Florida Senate - 2012                                    SB 1998
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03494-12                                          20121998__
    1                        A bill to be entitled                      
    2         An act relating to transportation; transferring
    3         control of the Mid-Bay Bridge Authority system to the
    4         Florida Turnpike Enterprise; transferring all assets,
    5         rights, powers, duties, and bond liabilities of the
    6         authority to the turnpike enterprise; transferring all
    7         provisions that protect the rights of certain
    8         bondholders from the authority to the turnpike
    9         enterprise; providing for the turnpike enterprise to
   10         annually transfer funds from the activities of the
   11         transferred authority to the State Transportation
   12         Trust Fund to repay certain long-term debt; requiring
   13         that specific toll revenue be used for the
   14         construction, maintenance, or improvement of certain
   15         toll facilities of the turnpike enterprise; repealing
   16         s. 288.063, F.S., relating to contract requirements
   17         for transportation projects; amending s. 288.0656,
   18         F.S.; conforming a cross-reference; amending ss.
   19         316.3025 and 316.545, F.S.; providing for the proceeds
   20         of certain penalties to be deposited into the Highway
   21         Safety Operating Trust Fund rather than the State
   22         Transportation Trust Fund and for such funds to be
   23         used for the general operations of the Department of
   24         Highway Safety and Motor Vehicles rather than for
   25         repairing and maintaining roads in the state; amending
   26         s. 319.32, F.S.; increasing the amount of the fees
   27         deposited into the State Transportation Trust Fund
   28         from original and duplicate certificates of title
   29         issued for motor vehicles; amending s. 320.072, F.S.;
   30         requiring that all fees collected from certain motor
   31         vehicle registrations, rather than a portion of such
   32         fees, be deposited into the General Revenue Fund;
   33         amending s. 320.08, F.S.; deleting provisions
   34         requiring that certain amounts collected from annual
   35         license taxes for the operation of motor vehicles,
   36         mopeds, motorized bicycles, tri-vehicles, and mobile
   37         homes, which are paid to and collected by the
   38         Department of Highway Safety and Motor Vehicles, be
   39         deposited into the General Revenue Fund; amending ss.
   40         320.0801 and 320.0804, F.S.; requiring that all
   41         revenues collected from the surcharge on certain
   42         commercial motor vehicles and the surcharge on certain
   43         license taxes be deposited into the State
   44         Transportation Trust Fund and eliminating the
   45         requirement that a portion of such revenues be
   46         deposited into the General Revenue Fund; specifying
   47         the allocation and purposes of funds that result from
   48         increased moneys deposited into the State
   49         Transportation Trust Fund; repealing s. 320.204, F.S.,
   50         relating to the transfer of funds from the Highway
   51         Safety Operating Trust Fund to the Transportation
   52         Disadvantaged Trust Fund; amending s. 334.30, F.S.,
   53         relating to public-private transportation facilities;
   54         deleting obsolete provisions relating to the Toll
   55         Facilities Revolving Trust Fund; amending s. 338.165,
   56         F.S.; authorizing the Department of Transportation to
   57         transfer the Beachline-East Expressway to the turnpike
   58         system; providing for the deposit of any funds
   59         expended by the Florida Turnpike Enterprise for the
   60         acquisition of the Beachline-East Expressway into the
   61         State Transportation Trust Fund for allocation to
   62         construct the Wekiva Parkway; defining the term
   63         “Wekiva Parkway”; amending s. 338.2275, F.S.;
   64         prohibiting the Department of Transportation from
   65         issuing bonds to fund its obligation to construct
   66         Wekiva Parkway; defining the term “Wekiva Parkway”;
   67         amending s. 338.250, F.S.; exempting the Wekiva
   68         Parkway and related transportation facilities from the
   69         mitigation requirements for the Central Florida
   70         Beltway; defining the term “Wekiva Parkway”; repealing
   71         s. 338.251, F.S., relating to the Toll Facilities
   72         Revolving Trust Fund; amending s. 339.08, F.S.;
   73         conforming a cross-reference; creating s. 339.139,
   74         F.S.; declaring that management of transportation
   75         infrastructure financing to ensure the fiscal
   76         integrity of the State Transportation Trust Fund is
   77         state policy; requiring that the department provide a
   78         debt and debtlike contractual obligations load report
   79         to the Executive Office of the Governor, the President
   80         of the Senate, the Speaker of the House of
   81         Representatives, and the legislative appropriations
   82         committees; requiring that the load report provide
   83         certain data; requiring that the department manage
   84         levels of debt to ensure that no more than a certain
   85         percentage of revenues is committed; providing
   86         exceptions that allow the limitation to be exceeded;
   87         requiring that the department prepare a report on debt
   88         obligations that are secured by and payable from
   89         pledged revenues; requiring that the department
   90         provide the report to the Executive Office of the
   91         Governor, the President of the Senate, the Speaker of
   92         the House of Representatives, and the legislative
   93         appropriations committees; creating s. 339.2821, F.S.;
   94         authorizing the Department of Transportation, in
   95         consultation with the Department of Economic
   96         Opportunity, to make and approve expenditures and
   97         enter into contracts with an appropriate governmental
   98         body for the direct costs of transportation projects;
   99         providing definitions; authorizing the Department of
  100         Economic Opportunity and the Department of
  101         Environmental Protection to review and comment on
  102         recommended transportation projects; providing
  103         criteria that the Department of Transportation must
  104         follow when reviewing a contract for approval;
  105         providing criteria for the transportation contract
  106         with a governmental body; providing that Space Florida
  107         may serve as a governmental body or as a contracting
  108         agency for transportation projects within spaceport
  109         territory; requiring each governmental body to submit
  110         a financial audit by an independent certified public
  111         accountant to the department; requiring that the
  112         department monitor each construction site receiving
  113         funding; creating s. 339.2825, F.S.; requiring the
  114         Department of Transportation to submit a summary of
  115         proposed public-private transportation projects to the
  116         Executive Office of the Governor, each legislative
  117         appropriations committee, the President of the Senate,
  118         and the Speaker of the House of Representatives;
  119         providing criteria for the summary; providing for the
  120         department to proceed with a project upon approved by
  121         the Governor; prohibiting the Governor from approving
  122         a transportation project if a legislative
  123         appropriations committee, the President of the Senate,
  124         or the Speaker of the House of Representatives objects
  125         within a certain period after receipt of the summary;
  126         providing for receipt by the department of an
  127         unsolicited proposal for certain transportation
  128         projects; exempting a public-private partnership
  129         agreement involving the lease of a toll facility from
  130         the requirements of the approval process; amending s.
  131         348.0004, F.S.; removing provisions qualifying funding
  132         received by an authority from a portion of the county
  133         gasoline tax funds; amending s. 348.0005, F.S.;
  134         providing criteria under which bonds may be issued;
  135         providing an exception to the application of certain
  136         bond requirements; creating s. 348.0013, F.S.,
  137         relating to expressway authorities created on or after
  138         a specified date; providing that the department is the
  139         agent for the purpose of performing all phases of
  140         constructing improvements to and extensions of an
  141         expressway system; requiring that the Division of Bond
  142         Finance and the authority provide certain construction
  143         documents to the department; providing for payment and
  144         the use of funds for the construction; authorizing the
  145         authority to appoint an agent under certain conditions
  146         to perform all phases of the project; requiring that
  147         an authority identify an expressway project in the
  148         authority’s work plan and submit the work plan along
  149         with its budget; requiring that the work plan include
  150         certain information; requiring legislative approval of
  151         the authority’s budget and work plan; requiring that
  152         the department operate and maintain the expressway
  153         system; requiring that the costs incurred be
  154         reimbursed from revenues of the expressway system;
  155         providing that an expressway system is part of the
  156         State Highway System; authorizing the authority to
  157         fix, alter, charge, and establish tolls, rates, fees,
  158         rentals, and other charges; amending s. 348.52, F.S.;
  159         authorizing the Tampa-Hillsborough County Expressway
  160         Authority to employ certain personnel; assigning the
  161         authority to the Office of the Secretary of the
  162         Department of Transportation for purposes of
  163         administrative and fiscal accountability; providing
  164         that the authority is independent of the control,
  165         supervision, and direction of the department;
  166         providing guidelines relating to the budget of the
  167         authority; providing that the budget is not subject to
  168         change by the department staff under certain
  169         circumstances; requiring that the budget be
  170         transmitted to the Governor; providing that certain
  171         revenues received by the authority and certain
  172         unexpended balances in the authority’s accounts are
  173         deemed deposited into the State Transportation Trust
  174         Fund and appropriated to certain accounts; providing
  175         for the expenditure of the funds; providing that
  176         certain moneys be deposited into the State Treasury if
  177         a court finds certain expenditure restrictions
  178         invalid; limiting the application of certain
  179         restrictions to the term of the lease-purchase
  180         agreement between the Tampa-Hillsborough County
  181         Expressway Authority and the department or the
  182         duration the department is not reimbursed by the
  183         authority for certain expenditures; providing a
  184         limitation on expressway employee compensation;
  185         amending s. 348.54, F.S.; providing for the powers of
  186         the authority with respect to certain lease-purchase
  187         agreements; amending s. 348.545, F.S.; conforming
  188         cross-references; amending s. 348.56, F.S.; providing
  189         criteria for bonds issued on or after a certain date;
  190         amending s. 348.565, F.S.; conforming provisions;
  191         removing from the list of approved projects for the
  192         Tampa-Hillsborough County Expressway System the
  193         connector highway linking Lee Roy Selmon Crosstown
  194         Expressway to Interstate 4; amending s. 348.57, F.S.,
  195         relating to refunding bonds; conforming references and
  196         provisions; amending s. 348.60, F.S.; providing that
  197         the Tampa-Hillsborough County Expressway Authority is
  198         a party to lease-purchase agreements between the
  199         department and the authority which are dated on
  200         specified dates; prohibiting the authority from
  201         entering into other lease-purchase agreements or
  202         amending the lease-purchase agreement unless the
  203         department determines an agreement or amendment is
  204         necessary to permit refunding of certain bonds;
  205         providing that the expressway system remains the
  206         property of the authority if the lease-purchase
  207         agreement terminates; providing that the authority
  208         remains obligated to reimburse the department if the
  209         agreement terminates; requiring that the department
  210         operate and maintain the system as the agent of the
  211         authority; creating s. 348.615, F.S.; providing that
  212         the department is the agent for purposes of collecting
  213         tolls for the use of the authority’s expressway
  214         system; authorizing the authority to fix, alter,
  215         charge, and establish tolls, rates, fees, rentals, and
  216         other charges; amending s. 348.753, F.S.; authorizing
  217         the Orlando-Orange County Expressway Authority to
  218         contract with the Division of Bond Finance for certain
  219         financial services; assigning the authority to the
  220         Office of the Secretary of the Department of
  221         Transportation for purposes of administrative and
  222         fiscal accountability; providing that the authority is
  223         independent of the control, supervision, and direction
  224         of the department; providing guidelines relating to
  225         the budget of the authority; providing for the use of
  226         revenues and unexpended balances received by the
  227         authority; authorizing the authority to expend certain
  228         revenues appropriated from the State Transportation
  229         Trust Fund; limiting the application of certain
  230         provisions to the term of the lease-purchase agreement
  231         between the Orlando-Orange County Expressway Authority
  232         and the department or the duration that the department
  233         is not reimbursed by the authority for certain
  234         expenditures; providing a limitation on compensation
  235         of expressway employees; amending s. 348.754, F.S.;
  236         providing that the transportation authority is a party
  237         to specified lease-purchase agreements between the
  238         department and the authority; prohibiting the
  239         authority from entering into other lease-purchase
  240         agreements or amending a specified lease-purchase
  241         agreement; amending s. 348.7543, F.S.; conforming a
  242         cross-reference and revising provisions governing the
  243         issuance of bonds; amending s. 348.7545, F.S.;
  244         conforming a cross-reference; amending s. 348.7546,
  245         F.S.; authorizing the Orlando-Orange County Expressway
  246         Authority to exercise certain powers with respect to
  247         certain portions of the Wekiva Parkway; clarifying
  248         that the condemnation powers or the acquisition of
  249         certain property before a certain date is not
  250         invalidated; requiring that the authority repay
  251         certain expenditures made by the department for the
  252         operation and maintenance of the Orlando-Orange County
  253         Expressway System; requiring that the authority pay
  254         the department certain payments by specified dates;
  255         requiring that all funds paid to the department be
  256         used for construction of the Wekiva Parkway;
  257         prohibiting the authority from requesting the issuance
  258         of certain bonds without approval from the department;
  259         providing restrictions on refunding bonds;
  260         conditioning the department’s obligation of
  261         constructing portions of the Wekiva Parkway upon
  262         certain timely payments by the authority; amending s.
