Senate Bill sb0460c3

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    Florida Senate - 2005              CS for CS for CS for SB 460

    By the Committees on Transportation and Economic Development
    Appropriations; Governmental Oversight and Productivity;
    Transportation; and Senator Sebesta



    606-2354-05

  1                      A bill to be entitled

  2         An act relating to transportation; creating s.

  3         311.22, F.S.; establishing a program to provide

  4         matching funds for dredging projects in

  5         eligible counties; requiring that funds

  6         appropriated under the program be used for

  7         certain projects; requiring that the Florida

  8         Seaport Transportation and Economic Development

  9         Council adopt rules for evaluating the dredging

10         projects; providing criteria for the rules;

11         providing for a project-review process by the

12         Department of Community Affairs, the Department

13         of Transportation, and the Office of Tourism,

14         Trade, and Economic Development; amending s.

15         332.007, F.S.; authorizing the Department of

16         Transportation to fund certain eligible

17         aviation planning projects to be performed by

18         not-for-profit organizations representing a

19         majority of public airports; amending s.

20         322.14, F.S.; reducing the number of members of

21         the Secure Airports for Florida's Economy

22         (SAFE) Council; providing for the funding of

23         the council through annual grants made by the

24         Department of Transportation; authorizing the

25         council to contract for administrative support;

26         requiring the council to establish an advisory

27         board; authorizing the council to advise the

28         department on aviation issues; removing the

29         Department of Community Affairs from the review

30         of council products; eliminating the

31         requirement that airports fund the council;

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 1         abolishing the council by a specified date;

 2         amending s. 337.11, F.S.; adding written work

 3         orders to the type of documents covered by the

 4         department's contracting laws; specifying

 5         changes to surety bondholder's liability under

 6         certain circumstances; creating s. 337.195,

 7         F.S.; providing presumptions relating to

 8         liability in certain actions against the

 9         department; limiting liability, in certain

10         circumstances, of contractors and engineers

11         doing work for the department; amending

12         338.155, F.S.; providing that persons

13         participating in the funeral procession of a

14         law enforcement officer or firefighter killed

15         in the line of duty are exempt from paying

16         tolls; amending 339.175, F.S.; requiring

17         metropolitan planning organizations to have

18         recorded roll-votes and super-majority votes on

19         certain plans; amending s. 339.64, F.S.;

20         requiring the Florida Transportation Commission

21         to include as part of its annual work program

22         review an assessment of the department's

23         progress on the Strategic Intermodal System;

24         requiring an annual report to the Governor and

25         the Legislature by a certain time period;

26         directing the department to coordinate with

27         federal, regional, and local entities for

28         transportation planning that impacts military

29         installations; requiring the Strategic

30         Intermodal System Plan to include an assessment

31         of the impacts of proposed projects on military

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 1         installations; adding a military representative

 2         to the Governor's appointees to the Strategic

 3         Intermodal Transportation Advisory Council;

 4         deleting obsolete provisions; creating part IV

 5         of chapter 343, F.S., entitled "Northwest

 6         Florida Transportation Corridor Authority";

 7         providing a short title; providing definitions;

 8         creating the Northwest Florida Transportation

 9         Corridor Authority encompassing Escambia, Santa

10         Rosa, Okaloosa, Walton, Bay, Gulf, Franklin,

11         and Wakulla Counties; providing for a governing

12         body of the authority; providing for

13         membership, organization, purposes, and powers

14         of the authority; requiring a master plan;

15         providing for the U.S. 98 Corridor System;

16         prohibiting tolls on certain existing highways

17         and other transportation facilities within the

18         corridor; providing for procurement; providing

19         bond financing authority for improvements;

20         providing for bonds of the authority; providing

21         for fiscal agents; providing that the State

22         Board of Administration may act as fiscal

23         agent; providing for certain financial

24         agreements; providing for the rights and

25         remedies of bondholders; providing for a

26         lease-purchase agreement with the department;

27         authorizing the authority to appoint the

28         department as its agent for construction;

29         providing for acquisition of lands and

30         property; providing for cooperation with other

31         units, boards, agencies, and individuals;

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 1         providing for public-private partnerships;

 2         providing covenant of the state; providing for

 3         exemption from taxation; providing for

 4         eligibility for investments and security;

 5         providing that pledges are enforceable by

 6         bondholders; providing for complete and

 7         additional statutory authority for the

 8         department and other state agencies; amending

 9         s. 380.06, F.S., relating to developments of

10         regional impact; deleting a provision stating

11         criteria for determining when a change to

12         certain airports necessitates a review;

13         directing the Department of Transportation to

14         select and fund a consultant to perform a study

15         of bicycle facilities on or connected to the

16         State Highway System; requiring the results of

17         the study to be presented to the Governor and

18         the Legislature; providing for management of

19         the study by the State Pedestrian and Bicycle

20         Coordinator; providing for inclusion of certain

21         elements in the study; requiring the study to

22         include an implementation plan; providing an

23         effective date.

24  

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

26  

27         Section 1.  Section 311.22, Florida Statutes, is

28  created to read:

29         311.22  Additional authorization for funding certain

30  dredging projects.--

31  

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 1         (1)  The Florida Seaport Transportation and Economic

 2  Development Council shall establish a program to fund dredging

 3  projects in counties having a population of fewer than 300,000

 4  according to the last official census. Funds made available

 5  under this program may be used to fund approved projects for

 6  the dredging or deepening of channels, turning basins, or

 7  harbors on a 50-50 matching basis with any port authority, as

 8  such term is defined in s. 315.02(2), which complies with the

 9  permitting requirements in part IV of chapter 373 and the

10  local financial management and reporting provisions of part

11  III of chapter 218.

12         (2)  The council shall adopt rules for evaluating the

13  projects that may be funded pursuant to this section. The

14  rules must provide criteria for evaluating the economic

15  benefit of the project. The rules must include the creation of

16  an administrative review process by the council which is

17  similar to the process described in s. 311.09(5)-(12), and

18  provide for a review by the Department of Community Affairs,

19  the Department of Transportation, and the Office of Tourism,

20  Trade, and Economic Development of all projects submitted for

21  funding under this section.

22         Section 2.  Subsection (10) is added to section

23  332.007, Florida Statutes, to read:

24         332.007  Administration and financing of aviation and

25  airport programs and projects; state plan.--

26         (10)  The department may also fund eligible projects

27  performed by not-for-profit organizations that represent a

28  majority of public airports in this state. Eligible projects

29  may include activities associated with aviation master

30  planning, professional education, safety and security

31  planning, enhancing economic development and efficiency at

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 1  airports in this state, or other planning efforts to improve

 2  the viability of airports in this state.

 3         Section 3.  Section 332.14, Florida Statutes, is

 4  amended to read:

 5         332.14  Secure Airports for Florida's Economy

 6  Council.--

 7         (1)  This section shall be known by the popular name

 8  the "Secure Airports for Florida's Economy Act" or the "SAFE

 9  Act."

10         (2)  The Secure Airports for Florida's Economy (SAFE)

11  Council is created within the Department of Transportation.

12  The council shall consist of the following 7 27 members

13  appointed by the Department of Transportation from a list of

14  recommendations submitted by the Board of the Florida Airports

15  Council. Council members shall be the airport director, or his

16  or her designee, of each of the following types of airports:

17         (a)  One large-hub commercial airport.

18         (b)  One medium-hub commercial airport.

19         (c)  One small-hub commercial airport.

20         (d)  One non-hub commercial airport.

21         (e)  Two general aviation airports.

22         (f)  One general aviation reliever airport.

23  

24  Members shall serve two year terms.

25         (a)  The airport director, or his or her designee, of

26  each of the following airports:

27         1.  Daytona Beach International Airport.

28         2.  Ft. Lauderdale-Hollywood International Airport.

29         3.  Gainesville Regional Airport.

30         4.  Jacksonville International Airport.

31         5.  Key West International Airport.

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 1         6.  Melbourne International Airport.

 2         7.  Miami International Airport.

 3         8.  Naples Municipal Airport.

 4         9.  Okaloosa County Regional Airport.

 5         10.  Orlando International Airport.

 6         11.  Orlando-Sanford International Airport.

 7         12.  Palm Beach County International Airport.

 8         13.  Panama City-Bay County International Airport.

 9         14.  Pensacola Regional Airport.

10         15.  Sarasota-Bradenton International Airport.

11         16.  Southwest Florida International Airport.

12         17.  St. Petersburg-Clearwater International Airport.

13         18.  Tallahassee Regional Airport.

14         19.  Tampa International Airport.

15         (b)  The executive directors of two general aviation

16  airports appointed by the Florida Airports Council.

17         (c)  The secretary of the Department of Transportation

18  or his or her designee.

19         (d)  The director of the Office of Tourism, Trade, and

20  Economic Development or his or her designee.

21         (e)  The secretary of the Department of Community

22  Affairs or his or her designee.

23         (f)  The executive director of the Department of Law

24  Enforcement or his or her designee.

25         (g)  A representative of the airline industry appointed

26  by the Air Transport Association.

27         (h)  A representative of the general aviation industry

28  appointed by the Florida Aviation Trades Association.

29         (3)  The Department of Transportation shall fund the

30  council through annual grants made to the council. The

31  department shall fund the council from funds generated by s.

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 1  320.08058(33)(a), as well as other funds provided for in s.

 2  332.007. The council may contract for administrative support

 3  and services from not-for-profit organizations that represent

 4  a majority of public airports in this state.

 5         (4)  The council shall identify and use, to the extent

 6  necessary, airport, aviation industry, and agency

 7  representatives to advise it concerning its policy and

 8  planning activities. The council shall establish a SAFE

 9  Council Advisory Board to consist of representatives from

10  industry and local, state, and federal agencies including, but

11  not limited to, representatives of the Department of

12  Transportation, the Office of Tourism, Trade, and Economic

13  Development, the Department of Community Affairs, and the

14  Department of Law Enforcement.

15         (5)(3)  Members of the council shall serve without

16  compensation but are entitled to receive reimbursement for per

17  diem and travel expenses as provided in s. 112.061. The

18  council may elect to hire an administrative staff to provide

19  services to the council on matters relating to the SAFE Act

20  and the council.

