CS for CS for SB 230                             First Engrossed
       
       
       
       
       
       
       
       
       2014230e1
       
    1                        A bill to be entitled                      
    2         An act relating to the Orlando-Orange County
    3         Expressway Authority; amending ss. 348.751 and
    4         348.752, F.S.; renaming the Orlando-Orange County
    5         Expressway System as the “Central Florida Expressway
    6         System”; revising definitions; making technical
    7         changes; amending s. 348.753, F.S.; creating the
    8         Central Florida Expressway Authority; providing for
    9         the transfer of governance and control, legal rights
   10         and powers, responsibilities, terms, and obligations
   11         to the authority; providing conditions for the
   12         transfer; revising the composition of the governing
   13         body of the authority; providing for appointment of
   14         officers of the authority and for the expiration of
   15         terms of standing board members; revising quorum and
   16         voting requirements; conforming terminology and making
   17         technical changes; prohibiting a member or the
   18         executive director of the authority from personally
   19         representing certain persons or entities for a
   20         specified time period; prohibiting a retired or
   21         terminated member or executive director of the
   22         authority from contracting with a business entity
   23         under certain circumstances; requiring authority board
   24         members, employees, and consultants to make certain
   25         annual disclosures; requiring an ethics officer to
   26         review such disclosures; requiring the authority code
   27         of ethics to include a conflict of interest process;
   28         prohibiting authority employees and consultants from
   29         serving on the board during their employment or
   30         contract period; requiring the code of ethics to be
   31         reviewed and updated at least every 2 years; requiring
   32         employees to participate in ongoing ethics education;
   33         providing penalties; amending s. 348.754, F.S.;
   34         providing that the area served by the authority is
   35         within the geopolitical boundaries of Orange,
   36         Seminole, Lake, and Osceola Counties; requiring the
   37         authority to have prior consent from the Secretary of
   38         the Department of Transportation to construct an
   39         extension, addition, or improvement to the expressway
   40         system in Lake County; extending, to 99 years from 40
   41         years, the term of a lease-purchase agreement;
   42         limiting the authority’s authority to enter into a
   43         lease-purchase agreement; limiting the use of certain
   44         toll-revenues; providing exceptions; removing the
   45         requirement that the route of a project must be
   46         approved by a municipality before the right-of-way can
   47         be acquired; requiring that the authority encourage
   48         the inclusion of local-, small-, minority-, and women
   49         owned businesses in its procurement and contracting
   50         opportunities; removing the authority and criteria for
   51         an authority to waive payment and performance bonds
   52         for certain public works projects that are awarded
   53         pursuant to an economic development program;
   54         conforming terminology and making technical changes;
   55         amending ss. 348.7543, 348.7544, 348.7545, 348.7546,
   56         348.7547, 348.755, and 348.756, F.S.; conforming
   57         terminology and making technical changes; amending s.
   58         348.757, F.S.; providing that upon termination of the
   59         lease-purchase agreement of the former Orlando-Orange
   60         County Expressway System, title in fee simple to the
   61         former system shall be transferred to the state;
   62         conforming terminology and making technical changes;
   63         amending ss. 348.758, 348.759, 348.760, 348.761, and
   64         348.765, F.S.; conforming terminology and making
   65         technical changes; amending s. 348.9953, F.S.;
   66         limiting the purpose and powers of the Osceola County
   67         Expressway Authority; providing for the termination of
   68         the Osceola County Expressway Authority by a specified
   69         time period; prohibiting the authority from extending
   70         the Poinciana Parkway beyond a specified limit;
   71         amending s. 369.317, F.S.; conforming terminology and
   72         making technical changes; amending s. 369.324, F.S.;
   73         revising the membership of the Wekiva River Basin
   74         Commission; conforming terminology; providing criteria
   75         for the transfer of the Osceola County Expressway
   76         System to the Central Florida Expressway Authority;
   77         providing for the repeal of part V of ch. 348, F.S.,
   78         when the Osceola County Expressway System is
   79         transferred to the Central Florida Expressway
   80         Authority; requiring the Central Florida Expressway
   81         Authority to reimburse other governmental entities for
   82         obligations related to the Osceola County Expressway
   83         System; excluding certain obligations and payments of
   84         Osceola County regarding the Poinciana Parkway;
   85         providing for reimbursement after payment of other
   86         obligations; providing a directive to the Division of
   87         Law Revision and Information; providing an effective
   88         date.
   89          
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Section 348.751, Florida Statutes, is amended to
   93  read:
   94         348.751 Short title.—This part shall be known and may be
   95  cited as the “Central Florida Orlando-Orange County Expressway
   96  Authority Law.”
   97         Section 2. Section 348.752, Florida Statutes, is amended to
   98  read:
   99         348.752 Definitions.—As used in this part The following
  100  terms, whenever used or referred to in this law, shall have the
  101  following meanings, except in those instances where the context
  102  clearly indicates otherwise:
  103         (1) The term “agency of the state” means and includes the
  104  state and any department of, or corporation, agency, or
  105  instrumentality heretofore or hereafter created, designated, or
  106  established by, the state.
  107         (2) The term “authority” means the body politic and
  108  corporate, and agency of the state created by this part.
  109         (3) The term “bonds” means and includes the notes, bonds,
  110  refunding bonds, or other evidences of indebtedness or
  111  obligations, in either temporary or definitive form, which the
  112  authority is authorized to issue pursuant to this part.
  113         (4) The term “Central Florida Expressway Authority” means
  114  the body politic and corporate, and agency of the state created
  115  by this part.
  116         (5) The term “Central Florida Expressway System” means any
  117  expressway and appurtenant facilities, including all approaches,
  118  roads, bridges, and avenues for the expressway and any rapid
  119  transit, trams, or fixed guideways located within the right-of
  120  way of an expressway.
  121         (4) The term “city” means the City of Orlando.
  122         (5) The term “county” means the County of Orange.
  123         (6) The term “department” means the Department of
  124  Transportation existing under chapters 334-339.
  125         (7) The term “expressway” has the same meaning is the same
  126  as limited access expressway.
  127         (8) The term “federal agency” means and includes the United
  128  States, the President of the United States, and any department
  129  of, or corporation, agency, or instrumentality heretofore or
  130  hereafter created, designated, or established by, the United
  131  States.
  132         (9) The term “lease-purchase agreement” means the lease
  133  purchase agreements that which the authority is authorized
  134  pursuant to this part to enter into with the Department of
  135  Transportation pursuant to this part.
  136         (10) The term “limited access expressway” means a street or
  137  highway specifically especially designed for through traffic,
  138  and over, from, or to which, a no person does not shall have the
  139  right of easement, use, or access except in accordance with the
  140  rules of and regulations promulgated and established by the
  141  authority governing its use for the use of such facility. Such
  142  highways or streets may be parkways that do not allow traffic
  143  by, from which trucks, buses, and other commercial vehicles
  144  shall be excluded, or they may be freeways open to use by all
  145  customary forms of street and highway traffic.
  146         (11) The term “members” means the governing body of the
  147  authority, and the term “member” means an individual who serves
  148  on the one of the individuals constituting such governing body
  149  of the authority.
  150         (12) The term “Orange County gasoline tax funds” means all
  151  the revenue derived from the 80-percent surplus gasoline tax
  152  funds accruing in each year to the Department of Transportation
  153  for use in Orange County under the provisions of s. 9, Art. XII
  154  of the State Constitution, after deducting deduction only of any
  155  amounts of said gasoline tax funds previously heretofore pledged
  156  by the department or the county for outstanding obligations.
  157         (13) The term “Orlando-Orange County Expressway System”
  158  means any and all expressways and appurtenant facilities
  159  thereto, including, but not limited to, all approaches, roads,
  160  bridges, and avenues of access for said expressway or
  161  expressways.
  162         (13)(14) The term “State Board of Administration” means the
  163  body corporate existing under the provisions of s. 4, Art. IV of
  164  the State Constitution, or any successor thereto.
  165         (14) The term “transportation facilities” means and
  166  includes the mobile and fixed assets, and the associated real or
  167  personal property or rights, used in the transportation of
  168  persons or property by any means of conveyance, and all
  169  appurtenances, such as, but not limited to, highways; limited or
  170  controlled access lanes, avenues of access, and facilities;
  171  vehicles; fixed guideway facilities, including maintenance
  172  facilities; and administrative and other office space for the
  173  exercise by the authority of the powers and obligations granted
  174  in this part.
  175         (15) Words importing singular number include the plural
  176  number in each case and vice versa, and words importing persons
  177  include firms and corporations.
  178         Section 3. Section 348.753, Florida Statutes, is amended to
  179  read:
  180         348.753 Central Florida Orlando-Orange County Expressway
  181  Authority.—
  182         (1) There is hereby created and established a body politic
  183  and corporate, an agency of the state, to be known as the
  184  Central Florida Orlando-Orange County Expressway Authority.,
  185  hereinafter referred to as “authority.”