  263         348.7547, F.S.; conforming a cross-reference;
  264         providing that a specified project may be financed
  265         with revenue bonds issued on behalf of the authority;
  266         amending s. 348.755, F.S.; prohibiting the authority
  267         from requesting the issuance of any bonds, except
  268         bonds issued to refund specified bonds; prohibiting
  269         refunding bonds from being issued if the bonds have a
  270         final maturity later than the final maturity of the
  271         bonds refunded or if the refunding bonds provide for a
  272         certain higher debt service; prohibiting the authority
  273         from requesting, without the department’s consent, the
  274         issuance of any bonds secured by a pledge of any
  275         revenues of the authority which is senior to the
  276         authority’s obligation to reimburse the department;
  277         restricting the authority’s ability to request the
  278         issuance of bonds unless the resolution authorizing
  279         the bonds pledges the revenues for certain purposes;
  280         providing for the termination of the department’s
  281         obligations under lease-purchase agreements to pay
  282         certain costs of the Orlando-Orange County Expressway
  283         System; prohibiting the authority from requesting the
  284         issuance of refunding bonds under certain
  285         circumstances; amending s. 348.757, F.S.; limiting
  286         certain authorized lease-purchase agreements;
  287         prohibiting the authority from entering into or
  288         amending certain lease-purchase agreements; providing
  289         for the termination of the department’s obligations
  290         under certain lease-purchase agreements; creating s.
  291         348.7585, F.S.; providing that the department is the
  292         agent for purposes of collecting tolls for the
  293         Orlando-Orange County Expressway System; authorizing
  294         the authority to fix, alter, charge, and establish
  295         tolls, rates, fees, rentals, and other charges;
  296         amending s. 348.9952, F.S.; removing provisions
  297         authorizing the Osceola County Expressway Authority to
  298         employ a fiscal agent; repealing s. 348.9956, F.S.,
  299         relating to the appointment of the department as the
  300         agent of the authority for construction; creating s.
  301         348.99565, F.S.; providing that the department is the
  302         agent for purposes of performing all phases of
  303         constructing improvements and extensions to the
  304         Orlando-Orange County Expressway System; requiring
  305         that the Division of Bond Finance and the expressway
  306         authority provide construction documents to the
  307         department; providing for payment and use of funds for
  308         the construction; authorizing the authority to appoint
  309         an agent under certain conditions to perform all
  310         phases of a project; providing guidelines that the
  311         authority must follow if it proposes construction of
  312         an expressway; requiring legislative approval for the
  313         issuance of bonds; requiring the department to operate
  314         and maintain the expressway system and authorizing
  315         that the department be reimbursed from revenues of the
  316         expressway system for costs incurred; authorizing the
  317         authority to collect tolls, fees, and other charges;
  318         amending s. 369.317, F.S.; providing for the
  319         Department of Environmental Protection to have
  320         exclusive permitting authority for certain activities
  321         associated with the Wekiva Parkway and related
  322         transportation facilities; requiring the department to
  323         locate the precise corridor and interchanges for the
  324         Wekiva Parkway to be located in Seminole County;
  325         amending s. 377.809, F.S.; conforming a cross
  326         reference; transferring funds and all future payments
  327         of obligated funds in the Toll Facilities Revolving
  328         Trust Fund to the State Transportation Trust Fund;
  329         requiring that the Florida Transportation Commission
  330         conduct a study of the potential for cost savings
  331         through certain activities by or on behalf of
  332         expressway authorities; authorizing the commission to
  333         retain experts as necessary to complete the study;
  334         requiring that the department pay the expenses of the
  335         experts; requiring that the commission provide a
  336         report to the Governor and Legislature; providing an
  337         effective date.
  338  
  339  Be It Enacted by the Legislature of the State of Florida:
  340  
  341         Section 1. Transfer to the Florida Turnpike Enterprise.The
  342  governance and control of the Mid-Bay Bridge Authority system,
  343  created pursuant to chapter 200-411, Laws of Florida, is
  344  transferred to the Florida Turnpike Enterprise.
  345         (1)The assets, facilities, tangible and intangible
  346  property and any rights in such property, and any other legal
  347  rights of the authority, including the bridge system operated by
  348  the authority, are transferred to the turnpike enterprise. All
  349  powers of the authority shall succeed to the turnpike
  350  enterprise, and the operations and maintenance of the bridge
  351  system shall be under the control of the turnpike enterprise,
  352  pursuant to this section. Revenues collected on the bridge
  353  system may be considered turnpike revenues and the Mid-Bay
  354  Bridge may be considered part of the turnpike system, if bonds
  355  of the authority are not outstanding. The turnpike enterprise
  356  also assumes all liability for bonds of the bridge authority
  357  pursuant to the provisions of subsection (2). The turnpike
  358  enterprise may review other contracts, financial obligations,
  359  and contractual obligations and liabilities of the authority and
  360  may assume legal liability for such obligations that are
  361  determined to be necessary for the continued operation of the
  362  bridge system.
  363         (2)The transfer pursuant to this section is subject to the
  364  terms and covenants provided for the protection of the holders
  365  of the Mid-Bay Bridge Authority bonds in the lease-purchase
  366  agreement and the resolutions adopted in connection with the
  367  issuance of the bonds. Further, the transfer does not impair the
  368  terms of the contract between the authority and the bondholders,
  369  does not act to the detriment of the bondholders, and does not
  370  diminish the security for the bonds. After the transfer, the
  371  turnpike enterprise shall operate and maintain the bridge system
  372  and any other facilities of the authority in accordance with the
  373  terms, conditions, and covenants contained in the bond
  374  resolutions and lease-purchase agreement securing the bonds of
  375  the authority. The turnpike enterprise shall collect toll
  376  revenues and apply them to the payment of debt service as
  377  provided in the bond resolution securing the bonds and shall
  378  expressly assume all obligations relating to the bonds to ensure
  379  that the transfer will have no adverse impact on the security
  380  for the bonds of the authority. The transfer does not make the
  381  obligation to pay the principal and interest on the bonds a
  382  general liability of the turnpike or pledge the turnpike system
  383  revenues to payment of the bonds. Revenues that are generated by
  384  the bridge system and other facilities of the authority and that
  385  were pledged by the authority to the payment of the bonds remain
  386  subject to the pledge for the benefit of the bondholders. The
  387  transfer does not modify or eliminate any prior obligation of
  388  the Department of Transportation to pay certain costs of the
  389  bridge system from sources other than revenues of the bridge
  390  system. With regard to the authority’s current long-term debt of
  391  $16.1 million due to the department as of June 30, 2011, and to
  392  the extent permitted by the bond resolutions and lease-purchase
  393  agreement securing the bonds, the turnpike enterprise shall make
  394  payment annually to the State Transportation Trust Fund, for the
  395  purpose of repaying the authority’s long-term debt due to the
  396  department, from any bridge system revenues obtained under this
  397  section which remain after the payment of the costs of
  398  operations, maintenance, renewal, and replacement of the bridge
  399  system; the payment of current debt service; and other payments
  400  required in relation to the bonds. The turnpike enterprise shall
  401  make such annual payments, not to exceed $1 million per year, to
  402  the State Transportation Trust Fund until all remaining
  403  authority long-term debt due to the department has been repaid.
  404         (3) Any remaining toll revenue from the facilities of the
  405  Mid-Bay Bridge Authority collected by the Florida Turnpike
  406  Enterprise after meeting the requirements of subsections (1) and
  407  (2) shall be used for the construction, maintenance, or
  408  improvement of any toll facility of the Florida Turnpike
  409  Enterprise within the county or counties in which the revenue
  410  was collected.
  411         Section 2. Section 288.063, Florida Statutes, is repealed.
  412         Section 3. Paragraph (a) of subsection (7) of section
  413  288.0656, Florida Statutes, is amended to read:
  414         288.0656 Rural Economic Development Initiative.—
  415         (7)(a) REDI may recommend to the Governor up to three rural
  416  areas of critical economic concern. The Governor may by
  417  executive order designate up to three rural areas of critical
  418  economic concern which will establish these areas as priority
  419  assignments for REDI as well as to allow the Governor, acting
  420  through REDI, to waive criteria, requirements, or similar
  421  provisions of any economic development incentive. Such
  422  incentives shall include, but not be limited to: the Qualified
  423  Target Industry Tax Refund Program under s. 288.106, the Quick
  424  Response Training Program under s. 288.047, the Quick Response
  425  Training Program for participants in the welfare transition
  426  program under s. 288.047(8), transportation projects under s.
  427  339.2821 288.063, the brownfield redevelopment bonus refund
  428  under s. 288.107, and the rural job tax credit program under ss.
  429  212.098 and 220.1895.
  430         Section 4. Paragraph (b) of subsection (6) of section
  431  316.3025, Florida Statutes, is amended to read:
  432         316.3025 Penalties.—
  433         (6)
  434         (b) All penalties imposed and collected under this section
  435  shall be paid to the Chief Financial Officer, who shall credit
  436  the total amount collected to the Highway Safety Operating State
  437  Transportation Trust Fund for use in repairing and maintaining
  438  the general operations of the department roads of this state.
  439         Section 5. Subsection (6) of section 316.545, Florida
  440  Statutes, is amended to read:
  441         316.545 Weight and load unlawful; special fuel and motor
  442  fuel tax enforcement; inspection; penalty; review.—
  443         (6) Any officer or agent collecting the penalties herein
  444  imposed by this section shall cooperate with the owners or
  445  drivers of motor vehicles so as not to delay unduly the
  446  vehicles. All penalties imposed and collected under this section
  447  by any state agency having jurisdiction shall be paid to the
  448  Chief Financial Officer, who shall credit the total amount
  449  thereof to the Highway Safety Operating State Transportation
  450  Trust Fund for use in the general operations of the department,
  451  which shall be used to repair and maintain the roads of this
  452  state and to enforce this section.
  453         Section 6. Section 319.32, Florida Statutes, is amended to
  454  read:
  455         319.32 Fees; service charges; disposition.—
  456         (1) The department shall charge a fee of $70 for each
  457  original certificate of title, except for a certificate of title
  458  for a motor vehicle for hire registered under s. 320.08(6) for
  459  which the title fee shall be $49; $70 for each duplicate copy of
  460  a certificate of title, except for a certificate of title for a
  461  motor vehicle for hire registered under s. 320.08(6) for which
  462  the title fee shall be $49; $2 for each salvage certificate of
  463  title; and $3 for each assignment by a lienholder. The
  464  department shall also charge a fee of $2 for noting a lien on a
  465  title certificate, which fee includes the services for the
  466  subsequent issuance of a corrected certificate or cancellation
  467  of lien when that lien is satisfied. If an application for a
  468  certificate of title is for a vehicle that is required by s.
  469  319.14(1)(b) to have a physical examination, the department
  470  shall charge an additional fee of $40 for the initial
  471  examination and $20 for each subsequent examination. The initial
  472  examination fee shall be deposited into the General Revenue
  473  Fund, and each subsequent examination fee shall be deposited
  474  into the Highway Safety Operating Trust Fund. The physical
  475  examination of the vehicle includes, but is not limited to,
  476  verification of the vehicle identification number and
  477  verification of the bill of sale or title for major components.
  478  In addition to all other fees charged, a sum of $1 shall be paid
  479  for the issuance of an original or duplicate certificate of
  480  title to cover the cost of materials used for security purposes.
  481  A service fee of $2.50, to be deposited into the Highway Safety
  482  Operating Trust Fund, shall be charged for shipping and handling
  483  for each paper title mailed by the department.
  484         (2)(a) There shall be a service charge of $4.25 for each
  485  application that which is handled in connection with the
  486  issuance, duplication, or transfer of any certificate of title.
  487  There shall be a service charge of $1.25 for each application
  488  that which is handled in connection with the recordation or
  489  notation of a lien on a motor vehicle or mobile home which is
  490  not in connection with the purchase of such vehicle.
  491         (b) The service charges specified in paragraph (a) shall be
  492  collected by the department on any application handled directly
  493  from its office. Otherwise, these service charges shall be
  494  collected and retained by the tax collector who handles the
  495  application.
  496         (3) The department shall charge a fee of $10 in addition to
  497  that charged in subsection (1) for each original certificate of
  498  title issued for a vehicle previously registered outside this
  499  state.
  500         (4) The department shall charge a fee of $7 for each lien
  501  placed on a motor vehicle by the state child support enforcement
  502  program pursuant to s. 319.24.
  503         (5) All fees collected pursuant to subsection (3) shall be
  504  paid into the Nongame Wildlife Trust Fund. Forty-two Twenty-one
  505  dollars of each fee for each applicable original certificate of
  506  title and each applicable duplicate copy of a certificate of
  507  title, after deducting the service charges imposed by s. 215.20,
  508  shall be deposited into the State Transportation Trust Fund. All
  509  other fees collected by the department under this chapter shall
  510  be paid into the General Revenue Fund.
  511         (6) Notwithstanding chapter 116, every county officer
  512  within this state authorized to collect funds provided for in
  513  this chapter shall pay all sums officially received by the
  514  officer into the State Treasury no later than 5 working days
  515  after the close of the business day in which the officer
  516  received the funds. Payment by county officers to the state
  517  shall be made by means of electronic funds transfer.
  518         Section 7. Subsection (4) of section 320.072, Florida
  519  Statutes, is amended to read:
  520         320.072 Additional fee imposed on certain motor vehicle
  521  registration transactions.—
  522         (4) A tax collector or other authorized agent of the
  523  department shall promptly remit 44.5 percent of all moneys
  524  collected pursuant to this section, less any refunds granted
  525  pursuant to subsection (3), to the department to be deposited
  526  into the State Transportation Trust Fund. The remaining 55.5
  527  percent shall be deposited into the General Revenue Fund.
  528         Section 8. Section 320.08, Florida Statutes, is amended to
  529  read:
  530         320.08 License taxes.—Except as otherwise provided in this
  531  section herein, there are hereby levied and imposed annual
  532  license taxes for the operation of motor vehicles, mopeds,
  533  motorized bicycles as defined in s. 316.003(2), tri-vehicles as
  534  defined in s. 316.003, and mobile homes, as defined in s.
