.
325	Section 6.  Subsection (12) is added to section 339.175,
326	Florida Statutes, to read:
327	339.175  Metropolitan planning organization.--It is the
328	intent of the Legislature to encourage and promote the safe and
329	efficient management, operation, and development of surface
330	transportation systems that will serve the mobility needs of
331	people and freight within and through urbanized areas of this
332	state while minimizing transportation-related fuel consumption
333	and air pollution. To accomplish these objectives, metropolitan
334	planning organizations, referred to in this section as M.P.O.'s,
335	shall develop, in cooperation with the state and public transit
336	operators, transportation plans and programs for metropolitan
337	areas. The plans and programs for each metropolitan area must
338	provide for the development and integrated management and
339	operation of transportation systems and facilities, including
340	pedestrian walkways and bicycle transportation facilities that
341	will function as an intermodal transportation system for the
342	metropolitan area, based upon the prevailing principles provided
343	in s. 334.046(1). The process for developing such plans and
344	programs shall provide for consideration of all modes of
345	transportation and shall be continuing, cooperative, and
346	comprehensive, to the degree appropriate, based on the
347	complexity of the transportation problems to be addressed. To
348	ensure that the process is integrated with the statewide
349	planning process, M.P.O.'s shall develop plans and programs that
350	identify transportation facilities that should function as an
351	integrated metropolitan transportation system, giving emphasis
352	to facilities that serve important national, state, and regional
353	transportation functions. For the purposes of this section,
354	those facilities include the facilities on the Strategic
355	Intermodal System designated under s. 339.63.
356	(12)  VOTING REQUIREMENTS.--Each long-range transportation
357	plan required pursuant to subsection (6); each annually updated
358	Transportation Improvement Program required under subsection
359	(7), and each amendment that affects projects in the first 3
360	years of such plans and programs, must be approved by each
361	M.P.O. on a recorded roll call vote of the membership present.
362	Section 7.  Section 339.64, Florida Statutes, is amended to
363	read:
364	339.64  Strategic Intermodal System Plan.--
365	(1)  The department shall develop, in cooperation with
366	metropolitan planning organizations, regional planning councils,
367	local governments, the Statewide Intermodal Transportation
368	Advisory Council and other transportation providers, a Strategic
369	Intermodal System Plan. The plan shall be consistent with the
370	Florida Transportation Plan developed pursuant to s. 339.155 and
371	shall be updated at least once every 5 years, subsequent to
372	updates of the Florida Transportation Plan.
373	(2)  In association with the continued development of the
374	initial Strategic Intermodal System Plan and other
375	transportation plans, the Florida Transportation Commission, as
376	part of its work program review process, shall conduct an annual
377	assessment of the progress that the department and its
378	transportation partners have made in realizing the goals of
379	economic development, improved mobility, and increased
380	intermodal connectivity need for an improved philosophical
381	approach to regional and intermodal input in the planning for
382	and governing of the Strategic Intermodal System and other
383	transportation systems. The Florida Transportation Commission
384	shall coordinate with the department, the Statewide Intermodal
385	Transportation Advisory Council, and other appropriate entities
386	when developing this assessment. The Florida Transportation
387	Commission shall deliver a report to the Governor and
388	Legislature no later than 14 days after the regular session
389	begins by December 15, 2003, with recommendations as necessary
390	to fully implement the Strategic Intermodal System.
391	(3)(a)  During the development of updates to the Strategic
392	Intermodal System Plan and the development of all subsequent
393	updates, the department shall provide metropolitan planning
394	organizations, regional planning councils, local governments,
395	transportation providers, affected public agencies, and citizens
396	with an opportunity to participate in and comment on the
397	development of the proposed plan or update.
398	(b)  The department also shall coordinate with federal,
399	regional, and local partners the planning for the Strategic
400	Highway Network and the Strategic Rail Corridor Network
401	transportation facilities that either are included in the
402	Strategic Intermodal System or that provide a direct connection
403	between military installations and the Strategic Intermodal
404	System. In addition, the department shall coordinate with
405	regional and local partners to determine whether the road and
406	other transportation infrastructure that connects military
407	installations to the Strategic Intermodal System, the Strategic
408	Highway Network, or the Strategic Rail Corridor is regionally
409	significant and should be included in the Strategic Intermodal
410	System Plan.
411	(4)  The Strategic Intermodal System Plan shall include the
412	following:
413	(a)  A needs assessment.
414	(b)  A project prioritization process.
415	(c)  A map of facilities designated as Strategic Intermodal
416	System facilities; and facilities that are emerging in
417	importance that are likely to become part of the system in the
418	future; and planned facilities that will meet the established
419	criteria.
420	(d)  A finance plan based on reasonable projections of
421	anticipated revenues, including both 10-year and 20-year cost-
422	feasible components.
423	(e)  An assessment of the impacts of proposed improvements
424	to Strategic Intermodal System corridors on military
425	installations that are either located directly on the Strategic
426	Intermodal System or located on the Strategic Highway Network or
427	Strategic Rail Corridor Network.
428	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.--
429	(a)  The Statewide Intermodal Transportation Advisory
430	Council is created to advise and make recommendations to the
431	Legislature and the department on policies, planning, and
432	funding of intermodal transportation projects. The council's
433	responsibilities shall include:
434	1.  Advising the department on the policies, planning, and
435	implementation of strategies related to intermodal
436	transportation.
437	2.  Providing advice and recommendations to the Legislature
438	on funding for projects to move goods and people in the most
439	efficient and effective manner for the State of Florida.
440	(b)  MEMBERSHIP.--Members of the Statewide Intermodal
441	Transportation Advisory Council shall consist of the following:
442	1.  Six Five intermodal industry representatives selected
443	by the Governor as follows:
444	a.  One representative from an airport involved in the
445	movement of freight and people from their airport facility to
446	another transportation mode.
447	b.  One individual representing a fixed-route, local-
448	government transit system.
449	c.  One representative from an intercity bus company
450	providing regularly scheduled bus travel as determined by
451	federal regulations.
452	d.  One representative from a spaceport.
453	e.  One representative from intermodal trucking companies.
454	f.  One representative having command responsibilities of a
455	major military installation.
456	2.  Three intermodal industry representatives selected by
457	the President of the Senate as follows:
458	a.  One representative from major-line railroads.
459	b.  One representative from seaports listed in s. 311.09(1)
460	from the Atlantic Coast.
461	c.  One representative from an airport involved in the
462	movement of freight and people from their airport facility to
463	another transportation mode.
464	3.  Three intermodal industry representatives selected by
465	the Speaker of the House of Representatives as follows:
466	a.  One representative from short-line railroads.
467	b.  One representative from seaports listed in s. 311.09(1)
468	from the Gulf Coast.
469	c.  One representative from intermodal trucking companies.
470	In no event may this representative be employed by the same
471	company that employs the intermodal trucking company
472	representative selected by the Governor.
473	(c)  Initial appointments to the council must be made no
474	later than 30 days after the effective date of this section.
475	1.  The initial appointments made by the President of the
476	Senate and the Speaker of the House of Representatives shall
477	serve terms concurrent with those of the respective appointing
478	officer. Beginning January 15, 2005, and for all subsequent
479	appointments, council members appointed by the President of the
480	Senate and the Speaker of the House of Representatives shall
481	serve 2-year terms, concurrent with the term of the respective
482	appointing officer.
483	2.  The initial appointees, and all subsequent appointees,
484	made by the Governor shall serve 2-year terms.
485	3.  Vacancies on the council shall be filled in the same
486	manner as the initial appointments.
487	(d)  Each member of the council shall be allowed one vote.
488	The council shall select a chair from among its membership.
489	Meetings shall be held at the call of the chair, but not less
490	frequently than quarterly. The members of the council shall be
491	reimbursed for per diem and travel expenses as provided in s.
492	112.061.
493	(e)  The department shall provide administrative staff
494	support and shall ensure that council meetings are
495	electronically recorded. Such recordings and all documents
496	received, prepared for, or used by the council in conducting its
497	business shall be preserved pursuant to chapters 119 and 257.
498	Section 8.  Part IV of chapter 343, Florida Statutes,
499	consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
500	343.835, 343.836, 343.837, 343.84, 343.85, 343.87, 343.875,
501	343.88, 343.881, 343.884, 343.885, and 343.89, is created to
502	read:
503	PART IV
504	NORTHWEST FLORIDA TRANSPORTATION CORRIDOR AUTHORITY
505	343.80  Short title.--This part may be cited as the
506	"Northwest Florida Transportation Corridor Authority Law."
507	343.805  Definitions.--As used in this part, the term:
508	(1)  "Agency of the state" means the state and any
509	department of, or corporation, agency, or instrumentality
510	heretofore or hereafter created, designated, or established by,
511	the state.
512	(2)  "Authority" means the body politic and corporate and
513	agency of the state created by this part.