  186         (2)(a)Immediately upon the effective date of this act, the
  187  Central Florida Expressway Authority shall assume the governance
  188  and control of the Orlando-Orange County Expressway Authority
  189  System, including its assets, personnel, contracts, obligations,
  190  liabilities, facilities, and tangible and intangible property.
  191  Any rights in such property, and other legal rights of the
  192  authority, are transferred to the Central Florida Expressway
  193  Authority. The Central Florida Expressway Authority shall
  194  immediately succeed to and assume the powers, responsibilities,
  195  and obligations of the Orlando-Orange County Expressway
  196  Authority.
  197         (b)The transfer pursuant to this subsection is subject to
  198  the terms and covenants provided for the protection of the
  199  holders of the Orlando-Orange County Expressway Authority bonds
  200  in the lease-purchase agreement and the resolutions adopted in
  201  connection with the issuance of the bonds. Further, the transfer
  202  does not impair the terms of the contract between the Orlando
  203  Orange County Expressway Authority and the bondholders, does not
  204  act to the detriment of the bondholders, and does not diminish
  205  the security for the bonds. After the transfer, the Central
  206  Florida Expressway Authority shall operate and maintain the
  207  expressway system and any other facilities of the Orlando-Orange
  208  County Expressway Authority in accordance with the terms,
  209  conditions, and covenants contained in the bond resolutions and
  210  lease-purchase agreement securing the bonds of the authority.
  211  The Central Florida Expressway Authority shall collect toll
  212  revenues and apply them to the payment of debt service as
  213  provided in the bond resolution securing the bonds, and shall
  214  expressly assume all obligations relating to the bonds to ensure
  215  that the transfer will have no adverse impact on the security
  216  for the bonds. The transfer does not make the obligation to pay
  217  the principal and interest on the bonds a general liability of
  218  the Central Florida Expressway Authority or pledge additional
  219  expressway system revenues to payment of the bonds. Revenues
  220  that are generated by the expressway system and other facilities
  221  of the Central Florida Expressway Authority which were pledged
  222  by the Orlando-Orange County Expressway Authority to payment of
  223  the bonds will remain subject to the pledge for the benefit of
  224  the bondholders. The transfer does not modify or eliminate any
  225  prior obligation of the department to pay certain costs of the
  226  expressway system from sources other than revenues of the
  227  expressway system.
  228         (3)(2) The governing body of the authority shall consist of
  229  nine five members. The chairs of the boards of the county
  230  commissions of Seminole, Lake, and Osceola Counties shall each
  231  appoint one member, who may be a commission member or chair. The
  232  Mayor of Orange County shall appoint a member from the Orange
  233  County Commission. The Governor shall appoint three citizen
  234  members. Of the Governor’s appointments, two Three members must
  235  shall be citizens of Orange County and one member must be a
  236  citizen of either Seminole County, Lake County, or Osceola
  237  County, who shall be appointed by the Governor. The eighth
  238  fourth member must shall be, ex officio, the Mayor of chair of
  239  the County Commissioners of Orange County. The ninth member must
  240  be the Mayor of the City of Orlando. The executive director of
  241  Florida Turnpike Enterprise shall serve as a nonvoting advisor
  242  to the governing body of the authority, and the fifth member
  243  shall be, ex officio, the district secretary of the Department
  244  of Transportation serving in the district that contains Orange
  245  County. The term of Each appointed member appointed by the
  246  Governor shall serve be for 4 years. Each county-appointed
  247  member shall serve for 2 years. The terms of standing board
  248  members expire upon the effective date of this act. Each
  249  appointed member shall hold office until his or her successor
  250  has been appointed and has qualified. A vacancy occurring during
  251  a term must shall be filled only for the balance of the
  252  unexpired term. Each appointed member of the authority shall be
  253  a person of outstanding reputation for integrity,
  254  responsibility, and business ability, but, except as provided in
  255  this subsection, a no person who is an officer or employee of a
  256  municipality or any city or of Orange county may not in any
  257  other capacity shall be an appointed member of the authority.
  258  Any member of the authority is shall be eligible for
  259  reappointment.
  260         (4)(3)(a) The authority shall elect one of its members as
  261  chair of the authority. The authority shall also elect one of
  262  its members as vice chair, one of its members as a secretary,
  263  and one of its members as a treasurer who may or may not be
  264  members of the authority. The chair, vice chair, secretary, and
  265  treasurer shall hold such offices at the will of the authority.
  266  Five Three members of the authority shall constitute a quorum,
  267  and the vote of five three members is shall be necessary for any
  268  action taken by the authority. A No vacancy in the authority
  269  does not shall impair the right of a quorum of the authority to
  270  exercise all of the rights and perform all of the duties of the
  271  authority.
  272         (b) Upon the effective date of his or her appointment, or
  273  as soon thereafter as practicable, each appointed member of the
  274  authority shall enter upon his or her duties. Members of the
  275  authority may be removed from office by the Governor for
  276  misconduct, malfeasance, misfeasance, or nonfeasance in office.
  277         (c) Members of the authority are entitled to receive
  278  reimbursement from the authority for travel and other necessary
  279  expenses incurred in connection with the business of the
  280  authority as provided in s. 112.061, but may not draw salaries
  281  or other compensation.
  282         (5)(4)(a) The authority may employ an executive secretary,
  283  an executive director, its own counsel and legal staff,
  284  technical experts, and the such engineers, and such employees
  285  that, permanent or temporary, as it requires. The authority may
  286  require and may determine the qualifications and fix the
  287  compensation of such persons, firms, or corporations, and may
  288  employ a fiscal agent or agents;, provided, however, that the
  289  authority shall solicit sealed proposals from at least three
  290  persons, firms, or corporations for the performance of any
  291  services as fiscal agents. The authority may delegate to one or
  292  more of its agents or employees the such of its power as it
  293  deems shall deem necessary to carry out the purposes of this
  294  part, subject always to the supervision and control of the
  295  authority. Members of the authority may be removed from their
  296  office by the Governor for misconduct, malfeasance, misfeasance,
  297  or nonfeasance in office.
  298         (b) Members of the authority shall be entitled to receive
  299  from the authority their travel and other necessary expenses
  300  incurred in connection with the business of the authority as
  301  provided in s. 112.061, but they shall draw no salaries or other
  302  compensation.
  303         (6) A member or the executive director of the authority may
  304  not:
  305         (a) Personally represent another person or entity for
  306  compensation before the authority for a period of 2 years
  307  following vacation of his or her position.
  308         (b) After retirement or termination, have an employment or
  309  contractual relationship with a business entity other than an
  310  agency as defined in s. 112.312, in connection with a contract
  311  in which the member or executive director personally and
  312  substantially participated in through decision, approval,
  313  disapproval, recommendation, rendering of advice, or
  314  investigation while he or she was a member or employee of the
  315  authority.
  316         (7) The authority’s general counsel shall serve as the
  317  authority’s ethics officer.
  318         (8) Authority board members, employees, and consultants who
  319  hold positions that may influence authority decisions shall
  320  refrain from engaging in any relationship that may adversely
  321  affect their judgment in carrying out authority business. To
  322  prevent such conflicts of interest and preserve the integrity
  323  and transparency of the authority to the public, the following
  324  disclosures must be made annually on a disclosure form:
  325         (a) Any relationship a board member, employee, or
  326  consultant has which affords a current or future financial
  327  benefit to such board member, employee, or consultant, or to a
  328  relative or business associate of such board member, employee,
  329  or consultant, and which a reasonable person would conclude has
  330  the potential to create a prohibited conflict of interest. As
  331  used in this subsection, the term “relative” has the same
  332  meaning as in s. 112.312.
  333         (b) Whether a relative of a board member, employee, or
  334  consultant is a registered lobbyist, and if so, the names of the
  335  lobbyist’s clients. Such names shall be provided in writing to
  336  the ethics officer.
  337         (c) Any and all interests in real property that a board
  338  member, employee, or consultant has, or that a relative,
  339  principal, client, or business associate of such board member,
  340  employee, or consultant has, if such real property is located
  341  within, or within a one-half mile radius of, any actual or
  342  prospective authority roadway project. The executive director
  343  shall provide a corridor map and a property ownership list
  344  reflecting the ownership of all real property within the
  345  disclosure area, or an alignment map with a list of associated
  346  owners, to all board members, employees, and consultants.
  347         (9) The disclosure forms required under subsection (9) must
  348  be reviewed by the ethics officer or, if a form is filed by the
  349  general counsel, by the executive director.
  350         (10) The conflict of interest process shall be outlined in
  351  the authority’s code of ethics.
  352         (11) Authority employees and consultants are prohibited
  353  from serving on the governing body of the authority while
  354  employed by or under contract with the authority.
  355         (12) The code of ethics policy shall be reviewed and
  356  updated by the ethics officer and presented for board approval
  357  at a minimum of once every 2 years.