  535  320.01, which shall be paid to and collected by the department
  536  or its agent upon the registration or renewal of registration of
  537  the following:
  538         (1) MOTORCYCLES AND MOPEDS.—
  539         (a) Any motorcycle: $13.50 flat, of which $3.50 shall be
  540  deposited into the General Revenue Fund.
  541         (b) Any moped: $6.75 flat, of which $1.75 shall be
  542  deposited into the General Revenue Fund.
  543         (c) Upon registration of any motorcycle, motor-driven
  544  cycle, or moped there shall be paid in addition to the license
  545  taxes specified in this subsection a nonrefundable motorcycle
  546  safety education fee in the amount of $2.50. The proceeds of
  547  such additional fee shall be deposited in the Highway Safety
  548  Operating Trust Fund to fund a motorcycle driver improvement
  549  program implemented pursuant to s. 322.025, the Florida
  550  Motorcycle Safety Education Program established in s. 322.0255,
  551  or the general operations of the department.
  552         (d) An ancient or antique motorcycle: $8.50 flat, of which
  553  $3.50 shall be deposited into the General Revenue Fund.
  554         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  555         (a) An ancient or antique automobile, as defined in s.
  556  320.086, or a street rod, as defined in s. 320.0863: $10.25
  557  flat, of which $2.75 shall be deposited into the General Revenue
  558  Fund.
  559         (b) Net weight of less than 2,500 pounds: $19.50 flat, of
  560  which $5 shall be deposited into the General Revenue Fund.
  561         (c) Net weight of 2,500 pounds or more, but less than 3,500
  562  pounds: $30.50 flat, of which $8 shall be deposited into the
  563  General Revenue Fund.
  564         (d) Net weight of 3,500 pounds or more: $44 flat, of which
  565  $11.50 shall be deposited into the General Revenue Fund.
  566         (3) TRUCKS.—
  567         (a) Net weight of less than 2,000 pounds: $19.50 flat, of
  568  which $5 shall be deposited into the General Revenue Fund.
  569         (b) Net weight of 2,000 pounds or more, but not more than
  570  3,000 pounds: $30.50 flat, of which $8 shall be deposited into
  571  the General Revenue Fund.
  572         (c) Net weight more than 3,000 pounds, but not more than
  573  5,000 pounds: $44 flat, of which $11.50 shall be deposited into
  574  the General Revenue Fund.
  575         (d) A truck defined as a “goat,” or any other vehicle if
  576  used in the field by a farmer or in the woods for the purpose of
  577  harvesting a crop, including naval stores, during such
  578  harvesting operations, and which is not principally operated
  579  upon the roads of the state: $10.25 flat, of which $2.75 shall
  580  be deposited into the General Revenue Fund. A “goat” is a motor
  581  vehicle designed, constructed, and used principally for the
  582  transportation of citrus fruit within citrus groves or for the
  583  transportation of crops on farms, and which can also be used for
  584  the hauling of associated equipment or supplies, including
  585  required sanitary equipment, and the towing of farm trailers.
  586         (e) An ancient or antique truck, as defined in s. 320.086:
  587  $10.25 flat, of which $2.75 shall be deposited into the General
  588  Revenue Fund.
  589         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  590  VEHICLE WEIGHT.—
  591         (a) Gross vehicle weight of 5,001 pounds or more, but less
  592  than 6,000 pounds: $60.75 flat, of which $15.75 shall be
  593  deposited into the General Revenue Fund.
  594         (b) Gross vehicle weight of 6,000 pounds or more, but less
  595  than 8,000 pounds: $87.75 flat, of which $22.75 shall be
  596  deposited into the General Revenue Fund.
  597         (c) Gross vehicle weight of 8,000 pounds or more, but less
  598  than 10,000 pounds: $103 flat, of which $27 shall be deposited
  599  into the General Revenue Fund.
  600         (d) Gross vehicle weight of 10,000 pounds or more, but less
  601  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  602  into the General Revenue Fund.
  603         (e) Gross vehicle weight of 15,000 pounds or more, but less
  604  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  605  into the General Revenue Fund.
  606         (f) Gross vehicle weight of 20,000 pounds or more, but less
  607  than 26,001 pounds: $251 flat, of which $65 shall be deposited
  608  into the General Revenue Fund.
  609         (g) Gross vehicle weight of 26,001 pounds or more, but less
  610  than 35,000: $324 flat, of which $84 shall be deposited into the
  611  General Revenue Fund.
  612         (h) Gross vehicle weight of 35,000 pounds or more, but less
  613  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  614  into the General Revenue Fund.
  615         (i) Gross vehicle weight of 44,000 pounds or more, but less
  616  than 55,000 pounds: $773 flat, of which $201 shall be deposited
  617  into the General Revenue Fund.
  618         (j) Gross vehicle weight of 55,000 pounds or more, but less
  619  than 62,000 pounds: $916 flat, of which $238 shall be deposited
  620  into the General Revenue Fund.
  621         (k) Gross vehicle weight of 62,000 pounds or more, but less
  622  than 72,000 pounds: $1,080 flat, of which $280 shall be
  623  deposited into the General Revenue Fund.
  624         (l) Gross vehicle weight of 72,000 pounds or more: $1,322
  625  flat, of which $343 shall be deposited into the General Revenue
  626  Fund.
  627         (m) Notwithstanding the declared gross vehicle weight, a
  628  truck tractor used within a 150-mile radius of its home address
  629  is eligible for a license plate for a fee of $324 flat if:
  630         1. The truck tractor is used exclusively for hauling
  631  forestry products; or
  632         2. The truck tractor is used primarily for the hauling of
  633  forestry products, and is also used for the hauling of
  634  associated forestry harvesting equipment used by the owner of
  635  the truck tractor.
  636  
  637  Of the fee imposed by this paragraph, $84 shall be deposited
  638  into the General Revenue Fund.
  639         (n) A truck tractor or heavy truck, not operated as a for
  640  hire vehicle, which is engaged exclusively in transporting raw,
  641  unprocessed, and nonmanufactured agricultural or horticultural
  642  products within a 150-mile radius of its home address, is
  643  eligible for a restricted license plate for a fee of:
  644         1. If such vehicle’s declared gross vehicle weight is less
  645  than 44,000 pounds, $87.75 flat, of which $22.75 shall be
  646  deposited into the General Revenue Fund.
  647         2. If such vehicle’s declared gross vehicle weight is
  648  44,000 pounds or more and such vehicle only transports from the
  649  point of production to the point of primary manufacture; to the
  650  point of assembling the same; or to a shipping point of a rail,
  651  water, or motor transportation company, $324 flat, of which $84
  652  shall be deposited into the General Revenue Fund.
  653  
  654  Such not-for-hire truck tractors and heavy trucks used
  655  exclusively in transporting raw, unprocessed, and
  656  nonmanufactured agricultural or horticultural products may be
  657  incidentally used to haul farm implements and fertilizers
  658  delivered direct to the growers. The department may require any
  659  documentation deemed necessary to determine eligibility prior to
  660  issuance of this license plate. For the purpose of this
  661  paragraph, “not-for-hire” means the owner of the motor vehicle
  662  must also be the owner of the raw, unprocessed, and
  663  nonmanufactured agricultural or horticultural product, or the
  664  user of the farm implements and fertilizer being delivered.
  665         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  666  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  667         (a)1. A semitrailer drawn by a GVW truck tractor by means
  668  of a fifth-wheel arrangement: $13.50 flat per registration year
  669  or any part thereof, of which $3.50 shall be deposited into the
  670  General Revenue Fund.
  671         2. A semitrailer drawn by a GVW truck tractor by means of a
  672  fifth-wheel arrangement: $68 flat per permanent registration, of
  673  which $18 shall be deposited into the General Revenue Fund.
  674         (b) A motor vehicle equipped with machinery and designed
  675  for the exclusive purpose of well drilling, excavation,
  676  construction, spraying, or similar activity, and which is not
  677  designed or used to transport loads other than the machinery
  678  described above over public roads: $44 flat, of which $11.50
  679  shall be deposited into the General Revenue Fund.
  680         (c) A school bus used exclusively to transport pupils to
  681  and from school or school or church activities or functions
  682  within their own county: $41 flat, of which $11 shall be
  683  deposited into the General Revenue Fund.
  684         (d) A wrecker, as defined in s. 320.01(40), which is used
  685  to tow a vessel as defined in s. 327.02(39), a disabled,
  686  abandoned, stolen-recovered, or impounded motor vehicle as
  687  defined in s. 320.01(38), or a replacement motor vehicle as
  688  defined in s. 320.01(39): $41 flat, of which $11 shall be
  689  deposited into the General Revenue Fund.
  690         (e) A wrecker that is used to tow any nondisabled motor
  691  vehicle, a vessel, or any other cargo unless used as defined in
  692  paragraph (d), as follows:
  693         1. Gross vehicle weight of 10,000 pounds or more, but less
  694  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  695  into the General Revenue Fund.
  696         2. Gross vehicle weight of 15,000 pounds or more, but less
  697  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  698  into the General Revenue Fund.
  699         3. Gross vehicle weight of 20,000 pounds or more, but less
  700  than 26,000 pounds: $251 flat, of which $65 shall be deposited
  701  into the General Revenue Fund.
  702         4. Gross vehicle weight of 26,000 pounds or more, but less
  703  than 35,000 pounds: $324 flat, of which $84 shall be deposited
  704  into the General Revenue Fund.
  705         5. Gross vehicle weight of 35,000 pounds or more, but less
  706  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  707  into the General Revenue Fund.
  708         6. Gross vehicle weight of 44,000 pounds or more, but less
  709  than 55,000 pounds: $772 flat, of which $200 shall be deposited
  710  into the General Revenue Fund.
  711         7. Gross vehicle weight of 55,000 pounds or more, but less
  712  than 62,000 pounds: $915 flat, of which $237 shall be deposited
  713  into the General Revenue Fund.
  714         8. Gross vehicle weight of 62,000 pounds or more, but less
  715  than 72,000 pounds: $1,080 flat, of which $280 shall be
  716  deposited into the General Revenue Fund.
  717         9. Gross vehicle weight of 72,000 pounds or more: $1,322
  718  flat, of which $343 shall be deposited into the General Revenue
  719  Fund.
  720         (f) A hearse or ambulance: $40.50 flat, of which $10.50
  721  shall be deposited into the General Revenue Fund.
  722         (6) MOTOR VEHICLES FOR HIRE.—
  723         (a) Under nine passengers: $17 flat, of which $4.50 shall
  724  be deposited into the General Revenue Fund; plus $1.50 per cwt,
  725  of which 50 cents shall be deposited into the General Revenue
  726  Fund.
  727         (b) Nine passengers and over: $17 flat, of which $4.50
  728  shall be deposited into the General Revenue Fund; plus $2 per
  729  cwt, of which 50 cents shall be deposited into the General
  730  Revenue Fund.
  731         (7) TRAILERS FOR PRIVATE USE.—
  732         (a) Any trailer weighing 500 pounds or less: $6.75 flat per
  733  year or any part thereof, of which $1.75 shall be deposited into
  734  the General Revenue Fund.
  735         (b) Net weight over 500 pounds: $3.50 flat, of which $1
  736  shall be deposited into the General Revenue Fund; plus $1 per
  737  cwt, of which 25 cents shall be deposited into the General
  738  Revenue Fund.
  739         (8) TRAILERS FOR HIRE.—
  740         (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
  741  shall be deposited into the General Revenue Fund; plus $1.50 per
  742  cwt, of which 50 cents shall be deposited into the General
  743  Revenue Fund.
  744         (b) Net weight 2,000 pounds or more: $13.50 flat, of which
  745  $3.50 shall be deposited into the General Revenue Fund; plus
  746  $1.50 per cwt, of which 50 cents shall be deposited into the
  747  General Revenue Fund.
  748         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  749         (a) A travel trailer or fifth-wheel trailer, as defined by
  750  s. 320.01(1)(b), that does not exceed 35 feet in length: $27
  751  flat, of which $7 shall be deposited into the General Revenue
  752  Fund.
  753         (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
  754  $13.50 flat, of which $3.50 shall be deposited into the General
  755  Revenue Fund.
  756         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  757         1. Net weight of less than 4,500 pounds: $27 flat, of which
  758  $7 shall be deposited into the General Revenue Fund.
  759         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  760  which $12.25 shall be deposited into the General Revenue Fund.
  761         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  762         1. Net weight of less than 4,500 pounds: $27 flat, of which
  763  $7 shall be deposited into the General Revenue Fund.
  764         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  765  which $12.25 shall be deposited into the General Revenue Fund.
  766         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  767         1. Net weight of less than 4,500 pounds: $27 flat, of which
  768  $7 shall be deposited into the General Revenue Fund.
  769         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  770  which $12.25 shall be deposited into the General Revenue Fund.
  771         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
  772  35 FEET TO 40 FEET.—
  773         (a) Park trailers.—Any park trailer, as defined in s.
  774  320.01(1)(b)7.: $25 flat.
  775         (b) A travel trailer or fifth-wheel trailer, as defined in
  776  s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
  777         (11) MOBILE HOMES.—
  778         (a) A mobile home not exceeding 35 feet in length: $20
  779  flat.
  780         (b) A mobile home over 35 feet in length, but not exceeding
  781  40 feet: $25 flat.
