Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 952
       
       
       
       
       
       
                                Barcode 601448                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 76 - 957
    4  and insert:
    5         (5) The term “Central Florida Expressway System” means any
    6  expressway and appurtenant facilities, including all approaches,
    7  roads, bridges, and avenues for the expressway and any rapid
    8  transit, trams, or fixed guideways located within the right-of
    9  way of an expressway.
   10         (4) The term “city” means the City of Orlando
   11         (5) The term “county” means the County of Orange.
   12         (6) The term “department” means the Department of
   13  Transportation existing under chapters 334-339.
   14         (7) The term “expressway” has the same meaning is the same
   15  as limited access expressway.
   16         (8) The term “federal agency” means and includes the United
   17  States, the President of the United States, and any department
   18  of, or corporation, agency, or instrumentality heretofore or
   19  hereafter created, designated, or established by, the United
   20  States.
   21         (9) The term “lease-purchase agreement” means the lease
   22  purchase agreements that which the authority is authorized
   23  pursuant to this part to enter into with the Department of
   24  Transportation pursuant to this part.
   25         (10) The term “limited access expressway” means a street or
   26  highway specifically especially designed for through traffic,
   27  and over, from, or to which, a no person does not shall have the
   28  right of easement, use, or access except in accordance with the
   29  rules of and regulations promulgated and established by the
   30  authority governing its use for the use of such facility. Such
   31  highways or streets may be parkways that do not allow traffic
   32  by, from which trucks, buses, and other commercial vehicles
   33  shall be excluded, or they may be freeways open to use by all
   34  customary forms of street and highway traffic.
   35         (11) The term “members” means the governing body of the
   36  authority, and the term “member” means an individual who serves
   37  on the one of the individuals constituting such governing body
   38  of the authority.
   39         (12) The term “Orange County gasoline tax funds” means all
   40  the revenue derived from the 80-percent surplus gasoline tax
   41  funds accruing in each year to the Department of Transportation
   42  for use in Orange County under the provisions of s. 9, Art. XII
   43  of the State Constitution, after deducting deduction only of any
   44  amounts of said gasoline tax funds previously heretofore pledged
   45  by the department or the county for outstanding obligations.
   46         (13) The term “Orlando-Orange County Expressway System”
   47  means any and all expressways and appurtenant facilities
   48  thereto, including, but not limited to, all approaches, roads,
   49  bridges, and avenues of access for said expressway or
   50  expressways.
   51         (13)(14) The term “State Board of Administration” means the
   52  body corporate existing under the provisions of s. 9, Art. XII
   53  of the State Constitution, or any successor thereto.
   54         (14) The term transportation facilities” means and
   55  includes the mobile and fixed assets, and the associated real or
   56  personal property or rights, used in the transportation of
   57  persons or property by any means of conveyance, and all
   58  appurtenances, such as, but not limited to, highways; limited or
   59  controlled access lanes, avenues of access, and facilities;
   60  vehicles; fixed guideway facilities, including maintenance
   61  facilities; and administrative and other office space for the
   62  exercise by the authority of the powers and obligations granted
   63  in this part.
   64         (15) Words importing singular number include the plural
   65  number in each case and vice versa, and words importing persons
   66  include firms and corporations.
   67         Section 3. Section 348.753, Florida Statutes, is amended to
   68  read:
   69         348.753 Central Florida Orlando-Orange County Expressway
   70  Authority.—
   71         (1) There is hereby created and established a body politic
   72  and corporate, an agency of the state, to be known as the
   73  Central Florida Orlando-Orange County Expressway Authority.,
   74  hereinafter referred to as “authority.”
   75         (2)(a)Effective July 1, 2014, the Central Florida
   76  Expressway Authority shall assume the governance and control of
   77  the Orlando-Orange County Expressway Authority System, including
   78  its assets, personnel, contracts, obligations, liabilities,
   79  facilities, and tangible and intangible property. Any rights in
   80  such property, and other legal rights of the authority, are
   81  transferred to the Central Florida Expressway Authority. The
   82  powers, responsibilities, and obligations of the Orlando-Orange
   83  County Expressway Authority shall succeed to and be assumed by
   84  the Central Florida Expressway Authority on July 1, 2014.
   85         (b)The transfer pursuant to this subsection is subject to
   86  the terms and covenants provided for the protection of the
   87  holders of the Orlando-Orange County Expressway Authority bonds
   88  in the lease-purchase agreement and the resolutions adopted in
   89  connection with the issuance of the bonds. Further, the transfer
   90  does not impair the terms of the contract between the Orlando
   91  Orange County Expressway Authority and the bondholders, does not
   92  act to the detriment of the bondholders, and does not diminish
   93  the security for the bonds. After the transfer, the Central
   94  Florida Expressway Authority shall operate and maintain the
   95  expressway system and any other facilities of the Orlando-Orange
   96  County Expressway Authority in accordance with the terms,
   97  conditions, and covenants contained in the bond resolutions and
   98  lease-purchase agreement securing the bonds of the authority.
   99  The Central Florida Expressway Authority shall collect toll
  100  revenues and apply them to the payment of debt service as
  101  provided in the bond resolution securing the bonds, and shall
  102  expressly assume all obligations relating to the bonds to ensure
  103  that the transfer will have no adverse impact on the security
  104  for the bonds. The transfer does not make the obligation to pay
  105  the principal and interest on the bonds a general liability of
  106  the Central Florida Expressway Authority or pledge additional
  107  expressway system revenues to payment of the bonds. Revenues
  108  that are generated by the expressway system and other facilities
  109  of the Central Florida Expressway Authority which were pledged
  110  by the Orlando-Orange County Expressway Authority to payment of
  111  the bonds will remain subject to the pledge for the benefit of
  112  the bondholders. The transfer does not modify or eliminate any
  113  prior obligation of the department to pay certain costs of the
  114  expressway system from sources other than revenues of the
  115  expressway system.
  116         (3)(2) The governing body of the authority shall consist of
  117  11 five members. The chairs of the boards of the county
  118  commissions of Seminole, Lake, and Osceola Counties shall each
  119  appoint one member, who may be a commission member or chair. The
  120  Governor shall appoint six citizen members. Of the Governor’s
  121  appointments, two Three members must shall be citizens of Orange
  122  County, one member each must be a citizen of Seminole, Lake, and
  123  Osceola Counties, and one member may be a citizen of any of the
  124  identified counties who shall be appointed by the Governor. The
  125  10th fourth member must shall be, ex officio, the Mayor of chair
  126  of the County Commissioners of Orange County. The 11th member
  127  must be the Mayor of the City of Orlando. The executive director
  128  of Florida Turnpike Enterprise shall serve as a nonvoting
  129  advisor to the governing body of the authority, and the fifth
  130  member shall be, ex officio, the district secretary of the
  131  Department of Transportation serving in the district that
  132  contains Orange County. The term of Each appointed member
  133  appointed by the Governor shall serve be for 4 years. Each
  134  county-appointed member shall serve for 2 years. Standing board
  135  members shall complete their terms. Each appointed member shall
  136  hold office until his or her successor has been appointed and
  137  has qualified. A vacancy occurring during a term must shall be
  138  filled only for the balance of the unexpired term. Each
  139  appointed member of the authority shall be a person of
  140  outstanding reputation for integrity, responsibility, and
  141  business ability, but, except as provided in this subsection, a
  142  no person who is an officer or employee of a municipality or any
  143  city or of Orange county may not in any other capacity shall be
  144  an appointed member of the authority. Any member of the
  145  authority is shall be eligible for reappointment.
  146         (4)(3)(a) The authority shall elect one of its members as
  147  chair of the authority. The authority shall also elect one of
  148  its members as vice chair, one of its members as a secretary,
  149  and one of its members as a treasurer who may or may not be
  150  members of the authority. The chair, vice chair, secretary, and
  151  treasurer shall hold such offices at the will of the authority.