  358         (13) Employees shall be adequately informed and trained on
  359  the code of ethics and shall continually participate in ongoing
  360  ethics education.
  361         (14) The requirements in subsections (6) through (14) are
  362  in addition to the requirements that the members and the
  363  executive director of the authority are required to follow under
  364  chapter 112.
  365         (15) Violations of subsections (6), (8), and (11) are
  366  punishable in accordance with s. 112.317.
  367         Section 4.  Section 348.754, Florida Statutes, is amended
  368  to read:
  369         348.754 Purposes and powers.—
  370         (1)(a) The authority created and established under by the
  371  provisions of this part is hereby granted and has shall have the
  372  right to acquire, hold, construct, improve, maintain, operate,
  373  own, and lease in the capacity of lessor, the Central Florida
  374  Orlando-Orange County Expressway System, hereinafter referred to
  375  as “system.” Except as otherwise specifically provided by law,
  376  including paragraph (2)(n), the area served by the authority
  377  shall be within the geographical boundaries of Orange, Seminole,
  378  Lake, and Osceola Counties.
  379         (b) It is the express intention of this part that said
  380  authority, In the construction of the Central Florida said
  381  Orlando-Orange County Expressway System, the authority may shall
  382  be authorized to construct any extensions, additions, or
  383  improvements to the said system or appurtenant facilities,
  384  including all necessary approaches, roads, bridges, and avenues
  385  of access, rapid transit, trams, fixed guideways, thoroughfares,
  386  and boulevards with any such changes, modifications, or
  387  revisions of the said project which are as shall be deemed
  388  desirable and proper.
  389         (c)Notwithstanding any other provision of this section to
  390  the contrary, to ensure the continued financial feasibility of
  391  the portion of the Wekiva Parkway to be constructed by the
  392  department, the authority may not, without the prior consent of
  393  the secretary of the department, construct any extensions,
  394  additions, or improvements to the expressway system in Lake
  395  County.
  396         (2) The authority is hereby granted, and shall have and may
  397  exercise all powers necessary, appurtenant, convenient, or
  398  incidental to the implementation carrying out of the stated
  399  aforesaid purposes, including, but not without being limited to,
  400  the following rights and powers:
  401         (a) To sue and be sued, implead and be impleaded, complain
  402  and defend in all courts.
  403         (b) To adopt, use, and alter at will a corporate seal.
  404         (c) To acquire by donation or otherwise, purchase, hold,
  405  lease as lessee, and use any franchise or any, property, real,
  406  personal, or mixed, or tangible or intangible, or any options
  407  thereof in its own name or in conjunction with others, or
  408  interest in those options therein, necessary or desirable to
  409  carry for carrying out the purposes of the authority, and to
  410  sell, lease as lessor, transfer, and dispose of any property or
  411  interest in the property therein at any time acquired by it.
  412         (d) To enter into and make leases for terms not exceeding
  413  99 years, as either lessee or lessor, in order to carry out the
  414  right to lease as specified set forth in this part.
  415         (e) To enter into and make lease-purchase agreements with
  416  the department for terms not exceeding 99 40 years, or until any
  417  bonds secured by a pledge of rentals pursuant to the agreement
  418  thereunder, and any refundings pursuant to the agreement
  419  thereof, are fully paid as to both principal and interest,
  420  whichever is longer. The authority is a party to a lease
  421  purchase agreement between the department and the authority
  422  dated December 23, 1985, as supplemented by a first supplement
  423  to the lease-purchase agreement dated November 25, 1986, and a
  424  second supplement to the lease-purchase agreement dated October
  425  27, 1988. The authority may not enter into other lease-purchase
  426  agreements with the department and may not amend the existing
  427  agreement in a manner that expands or increases the department’s
  428  obligations unless the department determines that the agreement
  429  or amendment is necessary to permit the refunding of bonds
  430  issued before July 1, 2013.
  431         (f) To fix, alter, charge, establish, and collect rates,
  432  fees, rentals, and other charges for the services and facilities
  433  of the Central Florida Orlando-Orange County Expressway System,
  434  which must rates, fees, rentals and other charges shall always
  435  be sufficient to comply with any covenants made with the holders
  436  of any bonds issued pursuant to this part; provided, however,
  437  that such right and power may be assigned or delegated, by the
  438  authority, to the department. Toll revenues attributable to an
  439  increase in the toll rates charged on or after the effective
  440  date of this act for the use of a portion of the system may not
  441  be used to construct or expand a different portion of the system
  442  unless a two-thirds majority of the members of the authority
  443  votes to approve such use. This requirement does not apply if,
  444  and to the extent that:
  445         1. Application of the requirement would violate any
  446  covenant established in a resolution or trust indenture under
  447  which bonds were issued by the Orlando-Orange County Expressway
  448  Authority on or before the effective date of this act; or
  449         2. Application of the requirement would cause the authority
  450  to be unable to meet its obligations under the terms of the
  451  memorandum of understanding between the authority and the
  452  department as ratified by the Orlando-Orange County Expressway
  453  Authority board on February 22, 2012.
  454  
  455  Notwithstanding s. 338.165, and except as otherwise prohibited
  456  by this part, to the extent revenues of the expressway system
  457  exceed amounts required to comply with any covenants made with
  458  the holders of bonds issued pursuant to this part, revenues may
  459  be used for purposes enumerated in subsection (6), provided the
  460  expenditures are consistent with the metropolitan planning
  461  organization’s adopted long-range plan.
  462         (g) To borrow money, make and issue negotiable notes,
  463  bonds, refunding bonds, and other evidences of indebtedness or
  464  obligations, either in temporary or definitive form, hereinafter
  465  in this chapter sometimes called “bonds” of the authority, for
  466  the purpose of financing all or part of the improvement or
  467  extension of the Central Florida Orlando-Orange County
  468  Expressway System, and appurtenant facilities, including all
  469  approaches, streets, roads, bridges, and avenues of access for
  470  the Central Florida said Orlando-Orange County Expressway System
  471  and for any other purpose authorized by this part, said bonds to
  472  mature in not exceeding 40 years from the date of the issuance
  473  thereof, and to secure the payment of such bonds or any part
  474  thereof by a pledge of any or all of its revenues, rates, fees,
  475  rentals, or other charges, including all or any portion of the
  476  Orange County gasoline tax funds received by the authority
  477  pursuant to the terms of any lease-purchase agreement between
  478  the authority and the department; and in general to provide for
  479  the security of the said bonds and the rights and remedies of
  480  the holders thereof. Provided, However, that no portion of the
  481  Orange County gasoline tax funds may shall be pledged for the
  482  construction of any project for which a toll is to be charged
  483  unless the anticipated toll is tolls are reasonably estimated by
  484  the board of county commissioners, at the date of its resolution
  485  pledging the said funds, to be sufficient to cover the principal
  486  and interest of such obligations during the period when the said
  487  pledge of funds is shall be in effect. The bonds issued under
  488  this paragraph must mature not more than 40 years after their
  489  issue date.
  490         1. The authority shall reimburse Orange County for any sums
  491  expended from the said gasoline tax funds used for the payment
  492  of such obligations. Any gasoline tax funds so disbursed must
  493  shall be repaid when the authority deems it practicable,
  494  together with interest at the highest rate applicable to any
  495  obligations of the authority.
  496         2. If, pursuant to this section, In the event the authority
  497  funds shall determine to fund or refunds refund any bonds
  498  previously theretofore issued by the said authority, or the by
  499  said commission before the bonds mature as aforesaid prior to
  500  the maturity thereof, the proceeds of such funding or refunding
  501  must bonds shall, pending the prior redemption of these the
  502  bonds to be funded or refunded, be invested in direct
  503  obligations of the United States, and it is the express
  504  intention of this part that such outstanding bonds may be funded
  505  or refunded by the issuance of bonds pursuant to this part.
  506         (h) To make contracts of every name and nature, including,
  507  but not limited to, partnerships providing for participation in
  508  ownership and revenues, and to execute all instruments necessary
  509  or convenient for conducting the carrying on of its business.
  510         (i) Notwithstanding paragraphs (a)-(h), Without limitation
  511  of the foregoing, to borrow money and accept grants from, and to
  512  enter into contracts, leases, or other transactions with any
  513  federal agency, the state, any agency of the state, the County
  514  of Orange, the City of Orlando, or with any other public body of
  515  the state.
  516         (j) To have the power of eminent domain, including the
  517  procedural powers granted under both chapters 73 and 74.
  518         (k) To pledge, hypothecate, or otherwise encumber all or
  519  any part of the revenues, rates, fees, rentals, or other charges
  520  or receipts of the authority, including all or any portion of
  521  the Orange County gasoline tax funds received by the authority
  522  pursuant to the terms of any lease-purchase agreement between
  523  the authority and the department, as security for all or any of
  524  the obligations of the authority.
