Bill Text: FL S1132 | 2013 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Transportation
Spectrum: Bipartisan Bill
Status: (Failed) 2013-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 85 (Ch. 2013-223), CS/CS/HB 7125 (Ch. 2013-160) [S1132 Detail]
Download: Florida-2013-S1132-Comm_Sub.html
Bill Title: Department of Transportation
Spectrum: Bipartisan Bill
Status: (Failed) 2013-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 85 (Ch. 2013-223), CS/CS/HB 7125 (Ch. 2013-160) [S1132 Detail]
Download: Florida-2013-S1132-Comm_Sub.html
Florida Senate - 2013 CS for SB 1132 By the Committee on Community Affairs; and Senator Brandes 578-02811A-13 20131132c1 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; requiring the Transportation 4 Commission to also monitor ch. 345, F.S., relating to 5 the Florida Regional Tollway Authority; deleting 6 provisions relating to the Florida Statewide Passenger 7 Rail Commission; amending s. 110.205, F.S.; changing 8 to the State Freight and Logistics Administrator from 9 the State Public Transportation and Modal 10 Administrator, which is an exempt position not covered 11 under career service; creating s. 163.3176, F.S.; 12 providing legislative intent; requiring that a local 13 government ensure that noise compatible land-use 14 planning is used in its jurisdiction; providing 15 guidelines; providing for the sharing of related costs 16 of construction if a local government does not comply 17 with the noise mitigation requirements; requiring that 18 local governments consult with the Department of 19 Transportation and the Department of Economic 20 Opportunity in the formulation of noise mitigation 21 requirements; amending s. 206.86, F.S.; deleting 22 definitions for the terms “alternative fuel” and 23 “natural gasoline”; amending s. 206.87, F.S.; 24 conforming a cross-reference; repealing s. 206.877, 25 F.S., relating to the annual decal fee program for 26 motor vehicles powered by alternative fuels; repealing 27 s. 206.89, F.S., relating to the requirements for 28 alternative fuel retailer licenses; amending s. 29 206.91, F.S.; making grammatical and technical 30 changes; providing a directive to the Division of Law 31 Revision and Information; amending s. 206.9825, F.S.; 32 revising the criteria that certain air carriers must 33 meet to qualify for an exemption to the aviation fuel 34 tax; providing remedies for failure by an air carrier 35 to meet the standards; authorizing terminal suppliers 36 and wholesalers to receive a credit, or apply, for a 37 refund of aviation fuel tax previously paid; 38 conforming terminology; authorizing the Department of 39 Revenue to adopt rules; creating s. 206.9951, F.S.; 40 providing definitions; creating s. 206.9952, F.S.; 41 establishing requirements for natural gas fuel 42 retailer licenses; providing penalties for certain 43 licensure violations; creating s. 206.9955, F.S.; 44 providing calculations for a motor fuel equivalent 45 gallon; providing for the levy of the natural gas fuel 46 tax; authorizing the Department of Revenue to adopt 47 rules; creating s. 206.996, F.S.; establishing 48 requirements for monthly reports of natural gas fuel 49 retailers; providing that reports are made under the 50 penalties of perjury; allowing natural gas fuel 51 retailers to seek a deduction of the tax levied under 52 specified conditions; creating s. 206.9965, F.S.; 53 providing exemptions and refunds from the natural gas 54 fuel tax; transferring, renumbering, and amending 55 s.206.879, F.S; revising provisions relating to the 56 State Alternative Fuel User Fee Clearing Trust Fund; 57 terminating the Local Alternative Fuel User Fee 58 Clearing Trust Fund within the Department of Revenue; 59 prescribing procedures for the termination of the 60 trust fund; creating s. 206.998, F.S.; providing for 61 the applicability of specified sections of parts I and 62 II of ch. 206, F.S.; amending s. 212.055, F.S.; 63 conforming a cross-reference; amending s. 212.08, 64 F.S.; providing an exemption from taxes for natural 65 gas fuel under certain circumstances; repealing s. 66 316.530(3), F.S., relating to load limits for certain 67 towed vehicles; amending s. 316.545, F.S.; increasing 68 the weight amount used for penalty calculations; 69 conforming terminology; amending s. 331.360, F.S.; 70 reordering provisions; providing for a spaceport 71 system plan; providing funding for space 72 transportation projects from the State Transportation 73 Trust Fund; requiring Space Florida to provide the 74 Department of Transportation with specific project 75 information and to demonstrate transportation and 76 aerospace benefits; specifying the information to be 77 provided; providing funding criteria; providing 78 criteria for the Spaceport Investment Program; 79 providing for funding; amending s. 332.007, F.S.; 80 authorizing the Department of Transportation to fund 81 strategic airport investments; providing criteria; 82 amending s. 334.044, F.S.; prohibiting the department 83 from entering into a lease-purchase agreement with 84 certain transportation authorities after a specified 85 time; amending s. 337.11, F.S.; removing the 86 requirement that a contractor provide a notarized 87 affidavit as proof of registration; amending s. 88 337.14, F.S.; revising the criteria for bidding 89 certain construction contracts to require a proposed 90 budget estimate if a contract is more than a specified 91 amount; amending s. 337.168, F.S.; providing that a 92 document that reveals the identity of a person who has 93 requested or received certain information before a 94 certain time is a public record; amending s. 337.251, 95 F.S.; revising criteria for leasing particular 96 department property; increasing the time the 97 department must accept proposals for lease after a 98 notice is published; authorizing the department to 99 establish an application fee by rule; providing 100 criteria for the fee; providing criteria that the 101 lease must meet; amending s. 337.408, F.S.; providing 102 that persons who install a transit shelter or bus 103 bench on certain right-of-ways are responsible for 104 ensuring that the bench or transit shelter complies 105 with applicable laws and rules; providing for the 106 disposition of a bench or transit shelter that is not 107 in compliance with applicable laws or rules; requiring 108 owners of a bench or transit shelter to provide the 109 department with a written inventory of locations; 110 requiring the owner of a bench or transit shelter to 111 maintain a liability insurance policy naming the 112 department as an additional insured; specifying 113 requirements for the policy; providing criteria for 114 notice of modification, cancellation, or nonrenewal of 115 an insurance policy; providing exceptions; requiring 116 each county or municipality to remit certain revenue 117 to the department; amending s. 338.161, F.S.; 118 authorizing the department to enter into agreements 119 with owners of public or private transportation 120 facilities rather than entities that use the 121 department’s electronic toll collection and video 122 billing systems to collect certain charges; amending 123 s. 338.165, F.S.; removing the Beeline-East Expressway 124 and the Navarre Bridge from the list of facilities 125 that have toll revenues to secure their bonds; 126 amending s. 338.26, F.S.; revising the uses of fees 127 that are generated from tolls to include the design 128 and construction of a fire station that may be used by 129 certain local governments in accordance with a 130 specified memorandum; removing authority of a district 131 to issue bonds or notes; amending s. 339.175, F.S.; 132 revising the criteria that qualify a local government 133 for participation in a metropolitan planning 134 organization; revising the criteria to determine 135 voting membership of a metropolitan planning 136 organization; providing that each metropolitan 137 planning organization shall review its membership and 138 reapportion it as necessary; providing criteria; 139 removing the requirement that the Governor review and 140 apportion the voting membership among the various 141 governmental entities within the metropolitan planning 142 area; amending s. 339.2821, F.S.; authorizing 143 Enterprise Florida, Inc., to be a consultant to the 144 Department of Transportation for consideration of 145 expenditures associated with and contracts for 146 transportation projects; revising the requirements for 147 economic development transportation project contracts 148 between the department and a governmental entity; 149 amending s. 339.55, F.S.; adding spaceports to the 150 list of facility types for which the state-funded 151 infrastructure bank may lend capital costs or provide 152 credit enhancements; amending s. 341.031, F.S.; 153 revising the definition of the term “intercity bus 154 service”; amending s. 341.053, F.S.; revising the 155 types of eligible projects and criteria of the 156 intermodal development program; amending s. 341.302, 157 F.S.; authorizing the Department of Transportation to 158 undertake ancillary development for appropriate 159 revenue sources to be used for state-owned rail 160 corridors; amending ss. 343.82 and 343.922, F.S.; 161 removing reference to advances from the Toll 162 Facilities Revolving Trust Fund as a source of funding 163 for certain projects by an authority; creating ch. 164 345, F.S., relating to the Florida Regional Tollway 165 Authority; creating s. 345.0001, F.S.; providing a 166 short title; creating s. 345.0002, F.S.; providing 167 definitions; creating s. 345.0003, F.S.; authorizing 168 counties to form a regional tollway authority that can 169 construct, maintain, or operate transportation 170 projects in a region of the state; providing for 171 governance of the authority; creating s. 345.0004, 172 F.S.; providing for the powers and duties of a 173 regional tollway authority; limiting an authority’s 174 power with respect to an existing system; prohibiting 175 an authority from pledging the credit or taxing power 176 of the state or any political subdivision or agency of 177 the state; requiring that an authority comply with 178 certain reporting and documentation requirements; 179 creating s. 345.0005, F.S.; authorizing the authority 180 to issue bonds; providing that the issued bonds must 181 meet certain requirements; providing that the 182 resolution that authorizes the issuance of bonds meet 183 certain requirements; authorizing an authority to 184 enter into security agreements for issued bonds with a 185 bank or trust company; providing that the issued bonds 186 are negotiable instruments and have certain qualities; 187 providing that a resolution authorizing the issuance 188 of bonds and pledging of revenues of the system must 189 contain certain requirements; prohibiting the use or 190 pledge of state funds to pay principal or interest of 191 an authority’s bonds; creating s. 345.0006, F.S.; 192 providing for the rights and remedies granted to 193 certain bondholders; providing the actions a trustee 194 may take on behalf of the bondholders; providing for 195 the appointment of a receiver; providing for the 196 authority of the receiver; providing limitations to 197 the receiver’s authority; creating s. 345.0007, F.S.; 198 providing that the Department of Transportation is the 199 agent of each authority for specified purposes; 200 providing for the administration and management of 201 projects by the department; providing limits on the 202 department as an agent; providing for the fiscal 203 responsibilities of the authority; creating s. 204 345.0008, F.S.; authorizing the department to provide 205 for or commit its resources for an authority project 206 or system, if approved by the Legislature; providing 207 for payment of expenses incurred by the department on 208 behalf of an authority; requiring the department to 209 receive a share of the revenue from the authority; 210 providing calculations for disbursement of revenues; 211 creating s. 345.0009, F.S.; authorizing the authority 212 to acquire private or public property and property 213 rights for a project or plan; authorizing the 214 authority to exercise the right of eminent domain; 215 providing for the rights and liabilities and remedial 216 actions relating to property acquired for a 217 transportation project or corridor; creating s. 218 345.0010, F.S.; providing for contracts between 219 governmental entities and an authority; creating s. 220 345.0011, F.S.; providing that the state will not 221 limit or alter the vested rights of a bondholder with 222 regard to any issued bonds or rights relating to the 223 bonds under certain conditions; creating s. 345.0012, 224 F.S.; relieving the authority from the obligation of 225 paying certain taxes or assessments for property 226 acquired or used for certain public purposes or for 227 revenues received relating to the issuance of bonds; 228 providing exceptions; creating s. 345.0013, F.S.; 229 providing that the bonds or obligations issued are 230 legal investments of specified entities; creating s. 231 345.0014, F.S.; providing applicability; creating s. 232 345.0015, F.S.; creating the Northwest Florida 233 Regional Tollway Authority; creating s. 345.0016, 234 F.S.; creating the Okaloosa-Bay Regional Tollway 235 Authority; creating s. 345.0017, F.S.; creating the 236 Suncoast Regional Tollway Authority; providing for the 237 transfer of the governance and control of the Mid-Bay 238 Bridge Authority System to the Okaloosa-Bay Regional 239 Tollway Authority; providing for the disposition of 240 bonds, the protection of the bondholders, the effect 241 on the rights and obligations under a contract or the 242 bonds, and the revenues associated with the bonds; 243 providing an effective date. 244 245 Be It Enacted by the Legislature of the State of Florida: 246 247 Section 1. Paragraph (b) of subsection (2) and subsection 248 (3) of section 20.23, Florida Statutes, are amended, and present 249 subsections (4) through (7) of that subsection are renumbered as 250 subsections (3) through (6), to read: 251 20.23 Department of Transportation.—There is created a 252 Department of Transportation which shall be a decentralized 253 agency. 254 (2) 255 (b) The commission shallhave the primary functions to: 256 1. Recommend major transportation policies for the 257 Governor’s approval, and assure that approved policies and any 258 revisionstheretoare properly executed. 259 2. Periodically review the status of the state 260 transportation system including highway, transit, rail, seaport, 261 intermodal development, and aviation components of the system 262 and recommend improvements therein to the Governor and the 263 Legislature. 264 3. Perform an in-depth evaluation of the annual department 265 budget request, the Florida Transportation Plan, and the 266 tentative work program for compliance with all applicable laws 267 and established departmental policies. Except as specifically 268 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 269 not consider individual construction projects, but shall 270 consider methods of accomplishing the goals of the department in 271 the most effective, efficient, and businesslike manner. 272 4. Monitor the financial status of the department on a 273 regular basis to assure that the department is managing revenue 274 and bond proceeds responsibly and in accordance with law and 275 established policy. 276 5. Monitor on at least a quarterly basis, the efficiency, 277 productivity, and management of the department, using 278 performance and production standards developed by the commission 279 pursuant to s. 334.045. 280 6. Perform an in-depth evaluation of the factors causing 281 disruption of project schedules in the adopted work program and 282 recommend to the Legislature and the Governor methods to 283 eliminate or reduce the disruptive effects of these factors. 284 7. Recommend to the Governor and the Legislature 285 improvements to the department’s organization in order to 286 streamline and optimize the efficiency of the department. In 287 reviewing the department’s organization, the commission shall 288 determine if the current district organizational structure is 289 responsive to Florida’s changing economic and demographic 290 development patterns. The initial report by the commission must 291 be delivered to the Governor and Legislature by December 15, 292 2000, and each year thereafter, as appropriate. The commission 293 may retainsuchexperts thatasare reasonably necessary to 294 effectuate this subparagraph, and the department shall pay the 295 expenses of thesuchexperts. 296 8. Monitor the efficiency, productivity, and management of 297 the authorities created under chapters 345, 348, and 349, 298 including any authority formed using the provisions of part I of 299 chapter 348, and any authority formed under chapter 343which is300not monitored under subsection (3). The commission shall also 301 conduct periodic reviews of each authority’s operations and 302 budget, acquisition of property, management of revenue and bond 303 proceeds, and compliance with applicable laws and generally 304 accepted accounting principles. 305(3) There is created the Florida Statewide Passenger Rail306Commission.307(a)1. The commission shall consist of nine voting members308appointed as follows:309a. Three members shall be appointed by the Governor, one of310whom must have a background in the area of environmental311concerns, one of whom must have a legislative background, and312one of whom must have a general business background.313b. Three members shall be appointed by the President of the314Senate, one of whom must have a background in civil engineering,315one of whom must have a background in transportation316construction, and one of whom must have a general business317background.318c. Three members shall be appointed by the Speaker of the319House of Representatives, one of whom must have a legal320background, one of whom must have a background in financial321matters, and one of whom must have a general business322background.3232. The initial term of each member appointed by the324Governor shall be for 4 years. The initial term of each member325appointed by the President of the Senate shall be for 3 years.326The initial term of each member appointed by the Speaker of the327House of Representatives shall be for 2 years. Succeeding terms328for all members shall be for 4 years.3293. A vacancy occurring during a term shall be filled by the330respective appointing authority in the same manner as the331original appointment and only for the balance of the unexpired332term. An appointment to fill a vacancy shall be made within 60333days after the occurrence of the vacancy.3344. The commission shall elect one of its members as chair335of the commission. The chair shall hold office at the will of336the commission. Five members of the commission shall constitute337a quorum, and the vote of five members shall be necessary for338any action taken by the commission. The commission may meet upon339the constitution of a quorum. A vacancy in the commission does340not impair the right of a quorum to exercise all rights and341perform all duties of the commission.3425. The members of the commission are not entitled to343compensation but are entitled to reimbursement for travel and344other necessary expenses as provided in s.112.061.345(b) The commission shall have the primary functions of:3461. Monitoring the efficiency, productivity, and management347of all publicly funded passenger rail systems in the state,348including, but not limited to, any authority created under349chapter 343, chapter 349, or chapter 163 if the authority350receives public funds for the provision of passenger rail351service. The commission shall advise each monitored authority of352its findings and recommendations. The commission shall also353conduct periodic reviews of each monitored authority’s passenger354rail and associated transit operations and budget, acquisition355of property, management of revenue and bond proceeds, and356compliance with applicable laws and generally accepted357accounting principles. The commission may seek the assistance of358the Auditor General in conducting such reviews and shall report359the findings of such reviews to the Legislature. This paragraph360does not preclude the Florida Transportation Commission from361conducting its performance and work program monitoring362responsibilities.3632. Advising the department on policies and strategies used364in planning, designing, building, operating, financing, and365maintaining a coordinated statewide system of passenger rail366services.3673. Evaluating passenger rail policies and providing advice368and recommendations to the Legislature on passenger rail369operations in the state.370(c) The commission or a member of the commission may not371enter into the day-to-day operation of the department or a372monitored authority and is specifically prohibited from taking373part in:3741. The awarding of contracts.3752. The selection of a consultant or contractor or the376prequalification of any individual consultant or contractor.377However, the commission may recommend to the secretary standards378and policies governing the procedure for selection and379prequalification of consultants and contractors.3803. The selection of a route for a specific project.3814. The specific location of a transportation facility.3825. The acquisition of rights-of-way.3836. The employment, promotion, demotion, suspension,384transfer, or discharge of any department personnel.3857. The granting, denial, suspension, or revocation of any386license or permit issued by the department.387(d) The commission is assigned to the Office of the388Secretary of the Department of Transportation for administrative389and fiscal accountability purposes, but it shall otherwise390function independently of the control and direction of the391department except that reasonable expenses of the commission392shall be subject to approval by the Secretary of Transportation.393The department shall provide administrative support and service394to the commission.395 Section 2. Paragraphs (j) and (m) of subsection (2) of 396 section 110.205, Florida Statutes, are amended to read: 397 110.205 Career service; exemptions.— 398 (2) EXEMPT POSITIONS.