  152  Six Three members of the authority shall constitute a quorum,
  153  and the vote of six three members is shall be necessary for any
  154  action taken by the authority. A No vacancy in the authority
  155  does not shall impair the right of a quorum of the authority to
  156  exercise all of the rights and perform all of the duties of the
  157  authority.
  158         (b) Upon the effective date of his or her appointment, or
  159  as soon thereafter as practicable, each appointed member of the
  160  authority shall enter upon his or her duties.
  161         (5)(4)(a) The authority may employ an executive secretary,
  162  an executive director, its own counsel and legal staff,
  163  technical experts, and the such engineers, and such employees
  164  that, permanent or temporary, as it requires. The authority may
  165  require and may determine the qualifications and fix the
  166  compensation of such persons, firms, or corporations, and may
  167  employ a fiscal agent or agents;, provided, however, that the
  168  authority shall solicit sealed proposals from at least three
  169  persons, firms, or corporations for the performance of any
  170  services as fiscal agents. The authority may delegate to one or
  171  more of its agents or employees the such of its power as it
  172  deems shall deem necessary to carry out the purposes of this
  173  part, subject always to the supervision and control of the
  174  authority. Members of the authority may be removed from their
  175  office by the Governor for misconduct, malfeasance, misfeasance,
  176  or nonfeasance in office.
  177         (b) Members of the authority are shall be entitled to
  178  receive from the authority their travel and other necessary
  179  expenses incurred in connection with the business of the
  180  authority as provided in s. 112.061, but may not they shall draw
  181  no salaries or other compensation.
  182         Section 4. Section 348.754, Florida Statutes, is amended to
  183  read:
  184         348.754 Purposes and powers.—
  185         (1)(a) The authority created and established under by the
  186  provisions of this part is hereby granted and has shall have the
  187  right to acquire, hold, construct, improve, maintain, operate,
  188  own, and lease in the capacity of lessor, the Central Florida
  189  Orlando-Orange County Expressway System, hereinafter referred to
  190  as “system.” Except as otherwise specifically provided by law,
  191  including paragraph (2)(n), the area served by the authority
  192  shall be within the geographical boundaries of Orange, Seminole,
  193  Lake, and Osceola Counties.
  194         (b) It is the express intention of this part that said
  195  authority, In the construction of the Central Florida said
  196  Orlando-Orange County Expressway System, the authority may shall
  197  be authorized to construct any extensions, additions, or
  198  improvements to the said system or appurtenant facilities,
  199  including all necessary approaches, roads, bridges, and avenues
  200  of access, rapid transit, trams, fixed guideways, thoroughfares,
  201  and boulevards with any such changes, modifications, or
  202  revisions of the said project which are as shall be deemed
  203  desirable and proper.
  204         (c)Notwithstanding any other provision of this section to
  205  the contrary, to ensure the continued financial feasibility of
  206  the portion of the Wekiva Parkway to be constructed by the
  207  department, the authority may not, without the prior consent of
  208  the secretary of the department, construct any extensions,
  209  additions, or improvements to the expressway system in Lake
  210  County.
  211         (2) The authority is hereby granted, and shall have and may
  212  exercise all powers necessary, appurtenant, convenient, or
  213  incidental to the implementation carrying out of the stated
  214  aforesaid purposes, including, but not without being limited to,
  215  the following rights and powers:
  216         (a) To sue and be sued, implead and be impleaded, complain
  217  and defend in all courts.
  218         (b) To adopt, use, and alter at will a corporate seal.
  219         (c) To acquire by donation or otherwise, purchase, hold,
  220  lease as lessee, and use any franchise or any, property, real,
  221  personal, or mixed, or tangible or intangible, or any options
  222  thereof in its own name or in conjunction with others, or
  223  interest in those options therein, necessary or desirable to
  224  carry for carrying out the purposes of the authority, and to
  225  sell, lease as lessor, transfer, and dispose of any property or
  226  interest in the property therein at any time acquired by it.
  227         (d) To enter into and make leases for terms not exceeding
  228  99 40 years, as either lessee or lessor, in order to carry out
  229  the right to lease as specified set forth in this part.
  230         (e) To enter into and make lease-purchase agreements with
  231  the department for terms not exceeding 99 40 years, or until any
  232  bonds secured by a pledge of rentals pursuant to the agreement
  233  thereunder, and any refundings pursuant to the agreement
  234  thereof, are fully paid as to both principal and interest,
  235  whichever is longer. The authority is a party to a lease
  236  purchase agreement between the department and the authority
  237  dated December 23, 1985, as supplemented by a first supplement
  238  to the lease-purchase agreement dated November 25, 1986, and a
  239  second supplement to the lease-purchase agreement dated October
  240  27, 1988. The authority may not enter into other lease-purchase
  241  agreements with the department and may not amend the existing
  242  agreement in a manner that expands or increases the department’s
  243  obligations unless the department determines that the agreement
  244  or amendment is necessary to permit the refunding of bonds
  245  issued before July 1, 2012.
  246         (f) To fix, alter, charge, establish, and collect rates,
  247  fees, rentals, and other charges for the services and facilities
  248  of the Central Florida Orlando-Orange County Expressway System,
  249  which must rates, fees, rentals and other charges shall always
  250  be sufficient to comply with any covenants made with the holders
  251  of any bonds issued pursuant to this part; provided, however,
  252  that such right and power may be assigned or delegated, by the
  253  authority, to the department. Toll revenues attributable to an
  254  increase in the toll rates charged on or after July 1, 2014, for
  255  the use of a facility or portion of a facility may not be used
  256  to construct or expand a different facility unless a two-thirds
  257  majority of the members of the authority votes to approve such
  258  use. This requirement does not apply if, and to the extent that:
  259         1. Application of the requirement would violate any
  260  covenant established in a resolution or trust indenture under
  261  which bonds were issued by the Orlando-Orange County Expressway
  262  Authority on or before July 1, 2014; or
  263         2. Application of the requirement would cause the authority
  264  to be unable to meet its obligations under the terms of the
  265  memorandum of understanding between the authority and the
  266  department as ratified by the Orlando-Orange County Expressway
  267  Authority board on February 22, 2012.
  268  
  269  Notwithstanding s. 338.165, and except as otherwise prohibited
  270  by this part, to the extent revenues of the expressway system
  271  exceed amounts required to comply with any covenants made with
  272  the holders of bonds issued pursuant to this part, revenues may
  273  be used for purposes enumerated in subsection (6), provided the
  274  expenditures are consistent with the metropolitan planning
  275  organization’s adopted long-range plan.
  276         (g) To borrow money, make and issue negotiable notes,
  277  bonds, refunding bonds, and other evidences of indebtedness or
  278  obligations, either in temporary or definitive form, hereinafter
  279  in this chapter sometimes called “bonds” of the authority, for
  280  the purpose of financing all or part of the improvement or
  281  extension of the Central Florida Orlando-Orange County
  282  Expressway System, and appurtenant facilities, including all
  283  approaches, streets, roads, bridges, and avenues of access for
  284  the Central Florida said Orlando-Orange County Expressway System
  285  and for any other purpose authorized by this part, said bonds to
  286  mature in not exceeding 40 years from the date of the issuance
  287  thereof, and to secure the payment of such bonds or any part
  288  thereof by a pledge of any or all of its revenues, rates, fees,
  289  rentals, or other charges, including all or any portion of the
  290  Orange County gasoline tax funds received by the authority
  291  pursuant to the terms of any lease-purchase agreement between
  292  the authority and the department; and in general to provide for
  293  the security of the said bonds and the rights and remedies of
  294  the holders thereof. Provided, However, that no portion of the
  295  Orange County gasoline tax funds may shall be pledged for the
  296  construction of any project for which a toll is to be charged
  297  unless the anticipated toll is tolls are reasonably estimated by
  298  the board of county commissioners, at the date of its resolution
  299  pledging the said funds, to be sufficient to cover the principal
  300  and interest of such obligations during the period when the said
  301  pledge of funds is shall be in effect. The bonds issued under
  302  this paragraph must mature not more than 40 years after their
  303  issue date.