21         (6)(4)  The council shall adopt bylaws governing the

22  manner in which the business of the council will be conducted.

23  The bylaws shall specify the procedure by which the chair of

24  the council is elected. The council shall meet at the call of

25  its chair, at the request of a majority of its membership, or

26  at such times as may be prescribed in its bylaws. However, the

27  council must meet at least once twice a year. All members of

28  the council are voting members. A majority of voting members

29  of the council constitutes a quorum for the purpose of

30  transacting the business of the council. A vote of the

31  majority of the members present is sufficient for any action

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 1  of the council, except that a member representing the

 2  Department of Transportation, the Department of Community

 3  Affairs, the Department of Law Enforcement, or the Office of

 4  Tourism, Trade, and Economic Development may vote to overrule

 5  any action of the council approving a project pursuant to

 6  paragraph (7)(a). The bylaws of the council may require a

 7  greater vote for a particular action.

 8         (7)(5)(a)  The council shall prepare a 5-year SAFE

 9  Master Plan defining the goals and objectives of the council

10  concerning the development of airport facilities and an

11  intermodal transportation system consistent with the goals of

12  the Florida Transportation Plan developed pursuant to s.

13  339.155. The SAFE Master Plan may shall include specific

14  recommendations for:

15         1.  Ensuring the safety, security, and economic

16  well-being of commercial service, general aviation airports,

17  and aviation-related infrastructure in this state. The

18  acquisition and construction of transportation facilities

19  connecting any airport to another transportation mode.

20         2.  The acquisition and construction of transportation

21  facilities or airport facilities for the purpose of protecting

22  the safety and security of passengers and cargo, enhancing

23  international trade, promoting cargo flow, increasing

24  enplanements, increasing airport revenues, and providing

25  economic benefits to the state.

26         (b)  The council shall update the 5-year SAFE Master

27  Plan annually and shall submit the plan, no later than

28  February 1 of each year, to the President of the Senate, the

29  Speaker of the House of Representatives, the Department of

30  Transportation, the Department of Community Affairs, the

31  

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 1  Department of Law Enforcement, and the Office of Tourism,

 2  Trade, and Economic Development.

 3         (8)(6)  The council shall make recommendations for the

 4  development of develop programs, based on an examination of

 5  existing programs in Florida and other states, for the

 6  training of minorities and secondary school students in job

 7  skills associated with employment opportunities in the

 8  aviation industry. Annually, the council shall report on the

 9  progress of these programs and make recommendations for

10  further action to the President of the Senate and the Speaker

11  of the House of Representatives.

12         (9)(7)  The SAFE council may use utilize, as

13  appropriate and with legislative spending authorization, any

14  federal, state, and local government contributions as well as

15  private donations to fund SAFE Master Plan projects.

16         (10)  The council shall be available to the Secretary

17  of Transportation to provide advice on issues pertaining to

18  the Florida Aviation System.

19         (11)(a)  The council shall adopt rules for evaluating

20  projects which may be funded under this act. The rules shall

21  provide criteria for evaluating the economic benefit of the

22  project, measured by the potential for the proposed project to

23  maintain or increase airport security, enplanements, cargo

24  flow, international commerce, airport revenues, and the number

25  of jobs for the airport's local community.

26         (b)  The council shall review and approve or disapprove

27  each project eligible to be funded pursuant to this act. The

28  council shall annually submit a list of projects which have

29  been approved by the council to the Secretary of

30  Transportation, the Secretary of Community Affairs, the

31  executive director of the Department of Law Enforcement, and

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 1  the director of the Office of Tourism, Trade, and Economic

 2  Development. The list shall specify the recommended funding

 3  level for each project, and, if staged implementation of the

 4  project is appropriate, the funding requirements for each

 5  stage shall be specified.

 6         1.  The Department of Community Affairs shall review

 7  the list of projects approved by the council to determine

 8  consistency with approved local government comprehensive plans

 9  of the units of local government in which the airport is

10  located and consistency with the airport master plan. The

11  Department of Community Affairs shall identify and notify the

12  council of those projects which are not consistent, to the

13  maximum extent feasible, with such comprehensive plans and

14  airport master plans.

15         (12)2.  The Department of Transportation shall review

16  the list of projects approved by the council for consistency

17  with the Florida Transportation Plan and the department's

18  adopted work program. In evaluating the consistency of a

19  project, the department shall determine whether the

20  transportation impact of the proposed project is adequately

21  handled by existing state-owned transportation facilities or

22  by the construction of additional state-owned transportation

23  facilities as identified in the Florida Transportation Plan

24  and the department's adopted work program. In reviewing for

25  consistency a transportation facility project as defined in s.

26  334.03(31) which is not otherwise part of the department's

27  work program, the department shall evaluate whether the

28  project is needed to provide for projected movement of cargo

29  or passengers from the airport to a state transportation

30  facility or local road. If the project is needed to provide

31  for projected movement of cargo or passengers, the project

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 1  shall be approved for consistency as a consideration to

 2  facilitate the economic development and growth of the state in

 3  a timely manner. The department shall identify those projects

 4  which are inconsistent with the Florida Transportation Plan

 5  and the adopted work program and shall notify the council of

 6  projects found to be inconsistent.

 7         (13)3.  The Office of Tourism, Trade, and Economic

 8  Development, in consultation with Enterprise Florida, Inc.,

 9  shall review the list of projects approved by the council to

10  evaluate the economic benefit of the project and to determine

11  whether the project is consistent with the SAFE Master Plan.

12  The Office of Tourism, Trade, and Economic Development shall

13  review the economic benefits of each project based upon the

14  rules adopted pursuant to subsection (11) paragraph (a). The

15  Office of Tourism, Trade, and Economic Development shall

16  identify those projects which it has determined do not offer

17  an economic benefit to the state or are not consistent with

18  the SAFE Master Plan and shall notify the council of its

19  findings.

20         (14)4.  The Department of Law Enforcement shall review

21  the list of projects approved by the council for consistency

22  with domestic security provisions of ss. 943.03101, 943.0311,

23  and 943.0312. The Department of Law Enforcement shall identify

24  those projects that it has determined are inconsistent with

25  the state's strategic plan for domestic security and shall

26  notify the council of its findings.

27         (8)  The council shall review the findings of the

28  Department of Community Affairs, the Department of Law

29  Enforcement, the Department of Transportation, and the Office

30  of Tourism, Trade, and Economic Development. Projects found to

31  be inconsistent by the review process under subparagraphs

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 1  (7)(b)1.-4. and projects which have been determined not to

 2  offer an economic benefit to the state by the review process

 3  under subparagraph (7)(b)3. shall be removed from the list of

 4  projects to be funded.

 5         (9)  The cost for administrative services of the

 6  council shall be paid by all airports that receive funding

 7  under the SAFE Act, based upon a pro rata formula measured by

 8  each recipient's share of the funds as compared to the total

 9  funds disbursed to all recipients during the year. The share

10  of costs for administrative services shall be paid in its

11  total amount by the recipient airport upon execution by the

12  airport and the Department of Transportation of a joint

13  participation agreement for each council-approved project, and

14  such payment is in addition to the matching funds required to

15  be paid by the recipient airport.

16         (15)(10)  Except as otherwise exempted by law, all

17  moneys derived from the SAFE programs shall be expended in

18  accordance with the provisions of s. 287.057. Airports subject

19  to competitive negotiation requirements of a local governing

20  body are exempt from this requirement.

21         (16)(11)  Project funding expended pursuant to this act

22  shall be monitored for compliance with all applicable laws.

23         (17)  The council is abolished on January 1, 2009.

24         Section 4.  Subsection (8) of section 337.11, Florida

25  Statutes, is amended to read:

26         337.11  Contracting authority of department; bids;

27  emergency repairs, supplemental agreements, and change orders;

28  combined design and construction contracts; progress payments;

29  records; requirements of vehicle registration.--

30         (8)(a)  The department shall permit the use of written

31  supplemental agreements, written work orders pursuant to a

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 1  contingency pay item or contingency supplemental agreement,

 2  and written change orders to any contract entered into by the

 3  department.  Any supplemental agreement shall be reduced to

 4  written contract form, approved by the contractor's surety,

 5  and executed by the contractor and the department.  Any

 6  supplemental agreement modifying any item in the original

 7  contract must be approved by the head of the department, or

 8  his or her designee, and executed by the appropriate person

 9  designated by him or her. Any surety issuing a bond under s.

10  337.18 shall be fully liable under such surety bond to the

11  full extent of any modified contract amount up to and

12  including 25 percent over the original contract amount and

13  without regard to the fact that the surety was not aware of or

14  did not approve such modifications. However, if modifications

15  of the original contract amount cumulatively result in

16  modifications of the contract amount in excess of 25 percent

17  of the original contract amount, the surety's approval shall

18  be required to bind the surety under the bond on that portion

19  in excess of 25 percent of the original contract amount.

20         (b)  Supplemental agreements and written work orders

21  pursuant to a contingency pay item or contingency supplemental

22  agreement shall be used to clarify the plans and

23  specifications of a contract; to provide for major quantity

24  differences which result in the contractor's work effort

25  exceeding the original contract amount by more than 5 percent;

26  to provide for unforeseen work, grade changes, or alterations

27  in plans which could not reasonably have been contemplated or

28  foreseen in the original plans and specifications; to change

29  the limits of construction to meet field conditions; to

30  provide a safe and functional connection to an existing

31  pavement; to settle contract claims; and to make the project

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 1  functionally operational in accordance with the intent of the

 2  original contract. Supplemental agreements may be used to

 3  expand the physical limits of a project only to the extent

 4  necessary to make the project functionally operational in

 5  accordance with the intent of the original contract. The cost

 6  of any such agreement extending the physical limits of a

 7  project shall not exceed $100,000 or 10 percent of the

 8  original contract price, whichever is greater.