  525         (l) To enter into partnership and other agreements
  526  respecting ownership and revenue participation in order to
  527  facilitate financing and constructing the Western Beltway, or
  528  portions thereof.
  529         (m) To do everything all acts and things necessary or
  530  convenient for the conduct of its business and the general
  531  welfare of the authority, in order to comply with carry out the
  532  powers granted to it by this part or any other law.
  533         (n) With the consent of the county within whose
  534  jurisdiction the following activities occur, the authority shall
  535  have the right to construct, operate, and maintain roads,
  536  bridges, avenues of access, transportation facilities,
  537  thoroughfares, and boulevards outside the jurisdictional
  538  boundaries of Orange, Seminole, Lake, and Osceola Counties
  539  County, together with the right to construct, repair, replace,
  540  operate, install, and maintain electronic toll payment systems
  541  thereon, with all necessary and incidental powers to accomplish
  542  the foregoing.
  543         (3) The authority does not shall have the no power at any
  544  time or in any manner to pledge the credit or taxing power of
  545  the state or any political subdivision or agency thereof,
  546  including any city and any county the City of Orlando and the
  547  County of Orange, nor may nor shall any of the authority’s
  548  obligations be deemed to be obligations of the state or of any
  549  political subdivision or agency thereof, nor may nor shall the
  550  state or any political subdivision or agency thereof, except the
  551  authority, be liable for the payment of the principal of or
  552  interest on such obligations.
  553         (4) Anything in this part to the contrary notwithstanding,
  554  acquisition of right-of-way for a project of the authority which
  555  is within the boundaries of any municipality in Orange County
  556  shall not be begun unless and until the route of said project
  557  within said municipality has been given prior approval by the
  558  governing body of said municipality.
  559         (4)(5) The authority has shall have no power other than by
  560  consent of an affected Orange county or any affected city, to
  561  enter into any agreement which would legally prohibit the
  562  construction of a any road by the respective county or city
  563  Orange County or by any city within Orange County.
  564         (5)The authority shall encourage the inclusion of local-,
  565  small-, minority-, and women-owned businesses in its procurement
  566  and contracting opportunities.
  567         (6)(a)The authority may, within the right-of-way of the
  568  expressway system, finance or refinance the planning, design,
  569  acquisition, construction, extension, rehabilitation, equipping,
  570  preservation, maintenance, or improvement of an intermodal
  571  facility or facilities, a multimodal corridor or corridors, or
  572  any programs or projects that will improve the levels of service
  573  on the expressway system Notwithstanding s. 255.05, the Orlando
  574  Orange County Expressway Authority may waive payment and
  575  performance bonds on construction contracts for the construction
  576  of a public building, for the prosecution and completion of a
  577  public work, or for repairs on a public building or public work
  578  that has a cost of $500,000 or less and when the project is
  579  awarded pursuant to an economic development program for the
  580  encouragement of local small businesses that has been adopted by
  581  the governing body of the Orlando-Orange County Expressway
  582  Authority pursuant to a resolution or policy.
  583         (b) The authority’s adopted criteria for participation in
  584  the economic development program for local small businesses
  585  requires that a participant:
  586         1. Be an independent business.
  587         2. Be principally domiciled in the Orange County Standard
  588  Metropolitan Statistical Area.
  589         3. Employ 25 or fewer full-time employees.
  590         4. Have gross annual sales averaging $3 million or less
  591  over the immediately preceding 3 calendar years with regard to
  592  any construction element of the program.
  593         5. Be accepted as a participant in the Orlando-Orange
  594  County Expressway Authority’s microcontracts program or such
  595  other small business program as may be hereinafter enacted by
  596  the Orlando-Orange County Expressway Authority.
  597         6. Participate in an educational curriculum or technical
  598  assistance program for business development that will assist the
  599  small business in becoming eligible for bonding.
  600         (c) The authority’s adopted procedures for waiving payment
  601  and performance bonds on projects with values not less than
  602  $200,000 and not exceeding $500,000 shall provide that payment
  603  and performance bonds may only be waived on projects that have
  604  been set aside to be competitively bid on by participants in an
  605  economic development program for local small businesses. The
  606  authority’s executive director or his or her designee shall
  607  determine whether specific construction projects are suitable
  608  for:
  609         1. Bidding under the authority’s microcontracts program by
  610  registered local small businesses; and
  611         2. Waiver of the payment and performance bond.
  612  
  613  The decision of the authority’s executive director or deputy
  614  executive director to waive the payment and performance bond
  615  shall be based upon his or her investigation and conclusion that
  616  there exists sufficient competition so that the authority
  617  receives a fair price and does not undertake any unusual risk
  618  with respect to such project.
  619         (d) For any contract for which a payment and performance
  620  bond has been waived pursuant to the authority set forth in this
  621  section, the Orlando-Orange County Expressway Authority shall
  622  pay all persons defined in s. 713.01 who furnish labor,
  623  services, or materials for the prosecution of the work provided
  624  for in the contract to the same extent and upon the same
  625  conditions that a surety on the payment bond under s. 255.05
  626  would have been obligated to pay such persons if the payment and
  627  performance bond had not been waived. The authority shall record
  628  notice of this obligation in the manner and location that surety
  629  bonds are recorded. The notice shall include the information
  630  describing the contract that s. 255.05(1) requires be stated on
  631  the front page of the bond. Notwithstanding that s. 255.05(9)
  632  generally applies when a performance and payment bond is
  633  required, s. 255.05(9) shall apply under this subsection to any
  634  contract on which performance or payment bonds are waived and
  635  any claim to payment under this subsection shall be treated as a
  636  contract claim pursuant to s. 255.05(9).
  637         (e) A small business that has been the successful bidder on
  638  six projects for which the payment and performance bond was
  639  waived by the authority pursuant to paragraph (a) shall be
  640  ineligible to bid on additional projects for which the payment
  641  and performance bond is to be waived. The local small business
  642  may continue to participate in other elements of the economic
  643  development program for local small businesses as long as it is
  644  eligible.
  645         (f) The authority shall conduct bond eligibility training
  646  for businesses qualifying for bond waiver under this subsection
  647  to encourage and promote bond eligibility for such businesses.
  648         (g) The authority shall prepare a biennial report on the
  649  activities undertaken pursuant to this subsection to be
  650  submitted to the Orange County legislative delegation. The
  651  initial report shall be due December 31, 2010.
  652         Section 5. Section 348.7543, Florida Statutes, is amended
  653  to read:
  654         348.7543 Improvements, bond financing authority for.
  655  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  656  Legislature hereby approves for bond financing by the Central
  657  Florida Orlando-Orange County Expressway Authority improvements
  658  to toll collection facilities, interchanges to the legislatively
  659  approved expressway system, and any other facility appurtenant,
  660  necessary, or incidental to the approved system. Subject to
  661  terms and conditions of applicable revenue bond resolutions and
  662  covenants, such costs may be financed in whole or in part by
  663  revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether
  664  currently issued or issued in the future, or by a combination of
  665  such bonds.
  666         Section 6. Section 348.7544, Florida Statutes, is amended
  667  to read:
  668         348.7544 Northwest Beltway Part A, construction authorized;
  669  financing.—Notwithstanding s. 338.2275, the Central Florida
  670  Orlando-Orange County Expressway Authority may is hereby
  671  authorized to construct, finance, operate, own, and maintain
  672  that portion of the Western Beltway known as the Northwest
  673  Beltway Part A, extending from Florida’s Turnpike near Ocoee
  674  north to U.S. 441 near Apopka, as part of the authority’s 20
  675  year capital projects plan. This project may be financed with
  676  any funds available to the authority for such purpose or revenue
  677  bonds issued by the Division of Bond Finance of the State Board
  678  of Administration on behalf of the authority pursuant to s. 11,
  679  Art. VII of the State Constitution and the State Bond Act, ss.
  680  215.57-215.83.
  681         Section 7. Section 348.7545, Florida Statutes, is amended
  682  to read:
  683         348.7545 Western Beltway Part C, construction authorized;
  684  financing.—Notwithstanding s. 338.2275, the Central Florida
  685  Orlando-Orange County Expressway Authority may is authorized to
  686  exercise its condemnation powers, construct, finance, operate,
  687  own, and maintain that portion of the Western Beltway known as
  688  the Western Beltway Part C, extending from Florida’s Turnpike
  689  near Ocoee in Orange County southerly through Orange and Osceola
  690  Counties to an interchange with I-4 near the Osceola-Polk County
  691  line, as part of the authority’s 20-year capital projects plan.
  692  This project may be financed with any funds available to the
  693  authority for such purpose or revenue bonds issued by the
  694  Division of Bond Finance of the State Board of Administration on
  695  behalf of the authority pursuant to s. 11, Art. VII of the State
  696  Constitution and the State Bond Act, ss. 215.57-215.83. This
  697  project may be refinanced with bonds issued by the authority
  698  pursuant to s. 348.755(1)(d).