—The exempt positions that are not 399 covered by this part include the following: 400 (j) The appointed secretaries and the State Surgeon 401 General, assistant secretaries, deputy secretaries, and deputy 402 assistant secretaries of all departments; the executive 403 directors, assistant executive directors, deputy executive 404 directors, and deputy assistant executive directors of all 405 departments; the directors of all divisions and those positions 406 determined by the department to have managerial responsibilities 407 comparable to such positions, which positions include, but are 408 not limited to, program directors, assistant program directors, 409 district administrators, deputy district administrators, the 410 Director of Central Operations Services of the Department of 411 Children and Family Services, the State Transportation 412 Development Administrator, State Freight and LogisticsPublic413Transportation and ModalAdministrator, district secretaries, 414 district directors of transportation development, transportation 415 operations, transportation support, and the managers of the 416 offices specified in s. 20.23(3)(b)20.23(4)(b), of the 417 Department of Transportation. Unless otherwise fixed by law, the 418 department shall set the salary and benefits of these positions 419 in accordance with the rules of the Senior Management Service; 420 and the county health department directors and county health 421 department administrators of the Department of Health. 422 (m) All assistant division director, deputy division 423 director, and bureau chief positions in any department, and 424 those positions determined by the department to have managerial 425 responsibilities comparable to such positions, which include, 426 but are not limited to: 427 1. Positions in the Department of Health and the Department 428 of Children and Family Services that are assigned primary duties 429 of serving as the superintendent or assistant superintendent of 430 an institution. 431 2. Positions in the Department of Corrections that are 432 assigned primary duties of serving as the warden, assistant 433 warden, colonel, or major of an institution or that are assigned 434 primary duties of serving as the circuit administrator or deputy 435 circuit administrator. 436 3. Positions in the Department of Transportation that are 437 assigned primary duties of serving as regional toll managers and 438 managers of offices, as defined in s. 20.23(3)(b) and (4)(c) 43920.23(4)(b) and (5)(c). 440 4. Positions in the Department of Environmental Protection 441 that are assigned the duty of an Environmental Administrator or 442 program administrator. 443 5. Positions in the Department of Health that are assigned 444 the duties of Environmental Administrator, Assistant County 445 Health Department Director, and County Health Department 446 Financial Administrator. 447 448 Unless otherwise fixed by law, the department shall set the 449 salary and benefits of the positions listed in this paragraph in 450 accordance with the rules established for the Selected Exempt 451 Service. 452 Section 3. Section 163.3176, Florida Statutes, is created 453 to read: 454 163.3176 Legislative findings; noise mitigation 455 requirements in development plans for land abutting the right 456 of-way of a limited access facility; compliance required of 457 local governments.— 458 (1) The Legislature finds that incompatible residential 459 development of land adjacent to the rights-of-way of limited 460 access facilities and the failure to provide protections related 461 to noise abatement have not been in the best interest of the 462 public welfare or the economic health of the state. The 463 Legislature finds that the costs of transportation projects are 464 significantly increased by the added expense of required noise 465 abatement and by the delay of other potential and needed 466 transportation projects. The Legislature finds that limited 467 access facilities generate traffic noise due to the high speed 468 and high volumes of vehicular traffic on these important 469 highways. The Legislature finds that important state interests, 470 including, but not limited to, the protection of future 471 residential property owners, will be served by ensuring that 472 local governments have land development ordinances that promote 473 residential land-use planning and development that is noise 474 compatible with adjacent limited access facilities, and by 475 avoiding future noise abatement problems and the related state 476 expense to provide noise mitigation for residential dwellings 477 constructed after notice of a planned limited access facility is 478 made public. Additionally, the Legislature finds that, with 479 future potential population growth and the resulting need for 480 future capacity improvements to limited access facilities, noise 481 compatible residential land-use planning must take into 482 consideration an evaluation of future impacts of traffic noise 483 on proposed residential developments that are adjacent to 484 limited access facilities. 485 (2) Each local government shall ensure that noise 486 compatible land-use planning is used in its jurisdictions in the 487 development of land for residential use which is adjacent to 488 right-of-way acquired for a limited access facility. The 489 measures must include the incorporation of federal and state 490 noise mitigation standards and guidelines in all local 491 government land development regulations and be reflected in and 492 carried out in the local government comprehensive plans, 493 amendments of adopted comprehensive plans, zoning plans, 494 subdivision plat approvals, development permits, and building 495 permits. Each local government shall ensure that residential 496 development proposed adjacent to a limited access facility is 497 planned and constructed in conformance with all noise mitigation 498 standards, guidelines, and regulations. A local government shall 499 share equally with the Department of Transportation all related 500 costs of construction if the local government does not comply 501 with this section and, as a result, the department is required 502 to construct a noise wall or other noise mitigation in 503 connection with a road improvement project. 504 (3) A local government shall consult with the Department of 505 Economic Opportunity and the department, as needed, in the 506 formulation and establishment of adequate noise mitigation 507 requirements in the respective land development regulations as 508 mandated in this section. A local government shall adopt land 509 development regulations that are consistent with this section, 510 as soon as practicable, but not later than July 1, 2014. 511 Section 4. Section 206.86, Florida Statutes, is amended to 512 read: 513 206.86 Definitions.—As used in this part: 514 (1) “Diesel fuel” means all petroleum distillates commonly 515 known as diesel #2, biodiesel, or any other product blended with 516 diesel or any product placed into the storage supply tank of a 517 diesel-powered motor vehicle. 518 (2) “Taxable diesel fuel” or “fuel” means any diesel fuel 519 not held in bulk storage at a terminalandwhich has not been 520 dyed for exempt use in accordance with Internal Revenue Code 521 requirements. 522 (3) “User” includes any person who uses diesel fuels within 523 this state for the propulsion of a motor vehicle on the public 524 highways of this state, even though the motor is also used for a 525 purpose other than the propulsion of the vehicle. 526(4) “Alternative fuel” means any liquefied petroleum gas527product or compressed natural gas product or combination thereof528used in an internal combustion engine or motor to propel any529form of vehicle, machine, or mechanical contrivance. This term530includes, but is not limited to, all forms of fuel commonly or531commercially known or sold as natural gasoline, butane gas,532propane gas, or any other form of liquefied petroleum gas or533compressed natural gas.534(5) “Natural gasoline” is a liquid hydrocarbon that is535produced by natural gas and must be blended with other liquid536petroleum products to produce motor fuel.537 (4)(6)“Removal” means any physical transfer of diesel fuel 538 and any use of diesel fuel other than as a material in the 539 production of diesel fuel. 540 (5)(7)“Blender” means any person whothatproduces blended 541 diesel fuel outside the bulk transfer/terminal system. 542 (6)(8)“Colorless marker” means material that is not 543 perceptible to the senses until the diesel fuel into which it is 544 introduced is subjected to a scientific test. 545 (7)(9)“Dyed diesel fuel” means diesel fuel that is dyed in 546 accordance with United States Environmental Protection Agency or 547 Internal Revenue Service requirements for high sulfur diesel 548 fuel or low sulfur diesel fuel. 549 (8)(10)“Ultimate vendor” means a licensee that sells 550 undyed diesel fuel to the United States or its departments or 551 agencies in bulk lots of not less than 500 gallons in each 552 delivery or to the user of the diesel fuel for use on a farm for 553 farming purposes. 554 (9)(11)“Local government user of diesel fuel” means any 555 county, municipality, or school district licensed by the 556 department to use untaxed diesel fuel in motor vehicles. 557 (10)(12)“Mass transit system” means any licensed local 558 transportation company providing local bus service that is open 559 to the public and that travels regular routes. 560 (11)(13)“Diesel fuel registrant” means anyone required by 561 this chapter to be licensed to remit diesel fuel taxes, 562 including, but not limited to, terminal suppliers, importers, 563 local government users of diesel fuel, and mass transit systems. 564 (12)(14)“Biodiesel” means any product made from 565 nonpetroleum-based oils or fats which is suitable for use in 566 diesel-powered engines. Biodiesel is also referred to as alkyl 567 esters. 568 (13)(15)“Biodiesel manufacturer” means those industrial 569 plants, regardless of capacity, where organic products are used 570 in the production of biodiesel. This includes businesses that 571 process or blend organic products that are marketed as 572 biodiesel. 573 Section 5. Paragraph (a) of subsection (1) of section 574 206.87, Florida Statutes, is amended to read: 575 206.87 Levy of tax.— 576 (1)(a) An excise tax of 4 cents per gallon ishereby577 imposed upon each net gallon of diesel fuel subject to the tax 578 under subsection (2), except alternative fuels which are subject579to the fee imposed by s.206.877. 580 Section 6. Section 206.877, Florida Statutes, is repealed. 581 Section 7. Section 206.89, Florida Statutes, is repealed. 582 Section 8. Subsection (1) of section 206.91, Florida 583 Statutes, is amended to read: 584 206.91 Tax reports; computation and payment of tax.— 585 (1) For the purpose of determining the amount of taxes 586 imposed by s. 206.87, each diesel fuel registrant shall, not 587 later than the 20th day of each calendar month, mail to the 588 department, on forms prescribed by the department, monthly 589 reports that providewhich shall show suchinformation on 590 inventories, purchases, nontaxable disposals, and taxable sales 591 in gallons of diesel fueland alternative fuel,for the 592 preceding calendar monthas may berequired by the department. 593 However, if the 20th day falls on a Saturday, a Sunday, or a 594 federal or state legal holiday, returns shall be accepted if 595 postmarked on the next succeeding workday. The reports must 596 include,shall containor be verified by, a written declaration 597 stating that they aresuch report ismade under the penalties of 598 perjury. The diesel fuel registrant shall deduct from the amount 599 of taxes shown by the report to be payable an amount equivalent 600 to .67 percent of the taxes on diesel fuel imposed by s. 601 206.87(1)(a) and (e), which deduction isherebyallowed to the 602 diesel fuel registrant on account of services and expenses in 603 complying with the provisions of this part. The allowance on 604 taxable gallons of diesel fuel sold to persons licensed under 605 this chapter is notshall not bedeductible unless the diesel 606 fuel registrant has allowed 50 percent of the allowance provided 607 by this section to a purchaser with a valid wholesaler or 608 terminal supplier license. This allowance is notshallnot be609 deductible unless payment of the taxes is made on or before the 610 20th day of the month ashereinrequired in this subsection. 611Nothing inThis subsection does notshall be construed to612 authorize a deduction from the constitutional fuel tax or fuel 613 sales tax. 614 Section 9. Subsection (1) of section 206.9825, Florida 615 Statutes, is amended to read: 616 206.9825 Aviation fuel tax.— 617 (1)(a) Except as otherwise provided in this part, an excise 618 tax of 6.9 cents per gallon of aviation fuel is imposed upon 619 every gallon of aviation fuel sold in this state, or brought 620 into this state for use, upon which such tax has not been paid 621 or the payment thereof has not been lawfully assumed by some 622 person handling the same in this state. Fuel taxed pursuant to 623 this part shall not be subject to the taxes imposed by ss. 624 206.41(1)(d), (e), and (f) and 206.87(1)(b), (c), and (d). 625 (b) Anylicensed wholesaler or terminal supplier that626delivers aviation fuel to anair carrier that offersoffering627 transcontinental jet service and that has, within the preceding 628 5-year period from January 1 of the year the exemption is being 629 applied for, increased itsthat, after January 1, 1996,630increases the air carrier’sFlorida workforce by more than 1,000 6311000percent and by 250 or more full-time equivalent employee 632 positions as provided in reports that must be filed pursuant to 633 s. 443.163, may purchasereceive a credit or refund as the634ultimate vendor of theaviation fuel exempt fromforthe 6.9 635 cents per gallon tax imposed by this part from terminal 636 suppliers and wholesalers, provided that the air carrier has no 637 facility for fueling highway vehicles from the tank in which the 638 aviation fuel is stored. To qualify for the exemption, an air 639 carrier must submit a written request to the department stating 640 that it meets the requirements of this paragraph. The exemption 641 under this paragraph expires on December 31 of the year it was 642 granted. The exemption is not allowed for any period before the 643 effective date of the air carrier exemption letter issued by the 644 department. To renew the exemption, the air carrier must submit 645 a written request to the department stating that it meets the 646 requirements of this paragraph. Terminal suppliers and 647 wholesalers may receive a credit or may apply for a refund, as 648 the ultimate vendor of the 6.9 cents per gallon aviation fuel 649 tax previously paid, within 1 year after the date the right to 650 the refund has accruedexcise tax previously paid, provided that651the air carrier has no facility for fueling highway vehicles652from the tank in which the aviation fuel is stored. In 653 calculating the new or additional Florida full-time equivalent 654 employee positions, any full-time equivalent employee positions 655 of parent or subsidiary corporations which existed before the 656 preceding 5-year period from January 1 of the year the 657 application for exemption or renewal is being applied for, may 658January 1, 1996,shallnot be counted toward reaching the 659 Florida employment increase thresholds. The refund allowed under 660 this paragraph is in furtherance of the goals and policies of 661 the State Comprehensive Plan set forth in s. 187.201(16)(a), 662 (b)1., 2., (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1., 663 2., 4., 7., 9., and 12. 664 (c) If, during the 1-year period in which the exemption is 665 in placebefore July 1, 2001, the air carrier fails to maintain 666 the increase in its Florida workforce by more than 1,000 percent 667 and by 250 or more full-time equivalent employeesnumber of668full-time equivalent employee positions created or added to the669air carrier’s Florida workforce falls below 250, the exemption 670 granted pursuant to this section doesshallnot apply during the 671 period in which the air carrier was no longer qualified to 672 receive the exemptionhas fewer than the 250 additional673employees. 674 (d) The exemption taken by credit or refund pursuant to 675 paragraph (b) appliesshall applyonly under the terms and 676 conditions set forth in this paragraphtherein. If any part of 677 thethatparagraph is judicially declared to be unconstitutional 678 or invalid, the validity of any provisions taxing aviation fuel 679 isshallnotbeaffected and all fuel exempted pursuant to 680 paragraph (b) shall be subject to tax as if the exemption was 681 never enacted. EachEveryperson who benefitsbenefitingfrom 682 thesuchexemption isshall beliable for and must make payment 683 of all taxes for which a credit or refund was granted. 684 (e) The department may adopt rules to administer this 685 subsection. 686 Section 10. The Division of Law Revision and Information is 687 requested to create part V of chapter 206, Florida Statutes, 688 consisting of ss. 206.9951-206.998, entitled “NATURAL GAS FUEL.” 689 Section 11. Section 206.9951, Florida Statutes, is created 690 to read: 691 206.9951 Definitions.—As used in this part, the term: 692 (1) “Motor fuel equivalent gallon” means the volume of 693 natural gas fuel it takes to equal the energy content of 1 694 gallon of motor fuel. 695 (2) “Natural gas fuel” means any liquefied petroleum gas 696 product, compressed natural gas product, or combination thereof 697 used in a motor vehicle as defined in s. 206.01(23). This term 698 includes, but is not limited to, all forms of fuel commonly or 699 commercially known or sold as natural gasoline, butane gas, 700 propane gas, or any other form of liquefied petroleum gas, 701 compressed natural gas, or liquefied natural gas. The term does 702 not include natural gas or liquefied petroleum placed in a 703 separate tank of a motor vehicle for cooking, heating, water 704 heating, or electric generation. 705 (3) “Natural gas fuel retailer” means any person who sells 706 natural gas fuel for use in a motor vehicle as defined in s. 707 206.01(23). 708 (4) “Natural gasoline” is a liquid hydrocarbon that is 709 produced by natural gas and must be blended with other liquid 710 petroleum products to produce motor fuel. 711 (5) “Person” means a natural person, corporation, 712 copartnership, firm, company, agency, or association; a state 713 agency; a federal agency; or a political subdivision of the 714 state. 715 Section 12. Section 206.9952, Florida Statutes, is created 716 to read: 717 206.9952 Application for license as a natural gas fuel 718 retailer.— 719 (1) It is unlawful for any person to engage in business as 720 a natural gas fuel retailer within this state unless he or she 721 is the holder of a valid license issued by the department to 722 engage in such business. 723 (2) A person who has facilities for placing natural gas 724 fuel into the supply system of an internal combustion engine 725 fueled by individual portable containers of 10 gallons or less 726 is not required to be licensed as a natural gas fuel retailer, 727 provided that the fuel is only used for exempt purposes. 728 (3)(a) Any person who acts as a natural gas retailer and 729 does not hold a valid natural gas fuel retailer license shall 730 pay a penalty of $200 for each month of operation without a 731 license. This paragraph expires December 31, 2018. 732 (b) Effective January 1, 2019, any person who acts as a 733 natural gas fuel retailer and does not hold a valid natural gas 734 fuel retailer license shall pay a penalty of 25 percent of the 735 tax assessed on the total purchases made during the unlicensed 736 period. 737 (4) To procure a natural gas fuel retailer license, a 738 person shall file an application and a bond with the department 739 on a form prescribed by the department. The department may not 740 issue a license upon the receipt of any application unless it is 741 accompanied by a bond. 742 (5) When a natural gas fuel retailer license application is 743 filed by a person whose previous license was canceled for cause 744 by the department or the department believes that such 745 application was not filed in good faith or is filed by another 746 person as a subterfuge for the actual person in interest whose 747 previous license has been canceled, the department may, if 748 evidence warrants, refuse to issue a license for such an 749 application. 750 (6) Upon the department’s issuance of a natural gas fuel 751 retailer license, such license remains in effect so long as the 752 natural gas fuel retailer is in compliance with the requirements 753 of this part. 754 (7) Such license may not be assigned and is valid only for 755 the natural gas fuel retailer in whose name the license is 756 issued. The license shall be displayed conspicuously by the 757 natural gas fuel retailer in the principal place of business for 758 which the license was issued. 759 (8) With the exception of a state or federal agency or a 760 political subdivision licensed under this chapter, each person, 761 as defined in this part, who operates as a natural gas fuel 762 retailer shall report monthly to the department and pay a tax on 763 all natural gas fuel purchases beginning January 1, 2019. 764 (9) The license application requires a license fee of $5. 765 Each license shall be renewed annually by submitting a 766 reapplication and the license fee to the department. The license 767 fee shall be paid to the department for deposit into the General 768 Revenue Fund. 769 Section 13. Section 206.9955, Florida Statutes, is created 770 to read: 771 206.9955 Levy of natural gas fuel tax.— 772 (1) The motor fuel equivalent gallon means the following 773 for: 774 (a) Compressed natural gas gallon: 5.66 pounds, or per each 775 126.67 cubic feet. 776 (b) Liquefied natural gas gallon: 6.22 pounds. 777 (c) Liquefied petroleum gas gallon: 1.35 gallons. 