  304         1. The authority shall reimburse Orange County for any sums
  305  expended from the said gasoline tax funds used for the payment
  306  of such obligations. Any gasoline tax funds so disbursed must
  307  shall be repaid when the authority deems it practicable,
  308  together with interest at the highest rate applicable to any
  309  obligations of the authority.
  310         2. If, pursuant to this section, In the event the authority
  311  funds shall determine to fund or refunds refund any bonds
  312  previously theretofore issued by the said authority, or the by
  313  said commission before the bonds mature as aforesaid prior to
  314  the maturity thereof, the proceeds of such funding or refunding
  315  must bonds shall, pending the prior redemption of these the
  316  bonds to be funded or refunded, be invested in direct
  317  obligations of the United States, and it is the express
  318  intention of this part that such outstanding bonds may be funded
  319  or refunded by the issuance of bonds pursuant to this part.
  320         (h) To make contracts of every name and nature, including,
  321  but not limited to, partnerships providing for participation in
  322  ownership and revenues, and to execute all instruments necessary
  323  or convenient for conducting the carrying on of its business.
  324         (i) Notwithstanding paragraphs (a)-(h), Without limitation
  325  of the foregoing, to borrow money and accept grants from, and to
  326  enter into contracts, leases, or other transactions with any
  327  federal agency, the state, any agency of the state, the County
  328  of Orange, the City of Orlando, or with any other public body of
  329  the state.
  330         (j) To have the power of eminent domain, including the
  331  procedural powers granted under both chapters 73 and 74.
  332         (k) To pledge, hypothecate, or otherwise encumber all or
  333  any part of the revenues, rates, fees, rentals, or other charges
  334  or receipts of the authority, including all or any portion of
  335  the Orange County gasoline tax funds received by the authority
  336  pursuant to the terms of any lease-purchase agreement between
  337  the authority and the department, as security for all or any of
  338  the obligations of the authority.
  339         (l) To enter into partnership and other agreements
  340  respecting ownership and revenue participation in order to
  341  facilitate financing and constructing the Western Beltway, or
  342  portions thereof.
  343         (m) To do everything all acts and things necessary or
  344  convenient for the conduct of its business and the general
  345  welfare of the authority, in order to comply with carry out the
  346  powers granted to it by this part or any other law.
  347         (n) With the consent of the county within whose
  348  jurisdiction the following activities occur, the authority shall
  349  have the right to construct, operate, and maintain roads,
  350  bridges, avenues of access, transportation facilities,
  351  thoroughfares, and boulevards outside the jurisdictional
  352  boundaries of Orange, Seminole, Lake, and Osceola Counties
  353  County, together with the right to construct, repair, replace,
  354  operate, install, and maintain electronic toll payment systems
  355  thereon, with all necessary and incidental powers to accomplish
  356  the foregoing.
  357         (3) The authority does not shall have the no power at any
  358  time or in any manner to pledge the credit or taxing power of
  359  the state or any political subdivision or agency thereof,
  360  including any city and any county the City of Orlando and the
  361  County of Orange, nor may nor shall any of the authority’s
  362  obligations be deemed to be obligations of the state or of any
  363  political subdivision or agency thereof, nor may nor shall the
  364  state or any political subdivision or agency thereof, except the
  365  authority, be liable for the payment of the principal of or
  366  interest on such obligations.
  367         (4) Anything in this part to the contrary notwithstanding,
  368  acquisition of right-of-way for a project of the authority which
  369  is within the boundaries of any municipality in Orange County
  370  shall not be begun unless and until the route of said project
  371  within said municipality has been given prior approval by the
  372  governing body of said municipality.
  373         (4)(5) The authority has shall have no power other than by
  374  consent of an affected Orange county or any affected city, to
  375  enter into any agreement which would legally prohibit the
  376  construction of a any road by the respective county or city
  377  Orange County or by any city within Orange County.
  378         (5)The authority shall encourage the inclusion of local-,
  379  small-, minority-, and women-owned businesses in its procurement
  380  and contracting opportunities.
  381         (6)(a)The authority may, within the right-of-way of the
  382  expressway system, finance or refinance the planning, design,
  383  acquisition, construction, extension, rehabilitation, equipping,
  384  preservation, maintenance, or improvement of an intermodal
  385  facility or facilities, a multimodal corridor or corridors, or
  386  any programs or projects that will improve the levels of service
  387  on the expressway system Notwithstanding s. 255.05, the Orlando
  388  Orange County Expressway Authority may waive payment and
  389  performance bonds on construction contracts for the construction
  390  of a public building, for the prosecution and completion of a
  391  public work, or for repairs on a public building or public work
  392  that has a cost of $500,000 or less and when the project is
  393  awarded pursuant to an economic development program for the
  394  encouragement of local small businesses that has been adopted by
  395  the governing body of the Orlando-Orange County Expressway
  396  Authority pursuant to a resolution or policy.
  397         (b) The authority’s adopted criteria for participation in
  398  the economic development program for local small businesses
  399  requires that a participant:
  400         1. Be an independent business.
  401         2. Be principally domiciled in the Orange County Standard
  402  Metropolitan Statistical Area.
  403         3. Employ 25 or fewer full-time employees.
  404         4. Have gross annual sales averaging $3 million or less
  405  over the immediately preceding 3 calendar years with regard to
  406  any construction element of the program.
  407         5. Be accepted as a participant in the Orlando-Orange
  408  County Expressway Authority’s microcontracts program or such
  409  other small business program as may be hereinafter enacted by
  410  the Orlando-Orange County Expressway Authority.
  411         6. Participate in an educational curriculum or technical
  412  assistance program for business development that will assist the
  413  small business in becoming eligible for bonding.
  414         (c) The authority’s adopted procedures for waiving payment
  415  and performance bonds on projects with values not less than
  416  $200,000 and not exceeding $500,000 shall provide that payment
  417  and performance bonds may only be waived on projects that have
  418  been set aside to be competitively bid on by participants in an
  419  economic development program for local small businesses. The
  420  authority’s executive director or his or her designee shall
  421  determine whether specific construction projects are suitable
  422  for:
  423         1. Bidding under the authority’s microcontracts program by
  424  registered local small businesses; and
  425         2. Waiver of the payment and performance bond.
  426  
  427  The decision of the authority’s executive director or deputy
  428  executive director to waive the payment and performance bond
  429  shall be based upon his or her investigation and conclusion that
  430  there exists sufficient competition so that the authority
  431  receives a fair price and does not undertake any unusual risk
  432  with respect to such project.
  433         (d) For any contract for which a payment and performance
  434  bond has been waived pursuant to the authority set forth in this
  435  section, the Orlando-Orange County Expressway Authority shall
  436  pay all persons defined in s. 713.01 who furnish labor,
  437  services, or materials for the prosecution of the work provided
  438  for in the contract to the same extent and upon the same
  439  conditions that a surety on the payment bond under s. 255.05
  440  would have been obligated to pay such persons if the payment and
  441  performance bond had not been waived. The authority shall record
  442  notice of this obligation in the manner and location that surety
  443  bonds are recorded. The notice shall include the information
  444  describing the contract that s. 255.05(1) requires be stated on
  445  the front page of the bond. Notwithstanding that s. 255.05(9)
  446  generally applies when a performance and payment bond is
  447  required, s. 255.05(9) shall apply under this subsection to any
  448  contract on which performance or payment bonds are waived and
  449  any claim to payment under this subsection shall be treated as a
  450  contract claim pursuant to s. 255.05(9).
