Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 230
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 3/AD/2R         .                                
             03/20/2014 02:44 PM       .                                

    1         Senate Amendment (with title amendment)
    3         Delete lines 1144 - 1330
    4  and insert:
    5  Plan. The authority’s expressway system shall be limited to the
    6  Poinciana Parkway, as it is described in the Osceola County
    7  Expressway Authority May 8, 2012, Master Plan, together with
    8  such changes, modifications, or revisions of the project that
    9  are deemed desirable and proper. The authority, however, may not
   10  extend the Poinciana Parkway beyond the project limits described
   11  in the Osceola County Expressway Authority May 8, 2012, Master
   12  Plan. In implementing this act, the authority shall institute
   13  procedures to encourage the awarding of contracts for
   14  professional services and construction to certified minority
   15  business enterprises as defined in s. 288.703. The authority
   16  shall develop and implement activities to encourage the
   17  participation of certified minority business enterprises in the
   18  contracting process.
   19         Section 19. Subsections (6) and (7) of section 369.317,
   20  Florida Statutes, are amended to read:
   21         369.317 Wekiva Parkway.—
   22         (6) The Central Florida Orlando-Orange County Expressway
   23  Authority is hereby granted the authority to act as a third
   24  party acquisition agent, pursuant to s. 259.041 on behalf of the
   25  Board of Trustees or chapter 373 on behalf of the governing
   26  board of the St. Johns River Water Management District, for the
   27  acquisition of all necessary lands, property and all interests
   28  in property identified herein, including fee simple or less
   29  than-fee simple interests. The lands subject to this authority
   30  are identified in paragraph 10.a., State of Florida, Office of
   31  the Governor, Executive Order 03-112 of July 1, 2003, and in
   32  Recommendation 16 of the Wekiva Basin Area Task Force created by
   33  Executive Order 2002-259, such lands otherwise known as
   34  Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
   35  Lake Counties within Sections 27, 28, 33, and 34 of Township 19
   36  South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
   37  South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
   38  parcel located in Lake County within Section 37, Township 19
   39  South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
   40  Lake County within Sections 23, 25, 26, 35, and 36, Township 19
   41  South, Range 28 East; Pine Plantation, a 617+/-acre tract
   42  consisting of eight individual parcels within the Apopka City
   43  limits. The Department of Transportation, the Department of
   44  Environmental Protection, the St. Johns River Water Management
   45  District, and other land acquisition entities shall participate
   46  and cooperate in providing information and support to the third
   47  party acquisition agent. The land acquisition process authorized
   48  by this paragraph shall begin no later than December 31, 2004.
   49  Acquisition of the properties identified as Neighborhood Lakes,
   50  Pine Plantation, and New Garden Coal, or approval as a
   51  mitigation bank shall be concluded no later than December 31,
   52  2010. Department of Transportation and Central Florida Orlando
   53  Orange County Expressway Authority funds expended to purchase an
   54  interest in those lands identified in this subsection shall be
   55  eligible as environmental mitigation for road construction
   56  related impacts in the Wekiva Study Area. If any of the lands
   57  identified in this subsection are used as environmental
   58  mitigation for road-construction-related impacts incurred by the
   59  Department of Transportation or Central Florida Orlando-Orange
   60  County Expressway Authority, or for other impacts incurred by
   61  other entities, within the Wekiva Study Area or within the
   62  Wekiva parkway alignment corridor, and if the mitigation offsets
   63  these impacts, the St. Johns River Water Management District and
   64  the Department of Environmental Protection shall consider the
   65  activity regulated under part IV of chapter 373 to meet the
   66  cumulative impact requirements of s. 373.414(8)(a).
   67         (a) Acquisition of the land described in this section is
   68  required to provide right-of-way for the Wekiva Parkway, a
   69  limited access roadway linking State Road 429 to Interstate 4,
   70  an essential component in meeting regional transportation needs
   71  to provide regional connectivity, improve safety, accommodate
   72  projected population and economic growth, and satisfy critical
   73  transportation requirements caused by increased traffic volume
   74  growth and travel demands.
   75         (b) Acquisition of the lands described in this section is
   76  also required to protect the surface water and groundwater
   77  resources of Lake, Orange, and Seminole counties, otherwise
   78  known as the Wekiva Study Area, including recharge within the
   79  springshed that provides for the Wekiva River system. Protection
   80  of this area is crucial to the long term viability of the Wekiva
   81  River and springs and the central Florida region’s water supply.
   82  Acquisition of the lands described in this section is also
   83  necessary to alleviate pressure from growth and development
   84  affecting the surface and groundwater resources within the
   85  recharge area.
   86         (c) Lands acquired pursuant to this section that are needed
   87  for transportation facilities for the Wekiva Parkway shall be
   88  determined not necessary for conservation purposes pursuant to
   89  ss. 253.034(6) and 373.089(5) and shall be transferred to or
   90  retained by the Central Florida Orlando-Orange County Expressway
   91  Authority or the Department of Transportation upon reimbursement
   92  of the full purchase price and acquisition costs.