  782         (c) A mobile home over 40 feet in length, but not exceeding
  783  45 feet: $30 flat.
  784         (d) A mobile home over 45 feet in length, but not exceeding
  785  50 feet: $35 flat.
  786         (e) A mobile home over 50 feet in length, but not exceeding
  787  55 feet: $40 flat.
  788         (f) A mobile home over 55 feet in length, but not exceeding
  789  60 feet: $45 flat.
  790         (g) A mobile home over 60 feet in length, but not exceeding
  791  65 feet: $50 flat.
  792         (h) A mobile home over 65 feet in length: $80 flat.
  793         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  794  motor vehicle dealer, independent motor vehicle dealer, marine
  795  boat trailer dealer, or mobile home dealer and manufacturer
  796  license plate: $17 flat, of which $4.50 shall be deposited into
  797  the General Revenue Fund.
  798         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  799  official license plate: $4 flat, of which $1 shall be deposited
  800  into the General Revenue Fund.
  801         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  802  vehicle for hire operated wholly within a city or within 25
  803  miles thereof: $17 flat, of which $4.50 shall be deposited into
  804  the General Revenue Fund; plus $2 per cwt, of which 50 cents
  805  shall be deposited into the General Revenue Fund.
  806         (15) TRANSPORTER.—Any transporter license plate issued to a
  807  transporter pursuant to s. 320.133: $101.25 flat, of which
  808  $26.25 shall be deposited into the General Revenue Fund.
  809         Section 9. Section 320.0801, Florida Statutes, is amended
  810  to read:
  811         320.0801 Additional license tax on certain vehicles.—
  812         (1) In addition to the license taxes specified in s. 320.08
  813  and in subsection (2), there is hereby levied and imposed an
  814  annual license tax of 10 cents for the operation of a motor
  815  vehicle, as defined in s. 320.01, and moped, as defined in s.
  816  316.003(77). This, which tax shall be paid to the department or
  817  its agent upon the registration or renewal of registration of
  818  the vehicle. Notwithstanding the provisions of s. 320.20,
  819  revenues collected from the tax imposed in this subsection shall
  820  be deposited in the Emergency Medical Services Trust Fund and
  821  used solely for the purpose of carrying out the provisions of
  822  ss. 395.401, 395.4015, 395.404, and 395.4045 and s. 11, chapter
  823  87-399, Laws of Florida.
  824         (2) In addition to the license taxes imposed by s. 320.08
  825  and by subsection (1), there is imposed an additional surcharge
  826  of $10 on each commercial motor vehicle having a gross vehicle
  827  weight of 10,000 pounds or more. This, which surcharge must be
  828  paid to the department or its agent upon the registration or
  829  renewal of registration of the commercial motor vehicle.
  830  Notwithstanding the provisions of s. 320.20, 50 percent of the
  831  revenues collected from the surcharge imposed in this subsection
  832  shall be deposited into the State Transportation Trust Fund, and
  833  50 percent shall be deposited in the General Revenue Fund.
  834         Section 10. Section 320.0804, Florida Statutes, is amended
  835  to read:
  836         320.0804 Surcharge on license tax; transportation trust
  837  fund.—There is hereby levied and imposed on each license tax
  838  imposed under s. 320.08, except those set forth in s.
  839  320.08(11), a surcharge in the amount of $4, which shall be
  840  collected in the same manner as the license tax and. Of this
  841  amount, $2 shall be deposited into the State Transportation
  842  Trust Fund, and $2 shall be deposited into the General Revenue
  843  Fund.
  844         Section 11. Funds that result from increased revenues to
  845  the State Transportation Trust Fund derived from sections 6
  846  through 10 of this act must be used as follows:
  847         (1) Beginning in the 2012-2013 fiscal year and annually for
  848  30 years thereafter, $15 million for the purpose of funding any
  849  seaport project identified in the 2011-2012 adopted work program
  850  of the Department of Transportation, to be known as the Seaport
  851  Investment Program. The revenues may be assigned, pledged, or
  852  set aside as a trust for the payment of principal or interest on
  853  bonds, tax anticipation certificates, or other forms of
  854  indebtedness issued by an individual port or appropriate local
  855  government having jurisdiction thereof, or collectively by
  856  interlocal agreement among any of the ports, or used to purchase
  857  credit support to permit such borrowings. However, the debt is
  858  not a general obligation of the state. The state covenants with
  859  holders of the revenue bonds or other instruments of
  860  indebtedness issued pursuant to this subsection that it will not
  861  repeal or impair or amend this subsection in any manner that
  862  will materially or adversely affect the rights of holders so
  863  long as bonds authorized by this subsection are outstanding. Any
  864  revenues that are not pledged to the repayment of bonds as
  865  authorized by this section may be used for purposes authorized
  866  under the Florida Seaport Transportation and Economic
  867  Development Program. This revenue source is in addition to any
  868  amounts provided for and appropriated in accordance with ss.
  869  311.07 and 320.20(3) and (4), Florida Statutes. Revenue bonds
  870  shall be issued by the Division of Bond Finance at the request
  871  of the Department of Transportation pursuant to the State Bond
  872  Act.
  873         (2) Beginning in the 2012-2013 fiscal year and annually for
  874  30 years thereafter, $50 million shall be transferred to
  875  Florida’s Turnpike Enterprise, to be used in accordance with
  876  Florida Turnpike Enterprise Law.
  877         (3) In the 2012-2013 fiscal year, $5 million shall be
  878  transferred to the Transportation Disadvantaged Trust Fund for
  879  purposes of the Commission for the Transportation Disadvantaged
  880  as provided in chapter 427, Florida Statutes. Beginning in the
  881  2013-2014 fiscal year and annually thereafter, $10 million shall
  882  be transferred to the Transportation Disadvantaged Trust Fund,
  883  to be used as specified in this subsection.
  884         (4) Notwithstanding any other law to the contrary:
  885         (a) After the distributions required pursuant to
  886  subsections (1), (2), and (3), the remaining funds must be used
  887  for the following specified purposes:
  888         1. In the 2012-2013 fiscal year, $10 million for purposes
  889  of the Small County Outreach Program specified in s. 339.2818,
  890  Florida Statutes. These funds are in addition to the funds
  891  provided in s. 201.15(1)(c)1.b., Florida Statutes. Beginning in
  892  the 2013-2014 fiscal year and annually thereafter, $25 million
  893  shall be allocated to the Small County Outreach Program, to be
  894  used as specified in this subsection.
  895         2. Beginning in the 2013-2014 fiscal year, $25 million
  896  annually for purposes of the Transportation Regional Incentive
  897  Program as specified in s. 339.2819, Florida Statutes. These
  898  funds are in addition to the funds provided in s.
  899  201.15(1)(c)1.d., Florida Statutes.
  900         3. In the 2012-2013 fiscal year, $287,320,240 shall be
  901  transferred to the General Revenue Fund.
  902         (b) The remaining funds must be used annually for
  903  transportation projects within this state for existing or
  904  planned strategic transportation corridors which connect major
  905  markets within this state or between this state and other
  906  states, which focus on job creation, and which increase this
  907  state’s viability in the national and global markets.
  908         (5) Pursuant to s. 339.135(7), Florida Statutes, the
  909  department may amend the work program to add the projects
  910  necessary to implement this section.
  911         Section 12. Section 320.204, Florida Statutes, is repealed.
  912         Section 13. Present subsections (8) through (13) of section
  913  334.30, Florida Statutes, are redesignated as subsections (7)
  914  through (12), respectively, and present subsection (7) of that
  915  section is amended, to read:
  916         334.30 Public-private transportation facilities.—The
  917  Legislature finds and declares that there is a public need for
  918  the rapid construction of safe and efficient transportation
  919  facilities for the purpose of traveling within the state, and
  920  that it is in the public’s interest to provide for the
  921  construction of additional safe, convenient, and economical
  922  transportation facilities.
  923         (7) The department may lend funds from the Toll Facilities
  924  Revolving Trust Fund, as outlined in s. 338.251, to private
  925  entities that construct projects on the State Highway System
  926  containing toll facilities that are approved under this section.
  927  To be eligible, a private entity must comply with s. 338.251 and
  928  must provide an indication from a nationally recognized rating
  929  agency that the senior bonds for the project will be investment
  930  grade, or must provide credit support such as a letter of credit
  931  or other means acceptable to the department, to ensure that the
  932  loans will be fully repaid. The state’s liability for the
  933  funding of a facility is limited to the amount approved for that
  934  specific facility in the department’s 5-year work program
  935  adopted pursuant to s. 339.135.
  936         Section 14. Subsection (10) is added to section 338.165,
  937  Florida Statutes, to read:
  938         338.165 Continuation of tolls.—
  939         (10) The department’s Beachline-East Expressway may be
  940  transferred by the department and become part of the turnpike
  941  system under the Florida Turnpike Enterprise Law. Any funds
  942  expended by the Florida Turnpike Enterprise for the acquisition
  943  of the Beachline-East Expressway shall be deposited into the
  944  State Transportation Trust Fund, and, notwithstanding any other
  945  law to the contrary, such funds shall first be allocated by the
  946  department to fund the department’s obligation to construct
  947  Wekiva Parkway. The term “Wekiva Parkway” means a limited access
  948  highway or expressway constructed between State Road 429 and
  949  Interstate 4 specifically incorporating the corridor alignment
  950  recommended by Recommendation 2 of the Wekiva River Basin Area
  951  Task Force final report dated January 15, 2003, and the
  952  recommendations of the SR 429 Working Group which were adopted
  953  January 16, 2004, and related transportation facilities.
  954         Section 15. Subsection (4) is added to section 338.2275,
  955  Florida Statutes, to read:
  956         338.2275 Approved turnpike projects.—
  957         (4) Notwithstanding subsection (1), the department may not
  958  issue any bonds to fund the department’s obligation to construct
  959  Wekiva Parkway. The term “Wekiva Parkway” means a limited access
  960  highway or expressway constructed between State Road 429 and
  961  Interstate 4 specifically incorporating the corridor alignment
  962  recommended by Recommendation 2 of the Wekiva River Basin Area
  963  Task Force final report dated January 15, 2003, and the
  964  recommendations of the SR 429 Working Group which were adopted
  965  January 16, 2004, and related transportation facilities.
  966         Section 16. Subsection (3) is added to section 338.250,
  967  Florida Statutes, to read:
  968         338.250 Central Florida Beltway Mitigation.—
  969         (3) This section does not apply to the Wekiva Parkway or
  970  related transportation facilities. The term “Wekiva Parkway”
  971  means a limited access highway or expressway constructed between
  972  State Road 429 and Interstate 4 specifically incorporating the
  973  corridor alignment recommended by Recommendation 2 of the Wekiva
  974  River Basin Area Task Force final report dated January 15, 2003,
  975  and the recommendations of the SR 429 Working Group which were
  976  adopted January 16, 2004.
  977         Section 17. Section 338.251, Florida Statutes, is repealed.
  978         Section 18. Paragraph (f) of subsection (1) of section
  979  339.08, Florida Statutes, is amended to read:
  980         339.08 Use of moneys in State Transportation Trust Fund.—
  981         (1) The department shall expend moneys in the State
  982  Transportation Trust Fund accruing to the department, in
  983  accordance with its annual budget. The use of such moneys shall
  984  be restricted to the following purposes:
  985         (f) To pay the cost of economic development transportation
  986  projects in accordance with s. 339.2821 288.063.
  987         Section 19. Section 339.139, Florida Statutes, is created
  988  to read:
  989         339.139Transportation debt assessment.—
  990         (1) It is the policy of the state to manage the financing
  991  of transportation infrastructure in a manner that ensures the
  992  fiscal integrity of the State Transportation Trust Fund.
  993         (2) The department shall provide a debt and debtlike
  994  contractual obligations load report to the Executive Office of
  995  the Governor, the President of the Senate, the Speaker of the
  996  House of Representatives, and the legislative appropriations
  997  committees in conjunction with the tentative work program
  998  required under s. 339.135. The debt and debtlike contractual
  999  obligations load report must include the following data on
 1000  current and planned department commitments that are payable from
 1001  the State Transportation Trust Fund:
 1002         (a) Debt service payments that are required to be made
 1003  under any resolution for the issuance of bonds secured by a lien
 1004  on federal highway aid reimbursements or motor fuel and diesel
 1005  fuel taxes.
 1006         (b) Funding for seaports which has been pledged to the
 1007  payment of principal and interest on bonds issued by the Florida
 1008  Ports Financing Commission pursuant to s. 320.20.
 1009         (c) Commitments of the department to pay the costs of
 1010  operating, maintaining, repairing, and rehabilitating expressway
 1011  and bridge systems under the terms of lease-purchase agreements
 1012  which are enforceable by the holders of bonds issued by
 1013  expressway and bridge authorities pursuant to chapter 348.
 1014         (d) Availability, milestone, and final acceptance payments
 1015  that are required by public-private partnerships pursuant to s.
 1016  334.30 and that are not payments for the cost of operation or
 1017  maintenance of a facility.
 1018         (e) Agreed-on payments to a department contractor for work
 1019  performed in the current fiscal year for which payment is
 1020  deferred to a later fiscal year under the provisions of s.
 1021  334.30.
 1022         (f) Reimbursements to local governments for work performed
 1023  on a project if the reimbursement is deferred to a later fiscal
 1024  year under the provisions of s. 339.12.