  451         (e) A small business that has been the successful bidder on
  452  six projects for which the payment and performance bond was
  453  waived by the authority pursuant to paragraph (a) shall be
  454  ineligible to bid on additional projects for which the payment
  455  and performance bond is to be waived. The local small business
  456  may continue to participate in other elements of the economic
  457  development program for local small businesses as long as it is
  458  eligible.
  459         (f) The authority shall conduct bond eligibility training
  460  for businesses qualifying for bond waiver under this subsection
  461  to encourage and promote bond eligibility for such businesses.
  462         (g) The authority shall prepare a biennial report on the
  463  activities undertaken pursuant to this subsection to be
  464  submitted to the Orange County legislative delegation. The
  465  initial report shall be due December 31, 2010.
  466         Section 5. Section 348.7543, Florida Statutes, is amended
  467  to read:
  468         348.7543 Improvements, bond financing authority for.
  469  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  470  Legislature hereby approves for bond financing by the Central
  471  Florida Orlando-Orange County Expressway Authority improvements
  472  to toll collection facilities, interchanges to the legislatively
  473  approved expressway system, and any other facility appurtenant,
  474  necessary, or incidental to the approved system. Subject to
  475  terms and conditions of applicable revenue bond resolutions and
  476  covenants, such costs may be financed in whole or in part by
  477  revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether
  478  currently issued or issued in the future, or by a combination of
  479  such bonds.
  480         Section 6. Section 348.7544, Florida Statutes, is amended
  481  to read:
  482         348.7544 Northwest Beltway Part A, construction authorized;
  483  financing.—Notwithstanding s. 338.2275, the Central Florida
  484  Orlando-Orange County Expressway Authority may is hereby
  485  authorized to construct, finance, operate, own, and maintain
  486  that portion of the Western Beltway known as the Northwest
  487  Beltway Part A, extending from Florida’s Turnpike near Ocoee
  488  north to U.S. 441 near Apopka, as part of the authority’s 20
  489  year capital projects plan. This project may be financed with
  490  any funds available to the authority for such purpose or revenue
  491  bonds issued by the Division of Bond Finance of the State Board
  492  of Administration on behalf of the authority pursuant to s. 11,
  493  Art. VII of the State Constitution and the State Bond Act, ss.
  494  215.57-215.83.
  495         Section 7. Section 348.7545, Florida Statutes, is amended
  496  to read:
  497         348.7545 Western Beltway Part C, construction authorized;
  498  financing.—Notwithstanding s. 338.2275, the Central Florida
  499  Orlando-Orange County Expressway Authority may is authorized to
  500  exercise its condemnation powers, construct, finance, operate,
  501  own, and maintain that portion of the Western Beltway known as
  502  the Western Beltway Part C, extending from Florida’s Turnpike
  503  near Ocoee in Orange County southerly through Orange and Osceola
  504  Counties to an interchange with I-4 near the Osceola-Polk County
  505  line, as part of the authority’s 20-year capital projects plan.
  506  This project may be financed with any funds available to the
  507  authority for such purpose or revenue bonds issued by the
  508  Division of Bond Finance of the State Board of Administration on
  509  behalf of the authority pursuant to s. 11, Art. VII of the State
  510  Constitution and the State Bond Act, ss. 215.57-215.83. This
  511  project may be refinanced with bonds issued by the authority
  512  pursuant to s. 348.755(1)(d).
  513         Section 8. Section 348.7546, Florida Statutes, is amended
  514  to read:
  515         348.7546 Wekiva Parkway, construction authorized;
  516  financing.—
  517         (1) The Central Florida Orlando-Orange County Expressway
  518  Authority may is authorized to exercise its condemnation powers
  519  and to construct, finance, operate, own, and maintain those
  520  portions of the Wekiva Parkway which are identified by agreement
  521  between the authority and the department and which are included
  522  as part of the authority’s long-range capital improvement plan.
  523  The “Wekiva Parkway” means any limited access highway or
  524  expressway constructed between State Road 429 and Interstate 4
  525  specifically incorporating the corridor alignment recommended by
  526  Recommendation 2 of the Wekiva River Basin Area Task Force final
  527  report dated January 15, 2003, and the recommendations of the SR
  528  429 Working Group, which were adopted January 16, 2004. This
  529  project may be financed with any funds available to the
  530  authority for such purpose or revenue bonds issued by the
  531  authority under s. 11, Art. VII of the State Constitution and s.
  532  348.755(1)(b). This section does not invalidate the exercise by
  533  the authority of its condemnation powers or the acquisition of
  534  any property for the Wekiva Parkway before July 1, 2012.
  535         (2) Notwithstanding any other provision of law to the
  536  contrary, in order to ensure that funds are available to the
  537  department for its portion of the Wekiva Parkway, beginning July
  538  1, 2012, the authority shall repay the expenditures by the
  539  department for costs of operation and maintenance of the Central
  540  Florida Orlando-Orange County Expressway System in accordance
  541  with the terms of the memorandum of understanding between the
  542  authority and the department as ratified by the authority board
  543  on February 22, 2012, which requires the authority to pay the
  544  department $10 million on July 1, 2012, and $20 million on each
  545  successive July 1 until the department has been fully reimbursed
  546  for all costs of the Central Florida Orlando-Orange County
  547  Expressway System which were paid, advanced, or reimbursed to
  548  the authority by the department, with a final payment in the
  549  amount of the balance remaining. Notwithstanding any other law
  550  to the contrary, the funds paid to the department pursuant to
  551  this subsection must shall be allocated by the department for
  552  construction of the Wekiva Parkway.
  553         (3) The department’s obligation to construct its portions
  554  of the Wekiva Parkway is contingent upon the timely payment by
  555  the authority of the annual payments required of the authority
  556  and receipt of all required environmental permits and approvals
  557  by the Federal Government.
  558         Section 9. Section 348.7547, Florida Statutes, is amended
  559  to read:
  560         348.7547 Maitland Boulevard Extension and Northwest Beltway
  561  Part A Realignment construction authorized; financing.
  562  Notwithstanding s. 338.2275, the Central Florida Orlando-Orange
  563  County Expressway Authority may is hereby authorized to exercise
  564  its condemnation powers, construct, finance, operate, own, and
  565  maintain the portion of State Road 414 known as the Maitland
  566  Boulevard Extension and the realigned portion of the Northwest
  567  Beltway Part A as part of the authority’s long-range capital
  568  improvement plan. The Maitland Boulevard Extension extends will
  569  extend from the current terminus of State Road 414 at U.S. 441
  570  west to State Road 429 in west Orange County. The realigned
  571  portion of the Northwest Beltway Part A runs will run from the
  572  point at or near where the Maitland Boulevard Extension connects
  573  will connect with State Road 429 and proceeds will proceed to
  574  the west and then north resulting in the northern terminus of
  575  State Road 429 moving farther west before reconnecting with U.S.
  576  441. However, under no circumstances may shall the realignment
  577  of the Northwest Beltway Part A conflict with or contradict with
  578  the alignment of the Wekiva Parkway as defined in s. 348.7546.
  579  This project may be financed with any funds available to the
  580  authority for such purpose or revenue bonds issued by the
  581  authority under s. 11, Art. VII of the State Constitution and s.
  582  348.755(1)(b).