   93         (7) The Department of Transportation, the Department of
   94  Environmental Protection, the St. Johns River Water Management
   95  District, Central Florida Orlando-Orange County Expressway
   96  Authority, and other land acquisition entities shall cooperate
   97  and establish funding responsibilities and partnerships by
   98  agreement to the extent funds are available to the various
   99  entities. Properties acquired with Florida Forever funds shall
  100  be in accordance with s. 259.041 or chapter 373. The Central
  101  Florida Orlando-Orange County Expressway Authority shall acquire
  102  land in accordance with this section of law to the extent funds
  103  are available from the various funding partners, but shall not
  104  be required nor assumed to fund the land acquisition beyond the
  105  agreement and funding provided by the various land acquisition
  106  entities.
  107         Section 20. Subsection (1) of section 369.324, Florida
  108  Statutes, is amended to read:
  109         369.324 Wekiva River Basin Commission.—
  110         (1) The Wekiva River Basin Commission is created to monitor
  111  and ensure the implementation of the recommendations of the
  112  Wekiva River Basin Coordinating Committee for the Wekiva Study
  113  Area. The East Central Florida Regional Planning Council shall
  114  provide staff support to the commission with funding assistance
  115  from the Department of Economic Opportunity. The commission
  116  shall be comprised of a total of 18 19 members appointed by the
  117  Governor, 9 of whom shall be voting members and 9 10 shall be ad
  118  hoc nonvoting members. The voting members shall include:
  119         (a) One member of each of the Boards of County
  120  Commissioners for Lake, Orange, and Seminole Counties.
  121         (b) One municipal elected official to serve as a
  122  representative of the municipalities located within the Wekiva
  123  Study Area of Lake County.
  124         (c) One municipal elected official to serve as a
  125  representative of the municipalities located within the Wekiva
  126  Study Area of Orange County.
  127         (d) One municipal elected official to serve as a
  128  representative of the municipalities located within the Wekiva
  129  Study Area of Seminole County.
  130         (e) One citizen representing an environmental or
  131  conservation organization, one citizen representing a local
  132  property owner, a land developer, or an agricultural entity, and
  133  one at-large citizen who shall serve as chair of the council.
  134         (f) The ad hoc nonvoting members shall include one
  135  representative from each of the following entities:
  136         1. St. Johns River Management District.
  137         2. Department of Economic Opportunity.
  138         3. Department of Environmental Protection.
  139         4. Department of Health.
  140         5. Department of Agriculture and Consumer Services.
  141         6. Fish and Wildlife Conservation Commission.
  142         7. Department of Transportation.
  143         8. MetroPlan Orlando.
  144         9. Central Florida Orlando-Orange County Expressway
  145  Authority.
  146         10. Seminole County Expressway Authority.
  147         Section 21. (1) While the governing body of the authority,
  148  upon the effective date of this act, has one or more members
  149  from Osceola County as provided in s. 348.753(3), Florida
  150  Statutes, and the authority has the purposes and powers
  151  described in s. 348.754, Florida Statutes, regarding Osceola
  152  County, the Osceola County Expressway Authority shall continue
  153  for the duration permitted in this section solely for the
  154  purpose of planning and construction of the Poinciana Parkway,
  155  which facility is owned by Osceola County and leased to the
  156  Osceola County Expressway Authority, as provided and permitted
  157  in this subsection. Upon the earlier of December 31, 2016, or
  158  the completion of construction of the Poinciana Parkway, a
  159  limited access facility of approximately 9 miles in length in
  160  Osceola County with its northwestern terminus at the
  161  intersection of County Road 54 and US 17/US 92 and its
  162  southeastern terminus at the current intersection of
  163  Rhododendron and Cypress Parkway, described in the Osceola
  164  County Expressway Authority May 8, 2012, Master Plan, all
  165  powers, governance, and control of the Osceola County Expressway
  166  System, created pursuant to part V, chapter 348, Florida
  167  Statutes, are transferred to the Central Florida Expressway
  168  Authority, and the assets; liabilities; facilities; tangible and
  169  intangible property, and any rights in such property; any rights
  170  in or benefits of contract; and any other legal rights and
  171  obligations of the Osceola County Expressway Authority are
  172  transferred to the Central Florida Expressway Authority. Part V
  173  of chapter 348, Florida Statutes, consisting of ss. 348.9950
  174  348.9961, is repealed on the same date that the Osceola County
  175  Expressway System is transferred to the Central Florida
  176  Expressway Authority.
  177         (2) The Central Florida Expressway Authority shall comply
  178  with any and all obligations of any other governmental entities
  179  incurred on behalf of the Osceola County Expressway System,
  180  excluding any obligations of Osceola County with respect to
  181  acquisition, development, construction, operations, and
  182  maintenance of the Poinciana Parkway, and excluding any payment
  183  or other obligations of Osceola County under any bonds issued or
  184  other debt originally incurred by Osceola County or the Osceola
  185  County Expressway Authority for the purpose of financing the
  186  planning or construction of the Poinciana Parkway, which shall
  187  remain the obligations of Osceola County. Payment obligations
  188  transferred to the Central Florida Expressway Authority shall be
  189  made from revenues available for such purpose after payment of
  190  all amounts required:
  192  ================= T I T L E  A M E N D M E N T ================
  193  And the title is amended as follows:
  194         Delete line 83
  195  and insert:
  196         System; excluding certain obligations and payments of
  197         Osceola County regarding the Poinciana Parkway;
  198         providing for reimbursement after payment of