514	(3)  "Bonds" means the notes, bonds, refunding bonds, or
515	other evidences of indebtedness or obligations, in either
516	temporary or definitive form, which the authority is authorized
517	to issue pursuant to this part.
518	(4)  "Department" means the Department of Transportation
519	existing under chapters 334-339.
520	(5)  "Federal agency" means the United States, the
521	President of the United States, and any department of, or
522	corporation, agency, or instrumentality heretofore or hereafter
523	created, designated, or established by, the United States.
524	(6)  "Lease-purchase agreement" means the lease-purchase
525	agreements that the authority is authorized pursuant to this
526	part to enter into with the Department of Transportation.
527	(7)  "Limited access expressway" or "expressway" means a
528	street or highway especially designed for through traffic and
529	over, from, or to which a person does not have the right of
530	easement, use, or access except in accordance with the rules
531	adopted and established by the authority for the use of such
532	facility. Such highway or street may be a parkway, from which
533	trucks, buses, and other commercial vehicles are excluded, or it
534	may be a freeway open to use by all customary forms of street
535	and highway traffic.
536	(8)  "Members" means the governing body of the authority,
537	and the term "member" means one of the individuals constituting
538	such governing body.
539	(9)  "State Board of Administration" means the body
540	corporate existing under the provisions of s. 9, Art. XII of the
541	State Constitution, or any successor thereto.
542	(10)  "U.S. 98 corridor" means U.S. Highway 98 and any
543	feeder roads, reliever roads, connector roads, bridges, and
544	other transportation appurtenances, existing or constructed in
545	the future, that support U.S. Highway 98 in Escambia, Santa
546	Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla
547	Counties.
548	(11)  "U.S. 98 corridor system" means any and all
549	expressways and appurtenant facilities, including, but not
550	limited to, all approaches, roads, bridges, and avenues of
551	access for the expressways that are either built by the
552	authority or whose ownership is transferred to the authority by
553	other governmental or private entities.
554
555	Terms importing singular number include the plural number in
556	each case and vice versa, and terms importing persons include
557	firms and corporations.
558	343.81  Northwest Florida Transportation Corridor
559	Authority.--
560	(1)  There is created and established a body politic and
561	corporate, an agency of the state, to be known as the Northwest
562	Florida Transportation Corridor Authority, hereinafter referred
563	to as "the authority."
564	(2)(a)  The governing body of the authority shall consist
565	of eight voting members, one each from Escambia, Santa Rosa,
566	Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla Counties,
567	appointed by the Governor to a 4-year term. The appointees shall
568	be residents of their respective counties. Upon the effective
569	date of his or her appointment, or as soon thereafter as
570	practicable, each appointed member of the authority shall enter
571	upon his or her duties. Each appointed member shall hold office
572	until his or her successor has been appointed and has qualified.
573	A vacancy occurring during a term shall be filled only for the
574	balance of the unexpired term. Any member of the authority shall
575	be eligible for reappointment. Members of the authority may be
576	removed from office by the Governor for misconduct, malfeasance,
577	misfeasance, or nonfeasance in office.
578	(b)  The district secretary of the Department of
579	Transportation serving Northwest Florida shall serve as an ex
580	officio, nonvoting member.
581	(3)(a)  The authority shall elect one of its members as
582	chair and shall also elect a secretary and a treasurer who may
583	or may not be members of the authority. The chair, secretary,
584	and treasurer shall hold such offices at the will of the
585	authority.
586	(b)  Five members of the authority shall constitute a
587	quorum, and the vote of at least five members shall be necessary
588	for any action taken by the authority. A vacancy in the
589	authority does not impair the right of a quorum of the authority
590	to exercise all of the rights and perform all of the duties of
591	the authority.
592	(c)  The authority shall meet at least quarterly but may
593	meet more frequently upon the call of the chair. The authority
594	should alternate the locations of its meetings among the seven
595	counties.
596	(4)  Members of the authority shall serve without
597	compensation but shall be entitled to receive from the authority
598	their travel expenses and per diem incurred in connection with
599	the business of the authority, as provided in s. 112.061.
600	(5)  The authority may employ an executive director, an
601	executive secretary, its own counsel and legal staff, technical
602	experts, engineers, and such employees, permanent or temporary,
603	as it may require. The authority shall determine the
604	qualifications and fix the compensation of such persons, firms,
605	or corporations and may employ a fiscal agent or agents;
606	however, the authority shall solicit sealed proposals from at
607	least three persons, firms, or corporations for the performance
608	of any services as fiscal agents. The authority may delegate to
609	one or more of its agents or employees its power as it shall
610	deem necessary to carry out the purposes of this part, subject
611	always to the supervision and control of the authority.
612	(6)  The authority may establish technical advisory
613	committees to provide guidance and advice on corridor-related
614	issues. The authority shall establish the size, composition, and
615	focus of any technical advisory committee created. A member
616	appointed to a technical advisory committee shall serve without
617	compensation but shall be entitled to per diem or travel
618	expenses, as provided in s. 112.061.
619	343.82  Purposes and powers.--
620	(1)  The primary purpose of the authority is to improve
621	mobility on the U.S. 98 corridor in Northwest Florida to enhance
622	traveler safety, identify and develop hurricane evacuation
623	routes, promote economic development along the corridor, and
624	implement transportation projects to alleviate current or
625	anticipated traffic congestion.
626	(2)  The authority is authorized to construct any feeder
627	roads, reliever roads, connector roads, bypasses, or appurtenant
628	facilities that are intended to improve mobility along the U.S.
629	98 corridor. The transportation improvement projects may also
630	include all necessary approaches, roads, bridges, and avenues of
631	access that are desirable and proper with the concurrence, where
632	applicable, of the department if the project is to be part of
633	the State Highway System or the respective county or municipal
634	governing boards. Any transportation facilities constructed by
635	the authority may be tolled.
636	(3)(a)  The authority shall develop and adopt a corridor
637	master plan no later than July 1, 2007. The goals and objectives
638	of the master plan are to identify areas of the corridor where
639	mobility, traffic safety, and efficient hurricane evacuation
640	needs to be improved; evaluate the economic development
641	potential of the corridor and consider strategies to develop
642	that potential; develop methods of building partnerships with
643	local governments, other state and federal entities, the
644	private-sector business community, and the public in support of
645	corridor improvements; and to identify projects that will
646	accomplish these goals and objectives.
647	(b)  After its adoption, the master plan shall be updated
648	annually before July 1 of each year.
649	(c)  The authority shall present the original master plan
650	and updates to the governing bodies of the counties within the
651	corridor and to the legislative delegation members representing
652	those counties within 90 days after adoption.
653	(d)  The authority may undertake projects or other
654	improvements in the master plan in phases as particular projects
655	or segments thereof become feasible, as determined by the
656	authority. In carrying out its purposes and powers, the
657	authority may request funding and technical assistance from the
658	department and appropriate federal and local agencies,
659	including, but not limited to, state infrastructure bank loans,
660	advances from the Toll Facilities Revolving Trust Fund, and from
661	any other sources.
662	(4)  The authority is granted and shall have and may
663	exercise all powers necessary, appurtenant, convenient, or
664	incidental to the carrying out of the aforesaid purposes,
665	including, but not limited to, the following rights and powers:
666	(a)  To acquire, hold, construct, improve, maintain,
667	operate, own, and lease in the capacity of lessor transportation
668	facilities within the U.S. 98 corridor.
669	(b)  To borrow money and to make and issue negotiable
670	notes, bonds, refunding bonds, and other evidences of
671	indebtedness or obligations, either in temporary or definitive
672	form, hereinafter in this chapter sometimes called "revenue
673	bonds" of the authority, for the purpose of financing all or
674	part of the mobility improvements within the U.S. 98 corridor,
675	as well as the appurtenant facilities, including all approaches,
676	streets, roads, bridges, and avenues of access authorized by
677	this part, the bonds to mature not exceeding 40 years after the
678	date of the issuance thereof, and to secure the payment of such
679	bonds or any part thereof by a pledge of any or all of its
680	revenues, rates, fees, rentals, or other charges.
681	(c)  To fix, alter, charge, establish, and collect tolls,
682	rates, fees, rentals, and other charges for the services and
683	facilities of the Northwest Florida Transportation Corridor
684	System, which rates, fees, rentals, and other charges shall
685	always be sufficient to comply with any covenants made with the
686	holders of any bonds issued pursuant to this part; however, such
687	right and power may be assigned or delegated by the authority to
688	the department. The authority may not impose tolls or other
689	charges on existing highways and other transportation facilities
690	within the corridor.
691	(d)  To acquire by donation or otherwise, purchase, hold,
692	lease as lessee, and use any franchise, property, real,
693	personal, or mixed, tangible or intangible, or any options
694	thereof in its own name or in conjunction with others, or
695	interest therein, necessary or desirable for carrying out the
696	purposes of the authority and to sell, lease as lessor,
697	transfer, and dispose of any property or interest therein at any
698	time acquired by it.