778 (2) Effective January 1, 2019, the following taxes shall be 779 imposed: 780 (a) An excise tax of 4 cents upon each motor fuel 781 equivalent gallon of natural gas fuel. 782 (b) An additional tax of 1 cent upon each motor fuel 783 equivalent gallon of natural gas fuel, which is designated as 784 the “ninth-cent fuel tax.” 785 (c) An additional tax of 6 cents on each motor fuel 786 equivalent gallon of natural gas fuel by each county, which is 787 designated as the “local option fuel tax.” 788 (d) An additional tax on each motor fuel equivalent gallon 789 of natural gas fuel, which is designated as the “State 790 Comprehensive Enhanced Transportation System Tax,” at a rate 791 determined pursuant to this paragraph. Each calendar year, the 792 department shall determine the tax rate applicable to the sale 793 of natural gas fuel for the following 12-month period beginning 794 January 1, rounded to the nearest tenth of a cent, by adjusting 795 the initially established tax rate of 7.1 cents per gallon by 796 the percentage change in the average of the Consumer Price Index 797 issued by the United States Department of Labor for the most 798 recent 12-month period ending September 30. 799 (e)1. An additional tax is imposed on each motor fuel 800 equivalent gallon of natural gas fuel for the privilege of 801 selling natural gas fuel and is designated as the “fuel sales 802 tax.” Each calendar year, the department shall determine the tax 803 rate applicable to the sale of natural gas fuel, rounded to the 804 nearest tenth of a cent, for the following 12-month period 805 beginning January 1. The tax rate is calculated by adjusting the 806 initially established tax rate of 12.9 cents per gallon by the 807 percentage change in the average of the Consumer Price Index 808 issued by the United States Department of Labor for the most 809 recent 12-month period ending September 30. 810 2. The department is authorized to adopt rules and publish 811 forms to administer this paragraph. 812 (3) Unless otherwise provided by this chapter, the taxes 813 specified in subsection (2) are imposed on natural gas fuel when 814 it is placed into the fuel supply tank of a motor vehicle as 815 defined in s. 206.01(23). The person liable for payment of the 816 taxes imposed by this section is the person selling the fuel to 817 the end user, for use in the fuel supply tank of a motor vehicle 818 as defined in s. 206.01(23). 819 Section 14. Section 206.996, Florida Statutes, is created 820 to read: 821 206.996 Monthly reports by natural gas fuel retailers; 822 deductions.— 823 (1) For the purpose of determining the amount of taxes 824 imposed by s. 206.9955, each natural gas fuel retailer shall 825 file beginning February 2019, and each month thereafter, no 826 later than the 20th day of each month, monthly reports 827 electronically with the department showing information on 828 inventory, purchases, nontaxable disposals, and taxable sales in 829 gallons of natural gas fuel for the preceding month. However, if 830 the 20th day of the month falls on a Saturday, Sunday, or 831 federal or state legal holiday, a return must be accepted if it 832 is electronically filed on the next succeeding business day. The 833 reports must include, or be verified by, a written declaration 834 stating that such report is made under the penalties of perjury. 835 The natural gas fuel retailer shall deduct from the amount of 836 taxes shown by the report to be payable an amount equivalent to 837 0.67 percent of the taxes on natural gas fuel imposed by s. 838 206.9955(2)(a) and (e), which deduction is allowed to the 839 natural gas fuel retailer to compensate it for services rendered 840 and expenses incurred in complying with the requirements of this 841 part. This allowance is not deductible unless payment of 842 applicable taxes is made on or before the 20th day of the month. 843 This subsection may not be construed as authorizing a deduction 844 from the constitutional fuel tax or the fuel sales tax. 845 (2) Upon the electronic filing of the monthly report, each 846 natural gas fuel retailer shall pay the department the full 847 amount of natural gas fuel taxes for the preceding month at the 848 rate provided in s. 206.9955, less the amount allowed the 849 natural gas fuel retailer for services and expenses as provided 850 in subsection (1). 851 (3) The department may authorize a quarterly return and 852 payment of taxes when the taxes remitted by the natural gas fuel 853 retailer for the preceding quarter did not exceed $100, and the 854 department may authorize a semiannual return and payment of 855 taxes when the taxes remitted by the natural gas fuel retailer 856 for the preceding 6 months did not exceed $200. 857 (4) In addition to the allowance authorized by subsection 858 (1), every natural gas fuel retailer is entitled to a deduction 859 of 1.1 percent of the taxes imposed under s. 206.9955(2)(b) and 860 (c), on account of services and expenses incurred due to 861 compliance with the requirements of this part. This allowance 862 may not be deductible unless payment of the tax is made on or 863 before the 20th day of the month. 864 Section 15. Section 206.9965, Florida Statutes, is created 865 to read: 866 206.9965 Exemptions and refunds; natural gas fuel 867 retailers.—Natural gas fuel may be purchased from natural gas 868 fuel retailers exempt from the tax imposed by this part when 869 used or purchased for the following: 870 (1) Exclusive use by the United States or its departments 871 or agencies. Exclusive use by the United States or its 872 departments and agencies means the consumption by the United 873 States or its departments or agencies of the natural gas fuel in 874 a motor vehicle as defined in s. 206.01(23). 875 (2) Use for agricultural purposes as defined in s. 876 206.41(4)(c). 877 (3) Uses as provided in s. 206.874(3). 878 (4) Used to propel motor vehicles operated by state and 879 local government agencies. 880 (5) Individual use resulting from residential refueling 881 devices located at a person’s primary residence. 882 (6) Purchases of natural gas fuel between licensed natural 883 gas fuel retailers. A natural gas fuel retailer that sells tax 884 paid natural gas fuel to another natural gas fuel retailer may 885 take a credit on its monthly return or may file a claim for 886 refund with the Chief Financial Officer pursuant to s. 215.26. 887 All sales of natural gas fuel between natural gas fuel retailers 888 must be documented on invoices or other evidence of the sale of 889 such fuel and the seller shall retain a copy of the purchaser’s 890 natural gas fuel retailer license. 891 Section 16. Section 206.879, Florida Statutes, is 892 transferred and renumbered as section 206.997, Florida Statutes, 893 and amended to read: 894 206.997206.879State and local alternative fuel user fee 895 clearing trust funds; distribution.— 896(1)Notwithstanding the provisions of s. 206.875, the 897 revenues from the natural gas fuel tax imposed by s. 206.9955 898state alternative fuel fees imposed by s.206.877shall be 899 deposited into the State Alternative Fuel User Fee Clearing 900 Trust Fund, which is hereby created. After deducting the service 901 charges provided in s. 215.20, the proceeds in this trust fund 902 shall be distributed as follows: one-half of the proceeds in 903 calendar year 2019 andone-fifth of the proceeds in calendar904year 1991, one-third of the proceeds in calendar year 1992,905three-sevenths of the proceeds in calendar year 1993, and one906half of the proceeds in each calendar yearthereafter shall be 907 transferred to the State Transportation Trust Fund; the 908 remainder shall be distributed as follows: 50 percent shall be 909 transferred to the State Board of Administration for 910 distribution according to the provisions of s. 16, Art. IX of 911 the State Constitution of 1885, as amended; 25 percent shall be 912 transferred to the Revenue Sharing Trust Fund for 913 Municipalities; and the remaining 25 percent shall be 914 distributed using the formula contained in s. 206.60(1). 915(2) Notwithstanding the provisions of s.206.875, the916revenues from the local alternative fuel fees imposed in lieu of917s.206.87(1)(b) or (c) shall be deposited into The Local918Alternative Fuel User Fee Clearing Trust Fund, which is hereby919created. After deducting the service charges provided in s.920215.20, the proceeds in this trust fund shall be returned921monthly to the appropriate county.922 Section 17. (1) The Local Alternative Fuel User Fee 923 Clearing Trust Fund within the Department of Revenue is 924 terminated. 925 (2) The Department of Revenue shall pay any outstanding 926 debts or obligations of the terminated fund as soon as 927 practicable, and the Chief Financial Officer shall close out and 928 remove the terminated fund from various state accounting systems 929 using generally accepted accounting principles concerning 930 warrants outstanding, assets, and liabilities. 931 Section 18. Section 206.998, Florida Statutes, is created 932 to read: 933 206.998 Applicability of specified sections of parts I and 934 II.—The provisions of ss. 206.01, 206.02, 206.025, 206.026, 935 206.027, 206.028, 206.03, 206.05, 206.055, 206.06, 206.07, 936 206.075, 206.09, 206.10, 206.11, 206.12, 206.13, 206.14, 206.15, 937 206.16, 206.17, 206.175, 206.18, 206.199, 206.20, 206.204, 938 206.205, 206.21, 206.215, 206.22, 206.23, 206.24, 206.25, 939 206.27, 206.28, 206.405, 206.406, 206.41, 206.413, 206.43, 940 206.44, 206.48, 206.485, 206.49, 206.56, 206.59, 206.606, 941 206.608, and 206.61 of part I of this chapter and ss. 206.86, 942 206.872, 206.874, 206.8745, 206.88, 206.90, and 206.93 of part 943 II of this chapter shall, as far as lawful or practicable, be 944 applicable to the tax levied and imposed and to the collection 945 thereof as if fully set out in this part. However, any provision 946 of any such section does not apply if it conflicts with any 947 provision of this part. 948 Section 19. Paragraph (d) of subsection (2) of section 949 212.055, Florida Statutes, is amended to read: 950 212.055 Discretionary sales surtaxes; legislative intent; 951 authorization and use of proceeds.—It is the legislative intent 952 that any authorization for imposition of a discretionary sales 953 surtax shall be published in the Florida Statutes as a 954 subsection of this section, irrespective of the duration of the 955 levy. Each enactment shall specify the types of counties 956 authorized to levy; the rate or rates which may be imposed; the 957 maximum length of time the surtax may be imposed, if any; the 958 procedure which must be followed to secure voter approval, if 959 required; the purpose for which the proceeds may be expended; 960 and such other requirements as the Legislature may provide. 961 Taxable transactions and administrative procedures shall be as 962 provided in s. 212.054. 963 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— 964 (d) The proceeds of the surtax authorized by this 965 subsection and any accrued interest shall be expended by the 966 school district, within the county and municipalities within the 967 county, or, in the case of a negotiated joint county agreement, 968 within another county, to finance, plan, and construct 969 infrastructure; to acquire land for public recreation, 970 conservation, or protection of natural resources; to provide 971 loans, grants, or rebates to residential or commercial property 972 owners who make energy efficiency improvements to their 973 residential or commercial property, if a local government 974 ordinance authorizing such use is approved by referendum; or to 975 finance the closure of county-owned or municipally owned solid 976 waste landfills that have been closed or are required to be 977 closed by order of the Department of Environmental Protection. 978 Any use of the proceeds or interest for purposes of landfill 979 closure before July 1, 1993, is ratified. The proceeds and any 980 interest may not be used for the operational expenses of 981 infrastructure, except that a county that has a population of 982 fewer than 75,000 and that is required to close a landfill may 983 use the proceeds or interest for long-term maintenance costs 984 associated with landfill closure. Counties, as defined in s. 985 125.011, and charter counties may, in addition, use the proceeds 986 or interest to retire or service indebtedness incurred for bonds 987 issued before July 1, 1987, for infrastructure purposes, and for 988 bonds subsequently issued to refund such bonds. Any use of the 989 proceeds or interest for purposes of retiring or servicing 990 indebtedness incurred for refunding bonds before July 1, 1999, 991 is ratified. 992 1. For the purposes of this paragraph, the term 993 “infrastructure” means: 994 a. Any fixed capital expenditure or fixed capital outlay 995 associated with the construction, reconstruction, or improvement 996 of public facilities that have a life expectancy of 5 or more 997 years and any related land acquisition, land improvement, 998 design, and engineering costs. 999 b. A fire department vehicle, an emergency medical service 1000 vehicle, a sheriff’s office vehicle, a police department 1001 vehicle, or any other vehicle, and the equipment necessary to 1002 outfit the vehicle for its official use or equipment that has a 1003 life expectancy of at least 5 years. 1004 c. Any expenditure for the construction, lease, or 1005 maintenance of, or provision of utilities or security for, 1006 facilities, as defined in s. 29.008. 1007 d. Any fixed capital expenditure or fixed capital outlay 1008 associated with the improvement of private facilities that have 1009 a life expectancy of 5 or more years and that the owner agrees 1010 to make available for use on a temporary basis as needed by a 1011 local government as a public emergency shelter or a staging area 1012 for emergency response equipment during an emergency officially 1013 declared by the state or by the local government under s. 1014 252.38. Such improvements are limited to those necessary to 1015 comply with current standards for public emergency evacuation 1016 shelters. The owner must enter into a written contract with the 1017 local government providing the improvement funding to make the 1018 private facility available to the public for purposes of 1019 emergency shelter at no cost to the local government for a 1020 minimum of 10 years after completion of the improvement, with 1021 the provision that the obligation will transfer to any 1022 subsequent owner until the end of the minimum period. 1023 e. Any land acquisition expenditure for a residential 1024 housing project in which at least 30 percent of the units are 1025 affordable to individuals or families whose total annual 1026 household income does not exceed 120 percent of the area median 1027 income adjusted for household size, if the land is owned by a 1028 local government or by a special district that enters into a 1029 written agreement with the local government to provide such 1030 housing. The local government or special district may enter into 1031 a ground lease with a public or private person or entity for 1032 nominal or other consideration for the construction of the 1033 residential housing project on land acquired pursuant to this 1034 sub-subparagraph. 1035 2. For the purposes of this paragraph, the term “energy 1036 efficiency improvement” means any energy conservation and 1037 efficiency improvement that reduces consumption through 1038 conservation or a more efficient use of electricity, natural 1039 gas, propane, or other forms of energy on the property, 1040 including, but not limited to, air sealing; installation of 1041 insulation; installation of energy-efficient heating, cooling, 1042 or ventilation systems; installation of solar panels; building 1043 modifications to increase the use of daylight or shade; 1044 replacement of windows; installation of energy controls or 1045 energy recovery systems; installation of electric vehicle 1046 charging equipment; installation of systems for natural gas fuel 1047 as defined in s. 206.9951; and installation of efficient 1048 lighting equipment. 1049 3. Notwithstanding any other provision of this subsection, 1050 a local government infrastructure surtax imposed or extended 1051 after July 1, 1998, may allocate up to 15 percent of the surtax 1052 proceeds for deposit intoina trust fund within the county’s 1053 accounts created for the purpose of funding economic development 1054 projects having a general public purpose of improving local 1055 economies, including the funding of operational costs and 1056 incentives related to economic development. The ballot statement 1057 must indicate the intention to make an allocation under the 1058 authority of this subparagraph. 1059 Section 20. Subsection (4) of section 212.08, Florida 1060 Statutes, is amended to read: 1061 212.08 Sales, rental, use, consumption, distribution, and 1062 storage tax; specified exemptions.—The sale at retail, the 1063 rental, the use, the consumption, the distribution, and the 1064 storage to be used or consumed in this state of the following 1065 are hereby specifically exempt from the tax imposed by this 1066 chapter. 1067 (4) EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC.— 1068 (a) Also exempt are: 1069 1. Water delivered to the purchaser through pipes or 1070 conduits or delivered for irrigation purposes. The sale of 1071 drinking water in bottles, cans, or other containers, including 1072 water that contains minerals or carbonation in its natural state 1073 or water to which minerals have been added at a water treatment 1074 facility regulated by the Department of Environmental Protection 1075 or the Department of Health, is exempt. This exemption does not 1076 apply to the sale of drinking water in bottles, cans, or other 1077 containers if carbonation or flavorings, except those added at a 1078 water treatment facility, have been added. Water that has been 1079 enhanced by the addition of minerals and that does not contain 1080 any added carbonation or flavorings is also exempt. 1081 2. All fuels used by a public or private utility, including 1082 any municipal corporation or rural electric cooperative 1083 association, in the generation of electric power or energy for 1084 sale. Fuel other than motor fuel and diesel fuel is taxable as 1085 provided in this chapter with the exception of fuel expressly 1086 exempt herein. Natural gas fuel as defined in s. 206.9951(2) is 1087 exempt from the tax imposed by this chapter when placed into the 1088 fuel supply system of a motor vehicle. Motor fuels and diesel 1089 fuels are taxable as provided in chapter 206, with the exception 1090 of those motor fuels and diesel fuels used by railroad 1091 locomotives or vessels to transport persons or property in 1092 interstate or foreign commerce, which are taxable under this 1093 chapter only to the extent provided herein. The basis of the tax 1094 shall be the ratio of intrastate mileage to interstate or 1095 foreign mileage traveled by the carrier’s railroad locomotives 1096 or vessels that were used in interstate or foreign commerce and 1097 that had at least some Florida mileage during the previous 1098 fiscal year of the carrier, such ratio to be determined at the 1099 close of the fiscal year of the carrier. However, during the 1100 fiscal year in which the carrier begins its initial operations 1101 in this state, the carrier’s mileage apportionment factor may be 1102 determined on the basis of an estimated ratio of anticipated 1103 miles in this state to anticipated total miles for that year, 1104 and subsequently, additional tax shall be paid on the motor fuel 1105 and diesel fuels, or a refund may be applied for, on the basis 1106 of the actual ratio of the carrier’s railroad locomotives’ or 1107 vessels’ miles in this state to its total miles for that year. 1108 This ratio shall be applied each month to the total Florida 1109 purchases made in this state of motor and diesel fuels to 1110 establish that portion of the total used and consumed in 1111 intrastate movement and subject to tax under this chapter. The 1112 basis for imposition of any discretionary surtax shall be set 1113 forth in s. 212.054. Fuels used exclusively in intrastate 1114 commerce do not qualify for the proration of tax. 1115 3. The transmission or wheeling of electricity. 1116 (b) Alcoholic beverages and malt beverages are not exempt. 1117 The terms “alcoholic beverages” and “malt beverages” as used in 1118 this paragraph have the same meanings ascribed to them in ss. 1119 561.01(4) and 563.01, respectively. It is determined by the 1120 Legislature that the classification of alcoholic beverages made 1121 in this paragraph for the purpose of extending the tax imposed 1122 by this chapter is reasonable and just, and it is intended that 1123 such tax be separate from, and in addition to, any other tax 1124 imposed on alcoholic beverages. 1125 Section 21. Subsection (3) of section 316.530, Florida 1126 Statutes, is repealed. 1127 Section 22. Subsection (3) of section 316.545, Florida 1128 Statutes, is amended to read: 1129 316.545 Weight and load unlawful; special fuel and motor 1130 fuel tax enforcement; inspection; penalty; review.— 1131 (3) Any person who violates the overloading provisions of 1132 this chapter shall be conclusively presumed to have damaged the 1133 highways of this state by reason of such overloading, which 1134 damage is hereby fixed as follows: 1135 (a) IfWhenthe excess weight is 200 pounds or less than 1136 the maximumhereinprovided by this chapter, the penalty is 1137shall be$10; 1138 (b) Five cents per pound for each pound of weight in excess 1139 of the maximumhereinprovided in this chapter ifwhenthe 1140 excess weight exceeds 200 pounds. However, ifwheneverthe gross 1141 weight of the vehicle or combination of vehicles does not exceed 1142 the maximum allowable gross weight, the maximum fine for the 1143 first 600 pounds of unlawful axle weight isshall be$10; 1144 (c) For a vehicle equipped with fully functional idle 1145 reduction technology, any penalty shall be calculated by 1146 reducing the actual gross vehicle weight or the internal bridge 1147 weight by the certified weight of the idle-reduction technology 1148 or by 550400pounds, whichever is less. The vehicle operator 1149 must present written certification of the weight of the idle 1150 reduction technology and must demonstrate or certify that the 1151 idle-reduction technology is fully functional at all times. This 1152 calculation is not allowed for vehicles described in s. 1153 316.535(6); 1154 (d) An apportioned motor vehicle, as defined in s. 320.01, 1155 operating on the highways of this state without being properly 1156 licensed and registered shall be subject to the penalties as 1157hereinprovided in this section; and 1158 (e) Vehicles operating on the highways of this state from 1159 nonmember International Registration Plan jurisdictions which 1160 are not in compliance with the provisions of s. 316.605 shall be 1161 subject to the penalties ashereinprovided in this section. 