  699         Section 8. Section 348.7546, Florida Statutes, is amended
  700  to read:
  701         348.7546 Wekiva Parkway, construction authorized;
  702  financing.—
  703         (1) The Central Florida Orlando-Orange County Expressway
  704  Authority may is authorized to exercise its condemnation powers
  705  and to construct, finance, operate, own, and maintain those
  706  portions of the Wekiva Parkway which are identified by agreement
  707  between the authority and the department and which are included
  708  as part of the authority’s long-range capital improvement plan.
  709  The “Wekiva Parkway” means any limited access highway or
  710  expressway constructed between State Road 429 and Interstate 4
  711  specifically incorporating the corridor alignment recommended by
  712  Recommendation 2 of the Wekiva River Basin Area Task Force final
  713  report dated January 15, 2003, and the recommendations of the SR
  714  429 Working Group which were adopted January 16, 2004. This
  715  project may be financed with any funds available to the
  716  authority for such purpose or revenue bonds issued by the
  717  authority under s. 11, Art. VII of the State Constitution and s.
  718  348.755(1)(b). This section does not invalidate the exercise by
  719  the authority of its condemnation powers or the acquisition of
  720  any property for the Wekiva Parkway before July 1, 2012.
  721         (2) Notwithstanding any other provision of law to the
  722  contrary, in order to ensure that funds are available to the
  723  department for its portion of the Wekiva Parkway, beginning July
  724  1, 2012, the authority shall repay the expenditures by the
  725  department for costs of operation and maintenance of the Central
  726  Florida Orlando-Orange County Expressway System in accordance
  727  with the terms of the memorandum of understanding between the
  728  authority and the department as ratified by the authority board
  729  on February 22, 2012, which requires the authority to pay the
  730  department $10 million on July 1, 2012, and $20 million on each
  731  successive July 1 until the department has been fully reimbursed
  732  for all costs of the Central Florida Orlando-Orange County
  733  Expressway System which were paid, advanced, or reimbursed to
  734  the authority by the department, with a final payment in the
  735  amount of the balance remaining. Notwithstanding any other law
  736  to the contrary, the funds paid to the department pursuant to
  737  this subsection must shall be allocated by the department for
  738  construction of the Wekiva Parkway.
  739         (3) The department’s obligation to construct its portions
  740  of the Wekiva Parkway is contingent upon the timely payment by
  741  the authority of the annual payments required of the authority
  742  and receipt of all required environmental permits and approvals
  743  by the Federal Government.
  744         Section 9. Section 348.7547, Florida Statutes, is amended
  745  to read:
  746         348.7547 Maitland Boulevard Extension and Northwest Beltway
  747  Part A Realignment construction authorized; financing.
  748  Notwithstanding s. 338.2275, the Central Florida Orlando-Orange
  749  County Expressway Authority may is hereby authorized to exercise
  750  its condemnation powers, construct, finance, operate, own, and
  751  maintain the portion of State Road 414 known as the Maitland
  752  Boulevard Extension and the realigned portion of the Northwest
  753  Beltway Part A as part of the authority’s long-range capital
  754  improvement plan. The Maitland Boulevard Extension extends will
  755  extend from the current terminus of State Road 414 at U.S. 441
  756  west to State Road 429 in west Orange County. The realigned
  757  portion of the Northwest Beltway Part A runs will run from the
  758  point at or near where the Maitland Boulevard Extension connects
  759  will connect with State Road 429 and proceeds will proceed to
  760  the west and then north resulting in the northern terminus of
  761  State Road 429 moving farther west before reconnecting with U.S.
  762  441. However, under no circumstances may shall the realignment
  763  of the Northwest Beltway Part A conflict with or contradict with
  764  the alignment of the Wekiva Parkway as defined in s. 348.7546.
  765  This project may be financed with any funds available to the
  766  authority for such purpose or revenue bonds issued by the
  767  authority under s. 11, Art. VII of the State Constitution and s.
  768  348.755(1)(b).
  769         Section 10. Subsections (2) and (3) of section 348.755,
  770  Florida Statutes, are amended to read:
  771         348.755 Bonds of the authority.—
  772         (2) Any such resolution that authorizes or resolutions
  773  authorizing any bonds issued under this section hereunder may
  774  contain provisions that must which shall be part of the contract
  775  with the holders of such bonds, relating as to:
  776         (a) The pledging of all or any part of the revenues, rates,
  777  fees, rentals, (including all or any portion of the Orange
  778  County gasoline tax funds received by the authority pursuant to
  779  the terms of any lease-purchase agreement between the authority
  780  and the department, or any part thereof), or other charges or
  781  receipts of the authority, derived by the authority, from the
  782  Central Florida Orlando-Orange County Expressway System.
  783         (b) The completion, improvement, operation, extension,
  784  maintenance, repair, lease or lease-purchase agreement of the
  785  said system, and the duties of the authority and others,
  786  including the department, with reference thereto.
  787         (c) Limitations on the purposes to which the proceeds of
  788  the bonds, then or thereafter to be issued, or of any loan or
  789  grant by the United States or the state may be applied.
  790         (d) The fixing, charging, establishing, and collecting of
  791  rates, fees, rentals, or other charges for use of the services
  792  and facilities of the Central Florida Orlando-Orange County
  793  Expressway System or any part thereof.
  794         (e) The setting aside of reserves or sinking funds or
  795  repair and replacement funds and the regulation and disposition
  796  thereof.
  797         (f) Limitations on the issuance of additional bonds.
  798         (g) The terms and provisions of any lease-purchase
  799  agreement, deed of trust or indenture securing the bonds, or
  800  under which the same may be issued.
  801         (h) Any other or additional agreements with the holders of
  802  the bonds which the authority may deem desirable and proper.
  803         (3) The authority may employ fiscal agents as provided by
  804  this part or the State Board of Administration of Florida may
  805  upon request of the authority act as fiscal agent for the
  806  authority in the issuance of any bonds that which may be issued
  807  pursuant to this part, and the State Board of Administration may
  808  upon request of the authority take over the management, control,
  809  administration, custody, and payment of any or all debt services
  810  or funds or assets now or hereafter available for any bonds
  811  issued pursuant to this part. The authority may enter into any
  812  deeds of trust, indentures or other agreements with its fiscal
  813  agent, or with any bank or trust company within or without the
  814  state, as security for such bonds, and may, under such
  815  agreements, sign and pledge all or any of the revenues, rates,
  816  fees, rentals or other charges or receipts of the authority,
  817  including all or any portion of the Orange County gasoline tax
  818  funds received by the authority pursuant to the terms of any
  819  lease-purchase agreement between the authority and the
  820  department, thereunder. Such deed of trust, indenture, or other
  821  agreement may contain such provisions as are customary in such
  822  instruments, or, as the authority may authorize, including but
  823  without limitation, provisions as to:
  824         (a) The completion, improvement, operation, extension,
  825  maintenance, repair, and lease of, or lease-purchase agreement
  826  relating to the Central Florida Orlando-Orange County Expressway
  827  System, and the duties of the authority and others including the
  828  department, with reference thereto.
  829         (b) The application of funds and the safeguarding of funds
  830  on hand or on deposit.
  831         (c) The rights and remedies of the trustee and the holders
  832  of the bonds.
  833         (d) The terms and provisions of the bonds or the
  834  resolutions authorizing the issuance of same.
  835         Section 11. Subsections (3) and (4) of section 348.756,
  836  Florida Statutes, are amended to read:
  837         348.756 Remedies of the bondholders.—
  838         (3) When a Any trustee is when appointed pursuant to
  839  subsection (1) as aforesaid, or is acting under a deed of trust,
  840  indenture, or other agreement, and whether or not all bonds have
  841  been declared due and payable, the trustee is shall be entitled
  842  as of right to the appointment of a receiver, who may enter upon
  843  and take possession of the Central Florida Orlando-Orange County
  844  Expressway System or the facilities or any part of the system or
  845  facilities or parts thereof, the rates, fees, rentals, or other
  846  revenues, charges, or receipts that from which are, or may be,
  847  applicable to the payment of the bonds so in default, and
  848  subject to and in compliance with the provisions of any lease
  849  purchase agreement between the authority and the department
  850  operate and maintain the same, for and on behalf of and in the
  851  name of, the authority, the department, and the bondholders, and
  852  collect and receive all rates, fees, rentals, and other charges
  853  or receipts or revenues arising therefrom in the same manner as
  854  the authority or the department might do, and shall deposit all
  855  such moneys in a separate account and apply the same in such
  856  manner as the court directs shall direct. In any suit, action,
  857  or proceeding by the trustee, the fees, counsel fees, and
  858  expenses of the trustee, and the said receiver, if any, and all
  859  costs and disbursements allowed by the court must shall be a
  860  first charge on any rates, fees, rentals, or other charges,
  861  revenues, or receipts, derived from the Central Florida Orlando
  862  Orange County Expressway System, or the facilities or services
  863  or any part of the system or facilities or parts thereof,
  864  including payments under any such lease-purchase agreement as
  865  aforesaid which said rates, fees, rentals, or other charges,
  866  revenues, or receipts shall or may be applicable to the payment
  867  of the bonds that are so in default. The Such trustee has shall,
  868  in addition to the foregoing, have and possess all of the powers
  869  necessary or appropriate for the exercise of any functions
  870  specifically set forth in this section herein or incident to the
  871  representation of the bondholders in the enforcement and
  872  protection of their rights.