  583         Section 10. Subsections (2) and (3) of section 348.755,
  584  Florida Statutes, are amended to read:
  585         348.755 Bonds of the authority.—
  586         (2) Any such resolution that authorizes or resolutions
  587  authorizing any bonds issued under this section hereunder may
  588  contain provisions that must which shall be part of the contract
  589  with the holders of such bonds, relating as to:
  590         (a) The pledging of all or any part of the revenues, rates,
  591  fees, rentals, (including all or any portion of the Orange
  592  County gasoline tax funds received by the authority pursuant to
  593  the terms of any lease-purchase agreement between the authority
  594  and the department, or any part thereof), or other charges or
  595  receipts of the authority, derived by the authority, from the
  596  Central Florida Orlando-Orange County Expressway System.
  597         (b) The completion, improvement, operation, extension,
  598  maintenance, repair, lease or lease-purchase agreement of the
  599  said system, and the duties of the authority and others,
  600  including the department, with reference thereto.
  601         (c) Limitations on the purposes to which the proceeds of
  602  the bonds, then or thereafter to be issued, or of any loan or
  603  grant by the United States or the state may be applied.
  604         (d) The fixing, charging, establishing, and collecting of
  605  rates, fees, rentals, or other charges for use of the services
  606  and facilities of the Central Florida Orlando-Orange County
  607  Expressway System or any part thereof.
  608         (e) The setting aside of reserves or sinking funds or
  609  repair and replacement funds and the regulation and disposition
  610  thereof.
  611         (f) Limitations on the issuance of additional bonds.
  612         (g) The terms and provisions of any lease-purchase
  613  agreement, deed of trust or indenture securing the bonds, or
  614  under which the same may be issued.
  615         (h) Any other or additional agreements with the holders of
  616  the bonds which the authority may deem desirable and proper.
  617         (3) The authority may employ fiscal agents as provided by
  618  this part or the State Board of Administration of Florida may
  619  upon request of the authority act as fiscal agent for the
  620  authority in the issuance of any bonds that which may be issued
  621  pursuant to this part, and the State Board of Administration may
  622  upon request of the authority take over the management, control,
  623  administration, custody, and payment of any or all debt services
  624  or funds or assets now or hereafter available for any bonds
  625  issued pursuant to this part. The authority may enter into any
  626  deeds of trust, indentures or other agreements with its fiscal
  627  agent, or with any bank or trust company within or without the
  628  state, as security for such bonds, and may, under such
  629  agreements, sign and pledge all or any of the revenues, rates,
  630  fees, rentals or other charges or receipts of the authority,
  631  including all or any portion of the Orange County gasoline tax
  632  funds received by the authority pursuant to the terms of any
  633  lease-purchase agreement between the authority and the
  634  department, thereunder. Such deed of trust, indenture, or other
  635  agreement may contain such provisions as are customary in such
  636  instruments, or, as the authority may authorize, including but
  637  without limitation, provisions as to:
  638         (a) The completion, improvement, operation, extension,
  639  maintenance, repair, and lease of, or lease-purchase agreement
  640  relating to the Central Florida Orlando-Orange County Expressway
  641  System, and the duties of the authority and others including the
  642  department, with reference thereto.
  643         (b) The application of funds and the safeguarding of funds
  644  on hand or on deposit.
  645         (c) The rights and remedies of the trustee and the holders
  646  of the bonds.
  647         (d) The terms and provisions of the bonds or the
  648  resolutions authorizing the issuance of same.
  649         Section 11. Subsections (3) and (4) of section 348.756,
  650  Florida Statutes, are amended to read:
  651         348.756 Remedies of the bondholders.—
  652         (3) When a Any trustee is when appointed pursuant to
  653  subsection (1) as aforesaid, or is acting under a deed of trust,
  654  indenture, or other agreement, and whether or not all bonds have
  655  been declared due and payable, the trustee is shall be entitled
  656  as of right to the appointment of a receiver, who may enter upon
  657  and take possession of the Central Florida Orlando-Orange County
  658  Expressway System or the facilities or any part of the system or
  659  facilities or parts thereof, the rates, fees, rentals, or other
  660  revenues, charges, or receipts that from which are, or may be,
  661  applicable to the payment of the bonds so in default, and
  662  subject to and in compliance with the provisions of any lease
  663  purchase agreement between the authority and the department
  664  operate and maintain the same, for and on behalf of and in the
  665  name of, the authority, the department, and the bondholders, and
  666  collect and receive all rates, fees, rentals, and other charges
  667  or receipts or revenues arising therefrom in the same manner as
  668  the authority or the department might do, and shall deposit all
  669  such moneys in a separate account and apply the same in such
  670  manner as the court directs shall direct. In any suit, action,
  671  or proceeding by the trustee, the fees, counsel fees, and
  672  expenses of the trustee, and the said receiver, if any, and all
  673  costs and disbursements allowed by the court must shall be a
  674  first charge on any rates, fees, rentals, or other charges,
  675  revenues, or receipts, derived from the Central Florida Orlando
  676  Orange County Expressway System, or the facilities or services
  677  or any part of the system or facilities or parts thereof,
  678  including payments under any such lease-purchase agreement as
  679  aforesaid which said rates, fees, rentals, or other charges,
  680  revenues, or receipts shall or may be applicable to the payment
  681  of the bonds that are so in default. The Such trustee has shall,
  682  in addition to the foregoing, have and possess all of the powers
  683  necessary or appropriate for the exercise of any functions
  684  specifically set forth in this section herein or incident to the
  685  representation of the bondholders in the enforcement and
  686  protection of their rights.
  687         (4) Nothing in This section or any other section of this
  688  part does not shall authorize any receiver appointed pursuant
  689  hereto for the purpose, subject to and in compliance with the
  690  provisions of any lease-purchase agreement between the authority
  691  and the department, of operating and maintaining the Central
  692  Florida Orlando-Orange County Expressway System or any
  693  facilities or part of the system or facilities or parts thereof,
  694  to sell, assign, mortgage, or otherwise dispose of any of the
  695  assets of whatever kind and character belonging to the
  696  authority. It is the intention of this part to limit The powers
  697  of the such receiver, subject to and in compliance with the
  698  provisions of any lease-purchase agreement between the authority
  699  and the department, are limited to the operation and maintenance
  700  of the Central Florida Orlando-Orange County Expressway System,
  701  or any facility, or part or parts thereof, as the court may
  702  direct, in the name and for and on behalf of the authority, the
  703  department, and the bondholders, and no holder of bonds on the
  704  authority nor any trustee, has shall ever have the right in any
  705  suit, action, or proceeding at law or in equity, to compel a
  706  receiver, nor may shall any receiver be authorized or any court
  707  be empowered to direct the receiver to sell, assign, mortgage,
  708  or otherwise dispose of any assets of whatever kind or character
  709  belonging to the authority.
  710         Section 12. Subsections (1) through (7) of section 348.757,
  711  Florida Statutes, are amended to read:
  712         348.757 Lease-purchase agreement.—
  713         (1) In order to effectuate the purposes of this part and as
  714  authorized by this part, The authority may enter into a lease
  715  purchase agreement with the department relating to and covering
  716  the former Orlando-Orange County Expressway System.
  717         (2) The Such lease-purchase agreement must shall provide
  718  for the leasing of the former Orlando-Orange County Expressway
  719  System, by the authority, as lessor, to the department, as
  720  lessee, must shall prescribe the term of such lease and the
  721  rentals to be paid thereunder, and must shall provide that upon
  722  the completion of the faithful performance thereunder and the
  723  termination of the such lease-purchase agreement, title in fee
  724  simple absolute to the former Orlando-Orange County Expressway
  725  System as then constituted shall be transferred in accordance
  726  with law by the authority, to the state and the authority shall
  727  deliver to the department such deeds and conveyances as shall be
  728  necessary or convenient to vest title in fee simple absolute in
  729  the state.