1162 Section 23. Section 331.360, Florida Statutes, is reordered 1163 and amended to read: 1164 331.360Joint participation agreement or assistance;1165 Spaceport systemmasterplan.— 1166 (2)(1)It shall be the duty, function, and responsibility1167ofThe department shallof Transportationtopromote the further 1168 development and improvement of aerospace transportation 1169 facilities; to address intermodal requirements and impacts of 1170 the launch ranges, spaceports, and other space transportation 1171 facilities; to assist in the development of joint-use facilities 1172 and technology that support aviation and aerospace operations; 1173 to coordinate and cooperate in the development of spaceport 1174 infrastructure and related transportation facilities contained 1175 in the Strategic Intermodal System Plan; to encourage, where 1176 appropriate, the cooperation and integration of airports and 1177 spaceports in order to meet transportation-related needs; and to 1178 facilitate and promote cooperative efforts between federal and 1179 state government entities to improve space transportation 1180 capacity and efficiency. In carrying out this duty and 1181 responsibility, the department may assist and advise, cooperate 1182 with, and coordinate with federal, state, local, or private 1183 organizations and individuals. The department may 1184 administratively house its space transportation responsibilities 1185 within an existing division or office. 1186 (3)(2)Notwithstanding any other provision of law, the 1187 departmentof Transportationmay enter into ana joint1188participationagreement with, or otherwise assist, Space Florida 1189 as necessary to effectuate the provisions of this chapter and 1190 may allocate funds for such purposes in its 5-year work program. 1191 However, the department may not fund the administrative or 1192 operational costs of Space Florida. 1193 (1)(3)Space Florida shall develop a spaceport system 1194masterplan that identifies statewide spaceport goals and the 1195 need for expansion and modernization of space transportation 1196 facilities within spaceport territories as defined in s. 1197 331.303. The plan mustshallcontain recommended projects that 1198tomeet current and future commercial, national, and state space 1199 transportation requirements. Space Florida shall submit the plan 1200 to eachanyappropriate metropolitan planning organization for 1201 review of intermodal impacts. Space Florida shall submit the 1202 spaceport systemmasterplan to the departmentof1203Transportation, which may include those portions of the system 1204 plan which are relevant to the Department of Transportation’s 1205 missionandsuch plan may be includedwithin the department’s 5 1206 year work program of qualifying projectsaerospace discretionary1207capacity improvement under subsection (4). The plan mustshall1208 identify appropriate funding levels for each projectand include1209recommendations on appropriate sources of revenue that may be1210developed to contribute to the State Transportation Trust Fund. 1211 (4)(a) Beginning in fiscal year 2013-2014, a minimum of $15 1212 million annually is authorized to be made available from the 1213 State Transportation Trust Fund to fund space transportation 1214 projects. The funds for this initiative shall be from the funds 1215 dedicated to public transportation projects pursuant to s. 1216 206.46(3). 1217 (b) Before executing an agreement, Space Florida must 1218 provide project-specific information to the department in order 1219 to demonstrate that the project includes transportation and 1220 aerospace benefits. The project-specific information must 1221 include, but need not be limited to: 1222 1. The description, characteristics, and scope of the 1223 project. 1224 2. The funding sources for and costs of the project. 1225 3. The financing considerations that emphasize federal, 1226 local, and private participation. 1227 4. A financial feasibility and risk analysis, including a 1228 description of the efforts to protect the state’s investment and 1229 to ensure that project goals are realized. 1230 5. A demonstration that the project will encourage, 1231 enhance, or create economic benefits for the state. 1232 (c) The department may fund up to 50 percent of eligible 1233 project costs. If the project meets the following criteria, the 1234 department may fund up to 100 percent of eligible project costs. 1235 The project must: 1236 1. Provide important access and on-spaceport capacity 1237 improvements; 1238 2. Provide capital improvements to strategically position 1239 the state to maximize opportunities in the aerospace industry or 1240 foster growth and development of a sustainable and world-leading 1241 aerospace industry in the state; 1242 3. Meet state goals of an integrated intermodal 1243 transportation system; and 1244 4. Demonstrate the feasibility and availability of matching 1245 funds through federal, local, or private partnersSubject to the1246availability of appropriated funds, the department may1247participate in the capital cost of eligible spaceport1248discretionary capacity improvement projects. The annual1249legislative budget request shall be based on the proposed1250funding requested for approved spaceport discretionary capacity1251improvement projects. 1252 Section 24. Subsection (11) is added to section 332.007, 1253 Florida Statutes, to read: 1254 332.007 Administration and financing of aviation and 1255 airport programs and projects; state plan.— 1256 (11) The department may fund strategic airport investment 1257 projects at up to 100 percent of the project’s cost if all the 1258 following criteria are met: 1259 (a) Important access and on-airport capacity improvements 1260 are provided. 1261 (b) Capital improvements that strategically position the 1262 state to maximize opportunities in international trade, 1263 logistics, and the aviation industry are provided. 1264 (c) Goals of an integrated intermodal transportation system 1265 for the state are achieved. 1266 (d) Feasibility and availability of matching funds through 1267 federal, local, or private partners are demonstrated. 1268 Section 25. Subsection (16) of section 334.044, Florida 1269 Statutes, is amended to read: 1270 334.044 Department; powers and duties.—The department shall 1271 have the following general powers and duties: 1272 (16) To plan, acquire, lease, construct, maintain, and 1273 operate toll facilities; to authorize the issuance and refunding 1274 of bonds; and to fix and collect tolls or other charges for 1275 travel on any such facilities. Effective July 1, 2013, and 1276 notwithstanding any other law to the contrary, the department 1277 may not enter into a lease-purchase agreement with an expressway 1278 authority, regional transportation authority, or other entity. 1279 This provision does not invalidate a lease-purchase agreement 1280 authorized under chapter 348 or chapter 2000-411, Laws of 1281 Florida, and existing as of July 1, 2013, and does not limit the 1282 department’s authority under s. 334.30. 1283 Section 26. Subsection (13) of section 337.11, Florida 1284 Statutes, is amended to read: 1285 337.11 Contracting authority of department; bids; emergency 1286 repairs, supplemental agreements, and change orders; combined 1287 design and construction contracts; progress payments; records; 1288 requirements of vehicle registration.— 1289 (13) Each contract let by the department for the 1290 performance of road or bridge construction or maintenance work 1291 shall requirecontain a provision requiring the contractor to1292provide proof to the department, in the form of a notarized1293affidavit from the contractor, thatall motor vehicles that the 1294 contractorhe or sheoperates or causes to be operated in this 1295 state to beareregistered in compliance with chapter 320. 1296 Section 27. Subsection (1) of section 337.14, Florida 1297 Statutes, is amended to read: 1298 337.14 Application for qualification; certificate of 1299 qualification; restrictions; request for hearing.— 1300 (1) AAnyperson who desiresdesiringto bid for the 1301 performance of any construction contract with a proposed budget 1302 estimate in excess of $250,000 which the department proposes to 1303 let must first be certified by the department as qualified 1304 pursuant to this section and rules of the department. The rules 1305 of the department mustshalladdress the qualification of a 1306 personpersonsto bid on construction contracts with a proposed 1307 budget estimate that is in excess of $250,000 and mustshall1308 include requirements with respect to the equipment, past record, 1309 experience, financial resources, and organizational personnel of 1310 the applicant necessary to perform the specific class of work 1311 for which the person seeks certification. The department may 1312 limit the dollar amount of any contract upon which a person is 1313 qualified to bid or the aggregate total dollar volume of 1314 contracts such person mayis allowed tohave under contract at 1315 any one time. Each applicant who seeksseekingqualification to 1316 bid on construction contracts with a proposed budget estimate in 1317 excess of $250,000 mustshallfurnish the department a statement 1318 under oath, on such forms as the department may prescribe, 1319 setting forth detailed information as required on the 1320 application. Each application for certification mustshallbe 1321 accompanied by the latest annual financial statement of the 1322 applicant completed within the last 12 months. If the 1323 application or the annual financial statement shows the 1324 financial condition of the applicant more than 4 months before 1325prior tothe date on which the application is received by the 1326 department,thenan interim financial statement must be 1327 submitted and be accompanied by an updated application. The 1328 interim financial statement must cover the period from the end 1329 date of the annual statement and must show the financial 1330 condition of the applicant no more than 4 months beforeprior to1331 the date the interim financial statement is received by the 1332 department. However, upon request by the applicant, an 1333 application and accompanying annual or interim financial 1334 statement received by the department within 15 days after either 1335 4-month period provided pursuant tounderthis subsection must 1336shallbe considered timely. Each required annual or interim 1337 financial statement must be audited and accompanied by the 1338 opinion of a certified public accountant. An applicant desiring 1339 to bid exclusively for the performance of construction contracts 1340 with proposed budget estimates of less than $1 million may 1341 submit reviewed annual or reviewed interim financial statements 1342 prepared by a certified public accountant. The information 1343 required by this subsection is confidential and exempt from the 1344 provisions of s. 119.07(1). The department shall act upon the 1345 application for qualification within 30 days after the 1346 department determines that the application is complete. The 1347 department may waive the requirements of this subsection for 1348 projects having a contract price of $500,000 or less if the 1349 department determines that the project is of a noncritical 1350 nature and the waiver will not endanger public health, safety, 1351 or property. 1352 Section 28. Subsection (2) of section 337.168, Florida 1353 Statutes, is amended to read: 1354 337.168 Confidentiality of official estimates, identities 1355 of potential bidders, and bid analysis and monitoring system.— 1356 (2) A document that revealsrevealingthe identity of a 1357 person who haspersons who haverequested or obtained a bid 1358 package, planpackages, plans, or specifications pertaining to 1359 any project to be let by the department is confidential and 1360 exempt from the provisions of s. 119.07(1) for the period that 1361whichbegins 2 working days beforeprior tothe deadline for 1362 obtaining bid packages, plans, or specifications and ends with 1363 the letting of the bid. A document that reveals the identity of 1364 a person who has requested or obtained a bid package, plan, or 1365 specifications pertaining to any project to be let by the 1366 department before the 2 working days before the deadline for 1367 obtaining bid packages, plans, or specifications remains a 1368 public record subject to the provisions of s. 119.07(1). 1369 Section 29. Subsection (2) of section 337.251, Florida 1370 Statutes, is amended to read: 1371 337.251 Lease of property for joint public-private 1372 development and areas above or below department property.— 1373 (2) The department may request proposals for the lease of 1374 such property or, if the department receives a proposal forto1375negotiatea lease of a particular department property that the 1376 department desires to consider, the department mustitshall1377 publish a notice in a newspaper of general circulation at least 1378 once a week for 2 weeks, stating that it has received the 1379 proposal and will accept, for 12060days after the date of 1380 publication, other proposals for lease of the particular 1381 propertyuse of the space. A copy of the notice must be mailed 1382 to each local government in the affected area. The department 1383 shall, by rule, establish an application fee for the submission 1384 of proposals pursuant to this section. The fee must be 1385 sufficient to pay the anticipated costs of evaluating the 1386 proposals. The department may engage the services of private 1387 consultants to assist in the evaluation. Before approval, the 1388 department must determine that the proposed lease: 1389 (a) Is in the public’s best interest; 1390 (b) Does not require state funds to be used; and 1391 (c) Has adequate safeguards in place to ensure that no 1392 additional costs are borne and no service disruptions are 1393 experienced by the traveling public and residents of the state 1394 in the event of default by the private lessee or upon 1395 termination or expiration of the lease. 1396 Section 30. Subsection (1) of section 337.408, Florida 1397 Statutes, is amended to read: 1398 337.408 Regulation of bus stops, benches, transit shelters, 1399 street light poles, waste disposal receptacles, and modular news 1400 racks within rights-of-way.— 1401 (1)(a) Benches or transit shelters, including advertising 1402 displayed on benches or transit shelters, may be installed 1403 within the right-of-way limits of any municipal, county, or 1404 state road, except a limited access highway, provided that the 1405suchbenches or transit shelters are for the comfort or 1406 convenience of the general public or are at designated stops on 1407 official bus routes and provided that written authorization has 1408 been given to a qualified private supplier of thesuchservice 1409 by the municipal government within whose incorporated limits the 1410suchbenches or transit shelters are installed or by the county 1411 government within whose unincorporated limits thesuchbenches 1412 or transit shelters are installed. A municipality or county may 1413 authorize the installation, without public bid, of benches and 1414 transit shelters together with advertising displayed thereon 1415 within the right-of-way limits of thesuchroads. All 1416 installations mustshallbe in compliance with all applicable 1417 laws and rules, including, without limitation, the Americans 1418 with Disabilities Act. A person who installs or has installed a 1419 transit shelter or a bus benchMunicipalities and counties that1420authorize or have authorized a bench or transit shelter to be1421installedwithin the right-of-way limits of any road on the 1422 State Highway System isshall beresponsible for ensuring that 1423 the bench or transit shelter complies with theallapplicable 1424 laws and rules, including, without limitation, the Americans 1425 with Disabilities Act, or shall remove the bench or transit 1426 shelter. The department is not liableshall have no liability1427 for any claims, losses, costs, charges, expenses, damages, 1428 liabilities, attorney fees, or court costs relating to the 1429 installation, removal, or relocation of any benches or transit 1430 shelters authorized by a municipality or county. If the 1431 department determines that a bench or transit shelter 1432 installation within the right-of-way limits of any road on the 1433 State Highway System does not comply with the applicable laws 1434 and rules, the owner of the bench or transit shelter shall 1435 remove the bench or transit shelter or bring the bench or 1436 shelter installation into compliance within 60 days after 1437 receiving notice from the department. If the bench or transit 1438 shelter is not removed, the department may, but is not required 1439 to, remove the bench or transit shelter and assess the cost of 1440 the removal against the owner of the bench or transit shelter. 1441 (b) On or before December 31, 2013, each owner of a bench 1442 or transit shelter installed at any location within the right 1443 of-way limits of any road on the State Highway System must 1444 provide to the department a written inventory of the location of 1445 each bench or transit shelter. On and after July 1, 2013, each 1446 owner of a new bench or transit shelter that will be installed 1447 within the right-of-way limits of any road on the State Highway 1448 System shall identify, in writing, the location of the new 1449 installation to the department before installing the bench or 1450 transit shelter. On or after January 1, 2014, the department 1451 may, but is not required to, remove any unidentified bench or 1452 transit shelter within the right-of-way limits of any road on 1453 the State Highway System, and assess the cost of removal against 1454 the owner of the bench or transit shelter. 1455 (c) On and after July 1, 20132012, a municipality or 1456 county that authorizes a bench or transit shelter to be 1457 installed within the right-of-way limits of any road on the 1458 State Highway System must require the qualified private 1459 supplier, or any other person under contract to install the 1460 bench or transit shelter, to indemnify, defend, and hold 1461 harmless the department from any suits, actions, proceedings, 1462 claims, losses, costs, charges, expenses, damages, liabilities, 1463 attorney fees, and court costs relating to the installation, 1464 removal, or relocation of such installations, and to maintain 1465 liability insurance in the minimum amount of $1 million with 1466 supplemental liability insurance in the minimum amount of an 1467 additional $4 million. Each insurance policy must name the 1468 department as an additional insured and a certificate of 1469 insurance shall be furnished to the department before the 1470 installation of any bench or transit shelter, and annually after 1471 the initial installation. The certificate of insurance must 1472 provide that the policy may not be modified, cancelled, or non 1473 renewed without providing to the department and to the 1474 municipality or county written notice 45 days before the 1475 modification, cancellation, or non-renewal. Each insurance 1476 policy must specifically include coverage for any alleged 1477 violation of applicable law, including, but not limited to, the 1478 Americans with Disabilities Act. The requirements of this 1479 paragraph do not apply to transit shelters installed by public 1480 transit providers at designated stops on official transit routes 1481shall annually certify to the department in a notarized signed1482statement that this requirement has been met.The certification1483shall include the name and address of each person responsible1484for indemnifying the department for an authorized installation.1485 (d) Municipalities and counties that have authorized the 1486 installation of benches or transit shelters within the right-of 1487 way limits of any road on the State Highway System must remove 1488 or relocate, or cause the removal or relocation of, the 1489 installation at no cost to the department within 60 days after 1490 written notice by the department that the installation is 1491 unreasonably interfering in any way with the convenient, safe, 1492 or continuous use of or the maintenance, improvement, extension, 1493 or expansion of the State Highway System road. 1494 (e) Any contract for the installation of benches or transit 1495 shelters or advertising on benches or transit shelters which was 1496 entered into before April 8, 1992, without public bidding is 1497 ratified and affirmed. TheSuchbenches or transit shelters may 1498 not interfere with right-of-way preservation and maintenance. 1499 (f) Any bench or transit shelter located on a sidewalk 1500 within the right-of-way limits of any road on the State Highway 1501 System or the county road system mustshallbe located so as to 1502 leave at least 36 inches of clearance for pedestrians and 1503 persons in wheelchairs. TheSuchclearance mustshallbe 1504 measured in a direction perpendicular to the centerline of the 1505 road. 1506 Section 31. Subsection (5) of section 338.161, Florida 1507 Statutes, is amended to read: 1508 338.161 Authority of department or toll agencies to 1509 advertise and promote electronic toll collection; expanded uses 1510 of electronic toll collection system; authority of department to 1511 collect tolls, fares, and fees for private and public entities.— 1512 (5) If the department finds that it can increase nontoll 1513 revenues or add convenience or other value for its customers, 1514 and if a public or private transportation facility owner agrees 1515 that its facility will become interoperable with the 1516 department’s electronic toll collection and video billing 1517 systems, the department mayis authorized toenter into an 1518 agreement with the owner of such facility under which the 1519 department usesprivate or public entities for the department’s1520use ofits electronic toll collection and video billing systems 1521 to collect and enforce for the owner tolls, fares, 1522 administrative fees, and other applicable charges dueimposedin 1523 connection with use of the owner’s facilitytransportation1524facilities of the private or public entities that become1525interoperable with the department’s electronic toll collection1526system. The department may modify its rules regarding toll 1527 collection procedures and the imposition of administrative 1528 charges to be applicable to toll facilities that are not part of 1529 the turnpike system or otherwise owned by the department. This 1530 subsection may not be construed to limit the authority of the 1531 department under any other provision of law or under any 1532 agreement entered into beforeprior toJuly 1, 2012. 