699	(e)  To sue and be sued, implead and be impleaded,
700	complain, and defend in all courts.
701	(f)  To adopt, use, and alter at will a corporate seal.
702	(g)  To enter into and make leases.
703	(h)  To enter into and make lease-purchase agreements with
704	the department for terms not exceeding 40 years or until any
705	bonds secured by a pledge of rentals thereunder, and any
706	refundings thereof, are fully paid as to both principal and
707	interest, whichever is longer.
708	(i)  To make contracts of every name and nature, including,
709	but not limited to, partnerships providing for participation in
710	ownership and revenues, and to execute all instruments necessary
711	or convenient for the carrying on of its business.
712	(j)  Without limitation of the foregoing, to borrow money
713	and accept grants from and to enter into contracts, leases, or
714	other transactions with any federal agency, the state, any
715	agency of the state, or any other public body of the state.
716	(k)  To have the power of eminent domain, including the
717	procedural powers granted under chapters 73 and 74.
718	(l)  To pledge, hypothecate, or otherwise encumber all or
719	any part of the revenues, rates, fees, rentals, or other charges
720	or receipts of the authority.
721	(m)  To enter into partnership and other agreements
722	respecting ownership and revenue participation in order to
723	facilitate financing and constructing any project or portions
724	thereof.
725	(n)  To participate in agreements with private entities and
726	to receive private contributions.
727	(o)  To contract with the department or with a private
728	entity for the operation of traditional and electronic toll
729	collection facilities along the U.S. 98 corridor.
730	(p)  To do all acts and things necessary or convenient for
731	the conduct of its business and the general welfare of the
732	authority in order to carry out the powers granted to it by this
733	part or any other law.
734	(q)  To construct, operate, and maintain roads, bridges,
735	avenues of access, thoroughfares, and boulevards and to
736	construct, repair, replace, operate, install, and maintain
737	electronic toll payment systems thereon, with all necessary and
738	incidental powers to accomplish the foregoing.
739	(5)  The authority does not have power at any time or in
740	any manner to pledge the credit or taxing power of the state or
741	any political subdivision or agency thereof, nor shall any of
742	the authority's obligations be deemed to be obligations of the
743	state or of any political subdivision or agency thereof, nor
744	shall the state or any political subdivision or agency thereof,
745	except the authority, be liable for the payment of the principal
746	of or interest on such obligations.
747	343.83  Improvements, bond financing authority.--Pursuant
748	to s. 11(f), Art. VII of the State Constitution, the Legislature
749	approves bond financing by the Northwest Florida Transportation
750	Corridor Authority for improvements to toll collection
751	facilities, interchanges to the legislatively approved system,
752	and any other facility appurtenant, necessary, or incidental to
753	the approved system. Subject to terms and conditions of
754	applicable revenue bond resolutions and covenants, such costs
755	may be financed in whole or in part by revenue bonds issued
756	pursuant to s. 343.835(1)(a) or (b) whether currently issued or
757	issued in the future or by a combination of such bonds.
758	343.835  Bonds of the authority.--
759	(1)(a)  Bonds may be issued on behalf of the authority
760	pursuant to the State Bond Act.
761	(b)  Alternatively, the authority may issue its own bonds
762	pursuant to this part at such times and in such principal amount
763	as, in the opinion of the authority, is necessary to provide
764	sufficient moneys for achieving its purposes; however, such
765	bonds may not pledge the full faith and credit of the state.
766	Bonds issued by the authority pursuant to this paragraph or
767	paragraph (a), whether on original issuance or on refunding,
768	shall be authorized by resolution of the members thereof, may be
769	either term or serial bonds, and shall bear such date or dates,
770	mature at such time or times, not exceeding 40 years after their
771	respective dates, bear interest at such rate or rates, be
772	payable semiannually, be in such denominations, be in such form,
773	either coupon or fully registered, carry such registration,
774	exchangeability, and interchangeability privileges, be payable
775	in such medium of payment and at such place or places, be
776	subject to such terms of redemption, and be entitled to such
777	priorities on the revenues, rates, fees, rentals, or other
778	charges or receipts of the authority, including revenues from
779	lease-purchase agreements. The bonds shall be executed either by
780	manual or facsimile signature by such officers as the authority
781	shall determine, however, such bonds shall bear at least one
782	signature that is manually executed thereon, and the coupons
783	attached to such bonds shall bear the facsimile signature or
784	signatures of such officer or officers as shall be designated by
785	the authority and have the seal of the authority affixed,
786	imprinted, reproduced, or lithographed thereon, all as may be
787	prescribed in such resolution or resolutions.
788	(c)  Bonds issued pursuant to paragraph (a) or paragraph
789	(b) shall be sold at public sale in the manner provided by the
790	State Bond Act. However, if the authority, by official action at
791	a public meeting, determines that a negotiated sale of such
792	bonds is in the best interest of the authority, the authority
793	may negotiate the sale of such bonds with the underwriter
794	designated by the authority and the Division of Bond Finance
795	within the State Board of Administration with respect to bonds
796	issued pursuant to paragraph (a) or solely the authority with
797	respect to bonds issued pursuant to paragraph (b). The
798	authority's determination to negotiate the sale of such bonds
799	may be based, in part, upon the written advice of the
800	authority's financial adviser. Pending the preparation of
801	definitive bonds, interim certificates may be issued to the
802	purchaser or purchasers of such bonds and may contain such terms
803	and conditions as the authority may determine.
804	(d)  The authority may issue bonds pursuant to paragraph
805	(b) to refund any bonds previously issued regardless of whether
806	the bonds being refunded were issued by the authority pursuant
807	to this chapter or on behalf of the authority pursuant to the
808	State Bond Act.
809	(2)  Any such resolution or resolutions authorizing any
810	bonds hereunder may contain provisions that are part of the
811	contract with the holders of such bonds, as to:
812	(a)  The pledging of all or any part of the revenues,
813	rates, fees, rentals, or other charges or receipts of the
814	authority, derived by the authority for the U.S. 98 corridor
815	improvements.
816	(b)  The completion, improvement, operation, extension,
817	maintenance, repair, lease, or lease-purchase agreement of the
818	system, and the duties of the authority and others, including
819	the department, with reference thereto.
820	(c)  Limitations on the purposes to which the proceeds of
821	the bonds, then or thereafter to be issued, or of any loan or
822	grant by the United States or the state may be applied.
823	(d)  The fixing, charging, establishing, and collecting of
824	rates, fees, rentals, or other charges for use of the services
825	and facilities constructed by the authority.
826	(e)  The setting aside of reserves or sinking funds or
827	repair and replacement funds and the regulation and disposition
828	thereof.
829	(f)  Limitations on the issuance of additional bonds.
830	(g)  The terms and provisions of any lease-purchase
831	agreement, deed of trust, or indenture securing the bonds or
832	under which the same may be issued.
833	(h)  Any other or additional agreements with the holders of
834	the bonds which the authority may deem desirable and proper.
835	(3)  The authority may employ fiscal agents as provided by
836	this part or the State Board of Administration may, upon request
837	of the authority, act as fiscal agent for the authority in the
838	issuance of any bonds that are issued pursuant to this part, and
839	the State Board of Administration may, upon request of the
840	authority, take over the management, control, administration,
841	custody, and payment of any or all debt services or funds or
842	assets now or hereafter available for any bonds issued pursuant
843	to this part. The authority may enter into any deeds of trust,
844	indentures, or other agreements with its fiscal agent, or with
845	any bank or trust company within or without the state, as
846	security for such bonds and may, under such agreements, sign and
847	pledge all or any of the revenues, rates, fees, rentals, or
848	other charges or receipts of the authority. Such deed of trust,
849	indenture, or other agreement may contain such provisions as are
850	customary in such instruments or, as the authority authorizes,
851	including, but without limitation, provisions as to:
852	(a)  The completion, improvement, operation, extension,
853	maintenance, repair, and lease of or lease-purchase agreement
854	relating to U.S. 98 corridor improvements and the duties of the
855	authority and others, including the department, with reference
856	thereto.
857	(b)  The application of funds and the safeguarding of funds
858	on hand or on deposit.
859	(c)  The rights and remedies of the trustee and the holders
860	of the bonds.
861	(d)  The terms and provisions of the bonds or the
862	resolutions authorizing the issuance of the bonds.
863	(4)  Any of the bonds issued pursuant to this part are, and
864	are hereby declared to be, negotiable instruments and have all
865	the qualities and incidents of negotiable instruments under the
866	law merchant and the negotiable instruments law of the state.
867	(5)  Notwithstanding any of the provisions of this part,
868	each project, building, or facility that has been financed by
869	the issuance of bonds or other evidence of indebtedness under
870	this part and any refinancing thereof are hereby approved as
871	provided for in s. 11(f), Art. VII of the State Constitution.