  730         (3) The Such lease-purchase agreement may include such
  731  other provisions, agreements, and covenants that as the
  732  authority and the department deem advisable or required,
  733  including, but not limited to, provisions as to the bonds to be
  734  issued under, and for the purposes of, this part, the
  735  completion, extension, improvement, operation, and maintenance
  736  of the former Orlando-Orange County Expressway System and the
  737  expenses and the cost of operation of the said authority, the
  738  charging and collection of tolls, rates, fees, and other charges
  739  for the use of the services and facilities of the system
  740  thereof, the application of federal or state grants or aid that
  741  which may be made or given to assist the authority in the
  742  completion, extension, improvement, operation, and maintenance
  743  of the former Orlando-Orange County Orlando Expressway System,
  744  which the authority is hereby authorized to accept and apply to
  745  such purposes, the enforcement of payment and collection of
  746  rentals and any other terms, provisions, or covenants necessary,
  747  incidental, or appurtenant to the making of and full performance
  748  under the such lease-purchase agreement.
  749         (4) The department as lessee under the such lease-purchase
  750  agreement, may is hereby authorized to pay as rentals under the
  751  agreement thereunder any rates, fees, charges, funds, moneys,
  752  receipts, or income accruing to the department from the
  753  operation of the former Orlando-Orange County Expressway System
  754  and the Orange County gasoline tax funds and may also pay as
  755  rentals any appropriations received by the department pursuant
  756  to any act of the Legislature of the state heretofore or
  757  hereafter enacted; provided, however, this part or the that
  758  nothing herein nor in such lease-purchase agreement is not
  759  intended to and does not nor shall this part or such lease
  760  purchase agreement require the making or continuance of such
  761  appropriations, and nor shall any holder of bonds issued
  762  pursuant to this part does not ever have any right to compel the
  763  making or continuance of such appropriations.
  764         (5) A No pledge of the said Orange County gasoline tax
  765  funds as rentals under a such lease-purchase agreement may not
  766  shall be made without the consent of the County of Orange
  767  evidenced by a resolution duly adopted by the board of county
  768  commissioners of said county at a public hearing held pursuant
  769  to due notice thereof published at least once a week for 3
  770  consecutive weeks before the hearing in a newspaper of general
  771  circulation in Orange County. The Said resolution, among other
  772  things, must shall provide that any excess of the said pledged
  773  gasoline tax funds which is not required for debt service or
  774  reserves for the such debt service for any bonds issued by the
  775  said authority shall be returned annually to the department for
  776  distribution to Orange County as provided by law. Before making
  777  any application for a such pledge of gasoline tax funds, the
  778  authority shall present the plan of its proposed project to the
  779  Orange County planning and zoning commission for its comments
  780  and recommendations.
  781         (6) The Said department may shall have power to covenant in
  782  any lease-purchase agreement that it will pay all or any part of
  783  the cost of the operation, maintenance, repair, renewal, and
  784  replacement of the said system, and any part of the cost of
  785  completing the said system to the extent that the proceeds of
  786  bonds issued therefor are insufficient, from sources other than
  787  the revenues derived from the operation of the said system and
  788  the said Orange County gasoline tax funds. The said department
  789  may also agree to make such other payments from any moneys
  790  available to the said commission, the said county, or the said
  791  city in connection with the construction or completion of the
  792  said system as shall be deemed by the said department to be fair
  793  and proper under any such covenants heretofore or hereafter
  794  entered into.
  795         (7) The said system must shall be a part of the state road
  796  system and the said department may is hereby authorized, upon
  797  the request of the authority, to expend out of any funds
  798  available for the purpose the such moneys, and to use such of
  799  its engineering and other forces, as may be necessary and
  800  desirable in the judgment of said department, for the operation
  801  of the said authority and for traffic surveys, borings, surveys,
  802  preparation of plans and specifications, estimates of cost, and
  803  other preliminary engineering and other studies; provided,
  804  however, that the aggregate amount of moneys expended for the
  805  said purposes by the said department do shall not exceed the sum
  806  of $375,000.
  807         Section 13. Section 348.758, Florida Statutes, is amended
  808  to read:
  809         348.758 Appointment of department as may be appointed agent
  810  of authority for construction.—The department may be appointed
  811  by the said authority as its agent for the purpose of
  812  constructing improvements and extensions to the Central Florida
  813  Orlando-Orange County Expressway System and for its the
  814  completion thereof. In such event, the authority shall provide
  815  the department with complete copies of all documents,
  816  agreements, resolutions, contracts, and instruments relating
  817  thereto and shall request the department to do such construction
  818  work, including the planning, surveying, and actual construction
  819  of the completion, extensions, and improvements to the Central
  820  Florida Orlando-Orange County Expressway System and shall
  821  transfer to the credit of an account of the department in the
  822  State Treasury of the state the necessary funds, therefor and
  823  the department may shall thereupon be authorized, empowered and
  824  directed to proceed with such construction and to use the said
  825  funds for such purpose in the same manner that it is now
  826  authorized to use the funds otherwise provided by law for the
  827  its use in construction of roads and bridges.
  828         Section 14. Section 348.759, Florida Statutes, is amended
  829  to read:
  830         348.759 Acquisition of lands and property.—
  831         (1) For the purposes of this part, the Central Florida
  832  Orlando-Orange County Expressway Authority may acquire private
  833  or public property and property rights, including rights of
  834  access, air, view, and light, by gift, devise, purchase, or
  835  condemnation by eminent domain proceedings, as the authority
  836  deems may deem necessary for any of the purposes of this part,
  837  including, but not limited to, any lands reasonably necessary
  838  for securing applicable permits, areas necessary for management
  839  of access, borrow pits, drainage ditches, water retention areas,
  840  rest areas, replacement access for landowners whose access is
  841  impaired due to the construction of a facility, and replacement
  842  rights-of-way for relocated rail and utility facilities; for
  843  existing, proposed, or anticipated transportation facilities on
  844  the Central Florida Orlando-Orange County Expressway System or
  845  in a transportation corridor designated by the authority; or for
  846  the purposes of screening, relocation, removal, or disposal of
  847  junkyards and scrap metal processing facilities. The authority
  848  may shall also have the power to condemn any material and
  849  property necessary for such purposes.
  850         (2) The right of eminent domain herein conferred shall be
  851  exercised by the authority shall exercise the right of eminent
  852  domain in the manner provided by law.
  853         (3) When the authority acquires property for a
  854  transportation facility or in a transportation corridor, it is
  855  not subject to any liability imposed by chapter 376 or chapter
  856  403 for preexisting soil or groundwater contamination due solely
  857  to its ownership. This section does not affect the rights or
  858  liabilities of any past or future owners of the acquired
  859  property and nor does not it affect the liability of any
  860  governmental entity for the results of its actions which create
  861  or exacerbate a pollution source. The authority and the
  862  Department of Environmental Protection may enter into
  863  interagency agreements for the performance, funding, and
  864  reimbursement of the investigative and remedial acts necessary
  865  for property acquired by the authority.
  866         Section 15. Section 348.760, Florida Statutes, is amended
  867  to read:
  868         348.760 Cooperation with other units, boards, agencies, and
  869  individuals.—A Express authority and power is hereby given and
  870  granted any county, municipality, drainage district, road and
  871  bridge district, school district or any other political
  872  subdivision, board, commission, or individual in, or of, the
  873  state may to make and enter into with the authority, contracts,
  874  leases, conveyances, partnerships, or other agreements pursuant
  875  to within the provisions and purposes of this part. The
  876  authority may is hereby expressly authorized to make and enter
  877  into contracts, leases, conveyances, partnerships, and other
  878  agreements with any political subdivision, agency, or
  879  instrumentality of the state and any and all federal agencies,
  880  corporations, and individuals, for the purpose of carrying out
  881  the provisions of this part or with the consent of the Seminole
  882  County Expressway Authority, for the purpose of carrying out and
  883  implementing part VIII of this chapter.