1533 Section 32. Subsection (4) of section 338.165, Florida 1534 Statutes, is amended to read: 1535 338.165 Continuation of tolls.— 1536 (4) Notwithstanding any other law to the contrary, pursuant 1537 to s. 11, Art. VII of the State Constitution, and subject to the 1538 requirements of subsection (2), the Department of Transportation 1539 may request the Division of Bond Finance to issue bonds secured 1540 by toll revenues collected on the Alligator Alley, the Sunshine 1541 Skyway Bridge,the Beeline-East Expressway, the Navarre Bridge,1542 and the Pinellas Bayway to fund transportation projects located 1543 within the county or counties in which the revenue-producing 1544 project is located and contained in the adopted work program of 1545 the department. 1546 Section 33. Subsections (3) and (4) of section 338.26, 1547 Florida Statutes, are amended to read: 1548 338.26 Alligator Alley toll road.— 1549 (3) Fees generated from tolls shall be deposited in the 1550 State Transportation Trust Fund, and any amount of funds 1551 generated annually in excess of that required to reimburse 1552 outstanding contractual obligations, to operate and maintain the 1553 highway and toll facilities, including reconstruction and 1554 restoration, to pay for those projects that are funded with 1555 Alligator Alley toll revenues and that are contained in the 1556 1993-1994 adopted work program or the 1994-1995 tentative work 1557 program submitted to the Legislature on February 22, 1994, and 1558 to design and constructdevelop and operatea fire station at 1559 mile marker 63 on Alligator Alley, which may be used by Collier 1560 County or other appropriate local governmental entity to provide 1561 fire, rescue, and emergency management servicesto the adjacent1562countiesalong Alligator Alley, may be transferred to the 1563 Everglades Fund of the South Florida Water Management District 1564 in accordance with the memorandum of understanding of June 30, 1565 1997, between the district and the department. The South Florida 1566 Water Management District shall deposit funds for projects 1567 undertaken pursuant to s. 373.4592 in the Everglades Trust Fund 1568 pursuant to s. 373.45926(4)(a). Any funds remaining in the 1569 Everglades Fund may be used for environmental projects to 1570 restore the natural values of the Everglades, subject to 1571 compliance with any applicable federal laws and regulations. 1572 Projects mustshallbe limited to: 1573 (a) Highway redesign to allow for improved sheet flow of 1574 water across the southern Everglades. 1575 (b) Water conveyance projects to enable more water 1576 resources to reach Florida Bay to replenish marine estuary 1577 functions. 1578 (c) Engineering design plans for wastewater treatment 1579 facilities as recommended in the Water Quality Protection 1580 Program Document for the Florida Keys National Marine Sanctuary. 1581 (d) Acquisition of lands to move STA 3/4 out of the Toe of 1582 the Boot, provided such lands are located within 1 mile of the 1583 northern border of STA 3/4. 1584 (e) Other Everglades Construction Projects as described in 1585 the February 15, 1994, conceptual design document. 1586(4) The district may issue revenue bonds or notes under s.1587373.584and pledge the revenue from the transfers from the1588Alligator Alley toll revenues as security for such bonds or1589notes. The proceeds from such revenue bonds or notes shall be1590used for environmental projects; at least 50 percent of said1591proceeds must be used for projects that benefit Florida Bay, as1592described in this section subject to resolutions approving such1593activity by the Board of Trustees of the Internal Improvement1594Trust Fund and the governing board of the South Florida Water1595Management District and the remaining proceeds must be used for1596restoration activities in the Everglades Protection Area.1597 Section 34. Subsections (2) through (4) of section 339.175, 1598 Florida Statutes, are amended to read: 1599 339.175 Metropolitan planning organization.— 1600 (2) DESIGNATION.— 1601 (a)1. An M.P.O. shall be designated for each urbanized area 1602 of the state; however, this does not require that an individual 1603 M.P.O. be designated for each such area. The M.P.O.Such1604 designation shall be accomplished by agreement between the 1605 Governor and units of general-purpose local government that 1606 together representrepresentingat least 75 percent of the 1607 population, including the largest incorporated municipality, 1608 based on population,of the urbanized area; however, the unit of1609general-purpose local government that represents the central1610city or cities within the M.P.O. jurisdiction,as nameddefined1611 by the United States Bureau of the Census, must be a party to1612such agreement. 1613 2. To the extent possible, only one M.P.O. shall be 1614 designated for each urbanized area or group of contiguous 1615 urbanized areas. More than one M.P.O. may be designated within 1616 an existing urbanized area only if the Governor and the existing 1617 M.P.O. determine that the size and complexity of the existing 1618 urbanized area makes the designation of more than one M.P.O. for 1619 the area appropriate. 1620 (b) Each M.P.O. designated in a manner prescribed by Title 1621 23 of the United States Code shall be created and operated under 1622 the provisions of this section pursuant to an interlocal 1623 agreement entered into pursuant to s. 163.01. The signatories to 1624 the interlocal agreement shall be the department and the 1625 governmental entities designated by the Governor for membership 1626 on the M.P.O. Each M.P.O. shall be considered separate from the 1627 state or the governing body of a local government that is 1628 represented on the governing board of the M.P.O. or that is a 1629 signatory to the interlocal agreement creating the M.P.O. and 1630 shall have such powers and privileges that are provided under s. 1631 163.01. If there is a conflict between this section and s. 1632 163.01, this section prevails. 1633 (c) The jurisdictional boundaries of an M.P.O. shall be 1634 determined by agreement between the Governor and the applicable 1635 M.P.O. The boundaries must include at least the metropolitan 1636 planning area, which is the existing urbanized area and the 1637 contiguous area expected to become urbanized within a 20-year 1638 forecast period, and may encompass the entire metropolitan 1639 statistical area or the consolidated metropolitan statistical 1640 area. 1641 (d) In the case of an urbanized area designated as a 1642 nonattainment area for ozone or carbon monoxide under the Clean 1643 Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the 1644 metropolitan planning area in existence as of the date of 1645 enactment of this paragraph shall be retained, except that the 1646 boundaries may be adjusted by agreement of the Governor and 1647 affected metropolitan planning organizations in the manner 1648 described in this section. If more than one M.P.O. has authority 1649 within a metropolitan area or an area that is designated as a 1650 nonattainment area, each M.P.O. shall consult with other 1651 M.P.O.’s designated for such area and with the state in the 1652 coordination of plans and programs required by this section. 1653 (e) The governing body of the M.P.O. shall designate, at a 1654 minimum, a chair, vice chair, and agency clerk. The chair and 1655 vice chair shall be selected from among the member delegates 1656 comprising the governing board. The agency clerk shall be 1657 charged with the responsibility of preparing meeting minutes and 1658 maintaining agency records. The clerk shall be a member of the 1659 M.P.O. governing board, an employee of the M.P.O., or other 1660 natural person. 1661 1662 Each M.P.O. required under this section must be fully operative 1663 no later than 6 months following its designation. 1664 (3) VOTING MEMBERSHIP.— 1665 (a) The voting membership of an M.P.O. shall consist of not 1666 fewer than 5 or more than 19 apportioned members, the exact 1667 number to be determined on an equitable geographic-population 1668 ratiobasis by the Governor, based on an agreement among the 1669 affected units of general-purpose local government and the 1670 Governor as required by federalrules andregulations. The 1671 voting membership of an M.P.O. that is redesignated after the 1672 effective date of this act as a result of the expansion of the 1673 M.P.O. to include a new urbanized area or the consolidation of 1674 two or more M.P.O.’s within a single urbanized area may consist 1675 of no more than 25 members. The Governor, in accordance with 23 1676 U.S.C. s. 134, may also provide for M.P.O. members who represent 1677 municipalities to alternate with representatives from other 1678 municipalities within the metropolitan planning area that do not 1679 have members on the M.P.O. County commission members shall 1680 compose not less than one-third of the M.P.O. membership, except 1681 for an M.P.O. with more than 15 members located in a county with 1682 a 5-member county commission or an M.P.O. with 19 members 1683 located in a county with no more than 6 county commissioners, in 1684 which case county commission members may compose less than one 1685 third percent of the M.P.O. membership, but all county 1686 commissioners must be members. All voting members shall be 1687 elected officials of general-purpose local governments, except 1688 that an M.P.O. may include, as part of its apportioned voting 1689 members, a member of a statutorily authorized planning board, an 1690 official of an agency that operates or administers a major mode 1691 of transportation, or an official of Space Florida. As used in 1692 this section, the term “elected officials of a general-purpose 1693 local government” excludesshall excludeconstitutional 1694 officers, including sheriffs, tax collectors, supervisors of 1695 elections, property appraisers, clerks of the court, and similar 1696 types of officials. County commissioners shall compose not less 1697 than 20 percent of the M.P.O. membership if an official of an 1698 agency that operates or administers a major mode of 1699 transportation has been appointed to an M.P.O. 1700 (b) In metropolitan areas in which authorities or other 1701 agencies have been or may be created by law to perform 1702 transportation functions and are performing transportation 1703 functions that are not under the jurisdiction of a general 1704 purpose local government represented on the M.P.O., they may 1705shallbe provided voting membership on the M.P.O. In all other 1706 M.P.O.’s where transportation authorities or agencies are to be 1707 represented by elected officials from general-purpose local 1708 governments, the M.P.O. shall establish a process by which the 1709 collective interests of such authorities or other agencies are 1710 expressed and conveyed. 1711 (c) Any other provision of this section to the contrary 1712 notwithstanding, a chartered county with a population of more 1713 thanover1 millionpopulationmay elect to reapportion the 1714 membership of an M.P.O. whose jurisdiction is wholly within the 1715 county. The charter county may exercise the provisions of this 1716 paragraph if: 1717 1. The M.P.O. approves the reapportionment plan by a three 1718 fourths vote of its membership; 1719 2. The M.P.O. and the charter county determine that the 1720 reapportionment plan is needed to fulfill specific goals and 1721 policies applicable to that metropolitan planning area; and 1722 3. The charter county determines the reapportionment plan 1723 otherwise complies with all federal requirements pertaining to 1724 M.P.O. membership. 1725 1726 AAnycharter county that elects to exercise the provisions of 1727 this paragraph shall notify the Governor in writing. 1728 (d) Any other provision of this section to the contrary 1729 notwithstanding, aanycounty chartered under s. 6(e), Art. VIII 1730 of the State Constitution may elect to have its county 1731 commission serve as the M.P.O., if the M.P.O. jurisdiction is 1732 wholly contained within the county. AAnycharter county that 1733 elects to exercise the provisions of this paragraph shall so 1734 notify the Governor in writing. Upon receipt of thesuch1735 notification, the Governor must designate the county commission 1736 as the M.P.O. The Governor must appoint four additional voting 1737 members to the M.P.O., one of whom must be an elected official 1738 representing a municipality within the county, one of whom must 1739 be an expressway authority member, one of whom must be a person 1740 who does not hold elected public office and who resides in the 1741 unincorporated portion of the county, and one of whom must be a 1742 school board member. 1743 (4) APPORTIONMENT.— 1744 (a) Each M.P.O. in the state shall review the composition 1745 of its membership in conjunction with the decennial census, as 1746 prepared by the United States Department of Commerce, Bureau of 1747 the Census, and, with the agreement of the affected units of 1748 general-purpose local government and the Governor, reapportion 1749 the membership as necessary to comply with subsection (3)The1750Governor shall,with the agreement of the affected units of1751general-purpose local government as required by federal rules1752and regulations, apportion the membership on the applicable1753M.P.O. among the various governmental entities within the area. 1754 (b) At the request of a majority of the affected units of 1755 general-purpose local government comprising an M.P.O., the 1756 Governor and a majority of units of general-purpose local 1757 government serving on an M.P.O. shall cooperatively agree upon 1758 and prescribe who may serve as an alternate member and a method 1759 for appointing alternate members who may vote at any M.P.O. 1760 meeting that an alternate member attends in place of a regular 1761 member. The method mustshallbe set forth as a part of the 1762 interlocal agreement describing the M.P.O.’s membership or in 1763 the M.P.O.’s operating procedures and bylaws. The governmental 1764 entity so designated shall appoint the appropriate number of 1765 members to the M.P.O. from eligible officials. Representatives 1766 of the department shall serve as nonvoting advisers to the 1767 M.P.O. governing board. Additional nonvoting advisers may be 1768 appointed by the M.P.O. as deemed necessary; however, to the 1769 maximum extent feasible, each M.P.O. shall seek to appoint 1770 nonvoting representatives of various multimodal forms of 1771 transportation not otherwise represented by voting members of 1772 the M.P.O. An M.P.O. shall appoint nonvoting advisers 1773 representing major military installations located within the 1774 jurisdictional boundaries of the M.P.O. upon the request of the 1775 aforesaid major military installations and subject to the 1776 agreement of the M.P.O. All nonvoting advisers may attend and 1777 participate fully in governing board meetings but may not vote 1778 or be members of the governing board.The Governor shall review1779the composition of the M.P.O. membership in conjunction with the1780decennial census as prepared by the United States Department of1781Commerce, Bureau of the Census, and reapportion it as necessary1782to comply with subsection (3).1783 (c)(b)Except for members who represent municipalities on 1784 the basis of alternating with representatives from other 1785 municipalities that do not have members on the M.P.O. as 1786 provided in paragraph (3)(a), the members of an M.P.O. shall 1787 serve 4-year terms. Members who represent municipalities on the 1788 basis of alternating with representatives from other 1789 municipalities that do not have members on the M.P.O. as 1790 provided in paragraph (3)(a) may serve terms of up to 4 years as 1791 further provided in the interlocal agreement described in 1792 paragraph (2)(b). The membership of a member who is a public 1793 official automatically terminates upon the member’s leaving his 1794 or her elective or appointive office for any reason, or may be 1795 terminated by a majority vote of the total membership of the 1796 entity’s governing board represented by the member. A vacancy 1797 shall be filled by the original appointing entity. A member may 1798 be reappointed for one or more additional 4-year terms. 1799 (d)(c)If a governmental entity fails to fill an assigned 1800 appointment to an M.P.O. within 60 days after notification by 1801 the Governor of its duty to appoint, that appointment mustshall1802 be made by the Governor from the eligible representatives of 1803 that governmental entity. 1804 Section 35. Paragraph (a) of subsection (1) and subsections 1805 (4) and (5) of section 339.2821, Florida Statutes, are amended 1806 to read: 1807 339.2821 Economic development transportation projects.— 1808 (1)(a) The department, in consultation with the Department 1809 of Economic Opportunity and Enterprise Florida, Inc., may make 1810 and approve expenditures and contract with the appropriate 1811 governmental body for the direct costs of transportation 1812 projects. The Department of Economic Opportunity and the 1813 Department of Environmental Protection may formally review and 1814 comment on recommended transportation projects, although the 1815 department has final approval authority for any project 1816 authorized under this section. 1817 (4) A contract between the department and a governmental 1818 body for a transportation project must: 1819 (a) Specify that the transportation project is for the 1820 construction of a new or expanding business and specify the 1821 number of full-time permanent jobs that will result from the 1822 project. 1823 (b) Identify the governmental body and require that the 1824 governmental body award the construction of the particular 1825 transportation project to the lowest and best bidder in 1826 accordance with applicable state and federal statutes or rules 1827 unless the transportation project can be constructed using 1828 existing local governmental employees within the contract period 1829 specified by the department. 1830 (c) Require that the governmental body provide the 1831 department withquarterlyprogress reports. Eachquarterly1832 progress report must contain: 1833 1. A narrative description of the work completed and 1834 whether the work is proceeding according to the transportation 1835 project schedule; 1836 2. A description of each change order executed by the 1837 governmental body; 1838 3. A budget summary detailing planned expenditures compared 1839 to actual expenditures; and 1840 4. The identity of each small or minority business used as 1841 a contractor or subcontractor. 1842 (d) Require that the governmental body make and maintain 1843 records in accordance with accepted governmental accounting 1844 principles and practices for each progress payment made for work 1845 performed in connection with the transportation project, each 1846 change order executed by the governmental body, and each payment 1847 made pursuant to a change order. The records are subject to 1848 financial audit as required by law. 1849 (e) Require that the governmental body, upon completion and 1850 acceptance of the transportation project, certify to the 1851 department that the transportation project has been completed in 1852 compliance with the terms and conditions of the contract between 1853 the department and the governmental body and meets the minimum 1854 construction standards established in accordance with s. 1855 336.045. 1856 (f) Specify thatthe department transferfunds will not be 1857 transferred to the governmental body unless construction has 1858 begun on the facility of thenot more often than quarterly, upon1859receipt of a request for funds from the governmental body and1860consistent with the needs of the transportation project. The1861governmental body shall expend funds received from the1862department in a timely manner. The department may not transfer1863funds unless construction has begun on the facility of a1864 business on whose behalf the award was made. If construction of 1865 the transportation project does not begin within 4 years after 1866 the date of the initial grant award, the grant award is 1867 terminatedA contract totaling less than $200,000 is exempt from1868the transfer requirement. 1869 (g) Require that funds be used only on a transportation 1870 project that has been properly reviewed and approved in 1871 accordance with the criteria set forth in this section. 1872 (h) Require that the governing board of the governmental 1873 body adopt a resolution accepting future maintenance and other 1874 attendant costs occurring after completion of the transportation 1875 project if the transportation project is constructed on a county 1876 or municipal system. 1877 (5) For purposes of this section, Space Florida may serve 1878 as the governmental body or as the contracting agency for a 1879transportationproject within a spaceport territory as defined 1880 by s. 331.304. 1881 Section 36. Paragraphs (a) and (c) of subsection (2) and 1882 paragraph (i) of subsection (7) of section 339.55, Florida 1883 Statutes, are amended to read: 1884 339.55 State-funded infrastructure bank.— 1885 (2) The bank may lend capital costs or provide credit 1886 enhancements for: 1887 (a) A transportation facility project that is on the State 1888 Highway System or that provides for increased mobility on the 1889 state’s transportation system or provides intermodal 1890 connectivity with airports, seaports, spaceports, rail 1891 facilities, and other transportation terminals, pursuant to s. 1892 341.053, for the movement of people and goods. 