872	343.836  Remedies of the bondholders.--
873	(1)  The rights and the remedies in this section conferred
874	upon or granted to the bondholders are in addition to and not in
875	limitation of any rights and remedies lawfully granted to such
876	bondholders by the resolution or resolutions providing for the
877	issuance of bonds or by a lease-purchase agreement, deed of
878	trust, indenture, or other agreement under which the bonds may
879	be issued or secured. If the authority defaults in the payment
880	of the principal of or interest on any of the bonds issued
881	pursuant to the provisions of this part after such principal of
882	or interest on the bonds becomes due, whether at maturity or
883	upon call for redemption, or the department defaults in any
884	payments under, or covenants made in, any lease-purchase
885	agreement between the authority and the department, and such
886	default continues for a period of 30 days, or if the authority
887	or the department fails or refuses to comply with the provisions
888	of this part or any agreement made with, or for the benefit of,
889	the holders of the bonds, the holders of 25 percent in aggregate
890	principal amount of the bonds then outstanding may appoint a
891	trustee to represent such bondholders for the purposes hereof,
892	if such holders of 25 percent in aggregate principal amount of
893	the bonds then outstanding shall first give notice of their
894	intention to appoint a trustee to the authority and to the
895	department. Such notice shall be deemed to have been given if
896	given in writing, deposited in a securely sealed postpaid
897	wrapper, mailed at a regularly maintained United States post
898	office box or station, and addressed, respectively, to the chair
899	of the authority and to the secretary of the department at the
900	principal office of the department.
901	(2)  Such trustee and any trustee under any deed of trust,
902	indenture, or other agreement may, and upon written request of
903	the holders of 25 percent or such other percentages as are
904	specified in any deed of trust, indenture, or other agreement
905	aforesaid in principal amount of the bonds then outstanding
906	shall, in any court of competent jurisdiction, in his, her, or
907	its own name:
908	(a)  By mandamus or other suit, action, or proceeding at
909	law or in equity, enforce all rights of the bondholders,
910	including the right to require the authority to fix, establish,
911	maintain, collect, and charge rates, fees, rentals, and other
912	charges adequate to carry out any agreement as to or pledge of
913	the revenues or receipts of the authority to carry out any other
914	covenants and agreements with or for the benefit of the
915	bondholders, and to perform its and their duties under this
916	part.
917	(b)  By mandamus or other suit, action, or proceeding at
918	law or in equity, enforce all rights of the bondholders under or
919	pursuant to any lease-purchase agreement between the authority
920	and the department, including the right to require the
921	department to make all rental payments required to be made by it
922	under the provisions of any such lease-purchase agreement, to
923	require the department to carry out any other covenants and
924	agreements with or for the benefit of the bondholders and to
925	perform its and their duties under this part.
926	(c)  Bring suit upon the bonds.
927	(d)  By action or suit in equity, require the authority or
928	the department to account as if it were the trustee of an
929	express trust for the bondholders.
930	(e)  By action or suit in equity, enjoin any acts or things
931	that may be unlawful or in violation of the rights of the
932	bondholders.
933	(3)  Any trustee, when appointed as aforesaid or acting
934	under a deed of trust, indenture, or other agreement, and
935	whether or not all bonds have been declared due and payable, may
936	appoint a receiver who may enter upon and take possession of the
937	system or the facilities or any part or parts thereof, the
938	rates, fees, rentals, or other revenues, charges, or receipts
939	from which are or may be applicable to the payment of the bonds
940	so in default, and, subject to and in compliance with the
941	provisions of any lease-purchase agreement between the authority
942	and the department, operate and maintain the same for and on
943	behalf of and in the name of the authority, the department, and
944	the bondholders, and collect and receive all rates, fees,
945	rentals, and other charges or receipts or revenues arising
946	therefrom in the same manner as the authority or the department
947	might do, and shall deposit all such moneys in a separate
948	account and apply such moneys in such manner as the court shall
949	direct. In any suit, action, or proceeding by the trustee, the
950	fees, counsel fees, and expenses of the trustee and the
951	receiver, if any, and all costs and disbursements allowed by the
952	court shall be a first charge on any rates, fees, rentals, or
953	other charges, revenues, or receipts derived from the system or
954	the facilities or services or any part or parts thereof,
955	including payments under any such lease-purchase agreement as
956	aforesaid, which rates, fees, rentals, or other charges,
957	revenues, or receipts may be applicable to the payment of the
958	bonds so in default. Such trustee, in addition to the foregoing,
959	possesses all of the powers necessary for the exercise of any
960	functions specifically set forth herein or incident to the
961	representation of the bondholders in the enforcement and
962	protection of their rights.
963	(4)  This section or any other section of this part does
964	not authorize any receiver appointed pursuant hereto for the
965	purpose, subject to and in compliance with the provisions of any
966	lease-purchase agreement between the authority and the
967	department, of operating and maintaining the system or any
968	facilities or part or parts thereof, to sell, assign, mortgage,
969	or otherwise dispose of any of the assets of whatever kind and
970	character belonging to the authority. It is the intention of
971	this part to limit the powers of such receiver, subject to and
972	in compliance with the provisions of any lease-purchase
973	agreement between the authority and the department, to the
974	operation and maintenance of the system or any facility or part
975	or parts thereof, as the court may direct, in the name and for
976	and on behalf of the authority, the department, and the
977	bondholders. In any suit, action, or proceeding at law or in
978	equity, a holder of bonds on the authority, a trustee, or any
979	court may not compel or direct a receiver to sell, assign,
980	mortgage, or otherwise dispose of any assets of whatever kind or
981	character belonging to the authority. A receiver also may not be
982	authorized to sell, assign, mortgage, or otherwise dispose of
983	any assets of whatever kind or character belonging to the
984	authority in any suit, action, or proceeding at law or in
985	equity.
986	343.837  Lease-purchase agreement.--
987	(1)  In order to effectuate the purposes of this part and
988	as authorized by this part, the authority may enter into a
989	lease-purchase agreement with the department relating to and
990	covering the U.S. 98 Corridor System.
991	(2)  Such lease-purchase agreement shall provide for the
992	leasing of the system by the authority, as lessor, to the
993	department, as lessee, shall prescribe the term of such lease
994	and the rentals to be paid thereunder, and shall provide that,
995	upon the completion of the faithful performance thereunder and
996	the termination of such lease-purchase agreement, title in fee
997	simple absolute to the system as then constituted shall be
998	transferred in accordance with law by the authority to the state
999	and the authority shall deliver to the department such deeds and
1000	conveyances as shall be necessary or convenient to vest title in
1001	fee simple absolute in the state.
1002	(3)  Such lease-purchase agreement may include such other
1003	provisions, agreements, and covenants as the authority and the
1004	department deem advisable or required, including, but not
1005	limited to, provisions as to the bonds to be issued for the
1006	purposes of this part, the completion, extension, improvement,
1007	operation, and maintenance of the system and the expenses and
1008	the cost of operation of the authority, the charging and
1009	collection of tolls, rates, fees, and other charges for the use
1010	of the services and facilities thereof, and the application of
1011	federal or state grants or aid which may be made or given to
1012	assist the authority in the completion, extension, improvement,
1013	operation, and maintenance of the system.
1014	(4)  The department as lessee under such lease-purchase
1015	agreement may pay as rentals thereunder any rates, fees,
1016	charges, funds, moneys, receipts, or income accruing to the
1017	department from the operation of the system and may also pay as
1018	rentals any appropriations received by the department pursuant
1019	to any act of the Legislature heretofore or hereafter enacted;
1020	however, nothing in this section or in such lease-purchase
1021	agreement is intended to require, nor shall this part or such
1022	lease-purchase agreement require, the making or continuance of
1023	such appropriations, nor shall any holder of bonds issued
1024	pursuant to this part ever have any right to compel the making
1025	or continuance of such appropriations.
1026	(5)  The department shall have power to covenant in any
1027	lease-purchase agreement that it will pay all or any part of the
1028	cost of the operation, maintenance, repair, renewal, and
1029	replacement of the corridor system, and any part of the cost of
1030	completing the corridor system to the extent that the proceeds
1031	of bonds issued are insufficient, from sources other than the
1032	revenues derived from the operation of the system.
1033	(6)  The U.S. 98 Corridor System shall be a part of the
1034	State Highway System as defined in s. 334.03, and the department
1035	may, upon the request of the authority, expend out of any funds
1036	available for that purpose, and use such of its engineering and
1037	other forces, as may be necessary and desirable in the judgment
1038	of the department, for the operation of the authority and for
1039	traffic surveys, borings, surveys, preparation of plans and
1040	specifications, estimates of cost, and other preliminary
1041	engineering and other studies.