  873         (4) Nothing in This section or any other section of this
  874  part does not shall authorize any receiver appointed pursuant
  875  hereto for the purpose, subject to and in compliance with the
  876  provisions of any lease-purchase agreement between the authority
  877  and the department, of operating and maintaining the Central
  878  Florida Orlando-Orange County Expressway System or any
  879  facilities or part of the system or facilities or parts thereof,
  880  to sell, assign, mortgage, or otherwise dispose of any of the
  881  assets of whatever kind and character belonging to the
  882  authority. It is the intention of this part to limit The powers
  883  of the such receiver, subject to and in compliance with the
  884  provisions of any lease-purchase agreement between the authority
  885  and the department, are limited to the operation and maintenance
  886  of the Central Florida Orlando-Orange County Expressway System,
  887  or any facility, or part or parts thereof, as the court may
  888  direct, in the name and for and on behalf of the authority, the
  889  department, and the bondholders, and no holder of bonds on the
  890  authority nor any trustee, has shall ever have the right in any
  891  suit, action, or proceeding at law or in equity, to compel a
  892  receiver, nor may shall any receiver be authorized or any court
  893  be empowered to direct the receiver to sell, assign, mortgage,
  894  or otherwise dispose of any assets of whatever kind or character
  895  belonging to the authority.
  896         Section 12. Subsections (1) through (7) of section 348.757,
  897  Florida Statutes, are amended to read:
  898         348.757 Lease-purchase agreement.—
  899         (1) In order to effectuate the purposes of this part and as
  900  authorized by this part, The authority may enter into a lease
  901  purchase agreement with the department relating to and covering
  902  the former Orlando-Orange County Expressway System.
  903         (2) The Such lease-purchase agreement must shall provide
  904  for the leasing of the former Orlando-Orange County Expressway
  905  System, by the authority, as lessor, to the department, as
  906  lessee, must shall prescribe the term of such lease and the
  907  rentals to be paid thereunder, and must shall provide that upon
  908  the completion of the faithful performance thereunder and the
  909  termination of the such lease-purchase agreement, title in fee
  910  simple absolute to the former Orlando-Orange County Expressway
  911  System as then constituted shall be transferred in accordance
  912  with law by the authority, to the state and the authority shall
  913  deliver to the department such deeds and conveyances as shall be
  914  necessary or convenient to vest title in fee simple absolute in
  915  the state.
  916         (3) The Such lease-purchase agreement may include such
  917  other provisions, agreements, and covenants that as the
  918  authority and the department deem advisable or required,
  919  including, but not limited to, provisions as to the bonds to be
  920  issued under, and for the purposes of, this part, the
  921  completion, extension, improvement, operation, and maintenance
  922  of the former Orlando-Orange County Expressway System and the
  923  expenses and the cost of operation of the said authority, the
  924  charging and collection of tolls, rates, fees, and other charges
  925  for the use of the services and facilities of the system
  926  thereof, the application of federal or state grants or aid that
  927  which may be made or given to assist the authority in the
  928  completion, extension, improvement, operation, and maintenance
  929  of the former Orlando-Orange County Orlando Expressway System,
  930  which the authority is hereby authorized to accept and apply to
  931  such purposes, the enforcement of payment and collection of
  932  rentals and any other terms, provisions, or covenants necessary,
  933  incidental, or appurtenant to the making of and full performance
  934  under the such lease-purchase agreement.
  935         (4) The department as lessee under the such lease-purchase
  936  agreement, may is hereby authorized to pay as rentals under the
  937  agreement thereunder any rates, fees, charges, funds, moneys,
  938  receipts, or income accruing to the department from the
  939  operation of the former Orlando-Orange County Expressway System
  940  and the Orange County gasoline tax funds and may also pay as
  941  rentals any appropriations received by the department pursuant
  942  to any act of the Legislature of the state heretofore or
  943  hereafter enacted; provided, however, this part or the that
  944  nothing herein nor in such lease-purchase agreement is not
  945  intended to and does not nor shall this part or such lease
  946  purchase agreement require the making or continuance of such
  947  appropriations, and nor shall any holder of bonds issued
  948  pursuant to this part does not ever have any right to compel the
  949  making or continuance of such appropriations.
  950         (5) A No pledge of the said Orange County gasoline tax
  951  funds as rentals under a such lease-purchase agreement may not
  952  shall be made without the consent of the County of Orange
  953  evidenced by a resolution duly adopted by the board of county
  954  commissioners of said county at a public hearing held pursuant
  955  to due notice thereof published at least once a week for 3
  956  consecutive weeks before the hearing in a newspaper of general
  957  circulation in Orange County. The Said resolution, among other
  958  things, must shall provide that any excess of the said pledged
  959  gasoline tax funds which is not required for debt service or
  960  reserves for the such debt service for any bonds issued by the
  961  said authority shall be returned annually to the department for
  962  distribution to Orange County as provided by law. Before making
  963  any application for a such pledge of gasoline tax funds, the
  964  authority shall present the plan of its proposed project to the
  965  Orange County planning and zoning commission for its comments
  966  and recommendations.
  967         (6) The Said department may shall have power to covenant in
  968  any lease-purchase agreement that it will pay all or any part of
  969  the cost of the operation, maintenance, repair, renewal, and
  970  replacement of the said system, and any part of the cost of
  971  completing the said system to the extent that the proceeds of
  972  bonds issued therefor are insufficient, from sources other than
  973  the revenues derived from the operation of the said system and
  974  the said Orange County gasoline tax funds. The said department
  975  may also agree to make such other payments from any moneys
  976  available to the said commission, the said county, or the said
  977  city in connection with the construction or completion of the
  978  said system as shall be deemed by the said department to be fair
  979  and proper under any such covenants heretofore or hereafter
  980  entered into.
  981         (7) The said system must shall be a part of the state road
  982  system and the said department may is hereby authorized, upon
  983  the request of the authority, to expend out of any funds
  984  available for the purpose the such moneys, and to use such of
  985  its engineering and other forces, as may be necessary and
  986  desirable in the judgment of said department, for the operation
  987  of the said authority and for traffic surveys, borings, surveys,
  988  preparation of plans and specifications, estimates of cost, and
  989  other preliminary engineering and other studies; provided,
  990  however, that the aggregate amount of moneys expended for the
  991  said purposes by the said department do shall not exceed the sum
  992  of $375,000.
  993         Section 13. Section 348.758, Florida Statutes, is amended
  994  to read:
  995         348.758 Appointment of department as may be appointed agent
  996  of authority for construction.—The department may be appointed
  997  by the said authority as its agent for the purpose of
  998  constructing improvements and extensions to the Central Florida
  999  Orlando-Orange County Expressway System and for its the
 1000  completion thereof. In such event, the authority shall provide
 1001  the department with complete copies of all documents,
 1002  agreements, resolutions, contracts, and instruments relating
 1003  thereto and shall request the department to do such construction
 1004  work, including the planning, surveying, and actual construction
 1005  of the completion, extensions, and improvements to the Central
 1006  Florida Orlando-Orange County Expressway System and shall
 1007  transfer to the credit of an account of the department in the
 1008  State Treasury of the state the necessary funds, therefor and
 1009  the department may shall thereupon be authorized, empowered and
 1010  directed to proceed with such construction and to use the said
 1011  funds for such purpose in the same manner that it is now
 1012  authorized to use the funds otherwise provided by law for the
 1013  its use in construction of roads and bridges.
 1014         Section 14. Section 348.759, Florida Statutes, is amended
 1015  to read:
 1016         348.759 Acquisition of lands and property.—
 1017         (1) For the purposes of this part, the Central Florida
 1018  Orlando-Orange County Expressway Authority may acquire private
 1019  or public property and property rights, including rights of
 1020  access, air, view, and light, by gift, devise, purchase, or
 1021  condemnation by eminent domain proceedings, as the authority
 1022  deems may deem necessary for any of the purposes of this part,
 1023  including, but not limited to, any lands reasonably necessary
 1024  for securing applicable permits, areas necessary for management
 1025  of access, borrow pits, drainage ditches, water retention areas,
 1026  rest areas, replacement access for landowners whose access is
 1027  impaired due to the construction of a facility, and replacement
 1028  rights-of-way for relocated rail and utility facilities; for
 1029  existing, proposed, or anticipated transportation facilities on
 1030  the Central Florida Orlando-Orange County Expressway System or
 1031  in a transportation corridor designated by the authority; or for
 1032  the purposes of screening, relocation, removal, or disposal of
 1033  junkyards and scrap metal processing facilities. The authority
 1034  may shall also have the power to condemn any material and
 1035  property necessary for such purposes.