1893 (c)1. Emergency loans for damages incurred to public-use 1894 commercial deepwater seaports, public-use airports, public-use 1895 spaceports, and other public-use transit and intermodal 1896 facilities that are within an area that is part of an official 1897 state declaration of emergency pursuant to chapter 252 and all 1898 other applicable laws. Such loans: 1899 a. May not exceed 24 months in duration except in extreme 1900 circumstances, for which the Secretary of Transportation may 1901 grant up to 36 months upon making written findings specifying 1902 the conditions requiring a 36-month term. 1903 b. Require application from the recipient to the department 1904 that includes documentation of damage claims filed with the 1905 Federal Emergency Management Agency or an applicable insurance 1906 carrier and documentation of the recipient’s overall financial 1907 condition. 1908 c. Are subject to approval by the Secretary of 1909 Transportation and the Legislative Budget Commission. 1910 2. Loans provided under this paragraph must be repaid upon 1911 receipt by the recipient of eligible program funding for damages 1912 in accordance with the claims filed with the Federal Emergency 1913 Management Agency or an applicable insurance carrier, but no 1914 later than the duration of the loan. 1915 (7) The department may consider, but is not limited to, the 1916 following criteria for evaluation of projects for assistance 1917 from the bank: 1918 (i) The extent to which the project will provide for 1919 connectivity between the State Highway System and airports, 1920 seaports, spaceports, rail facilities, and other transportation 1921 terminals and intermodal options pursuant to s. 341.053 for the 1922 increased accessibility and movement of people and goods. 1923 Section 37. Subsection (11) of section 341.031, Florida 1924 Statutes, is amended to read: 1925 341.031 Definitions relating to Florida Public Transit 1926 Act.—As used in ss. 341.011-341.061, the term: 1927 (11) “Intercity bus service” means regularly scheduled bus 1928 service for the general public which operates with limited stops 1929 over fixed routes connecting two or more urban areas not in 1930 close proximity; has the capacity for transporting baggage 1931 carried by passengers; and makes meaningful connections with 1932 scheduled intercity bus service to more distant points, if such 1933 service is available; maintains scheduled information in the1934National Official Bus Guide; and provides package express1935service incidental to passenger transportation. 1936 Section 38. Section 341.053, Florida Statutes, is amended 1937 to read: 1938 341.053 Intermodal Development Program; administration; 1939 eligible projects; limitations.— 1940 (1) There is created within the Department of 1941 Transportation an Intermodal Development Program to provide for 1942 major capital investments in fixed-guideway transportation 1943 systems, access to seaports, airports, spaceports, and other 1944 transportation terminals, providing for the construction of 1945 intermodal or multimodal terminals; and to plan or fund 1946 construction of airport, spaceport, seaport, transit, and rail 1947 projects thatotherwisefacilitate the intermodal or multimodal 1948 movement of people and goods. 1949 (2) The Intermodal Development Program shall be used for 1950 projects that support statewide goals as outlined in the Florida 1951 Transportation Plan, the Strategic Intermodal System Plan, the 1952 Freight Mobility and Trade Plan, or the appropriate department 1953 modal planIn recognition of the department’s role in the1954economic development of this state, the department shall develop1955a proposed intermodal development plan to connect Florida’s1956airports, deepwater seaports, rail systems serving both1957passenger and freight, and major intermodal connectors to the1958Strategic Intermodal System highway corridors as the primary1959system for the movement of people and freight in this state in1960order to make the intermodal development plan a fully integrated1961and interconnected system.The intermodal development plan must:1962(a) Define and assess the state’s freight intermodal1963network, including airports, seaports, rail lines and terminals,1964intercity bus lines and terminals, and connecting highways.1965(b) Prioritize statewide infrastructure investments,1966including the acceleration of current projects, which are found1967by the Freight Stakeholders Task Force to be priority projects1968for the efficient movement of people and freight.1969(c) Be developed in a manner that will assure maximum use1970of existing facilities and optimum integration and coordination1971of the various modes of transportation, including both1972government-owned and privately owned resources, in the most1973cost-effective manner possible.1974 (3) The Intermodal Development Program shall be 1975 administered by the department. 1976 (4) The department shall review funding requests from a 1977 rail authority created pursuant to chapter 343. The department 1978 may include projects of the authorities, including planning and 1979 design, in the tentative work program. 1980 (5)No single transportation authority operating a fixed1981guideway transportation system, or single fixed-guideway1982transportation system not administered by a transportation1983authority, receiving funds under the Intermodal Development1984Program shall receive more than 331/3percent of the total1985intermodal development funds appropriated between July 1, 1990,1986and June 30, 2015. In determining the distribution of funds1987under the Intermodal Development Program in any fiscal year, the1988department shall assume that future appropriation levels will be1989equal to the current appropriation level.1990(6)The department mayis authorized tofund projects 1991 within the Intermodal Development Program, which are consistent, 1992 to the maximum extent feasible, with approved local government 1993 comprehensive plans of the units of local government in which 1994 the project is located. Projects that are eligible for funding 1995 under this program include planning studies, major capital 1996 investments in public rail and fixed-guideway transportation or 1997 freight facilities and systems which provide intermodal access; 1998 road, rail, intercity bus service, or fixed-guideway access to, 1999 from, or between seaports, airports, spaceports, intermodal 2000 logistics centers, and other transportation terminals; 2001 construction of intermodal or multimodal terminals, including 2002 projects on airports, spaceports, intermodal logistics centers, 2003 or seaports which assist in the movement or transfer of people 2004 or goods; development and construction of dedicated bus lanes; 2005 and projects which otherwise facilitate the intermodal or 2006 multimodal movement of people and goods. 2007 Section 39. Subsection (17) of section 341.302, Florida 2008 Statutes, is amended to read: 2009 341.302 Rail program; duties and responsibilities of the 2010 department.—The department, in conjunction with other 2011 governmental entities, including the rail enterprise and the 2012 private sector, shall develop and implement a rail program of 2013 statewide application designed to ensure the proper maintenance, 2014 safety, revitalization, and expansion of the rail system to 2015 assure its continued and increased availability to respond to 2016 statewide mobility needs. Within the resources provided pursuant 2017 to chapter 216, and as authorized under federal law, the 2018 department shall: 2019 (17) In conjunction with the acquisition, ownership, 2020 construction, operation, maintenance, and management of a rail 2021 corridor, have the authority to: 2022 (a) Assume obligations pursuant to the following: 2023 1.a. The department may assume the obligation by contract 2024 to forever protect, defend, indemnify, and hold harmless the 2025 freight rail operator, or its successors, from whom the 2026 department has acquired a real property interest in the rail 2027 corridor, and that freight rail operator’s officers, agents, and 2028 employees, from and against any liability, cost, and expense, 2029 including, but not limited to, commuter rail passengers and rail 2030 corridor invitees in the rail corridor, regardless of whether 2031 the loss, damage, destruction, injury, or death giving rise to 2032 any such liability, cost, or expense is caused in whole or in 2033 part, and to whatever nature or degree, by the fault, failure, 2034 negligence, misconduct, nonfeasance, or misfeasance of such 2035 freight rail operator, its successors, or its officers, agents, 2036 and employees, or any other person or persons whomsoever; or 2037 b. The department may assume the obligation by contract to 2038 forever protect, defend, indemnify, and hold harmless National 2039 Railroad Passenger Corporation, or its successors, and officers, 2040 agents, and employees of National Railroad Passenger 2041 Corporation, from and against any liability, cost, and expense, 2042 including, but not limited to, commuter rail passengers and rail 2043 corridor invitees in the rail corridor, regardless of whether 2044 the loss, damage, destruction, injury, or death giving rise to 2045 any such liability, cost, or expense is caused in whole or in 2046 part, and to whatever nature or degree, by the fault, failure, 2047 negligence, misconduct, nonfeasance, or misfeasance of National 2048 Railroad Passenger Corporation, its successors, or its officers, 2049 agents, and employees, or any other person or persons 2050 whomsoever. 2051 2. The assumption of liability of the department by 2052 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph 2053 1.b. may not in any instance exceed the following parameters of 2054 allocation of risk: 2055 a. The department may be solely responsible for any loss, 2056 injury, or damage to commuter rail passengers, or rail corridor 2057 invitees, or trespassers, regardless of circumstances or cause, 2058 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 2059 6. 2060 b.(I) In the event of a limited covered accident, the 2061 authority of the department to protect, defend, and indemnify 2062 the freight operator for all liability, cost, and expense, 2063 including punitive or exemplary damages, in excess of the 2064 deductible or self-insurance retention fund established under 2065 paragraph (b) and actually in force at the time of the limited 2066 covered accident exists only if the freight operator agrees, 2067 with respect to the limited covered accident, to protect, 2068 defend, and indemnify the department for the amount of the 2069 deductible or self-insurance retention fund established under 2070 paragraph (b) and actually in force at the time of the limited 2071 covered accident. 2072 (II) In the event of a limited covered accident, the 2073 authority of the department to protect, defend, and indemnify 2074 National Railroad Passenger Corporation for all liability, cost, 2075 and expense, including punitive or exemplary damages, in excess 2076 of the deductible or self-insurance retention fund established 2077 under paragraph (b) and actually in force at the time of the 2078 limited covered accident exists only if National Railroad 2079 Passenger Corporation agrees, with respect to the limited 2080 covered accident, to protect, defend, and indemnify the 2081 department for the amount of the deductible or self-insurance 2082 retention fund established under paragraph (b) and actually in 2083 force at the time of the limited covered accident. 2084 3. IfWhenonly one train is involved in an incident, the 2085 department may be solely responsible for any loss, injury, or 2086 damage if the train is a department train or other train 2087 pursuant to subparagraph 4., but only if: 2088 a. IfWhenan incident occurs with only a freight train 2089 involved, including incidents with trespassers or at grade 2090 crossings, the freight rail operator is solely responsible for 2091 any loss, injury, or damage, except for commuter rail passengers 2092 and rail corridor invitees; or 2093 b. IfWhenan incident occurs with only a National Railroad 2094 Passenger Corporation train involved, including incidents with 2095 trespassers or at grade crossings, National Railroad Passenger 2096 Corporation is solely responsible for any loss, injury, or 2097 damage, except for commuter rail passengers and rail corridor 2098 invitees. 2099 4. For the purposes of this subsection: 2100 a. AAnytrain involved in an incident whichthatis not 2101neitherthe department’s train ornorthe freight rail 2102 operator’s train, hereinafter referred to in this subsection as 2103 an “other train,” may be treated as a department train, solely 2104 for purposes of any allocation of liability between the 2105 department and the freight rail operator only, but only if the 2106 department and the freight rail operator share responsibility 2107 equally as to third parties outside the rail corridor who incur 2108 loss, injury, or damage as a result of any incident involving 2109 both a department train and a freight rail operator train, and 2110 the allocation as between the department and the freight rail 2111 operator, regardless of whether the other train is treated as a 2112 department train, shall remain one-half each as to third parties 2113 outside the rail corridor who incur loss, injury, or damage as a 2114 result of the incident. The involvement of any other train does 2115shallnot alter the sharing of equal responsibility as to third 2116 parties outside the rail corridor who incur loss, injury, or 2117 damage as a result of the incident; or 2118 b. AAnytrain involved in an incident that is notneither2119 the department’s train ornorthe National Railroad Passenger 2120 Corporation’s train, hereinafter referred to in this subsection 2121 as an “other train,” may be treated as a department train, 2122 solely for purposes of any allocation of liability between the 2123 department and National Railroad Passenger Corporation only, but 2124 only if the department and National Railroad Passenger 2125 Corporation share responsibility equally as to third parties 2126 outside the rail corridor who incur loss, injury, or damage as a 2127 result of any incident involving both a department train and a 2128 National Railroad Passenger Corporation train, and the 2129 allocation as between the department and National Railroad 2130 Passenger Corporation, regardless of whether the other train is 2131 treated as a department train, shall remain one-half each as to 2132 third parties outside the rail corridor who incur loss, injury, 2133 or damage as a result of the incident. The involvement of any 2134 other train doesshallnot alter the sharing of equal 2135 responsibility as to third parties outside the rail corridor who 2136 incur loss, injury, or damage as a result of the incident. 2137 5. IfWhenmore than one train is involved in an incident: 2138 a.(I) If only a department train and freight rail 2139 operator’s train, or only an other train as described in sub 2140 subparagraph 4.a. and a freight rail operator’s train, are 2141 involved in an incident, the department may be responsible for 2142 its property and all of its people, all commuter rail 2143 passengers, and rail corridor invitees, but only if the freight 2144 rail operator is responsible for its property and all of its 2145 people, and the department and the freight rail operator each 2146 share one-half responsibility as to trespassers or third parties 2147 outside the rail corridor who incur loss, injury, or damage as a 2148 result of the incident; or 2149 (II) If only a department train and a National Railroad 2150 Passenger Corporation train, or only an other train as described 2151 in sub-subparagraph 4.b. and a National Railroad Passenger 2152 Corporation train, are involved in an incident, the department 2153 may be responsible for its property and all of its people, all 2154 commuter rail passengers, and rail corridor invitees, but only 2155 if National Railroad Passenger Corporation is responsible for 2156 its property and all of its people, all National Railroad 2157 Passenger Corporation’s rail passengers, and the department and 2158 National Railroad Passenger Corporation each share one-half 2159 responsibility as to trespassers or third parties outside the 2160 rail corridor who incur loss, injury, or damage as a result of 2161 the incident. 2162 b.(I) If a department train, a freight rail operator train, 2163 and any other train are involved in an incident, the allocation 2164 of liability between the department and the freight rail 2165 operator, regardless of whether the other train is treated as a 2166 department train, shall remain one-half each as to third parties 2167 outside the rail corridor who incur loss, injury, or damage as a 2168 result of the incident; the involvement of any other train does 2169shallnot alter the sharing of equal responsibility as to third 2170 parties outside the rail corridor who incur loss, injury, or 2171 damage as a result of the incident; and, if the owner, operator, 2172 or insurer of the other train makes any payment to injured third 2173 parties outside the rail corridor who incur loss, injury, or 2174 damage as a result of the incident, the allocation of credit 2175 between the department and the freight rail operator as to such 2176 payment doesshallnot in any case reduce the freight rail 2177 operator’s third-party-sharing allocation of one-half under this 2178 paragraph to less than one-third of the total third party 2179 liability; or 2180 (II) If a department train, a National Railroad Passenger 2181 Corporation train, and any other train are involved in an 2182 incident, the allocation of liability between the department and 2183 National Railroad Passenger Corporation, regardless of whether 2184 the other train is treated as a department train, shall remain 2185 one-half each as to third parties outside the rail corridor who 2186 incur loss, injury, or damage as a result of the incident; the 2187 involvement of any other train doesshallnot alter the sharing 2188 of equal responsibility as to third parties outside the rail 2189 corridor who incur loss, injury, or damage as a result of the 2190 incident; and, if the owner, operator, or insurer of the other 2191 train makes any payment to injured third parties outside the 2192 rail corridor who incur loss, injury, or damage as a result of 2193 the incident, the allocation of credit between the department 2194 and National Railroad Passenger Corporation as to such payment 2195 doesshallnot in any case reduce National Railroad Passenger 2196 Corporation’s third-party-sharing allocation of one-half under 2197 this sub-subparagraph to less than one-third of the total third 2198 party liability. 2199 6. Any such contractual duty to protect, defend, indemnify, 2200 and hold harmless such a freight rail operator or National 2201 Railroad Passenger Corporation shall expressly include a 2202 specific cap on the amount of the contractual duty, which amount 2203 mayshallnot exceed $200 million without prior legislative 2204 approval, and the department to purchase liability insurance and 2205 establish a self-insurance retention fund in the amount of the 2206 specific cap established under this subparagraph, provided that: 2207 a. ANo suchcontractual duty may notshallin any case be 2208 effective ornorotherwise extend the department’s liability in 2209 scope and effect beyond the contractual liability insurance and 2210 self-insurance retention fund required pursuant to this 2211 paragraph; and 2212 b.(I) The freight rail operator’s compensation to the 2213 department for future use of the department’s rail corridor 2214 shall include a monetary contribution to the cost of such 2215 liability coverage for the sole benefit of the freight rail 2216 operator. 2217 (II) National Railroad Passenger Corporation’s compensation 2218 to the department for future use of the department’s rail 2219 corridor shall include a monetary contribution to the cost of 2220 such liability coverage for the sole benefit of National 2221 Railroad Passenger Corporation. 2222 (b) Purchase liability insurance, which amount mayshall2223 not exceed $200 million, and establish a self-insurance 2224 retention fund for the purpose of paying the deductible limit 2225 established in the insurance policies it may obtain, including 2226 coverage for the department, any freight rail operator as 2227 described in paragraph (a), National Railroad Passenger 2228 Corporation, commuter rail service providers, governmental 2229 entities, or any ancillary development, which self-insurance 2230 retention fund or deductible mayshallnot exceed $10 million. 2231 The insureds shall pay a reasonable monetary contribution to the 2232 cost of such liability coverage for the sole benefit of the 2233 insured. Such insurance and self-insurance retention fund may 2234 provide coverage for all damages, including, but not limited to, 2235 compensatory, special, and exemplary, and be maintained to 2236 provide an adequate fund to cover claims and liabilities for 2237 loss, injury, or damage arising out of or connected with the 2238 ownership, operation, maintenance, and management of a rail 2239 corridor. 2240 (c) Incur expenses for the purchase of advertisements, 2241 marketing, and promotional items. 2242 (d) Undertake any ancillary development that the department 2243 determines to be appropriate as a source of revenue for the 2244 establishment, construction, operation, or maintenance of any 2245 rail corridor owned by the state. The ancillary development must 2246 be consistent, to the extent feasible, with applicable local 2247 government comprehensive plans and local land development 2248 regulations and otherwise be in compliance with ss. 341.302 2249 341.303. 2250 2251NeitherThe assumption by contract to protect, defend, 2252 indemnify, and hold harmless; the purchase of insurance; ornor2253 the establishment of a self-insurance retention fund may not 2254shallbe deemed to be a waiver of any defense of sovereign 2255 immunity for torts nor deemed to increase the limits of the 2256 department’s or the governmental entity’s liability for torts as 2257 provided in s. 768.28. The requirements of s. 287.022(1) do 2258shallnot apply to the purchase of any insurance under this 2259 subsection. The provisions of this subsectionshallapply and 2260 inure fully as to any other governmental entity providing 2261 commuter rail service and constructing, operating, maintaining, 2262 or managing a rail corridor on publicly owned right-of-way under 2263 contract by the governmental entity with the department or a 2264 governmental entity designated by the department. 