  884         Section 16. Section 348.761, Florida Statutes, is amended
  885  to read:
  886         348.761 Covenant of the state.—The state pledges does
  887  hereby pledge to, and agrees, with any person, firm or
  888  corporation, or federal or state agency subscribing to, or
  889  acquiring the bonds to be issued by the authority for the
  890  purposes of this part that the state will not limit or alter the
  891  rights that are hereby vested in the authority and the
  892  department until all issued bonds and interest at any time
  893  issued, together with the interest thereon, are fully paid and
  894  discharged insofar as the pledge same affects the rights of the
  895  holders of bonds issued pursuant to this part hereunder. The
  896  state does further pledge to, and agree, with the United States
  897  that in the event any federal agency constructs or contributes
  898  shall construct or contribute any funds for the completion,
  899  extension, or improvement of the Central Florida Orlando-Orange
  900  County Expressway System, or any part or portion of the system
  901  thereof, the state will not alter or limit the rights and powers
  902  of the authority and the department in any manner that which
  903  would be inconsistent with the continued maintenance and
  904  operation of the Central Florida Orlando-Orange County
  905  Expressway System or the completion, extension, or improvement
  906  of the system thereof, or that which would be inconsistent with
  907  the due performance of any agreements between the authority and
  908  any such federal agency, and the authority and the department
  909  shall continue to have and may exercise all powers herein
  910  granted in this part, so long as the powers are same shall be
  911  necessary or desirable for the carrying out of the purposes of
  912  this part and the purposes of the United States in the
  913  completion, extension, or improvement of the Central Florida
  914  Orlando-Orange County Expressway System, or any part of the
  915  system or portion thereof.
  916         Section 17. Section 348.765, Florida Statutes, is amended
  917  to read:
  918         348.765 This part complete and additional authority.—
  919         (1) The powers conferred by this part are shall be in
  920  addition and supplemental to the existing powers of the said
  921  board and the department, and this part may shall not be
  922  construed as repealing any of the provisions, of any other law,
  923  general, special, or local, but to supersede such other laws in
  924  the exercise of the powers provided in this part, and to provide
  925  a complete method for the exercise of the powers granted in this
  926  part. The extension and improvement of the Central Florida said
  927  Orlando-Orange County Expressway System, and the issuance of
  928  bonds pursuant to this part hereunder to finance all or part of
  929  the cost of the system thereof, may be accomplished upon
  930  compliance with the provisions of this part without regard to or
  931  necessity for compliance with the provisions, limitations, or
  932  restrictions contained in any other general, special, or local
  933  law, including, but not limited to, s. 215.821, and no approval
  934  of any bonds issued under this part by the qualified electors or
  935  qualified electors who are freeholders in the state or in the
  936  said County of Orange, or in the said City of Orlando, or in any
  937  other political subdivision of the state, is shall be required
  938  for the issuance of such bonds pursuant to this part.
  939         (2) This part does shall not be deemed to repeal, rescind,
  940  or modify any other law or laws relating to the said State Board
  941  of Administration, the said Department of Transportation, or the
  942  Division of Bond Finance of the State Board of Administration,
  943  but supersedes any shall be deemed to and shall supersede such
  944  other law that is or laws as are inconsistent with the
  945  provisions of this part, including, but not limited to, s.
  946  215.821.
  947         Section 18. Subsections (6) and (7) of section 369.317,
  948  Florida Statutes, are amended to read:
  949         369.317 Wekiva Parkway.—
  950         (6) The Central Florida Orlando-Orange County Expressway
  951  Authority is hereby granted the authority to act as a third
  952  party acquisition agent, pursuant to s. 259.041 on behalf of the
  953  Board of Trustees or chapter 373 on behalf of the governing
  954  board of the St. Johns River Water Management District, for the
  955  acquisition of all necessary lands, property and all interests
  956  in property identified herein, including fee simple or less
  957  than-fee simple interests. The lands subject to this authority
  958  are identified in paragraph 10.a., State of Florida, Office of
  959  the Governor, Executive Order 03-112 of July 1, 2003, and in
  960  Recommendation 16 of the Wekiva Basin Area Task Force created by
  961  Executive Order 2002-259, such lands otherwise known as
  962  Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
  963  Lake Counties within Sections 27, 28, 33, and 34 of Township 19
  964  South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
  965  South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
  966  parcel located in Lake County within Section 37, Township 19
  967  South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
  968  Lake County within Sections 23, 25, 26, 35, and 36, Township 19
  969  South, Range 28 East; Pine Plantation, a 617+/-acre tract
  970  consisting of eight individual parcels within the Apopka City
  971  limits. The Department of Transportation, the Department of
  972  Environmental Protection, the St. Johns River Water Management
  973  District, and other land acquisition entities shall participate
  974  and cooperate in providing information and support to the third
  975  party acquisition agent. The land acquisition process authorized
  976  by this paragraph shall begin no later than December 31, 2004.
  977  Acquisition of the properties identified as Neighborhood Lakes,
  978  Pine Plantation, and New Garden Coal, or approval as a
  979  mitigation bank shall be concluded no later than December 31,
  980  2010. Department of Transportation and Central Florida Orlando
  981  Orange County Expressway Authority funds expended to purchase an
  982  interest in those lands identified in this subsection shall be
  983  eligible as environmental mitigation for road construction
  984  related impacts in the Wekiva Study Area. If any of the lands
  985  identified in this subsection are used as environmental
  986  mitigation for road-construction-related impacts incurred by the
  987  Department of Transportation or Central Florida Orlando-Orange
  988  County Expressway Authority, or for other impacts incurred by
  989  other entities, within the Wekiva Study Area or within the
  990  Wekiva parkway alignment corridor, and if the mitigation offsets
  991  these impacts, the St. Johns River Water Management District and
  992  the Department of Environmental Protection shall consider the
  993  activity regulated under part IV of chapter 373 to meet the
  994  cumulative impact requirements of s. 373.414(8)(a).
  995         (a) Acquisition of the land described in this section is
  996  required to provide right-of-way for the Wekiva Parkway, a
  997  limited access roadway linking State Road 429 to Interstate 4,
  998  an essential component in meeting regional transportation needs
  999  to provide regional connectivity, improve safety, accommodate
 1000  projected population and economic growth, and satisfy critical
 1001  transportation requirements caused by increased traffic volume
 1002  growth and travel demands.
 1003         (b) Acquisition of the lands described in this section is
 1004  also required to protect the surface water and groundwater
 1005  resources of Lake, Orange, and Seminole counties, otherwise
 1006  known as the Wekiva Study Area, including recharge within the
 1007  springshed that provides for the Wekiva River system. Protection
 1008  of this area is crucial to the long term viability of the Wekiva
 1009  River and springs and the central Florida region’s water supply.
 1010  Acquisition of the lands described in this section is also
 1011  necessary to alleviate pressure from growth and development
 1012  affecting the surface and groundwater resources within the
 1013  recharge area.
 1014         (c) Lands acquired pursuant to this section that are needed
 1015  for transportation facilities for the Wekiva Parkway shall be
 1016  determined not necessary for conservation purposes pursuant to
 1017  ss. 253.034(6) and 373.089(5) and shall be transferred to or
 1018  retained by the Central Florida Orlando-Orange County Expressway
 1019  Authority or the Department of Transportation upon reimbursement
 1020  of the full purchase price and acquisition costs.
 1021         (7) The Department of Transportation, the Department of
 1022  Environmental Protection, the St. Johns River Water Management
 1023  District, Central Florida Orlando-Orange County Expressway
 1024  Authority, and other land acquisition entities shall cooperate
 1025  and establish funding responsibilities and partnerships by
 1026  agreement to the extent funds are available to the various
 1027  entities. Properties acquired with Florida Forever funds shall
 1028  be in accordance with s. 259.041 or chapter 373. The Central
 1029  Florida Orlando-Orange County Expressway Authority shall acquire
 1030  land in accordance with this section of law to the extent funds
 1031  are available from the various funding partners, but shall not
 1032  be required nor assumed to fund the land acquisition beyond the
 1033  agreement and funding provided by the various land acquisition
 1034  entities.