 9         (c)  Written change orders may be issued by the

10  department and accepted by the contractor covering minor

11  changes in the plans, specifications, or quantities of work

12  within the scope of a contract, when prices for the items of

13  work affected are previously established in the contract, but

14  in no event may such change orders extend the physical limits

15  of the work.

16         (d)  For the purpose of this section, the term

17  "physical limits" means the length or width of any project and

18  specifically includes drainage facilities not running parallel

19  to the project.  The length and width of temporary connections

20  affected by such supplemental agreements shall be established

21  in accordance with current engineering practice.

22         (e)  Upon completion and final inspection of the

23  contract work, the department may accept the improvement if it

24  is in substantial compliance with the plans, specifications,

25  special provisions, proposals, and contract and if a proper

26  adjustment in the contract price is made.

27         (f)  Any supplemental agreement or change order in

28  violation of this section is null and void and unenforceable

29  for payment.

30         Section 5.  Section 337.195, Florida Statutes, is

31  created to read:

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 1         337.195  Limits on liability.--

 2         (1)  In a civil action for the death of or injury to a

 3  person, or for damage to property, against the Department of

 4  Transportation or its agents, consultants, or contractors for

 5  work performed on a highway, road, street, bridge, or other

 6  transportation facility when the death, injury, or damage

 7  resulted from a motor vehicle crash within a construction zone

 8  in which the driver of one of the vehicles was under the

 9  influence of alcoholic beverages as set forth in s. 316.193,

10  under the influence of any chemical substance as set forth in

11  s. 877.111, or illegally under the influence of any substance

12  controlled under chapter 893 to the extent that her or his

13  normal faculties were impaired or that she or he operated a

14  vehicle at an unlawful speed as prohibited in s. 316.183, it

15  is presumed that the driver's operation of the vehicle was the

16  sole proximate cause of the death, injury, or damage. This

17  presumption can be overcome if the gross negligence or

18  intentional misconduct of the Department of Transportation, or

19  of its agents, consultants, or contractors, was a proximate

20  cause of the death, injury, or damage.

21         (2)  A contractor who constructs, maintains, or repairs

22  a highway, road, street, bridge, or other transportation

23  facility for the Department of Transportation is not liable to

24  a claimant for personal injury, property damage, or death

25  arising from the performance of the construction, maintenance,

26  or repair if, at the time of the personal injury, property

27  damage, or death, the contractor was in compliance with

28  contract documents material to the condition that was the

29  proximate cause of the personal injury, property damage, or

30  death.

31  

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 1         (a)  The limitation on liability contained in this

 2  subsection does not apply when the proximate cause of the

 3  personal injury, property damage, or death is found to be a

 4  latent condition, defect, error, or omission that was created

 5  by the contractor and not a defect, error, or omission in the

 6  contract documents.

 7         (b)  If an error or omission in the contract documents

 8  is open and obvious, nothing in this subsection shall be

 9  interpreted or construed as relieving the contractor of any

10  obligation to provide the Department of Transportation with

11  written notice of the error or omission.

12         (c)  Nothing in this subsection shall be interpreted or

13  construed to alter or affect any claim of the Department of

14  Transportation against such contractor.

15         (3)  In all cases involving personal injury, property

16  damage, or death, a person or entity who contracts to prepare

17  or provide engineering plans for the construction or repair of

18  a highway, road, street, bridge, or other transportation

19  facility for the Department of Transportation shall be

20  presumed to have prepared such engineering plans using the

21  degree of care and skill ordinarily exercised by other

22  engineers in the field under similar conditions and in similar

23  localities and with due regard for acceptable engineering

24  standards and principles if the engineering plans conformed to

25  the Department of Transportation's design standards material

26  to the condition or defect that was the proximate cause of the

27  person injury, property damage, or death. This presumption can

28  be overcome only upon a showing of the person's or entity's

29  gross negligence in the preparation of the engineering plans

30  and shall not be interpreted or construed to alter or affect

31  

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 1  any claim of the Department of Transportation against such

 2  person or entity.

 3         Section 6.  Subsection (1) of section 338.155, Florida

 4  Statutes, is amended to read:

 5         338.155  Payment of toll on toll facilities required;

 6  exemptions.--

 7         (1)  No persons are permitted to use any toll facility

 8  without payment of tolls, except employees of the agency

 9  operating the toll project when using the toll facility on

10  official state business, state military personnel while on

11  official military business, handicapped persons as provided in

12  this section, persons exempt from toll payment by the

13  authorizing resolution for bonds issued to finance the

14  facility, and persons exempt on a temporary basis where use of

15  such toll facility is required as a detour route. Any law

16  enforcement officer operating a marked  official vehicle is

17  exempt from toll payment when on official law enforcement

18  business. Any person operating a fire vehicle when on official

19  business or a rescue vehicle when on official business is

20  exempt from toll payment. Any person participating in the

21  funeral procession of a law enforcement officer or firefighter

22  killed in the line of duty is exempt from toll payment. The

23  secretary, or the secretary's designee, may suspend the

24  payment of tolls on a toll facility when necessary to assist

25  in emergency evacuation. The failure to pay a prescribed toll

26  constitutes a noncriminal traffic infraction, punishable as a

27  moving violation pursuant to s. 318.18. The department is

28  authorized to adopt rules relating to guaranteed toll

29  accounts.

30         Section 7.  Subsection (12) is added to section

31  339.175, Florida Statutes, to read:

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 1         339.175  Metropolitan planning organization.--It is the

 2  intent of the Legislature to encourage and promote the safe

 3  and efficient management, operation, and development of

 4  surface transportation systems that will serve the mobility

 5  needs of people and freight within and through urbanized areas

 6  of this state while minimizing transportation-related fuel

 7  consumption and air pollution. To accomplish these objectives,

 8  metropolitan planning organizations, referred to in this

 9  section as M.P.O.'s, shall develop, in cooperation with the

10  state and public transit operators, transportation plans and

11  programs for metropolitan areas. The plans and programs for

12  each metropolitan area must provide for the development and

13  integrated management and operation of transportation systems

14  and facilities, including pedestrian walkways and bicycle

15  transportation facilities that will function as an intermodal

16  transportation system for the metropolitan area, based upon

17  the prevailing principles provided in s. 334.046(1). The

18  process for developing such plans and programs shall provide

19  for consideration of all modes of transportation and shall be

20  continuing, cooperative, and comprehensive, to the degree

21  appropriate, based on the complexity of the transportation

22  problems to be addressed. To ensure that the process is

23  integrated with the statewide planning process, M.P.O.'s shall

24  develop plans and programs that identify transportation

25  facilities that should function as an integrated metropolitan

26  transportation system, giving emphasis to facilities that

27  serve important national, state, and regional transportation

28  functions. For the purposes of this section, those facilities

29  include the facilities on the Strategic Intermodal System

30  designated under s. 339.63.

31  

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 1         (12)  VOTING REQUIREMENTS.--Each long-range

 2  transportation plan required pursuant to subsection (6); each

 3  annually updated Transportation Improvement Program required

 4  under subsection (7), and each amendment that affects projects

 5  in the first 3 years of such plans and programs, must be

 6  approved by each M.P.O. on a recorded roll call vote of the

 7  membership present.

 8         Section 8.  Section 339.64, Florida Statutes, is

 9  amended to read:

10         339.64  Strategic Intermodal System Plan.--

11         (1)  The department shall develop, in cooperation with

12  metropolitan planning organizations, regional planning

13  councils, local governments, the Statewide Intermodal

14  Transportation Advisory Council and other transportation

15  providers, a Strategic Intermodal System Plan. The plan shall

16  be consistent with the Florida Transportation Plan developed

17  pursuant to s. 339.155 and shall be updated at least once

18  every 5 years, subsequent to updates of the Florida

19  Transportation Plan.

20         (2)  In association with the continued development of

21  the initial Strategic Intermodal System Plan and other

22  transportation plans, the Florida Transportation Commission,

23  as part of its work program review process, shall conduct an

24  annual assessment of the progress that the department and its

25  transportation partners have made in realizing the goals of

26  economic development, improved mobility, and increased

27  intermodal connectivity need for an improved philosophical

28  approach to regional and intermodal input in the planning for

29  and governing of the Strategic Intermodal System and other

30  transportation systems. The Florida Transportation Commission

31  shall coordinate with the department, the Statewide Intermodal

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 1  Transportation Advisory Council, and other appropriate

 2  entities when developing this assessment. The Florida

 3  Transportation Commission shall deliver a report to the

 4  Governor and Legislature no later than 14 days after the

 5  regular session begins by December 15, 2003, with

 6  recommendations as necessary to fully implement the Strategic

 7  Intermodal System.

 8         (3)(a)  During the development of updates to the

 9  Strategic Intermodal System Plan and the development of all

10  subsequent updates, the department shall provide metropolitan

11  planning organizations, regional planning councils, local

12  governments, transportation providers, affected public

13  agencies, and citizens with an opportunity to participate in

14  and comment on the development of the proposed plan or update.

15         (b)  The department also shall coordinate with federal,

16  regional, and local partners the planning for the Strategic

17  Highway Network and the Strategic Rail Corridor Network

18  transportation facilities that either are included in the

19  Strategic Intermodal System or that provide a direct

20  connection between military installations and the Strategic

21  Intermodal System. In addition, the department shall

22  coordinate with regional and local partners to determine

23  whether the road and other transportation infrastructure that

24  connects military installations to the Strategic Intermodal

25  System, the Strategic Highway Network, or the Strategic Rail

26  Corridor is regionally significant and should be included in

27  the Strategic Intermodal System Plan.

28         (4)  The Strategic Intermodal System Plan shall include

29  the following:

30         (a)  A needs assessment.