 1036         (2) The right of eminent domain herein conferred shall be
 1037  exercised by the authority shall exercise the right of eminent
 1038  domain in the manner provided by law.
 1039         (3) When the authority acquires property for a
 1040  transportation facility or in a transportation corridor, it is
 1041  not subject to any liability imposed by chapter 376 or chapter
 1042  403 for preexisting soil or groundwater contamination due solely
 1043  to its ownership. This section does not affect the rights or
 1044  liabilities of any past or future owners of the acquired
 1045  property and nor does not it affect the liability of any
 1046  governmental entity for the results of its actions which create
 1047  or exacerbate a pollution source. The authority and the
 1048  Department of Environmental Protection may enter into
 1049  interagency agreements for the performance, funding, and
 1050  reimbursement of the investigative and remedial acts necessary
 1051  for property acquired by the authority.
 1052         Section 15. Section 348.760, Florida Statutes, is amended
 1053  to read:
 1054         348.760 Cooperation with other units, boards, agencies, and
 1055  individuals.—A Express authority and power is hereby given and
 1056  granted any county, municipality, drainage district, road and
 1057  bridge district, school district or any other political
 1058  subdivision, board, commission, or individual in, or of, the
 1059  state may to make and enter into with the authority, contracts,
 1060  leases, conveyances, partnerships, or other agreements pursuant
 1061  to within the provisions and purposes of this part. The
 1062  authority may is hereby expressly authorized to make and enter
 1063  into contracts, leases, conveyances, partnerships, and other
 1064  agreements with any political subdivision, agency, or
 1065  instrumentality of the state and any and all federal agencies,
 1066  corporations, and individuals, for the purpose of carrying out
 1067  the provisions of this part or with the consent of the Seminole
 1068  County Expressway Authority, for the purpose of carrying out and
 1069  implementing part VIII of this chapter.
 1070         Section 16. Section 348.761, Florida Statutes, is amended
 1071  to read:
 1072         348.761 Covenant of the state.—The state pledges does
 1073  hereby pledge to, and agrees, with any person, firm or
 1074  corporation, or federal or state agency subscribing to, or
 1075  acquiring the bonds to be issued by the authority for the
 1076  purposes of this part that the state will not limit or alter the
 1077  rights that are hereby vested in the authority and the
 1078  department until all issued bonds and interest at any time
 1079  issued, together with the interest thereon, are fully paid and
 1080  discharged insofar as the pledge same affects the rights of the
 1081  holders of bonds issued pursuant to this part hereunder. The
 1082  state does further pledge to, and agree, with the United States
 1083  that in the event any federal agency constructs or contributes
 1084  shall construct or contribute any funds for the completion,
 1085  extension, or improvement of the Central Florida Orlando-Orange
 1086  County Expressway System, or any part or portion of the system
 1087  thereof, the state will not alter or limit the rights and powers
 1088  of the authority and the department in any manner that which
 1089  would be inconsistent with the continued maintenance and
 1090  operation of the Central Florida Orlando-Orange County
 1091  Expressway System or the completion, extension, or improvement
 1092  of the system thereof, or that which would be inconsistent with
 1093  the due performance of any agreements between the authority and
 1094  any such federal agency, and the authority and the department
 1095  shall continue to have and may exercise all powers herein
 1096  granted in this part, so long as the powers are same shall be
 1097  necessary or desirable for the carrying out of the purposes of
 1098  this part and the purposes of the United States in the
 1099  completion, extension, or improvement of the Central Florida
 1100  Orlando-Orange County Expressway System, or any part of the
 1101  system or portion thereof.
 1102         Section 17. Section 348.765, Florida Statutes, is amended
 1103  to read:
 1104         348.765 This part complete and additional authority.—
 1105         (1) The powers conferred by this part are shall be in
 1106  addition and supplemental to the existing powers of the said
 1107  board and the department, and this part may shall not be
 1108  construed as repealing any of the provisions, of any other law,
 1109  general, special, or local, but to supersede such other laws in
 1110  the exercise of the powers provided in this part, and to provide
 1111  a complete method for the exercise of the powers granted in this
 1112  part. The extension and improvement of the Central Florida said
 1113  Orlando-Orange County Expressway System, and the issuance of
 1114  bonds pursuant to this part hereunder to finance all or part of
 1115  the cost of the system thereof, may be accomplished upon
 1116  compliance with the provisions of this part without regard to or
 1117  necessity for compliance with the provisions, limitations, or
 1118  restrictions contained in any other general, special, or local
 1119  law, including, but not limited to, s. 215.821, and no approval
 1120  of any bonds issued under this part by the qualified electors or
 1121  qualified electors who are freeholders in the state or in the
 1122  said County of Orange, or in the said City of Orlando, or in any
 1123  other political subdivision of the state, is shall be required
 1124  for the issuance of such bonds pursuant to this part.
 1125         (2) This part does shall not be deemed to repeal, rescind,
 1126  or modify any other law or laws relating to the said State Board
 1127  of Administration, the said Department of Transportation, or the
 1128  Division of Bond Finance of the State Board of Administration,
 1129  but supersedes any shall be deemed to and shall supersede such
 1130  other law that is or laws as are inconsistent with the
 1131  provisions of this part, including, but not limited to, s.
 1132  215.821.
 1133         Section 18. Section 348.9953, Florida Statutes, is amended
 1134  to read:
 1135         348.9953 Purposes and powers.—The purposes and powers of
 1136  the authority are shall be the same as those identified in the
 1137  Florida Expressway Authority Act, except that such purposes and
 1138  powers may only be exercised with respect to the Poinciana
 1139  Parkway. The Osceola County Expressway Authority may exist only
 1140  until the earlier of December 31, 2016, or the completion of
 1141  construction of the Poinciana Parkway, a limited access facility
 1142  of approximately 9 miles in length in Osceola County with its
 1143  northwestern terminus at the intersection of County Road 54 and
 1144  US 17/US 92 and its southeastern terminus at the current
 1145  intersection of Rhododendron and Cypress Parkway, described in
 1146  the Osceola County Expressway Authority May 8, 2012, Master
 1147  Plan. The authority’s expressway system shall be limited to the
 1148  Poinciana Parkway, as it is described in the Osceola County
 1149  Expressway Authority May 8, 2012, Master Plan, together with
 1150  such changes, modifications, or revisions of the project that
 1151  are deemed desirable and proper. The authority, however, may not
 1152  extend the Poinciana Parkway beyond the project limits described
 1153  in the Osceola County Expressway Authority May 8, 2012, Master
 1154  Plan. In implementing this act, the authority shall institute
 1155  procedures to encourage the awarding of contracts for
 1156  professional services and construction to certified minority
 1157  business enterprises as defined in s. 288.703. The authority
 1158  shall develop and implement activities to encourage the
 1159  participation of certified minority business enterprises in the
 1160  contracting process.
 1161         Section 19. Subsections (6) and (7) of section 369.317,
 1162  Florida Statutes, are amended to read:
 1163         369.317 Wekiva Parkway.—
 1164         (6) The Central Florida Orlando-Orange County Expressway
 1165  Authority is hereby granted the authority to act as a third
 1166  party acquisition agent, pursuant to s. 259.041 on behalf of the
 1167  Board of Trustees or chapter 373 on behalf of the governing
 1168  board of the St. Johns River Water Management District, for the
 1169  acquisition of all necessary lands, property and all interests
 1170  in property identified herein, including fee simple or less
 1171  than-fee simple interests. The lands subject to this authority
 1172  are identified in paragraph 10.a., State of Florida, Office of
 1173  the Governor, Executive Order 03-112 of July 1, 2003, and in
 1174  Recommendation 16 of the Wekiva Basin Area Task Force created by
 1175  Executive Order 2002-259, such lands otherwise known as
 1176  Neighborhood Lakes, a 1,587+/-acre parcel located in Orange and
 1177  Lake Counties within Sections 27, 28, 33, and 34 of Township 19
 1178  South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20
 1179  South, Range 28 East; Seminole Woods/Swamp, a 5,353+/-acre
 1180  parcel located in Lake County within Section 37, Township 19
 1181  South, Range 28 East; New Garden Coal; a 1,605+/-acre parcel in
 1182  Lake County within Sections 23, 25, 26, 35, and 36, Township 19
 1183  South, Range 28 East; Pine Plantation, a 617+/-acre tract
 1184  consisting of eight individual parcels within the Apopka City
 1185  limits. The Department of Transportation, the Department of
 1186  Environmental Protection, the St. Johns River Water Management
 1187  District, and other land acquisition entities shall participate
 1188  and cooperate in providing information and support to the third
 1189  party acquisition agent. The land acquisition process authorized
 1190  by this paragraph shall begin no later than December 31, 2004.