1042	343.84  Department may be appointed agent of authority for
1043	construction.--The department may be appointed by the authority
1044	as its agent for the purpose of constructing improvements and
1045	extensions to the system and for the completion thereof. In such
1046	event, the authority shall provide the department with complete
1047	copies of all documents, agreements, resolutions, contracts, and
1048	instruments relating thereto, shall request the department to do
1049	such construction work, including the planning, surveying, and
1050	actual construction of the completion, extensions, and
1051	improvements to the system, and shall transfer to the credit of
1052	an account of the department in the treasury of the state the
1053	necessary funds therefor. The department shall proceed with such
1054	construction and use the funds for such purpose in the same
1055	manner that it is now authorized to use the funds otherwise
1056	provided by law for its use in construction of roads and
1057	bridges.
1058	343.85  Acquisition of lands and property.--
1059	(1)  For the purposes of this part, the Northwest Florida
1060	Transportation Corridor Authority may acquire private or public
1061	property and property rights, including rights of access, air,
1062	view, and light, by gift, devise, purchase, or condemnation by
1063	eminent domain proceedings, as the authority may deem necessary
1064	for any purpose of this part, including, but not limited to, any
1065	lands reasonably necessary for securing applicable permits,
1066	areas necessary for management of access, borrow pits, drainage
1067	ditches, water retention areas, rest areas, replacement access
1068	for landowners whose access is impaired due to the construction
1069	of a facility, and replacement rights-of-way for relocated rail
1070	and utility facilities; for existing, proposed, or anticipated
1071	transportation facilities within the U.S. 98 transportation
1072	corridor designated by the authority; or for the purposes of
1073	screening, relocation, removal, or disposal of junkyards and
1074	scrap metal processing facilities. The authority may condemn any
1075	material and property necessary for such purposes.
1076	(2)  The right of eminent domain herein conferred shall be
1077	exercised by the authority in the manner provided by law.
1078	(3)  When the authority acquires property for a
1079	transportation facility or in a transportation corridor, the
1080	authority is not subject to any liability imposed by chapter 376
1081	or chapter 403 for preexisting soil or groundwater contamination
1082	due solely to its ownership. This section does not affect the
1083	rights or liabilities of any past or future owners of the
1084	acquired property, nor does it affect the liability of any
1085	governmental entity for the results of its actions which create
1086	or exacerbate a pollution source. The authority and the
1087	Department of Environmental Protection may enter into
1088	interagency agreements for the performance, funding, and
1089	reimbursement of the investigative and remedial acts necessary
1090	for property acquired by the authority.
1091	343.87  Cooperation with other units, boards, agencies, and
1092	individuals.--Express authority and power is hereby given and
1093	granted to any county, municipality, drainage district, road and
1094	bridge district, school district, or any other political
1095	subdivision, board, commission, or individual in or of the state
1096	to make and enter into contracts, leases, conveyances,
1097	partnerships, or other agreements with the authority within the
1098	provisions and purposes of this part. The authority may make and
1099	enter into contracts, leases, conveyances, partnerships, and
1100	other agreements with any political subdivision, agency, or
1101	instrumentality of the state and any and all federal agencies,
1102	corporations, and individuals for the purpose of carrying out
1103	the provisions of this part.
1104	343.875  Public-private partnerships.--
1105	(1)  The authority may receive or solicit proposals and
1106	enter into agreements with private entities or consortia
1107	thereof, for the building, operation, ownership, or financing of
1108	transportation facilities within the jurisdiction of the
1109	authority. Before approval, the authority must determine that a
1110	proposed project:
1111	(a)  Is in the public's best interest.
1112	(b)  Would not require state funds to be used unless the
1113	project is on or provides increased mobility on the State
1114	Highway System.
1115	(c)  Would have adequate safeguards to ensure that
1116	additional costs or service disruptions would not be realized by
1117	the traveling public and citizens of the state in the event of
1118	default or the cancellation of the agreement by the authority.
1119	(2)  The authority shall ensure that all reasonable costs
1120	to the state related to transportation facilities that are not
1121	part of the State Highway System are borne by the private
1122	entity. The authority also shall ensure that all reasonable
1123	costs to the state and substantially affected local governments
1124	and utilities related to the private transportation facility are
1125	borne by the private entity for transportation facilities that
1126	are owned by private entities. For projects on the State Highway
1127	System, the department may use state resources to participate in
1128	funding and financing the project as provided for under the
1129	department's enabling legislation.
1130	(3)  The authority may request proposals for public-private
1131	transportation projects or, if it receives an unsolicited
1132	proposal, it must publish a notice in the Florida Administrative
1133	Weekly and a newspaper of general circulation in the county in
1134	which it is located at least once a week for 2 weeks stating
1135	that it has received the proposal and will accept, for 60 days
1136	after the initial date of publication, other proposals for the
1137	same project purpose. A copy of the notice must be mailed to
1138	each local government in the affected areas. After the public
1139	notification period has expired, the authority shall rank the
1140	proposals in order of preference. In ranking the proposals, the
1141	authority shall consider professional qualifications, general
1142	business terms, innovative engineering or cost-reduction terms,
1143	finance plans, and the need for state funds to deliver the
1144	proposal. If the authority is not satisfied with the results of
1145	the negotiations, it may, at its sole discretion, terminate
1146	negotiations with the proposer. If these negotiations are
1147	unsuccessful, the authority may go to the second and lower-
1148	ranked firms, in order, using the same procedure. If only one
1149	proposal is received, the authority may negotiate in good faith
1150	and, if it is not satisfied with the results, it may, at its
1151	sole discretion, terminate negotiations with the proposer.
1152	Notwithstanding this subsection, the authority may, at its
1153	discretion, reject all proposals at any point in the process up
1154	to completion of a contract with the proposer.
1155	(4)  Agreements entered into pursuant to this section may
1156	authorize the public-private entity to impose tolls or fares for
1157	the use of the facility. However, the amount and use of toll or
1158	fare revenues shall be regulated by the authority to avoid
1159	unreasonable costs to users of the facility.
1160	(5)  Each public-private transportation facility
1161	constructed pursuant to this section shall comply with all
1162	requirements of federal, state, and local laws; state, regional,
1163	and local comprehensive plans; the authority's rules, policies,
1164	procedures, and standards for transportation facilities; and any
1165	other conditions that the authority determines to be in the
1166	public's best interest.
1167	(6)  The authority may exercise any of its powers,
1168	including eminent domain, to facilitate the development and
1169	construction of transportation projects pursuant to this
1170	section. The authority may pay all or part of the cost of
1171	operating and maintaining the facility or may provide services
1172	to the private entity for which it receives full or partial
1173	reimbursement for services rendered.
1174	(7)  Except as herein provided, this section is not
1175	intended to amend existing law by granting additional powers to
1176	or imposing further restrictions on the governmental entities
1177	with regard to regulating and entering into cooperative
1178	arrangements with the private sector for the planning,
1179	construction, and operation of transportation facilities.
1180	(8)  The authority may adopt rules to implement this
1181	section and shall, by rule, establish an application fee for the
1182	submission of unsolicited proposals under this section. The fee
1183	must be sufficient to pay the costs of evaluating the proposals.
1184	343.88  Covenant of the state.--The state does hereby
1185	pledge to, and agrees with, any person, firm or corporation, or
1186	federal or state agency subscribing to or acquiring the bonds to
1187	be issued by the authority for the purposes of this part that
1188	the state will not limit or alter the rights hereby vested in
1189	the authority and the department until all bonds at any time
1190	issued, together with the interest thereon, are fully paid and
1191	discharged insofar as the same affects the rights of the holders
1192	of bonds issued hereunder. The state does further pledge to, and
1193	agree with, the United States that, if any federal agency
1194	constructs or contributes any funds for the completion,
1195	extension, or improvement of the system or any part or portion
1196	thereof, the state will not alter or limit the rights and powers
1197	of the authority and the department in any manner which would be
1198	inconsistent with the continued maintenance and operation of the
1199	system or the completion, extension, or improvement thereof or
1200	which would be inconsistent with the due performance of any
1201	agreements between the authority and any such federal agency.
1202	The authority and the department shall continue to have and may
1203	exercise all powers herein granted so long as necessary or
1204	desirable for the carrying out of the purposes of this part and
1205	the purposes of the United States in the completion, extension,
1206	or improvement of the system or any part or portion thereof.
1207	343.881  Exemption from taxation.--The effectuation of the
1208	authorized purposes of the authority created under this part is
1209	for the benefit of the people of this state, for the increase of
1210	their commerce and prosperity, and for the improvement of their
1211	health and living conditions and, because the authority performs
1212	essential governmental functions in effectuating such purposes,
1213	the authority is not required to pay any taxes or assessments of
1214	any kind or nature whatsoever upon any property acquired or used
1215	by it for such purposes, or upon any rates, fees, rentals,
1216	receipts, income, or charges at any time received by it. The
1217	bonds issued by the authority, their transfer, and the income
1218	therefrom, including any profits made on the sale thereof, shall
1219	at all times be free from taxation of any kind by the state or
1220	by any political subdivision, taxing agency, or instrumentality
1221	thereof. The exemption granted by this section does not apply to
1222	any tax imposed by chapter 220 on interest, income, or profits
1223	on debt obligations owned by corporations.