 1025         (g) Loan repayments on state infrastructure bank loans
 1026  extended to a department district pursuant to s. 339.55.
 1027         (3) The department shall manage all levels of debt to
 1028  ensure that by the beginning of the 2017–2018 fiscal year, not
 1029  more than 20 percent of total projected available state and
 1030  federal revenues from the State Transportation Trust Fund,
 1031  together with any local funds committed to department projects,
 1032  are committed to the obligations identified in subsection (2) in
 1033  any year.
 1034         (4) If the department believes that a critical project
 1035  would justify exceeding the limitation established in this
 1036  section, the department shall notify the Governor, the President
 1037  of the Senate, the Speaker of the House of Representatives, and
 1038  the chairs of the legislative appropriations committees. The
 1039  notification must identify the critical project and the
 1040  projected impact on the department’s total debt load. The
 1041  department may proceed with the project upon approval of the
 1042  Governor. If either chair of the legislative appropriations
 1043  committees, the President of the Senate, or the Speaker of the
 1044  House of Representatives objects in writing to a proposed
 1045  project within 14 days after submittal of a department request
 1046  to exceed debt limits and specifies the reasons for such
 1047  objection, the Governor may not approve the project.
 1048         (5) The department shall prepare a separate report on debt
 1049  obligations that are secured by and payable solely from pledged
 1050  revenues. The department shall provide the report on pledged
 1051  revenue debt to the Executive Office of the Governor, the
 1052  President of the Senate, the Speaker of the House of
 1053  Representatives, and the legislative appropriations committees
 1054  in conjunction with the tentative work program required under s.
 1055  339.135.
 1056         Section 20. Section 339.2821, Florida Statutes, is created
 1057  to read:
 1058         339.2821Economic development transportation projects.—
 1059         (1)(a) The department, in consultation with the Department
 1060  of Economic Opportunity, may make and approve expenditures and
 1061  contract with the appropriate governmental body for the direct
 1062  costs of transportation projects. The Department of Economic
 1063  Opportunity and the Department of Environmental Protection may
 1064  formally review and comment on recommended transportation
 1065  projects, although the department has final approval authority
 1066  for any project authorized under this section.
 1067         (b) As used in this section, the term:
 1068         1. “Governmental body” means an instrumentality of the
 1069  state or a county, municipality, district, authority, board, or
 1070  commission, or an agency thereof, within which jurisdiction the
 1071  transportation project is located and which is responsible to
 1072  the department for the transportation project.
 1073         2. “Transportation project” means a transportation
 1074  facility, as defined in s. 334.03, which the department, in
 1075  consultation with the Department of Economic Opportunity, deems
 1076  necessary to facilitate the economic development and growth of
 1077  the state.
 1078         (2) The department, in consultation with the Department of
 1079  Economic Opportunity, shall review each transportation project
 1080  for approval and funding. In the review, the department must
 1081  consider:
 1082         (a) The cost per job created or retained considering the
 1083  amount of transportation funds requested;
 1084         (b) The average hourly rate of wages for jobs created;
 1085         (c) The reliance on any program as an inducement for
 1086  determining the transportation project’s location;
 1087         (d) The amount of capital investment to be made by a
 1088  business;
 1089         (e) The demonstrated local commitment;
 1090         (f) The location of the transportation project in an
 1091  enterprise zone as designated in s. 290.0055;
 1092         (g) The location of the transportation project in a
 1093  spaceport territory as defined in s. 331.304;
 1094         (h) The unemployment rate of the surrounding area; and
 1095         (i) The poverty rate of the community.
 1096  
 1097  The department may contact any agency it deems appropriate for
 1098  additional information regarding the approval of a
 1099  transportation project. A transportation project must be
 1100  approved by the department to be eligible for funding.
 1101         (3)(a) The department must approve a transportation project
 1102  if it determines that the transportation project will:
 1103         1. Attract new employment opportunities to the state or
 1104  expand or retain employment in existing companies operating
 1105  within the state.
 1106         2. Allow for the construction or expansion of a state or
 1107  federal correctional facility in a county having a population of
 1108  75,000 or fewer which creates new employment opportunities or
 1109  expands or retains employment in the county.
 1110         (b) The department must ensure that small and minority
 1111  businesses have equal access to participate in transportation
 1112  projects funded pursuant to this section.
 1113         (c) In addition to administrative costs and equipment
 1114  purchases specified in the contract, funds for approved
 1115  transportation projects may be used for expenses that are
 1116  necessary for building new, or improving existing,
 1117  transportation facilities. Funds made available pursuant to this
 1118  section may not be expended for the relocation of a business
 1119  from one community to another community in this state unless the
 1120  department determines that, without the relocation, the business
 1121  will move outside the state or determines that the business has
 1122  a compelling economic reason for the relocation, such as
 1123  creating additional jobs.
 1124         (4) A contract between the department and a governmental
 1125  body for a transportation project must:
 1126         (a) Specify that the transportation project is for the
 1127  construction of a new or expanding business and specify the
 1128  number of full-time permanent jobs that will result from the
 1129  project.
 1130         (b) Identify the governmental body and require that the
 1131  governmental body award the construction of the particular
 1132  transportation project to the lowest and best bidder in
 1133  accordance with applicable state and federal statutes or rules
 1134  unless the transportation project can be constructed using
 1135  existing local governmental employees within the contract period
 1136  specified by the department.
 1137         (c) Require that the governmental body provide the
 1138  department with quarterly progress reports. Each quarterly
 1139  progress report must contain:
 1140         1. A narrative description of the work completed and
 1141  whether the work is proceeding according to the transportation
 1142  project schedule;
 1143         2. A description of each change order executed by the
 1144  governmental body;
 1145         3. A budget summary detailing planned expenditures compared
 1146  to actual expenditures; and
 1147         4. The identity of each small or minority business used as
 1148  a contractor or subcontractor.
 1149         (d) Require that the governmental body make and maintain
 1150  records in accordance with accepted governmental accounting
 1151  principles and practices for each progress payment made for work
 1152  performed in connection with the transportation project, each
 1153  change order executed by the governmental body, and each payment
 1154  made pursuant to a change order. The records are subject to
 1155  financial audit as required by law.
 1156         (e) Require that the governmental body, upon completion and
 1157  acceptance of the transportation project, certify to the
 1158  department that the transportation project has been completed in
 1159  compliance with the terms and conditions of the contract between
 1160  the department and the governmental body and meets the minimum
 1161  construction standards established in accordance with s.
 1162  336.045.
 1163         (f) Specify that the department transfer funds to the
 1164  governmental body not more often than quarterly, upon receipt of
 1165  a request for funds from the governmental body and consistent
 1166  with the needs of the transportation project. The governmental
 1167  body shall expend funds received from the department in a timely
 1168  manner. The department may not transfer funds unless
 1169  construction has begun on the facility of a business on whose
 1170  behalf the award was made. A contract totaling less than
 1171  $200,000 is exempt from the transfer requirement.
 1172         (g) Require that funds be used only on a transportation
 1173  project that has been properly reviewed and approved in
 1174  accordance with the criteria set forth in this section.
 1175         (h) Require that the governing board of the governmental
 1176  body adopt a resolution accepting future maintenance and other
 1177  attendant costs occurring after completion of the transportation
 1178  project if the transportation project is constructed on a county
 1179  or municipal system.
 1180         (5) For purposes of this section, Space Florida may serve
 1181  as the governmental body or as the contracting agency for a
 1182  transportation project within spaceport territory as defined by
 1183  s. 331.304.
 1184         (6) Each governmental body receiving funds under this
 1185  section shall submit to the department a financial audit of the
 1186  governmental body conducted by an independent certified public
 1187  accountant. The department, in consultation with the Department
 1188  of Economic Opportunity, shall develop procedures to ensure that
 1189  audits are received and reviewed in a timely manner and that
 1190  deficiencies or questioned costs noted in the audit are
 1191  resolved.
 1192         (7) The department shall monitor the construction or
 1193  building site for each transportation project that receives
 1194  funding under this section, including, but not limited to, the
 1195  construction of the business facility, to ensure compliance with
 1196  contractual requirements.
 1197         Section 21. Section 339.2825, Florida Statutes, is created
 1198  to read:
 1199         339.2825Approval of contractor-financed projects.—
 1200         (1) Before the department solicits proposals pursuant to s.
 1201  334.30 to advance a project programmed in the adopted 5-year
 1202  work program or in the 10-year Strategic Intermodal Plan using
 1203  funds provided by a public-private partnership or a private
 1204  entity to be reimbursed from department funds for the project as
 1205  programmed in the adopted work program, the department must
 1206  provide a summary of the proposed project to the Executive
 1207  Office of the Governor, the chair of each legislative
 1208  appropriations committee, the President of the Senate, and the
 1209  Speaker of the House of Representatives. The summary must
 1210  include a description of any anticipated commitment by the
 1211  department for the years outside the adopted work program, a
 1212  description of the anticipated impacts on the department’s
 1213  overall debt load, and sufficient information to demonstrate
 1214  that the project will not cause the department to exceed the
 1215  overall debt limitation provided in s. 339.139. The department
 1216  may proceed with the project upon approval of the Governor. If
 1217  the chair of either legislative appropriations committee, the
 1218  President of the Senate, or the Speaker of the House of
 1219  Representatives objects to the proposed project in writing
 1220  within 14 days after receipt of the summary, the Governor may
 1221  not approve the project.
 1222         (2) If the department receives an unsolicited proposal
 1223  pursuant to s. 334.30 to advance a project programmed in the
 1224  adopted 5-year work program or in the 10-year Strategic
 1225  Intermodal Plan using funds provided by public-private
 1226  partnerships or private entities to be reimbursed from
 1227  department funds for the project as programmed in the adopted
 1228  work program, the department must provide a summary of the
 1229  proposed project to the Executive Office of the Governor, the
 1230  chair of each legislative appropriations committee, the
 1231  President of the Senate, and the Speaker of the House of
 1232  Representatives before the department advertises receipt of the
 1233  proposal as provided in s. 334.30. The summary must include a
 1234  description of any anticipated commitments by the department for
 1235  the years outside the adopted work program, a description of any
 1236  anticipated impacts on the department’s overall debt load, and
 1237  sufficient information to demonstrate that the project will not
 1238  cause the department to exceed the overall debt limitation
 1239  provided in s. 339.14. The department may not accept the
 1240  unsolicited proposal, advertise receipt of the unsolicited
 1241  proposal, or solicit other proposals for the same project
 1242  purpose without the approval of the Executive Office of the
 1243  Governor. If the chair of either legislative appropriations
 1244  committee, the President of the Senate, or the Speaker of the
 1245  House of Representatives objects to the proposed project in
 1246  writing within 14 days after receipt of the summary, the
 1247  Executive Office of the Governor may not approve the proposed
 1248  project.
 1249         (3) This section does not apply to a public-private
 1250  partnership agreement authorized in s. 334.30(2)(a).
 1251         Section 22. Paragraph (j) of subsection (2) of section
 1252  348.0004, Florida Statutes, is amended to read:
 1253         348.0004 Purposes and powers.—
 1254         (2) Each authority may exercise all powers necessary,
 1255  appurtenant, convenient, or incidental to the carrying out of
 1256  its purposes, including, but not limited to, the following
 1257  rights and powers:
 1258         (j) To pledge, hypothecate, or otherwise encumber all or
 1259  any part of the revenues, tolls, rates, fees, rentals, or other
 1260  charges or receipts of the authority, including all or any
 1261  portion of county gasoline tax funds received by the authority
 1262  pursuant to the terms of any lease-purchase agreement between
 1263  the authority and the department, as security for all or any of
 1264  the obligations of the authority.
 1265         Section 23. Subsection (1) of section 348.0005, Florida
 1266  Statutes, is amended, and subsection (3) is added to that
 1267  section, to read:
 1268         348.0005 Bonds.—
 1269         (1) Bonds may be issued on behalf of an authority as
 1270  provided by the State Bond Act. Bonds may not be issued under
 1271  this section unless the resolution authorizing the bonds and
 1272  pledging the revenues of a facility requires that the revenues
 1273  of the facility be deposited into appropriate accounts in such
 1274  sums as are sufficient to pay the costs of operation and
 1275  maintenance of any facility for the current fiscal year as set
 1276  forth in the annual budget of the authority before any revenues
 1277  of the facility are applied to the payment of interest or
 1278  principal owing or that may become owing on such bonds.
 1279         (3) The provisions of subsection (2) do not apply to any
 1280  authority formed on or after July 1, 2012.
 1281         Section 24. Section 348.0013, Florida Statutes, is created
 1282  to read:
 1283         348.0013Department to construct, operate, and maintain
 1284  facilities.—
 1285         (1) Notwithstanding any other provision of law to the
 1286  contrary, this section applies to any authority formed on or
 1287  after July 1, 2012.
 1288         (2) The department is the agent of each authority for the
 1289  purpose of performing all phases of a project, including, but
 1290  not limited to, constructing improvements and extensions to an
 1291  expressway system and for the completion of the construction.