31         (b)  A project prioritization process.

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 1         (c)  A map of facilities designated as Strategic

 2  Intermodal System facilities; and facilities that are emerging

 3  in importance that are likely to become part of the system in

 4  the future; and planned facilities that will meet the

 5  established criteria.

 6         (d)  A finance plan based on reasonable projections of

 7  anticipated revenues, including both 10-year and 20-year

 8  cost-feasible components.

 9         (e)  An assessment of the impacts of proposed

10  improvements to Strategic Intermodal System corridors on

11  military installations that are either located directly on the

12  Strategic Intermodal System or located on the Strategic

13  Highway Network or Strategic Rail Corridor Network.

14         (5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY

15  COUNCIL.--

16         (a)  The Statewide Intermodal Transportation Advisory

17  Council is created to advise and make recommendations to the

18  Legislature and the department on policies, planning, and

19  funding of intermodal transportation projects. The council's

20  responsibilities shall include:

21         1.  Advising the department on the policies, planning,

22  and implementation of strategies related to intermodal

23  transportation.

24         2.  Providing advice and recommendations to the

25  Legislature on funding for projects to move goods and people

26  in the most efficient and effective manner for the State of

27  Florida.

28         (b)  MEMBERSHIP.--Members of the Statewide Intermodal

29  Transportation Advisory Council shall consist of the

30  following:

31  

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 1         1.  Six Five intermodal industry representatives

 2  selected by the Governor as follows:

 3         a.  One representative from an airport involved in the

 4  movement of freight and people from their airport facility to

 5  another transportation mode.

 6         b.  One individual representing a fixed-route,

 7  local-government transit system.

 8         c.  One representative from an intercity bus company

 9  providing regularly scheduled bus travel as determined by

10  federal regulations.

11         d.  One representative from a spaceport.

12         e.  One representative from intermodal trucking

13  companies.

14         f.  One representative having command responsibilities

15  of a major military installation.

16         2.  Three intermodal industry representatives selected

17  by the President of the Senate as follows:

18         a.  One representative from major-line railroads.

19         b.  One representative from seaports listed in s.

20  311.09(1) from the Atlantic Coast.

21         c.  One representative from an airport involved in the

22  movement of freight and people from their airport facility to

23  another transportation mode.

24         3.  Three intermodal industry representatives selected

25  by the Speaker of the House of Representatives as follows:

26         a.  One representative from short-line railroads.

27         b.  One representative from seaports listed in s.

28  311.09(1) from the Gulf Coast.

29         c.  One representative from intermodal trucking

30  companies. In no event may this representative be employed by

31  

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 1  the same company that employs the intermodal trucking company

 2  representative selected by the Governor.

 3         (c)  Initial appointments to the council must be made

 4  no later than 30 days after the effective date of this

 5  section.

 6         1.  The initial appointments made by the President of

 7  the Senate and the Speaker of the House of Representatives

 8  shall serve terms concurrent with those of the respective

 9  appointing officer. Beginning January 15, 2005, and for all

10  subsequent appointments, council members appointed by the

11  President of the Senate and the Speaker of the House of

12  Representatives shall serve 2-year terms, concurrent with the

13  term of the respective appointing officer.

14         2.  The initial appointees, and all subsequent

15  appointees, made by the Governor shall serve 2-year terms.

16         3.  Vacancies on the council shall be filled in the

17  same manner as the initial appointments.

18         (d)  Each member of the council shall be allowed one

19  vote. The council shall select a chair from among its

20  membership. Meetings shall be held at the call of the chair,

21  but not less frequently than quarterly. The members of the

22  council shall be reimbursed for per diem and travel expenses

23  as provided in s. 112.061.

24         (e)  The department shall provide administrative staff

25  support and shall ensure that council meetings are

26  electronically recorded. Such recordings and all documents

27  received, prepared for, or used by the council in conducting

28  its business shall be preserved pursuant to chapters 119 and

29  257.

30         Section 9.  Part IV of chapter 343, Florida Statutes,

31  consisting of sections 343.80, 343.805, 343.81, 343.82,

                                  24

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 1  343.83, 343.835, 343.836, 343.837, 343.84, 343.85, 343.87,

 2  343.875, 343.88, 343.881, 343.884, 343.885, and 343.89, is

 3  created to read:

 4                             PART IV

 5       NORTHWEST FLORIDA TRANSPORTATION CORRIDOR AUTHORITY

 6         343.80  Short title.--This part may be cited as the

 7  "Northwest Florida Transportation Corridor Authority Law."

 8         343.805  Definitions.--As used in this part, the term:

 9         (1)  "Agency of the state" means the state and any

10  department of, or corporation, agency, or instrumentality

11  heretofore or hereafter created, designated, or established

12  by, the state.

13         (2)  "Authority" means the body politic and corporate

14  and agency of the state created by this part.

15         (3)  "Bonds" means the notes, bonds, refunding bonds,

16  or other evidences of indebtedness or obligations, in either

17  temporary or definitive form, which the authority is

18  authorized to issue pursuant to this part.

19         (4)  "Department" means the Department of

20  Transportation existing under chapters 334-339.

21         (5)  "Federal agency" means the United States, the

22  President of the United States, and any department of, or

23  corporation, agency, or instrumentality heretofore or

24  hereafter created, designated, or established by, the United

25  States.

26         (6)  "Lease-purchase agreement" means the

27  lease-purchase agreements that the authority is authorized

28  pursuant to this part to enter into with the Department of

29  Transportation.

30         (7)  "Limited access expressway" or "expressway" means

31  a street or highway especially designed for through traffic

                                  25

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 1  and over, from, or to which a person does not have the right

 2  of easement, use, or access except in accordance with the

 3  rules adopted and established by the authority for the use of

 4  such facility. Such highway or street may be a parkway, from

 5  which trucks, buses, and other commercial vehicles are

 6  excluded, or it may be a freeway open to use by all customary

 7  forms of street and highway traffic.

 8         (8)  "Members" means the governing body of the

 9  authority, and the term "member" means one of the individuals

10  constituting such governing body.

11         (9)  "State Board of Administration" means the body

12  corporate existing under the provisions of s. 9, Art. XII of

13  the State Constitution, or any successor thereto.

14         (10)  "U.S. 98 corridor" means U.S. Highway 98 and any

15  feeder roads, reliever roads, connector roads, bridges, and

16  other transportation appurtenances, existing or constructed in

17  the future, that support U.S. Highway 98 in Escambia, Santa

18  Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla

19  Counties.

20         (11)  "U.S. 98 corridor system" means any and all

21  expressways and appurtenant facilities, including, but not

22  limited to, all approaches, roads, bridges, and avenues of

23  access for the expressways that are either built by the

24  authority or whose ownership is transferred to the authority

25  by other governmental or private entities.

26  

27  Terms importing singular number include the plural number in

28  each case and vice versa, and terms importing persons include

29  firms and corporations.

30         343.81  Northwest Florida Transportation Corridor

31  Authority.--

                                  26

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 1         (1)  There is created and established a body politic

 2  and corporate, an agency of the state, to be known as the

 3  Northwest Florida Transportation Corridor Authority,

 4  hereinafter referred to as "the authority."

 5         (2)(a)  The governing body of the authority shall

 6  consist of eight voting members, one each from Escambia, Santa

 7  Rosa, Walton, Okaloosa, Bay, Gulf, Franklin, and Wakulla

 8  Counties, appointed by the Governor to a 4-year term. The

 9  appointees shall be residents of their respective counties.

10  Upon the effective date of his or her appointment, or as soon

11  thereafter as practicable, each appointed member of the

12  authority shall enter upon his or her duties. Each appointed

13  member shall hold office until his or her successor has been

14  appointed and has qualified. A vacancy occurring during a term

15  shall be filled only for the balance of the unexpired term.

16  Any member of the authority shall be eligible for

17  reappointment. Members of the authority may be removed from

18  office by the Governor for misconduct, malfeasance,

19  misfeasance, or nonfeasance in office.

20         (b)  The district secretary of the Department of

21  Transportation serving Northwest Florida shall serve as an ex

22  officio, nonvoting member.

23         (3)(a)  The authority shall elect one of its members as

24  chair and shall also elect a secretary and a treasurer who may

25  or may not be members of the authority. The chair, secretary,

26  and treasurer shall hold such offices at the will of the

27  authority.

28         (b)  Five members of the authority shall constitute a

29  quorum, and the vote of at least five members shall be

30  necessary for any action taken by the authority. A vacancy in

31  the authority does not impair the right of a quorum of the

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 1  authority to exercise all of the rights and perform all of the

 2  duties of the authority.

 3         (c)  The authority shall meet at least quarterly but

 4  may meet more frequently upon the call of the chair. The

 5  authority should alternate the locations of its meetings among

 6  the seven counties.

 7         (4)  Members of the authority shall serve without

 8  compensation but shall be entitled to receive from the

 9  authority their travel expenses and per diem incurred in

10  connection with the business of the authority, as provided in

11  s. 112.061.

12         (5)  The authority may employ an executive director, an

13  executive secretary, its own counsel and legal staff,

14  technical experts, engineers, and such employees, permanent or

15  temporary, as it may require. The authority shall determine

16  the qualifications and fix the compensation of such persons,

17  firms, or corporations and may employ a fiscal agent or

18  agents; however, the authority shall solicit sealed proposals

19  from at least three persons, firms, or corporations for the

20  performance of any services as fiscal agents. The authority

21  may delegate to one or more of its agents or employees its

22  power as it shall deem necessary to carry out the purposes of

23  this part, subject always to the supervision and control of

24  the authority.

25         (6)  The authority may establish technical advisory

26  committees to provide guidance and advice on corridor-related

27  issues. The authority shall establish the size, composition,

28  and focus of any technical advisory committee created. A

29  member appointed to a technical advisory committee shall serve

30  without compensation but shall be entitled to per diem or

31  travel expenses, as provided in s. 112.061.