1224	343.884  Eligibility for investments and security.--Any
1225	bonds or other obligations issued pursuant to this part shall be
1226	and constitute legal investments for banks, savings banks,
1227	trustees, executors, administrators, and all other fiduciaries
1228	and for all state, municipal, and other public funds and shall
1229	also be and constitute securities eligible for deposit as
1230	security for all state, municipal, or other public funds,
1231	notwithstanding the provisions of any other law to the contrary.
1232	343.885  Pledges enforceable by bondholders.--It is the
1233	express intention of this part that any pledge to the authority
1234	by the department of rates, fees, revenues, or other funds as
1235	rentals, or any covenants or agreements relative thereto, is
1236	enforceable in any court of competent jurisdiction against the
1237	authority or directly against the department by any holder of
1238	bonds issued by the authority.
1239	343.89  Complete and additional statutory authority.--
1240	(1)  The powers conferred by this part are supplemental to
1241	the existing powers of the board and the department. This part
1242	does not repeal any of the provisions of any other law, general,
1243	special, or local, but supersedes such other laws in the
1244	exercise of the powers provided in this part and provides a
1245	complete method for the exercise of the powers granted in this
1246	part. The extension and improvement of the system, and the
1247	issuance of bonds hereunder to finance all or part of the cost
1248	thereof, may be accomplished upon compliance with the provisions
1249	of this part without regard to or necessity for compliance with
1250	the provisions, limitations, or restrictions contained in any
1251	other general, special, or local law, including, but not limited
1252	to, s. 215.821. An approval of any bonds issued under this part
1253	by the qualified electors or qualified electors who are
1254	freeholders in the state or in any other political subdivision
1255	of the state is not required for the issuance of such bonds
1256	pursuant to this part.
1257	(2)  This part does not repeal, rescind, or modify any
1258	other law relating to the State Board of Administration, the
1259	Department of Transportation, or the Division of Bond Finance
1260	within the State Board of Administration; however, this part
1261	supersedes such other laws as are inconsistent with its
1262	provisions, including, but not limited to, s. 215.821.
1263	(3)  This part does not preclude the department from
1264	acquiring, holding, constructing, improving, maintaining,
1265	operating, or owning tolled or nontolled facilities funded and
1266	constructed from nonauthority sources that are part of the State
1267	Highway System within the geographical boundaries of the
1268	Northwest Florida Transportation Corridor Authority.
1269	Section 9.  Subsection (10) is added to section 337.251,
1270	Florida Statutes, to read:
1271	337.251  Lease of property for joint public-private
1272	development and areas above or below department property.--
1273	(10)  The department may adopt rules to administer the
1274	provisions of this section.
1275	Section 10.  Subsection (1) of section 337.406, Florida
1276	Statutes, is amended to read:
1277	337.406  Unlawful use of state transportation facility
1278	right-of-way; penalties.--
1279	(1)  Except when leased as provided in s. 337.25(5) or
1280	otherwise authorized by the rules of the department, it is
1281	unlawful to make any use of the right-of-way of any state
1282	transportation facility, including appendages thereto, outside
1283	of an incorporated municipality in any manner that interferes
1284	with the safe and efficient movement of people and property from
1285	place to place on the transportation facility.  Failure to
1286	prohibit the use of right-of-way in this manner will endanger
1287	the health, safety, and general welfare of the public by causing
1288	distractions to motorists, unsafe pedestrian movement within
1289	travel lanes, sudden stoppage or slowdown of traffic, rapid lane
1290	changing and other dangerous traffic movement, increased
1291	vehicular accidents, and motorist injuries and fatalities.  Such
1292	prohibited uses include, but are not limited to, the free
1293	distribution or sale, or display or solicitation for free
1294	distribution or sale, of any merchandise, goods, property or
1295	services; the solicitation for charitable purposes; the
1296	servicing or repairing of any vehicle, except the rendering of
1297	emergency service; the storage of vehicles being serviced or
1298	repaired on abutting property or elsewhere; and the display of
1299	advertising of any sort, except that any portion of a state
1300	transportation facility may be used for an art festival, parade,
1301	fair, or other special event if permitted by the appropriate
1302	local governmental entity. Local government entities Within
1303	incorporated municipalities, the local governmental entity may
1304	issue permits of limited duration for the temporary use of the
1305	right-of-way of a state transportation facility for any of these
1306	prohibited uses if it is determined that the use will not
1307	interfere with the safe and efficient movement of traffic and
1308	the use will cause no danger to the public. The permitting
1309	authority granted in this subsection shall be exercised by the
1310	municipality within incorporated municipalities and by the
1311	county outside an incorporated municipality. Before a road on
1312	the State Highway System may be temporarily closed for a special
1313	event, the local governmental entity which permits the special
1314	event to take place must determine that the temporary closure of
1315	the road is necessary and must obtain the prior written approval
1316	for the temporary road closure from the department. Nothing in
1317	this subsection shall be construed to authorize such activities
1318	on any limited access highway the Interstate Highway System.
1319	Local governmental entities may, within their respective
1320	jurisdictions, initiate enforcement action by the appropriate
1321	code enforcement authority or law enforcement authority for a
1322	violation of this section.
1323	Section 11.  Subsection (2) of section 339.55, Florida
1324	Statutes, is amended to read:
1325	339.55  State-funded infrastructure bank.--
1326	(2)  The bank may lend capital costs or provide credit
1327	enhancements for a transportation facility project that is on
1328	the State Highway System or that provides for increased mobility
1329	on the state's transportation system or provides intermodal
1330	connectivity with airports, seaports, rail facilities, and other
1331	transportation terminals, pursuant to s. 341.053, for the
1332	movement of people and goods. Loans from the bank may be
1333	subordinated to senior project debt that has an investment grade
1334	rating of "BBB" or higher. Notwithstanding any other provision
1335	of law, the total outstanding state-funded infrastructure bank
1336	loan repayments over the average term of the loan repayment
1337	period, as needed to meet the requirements of the documents
1338	authorizing the bonds issued or proposed to be issued under s.
1339	215.617 to be paid from the State Transportation Trust Fund, may
1340	not exceed 0.75 percent of the revenues deposited into the State
1341	Transportation Trust Fund.
1342	Section 12.  Section 373.4137, Florida Statutes, is amended
1343	to read:
1344	373.4137  Mitigation requirements for specified
1345	transportation projects.--
1346	(1)  The Legislature finds that environmental mitigation
1347	for the impact of transportation projects proposed by the
1348	Department of Transportation or a transportation authority
1349	established pursuant to chapter 348 or chapter 349 can be more
1350	effectively achieved by regional, long-range mitigation planning
1351	rather than on a project-by-project basis. It is the intent of
1352	the Legislature that mitigation to offset the adverse effects of
1353	these transportation projects be funded by the Department of
1354	Transportation and be carried out by the Department of
1355	Environmental Protection and the water management districts,
1356	including the use of mitigation banks established pursuant to
1357	this part.
1358	(2)  Environmental impact inventories for transportation
1359	projects proposed by the Department of Transportation or a
1360	transportation authority established pursuant to chapter 348 or
1361	chapter 349 shall be developed as follows:
1362	(a)  By July May 1 of each year, the Department of
1363	Transportation or a transportation authority established
1364	pursuant to chapter 348 or chapter 349 shall submit to the
1365	Department of Environmental Protection and the water management
1366	districts a copy of its adopted work program and an
1367	environmental impact inventory of habitats addressed in the
1368	rules adopted tentatively, pursuant to this part and s. 404 of
1369	the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted by
1370	its plan of construction for transportation projects in the next
1371	3 years of the tentative work program. The Department of
1372	Transportation or a transportation authority established
1373	pursuant to chapter 348 or chapter 349 may also include in its
1374	environmental impact inventory the habitat impacts of any future
1375	transportation project identified in the tentative work program.
1376	The Department of Transportation and each transportation
1377	authority established pursuant to chapter 348 or chapter 349 may
1378	fund any mitigation activities for future projects using current
1379	year funds.
1380	(b)  The environmental impact inventory shall include a
1381	description of these habitat impacts, including their location,
1382	acreage, and type; state water quality classification of
1383	impacted wetlands and other surface waters; any other state or
1384	regional designations for these habitats; and a survey of
1385	threatened species, endangered species, and species of special
1386	concern affected by the proposed project.
1387	(3)(a)  To fund development and implementation of the
1388	mitigation plan for the projected impacts identified in the
1389	environmental impact inventory described in subsection (2), the
1390	Department of Transportation shall identify funds quarterly in
1391	an escrow account within the State Transportation Trust Fund for
1392	the environmental mitigation phase of projects budgeted by the
1393	Department of Transportation for the current fiscal year. The
1394	escrow account shall be maintained by the Department of
1395	Transportation for the benefit of the Department of
1396	Environmental Protection and the water management districts. Any
1397	interest earnings from the escrow account shall remain with the
1398	Department of Transportation.
1399	(b)  Each transportation authority established pursuant to
1400	chapter 348 or chapter 349 that chooses to participate in this
1401	program shall create an escrow account within its financial
1402	structure and deposit funds in the account to pay for the
1403	environmental mitigation phase of projects budgeted for the
1404	current fiscal year. The escrow account shall be maintained by
1405	the authority for the benefit of the Department of Environmental
1406	Protection and the water management districts. Any interest
1407	earnings from the escrow account shall remain with the
1408	authority.