 1292  The division and the authority shall provide to the department
 1293  complete copies of the documents, agreements, resolutions,
 1294  contracts, and instruments relating to the construction and
 1295  shall request that the department perform the construction work,
 1296  including the planning, surveying, design, and actual
 1297  construction of the completion, extensions, and improvements to
 1298  the expressway system. After the issuance of bonds to finance
 1299  the construction of an expressway system or improvements to an
 1300  expressway system, the division shall transfer to the credit of
 1301  an account of the department in the State Treasury the necessary
 1302  funds for construction. The department shall proceed with
 1303  construction and use the funds for the purpose authorized and as
 1304  otherwise provided by law for the construction of roads and
 1305  bridges. The authority may alternatively, with the consent and
 1306  approval of the department, appoint as its agent a local agency
 1307  certified by the department to administer federal aid projects
 1308  in accordance with federal law for the purpose of performing all
 1309  phases of a project.
 1310         (3) An authority that desires to construct an expressway
 1311  shall identify the expressway project in a work plan and submit
 1312  the work plan along with its budget. The work plan must include
 1313  a finance plan that demonstrates the financial feasibility of
 1314  the expressway project, including the authority’s ability to
 1315  reimburse the department for all costs of operation and
 1316  maintenance of the project from the revenues of the authority’s
 1317  expressway system. Legislative approval of the authority’s
 1318  budget and work plan is required before bonds may be issued on
 1319  behalf of the authority to finance the construction of the
 1320  expressway project. The department shall operate and maintain
 1321  the expressway system, and the costs incurred by the department
 1322  for operation and maintenance shall be reimbursed from revenues
 1323  of the expressway system. Each expressway system constructed
 1324  under the provisions of this section is a part of the State
 1325  Highway System as defined in s. 334.03.
 1326         (4) An authority subject to this section may fix, alter,
 1327  charge, and establish tolls, rates, fees, rentals, and other
 1328  charges for the authority’s facilities, as otherwise provided in
 1329  this part.
 1330         Section 25. Subsection (4) of section 348.52, Florida
 1331  Statutes, is amended, and subsections (6), (7), (8), (9), (10),
 1332  and (11) are added to that section, to read:
 1333         348.52 Tampa-Hillsborough County Expressway Authority.—
 1334         (4) The authority may employ an executive a secretary, an
 1335  and executive director, its own counsel and legal staff, and
 1336  such legal, financial, and other professional consultants,
 1337  technical experts, engineers, and employees, permanent or
 1338  temporary, as it may require and may determine the
 1339  qualifications and fix the compensation of such persons, firms,
 1340  or corporations. The authority may contract with the Division of
 1341  Bond Finance of the State Board of Administration for any
 1342  financial services authorized herein.
 1343         (6) The authority is assigned to the Office of the
 1344  Secretary of the Department of Transportation for administrative
 1345  and fiscal accountability purposes. However, except as otherwise
 1346  provided in this part, the authority shall otherwise function
 1347  independently of the control, supervision, and direction of the
 1348  department.
 1349         (7)The authority shall develop a budget pursuant to
 1350  chapter 216. The budget is not subject to change by the
 1351  department staff after it has been approved by the authority.
 1352  However, the authority’s budget shall be transmitted to the
 1353  Governor, who is head of the department, along with the budget
 1354  of the department.
 1355         (8) Effective July 1, 2012, the revenues received by the
 1356  authority and the unexpended balances in the authority’s
 1357  accounts as of June 30, 2011, are deemed deposited into the
 1358  State Transportation Trust Fund in the Department of
 1359  Transportation and appropriated to the appropriate account of
 1360  the authority based upon the original source of revenues.
 1361  Expenditure of these funds by the authority must be in
 1362  accordance with the laws, rules, grant agreements, or other
 1363  legal controls associated with the revenues appropriated to
 1364  local accounts and included in the authority’s budget. The
 1365  authority shall pay the outstanding debts or obligations
 1366  associated with the funds. The authority shall retain and use
 1367  the revenues received solely for the authorized purposes.
 1368         (9) The authority may expend revenues that are provided in
 1369  the General Appropriations Act from the State Transportation
 1370  Trust Fund carried forward from the prior fiscal year and
 1371  collected during the current fiscal year. The expenditure of
 1372  funds from the authority’s local accounts may not exceed the
 1373  authority provided in the General Appropriations Act unless
 1374  approved pursuant to chapter 216. If a court finds that this
 1375  restriction is invalid, the moneys described in this section
 1376  shall be deposited into the State Treasury.
 1377         (10) The provisions of subsections (6)-(9) apply only for
 1378  the fiscal years in which the department’s obligations under the
 1379  lease-purchase agreement between the department and authority
 1380  have not been terminated as provided in s. 348.60 or in which
 1381  the authority has not fully reimbursed the department for the
 1382  amounts expended, advanced, or paid to the authority in prior
 1383  fiscal years for the costs of operation, maintenance, repair,
 1384  and rehabilitation of the expressway system.
 1385         (11) Notwithstanding the provisions of subsection (4), an
 1386  employee of the Tampa-Hillsborough County Expressway Authority
 1387  may not be compensated at a rate exceeding the salary rate of
 1388  the Executive Director of Florida’s Turnpike Enterprise.
 1389         Section 26. Subsection (5) of section 348.54, Florida
 1390  Statutes, is amended to read:
 1391         348.54 Powers of the authority.—Except as otherwise limited
 1392  herein, the authority shall have the power:
 1393         (5) To enter into and make lease-purchase agreements as
 1394  provided in s. 348.60 for terms not exceeding 40 years, or until
 1395  all bonds secured by a pledge thereunder, and all refundings
 1396  thereof, are fully paid as to both principal and interest,
 1397  whichever is longer. The authority is a party to a lease-
 1398  purchase agreement between the department and the authority
 1399  dated November 18, 1997, as supplemented by a supplemental
 1400  lease-purchase agreement dated February 7, 2002, and a second
 1401  supplemental lease-purchase agreement dated June 23, 2005. The
 1402  authority may not enter into other lease-purchase agreements
 1403  with the department and may not amend the existing agreement in
 1404  a manner that expands or increases the department’s obligations,
 1405  unless the department determines that the agreement or amendment
 1406  is necessary to permit the refunding of bonds issued before July
 1407  1, 2012. The department’s obligations under the lease-purchase
 1408  agreement, as supplemented, terminate upon the earlier of:
 1409         (a) The defeasance, redemption, or payment in full of the
 1410  authority’s bonds issued and outstanding as of July 1, 2012;
 1411         (b) The date to which the purchasers of the authority bonds
 1412  have consented; or
 1413         (c) The date on which termination of the department’s
 1414  obligations will occur under the terms of the memorandum of
 1415  agreement dated October 26, 2010, between the department and the
 1416  authority.
 1417         Section 27. Section 348.545, Florida Statutes, is amended
 1418  to read:
 1419         348.545 Facility improvement; bond financing authority.
 1420  Pursuant to s. 11(f), Art. VII of the State Constitution, the
 1421  Legislature hereby approves for bond financing by the Tampa
 1422  Hillsborough County Expressway Authority improvements to toll
 1423  collection facilities, interchanges to the legislatively
 1424  approved expressway system, and any other facility appurtenant,
 1425  necessary, or incidental to the approved system. Subject to
 1426  terms and conditions of applicable revenue bond resolutions and
 1427  covenants, such costs may be financed in whole or in part by
 1428  revenue bonds issued pursuant to s. 348.56 348.56(1)(a) or (b),
 1429  whether currently issued or issued in the future, or by a
 1430  combination of such bonds.
 1431         Section 28. Subsections (9), (10), (11), and (12) are added
 1432  to section 348.56, Florida Statutes, to read:
 1433         348.56 Bonds of the authority.—
 1434         (9) Notwithstanding any other provision of law to the
 1435  contrary, on and after July 1, 2012, the authority may not,
 1436  without the department’s consent, request the issuance of any
 1437  bonds secured by a pledge of any revenues of the authority which
 1438  is senior to, or on a parity with, the authority’s obligation to
 1439  fully reimburse the department for the costs of operation,
 1440  maintenance, repair, and rehabilitation of the expressway system
 1441  paid by the department, except that the authority may request
 1442  the issuance of bonds secured by a senior pledge for the purpose
 1443  of refunding any authority bonds issued and outstanding as of
 1444  July 1, 2012. Refunding bonds authorized by this subsection may
 1445  not be issued if such bonds have a final maturity later than the
 1446  final maturity of the bonds refunded or if the refunding bonds
 1447  provide for higher debt service in any year than the debt
 1448  service that is currently paid on such bonds.
 1449         (10) Notwithstanding any other provision of law to the
 1450  contrary, on and after July 1, 2012, the authority may not
 1451  request the issuance of any bonds, except bonds issued to refund
 1452  bonds issued before July 1, 2012, which provide any rights
 1453  against the department which may be enforced by the holders of
 1454  such bonds or debt. Refunding bonds authorized by this
 1455  subsection may not be issued if the bonds have a final maturity
 1456  later than the final maturity of the bonds refunded or if the
 1457  refunding bonds provide for higher debt service in any year than
 1458  the debt service that is currently paid on such bonds. The
 1459  obligations of the department under any lease-purchase agreement
 1460  with the authority, including any obligation to pay any cost of
 1461  operation, maintenance, repair, or rehabilitation of the
 1462  expressway system, terminate upon the earlier of:
 1463         (a) The defeasance or payment of all authority bonds issued
 1464  before July 1, 2012, and authority bonds issued to refund such
 1465  bonds;
 1466         (b) The earlier date to which the purchasers of the
 1467  authority bonds have consented; or
 1468         (c) The date on which termination of the department’s
 1469  obligations will occur under the terms of the memorandum of
 1470  agreement dated October 26, 2010, between the department and the
 1471  authority.
 1472         (11) Beginning July 1, 2012, except for bonds issued to
 1473  refund bonds issued before that date, bonds may not be issued
 1474  under this section unless the resolution authorizing the bonds
 1475  and pledging the revenues of the expressway system requires that
 1476  the revenues of the expressway system be deposited into
 1477  appropriate accounts in such sums as are sufficient to pay the
 1478  costs of operation and maintenance of the expressway system for
 1479  the current fiscal year as set forth in the annual budget of the
 1480  authority before any revenues of the expressway system are
 1481  applied to the payment of interest or principal owing or that
 1482  may become owing on such bonds.
 1483         (12) Paragraph (1)(b) does not apply in any fiscal year in
 1484  which the department’s obligations under the lease-purchase
 1485  agreement between the department and authority have not been
 1486  terminated as provided in s. 348.60 or in which the authority
 1487  has not fully reimbursed the department for the amounts
 1488  expended, advanced, or paid to the authority in prior fiscal
 1489  years for the costs of operation, maintenance, repair, and
 1490  rehabilitation of the expressway system. During any such fiscal
 1491  year, bonds may be issued only on behalf of the authority
 1492  pursuant to the State Bond Act.
 1493         Section 29. Section 348.565, Florida Statutes, is amended
 1494  to read:
 1495         348.565 Revenue bonds for specified projects.—The existing
 1496  facilities that constitute the Tampa-Hillsborough County
 1497  Expressway System are hereby approved to be refinanced by
 1498  revenue bonds issued by the Division of Bond Finance of the
 1499  State Board of Administration pursuant to s. 11(d) 11(f), Art.
 1500  VII of the State Constitution and s. 348.56 the State Bond Act
 1501  or by revenue bonds issued by the authority pursuant to s.
 1502  348.56(1)(b). In addition, the following projects of the Tampa
 1503  Hillsborough County Expressway Authority are approved to be
 1504  financed or refinanced by the issuance of revenue bonds in
 1505  accordance with this part and s. 11(f), Art. VII of the State
 1506  Constitution:
 1507         (1) Brandon area feeder roads.
 1508         (2) Capital improvements to the expressway system,
 1509  including safety and operational improvements and toll
 1510  collection equipment.
 1511         (3) Lee Roy Selmon Crosstown Expressway System widening.
 1512         (4) The connector highway linking the Lee Roy Selmon
 1513  Crosstown Expressway to Interstate 4.
 1514         Section 30. Subsection (1) of section 348.57, Florida
 1515  Statutes, is amended to read:
 1516         348.57 Refunding bonds.—
 1517         (1) Subject to public notice as provided in s. 348.54, the
 1518  authority may request or provide is authorized to provide by
 1519  resolution for the issuance from time to time of bonds pursuant
 1520  to s. 348.56 348.56(1)(b) for the purpose of refunding any bonds
 1521  then outstanding regardless of whether the bonds being refunded
 1522  were issued by the authority pursuant to this chapter or on
 1523  behalf of the authority pursuant to the State Bond Act. The
 1524  authority may further request or provide is further authorized
 1525  to provide by resolution for the issuance of bonds pursuant to
 1526  s. 348.56 for the combined purpose of:
 1527         (a) Paying the cost of constructing, reconstructing,
 1528  improving, extending, repairing, maintaining and operating the
 1529  expressway system.
 1530         (b) Refunding bonds then outstanding. The authorization,
 1531  sale and issuance of such obligations, the maturities and other
 1532  details thereof, the rights and remedies of the holders thereof,
 1533  and the rights, powers, privileges, duties, and obligations of
 1534  the authority with respect to the same are shall be governed by
 1535  the foregoing provisions of this part insofar as the same may be
 1536  applicable.
 1537         Section 31. Subsections (7) and (8) are added to section
 1538  348.60, Florida Statutes, to read:
 1539         348.60 Lease-purchase agreements.—
 1540         (7) The authority is a party to a lease-purchase agreement
 1541  between the department and the authority dated November 18,
 1542  1997, as supplemented by a supplemental lease-purchase agreement
 1543  dated February 7, 2002, and a second supplemental lease-purchase
 1544  agreement dated June 23, 2005. The authority may not enter into
 1545  any other lease-purchase agreement, or amend the lease-purchase
 1546  agreement, unless the department determines that such an
 1547  agreement or amendment is necessary to permit the refunding of
 1548  bonds issued before July 1, 2012.