                                  28

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 1         343.82  Purposes and powers.--

 2         (1)  The primary purpose of the authority is to improve

 3  mobility on the U.S. 98 corridor in Northwest Florida to

 4  enhance traveler safety, identify and develop hurricane

 5  evacuation routes, promote economic development along the

 6  corridor, and implement transportation projects to alleviate

 7  current or anticipated traffic congestion.

 8         (2)  The authority is authorized to construct any

 9  feeder roads, reliever roads, connector roads, bypasses, or

10  appurtenant facilities that are intended to improve mobility

11  along the U.S. 98 corridor. The transportation improvement

12  projects may also include all necessary approaches, roads,

13  bridges, and avenues of access that are desirable and proper

14  with the concurrence, where applicable, of the department if

15  the project is to be part of the State Highway System or the

16  respective county or municipal governing boards. Any

17  transportation facilities constructed by the authority may be

18  tolled.

19         (3)(a)  The authority shall develop and adopt a

20  corridor master plan no later than July 1, 2007. The goals and

21  objectives of the master plan are to identify areas of the

22  corridor where mobility, traffic safety, and efficient

23  hurricane evacuation needs to be improved; evaluate the

24  economic development potential of the corridor and consider

25  strategies to develop that potential; develop methods of

26  building partnerships with local governments, other state and

27  federal entities, the private-sector business community, and

28  the public in support of corridor improvements; and to

29  identify projects that will accomplish these goals and

30  objectives.

31  

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 1         (b)  After its adoption, the master plan shall be

 2  updated annually before July 1 of each year.

 3         (c)  The authority shall present the original master

 4  plan and updates to the governing bodies of the counties

 5  within the corridor and to the legislative delegation members

 6  representing those counties within 90 days after adoption.

 7         (d)  The authority may undertake projects or other

 8  improvements in the master plan in phases as particular

 9  projects or segments thereof become feasible, as determined by

10  the authority. In carrying out its purposes and powers, the

11  authority may request funding and technical assistance from

12  the department and appropriate federal and local agencies,

13  including, but not limited to, state infrastructure bank

14  loans, advances from the Toll Facilities Revolving Trust Fund,

15  and from any other sources.

16         (4)  The authority is granted and shall have and may

17  exercise all powers necessary, appurtenant, convenient, or

18  incidental to the carrying out of the aforesaid purposes,

19  including, but not limited to, the following rights and

20  powers:

21         (a)  To acquire, hold, construct, improve, maintain,

22  operate, own, and lease in the capacity of lessor

23  transportation facilities within the U.S. 98 corridor.

24         (b)  To borrow money and to make and issue negotiable

25  notes, bonds, refunding bonds, and other evidences of

26  indebtedness or obligations, either in temporary or definitive

27  form, hereinafter in this chapter sometimes called "revenue

28  bonds" of the authority, for the purpose of financing all or

29  part of the mobility improvements within the U.S. 98 corridor,

30  as well as the appurtenant facilities, including all

31  approaches, streets, roads, bridges, and avenues of access

                                  30

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 1  authorized by this part, the bonds to mature not exceeding 40

 2  years after the date of the issuance thereof, and to secure

 3  the payment of such bonds or any part thereof by a pledge of

 4  any or all of its revenues, rates, fees, rentals, or other

 5  charges.

 6         (c)  To fix, alter, charge, establish, and collect

 7  tolls, rates, fees, rentals, and other charges for the

 8  services and facilities of the Northwest Florida

 9  Transportation Corridor System, which rates, fees, rentals,

10  and other charges shall always be sufficient to comply with

11  any covenants made with the holders of any bonds issued

12  pursuant to this part; however, such right and power may be

13  assigned or delegated by the authority to the department. The

14  authority may not impose tolls or other charges on existing

15  highways and other transportation facilities within the

16  corridor.

17         (d)  To acquire by donation or otherwise, purchase,

18  hold, lease as lessee, and use any franchise, property, real,

19  personal, or mixed, tangible or intangible, or any options

20  thereof in its own name or in conjunction with others, or

21  interest therein, necessary or desirable for carrying out the

22  purposes of the authority and to sell, lease as lessor,

23  transfer, and dispose of any property or interest therein at

24  any time acquired by it.

25         (e)  To sue and be sued, implead and be impleaded,

26  complain, and defend in all courts.

27         (f)  To adopt, use, and alter at will a corporate seal.

28         (g)  To enter into and make leases.

29         (h)  To enter into and make lease-purchase agreements

30  with the department for terms not exceeding 40 years or until

31  any bonds secured by a pledge of rentals thereunder, and any

                                  31

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 1  refundings thereof, are fully paid as to both principal and

 2  interest, whichever is longer.

 3         (i)  To make contracts of every name and nature,

 4  including, but not limited to, partnerships providing for

 5  participation in ownership and revenues, and to execute all

 6  instruments necessary or convenient for the carrying on of its

 7  business.

 8         (j)  Without limitation of the foregoing, to borrow

 9  money and accept grants from and to enter into contracts,

10  leases, or other transactions with any federal agency, the

11  state, any agency of the state, or any other public body of

12  the state.

13         (k)  To have the power of eminent domain, including the

14  procedural powers granted under chapters 73 and 74.

15         (l)  To pledge, hypothecate, or otherwise encumber all

16  or any part of the revenues, rates, fees, rentals, or other

17  charges or receipts of the authority.

18         (m)  To enter into partnership and other agreements

19  respecting ownership and revenue participation in order to

20  facilitate financing and constructing any project or portions

21  thereof.

22         (n)  To participate in agreements with private entities

23  and to receive private contributions.

24         (o)  To contract with the department or with a private

25  entity for the operation of traditional and electronic toll

26  collection facilities along the U.S. 98 corridor.

27         (p)  To do all acts and things necessary or convenient

28  for the conduct of its business and the general welfare of the

29  authority in order to carry out the powers granted to it by

30  this part or any other law.

31  

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 1         (q)  To construct, operate, and maintain roads,

 2  bridges, avenues of access, thoroughfares, and boulevards and

 3  to construct, repair, replace, operate, install, and maintain

 4  electronic toll payment systems thereon, with all necessary

 5  and incidental powers to accomplish the foregoing.

 6         (5)  The authority does not have power at any time or

 7  in any manner to pledge the credit or taxing power of the

 8  state or any political subdivision or agency thereof, nor

 9  shall any of the authority's obligations be deemed to be

10  obligations of the state or of any political subdivision or

11  agency thereof, nor shall the state or any political

12  subdivision or agency thereof, except the authority, be liable

13  for the payment of the principal of or interest on such

14  obligations.

15         343.83  Improvements, bond financing

16  authority.--Pursuant to s. 11(f), Art. VII of the State

17  Constitution, the Legislature approves bond financing by the

18  Northwest Florida Transportation Corridor Authority for

19  improvements to toll collection facilities, interchanges to

20  the legislatively approved system, and any other facility

21  appurtenant, necessary, or incidental to the approved system.

22  Subject to terms and conditions of applicable revenue bond

23  resolutions and covenants, such costs may be financed in whole

24  or in part by revenue bonds issued pursuant to s.

25  343.835(1)(a) or (b) whether currently issued or issued in the

26  future or by a combination of such bonds.

27         343.835  Bonds of the authority.--

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

29  pursuant to the State Bond Act.

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

31  bonds pursuant to this part at such times and in such

                                  33

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

 2  necessary to provide sufficient moneys for achieving its

 3  purposes; however, such bonds may not pledge the full faith

 4  and credit of the state. Bonds issued by the authority

 5  pursuant to this paragraph or paragraph (a), whether on

 6  original issuance or on refunding, shall be authorized by

 7  resolution of the members thereof, may be either term or

 8  serial bonds, and shall bear such date or dates, mature at

 9  such time or times, not exceeding 40 years after their

10  respective dates, bear interest at such rate or rates, be

11  payable semiannually, be in such denominations, be in such

12  form, either coupon or fully registered, carry such

13  registration, exchangeability, and interchangeability

14  privileges, be payable in such medium of payment and at such

15  place or places, be subject to such terms of redemption, and

16  be entitled to such priorities on the revenues, rates, fees,

17  rentals, or other charges or receipts of the authority,

18  including revenues from lease-purchase agreements. The bonds

19  shall be executed either by manual or facsimile signature by

20  such officers as the authority shall determine, however, such

21  bonds shall bear at least one signature that is manually

22  executed thereon, and the coupons attached to such bonds shall

23  bear the facsimile signature or signatures of such officer or

24  officers as shall be designated by the authority and have the

25  seal of the authority affixed, imprinted, reproduced, or

26  lithographed thereon, all as may be prescribed in such

27  resolution or resolutions.

28         (c)  Bonds issued pursuant to paragraph (a) or

29  paragraph (b) shall be sold at public sale in the manner

30  provided by the State Bond Act. However, if the authority, by

31  official action at a public meeting, determines that a

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

 2  authority, the authority may negotiate the sale of such bonds

 3  with the underwriter designated by the authority and the

 4  Division of Bond Finance within the State Board of

 5  Administration with respect to bonds issued pursuant to

 6  paragraph (a) or solely the authority with respect to bonds

 7  issued pursuant to paragraph (b). The authority's

 8  determination to negotiate the sale of such bonds may be

 9  based, in part, upon the written advice of the authority's

10  financial adviser. Pending the preparation of definitive

11  bonds, interim certificates may be issued to the purchaser or

12  purchasers of such bonds and may contain such terms and

13  conditions as the authority may determine.

14         (d)  The authority may issue bonds pursuant to

15  paragraph (b) to refund any bonds previously issued regardless

16  of whether the bonds being refunded were issued by the

17  authority pursuant to this chapter or on behalf of the

18  authority pursuant to the State Bond Act.

19         (2)  Any such resolution or resolutions authorizing any

20  bonds hereunder may contain provisions that are part of the

21  contract with the holders of such bonds, as to:

22         (a)  The pledging of all or any part of the revenues,

23  rates, fees, rentals, or other charges or receipts of the

24  authority, derived by the authority for the U.S. 98 corridor

25  improvements.