1409	(c)  Except for current mitigation projects in the
1410	monitoring and maintenance phase and except as allowed by
1411	paragraph (d), the Department of Environmental Protection or
1412	water management districts may request a transfer of funds from
1413	an escrow account no sooner than 30 days prior to the date the
1414	funds are needed to pay for activities associated with
1415	development or implementation of the approved mitigation plan
1416	described in subsection (4) for the current fiscal year,
1417	including, but not limited to, design, engineering, production,
1418	and staff support. Actual conceptual plan preparation costs
1419	incurred before plan approval may be submitted to the Department
1420	of Transportation or the appropriate transportation authority
1421	and the Department of Environmental Protection by November 1 of
1422	each year with the plan. The conceptual plan preparation costs
1423	of each water management district will be paid from mitigation
1424	funds associated with the environmental impact inventory for the
1425	current year based on the amount approved on the mitigation plan
1426	and allocated to the current fiscal year projects identified by
1427	the water management district. The amount transferred to the
1428	escrow accounts each year by the Department of Transportation
1429	and participating transportation authorities established
1430	pursuant to chapter 348 or chapter 349 shall correspond to a
1431	cost per acre of $75,000 multiplied by the projected acres of
1432	impact identified in the environmental impact inventory
1433	described in subsection (2). However, the $75,000 cost per acre
1434	does not constitute an admission against interest by the state
1435	or its subdivisions nor is the cost admissible as evidence of
1436	full compensation for any property acquired by eminent domain or
1437	through inverse condemnation. Each July 1, the cost per acre
1438	shall be adjusted by the percentage change in the average of the
1439	Consumer Price Index issued by the United States Department of
1440	Labor for the most recent 12-month period ending September 30,
1441	compared to the base year average, which is the average for the
1442	12-month period ending September 30, 1996. Each quarter At the
1443	end of each year, the projected acreage of impact shall be
1444	reconciled with the acreage of impact of projects as permitted,
1445	including permit modifications, pursuant to this part and s. 404
1446	of the Clean Water Act, 33 U.S.C. s. 1344. The subject year's
1447	transfer of funds shall be adjusted accordingly to reflect the
1448	acreage of impacts as permitted overtransfer or undertransfer of
1449	funds from the preceding year. The Department of Transportation
1450	and participating transportation authorities established
1451	pursuant to chapter 348 or chapter 349 are authorized to
1452	transfer such funds from the escrow accounts to the Department
1453	of Environmental Protection and the water management districts
1454	to carry out the mitigation programs. For a mitigation project
1455	that is in the maintenance and monitoring phase, the water
1456	management district may request and receive a one-time payment
1457	based on the project's expected future maintenance and
1458	monitoring costs. Upon disbursement of the final maintenance and
1459	monitoring payment, the escrow account for the project
1460	established by the Department of Transportation or the
1461	participating transportation authority may be closed. Any
1462	interest earned on these disbursed funds shall remain with the
1463	water management district and must be used as authorized under
1464	paragraph (4)(c).
1465	(d)  Beginning in the 2005-2006 fiscal year, each water
1466	management district shall be paid a lump-sum amount of $75,000
1467	per acre, adjusted as provided under paragraph (c), for
1468	federally funded transportation projects that are included on
1469	the environmental impact inventory and that have an approved
1470	mitigation plan. Beginning in the 2009-2010 fiscal year, each
1471	water management district shall be paid a lump-sum amount of
1472	$75,000 per acre, adjusted as provided under paragraph (c), for
1473	federally funded and nonfederally funded transportation projects
1474	that have an approved mitigation plan. All mitigation costs,
1475	including, but not limited to, the costs of preparing conceptual
1476	plans and the costs of design, construction, staff support,
1477	future maintenance, and monitoring the mitigated acres shall be
1478	funded through these lump-sum amounts.
1479	(4)  Prior to March December 1 of each year, each water
1480	management district, in consultation with the Department of
1481	Environmental Protection, the United States Army Corps of
1482	Engineers, the Department of Transportation, transportation
1483	authorities established pursuant to chapter 348 or chapter 349,
1484	and other appropriate federal, state, and local governments, and
1485	other interested parties, including entities operating
1486	mitigation banks, shall develop a plan for the primary purpose
1487	of complying with the mitigation requirements adopted pursuant
1488	to this part and 33 U.S.C. s. 1344. This plan shall also address
1489	significant invasive plant problems within wetlands and other
1490	surface waters. In developing such plans, the districts shall
1491	utilize sound ecosystem management practices to address
1492	significant water resource needs and shall focus on activities
1493	of the Department of Environmental Protection and the water
1494	management districts, such as surface water improvement and
1495	management (SWIM) projects waterbodies and lands identified for
1496	potential acquisition for preservation, restoration or, and
1497	enhancement, and the control of invasive and exotic plants in
1498	wetlands and other surface waters, to the extent that such
1499	activities comply with the mitigation requirements adopted under
1500	this part and 33 U.S.C. s. 1344. In determining the activities
1501	to be included in such plans, the districts shall also consider
1502	the purchase of credits from public or private mitigation banks
1503	permitted under s. 373.4136 and associated federal authorization
1504	and shall include such purchase as a part of the mitigation plan
1505	when such purchase would offset the impact of the transportation
1506	project, provide equal benefits to the water resources than
1507	other mitigation options being considered, and provide the most
1508	cost-effective mitigation option. The mitigation plan shall be
1509	submitted to preliminarily approved by the water management
1510	district governing board, or its designee, and shall be
1511	submitted to the secretary of the Department of Environmental
1512	Protection for review and final approval. The preliminary
1513	approval by the water management district governing board does
1514	not constitute a decision that affects substantial interests as
1515	provided by s. 120.569. At least 14 30 days prior to preliminary
1516	approval, the water management district shall provide a copy of
1517	the draft mitigation plan to any person who has requested a
1518	copy.
1519	(a)  For each transportation project with a funding request
1520	for the next fiscal year, the mitigation plan must include a
1521	brief explanation of why a mitigation bank was or was not chosen
1522	as a mitigation option, including an estimation of identifiable
1523	costs of the mitigation bank and nonbank options to the extent
1524	practicable.
1525	(b)  Specific projects may be excluded from the mitigation
1526	plan, in whole or in part, and shall not be subject to this
1527	section upon the agreement of the Department of Transportation,
1528	or a transportation authority if applicable, the Department of
1529	Environmental Protection, and the appropriate water management
1530	district that the inclusion of such projects would hamper the
1531	efficiency or timeliness of the mitigation planning and
1532	permitting process., or the Department of Environmental
1533	Protection and The water management district may choose to
1534	exclude a project in whole or in part if the district is are
1535	unable to identify mitigation that would offset the impacts of
1536	the project.
1537	(c)  Surface water improvement and management or invasive
1538	plant control projects undertaken using the $12 million advance
1539	transferred from the Department of Transportation to the
1540	Department of Environmental Protection in fiscal year 1996-1997
1541	which meet the requirements for mitigation under this part and
1542	33 U.S.C. s. 1344 shall remain available for mitigation until
1543	the $12 million is fully credited up to and including fiscal
1544	year 2005-2006. When these projects are used as mitigation, the
1545	$12 million advance shall be reduced by $75,000 per acre of
1546	impact mitigated. For any fiscal year through and including
1547	fiscal year 2005-2006, To the extent the cost of developing and
1548	implementing the mitigation plans is less than the funds placed
1549	in the escrow account amount transferred pursuant to subsection
1550	(3), the difference shall be retained by the Department of
1551	Transportation and credited towards the $12 million advance
1552	until the Department of Transportation is fully refunded for
1553	this advance funding. After the $12 million advance funding is
1554	fully credited Except as provided in this paragraph, any funds
1555	not directed to implement the mitigation plan should, to the
1556	greatest extent possible, be directed to fund invasive plant
1557	control within wetlands and other surface waters, SWIM projects,
1558	or other water-resource projects approved by the governing board
1559	of the water management district which may be appropriate to
1560	offset environmental impacts of future transportation projects.
1561	The water management districts may request these funds upon
1562	submittal of the final invoice for each road project.
1563	(5)  The water management district shall be responsible for
1564	ensuring that mitigation requirements pursuant to 33 U.S.C. s.