 1549         (8)Upon the earlier of the defeasance or payment of the
 1550  authority bonds issued before July 1, 2012, and any bonds issued
 1551  to refund the bonds, or the earlier date to which the purchasers
 1552  of the authority bonds have consented:
 1553         (a) The obligations of the department under the lease
 1554  purchase agreement with the authority, including any obligation
 1555  to pay any cost of operation, maintenance, repair, or
 1556  rehabilitation of the expressway system, terminates;
 1557         (b) The lease-purchase agreement terminates;
 1558         (c) The expressway system remains the property of the
 1559  authority and may not be transferred to the department;
 1560         (d) The authority remains obligated to reimburse the
 1561  department for the amounts paid by the department from a source
 1562  other than revenues of the expressway system for any cost of
 1563  operation, maintenance, repair, or rehabilitation of the
 1564  expressway system; and
 1565         (e) The department shall collect tolls for the use of the
 1566  system as the agent of the authority as provided in this part.
 1567         Section 32. Section 348.615, Florida Statutes, is created
 1568  to read:
 1569         348.615Department to collect tolls.—
 1570         (1)The department is the agent of the authority for the
 1571  purpose of collecting tolls for the use of the authority’s
 1572  expressway system. The department must be reimbursed for the
 1573  costs of collecting such charges from the revenues of the
 1574  expressway system. The department may modify its rules regarding
 1575  toll collection procedures and the imposition of administrative
 1576  charges applicable to the authority’s toll facilities. This
 1577  section does not limit the authority of the department under any
 1578  other provision of law or under any agreement entered into
 1579  before July 1, 2012.
 1580         (2)The authority may fix, alter, charge, and establish
 1581  tolls, rates, fees, rentals, and other charges for the
 1582  authority’s facilities, as otherwise provided in this part.
 1583         Section 33. Paragraph (a) of subsection (4) of section
 1584  348.753, Florida Statutes, is amended, and subsections (5), (6),
 1585  (7), (8), (9), and (10) are added to that section, to read:
 1586         348.753 Orlando-Orange County Expressway Authority.—
 1587         (4)(a) The authority may employ an executive secretary, an
 1588  executive director, its own counsel and legal staff, technical
 1589  experts, such engineers, and such employees, permanent or
 1590  temporary, as it may require and may determine the
 1591  qualifications and fix the compensation of such persons, firms,
 1592  or corporations and may employ a fiscal agent or agents,
 1593  provided, however, that the authority shall solicit sealed
 1594  proposals from at least three persons, firms, or corporations
 1595  for the performance of any services as fiscal agents. The
 1596  authority may contract with the Division of Bond Finance of the
 1597  State Board of Administration for any financial services
 1598  authorized in this section. The authority may delegate to one or
 1599  more of its agents or employees such of its power as it deems
 1600  shall deem necessary to carry out the purposes of this part,
 1601  subject always to the supervision and control of the authority.
 1602  Members of the authority may be removed from their office by the
 1603  Governor for misconduct, malfeasance, misfeasance, or
 1604  nonfeasance in office.
 1605         (5) The authority is assigned to the Office of the
 1606  Secretary of the Department of Transportation for administrative
 1607  and fiscal accountability purposes. However, except as otherwise
 1608  provided in this section, the authority shall otherwise function
 1609  independently of the control, supervision, and direction of the
 1610  department.
 1611         (6)The authority shall develop a budget pursuant to
 1612  chapter 216. The budget is not subject to change by the
 1613  department staff after it has been approved by the authority.
 1614  However, the budget shall be transmitted to the Governor, who is
 1615  head of the department, along with the budget of the department.
 1616         (7) Effective July 1, 2012, the revenues received by the
 1617  authority, and the unexpended balances in authority accounts as
 1618  of June 30, 2011, are deemed deposited into the State
 1619  Transportation Trust Fund in the Department of Transportation
 1620  and appropriated to the appropriate account of the authority
 1621  based upon the original source of revenues. Expenditure of these
 1622  funds by the authority must be in accordance with the laws,
 1623  rules, grant agreements, or other legal controls associated with
 1624  the revenues appropriated to local accounts and included in the
 1625  authority’s budget. The authority shall pay the outstanding
 1626  debts or obligations associated with the funds. The authority
 1627  shall retain and use the revenues received solely for the
 1628  authorized purposes.
 1629         (8) Any appropriation provided in the General
 1630  Appropriations Act from the State Transportation Trust Fund
 1631  authorizes the authority to expend revenues that are carried
 1632  forward from the prior fiscal year and collected during the
 1633  current fiscal year. The expenditure of funds from the
 1634  authority’s local accounts may not exceed the authority provided
 1635  in the General Appropriations Act unless approved pursuant to
 1636  chapter 216. If a court finds that this restriction is invalid,
 1637  the moneys described in this section shall be deposited into the
 1638  State Treasury.
 1639         (9) The provisions of subsections (5)-(8) apply only for
 1640  fiscal years in which the department’s obligations under the
 1641  lease-purchase agreement between the department and authority
 1642  have not been terminated as provided in s. 348.757 or in which
 1643  the authority has not fully reimbursed the department for the
 1644  amounts expended, advanced, or paid to the authority in prior
 1645  fiscal years for the costs of operation, maintenance, repair,
 1646  and rehabilitation of the Orlando-Orange County Expressway
 1647  System.
 1648         (10) Notwithstanding the provisions of subsection (4), an
 1649  employee of the Orlando-Orange County expressway may not be
 1650  compensated at a rate exceeding the salary rate of the Executive
 1651  Director of Florida’s Turnpike Enterprise.
 1652         Section 34. Paragraph (e) of subsection (2) of section
 1653  348.754, Florida Statutes, is amended to read:
 1654         348.754 Purposes and powers.—
 1655         (2) The authority is hereby granted, and shall have and may
 1656  exercise all powers necessary, appurtenant, convenient or
 1657  incidental to the carrying out of the aforesaid purposes,
 1658  including, but without being limited to, the following rights
 1659  and powers:
 1660         (e) To enter into and make lease-purchase agreements with
 1661  the department for terms not exceeding 40 years, or until any
 1662  bonds secured by a pledge of rentals thereunder, and any
 1663  refundings thereof, are fully paid as to both principal and
 1664  interest, whichever is longer. The authority is a party to a
 1665  lease-purchase agreement between the department and the
 1666  authority dated December 23, 1985, as supplemented by a first
 1667  supplement to the lease-purchase agreement dated November 25,
 1668  1986, and a second supplement to the lease-purchase agreement
 1669  dated October 27, 1988. The authority may not enter into other
 1670  lease-purchase agreements with the department and may not amend
 1671  the existing agreement in a manner that expands or increases the
 1672  department’s obligations, unless the department determines that
 1673  the agreement or amendment is necessary to permit the refunding
 1674  of bonds issued before July 1, 2012.
 1675         Section 35. Section 348.7543, Florida Statutes, is amended
 1676  to read:
 1677         348.7543 Improvements, bond financing authority for.
 1678  Pursuant to s. 11(f), Art. VII of the State Constitution, the
 1679  Legislature hereby approves for bond financing by the Orlando
 1680  Orange County Expressway Authority improvements to toll
 1681  collection facilities, interchanges to the legislatively
 1682  approved expressway system, and any other facility appurtenant,
 1683  necessary, or incidental to the approved system. Subject to
 1684  terms and conditions of applicable revenue bond resolutions and
 1685  covenants, such costs may be financed in whole or in part by
 1686  revenue bonds issued pursuant to s. 348.755 348.755(1)(a) or (b)
 1687  whether currently issued or issued in the future, or by a
 1688  combination of such bonds.
 1689         Section 36. Section 348.7545, Florida Statutes, is amended
 1690  to read:
 1691         348.7545 Western Beltway Part C, construction authorized;
 1692  financing.—Notwithstanding s. 338.2275, the Orlando-Orange
 1693  County Expressway Authority is authorized to exercise its
 1694  condemnation powers, construct, finance, operate, own, and
 1695  maintain that portion of the Western Beltway known as the
 1696  Western Beltway Part C, extending from Florida’s Turnpike near
 1697  Ocoee in Orange County southerly through Orange and Osceola
 1698  Counties to an interchange with I-4 near the Osceola-Polk County
 1699  line, as part of the authority’s 20-year capital projects plan.
 1700  This project may be financed with any funds available to the
 1701  authority for such purpose or revenue bonds issued by the
 1702  Division of Bond Finance of the State Board of Administration on
 1703  behalf of the authority pursuant to s. 11, Art. VII of the State
 1704  Constitution and the State Bond Act, ss. 215.57-215.83. This
 1705  project may be refinanced with bonds issued by the authority
 1706  pursuant to s. 348.755 348.755(1)(d).
 1707         Section 37. Section 348.7546, Florida Statutes, is amended
 1708  to read:
 1709         348.7546 Wekiva Parkway, construction authorized;
 1710  financing.—Notwithstanding s. 338.2275,
 1711         (1) The Orlando-Orange County Expressway Authority is
 1712  hereby authorized to exercise its condemnation powers and to,
 1713  construct, finance, operate, own, and maintain those portions of
 1714  the Wekiva Parkway which are identified by agreement between the
 1715  authority and the department and which are included as part of
 1716  the authority’s long-range capital improvement plan. The “Wekiva
 1717  Parkway” means any limited access highway or expressway
 1718  constructed between State Road 429 and Interstate 4 specifically
 1719  incorporating the corridor alignment recommended by
 1720  Recommendation 2 of the Wekiva River Basin Area Task Force final
 1721  report dated January 15, 2003, and the recommendations of the SR
 1722  429 Working Group which that were adopted January 16, 2004. This
 1723  project may be financed with any funds available to the
 1724  authority for such purpose or revenue bonds issued on behalf of
 1725  by the authority under s. 11, Art. VII of the State Constitution
 1726  and s. 348.755 348.755(1)(b). This section does not invalidate
 1727  the exercise by the authority of its condemnation powers or the
 1728  acquisition of any property for the Wekiva Parkway before July
 1729  1, 2012.
 1730         (2) Notwithstanding any other provision of law to the
 1731  contrary, in order to ensure that funds are available to the
 1732  department for its portion of the Wekiva Parkway, beginning July
 1733  1, 2012, the authority shall repay the expenditures by the
 1734  department for costs of operation and maintenance of the
 1735  Orlando-Orange County Expressway System by annual transfer to
 1736  the credit of an account of the department in the State Treasury
 1737  from toll revenues of the Orlando-Orange County Expressway
 1738  System, or other funds available to the authority, after payment
 1739  of the debt service on all bonds issued by or on behalf of the
 1740  authority pursuant to this part on or before July 1, 2012, or
 1741  bonds issued to refund the bonds, and such other costs as are
 1742  required to be paid under the terms of the bond resolutions
 1743  under which such bonds were issued. The authority shall pay the
 1744  department $10 million on July 1, 2012, and shall make annual
 1745  payments of $20 million on each successive July 1 until the
 1746  department has been fully reimbursed for all costs of the
 1747  Orlando-Orange County Expressway System which were paid,
 1748  advanced, or reimbursed to the authority by the department, with
 1749  a final payment in the amount of the balance remaining. If the
 1750  authority fails to make a payment to the department as required
 1751  in this subsection, the authority shall raise tolls, defer
 1752  projects, or reduce its administrative and other expenses until
 1753  it is current in such payments. Notwithstanding any other law to
 1754  the contrary, the funds paid to the department pursuant to this
 1755  subsection shall be allocated by the department for construction
 1756  of the Wekiva Parkway.
 1757         (3) Notwithstanding any other provision of law to the
 1758  contrary, on and after July 1, 2012, the authority may not,
 1759  without the department’s consent, request the issuance of any
 1760  bonds secured by a pledge of any authority revenues which is
 1761  senior to, or on a parity with, the authority’s obligation to
 1762  make the annual payments to the department required under this
 1763  section, except that the authority may request the issuance of
 1764  bonds secured by a senior pledge for the purpose of refunding
 1765  any authority bonds issued and outstanding as of July 1, 2012.
 1766  Refunding bonds authorized by this subsection may not be issued
 1767  if such bonds have a final maturity later than the final
 1768  maturity of the bonds refunded or if the refunding bonds provide
 1769  for higher debt service in any year than the debt service that
 1770  is currently paid on such bonds.
 1771         (4) The department’s obligation to construct its portions
 1772  of the Wekiva Parkway is contingent upon the timely payment by
 1773  the authority of the annual payments required of the authority
 1774  under this section and receipt of all required environmental
 1775  permits and approvals by the Federal Government.