 1035         Section 19. Subsection (1) of section 369.324, Florida
 1036  Statutes, is amended to read:
 1037         369.324 Wekiva River Basin Commission.—
 1038         (1) The Wekiva River Basin Commission is created to monitor
 1039  and ensure the implementation of the recommendations of the
 1040  Wekiva River Basin Coordinating Committee for the Wekiva Study
 1041  Area. The East Central Florida Regional Planning Council shall
 1042  provide staff support to the commission with funding assistance
 1043  from the Department of Economic Opportunity. The commission
 1044  shall be comprised of a total of 18 19 members appointed by the
 1045  Governor, 9 of whom shall be voting members and 9 10 shall be ad
 1046  hoc nonvoting members. The voting members shall include:
 1047         (a) One member of each of the Boards of County
 1048  Commissioners for Lake, Orange, and Seminole Counties.
 1049         (b) One municipal elected official to serve as a
 1050  representative of the municipalities located within the Wekiva
 1051  Study Area of Lake County.
 1052         (c) One municipal elected official to serve as a
 1053  representative of the municipalities located within the Wekiva
 1054  Study Area of Orange County.
 1055         (d) One municipal elected official to serve as a
 1056  representative of the municipalities located within the Wekiva
 1057  Study Area of Seminole County.
 1058         (e) One citizen representing an environmental or
 1059  conservation organization, one citizen representing a local
 1060  property owner, a land developer, or an agricultural entity, and
 1061  one at-large citizen who shall serve as chair of the council.
 1062         (f) The ad hoc nonvoting members shall include one
 1063  representative from each of the following entities:
 1064         1. St. Johns River Management District.
 1065         2. Department of Economic Opportunity.
 1066         3. Department of Environmental Protection.
 1067         4. Department of Health.
 1068         5. Department of Agriculture and Consumer Services.
 1069         6. Fish and Wildlife Conservation Commission.
 1070         7. Department of Transportation.
 1071         8. MetroPlan Orlando.
 1072         9. Central Florida Orlando-Orange County Expressway
 1073  Authority.
 1074         10. Seminole County Expressway Authority.
 1075         Section 20. (1) Effective upon the completion of
 1076  construction of the Poinciana Parkway, a limited access facility
 1077  of approximately 9 miles in length in Osceola County with its
 1078  northwestern terminus at the intersection of County Road 54 and
 1079  US 17/US 92 and its southeastern terminus at the current
 1080  intersection of Rhododendron and Cypress Parkway, described in
 1081  the Osceola County Expressway Authority May 8, 2012, Master
 1082  Plan, all powers, governance, and control of the Osceola County
 1083  Expressway System, created pursuant to part V, chapter 348,
 1084  Florida Statutes, is transferred to the Central Florida
 1085  Expressway Authority, and the assets, liabilities, facilities,
 1086  tangible and intangible property and any rights in the property,
 1087  and any other legal rights of the Osceola County Expressway
 1088  Authority are transferred to the Central Florida Expressway
 1089  Authority. The effective date of such transfer shall be extended
 1090  until completion of construction of such portions of the
 1091  Southport Connector Expressway, the Northeast Connector
 1092  Expressway, such portions of the Poinciana Parkway to connect to
 1093  State Road 429, and the Osceola Parkway Extension, as each is
 1094  described in the Osceola County Expressway Authority May 8,
 1095  2012, Master Plan, which are included in any design contract
 1096  executed by the Osceola County Expressway Authority before July
 1097  1, 2019. Part V of chapter 348, Florida Statutes, consisting of
 1098  ss. 348.9950348.9961, is repealed on the same date that the
 1099  Osceola County Expressway System is transferred to the Central
 1100  Florida Expressway Authority.
 1101         (2) The Central Florida Expressway Authority shall also
 1102  reimburse any and all obligations of any other governmental
 1103  entities with respect to the Osceola County Expressway System,
 1104  including any obligations of Osceola County with respect to
 1105  operations and maintenance of the Osceola County Expressway
 1106  System and any loan repayment obligations, including repayment
 1107  obligations with respect to State Infrastructure Bank loans.
 1108  Such reimbursement shall be made from revenues available for
 1109  such purpose after payment of all amounts required:
 1110         (a) Otherwise by law;
 1111         (b) By the terms of any resolution authorizing the issuance
 1112  of bonds by the authority, the Orlando-Orange County Expressway
 1113  Authority, or the Osceola County Expressway Authority;
 1114         (c) By the terms of any resolution under which bonds are
 1115  issued by Osceola County for the purpose of constructing
 1116  improvements to the Osceola County Expressway System; and
 1117  (d) By the terms of the memorandum of understanding between the
 1118  Orlando-Orange County Expressway Authority and the department as
 1119  ratified by the board of the Orlando-Orange County Expressway
 1120  Authority on February 22, 2012.
 1121         Section 21. This act shall take effect July 1, 2014.
 1122  
 1123  ================= T I T L E  A M E N D M E N T ================
 1124         And the title is amended as follows:
 1125         Delete lines 11 - 47
 1126  and insert:
 1127         to the authority; providing conditions for the
 1128         transfer; revising the composition of the governing
 1129         body of the authority; providing for appointment of
 1130         officers of the authority; revising quorum and voting
 1131         requirements; conforming terminology and making
 1132         technical changes; amending s. 348.754, F.S.;
 1133         providing that the area served by the authority is
 1134         within the geopolitical boundaries of Orange,
 1135         Seminole, Lake, and Osceola Counties; requiring the
 1136         authority to have prior consent from the Secretary of
 1137         the Department of Transportation to construct an
 1138         extension, addition, or improvement to the expressway
 1139         system in Lake County; extending, to 99 years from 40
 1140         years, the term of a lease or lease-purchase
 1141         agreement; limiting the authority’s authority to enter
 1142         into a lease-purchase agreement; limiting the use of
 1143         certain toll-revenues; providing exceptions; removing
 1144         the requirement that the route of a project must be
 1145         approved by a municipality before the right-of-way can
 1146         be acquired; requiring that the authority encourage
 1147         the inclusion of local-, small-, minority-, and women
 1148         owned businesses in its procurement and contracting
 1149         opportunities; removing the authority and criteria for
 1150         an authority to waive payment and performance bonds
 1151         for certain public works projects that are awarded
 1152         pursuant to an economic development program;
 1153         conforming terminology and making technical changes;
 1154         amending ss. 348.7543, 348.7544, 348.7545, 348.7546,
 1155         348.7547, 348.755, and 348.756, F.S.; conforming
 1156         terminology and making technical changes; amending s.
 1157         348.757, F.S.; providing that upon termination of the
 1158         lease-purchase agreement of the former Orlando-Orange
 1159         County Expressway System, title in fee simple to the
 1160         system will be retained by the authority; conforming
 1161         terminology and making technical changes; amending ss.
 1162         348.758, 348.759, 348.760, 348.761, 348.765, and
 1163         369.317, F.S.; conforming terminology and making
 1164         technical changes; amending s. 369.324, F.S.; revising
 1165         the membership of the Wekiva River Basin Commission;
 1166         conforming terminology; providing criteria for the
 1167         transfer of the Osceola County Expressway System to
 1168         the Central Florida Expressway Authority; providing
 1169         for the repeal of part V of ch. 348, F.S., when the
 1170         Osceola County Expressway System is transferred to the
 1171         Central Florida Expressway Authority; requiring the
 1172         Central Florida Expressway Authority to reimburse
 1173         other governmental entities for obligations related to
 1174         the Osceola County Expressway System; providing for
 1175         reimbursement after payment of other obligations;
 1176         providing an effective