26         (b)  The completion, improvement, operation, extension,

27  maintenance, repair, lease, or lease-purchase agreement of the

28  system, and the duties of the authority and others, including

29  the department, with reference thereto.

30  

31  

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 1         (c)  Limitations on the purposes to which the proceeds

 2  of the bonds, then or thereafter to be issued, or of any loan

 3  or grant by the United States or the state may be applied.

 4         (d)  The fixing, charging, establishing, and collecting

 5  of rates, fees, rentals, or other charges for use of the

 6  services and facilities constructed by the authority.

 7         (e)  The setting aside of reserves or sinking funds or

 8  repair and replacement funds and the regulation and

 9  disposition thereof.

10         (f)  Limitations on the issuance of additional bonds.

11         (g)  The terms and provisions of any lease-purchase

12  agreement, deed of trust, or indenture securing the bonds or

13  under which the same may be issued.

14         (h)  Any other or additional agreements with the

15  holders of the bonds which the authority may deem desirable

16  and proper.

17         (3)  The authority may employ fiscal agents as provided

18  by this part or the State Board of Administration may, upon

19  request of the authority, act as fiscal agent for the

20  authority in the issuance of any bonds that are issued

21  pursuant to this part, and the State Board of Administration

22  may, upon request of the authority, take over the management,

23  control, administration, custody, and payment of any or all

24  debt services or funds or assets now or hereafter available

25  for any bonds issued pursuant to this part. The authority may

26  enter into any deeds of trust, indentures, or other agreements

27  with its fiscal agent, or with any bank or trust company

28  within or without the state, as security for such bonds and

29  may, under such agreements, sign and pledge all or any of the

30  revenues, rates, fees, rentals, or other charges or receipts

31  of the authority. Such deed of trust, indenture, or other

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 1  agreement may contain such provisions as are customary in such

 2  instruments or, as the authority authorizes, including, but

 3  without limitation, provisions as to:

 4         (a)  The completion, improvement, operation, extension,

 5  maintenance, repair, and lease of or lease-purchase agreement

 6  relating to U.S. 98 corridor improvements and the duties of

 7  the authority and others, including the department, with

 8  reference thereto.

 9         (b)  The application of funds and the safeguarding of

10  funds on hand or on deposit.

11         (c)  The rights and remedies of the trustee and the

12  holders of the bonds.

13         (d)  The terms and provisions of the bonds or the

14  resolutions authorizing the issuance of the bonds.

15         (4)  Any of the bonds issued pursuant to this part are,

16  and are hereby declared to be, negotiable instruments and have

17  all the qualities and incidents of negotiable instruments

18  under the law merchant and the negotiable instruments law of

19  the state.

20         (5)  Notwithstanding any of the provisions of this

21  part, each project, building, or facility that has been

22  financed by the issuance of bonds or other evidence of

23  indebtedness under this part and any refinancing thereof are

24  hereby approved as provided for in s. 11(f), Art. VII of the

25  State Constitution.

26         343.836  Remedies of the bondholders.--

27         (1)  The rights and the remedies in this section

28  conferred upon or granted to the bondholders are in addition

29  to and not in limitation of any rights and remedies lawfully

30  granted to such bondholders by the resolution or resolutions

31  providing for the issuance of bonds or by a lease-purchase

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 1  agreement, deed of trust, indenture, or other agreement under

 2  which the bonds may be issued or secured. If the authority

 3  defaults in the payment of the principal of or interest on any

 4  of the bonds issued pursuant to the provisions of this part

 5  after such principal of or interest on the bonds becomes due,

 6  whether at maturity or upon call for redemption, or the

 7  department defaults in any payments under, or covenants made

 8  in, any lease-purchase agreement between the authority and the

 9  department, and such default continues for a period of 30

10  days, or if the authority or the department fails or refuses

11  to comply with the provisions of this part or any agreement

12  made with, or for the benefit of, the holders of the bonds,

13  the holders of 25 percent in aggregate principal amount of the

14  bonds then outstanding may appoint a trustee to represent such

15  bondholders for the purposes hereof, if such holders of 25

16  percent in aggregate principal amount of the bonds then

17  outstanding shall first give notice of their intention to

18  appoint a trustee to the authority and to the department. Such

19  notice shall be deemed to have been given if given in writing,

20  deposited in a securely sealed postpaid wrapper, mailed at a

21  regularly maintained United States post office box or station,

22  and addressed, respectively, to the chair of the authority and

23  to the secretary of the department at the principal office of

24  the department.

25         (2)  Such trustee and any trustee under any deed of

26  trust, indenture, or other agreement may, and upon written

27  request of the holders of 25 percent or such other percentages

28  as are specified in any deed of trust, indenture, or other

29  agreement aforesaid in principal amount of the bonds then

30  outstanding shall, in any court of competent jurisdiction, in

31  his, her, or its own name:

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 1         (a)  By mandamus or other suit, action, or proceeding

 2  at law or in equity, enforce all rights of the bondholders,

 3  including the right to require the authority to fix,

 4  establish, maintain, collect, and charge rates, fees, rentals,

 5  and other charges adequate to carry out any agreement as to or

 6  pledge of the revenues or receipts of the authority to carry

 7  out any other covenants and agreements with or for the benefit

 8  of the bondholders, and to perform its and their duties under

 9  this part.

10         (b)  By mandamus or other suit, action, or proceeding

11  at law or in equity, enforce all rights of the bondholders

12  under or pursuant to any lease-purchase agreement between the

13  authority and the department, including the right to require

14  the department to make all rental payments required to be made

15  by it under the provisions of any such lease-purchase

16  agreement, to require the department to carry out any other

17  covenants and agreements with or for the benefit of the

18  bondholders and to perform its and their duties under this

19  part.

20         (c)  Bring suit upon the bonds.

21         (d)  By action or suit in equity, require the authority

22  or the department to account as if it were the trustee of an

23  express trust for the bondholders.

24         (e)  By action or suit in equity, enjoin any acts or

25  things that may be unlawful or in violation of the rights of

26  the bondholders.

27         (3)  Any trustee, when appointed as aforesaid or acting

28  under a deed of trust, indenture, or other agreement, and

29  whether or not all bonds have been declared due and payable,

30  may appoint a receiver who may enter upon and take possession

31  of the system or the facilities or any part or parts thereof,

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 1  the rates, fees, rentals, or other revenues, charges, or

 2  receipts from which are or may be applicable to the payment of

 3  the bonds so in default, and, subject to and in compliance

 4  with the provisions of any lease-purchase agreement between

 5  the authority and the department, operate and maintain the

 6  same for and on behalf of and in the name of the authority,

 7  the department, and the bondholders, and collect and receive

 8  all rates, fees, rentals, and other charges or receipts or

 9  revenues arising therefrom in the same manner as the authority

10  or the department might do, and shall deposit all such moneys

11  in a separate account and apply such moneys in such manner as

12  the court shall direct. In any suit, action, or proceeding by

13  the trustee, the fees, counsel fees, and expenses of the

14  trustee and the receiver, if any, and all costs and

15  disbursements allowed by the court shall be a first charge on

16  any rates, fees, rentals, or other charges, revenues, or

17  receipts derived from the system or the facilities or services

18  or any part or parts thereof, including payments under any

19  such lease-purchase agreement as aforesaid, which rates, fees,

20  rentals, or other charges, revenues, or receipts may be

21  applicable to the payment of the bonds so in default. Such

22  trustee, in addition to the foregoing, possesses all of the

23  powers necessary for the exercise of any functions

24  specifically set forth herein or incident to the

25  representation of the bondholders in the enforcement and

26  protection of their rights.

27         (4)  This section or any other section of this part

28  does not authorize any receiver appointed pursuant hereto for

29  the purpose, subject to and in compliance with the provisions

30  of any lease-purchase agreement between the authority and the

31  department, of operating and maintaining the system or any

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 1  facilities or part or parts thereof, to sell, assign,

 2  mortgage, or otherwise dispose of any of the assets of

 3  whatever kind and character belonging to the authority. It is

 4  the intention of this part to limit the powers of such

 5  receiver, subject to and in compliance with the provisions of

 6  any lease-purchase agreement between the authority and the

 7  department, to the operation and maintenance of the system or

 8  any facility or part or parts thereof, as the court may

 9  direct, in the name and for and on behalf of the authority,

10  the department, and the bondholders. In any suit, action, or

11  proceeding at law or in equity, a holder of bonds on the

12  authority, a trustee, or any court may not compel or direct a

13  receiver to sell, assign, mortgage, or otherwise dispose of

14  any assets of whatever kind or character belonging to the

15  authority. A receiver also may not be authorized to sell,

16  assign, mortgage, or otherwise dispose of any assets of

17  whatever kind or character belonging to the authority in any

18  suit, action, or proceeding at law or in equity.

19         343.837  Lease-purchase agreement.--

20         (1)  In order to effectuate the purposes of this part

21  and as authorized by this part, the authority may enter into a

22  lease-purchase agreement with the department relating to and

23  covering the U.S. 98 Corridor System.

24         (2)  Such lease-purchase agreement shall provide for

25  the leasing of the system by the authority, as lessor, to the

26  department, as lessee, shall prescribe the term of such lease

27  and the rentals to be paid thereunder, and shall provide that,

28  upon the completion of the faithful performance thereunder and

29  the termination of such lease-purchase agreement, title in fee

30  simple absolute to the system as then constituted shall be

31  transferred in accordance with law by the authority to the

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 1  state and the authority shall deliver to the department such

 2  deeds and conveyances as shall be necessary or convenient to

 3  vest title in fee simple absolute in the state.