 1776         Section 38. Section 348.7547, Florida Statutes, is amended
 1777  to read:
 1778         348.7547 Maitland Boulevard Extension and Northwest Beltway
 1779  Part A Realignment construction authorized; financing.
 1780  Notwithstanding s. 338.2275, the Orlando-Orange County
 1781  Expressway Authority is hereby authorized to exercise its
 1782  condemnation powers, construct, finance, operate, own, and
 1783  maintain the portion of State Road 414 known as the Maitland
 1784  Boulevard Extension and the realigned portion of the Northwest
 1785  Beltway Part A as part of the authority’s long-range capital
 1786  improvement plan. The Maitland Boulevard Extension will extend
 1787  from the current terminus of State Road 414 at U.S. 441 west to
 1788  State Road 429 in west Orange County. The realigned portion of
 1789  the Northwest Beltway Part A will run from the point at or near
 1790  where the Maitland Boulevard Extension will connect with State
 1791  Road 429 and will proceed to the west and then north resulting
 1792  in the northern terminus of State Road 429 moving farther west
 1793  before reconnecting with U.S. 441. However, under no
 1794  circumstances shall the realignment of the Northwest Beltway
 1795  Part A conflict or contradict with the alignment of the Wekiva
 1796  Parkway as defined in s. 348.7546. This project may be financed
 1797  with any funds available to the authority for such purpose or
 1798  revenue bonds issued by or on behalf of the authority under s.
 1799  11, Art. VII of the State Constitution and s. 348.755
 1800  348.755(1)(b).
 1801         Section 39. Subsections (6), (7), (8), and (9) are added to
 1802  section 348.755, Florida Statutes, to read:
 1803         348.755 Bonds of the authority.—
 1804         (6) Notwithstanding any other provision of law to the
 1805  contrary, on and after July 1, 2012, the authority may not
 1806  request the issuance of any bonds, except bonds issued to refund
 1807  bonds issued before July 1, 2012, which provide any rights
 1808  against the department which may be enforced by the holders of
 1809  such bonds or debt. Refunding bonds authorized by this
 1810  subsection may not be issued if the bonds have a final maturity
 1811  later than the final maturity of the bonds refunded or if the
 1812  refunding bonds provide for higher debt service in any year than
 1813  the debt service that is currently paid on such bonds. Upon the
 1814  earlier of the defeasance or payment of all authority bonds
 1815  issued before July 1, 2012, or the defeasance or payment of the
 1816  authority bonds issued to refund such bonds, or such earlier
 1817  date to which the purchasers of the authority bonds have
 1818  consented, the obligations of the department under any lease
 1819  purchase agreement with the authority, including any obligation
 1820  to pay any cost of operation, maintenance, repair, or
 1821  rehabilitation of the Orlando-Orange County Expressway System,
 1822  terminate.
 1823         (7) Notwithstanding any other provision of law to the
 1824  contrary, on and after July 1, 2012, the authority may not,
 1825  without the department’s consent, request the issuance of any
 1826  bonds secured by a pledge of any revenues of the authority which
 1827  is senior to, or on a parity with, the authority’s obligation to
 1828  fully reimburse the department for the costs of operation,
 1829  maintenance, repair, and rehabilitation of the Orlando-Orange
 1830  County Expressway System paid by the department, except that the
 1831  authority may request the issuance of bonds secured by a senior
 1832  pledge for the purpose of refunding any authority bonds issued
 1833  and outstanding as of July 1, 2012. Refunding bonds authorized
 1834  by this subsection may not be issued if the bonds have a final
 1835  maturity later than the final maturity of the bonds refunded or
 1836  if the refunding bonds provide for higher debt service in any
 1837  year than the debt service that is currently paid on the bonds.
 1838         (8) Beginning July 1, 2012, the authority may not issue
 1839  bonds, except bonds issued to refund bonds issued before such
 1840  date, unless the resolution authorizing the bonds and pledging
 1841  the revenues of the Orlando-Orange County Expressway System
 1842  requires that the revenues of the expressway system be deposited
 1843  into appropriate accounts in such sums as are sufficient to pay
 1844  the costs of operation and maintenance of the Orlando-Orange
 1845  County Expressway System for the current fiscal year as set
 1846  forth in the annual budget of the authority before any revenues
 1847  of the Orlando-Orange County Expressway System are applied to
 1848  the payment of interest or principal owing or that may become
 1849  owing on such bonds.
 1850         (9) Paragraphs (1)(b) and (d) do not apply in any fiscal
 1851  year in which the department’s obligations under the lease
 1852  purchase agreement between the department and authority have not
 1853  been terminated as provided in s. 348.757 or in which the
 1854  authority has not fully reimbursed the department for all
 1855  amounts expended, advanced, or paid to the authority in prior
 1856  fiscal years for the costs of operation, maintenance, repair,
 1857  and rehabilitation of the expressway system. During any such
 1858  fiscal year, bonds may be issued only on behalf of the authority
 1859  pursuant to the State Bond Act.
 1860         Section 40. Subsections (8) and (9) are added to section
 1861  348.757, Florida Statutes, to read:
 1862         348.757 Lease-purchase agreement.—
 1863         (8) The only lease-purchase agreement authorized by this
 1864  section is the lease-purchase agreement between the department
 1865  and the authority dated December 23, 1985, as supplemented by a
 1866  first supplement to the lease-purchase agreement dated November
 1867  25, 1986, and a second supplement to the lease-purchase
 1868  agreement dated October 27, 1988. The authority may not enter
 1869  into any other lease-purchase agreements with the department and
 1870  may not amend the existing agreement in a manner that expands
 1871  the scope of the department’s obligations, unless the department
 1872  determines the agreement or amendment is necessary to permit the
 1873  refunding of bonds issued before July 1, 2012.
 1874         (9) The department’s obligations under the lease-purchase
 1875  agreement between the department and the authority dated
 1876  December 23, 1985, as supplemented by a first supplement to the
 1877  lease-purchase agreement dated November 25, 1986, and a second
 1878  supplement to the lease-purchase agreement dated October 27,
 1879  1988, terminate upon the earlier of the defeasance, redemption,
 1880  or payment in full of the authority’s bonds issued and
 1881  outstanding as of July 1, 2012, or bonds to refund such bonds,
 1882  or such earlier date to which the purchasers of the authority
 1883  bonds have consented.
 1884         Section 41. Section 348.7585, Florida Statutes, is created
 1885  to read:
 1886         348.7585Department to collect tolls.—
 1887         (1) The department is the agent of the authority for the
 1888  purpose of collecting tolls for the use of the authority’s
 1889  expressway system. The department shall be reimbursed from the
 1890  revenues of the expressway system for the costs of collecting
 1891  the tolls. The department may modify its rules regarding toll
 1892  collection procedures and the imposition of administrative
 1893  charges to be applicable to the authority’s toll facilities.
 1894  This section does not limit the authority of the department
 1895  under any other provision of law or under any agreement entered
 1896  into before July 1, 2012.
 1897         (2)The authority may fix, alter, charge, and establish
 1898  tolls, rates, fees, rentals, and other charges for the
 1899  authority’s facilities, as otherwise provided in this section.
 1900         Section 42. Paragraph (a) of subsection (4) of section
 1901  348.9952, Florida Statutes, is amended to read:
 1902         348.9952 Osceola County Expressway Authority.—
 1903         (4)(a) The authority may employ an executive secretary, an
 1904  executive director, its own counsel and legal staff, technical
 1905  experts, engineers, and other employees, permanent or temporary,
 1906  as it may require, and may determine the qualifications and fix
 1907  the compensation of such persons, firms, or corporations.
 1908  Additionally, the authority may employ a fiscal agent or agents.
 1909  However, the authority shall solicit sealed proposals from at
 1910  least three persons, firms, or corporations for the performance
 1911  of any services as fiscal agents. The authority may delegate to
 1912  one or more of its agents or employees such of its power as it
 1913  deems necessary to carry out the purposes of this part, subject
 1914  always to the supervision and control of the authority.
 1915         Section 43. Section 348.9956, Florida Statutes, is
 1916  repealed.
 1917         Section 44. Section 348.99565, Florida Statutes, is created
 1918  to read:
 1919         348.99565Department to construct, operate, and maintain
 1920  facilities.—
 1921         (1)The department is the agent of the authority for the
 1922  purpose of performing all phases of a project, including, but
 1923  not limited to, constructing improvements and extensions to the
 1924  expressway system. The division and the authority shall provide
 1925  to the department complete copies of all documents, agreements,
 1926  resolutions, contracts, and instruments relating to the project
 1927  and shall request that the department perform the construction
 1928  work, including the planning, surveying, design, and actual
 1929  construction of the completion, extensions, and improvements to
 1930  the expressway system. After the issuance of bonds to finance
 1931  construction of any improvements or additions to the expressway
 1932  system, the division shall transfer to the credit of an account
 1933  of the department in the State Treasury the necessary funds for
 1934  construction. The department shall proceed with construction and
 1935  use the funds for the purpose authorized and as provided by law
 1936  for the construction of roads and bridges. The authority may
 1937  alternatively, with the consent and approval of the department,
 1938  appoint as its agent a local agency certified by the department
 1939  to administer federal aid projects in accordance with federal
 1940  law for the purpose of performing all phases of a project.
 1941         (2) If the authority desires to construct improvements or
 1942  extensions to the expressway system, it shall identify the
 1943  expressway improvement project in a work plan and submit the
 1944  work plan with its budget. The work plan must include a finance
 1945  plan that demonstrates the financial feasibility of the
 1946  expressway project, including the authority’s ability to
 1947  reimburse the department for all costs of operation and
 1948  maintenance of the improvements or extensions from the revenues
 1949  of the expressway system. Legislative approval of the
 1950  authority’s budget and work plan is required before bonds may be
 1951  issued on behalf of the authority to finance the construction of
 1952  the improvements or extensions. The department shall operate and
 1953  maintain the expressway system, and the costs incurred by the
 1954  department for operation and maintenance shall be reimbursed
 1955  from revenues of the expressway system. The expressway system
 1956  shall be part of the State Highway System as defined in s.
 1957  334.03.
 1958         (3)The authority may fix, alter, charge, and establish
 1959  tolls, rates, fees, rentals, and other charges for the
 1960  authority’s facilities, as otherwise provided in this part.
 1961         Section 45. Subsection (2) of section 369.317, Florida
 1962  Statutes, is amended, and subsection (9) is added to that
 1963  section, to read:
 1964         369.317 Wekiva Parkway.—
 1965         (2) The Wekiva Parkway and related transportation
 1966  facilities shall follow the design criteria contained in the
 1967  recommendations of the Wekiva River Basin Area Task Force
 1968  adopted by reference by the Wekiva River Basin Coordinating
 1969  Committee in its final report of March 16, 2004, and the
 1970  recommendations of the Wekiva Coordinating Committee contained
 1971  in its final report of March 16, 2004, subject to reasonable
 1972  environmental, economic, and engineering considerations. For
 1973  those activities associated with the Wekiva Parkway and related
 1974  transportation facilities which require authorization pursuant
 1975  to part IV of chapter 373, the Department of Environmental
 1976  Protection is the exclusive permitting authority.
 1977         (9) In Seminole County, the Department of Transportation
 1978  shall locate the precise corridor and interchanges for the
 1979  Wekiva Parkway consistent with the legislative intent expressed
 1980  in other provisions of this act.
 1981         Section 46. Paragraph (a) of subsection (4) of section
 1982  377.809, Florida Statutes, is amended to read:
 1983         377.809 Energy Economic Zone Pilot Program.—
 1984         (4)(a) Beginning July 1, 2012, all the incentives and
 1985  benefits provided for enterprise zones pursuant to state law
 1986  shall be available to the energy economic zones designated
 1987  pursuant to this section on or before July 1, 2010. In order to
 1988  provide incentives, by March 1, 2012, each local governing body
 1989  that has jurisdiction over an energy economic zone must, by
 1990  local ordinance, establish the boundary of the energy economic
 1991  zone, specify applicable energy-efficiency standards, and
 1992  determine eligibility criteria for the application of state and
 1993  local incentives and benefits in the energy economic zone.
 1994  However, in order to receive benefits provided under s. 288.106,
 1995  a business must be a qualified target industry business under s.
 1996  288.106 for state purposes. An energy economic zone’s boundary
 1997  may be revised by local ordinance. Such incentives and benefits
 1998  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 1999  288.106, and 624.5105 and the public utility discounts provided
 2000  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 2001  shall be for renewable energy as defined in s. 377.803. For
 2002  purposes of this section, any applicable requirements for
 2003  employee residency for higher refund or credit thresholds must
 2004  be based on employee residency in the energy economic zone or an
 2005  enterprise zone. A business in an energy economic zone may also
 2006  be eligible for funding under ss. 288.047 and 445.003, and a
 2007  transportation project in an energy economic zone shall be
 2008  provided priority in funding under s. 339.2821 288.063. Other
 2009  projects shall be given priority ranking to the extent
 2010  practicable for grants administered under state energy programs.
 2011         Section 47. The funds in the Toll Facilities Revolving
 2012  Trust Fund and all future payments of obligated funds shall be
 2013  deposited into the State Transportation Trust Fund to be
 2014  expended for the purposes specified in s. 339.08, Florida
 2015  Statutes.
 2016         Section 48. The Florida Transportation Commission shall
 2017  conduct a study of the potential for cost savings that might be
 2018  realized through increased efficiencies through the sharing of
 2019  resources for the accomplishment of design, construction, and
 2020  maintenance activities by or on behalf of expressway authorities
 2021  in the state. The commission may retain such experts as are
 2022  reasonably necessary to complete the study, and the Department
 2023  of Transportation shall pay the expenses of such experts. The
 2024  commission shall complete the study and provide a written report
 2025  of its findings and conclusions to the Governor, the President
 2026  of the Senate, the Speaker of the House of Representatives, and
 2027  the chairs of each of the appropriations committees by December
 2028  31, 2012.
 2029         Section 49. This act shall take effect July 1, 2012.