 1191  Acquisition of the properties identified as Neighborhood Lakes,
 1192  Pine Plantation, and New Garden Coal, or approval as a
 1193  mitigation bank shall be concluded no later than December 31,
 1194  2010. Department of Transportation and Central Florida Orlando
 1195  Orange County Expressway Authority funds expended to purchase an
 1196  interest in those lands identified in this subsection shall be
 1197  eligible as environmental mitigation for road construction
 1198  related impacts in the Wekiva Study Area. If any of the lands
 1199  identified in this subsection are used as environmental
 1200  mitigation for road-construction-related impacts incurred by the
 1201  Department of Transportation or Central Florida Orlando-Orange
 1202  County Expressway Authority, or for other impacts incurred by
 1203  other entities, within the Wekiva Study Area or within the
 1204  Wekiva parkway alignment corridor, and if the mitigation offsets
 1205  these impacts, the St. Johns River Water Management District and
 1206  the Department of Environmental Protection shall consider the
 1207  activity regulated under part IV of chapter 373 to meet the
 1208  cumulative impact requirements of s. 373.414(8)(a).
 1209         (a) Acquisition of the land described in this section is
 1210  required to provide right-of-way for the Wekiva Parkway, a
 1211  limited access roadway linking State Road 429 to Interstate 4,
 1212  an essential component in meeting regional transportation needs
 1213  to provide regional connectivity, improve safety, accommodate
 1214  projected population and economic growth, and satisfy critical
 1215  transportation requirements caused by increased traffic volume
 1216  growth and travel demands.
 1217         (b) Acquisition of the lands described in this section is
 1218  also required to protect the surface water and groundwater
 1219  resources of Lake, Orange, and Seminole counties, otherwise
 1220  known as the Wekiva Study Area, including recharge within the
 1221  springshed that provides for the Wekiva River system. Protection
 1222  of this area is crucial to the long term viability of the Wekiva
 1223  River and springs and the central Florida region’s water supply.
 1224  Acquisition of the lands described in this section is also
 1225  necessary to alleviate pressure from growth and development
 1226  affecting the surface and groundwater resources within the
 1227  recharge area.
 1228         (c) Lands acquired pursuant to this section that are needed
 1229  for transportation facilities for the Wekiva Parkway shall be
 1230  determined not necessary for conservation purposes pursuant to
 1231  ss. 253.034(6) and 373.089(5) and shall be transferred to or
 1232  retained by the Central Florida Orlando-Orange County Expressway
 1233  Authority or the Department of Transportation upon reimbursement
 1234  of the full purchase price and acquisition costs.
 1235         (7) The Department of Transportation, the Department of
 1236  Environmental Protection, the St. Johns River Water Management
 1237  District, Central Florida Orlando-Orange County Expressway
 1238  Authority, and other land acquisition entities shall cooperate
 1239  and establish funding responsibilities and partnerships by
 1240  agreement to the extent funds are available to the various
 1241  entities. Properties acquired with Florida Forever funds shall
 1242  be in accordance with s. 259.041 or chapter 373. The Central
 1243  Florida Orlando-Orange County Expressway Authority shall acquire
 1244  land in accordance with this section of law to the extent funds
 1245  are available from the various funding partners, but shall not
 1246  be required nor assumed to fund the land acquisition beyond the
 1247  agreement and funding provided by the various land acquisition
 1248  entities.
 1249         Section 20. Subsection (1) of section 369.324, Florida
 1250  Statutes, is amended to read:
 1251         369.324 Wekiva River Basin Commission.—
 1252         (1) The Wekiva River Basin Commission is created to monitor
 1253  and ensure the implementation of the recommendations of the
 1254  Wekiva River Basin Coordinating Committee for the Wekiva Study
 1255  Area. The East Central Florida Regional Planning Council shall
 1256  provide staff support to the commission with funding assistance
 1257  from the Department of Economic Opportunity. The commission
 1258  shall be comprised of a total of 18 19 members appointed by the
 1259  Governor, 9 of whom shall be voting members and 9 10 shall be ad
 1260  hoc nonvoting members. The voting members shall include:
 1261         (a) One member of each of the Boards of County
 1262  Commissioners for Lake, Orange, and Seminole Counties.
 1263         (b) One municipal elected official to serve as a
 1264  representative of the municipalities located within the Wekiva
 1265  Study Area of Lake County.
 1266         (c) One municipal elected official to serve as a
 1267  representative of the municipalities located within the Wekiva
 1268  Study Area of Orange County.
 1269         (d) One municipal elected official to serve as a
 1270  representative of the municipalities located within the Wekiva
 1271  Study Area of Seminole County.
 1272         (e) One citizen representing an environmental or
 1273  conservation organization, one citizen representing a local
 1274  property owner, a land developer, or an agricultural entity, and
 1275  one at-large citizen who shall serve as chair of the council.
 1276         (f) The ad hoc nonvoting members shall include one
 1277  representative from each of the following entities:
 1278         1. St. Johns River Management District.
 1279         2. Department of Economic Opportunity.
 1280         3. Department of Environmental Protection.
 1281         4. Department of Health.
 1282         5. Department of Agriculture and Consumer Services.
 1283         6. Fish and Wildlife Conservation Commission.
 1284         7. Department of Transportation.
 1285         8. MetroPlan Orlando.
 1286         9. Central Florida Orlando-Orange County Expressway
 1287  Authority.
 1288         10. Seminole County Expressway Authority.
 1289         Section 21. (1) While the governing body of the authority,
 1290  upon the effective date of this act, has one or more members
 1291  from Osceola County as provided in s. 348.753(3), Florida
 1292  Statutes, and the authority has the purposes and powers
 1293  described in s. 348.754, Florida Statutes, regarding Osceola
 1294  County, the Osceola County Expressway Authority shall continue
 1295  for the duration permitted in this section solely for the
 1296  purpose of planning and construction of the Poinciana Parkway,
 1297  which facility is owned by Osceola County and leased to the
 1298  Osceola County Expressway Authority, as provided and permitted
 1299  in this subsection. Upon the earlier of December 31, 2016, or
 1300  the completion of construction of the Poinciana Parkway, a
 1301  limited access facility of approximately 9 miles in length in
 1302  Osceola County with its northwestern terminus at the
 1303  intersection of County Road 54 and US 17/US 92 and its
 1304  southeastern terminus at the current intersection of
 1305  Rhododendron and Cypress Parkway, described in the Osceola
 1306  County Expressway Authority May 8, 2012, Master Plan, all
 1307  powers, governance, and control of the Osceola County Expressway
 1308  System, created pursuant to part V, chapter 348, Florida
 1309  Statutes, are transferred to the Central Florida Expressway
 1310  Authority, and the assets; liabilities; facilities; tangible and
 1311  intangible property, and any rights in such property; any rights
 1312  in or benefits of contract; and any other legal rights and
 1313  obligations of the Osceola County Expressway Authority are
 1314  transferred to the Central Florida Expressway Authority. Part V
 1315  of chapter 348, Florida Statutes, consisting of ss. 348.9950
 1316  348.9961, is repealed on the same date that the Osceola County
 1317  Expressway System is transferred to the Central Florida
 1318  Expressway Authority.
 1319         (2) The Central Florida Expressway Authority shall comply
 1320  with any and all obligations of any other governmental entities
 1321  incurred on behalf of the Osceola County Expressway System,
 1322  excluding any obligations of Osceola County with respect to
 1323  acquisition, development, construction, operations, and
 1324  maintenance of the Poinciana Parkway, and excluding any payment
 1325  or other obligations of Osceola County under any bonds issued or
 1326  other debt originally incurred by Osceola County or the Osceola
 1327  County Expressway Authority for the purpose of financing the
 1328  planning or construction of the Poinciana Parkway, which shall
 1329  remain the obligations of Osceola County. Payment obligations
 1330  transferred to the Central Florida Expressway Authority shall be
 1331  made from revenues available for such purpose after payment of
 1332  all amounts required:
 1333         (a) Otherwise by law;
 1334         (b) By the terms of any resolution authorizing the issuance
 1335  of bonds by the authority, the Orlando-Orange County Expressway
 1336  Authority, or the Osceola County Expressway Authority;
 1337         (c) By the terms of any resolution under which bonds are
 1338  issued by Osceola County for the purpose of constructing
 1339  improvements to the Osceola County Expressway System; and
 1340         (d) By the terms of the memorandum of understanding between
 1341  the Orlando-Orange County Expressway Authority and the
 1342  department as ratified by the board of the Orlando-Orange County
 1343  Expressway Authority on February 22, 2012.
 1344         Section 22. The Division of Law Revision and Information is
 1345  directed to replace the phrase “the effective date of this act”
 1346  wherever it occurs in this act with the date the act becomes a
 1347  law.
 1348         Section 23. This act shall take effect upon becoming a law.