 4         (3)  Such lease-purchase agreement may include such

 5  other provisions, agreements, and covenants as the authority

 6  and the department deem advisable or required, including, but

 7  not limited to, provisions as to the bonds to be issued for

 8  the purposes of this part, the completion, extension,

 9  improvement, operation, and maintenance of the system and the

10  expenses and the cost of operation of the authority, the

11  charging and collection of tolls, rates, fees, and other

12  charges for the use of the services and facilities thereof,

13  and the application of federal or state grants or aid which

14  may be made or given to assist the authority in the

15  completion, extension, improvement, operation, and maintenance

16  of the system.

17         (4)  The department as lessee under such lease-purchase

18  agreement may pay as rentals thereunder any rates, fees,

19  charges, funds, moneys, receipts, or income accruing to the

20  department from the operation of the system and may also pay

21  as rentals any appropriations received by the department

22  pursuant to any act of the Legislature heretofore or hereafter

23  enacted; however, nothing in this section or in such

24  lease-purchase agreement is intended to require, nor shall

25  this part or such lease-purchase agreement require, the making

26  or continuance of such appropriations, nor shall any holder of

27  bonds issued pursuant to this part ever have any right to

28  compel the making or continuance of such appropriations.

29         (5)  The department shall have power to covenant in any

30  lease-purchase agreement that it will pay all or any part of

31  the cost of the operation, maintenance, repair, renewal, and

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 1  replacement of the corridor system, and any part of the cost

 2  of completing the corridor system to the extent that the

 3  proceeds of bonds issued are insufficient, from sources other

 4  than the revenues derived from the operation of the system.

 5         (6)  The U.S. 98 Corridor System shall be a part of the

 6  State Highway System as defined in s. 334.03, and the

 7  department may, upon the request of the authority, expend out

 8  of any funds available for that purpose, and use such of its

 9  engineering and other forces, as may be necessary and

10  desirable in the judgment of the department, for the operation

11  of the authority and for traffic surveys, borings, surveys,

12  preparation of plans and specifications, estimates of cost,

13  and other preliminary engineering and other studies.

14         343.84  Department may be appointed agent of authority

15  for construction.--The department may be appointed by the

16  authority as its agent for the purpose of constructing

17  improvements and extensions to the system and for the

18  completion thereof. In such event, the authority shall provide

19  the department with complete copies of all documents,

20  agreements, resolutions, contracts, and instruments relating

21  thereto, shall request the department to do such construction

22  work, including the planning, surveying, and actual

23  construction of the completion, extensions, and improvements

24  to the system, and shall transfer to the credit of an account

25  of the department in the treasury of the state the necessary

26  funds therefor. The department shall proceed with such

27  construction and use the funds for such purpose in the same

28  manner that it is now authorized to use the funds otherwise

29  provided by law for its use in construction of roads and

30  bridges.

31         343.85  Acquisition of lands and property.--

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 1         (1)  For the purposes of this part, the Northwest

 2  Florida Transportation Corridor Authority may acquire private

 3  or public property and property rights, including rights of

 4  access, air, view, and light, by gift, devise, purchase, or

 5  condemnation by eminent domain proceedings, as the authority

 6  may deem necessary for any purpose of this part, including,

 7  but not limited to, any lands reasonably necessary for

 8  securing applicable permits, areas necessary for management of

 9  access, borrow pits, drainage ditches, water retention areas,

10  rest areas, replacement access for landowners whose access is

11  impaired due to the construction of a facility, and

12  replacement rights-of-way for relocated rail and utility

13  facilities; for existing, proposed, or anticipated

14  transportation facilities within the U.S. 98 transportation

15  corridor designated by the authority; or for the purposes of

16  screening, relocation, removal, or disposal of junkyards and

17  scrap metal processing facilities. The authority may condemn

18  any material and property necessary for such purposes.

19         (2)  The right of eminent domain herein conferred shall

20  be exercised by the authority in the manner provided by law.

21         (3)  When the authority acquires property for a

22  transportation facility or in a transportation corridor, the

23  authority is not subject to any liability imposed by chapter

24  376 or chapter 403 for preexisting soil or groundwater

25  contamination due solely to its ownership. This section does

26  not affect the rights or liabilities of any past or future

27  owners of the acquired property, nor does it affect the

28  liability of any governmental entity for the results of its

29  actions which create or exacerbate a pollution source. The

30  authority and the Department of Environmental Protection may

31  enter into interagency agreements for the performance,

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 1  funding, and reimbursement of the investigative and remedial

 2  acts necessary for property acquired by the authority.

 3         343.87  Cooperation with other units, boards, agencies,

 4  and individuals.--Express authority and power is hereby given

 5  and granted to any county, municipality, drainage district,

 6  road and bridge district, school district, or any other

 7  political subdivision, board, commission, or individual in or

 8  of the state to make and enter into contracts, leases,

 9  conveyances, partnerships, or other agreements with the

10  authority within the provisions and purposes of this part. The

11  authority may make and enter into contracts, leases,

12  conveyances, partnerships, and other agreements with any

13  political subdivision, agency, or instrumentality of the state

14  and any and all federal agencies, corporations, and

15  individuals for the purpose of carrying out the provisions of

16  this part.

17         343.875  Public-private partnerships.--

18         (1)  The authority may receive or solicit proposals and

19  enter into agreements with private entities or consortia

20  thereof, for the building, operation, ownership, or financing

21  of transportation facilities within the jurisdiction of the

22  authority. Before approval, the authority must determine that

23  a proposed project:

24         (a)  Is in the public's best interest.

25         (b)  Would not require state funds to be used unless

26  the project is on or provides increased mobility on the State

27  Highway System.

28         (c)  Would have adequate safeguards to ensure that

29  additional costs or service disruptions would not be realized

30  by the traveling public and citizens of the state in the event

31  

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 1  of default or the cancellation of the agreement by the

 2  authority.

 3         (2)  The authority shall ensure that all reasonable

 4  costs to the state related to transportation facilities that

 5  are not part of the State Highway System are borne by the

 6  private entity. The authority also shall ensure that all

 7  reasonable costs to the state and substantially affected local

 8  governments and utilities related to the private

 9  transportation facility are borne by the private entity for

10  transportation facilities that are owned by private entities.

11  For projects on the State Highway System, the department may

12  use state resources to participate in funding and financing

13  the project as provided for under the department's enabling

14  legislation.

15         (3)  The authority may request proposals for

16  public-private transportation projects or, if it receives an

17  unsolicited proposal, it must publish a notice in the Florida

18  Administrative Weekly and a newspaper of general circulation

19  in the county in which it is located at least once a week for

20  2 weeks stating that it has received the proposal and will

21  accept, for 60 days after the initial date of publication,

22  other proposals for the same project purpose. A copy of the

23  notice must be mailed to each local government in the affected

24  areas. After the public notification period has expired, the

25  authority shall rank the proposals in order of preference. In

26  ranking the proposals, the authority shall consider

27  professional qualifications, general business terms,

28  innovative engineering or cost-reduction terms, finance plans,

29  and the need for state funds to deliver the proposal. If the

30  authority is not satisfied with the results of the

31  negotiations, it may, at its sole discretion, terminate

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 1  negotiations with the proposer. If these negotiations are

 2  unsuccessful, the authority may go to the second and

 3  lower-ranked firms, in order, using the same procedure. If

 4  only one proposal is received, the authority may negotiate in

 5  good faith and, if it is not satisfied with the results, it

 6  may, at its sole discretion, terminate negotiations with the

 7  proposer. Notwithstanding this subsection, the authority may,

 8  at its discretion, reject all proposals at any point in the

 9  process up to completion of a contract with the proposer.

10         (4)  Agreements entered into pursuant to this section

11  may authorize the public-private entity to impose tolls or

12  fares for the use of the facility. However, the amount and use

13  of toll or fare revenues shall be regulated by the authority

14  to avoid unreasonable costs to users of the facility.

15         (5)  Each public-private transportation facility

16  constructed pursuant to this section shall comply with all

17  requirements of federal, state, and local laws; state,

18  regional, and local comprehensive plans; the authority's

19  rules, policies, procedures, and standards for transportation

20  facilities; and any other conditions that the authority

21  determines to be in the public's best interest.

22         (6)  The authority may exercise any of its powers,

23  including eminent domain, to facilitate the development and

24  construction of transportation projects pursuant to this

25  section. The authority may pay all or part of the cost of

26  operating and maintaining the facility or may provide services

27  to the private entity for which it receives full or partial

28  reimbursement for services rendered.

29         (7)  Except as herein provided, this section is not

30  intended to amend existing law by granting additional powers

31  to or imposing further restrictions on the governmental

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 1  entities with regard to regulating and entering into

 2  cooperative arrangements with the private sector for the

 3  planning, construction, and operation of transportation

 4  facilities.

 5         (8)  The authority may adopt rules to implement this

 6  section and shall, by rule, establish an application fee for

 7  the submission of unsolicited proposals under this section.

 8  The fee must be sufficient to pay the costs of evaluating the

 9  proposals.

10         343.88  Covenant of the state.--The state does hereby

11  pledge to, and agrees with, any person, firm or corporation,

12  or federal or state agency subscribing to or acquiring the

13  bonds to be issued by the authority for the purposes of this

14  part that the state will not limit or alter the rights hereby

15  vested in the authority and the department until all bonds at

16  any time issued, together with the interest thereon, are fully

17  paid and discharged insofar as the same affects the rights of

18  the holders of bonds issued hereunder. The state does further

19  pledge to, and agree with, the United States that, if any

20  federal agency constructs or contributes any funds for the

21  completion, extension, or improvement of the system or any

22  part or portion thereof, the state will not alter or limit the

23  rights and powers of the authority and the department in any

24  manner which would be inconsistent with the continued

25  maintenance and operation of the system or the completion,

26  extension, or improvement thereof or which would be

27  inconsistent with the due performance of any agreements

28  between the authority and any such federal agency. The

29  authority and the department shall continue to have and may

30  exercise all powers herein granted so long as necessary or

31  desirable for the carrying out of the purposes of this part

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 1  and the purposes of the United States in the completion,

 2  extension, or improvement of the system or any part or portion

 3  thereof.