2265 Notwithstanding any law to the contrary, procurement for the 2266 construction, operation, maintenance, and management of any rail 2267 corridor described in this subsection, whether by the 2268 department, a governmental entity under contract with the 2269 department, or a governmental entity designated by the 2270 department, mustshallbe pursuant to s. 287.057 and mustshall2271 include, but not be limited to, criteria for the consideration 2272 of qualifications, technical aspects of the proposal, and price. 2273 Further, aany suchcontract for design-build shall be procured 2274 pursuant to the criteria in s. 337.11(7). 2275 Section 40. Paragraph (d) of subsection (3) of section 2276 343.82, Florida Statutes, is amended to read: 2277 343.82 Purposes and powers.— 2278 (3) 2279 (d) The authority may undertake projects or other 2280 improvements in the master plan in phases as particular projects 2281 or segments thereof become feasible, as determined by the 2282 authority. In carrying out its purposes and powers, the 2283 authority may request funding and technical assistance from the 2284 department and appropriate federal and local agencies, 2285 including, but not limited to, state infrastructure bank loans,2286advances from the Toll Facilities Revolving Trust Fund,and from 2287 any other sources. 2288 Section 41. Subsection (4) of section 343.922, Florida 2289 Statutes, is amended to read: 2290 343.922 Powers and duties.— 2291 (4) The authority may undertake projects or other 2292 improvements in the master plan in phases as particular projects 2293 or segments become feasible, as determined by the authority. The 2294 authority shall coordinate project planning, development, and 2295 implementation with the applicable local governments. The 2296 authority’s projects that are transportation oriented shall be 2297 consistent to the maximum extent feasible with the adopted local 2298 government comprehensive plans at the time they are funded for 2299 construction. Authority projects that are not transportation 2300 oriented and meet the definition of development pursuant to s. 2301 380.04 shall be consistent with the local comprehensive plans. 2302 In carrying out its purposes and powers, the authority may 2303 request funding and technical assistance from the department and 2304 appropriate federal and local agencies, including, but not 2305 limited to, state infrastructure bank loans, advances from the2306Toll Facilities Revolving Trust Fund,and funding and technical 2307 assistance from any other source. 2308 Section 42. Chapter 345, Florida Statutes, consisting of 2309 sections 345.0001, 345.0002, 345.0003, 345.0004, 345.0005, 2310 345.0006, 345.0007, 345.0008, 345.0009, 345.0010, 345.0011, 2311 345.0012, 345.0013, 345.0014, 345.0015, 345.0016, and 345.0017, 2312 is created to read: 2313 345.0001 Short title.—This act may be cited as the “Florida 2314 Regional Tollway Authority Act.” 2315 345.0002 Definitions.—As used in this chapter, the term: 2316 (1) “Agency of the state” means the state and any 2317 department of, or any corporation, agency, or instrumentality 2318 heretofore or hereafter created, designated, or established by, 2319 the state. 2320 (2) “Area served” means the geographical area of the 2321 counties for which an authority is established. 2322 (3) “Authority” means a regional tollway authority, a body 2323 politic and corporate, and an agency of the state, established 2324 pursuant to the Florida Regional Tollway Authority Act. 2325 (4) “Bonds” means the notes, bonds, refunding bonds, or 2326 other evidences of indebtedness or obligations, in temporary or 2327 definitive form, which an authority may issue pursuant to this 2328 act. 2329 (5) “Department” means the Department of Transportation of 2330 Florida and any successor thereto. 2331 (6) “Division” means the Division of Bond Finance of the 2332 State Board of Administration. 2333 (7) “Federal agency” means the United States, the President 2334 of the United States, and any department of, or any bureau, 2335 corporation, agency, or instrumentality heretofore or hereafter 2336 created, designated, or established by, the United States. 2337 (8) “Members” means the governing body of an authority, and 2338 the term “member” means one of the individuals constituting such 2339 governing body. 2340 (9) “Regional system” or “system” means, generally, a 2341 modern tolled highway system of roads, bridges, causeways, and 2342 tunnels within any area of the authority, with access limited or 2343 unlimited as an authority may determine, and the buildings and 2344 structures and appurtenances and facilities related to the 2345 system, including all approaches, streets, roads, bridges, and 2346 avenues of access for the system. 2347 (10) “Revenues” means the tolls, revenues, rates, fees, 2348 charges, receipts, rentals, contributions, and other income 2349 derived from or in connection with the operation or ownership of 2350 a regional system, including the proceeds of any use and 2351 occupancy insurance on any portion of the system but excluding 2352 state funds available to an authority and any other municipal or 2353 county funds available to an authority under an agreement with a 2354 municipality or county. 2355 345.0003 Tollway authority; formation; membership.— 2356 (1) A county, or two or more contiguous counties, may, 2357 after the approval of the Legislature, form a regional tollway 2358 authority for the purposes of constructing, maintaining, and 2359 operating transportation projects in a region of this state. An 2360 authority shall be governed in accordance with the provisions of 2361 this chapter. An authority may not be created without the 2362 approval of the Legislature and the approval of the county 2363 commission of each county that will be a part of the authority. 2364 An authority may not be created to serve a particular area of 2365 this state as provided by this subsection if a regional tollway 2366 authority has been created and is operating within all or a 2367 portion of the same area served pursuant to an act of the 2368 Legislature. Each authority shall be the only authority created 2369 and operating pursuant to this chapter within the area served by 2370 the authority. 2371 (2) The governing body of an authority shall consist of a 2372 board of voting members as follows: 2373 (a) The county commission of each county in the area served 2374 by the authority shall each appoint a member who must be a 2375 resident of the county from which he or she is appointed. If 2376 possible, the member must represent the business and civic 2377 interests of the community. 2378 (b) The Governor shall appoint an equal number of members 2379 to the board as those appointed by the county commissions. The 2380 members appointed by the Governor must be residents of the area 2381 served by the authority. 2382 (c) The secretary of the Department of Transportation shall 2383 appoint one of the district secretaries, or his or her designee, 2384 for the districts within which the area served by the authority 2385 is located. 2386 (3) The term of office of each member shall be for 4 years 2387 or until his or her successor is appointed and qualified. 2388 (4) A member may not hold an elected office. 2389 (5) A vacancy occurring in the governing body before the 2390 expiration of the member’s term shall be filled by the 2391 respective appointing authority in the same manner as the 2392 original appointment and only for the balance of the unexpired 2393 term. 2394 (6) Each member, before entering upon his or her official 2395 duties, must take and subscribe to an oath before an official 2396 authorized by law to administer oaths that he or she will 2397 honestly, faithfully, and impartially perform the duties 2398 devolving upon him or her in office as a member of the governing 2399 body of the authority and that he or she will not neglect any 2400 duties imposed upon him or her by this chapter. 2401 (7) A member of an authority may be removed from office by 2402 the Governor for misconduct, malfeasance, misfeasance, or 2403 nonfeasance in office. 2404 (8) The members of the authority shall designate one of its 2405 members as chair. 2406 (9) The members of the authority shall serve without 2407 compensation, but shall be entitled to reimbursement for per 2408 diem and other expenses in accordance with s. 112.061 while in 2409 performance of their duties. 2410 (10) A majority of the members of the authority constitutes 2411 a quorum, and resolutions enacted or adopted by a vote of a 2412 majority of the members present and voting at any meeting become 2413 effective without publication, posting, or any further action of 2414 the authority. 2415 345.0004 Powers and duties.— 2416 (1)(a) An authority created and established, or governed, 2417 by the Florida Regional Tollway Authority Act shall plan, 2418 develop, finance, construct, reconstruct, improve, own, operate, 2419 and maintain a regional system in the area served by the 2420 authority. 2421 (b) An authority may not exercise the powers in paragraph 2422 (a) with respect to an existing system for transporting people 2423 and goods by any means that is owned by another entity without 2424 the consent of that entity. If an authority acquires, purchases, 2425 or inherits an existing entity, the authority shall also inherit 2426 and assume all rights, assets, appropriations, privileges, and 2427 obligations of the existing entity. 2428 (2) Each authority may exercise all powers necessary, 2429 appurtenant, convenient, or incidental to the carrying out of 2430 the purposes of this section, including, but not limited to, the 2431 following rights and powers: 2432 (a) To sue and be sued, implead and be impleaded, and 2433 complain and defend in all courts in its own name. 2434 (b) To adopt and use a corporate seal. 2435 (c) To have the power of eminent domain, including the 2436 procedural powers granted under chapters 73 and 74. 2437 (d) To acquire, purchase, hold, lease as a lessee, and use 2438 any property, real, personal, or mixed, tangible or intangible, 2439 or any interest therein, necessary or desirable for carrying out 2440 the purposes of the authority. 2441 (e) To sell, convey, exchange, lease, or otherwise dispose 2442 of any real or personal property acquired by the authority, 2443 including air rights. 2444 (f) To fix, alter, charge, establish, and collect rates, 2445 fees, rentals, and other charges for the use of any system owned 2446 or operated by the authority, which rates, fees, rentals, and 2447 other charges must always be sufficient to comply with any 2448 covenants made with the holders of any bonds issued pursuant to 2449 this act; however, such right and power may be assigned or 2450 delegated by the authority to the department. 2451 (g) To borrow money, make and issue negotiable notes, 2452 bonds, refunding bonds, and other evidences of indebtedness or 2453 obligations, in temporary or definitive form, for the purpose of 2454 financing all or part of the improvement of the authority’s 2455 system and appurtenant facilities, including the approaches, 2456 streets, roads, bridges, and avenues of access for the system 2457 and for any other purpose authorized by this chapter, the bonds 2458 to mature in not exceeding 30 years after the date of the 2459 issuance thereof, and to secure the payment of such bonds or any 2460 part thereof by a pledge of its revenues, rates, fees, rentals, 2461 or other charges, including municipal or county funds received 2462 by the authority pursuant to the terms of an agreement between 2463 the authority and a municipality or county; and, in general, to 2464 provide for the security of the bonds and the rights and 2465 remedies of the holders of the bonds; however, municipal or 2466 county funds may not be pledged for the construction of a 2467 project for which a toll is to be charged unless the anticipated 2468 tolls are reasonably estimated by the governing board of the 2469 municipality or county, at the date of its resolution pledging 2470 said funds, to be sufficient to cover the principal and interest 2471 of such obligations during the period when the pledge of funds 2472 is in effect. 2473 1. An authority shall reimburse a municipality or county 2474 for sums expended from municipal or county funds used for the 2475 payment of the bond obligations. 2476 2. If an authority determines to fund or refund any bonds 2477 issued by the authority before the maturity of the bonds, the 2478 proceeds of the funding or refunding bonds shall, pending the 2479 prior redemption of the bonds to be funded or refunded, be 2480 invested in direct obligations of the United States, and the 2481 outstanding bonds may be funded or refunded by the issuance of 2482 bonds pursuant to this chapter. 2483 (h) To make contracts of every name and nature, including, 2484 but not limited to, partnerships providing for participation in 2485 ownership and revenues, and to execute each instrument necessary 2486 or convenient for the conduct of its business. 2487 (i) Without limitation of the foregoing, to cooperate with, 2488 to borrow money and accept grants from, and to enter into 2489 contracts or other transactions with any federal agency, the 2490 state, or any agency or any other public body of the state. 2491 (j) To employ an executive director, attorney, staff, and 2492 consultants. Upon the request of an authority, the department 2493 shall furnish the services of a department employee to act as 2494 the executive director of the authority. 2495 (k) To enter into joint development agreements. 2496 (l) To accept funds or other property from private 2497 donations. 2498 (m) To do all acts and things necessary or convenient for 2499 the conduct of its business and the general welfare of the 2500 authority, in order to carry out the powers granted to it by 2501 this act or any other law. 2502 (3) An authority does not have the power at any time or in 2503 any manner to pledge the credit or taxing power of the state or 2504 any political subdivision or agency thereof. Obligations of the 2505 authority may not be deemed to be obligations of the state or of 2506 any other political subdivision or agency thereof. The state or 2507 any political subdivision or agency thereof, except the 2508 authority, is not liable for the payment of the principal of or 2509 interest on such obligations. 2510 (4) An authority has no power, other than by consent of the 2511 affected county or an affected municipality, to enter into an 2512 agreement that would legally prohibit the construction of a road 2513 by the county or the municipality. 2514 (5) An authority formed pursuant to this chapter shall 2515 comply with the statutory requirements of general application 2516 which relate to the filing of a report or documentation required 2517 by law, including the requirements of ss. 189.4085, 189.415, 2518 189.417, and 189.418. 2519 345.0005 Bonds.— 2520 (1)(a) Bonds may be issued on behalf of an authority 2521 pursuant to the State Bond Act. 2522 (b) An authority may also issue bonds in such principal 2523 amount as is necessary, in the opinion of the authority, to 2524 provide sufficient moneys for achieving its corporate purposes, 2525 including construction, reconstruction, improvement, extension, 2526 repair, maintenance and operation of the system, the cost of 2527 acquisition of all real property, interest on bonds during 2528 construction and for a reasonable period thereafter, 2529 establishment of reserves to secure bonds, and other 2530 expenditures of the authority incident, and necessary or 2531 convenient, to carry out its corporate purposes and powers. 2532 (2)(a) Bonds issued by an authority pursuant to paragraph 2533 (1)(a) or paragraph (1)(b) must be authorized by resolution of 2534 the members of the authority and must bear such date or dates; 2535 mature at such time or times, not exceeding 30 years after their 2536 respective dates; bear interest at such rate or rates, not 2537 exceeding the maximum rate fixed by general law for authorities; 2538 be in such denominations; be in such form, either coupon or 2539 fully registered; carry such registration, exchangeability and 2540 interchangeability privileges; be payable in such medium of 2541 payment and at such place or places; be subject to such terms of 2542 redemption; and be entitled to such priorities of lien on the 2543 revenues and other available moneys as such resolution or any 2544 resolution subsequent to the bonds’ issuance may provide. The 2545 bonds must be executed by manual or facsimile signature by such 2546 officers as the authority shall determine, provided that such 2547 bonds bear at least one signature that is manually executed on 2548 the bond. The coupons attached to the bonds must bear the 2549 facsimile signature or signatures of the officer or officers as 2550 shall be designated by the authority. The bonds must have the 2551 seal of the authority affixed, imprinted, reproduced, or 2552 lithographed thereon. 2553 (b) Bonds issued pursuant to paragraph (1)(a) or paragraph 2554 (1)(b) must be sold at public sale in the same manner provided 2555 in the State Bond Act. Pending the preparation of definitive 2556 bonds, temporary bonds or interim certificates may be issued to 2557 the purchaser or purchasers of such bonds and may contain such 2558 terms and conditions as the authority may determine. 2559 (3) A resolution that authorizes any bonds may contain 2560 provisions that must be part of the contract with the holders of 2561 the bonds, as to: 2562 (a) The pledging of all or any part of the revenues, 2563 available municipal or county funds, or other charges or 2564 receipts of the authority derived from the regional system. 2565 (b) The construction, reconstruction, improvement, 2566 extension, repair, maintenance, and operation of the system, or 2567 any part or parts of the system, and the duties and obligations 2568 of the authority with reference thereto. 2569 (c) Limitations on the purposes to which the proceeds of 2570 the bonds, then or thereafter issued, or of any loan or grant by 2571 any federal agency or the state or any political subdivision of 2572 the state may be applied. 2573 (d) The fixing, charging, establishing, revising, 2574 increasing, reducing, and collecting of tolls, rates, fees, 2575 rentals, or other charges for use of the services and facilities 2576 of the system or any part of the system. 2577 (e) The setting aside of reserves or of sinking funds and 2578 the regulation and disposition of the reserves or sinking funds. 2579 (f) Limitations on the issuance of additional bonds. 2580 (g) The terms and provisions of any deed of trust or 2581 indenture securing the bonds, or under which the bonds may be 2582 issued. 2583 (h) Any other or additional matters, of like or different 2584 character, which in any way affect the security or protection of 2585 the bonds. 2586 (4) The authority may enter into any deeds of trust, 2587 indentures, or other agreements with any bank or trust company 2588 within or without the state, as security for such bonds, and 2589 may, under such agreements, assign and pledge any of the 2590 revenues and other available moneys, including any available 2591 municipal or county funds, pursuant to the terms of this 2592 chapter. The deed of trust, indenture, or other agreement may 2593 contain provisions that are customary in such instruments or 2594 that the authority may authorize, including, but without 2595 limitation, provisions that: 2596 (a) Pledge any part of the revenues or other moneys 2597 lawfully available therefor. 2598 (b) Apply funds and safeguard funds on hand or on deposit. 2599 (c) Provide for the rights and remedies of the trustee and 2600 the holders of the bonds. 2601 (d) Provide for the terms and provisions of the bonds or 2602 for resolutions authorizing the issuance of the bonds. 2603 (e) Provide for any other or additional matters, of like or 2604 different character, which affect the security or protection of 2605 the bonds. 2606 (5) Any bonds issued pursuant to this act are negotiable 2607 instruments and have all the qualities and incidents of 2608 negotiable instruments under the law merchant and the negotiable 2609 instruments law of the state. 2610 (6) A resolution that authorizes the issuance of authority 2611 bonds and pledges the revenues of the system must require that 2612 revenues of the system be periodically deposited into 2613 appropriate accounts in such sums as are sufficient to pay the 2614 costs of operation and maintenance of the system for the current 2615 fiscal year as set forth in the annual budget of the authority 2616 and to reimburse the department for any unreimbursed costs of 2617 operation and maintenance of the system from prior fiscal years 2618 before revenues of the system are deposited into accounts for 2619 the payment of interest or principal owing or that may become 2620 owing on such bonds. 2621 (7) State funds may not be used or pledged to pay the 2622 principal or interest of any authority bonds, and all such bonds 2623 must contain a statement on their face to this effect. 2624 345.0006 Remedies of bondholders.— 2625 (1) The rights and the remedies granted to authority 2626 bondholders under this chapter are in addition to and not in 2627 limitation of any rights and remedies lawfully granted to such 2628 bondholders by the resolution or indenture providing for the 2629 issuance of bonds, or by any deed of trust, indenture, or other 2630 agreement under which the bonds may be issued or secured. If an 2631 authority defaults in the payment of the principal of or 2632 interest on any of the bonds issued pursuant to this chapter 2633 after such principal of or interest on the bonds becomes due, 2634 whether at maturity or upon call for redemption, as provided in 2635 the resolution or indenture, and such default continues for 30 2636 days, or in the event that the authority fails or refuses to 2637 comply with the provisions of this chapter or any agreement made 2638 with, or for the benefit of, the holders of the bonds, the 2639 holders of 25 percent in aggregate principal amount of the bonds 2640 then outstanding shall be entitled as of right to the 2641 appointment of a trustee to represent such bondholders for the 2642 purposes of the default provided that the holders of 25 percent 2643 in aggregate principal amount of the bonds then outstanding 2644 first gave written notice of their intention to appoint a 2645 trustee, to the authority and to the department. 