1565	1344 are met for the impacts identified in the environmental
1566	impact inventory described in subsection (2), by implementation
1567	of the approved plan described in subsection (4) to the extent
1568	funding is provided by the Department of Transportation, or a
1569	transportation authority established pursuant to chapter 348 or
1570	chapter 349, if applicable. During the federal permitting
1571	process, the water management district may deviate from the
1572	approved mitigation plan in order to comply with federal
1573	permitting requirements.
1574	(6)  The mitigation plans shall be updated annually to
1575	reflect the most current Department of Transportation work
1576	program and project list of a transportation authority
1577	established pursuant to chapter 348 or chapter 349, if
1578	applicable, and may be amended throughout the year to anticipate
1579	schedule changes or additional projects which may arise. Each
1580	update and amendment of the mitigation plan shall be submitted
1581	to the governing board of the water management district or its
1582	designee secretary of the Department of Environmental Protection
1583	for approval. However, such approval shall not be applicable to
1584	a deviation as described in subsection (5).
1585	(7)  Upon approval by the governing board of the water
1586	management district or its designee secretary of the Department
1587	of Environmental Protection, the mitigation plan shall be deemed
1588	to satisfy the mitigation requirements under this part for
1589	impacts specifically identified in the environmental impact
1590	inventory described in subsection (2) and any other mitigation
1591	requirements imposed by local, regional, and state agencies for
1592	these same impacts identified in the inventory described in
1593	subsection (2). The approval of the governing board of the water
1594	management district or its designee secretary shall authorize
1595	the activities proposed in the mitigation plan, and no other
1596	state, regional, or local permit or approval shall be necessary.
1597	(8)  This section shall not be construed to eliminate the
1598	need for the Department of Transportation or a transportation
1599	authority established pursuant to chapter 348 or chapter 349 to
1600	comply with the requirement to implement practicable design
1601	modifications, including realignment of transportation projects,
1602	to reduce or eliminate the impacts of its transportation
1603	projects on wetlands and other surface waters as required by
1604	rules adopted pursuant to this part, or to diminish the
1605	authority under this part to regulate other impacts, including
1606	water quantity or water quality impacts, or impacts regulated
1607	under this part that are not identified in the environmental
1608	impact inventory described in subsection (2).
1609	(9)  The process for environmental mitigation for the
1610	impact of transportation projects under this section shall be
1611	available to an expressway, bridge, or transportation authority
1612	established under chapter 348 or chapter 349. Use of this
1613	process may be initiated by an authority depositing the
1614	requisite funds into an escrow account set up by the authority
1615	and filing an environmental impact inventory with the
1616	appropriate water management district. An authority that
1617	initiates the environmental mitigation process established by
1618	this section shall comply with subsection (6) by timely
1619	providing the appropriate water management district and the
1620	Department of Environmental Protection with the requisite work
1621	program information. A water management district may draw down
1622	funds from the escrow account as provided in this section.
1623	Section 13.  Paragraph (b) of subsection (19) of section
1624	380.06, Florida Statutes, is amended to read:
1625	380.06  Developments of regional impact.--
1626	(19)  SUBSTANTIAL DEVIATIONS.--
1627	(b)  Any proposed change to a previously approved
1628	development of regional impact or development order condition
1629	which, either individually or cumulatively with other changes,
1630	exceeds any of the following criteria shall constitute a
1631	substantial deviation and shall cause the development to be
1632	subject to further development-of-regional-impact review without
1633	the necessity for a finding of same by the local government:
1634	1.  An increase in the number of parking spaces at an
1635	attraction or recreational facility by 5 percent or 300 spaces,
1636	whichever is greater, or an increase in the number of spectators
1637	that may be accommodated at such a facility by 5 percent or
1638	1,000 spectators, whichever is greater.
1639	2.  A new runway, a new terminal facility, a 25-percent
1640	lengthening of an existing runway, or a 25-percent increase in
1641	the number of gates of an existing terminal, but only if the
1642	increase adds at least three additional gates. However, if an
1643	airport is located in two counties, a 10-percent lengthening of
1644	an existing runway or a 20-percent increase in the number of
1645	gates of an existing terminal is the applicable criteria.
1646	3.  An increase in the number of hospital beds by 5 percent
1647	or 60 beds, whichever is greater.
1648	4.  An increase in industrial development area by 5 percent
1649	or 32 acres, whichever is greater.
1650	5.  An increase in the average annual acreage mined by 5
1651	percent or 10 acres, whichever is greater, or an increase in the
1652	average daily water consumption by a mining operation by 5
1653	percent or 300,000 gallons, whichever is greater.  An increase
1654	in the size of the mine by 5 percent or 750 acres, whichever is
1655	less.
1656	6.  An increase in land area for office development by 5
1657	percent or an increase of gross floor area of office development
1658	by 5 percent or 60,000 gross square feet, whichever is greater.
1659	7.  An increase in the storage capacity for chemical or
1660	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
1661	million pounds, whichever is greater.
1662	8.  An increase of development at a waterport of wet
1663	storage for 20 watercraft, dry storage for 30 watercraft, or
1664	wet/dry storage for 60 watercraft in an area identified in the
1665	state marina siting plan as an appropriate site for additional
1666	waterport development or a 5-percent increase in watercraft
1667	storage capacity, whichever is greater.
1668	9.  An increase in the number of dwelling units by 5
1669	percent or 50 dwelling units, whichever is greater.
1670	10.  An increase in commercial development by 50,000 square
1671	feet of gross floor area or of parking spaces provided for
1672	customers for 300 cars or a 5-percent increase of either of
1673	these, whichever is greater.
1674	11.  An increase in hotel or motel facility units by 5
1675	percent or 75 units, whichever is greater.
1676	12.  An increase in a recreational vehicle park area by 5
1677	percent or 100 vehicle spaces, whichever is less.
1678	13.  A decrease in the area set aside for open space of 5
1679	percent or 20 acres, whichever is less.
1680	14.  A proposed increase to an approved multiuse
1681	development of regional impact where the sum of the increases of
1682	each land use as a percentage of the applicable substantial
1683	deviation criteria is equal to or exceeds 100 percent. The
1684	percentage of any decrease in the amount of open space shall be
1685	treated as an increase for purposes of determining when 100
1686	percent has been reached or exceeded.
1687	15.  A 15-percent increase in the number of external
1688	vehicle trips generated by the development above that which was
1689	projected during the original development-of-regional-impact
1690	review.
1691	16.  Any change which would result in development of any
1692	area which was specifically set aside in the application for
1693	development approval or in the development order for
1694	preservation or special protection of endangered or threatened
1695	plants or animals designated as endangered, threatened, or
1696	species of special concern and their habitat, primary dunes, or
1697	archaeological and historical sites designated as significant by
1698	the Division of Historical Resources of the Department of State.
1699	The further refinement of such areas by survey shall be
1700	considered under sub-subparagraph (e)5.b.
1701
1702	The substantial deviation numerical standards in subparagraphs
1703	4., 6., 10., 14., excluding residential uses, and 15., are
1704	increased by 100 percent for a project certified under s.
1705	403.973 which creates jobs and meets criteria established by the
1706	Office of Tourism, Trade, and Economic Development as to its
1707	impact on an area's economy, employment, and prevailing wage and
1708	skill levels. The substantial deviation numerical standards in
1709	subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50
1710	percent for a project located wholly within an urban infill and
1711	redevelopment area designated on the applicable adopted local
1712	comprehensive plan future land use map and not located within
1713	the coastal high hazard area.
1714	Section 14.  Bicycle system study.--Prior to October 1,
1715	2005, the Department of Transportation shall perform a bicycle
1716	system study of bicycle facilities that are on or connected to
1717	the State Highway System. The results of the bicycle system
1718	study shall be presented to the Governor, the President of the
1719	Senate, and the Speaker of the House of Representatives by
1720	October 1, 2005. The bicycle system study shall include paved
1721	bicycle lanes, bicycle trails, bicycle paths, and any route or
1722	facility designated specifically for bicycle traffic. The study
1723	shall be performed by a consultant selected and funded by the
1724	department and shall be managed by the department's State
1725	Pedestrian and Bicycle Coordinator. The study shall include:
1726	(1)  Review of department standards for bicycle lanes to
1727	determine if they meet the needs of the state's bicyclists.
1728	(2)  Identification of state highways with existing
1729	designated bicycle lanes.
1730	(3)  Identification of state highways with no designated
1731	bicycle lanes and any constraints to incorporating these
1732	facilities.
1733	(4)  Providing electronic mapping of those facilities
1734	identified in subsections (2) and (3).
1735	(5)  Identification of all bicycle facility needs on the
1736	State Highway System.
1737	(6)  Review and identification of possible funding sources
1738	for new or improved facilities.
1739	(7)  A proposed implementation plan that will identify the
1740	incorporation of bicycle facilities on those state highways
1741	programmed for rehabilitation or new construction in the
1742	department's 5-year work program. The proposed plan must include
1743	the costs associated within the work program to add these
1744	facilities.
1745	Section 15.  This act shall take effect upon becoming a
1746	law.

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