 4         343.881  Exemption from taxation.--The effectuation of

 5  the authorized purposes of the authority created under this

 6  part is for the benefit of the people of this state, for the

 7  increase of their commerce and prosperity, and for the

 8  improvement of their health and living conditions and, because

 9  the authority performs essential governmental functions in

10  effectuating such purposes, the authority is not required to

11  pay any taxes or assessments of any kind or nature whatsoever

12  upon any property acquired or used by it for such purposes, or

13  upon any rates, fees, rentals, receipts, income, or charges at

14  any time received by it. The bonds issued by the authority,

15  their transfer, and the income therefrom, including any

16  profits made on the sale thereof, shall at all times be free

17  from taxation of any kind by the state or by any political

18  subdivision, taxing agency, or instrumentality thereof. The

19  exemption granted by this section does not apply to any tax

20  imposed by chapter 220 on interest, income, or profits on debt

21  obligations owned by corporations.

22         343.884  Eligibility for investments and security.--Any

23  bonds or other obligations issued pursuant to this part shall

24  be and constitute legal investments for banks, savings banks,

25  trustees, executors, administrators, and all other fiduciaries

26  and for all state, municipal, and other public funds and shall

27  also be and constitute securities eligible for deposit as

28  security for all state, municipal, or other public funds,

29  notwithstanding the provisions of any other law to the

30  contrary.

31  

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 1         343.885  Pledges enforceable by bondholders.--It is the

 2  express intention of this part that any pledge to the

 3  authority by the department of rates, fees, revenues, or other

 4  funds as rentals, or any covenants or agreements relative

 5  thereto, is enforceable in any court of competent jurisdiction

 6  against the authority or directly against the department by

 7  any holder of bonds issued by the authority.

 8         343.89  Complete and additional statutory authority.--

 9         (1)  The powers conferred by this part are supplemental

10  to the existing powers of the board and the department. This

11  part does not repeal any of the provisions of any other law,

12  general, special, or local, but supersedes such other laws in

13  the exercise of the powers provided in this part and provides

14  a complete method for the exercise of the powers granted in

15  this part. The extension and improvement of the system, and

16  the issuance of bonds hereunder to finance all or part of the

17  cost thereof, may be accomplished upon compliance with the

18  provisions of this part without regard to or necessity for

19  compliance with the provisions, limitations, or restrictions

20  contained in any other general, special, or local law,

21  including, but not limited to, s. 215.821. An approval of any

22  bonds issued under this part by the qualified electors or

23  qualified electors who are freeholders in the state or in any

24  other political subdivision of the state is not required for

25  the issuance of such bonds pursuant to this part.

26         (2)  This part does not repeal, rescind, or modify any

27  other law relating to the State Board of Administration, the

28  Department of Transportation, or the Division of Bond Finance

29  within the State Board of Administration; however, this part

30  supersedes such other laws as are inconsistent with its

31  provisions, including, but not limited to, s. 215.821.

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 1         Section 10.  Paragraph (b) of subsection (19) of

 2  section 380.06, Florida Statutes, is amended to read:

 3         380.06  Developments of regional impact.--

 4         (19)  SUBSTANTIAL DEVIATIONS.--

 5         (b)  Any proposed change to a previously approved

 6  development of regional impact or development order condition

 7  which, either individually or cumulatively with other changes,

 8  exceeds any of the following criteria shall constitute a

 9  substantial deviation and shall cause the development to be

10  subject to further development-of-regional-impact review

11  without the necessity for a finding of same by the local

12  government:

13         1.  An increase in the number of parking spaces at an

14  attraction or recreational facility by 5 percent or 300

15  spaces, whichever is greater, or an increase in the number of

16  spectators that may be accommodated at such a facility by 5

17  percent or 1,000 spectators, whichever is greater.

18         2.  A new runway, a new terminal facility, a 25-percent

19  lengthening of an existing runway, or a 25-percent increase in

20  the number of gates of an existing terminal, but only if the

21  increase adds at least three additional gates. However, if an

22  airport is located in two counties, a 10-percent lengthening

23  of an existing runway or a 20-percent increase in the number

24  of gates of an existing terminal is the applicable criteria.

25         3.  An increase in the number of hospital beds by 5

26  percent or 60 beds, whichever is greater.

27         4.  An increase in industrial development area by 5

28  percent or 32 acres, whichever is greater.

29         5.  An increase in the average annual acreage mined by

30  5 percent or 10 acres, whichever is greater, or an increase in

31  the average daily water consumption by a mining operation by 5

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 1  percent or 300,000 gallons, whichever is greater.  An increase

 2  in the size of the mine by 5 percent or 750 acres, whichever

 3  is less.

 4         6.  An increase in land area for office development by

 5  5 percent or an increase of gross floor area of office

 6  development by 5 percent or 60,000 gross square feet,

 7  whichever is greater.

 8         7.  An increase in the storage capacity for chemical or

 9  petroleum storage facilities by 5 percent, 20,000 barrels, or

10  7 million pounds, whichever is greater.

11         8.  An increase of development at a waterport of wet

12  storage for 20 watercraft, dry storage for 30 watercraft, or

13  wet/dry storage for 60 watercraft in an area identified in the

14  state marina siting plan as an appropriate site for additional

15  waterport development or a 5-percent increase in watercraft

16  storage capacity, whichever is greater.

17         9.  An increase in the number of dwelling units by 5

18  percent or 50 dwelling units, whichever is greater.

19         10.  An increase in commercial development by 50,000

20  square feet of gross floor area or of parking spaces provided

21  for customers for 300 cars or a 5-percent increase of either

22  of these, whichever is greater.

23         11.  An increase in hotel or motel facility units by 5

24  percent or 75 units, whichever is greater.

25         12.  An increase in a recreational vehicle park area by

26  5 percent or 100 vehicle spaces, whichever is less.

27         13.  A decrease in the area set aside for open space of

28  5 percent or 20 acres, whichever is less.

29         14.  A proposed increase to an approved multiuse

30  development of regional impact where the sum of the increases

31  of each land use as a percentage of the applicable substantial

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 1  deviation criteria is equal to or exceeds 100 percent. The

 2  percentage of any decrease in the amount of open space shall

 3  be treated as an increase for purposes of determining when 100

 4  percent has been reached or exceeded.

 5         15.  A 15-percent increase in the number of external

 6  vehicle trips generated by the development above that which

 7  was projected during the original

 8  development-of-regional-impact review.

 9         16.  Any change which would result in development of

10  any area which was specifically set aside in the application

11  for development approval or in the development order for

12  preservation or special protection of endangered or threatened

13  plants or animals designated as endangered, threatened, or

14  species of special concern and their habitat, primary dunes,

15  or archaeological and historical sites designated as

16  significant by the Division of Historical Resources of the

17  Department of State.  The further refinement of such areas by

18  survey shall be considered under sub-subparagraph (e)5.b.

19  

20  The substantial deviation numerical standards in subparagraphs

21  4., 6., 10., 14., excluding residential uses, and 15., are

22  increased by 100 percent for a project certified under s.

23  403.973 which creates jobs and meets criteria established by

24  the Office of Tourism, Trade, and Economic Development as to

25  its impact on an area's economy, employment, and prevailing

26  wage and skill levels. The substantial deviation numerical

27  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

28  increased by 50 percent for a project located wholly within an

29  urban infill and redevelopment area designated on the

30  applicable adopted local comprehensive plan future land use

31  map and not located within the coastal high hazard area.

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 1         Section 11.  Bicycle system study.--Prior to October 1,

 2  2005, the Department of Transportation shall perform a bicycle

 3  system study of bicycle facilities that are on or connected to

 4  the State Highway System. The results of the bicycle system

 5  study shall be presented to the Governor, the President of the

 6  Senate, and the Speaker of the House of Representatives by

 7  October 1, 2005. The bicycle system study shall include paved

 8  bicycle lanes, bicycle trails, bicycle paths, and any route or

 9  facility designated specifically for bicycle traffic. The

10  study shall be performed by a consultant selected and funded

11  by the department and shall be managed by the department's

12  State Pedestrian and Bicycle Coordinator. The study shall

13  include:

14         (1)  Review of department standards for bicycle lanes

15  to determine if they meet the needs of the state's bicyclists.

16         (2)  Identification of state highways with existing

17  designated bicycle lanes.

18         (3)  Identification of state highways with no

19  designated bicycle lanes and any constraints to incorporating

20  these facilities.

21         (4)  Providing electronic mapping of those facilities

22  identified in subsections (2) and (3).

23         (5)  Identification of all bicycle facility needs on

24  the State Highway System.

25         (6)  Review and identification of possible funding

26  sources for new or improved facilities.

27         (7)  A proposed implementation plan that will identify

28  the incorporation of bicycle facilities on those state

29  highways programmed for rehabilitation or new construction in

30  the department's 5-year work program. The proposed plan must

31  

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 1  include the costs associated within the work program to add

 2  these facilities.

 3         Section 12.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                      CS/CS Senate Bill 460

 8                                 

 9  The committee substitute for Senate Bill 0460 extends the
    limitation on liability to contractors who maintain
10  transportation facilities and clarifies the responsibility of
    contractors and engineers to notify Florida Department of
11  Transportation of errors or omissions in contract documents.

12  Requires that each long-range transportation plan, each
    annually updated Transportation Improvement Program, and each
13  amendment that affects projects in the first three years of
    such plans be approved by each metropolitan planning
14  organization on a recorded roll call vote of the membership
    present.
15  
    Requires FDOT to contract with a consultant for a study of the
16  bicycle facilities that are on or connected to the State
    Highway System.  Provides specific criteria for review and
17  inclusion in the study.  The results of the bicycle system
    study are to be presented to the Governor, the President of
18  the Senate, and the Speaker of the House of Representatives by
    October 1, 2005.
19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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