2646 (2) The trustee, and any trustee under any deed of trust, 2647 indenture, or other agreement, may, and upon written request of 2648 the holders of 25 percent, or such other percentages specified 2649 in any deed of trust, indenture, or other agreement, in 2650 principal amount of the bonds then outstanding, shall, in any 2651 court of competent jurisdiction, in his, her, or its own name: 2652 (a) By mandamus or other suit, action, or proceeding at 2653 law, or in equity, enforce all rights of the bondholders, 2654 including the right to require the authority to fix, establish, 2655 maintain, collect, and charge rates, fees, rentals, and other 2656 charges, adequate to carry out any agreement as to, or pledge 2657 of, the revenues, and to require the authority to carry out any 2658 other covenants and agreements with or for the benefit of the 2659 bondholders, and to perform its and their duties under this 2660 chapter. 2661 (b) Bring suit upon the bonds. 2662 (c) By action or suit in equity, require the authority to 2663 account as if it were the trustee of an express trust for the 2664 bondholders. 2665 (d) By action or suit in equity, enjoin any acts or things 2666 that may be unlawful or in violation of the rights of the 2667 bondholders. 2668 (3) A trustee, if appointed pursuant to this section or 2669 acting under a deed of trust, indenture, or other agreement, and 2670 whether or not all bonds have been declared due and payable, 2671 shall be entitled as of right to the appointment of a receiver. 2672 The receiver may enter upon and take possession of the system or 2673 the facilities or any part or parts of the system, the revenues 2674 and other pledged moneys, for and on behalf of and in the name 2675 of, the authority and the bondholders. The receiver may collect 2676 and receive all revenues and other pledged moneys in the same 2677 manner as the authority might do. The receiver shall deposit all 2678 such revenues and moneys in a separate account and apply all 2679 such revenues and moneys remaining after allowance for payment 2680 of all costs of operation and maintenance of the system in such 2681 manner as the court directs. In a suit, action, or proceeding by 2682 the trustee, the fees, counsel fees, and expenses of the 2683 trustee, and said receiver, if any, and all costs and 2684 disbursements allowed by the court must be a first charge on any 2685 revenues after payment of the costs of operation and maintenance 2686 of the system. The trustee also has all other powers necessary 2687 or appropriate for the exercise of any functions specifically 2688 set forth in this section or incident to the representation of 2689 the bondholders in the enforcement and protection of their 2690 rights. 2691 (4) This section or any other section of this chapter does 2692 not authorize a receiver appointed pursuant to this section for 2693 the purpose of operating and maintaining the system or any 2694 facilities or parts thereof to sell, assign, mortgage, or 2695 otherwise dispose of any of the assets belonging to the 2696 authority. The powers of such receiver are limited to the 2697 operation and maintenance of the system, or any facility or 2698 parts thereof and to the collection and application of revenues 2699 and other moneys due the authority, in the name and for and on 2700 behalf of the authority and the bondholders. A holder of bonds 2701 or any trustee does not have the right in any suit, action, or 2702 proceeding, at law or in equity, to compel a receiver, or a 2703 receiver may not be authorized or a court may not direct a 2704 receiver to, sell, assign, mortgage, or otherwise dispose of any 2705 assets of whatever kind or character belonging to the authority. 2706 345.0007 Department to construct, operate, and maintain 2707 facilities.— 2708 (1) The department is the agent of each authority for the 2709 purpose of performing all phases of a project, including, but 2710 not limited to, constructing improvements and extensions to the 2711 system. The division and the authority shall provide to the 2712 department complete copies of the documents, agreements, 2713 resolutions, contracts, and instruments that relate to the 2714 project and shall request that the department perform the 2715 construction work, including the planning, surveying, design, 2716 and actual construction of the completion, extensions, and 2717 improvements to the system. After the issuance of bonds to 2718 finance construction of an improvement or addition to the 2719 system, the division and the authority shall transfer to the 2720 credit of an account of the department in the State Treasury the 2721 necessary funds for construction. The department shall proceed 2722 with construction and use the funds for the purpose authorized 2723 and as otherwise provided by law for construction of roads and 2724 bridges. An authority may alternatively, with the consent and 2725 approval of the department, elect to appoint a local agency 2726 certified by the department to administer federal aid projects 2727 in accordance with federal law as the authority’s agent for the 2728 purpose of performing each phase of a project. 2729 (2) Notwithstanding the provisions of subsection (1), the 2730 department is the agent of each authority for the purpose of 2731 operating and maintaining the system. The department shall 2732 operate and maintain the system, and the costs incurred by the 2733 department for operation and maintenance shall be reimbursed 2734 from revenues of the system. The appointment of the department 2735 as agent for each authority does not create an independent 2736 obligation of the department to operate and maintain a system. 2737 Each authority shall remain obligated as principal to operate 2738 and maintain its system, and an authority’s bondholders do not 2739 have an independent right to compel the department to operate or 2740 maintain the authority’s system. 2741 (3) Each authority shall fix, alter, charge, establish, and 2742 collect tolls, rates, fees, rentals, and other charges for the 2743 authority’s facilities, as otherwise provided in this chapter. 2744 345.0008 Department contributions to authority projects.— 2745 (1) The department may, at the request of an authority, 2746 provide for or contribute to the payment of costs of financial 2747 or engineering and traffic feasibility studies and the design, 2748 financing, acquisition, or construction of an authority project 2749 or system, subject to appropriation by the Legislature. 2750 (2) The department may use its engineering and other 2751 personnel, including consulting engineers and traffic engineers, 2752 to conduct feasibility studies pursuant to subsection (1). 2753 (3) An obligation or expense incurred by the department 2754 under this section is a part of the cost of the authority 2755 project for which the obligation or expense was incurred. The 2756 department may require money contributed by the department under 2757 this section to be repaid from tolls of the project on which the 2758 money was spent, other revenue of the authority, or other 2759 sources of funds. 2760 (4) The department shall receive from an authority a share 2761 of the authority’s net revenues equal to the ratio of the 2762 department’s total contributions to the authority under this 2763 section to the sum of: the department’s total contributions 2764 under this section; contributions by any local government to the 2765 cost of revenue producing authority projects; and the sale 2766 proceeds of authority bonds after payment of costs of issuance. 2767 For the purpose of this subsection, net revenues are gross 2768 revenues of an authority after payment of debt service, 2769 administrative expenses, operations and maintenance expenses, 2770 and all reserves required to be established under any resolution 2771 under which authority bonds are issued. 2772 345.0009 Acquisition of lands and property.— 2773 (1) For the purposes of this chapter, an authority may 2774 acquire private or public property and property rights, 2775 including rights of access, air, view, and light, by gift, 2776 devise, purchase, condemnation by eminent domain proceedings, or 2777 transfer from another political subdivision of the state, as the 2778 authority may deem necessary for any of the purposes of this 2779 chapter, including, but not limited to, any lands reasonably 2780 necessary for securing applicable permits, areas necessary for 2781 management of access, borrow pits, drainage ditches, water 2782 retention areas, rest areas, replacement access for landowners 2783 whose access is impaired due to the construction of a facility, 2784 and replacement rights-of-way for relocated rail and utility 2785 facilities; for existing, proposed, or anticipated 2786 transportation facilities on the system or in a transportation 2787 corridor designated by the authority; or for the purposes of 2788 screening, relocation, removal, or disposal of junkyards and 2789 scrap metal processing facilities. Each authority shall also 2790 have the power to condemn any material and property necessary 2791 for such purposes. 2792 (2) An authority shall exercise the right of eminent domain 2793 conferred under this section in the manner provided by law. 2794 (3) If an authority acquires property for a transportation 2795 facility or in a transportation corridor, it is not subject to 2796 any liability imposed by chapter 376 or chapter 403 for 2797 preexisting soil or groundwater contamination due solely to its 2798 ownership. This section does not affect the rights or 2799 liabilities of any past or future owners of the acquired 2800 property or affect the liability of any governmental entity for 2801 the results of its actions which create or exacerbate a 2802 pollution source. An authority and the Department of 2803 Environmental Protection may enter into interagency agreements 2804 for the performance, funding, and reimbursement of the 2805 investigative and remedial acts necessary for property acquired 2806 by the authority. 2807 345.0010 Cooperation with other units, boards, agencies, 2808 and individuals.—A county, municipality, drainage district, road 2809 and bridge district, school district, or any other political 2810 subdivision, board, commission, or individual in, or of, the 2811 state may make and enter into a contract, lease, conveyance, 2812 partnership, or other agreement with an authority within the 2813 provisions and purposes of this chapter. Each authority may make 2814 and enter into contracts, leases, conveyances, partnerships, and 2815 other agreements with any political subdivision, agency, or 2816 instrumentality of the state and any federal agency, 2817 corporation, and individual, to carry out the purposes of this 2818 chapter. 2819 345.0011 Covenant of the state.—The state pledges to, and 2820 agrees with, any person, firm, or corporation, or federal or 2821 state agency subscribing to, or acquiring the bonds to be issued 2822 by an authority for the purposes of this chapter that the state 2823 will not limit or alter the rights vested by this chapter in the 2824 authority and the department until all bonds at any time issued, 2825 together with the interest thereon, are fully paid and 2826 discharged insofar as the rights vested in the authority and the 2827 department affect the rights of the holders of bonds issued 2828 pursuant to this chapter. The state further pledges to, and 2829 agrees with, the United States that if a federal agency 2830 constructs or contributes any funds for the completion, 2831 extension, or improvement of the system, or any parts of the 2832 system, the state will not alter or limit the rights and powers 2833 of the authority and the department in any manner that is 2834 inconsistent with the continued maintenance and operation of the 2835 system or the completion, extension, or improvement of the 2836 system, or which would be inconsistent with the due performance 2837 of any agreements between the authority and any such federal 2838 agency, and the authority and the department shall continue to 2839 have and may exercise all powers granted in this section, so 2840 long as the powers are necessary or desirable to carry out the 2841 purposes of this chapter and the purposes of the United States 2842 in the completion, extension, or improvement of the system, or 2843 any part of the system. 2844 345.0012 Exemption from taxation.—The authority created 2845 under this chapter is for the benefit of the people of the 2846 state, for the increase of their commerce and prosperity, and 2847 for the improvement of their health and living conditions, and 2848 because the authority will be performing essential governmental 2849 functions pursuant to this chapter, the authority is not 2850 required to pay any taxes or assessments of any kind or nature 2851 whatsoever upon any property acquired or used by it for such 2852 purposes, or upon any rates, fees, rentals, receipts, income, or 2853 charges received by it, and the bonds issued by the authority, 2854 their transfer and the income from their issuance, including any 2855 profits made on the sale of the bonds, shall be free from 2856 taxation by the state or by any political subdivision, taxing 2857 agency, or instrumentality of the state. The exemption granted 2858 by this section does not apply to any tax imposed by chapter 220 2859 on interest, income, or profits on debt obligations owned by 2860 corporations. 2861 345.0013 Eligibility for investments and security.—Any 2862 bonds or other obligations issued pursuant to this chapter are 2863 legal investments for banks, savings banks, trustees, executors, 2864 administrators, and all other fiduciaries, and for all state, 2865 municipal, and other public funds and are also securities 2866 eligible for deposit as security for all state, municipal, or 2867 other public funds, notwithstanding the provisions of any other 2868 law to the contrary. 2869 345.0014 Applicability.— 2870 (1) The powers conferred by this chapter are in addition to 2871 the powers conferred by other law and do not repeal the 2872 provisions of any other general or special law or local 2873 ordinance, but supplement such other laws in the exercise of the 2874 powers provided in this chapter, and provide a complete method 2875 for the exercise of the powers granted in this chapter. The 2876 extension and improvement of a system, and the issuance of bonds 2877 pursuant to this chapter to finance all or part of the cost 2878 thereof, may be accomplished upon compliance with the provisions 2879 of this chapter without regard to or necessity for compliance 2880 with the provisions, limitations, or restrictions contained in 2881 any other general, special, or local law, including, but not 2882 limited to, s. 215.821, and approval of any bonds issued under 2883 this act by the qualified electors or qualified electors who are 2884 freeholders in the state or in any political subdivision of the 2885 state is not required for the issuance of such bonds pursuant to 2886 this chapter. 2887 (2) This act does not repeal, rescind, or modify any other 2888 law or laws relating to the State Board of Administration, the 2889 Department of Transportation, or the Division of Bond Finance of 2890 the State Board of Administration, but supersedes any other law 2891 that is inconsistent with the provisions of this chapter, 2892 including, but not limited to, s. 215.821. 2893 345.0015 Northwest Florida Regional Tollway Authority.— 2894 (1) There is hereby created and established a body politic 2895 and corporate, an agency of the state, to be known as the 2896 Northwest Florida Regional Tollway Authority, hereinafter 2897 referred to as the “authority.” 2898 (2) The area served by the authority shall be Escambia and 2899 Santa Rosa Counties. 2900 (3) The purposes and powers of the authority are as 2901 identified in the Florida Regional Tollway Authority Act for the 2902 area served by the authority, and the authority operates in the 2903 manner provided by the Florida Regional Tollway Authority Act. 2904 345.0016 Okaloosa-Bay Regional Tollway Authority.— 2905 (1) There is hereby created and established a body politic 2906 and corporate, an agency of the state, to be known as the 2907 Okaloosa-Bay Regional Tollway Authority, hereinafter referred to 2908 as the “authority.” 2909 (2) The area served by the authority shall be Okaloosa, 2910 Walton, and Bay Counties. 2911 (3) The purposes and powers of the authority are as 2912 identified in the Florida Regional Tollway Authority Act for the 2913 area served by the authority, and the authority operates in the 2914 manner provided by the Florida Regional Tollway Authority Act. 2915 345.0017 Suncoast Regional Tollway Authority.— 2916 (1) There is hereby created and established a body politic 2917 and corporate, an agency of the state, to be known as the 2918 Suncoast Regional Tollway Authority, hereinafter referred to as 2919 the “authority.” 2920 (2) The area served by the authority shall be Citrus, Levy, 2921 Marion, and Alachua Counties. 2922 (3) The purposes and powers of the authority are as 2923 identified in the Florida Regional Tollway Authority Act for the 2924 area served by the authority, and the authority operates in the 2925 manner provided by the Florida Regional Tollway Authority Act. 2926 Section 43. Transfer to the Okaloosa-Bay Regional Tollway 2927 Authority.—The governance and control of the Mid-Bay Bridge 2928 Authority System, created pursuant to chapter 2000-411, Laws of 2929 Florida, is transferred to the Okaloosa-Bay Regional Tollway 2930 Authority. 2931 (1) The assets, facilities, tangible and intangible 2932 property and any rights in such property, and any other legal 2933 rights of the bridge authority, including the bridge system 2934 operated by the authority, are transferred to the regional 2935 tollway authority. All powers of the bridge authority shall 2936 succeed to the regional tollway authority, and the operations 2937 and maintenance of the bridge system shall be under the control 2938 of the regional tollway authority, pursuant to this section. 2939 Revenues collected on the bridge system may be considered 2940 regional tollway authority revenues, and the Mid-Bay Bridge may 2941 be considered part of the regional tollway authority system, if 2942 bonds of the bridge authority are not outstanding. The regional 2943 tollway authority also assumes all liability for bonds of the 2944 bridge authority pursuant to the provisions of subsection (2). 2945 The regional tollway authority may review other contracts, 2946 financial obligations, and contractual obligations and 2947 liabilities of the bridge authority and may assume legal 2948 liability for the obligations that are determined to be 2949 necessary for the continued operation of the bridge system. 2950 (2) The transfer pursuant to this section is subject to the 2951 terms and covenants provided for the protection of the holders 2952 of the Mid-Bay Bridge Authority bonds in the lease-purchase 2953 agreement and the resolutions adopted in connection with the 2954 issuance of the bonds. Further, the transfer does not impair the 2955 terms of the contract between the bridge authority and the 2956 bondholders, does not act to the detriment of the bondholders, 2957 and does not diminish the security for the bonds. After the 2958 transfer, until the bonds of the bridge authority are fully 2959 defeased or paid in full, the department shall operate and 2960 maintain the bridge system and any other facilities of the 2961 authority in accordance with the terms, conditions, and 2962 covenants contained in the bond resolutions and lease-purchase 2963 agreement securing the bonds of the bridge authority. The 2964 Department of Transportation, as the agent of the regional 2965 tollway authority, shall collect toll revenues and apply them to 2966 the payment of debt service as provided in the bond resolution 2967 securing the bonds. The regional tollway authority shall 2968 expressly assume all obligations relating to the bonds to ensure 2969 that the transfer will have no adverse impact on the security 2970 for the bonds of the bridge authority. The transfer does not 2971 make the obligation to pay the principal and interest on the 2972 bonds a general liability of the regional tollway authority or 2973 pledge the regional tollway authority system revenues to payment 2974 of the bridge authority bonds. Revenues that are generated by 2975 the bridge system and other facilities of the bridge authority 2976 and that were pledged by the bridge authority to the payment of 2977 the bonds remain subject to the pledge for the benefit of the 2978 bondholders. The transfer does not modify or eliminate any prior 2979 obligation of the Department of Transportation to pay certain 2980 costs of the bridge system from sources other than revenues of 2981 the bridge system. With regard to the bridge authority’s current 2982 long-term debt of $16.1 million due to the department as of June 2983 30, 2011, and to the extent permitted by the bond resolutions 2984 and lease-purchase agreement securing the bonds, the regional 2985 tollway authority shall make payment annually to the State 2986 Transportation Trust Fund, for the purpose of repaying the 2987 bridge authority’s long-term debt due to the department, from 2988 any bridge system revenues obtained under this section which 2989 remain after the payment of the costs of operations, 2990 maintenance, renewal, and replacement of the bridge system; the 2991 payment of current debt service; and other payments required in 2992 relation to the bonds. The regional tollway authority shall make 2993 the annual payments, not to exceed $1 million per year, to the 2994 State Transportation Trust Fund until all remaining authority 2995 long-term debt due to the department has been repaid. 2996 (3) Any remaining toll revenue from the facilities of the 2997 Mid-Bay Bridge Authority collected by the Okaloosa-Bay Regional 2998 Tollway Authority after meeting the requirements of subsections 2999 (1) and (2) shall be used for the construction, maintenance, or 3000 improvement of any toll facility of the Okaloosa-Bay Regional 3001 Tollway Authority within the county or counties in which the 3002 revenue was collected. 3003 Section 44. Except as otherwise expressly provided in this 3004 act, this act shall take effect upon becoming a law.